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HomeMy WebLinkAbout11-12-2024 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large BFq VICE MAYOR ROSEMARY WILSON—District s MICHAELF.BERLUCCHI—District 3 0 L� BARBARA M.HENLEY—District 2 n G' DAVID HUTCHESON—District I U ROBERTW. "WORTH"REMICK—District 6 DR.AMELIA N.ROSS HAMMOND—District 4 •' JENNIFER ROUSE—District 10 �'••• JOASHUAF. 'JOASH"SCHULMAN—District 9 CHRIS TAYLOR—District 8 SABRINA D.WOOTEN—District 7 CITY HALL BUILDING I CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER—PATRICK A.DUHANEY VIRGINIA BEACH, VIRGIMU 23456 CITY A TTORNEY—MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR—SUE CUNNINGHAM CITY COUNCIL AGENDA FAX(757)385-5669 CITY AUDITOR—LYNDONS.REMIAS November 12,2024 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK—AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS -Conference Room- 12:30 PM A. NORFOLK INTERNATIONAL AIRPORT UPDATE AND MASTERPLAN Mark Perryman, Executive Director&CEO—Norfolk Airport Authority B. VBCPS REVERSION FUNDING 1:00 PM Crystal Pate,Chief Financial Officer—VBCPS C. EMERGENCY MEDICAL SERVICES AMBULANCE FLEET NEEDS 1:45 PM Jason Stroud, Chief, EMS D. CIP RETREAT PRE-BRIEFING (PARKS AND RECREATION) 2:15 PM Chad Morris, Planning Design and Development Administrator, Parks&Recreation E. SOMETHING IN THE WATER UPDATE 2:45 PM Nancy Helman, Director—Convention and Visitors Bureau II. CITY COUNCIL DISCUSSION 3:15 PM The Proposed ITA Plan (Requested by Mayor Dyer and Council Member Henley) III. CITY COUNCIL LIAISON REPORTS 3:45 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 PM V. CITY COUNCIL AGENDA REVIEW 4:15 PM VI. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VIL FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS October 15,2024 2. FORMAL SESSION October 22, 2024 H. MAYOR'S PRESENTATIONS 1. RESOLUTION IN RECOGNITION Kellan Good; Ian Arnett; and Ross Benzel 2. PROCLAMATION Virginia Task Force 2 to Support Hurricane Helene Response and Recovery Fire Chief Ken Pravetz; Deputy Chief Vance Cooper; Assistant Chief Michael Brashear; Battalion Chief Michael Hopkins; Battalion Chief Michael Carter; and Captain Craig Brown 3. PROCLAMATION City Employees Deployed to Support Hurricane Helene Response and Recovery Efforts Joseph Varbero, Department of Emergency Management; Tran Van Kirk, Communications Office; Travis Smith, Police Department - deployed as a member of Hampton Roads Incident Management Team(HRIMT); and Rusty Blow, Captain EMS 4. PROCLAMATION National Homeless Youth Awareness Month Nicole Pixler—Executive Director of StandUp for Kids; Mark Stevens—City of Virginia Beach Human Rights Commissioner& StandUp for Kids Community Liaison; and Joy Rios—Founder of Connect with a Wish I. BID OPENING 1. NON-EXCLUSIVE FRANCHISE AGREEMENT Guided Horse-Riding Tours on the Beach J. PUBLIC HEARINGS 1. PROPOSED NON-EXCLUSIVE FRANCHISE AGREEMENT Virginia Beach Horseback, Inc. 2. PROPOSED CHARTER AMENDMENT Implement 10-1 Election System 3. FY2024-25 VIRGINIA BEACH CITY PUBLIC SCHOOLS OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM(CIP) AMENDMENTS— Appropriation of Reversion Funding(requested by the School Board) 4. DECLARATION AND SALE OF EXCESS CITY PROPERTY Adjacent to 245 Realty Lane 5. ACQUISITION, BY AGREEMENT OR CONDEMNATION Temporary and Permanent Easements for the Lynnhaven River Basin Ecosystem Restoration Project Phase 2: Wetland Construction, CIP 100263 (the"Project") 6. EXCHANGE OF EXCESS CITY PROPERTY The Catholic Diocese of Richmond, Virginia (Approximately 16+/- acres of City-owned property located on Indian River Road) 7. PROPOSED CAFE FRANCHISE AGREEMENTS Grill Virginia Beach,LLC, at 405 19t'Street re sidewalk cafe Mi Vida Virginia Beach, LLC at 332 20d' Street re sidewalk cafe 8. CITY-OWNED PROPERTY—TOWN CENTER Parking Franchise(Valet Services) 9. LEASE OF CITY PROPERTY—FARMERS MARKET Building 6, Space 1 to Lisa Preuss Building 6, Spaces 3 &4 to Chapman's Flowers& Gifts K. FORMAL SESSION AGENDA 1. CONSENT AGENDA L. ORDINANCES/RESOLUTIONS 1. Resolution to DESIGNATE General Street in the New Light Community re in Memory of George L.Kimble(requested by the City Council) 2. Ordinance to AMEND Section 35-35 of the City Code re equalization of assessments (requested by the Board of Equalization) 3. Resolution to ADOPT the City's 2025 Legislative Agenda 4. Resolution to REQUEST the General Assembly Amend the City Charter re implement a ten- single member district election system 5. Ordinance to AUTHORIZE the acquisition of temporary and permanent easements, either by agreement or condemnation re the Bus Stop Infrastructure and Accessibility Improvements Phase 9A Project, CIP 100050.009A 6. Ordinance to EXTEND the date for satisfying the conditions in the matter of Whitney W. Elliot re closure of one-half of an unimproved, unnamed alley adjacent to the rear of 218 55th Street, Unit B 7. Ordinance to EXTEND the date for satisfying the conditions in the matter of Matthew E. Mancoll and Robin A. Mancoll re closure of one-half of an unimproved, unnamed alley adjacent to the rear of 219 541h Street 8. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned right-of- way known as Artic Avenue for Grill Virginia Beach, LLC at Atlantic Park re construct and maintain a patio, fixed railing, planter boxes, pergola/trellis support posts and concrete footers DISTRICT 6 9. Ordinance to AUTHORIZE temporary encroachments into portions of City right-of-way known as 20t' Street for Mi Vida Virginia Beach, LLC, at Atlantic Park re construct and maintain a patio, railing, pergola, and support posts and concrete footers DISTRICT 6 10. Ordinance to AUTHORIZE temporary encroachments into a 100-foot City-owned drainage easement and a 5-foot City-owned drainage and utility easement located at the rear of 5345 Fairfield Boulevard re construct and maintain a timber pier with an L-Head and maintain an existing timber shed DISTRICT 1 11. Ordinance to ACCEPT and APPROPRIATE $451,360 from the Virginia Early Childhood Foundation and Old Dominion University Research Foundation to the FY 2024-25 Parks and Recreation Operating Budget re support programs focused on expanding access to preschool services 12. Ordinance to ACCEPT and APPROPRIATE $322,515 from the Virginia Department of Behavioral Health and Development Services to the FY 2024-25 Human Services Operating Budget re workforce initiatives 13. Ordinance to APPROPRIATE $2,535,000 from the Fund Balance of the General Fund re provide interest free loans to the volunteer rescue squad for the purchase of ambulances and equipment to outfit the ambulances 14. Ordinance to APPROPRIATE $430,659 from the Technology Trust Fund to FY 2024-25 the Clerk of the Circuit Court Operating Budget re support technological related needs and upgrades 15. Ordinance to APPROPRIATE $31,410 in Private Dredging Revenue to the Capital Improvement Program Project #100550 "Shadowlawn Area Dredging II" re access basin dredging agreements M. PLANNING 1. KEMPSVILLE CHRISTIAN CHURCH (AKA KEMPSVILLE CHURCH OF CHRIST) for a Modification of Conditions to a Conditional Use Permit re construct two(2)additions to the existing church building at 5424 & 5432 Parliament Drive DISTRICT 1 RECOMMENDATION: APPROVAL 2. Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan, 2016 re The Urban Forest Management Plan, 2023, which will supersede the Urban Forest Management Plan,2014 (Deferred from October 15,2024) RECOMMENDATION: APPROVAL 3. Ordinance to AMEND Section 1501 of the City Zoning Ordinance (CZO) re eating and drinking establishments in the RT-1 Zoning District RECOMMENDATION: APPROVAL N. APPOINTMENTS BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CHESAPEAKE BAY AREA PRESERVATION BOARD CLEAN COMMUNITY COMMISSION COG REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD EASTERN VA REGIONAL INDUSTRIAL FACILITY AUTH. GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADV. COMMITTEE RESORT ADVISORY COMMISSION STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP VIRGINIA BEACH CANNABIS ADV. TASK FORCE VIRGINIA BEACH CDC O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 The Agenda(including all backup documents) is available at https://clerk.virginiabeach. ov/city- council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TCheliusAvb ov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: httr)s://vbciov.webex.com/weblink/register/rO23bcfc2bda739c22dcO6cd3114eaddf 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on Tuesday, November 12,2024. I. CITY COUNCIL'S BRIEFINGS - Conference Room- 12:30 PNI A. NORFOLK INTERNATIONAL AIRPORT UPDATE AND MASTERPLAN Mark Perryman, Executive Director& CEO—Norfolk Airport Authority B. VBCPS REVERSION FUNDING 1:00 PM Crystal Pate, Chief Financial Officer—VBCPS C. EMERGENCY MEDICAL SERVICES AMBULANCE FLEET NEEDS 1:45 PM Jason Stroud, Chief, EMS D. CIP RETREAT PRE-BRIEFING(PARKS AND RECREATION) 2:15 PM Chad Morris, Planning Design and Development Administrator, Parks & Recreation E. SOMETHING IN THE WATER UPDATE 2:45 PM Nancy Helman, Director—Convention and Visitors Bureau II. CITY COUNCIL DISCUSSION 3:15 PM The Proposed ITA Plan (Requested by Mayor Dyer and Council Member Henley) III. CITY COUNCIL LIAISON REPORTS 3:45 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 PM V. CITY COUNCIL AGENDA REVIEW 4:15 PM VI. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER— Mayor Robert M. "Bobby" Dyer B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS October 15, 2024 2. FORMAL SESSION October 22, 2024 H. MAYOR'S PRESENTATIONS 1. RESOLUTION IN RECOGNITION Kellan Good; Ian Arnett; and Ross Benzel 2. PROCLAMATION Virginia Task Force 2 to Support Hurricane Helene Response and Recovery Fire Chief Ken Pravetz; Deputy Chief Vance Cooper; Assistant Chief Michael Brashear; Battalion Chief Michael Hopkins; Battalion Chief Michael Carter; and Captain Craig Brown 3. PROCLAMATION City Employees Deployed to Support Hurricane Helene Response and Recovery Efforts Joseph Varbero, Department of Emergency Management; Tran Van Kirk, Communications Office; Travis Smith, Police Department - deployed as a member of Hampton Roads Incident Management Team(HRIMT); and Rusty Blow, Captain EMS 4. PROCLAMATION National Homeless Youth Awareness Month Nicole Pixler—Executive Director of StandUp for Kids; Mark Stevens—City of Virginia Beach Human Rights Commissioner& StandUp for Kids Community Liaison; and Joy Rios—Founder of Connect with a Wish °F OUR RAT° RESOLUTION WHEREAS.On Friday,September 6,2024,Kellam High School students,Kellen Good and Ian Arnett headed to Little Island Park in Sandbridge to take advantage of their day off from school.About an hour into surfing,they noticed a group onshore frantically waving to get their attention.In that moment they witnessed a man face down in the water;and WHEREAS: Without hesitation,Good and Arnett sprang into action,demonstrating courage and quick thinking. Good paddled to shore to ensure 911 had been dialed while Arnett pulled the man onto his surfboard;and WHEREAS:Arnett immediately used a CPR technique, taught by their teacher and wrestling coach Ross Benzel,allowing the man to cough up water and take a breath. Good joined Arnett back in the water to help bring the man to shore. Good grabbed hold of both surfboards as Arnett brought the man to higher ground;and WHEREAS:These two remarkable young men exhibited extraordinary bravery,selflessness,and teamwork during a life-threatening incident. Their prompt actions and quick thinking saved a man's life that day;and WHEREAS:Their actions not only reflect their outstanding character but also serve as an inspiring example to their peers and the entire community;and WHEREAS: While the City wants to recognize and celebrate their acts of heroism that contribute to the safety and well-being of others, it is also important to highlight their exceptional personal successes;and WHEREAS:Kellen Good is an Honor Roll student and member of the Kellam High School Varsity Wrestling and Golf teams.In 2022, Good received the Sportsmanship Award and the Highest GPA Award for wrestling. The following year he placed 31 in the Region 6A Wrestling Tournament,earning the Most Improved Wrestler Award and his second Sportsmanship Award.At the end of the 2023-2024 season Good was presented with the Coaches Award. Good is active on the Student Council Association Executive Board,Kellam High School Captains Council,and as a 2024 Leadership Workshop delegate. Good shares his wrestling knowledge with the Kellam Mat Rats,a youth wrestling program. Good also dedicates his time to the West Neck Educators Club,St.Baldricks Foundation PAMS event and the Virginia Beach Little League;and WHEREAS:Ian Arnett an Honor Roll student,with a 4.1 GPA,has received seven "end of course"academic awards to include the Physical Education Department Award.As a member of the Kellam High School Varsity Wrestling,Arnett is a two-time All-State Wrestler and a two-time Regional Wrestling Champion.Arnett is a Wrestling Academic Award Winner and,as a sophomore,was named MVP of the Wrestling team.Arnett has earned notable recognitions on the Lacrosse and Golf teams as well.He is an active member of the National Honor Society and is a 2024 Leadership Workshop delegate.Arnett is also active in his community,serving over 300 volunteer hours mentoring Kellam Mat Rats and volunteering with the West Neck Educators Club the past four years;and WHEREAS:Ross Benzel graduated from Kellam High School in 2012 and attended Limestone University where he completed his bachelor's degree in 2016. Coach Ross Benzel returned to his alma mater and has been an invaluable mentor to students and young athletes,dedicating countless hours to their development both on and off the mat.His unwavering support,encouragement,and knowledge has instilled values such as teamwork,resilience,and sportsmanship in his students. We are incredibly grateful for his commitment to shaping the future of our students;and NOW, THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINL9 BEACH, VIRGINIA:That the Virginia Beach City Council formally honors Kellen Good and Ian Arnett for their bravery and quick actions in saving a life and to Ross Benzel for his guidance and mentorship that transpired beyond the classroom and the wrestling mat. This Resolution is presented as a testament to their exceptional courage and commitment to the welfare of others. Given by the Council of the City of Virginia Beach, Virginia the 12"day of November 2024 and present this Resolution duly signed by each Member of the Virgi Beac ity until. Q, A� Council Member Michael F.Berlucchi Council Member Barbara M.He ey Council Me�Dvidutht��� Council Member Robert W "Worth" Council Member Dr.Amelia Ross- �emberJennifer� C unouse Remick Hammond Council Member JoashudF.Schulman Council Membe4 Chris Taylor Ln�c_il�MemberSabrinaD. Wooten Vice Mayor Rose ary Wilson Mayor Robert AF"Bobb 'Dyer � rr s � e Of DUR MKt��� pro -51----I- -Odo VAie nc .9futricane Mefene,a pouwfu!G"ory 4 humcane,made landfaffan September 27,2024,in the(Big Bend region of 9Ton4 near",6nngmg mavmum sustained winds of 140 mph.After reaching peakintensity,7f&w w+eakenmdas it movedinlandandtransitioned to a post-tropicalcydone over Tennessee later on September 27.The storm staffed there before dissipating on September 29;and IfNm , In North Carohna,the storm caused catastrophic damage,especialfy in the uxstern Appalachian regm.7felene's remnants as a trnpwdstorm 6rought unpreadentedrainfaffto towns such as AsheviA Swannanoa,Chimney%ock 91fontrra4_andLakg Lure The deluge ledto wi&Trzad flooding as rivers breachedtheirbanks,inundating communities,datmymg homes,anddamaging infrastructure.Severaldams wwre 6rrached,andmudsfides createdfurtherdestnution,with power, transportation,andcommunication systems significantly AmTted The storm tmgw4ffy resultedin at feast 98 dwaths,,and %&tax lirpw TaskTorre 2,a Type 1 Vr6an Search andRacue Team with 80 mem6m,was deployed aheadof3funicane 3fefene,along with 22 add:tionafpersonnelforincidew Support aaoss affected states.InitiaQy staged in Orlando,AFL,Mg were later reassigned to search and rescue missions in North Carofna'sWitcheQ•County,northeast ofAshewffee and IfNerew In five days,the team assasedafl7,684 structures to the county,assisted 224 residents,evacuated 12 people needing urgent can;anddistri6utedessentiafs"Su.They also uwnWuith the county's schoofsystem to ensure the safety of every student andclearedde6»s from roads anddnveways, helping restore community access,and %'rM= 9fumwne Nilson,anotherpowerfulstorm,struck,Siesta Key,rF'L,on Octo6er9,2024,as a category 3 hurricane,causing significant flooding andtriggering a dea6y tornado outbreak,feadmg to 32 fatalities as of Octo6er21.In advance of 9,f&on,lirginia Task Torre 2 dtspatchedan adduioal 17-person'Water gscue Team to Orlando,where they stagedfvr wiater rescue operations to Pasco County,EFL.The county facedegensiw ffoodtng with over afoot of rain,isolating numerous homes. The team work{.d non-stop for over 24 hours,evacuating neatly 200 residents from jLod-affected areas in Pasco County. Now,TTtarfvrt 1,9?pbert N W66y'Oyer,Nayorof the City of Virginia Beack Virginia,do hereby proclaim rmBrtitiorf to tFre`�tr8inia 7as1�,F'orrc 2 to Support 9fwrfraru 3fe�ine Rfspow and ftwvery E.forts. In ligq tda Beach;I caQ•upon the citizens and mem6ers urithin goventment agencies,pu6Gc and private institutions, 6unna=,and schools to'Virginia Beach to alto be 'neighbors helping neighbors'during emergennes for the 6enefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of Virginia Beach. In tfhtwu %faref, I have hereunto set my hand and caused the Official Seat of the City of Virginia Beach, Virginia,to be affixed this Twelfth Day of November,Two ThousandandTwenty-rFbur. 9Zpbert N. 'Bo66y`Dyer Nayor .iaCvy6 -4al�.,Cyy°S). 'l1Gg�b .'nod,-,Czuaml,yuD puDsnoyL Ort1L'eagwaaq�fo.fvQ)y1f," s<ya pa�v ag of 'V uUly y `yova@ muiBun,}o 4k)ayI fo JvaSJ��O ayz yasnvo yuv yuvy iCw aas o;unatay navy I.jf° mAs pru"uI yovag�I uUj ,t l o 40pafaoJag.rno ljy-dn.tayunf yuv atveoajddv um suoi3v�aua8 a�n�nj avy�os�tunwwm npfo lummmlag yuv 1zrauag ay; jof smuaBsawa Buunp ,saagyBtau Buuljay ssogyBiau, ag orJv o; yovas VY4.4't u: rgooyos yuv '.sassautmg 'Mopnmsul almud puv oJgnd 1".tmabv juawujo(wy uTylun ssagwaw puv soma w mp uodn yvo I yjme ouag% uI r► Offg CrOW04 put! ano&4 °l Y240160 Own srjlQy&.7 fo uMugo ; :w:vpoosd 'Cgala y op'muigilt `j"m veutbli. fo k*ayj o"kvX wko,fggof,, 'NG uag4`F ZofwyL"nom .4Lunwwoolno 0,4 tuawyuuwoo yuv".Uws uaya suv aax uj auvnun,K�o from ayj u}suoffa,C�aW.M yuv-suodral -M-vvstp uoddnso�p oI pa,CoJdap oyas saaCoJdma Cap asaya o1 aynitmd wadaay ino s-mAa a(q : yuv:amu Bu&Vvyo Slyy Bunny mjosai Buuaaamun puv suoringuguoo rs as Iwy;"fsaafoJdwa asay;buoy yuv muBooa,,of auvuodwi n iI �,yy yuv.'syumair Vgnd ino A"IVXyap ayg yuD hiunwwoo mo o yAaals aye&uuvomoys'auv,.wny ay;XC yapoffi -soya fo sauJ np u}aouw ippuno(oid v ayvw anvy raa6,jdwa 44W asayl fo s ofa ayL 2=m*% puv tau ui asoy, o�ra?uuasiv�luassa Bu yma�d yw'sa�nosu Busivup.�000'ruo m ado foyv u:Buqsum arym uousadwoo yuv'u�vuotr"jatd'v aw4:wujm Gvu!pw.4 a yAf jdwa)"a Symy- put asatlL xca�aypyy puv.'s o a iCraew9aiyuv asuodsac aalsvnp ui itoddnr Jv�m"old og pmaof paddaV yoDagj mu:B fO 440 ap�o saaCOjdwa pa;vnpap'MsysY,p np of asuodsw uI yuv sua?ely moJjaf,no�o Iu�drpuv aouapras ay7 paBua�vp my;vy�uouv�rvnap jgvuiBvwiun pu:yag Bumvi 'm- iunwwoo snaawnu,yn"dua k1mm-bOi,uBu rvy map%auD?tunK U01 pmn� 'ON uno O 5 �t lA B a`4 l 0 �a �e OF OUR NATO Proclamation 'femas: Novem6erwas first declared as ArationafMome&ss Touth Awareness Month in 2007 and since then,November has been a time to acknowledge those youth experiencing homelessness,with as many as 4.2 millwn youth per year experiencing homelessness; and %*emtas: `While trying to survive on the streets,youth are exposed to countless dangers,with an increased fikehhood of substance abuse, impulsivity,depression,Bost Traumatic Stress Disorder, anda vulwa6iRly of being traffickf4-and Whereas. Standup for xds, Wampton Pgads and Connect with a Wish have committed themselves working dwectfy with and to bringing together community partners to makf a*nijicant collective impact foraffhomeless youth in our area;and VAeme= Standup for xjds, ?fampton Wgads has been in Virginia Beach and he f ring homeless and disconnected youth since 1991 and is committed to changing the&,es of this most vulnera6le population means of(Drop-In centerfeeding nights, mentorship, pay for grades programs, clothing closets, Emergency Shelter, and housing programs their mission is simple,Ending the cycfe of youth homelessness;and 441um iu- Connect With a'Wish is committed to those who are in, aging out or have aged our of foster care since 2014 when they were founded. ?Heir mission 'to connect the wishes and needs of children in Virginia Beach foster care with the generosity of our community. We provide the resources and support needed to give these children the opportunity to grow into positive andpruductive members of ourcommunity." Now, Themtfore I, �Rg6ert M. "Bo66y" Dyer, Mayor of the City of 4Virginia Beach, '!irginia, do here6y proclaim: Aationafgfow&ss Touth Aware m month In%*inia tBeach, and I encourage all citizens to be therefor children in need and to observe this month ofNovem6eras the Nationaf9fomeless T'outhAwareness Month. In Suess 50knvf, I have hereunto set my hand and caused the Official Seal of the City of s rginia Beach, l rginia, to be aff zed this Twe fth Day of November, Two 9housand andTwenty- 'Four. Wg6ert M. "Bob6y"Dyer Mayor L BID OPENING 1. NON-EXCLUSIVE FRANCHISE AGREEMENT Guided Horse-Riding Tours on the Beach xv REQUEST FOR PROPOSALS NON-EXCLUSIVE FRANCHISE AGREEMENT FOR THE USE OF CITY PROPERTY The City of Virginia Beach has received a proposal for a non-exclusive franchise agreement to use and occupy public property in and around the resort area for the purpose of operating guided horse riding tours on the beach.A copy of the full text of the proposed ordinance is on file in the office of the City Clerk. Additional bids will be received by the City until the date below.All bids must be in writing. The right to reject any and all bids is hereby expressly reserved. Further information, including a copy of the proposed franchise agreement, may be obtained by calling the Convention and Visitors Bureau Resort Management Office at(757)385-4800. Bids shall be read by the Mayor of the City of Virginia Beach at the regular meeting of the City Council,which will be held in the Council Chamber, City Hall Building (Building 1) Municipal Center, Virginia Beach,Virginia on November 14,2024 at 6:00 p.m.,and after reading of the bids, the Council will either proceed with the consideration of the ordinance awarding the aforesaid franchise agreement or will defer the matter to a subsequent meeting. BIDS MIST BE RECEIVED NO LATER THAN FRIDAY,November 8,2024,AT 5:00 P.M. All interested parties are Invited to participate. Amanda Barnes,MMC City Clerk PILOT:Sunday,October 27,2024& November 3,2024 J. PUBLIC HEARINGS 1. PROPOSED NON-EXCLUSIVE FRANCHISE AGREEMENT Virginia Beach Horseback, Inc. 2. PROPOSED CHARTER AMENDMENT Implement 10-1 Election System 3. FY2024-25 VIRGINIA BEACH CITY PUBLIC SCHOOLS OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM(CIP) AMENDMENTS— Appropriation of Reversion Funding(requested by the School Board) 4. DECLARATION AND SALE OF EXCESS CITY PROPERTY Adjacent to 245 Realty Lane 5. ACQUISITION, BY AGREEMENT OR CONDEMNATION Temporary and Permanent Easements for the Lynnhaven River Basin Ecosystem Restoration Project Phase 2: Wetland Construction, CIP 100263 (the "Project") 6. EXCHANGE OF EXCESS CITY PROPERTY The Catholic Diocese of Richmond, Virginia (Approximately 16+/- acres of City-owned property located on Indian River Road) 7. PROPOSED CAFE FRANCHISE AGREEMENTS Grill Virginia Beach, LLC, at 405 19'h Street re sidewalk caf6 Mi Vida Virginia Beach, LLC at 332 20t' Street re sidewalk caf6 8. CITY-OWNED PROPERTY—TOWN CENTER Parking Franchise(Valet Services) 9. LEASE OF CITY PROPERTY—FARMERS MARKET Building 6, Space 1 to Lisa Preuss Building 6, Spaces 3 &4 to Chapman's Flowers & Gifts 1. x NOTICE OF PUBLIC HEARING On November 12,2024,at 6:00 p.m. in the Council Chamber of the City Hall Building 1,2401 Courthouse Dr., Virginia Beach,Virginia,the Virginia Beach City Council will hold a public hearing concerning the request of Virginia Beach Horseback,Inc.to be granted a nonexclusive franchise agreement to use and occupy public Property in and around the resort area for the purpose of operating guided horse riding tours on the beach.Any questions concerning this matter should be directed to the Convention and Visitors Bureau Resort Management Office at(757) 385-4800. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757- 385-4303; Hearing impaired, call TDD 711(TDD-Telephone Device for the Deaf). 1 If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385- 4303 prior to 5:00 p.m. on November 12,2024. 2. Download WebEx and view the meeting at: https,//vbgov.webex.com/w b l i n k/re9i ste r/r023bcfc 2 bd a 7 39c22dc06cd3114eaddf All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT:Sunday,November 3,2024 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Franchise Agreement to Virginia Beach Horseback, Inc. to Operate Guided Horse Riding Tours on the Beach in the Resort Area PUBLIC HEARING: November 12, 2024 MEETING DATE: November 19, 2024 s Background: Over the past eighteen years, City Council has granted multiple franchise agreements authorizing guided horse riding tours on the beach in the resort area during the non-summer months. Most recently in 2019, City Council approved the award of a one-year franchise agreement, with the option of four one-year renewals, to Virginia Beach Horseback, Inc. The franchise agreement expired in May 2024. e Considerations: The Convention and Visitors Bureau Resort Management Office determined it would be beneficial to continue offering guided horse riding tours in the resort area. An invitation to bid was issued by the City on August 13, 2024, and one bid was received from Virginia Beach Horseback, Inc. The initial term of the proposed franchise agreement will begin upon execution and will continue until May 16, 2025. Thereafter, the franchise may be renewed for up to four additional one-year terms upon the mutual written agreement of the parties. The annual franchise fee will be three thousand five hundred dollars ($3,500). Public Information: A solicitation for bids was advertised on October 27, 2024 and on November 3, 2024, as required by Virginia Code §15.2-2101. The bid opening is scheduled for November 12, 2024. A public hearing was advertised on November 3, 2024, as required by Virginia Code §15.2-1800, with public notice via the normal City Council agenda process. The public hearing will be held on November 12, 2024 Recommendations: Approval Attachments: Ordinance, Summary of Terms, Disclosure Statement Form Recommended Action: Adoption Submitting Department: Convention and Visitors Bureau h City Manager: i��� 1 AN ORDINANCE GRANTING A FRANCHISE AGREEMENT 2 TO VIRGINIA BEACH HORSEBACK, INC. TO OPERATE 3 GUIDED HORSE RIDING TOURS ON THE BEACH IN THE 4 RESORT AREA 5 6 WHEREAS, City Council has granted multiple franchise agreements over the 7 past eighteen years to authorize guided horse riding tours on the beach in the resort 8 area during the non-summer months; 9 10 WHEREAS, most recently in 2019, City Council approved the award of a one- 11 year franchise agreement, with the option of four one-year renewals, to Virginia Beach 12 Horseback, Inc. ("VBHI"); 13 14 WHEREAS, the VBHI franchise agreement expired in May 2024; 15 16 WHEREAS, the Convention and Visitors Bureau Resort Management Office 17 determined it would be beneficial to continue offering guided horse tours in the 18 resort area, and the City issued an invitation to bid on August 13, 2024; 19 20 WHEREAS, the City received one bid from VBHI; 21 22 WHEREAS, the initial term of the proposed franchise agreement will begin upon 23 execution and will continue until May 16, 2025; 24 25 WHEREAS, thereafter, the franchise may be renewed for up to four additional 26 one-year terms upon the mutual written agreement of the parties; 27 28 WHEREAS, the annual franchise fee will be three thousand five hundred dollars 29 ($3,500); and 30 31 WHEREAS, the Convention and Visitors Bureau Resort Management Office 32 recommends that VBHI be granted a franchise agreement. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 That the City Council hereby grants a franchise agreement to Virginia Beach 38 Horseback, Inc. to be effective upon execution of the franchise agreement through May 39 16, 2025, with the option for up to four one-year renewals, subject to the terms and 40 conditions of the franchise agreement and all applicable ordinances, resolutions, and 41 regulations to allow guided horse riding tours on the beach in the Resort Area, and 42 authorizes the City Manager or his designee to execute a franchise agreement with 43 Virginia Beach Horseback, Inc. in a form approved by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL: SUFFICIENCY C ice City Attorneys CA1664 R-1 October 21,2024 SUMMARY OF TERMS FRANCHISE AGREEMENT FOR GUIDED HORSE RIDING TOURS ON THE BEACH IN THE RESORT AREA Grantor: City of Virginia Beach ("City") Grantee: Virginia Beach Horseback, Inc. ("VBHI") Location: Grantee will offer guided horse tours to the public on the sandy beach east of the boardwalk between Rude Inlet and 42"d Street Term: Effective upon franchise execution through May 15, 2025. Franchise term may be renewed upon mutual written agreement for up to four (4) additional periods of October 1 through May 15 in 2025, 2026, 2027, and 2028. Franchise Fee: Grantee to pay City $3,500 per term. Hours of Grantee will offer guided tours from Friday through Sunday from Operation: sunrise to sunset, and may offer tours from Monday through Thursday from noon to sunset. City's Rights: City can suspend or modify operations if permitted special event or City-sponsored event is taking place on beach, for inclement weather, or if operation would jeopardize public safety. Insurance Requirements: Grantee shall maintain commercial general liability insurance in the amount of$2 million combined single limit. City to be named as additional insured on policy. Indemnity: VBHI shall indemnify the City, its officers, employees and agents from and against any and all claims, demands, costs, etc., including, without limitation, reasonable attorney's fees and costs of defense. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: yl R61141A -0 EACW F0R5E cK URIC- . SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: SS FN O SERVICE FPROVIDER(use additional sheets if S needed) Accounting and/or preparer of your ON CALL. ® ❑ tax return AC,C O V ITAN 1-5 Financial Services(include WE L L S FARG ® lending/banking institutions and FIRS' Its WCT ❑ current mortgage holders as K a licable YR(YIAHA F)NANCa*�- g)?!NG» VNI FIEIQ CIOMP4l1NCE ® ❑ Legal Services r--C-% G � Insurance❑ �RoGRESS1 V FE FCER-TnIFICATION: all of the information contained in this Disclosure Statement Form is complete, curate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. G H KSE A. Fo5Tt tl4.PPUCANrs SIGNATURE PRINT NAME Public Notice Proposed Charter Amendment Implement 10-1 Election System On Tuesday,November 12,2024,at 6:00 pm in the City Council Chamber on the second floor of the City Hall Building,2401 Courthouse Drive,Virginia Beach,Virginia, the Virginia Beach City Council will hold a public hearing to provide the citizens an opportunity to be heard to determine whether there is public support for the City Council to request the General Assembly amend its City Charter. The following is an informative summary of the proposed amendment. This proposed amendment will allow the City Charter's text to reflect the 10-1 election system that was adopted by the City 'Council in its 2023 Redistricting Ordinance. If adopted,the City Charter will provide for the division of the City into 10 single-member election districts. At the November 2026 general election, the members representing district 2,district 4, district 6,district 8,district 9,and district 10 will be elected. At the November 2028 general election, the members representing district 1,district 3,district 5, district 7,and the mayor will be elected. The mayor will continue to be elected at- large.Each member is elected for terms of four years. The hearing is open to the public and all interested citizens will have an opportunity to be heard.Individuals desiringto provide written comments may do so by contacting the City Clerk's Office at(757)385-4303 If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m,on November 12 2024. 2. Download WebEx and view the meeting at: httr)s://vbPov.webex.com/weblink/ register/r023bcfc2 bda 739c22dc0 6cd3114eaddf If you are physically disabled or visually impaired and need assistance at this meeting please call (757)385-4303. Hearing impaired,TDD-711. All interested parties are invited to participate. Amanda Barnes,MIMIC City Clerk PILOT:October 27,2024 and November 3,2024 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution to Request the General Assembly Amend the City Charter to Implement a Ten-Single Member District Election System MEETING DATE: November 12, 2024 ■ Background: The City Council is authorized to request the General Assembly amend the City Charter. Prior to making such request the City Council is required to either undertake a referendum election or hold a public hearing. For the following request, the City has elected to hold a public hearing. This proposed amendment will allow the City Charter's text to reflect the 10-1 election system that was adopted by the City Council in its 2023 Redistricting Ordinance. If adopted, the City Charter will provide for the division of the City into 10 single-member election districts. The mayor will continue to be elected at-large. At the November 2026 general election, the members representing district 2, district 4, district 6, district 8, district 9, and district 10 will be elected. At the November 2028 general election, the members representing district 1, district 3, district 5, district 7, and the mayor will be elected. Each member is elected for terms of four years. The amendment also removes text in the City Charter referring to a referendum to be held in 1996. ■ Considerations: The City Council adopted a policy on September 19, 2023, that imposes a vote requirement of three-fourths of the members of the City Council for adoption of a request for the General Assembly to amend the City Charter. ■ Public Information: A public hearing was held on October 15, 2024, but its notice was defective, so a second public hearing will be held November 12, 2024. ■ Attachments: Resolution, Exhibit A to Election System Resolution The resolution to amend the City Charter is presented to the City Council pursuant to the policy adopted September 19, 2023. 1 A RESOLUTION TO REQUEST THE GENERAL ASSEMBLY 2 AMEND THE CITY CHARTER TO IMPLEMENT A TEN 3 SINGLE-MEMBER DISTRICT ELECTION SYSTEM 4 5 WHEREAS, in December 2021, the City Council was ordered by the Federal 6 District Court to conduct its councilmanic elections using a system that provided for ten 7 single-member districts; 8 9 WHEREAS, the order of the Federal District Court was overturned by the Federal 10 Appellate Court after the candidate petitions were completed, so the City conducted the 11 November 2022 using the ten single-member districts; 12 13 WHEREAS, the City Council authorized a public input initiative to receive feedback 14 from the residents regarding their preference for the manner of conducting future 15 elections; 16 17 WHEREAS, the Weldon Cooper Center for Public Service at the University of 18 Virginia conducted a statistically validated public opinion survey within the City, which 19 showed 81% support for a 10:1 system; 20 21 WHEREAS, the City Council adopted it decennial redistricting ordinance on August 22 15, 2023, and this ordinance uses the same 10:1 system and district boundaries that were 23 previously ordered by the District Court; and 24 25 WHEREAS, it is desirable to align the text of the City Charter to reflect the 10:1 26 system of elections that was adopted in the decennial redistricting ordinance. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA, THAT: 30 31 The City Council hereby requests the General Assembly amend §§ 3.01, 3.01:1; 32 3.02:1, 3.02:2, and 3.02:3 of the City Charter to implement the ten single-member district 33 of elections. The attached Exhibit A, which is incorporated herein, provides the requested 34 text of such amendment. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO LEGAL SUFFICIENCY: -ZW Attorney's Office CA16677/R-1/October 30, 2024 EXHIBIT A PROPOSED CHARTER UPDATE Sec. 3.01. Division of city into districts. A. The city shall be divided into ten single-member election seven Fesid^^^^districts of approximately equal population which shall be numbered one through ten seven.The council shall consist of eleven members, the mayor elected at large and including ing the PAaYBF, one member to be elected by and from each of the ten single-member election districts. membeFs and the FnayeF to be elected by and 4E)PA the Gity at laFge. B. The boundaries des of such districts shall be established by ordinance OR er bef^F^MaFGh , 1996 ander the boundaries shall be adjusted periodically as may be necessary to ensure that the populations of the districts remain approximately equal. elected by the qualified veteFs ef that diStFiCt FatheF thaR at laFge.The WGFding ef the question shall be deteFmiRed by majority Yete ef the eity council and shall be included In the petitieR. Upgn the filing ef#w petit n,the GiFGWit GeUFt Shal'GFder that an adviseFy Feferendum be held cm the questieR In the city at t4e pal electieRs to be held OR May 1996. Sec. 3.01:1. Implementation of districts. A. At the November 2026 May 1996-general election,the twee members representing district 2 district 4 district 6,district 8,district 9 and district 10 shall be elected. by the city at la f the id f t - a .The terms of the members so elected shall commence January 1 2027 and expire on December 31, 2030. ' p ly , 2000 i B. At the November 2028 general election,;n May ef the members representing district 1 district 3 district 5,district 7,and the mayor shall be elected. The terms of the members so elected shall commence January 1, 2029 and expire on December 31 2032 of 1998 shall expiFe on i lr 1 2002 Th f+ C. All members shall be elected for terms of four years. Sec. 3.02:1. Election of councilmembers. , City council regular elections shall take place at November general electionshall GE)RtiRue until his sucee;ser has hppn duly elected and qualified.s. geReFal eleetieR !R eveR years theFeafteF,fer couRcil members whese terms expiFe at the eRd of DecembeF ef that VeaF.GouRG'l members, including the mayer,whose terms expiFe as Of jWRe 30, 2008, oF juRe 30, 2010, shall Each candidate shall state, at the time of filing,whether he is running at large,from the district of his residence or for mayor. Candidates for council shall be nominated only by petition in the manner prescribed by general law. Sec. 3.02:2. Election of mayor. The mayor shall be elected at the general election in November 2008,and each fourth year thereafter,to serve for a term of four years. Candidates for mayor shall run€eF ene of the at-large seats.A candidate running for mayor shall not run for any other seat. In the event any councilman member, including the mayor,shall decide during his term of office to be a candidate for mayor, he shall tender his resignation as a councileaR member not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31, shall constitute the councilman's member,S intention to run for mayor,shall require no formal acceptance by the remaining councilmen members and shall be final and irrevocable when tendered. In the event the mayor shall decide during his term of office to be a candidate for one of the single member election districts, he shall tender his resignation as mayor not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31 shall constitute the mayor's intention to run for one of the single-member election districts shall require no formal acceptance by the remaining council members and shall be final and irrevocable when tendered The unexpired portion of the term of any council member who has resigned to run for mayor or mayor who has resigned to run for one of the single-member election districts shall be filled at the same general election. Sec. 3.02:3. Reserved. Fnember net less thaR 10 days PFOOF tG the Flate fR-.r the filing ef petitions as requ*Fed by geReFal law Such at laFge seat,shall FequiFe Re fermal aEeeptanee by the FemainiRg couReffil membeFs, and shall he fin-al aPA FUR fOF an at large seat shall be filled at the same geneFal eleetiOR, er by special electien the at large seat te be filled by special eleetion. (b) in the event that aRY GOURGil membeF fFem eRe of the at !aFge seats shall deeide duFing his teFFn ef effic;e te member net less than 10 days pFieF to the date for the filing ef petitieRs as requiFed by geReFal law* Surh -9 FUR fer the final and 'FFevGc-ah_IP w (a) in the event that any council FAeFnb--F fFR-.R; A-.RP- A-f the Fesidence distFiets shall decode dUFORE his teFm a te FUR feF a FesideRce dostFoet seat shall be filled _;#the Same geReFal electieR, eF by spec4al eleetion the Fes'deRee ElistFiet seat is to be felled by special eleetden-. P .."t , 4 PUBLIC HEARING Amendments to the Virginia Beach City Public Schools FY 2024-25 Operating Budget and Capital Improvement Program On Tuesday,November 12,2024,at 6:00 p.m. at City Hall, Second Floor, 2401 Courthouse Dr.,Virginia Beach,VA 23456, the Virginia Beach City Council will hold a Public Hearing on proposed amendments to the FY 2024-25 Operating and Capital Improvement Program budgets of the Virginia Beach City Public Schools. The Code of Virginia requires a public hearing when a budget amendment exceeds one percent of the total expenditures shown in the currently adopted budget. These amendments are necessary to appropriate a total of $30,531,524 FY 2023-24 School Operating reversion funding in the amounts and for the purposes set forth below: 1) A total of $10,031,524 to be re- appropriated to the FY 2024-25 Capital Improvement Program in the form of pay-as-you-go funding: a) $5,327,022 to be transferred in the form of pay-as-you-go funding with a corresponding reduction in authorized but unissued Public Facility Revenue Bonds b) $1,500,000 in the form of pay-as- you-go funding for project 1-020 "Renovations and Replacements -Various Phase III" c) $3,204,502 to be transferred in the form of pay-as-you-go funding for project 1-030"Payroll System Replacement." 2) $10,500,000 to be re-appropriated to the School Reserve Special Revenue fund to be set aside for FY2025-26 Capital Improvement Program projects. 3) $10,000,000 to be re-appropriated to the Health Insurance Fund. A copy of the ordinance is on file in the City Clerk's Office. If you wish to make comments virtually duringthe public hearing,please follow the two-step process provided below: •Register for the WebEx at https://vbgov.webex.com/weblink/regis ter/r023bcfc2bda739c22dcO6cd3ll4e addf •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnesRybgov.com prior to 5:00 p.m. on November 12,2024. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired,TOO-711. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Pilot:Tuesday,October 29,2024,and Tuesday,November 5,2024 r4 ,Fs� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $30,531,524 in School Reversion and Revenue Sharing Funds to the FY2024-25 Operating and Capital Improvement Program Budget PUBLIC HEARING: November 12, 2024 MEETING DATE: November 19, 2024 ■ Background: The current City and Virginia Beach City Public School's (VBCPS) revenue sharing policy has been in place since 2019. Section 6 of that policy outlines the process of presenting reversion requests by the VBCPS to the City Council. In accordance with the policy, the Virginia Beach City School Board adopted a Budget Resolution regarding FY 2023-24 Reversion and Revenue Sharing Formula Reconciliation on October 22, 2024. The total amount that the School Board is requesting to be re-appropriated by City Council is $30,531,524. The Virginia Beach City Public Schools request the $30.5 million in reversion funds be appropriated in the following manner: 1. $10,031,524 to be re-appropriated to the FY 2024-25 Capital Improvement Program: a. $5,327,022 to be transferred in the form of pay-as-you-go funding with a corresponding reduction in authorized but unissued Public Facility Revenue Bonds b. $1,500,000 in the form of pay-as-you-go funding for project 1-020 "Renovations and Replacements —Various Phase III" c. $3,204,502 to be transferred in the form of pay-as-you-go funding for project 1- 030 "Payroll System Replacement." 2. $10,500,000 to be re-appropriated to the School Reserve Special Revenue fund to be set aside for FY2025-26 Capital Improvement Program projects. 3. $10,000,000 to be re-appropriated to the Health Insurance Fund. ■ Considerations: While the City Council is not obligated to appropriate reversion funds in the manner requested by the School Board, the City Council has traditionally honored such requests. As one-time funding, the typical use of such funds is capital expenditures, other non-recurring items, and the Schools Reserve Fund. ■ Public Information: Public information will be provided through the normal City Council agenda process. The amount of the proposed appropriation exceeds 1% of the Operating Budget, so a public hearing will be held on November 12, 2024. ■ Attachments: Ordinance; Adopted School Board Resolution Recommended by the Virginia Beach City School Board 1 AN ORDINANCE TO APPROPRIATE $30,531,524 IN 2 SCHOOL REVERSION AND REVENUE SHARING FUNDS 3 TO THE FY2024-25 OPERATING AND CAPITAL 4 IMPROVEMENT PROGRAM BUDGET 5 6 WHEREAS, The School Board of the City of Virginia Beach adopted a Budget 7 Resolution Regarding FY 2023-24 Reversion and Revenue Sharing Formula 8 Reconciliation on October 22, 2024; 9 10 WHEREAS, the funding request exceeds 1% of the City's FY 2024-25 operating 11 budget, so a public hearing on the proposed appropriation was held on November 12, 12 2024; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA, THAT: 16 17 $30,531,524 in reversion and revenue sharing funds are hereby appropriated for 18 the following purposes: 19 20 a. $10,031,524 to be re-appropriated to the FY 2024-25 Capital Improvement 21 Program: 22 • $5,327,022 to be transferred in the form of pay-as-you-go funding with a 23 corresponding reduction in authorized but unissued Public Facility Revenue 24 Bonds 25 • $1 ,500,000 in the form of pay-as-you-go funding for project 1-020 26 "Renovations and Replacements —Various Phase III" 27 • $3,204,502 to be transferred in the form of pay-as-you-go funding for project 28 1-030 "Payroll System Replacement;" 29 30 b. $10,500,000 to be re-appropriated to the School Reserve Special Revenue 31 fund to be set aside for FY2025-26 Capital Improvement Program projects; and 32 33 c. $10,000,000 to be re-appropriated to the Health Insurance Fund. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12024. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -r./a��o Budget and Management Services i y or y's ice CA16675 R-1 October 30, 2024 VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Kimberly A. Melnyk, Chair Jennifer S. Franklin, Vice Chair District 2 _ _ District 2—Kempsville Beverly M. Anderson Kathleen J. Brown Michael R. Callan At-Large _ District 10 District 6 David Culpepper Shannon L. Kendrick Victoria C. Manning District 8 District 4 At-Large Interim Jessica L. Owens Trenace B. Riggs Carolyn D. Weems District 3— Rose Hall District 1 - Centerville District 9 Donald E. Robertson, Ph.D., Superintendent Budget Resolution Regarding FY 2023/24 Reversion and Revenue Sharing Formula Reconciliation WHEREAS,on September 24,2024,the School Board was presented with a summary of the unaudited financial statements for FY 2023/24(year-ending June 30,2024), showing the reversion amount to the city's General fund;and I WHEREAS,$16,423,540 is the amount of School Operating reversion funds available(excluding debt service and revenues over/under budget);and WHEREAS,$5,327,022 is the amount remaining in debt service due to the timing of bond sales, increasing the School Operating reversion amount to $21,750,562;and I WHEREAS,$9,720,758 came in as additional revenue over the appropriated budget, increasing the School Operating reversion amount to$31,471,320;and WHEREAS,$176,939 reverted from the Athletics fund and$45,364 reverted from the Green Run Collegiate Charter School fund;and i WHEREAS,the total amount available for re-appropriation is$31,693,623;and WHEREAS,the city is currently indicating FY 2023/24 revenue under budget of$1,162,099 based on the Revenue Sharing Formula;and WHEREAS,the net funding available for re-appropriation is$30,531,524;and WHEREAS,the Administration recommends the following for the available funds in the amount of $30,531,524: • $10,031,524 to be re-appropriated to the FY 2024/25 Capital Improvement Program - $5,327,022 to be transferred in the form of pay-as-you-go funding with a corresponding reduction in authorized but unissued Public Facility Revenue Bonds - $1,500,000 to be transferred in the form of pay-as-you-go funding for project 1-020 Renovations and Replacements—Various Phase III Put Students First •Seek Growth •Be Open to Change •Do Great Work Together •value Differences 2512 George Mason Drive I P.o,Box 6o38 i Virginia Beach,Virginia 23456-0038www.vbschools u E VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE Page 2 Budget Resolution Regarding FY 2023/24 Reversion and Revenue Sharing Formula Reconciliation (continued) I - $3,204,502 to be to be transferred in the form of pay-as-you-go funding for project 1-030 Payroll System Replacement • $10,500,000 to be re-appropriated to the School Reserve Special Revenue fund to be set aside for FYI. 2025/26 Capital Improvement Program projects • $10,000,000 to be re-appropriated to the Health Insurance fund NOW,THEREFORE,BE YIP RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of reversion funds as presented by the Administration; and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the re- appropriation of reversion funds shown above; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor,each member of the City Council,the City Manager,and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 22nd day of October 2024. ;:SEAL TT a: � �,�la • n i s • Kimberly A. Melnyk,School Board Chair oil •1`-ti�A Attest: Regina M.Toneatto,Clerk of the Board Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences 2512 George Mason Drive I PO Box 6038 1 Virginia Beach Virginia 23456-0038 www.vbscliools.corn v�w 5i PUBLIC HEARING DECLARATION AND SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of City-owned property,at its formal session on Tuesday,November 12,2024,at 6.00 p.m.in the Council Chamber of the City Hall Building(Building #1)at the Virginia Beach Municipal Center, 2401 Courthouse Drive, Virginia Beach, Virginia. The purpose of this hearing will be to obtain public input to determine whether vacant property (GPIN: 2417-25-0556) adjacent to 245 Realty Lane,should be declared in "Excess of the City's needs"and be sold. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385.4303;Hearing Impaired,call 1-800-828.1120(Virginia Relay- Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate,Building#23, 2473 N. Landing Road, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is(757)385-4161. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: •Register for the WebEx at: httos://vbgov,webex.com/webl i n k/re9ister/r023bcfc2 bd a 739c 22dcO6cd3114eaddf •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes@vbgov.com prior to 5:00 p.m. on November 12, 2024. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT:November 3,2024 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring vacant property (GPIN: 2417-25-0556) adjacent to 245 Realty Lane to be in excess of the City's needs and authorizing the City Manager to sell the property to an adjoining property owner PUBLIC HEARING DATE: November 12, 2024 MEETING DATE: November 19, 2024 ■ Background: As part of the BRAC Response Program's APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach acquired 6,252 sq. ft. of land on Realty Lane (GPIN: 2417-25-0556) on March 30, 2009 for $85,000 (the "Property"). At the time of acquisition, the Property was vacant but was zoned for residential development. Ryan O. Davis owns and resides at 245 Realty Lane, adjacent to the Property. Mr. Davis proposes to purchase the Property for $6,252 ($1/sq. ft.). The City will be responsible for resubdividing the Property to incorporate it into Mr. Davis' lot and eliminate interior lot lines. ■ Considerations: The Property will be sold with a deed restriction that prevents any new dwelling units from being constructed. The APZ-1 Disposition Committee reviewed the Property and determined that it should be sold to the adjoining property owner. This sale would enhance the neighborhood and relieve the City from maintenance responsibility. Mr. Davis' offer of$1/square foot is in conformance with previous sales of excess City property in the APZ-1 area that were not building sites. If the City retains the Property, the City must pay to maintain the lot at an estimated annual cost of$630 ($630/lot). The purpose of the APZ-1 Ordinance, which prohibits the construction of new residential units in the APZ-1 and Clear Zones, is to reduce incompatible development around Naval Air Station Oceana, the home of the East Coast Master Jet Base. Through the APZ-1 Use and Acquisition Plan, the City purchased qualifying properties, such as the Property, from willing sellers in APZ- 1 to meet the goals of the BRAC Response Program. Rather than have the City continue to own vacant lots, lots may be offered to adjacent property owners to incorporate into their properties, resulting in larger yards, more green space, and a permanent reduction of density in these neighborhoods. To date, the City has sold 23 lots to adjacent owners in APZ-1. The lots were previously used for single-family homes or duplexes or were vacant. The City has achieved the permanent rollback of 32 incompatible dwelling units and 49 potential dwelling units through this particular disposition process. Where possible, the City will combine lots as a method to reduce residential density in APZ-1 neighborhoods while maintaining the integrity of these neighborhoods. At times, this may include redevelopment if an existing legally non-conforming use is viable and suitable. Certain lots, such as the Property, were vacant at the time of acquisition and thus not eligible for any re- development. ■ Public Information: A public hearing as required by Section 15.2-1800 Code of Virginia will be held on November 12, 2024, and public notice of the hearing will be advertised in The Virginian-Pilot and provided via the normal City Council agenda process. ■ Alternatives: Deny the request or add conditions as desired by Council. ■ Recommendations: Approval. ■ Revenue restrictions: The City funded the acquisition of the Property through a grant partnership with the Commonwealth of Virginia. The proceeds from the sale of the Property in the amount of $6,252 will be received, and fifty percent (50%) of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in Capital Improvement Project 100282, Oceana & ITA Conformity & Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth of Virginia's portion in accordance with the grant agreement. ■ Attachments: Ordinance, Exhibit A, Summary of Terms, Location Map and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager:10 /0 1 AN ORDINANCE DECLARING VACANT 2 PROPERTY (GPIN: 2417-25-0556) 3 ADJACENT TO 245 REALTY LANE TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 6 SELL THE PROPERTY TO AN ADJOINING 7 PROPERTY OWNER 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 10 certain vacant parcel of land located on Realty Lane (GPIN: 2417-25-0556) (the 11 "Property") more particularly described on Exhibit "A" attached hereto and made a part 12 hereof; 13 14 WHEREAS, the City acquired the Property pursuant to the APZ-1 Use and 15 Acquisition Plan on March 30, 2009 for $85,000; 16 17 WHEREAS, the City funded the acquisition of the Property through a 18 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 19 contributing fifty percent (50%) of the funds; 20 21 WHEREAS, the Property is in the midst of other residences; 22 23 WHEREAS, an adjoining property owner, Ryan O. Davis ("Davis"), has 24 requested to purchase the Property in order to utilize it in a manner compatible with the 25 APZ-1Ordinance; 26 27 WHEREAS, Davis desires to purchase the Property in accordance with the 28 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 29 30 WHEREAS, the APZ-1 Disposition Committee has recommended that City 31 Council declare the Property to be in excess of the City's needs and sell the Property to 32 the adjoining property owner; and 33 34 WHEREAS, the City Council is of the opinion that the Property is in 35 excess of the needs of the City of Virginia Beach. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA: 39 40 That the Property is hereby declared to be in excess of the needs of the 41 City of Virginia Beach and that the City Manager is hereby authorized to execute any 42 documents necessary to convey the Property to Davis in accordance with the 43 Summary of Terms attached hereto as Exhibit "B" and such other terms, conditions or 44 modifications as may be acceptable to the City Manager and in a form deemed 45 satisfactory by the City Attorney. 46 47 Further, that revenue from the sale of the Property in the amount of 48 $6,252 shall be received and fifty (50) percent of this amount shall be deposited for 49 appropriation in future Capital Improvement Program capital budgets in Capital 5o Improvement Project 100282 (formerly CIP 9-059 and 9-060), Oceana & ITA Conformity 51 & Acquisition II Project, and fifty (50) percent shall be deposited for future payment by 52 the City Manager to refund the Commonwealth's portion in accordance with the grant 53 agreement. 54 55 This Ordinance shall be effective from the date of its adoption. 56 57 Adopted by the Council of the City of Virginia Beach, Virginia, on the 58 day of , 2024. CA16430 R-1 9/17/2024 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d003\p046\00956755.doc APPROVED Ap TO CONTENT APPROVED AS TO CONTENT r �ublib WorkJ Real Estate Budget & anagement Services APPROVED AS TO LEGAL SUFFICIENCY City orne�s OfF EXHIBIT "A" LEGAL DESCRIPTION GPIN: 2417-25-0556 —vacant lot adjacent to 245 Realty Lane ALL THAT certain lot, tract or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being more particularly designated and described as Lots 19 and 20 on that certain plat entitled, "PLAN OF LOTS LAID OUT BY LYNNHAVEN DISTRICT REALTY CORP., SITUATED IN PRINCESS ANNE CO., VIRGINIA," which plat is dated September 1925 and was made by J.H. Milholland, County Surveyor, and is recorded in Map Book 9, at page 24, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, reference to said plat is hereby made for a more particular description and location of the aforesaid property. RESERVING UNTO THE CITY a 10' public right-of-way to be established by resubdivision plat along the portion of the subject property fronting Realty Lane. SUBJECT TO all easements of record or conditions that may be apparent from a survey. RESERVING UNTO THE CITY, all underlying fee in and to the streets, alleys, and other rights-of-way abutting said City Property, and all easements of any description and rights of ingress and egress benefiting the City and/or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from Raymond L. Alexander and Dorothy Reams Alexander, husband and wife, dated March 30, 2009, and recorded in the aforesaid Clerk's Office as Instrument No. 2009033000330720. EXHIBIT "B" SUMMARY OF TERMS SELLER: City of Virginia Beach BUYER: Ryan O. Davis PROPERTY: Realty Lane (GPIN: 2417-25-0556) consisting of a total of approximately 6,252 square feet (0.14 acres), more particularly described on Exhibit A SALE PRICE: $6,252.00 CONDITIONS OF SALE: • Property is to be purchased "As is, Where is," and will be conveyed by Special Warranty Deed. • Buyer has been advised of APZ-1 Ordinance's restrictions for use. • Buyer may use the Property for accessory structures, or Buyer may otherwise utilize the Property for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyer may not add any new dwelling units. • In the event of development or redevelopment by Buyer, Buyer will be required to address stormwater quantity and quality on site. • Seller shall resubdivide the Property to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Buyer shall adhere to all zoning ordinances and City Code requirements. • Buyer shall be responsible for their own closing costs, recording fees, and attorney's fees. • Approval of the sale shall be revoked if closing has not occurred on or before December 31, 2026, unless extended by the City Manager prior to such date. e N } W E NPMA KAV �e t e 4,� i - � y ism f sx. P r e u P •Y .. ,,., z JQ � r Z w ` LOCATION MAP EXCESS CITY PROPERTY Legend - BRAC DISPOSITION -Q 2417-25-0652 PROPERTY OWNER: CITY OF VIRGINIA BEACH-' `� � �w,'�►_' r �2417-25-0556 GPIN: 2417-25-0556 Feet City Property 0 25 50 100 Prepared by JCS/Enq./Enq.Support Services Bureau 10/03/2024 XACADD\Projects\ARC Files\AGENDA MAPS\City Property\2417-25-0556\2417-25-0556 Aerial.mxc DisclosureCITY OF VIRGINIA Statement BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Ryan O. Davis Is Applicant also the Owner of the subject property? YesQ Not If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? YesC) No(D If yes, name Representative: Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? YesQNoO If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 1 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes U No • If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes® NoQ If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage, deeds of trust, © O cross-col late raIization, etc.) Real Estate Broker/Agent/Realtor O 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION • • - • SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 Architect/Designer/Landscape 0 Q Architect/Land Planner Construction Contractor © G Engineer/Surveyor/Agent Legal Services 0 1 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Ryan O. Davis Ryan O. Davis oae"024o 0s1s30 04'00' 09/09/2024 Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities, there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 SECTION • • OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Is the Owner a corporation, partnership,firm, business,trust, or unincorporated business? YesONoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? YesQ No© If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes © No© If yes, name the official or employee, and describe the nature of their interest. F_ PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage, deeds of trust, © O cross-col late raIization, etc.) Real Estate Broker/Agent/Realtor O O Accounting/Tax Return Preparation O 0 Architect/Designer/Landscape © O Architect/Land Planner Construction Contractor © O Engineer/Surveyor/Agent © O Legal Services PROPERTY OWNER CERTIFICATION READ: 1 certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 IL s: AACQUISMON.BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, November 12,2024 at&00 p.m. in the City Hall Building(Building M1)at the Municipal Center,Virginia Beach, Virginia,on the proposed acquisition, by agreement or condemnation, of temporary and permanent easements necessary for Lyn nhaven River Basin Ecosystem Restoration Project Phase 2: Wetland Construction, CIP 100263 (the "Project"). The purpose of this hearing will be to obtain public input regarding authorizing condemnation, if necessary,for the Project. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303;Hearing impaired,call 1-800- 828-1120(Virginia Relay-Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office of Real Estate,Building N23, 2473 North Landing Road, at the Virginia Beach Municipal Center, (757)385-4161. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: •Register for the WebEx at https:/Ivbgov.webex.com/weblink /ree•+er/r023bcfc2bda739c2 d 06cd3114eaddf •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes@vboov.com prior to 5:00 p.m. on November 12, 2024. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT:November 3,2024 e+U oE47 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acquisition of temporary and permanent easements for the Lynnhaven River Basin Ecosystem Restoration Project Phase 2: Wetland Construction, CIP 100263, either by agreement or condemnation PUBLIC HEARING DATE: November 12, 20024 MEETING DATE: November 19, 2024 ■ Background: The purpose of the Lynnhaven River Basin Ecosystem Restoration Project (the "LRBER Project") is to help meet the restoration goals of the 2014 Chesapeake Bay Watershed Agreement, signed by the Chesapeake Executive Council, made up of the governors of Virginia and the 5 other watershed states, the Mayor of the District of Columbia and others. These restoration goals include the improvement of water quality, sustainable fisheries, healthy watersheds, and climate resiliency. All phases of the LRBER Project will restore approximately 38 acres of wetlands, 94 acres of submerged aquatic vegetation, and 31 acres of reef habitat within the Lynnhaven River and its tributaries. The LRBER Project is a United States Army Corps of Engineers ("USACE") project, with the City of Virginia Beach serving as the non-federal sponsor. The City is a cost-participant (35%) and is responsible for acquisition of all real estate interests needed to complete the LRBER Project, pursuant to a Project Partnership Agreement entered into with USACE in 2018. The current request supports acquisition of the temporary and permanent easements needed for the second phase of the LRBER Project's wetlands restoration, a subproject known as the "Phase 2 Wetlands Project" (CIP 100263), which will restore 21.8 acres of tidal wetlands in Mill Dam Creek (also known as Wilkins Creek) located between 1-264 and Virginia Beach Boulevard, just west of Birdneck Road. Phase 1 of the LRBER Project's wetlands restoration was completed in Thalia Creek adjacent to Princess Anne High School in Virginia Beach in 2022. The Phase 2 Wetlands Project will focus primarily on the restoration of tidal wetlands through the removal of invasive plant species (particularly Phragmites), which will bring back quality wetlands that will help to clean and store stormwater runoff before entering the waterway. Invasive plants prevent the proper functioning of the marsh. When properly functioning, these wetlands filter pollutants, stabilize the banks, absorb stormwater and become an important buffer between the water and shore. Improved water quality and improved resiliency in the watershed are just some of the benefits of wetlands restoration. The Phase 2 Wetlands Project will improve the environmental health of the Lynnhaven River and the overall water quality for all users of the waterway. ■ Considerations: The Phase 2 Wetlands Project will require temporary and permanent easements from 9 privately owned parcels. No residences or businesses will be displaced by the project. Authority is requested to acquire the necessary easements by agreement or condemnation. ■ Public Information: A landowner meeting was held on April 12, 2023, and a public information meeting was held on July 12, 2023. An advertised public hearing will be held on November 12, 2024, and public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Ordinance, which will delay the Phase 2 Wetlands Project. ■ Recommendations: Approval. ■ Attachments: Ordinance, Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF TEMPORARY AND 3 PERMANENT EASEMENTS FOR THE 4 LYNNHAVEN RIVER BASIN ECOSYSTEM 5 RESTORATION PROJECT PHASE 2: 6 WETLAND CONSTRUCTION, CIP 100263, 7 EITHER BY AGREEMENT OR s CONDEMNATION 9 10 WHEREAS, the Lynnhaven River Basin Ecosystem Restoration Project is a multi- 11 phase project that will restore approximately 38 acres of tidal wetlands, 94 acres of 12 submerged aquatic vegetation, and 31 acres of reef habitat within the Lynnhaven River(the 13 "LRBER Project"); 14 i5 WHEREAS, the LRBER Project's second phase of wetlands restoration (the"Phase 16 2 Wetlands Project") will restore approximately 21.8 acres of wetlands in Mill Dam Creek 17 (also known as Wilkins Creek) located between 1-264 and Virginia Beach Boulevard, just 18 west of Birdneck Road; 19 20 WHEREAS, the Phase 2 Wetlands Project will focus primarily on the removal of 21 invasive plant species, particularly Phragmites(also known as PhragmitesAustralis),which 22 prevent the proper functioning of the marsh by reducing wetland storage capacity, 23 weakening banks, inhibiting the flow of water and eliminating tidal flushing; 24 25 WHEREAS, properly functioning wetlands are natural protective features that filter 26 pollutants from stormwater runoff, stabilize the banks to prevent erosion, absorb and hold 27 up to 1 .5 million gallons of water per acre during storm events, act as a carbon sponge to 28 reduce CO2, and become an important buffer between the water and shore; 29 30 WHEREAS, improved water quality and improved resiliency in the watershed are 31 just some of the benefits of wetlands restoration, and the Phase 2 Wetlands Project will 32 enhance the environmental health of the Lynnhaven River, provide improvements in the 33 City's drainage and flood protection systems, as well as improve the overall water quality 34 for all beneficial users of the area's water supply, including recreation, tourism, aquaculture, 35 industrial, commercial and recreation fishing, among all the many uses that are enhanced 36 by cleaner water in the Lynnhaven River; 37 38 WHEREAS, the United States Army Corps of Engineers is constructing all phases of 39 the LRBER Project, with the City of Virginia Beach cost-participating (35%) and serving as 40 the non-federal sponsor, pursuant to their Project Partnership Agreement entered into 41 September 21, 2018 (the "Partnership Agreement"); 42 43 WHEREAS, the Partnership Agreement requires the City to acquire all property and 44 easements necessary for the LRBER Project, including the Phase 2 Wetlands Project; 45 46 WHEREAS,the construction of the LRBER Project is authorized by(1)Section 7002 47 of the Water Resources Reform and Development Act of 2014(Public Law 113-121),which 48 followed the study entitled: "Final Feasibility Report and Integrated Environmental 49 Assessment Main Report Lynnhaven River Basin Ecosystem Restoration Virginia Beach 50 Virginia,"dated July 2013 and modified February 2014,which was authorized by Congress; 51 and (2) Executive Order 13508 of May 12, 2009, entitled Chesapeake Bay Protection and 52 Restoration, both of which are incorporated herein by this reference; and 53 54 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 55 public necessity exists for the construction of this important Phase 2 Wetlands Project to 56 restore wetlands for improved water quality, environmental benefits, climate resiliency, 57 shore protection, drainage system benefits, and flood mitigation to improve public health 58 and safety within the City and for other related public purposes for the preservation of the 59 safety, health, peace, good order, comfort, convenience, and for the welfare of the people 60 in the City of Virginia Beach. 61 62 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 63 VIRGINIA BEACH, VIRGINIA: 64 65 Section 1. That the City Council authorizes the acquisition by purchase or 66 condemnation pursuant to Sections 15.2-1901, et seq., 15.2-2109, and Title 25.1 of the 67 Code of Virginia of 1950, as amended, of all those certain temporary and permanent 68 easements (the "Property"), as shown on the Phase 2 Wetlands Project plans entitled 69 "VIRGINIA BEACH, VA LYNNHAVEN RIVER BASIN ECOSYSTEM RESTORATION 70 PROJECT PHASE 2: WETLAND CONSTRUCTION," and more specifically described on 71 the acquisition plats for the Project (plats and plans collectively referred to as the"Plans"), 72 the Plans being on file in the Stormwater Engineering Division, Department of Public 73 Works, City of Virginia Beach, Virginia. 74 75 Section 2. That the City Manager is hereby authorized to make or cause to be made 76 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 77 offer to the owners or persons having an interest in said Property. If refused, if the property 78 owners are unable to convey clear title, or if the owners cannot be identified or located, the 79 City Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings 80 to condemn to acquire title to the Property. 81 82 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 83 , 2024. CA16579 PREPARED: 10/4/24 R-1 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d001\p046\00996305.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM B IC WO - R AL ESTATE CITY ATTORNEY M w N e RIVERFRONT CT "�' 3 0 , s r � wI OLO VIRG►NI �264 v Q zi A BEACH RD 0.64 OCEAN TRACE ARCH O 3 VIR IA BEACH BLVD U a CD Q W SITE L OCEAN TRACE LN N O= O z Cl. o J 1,oE 04 a �� w o LL) U) y�o w J W LL' z 0 m c� A owe MFRi m C v w \\ �n Z cOn � ARLYNN LN W w > W 19TH ST a---__ z O 3 rn z CARVER AVE Cn 03 OO-q 1 ZE O BLOOM P.KWY r I I 1� 11 LOCATION MAP � W FOR LYNNHAVEN RIVER BASIN Lygend ECOSYSTEM RESTORATION PROJECT Project Area (n~+ PHASE: 2 WETLAND CONSTRUCTION CIP 100263 0 400 800 Feet City Properties EYNAR CDR#' }. _ a :3 -� ;,,.;tl� N r.r R D 6C _ a 7. `'" R•IVERFRONT ;OoHAWKS ^ � a { 6 t►r'' .Ja' ry +h�t _- ' t.v Lu IA C RID �. M. 1974 TRACE'ARCH p 1 s p OCD y Lu It.. �� M :., -.. F °, �� ACE LIV ,, . 14' ,ram _ , E - rR r e J r- h 4. ;. gyp' Y v l I L r , CY y' t" W •N ^CO � ty � yM ,• � •�. �� L i�w. �v r� 1 r ,�"Z LNNN N w - "��+ '!! ti ^ V `•` W _ 19TH S T Jr, ` ui � -M r -ram, �� C `oe' y Q e A ZM°.4 . C e .,.' V R AVE �' :,4• � �- •, t �� � _ +�'4,�s � ,,r • _ � �j� d �. � � 1. �.•lY1 K��".l� �' BLOOM PKWY rn c LOCATION MAP a _U rY ■i..F FOR Z dY14s a1-' to, LYNNHAVEN RIVER BASIN Legend ECOSYSTEM RESTORATION PROJECT y Project Area _<" r PHASE: 2 WETLAND CONSTRUCTION CIP 100263 age.,=- --, °� 0 400 800 Feet City Properties Prcnoro.l h,r I I/P W IP—IP— CZ--Q.—i—P—,—M117MW ...-._ PUBLIC HEARING EXCHANGE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and exchange of City-owned property, Tuesday,November 12,2024 at 6:00 p.m.,in the Council Chamber of the City Hall Building(Building 1)at the Virginia Beach Municipal Center, Virginia Beach,Virginia. Approximately 16t acres of City Property located on Indian River Road (portion of GPIN:1483-95-6756) The purpose of this hearing will be to obtain public input to determine whether the property should be declared in excess of the City's needs and conveyed to The Catholic Diocese of Richmond,Virginia. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at (757) 385-4303; hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works-Real Estate, 2473 N. Landing Rd.,Bldg.23,Virginia Beach, Virginia 23456- (757) 385 4161 or owrealestate@vb ov.com. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: •Register for the WebEx at: https:/Ivbgov.webex.com/weblinK/re flister/r023bcfc2 bda 739c22cic06cd 3114eaddf •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes@vbpov.com prior to 5:00 p.m.on November 12,2024. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT:November 3,2024 i 44 ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring a 16± acre portion of City-owned Property located along the north side of Indian River Road (GPIN: 1483-95-6756) to be in Excess of the City's needs and 2) authorizing the City Manager to execute all disposition and Exchange Documents with the Catholic Diocese of Richmond, Virginia for 9.7± acres of property on Salem Road (GPINs: 1484-33-4905 and 1484-34- 3016) PUBLIC HEARING DATE: November 12, 2024 MEETING DATE: November 19, 2024 ■ Background: The Catholic Diocese of Richmond, Virginia (the "Diocese") owns two parcels of vacant land on Salem Road (GPINs: 1484-33-4905 and 1484-34-3016) consisting of approximately 9.7± acres (collectively the "Diocese Property"). The City owns a parcel of land containing approximately 186± acres of vacant land situated between North Landing Road and Indian River Road (GPIN: 1483-95-6756) (the "City Property"). The City Property was purchased for $3,728,132 on November 19, 2014 as part of the City's Oceana and Interfacility Traffic Area Conformity & Acquisition Project. The City Property is currently leased for farming. The Diocese has proposed exchanging the Diocese Property for a 16± acre portion of the City Property (the "Exchange Property"). The Diocese plans to develop the Exchange Property with a cemetery and accessory structures and features to support the cemetery, including a columbarium, mausoleum, and a stormwater management facility. An appraisal was performed to determine the relative values of the parcels proposed for exchange. The Diocese Property was collectively valued at $375,000 ($250,000 and $125,000, respectively). The Exchange Property was valued at $160,000 (or $10,000 per acre). As a part of the exchange, the City will subdivide the Exchange Property from the City Property. The existing farm lease will be partially terminated as to the Exchange Property. The exchange of these properties will allow the City to protect the dense grove of trees on the Diocese Property (outside of an existing 120' Dominion Energy easement), and allow the Diocese to construct its cemetery in a more suitable location. Cemeteries are compatible uses in the Interfacility Traffic Area. ■ Considerations: The Diocese will execute a perpetual Reservation Agreement for the future Indian River Road re-alignment, which will allow the City to re-acquire the area necessary for the possible Indian River Road realignment shown on the City's Master Transportation Plan for no compensation. The Diocese further agrees to waive any claim for damages to the residue from the road project. The terms and conditions of the exchange are set forth in the Summary of Terms attached to the Ordinance. The City funded the acquisition of the City Property through a grant partnership with the Commonwealth of Virginia. Typically, in a disposition of property acquired with the grant, a portion of the proceeds are refunded to the Commonwealth of Virginia in accordance with the grant agreement. While there is no monetary component to this transaction, the City coordinated with the Commonwealth to calculate the appropriate payment for the disposition of the Exchange Property, and the Commonwealth has directed the City to refund $160,000 (representing 50% of the City's acquisition cost per acre) upon closing, which will be paid out of the Capital Improvement Project 100282 (formerly CIP 9-059 and 9-060), Oceana & ITA Conformity & Acquisition II Project. ■ Public Information: A public hearing as required by Section 15.2-1800 Code of Virginia will be held on November 12, 2024, and public notice of the hearing will be advertised in The Virginian-Pilot and provided via the normal City Council agenda process. ■ Alternatives: Deny the request or add conditions as desired by Council. ■ Recommendations: Approve the Ordinance. ■ Attachments: Ordinance and Summary of Terms, Location Map, Plats, and Disclosure Statement Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Real Estate City Manager:/W 1 AN ORDINANCE 1) DECLARING A 16± ACRE 2 PORTION OF CITY PROPERTY LOCATED 3 ALONG THE NORTH SIDE OF INDIAN RIVER 4 ROAD (GPIN: 1483-95-6756) TO BE IN 5 EXCESS OF THE CITY'S NEEDS AND 2) 6 AUTHORIZING THE CITY MANAGER TO 7 EXECUTE ALL DISPOSITION AND 8 EXCHANGE DOCUMENTS WITH THE 9 CATHOLIC DIOCESE OF RICHMOND, 10 VIRGINIA FOR 9.7± ACRES OF PROPERTY 11 ON SALEM ROAD (GPINS: 1484-33-4905 12 AND 1484-34-3016) 13 14 WHEREAS, the Catholic Diocese of Richmond, Virginia (the "Diocese") is the 15 owner of two parcels of vacant land encompassing a total of approximately 9.7± acres 16 on the northern side of Salem Road in the City of Virginia Beach, Virginia, and identified 17 as GPINs: 1484-33-4905 and 1484-34-3016 (the "Diocese Property") attached hereto 18 as Exhibit "A"; and 19 20 WHEREAS, the City of Virginia Beach (the "City") owns a 186.4± acre parcel of 21 land located along the north side of Indian River Road (GPIN: 1483-95-6756) (the "City 22 Property"); and 23 24 WHEREAS, the City Property was purchased on November 19, 2014 as a part of 25 the City's Oceana and Interfacility Traffic Area Conformity & Acquisition Project and is 26 currently leased for a farm operation (the "Farm Lease"); and 27 28 WHEREAS, the purchase of the City Property was funded in part with a grant 29 from the Commonwealth of Virginia, which requires the City to reimburse the 30 Commonwealth if the City conveys property acquired with grant funds; and 31 32 WHEREAS, the Diocese proposes to exchange the Diocese Property for a 16± 33 acre portion of the City Property as further described on Exhibit "B" attached hereto (the 34 "Exchange Property"); and 35 36 WHEREAS, the Diocese intends to develop the Exchange Property with a 37 cemetery and accessory structures and features, including, but not limited to, a 38 columbarium, mausoleum, and a stormwater management facility (the "Intended Use"); 39 and 40 41 WHEREAS, the City will reserve 2.84± acres across the Exchange Property for 42 the Proposed Indian River Road Re-alignment, which will be documented with a 43 reservation agreement executed by the Diocese and the City; and 44 45 WHEREAS, the City and the Diocese have negotiated the exchange of the 46 Diocese Property for the Exchange Property as set forth in the terms and conditions set 47 forth in the Summary of Terms, attached hereto as Exhibit "C" and incorporated herein 48 (the "Summary of Terms"); and 49 50 WHEREAS, the City Council finds that it is in the best interest of the City to 51 declare the Exchange Property in excess of the City's needs and to convey to the 52 Diocese in exchange for the Diocese Property in accordance with the Summary of 53 Terms. 54 55 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 56 VIRGINIA: 57 58 1. That the Exchange Property as shown on Exhibit B, is hereby declared to 59 be in excess of the needs of the City of Virginia Beach; and 60 61 2. That the City Manager or his designee is further authorized to execute an 62 exchange agreement and any other documents needed to convey the Exchange 63 Property to the Diocese and to acquire the Diocese Property, provided such documents 64 are in substantial conformity to the terms set forth in the Summary of Terms attached 65 hereto as Exhibit C, and such other terms, conditions or modifications as may be 66 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 67 68 3. That $160,000 be appropriated from Capital Improvement Project 100282 69 (formerly CIP 9-059 and 9-060), Oceana & ITA Conformity & Acquisition II Project, for 70 the City Manager to refund the Commonwealth's portion in accordance with the grant 71 agreement. 72 73 74 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 75 of , 2024. CA16574 R-1 9/23/24 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORK , REAL ESTATE CITY$rTORrkY APPROVED AS TO CONTENT: BUDGET & MANAGEMENT SERVICES EXHIBIT "A" To be conveyed by Diocese to City GPINs: 1484-34-3016 and 1484-33-4905 ALL THOSE certain lots, pieces or parcels of land, together with the improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia and being designated and described as "PROPERTY OF THE CATHOLIC DIOCESE OF RICHMOND, VIRGINIA GPIN: 1484-33-4905 D.B. 1484 PG. 55 M.B. 109 PG. 19 PARCEL 4 211,328 Sq. Ft. or 4.85142 Ac." and "PROPERTY OF THE CATHOLIC DIOCESE OF RICHMOND, VIRGINIA GPIN: 1484-34-3016 D.B. 1484 PG. 55 M.B. 109 PG. 19 PARCEL 5 211,270 Sq. Ft. or 4.85009 Ac." and being further designated and described as "PARCEL 4 TO BE ACQUIRED 211,327 Sq. Ft. or 4.85140 Ac." and "Parcel 5 TO BE ACQUIRED 211,270Sq. Ft. or 4.85009 Ac." as shown on that certain plat entitled "PLAT SHOWING PARCELS 4 & 5 TO BE ACQUIRED FROM THE CATHOLIC DIOCESE OF RICHMOND, VIRGINIA BY THE CITY OF VIRGINIA BEACH FOR THE PROPERTY EXCHANGE BETWEEN THE CITY OF VIRGINIA BEACH & THE CATHOLIC DIOCESE OF RICHMOND," Scale: 1" _ 100', dated June 6, 2024, prepared by Department of Public Works, Engineering Group, Survey Bureau, to which reference is made for a more particular description. SUBJECT TO a 120' utility easement in favor of Dominion Energy Virginia as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1252, at page 589. TOGETHER WITH all right, title and interest of the Diocese, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described properties. IT BEING the same property conveyed to the Catholic Diocese of Richmond from Roy L. and Etta H. DeHart, by deed dated May 1, 1975, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1484 at page 55. A-1 EXHIBIT "B" To be conveyed by City to Diocese GPINs: 1483-95-0067 and 1483-84-9641 ALL THOSE certain lots, pieces or parcels of land, together with the buildings and improvements thereunto belonging, lying, being and situate in the City of Virginia Beach, Virginia and being designated and described as "PARCEL A- 4-13 GPIN: 1483-95-0067 544,764 Sq. Ft. or 12.50607 Ac." and "PARCEL A- 4-C GPIN: 1483-84-9641 152,291 Sq. Ft. or 3.49612 Ac." and further described as "PARCEL A-4-13 544,764 Sq. Ft. or 12.50607 Ac." and "PARCEL A-4-C 152,291 Sq. Ft. or 3.49612 Ac." as shown on that certain plat entitled "SUBDIVISION PLAT OF PARCEL A-4 FOR PROPERTY EXCHANGE BETWEEN THE CITY OF VIRGINIA BEACH & THE CATHOLIC DIOCESE OF RICHMOND (INST. 20141119001099050 — DEED)(INST. 20141117001089080 — PLAT)," Scale: 1" = 100', dated June 20, 2024 (hereinafter the "Subdivision Plat") prepared by Department of Public Works, Engineering Group, Survey Bureau, to which reference is made for a more particular description. RESERVING TO THE CITY AND SUBJECT TO the perpetual right to acquire the fee simple interest in approximately 2.83590 acres at no cost, including damages to the residue, and construct a public roadway in the area depicted and described as "PROPOSED INDIAN RIVER ROAD RE-ALIGNMENT MASTER TRANSPORTATION PLAN CIP 2-504 & CIP 2-506" on the Subdivision Plat and as more particularly set forth in the Reservation Agreement. SUBJECT TO that certain Use Restriction to use the City Properties for cemetery or associated use for a period of thirty (30) years. SUBJECT TO that certain restrictive use easement conveyed to the United States of America by Grant of Easement dated September 15, 2015, recorded in the aforesaid Clerk's Office as Instrument Number 201500090792. LESS AND EXCEPT AND RESERVING UNTO THE CITY all right, title and interest in the right of way known as Indian River Road and depicted on the Subdivision Plat as "INDIAN RIVER RD. (30' AND VARIABLE WIDTH R/W ) (M.B. 4 PT. 2, PG. 200) (M.B. 134, PG. 10) (Inst. 20110712000694020)." B-1 RESERVING UNTO THE CITY that perpetual, nonexclusive right and drainage easement set forth in the Declaration of Easements recorded in the aforesaid Clerk's Office as Instrument Number 20141119001099000. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Brenneman Family Limited Partnership, a Virginia limited partnership, by deed dated November 13, 2014, and recorded in the aforesaid Clerk's Office as Instrument No. 20141119001099050. B-2 EXHIBIT "C" Summary of Terms PARTIES: City of Virginia Beach ("City") Most Reverend Barry C. Knestout, Bishop of the Catholic Diocese of Richmond, Virginia, a corporation sole DIOCESE PROPERTY TO BE ACQUIRED BY CITY (THE "DIOCESE PROPERTY"): 422,598± square feet (9.701 acres) of land located on Salem Road in fee simple, together with all and any easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefitting the parcels identified as GPINs: 1484- 33-4905 and 1484-34-3016 (described further on Exhibit "A") CITY PROPERTY TO BE EXCHANGED TO DIOCESE (THE "EXCHANGE PROPERTY"): A portion of GPIN: 1483-95-6756; 697,055± square feet (16± acres) of vacant land located along the north side of Indian River Road, reserving unto the City of Virginia Beach rights over the Proposed Indian River Road Re- Alignment and perpetual, nonexclusive right and drainage easement (described further on Exhibit "B„) CONDITIONS OF SALE: • The City shall bear the cost of obtaining a title report for the Diocese Property and all other closing costs associated with the City's acquisition of the Diocese Property. The City's costs shall include all of its own title insurance premiums, its own attorney's fees and costs, and preparation of the Deed of Exchange. • The City will pay for preparation and recordation of the subdivision plat to create the Exchange Property, and acquisition plat of the Diocese Property. The City will not bear any costs associated with clearing up or removing liens or encumbrances of record affecting the Diocese Property. c-1 • The Diocese shall bear the cost of acquiring the Exchange Property, including all of its own title insurance premiums and its own attorney's fees and costs. The Diocese will not bear any costs associated with clearing up or removing liens or encumbrances of record affecting the Exchange Property. • The Diocese will acquire and transfer, or cause to be transferred, the Diocese Property to the City, free and clear of all liens and encumbrances, other than all easements and restrictions of record. The City will transfer the Exchange Property to Diocese, free and clear of all liens and encumbrances, other than all easements and restrictions of record. • The Exchange Property shall be conveyed with a Use restriction lasting for a period of thirty (30) years, requiring that the Exchange Property be used as a cemetery and/or columbarium, including accessory improvement to support said use, in accordance with any conditions approved with granting of the Conditional Use Permit for said use by the Virginia Beach City Council. • The Exchange Property shall be conveyed subject to a perpetual reservation for the Proposed Indian River Road Re-alignment. The City shall retain total control of all elements of planning, approval, design and construction of Proposed Indian River Road Re-Alignment across the Exchange Property. The Diocese waives any claims for payment or damages to the residue as a result of the Proposed Indian River Road Re-alignment. • The Exchange Property is currently leased for farm operation (the "Farm Lease"), which includes the Exchange Property. A partial termination of the Farm Lease will be exercised by the City. The City agrees to provide Farm Lease Termination Notice upon Council approval and will provide the Diocese with a copy of the Farm Lease Termination Notice. • All rents, interest, taxes, and other appropriate items affecting the Diocese Property or the Exchange Property shall be prorated as of the date of actual settlement. • Settlement shall be on or before March 31, 2025 unless otherwise extended by the City Manager. C-2 I I I I S 2615'13•E NOW OR FORMERLY NOTES: 4v 5 7513•E 22902 21.70' SPIN A1464-3t-9148 1. THE MERIDIAN SOURCE OF THIS PUT IS BASED ON THE VIRGINIA _ : 78"?4 S 40'46'13•E MST.2 0 1010 13 0 0,08n8!0 STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1903/1993 S 4.76' M.B.tO0 PC.33 N 3.444,108.J801 (F44RN). COORDINATE VALUES SFi0MR1 HEREON ARE EXPRESSED IN E 12.183.894.3024 U.S. SURVEY FEET AND ARE DERIVED FROM GPS UTILIZING THE CITY PARCEL !3 OF VIRGINIA BEACH VIRTUAL REFERENCE STATIONS(VRS) NETWORK. 20'PERMANENT DRAINAGE EASEMENT / 1 `saw S�. M.B. )09 PC 19 2. THIS PLAT 15 A RESULT OF A FIELD SURVEY OF EXISTING y^' - 1248 13-�_ [ 424.52' S 51'45'49•E _�� MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS 3.91' SFK)WRJ HEREON. 98.9 _ — 4V 8' 325.54'— SITE}— — 3. THIS PUT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. ' 4. THIS PLAT IS INTENDED FOR ACQUISITION PURPOSES ONLY AND DOESyTQNIN NOW OR FORMERLY NOT CONSTITUTE A SUBDIVISION OF LAND. y 5. PROPERTY TO BE ACQUIRED BY DEED. 'fb 1EROME T.NOVAh.R EDNA L.NOVAK 1, OPIN.1484.43.0775 De,Loll PG.337 46 M.O.109 PG.19 PARCEL, LINE DATA CHART . ' NUMBER DIRECTION I DISTANCE LOCATIOSCALE:ON MAP sE: 1 2000 L1 S 57-50'03'W 40.00' NOW OP.FORMERLY /. p'�•t�� / HA TCH LEGEND BARR'i K.ES TES > ""pF ' / NOW OR FORMERLY 1 R h:A111 9.ES7[5 / - C.PIM:,""4-1214 /k&A.0O,V pF/V,•_ JAMIE LEIGH SANFORD IRREVOCABLE TRUST 7V BE 5 PARCELS 4 t 8 '� INST. IDI61220001175560 �lN."i�Np _,K: - p•.�yp�� �y GPIN:1484-33-8641 /0 Ap00APED \ ;'I M.B.109 PG. 19 /( O,g 4a4 I'1RC7 7F7 "Try �N INST.211130SD400084784D M, 118 C-N74 / E C4` M.B.}09 PG.19 N PARCEL 5 / t3 1094 CC, 30j6 ./(��,N�,,�T+wc/D/y,,� LEGEND j P PIJ. 1g _04 -bhe _'"Cf. J PARCEL 2 • PW f01M r / 4 aSp°p'g S' R. %/ g 9C f 1gs __ S 5217_35 E 797.66'_ ___ / 4. / ?71 [ 4 H I I W 4'65Jor 59. Ft tYT OP NOW OP.FORMERLY u..Di R O4Z6 7 1 � e. N..s4 z s CRESCENT COMMUHiT'f CENTER CORP GPIN:1484-33.4492 y /-0 4 2 / INST.2 013100 s 200117 6 7 2 0 f7 Suft M.O.109 PG.19 PARCEL 3 I 1 C5 - - NOW OP.FORMERLY PLAT SHOWING 31.14' C2 C4 / GTE SOUTH INCORPORATED PARCELS 4 BC / OPIN:1484-33-0567 N J 443,913.3629 - - ! D.O.4171 PG.1065 TO BE ACQUIRED FROM E 12,182,776.6710 SALEM RD. Afjo M.O.109 PG.19 THE CATHOLIC DIOCESE VARIABLE WIDTH R/W 41•µ, PARCEL 3A (M.S. 36 Pc. 20)(M.B. 109 Pc. 19) BENT e16•;`�� N OF RICHMOND, VIRGINIA 9C BY Ro. CI 409.00' N 50-45'41•W CITY OF VIRGINIA BEACH PROPERTY EXCHANGE BETWEEN CURVE DATA CHART AREA TABLE THE CITY OF VIRGINIA BEACH a NUMBER ARC RADIUS DELTA ANGLE TANGENT CHORD DIRECTION CHORD LENGTH PARS 4 TO BE ACOURIED 211,327 Sq. Ft. or 4.85140 Ac. THE CATHOLIC DIOCESE OF RICHMOND Cl 179.40' 520.00' 19'46'00" 90.60' N 40'52'41'W 178,51' REAL PARCEL 4 o sq.rt. or a000OO Ac. C2 563.14' 1205.00' 2646'35' 286.81' N 4422'59'W 558.03' PARCEL 5 TO BE ACaMIZED 211.270 DEPARTMENT OF PUBLIC WORKS,EN61NEERING GROUP,SURVEY BUREAU Sq. R. ar 4.85009 Ac. TEL(757)385-4131:1473 N.LANDING ROAD;BLDG.23;ROOM 160 C3 119.46' 1205.00' 5'40'49' 59.78' N 33'50'06'W 119.42' RESIDUAL PARCEL 5 D sq. Ft. w a00000 Ac VIRGINIA BEACH.VIRGINIA 23456 C4 1 217.56 1205.00 10*20'40" 109.07' N 41'50'50'W 217.26' BY APPROVAL,THE UNDERSIGNED DOES NOT CERTIFY AS TO THE CORRECTNESS OF THE BOUNDARY, STREETS OR OTHER LINES SHOWN ON C5 1 226.12'1 1205.00'1 10'55-0—C 113.39' N 5223'43-W 225.79' THIS PUT. EXISTING PUBLIC RIGHT-OF-WAY, EASEMENTS OR OTHER PUBLIC INTERESTS NOT SHOWN ON THIS PLAT REMAIN IN EFFECT AND ARE NOT TERMINATED OR EXTINGUISHED BY OMISSION FROM THIS PLAT. 0 100 200' �- CITY OF VIRGINIA BEACH APPROVED: DATE: GRAPHIC SCALE DIRECTOR OF PUBLIC WORKS, CITY OF VIRGINIA BEACH 1'-109 JUNE 6,2024 DRAWN BY:MAU JOB 1:240013 SHEET 1 OF I i( HATCH LEGEND LEGEND I N 5`01'55'W ^-^ 1195.68' '.''{ .7'.'.'.'.'. DENOTES PARM A-4-8 • mfoln wv FOUND ll 10�OdI1EttD N 44-ML405.6183 N 84-XW E f 1218a6(7.8079 700.00' r' 09MIM PARCH.A-4-C � PW g,fM K calAWWW TD w CGV /ID amens PROOM aD4oMs F1NrE1tn CPI[ PARCEL A-4—B ' GPIN: 1483-95-0067 • SEE SHEET 1 FOR ADDITIONAL NOTES AND CERTIFICATIONS • _ " 544,764 Sq. Ft. or 12.50606 Ae.. Us HOW OR FORMERLY AREA TABLE {CITY OF '�ii?{ili•ii-. =:AI", PARCEL A-4 4011910 Sq.FL w 18a40748 Aa INST.201L1NEW109906 (DEED) INST.201LitY,0 010 6 90800(PLATI PARCEL A-1-B 544784 4 Ft. o 12.W&M An _ - w OPIK 1t63.95-675b PARCEL A-4-C 152291 Sas F1. a.14D812 A. PARCEL A-1 . RESIDUAL PARCEL A-4-A 7.422835 4 FL ar 17124U530 Ae RIGHT-OF-WAY RESMVA770N % - to R/11'IIESErYA ITCH/ INST 20110712000694050 Z. % g TOTAL R/W RE VA WN 1R;a32 SQL Ft. w 2.-Z-At PARCEL A-4—A ar Pis►uTE awwRcti<rAsornr x / o�OgO;i 7,4:z�sa R �Ar LINE DATA CHART A7EESY ESTAeLOW I x x x S - . NOW OP.FORMERLY w x x x / � :. NUMBER I DIRECTION DISTANCE `.?T iiiiTi?Eb,{:'r. •iFii:iTF.iiiiS, .iNiC ..., II•i x x x z S ti fN T.2005032SO044895(DEEDI I x x x x x ssjh�1j�c�,Q lyl,/ Lt S 44109'23'W 111.32' INST.20D9D61600M6L51D(PLAT) IN'a T.201t07t2000694020(DEED 1 PLAT) = I"+ x x x x x z�,2�S�.IE` L2 S 17'31'59'W 148.54' GPIN:1432-65-3572 x_ O n PARCEL H NORTH-A I� x x x x x v v x % '��n'rO/'i g L3 N 7228'O1' W 150.00' �\ i r� x x x x x x C..IIT,9rgp ,. - _ L4 N 17'31'59x E 115.79' ,T x PARCEL A— te¢,IB1 S,(.Ft or a4Bet2 Ao.4—C ° iO,y pF� 3r �lR7r I x 9 t4B3-e4-f64t x s L5 N 5'01'55•W 103.45' N x x x %. O<y�iC / � +B•IF x x . . . . x x . . x . . x x x S ti F � L6 N 8458'05'E 20.00' iix x x x x x x x x x x x x x x x x / 4� ► � LLIBBO Ae L7 S 5V1'55'E 203.12' 1 N sVI'53'W x 2382' x x x x x x x x x x x x / LS N 54TJ6'18•W 26AY x x x x x x x x x x x x x / / L9 N 5U1'55-W 185.78' x x x x x x x x x /.. •/ �� N 4434,526.2700 ---xI v x x x x f 12,18a7250350 /�D/� N j� x x x x N R/ o,•M x /'� / suBDMor PLAT OP � �' 35 __ PARCEL A-4 pe FOR PROPERTY EXCHANGE BETWEEN >b � THE crrY or vHI61NIA BEACH a IO'PIIBL/C pRAMVAGE£ABUS'fED T �� HEREBY fSTAER/9/f \ THE CATBOL C DlOC85E OF RtCtU1M ?8 (INST.20141119001099050-DEED)ONST.2014t1TT001009060-PLAT) THE UNDERSIGlIm CERTIFY TWIT THIS SUBDINSIOEI,AS R APPEARS ON THIS FIAT.CONFORMS TO THE APPLICABLE REGULATIONS RELATING TO THE SUBDIVISION OF LAW AND 1S ACCOROINMY APPROVED. BY SUCH APPROVAL,THE LINDERSQNED DO NOT CERTIFY AS TO THE CORRECTNESS OF THE BOUNDARY.STREETS OR OTHER LINES SHOWN ON 7H6 PLAT. EXWM PUBLIC R%HT-OF-WAY, EASEMENTS OR OTHER PUBLIC WERESI'S NOT SHOWN ON THIS PLAT REMAIN IN DEPARTI M OF PUBLIC WORR3.ENGINEERING GROUP.SURVEY BUREAU EFFECT AND ARE NOT TERMINATED OR EfmNOUSHED BY OMISSION FROM THIS PLAT. TEL(737)395-4131:2473 N.LARDING ROAD:BLDG.23;ROOM 1BO APPROVED: DATE-- OP INI ` VIHGA 13EACIL VIRGMA 23436 I f APPROVED., PLANNING DIRECTOR CRY VIR Y OF CIRII BEACH DATE. �4d4J IL '_- DIRECTOR OF PUBLIC waWcS, arc OF NRdNN FTE 10-10-Zy o ,ov 200ACH rye ,tp4' CITY OF YIRGIPIA BEACH APPRC�p: OATS StIRN6 GRAPHIC SCALE V1Rt W BEACH HEALTH DEPARTMENT 1•-t W JUNE 20.P0i4 DRAWN BY:N" JOBI ttO075 SHEET 2 OP 2 L DAVID R. SMITH.A UC06M SURVEYOR N THE COMMONWEALTH OF VIRGNIA, DO HEREBY CERTIFY THAT THIS PUT WAS MADE BY ME.THE UNDERSIGNED.AT THE DIRECTION OF THE OWNERS AND THAT NOTES: THIS SUBDIVISION AS SHOWN HEREON IS ENTIRELY WITHIN THE BOUNDARIES OF THE LAND COVERED BY DEED DESCRIBED BELOW AND THAT CONCRETED STEEL PINS AS SPECIFIED BY THE SUBDIVISION REGULATIONS OF THE CITY OF VIRGINIA BEACH.VIRGIN ARE PLACED AT THE POINTS MARKED THUS 1. THE MERIDIAN SWRCE OF THIS PUT IS BASED ON THE VIRGINIA STATE AND THAT THEIR LOCATIONS ARE CORRECTLY SHOWN. PLANE COORDINATE SYSTEM, SOUTH ZONE. NAD 1963/1993 (HORN). COORDINATE VALUES SHOWN HEREON ARE EXPRESSED IN U.S. SURVEY FEET AND ARE DERIVED FROM GPS UTILIZING THE CRY OF VIRGINIA BEACH VIRTUAL REFERENCE STATIONS(VRS) NETWORK. COMBINED WITH THE COMPILATION 2 THIS PUT IS A RESULT OF A FIELD SURVEY OF EXISTING MONUMENTS I SIGNED: 1 C== . —DATE. . r now LAIC"�o.,..-.__ CITY SURVEYOR, CRY OF VIRGINIA BEACH COMPILATION OF DEEDS AND PUTS SHOWN HEREON. --;1=-- 3. THIS PUT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. f-, ;! I lt.;;l;. SOURCE OF TITLE 4. THIS PROPERTY APPEARS TO LIE IN FLOOD ZONE X. , s ON J COMMUNITY PANEL 5155310180C, DATED JANUARY 16 2015.15. .st 5. ALL OR A PORTION OF THIS SUBDIVISION IS LOCATED N THE SOUTHERN ; GPIN 1483-95-6756; PARCEL A-4 RIVERS WATERSHED MANAGEMENT AREA AND IS SUBJECT TO THE PROVISIONS OF THE SOUTHERN RIVERS WATERSHED MANAGEMENT ORDINANCE. ) THE PROPERTY EMBRACED WITHIN THE LIMITS OF THIS RESUBDMSION WAS CONVEYED TO THE CITY OF VIRGINIA •�''_.. 1 BEACH FROM BRENNEMAN FAMILY LIMITED PARTNERSHIP BY DEED DATED MZHBFB 13. 2014 IN INSTRUMENT G. THIS SUBOM IS IN LOCATED AN AGRICULTURAL DISTRICT AND MAY BE NUMBER 20141119001099050, INTHE CLERWS OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA SUBJECT TO NOISE, DUST. ODOR. CHEMICAL SPRAYING.AND THE LIKE AS BEACH VA. THE RESULT OF THE RAISING OF CROPS AND LIVESTOCK ON NEARBY PROPERTY. 7. THIS SUBDIVISION DOES NOT ADDRESS THE EXISTENCE OR NONEXISTENCE LOGTION MAP SCALE: 1 2000 OF WETLANDS, ENVIRONMENTAL HAZARDS,OR ANY UNDERGROUND OWNER'S STATEMENT STRUCTURES NOT OBSERVED DURING THE COURSE OF THE SURVEY. 6. THIS SUBDIVISION PUT WAS PREPARED IN ACCORDANCE WITH SECTION 6.3 OF THE SUBDIVISION REGULATIONS OF THE CM OF VIRGINIA BEACH. THE PUTTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND $UBDNISION PUT OF PARCEL A-4 FOR LAND SWAP BETWEEN THE CRY OF VIIIGI N1 BEACH 3 THE CATHOLIC DIOCESE OF 9. FURTHER DEVELOPMENT OF THESE LOTS INCLUDING ANY FILLING OR RICHMOND(NSF. 2014111900109MM — DEED) (201411170010MM— PUT), LOCATED N PHYSICAL ALTERATIONS OF THE LOTS MAY REQUIRE ADDITIONAL PERMITS VIRGINIA BEACH.VIRGINIA IS WITH FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE FROM THE CRY OF VIRGINIA BEACH OR OTHER GOVERNMENT AGENCIES. UNDER—SIGNED OWNERS WHO CERTIFY THAT THEY ARE THE FEE SIMPLE OWNERS OF SAID LAND AND SECTION 4.4 (J). THERE ARE ENCUMBRANCES ON THE PROPERTY.THE DEDICATION OF THE STREETS.AND EASEMENTS ARE SUBJECT TO THE RIGHTS OF THE CITY OF VIRGINIA BEACH,VIRGINIA AND ARE FOR THE 10.THE TOTAL AREA ENCOMPASSED WITHIN THE LIMITS OF THIS SUBOMSION IS PURPOSES REFERENCED ON THE PUT AS WELL AS FOR SURFACE AND UNDERGROUND DRAINAGE 8,119,910 Sp. Ft. OR 186.40748 Ac. AND UTILITIES. 11.THE ABANDONMENT AND/OR INSTALLATION COST ASSOCIATED WITH PRONDING SANITARY SEWER AND/OR WATER SERVICE TO PARCELS A-4—A,A-4-8, OR . DATE A-4—C WILL BE THE RESPONSIBILITY OF THE DEVELOPER/OWNER OF THE LOT AT THE TIME OF CONSTRUCTION OR REQUEST FOR SERVICES. CITY MANAGER/DESIGNEE, CRY OF VIRGINIA BEACH 12.1i AND WHEN PARCELS A—hA, A-4-9,OR A-4—C ARE REDEVELOPED, ANY UNUSED SEWER AND/OR WATER SERVICE LINES WILL BE REWIRED TO BE ABANDONED IN ACCORDANCE WITH THE DEPARTMENT OF PUBLIC UTILITIES STANDARDS AT THE DEVELOPERS EXPENSE. CERTIFICATE OF NOTARIZATION " 10APPROVAL FOR THE INSTALLATION L AND ATION OF OENSITTTE SAGE DISPOSAL UNTIL SYSTEMS AND PRIVATE WELLS HAVE BEEN CRANED BY THE CRT'OF VIRGINIA BEACH DEPARTMENT OF PUBLIC HEALTH. COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,TO WIT: 14.THIS SITE UES WITHIN AIRCRAFT ACCIDENT POTENTIAL ZONE N&AND/OR NOISE ZONE(S) > 75 dB Ldn, 70-75 dS Ldn,AND 65-70 dS Ldn AND I, A NOTARY PUBLIC, IN AND FOR THE CRY AND STATE MAY BE SUBJECT TO AIRCRAFT ACCIDENTS AND/OR ABOVE AVERAGE NOISE AFORESAID. DO HER CERTIFY THAT . LEVELS DUE TO ITS PROXIMITY TO AIRPORT OPERATIONS. NOISE ATTENUATION A EBY WHOSE NAME SIGNED TO THE EBY FOREGOING WIRING. MEASURES FOR NEW CONSTRUCTION MAY BE REQUIRED IN ACCORDANCE BEARING DAIS ON THE . DAY OF 2024,HAVE ACKNOWLEDGED THE SANE WITH AIRPORT NOISE ATTENUATION AND SAFETY ORDINANCE AND HEIGM BE BEFORE ME IN MY WIND THIS DAY OF ,2024. RESTRICTIONS HAVE EN IMPOSED IN ACCORDANCE WITH SECTION 202(b) OF THE CITY OF VIRGINIA BEACH ZONING ORDINANCE. 15.IT IS THE INTENTION OF THE CITY OF VIRGINIA BEACH TO CONVEY PARCELS SUBDIVLSgN PLAT �,COMMISSION �. A-4—B AND A-4—C TO THE CATHOLIC DIOCESE OF RICHMOND. NOTARY PUBLIC OP REGISTRATION , 16.AN AGREEMENT RE—ALIGNMENT WILL CONTEMPORANEOUSLY THE PROPOSED UNMAN RIVER ROAD PARCEL A-4 BE RECORDED COHTEMRANEOUSLY HEREWITH. 17.PARCELS A-4—A,A-4-8,AND A—hC ARE SUBJECT TO A RESTRICTIVE EASEMENT RECORDED AS INSTRUMENT NUMBER 20150917000907920. MR 18.PARCELS A-4—A,A-4-8,AND A-4—C ARE SUBJECT TO VEPCO LINE POLE PROPERTYEXCHANEEBETWEEII EASEMENT OF UNSPECIFIED WIDTH(D.S. 277 PG. 363) (M.S. 25 PG. 32). THE CITY OF VUtGMA BEACH THE UNDERSIGNED CERTIFY THAT THIS SUBDIVISION.AS R APPEALS ON THIS PUT, CONFORMS TO d THE APPLICABLE REGULAT06 RELATING TO THE SUBDIVISION OF LAND AND IS ACCORDINGLY THE CATHOLIC DIOCESE OF RICIDIOND APPROVED. BY SUCH APPROVAL.THE UNDERW40 DO NOT CERTIFY AS TD THE CORRECTNESS OF THE BOUNDARY. STREETS OR OTHER LINES SHOWN ON THIS PUT. EXISTING PUBLIC (INST.201411,9001099M-DEED)ONST.20141117001099M-PUTT RJGNT—OF—WAY, EASEMENTS OR OTHER PUBLIC NTERFSTS NOT SHOWN ON THIS PUT REMAIN N EFFECT AND ARE NOT TERMINATED OR ORRKg1ISHED BY OMISSION FROM THIS PUT. 4rH Do.D APPROVED: DATE: oT�'� DEPARTMENT OF PUBLIC WORM EN801EERINB GROUP.SURVEY BUREAU PLANNING DIRECTOR, CRY OF VIRGINIA BEACH 8 ue.Ne.�� TEL(757)383.4131;2473 N.LANDUB ROAD;BLDB.23;ROOM 160 <<0-I0-Z y Q YL"INLA BEACH.VIRGIM 2343E APPROVED: DATE: .FIN ,Ap DIRECTOR OF PUBLIC woRlcs crtY of VIRGINIA BEACH SAVE T �V APPROVED: DATE-- VIRGINIA,BEACH HEALTH DEPARTMENT CITY OF YI emA BEACH JUNE 20.2024 DRAWN BY:UM JOB#220075 SHEET 1 OF 2 N a W E DAM N K RD S r 1 ��7SITE � r \X LOCATION MAP Legend PROPERTY EXCHANGE CITY OF VIRGINIA BEACH iWwlm,. 20' Drainage Easement GPIN: 1483-95-6756 AND ® 120' Vepco Easement THE CATHOLIC DIOCESE OF Diocese Property To Be Exchanged RICHMOND, VIRGINIA GPIN: 1484-34-3016 & 1484-33-4905 Diocese Property To Be Exchanged 0 100 200 400eet City Property Drawn By:JJ/P W/Eng/Eng.Support Services Bureau 09/19/2024 X.\CADD\Projects\Arc Files\AGENDA MAPS\City Property\1484-34-3016.mxd VV E S tVl S r « Y is 1 t y ft 74 41 Tow <�ice•£ ��` � � 4. ; LOCATION MAP Legend PROPERTY EXCHANGE CITY OF VIRGINIA BEACH City Property GPIN: 1483-95-6756 AND ® 120' Vepco Easement THE CATHOLIC DIOCESE OF Diocese Property To Be Exchanged RICHMOND, VIRGINIA GPIN: 1484-34-3016 & 1484-33-4905 Diocese Property To Be Exchanged Feet 0 100 200 400 R, 20' Drainage Easement Drawn By JJ/P W/Eng IEng Support Services Bureau 09/19/2024 X 1CADDAProtectstArc FIIeStNGFNDA MAPSrCity Property,1484-34-3016 Aena mxd i i CITY OF rDisclosure w A r BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Catholic Diocese of Richmond Is Applicant also the Owner of the subject property? Yes©Noq) If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes Noo If yes, name Representative: R. Edward Bourdon, Jr., Esq., Sykes, Bourdon, Ahern & Levy, P.C. Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? Yes(:)Nol`- if yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity'relationship with the applicant. (Attach list if necessary.) Not appkable. Most Reverend Barry C.Knestout Is the Bishop of the Catholic Dbcese of Richmond,Vvglnla(the'Dbcese').There are no Articles of Incorporation,Articles of Organization or Bylaws,and there are no Trustees as Is the case with many other rel'glous denominations. The Bishop hods 0lle to all real estate of ft Diocese and has the power to acquire by deed,devise,gift, purchase or othenvlse,any real properly and to mortgage,sell and convey the same.The Diocese Is tax-exempt 501(c)(3)organization as defined In Sectlon IWof the Internal Revenue Code. Does the subject property have a proposed or pending purchaser? Yes No if yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes® No • if yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property, The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage, deeds of trust, o Q cross-col late ralization, etc.) Real Estate Broker/Agent/Realtor ® q) Disclosure Statement I rev. M a y-2024 page 1 of 3 I SECTION 1: APPLICANT • DISCLOSURE continued i SERVICE YES NO SERVICE PROVIDER Name entity and/or Individual Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape (F) 0 Billy Almond,WPL Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent e Billy Almond,WPL Legal Services Q © R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahem&Levy,P.C. APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council,eVBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. �OST ItC�/6I'OAa[ Barry C. kAesYowf" ` '617-Z/Z� Applicant Name (Print) Appli(o Signature Dat 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(I)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): lot of 1-7,y Siff Name (Print) S ff Sign t Date Disclosure Statement I rev. M ay-2024 page 2 of 3 i i i SECTIONPROPERTY OWNER DISCLOSURE I PROPERTY OWNER INFORMATION Property Owner Name: as listed on application City of Virginia Beach Is the Owner a corporation, partnership,firm,business,trust,or unincorporated business? Yes®No(o If yes,list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) i i Does the subject property have a proposed or pending purchaser? Yeso No® If yes, name proposed or pending purchaser: i KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes © No o ! yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage, deeds of trust, cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 a Accounting/Tax Return Preparation © 1 O Archltect/Designer/Landscape 0 O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services o PROPERTY OWNER CERTIFICATION READ:1 certify that all information contained in this Form is complete, true, and accurate, 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 PUBLIC HEARING CAFt FRANCHISE ON CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday,November 12,2024,at 6:00 p.m.in the Council Chamber, City Hall-Bldg.#1,at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the proposed outdoor sidewalk caf6 franchises on City-owned property: 1) 405 191h Street,Suite 115 for Grill Virginia Beach,LLC 2)332 20th Street,Suite 120 for Mi Vida Virginia Beach, LLC If you are physically disabled or visually impaired and need assistance at this meeting,please call the City Clerk's Office at 385- 4303;Hearing impaired call 711. Any questions concerning this matter should be directed to the Convention and Visitors Bureau, Resort Management Office, 600 22nd Street, Virginia Beach, VA 23451,Attn: Lisa Bleakley,(757) 3854800. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: •Register for the WebEx at httos://vbgov.webex.com/webli n k/re9ister/r023bcfc2 Wa 739c 22dc06cd3114eaddf •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes@vbgov.com prior to 5:00 p.m. on November 12, 2024. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT:11/3/24 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Two Franchise Agreements for Outdoor Cafes at Atlantic Park in the Resort Area PUBLIC HEARING DATE: November 12, 2024 MEETING DATE: November 19, 2024 ■ Background: City Council adopted regulations for outdoor cafe franchises on October 20, 2020 ("Cafe Regulations"). The Cafe Regulations simplify the outdoor cafe franchise program and allow more flexibility for outdoor cafe owners and operators to keep pace with current standards in construction, design and materials. The City has developed a franchise agreement for the regulation of outdoor cafes, which are executed by the franchisee as a condition of the grant. City Council traditionally grants initial franchises for one-year terms. If an outdoor cafe is successfully operated during the initial one-year term, the franchisee may return to City Council upon the expiration of the one-year term and request a five-year franchise agreement. ■ Considerations: The following two entities are seeking one-year franchise agreements for the operation of outdoor sidewalk cafes west of Pacific Avenue: (1) Mi Vida Virginia Beach, LLC; and (2) Grill Virginia Beach, LLC. ■ Public Information: Notice of Public Hearing was advertised in The Virginian- Pilot on November 3, 2024. Public notice will also be provided via the normal City Council agenda process. ■ Attachments: Ordinance Location Maps Plans and Elevations Disclosure Statements Recommended Action: Adopt Ordinance Submitting Department/Agency: Convention and Visitors Bureau / Resort Management Office 61 City Manager:ql) (A, 1 AN ORDINANCE GRANTING TWO FRANCHISE 2 AGREEMENTS FOR OUTDOOR CAFES AT 3 ATLANTIC PARK IN THE RESORT AREA 4 5 WHEREAS, City Council adopted revised regulations for outdoor cafe franchises 6 on October 20, 2020 ("Cafe Regulations"); 7 8 WHEREAS, the Cafe Regulations simplify the outdoor cafe franchise program 9 and allow more flexibility for outdoor cafe owners and operators to keep pace with 10 current standards in construction, design and materials; 11 12 WHEREAS, the City has developed a franchise agreement for the regulation of 13 outdoor cafes, which are executed by the franchisee as a condition of the grant; 14 15 WHEREAS, the City Council has traditionally granted initial franchises for one- 16 year terms; 17 18 WHEREAS, if an outdoor cafe is successfully operated during the initial one- 19 year term, the franchisee may return to Council and request a five-year franchise 20 agreement; 21 22 WHEREAS, the following two entities are seeking one-year franchise 23 agreements for the operation of outdoor sidewalk cafes west of Pacific Avenue: (1) Mi 24 Vida Virginia Beach, LLC; and (2) Grill Virginia Beach, LLC; and 25 26 WHEREAS, the Office of Resort Management recommends that the above- 27 named entities be granted outdoor cafe franchise agreements. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH: 31 32 That the City Manager, or his designee, is hereby authorized to execute Outdoor 33 Cafe Franchise Agreements for: (1) Mi Vida Virginia Beach, LLC; and (2) Grill Virginia 34 Beach, LLC, so long as the terms and conditions comply with the Cafe Regulations, and 35 such other terms, conditions, and modification as may be acceptable to the City 36 Manager and in a form deemed satisfactory by the City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 39 of 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:Conventio and Visitors Bureau City Attorney CA16584 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d025\p046\01001710.doc R-1 October 29, 2024 'T r� d r�: ti � ti � � � ��*;�^."��•�� �^ ✓ ear., i k LOCATION MAP44 _ lit n T q, m i V1 vp � Sl .j 5 1gTH a ST j H STo d, ;'Ap 41 ........... ,« _ is SSl • y M'�s�"mC i n 4 �xr- a+ k� d: . E t.% " ��"idf",fiK�1141'T" ©Engn.reronar[sr PVkGOLA PROJECTION OVE AREA OF PATIO E! " ROW•47 sr INTO R(W•4t SF ILI P"s r f' S��A 1 ew�{.irLMwar / Q _� �.r. •sit `R. The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form Is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applont Disdosure Applicant Xww W Vida wtM Sauk LLC Does the applicant have a representative? Yj Yes ❑No • If yes,list the name of the representative. Kate Mitchell Is the applicant a oorporatioA,partnership,firm,business,trust or an unincorporated business? t Yes ❑No • If yes,list the names of all officer;,directors,members,trustees,etc below. (Attach a list If necessary) JMn Wq,MFdtael Reginbogln,Redleg Capital,LLC • if yes,list the businesses that have a parent-subsidiary'or affiliated business entW relationship with the applicant. (Attach a list if necessary) Succotash LLC,Succotash F Street LLC,Mi Vida Wharf LLC,Gatsby Ballpark LLC,Wharf Grill LLC,MI tmp Dupont LLC,Mahzedahr National Landing LLC,Knead Dupont LLC,Wha i Du)our 1.1r,Mi Vida tcti,Street LLC,MI Vida FStre—O d Bailpa,,.LLC s'Pa►em-subsidtary relationsW means"a relationship that exists when one corporation directly cxty or Indirectly owns shares possessing more then 01 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-9101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(1)one business entity has a controlling ownership interest in the other business entity,(11)a controlling owner in one entity Is also a controlling owner in the other entity,or(tli)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there Is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 P a g e Known Interest b,, Public Official or Emrlo�ee Does an official or employee of the City of Virginia Beach have an hrterest in the subject land or any proposed development contingent on the subject public action?❑Yes No • if yes,what is the name of the official or employee and what Is the nature of the interest? Applicant Services Disclosure I. Does the applicant have arty WWng financing(mortgage,deeds of bust,cross-collateraUmtion,etc)or are OW considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes R No • If yes,klentify the financial institutions providing the service. 2. Does the applicant have a real estate broker/egenVrealtor for current and andelpated future sales of the subject property? ❑Yes it No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for aceountkrg and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? 11=+ Yes ❑No • if yes,Identify the firm and Individual providing the service. Quantum Peak&MN Blum 4. Does the applicant have services from an architectllandscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? `: Yes ❑No • If yes,identify the firm and individual providing the service. Studio 3977 5. Is there any other pending or proposed purchaser of the subject property?❑Yes No • If yes,Identify the purchaser and purchaser's service providers. Rcviscd 1 LOR2020 2 P a g e 6. Does the applicant have a construction contractor In connection with the subject of the application or any business operating or to be operated on the property?P-' Yes ❑No • If yes Identify the company and individual providing the service. Building Resources,Inc. 7. Does the applicant have an engineer/surveyor/agent In connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,Identify the firm and individual providing the service. Caliber Design,Inc. S. Is the applicant receiving legal services In connection with the subject of the application or any business operating or to be operated on the property?IM Yes C7 No • If yes,Identify the firm and individual providing the service. Glenn Schoenfeld,Esq. Applicant Signature I certify that all of the Information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Cwnmtssiory City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Al & 704& Applicant Signature Print Name and Title Kate Mltrl 4 Expeditor Date Is the appll art also the owner of the subject property? ❑Yes No • H yes,you do not need to fill out the owner disclosure statement. that peflains it)"he applicitions No daapr ras d Do" sWueuro i Mgt ILme Revised 11M.2020 3 I P a g e Continue to (text Page for Owner Disclosure Revised 11.09.2020 4 1 P a g e Owner Disclosure Owner Name VenUn Waves Mixed Use,LLC Applicant Name Mi Vida Virginia Beach,LLC Is the Owner a corporation,partnership,firm,business,trust or an uninoorporated business? , Yes ❑ No • tf yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a Ust If necessary) Donna MacMUhan-Whitaker,Michael Culpepper,John L Gibson III,Bruce Berlin,Doug Ellis, John Lawson,Joe LaMontagne,rum Coster,Pharref"kkil ims,Steven Blshar i,)ohn Bishard,iobert Deacon • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity!relationship with the Owner. (Attach a fist B necessary) Atlarttlp Park Inc.,Venture Reeky Group,Venture Realty Group 1 LLC,Venture Waves LLC,WM Jordan Company,H2O Investments LCI TFO companies,B sKia-40ev�ia opment Corporation,Venture Waves More,;jse i C venture waves suq Ll C J Known Interest bti PORc Official or Employee Does an official or employee of the C ty of Virginia Beach have an Interest In the subject land or any proposed development contingent on the subject public action?❑Yes Wt' No • If yes,what is the name of the offidal or employee and what is the nature of the Interest? i •'Parent-subsidiary relationship'means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 4"Affiliated business entity relationshle means'a relationship,other than parent-subsidiary relationship,that exists when(0 one business entity has a controlling ownership interest in the other business entity,(11)a controlling owner In one entity Is also a controlling owner In the other entity,or(lii)there Is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there Is otherwise a dose working relationship between the entities.' See State and Lord Government Conflict of interests Act,Va. Code§2.2-3101. Revised 11.09 2020 5 1 P a g e Owner Services DiuJosure 1. Dees the Owner have any existing finand ng(mortgage,deeds of trtut,ovss�onateralbntion,etc)or are they consido ft arty financing in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑No • if yes,Identify the financial institutions providing the service. Fulton Bank Old point National Bank,Dollar Bank 2. Does the Owner haves real estate broker/agent/reaitor for current and anticipated future sales of the subject property? 0 Yes ❑No • if Yam,Identify the company and individual providing the service. Venture Realty Group 3. Does the Owner have services for accounting and/or preparation of tax Mtums provided In connection with the subject of the application or any business operating orto be operated on the property?❑Yes y'= NO • if M Identify the firm and Individual providing the service. BDO.Forvis 4. Does the Owner have services from an architaet/landsnpe archltect/land planner provided In connection with the subject of the application or any business operating or to be operated on the property? Yes ❑No • It yes,identify the firm and individual providing the service, Coops Carty,WPL S. is there any other pending or proposed purchaser of the subject property?❑Yes No • If yes,Identify the purchaser and purchaser's service providers.. 6. Does the Owner have a construction contractor In connection with the subject of the application or any business operating or to be operated on the property?WI Yes ❑No • if yes,Identify the company and Individual providing the service. YVM Jordan,Ruppert,Craft Construction 7. Does the Owner have an engineer/surveyor/agent In connection with the subject of the application or any business operating or to be operated on the property?IiIE'Yes ❑ No • if Yes,Identify the firm and Individual providing the service. Kimley Hom,WPL Revised 11.09,2020 6 1 P a g e S. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,Identify the firm and Individual providing legal the service. Kaufman Canoles Owrnr Signature I certify that all of the Information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetiards board or any public body or committee In connection wfth this application. vawftoE v4AVbf M'xDo v!E td.C. dMmer ftnaturo Print Name and Title Manager Date - - Revised11jU.M0 7 P a g e 4 LOCATION MAPS r 20.a. y H dy p N „ Wj ­ 45f-MR8 gig I n too�x K G1WV ttl dd gy zj kr�t�s ,`1 l,;+',�,'lt�, a ,cur at u t 68 Y OCR m L i TH f r sm ti ^ C y :rro w r 8 �' k .�,�.» {'• v .t t i tt 00 00, - v s � , } w a +�► Noun Now" RAJff ,i i + z + S s I f , 6 tr t ` EVPU=Anfvn I rr R/,ice.��".,- �� ..,g{M' .cvR„`::'`i�1.✓� ..�rrxT +M.ram A wa. L 1 ]EKTFVl 0lAQftA i i i i i ii i-j' i i i�•-I -- ------•------- --- ---- - - -.-.--- �.-' -------------- 1 -----°- ; -- --M2 i i i i i ii ILI AUO A150 A160 A170 A177A179A1E0 --------------- 1 1 I i 1 1 1 1 1 I I I II i i i i i ii A 0 i i i ii - - - - - - - -- - - - - --- 4----------------- ......... --------- �- „ ,.- w.r..,, .�M�/c�F.11lr•�••w�.�,,ww•,.ln,R.Mq I I 1 1 i it I i 1 i I I A14.0 A150 AMA A170 A 17.7 A17.9A1L.0 v v v v v v �r••r u i i i i i L._._._._._._ 1 { i e: O as _-, lit ppp pO r. • w ` Op0 .r ��S"iFw.rr�rrwr�run, I �7 i -1L iL oa \ae 3 .. The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body, Al-_-,Iicant Disclosure Applicant Name Grill Wginia Beach,WC Does the applicant have a representative? ti. Yes 0 No • If yes,list the name of the representative. Kate Mitchell Is the applicant a corporation,partnership,firm,business,trust or an unktcorim led busby 0 Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below, (Attach a list If necessary) Jason Berry,Michael Reginbogin,Redleg Capital,LLC • If yes,Iasi the businesses that have a pa rent-subsidiary'or affiliated business entitya relationship with the applicant (Attach a list if necessary) Succotash LLC;Succotash F Street LLC,MI Vida Wharf LLC,Gatsby Ballpark LLC,Wharf Grill I.I.C.MI Casa Dupont"Mahzedahr National Landing LLC,Kneed Dupont LLC,Wna,i Du Jour LLC:,n.t Vid-81#6 SLTeet LLC,N Vida F Street LLC,Knead Ba!ipa,�,U C '"Parent-subsidlary relationship"means"a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and total Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship°means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(ill)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entitles." See State and local Government Conflict of Interests Act,Va. Code§2.2.3101. Revised 11.09.2020 11 P a g e Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes IK No • If yes,what Is the name of the official or employee and what Is the nature of the interest? A Tplicattt Services Disclosure 1. Does the applicant have arty exlsdng financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes A No • if yes,Identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/reakorfor current and anticipated future sales of the subject property? ❑Yes I No • If yes,Identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax reWms provided in connection with the subject of the application or any business operating or to be operated on the property?k- Yes ❑No • if yes,Identify the firm and individual providing the service. Quantum Peak&MN Blum 4. Does the applicant have services from an architect/iandscape architecVWd planner provided In connection with the subject of the application or any business operating or to be operated on the property? - Yes ❑No • If yes,Identify the firm and individual providing the service. Studio 3877 S. Is there any other pending or proposed purchaser of the subject property?❑Yes NO • If yes,Identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e i 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?AC Yes 0 No a If yes,identify the company and indhriduai providing the service, Building Resources,Inc. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?f Yes ❑No • if yes,Identify the firm and Individual providing the service. Caliber Design,Inc. S. is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?11 Yes ❑No • If yes,Identify the firm and individual providing the service. Glenn Schoenfeld,Esq. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,)am responWe for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any?public body or committee in connection with this application. Al &N&" Applicant S�nature Print Name and Title Kate Mitchell,Expeditor Date Is the applicant also the owner of the subject property? (]Yes No • If yes,you do not need to fill out the owner disclosure statement. �] No dronm as of DM S�III Oar MaRNapla— -__ Revised 21.09.2020 3 P a g e Continue to Next Page for Owner Disclosure I i Re►+Ised 11-09.2020 4 P g g e Fm W Owner Disclosure Owner Name Venttim Waves Mbted Use,LLC Applicant Name Grill Virginia Beach,LLC Is the Owner a corporation,partnership,firer,business,trust or an unincorporated business? it yes ❑No • If yes,list the names of off officers,directors,members,trustees,etc.below. (Attach a list If necessary) Donna MKMillan-Whitaker,Michael Culpepper,John L Gibson III,Bruce BerfiN Doug Ellis, John Lawson,Joe LaMontegne,Tim �osten,t' .'MiJams,Steven Blshord,John Bisherd,Robert Deacon • If yes,list the businesses that have a parent-subsldiary3 or affiliated business entity`relationship with the Owner. (Attach a list If necessary) Atlantic Park inc.,Venture Realty Group,Venture Realty Group i LLC,Venture Waves LLr.WM Jordan Company,H2O investments LLC,Tree Costen "c mpaNes,8ishar-d Dune oprria &pomtlon,'denture Waves v iwe� ��Sur'LLC Known Interest b�Public Official orEmployee Does an official or employee of the Clty of Virginia Beach have an interest in the subject land or a ny proposed development contingent on the subject public action?❑Yes ff No • If yes,what Is the name of the offldal or employee and what Is the nature of the interest? a'Parent-subsidiary relationshlp'means'a relationship that a fists when one corporation directly or Indirectly owns shams possessing more than 50 percent of the voting power of another corporation.' See State and local Government Conflict of interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(1)one business entity has a controlling ownership Interest In the other business entity,(19 a controlling owner in one entity is also a controlling owner in the other entity,or(iin there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiiated business entity relationship include that the same person or substantially the same person own or manage the two entitles,there are common or commingled funds or assets,the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basks or there Is otherwise a dose working relationship between the entlttes."See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 1 P a g e Owner Senkas Dbdosum I. Does the Owner have any existing financing(mortgage,deeds of trust,crossroilateraliradon,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑No If yes,Identify the financial Institutions providing the service. Fulton Bank,Old Point National Bank,Dollar Sank 2. Does the Owner have areal estate broloer/agent/realtor for current and anticipated future sales of the subject property? ■Yes ❑No 4 a If yes,identify the company and indlvidual providing the service. Venture Realty Group 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,Identify the firm and Individual providing the service. BDO,Forvis 4. Does the Owner have services from an archkeet/landscape architect/land planner provided In connection with the subject of the application or any business operating or to be operated on the property?1, Yes ❑No • If yes,Identify the firm and Individual providing the service. Cooper Carry,WPL 5. Is there any other pending or proposed purchaser of the subject property?0 Yes 110, No • If yes,Identify the purchaser and purchaser's service providers, 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?IN Yes ❑No • If yes,Identify the company and Individual providing the service. WM Jordan,Ruppert,Craft Construction 7, Does the Owner have an engineer/sunreyor/agem in connection with the subject of the application or any business operating or to be operated on the property?39 Yes [3 No a If yes,identify the firm and Individual providing the service. lamley Horn,WPL Revised M.09.2020 6 1 P a g e ite,mr ent , 8. Is the Owner receiving legal ser Aces In connection with the subject of the application or any business operating or to be operated on the property?-PI Yes ❑No, • If yes,identify the firm and individual providing legal the service. Kaufman Canoles Omer Ne-nature I certify that all of the Information contained In this Disclosure Statement Form Is complete,true,and accurate. I understand that;, upon receipt of nodfkation that the application has been scheduled for public hearing,I am responsible for updating the hrtormatlon provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this appiiration. V PJIAF kAo r'S M%-A00 V FC ,"(— Owner Slgnature / %VJAs% 4• t va&A-4 ^Cot Pdrrt Name and Title Manager Date Revised 11.09.2020 7 1 P a g e Y PUBLIC HEARING PARKING FRANCHISE ON CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, November 12,2024 at 6:00 p.m.in the Council Chamber, City Hall - Bldg. M1, at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the proposed grant of a valet parking franchise to East Coast Valet Company,for the following City- owned property: Five(5)parking spaces on the north side of Commerce Street between Central Park Avenue and Market Street,a portion of the pick-up/drop-off area on Market Street to the east of Legal Sea Foods,and space on the sidewalk adjacent to said areas. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at(757) 385-4303; Hearing impaired, call TOO only 711. Any questions concerning this matter should be directed to the Department of Economic Development, Attn: Roosevelt Grandberry,4525 Main Street,Suite 700, Virginia Beach, VA 23462, (757)385-6464,ecdev@vbdev.com. If you wish 'to make comments virtually during the public hearing, please follow the two-step process provided below: •Register for the WebEx at: httj)s://Ybgov.webex.com/weblin /register/r023bcfc2bda739c22dc 06cd3114eaddf •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes@vbgov.com prior to 5:00 p.m. on November 12, 2024. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT:11,/3/24 y IN�C Q) lt~ynpra'"P j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Franchise Agreement for the Use of Portions of Public Right-of-Way at Town Center for Valet Services PUBLIC HEARING: November 12, 2024 MEETING DATE: November 19, 2024 ■ Background: The Town Center Project ("Town Center") has been an ongoing priority of the City of Virginia Beach (the "City"). Town Center is a mixed-use development with public parking located on-street, in one surface lot and in five parking garages. The on-street parking is owned by the City as right-of-way, and the surface lot and parking garages are owned by the City of Virginia Beach Development Authority (the "Authority"). On February 13, 2024, City Staff solicited proposals for the provision of Valet Services at Town Center for up to five years (the "Valet RFP"). One responsive proposal was received from East Coast Valet Company, LLC, a Virginia limited liability company ("East Coast"). An evaluation committee reviewed East Coast's proposal and determined that it was acceptable and recommended that the City approve a franchise agreement for valet services at Town Center to East Coast (the "Franchise Agreement"). East Coast has provided valet services at Town Center under previous franchise agreements since 2013. ■ Considerations: The term of the proposed Franchise Agreement is three (3) years, with two (2) one-year renewal options. The Franchise Agreement would include five (5) parking spaces on the north side of Commerce Street between Central Park Avenue and Market Street, a portion of the pick-up/drop-off area on Market Street east of Legal Sea Foods, and space on the adjacent sidewalks for signage and valet equipment. ■ Public Information: On February 13, 2024, the Valet RFP was posted on Virginia's eProcurement Marketplace (eVA), the Purchasing Department's Bid Board, and solicited directly to 366 vendors. Notice of Public Hearing was advertised in The Virginian-Pilot on November 3, 2024. Public notice will also be provided via the normal City Council agenda process. ■ Alternatives: Approve terms of the Franchise Agreement as presented, alter terms of the Franchise Agreement, or decline to enter into the Franchise Agreement. ■ Recommendations: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: 4�* J I AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A FRANCHISE 3 AGREEMENT FOR THE USE OF PORTIONS 4 OF PUBLIC RIGHT-OF-WAY AT TOWN 5 CENTER FOR VALET SERVICES 6 7 WHEREAS, the Town Center Project (the "Town Center") is an ongoing priority 8 of the City of Virginia Beach (the "City"); 9 10 WHEREAS, on February 13, 2024, City staff issued a request for proposals to 11 find a provider of valet services and to formalize the approval of the use of public 12 property for the provision of valet services at Town Center (the "RFP"); 13 14 WHEREAS, the evaluation committee reviewed the proposal received in 15 response to the RFP and determined that the proposal submitted by East Coast Valet 16 Company, LLC, a Virginia limited liability company ("East Coast"), would be the most 17 advantageous to the City; and 18 19 WHEREAS, City staff recommends awarding a franchise for valet services at 20 Town Center to East Coast (the "Franchise Agreement'). 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager, or his designee, is hereby authorized to execute a 26 Franchise Agreement with East Coast, in accordance with the Summary of Terms 27 attached hereto as Exhibit A and made a part hereof, and such other terms, conditions, 28 and modifications as may be acceptable to the City Manager and in a form deemed 29 satisfactory by the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 32 of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �d�6LAA— EconorW Development City Attorney CA16283 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d019\p048\00980305.doc R-1 October 29, 2024 EXHIBIT A SUMMARY OF TERMS TOWN CENTER—VALET FRANCHISE AGREEMENT FRANCHISOR: City of Virginia Beach FRANCHISEE: East Coast Valet Company, LLC PREMISES (VALET AREA): 1) Five (5) parking spaces on the north side of Commerce Street between Central Park Avenue and Market Street 2) A portion of the pick-up/drop-off area on Market Street To the east of Legal Sea Foods 3) Associated space on the sidewalks adjacent to the parking areas listed above for signage and valet equipment TERM: Three (3) years (12/1/24 through 11/30/27), with two (2) one- year renewal options FRANCHISE FEE: $12,000 annually RIGHTS AND RESPONSIBILITIES OF FRANCHISEE: • Use the Premises for the provision of valet services, and for no other purpose, Monday through Thursday between 5:00 p.m. and 11:00 p.m., and Friday through Sunday between 5:00 p.m. and 12:00 a.m. (midnight). • Keep sidewalks and streets adjacent to the Premises clean and free from trash and debris. • Indemnify the Franchisor for any and all damages to persons and property in connection with the performance of valet services. • Maintain all appropriate licenses and insurance required by state and local codes. • Pay all applicable personal property and leasehold taxes. RIGHTS AND RESPONSIBILITIES OF FRANCHISOR: • Franchisor shall have access to the Premises at any time, without prior notice, in the event of an emergency. • Maintain the right to grant easements and rights-of-way across, in, under and through the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: • The City may terminate the agreement upon thirty (30) days' written notice, for any reason. LOCATION MAP I 4 1 I BANK ST 4500- 4568 BANK ST 4589-4599 `>� rn --------------- M I■ I 1 � rf� t _- � I I ■ I 7� f. I ■ 1 t 1 1 I •' --�- I I 1 I- ^ , - - ,``� �1 MAJN ST 4 I , I I , , I ■I i i I r COMMERCE ST 45 =�459' � COMMERCE ST 4500 - 4519 _ VALETA o X AREAS 3 D m 1 � V CITY OF VIRGINIA Disclosure VB BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application East Coast Valet Company Is Applicant also the Owner of the subject property? Yeso Noe If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? YesO Noo If yes, name Representative: Scott Taylor Is Applicant a corporation, partnership, firm, business,trust or unincorporated business? YeseNoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) [Scott Taylor Does the subject property have a proposed or pending purchaser? Yes U No If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No0 If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, O O cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION APPLICANT DISCLOSURE • - • SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation O Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor O Engineer/Surveyor/Agent O Legal Services O APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Scott Taylor for ECVC October 29, 2024 Applicant Name (Print) Applicant Signature Date 1 'Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code §2.2-3101. 2 "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities; there are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 SECTIONPROPERTY" OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application NA Is the Owner a corporation, partnership,firm, business,trust, or unincorporated business? YesoNoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) A Does the subject property have a proposed or pending purchaser? Yeso Noo If yes, name proposed or pending purchaser: NA KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No 0 If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, O 0 cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 0 Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape 0 0 Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 0 Legal Services 0 0 PROPERTY OWNER CERTIFICATION READ: I certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 1� L Y PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, November 12,2024,at 6:00 p.m.in the Council Chamber,City Hall-Bldg.1,at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the proposed leasing of the following City-owned property located at the Virginia Beach Farmers Market: 1) Building 6,Space 1,consisting of approx.310 sq.ft.of space,to Lisa Preuss, d/b/a Lisa's Tinker Treasures,and 2) Building 6, Spaces 3 & 4, consisting of approx.620 sq.ft.of space to Chapman's Flowers,Inc. d/b/a Chapman's Flowers&Gifts at the Farmers Market If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 3854303; hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works/Real Estate, 2473 N. Landing Road, Building 23, Municipal Center at (757) 3854161, pwrea lestate@vbgov.com. If you wish to make comments virtually during the public hearing,please follow the two-step prooess provided below: •Register for the WebEx at: httos;//vbeov webex corn/weblink/re eister/r023bcfc2bda 739c22dc06cd3 114eaddf •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnesCvbP-vo com prior to 5:00 p.m.on November 12,2024. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk I PILOT-11/3/24 a z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease with Lisa Preuss (d/b/a Lisa's Tinker Treasures) for City-Owned Property Known as Building 6, Space 1 in the Virginia Beach Farmers Market PUBLIC HEARING DATE: November 12, 2024 MEETING DATE: November 19, 2024 ■ Background: The City of Virginia Beach (the "City") issued a Request for Proposals for Space 1 in Building 6 at the Virginia Beach Farmers Market, which consists of approximately 310 sq. ft. of space (the "Premises") and received one submittal from Lisa Preuss (d/b/a Lisa's Tinker Treasures) ("Tinker Treasures"). Tinker Treasures has been leasing the Premises since 2015 and desires to enter into a new lease with the City (the "Lease"). The Premises will be utilized for the sale of handmade jewelry, dreamcatchers, gemstones, beach and nautical themed decor, handmade ornaments, natural stone jewelry, inspirational gifts, and handmade acrylic flow paintings, and for no other purpose. ■ Considerations: The initial term of the Lease is for two (2) years and six (6) months, with two (2) additional one-year renewal options, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with 180 days' notice if needed for a public purpose. For more specific terms, see Summary of Terms attached to the Ordinance. Typically leases at the Farmers Market run for terms of up to 5 years, including renewals. The initial term of this Lease is for two years and six months rather than three years so that the Lease stays on the same schedule as other leases at the Farmers Market. ■ Public Information: A public hearing was advertised on November 3, 2024, in The Virginian-Pilot. Public notice provided via the normal City Council agenda process. ■ Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estat j* City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE WITH LISA PREUSS (D/B/A 3 LISA'S TINKER TREASURES) FOR CITY-OWNED 4 PROPERTY KNOWN AS BUILDING 6, SPACE 1 IN THE 5 VIRGINIA BEACH FARMERS MARKET 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 8 Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, Virginia (the 9 "Farmers Market"); 10 11 WHEREAS, the City issued a Request for Proposals for Space 1 in Building 6 at 12 the Farmers Market, which consists of approximately 310 sq. ft. of space (the 13 "Premises") and received one submittal from Lisa Preuss (d/b/a Lisa's Tinker 14 Treasures) ("Tinker Treasures"); 15 16 WHEREAS, Tinker Treasures has leased the Premises since 2015 and desires 17 to enter into a new lease with the City; 18 19 WHEREAS, the Premises will be utilized for the sale of handmade jewelry, 20 dreamcatchers, gemstones, beach and nautical themed d6cor, handmade ornaments, 21 natural stone jewelry, inspirational gifts, and handmade acrylic flow paintings, and for no 22 other purpose; and 23 24 WHEREAS, Tinker Treasures has agreed to pay the City rent in the amount of 25 $535.00 per month for the first six months of the term ($6,420.00 annualized), with a 26 five percent (5%) annual rent escalation beginning July 1, 2025 and each year 27 thereafter. 28 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager is hereby authorized to execute a lease for up to 4 years 33 and 6 months between Lisa Preuss (d/b/a Lisa's Tinker Treasures) and the City for the 34 Premises, in accordance with the Summary of Terms, attached hereto as Exhibit A and 35 made a part hereof, and such other terms, conditions or modifications as may be 36 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 39 12024. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM AiWork A bls Real Estate CA16275 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d025\p045\01001553.doc R-1 October 29, 2024 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Lisa Preuss (d/b/a Lisa's Tinker Treasures) PREMISES: Building 6, Space 1 , consisting of 310+/- square feet TERM: January 1, 2025 through June 30, 2027, with two (2) additional one- year renewal options. RENT: Initial rent of$535.00 per month for the first six months of the Term ($6,420.00 annualized), with five percent (5%) annual escalation beginning July 1 , 2025 and each year thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of handmade jewelry, dreamcatchers, gemstones, beach and nautical themed decor, handmade ornaments, natural stone jewelry, inspirational gifts, and handmade acrylic flow paintings, and for no other purpose. • Maintain in good condition and repair the electrical systems serving the Premises, including existing outlets and installation of additional outlets. • Maintain the Premises in good condition and repair, clean and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors and foundation. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving one hundred eighty (180) days' advanced written notice to the Lessee, upon action by City Council. The Lessee has the right to terminate for any reason by giving ninety (90) days' advanced written notice to the City. LOCATION MAP r -_ Open �f ,Caolr}26 27 WAS K WAe i 20 1f ti tT 1f1. UI1212 11�U f • 7 f 5�A \ �f 7 f 5 A 2 2 1 I /! wxw ..�.m..` R f 10 11 12 15 U U 14 17 �Resteurf cr_LU z N ft U) Ui ed 0 DAM NECK RD 3640 Dam Neck Road, Building 6, Space 1 Virginia Beach, VA 310 sq. ft. Retail Space - Tow; VB irglma Head) APPLICANT'S NAME Lisa Preuss (d/b/a Lisa's Tinker Treasures DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of city Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special investment Program Changes Exception for (EDIP) Boardof Zonma Encroachment Request Rezoning .Appeals Certificate of Eloodplain Variance Appropriateness Street Closure Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under-Virglnia law. SECTION 1 / APPLICANT DISCLOSURE FOR CFFV USE ONLI'r'A. b^�asc:<c; u ie)wr4;p-iar:o a^g Page t of 7 c h��i� Ce^+m•:IOn lt' cr.a 7 Ina•n :-.e:bri a2 ana!a n.' APFLKAKT NOWIED OF HEa RING NO VISIONS AS Of R£Vtc1ON;8V611T'i"FED 24 'VB 1'irginim Beach Check here if the APPUC4YT IS NOT acore-at�r, oarnership, firrr,. business,cr cti er unincerpore-tec crganiza:io^. dCheck here if the APPLICANTS a cc-varatioc, partnership, firm, busifiess, or other uninccrparated crganizan-on. (A) List the Applicant's r,a^-e:0 Sa- Fre y S S ' if an ilC,list all memoor's names- If a MMRATION,list tie the names of ail officers,direors,members, trustees, etc-belaw: (Attach list if necessary,'. (B) last the b:;stnesses that have a parent-subsidiary' or W1liated business entity 2 relatonsi"ip w th the Applicant:(Atwr*list if necessary) See next page for information pertaining to tootnotes' and SECTION 2 / PROPERTY OWNER DISCLOSURE ConTp;ete Section 2 x v ff iwayem,o;vnei-is di9'ei ent fi ont Aoulican Check here if the PROPERTY 4t41v R I NOTa Lore-a.ic partnership,firm, business,or cther uninoc.1watec crganiza*or.. Check here it the PROPERTY OWNER IS a corporation,partnership,firm, business,or otJr.er unincorpomec organizati 3n, AND THEN.complete the tollovnng. (A) fast the Property Owners name:_ _-- if as U.C.i s*t the member's names: ?age 2 of 7 25 virgittic,Bench If a Corporation;list the names ofall offters,directors,members,trustees. etc.below. !Arroch lis.,if nix-essary (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner. (Attach list if necessary) t 'Parent-subsidlary relationship'means 'a relationship that exists when oae corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation See state and Local Goverment Confict of hiterests Act,Vs Code S 2.23101, 2 'Affiliated business entity relationship' means 'a relationship, other than partrit•subsl4tary relationship,that exists when l0 one business entity has a controlling ownership interest in the other business entity,NO a controlling owner in one entity is also a controlling owner in the other entity,or 6h) there is shared management or control between the business entities, Factors that should be considered in determining the existence of an afRiated business entity relationship include that the same person or substantially the same person own or manage the two enthles;there are common or commingled funds or assets.the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities'Ste State and Local Govemmertt Conflict of interests Act, Va.Code S 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Pro eriv. if the answer to any item is YES, please identify the firm or individual providing the service_ IF THE OWNER AND APPUCAtdT ARE DIFFERENT, EACH MUST COMPi.i=TE THE SECTi0N SEPERATELY 26 APPLICANT_ �Wginia Rem YES C SERVICE —� ( OVI[7ER ius� dao'a skew if Accounting and/or preparer of d your tax return Architect 1 Landscape Architect ,,,••• ,,, Land Planner ❑ Contract Purchaser(if other than the Applicant►-identify p� urchaser and purchaser's service providers ElAny other pending or proposed purchaser of the subject property (identify purchaser's)and purchaser's service providers) Construction Contractors Engineers/surveyors/Agents Financing(include current ❑ tom( mortgage holders and lenders �f selected or being considered to provide financing for acquisition or construction of the property) dLegal Services Real Estate Brokers; dAgents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an officia!or employee of the City of Virginia Beach have ❑ r-f an interest in the subject land or any proposed development 1�JJ contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 27 i Mrgiria Benrh FCER-nFICATION:TION: t all of the information contained in this Disclosure Statement Form is rue,and accurate. nd that, upon receipt of notification that the application has been for public hearing, 1 am responsible for updating the information erein two weeks prior to the Planning Commission, Council, VRDA meetng, or meeting of any public body or committee in connection with this A lication_ Lrsa f ss S-4-2W G '.A% SIS%AT;M PRINT NAME JkTT. PageSofi 28 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease with Chapman's Flowers, Inc. (d/b/a Chapman's Flowers & Gifts at the Farmers Market) for City-Owned Property Known as Building 6, Spaces 3 & 4 in the Virginia Beach Farmers Market PUBLIC HEARING DATE: November 12, 2024 MEETING DATE: November 19, 2024 ■ Background: The City of Virginia Beach (the "City") issued a Request for Proposals for Spaces 3 & 4 in Building 6 at the Virginia Beach Farmers Market, which consists of approximately 620 sq. ft. of space (the "Premises") and received one submittal from Chapman's Flowers, Inc., a Virginia corporation (d/b/a Chapman's Flowers & Gifts at the Farmers Market) ("Chapman's Flowers"). Chapman's Flowers has been leasing the Premises since 2003 and desires to enter into a new lease with the City (the "Lease"). The Premises will be utilized for the sale of annuals, herbs, vegetables, seasonal garden items such as Christmas trees and pumpkins, local honey, jams, produce, nuts, nautical gifts, seashells and jewelry, and for no other purpose. ■ Considerations: The initial term of the Lease is for two (2) years and six (6) months, with two (2) additional one-year renewal options, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with 180 days' notice if needed for a public purpose. For more specific terms, see Summary of Terms attached to the Ordinance. Typically leases at the Farmers Market run for terms of up to 5 years, including renewals. The initial term of this Lease is for two years and six months rather than three years so that the Lease stays on the same schedule as other leases at the Farmers Market. ■ Public Information: A public hearing was advertised on November 3, 2024, in The Virginian-Pilot. Public notice provided via the normal City Council agenda process. ■ Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate; �,) 7 City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE WITH 3 CHAPMAN'S FLOWERS, INC. (D/B/A CHAPMAN'S 4 FLOWERS & GIFTS AT THE FARMERS MARKET) 5 FOR CITY-OWNED PROPERTY KNOWN AS 6 BUILDING 6, SPACES 3 & 4 IN THE VIRGINIA 7 BEACH FARMERS MARKET 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 10 Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, Virginia (the 11 "Farmers Market"); 12 13 WHEREAS, the City issued a Request for Proposals for Spaces 3 & 4 in Building 14 6 at the Farmers Market, which consists of approximately 620 sq. ft. of space (the 15 "Premises") and received one submittal from Chapman's Flowers, Inc., a Virginia 16 corporation (d/b/a Chapman's Flowers & Gifts at the Farmers Market) ("Chapman's 17 Flowers"); 18 19 WHEREAS, Chapman's Flowers has leased the Premises since 2003 and 20 desires to enter into a new lease with the City; 21 22 WHEREAS, the Premises will be utilized for the sale of annuals, herbs, 23 vegetables, seasonal garden items such as Christmas trees and pumpkins, local honey, 24 jams, produce, nuts, nautical gifts, seashells and jewelry, and for no other purpose; and 25 26 WHEREAS, Chapman's Flowers has agreed to pay the City rent in the amount of 27 $1 ,200.00 per month for the first six months of the term ($14,400.00 annualized), with a 28 five percent (5%) annual rent escalation beginning July 1 , 2025 and each year 29 thereafter. 30 31 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 32 OF VIRGINIA BEACH, VIRGINIA: 33 34 That the City Manager is hereby authorized to execute a lease for up to 4 years 35 and 6 months between Chapman's Flowers, Inc., a Virginia corporation (d/b/a 36 Chapman's Flowers & Gifts at the Farmers Market) and the City for the Premises, in 37 accordance with the Summary of Terms, attached hereto as Exhibit A and made a part 38 hereof, and such other terms, conditions or modifications as may be acceptable to the 39 City Manager and in a form deemed satisfactory by the City Attorney. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 42 2024. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM �()"/�r \- cx-n C or ey P bli orks / eal Estate CA16277 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d025\p045\01001573.doc R-1 October 25, 2024 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Chapman's Flowers, Inc. (d/b/a Chapman's Flowers & Gifts at the Farmers Market) PREMISES: Building 6, Spaces 3 & 4, consisting of 620+/- square feet TERM: January 1, 2025 through June 30, 2027, with two (2) additional one- year renewal options. RENT: Initial rent of $1,200.00 per month for the first six months of the Term ($14,400.00 annualized), with five percent (5%) annual escalation beginning July 1 , 2025 and each year thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of annuals, herbs, vegetables, seasonal garden items such as Christmas trees and pumpkins, local honey, jams, produce, nuts, nautical gifts, seashells and jewelry, and for no other purpose. • Maintain in good condition and repair the electrical systerns serving the Premises, including existing outlets and installation of additional outlets. • Maintain the Premises in good condition and repair, clean and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors and foundation. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving one hundred eighty (180) days' advanced written notice to the Lessee, upon action by City Council. The Lessee has the right to terminate for any reason by giving ninety (90) days' advanced written notice to the City. LOCATION MAP MILO Ceder �j 27 /23 ZY 23 36 37 M1, 2a lalull7lu ululul III tal' \� �t 7 C S A 3 2 1 C/ Bldg.4 l / y a ta•a 10• .,,��� R a fa 11 12 13 1t 13 1i 17 C y E- �, \Renews z — �\ n w Z DAM NECK RD 3640 Dam Neck Road, Building 6, Spaces 3 & 4 Virginia Beach, VA 620 sq. ft. Retail Space VBCITY OF VIRGINIA Disclosure BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION APPLICANT INFORMATION CWW*' d`Fi�w�S Applicant Name: �aslistedonapplication Owve wkh""JS if't.�n►JL`iR S t3 A �A= Irk r Is Applicant also the Owner of the subject property? Yeso Noe If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? YesC) No(a If yes, name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes)&Noo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary' or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in hq subject land or any proposed development contingent on the subject public action? Yeso Noy If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Financing(mortgage, deeds of trust, cross-col lateral ization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION APPLICANT ■ 1 continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 Architect/Designer/Landscape © - Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three eeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any pub c bad or committee in connection with this application. k( lk 0 fijWUfqV (�A.v -aa :;*4 Applicant Name(Print) Applicant Signat re Dat 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship, other than parent-subsidiary relationship, that exists when N one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): MI XV z� Staff Nam Print) tall Ognature Da e Disclosure Statement I rev. May-2024 page 2 of 3 K. FORMAL SESSION AGENDA 1. CONSENT AGENDA L. ORDINANCES/RESOLUTIONS 1. Resolution to DESIGNATE General Street in the New Light Community re in Memory of George L. Kimble(requested by the City Council) 2. Ordinance to AMEND Section 35-35 of the City Code re equalization of assessments (requested by the Board of Equalization) 3. Resolution to ADOPT the City's 2025 Legislative Agenda 4. Resolution to REQUEST the General Assembly Amend the City Charter re implement a ten- single member district election system 5. Ordinance to AUTHORIZE the acquisition of temporary and permanent easements, either by agreement or condemnation re the Bus Stop Infrastructure and Accessibility Improvements Phase 9A Project, CIP 100050.009A 6. Ordinance to EXTEND the date for satisfying the conditions in the matter of Whitney W. Elliot re closure of one-half of an unimproved, unnamed alley adjacent to the rear of 218 55th Street,Unit B 7. Ordinance to EXTEND the date for satisfying the conditions in the matter of Matthew E. Mancoll and Robin A. Mancoll re closure of one-half of an unimproved, unnamed alley adjacent to the rear of 219 541h Street 8. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned right-of- way known as Artic Avenue for Grill Virginia Beach, LLC at Atlantic Park re construct and maintain a patio, fixed railing, planter boxes, pergola/trellis support posts and concrete footers DISTRICT 6 9. Ordinance to AUTHORIZE temporary encroachments into portions of City right-of-way known as 20t' Street for Mi Vida Virginia Beach, LLC, at Atlantic Park re construct and maintain a patio, railing, pergola, and support posts and concrete footers DISTRICT 6 10. Ordinance to AUTHORIZE temporary encroachments into a 100-foot City-owned drainage easement and a 5-foot City-owned drainage and utility easement located at the rear of 5345 Fairfield Boulevard re construct and maintain a timber pier with an L-Head and maintain an existing timber shed DISTRICT 1 11. Ordinance to ACCEPT and APPROPRIATE $451,360 from the Virginia Early Childhood Foundation and Old Dominion University Research Foundation to the FY 2024-25 Parks and Recreation Operating Budget re support programs focused on expanding access to preschool services 12. Ordinance to ACCEPT and APPROPRIATE $322,515 from the Virginia Department of Behavioral Health and Development Services to the FY 2024-25 Human Services Operating Budget re workforce initiatives 13. Ordinance to APPROPRIATE $2,535,000 from the Fund Balance of the General Fund re provide interest free loans to the volunteer rescue squad for the purchase of ambulances and equipment to outfit the ambulances 14. Ordinance to APPROPRIATE $430,659 from the Technology Trust Fund to FY 2024-25 the Clerk of the Circuit Court Operating Budget re support technological related needs and upgrades 15. Ordinance to APPROPRIATE $31,410 in Private Dredging Revenue to the Capital Improvement Program Project #100550 "Shadowlawn Area Dredging II" re access basin dredging agreements IA. 1'�'��yy�fjlt er CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Designating General Street in the New Light Community in Memory of George L. Kimble MEETING DATE: November 12, 2024 ■ Background: George L. and Alcora Kimble were the parents of twelve children born in the New Light community, of which ten survived. The Kimble Family, in 1936, moved to a dirt road in the New Light community to settle the family on land they had purchased, on a road with no name. Mr. George L. Kimble and his children kept the road passable by collecting oyster shells to fill any potholes on that dirt road for many years. Mr. George L. Kimble had to walk each day to pick up mail from the only mailbox, then located on Indian River Road. Mr. George L. Kimble was a Sunday school teacher, the President of the Deacon Board for New Light Baptist Church, and a member of the New Light Civic League. Mr. George L. Kimble kept the weeds and the bushes pruned at the New Light Cemetery. Mr. George L. Kimble was employed at the Norfolk Naval Air Station until he retired. Mr. George L. Kimble visited the entire neighborhood in the New Light community to wish every family a Merry Christmas and a Happy New Year. As a farmer, he raised various types of vegetables and donated some of his crops to any family that he thought was in need in the New Light community. When the street was paved, the name, "General Street," was given to their beloved dirt road, which was a great disappointment to the entire Kimble family who had lived and cared for this dirt road for so many years and were not provided the opportunity to have the family name assigned to the road. The oldest daughter, Otealia Kimble Jennings, is a retired teacher, who was honored as first Black teacher to integrate Courthouse Elementary School in the City, during segregation and integration, and who is still sharing her beautiful voice and playing piano professionally, at age 93. Otealia Kimble Jennings' student life story and photo are in the Virginia State University's 2023 Oral History book in the Library of Congress, Washington, D.C. Otealia Kimble Jennings wishes to see her father, George L. Kimble, who paid for her college education and took meticulous care of the dirt road, to receive posthumously, an honorary street sign in the New Light community. ■ Considerations: The attached resolution designates General Street in the New Light Community in memory of George L. Kimble and his many accomplishments in support of the New Light Community and hereby directs the City Manager to cause signs in honor of George L. Kimble to be erected on street signs along General Street. ■ Public Information: Normal Council agenda process. ■ Attachments: Resolution Requested by the City Council REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION DESIGNATING GENERAL STREET IN 2 THE NEW LIGHT COMMUNITY IN MEMORY OF GEORGE 3 L. KIMBLE 4 5 WHEREAS, George L. and Alcora Kimble were the parents of twelve children 6 born in the New Light community, of which ten survived; 7 8 WHEREAS, the Kimble Family, in 1936, moved to a dirt road in the New Light 9 community to settle the family on land they had purchased, on a road with no name; 10 11 WHEREAS, Mr. George L. Kimble and his children kept the road passable by 12 collecting oyster shells to fill any potholes on that dirt road for many years; 13 14 WHEREAS, Mr. George L. Kimble had to walk each day to pick up mail from the 15 only mailbox, then located on Indian River Road; 16 17 WHEREAS, Mr. George L. Kimble was a Sunday school teacher, the President 18 of the Deacon Board for New Light Baptist Church, and a member of the New Light 19 Civic League; 20 21 WHEREAS, Mr. George L. Kimble kept the weeds and the bushes pruned at the 22 New Light Cemetery; 23 24 WHEREAS, Mr. George L. Kimble was employed at the Norfolk Naval Air Station 25 until he retired; 26 27 WHEREAS, Mr. George L. Kimble visited the entire neighborhood in the New 28 Light community to wish every family a Merry Christmas and a Happy New Year; 29 30 WHEREAS, as a farmer, he raised various types of vegetables and donated 31 some of his crops to any family that he thought was in need in the New Light 32 community; 33 34 WHEREAS, when the street was paved, the name, "General Street," was given 35 to their beloved dirt road, which was a great disappointment to the entire Kimble family 36 who had lived and cared for this dirt road for so many years and were not provided the 37 opportunity to have the family name assigned to the road; 38 39 WHEREAS, the oldest daughter, Otealia Kimble Jennings, is a retired teacher, 40 who was honored as first Black teacher to integrate Courthouse Elementary School in 41 the City, during segregation and integration, and who is still sharing her beautiful voice 42 and playing piano professionally, at age 93; 43 44 WHEREAS, Otealia Kimble Jennings' student life story and photo are in the 45 Virginia State University's 2023 Oral History book in the Library of Congress, 46 Washington, D.C.; and 47 48 WHEREAS, Otealia Kimble Jennings wishes to see her father, George L. Kimble, 49 who paid for her college education and took meticulous care of the dirt road, to receive 50 posthumously, an honorary street sign in the New Light community; 51 52 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 53 OF VIRGINIA BEACH: 54 55 That the City Council hereby designates General Street in the New Light 56 Community in memory of George L. Kimble and his many accomplishments in support 57 of the New Light Community and hereby directs the City Manager to cause signs in 58 honor of George L. Kimble to be erected on street signs along General Street. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of 2024. APPROVED AS TO LEGAL SUFFICIENCY: w �__D-,:��� City Attorney's Office CA16673 R-1 October 21, 2024 Hu i. t r� � t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 35-35 of the City Code Pertaining to Equalization of Assessments MEETING DATE: November 12, 2024 ■ Background: The Board of Equalization (the "BOE"), which is established by the City's Charter and appointed by the circuit court, is authorized to revise, correct and amend assessments of real estate. The current deadline to receive applications for BOE appeals is August 30. At its hearing on October 17, 2024, the BOE adopted a motion requesting an ordinance be drafted and presented to the City Council in November. The Board desires to move its application deadline date from August 30 to June 30. The Board noted that its workload has quadrupled in the current fiscal year, which has pushed its hearing calendar into early 2025. The Board expressed its belief that the June 30 date should allow it to complete its work prior to the end of the calendar year. In addition to the Board's workload, the City Code requires the Real Estate Assessor (REA) complete the annual reassessment process by January 31St. There is a desire by both the Board and the REA to avoid overlapping processes wherein the Board is equalizing the current fiscal year while the REA is completing assessments for the subsequent fiscal year. ■ Considerations: Relevant state law allows the City Council to establish the application date for appeals to a board of equalization provided such application date is not earlier than 30 days after the administrative appeal deadline to the REA. The City Code provides for administrative appeals to the REA between March 15 and April 30. Assessment notices are mailed by March 1st ■ Public Information: Normal Council agenda process. ■ Attachments: Ordinance Requested by the Board of Equalization REQUESTED BY THE BOARD OF EQUALIZATION 1 AN ORDINANCE TO AMEND SECTION 35-35 2 OF THE CITY CODE PERTAINING TO 3 EQUALIZATION OF ASSESSMENTS 4 5 SECTION AMENDED: § 35-35 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 35-35 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 35-35. Equalization of assessments. 14 15 (a) In order to equalize assessments of real estate annually, the city real estate 16 assessor shall hold hearings between March fifteenth and April thirtieth of each year, or 17 as often as may be necessary as determined by the city real estate assessor, for the 18 purpose of receiving such evidence as may be presented to him by any taxpayer with 19 respect to the inequality of his assessment made during the twelve-month period ending 20 January thirty-first last ensuing. Any taxpayer feeling aggrieved by any such assessment 21 of his property may apply to the city real estate assessor for the equalization thereof on 22 forms provided by the city real estate assessor for that purpose. 23 24 .. 25 26 (e) The board of equalization shall have the powers to revise, correct and 27 amend any assessment of real estate, other than real estate assessable by the state 28 corporation commission. The board shall begin hearing assessment appeals the first 29 Thursday in July of each year. An application for appeal to the board must be received 30 by <ins> June <ins> <del> August <del> 30 of the year in which the assessment was 31 made. The city real estate assessor shall include this deadline in the notice of 32 assessment. Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day of 2024. APPROVED AS TO LEGAL SUFFICIENCY: City ttorney's Office CA16672 R-1 October 30, 2024 V*R. B t y f�z z : CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adopting the City's 2025 Legislative Agenda MEETING DATE: November 12, 2024 ■ Background: The City Council approves a Legislative Agenda to the General Assembly each year. This Agenda provides the Virginia Beach delegation with positions of the City Council on funding, legislation, public safety, and other issues that may be brought before the General Assembly. ■ Considerations: This Agenda was prepared based on input from Council Members, Department Directors, and the City Council's appointed boards and commissions. On September 19, 2023, the City Council adopted a policy regarding the vote upon the Legislative Agenda. For non-charter items, approval requires an affirmative vote of two- thirds of the members of the City Council. ■ Public Information: A discussion was held with the City Council during public meetings on October 1 and October 23, 2024. Public comment on the Legislative Agenda was received by the Council during its October 15, 2024, formal meeting. ■ Attachments: Resolution; 2024 Legislative Agenda; City Council Policy The 2025 Legislative Agenda is presented to the City Council pursuant to the policy adopted September 19, 2023. 1 A RESOLUTION ADOPTING THE CITY'S 2025 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2025 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2025 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor or support legislation in the 2025 Session of the General Assembly that would 22 carry out the goals and objectives of the City as set forth in its Legislative Agenda. 23 24 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 That the City Clerk is hereby directed to transmit a copy of this resolution to each 28 member of the City's local Delegation to the General Assembly. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia, this 31 day of 2024. Requires a two-thirds affirmative vote by the members of the City Council. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Brent fi4c`>Lenzie City Manager's Office City torney's Office CA16678 R-1 October 30, 2024 tA"BEt _= City Council Policy AVR Title: Legislative Agenda Process and Adoption Requirements Date of Adoption: Sept. 19,2023 Date of Revision:N/A Page 1 of 2 1.0 Purpose and Need The City Council desires to convey legislative requests and policy positions to the Virginia General Assembly that may be considered during the General Assembly session.These requests and policy positions are communicated to the General Assembly through the City Council's annual General Assembly Legislative Agenda. The purpose of this policy is to provide guidance regarding the adoption of that Legislative Agenda. This policy addresses the particular procedures required for the City Council to propose a legislative agenda item for consideration, to initiate a request to amend the City Charter, and the process to approve the adoption of the General Assembly Legislative Agenda. As a general matter, the City Council prefers its Legislative Agenda avoid national concerns that are not germane to the business of the City and the City Council. 2.0 Requirements for the Initial Draft of the Legislative Agenda A draft Legislative Agenda shall be presented by the City's Legislative Liaison in satisfactory draft form to City Council by October 15 of each year. A legislative agenda item for the draft legislative agenda may be proposed in one of three manners: 1. Proposed by the Mayor 2. Proposed by at least three members of the City Council 3. Proposed by a City Department and approved by the City Manager If one or more members of the City Council is a liaison to a board or commission, it is typical for this member to be one of the three sponsors for a legislative request originating from such board or commission. A request to add an item to the Legislative Agenda shall be made to the City Manager and the City's Legislative Liaison.The City Manager and the City's Legislative Liaison will prepare a first draft of the Legislative Agenda to be presented to the City Council. After the first presentation of the draft Legislative Agenda, a public comment shall be placed on a City Council meeting agenda to receive the input of the residents upon the draft Legislative Agenda. 3.0 The Legislative Agenda After receipt of input from the residents, the City Manager shall provide an opportunity for the City Council to discuss the Legislative Agenda at an Informal Session or Workshop meeting. The members shall be provided an opportunity to ask questions and seek input from the City Staff. At the conclusion of such meeting, the City Council may provide direction to the City Manager regarding items to be included or removed from the initial draft of the Legislative Agenda. Thereafter, the City Manager shall place the Legislative Agenda on the City Council's agenda to allow formal consideration of the Legislative Agenda. 4.0 Policy for Adoption of the Legislative Agenda The City Council may adopt the Legislative Agenda in a single motion in a manner that is analogous to the City Council's adoption of its consent agenda. Any single member may request an item be pulled from the Legislative Agenda to be considered individually.The City Council hereby imposes upon itself a requirement that the Legislative Agenda, as a whole or individual agenda items, require an affirmative vote of two-thirds of the members of the City Council. Title: Legislative Agenda Process and Adoption Requirements Date of Adoption: Date of Revision: N/A Page 2 of 2 5.0 Post-adoption Supplement(s)to the Legislative Agenda At any time after the adoption of the Legislative Agenda,the Mayor or any combination of three(3) members of the City Council may make a request to supplement the Legislative Agenda. The form of such supplement shall be a resolution to add an item to the Legislative Agenda. The vote threshold required for such resolution is an affirmative vote of two-thirds of the members of the City Council. In addition, after the adoption of the legislative agenda, during the course of the General Assembly session, the Legislative Liaison may request that the City Council take a position on proposed legislation or budget amendments that are up for consideration. 6.0 City Charter Amendment Process Pursuant to the Code of Virginia, a request by the City Council to the General Assembly to amend the City Charter requires either a public hearing or a referendum. Any referendum request shall be made by the City Council at least 81 days prior to the November election in compliance with Virginia Code§ 24.2-682(B). The Mayor or the combination of any three (3) members of the City Council may request the placement of an advertisement in the newspaper for a public hearing to amend the City Charter. This request can be made in writing and a copy of the request shall be provided to all members of the City Council. Upon receipt of such request,the City Attorney in coordination with the City Clerk and the City's Legislative Liaison shall prepare the appropriate notice for the newspaper and scheduling of the public hearing. A request to amend the City Charter may be included in the draft Legislative Agenda, but the adoption of such request shall be by separate resolution. While unanimity is preferred, the City Council hereby imposes upon itself a requirement that such resolution be adopted by an affirmative vote of three-fourths of the members of the City Council. If adopted, the request to amend the City Charter, the publisher's affidavit, and a certified copy of the City Council's minutes shall be available to the General Assembly in compliance with Virginia Code§ 15.2-202. GENERAL L g * lat * Agenda e is ive %Ap Alk icit 4 ^' 1 _ Y ./.- ,. ,} . . . . . IBM i rr run f n ttl its a c j�R1 p, lllAlli�.l� N' 7AIC os�� IIfw1 n f p r JHu.ti �� P SC. Proposed Version October ,ati . � Table of Contents POLICY PRIORITIES 3 Affordable Housing 3 Economic Development 3 Education 4 Energy 4 Fiscal Responsibility and Budget Impacts 5 Flooding and Stormwater 5 Land Use 6 Public Safety 6 Transportation 7 CITY CHARTER AMENDMENTS 8 Ten Single-Member Election System Adopted by City Council 8 VIRGINIA CODE AMENDMENTS 12 Amend Code to Reflect Election System Adopted by Council 12 "Good Friday" First Responders Fund 14 ABC Store Larcenies 15 Increase the Fire Programs Fund 16 Property Title Report in Eminent Domain Proceedings 17 Obstruction of Right-of-Way Violations 18 Low-impact Utility Markings 19 Short-Term Rentals 20 RESOLUTION 21 Zero Waste Awareness Week 21 STATE BUDGET REQUESTS 22 Commonwealth Individual Assistance(IA) Program Study 22 Virginia Aquarium & Marine Science Center Renovation/Expansion 23 2 N ' -�- POLICY PRIORITIES Affordable Housing The City of Virginia Beach seeks to address the growing need for affordable housing with the goal to ensure that all residents have access to safe, high quality, and affordable housing and to promote inclusive and diverse communities. • Because every locality has its unique challenges, the City of Virginia Beach encourages the General Assembly to provide funding, incentives, and policy flexibility to allow localities to tailor solutions that will fit their communities while maintaining the ability to control land use decisions at the local level. • The City of Virginia Beach supports the renewal of the Virginia Housing Opportunity Tax Credit that is set to expire in December of 2025 and an increase in the annual cap from $60 million to $100 million. • The City of Virginia Beach supports the passage of a Constitutional Amendment that gives localities, at their discretion, the authority to create tax abatement programs to support affordable housing projects. Economic Development The City of Virginia Beach aims to implement a dynamic and forward-thinking economic development strategy designed to foster sustainable growth, enhance economic diversification, and promote innovation. • The City of Virginia Beach encourages the General Assembly to support local and regional efforts to attract and retain talent that will support the growing workforce needs of Hampton Roads. • The City of Virginia Beach encourages the General Assembly to support initiatives that provide funding, incentives, and policy flexibility that aligns with the City's economic growth strategy for redevelopment and revitalization, including additional funding for the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund. • The City of Virginia Beach requests support from the General Assembly to increase access to affordable childcare. 3 � r 2 �.. POLICY PRIORITIES Education The City of Virginia Beach seeks to support the Virginia Beach School Board's efforts to enhance educational resources, teacher support, and student development to foster a robust educational environment and prepare students for future success. • The City of Virginia Beach encourages the General Assembly to implement reforms to increase the Commonwealth's share of education funding as was identified in the 2024 MARC study regarding Virginia's K-12 Funding Formula, including eliminating staffing caps and addressing compensation gaps for teachers and support staff. • The City of Virginia Beach supports efforts by the General Assembly to provide additional funding to support school construction, including efforts to ensure that Virginia Lottery Funds are utilized to enhance education funding, not supplant existing needs and allocations. As construction costs continue to increase, it is critical that localities have support from the Commonwealth to continue to modernize our school facilities. • The City of Virginia Beach supports efforts to ensure that Virginia Lottery Funds are utilized to enhance education funding, not supplant existing needs and allocations, including increasing the share of lottery funds utilized for school construction. Energy The City of Virginia Beach seeks to establish a forward-looking multi-pronged energy policy designed to enhance energy sustainability, reliability, and resilience. This policy aims to integrate renewable energy sources, improve energy efficiency, and prepare for future energy demands while reducing the city's carbon footprint. • The City of Virginia Beach supports efforts by the General Assembly to reduce the cost and administration of renewable energy interconnectivity at municipal facilities. • While the City of Virginia Beach supports the Commonwealth's goals to increase the use of clean energy, it is critical to recognize the potential impact utility scale energy projects have on communities and localities. Because of these potential impacts, the City of Virginia Beach encourages the General Assembly to continue to support the authority of localities to regulate the siting and development of energy facilities. 4 a POLICY PRIORITIES Fiscal Responsibility and Budget Impacts The City of Virginia Beach seeks to address fiscal challenges and annual budgetary impacts in a responsible manner that effectively meets essential services and community needs. • The City of Virginia Beach requests that the General Assembly refrain from capping, removing, or restricting local government revenue sources without replacing the source with a sustainable revenue source of equal rate. • The City of Virginia Beach requests that the General Assembly refrain from creating additional unfunded mandates. City staff have identified more than 75 mandates from the state and federal governments that have created an unfunded burden of more than $125 million annually. • The City of Virginia Beach requests that the Commonwealth provide financial support to fill the gaps created by the Commonwealth for the Veterans 100% disabled tax relief program. • The City of Virginia Beach requests that the General Assembly provide local government essential taxing and regulatory authority, as they create new revenue streams for Commonwealth. Flooding and Stormwater The City of Virginia Beach aims to improve resilience to flooding, enhance stormwater infrastructure, and promote sustainable practices to mitigate the impacts of extreme weather events and climate change. • The City of Virginia Beach requests that the Commonwealth develop a state funding program to support the non-federal match requirements of localities for federal grants that support large-scale flood relief projects. Multiple localities in the Hampton Roads region will soon join the City of Norfolk with a completed U.S. Army Corps (USACE) Coastal Storm Risk Management(CSRM)study and with tens of millions of dollars in obligated matching funds to implement the coastal resilience solutions that are developed by the studies. • The City of Virginia Beach supports continued investment in the Storm Water Local Assistance Fund(SLAT) for improvements and installation of effective storm water management controls. • The City of Virginia Beach supports increased funding for the Community Flood Preparedness Fund and requests that the fund provide funding through grants rather than loan programs. 5 y POLICY PRIORITIES Land Use The City of Virginia Beach aims to utilize a comprehensive land use and development strategy to guide sustainable growth, optimize land utilization, and enhance the quality of life for its residents. • The City of Virginia Beach requests that the General Assembly refrain from passing legislation that would reduce or eliminate the authority of the Commonwealth's localities from making their own land use decisions. • The City of Virginia Beach supports preserving local authority to regulate short term rentals and to enhance enforcement of those regulations, including greater authority to localities to enforce their zoning ordinances as they relate to short term rentals. • The City Council is opposed to any legislation that compels localities to allow short term rentals, limits the ability of localities to regulate short term rentals, overrides local authority for short term rental land use or planning, or limits the ability of localities to collect the appropriate taxes associated with short term rentals. Public Safety The City of Virginia Beach seeks to ensure a safe and healthy community for residents and visitors through proactive measures, enhanced technology, and increased resources. • The City of Virginia Beach requests that the General Assembly prioritize increased dedicated funding to police, fire, and emergency medical services. • The City of Virginia Beach requests that the General Assembly preserve existing local authority to implement public safety technology and support expanding local authority to install speed enforcement cameras beyond school and construction zones. • The City of Virginia Beach supports Commonwealth-wide efforts to provide annual cancer screenings for career and volunteer fire fighters. 6 t- � �:, '� POLICY PRIORITIES Transportation The City of Virginia Beach seeks to enhance mobility, reduce congestion, and improve sustainability of transportation infrastructure through modernizing road networks, supporting public transit and multi-modal options, and ensuring safety and accessibility for all users. • The City of Virginia Beach supports efforts to improve sustainability in transportation infrastructure projects. • The City of Virginia Beach supports efforts to continue to improve highway and secondary roadway infrastructure throughout Hampton Roads. • The City of Virginia Beach supports efforts by Hampton Roads Transit to protect and enhance transit programs and funding including appropriate essential, consistent funding to meet HRT's capital and operating needs, including innovative transit options such as micro-transit. • The City of Virginia Beach supports General Assembly efforts to continue investing in trail projects with a request that the Virginia Beach Trail be considered for any future funding opportunities. • The City of Virginia Beach supports efforts by the General Assembly to protect vulnerable road users, including pedestrians and cyclists. 7 a CHARTER AMENDMENT Ten Single-Member Election System Adopted by City Council Background: The United States District Court for the Eastern District of Virginia ("the District Court") previously ruled that the city's 7:3:1 election system as set forth in the City Charter does not comply with Section 2 of the Voting Rights Act, 52 U.S.C. § 10301 because it dilutes the voting strength of minority voting groups. This ruling was later vacated on appeal by the United States Court of Appeals for the Fourth Circuit("the Fourth Circuit") on the ground that it was rendered moot by an intervening amendment to state law. That amendment changed the seven residence districts previously elected at large under the City's Charter to single-member districts whose representative was elected by only the residents of those districts. Although the District Court's judgment was vacated, the case was remanded to that court for further proceedings. Subsequently, the District Court has indicated that any system other than the 10:1 system with three (3) Minority Opportunity Districts would likely be found to violate Section 2 of the Voting Rights Act. On January 14, 2022, while the District Court's order was still in effect, the City obtained preclearance of the 10:1 system ordered by the District Court from the Virginia Attorney General under the Virginia Voting Rights Act. The 10:1 plan was utilized in the November 2022 and 2024 City Council elections. In 2023, the City Council undertook a public input initiative that included duly noticed, public education and listening sessions in each of the ten districts. Two virtual listening sessions were also conducted. In addition, the City engaged the Weldon Cooper Center for Public Service at the University of Virginia to conduct a statistically validated public opinion survey within the city, which showed 8 1% support for a 10:1 system. On August 15, 2023, the City Council adopted its decennial redistricting ordinance. This ordinance uses the same 10-1 system and district boundaries that were previously ordered by the District Court. Additionally, the decennial redistricting ordinance uses the same schedule of elections that was recommended by the Special Master. It is desirable for the City Charter to reflect the decennial redistricting ordinance, and this request does that. 8 Request: City Council requests that the General Assembly amend the City Charter to adopt the ten single-member district system used in the 2022 and 2024 elections and adopted by the City Council in its decennial redistricting ordinance. PROPOSED CHARTER UPDATE Sec. 3.01. Division of city into districts. A. The city shall be divided into ten single-member election seven residenee districts of approximately equal population which shall be numbered one through ten seven. The council shall consist of eleven members, the mayor elected at lame and ' mayor-, one member to be elected by and from each of the ten single-member election districts. the eit., at large ft.,..n the,.oxide is of ea eh of the seven dis4iets and tb,roe mb ers an the mayor-t b e eleete b y an f:.a the city at In llll.11aVl.lJ u B. The boundaries and names of such districts shall be established by ordinance an befeFe Maeh 1�and thereafte the boundaries shall be adjusted periodically as may be necessary to ensure that the populations of the districts remain approximately equal. Q The eetmeil shaR, no late"than jantia etitien-theeieuit eel to or-def an advisory efe o„a, m to be Lela on the question f whether-t the eeunei4 Membe ,, T1,, than tt large. The wording o c-question rSbnmll be a ctonzirec v7�ma7en'T7 Tvtc-vf tbrn, . city i1 an sha l b„� ; ,-,l.,de 4 the petitie TT..e the film. ef'the petition, the ♦.1F� \.V Mllt.11(Al1V J11C11a Vl. 11I{.. ei1eu t l Vtl«t sha order-that an adyinefy refer-ead .w be held an the q estie in the ulnt the m pa ele ti b ns to e held in May 1 996 ua. Sec. 3.01:1. Implementation of districts. A. At the November 2026 May 1996 general election, the twee-members representing district 2. district 4. district 6. district 8, district 9. and district 10 shall be elected_by he city at the residents of the Blaekwate Bess Anne, and VkginiaBeceh boroughs as sueh ber-eughs existe�'�ry 1, 1995. The terms of the members so elected shall commence January 1, 2027 and expire on December 31, 2030. Ju4y-4-, 1 994 The terms of the n ei1..ne.�.b er-eleetea b y an f:-o the ity at 1 1..V. The la.l lalJ Vl uaa, alau��vr n in May e€1-996 sha14 eixpire o july 1, 2000. B. At the November 2028 general election,in , the members representing district 1. district 3. district 5, district 7, and the mayor shall be elected_at large f:.,,,,n list-Piet., .r.b e e e tb., g th sh 11 b e eleetedfer-tefms f'two ,1 tb, 41J 1111.1 1 u ee members eleL4ed at large from distr-iets number-ed four-tiff augh seven sh-a-11 h-ke ealleaked for-terms of four years. The terms of the members so elected shall commence January 9 1, 2029 and expire on December 31, 2032. t-vve ei'me- ber-s eleaed by an the-^t=a large in May e€- 998 shall expire an july , 2nn�erea€ter- C. All members shall be elected for terms of four years. Sec. 3.02:1. Election of councilmembers. PuFsuaat to an erg}ee adopted o e l-en june-27, 2006, City council reizular elections shall take place at November general elections. a•_--i g the general e'e_t_�r ee neib.membnm : hese terms expire at the end of Peeemb.e,-of thM year- ('.,u nil �n members, �g-the yer�whAse�e� �s-ees-A€-juzZ 2008, Tune 30, �20 10, januar-y 1 next fel4ewiag the date of eleL4ian and shag eentinue until his sueeesser-has be dely eleeted and qualified. Each candidate shall state, at the time of filing, whether he is running at large, from the district of his residence or for mayor. Candidates for council shall be nominated only by petition in the manner prescribed by general law. Sec. 3.02:2. Election of mayor. The mayor shall be elected at the general election in November 2008, and each fourth year thereafter, to serve for a term of four years. Candidates for mayor shall run feF ene e the-at-large seats. A candidate running for mayor shall not run for any other seat. In the event any councils member, including the mayor, shall decide during his term of office to be a candidate for mayor, he shall tender his resignation as a councilman member not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31, shall constitute the councilmaWs member's intention to run for mayor, shall require no formal acceptance by the remaining councilrwn members and shall be final and irrevocable when tendered. In the event the mayor shall decide during his term of office to be a candidate for one of the single-member election districts, he shall tender his resignation as mayor not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31. shall constitute the mayor's intention to run for one of the single-member election districts, shall require no formal acceptance by the remaining council members and shall be final and irrevocable when tendered. The unexpired portion of the term of any council member who has resigned to run for mayor or mayor who has resigned to run for one of the single-member election districts shall be filled at the same general election. Sec. 3.02:3. Reserved. . (&) in the event that any eetineil member fr-em one of the r-esidenee distfk4s shall deeide during his tenn of effiee to be a candidate for-an at lafge seat, the eouneil member- 10 tender-his r- a eeHH64 member-not less than 10 days pfier-te the date fe-r- Peeember31,steal eenstitute-theeauneil be intention to ma fer-the t , seat, shag require no fefmal aeeeptanee by the . . - woeil members, and shaR be final and-xffevee-able when ende eounc-il member who has resigned to pan fer- an at large sea4 shaU be Qed at the same general eleetie r by � a e e..t:..., if the .,t 1 ,, ,a � ,t:� t 3 be F1 a by s a ba.aaa.a ua 1.11.1.cIVI1� or- v a e J21 J2C#j A;R ((�y,,�� : Cal shaJ1 tender his resignation eeaneil.« « b er-not less than 10 days prior-to the date uuuu wuua. e eeeeer3 b,1 mo ,ll « the te . .«b.:1 .«o ,J :«t,«t: .« t, «. « F«tb.,, rnniden a distr 4 seat, shall require o f .«r .,l ., o«tanee b y th r .,:1 a{.J1Kl.a1 member-s, and site final and iffevec�e when tendered. Tom-�he unempifed portion 1,. the tor.« ,.f any e ei .« .«b er-who has resigned to run f r side dis tsea r a11{. e 0 tr• seat:s t be Qe,a by e .,l eleL4i,« 11 t VIRGINIA CODE AMENDMENT Amend Code to Reflect Election System Adopted by Council Background: The United States District Court for the Eastern District of Virginia ("the District Court") previously ruled that the city's 7:4 election system as set forth in the City Charter does not comply with Section 2 of the Voting Rights Act, 52 U.S.C. § 10301 because it dilutes the voting strength of minority voting groups. This ruling was later vacated on appeal by the United States Court of Appeals for the Fourth Circuit("the Fourth Circuit") on the ground that it was rendered moot by an intervening amendment to state law. That amendment changed the seven residence districts previously elected at large under the City's Charter to single member districts whose representative was elected by only the residents of those districts. Although the District Court's judgment was vacated, the case was remanded to that court for further proceedings. Subsequently, the District Court has indicated that any system other than the 10:1 system with three (3) Minority Opportunity Districts would likely be found to violate Section 2 of the Voting Rights Act. On January 14, 2022, while the District Court's order was still in effect, the City obtained preclearance of the 10:1 system ordered by the District Court from the Virginia Attorney General under the Virginia Voting Rights Act. The 10:1 plan was utilized in the November 2022 and 2024 City Council elections. In 2023, the City Council undertook a public input initiative that included duly noticed, public education and listening sessions in each of the ten districts. Two virtual listening sessions were also conducted. In addition, the City engaged the Weldon Cooper Center for Public Service at the University of Virginia to conduct a statistically validated public opinion survey within the city, which showed 81% support for a 10:1 system. Request: Because a change to a locality's Charter requires a two-thirds vote of the General Assembly and a general law change to the Virginia Code requires a majority of the members of the General Assembly, the City Council requests that a dual track be taken to updating the City's election system to better ensure that a proper update is made ahead of the 2024 election cycle. The City Council requests that section § 15.2-1400 of the Code of Virginia be amended, with language to supersede a local charter, to reflect the City's ten single-member district system. 12 Proposed language: Amend Virginia Code Section § 15.2-1400. Governing Bodies. G. Notwithstanding any other provision of law,general or special, the governing body of a locality that has been subject to a court order imposing a remedial election system under either the federal Voting Rights Act of 1965 or Chapter 1.1(§24.2-125 et seq.)of Title 24.2, even if such order is later vacated, may adopt an ordinance to convert one or more at-large seats of such body to single-member districts, provided that the governing body also adopts and implements the remedial election system contained in the court order. Members of such governing body in office on the effective date of such ordinance shall complete their terms of office. 13 : VIRGINIA CODE AMENDMENT "Good Friday" First Responders Fund Background: On Good Friday, April 6, 2012, a catastrophic event took place in Virginia Beach as a Navy F/A-18 Hornet jet fighter crashed just moments after take-off from Naval Air Station Oceana into the Mayfair Mews apartment complex, injuring seven. Hundreds of Virginia Beach first responders and employees were quickly on the scene of what came to be known as the Good Friday miracle as there were no fatalities from the event despite the apartment complex housing more than 100 residents. During this event, City staff were likely exposed to burning composite materials like carbon fibers and other toxins released from the burning fuel, hydraulic fluids, aircraft fuselage, and damaged structures including known "forever chemicals" including perfluorooctane sulfonic acid(PFOS) and aqueous film forming foam (AFFF), called forever chemicals because these toxic materials do not leave your system. Research suggests firefighters are at higher risk of certain types of cancers when compared to the general population. Earlier this year, the City provided a voluntary Galleri Cancer Screening, an advanced type of testing that screens for more than 50 types of cancers, where 538 sworn Fire employees were tested. The Galleri Cancer Screening was provided to the Fire Department due to their heightened risk of developing occupational cancer and the existence of a presumption that many cancers are work related and can be a compensable claim under Virginia Worker's Compensation. Request: The City Council requests that the General Assembly create and fund the "Good Friday" First Responders Fund to support annual health monitoring and cancer screenings to all Virginia Beach employees who worked the crash scene and to provide additional support for out-of-pocket health care costs and other service gaps that may arise for these heroes. 14 r�e � r� 1 VIRGINIA CODE AMENDMENT ABC Store Larcenies Background: In recent years, larcenies and shoplifting cases at Virginia ABC stores have significantly increased across the Commonwealth and now represent a disproportionate percentage of Part I crime and a grossly disproportionate percentage of property crime in several cities. These larcenies accounted for 23% of all shopliftings in Virginia Beach for 2023 and for 2024 year-to-date, the percentage of all shopliftings from ABC Stores is currently sitting at 26%. Law enforcement resources are disproportionately expended when deploying to these cases and when follow-up investigations of Virginia ABC larcenies need to occur. Liquor theft falls squarely in the Virginia ABC Bureau of Law Enforcement's area of concern. Their agents are well qualified to investigate these crimes and well situated to influence needed changes in their retail sector's protection of liquor inventory. Request: The City Council requests that the General Assembly designate the Virginia ABC Bureau of Law Enforcement as the primary law enforcement agency responsible for reporting and investigating crimes. Proposed language: Amend Virginia Code Section § 4.1-105. Police Power of Members, Agents, and Employees of Board. A. Members of the Board are vested, and such agents and employees of the Board designated by it shall be vested, with like power to enforce the provisions of(i)this subtitle and the criminal laws of the Commonwealth as is vested in the chief law-enforcement officer of a county, city, or town; (ii) § 3.2-4207; (iii) § 18.2-246.14; (iv) § 18.2-371.2; (v) § 58.1-1015; (vi) § 58.1-1017; and(vii) § 58.1-1037. B. The Board, its agents, and employees so designated shall serve as the primary law enforcement agency for reporting,pursuant to§52-28, and investigating crimes and offenses under Title 18.2, Chapters 5 and 6, that occur on its properties, whether owned or leased. C. Nothing contained in this subtitle shall be construed as a restriction or limitation upon any powers that the Board of Directors of the Authority might otherwise have under any other law of the Commonwealth. 15 x VIRGINIA CODE AMENDMENT Increase the Fire Programs Fund Background: The Virginia Fire Programs Fund is derived from an annual one percent assessment of fire- related insurance coverage. The Fund is used to provide an annual population-based allocation to localities throughout the Commonwealth, through the Aid to Localities Program (ATL). Funding supports the critical needs of Virginia Fire Departments, but with the significant rise in the cost of equipment and fire apparatus, the funding is no longer sufficient. According to a study conducted by the Virginia Fire Programs, across the Commonwealth calls for service have increased by 40% over the last three years while funding at the state level has remained relatively stable for 20 years. The last increase in the Virginia Fire Programs Fund occurred in 1995, going from .8% to 1%. Request: The City Council requests that the General Assembly increase the annual assessment levied on businesses that sell fire insurance premiums from the amount of one percent of the total direct gross premium income for such insurance to one and a half percent. Proposed language: Amend Virginia Code Section § 38.2 Insurance, Chapter 4. Assessment for Administration of Insurance Laws and Declaration of Estimated Assessments by Insurers § 38.2401. Fire Programs Fund: The Commission shall annually assess against all licensed insurance companies doing business in the Commonwealth by writing any type of insurance as defined in §§ 38.2-110, 38.2-111, 38.2-126, 38.2-130 and 38.2-131 and those combination policies as defined in§ 38.2-1921 that contain insurance as defined in §§ 38.2-110, 38.2-111 and 38.2-126, an assessment in the amount of ene-per-eent one and one halfpercent of the total direct gross premium income for such insurance. Such assessment shall be apportioned, assessed and paid as prescribed by § 38.2403. In any year in which a company has no direct gross premium income or in which its direct gross premium income is insufficient to produce at the rate of assessment prescribed by law an amount equal to or in excess of$100, there shall be so apportioned and assessed against such company a contribution of$100. 16 VIRGINIA CODE AMENDMENT Property Title Report in Eminent Domain Proceedings Background: Virginia Code section 25.1-204(D)provides the elements for a bona fide offer, which must be followed by condemning authorities when private property needs to be acquired for public projects. This code section was modified in 2022 by Senate Bill 694. The 2022 amendments added requirements to the acquisition process related to title of the subject property. The new requirements are worded in a manner inconsistent with the body of the statute and have led to confusion. Historically, when a condemning authority made its bona fide offer to a landowner, it was required to obtain a title report and provide the report to the landowner. The modified statute now specifies that(1)the title examination shall be for at least 60 years, and(2) requires that copies of all recorded documents be provided to the landowner. However, it is unclear from the statute whether the requirement to provide copies of the recorded documents pertains to every document identified through the 60-year history of the property, or whether the requirement pertains to the documents identified in the title report. Request: City Council requests that the General Assembly make a minor modification to Va. Code Section 25.1-204(D)(iii)that will clarify that the documents to be provided to the landowner should be those listed in the title report. Proposed language: Amend Virginia Code Section § 25.1-204 (D). Effort to purchase required; prerequisite to effort to purchase or filing certificate. D. Notwithstanding any provision of law to the contrary, a condemnor, prior to making an offer to acquire a fee simple interest in property by purchase or filing a certificate of take or certificate of deposit pursuant to Chapter 3 (§ 25.1-300 et seq.) or§ 33.2-1019, shall (i) conduct or cause to be conducted an examination of title to the property in order to ascertain the identity of each owner of such property and to determine the nature and extent of such owner's interests in the property, which examination of title shall be for at least 60 years; (ii)provide to such owner or owners a copy of the report showing the examination of title; and(iii)provide to such owner or owners a copy of all recorded instruments within 60 year-tit4e histefy 4 sueh pi:epefty, ineluding a14 deeds of tpast, releases, liens, Eleeds, er.- thee-instFuments identified in the report showing the examination oftitle. 17 � m 1` VIRGINIA CODE AMENDMENT Obstruction of Right-of-Way Violations Background: The City's Resort Advisory Commission has identified several nuisance and safety issues in the Resort Area that are difficult to remedy under the City's existing ordinances. An example of this is repeated violations of businesses along Atlantic Avenue that place their wares along the sidewalk. The City can enforce these violations as criminal misdemeanors, and if found guilty, the judge will impose a fine and court costs. However, the time it takes for the case to be heard and the ability for it to be extended renders the deterrent null, and the offender will continue the violating behavior and absorb the penalty as a cost of doing business. The ability to have a more expedient method to stop these violations is desired. One example would be akin to a parking ticket, with the ability to ticket multiple times if no corrective action is taken. There is currently no known authority that would enable the City to adopt such an ordinance. Request: The City Council requests the General Assembly to adopt legislation that would allow the creation of local ordinances to eliminate or deter the continuation of nuisance and safety related offenses and violations during the pendency of a court hearing or other final disposition. 18 i INIA VIR DE G CO AMENDMENT E DMENT Low-impact Utility Markings Background: Members of City Council and community stakeholders have previously shared concerns regarding the number of unsightly utility markings on the sidewalks and streets, especially within the resort area, and have requested updates to regulations or policies to discourage the use of long-lasting paint/marking products. State law currently requires all underground utilities be marked per American Public Works Association standards prior to commencement and for the duration of a construction/excavation project. The City of Virginia Beach has made strides in trying to reduce and eradicate the markings, including developing new guidelines and investing in the additional staff and equipment needed to remove them, however, the number of utility markings remains a concern. Request: The City Council requests that the General Assembly grant localities the authority, by ordinance, that would require the use of low-impact markings when identifying utility locations and the authority to designate that a private developer is responsible for removing the markings once the project is complete. 19 `=�•'�' VIRGINIA CODE AMENDMENT Short-Term Rentals Background: The Virginia Beach City Council passed a resolution to establish a Short-Term Rental Task Force to study how to strengthen the enforcement of the short-term rental regulations and how to improve and streamline the registration process. The task force met six times between June and October 2024, and made more than a dozen recommendations. Among the recommendations the task force made were two changes to the Code of Virginia. Request: l. Add to the Code of Virginia, legislation that would grant localities the authority to require a short-term rental platform remove short-term rental listings upon notification that a short-term rental is operating without a license and/or permit or that the short-term rental has been adjudicated as non-compliant. 2. Amend the existing Code of Virginia to increase the fine schedule available for the violation of short-term rental ordinances. 15.2-2209 governs the violation of any ordinance and has the fine structure listed at up to $200 for the first violation and up to $500 for any subsequent violation, this is the existing schedule for the violation of any city ordinance across the Commonwealth and has not been updated in nearly 20- years. This amendment would seek to increase the fine schedule for the violation of an element of the short-term rental ordinance only and allow the fines structure to increase to up to $500 for the first violation, up to $1,000 for the second violation, and up to $1,500 for the third and any subsequent violation. 20 r RESOLUTION Zero Waste Awareness Week Background: On Aug. 8, 2023, the Virginia Beach City Council signed a resolution that recognizes the first full week of September as Zero Waste Awareness Week on the recommendation of the Virginia Beach Clean Community Commission (VBCCC). Request: The City Council requests that the General Assembly pass a resolution declaring the first full week of September as Zero Waste Awareness Week. Proposed Language: Whereas the first full week of September is recognized internationally as Zero Waste Awareness week; and Whereas the definition ofzero waste is 'producing little or no waste and Whereas the Commonwealth of Virginia wants to encourage citizens to waste less by refusing, reducing, reusing, recycling and repurposing,and Whereas the Commonwealth of Virginia realizes that zero waste will benefit the environment and land in the Commonwealth;and Whereas the Commonwealth of Virginia acknowledges that zero waste will save the citizens of Virginia financially;and Whereas the Commonwealth of Virginia challenges all businesses in its community to engage its employees and citizens to be more mindful regarding ways to decrease waste;and Whereas the Commonwealth of Virginia encourages all state agencies to participate during Zero Waste Awareness Week by educating its citizens on ways to reduce waste; and Therefore, the Commonwealth of Virginia will designate the first full week of September as Zero Waste Awareness week where it invites all its citizens to engage in education and action toward a zero waste society. 21 �,,se NYC az STATE BUDGET REQUEST Commonwealth Individual Assistance (IA) Program Study Background: The 2023 Great Neck Tornado highlighted a gap in the Commonwealth's ability to support individuals and households recovering from non-federally declared disasters. Most disasters do not reach the thresholds required to activate federal disaster assistance, as was the case with the Great Neck Tornado. Individual Assistance (IA)programs provide direct assistance to individuals and households impacted by a disaster so they can begin their recovery. Currently, the Federal Emergency Management Agency (FEMA) manages an IA program, which is only available to disaster survivors after a federal disaster declaration is issued under the Stafford Act. Over the past 20 years, Virginia has requested an Individual Assistance declaration for over 30 disasters; however, only nine requests were awarded federal IA funding. Without a state-level IA program, communities across Virginia are left with very few resources to help repair or rebuild their homes and begin the recovery process. This gap places additional economic burdens on the individual and their communities. In the Commonwealth's 2022-2024 Budget, the Virginia Department of Emergency Management(VDEM)requested funding to conduct a Commonwealth Individual Assistance Program Study, the crucial first step in creating a state-level IA program. Unfortunately, this request was not funded. Requests: The City of Virginia Beach supports the Virginia Department of Emergency Management's request of budget support to conduct a Commonwealth Individual Assistance Program Study 22 STATE BUDGET REQUEST Virginia Aquarium & Marine Science Center Renovation/Expansion Background: The Virginia Aquarium and Marine Science Center is a jewel for both the City of Virginia Beach and the Commonwealth, providing a world class tourism attraction, exciting hands- on education opportunities for students around the region, and support for sea animal rescue and rehabilitation across much of the East Coast. It is the third most visited attraction in the Commonwealth, behind only amusement parks Kings Dominion and Busch Gardens. According to a recent economic impact analysis, the Virginia Aquarium contributes more than $277 million in economic activity each year supporting more than 3,300 jobs. These impacts provide more than $7.6 million in annual tax revenues for the City of Virginia Beach and an additional $9+ million in annual tax revenues for the Commonwealth of Virginia. Unfortunately, the infrastructure is aging and nearing the point where it needs to be replaced. For example, the main building is more than 37 years old, and the seal, turtle, and shark habitats have reached end-of-life. For the protection of these animals, the habitat must be replaced in the coming years, or the animals will have to be transferred to another facility. The Virginia Aquarium Foundation is setting course for an ambitious capital improvement project that will allow the aquarium to continue to operate and generate economic activity for the Commonwealth and keep the animals safe while expanding its footprint and creating new updated exhibits for visitors that will draw larger crowds, and economic impact, in the future. Request: The City Council requests support from the General Assembly for the Virginia Aquarium & Marine Science Center's renovation/expansion of aging infrastructure. The Virginia Aquarium would utilize resources from the Commonwealth in their overall strategy in seeking funds through the Federal Government along with City and private funding. 23 r 46 f Brent McKenzie Legislative Affairs Director 757-837-9572 1 bmckenzie@vbgov.com Office of the City Manager I Municipal Center Bldg 1 2401 Courthouse Drive I Virginia Beach,VA 23456 virginiabeach.gov u - CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution to Request the General Assembly Amend the City Charter to Implement a Ten-Single Member District Election System MEETING DATE: November 12, 2024 ■ Background: The City Council is authorized to request the General Assembly amend the City Charter. Prior to making such request the City Council is required to either undertake a referendum election or hold a public hearing. For the following request, the City has elected to hold a public hearing. This proposed amendment will allow the City Charter's text to reflect the 10-1 election system that was adopted by the City Council in its 2023 Redistricting Ordinance. If adopted, the City Charter will provide for the division of the City into 10 single-member election districts. The mayor will continue to be elected at-large. At the November 2026 general election, the members representing district 2, district 4, district 6, district 8, district 9, and district 10 will be elected. At the November 2028 general election, the members representing district 1, district 3, district 5, district 7, and the mayor will be elected. Each member is elected for terms of four years. The amendment also removes text in the City Charter referring to a referendum to be held in 1996. ■ Considerations: The City Council adopted a policy on September 19, 2023, that imposes a vote requirement of three-fourths of the members of the City Council for adoption of a request for the General Assembly to amend the City Charter. ■ Public Information: A public hearing was held on October 15, 2024, but its notice was defective, so a second public hearing will be held November 12, 2024. ■ Attachments: Resolution, Exhibit A to Election System Resolution The resolution to amend the City Charter is presented to the City Council pursuant to the policy adopted September 19, 2023. 1 A RESOLUTION TO REQUEST THE GENERAL ASSEMBLY 2 AMEND THE CITY CHARTER TO IMPLEMENT A TEN 3 SINGLE-MEMBER DISTRICT ELECTION SYSTEM 4 5 WHEREAS, in December 2021, the City Council was ordered by the Federal 6 District Court to conduct its councilmanic elections using a system that provided for ten 7 single-member districts; 8 9 WHEREAS, the order of the Federal District Court was overturned by the Federal 10 Appellate Court after the candidate petitions were completed, so the City conducted the 11 November 2022 using the ten single-member districts; 12 13 WHEREAS, the City Council authorized a public input initiative to receive feedback 14 from the residents regarding their preference for the manner of conducting future 15 elections; 16 17 WHEREAS, the Weldon Cooper Center for Public Service at the University of 18 Virginia conducted a statistically validated public opinion survey within the City, which 19 showed 81% support for a 10:1 system; 20 21 WHEREAS, the City Council adopted it decennial redistricting ordinance on August 22 15, 2023, and this ordinance uses the same 10:1 system and district boundaries that were 23 previously ordered by the District Court; and 24 25 WHEREAS, it is desirable to align the text of the City Charter to reflect the 10:1 26 system of elections that was adopted in the decennial redistricting ordinance. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA, THAT: 30 31 The City Council hereby requests the General Assembly amend §§ 3.01 , 3.01 :1; 32 3.02:1 , 3.02-2, and 3.02:3 of the City Charter to implement the ten single-member district 33 of elections. The attached Exhibit A, which is incorporated herein, provides the requested 34 text of such amendment. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO LEGAL SUFFICIENCY: i Attorney's Office CA16677/R-1/October 30, 2024 EXHIBIT A PROPOSED CHARTER UPDATE Sec. 3.01. Division of city into districts. A. The city shall be divided into ten single-member election seven reside^^^districts of approximately equal population which shall be numbered one through ten seven.The council shall consist of eleven members, the mayor elected at large and iRGlWdiRg the mayer, one member to be elected by and from each of the ten single-member election districts. the,=ity at la-^0^f.^ the residents of each f the seveR distFictsthree members and the mayaF te be eleGted by and from the city at laFge. B. The boundaries and of such districts shall be established by ordinance e,OF bef.,.., ^ aFGh , 1996, and s;ereafte:the boundaries shall be adjusted periodically as may be necessary to ensure that the populations of the districts remain approximately equal. refeFeRdum te be held en the question of whether the eeuneil membeF eleeted frern each district shall be elected by the qualified voteFS of that distFiet rather than at laFge.The wE)Fd*Rg Of the qUestien shall be Sec. 3.01:1. Implementation of districts. A. At the November 2026 May 1996 general election,the three members representing district 2 district 4 district 6, district 8, district 9 and district 10 shall be elected. o by the city at la- fFem the residents f the _ BlackwateF, PF.Reess Anne,and ViFginia Beach beFeughs as such bereughs existed en january 1, .The terms of the members so elected shall commence January 1 2027 and expire on December 31,2030. S B. At the November 2028 general election;^ May^f 1998 the members representing district 1, district 3 district 5, district 7,and the mayor shall be elected. be elected feF terms ef two yp--- -nd the rnembeFs elected at laFge fFem diStFietS numbeFed feur through The terms of the members so elected shall commence January 1, 2029 and expire on December 31 2032 of_1998 shall expire en july2002 Th f+ C. All members shall be elected for terms of four years. Sec. 3.02:1. Election of councilmembers. , City council regular elections shall take place at November general elections. year. Goune 1 members, FROUdiRg the mayer, whose teFms expiFe as ef jURe 30, 2008, eF juRe 30, 2010, shall eeRtinue mR 04ice URtil themF succ:essars have been eleeted at the NevembeF election and take office en jaRuary i. shall GGRtiRue unto! his successoF has beeR duily elected and qualified. Each candidate shall state, at the time of filing,whether he is running at large,from the district of his residence or for mayor.Candidates for council shall be nominated only by petition in the manner prescribed by general law. Sec. 3.02:2. Election of mayor. The mayor shall be elected at the general election in November 2008, and each fourth year thereafter, to serve for a term of four years. Candidates for mayor shall run fey GRP Af the at-large seats.A candidate running for mayor shall not run for any other seat. In the event any councilman member, including the mayor, shall decide during his term of office to be a candidate for mayor, he shall tender his resignation as a councilman member not less than ten days prior to the date for the filing of petitions as required by general law.Such resignation shall be effective on December 31,shall constitute the councilman's member's intention to run for mayor,shall require no formal acceptance by the remaining councilmen members and shall be final and irrevocable when tendered. In the event the mayor shall decide during his term of office to be a candidate for one of the single-member election districts, he shall tender his resignation as mayor not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31 shall constitute the mayor's intention to run for one of the single-member election districts shall require no formal acceptance by the remaining council members and shall be final and irrevocable when tendered The unexpired portion of the term of any council member who has resigned to run for mayor or mayor who has resigned to run for one of the single-member election districts shall be filled at the same general election. Sec. 3.02:3. Reserved. Council Fnen;beF FesigRation to- run fGF new seat.. LA s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of permanent and temporary easements for the Bus Stop Infrastructure and Accessibility Improvements Phase 9A Project, CIP 100050.009A, either by agreement or condemnation PUBLIC HEARING DATE: October 15, 2024 MEETING DATE: November 12, 2024 ■ Background: The Bus Stop Infrastructure and Accessibility Improvements Phase 9A Project, CIP 100050.009A (the "Project") aims to improve twenty (20) existing Hampton Roads Transit ("HRT") bus stops across the City. The planned improvements include the installation of concrete pads and shelters at each roadside location to provide better amenities for citizens. Additionally, some sites will undergo sidewalk expansion to improve pedestrian connectivity, ensuring that these bus stops are easily accessible for all users. The Project is part of a broader program to systematically upgrade bus stop facilities throughout the City (the "Program"). The purpose of the Program is to enhance the overall infrastructure, including the installation of shelters, benches, sidewalks, ADA- compliant access ramps, and the necessary earthwork and roadway alterations to support these improvements. The Program also considers potential traffic control measures during construction to minimize disruption and ensure safety. By investing in these upgrades, the City aims to provide a more accessible, connected, and user- friendly transit experience for HRT customers. Improving bus stop infrastructure is vital for promoting public transportation usage and ensuring that it remains a viable option for all residents. Project enhancements will significantly improve the accessibility, safety, and comfort of the bus stops, making public transit more appealing and convenient. Moreover, the addition of shelters and improved pedestrian connectivity will protect passengers from the elements and provide safer walking paths, contributing to a more efficient and reliable public transportation system that supports the City's goals for sustainable urban mobility. ■ Considerations: The Project will require the acquisition of permanent and/or temporary easements from 17 properties. No residences or businesses will be displaced by the Project. Authority is requested to acquire the necessary easements by agreement or condemnation. ■ Public Information: A notice of willingness to hold a public meeting was published on January 27, 2024 and February 10, 2024, but there were no requests for a meeting so no meeting was held. A public hearing was held on October 15, 2024, and public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Ordinance and risk delaying the Project. ■ Recommendation: Approval. ■ Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering & Public Works/Real Estate, .� ' City Manager: / 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PERMANENT AND 3 TEMPORARY EASEMENTS FOR THE BUS 4 STOP INFRASTRUCTURE AND 5 ACCESSIBILITY IMPROVEMENTS PHASE 9A 6 PROJECT, CIP 100050.009A, EITHER BY 7 AGREEMENT OR CONDEMNATION 8 9 WHEREAS, the Bus Stop Infrastructure and Accessibility Improvements Phase 9A 10 Project, CIP 100050.009A (the "Project"), is a roadway improvements project to improve 11 public accessibility, transportation and safety within the City; and 12 13 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 14 public necessity exists for the construction of this important roadway project to improve 15 accessibility, transportation and safety within the City and for other related public purposes 16 for the preservation of the safety, health, peace, good order, comfort, convenience, and for 17 the welfare of the people in the City of Virginia Beach; 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 Section 1 . That the City Council authorizes the acquisition by purchase or 23 condemnation pursuant to Sections 15.2-1901, et seg., Section 15.2-2109, and Title 25.1 of 24 the Code of Virginia of 1950, as amended, of all those certain temporary and permanent 25 easements (the "Property"), as shown on the Project plans entitled "BUS STOP 26 INFRASTRUCTURE AND ACCESSIBILITY IMPROVEMENTS PHASE 9A PWCN-24-0029 27 CIP 100050.009A" and more specifically described on the acquisition plats for the Project 28 (plats and plans collectively referred to as the "Plans"), the Plans being on file in the 29 Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 30 31 Section 2. That the City Manager is hereby authorized to make or cause to be made 32 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 33 offer to the owners or persons having an interest in said Property. If refused, the City 34 Attorney is hereby authorized to initiate, prosecute and settle or resolve proceedings to 35 condemn said Property. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 38 , 2024. 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A� ff ram, . 'Legend Bus Stop Project Areas . 6' City Property �•4+ RUCTURE AND IMPROVEMENTS r City of Virginia Beach Boundary PHASE 9A .11 PROJECT CIP 100050.009A jests ��- s �► � . +� '�; �� 00 00, IN EON 1-1 - a Legend Bus Stop Project Areas BUS . . INFRASTRUCTURE AND City Property __ ACCESSIBILITY IMPROVEMENTS r City of Virginia Beach Boun ary i PHASE 9A �� N�'°FM y�7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Whitney W. Elliott for the Closure of One-half of an Unimproved, Unnamed Alley Adjacent to the Rear of 218 55th Street, Unit B MEETING DATE: November 12, 2024 ■ Background: On November 14, 2023, by Ordinance ORD-3753Q, City Council approved the request by Whitney W. Elliott (the "Applicant") to close approximately 375 square feet of an unimproved, unnamed alley (the "Right-of-Way") adjacent to the rear of her property located at 218 55th Street, Unit B, for the purpose of incorporating the closed area into her adjoining property. ■ Considerations: There were four (4) conditions to the approval of the street closure: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the street to the City of Virginia Beach, subject to approval of the Department of Public Works, and the City Attorney's Office, which easements shall include a right of reasonable ingress and egress. 3. There are existing overhead facilities located within the Right-of-Way proposed for closure; therefore, an easement satisfactory to Dominion Energy Virginia shall be provided. Additionally, the Applicants shall verify that no other private utilities exist within the Right-of-Way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the Whitney W. Elliott Page 2 of 2 conditions noted above are not accomplished and the final plat is not approved for recordation within one (1) year of the City Council vote to close the Right- of-Way, this approval shall be considered null and void. The Applicant's subdivision plat has been submitted for review but has not yet received approval by the Planning Department; therefore, it will not be ready to record prior to the deadline to meet the conditions. On October 8, 2024, the Applicant requested additional time to satisfy the conditions set forth in Ordinance ORD-3753Q. Staff concludes that the request for additional time is reasonable. ■ Recommendation: Allow an extension of one (1) year for satisfaction of the conditions. ■ Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency: Planning Department City Manager: 04D 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF WHITNEY W. ELLIOTT FOR THE 4 CLOSURE OF ONE-HALF OF AN 5 UNIMPROVED, UNNAMED ALLEY ADJACENT 6 TO THE REAR OF 218 55TH STREET, UNIT B 7 8 WHEREAS, on November 14, 2023, the Council of the City of Virginia Beach 9 acted upon the application of Whitney W. Elliott (the "Applicant') for the closure of one- 10 half of an unimproved, unnamed alley adjacent to the rear of 218 55th Street, Unit B; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3753Q) to close, 13 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain 14 conditions being met on or before November 13, 2024; and 15 16 WHEREAS, on October 8, 2024, the Applicant requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance 23 adopted on November 14, 2023 (ORD-3753Q), upon application of Whitney W. Elliott, is 24 extended to November 13, 2025. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 27 of , 2024. 28 29 No GPIN assigned (City Right-of-Way) 30 Adjacent to GPIN: 2419-70-6052-0002 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA 16581 R-1 October 22, 2024 R5R(NE) R5R(N E) - - 55th' S_tr,eet f __ b RSR(NE) o �o o o � R5R(N.E) RSR(N a R5R(N E) N ® Site F Property Polygons E Zoning LOCATION MAP s Building Feet 0 1020 40 60 80 100 120 Disclosure i Disclosure Statement The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Whitney W.Elliott Does the applicant have a representative? ■Yes ❑NO • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes N No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3301. Rewse d 11 D9?020 Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item 1 Page 8 Disclosure Statement Disclosure Statement ` A . Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 0 NO • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■Yes ❑No • If yes,identify the financial institutions providing the service. MERS,Inc. 2. Does the applicant have a real estate broker/agent/reakor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes E No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes E NO • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes i NO • If yes,identify the purchaser and purchasers service providers. Rr ws-d]i 69 2020 2 1 I Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item 1 Page 9 Disclosure Disclosure StatementVB ��, ,,.,,� F�nfilttg&(:ctttitEcuuitc 6. Does the applicant have a construction contractor in connection with the subject of the application of any business operating or to be operated on the property?❑Yes 0 No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveys/went in connection with the subject of the application or any business operating or to be operated on the property?A Yes ❑NO • If yes,identify the firm and individual pFaMing the semce. Jeffrey D.Williams,Rouse-Sirine Associates,Ltd, 8 Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?2 Yes ❑No • If yes,identify the firm and individual providing the semce. R.Edward Bourdon,/f.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,C"Council,VBDA,CBPA,Wetlands Board or any public or eommttt In connection with this appliation. ::�s A�� -- Applicant gnatu Whitney W.Elliott Print Name a�Title ��210�ti3 - --- Date Is the appliant also the owner of the subject property? X Yes ❑NO • If yes,you do not need to fill out the owner disclosure statement •• L_ no Wrea�r••d Wtr sy.r.e.� �//J- ® Hoa N Dao M2► (2(4 �c r�lc7n -- Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item 1 Page 10 elrlit Disclosure Statement Owner Disclosure Owner Name The Linda Eaton Golding Amended and Restated Revocable Trust u/a/d April 22,1992 Applicant Name Whitney W.Elliott is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Linda Eaton Golding,Trustee • If yes,list the businesses that have a parent-subsidiary°or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia(leach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes N No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. Revisei 11 09 in?U 5 1 ; a F e Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item 1 Page 11 t I Disclosure Statement pianititi? 4t t7:32biiiii}Pt Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralixation,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No . If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No . If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No . If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 NO . If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes !No . If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes N No . If yes,identify the company and individual providing the service 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ■No . If yes,identify the firm and individual providing the service Neriaed 11 0.-2010 6 1 P a E,L Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item 1 Page 12 ' Disclosure Statement Disclosure State _ '.'�YYrr-may,$K• ,_ , �'t�nr±lirr� �C"tmti�t �, 8. is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes X No If yes,identify the firm and individual providing legal the service Owner Signature I certify that all of the information contained in this Disclosure Statement form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. The Linda Eaton Golding Amended and Restated Revocable Trust u/a/d April 22,1992 Owner Signature Linda Eaton Golding,Trustee ---- Print Name and le 1 f j — Date 71 Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item 1 Page 13 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Matthew E. Mancoll and Robin A. Mancoll for the Closure of an Unimproved, Unnamed Alley Adjacent to the Rear of 219 54th Street MEETING DATE: November 12, 2024 ■ Background: On November 14, 2023, by Ordinance ORD-3753P, City Council approved the request by Matthew E. Mancoll and Robin A. Mancoll (the "Applicants") to close approximately 375 square feet of an unimproved, unnamed alley (the "Right-of- Way") adjacent to the rear of their property located at 219 54th Street, for the purpose of incorporating the closed area into their adjoining property. ■ Considerations: There were four (4) conditions to the approval of the street closure: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the street to the City of Virginia Beach, subject to approval of the Department of Public Works, and the City Attorney's Office, which easements shall include a right of reasonable ingress and egress. 3. There are existing overhead facilities located within the Right-of-Way proposed for closure; therefore, an easement satisfactory to Dominion Energy Virginia shall be provided. Additionally, the Applicants shall verify that no other private utilities exist within the Right-of-Way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the Matthew E. Mancoll and Robin A. Mancoll Page 2 of 2 conditions noted above are not accomplished and the final plat is not approved for recordation within one (1) year of the City Council vote to close the Right- of-Way, this approval shall be considered null and void. The Applicant's subdivision plat has been submitted for review but has not yet received approval by the Planning Department; therefore, it will not be ready to record prior to the deadline to meet the conditions. On October 8, 2024, the Applicant requested additional time to satisfy the conditions set forth in Ordinance ORD-3753P. Staff concludes that the request for additional time is reasonable. ■ Recommendation: Allow an extension of one (1) year for satisfaction of the conditions. ■ Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency: Planning Department 01( City Manager:AR 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF MATTHEW E. MANCOLL AND 4 ROBIN A. MANCOLL FOR THE CLOSURE OF 5 ONE-HALF OF AN UNIMPROVED, UNNAMED 6 ALLEY ADJACENT TO THE REAR OF 219 7 54TH STREET 8 9 WHEREAS, on November 14, 2023, the Council of the City of Virginia Beach 10 acted upon the application of Matthew E. Mancoll and Robin A. Mancoll (the 11 "Applicants") for the closure of one-half of an unimproved, unnamed alley adjacent to 12 the rear of 219 54th Street; 13 14 WHEREAS, City Council adopted an Ordinance (ORD-3753P) to close 15 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain 16 conditions being met on or before November 13, 2024; and 17 18 WHEREAS, on October 8, 2024, the Applicants requested an extension of time 19 to satisfy the conditions to the aforesaid street closure action. 20 21 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 22 Beach, Virginia: 23 24 That the date for meeting conditions of closure as stated in the Ordinance 25 adopted on November 14, 2023 (ORD-3753P), upon application of Matthew E. Mancoll 26 and Robin A. Mancoll, is extended to November 13, 2025. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 29 of , 2024. 30 31 No GPIN assigned (City Right-of-Way) 32 Adjacent to GPIN: 2418-79-6899 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorne CA16580 R-1 October 22, 2024 R5R(NE) R5R(N E) 55th street 01 R�SR(NE) �o 0 oQ R5R(N E) R5.R(N E.) 15, . N ® Site --7 Property Polygons w E Zoning LOCATION MAP S Building Feet 0 1020 40 60 80 100 120 s e A; Disclosure Statement l tF'3tLr &r 11 � t{I;�.itJi+fct c The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Matthew E.Mancoll&Robin A.Mancoll Does the applicant have a representative? !Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I]Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant (Attach a list if necessary) "Parent-subsidiary relationship'means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and local Government Conflict of Interests Act,Va. Code§2.2-3101. R,wseC 11 G91010 I I I r e Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item 1 Page 14 E e - I Disclosure Statement X ID AD WIWI- Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes 0 NO • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralitation,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■Yes ❑No • If yes,identify the financial institutions providing the service. Mortgage Electronic Registration Systems,Inc.(Tidewater Home Funding,LLQ;The Old Point National Bank of Phoebus 2. Does the applicant have a real estate broker/agent/reattor for current and anticipated future sales of the subject property? ❑Yes ■No a If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes i No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ■No • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?❑Yes 0 NO • If yes,identify the purchaser and purchaser's service providers. Rros-d i, Iq?020 2 Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item 1 Page 15 Disclosure Disclosure Statement W 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?(3 Yes 0 No e If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?E Yes ❑No e If yes,identify the firm and individual providing the service. Jeffrey D.Williams,Rouse-Sirine Associates,Ltd. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?i Yes ❑NO a If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Sianature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. A rI.; 4 "0�/r/ ZJ410;7 04 /OO&&/'/ A plicant Signature Matthew E.Mancoll Robin A.Mancoll Print Name a Title Date Is the applicant also the owner of the subject property? N Yes ❑NO e If yes,you do not need to fill out the owner disclosure statement. ® No changes as of Oat" 2023.10.24 slanatve ✓n_ Print Name Hoa N Dao Per t• ��u� o�n Rr >;d; u4 log 3 1 1 P c Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item 1 Page 16 Nu�� l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into Portions of City Right-of-Way Known as Arctic Avenue for Grill Virginia Beach, LLC at Atlantic Park MEETING DATE: November 12, 2024 ■ Background: As part of the Atlantic Park development project, Grill Virginia Beach, LLC, a Virginia limited liability company ("The Grill") has requested permission to encroach into a portion of City right-of-way in connection with establishment of an outdoor sidewalk cafe. The Grill leases the restaurant space from Venture Waves Mixed Use, LLC ("Venture"). Consequently, Venture will join as a party to the encroachment agreement with the City. The Grill proposes to construct and maintain a patio, fixed railing, planter boxes, pergola/trellis support posts and concrete footers, consisting of approximately 191 sq. ft., and extending approximately 5 ft. into the City's right-of-way known as Arctic Avenue ("Temporary Encroachments"). The Grill will maintain a minimum of 8 ft. of sidewalk space between the Temporary Encroachments and the curbs and gutters of the right-of-way. The above-listed Temporary Encroachments are more specifically shown on Exhibit A attached to the Ordinance. The Temporary Encroachments do not qualify for administrative approval under the Oceanfront Resort District Form- Based Code; therefore, the applicant is requesting approval by City Council. ■ Considerations: City staff reviewed the Temporary Encroachments and have recommended approval of same, subject to certain conditions outlined in the Agreement. Once the project is complete, The Grill will submit for review and approval "as- built" detailed plans of the Temporary Encroachments to the City, showing the specific size and location of the Temporary Encroachments. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Approve the Temporary Encroachments as presented, deny the Temporary Encroachments, or add conditions as desired by City Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreement, Location Map, Concept Plans and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate Economic Development City Manager:/I�w 1 AN ORDINANCE TO AUTHORIZE TEMPORARY 2 ENCROACHMENTS INTO PORTIONS OF CITY RIGHT- 3 OF-WAY KNOWN AS ARCTIC AVENUE FOR GRILL 4 VIRGINIA BEACH, LLC, AT ATLANTIC PARK 5 6 WHEREAS, as part of the Atlantic Park development project, Grill Virginia Beach, 7 LLC, a Virginia limited liability company (the "Applicant") has requested permission to 8 encroach into a portion of City right-of-way in connection with establishment of an outdoor 9 sidewalk cafe; 10 11 WHEREAS, the Applicant proposes to construct and maintain a patio, fixed railing, 12 planter boxes, pergola/trellis support posts and concrete footers, consisting of 13 approximately 191 sq. ft., and extending approximately 5 ft. into the City's right-of-way 14 known as Arctic Avenue (the "Temporary Encroachments"); 15 16 WHEREAS, the Applicant will maintain a minimum of 8 ft. of sidewalk space 17 between the Temporary Encroachments and the curbs and gutters of the right-of-way; and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 City's rights-of-way subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 27 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, its heirs, assigns and 28 successors in title are authorized to construct and maintain the Temporary Encroachments 29 within the City's right-of-way as shown on the exhibit, a copy of which is attached hereto as 30 Exhibit A, and on file in the Department of Public Works and to which reference is made for 31 a more particular description; 32 33 BE IT FURTHER ORDAINED, that the Temporary Encroachments are expressly 34 subject to those terms, conditions and criteria contained in the agreement between the City 35 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 36 been presented to the Council in its agenda, and will be recorded among the records of the 37 Clerk's Office of the Circuit Court of the City of Virginia Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 40 hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as the Applicant and the City Manager or his authorized designee execute the 44 Agreement. 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 46 , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FOR PUBLIC WORKS, REAL ESTATE CITY ATTORNE CA16578-A \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d025\p046\01001704.doc R-1 October 29, 2024 EXHIBIT A EXISTING R/W S13'S1'32"E204.67 II NORTHWEST BUILDING S76'08'28"W �-���I� BASEBULLDING 40 RLANTEIi---ANT 0 II ARC L NW NEW PROPOSED"THE GRILL a 81-5" VIRGINIABEACH,LLC" �` 9w CITY OF VIRGIN BEACH i ENCROACHMENT(PATIO A. °-' y o DEVELOPMENT AUTHORITY TRELLIS AND PATIO SEATING) m 8_�T = GPIN: 2427-07-5785 TOTAL AREA BEYOND PREVIOUSLY APPROVED IN # 202207000196 ENCROACHMENT(ORD-3712E): a (191 SF)-MAX PROJECTION:5.9' r e —� THIS EXHIBIT IS A RESULT OF FIELD TIES TO PREVIOUSLY APPROVED EXISTING MONUMENTS COMBINED WITH THE 131 SF CONCRETE COMPILATION OF DEEDS AND PLATS SHOWN 2ND STORY BALCONY I -59 7'-0" HEREON AND DOES NOT CONSTITUTE A SEPTEMBER 20, 2022 ,i` z36.1' BOUNDARY SURVEY. ORDINANCE ORD-3712E t 10'- " 7'-5" EXISTING R/W 24.8' BASESUILDING BASEBUILDING PUNTER V.ANTER (� • W •s O .� S76 '28"W-200.00' s.s O O p 19TH STREET (80' PUBLIC R/W) i iow 16LTR p�,k. (M.B. 1, PG. 20B) CG'VATESTATEP�,E 1 „6 La. Na 06209 4 0 10' 20' 4►0��.,(4,2�� ,�► 6 B"ONAL I SHHOWOWINNGG K i m ely,>>> H o r n PROPOSED ENCROACHMENTS FOR"THE 4=MAN STREET,SUITE Toot,NRGNIA SEACH.VA 23462 PHONE:GRILL VIRGINIA BEACH, LLC"AT Ww"i TST-ORN.Mo NWW.gNIEY-HptN.CON ATLANTIC PARK, INC. PROPOSED SITE PROJECT# 116607010 VIRGINIA BEACH,VIRGINIA PROJECT 25, 2024 SCALE: 1"— 20' 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 , 2024, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, "City" (for indexing purposes "Grantor"), and GRILL VIRGINIA BEACH, LLC, a Virginia limited liability company, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Tenant" (for indexing purposes "Grantee") and VENTURE WAVES MIXED USE, LLC, a Virginia limited liability company, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Venture" (for indexing purposes "Grantee"). WITNESSETH: WHEREAS, the Tenant has entered into a lease agreement with Venture by which the Tenant leases from Venture and Venture leases to the Tenant certain premises located within a portion of the Atlantic Park Condominium Phase 1 NWC- Northwest Commercial Unit 5 (GPIN: 2427-07-5785-0005), designated and described as Parcel "NW" as shown on that certain plat entitled: "EXHIBIT B CONDOMINIUM PLAT OF ATLANTIC PARK CONDOMINIUM PHASE 1 VIRGINIA BEACH, VIRGINIA," Scale 1" = 40', dated October 14, 2022, prepared by WPL, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No. 202307000001, and being further designated, known, and described as 405 19tn Street, Suite 115, Virginia Beach, Virginia 23451; GPIN: NO GPIN - CITY RIGHT-OF-WAY (ARCTIC AVENUE) 2427-07-5785-0005 (405 19t" STREET SUITE 115) WHEREAS, it is proposed by the Tenant to construct and maintain a patio, fixed railing, planter boxes, pergola/trellis support posts and concrete footers, consisting of approximately 191 total sq. ft., extending approximately 5' into the public right of way, and leaving a minimum of 8' of sidewalk between the all encroachments and the curb and gutter (collectively, the "Temporary Encroachment"), in the City of Virginia Beach. The Temporary Encroachments are further shown on the approved site plan entitled: "SITE DEVELOPMENT PLANS FOR ATLANTIC PARK VIRGINIA BEACH, VA", dated September 9, 2022 on file with the City's Dept. of Planning; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Tenant encroach into a portion of an existing City public right of way known as Arctic Avenue (between 19th Street and 20th Street) (the "Encroachment Area", and WHEREAS, the Tenant 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 Tenant 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 Tenant 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: SEE EXHIBIT A ATTACHED HERETO Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Tenant to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Tenant 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 Tenant, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Tenant; and that the Tenant will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Tenant 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 Tenant. 3 It is further expressly understood and agreed that the Tenant agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Tenant 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 Tenant 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 Tenant 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 Tenant and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Tenant 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 Tenant must obtain and keep in effect liability insurance with the City named as an additional insured in an amount not less than $1,000,000.00 per person injured and property damage per incident, combined. The company providing the insurance must be registered and 4 licensed to provide insurance in the Commonwealth of Virginia. The Tenant 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 Tenant 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 Tenant 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 Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Tenant must submit for review and approval, a survey of the Encroachment Area, certified by a 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 Tenant, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Tenant to remove the Temporary Encroachment; and pending such removal, the City may charge the Tenant for the use of the Encroachment Area, the equivalent of what would 5 be the real property tax upon the land so occupied if it were owned by the Tenant; 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, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 6 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/She is personally known to me. (SEAL) NOTARY PUBLIC My Commission Expires: My Registration Number: (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. He/She is personally known to me. (SEAL) NOTARY PUBLIC My Commission Expires: My Registration Number: 7 GRILL VIRGINIA BEACH, LLC, a Virginia limited liability company By: (SEAL) Name: JASON BERRY Title: PRINCIPAL STATE OF CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this day of 2024, by (name) (title) of Grill Virginia Beach, LLC, a Virginia limited liability company, on its behalf. (SEAL) NOTARY PUBLIC My Commission Expires: My Registration Number: [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 8 VENTURE WAVES MIXED USE, LLC, a Virginia limited liability company BY: (SEAL) Name: n. G,,tary�,►.✓ Title: STATE OF CITY/COUNTY OF MN-teAor1 to-wit: The foregoing instrument was acknowledged before me this o3 Tti day of Oc�*6 (L- 2024, by (name) 1✓111ACL (J.LPLtPE(L (title) i A8n- /� of Venture Waves Mixed Use, LLC, a Virginia limited liability company, on its behalf. ��—L\,L &G-_4"0 (SEAL) NOTARY PUBLIC My Commission Expires: �41 k2aafl �.•`yp.�AMIL(FR�,,� P Y p My Registration Number: 'ICU iL '5 �o�PR p� s �= MY C�;O COMMISSION NUMBER Q 7061445 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 9 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS - REAL ESTATE CITY ATTORNEY 10 EXHIBIT A _EXISTING R/W S13I51'32"E204.67 NORTHWEST BUILDING S76'08'28"W BASEBUILDING - 40 \ = l ❑ I PARCEL NW NEW PROPOSED"THE GRILL 81-511 CITY OF VIRGINIA BEACH VIRGINIA BEACH,LLC" G 1 ENCROACHMENT(PATIO DE-DEL OPMENT AUTHORITY TRELLIS AND PATIO SEATING) \ - 8;-O, GPIN.• 2427-07-5785 TOTAL AREA BEYOND ' PREVIOUSL Y APPROVED a IN # 202207000196 ENCROACHMENT(ORD-3712E): uj (191 SF)-MAX PROJECTION:5.9' THIS EXHIBIT IS A RESULT OF FIELD TIES TO PREVIOUSLY APPROVED - EXISTING MONUMENTS COMBINED WITH THE 131 SF CONCRETE COMPILATION OF DEEDS AND PLATS SHOWN 2ND STORY BALCONY 5 9 7'-0" HEREON AND DOES NOT CONSTITUTE A SEPTEMBER 20, 2022 _,+ 36.1 BOUNDARY SURVEY. ORDINANCE ORD-3712E '° 101- If . .o a Qr Ocl 7-5.I m EXISTING W R J / 24.8 CL BASEBUILDING BASEBUILDING PUNTER PUNTER isn `• _ S76'08'28"W-200.00' •�� e 19TH STREET NLTH(80' PUBLIC R/W) V (M.B. 1, PG. 20B)I t CiRDU1q�STA1FP NqD 18gy,993A NICE *�� ilm No. 052 0 10' 20' MAL EXHIBIT A SHOWING Kirnllely* Horn PROPOSED ENCROACHMENTS FOR"THE 4525 MAN STREET,SUITE/DOD.NRGINIA BEACH,VA 231"2 GRILL VIRGINIA BEACH, LLC"AT 'HONE W WA'NIM 797-21lEY-NDRN°60° . .COM ATLANTIC PARK, INC. PROPOSED SITE PROJECT# 116607010 VIRGINIA BEACH,VIRGINIA OCTOBER 25, 2024 ISCALE: V=20' LOCATION MAP sl 71 <_. A 2pT VA n G ~m Z i 2p�H S� �, H 5T 9 19 G611 tr ST �•?f�` h�Y a .� 5�,xf tr 1���5+ � " •��, f t i 1 t • • k .r ,.1g�� 5'T rn T �aa"a ,r may y� f r rr _ 1 r I I rTA�M. 1 i i - i 9 i Li H III ItPI-M f "11,01,110,11 Jill IN ,.�... SIN rr r f r� r I I I I I 1 1 - 1 I I I I I I Ap I I 1 I I I L-J t I j L J 1 i 1 j I•�I - ,�r - - ------------------ ---•---- � - --4- - - - - - -- -4 .-.-._._._.._�_ --"-- .1. J. LI .t. .1. .l J. ...-_r...... ..._ ..._ AUvO A"_ A160 A17.0 A17.7A171A1s.0 1 I I t I I I I I I I I _-LI - -!- - --- -�--�-•-•-----•---•- ------- ----. ._._ _.l.� j O O D j � i ❑ i i j <,R; i i p i i i i i i i i i i ii i i i i i ji - -i------•------ - - ---{- -'- - -----�-f-------t- j_- --_---I 2 ,..r. i i i I 1 II i i i i i ii i i i i i i J. .l .i. A140 A15C A16C A170 A 17 7 A179AIS0 � r v v v v v v e 1 A Ij t 16. , t I .-.-.-._.-.-.-------._! L_LlE�l9Gia•EX!oER[>DU ( 2 ]ENS rmsm pt m.flR mwe, L 1 ]E�PLAX•EY'VfRC'!_YA Disclosure Statement - t'i�y o/1',va�8xxk w � 111rinning&Communit% �. Develo mien' The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Grill Virginia Beach,LLC Does the applicant have a representative? NO Yes ❑ No • If yes,list the name of the representative. Kate Mitchell Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? `I: Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Jason Berry,Michael Reginbogin,Redleg Capital,LLC • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) Succotash LLC,Succotash F Street LLC,Ml Vida Wharf LLC,Gatsby Ballpark LLC,Wharf Grill LLC,Mi Casa Dupont LLC,Mahzedahr Nations Landing LLC,Knead Dupont LLC,W arf Du Jour LLC,Mi Vi a 14th Street LLC,Mi Vida F Street LLC,Knead Ballpark LLC '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest In the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(ill)there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act,Va, Code§2.2-3101. Revised 11.09.2020 11 P a g e Disclosure Statement I'Ianning &Communky . .�u Development .^d•o Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes M No • If yes,what is the name of the official or employee and what Is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering arty financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes 1[I No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtorfor current and anticipated future sales of the subject property? ❑Yes 2 No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?It Yes ❑ No • If yes,identify the firm and individual providing the service. Quantum Peak&MN Blum 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?1111 Yes ❑ No • If yes,identify the firm and individual providing the service. Studio 3877 5. is there any other pending or proposed purchaser of the subject property?❑Yes Xr. No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Disclosure Stateinent NvqrvoyfrivamF Pianning&Community '_ Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑ No • If yes,identify the company and individual providing the service. Building Resources,Inc. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? N Yes ❑ No • If yes,identify the firm and individual providing the service. Caliber Design,Inc. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■ Yes ❑NO a If yes,identify the firm and individual providing the service. Glenn Schoenfeld,Esq. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Print Name and Title Kate Mitchell,Expeditor Date Is the applicant also the owner of the subject property? ❑Yes . No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/ updated applicationsthat pertains to the No changes as of Date signature — Print Name Revised 11.09.2020 3 1 P a g e Disclosure Statement X 10 via {V4AI �A.,p plard t g&Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 P a g e _Disclosure Statement X 13 fkp n/Nyryir:.,,r,.v. e Planning&C:onununily '=x DeVelupin ,,i1 Owner Disclosure Owner Name Venture Waves Mixed Use,LLC Applicant Name Grill Virginia Beach,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? IN Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc,below. (Attach a list if necessary) Donna MacMillan-Whitaker,Michael Culpepper,John L Gibson III,Bruce Berlin,Doug Ellis, John Lawson,Joe LaMontagne,Tim Csten,Ph rrell Wi oa hams,Steven Bis ar ,Jo n Bis ar ,Robert Deacon • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Atlantic Park Inc.,Venture Realty Group,Venture Realty Group 1 LLC,Venture Waves LLC,WM Jordan Company,H2O Investments LLC,T e Costen Companies,Bishard Deve opment Corporation,Venture Waves Mixed se LLC,Venture Waves Su LLC Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes Iff No • If yes,what is the name of the official or employee and what is the nature of the interest? 'Parent-subsidiary relationship'means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship'means"a relationship,other than parent-subsidiary relationship,that exists when(1)one business entity has a controlling ownership interest in the other business entity,(11)a controlling owner in one entity is also a controlling owner in the other entity,or(lii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 1 P a g e Disclosure Staten lent fir p c+f 1`�'etunre ertr.'. 'lanminig&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? W Yes ❑ No a If yes,Identify the financial institutions providing the service. Fulton Bank,Old Point National Bank,Dollar Bank 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■Yes ❑No ` a If yes,identify the company and individual providing the service. Venture Realty Group 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes X. No a If yes,identify the firm and Individual providing the service. BDO,Forvis 4. Does the Owner have services from an architect/landscape architect/land planner provided In connection with the subject of the application or any business operating or to be operated on the property?W Yes ❑ No a If yes,identify the firm and individual providing the service. Cooper Carry,WPL 5. Is there any other pending or proposed purchaser of the subject property?❑Yes f No a If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑ No a If yes,identify the company and Individual providing the service. WM Jordan,Ruppert,Craft Construction 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0%Yes ❑ No a If yes,identify the firm and individual providing the service. Kimley Horn,WPL Revised 11.09.2020 6 ( P a g e aisclOSUre Statement planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑ No, • If yes,identify the firm and individual providing legal the service. Kaufman Canoles Owner Signature i certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. V fWTTVAL' I.Ad F 5 !9%)tC:O V s z ,L L-t Owner— Signature _ Print Name and Title Manager Date Revised 11.09.2020 7 ( P a g e � S F� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into Portions of City Right-of-Way Known as 20th Street for Mi Vida Virginia Beach, LLC, at Atlantic Park MEETING DATE: November 12, 2024 ■ Background: As part of the Atlantic Park development project, Mi Vidi Virginia Beach, LLC, a Virginia limited liability company ("Mi Vidi"), has requested permission to encroach into a portion of City right-of-way in connection with establishment of an outdoor sidewalk cafe. Mi Vida leases the restaurant space from Venture Waves Mixed Use, LLC ("Venture"). Consequently, Venture will join as a party to the encroachment agreement with the City. Mi Vida proposes to construct and maintain a patio, railing, pergola, support posts and concrete footers, consisting of approximately 44 sq. ft., and extending approximately 3 ft. into the City's right-of-way known as 201h Street (the "Temporary Encroachments"). Mi Vida will maintain a minimum of 8 ft. of sidewalk space between the Temporary Encroachments and the curbs and gutters of the right-of-way. The above-listed Temporary Encroachments are more specifically shown on Exhibit A attached to the Ordinance. The Temporary Encroachments do not qualify for administrative approval under the Oceanfront Resort District Form- Based Code; therefore, the applicant is requesting approval by City Council. ■ Considerations: City staff reviewed the Temporary Encroachments and have recommended approval of same, subject to certain conditions outlined in the Agreement. Once the project is complete, Mi Vida will submit for review and approval "as- built" detailed plans of the Temporary Encroachments to the City, showing the specific size and location of the Temporary Encroachments. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Approve the Temporary Encroachments as presented, deny the Temporary Encroachments, or add conditions as desired by City Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreement, Location Map, Concept Plans and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate Economic Development City Manager:t`l�� 1 AN ORDINANCE TO AUTHORIZE TEMPORARY 2 ENCROACHMENTS INTO PORTIONS OF CITY RIGHT- 3 OF-WAY KNOWN AS 20TH STREET FOR MI VIDA 4 VIRGINIA BEACH, LLC, AT ATLANTIC PARK 5 6 WHEREAS, as part of the Atlantic Park development project, Mi Vida Virginia Beach, 7 LLC, a Virginia limited liability company (the "Applicant") has requested permission to 8 encroach into a portion of City right-of-way in connection with establishment of an outdoor 9 sidewalk cafe; 10 11 WHEREAS, the Applicant proposes to construct and maintain a patio, railing, 12 pergola, support posts and concrete footers, consisting of approximately 44 sq. ft., and 13 extending approximately 3 ft. into the City's right-of-way known as 20th Street (the 14 Temporary Encroachments"). 15 16 WHEREAS, the Applicant will maintain a minimum of 8 ft. of sidewalk space 17 between the Temporary Encroachments and the curbs and gutters of the right-of-way; and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 City's rights-of-way subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 27 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, its heirs, assigns and 28 successors in title are authorized to construct and maintain the Temporary Encroachments 29 within the City's right-of-way as shown on the exhibit, a copy of which is attached hereto as 30 Exhibit A, and on file in the Department of Public Works and to which reference is made for 31 a more particular description; 32 33 BE IT FURTHER ORDAINED, that the Temporary Encroachments are expressly 34 subject to those terms, conditions and criteria contained in the agreement between the City 35 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 36 been presented to the Council in its agenda, and will be recorded among the records of the 37 Clerk's Office of the Circuit Court of the City of Virginia Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 40 hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as the Applicant and the City Manager or his authorized designee execute the 44 Agreement. 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 46 , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: UBLIC WORKS, EAL ESTATE CITY ATTORNEY CA16578-B \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d025\p046\01001704.doc R-1 October 29, 2024 EXHIBIT A 0 PREVIOUSLY APPROVEVE D 20TH STREET 39 SF CONCRETE (80' PUBLIC Rlw) PATIO AND (M.B. 1 PG. 20b) 3.0 TALL ' ^"° "B83ryggg� 2 HE LANDSCAPING �� NEW PROPOSED'MI VIDAVIRGINIABEACH, RETAINING WALL LLC'ENCORACHMENT(PATIO TRELLIS AND SEPTEMBER 20, 2022 PATIO SEATING)TOTAL AREA BEYOND ORDINANCE ORD-3712E PRE VIOUSLY APPROVED ENCROACHMENT (ORD-3712E):44 S.F.,MAX PROJECTION BEYOND PROP.LINE:3.2 FEET. — — — — — — — OO ALL LANDSCAPING AS PREVIOUSLY jZ- APPROVED. a° ,o° 15' 1.5 ° W 3. '-► , N76°10'00"E 5,00.00' 12 8' .6 _ ' ,r �. r °' EXISTING R/W z te PARCEL N L- W r ! CITY OF l/IRGINIA BEACH o F DEVELOPMENT AUTHORITY o LL GPIN: 2427- 17—0960 po IN # 20220700195 I \ z NORTH BUILDING - EXISTING R/W _a PROPERTY LINE I i oil PARCEL VL-2 p I m CITY OF VIRGINIA BEACH �t►�liLTH t j DEVELOPMENT AUTHORITY �G'r GPIN: 2427-07-8854 c �` IN # 20220700195 j III .o IIla. xa 06229e THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN 0 10' 20' ` HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. QS`IpNAL EXHIBITA SHOWING Kimley* Horn PROPOSED ENCROACHMENTS FOR 4525 MAIN STREET,SUITE 1000,MROINIA BEACH,VA 23462 PHONE: 757-213-15600 "MI VIDA VIRGINIA BEACH, LLC" AT WWW.KIMLEY-HORN.COM ATLANTIC PARK, INC. PROPOSED SITE PROJECT# 116607010 VIRGINIA BEACH,VIRGINIA [OCTOBER 25, 2024 1 SCALE: 111 -20' 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 2024, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, "City" (for indexing purposes "Grantor"), and MI VIDA VIRGINIA BEACH, LLC, a Virginia limited liability company, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Tenant" (for indexing purposes "Grantee") and VENTURE WAVES MIXED USE, LLC, a Virginia limited liability company, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Venture" (for indexing purposes "Grantee"). WITNESSETH: WHEREAS, the Tenant has entered into a lease agreement with Venture by which the Tenant leases from Venture and Venture leases to the Tenant certain premises located within a portion of the Atlantic Park Condominium Phase 1 NC-North Commercial Unit 4 (GPIN: 2427-17-0960-0004), designated and described as Parcel "N" as shown on that certain plat entitled: "EXHIBIT B CONDOMINIUM PLAT OF ATLANTIC PARK CONDOMINIUM PHASE 1 VIRGINIA BEACH, VIRGINIA," Scale 1" = 40', dated October 14, 2022, prepared by WPL, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No. 202307000001 , and being further designated, known, and described as 332 20th Street, Suite 120, Virginia Beach, Virginia 23451; GPIN: NO GPIN - CITY RIGHT-OF-WAY (ARCTIC AVENUE) 2427-17-0960-0004 (332 20'" STREET, SUITE 120) WHEREAS, it is proposed by the Tenant to construct and maintain a patio, railing, pergola and support posts and concrete footers, consisting of approximately 44 sq. ft., extending approximately 3 ft. into the City public right-of-way, and leaving a minimum of 8' of sidewalk between all encroachment and the curb and gutter (collectively, the "Temporary Encroachment"), in the City of Virginia Beach. The Temporary Encroachments are further shown on the approved site plan entitled "SITE DEVELOPMENT PLANS FOR ATLANTIC PARK VIRGINIA BEACH, VA", dated September 9, 2022, on file with the City's Dept. of Planning; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Tenant encroach into a portion of an existing City public right of way known as 20 1 Street between Pacific Avenue and Arctic Avenue, the "Encroachment Area"; and WHEREAS, the Tenant 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 Tenant 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 Tenant 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: SEE EXHIBIT A ATTACHED HERETO Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Tenant to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Tenant 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 Tenant, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Tenant; and that the Tenant will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Tenant 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 Tenant. 3 It is further expressly understood and agreed that the Tenant agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Tenant 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 Tenant 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 Tenant 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 Tenant and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Tenant 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 Tenant must obtain and keep in effect liability insurance with the City named as an additional insured in an amount not less than $1,000,000.00 per person injured and property damage per incident, combined. The company providing the insurance must be registered and 4 licensed to provide insurance in the Commonwealth of Virginia. The Tenant 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 Tenant 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 Tenant 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 Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Tenant must submit for review and approval, a survey of the Encroachment Area, certified by a 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 Tenant, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Tenant to remove the Temporary Encroachment; and pending such removal, the City may charge the Tenant for the use of the Encroachment Area, the equivalent of what would 5 be the real property tax upon the land so occupied if it were owned by the Tenant; 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, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 6 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/She is personally known to me. (SEAL) NOTARY PUBLIC My Commission Expires: My Registration Number: (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. He/She is personally known to me. (SEAL) NOTARY PUBLIC My Commission Expires: My Registration Number: 7 MI VIDA VIRGINIA BEACH, LLC, a Virginia limited liability company By \ (SEAL) Name: JASON BERRY Title: PRINCIPAL STATE OF CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this day of , 2024, by (name) (title) of Mi Vida Virginia Beach, LLC, a Virginia limited liability company. (SEAL) NOTARY PUBLIC My Commission Expires: My Registration Number: [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 8 VENTURE WAVES MIXED USE, LLC, a Virginia limited liability company By: (SEAL) Name: A. 't %eme --I— Title: 4, STATE OF CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this 30T"' day of ru,6R� , 2024, by (name) wv�e-t*Arp L CAAL,a2gg= _, (title) h%4kg;,E"2 of Venture Waves Mixed Use, LLC, a Virginia limited liability company, on its behalf. \ice -4��, C D (SEAL) NOTARY PUBLIC YA " My Commission Expires: C213�12�"} ,•`��'b..........�fl� r,, My Registration Number: "j-4>yjWLLt5 •'�° Y . �o �P. o' '2 4q [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 9 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS - REAL ESTATE CITY ATTORNEY 10 EXHIBIT A nr °po , r , PREVIOUSLY APPROVED 20TH STREET 39 SF CONCRETE (80' PUBLIC R/W) PATIO TALL ,r(M.B.AND 1, PG. 20b� TA�HSTS�P DORD 14�gA IVAD'�_��3( R^?ONE LANDSCAPING NEW PROPOSED'MI VIDA VIRGINIA BEACH RETAINING WALL LLC•ENCORACHMENT(PATIO TRELLIS AND SEPTEMBER 20, 2022 PATIO SEATING)TOTAL AREA BEYOND ORDINANCE ORD-3712E PREVIOUSLY APPROVED ENCROACHMENT (ORD-3712E):44 S.F.,MAX PROJECTION BEYOND PROP.LINE:3.2 FEET. - - -- - OO OO O ALL LANDSCAPING AS PREVIOUSLY „•°° APPROVED. g 15' • 3 1.5' .1' W 3, '-► N76.10'00"E 500 00' Z EXISTING R/W _ PARCEL N W CITY OF VIRGINIA BEA CH o DEVELOPMENT AUTHORITY b GPIN.- 2427- 17-0960 '" ° IN # 20220700195 Z NORTH BUILDING U EXISTING R/W 6a L CL PROPERTY LINE Q, PARCEL VL-2 - � o m CITY OF VIRGINIA BEACH p,LTH °� y � cD DEVELOPMENT AUTHORITY GPIN.• 2427-07-8854 0 '1 I IN # 20220700195 .a Ila xa 052299 THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS �k COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN 0 10' 20' aB�I a� HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. ANAL EXHIBIT Anil Kimlic;y * Horn SHOWING PROPOSED ENCROACHMENTS FOR 4525 MAN STREET,SUITE 1000,VIRGINIA BEACH,VA 23462 "MI VIDA VIRGINIA BEACH, LLC" AT PHONE: 757-213-B6M NWM'.KNILFY-HORN.Cp ATLANTIC PARK, INC. PROPOSED SITE PROJECT# 116607010 VIRGINIA BEACH,VIRGINIA OCTOBER 25, 2024 1 SCALE: 1"=20' LOCATION MAP s t rr 20 201S ' ' r n s n %%Vida ` ' 2�jH sT , lg-tH 5T I ,` x 1.9.1 ST�TH s l p Y r f' ,, 55 lg?H5 CA r Y • 4 a Y $ yg r S. f Kn y j �. LLl1_1 .. ... . ,•, M AV PERGO(A PROJEC'tCN OVER AREA OF PATIO ENCROACKW. RM.;t Sf INTO ROM+W Si a ads. r..w.....• � e��� '.� m.. .r,•ram. � !I _ L� J- - !I •, Q j � •I Disclosure Statement Planning g ConiTnursity Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form Is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Mill Vida Virginia Beach,LLC Does the applicant have a representative? iIF Yes ❑ No • If yes,list the name of the representative. Kate Mitchell Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? h. Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Jason Berry,Michael Reginbogin,Redleg Capital,LLC • if yes,list the businesses that have a parent-subsidiary'or affiliated business entV relationship with the applicant. (Attach a list If necessary) Succotash LLC,Succotash F Street LLC,Mi Vida Wharf LLC,Gatsby Ballpark LLC,Wharf Grill LLC,MI Casa Dupont LLC,Mahzedahr Nation Lan ng LLC,Knea Dupont LLC,-Wharf lour LLC,Mi Vida 14th Street LLC,Mi Vida F Street LLC,Knead Ballpark LLC '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity Is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there Is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 11 P a g e Disclosure Statement Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes W No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateraiization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have areal estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes N No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?11 Yes ❑ No • If yes,identify the firm and Individual providing the service. Quantum Peak&MN Blum 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating orto be operated on the property? it Yes ❑ No • If yes,identify the firm and individual providing the service. Studio 3877 5. Is there any other pending or proposed purchaser of the subject property?❑Yes k No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 ( P a g e Disclosure Statement faprif 1'v�im;r+arKA Planning &Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? 1. Yes ❑ No • If yes,identify the company and Individual providing the service. Building Resources,Inc. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑ NO • If yes,identify the firm and Individual providing the service. Caliber Design,Inc. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?ICE Yes ❑ NO • If yes,identify the firm and Individual providing the service. Glenn Schoenfeld,Esq. Applicant Signature I certify that all of the Information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. &Z& ?A&-" Applicant Signature Print Name and Title Kate Mitchell,Expeditor Date --- --— Is the applicant also the owner of the subject property? ❑Yes N NO • If yes,you do not need to fill out the owner disclosure statement. FOR ONLY/ disclosures must be updated that pprtains to the applications 13 No do"a as of Date signature Print Name --- --- - - Revised 11.09.2020 3 P a g e Disclosure Statement Planning &Community Development _. Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 1 P a g e Disclosure Statement raye(Y= �n�. VDIlee—vellopment Owner Disclosure Owner Name Venture Waves Mixed Use, LLC Applicant Name Mi Vida Virginia Beach,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a Ast If necessary) Donna MacMillan-Whitaker,Michael Culpepper,John L Gibson III,Bruce Berlin,Doug Ellis, John Lawson,Joe LaMontagne,Tim Costen,Pharre 1 Wi isms,Steven Bishard,John Bishard,Robert Deacon • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Atlantic Park Inc.,Venture Realty Group,Venture Realty Group 1 LLC,Venture Waves LLC,WM Jordan Company,H2O Investments LLC,The Costen Companies,Bishard Development Corporation,Venture Waves Mixed Use LLC,Venture Waves Surf LLC a Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development contingent on the subject public action?❑Yes AN No • If yes,what is the name of the official or employee and what is the nature of the interest? a"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(III)there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 1 P a g e Disclosure Statement 13 Planning& 001111flu-nity T velopiumt, Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? K Yes ❑No • If yes,identify the financial Institutions providing the service. Fulton Bank,Old Point National Bank,Dollar Bank 2. Does the Owner have areal estate broker/agent;/realtor for current and anticipated future sales of the subject property? ■Yes ❑No a If yes,identify the company and Individual providing the service. Venture Realty Group 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ■ No a If yes,Identify the firm and individual providing the service. BDO,Forvis 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?11 Yes ❑No a If yes,identify the firm and individual providing the service. Cooper Carry,WPL 5. Is there any other pending or proposed purchaser of the subject property?❑Yes IN No • If yes,Identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?10 Yes ❑No a If yes,identify the company and Individual providing the service. WM Jordan,Ruppert,Craft Construction 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑ No a If yes,identify the firm and individual providing the service. Kimley Horn,WPL Revised 11.09.2020 6 1 P a g e Disclosure Statement X r"�ru el4ytw'o Brcki� Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0. Yes ❑ No • If yes,identify the firm and individual providing legal the service. Kaufman Canoles Owner Signature I certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. Vt-w""" wiftot N►wv" Vic LA.(, F Ct!wnar Sigllatufe /4- G.'-wom _ Print Name and Title Manager Date Revised 11.09.2020 7 P a g e a� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a 100' City-owned drainage easement and into a 5' City-owned drainage and utility easement, located at the rear of 5345 Fairfield Blvd. MEETING DATE: November 12, 2024 ■ Background: Edward James Evard and Jacqueline Ann Evard (the "Applicants") request permission to construct and maintain a timber pier with an L-Head and to maintain an existing timber shed (collectively, the "Temporary Encroachment") into a 100' City-owned drainage easement and into a 5' City-owned drainage and utility easement, located at the rear of 5345 Fairfield Boulevard (GPIN: 1466-48- 3495). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the City-owned easements, which is where the Applicant has requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map, and Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager1*D 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A 100' CITY-OWNED DRAINAGE 6 EASEMENT AND INTO A 5' CITY- 7 OWNED DRAINAGE AND UTILITY 8 EASEMENT, LOCATED AT THE REAR 9 OF 5345 FAIRFIELD BLVD. 10 11 WHEREAS, Edward James Evard and Jacqueline Ann Evard (the 12 "Applicants"), request permission to construct and maintain a 12'x 88.1'timber pier with an 13 L-Head and to maintain an existing 8' x 8' timber shed, (collectively, the "Temporary 14 Encroachment") into a 100' City-owned drainage easement and into a 5' City-owned 15 drainage and utility easement, located at the rear of 5345 Fairfield Blvd, (GPIN: 1466-48- 16 3495); and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City easements subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 27 assigns and successors in title are authorized to maintain the Temporary Encroachment 28 within the City-owned easements as shown on the map entitled: "EXHIBIT 'A' — 29 ENCROACHMENT REQUEST FOR A PROPOSED TIMBER PIER FOR: EDWARD J. & 30 JACQUELINE A. EVARD 5345 FAIRFIELD BOULEVARD GPIN: 1466-48-3495-0000 31 PART OF LOT 59, BLOCK 59, SECTION 5, FAIRFIELD M.B. 87, PG. 16 & INST: 32 20200601000465830,"Scale: 1"= 50', dated November 6, 2023, prepared by Stone Green 33 Consulting, LLC, a copy of which is attached hereto as Exhibit A, on file in the Department 34 of Public Works and to which reference is made for a more particular description; 35 36 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 37 subject to those terms, conditions and criteria contained in the agreement between the City 38 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 39 been presented to the Council in its agenda, and will be recorded among the records of the 40 Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as the Applicants and the City Manager or his authorized designee execute the 48 Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 51 day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: ti PUBLIC WO S / REAL ESTATE . HARMEYER DEPUTY CITY ATTORNEY CA16554 R-2 Prepared: 08/21/2024 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d022\p057\00988195.doc _ EVARD ENCROACHMENT EXHIBIT W W .y � "' •�• w W w w ti MLW w w W EX.►MARSI \ 1 $v I1.1 ' EX.MARSH v w w w W W -1 W 00 Y s •, W w W w w w w W v WW 26.7' w W M.B.87 PG: 16 IL MLW w �, D.B. 1482 PGS.544-545 W W W W W LOT 58 w w W I I W w w ( w W W w W Y w y W NOW OR FORMERLY LAURIE A. BLATH& W STEPHANIE A.THOMPSON I w w w w j alp <sC Y W w GPIN: 1466-48-3343 w INST:202306000283 w M.B.87,PG. 16 w � W PROPOSED w W wI W w• Wow w W w W ciI PRIVATE PIER W w W 100'DRAINAGE W WITH L-HEADS w w EASEMENT PER Ln REMOVE EX. W M.B.87,PG.16 PIER FRAMING00 \ \ W W N• 5' Ln . 5'SIDE AND REAR EASEMENT Iw LOT 60&PART OF LOT 59 v W• ,�� W . FOR DRAINAGE&UTILITIES o NOW OR FORMERLY PER M.B.87,PG.16 Im GEORGE& 2.0 CHRYSANTHIE Z. BESSINAS W w EX.MARSH I 4 EXISTING GPIN: 1466-48-4546 8'X8' INST:20141209001158420 W TIMBER SHED M.B. 87, PG. 16 w 2 STY. FRAME D.B. 1482, PGS. 544-545 1. THIS PLAN WAS PREPARED WITHOUT #5345 1.2 THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. oI I� T H OF 3. THIS EXHIBIT IS A RESULT OF FIELD m 9) TIES TO EXISTING MONUMENTS I oo 'PC COMBINED WITH THE COMPILATION $oAZ y OF DEEDS AND PLATS SHOWN n O HEREON AND DOES NOT CONSTITUTE Z R=50.00' � PF " SEAN E. GREEN n A BOUNDARY SURVEY. L=40.38' . �ti p1 LIC. N0. 0402064005 4. THE CITY OF VIRGINIA BEACH IS NOT ��• A RESPONSIBLE FOR THE VERIFICATION r _ PF OF THE RESTRICTIONS REQUIRED BY �/0 / G,�` 8-19-24 OTHER ASSOCIATIONS OR AGENCIES. S�ti�oO FB FSS/ONAL / � NOTE: L1 IS A LINE SHOWING FAIRFIELD / A CONVEYANCE BY DEED BOULEVARD ` 0 50 100 FROM LOT 59 TO LOT 60 PER 50'RIGHT-OF-WAY D.B. 1482, PGS.544-545 (REF:M.B. 87, PG. 16) SCALE: 1"=50' S 27°57'20" E 123.93' EXHIBIT 'A'- ENCROACHMENT REQUEST FOR A PROPOSED TIMBER PIER & EXISTING TIMBER SHED ENGINEERING SERVICES PROVIDED BY: FOR: EDWARD J. &JACQUELINE A. EVARD STONE GREEN CONSULTING, LLC 5345 FAIRFIELD BOULEVARD 4014 MEDINA ROAD#1015,AKRON, OH 44333 GPIN: 1466-48-3495-0000 (330) 400-3811 PART OF LOT 59, BLOCK A, SECTION 5, FAIRFIELD M.B. 87, PG. 16& INST: 20200601000465830 ©2024 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED AUGUST 12, 2024 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 f day of �/�' , 20Zq, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and EDWARD JAMES EVARD and JACQUELINE ANN EVARD, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Part of Lot "59" as shown on that certain plat entitled: "SUBDIVISION OF FAIRFIELD SECTION FIVE KEMPSVILLE BOROUGH — VIRGINIA BEACH, VIRGINIA," Scale: 1" = 100', dated November 1970, prepared by Marsh and Basgier Consulting Engineers , which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 87, at page 16, and being further designated, known, and described as 5345 Fairfield Boulevard, Virginia Beach, Virginia 23464; WHEREAS, it is proposed by the Grantee to construct and maintain a 12' x 88.1' timber pier with L-Head and to maintain an existing 8' x 8' timber shed, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 100' DRAINAGE EASEMENT (NO GPIN ASSIGNED) 5' DRAINAGE AND UTILITY EASEMENT (NO GPIN ASSIGNED) 1466-48-3495 (5345 FAIRFIELD BOULEVARD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a 100' City-owned drainage easement and into a 5' City-owned drainage and utility 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 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 & EXISTING TIMBER SHED FOR: EDWARD J. & JACQUELINE A. EVARD 5345 FAIRFIELD BOULEVARD GPIN: 1466-48-3495-0000 PART OF LOT 59, BLOCK A, SECTION 5, FAIRFIELD M.B. 87, PG. 16 & INST: 20200601000465830," Scale: 1" = 50', dated August 12, 2024, and 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. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 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. 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 3 obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 4 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, EDWARD JAMES EVARD and JACQUELINE ANN EVARD, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: 6 'tcH ward James Evard Jacqueline Ann Evard STATE OF V h�ql�- CITY/COUNTY OF iY 'Vl 6L to-wit: a7� The foregoing instrument was acknowledged before me this day of tA- , 202 , by Edward James Evard and Jacqueline Ann E rd. ,/; /I '/', Z (SEAL) N tary Public f'R JULIA F.PENDLEMN My Notary Registration Numb r: y7 NOTARYtTON My Commission Expires: (C� �3C REG.#1044 C COMMONWEMMOWAVAM MY COMMISS1 X15QINI ,,tSSION EXPIR APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM C WO S — REAL ESTATE 4;T4CIr R Y ATTORNEY 7 EVARD ENCROACHMENT EXHIBIT W W w W W w W W w W MLW W W W w W ,iEX.� � W `" W W ,� , „ 1 g1v � 1`'1.1'„ EX. ARH W J`w W W W A4AR5F� S `27 �. �. w W W 26.7' W W W W W w W8.'87 W PGw 16 W W w W W W W MLW w D.B. 182 w PG5.544 545 W W w W W 4 W W w W W W w W W W w w W W W w W w W w W W w W W W W w W Y LOT 58 W W w w W w w J W W I w W W w w W u NOW OR FORMERLY w W LAURIE A.BLATH& w STEPHANIE A.THOMPSON W GPIN: 1466-48-3343 y W W w w w W W �04 INST:202306000283 W Y w W M.B.87,PG. 16 W W W Ppd'POSED W W W W d I W RRIVA7t PIER W ' L W W 100'°DRAINAGE- W W W WITH 1-HEADw W w EASEMENT PER W W V1 W REMOVE EX. M.8 87,PG.16Y W�W' W W �� W PIER FRAMING \\ W w w W CA w W W 0 . tA W W W W w W W W 5'SIDE AND REAR EASEMENT I �°„°-, LOT 60&PART OF LOT 59 FOR DRAINAGE&UTILITIES q NOW OR FORMERLY W w W W W PER M.B.87,PG.16 Im GEORGE& W W w W W 2.0' CHRYSANTHIE Z.BESSINAS W Y EX.MARSH c EXISTING GPIN: 146&48-4546 �'�� 8�x8• INST.20141209001158420 W 2 STY.F TIMBER SHED M.B.87,PG. 16 ME 1 2, D.B. 1482,PGS.544-545 1. THIS PLAN WAS PREPARED WITHOUT #534S THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN 3 ENCROACHMENT REQUEST ONLY. o I I �00 L T H pF 3. THIS EXHIBIT IS A RESULT OF FIELD m TIES TO EXISTING MONUMENTS ( I : O,`� � ��� � COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN ^ 2' O ? HEREON AND DOES NOT CONSTITUTE Z I R=50.00' h`� pF " SEAN E. GREEN A BOUNDARY SURVEY. L=40.38' _ „ti p'1 LIC. N0. 0402064005 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION / A'C qr OF THE RESTRICTIONS REQUIRED BY PF 0/"� $-1�Z�v OTHER ASSOCIATIONS OR AGENCIES. FB •Sol L / / FSS8-19-ONA NOTE: Ll IS A LINE SHOWING FAIRFIELD / A CONVEYANCE BY DEED BOULEVARD ` 0 50 100 FROM LOT 59 TO LOT 60 PER SO'RIGHT-OF-WAY D.B. 1482,�PGS.544-545 (REF:M.B. 87, PG. 16 SCALE: 1"=50' S 27'57 20 E 123.93 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR A PROPOSED TIMBER PIER & EXISTING TIMBER SHED ENGINEERING SERVICES PROVIDED BY: FOR: EDWARD J. &JACQUELINE A. EVARD STONE GREEN CONSULTING, LLC 5345 FAIRFIELD BOULEVARD 4014 MEDINA ROAD#1015,AKRON, OH 44333 GPIN: 1466-48-3495-0000 (330)400-3811 PART OF LOT 59, BLOCK A,SECTION 5, FAIRFIELD M.B. 87, PG. 16&INST:20200601000465830 ©2024 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED AUGUST 12, 2024 Evard Photo Exhibit � F WW Overhead view of the property. Existing pier framing displayed. n M ,y � lv Ay r .. a* a' View from the yard looking Northwest. Evard Photo Exhibit PI z " R r _ f 4 '.. ' ' View looking Southeast View looking East Evard Photo Exhibit rx. �� 9A g a -S -ta t �;` s..¢,y,. .�« tie- A, °+!µ*"'^�"..�'"•'. �R View looking South z � 3 {c r ��. s: .. LL 10'DRAINAGE AND PORTION OF ^ .100' DRAINAGE EASEMENT 10' DRAINAGE AND �,;.,�; UTILITY EASEMENT ,,+�}� . STILL IN FORCE 4{ .r " s � ' 10' DRAINAGE AND Via, ..�-�' UTILITY EASEMENT Legend � v� AND 1466-48-3495 �� y, JACQUELINE A. EVARD ~� �� GPIN: 1466-48-3495 Portion of Lot 59 Acquired by Lot 60 �� � ,' X �,��,��' f 4)1 City Property �`�.` ,� 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 05/07/2024 X:\CADD\Drojects\ARC Files\AGENDA MAPS\1466-48-3495\1466-48-3495.mxc W E PR�Nc� S SITE *T n 10' DRAINAGE AND ovioENce�° _ UTILITY EASEMENT 1 � ♦ ♦ / PORTION OF ♦100' DRAINAGE EASEMENT / � �" 10' DRAINAGE AND UTILITY EASEMENT / `' ♦ STILL IN FORCE I ♦ °r 10' DRAINAGE AND UTILITY EASEMENT D mil 03 _ LOCATION MAP O ENCROACHMENT REQUEST FOR EDWARD J. EVARD Legend AND 1466-48-3495 JACQUELINE A. EVARD �___ Portion of Lot 59 Acquired by Lot 60 � � GPIN: 1466-48-3495 ` City Property Feet 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 05/07/2024 XACADD\Projects\ARC Files\AGENDA MAPS\1466-48-3495\1466-48-3495.mxc DocuSlgn Envelope ID:FF37634A-1B564C4B-A52C-75E30BDOFBO3 Disclosure Statement �. :., Planning& Community Devek)pnient The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Edward J. &Jacqueline A. Evard Does the applicant have a representative? ! Yes ❑ No • If yes,list the name of the representative, Robert Simon-Waterfront Consulting, Inc. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. Z"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and local Government Conflict of Interests Act,Va. Code§2.2-3101. Application Revised:August 2023 11Page DowSiyn F_nvelope ID:FF37634A-1BW 4C4B-A52G75E30BDOFB03 Disclosure St� - rat i - r•��„f�° �tF�f Planning &Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes @ No • If yes,identify the financial institutions. NO 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® NO • If yes,identify the firm or individual providing the service. No 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® NO • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑ Yes © No • If yes,identify the purchaser and purchaser's service providers. Application Revised:August 2023 2 2 Page DocuSign Envelope ID:FF37634A-1B564C4B-A52C-75E308DOFBO3 Disclosure Statement via n ing &:Guntntt niYti cti c°ka alert 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ® NO • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ NO • If yes,identify the engineer/surveyor/agent. Agent-Robert Simon,Waterfront Consulting, Inc. Engineer-Sean E.Green,P.E.,Stone Green Consulting,LLC 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ® No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. e—Docubigned by: pPIMMgtre -- - -- — - Edward J. &Jacqueline A. Evard Print Name and Title _ - 11/7/202 3 10/ 31-;z Ai-- — ----- - --�.-- - ---_ ---- - Date Is the applicant also the owner of the subject property? 0 Yes ❑ NO • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/ that pertains to the applications No changes as or Date Signature Print Name L Application Revised:August 2023 3 31Page ..,tip.. i3 =si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to the FY 2024-25 Operating Budget of Parks and Recreation for Expanding Access to Preschool Services MEETING DATE: November 12, 2024 ■ Background: The Department of Parks and Recreation's early childhood programs are licensed through the Virginia Department of Education and serve some of the City's youngest population of three- to five-year-olds. The program's focus is on social-emotional learning, building life-long skills, and preparing the children for kindergarten. The Department of Parks and Recreation's contract with Old Dominion University Research Foundation (ODU) as the fiduciary agent for the Mixed Delivery Grant (MDG) Program through Virginia Early Childhood Foundation (VECF) will support programs focused on expanding access to the publicly funded preschool services for unserved and underserved three to four-year-old children. This is a contract with ODU and there is no cost to the City to participate and no local match requirement to receive these funds. The contract will allow the Department of Parks and Recreation to receive up to $14,560 per program participant who meets certain financial requirements. This will allow the Department of Parks and Recreation to dedicate 31 spaces for children to receive services at Williams Farm Recreation Center. ■ Considerations: By participating in this grant program, the Department of Parks and Recreation's early childhood programs will be able to increase the access of the City's most vulnerable population to high quality preschool services, improve program quality through class support, engage families in the decision-making process, and promote racial equality in access to high quality early childhood programs. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Departme gency: Parks and Recreation Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO THE FY 2024-25 OPERATING 3 BUDGET OF THE PARKS AND RECREATION FOR 4 EXPANDING ACCESS TO PRESCHOOL SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $451,360 is hereby accepted from the Virginia Early Childhood Foundation and 10 Old Dominion University Research Foundation and appropriated, with revenue increased 11 accordingly, to the FY 2024-25 Operating Budget of the Parks and Recreation 12 Department for the purpose of support programs focused on expanding access to 13 preschool services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: u get and Management Services City A rney's Office CA16670 R-1 October 30, 2024 BE CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to the Department of Human Services for Workforce Development MEETING DATE: November 12, 2024 ■ Background: The Virginia Department of Behavioral Health and Developmental Services is providing funding to the Department of Human Services to support various workforce initiatives. The initiatives will assist with growing the workforce and will provide services to individuals with behavioral health and developmental disorders. These funds will be allocated for staff training and curriculum development, licensure and credentialing costs, and clinical supervision to facilitate licensure attainment. ■ Considerations: This is one-time funding of $322,515 to support workforce development initiatives in the specified service areas. Funds must be fully expended by June 30, 2025. There is no required local match. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO THE DEPARTMENT OF HUMAN SERVICES FOR 3 WORKFORCE DEVELOPMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $322,515 is hereby accepted from the Virginia Department of Behavioral Health 9 and Developmental Services and appropriated, with revenue increased accordingly, to 10 the FY 2024-25 Department of Human Services Operating Budget for workforce 11 initiatives. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2024. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services i y A rney's Office CA16674 R-1 October 30, 2024 Qgeu° z ES 6 Acr iF CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $2,535,000 from the Fund Balance of the General Fund (1) to Provide a Loan to Volunteer Rescue Squads for the Purchase of Ambulances and (2) to Outfit the Ambulances MEETING DATE: November 12, 2024 ■ Background: On September 17, 2024, The City Council was briefed by Chief Stroud of the Department of Emergency Medical Services (EMS) about the challenges facing the City's ambulance fleet. To ensure adequate service delivery and inventory readiness, the City needs a fleet of 50 ambulances. The current size of the fleet is 36 ambulances, which leaves a 14 ambulance deficit. At any given time, at least one-third of the ambulance fleet is out of service for repairs. There have been recent occurrences in which only 15 to 16 ambulances were available during a shift, which is 2 to 3 less than is necessary for essential services. Ambulances taken out of service recently have been due to several unforeseeable circumstances including accident damage, manufacture engine defects, and other maintenance related reasons. In previous years, the delivery of replacement ambulances and turnaround time for repairs did not materially impair service delivery. Post pandemic, turnaround times for repairs have slowed down and the delivery time of replacement vehicles is expected to be around 2 years from the time of order. Exacerbating the current challenges is the fact that the City's 10 volunteer rescue squads own all ambulances in the fleet and manage their own purchasing and replacement strategies. This often results in each rescue squad purchasing vehicles that differ in components and parts. The volunteer squads do not receive direct funding from the City for their operating costs and do not currently charge patients or their insurance for services rendered. The primary source of revenue for the volunteer rescue squads are their individual squad fund drives, which are conducted annually. Historically, the City, at the request of individual rescue squads, has provided a zero percent interest loan for the purchase of replacement ambulances, which rescue squads then repaid over time through their fundraising. However, the volunteer squads do not currently have an identified source of funding for repayment of such loans but would like to continue the practice of rescue squad ownership of ambulances. ■ Considerations: Recently, EMS has been made aware of 5 ambulances for sale by local dealers that will be ready within 3-4 months. The potential to acquire these ambulances presents an opportunity to increase the fleet without the years long delay caused by the long lead times typical of new acquisitions. The purchase of these readily available ambulances would reduce the deficit needed to provide adequate service in the City. The costs of these ambulances are $308,000 each for three Chevy G4500s and $393,000 each for two Ford F-550s. The purchase price for all five is $1,710,000. An additional $165,000 per vehicle is needed to equip each ambulance with a cardiac monitor, power- cot (stretcher), pharmaceuticals, communications and IT equipment and other necessary devices. The total price for all 5 to be purchased and appropriately outfitted is $2,535,000. The City can offer the volunteer rescue squads a loan agreement with terms that would allow them to secure the five available ambulances. Such an agreement would include language making repayment contingent on future funding availability of the rescue squads with a funding source to be identified and implemented by July 1, 2030. Should a sustainable funding source not be identified by that date, the loan to the volunteer squads would be forgiven while they retain ownership of the assets. Any such agreement entered by the City would include a first right-of-refusal that would allow the City to acquire any of the five ambulances if a volunteer squad offers them for sale. Funding to cover this need can be satisfied by an appropriation of fund balance from the General Fund. Based on the unaudited number reported by the Department of Finance, the fund balance in the General Fund is 12.8% of the following year's revenues, which is slightly above the 8-12% needed per the City Council policy. ■ Public Information: Normal agenda notification process. ■ Attachments: Ordinance; Loan Agreement; and Promissory Note Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager:0-9 1 AN ORDINANCE TO APPROPRIATE $2,535,000 FROM 2 THE FUND BALANCE OF THE GENERAL FUND (1) TO 3 PROVIDE LOANS TO VOLUNTEER RESCUE SQUADS 4 FOR THE PURCHASE OF AMBULANCES AND (2) TO 5 OUTFIT THE AMBULANCES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1) $2,535,000 is hereby appropriated from the fund balance of the General Fund 11 for: 12 a. $1,710,000 for interest-free loans volunteer rescue squads for the 13 purchase of 5 new ambulances; and 14 b. $825,000 to the Department of Emergency Medical Services for the 15 purchase of equipment to outfit the ambulances. 16 17 2) The loans to the rescue squads shall require a loan agreement and a 18 promissory note. The loan agreement and note shall be in a form substantially 19 similar to loan agreement and promissory note attached hereto. Adopted by the Council of the City of Virginia Beach, Virginia on the day of Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: kot_AA A - - Budget and Management ervices City Attorney's Office CA16680 R-2 November 6, 2024 Agreement between the City of Virginia Beach and the rescue squad] THIS AGREEMENT is made and entered into this day of , 2024,by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the [rescue squad] , a Virginia non-stock corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, the CITY and RESCUE SQUAD desire to implement a loan forgiveness program contingent on future rescue squad funding availability and a right-of-refusal for the CITY; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of vehicles, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle(s). The CITY and RESCUE SQUAD desire for such loan to be paid over a period of years with a mutual understanding that no revenue source is readily available for repayment by the RESCUE SQUAD. Provided that a source is not identified prior to July 1,2030,all payments upon the loan and NOTE shall be discharged and forgiven by the CITY. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices and map books. C. Provide or pay for insurance for damage to ambulances with a $50,000 deductible and provide or pay for liability insurance for ambulances, emergency service and support vehicles owned by the RESCUE SQUAD. 1 D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle(s) through the CITY's Division of Automotive Services, so long as the vehicle(s) remain CITY-insured. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle(s) according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. The CITY shall have the first right-of-refusal to purchase the vehicle(s)prior to the RESCUE SQUAD offering such vehicle to any other potential purchaser. If the CITY forgives the loan based on subsection A in"Responsibilities of the City,"the purchase price for the CITY shall be $0. In all other instances, the purchase by the CITY will be at the then fair market value to be negotiated by the RESCUE SQUAD and CITY subject to an offset if a portion of the loan remains outstanding. The CITY'S refusal, if any, shall be reduced to writing. If the vehicle(s)be sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle(s), unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned equipment. C. If,notwithstanding the provisions of subsection E in the prior section,the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle(s) in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle(s) shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle(s), the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the fair market value of the vehicle(s). 2 B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. City Manager/Authorized Designee By: Title: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 3 PROMISSORY NOTE $ ,000.00 Virginia Beach, Virginia November , 2024 FOR VALUE RECEIVED, [rescue squad] , ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of [dollar amount]_($ .00)together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent(0%)per annum. Payment on principal shall be as follows: On or before November 15, 2030 - $ .00 On or before November 15, 2031 - $ .00 On or before November 15, 2032 - $ .00 On or before November 15, 2033 - $ .00 On or before November 15, 2034 - $ .00 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part,before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. Notwithstanding the preceding, this Promissory Note may be forgivable pursuant a repayment agreement between Maker and Noteholder. WITNESS the following signature(s). [rescue squad] (SEAL) Title: Date: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $430,659 to the Clerk of the Circuit Court for Technology Related Expenses MEETING DATE: November 12, 2024 ■ Background: The Code of Virginia (§ 17.1-279) establishes a $5 Technology Trust Fund Fee imposed on instruments recorded in the deed book. Four dollars of every $5 fee accumulates in a Technology Trust Fund to implement automation plans to modernize land records and update other office automation and information technology equipment. The State Compensation Board requires the City to appropriate the funding before it can be used. In FY 2024-25, the Office of the Clerk of the Circuit Court wishes to appropriate a total of $430,659 in available fund balance and estimated current year revenues to the Technology Trust Fund. The current fund balance is $253,020 and estimated fee revenues are $211,928. This funding will support the Clerk's vendors for annual software maintenance, including support for the Clerk's disaster recovery maintenance plan (Land Records system), the Court's E-Filing system, the Concealed Carry Permit electronic application system, the Supreme Court of Virginia CCMS (case management software), the Supreme Court of Virginia CIS (case imaging software), and the Supreme Court of Virginia VDS (video docketing software). This funding also supports the purchase of any additional hardware and servers that may be needed for the Office. ■ Considerations: The Office of the Clerk of the Circuit Court is self-sufficient with regard to technology in the office. No additional funding is requested from the City. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Clerk of the Circuit Court City Manager:140 1 AN ORDINANCE TO APPROPRIATE $430,659 TO THE 2 CLERK OF THE CIRCUIT COURT FOR TECHNOLOGY 3 RELATED EXPENSES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $430,659 is hereby appropriated from the Technology Trust Fund, with revenue 9 increased accordingly, to the FY 2024-25 Operating Budget of the Clerk of the Circuit Court 10 to support technological related needs and upgrades. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. Requires an affirmative vote by a majority of all members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r t��ff� udget and anagement Services - i y ttorney's Office CA16668 R-1 October 30, 2024 4 Ir 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $31,410 in Private Dredging Revenue to the FY 2024- 25 Capital Improvement Program to Project#100550 "Shadowlawn Area Dredging II" MEETING DATE: November 12, 2024 Background: The Shadowlawn area contains a City-funded neighborhood navigation channel funded through the Shadowlawn Neighborhood Dredging Special Service District (NDSSD). Residents of this NDSSD pay an extra 15.94 cents per$100 of assessed value of real estate tax to fund dredging activities. In addition, residents may pay an additional fee for the digging of access basins adjacent to their property, which are analogous to driveways. The Shadowlawn NDSSD's activities, as well as the private access basins, are captured in Capital Project #100550 "Shadowlawn Area Dredging II." In the FY 2024-25 Adopted Capital Improvement Plan, the cost of access basins in the Shadowlawn NDSSD was estimated to be $39,918. However, after bids were received and during the access basin agreement process, the local Wetlands Board confirmed that mitigation fees needed to be paid by those access basin properties that have non- vegetated and vegetated wetlands impacts. The total assessed fees equaled $33,000. 17 of the 19 potential access basin property owners agreed to participate in the second cycle dredging. In total, the 17 participating access basin dredge costs are $70,328. ■ Considerations: Per the access basin agreement process, the City has collected the full $70,328; however, due to the lower original estimate and subsequent appropriation, those funds cannot be utilized until the full amount is appropriated by City Council. The attached ordinance completes the appropriation for the full $70,328. ■ Public Information: Normal Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance, Project Detail Sheet Recommended Action: Approval Submitting Department/Agency: Department of Public Works City Manager: 1 AN ORDINANCE TO APPROPRIATE $31,410 IN 2 PRIVATE DREDGING REVENUE TO CAPITAL PROJECT 3 #100550, "SHADOWLAWN AREA DREDGING II" FOR 4 ACCESS BASIN DREDGING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $31,410 in private dredging revenue is hereby appropriated, with revenues 10 increased accordingly, to Capital Project #100550 "Shadowlawn Area Dredging II." 11 These funds will be used in accordance with access basin dredging agreements. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2024. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services y A or s Office CA16669 R-1 October 30, 2024 Fiscal Years FY25 through FY30 Capital Improvement Program Project:PG100550 itle:Shadowlawn Area Dredging II tatus:Approved category:Coastal Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement istrict:5 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY25 FY26 FY27 FY29 FY29 FY30 Future 289,918 251,000 38,918 Description and Sc..• This project is for the construction of a neighborhood navigation channel system in the Shadowlawn area.The system will include:a City-funded spur channel(funded by CIP 100274 Neighborhood Dredging Spur Channels)leading from the Western Branch Lynnhaven River channel;a Neighborhood Dredging Special Service District(NDSSD)that will fund a neighborhood channel to provide access for all NDSSD participants;and elective,individual access basins for each participant.The estimated cost of the initial construction of the individual access basins(to be paid by participants prior to construction)has been included in the project cost.Work includes design,permitting,property acquisition(if necessary),dredging,navigation aids,and monitoring. Purpose and Need For well over a decade,the difficulties of removing accumulated sediment have negatively impacted the City's waterfront homeowner's ability to optimize the use of their property and to reclaim necessary navigation channels within the Lynnhaven River.Water quality and habitat have also been severely impacted due to the siltation of the bottomland of the City's water resources.Removal of these shoaling sediments(sands,silts,clays,and organic)will have a very positive,multi-beneficial effect.This project was established after 80`o of the affected residents agreed to pay an increased real estate tax rate to address the affected channels as part of the Shadowlawn NDSSD. History and Current Status This project first appeared in the FY 2019-20 CIP and is a continuation of CIP 8-502 Shadowlawn Area Dredging.The NDSSD and this CIP project were established by City Council ordinance on March 12,2013.The NDSSD will run for sixteen years,during which three cycles of dredging are anticipated. The NDSSD rate will be re-evaluated every after each dredging cycle to ensure that all neighborhood channel costs are paid by the end of the 16-year period.The first dredging cycle was completed in February 2017.During the FY 2019-20 budget process the SSD tax rate was reviewed and no changes to the rate were recommended based on future cost estimates and the rate remains at 15.94 cents per$100 of valuation.The design and permitting of the second dredging cycle is 90%complete. Operating FY25 FY26 FY27 FY28 FY29 FY30 Total Operating Budget Impacts Total FTE Project • Schedule of Project Activities From-To Amount Design 11/22-10/24 42,000 Construction 11/23-10/24 247,918 Total Budgetary Cost Estimate: 289,918 Means of Financing Funding Subclass Amount Pay-As-You-Go-Shadowlawn 251,000 Private Contribution 38,918 i Total Funding: 289,918 FY 2024-25 to FY 2029-30 360 Capital Improvement Program M. PLANNING 1. KEMPSVILLE CHRISTIAN CHURCH (AKA KEMPSVILLE CHURCH OF CHRIST) for a Modification of Conditions to a Conditional Use Permit re construct two (2) additions to the existing church building at 5424 & 5432 Parliament Drive DISTRICT 1 RECOMMENDATION: APPROVAL 2. Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan, 2016 re The Urban Forest Management Plan, 2023, which will supersede the Urban Forest Management Plan, 2014 (Deferred from October 15, 2024) RECOMMENDATION: APPROVAL 3. Ordinance to AMEND Section 1501 of the City Zoning Ordinance (CZO) re eating and drinking establishments in the RT-1 Zoning District RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, November 12,2024 at 6:00 p.m.In the Council Chamber at City Hall, Building 1, 2M Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on https://virginiabeach.gov, broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below. All interested parties are invited to observe. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385- 4303 prior to 5:00 p.m. on November 12,2024. 2. Download WebEx and view the meeting at: httug,/Lgov.,,-bex.com/we blink/register/r0 3bcfc hda7 39c22dc06cd3114Paddf The following requests are scheduled to be heard: Kempsville Christian Church AKA Kempsville Church of Christ (Applicant & Property Owner) Modification of Conditions (Church) Addresses:5424&5432 Parliament Drive GPINs: 1467430780, 1467431335,City Council:District J. (Hutcheson) City of Virginia Beach-An Ordinance to amend section 1501 of the City Zoning Ordinance pertaining eating and drinking establishments. Copies of the proposed plans, ordinances, amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St, Suite 500, Virginia Beach, VA 23452 or online at https://virginiabeach.gov/pc. For information call 757-385-4621. If you require a reasonable accommodation for this meeting due to a disability, please call the City Clerk's Office at 757-385-4303. If you are hearing impaired,you can contact Virginia Relay at 711 for TOD service. The meeting will be broadcast on cable TV, https://virginiabeach.gov and Facebook Live. Please check our website at https*.//clerk.virginiabeach.gov/city- council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT - OCTOBER 29, 2024 & NOVEMBER 5,2024-1 TIME EACH 1 - A36--- o ❑ o 0 610 PDH2 R5D R10 PDH2 R5D R.1-0 0 ❑ J Q �^�J R-1;0 ROol ❑ PDH2 (P1 ) w R10 R10 PDH2 (P1 ) 0 R10 �10 o R 1;0 RI-0 J �❑ � ° ❑Rl 0 R7°5 R'7y5, ° �RT1:0 03 �, f �7 Rl 0 R7.5 R;7:5 N Kempsville Christian Church W F ® site 5424 & 5432 Parliament Drive S Property Polygons Zoning Feet Building 0 4080 160 240 320 400 480 ' NIA CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KEMPSVILLE CHRISTIAN CHURCH (AKA KEMPSVILLE CHURCH OF CHRIST [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit for the property located at 5424 & 5432 Parliament Drive (GPINs 1467431335 and 1467430780). COUNCIL DISTRICT 1 (Hutcheson) MEETING DATE: November 12, 2024 ■ Background: On August 5, 1964, City Council approved a Conditional Use Permit for a Religious Use on approximately 4.5 acres. Several modifications to the original approval have been granted including a building addition in 1987, inclusion of property and three building additions in 2002, and a modification of the approved 2002 additions in 2006. Not all of the approved additions from 2006 were constructed, notably a 10,400 square-foot addition to be used as a Family Life Center. The current proposal would be in lieu of this previously approved addition. The applicant is now seeking a Modification of Conditions to incorporate a parcel owned by the applicant to the immediate west (5432) of Parliament Drive and to construct two additions to the existing church building at 5424 Parliament Drive. One addition will be approximately 12,000 square feet to accommodate an interior multi-purpose area, and the other addition will be no larger than 900 square feet and will serve as a new entry and connector. Along with this proposal, the church will undertake a comprehensive exterior renovation, including updating cladding materials to a more modern palette, including gray stone veneer, new lap siding, and a standing seam metal roof. The existing traditional steeple will be replaced with a new modern feature. The additions will be built with the same materials in a contemporary style. The applicant will also be undertaking certain right-of-way improvements, including widening the sidewalk along Yoder Lane to five feet, improving deficient ADA ramps across an existing driveway entrance from Yoder Lane, and improving the alignment and overall design for an ADA ramp at the corner of Parliament Drive and Yoder Lane. Kempsville Christian Church Page 2 of 3 ■ Considerations: This property has been used for religious purposes for over 40 years and is compatible with the adjacent residential neighborhood and elementary school. The request will result in a full refresh of the church building's exterior to a modern material and color palette, as well as a refresh of some of the site's landscaping. While the rear addition will result in the loss of 65 parking spaces, the facility will still be served by 270 parking spaces which exceeds the minimum requirement of 107 parking spaces. The applicant is proposing to add a 10-count bicycle rack to their site as part of this project to help support goals of the Active Transportation Plan. The applicant's properties immediately adjoin the right-of-way that will be used for construction of Phase I of the Virginia Beach Trail. The applicant has expressed willingness to partner with the City to provide access to the future Virginia Beach Trail, as well as the potential to share parking. Condition 8 has been recommended to address trail access and shared parking during the site plan review process. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On October 9, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. 1. All conditions of approval attached to the Conditional Use Permit granted by the City Council on December 5, 2006 shall be deleted and replaced with the following conditions. 2. The additions and site improvements shall be developed in substantial conformance with the concept plans entitled "KCC Building Additions — Site Plan Concept Plan" prepared by Land Turtle Engineering, LLC, dated August 14, 2024 and "KCC Building Additions — Concept Plan W Overall Site" prepared by Land Turtle Engineering, LLC, dated August 14, 2024, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The additions shall be developed in substantial conformance with the elevations entitled "Kempsville Christian Church Elevations — Exterior" and prepared by Ionic DeZign Studios and dated August 14, 2024, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 4. The exterior renovations of the existing building shall be developed in substantial conformance with the renderings entitled "Kempsville Christian Kempsville Christian Church Page 3 of 3 Church Master Plan," prepared by Ionic DeZign Studios which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 5. The site shall be landscaped in substantial conformance with the concept plan entitled "KCC Building Additions — Site Plan Concept Plan" prepared by Land Turtle Engineering, LLC, dated August 14, 2024 and renderings entitled "Kempsville Christian Church Master Plan," prepared by Ionic DeZign Studios and dated March 4, 2024, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 6. The stormwater management plan shall be updated and submitted to the Development Services Center during final site plan review for water quantity and quality in accordance with the Public Works Specifications and Standards to include all new development and existing conditions. The stormwater management plan shall provide protection from detrimentally impacting all downstream receiving storm drain systems. 7. Per Section 5A.4 of the Site Plan Ordinance, Interior parking lot coverage requirements shall be met to include installation of parking lot trees within the existing parking lot on site and shall be approved as part of site plan review and approval. 8. The applicant shall coordinate with appropriate City departments (such as Planning & Community Development and Parks & Recreation) to determine if an agreement can be made to provide parking and appropriate access to the Virginia Beach Trail from the applicant's properties on Parliament Drive. 9. The proposed sidewalk must be extended to the northern property line. 10.The two current handicap ramps along Parliament Drive shall be replaced. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:eo Agenda Applicant & Property Owner: Kempsville Christian Church (AKA Kempsville Church of Christ) Planning Commission ' • October • 2024 CouncilCity - • Project Details Request Modification of Conditions Staff Recommendation Approval + � Staff Planner SOUTHERN BEVU Alexis Bailey/Elizabeth Nowak .. Location 5424 & 5432 Parliament Drive GP/Ns 1467431335 and 1467430780 R Site Size ` rHOgN@GRY m� Approximately 6.9 acresfM'"��N ; AICUZ Less than 65 dB DNL Watershed Chesapeake Bay ° Existing Land Use andZoning District ' Religious Use, parking lot/ R-10 Residential Surrounding Land Uses and Zoning Districts N o i t h "' ry :` ,�j 3 ,� •`ram Former Norfolk Southern Right-of-Way ° fi t Pq �� Warehouse, office/ 1-1 Light Industrial Parliament Drivep1s. Single-family dwellings/ R-10 Residential Yoder Lane Point O' View Elementary School/ R-10 Residential Multi-family dwellings/ PD-H2 Planned Unit Development (R-5D) Residential, (P1) Preservation Kempsville Christian Church (AKA Kempsville Church of Christ) Agenda Item 3 page 1 of 27 Background SummaryofProposal • The applicant is requesting a Modification of Conditions to a Conditional Use Permit for a Religious Use to incorporate the parcel immediately to the west (5432 Parliament Drive) within the boundaries of the Conditional Use Permit and to construct two additions to the existing church building at 5424 Parliament Drive. One addition will be approximately 12,000 square feet to accommodate an interior multi-purpose area and the other will be a new entry and connector that will not be larger than 900 square feet. Both additions will be located on the rear of the church on the north elevation. • City Council first approved a Conditional Use Permit for a Religious Use on this property on August 5, 1964. Several modifications to this original approval have been made over time including a building addition in 1987, inclusion of additional property and 21,650 square feet of additions in 2002, and a modification of the 2002 approved additions in 2006. Not all the additions approved in 2006 were constructed, notably a rear 10,400 square-foot addition that was to be used as a Family Life Center.The current proposal will replace this previously approved addition. • The applicant acquired 5432 Parliament Drive, which was previously used as the Carolanne Swim Club, in 2018 and has since utilized the property for parking. No changes are proposed for this portion of the property with the current request. • With this proposal, Kempsville Christian Church will also undertake a comprehensive exterior renovation of the existing church building.These renovations will include updating cladding materials to a more modern palette (including gray stone veneer, new lap siding, standing seam metal roof, and replacement of the existing traditional steeple with a new modern feature) and a change in overall color scheme from red brick and taupe to a blend of neutral beige and gray.The new single-story additions will be completed with the same materials in a contemporary style. • The new multi-purpose addition will be located on the east end of the north elevation and will occupy an area that is currently used as part of the church's parking lot.To accommodate this change, a parking area along the east elevation of the building, parallel to Yoder Lane, will be reduced to four spaces and the remainder of the area will be converted to green space. A former parking lot along the east elevation of the new addition will also be converted to green space. • The applicant's properties immediately adjoin the right-of-way that will be used for construction of Phase I of the Virginia Beach Trail. Though the overall site improvements proposed with this application are primarily limited to the southern end of the properties, the applicant will add a 10-count bicycle rack to their site as part of this project to help support the goals of the Active Transportation Plan. • The applicant will also be undertaking certain right-of-way improvements, including widening the sidewalk along Yoder Lane to a width of five feet, improving deficient ADA ramps across an existing driveway entrance from Yoder Lane, and improving the alignment and overall design for an ADA ramp at the corner of Parliament Drive and Yoder Lane. Kempsville Christian Church (AKA Kempsville Church of Christ) Agenda Item 3 page 2 of 27 Zoning History Map Key No. Request MDP Approved 1/18/2022 REZ (R-5 to R-8 w/PD-H2 Overlay) 3 " f+ Z 1 Approved 09/27/1982 -' - - LUP (Land Use Plan) Approved 5 03/30/1984 - ' - 2 CRZ (1-1 to Conditional A-36) R,o PDH: ao) Approved 01/4/2022 � j 3 CUP (Motor Vehicle Repair) �� r R10 Approved 09/11/2007 = PDH2(PI MODC (Expansion of Religious Use) RI 1 Approved 12/05/2006 � o CUP (Religious Use) Approved r _ R,o � 07/02/2002 Ri.S_ CUP (Church Addition) Approved 06/18/1987 CUP (Religious Use) Approved 08/05/1964 5 STC Approved 03/08/1995 Applica tion Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ:Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT. Alternative Compliance Evaluation • • • In Staff's opinion, this request for a Modification of Conditions is acceptable.This property has been used for religious purposes for over 40 years and is compatible with the adjacent residential neighborhood and elementary school.The request will result in a full refresh of the church building's exterior to a modern material and color palette, as well as a refresh of some of the site's landscaping. While the applicant's proposal to construct a 12,000 square-foot addition does increase the size of the rear addition approved in 2006 (10,400 square feet), it is still smaller than what had been approved in 2002 (14,300 square feet). The overall size of the church facility has increased greatly over time as it has grown to accommodate its congregation and ministries; however, given that the use is compatible with the surrounding context, that the parcel the church is associated with is relatively large, and that similarly-sized additions have been approved by City Council in the past, it is Staff's opinion this request will have no adverse effect on Kempsville Christian Church (AKA Kempsville Church of Christ) Agenda Item 3 page 3 of 27 surrounding properties and thus is supportable.The applicant has included needed right-of-way improvements as part of their overall proposal, including the widening of the sidewalk parallel to their property line along Yoder Lane and enhanced ADA ramps. Additionally, the placement of the new addition will result in an overall reduction in impervious surface of the site.These improvements have a net benefit for the community as well as for the applicant. One of the two parcels owned by the applicant, 5432 Parliament Drive, is immediately adjacent to the planned Virginia Beach Trail. This parcel was previously the location of the Carolanne Swim Club, a neighborhood pool that was removed by 2019.The applicant has been using this property as additional parking for their facility for several years. It is included in this Modification of Conditions application to incorporate it within the boundaries of the Religious Use Conditional Use Permit; no improvements to this parcel are planned with this application. The applicant has expressed willingness to partner with the City to provide access to the future Virginia Beach Trail, as well as to share parking and integrate access; however, as the primary improvements are planned for 5424 Parliament Drive, Staff recommends Condition 8 to address trail access and shared parking during the site plan review process. While the rear addition will result in the total loss of 65 parking spaces, the facility is still served by 270 spaces which exceeds the minimum requirement. Section 203(a)(28.1) of the Zoning Ordinance requires one parking space for every five seats or bench seating space in the main auditorium of a religious use. Kempsville Christian Church has 536 seats, which requires 107 parking spaces. Staff's analysis of potential traffic impacts indicates that there will be no significant change in traffic in this area as a result of this project. Given the above information, Staff recommends approval of the application subject to the conditions and exhibits included in the staff report. Recommended Conditions 1. All conditions of approval attached to the Conditional Use Permit granted by the City Council on December 5, 2006 shall be deleted and replaced with the following conditions. 2. The additions and site improvements shall be developed in substantial conformance with the concept plans entitled "KCC Building Additions—Site Plan Concept Plan" prepared by Land Turtle Engineering, LLC, dated August 14, 2024 and "KCC Building Additions—Concept Plan W Overall Site" prepared by Land Turtle Engineering, LLC, dated August 14, 2024, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The additions shall be developed in substantial conformance with the elevations entitled "Kempsville Christian Church Elevations— Exterior" and prepared by Ionic DeZign Studios and dated August 14, 2024, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 4. The exterior renovations of the existing building shall be developed in substantial conformance with the renderings entitled "Kempsville Christian Church Master Plan," prepared by Ionic Delign Studios which Kempsville Christian Church (AKA Kempsville Church of Christ) Agenda Item 3 page 4 of 27 have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 5. The site shall be landscaped in substantial conformance with the concept plan entitled "KCC Building Additions—Site Plan Concept Plan" prepared by Land Turtle Engineering, LLC, dated August 14, 2024 and renderings entitled "Kempsville Christian Church Master Plan," prepared by Ionic Delign Studios and dated March 4, 2024, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 6. The stormwater management plan shall be updated and submitted to the Development Services Center during final site plan review for water quantity and quality in accordance with the Public Works Specifications and Standards to include all new development and existing conditions.The stormwater management plan shall provide protection from detrimentally impacting all downstream receiving storm drain systems. 7. Per Section 5A.4 of the Site Plan Ordinance, Interior parking lot coverage requirements shall be met to include installation of parking lot trees within the existing parking lot on site and shall be approved as part of site plan review and approval. 8. The applicant shall coordinate with appropriate City departments (such as Planning & Community Development and Parks & Recreation) to determine if an agreement can be made to provide parking and appropriate access to the Virginia Beach Trail from the applicant's properties on Parliament Drive. 9. The proposed sidewalk must be extended to the northern property line. 10. The two current handicap ramps along Parliament Drive shall be replaced. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. 2006 Condition 1. All conditions, with the exception of Number 2, Number 3 and Number 4, attached to the Conditional Use Permit granted by the City Council on July 2, 2002 shall remain in effect. 2. Condition Number 2 of the July 2, 2002, Conditional Use Permit is deleted and replaced with the following: Kempsville Christian Church (AKA Kempsville Church of Christ) Agenda Item 3 page 5 of 27 The architectural style, building materials and colors of the 10,400 square foot Family Life Center and the storage building, as depicted on the plan entitled, "Kempsville Church of Christ, Preliminary Site Plan," prepared by The Spectra Group, dated June 2, 2006, shall be substantially similar to the architectural style, building materials, and colors of the existing structures on the site.The elevations of these additions shall be reviewed and approved by the Planning Director prior to the issuance of a building permit. 3. Condition Number 3 of the July 2, 2002, Conditional Use Permit is deleted and replaced with the following: Category I (evergreen shrubs) shall be installed along the north property line between Lots 1 and 2 of Yoder Estates and along the west property line behind the proposed storage building, adjacent to the Carolanne Swim Club property as depicted on the concept plan entitled, "Kempsville Church of Christ, Preliminary Site Plan," prepared by The Spectra Group, dated June 2, 2006. 4. Condition 4 of the July 2, 2002, Conditional Use Permit is deleted and replaced with the following: The proposed storage building shall be no larger than 1,000 square feet and shall be located on the site so that it is no closer than twenty (20) feet from the western property line. The garage doors of the storage building (the 25 foot wide side) shall be accessed via the proposed parking area thereby eliminating the need for an additional driveway on Yoder Lane. All garage doors of the storage building shall face the existing church property. 5. The storm water management plan shall be updated and submitted to the Development Services Center during final site plan review for water quantity and quality in accordance with the Public Works Specifications and Standards to include all new development and existing conditions.The stormwater management plan shall provide protection from detrimentally impacting all downstream receiving storm drain systems. 2002 Conditions 1. The existing property line that separates the existing church property from Lot 1 of"Yoder Estates" (also owned by the church) shall be vacated and a new plat put to record prior to the approval of the final site plan. 2. The architectural style, building materials, and colors of the 3,750 square foot classroom addition, the 3,600 square foot classroom addition and the 14,300 family life center shall be substantially similar to the architectural style, building materials, and colors of the existing structures on the site.The elevations of these additions shall be reviewed and approved by the Planning Director prior to the issuance of a building permit. 3. Category 1 (evergreen shrubs) shall be installed along the north property line between Lots 1 and 2 of Yoder Estates and along the property line behind the proposed parsonage adjacent to the Carolanne Swim Club property as depicted on the concept plan entitled "Kempsville Church of Christ, Preliminary Site Plan," prepared by The Spectra Group, dated February 14, 2002. Kempsville Christian Church (AKA Kempsville Church of Christ) Agenda Item 3 page 6 of 27 4. The proposed storage building shall be no larger than 1,000 square feet and shall be located on the site so that it is no closure than twenty (20) feet from the western property line. The garage doors of the storage building (the 25 foot wide side) shall be accessed via the proposed parking area thereby eliminating the need for an additional driveway on the proposed parsonage site. All garage style doors of the storage building shall face the existing church property. 5. Evergreen foundation landscaping, a minimum 18 inches in height at the time of planting and three (3) feet on center, shall be installed along the storage building facade that faces Yoder Lane. 1-omprehensive Plan Recommendations The Comprehensive Plan identifies these properties as being within the Suburban Area.The Policy Document of the Comprehensive Plan states that part of the guiding principle to create "Great Neighborhoods" includes the "support (of) those neighborhoods with complementary non-residential uses" (p. 1-60) and the site and building improvements are consistent with these recommendations. The proposed right-of-way improvements will provide a marked pathway to Point 0' View Elementary School and the sidewalks along Yoder Lane will be established prior to the completion of the Virginia Beach Trail. Yoder Lane based on use and access is anticipated to be a connection point to the Trail and the improvements proposed with this application will help with the transition to more accessible, multimodal transportation in this area. Additionally, these improvements align with what is described in the Special Area Development Guidelines of the Suburban Area in the Reference Handbook. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed.There are no substantial impacts to natural resources anticipated with this project. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Parliament Drive 2,600 ADT' 9,900 ADT'(LOS 4"D") No Change Anticipated 1 Average Daily Trips 4LOS = Level of Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) There are no long-term plans for Parliament Drive in the current MTP. Active Transportation Plan Kempsville Christian Church (AKA Kempsville Church of Christ) Agenda Item 3 page 7 of 27 The Virginia Beach Trail Phase 1 is planned for the adjacent former Norfolk Southern Railroad right-of-way. Pedestrian and cycling connections to the planned trail segment are encouraged for properties abutting the trail path. As recommended by Parks & Recreation staff, the applicant has agreed to provide bicycle parking with this project as well as condition future coordination with the City to provide shared parking for and access to the Trail. Public Water&Sewer The site connects to City water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on September 9, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, September 25, 2024 and October 2, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on September 23, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on October 3, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 29, 2024 and November 5, 2024. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on October 28, 2024. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on November 8, 2024. Kempsville Christian Church (AKA Kempsville Church of Christ) Agenda Item 3 page 8 of 27 ! NEWADAACCESSIBLE tn • Eswi ��m,a�ue`ar r:l m + ENTRANCE TO MAGNET \ I y a F,��rT PROPOSED 80.5 COLLECTOR BUILDING - SO FT MAGNET W a•.o¢inux >ea�s^ uaarxes.rawm r CONNECTOR d Y .a IfTT'f91 T T) s- .. NEW CURB AND GUTTER e sas rxane a e�.tRw;r�� AND DRIVING RADIUS ! 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P 5limanYena Yeaf enn�tletlfedn �' ��q�i�gE.s16 ��z�K�p��l�s�9� At F F �az:� i� ' � I �lii e [HI • i Kempsville Christian Church (AKA Kempsville Church of Christ) Agenda Item 3 page 12 of 27 /-Z JO ET a2ed E wall epua2v (Isuq:)jo q:)jnq:) ,311!Asdwa>l V>IV) qz)jnqD Ue.LIS[JqD all!Asdwa>i • • H 0 I L LL L Fi I T LI iT. 1-7- sj r Lu KEMPSVILLE CHRISIIAN CHURCH MASTER PLAN 5424 Parliament Drive Virginia Beach,Virginia • Ueld JOOIJ JOIJalul pasodoJd Elevations of p� s, 1011HU YNOUVAM CO S01PIRS UsIIed q001= ,h NJNONJ NVI1S10NJ�iili il�1 '� t IMI RI V Ir. S f j Ii F 1 1 b 1 l d � - `� ry r or. Kempsville Christian Church (AKA Kempsville Church of Christ) Agenda Item 3 page 14 of 27 Elevations a M M [ soipniS usizap aiuo1 _- ,�� aaanxa xnuuaaMusaM u, Ell jq I s r i j { L n Kempsville Christian Church (AKA Kempsville Church of Christ) Agenda Item 3 page 15 of 27 Elevations � � raNava�s•^saiaaaiw'•�awu7luw�ao: _ „E.. 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CL F— c N n � CONCEPT-VIEW 6 v Kempsville Christian Church (AKA Kempsville Church of Christ) Agenda Item 3 page 19 of 27 _ r � . 3 F F[ t rD A Y G Un ( j � e ' 4 n KEMPSVILLE CHRISTIAN CHURCH KEMPSVILLE CHRISTIAN CHURCH MASTER PLAN MASTER PLAN O M 5424 Parliament Drive 5424 Parliament Drive ° 7 Virginia Beach,Virginia 3 Virginia Beach,Virginiauq C rD Q O N tv --+, O rr (7 O rD N` 3 N �I W Renderings ,#Y M., •• �. ....i. + � win _ I ; AM- o ED u E> T� W E d.2Lu d `GE 0 NN O� i T a .n 1 'iM..--- U z v o V E> �—m O NN pl CONCEPT Kempsville Christian Church (AKA Kempsville Church of Christ) Agenda Item 3 page 21 of 27 Renderings •n .0 a. b aG V) > OC m U S JWJ W a O C Y�r m u�i`> CONCEPT VIEW I I n a� Fa. �� � jQt :�- J �� .. a.. .. .�., 1.0 N > c 0 W K-m yN O Y r m J CONCEPT VIEW 12 Kempsville Christian Church (AKA Kempsville Church of Christ) Agenda Item 3 page 22 of 27 Site • • 3n EL FM WPM- N� h "i sY Kempsville Christian Church (AKA Kempsville Church of Christ) Agenda Item 3 page 23 of 27 Site • • Mll s -- +� — — Kempsville Christian Church (AKA Kempsville Church of Christ) Agenda Item 3 page 24 of 27 Disclosure Disclosure VIRGINIA V BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council,boards, commissions, or other bodies. SECTION 1: APPLICANTDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Kempsville Christian Church Is Applicant also the Owner of the subject property? Yes@ Noo if no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ No® If yes,name Representative: Robert Tajan Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes@Noo if yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity z relationship with the applicant. (Attach list if necessary.) f!!s:Jack Gavin,chairman,Gary Hagberg,Terry Brinn,Brian Howton,David Verdes,Robert Tajan Does the subject property have a proposed or pending purchaser? Yes No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No@ If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity andfor individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, O @ cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 Kempsville Christian Church (AKA Kempsville Church of Christ) Agenda Item 3 page 25 of 27 Disclosure SECTIONAPPLICANT • - - . SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation O Architect/Designer/Landscape O O Ionic Dezign Group-Bart McElfresh Architect/Land Planner Construction Contractor O Engineer/surveyor/Agent Q 0 Land Turtle Engineering-Travis Rhodes Legal Services Q 0 Wolcott Rivers Gates-Mark Passcucci APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.i understand that upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Dignity signed by Robert Tajan Robert Tajan d� Date 2024.08.1511:36:48-041001 08/15/2024 Applicant Name(Print) Applicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.'See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. Z Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(ii1)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis,•or there is otherwise a close working relationship between the entities.'See State and Local Government Conflict of interests Act, Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 10/22/2024 DigAapy signed by Ak.Bailey Alexis Bailey Alexis Bailey �0�024.f0.2308:08:23 10/23/2024 Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Kempsville Christian Church (AKA Kempsville Church of Christ) Agenda Item 3 page 26 of 27 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Kempsville Christian Church (AKA Kempsville Church of Christ) Agenda Item 3 page 27 of 27 Virginia Beach Planning Commission October 09, 2024 Public Meeting Item # 3 Kempsville Christian Church Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Our next item on the consent agenda is Kempsville Christian Church. Is the property owner here? Mr. Tajan: Thank you, Planning Commission members. Bobby Tajan, elder and member of the Board of Directors of Kempsville Christian Church, 5424 Parliament Drive. We thank you for being on the consent agenda, and we are amenable to the conditions. Ms. Cuellar: We thank you for being with us today and being on the other side of this dais. So thank you, Mr. Tajan. Are the conditions acceptable to you? Mr. Tajan: Yes,they are. Ms. Cuellar: Okay, great. You may be seated. Is there any opposition to this item being on the consent agenda? Hearing none, I've asked Commissioner Anderson to read this into the record. Mr. Anderson:Thank you. The applicant is requesting a modification of conditions to a conditional use permit for religious use to incorporate the parcel immediately to the West 5432 Parliament Drive within the boundaries of the conditional use permit, and to construct two additions to the existing church building at 5424 Parliament Drive. One addition will be approximately 12,000 square feet to accommodate an interior multi-purpose area, and the other will be a new entry and connector that will not be larger than 900 square feet. Both additions will be located on the rear of the church on the north elevation. For this reason,we saw no objections,and we won't put it on the consent agenda. Ms. Cuellar: Thank you very much. Mr.Chairman,that was the last item on our consent agenda. The Planning Commission places the following applications on the consent agenda, items #1, 2, and 3. Mr. Alcaraz: Thank you. Do I have a motion to put these items on the consent agenda? Ms. Hippen: Moved. Mr. Alcaraz: Ms. Hippen has a motion. I need a second. Ms. Cuellar: Second. Mr. Alcaraz: Second by Ms. Cuellar. Madam Clerk:The vote is now open. By a vote of 9 to 0,items 1,2,and 3 have been recommended for approval by consent. Mr. Alcaraz: All right. Thank you. That concludes our consent. Those of you that have been approved, you can get with your planning representatives to see when you're available to be in front of city council. Vote Tall AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Estaris X Hi en X Mauch X Parks X Plumlee X Conditions 1. All conditions of approval attached to the Conditional Use Permit granted by the City Council on December 5, 2006 shall be deleted and replaced with the following conditions. 2. The additions and site improvements shall be developed in substantial conformance with the concept plans entitled "KCC Building Additions—Site Plan Concept Plan" prepared by Land Turtle Engineering, LLC, dated August 14, 2024 and "KCC Building Additions—Concept Plan W Overall Site" prepared by Land Turtle Engineering, LLC, dated August 14, 2024, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The additions shall be developed in substantial conformance with the elevations entitled "Kempsville Christian Church Elevations—Exterior" and prepared by Ionic Delign Studios and dated August 14, 2024, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 4. The exterior renovations of the existing building shall be developed in substantial conformance with the renderings entitled "Kempsville Christian Church Master Plan," prepared by Ionic Delign Studios which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 5. The site shall be landscaped in substantial conformance with the concept plan entitled "KCC Building Additions—Site Plan Concept Plan" prepared by Land Turtle Engineering, LLC, dated August 14, 2024 and renderings entitled "Kempsville Christian Church Master Plan," prepared by Ionic Delign Studios and dated March 4, 2024, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 6. The stormwater management plan shall be updated and submitted to the Development Services Center during final site plan review for water quantity and quality in accordance with the Public Works Specifications and Standards to include all new development and existing conditions.The stormwater management plan shall provide protection from detrimentally impacting all downstream receiving storm drain systems. 7. Per Section 5A.4 of the Site Plan Ordinance, Interior parking lot coverage requirements shall be met to include installation of parking lot trees within the existing parking lot on site and shall be approved as part of site plan review and approval. 8. The applicant shall coordinate with appropriate City departments (such as Planning & Community Development and Parks& Recreation) to determine if an agreement can be made to provide parking and appropriate access to the Virginia Beach Trail from the applicant's properties on Parliament Drive. 9. The proposed sidewalk must be extended to the northern property line. 10.The two current handicap ramps along Parliament Drive shall be replaced. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. •�NIABpjCl tLw CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO ADOPT AND INCORPORATE INTO THE VIRGINIA BEACH COMPREHENSIVE PLAN, 2016, THE URBAN FOREST MANAGEMENT PLAN, 2023, WHICH WILL SUPERSEDE THE URBAN FOREST MANAGEMENT PLAN, 2014 MEETING DATE: November 12, 2024 (Deferred at October 15, 2024 CC Hearing) ■ Background: The purpose of the Virginia Beach Urban Forest Management Plan Update is to identify immediate and long-term priority actions to preserve, expand, and diversify a sustainable urban forest for Virginia Beach. This document updates the previous Urban Forest Management Plan adopted in 2014. It provides a current assessment of the city's urban forest and establishes a clear set of priorities, objectives, projects, and recommendations for managing and collaborating with partners and stakeholders on positive urban forest growth. Although the city lost 1.34% of the Urban Tree Canopy (UTC) between 2012 and 2018, the plan maintains the goal of achieving 45% UTC by 2045. The Urban Forest Management Plan, 2023 is proposed to be adopted by reference and incorporated into the City of Virigina Beach Comprehensive Plan, 2016, superseding the Urban Forest Management Plan, 2014. A copy of the plan is provided. ■ Considerations: Internal and external stakeholders were part of the plan creation, and public engagement was completed through in-person meetings and an online survey. Staff is unaware of any opposition to the proposed amendment. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On September 11, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 7 to 1 . ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Urban Forest Management Plan, 2023 City of Virginia Beach — Urban Forest Management Plan, 2023 Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 1 AN ORDINANCE TO ADOPT AND INCORPORATE INTO 2 THE VIRGINIA BEACH COMPREHENSIVE PLAN, 2016 3 THE URBAN FOREST MANAGEMENT PLAN, 2023, 4 WHICH WILL SUPERSEDE THE URBAN FOREST 5 MANAGEMENT PLAN, 2014 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 WHEREAS, the Urban Forest Management Plan, 2023 has been developed with 11 extensive input from the community and stakeholders, including two public meetings 12 and an online public survey; and 13 14 WHEREAS, the revisions to the Urban Forest Management Plan were necessary 15 to identify immediate and long-term priority actions to preserve, expand, and diversify a 16 sustainable urban forest for Virginia Beach.; and 17 18 WHEREAS, the Urban Forest Management Plan, 2023 should be adopted and 19 incorporated as part of the Comprehensive Plan 2016, 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby 25 is, amended and reordained by: 26 27 The adoption by City Council of the Urban Forest Management Plan 2023 and its 28 incorporation into the Comprehensive Plan 2016. Such document is attached hereto 29 and made a part hereof, having been exhibited to the City Council and placed on file in 30 the Department of Planning and Community Development. 31 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 34 day of , 2024. 1 ROVED AZ CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Dep rtment COAttorneys Office ?:ot CA16625 R-1 August 15, 2024 2 Agenda A•• of BeachPlanning • • • September 1 The Urban Forest Management Plan, 2023 ,11e• An Ordinance to adopt and incorporate into the Virginia Beach Comprehensive Plan, 2016, the Urban Forest Management Plan, 2023, which will supersede the Urban Forest Management Plan, 2014 Summary of • The purpose of the Virginia Beach Urban Forest Management Plan Update is to identify immediate and long- term priority actions to preserve, expand, and diversify a sustainable urban forest for Virginia Beach. This document updates the previous Urban Forest Management Plan adopted in 2014. It provides a current assessment of the city's urban forest and establishes a clear set of priorities, objectives, projects, and recommendations for managing and collaborating with partners and stakeholders on positive urban forest growth. The Parks and Recreation Department asks that the Planning Commission approve the updated plan to be incorporated into the Virginia Beach Comprehensive Plan. Necommendation Staff recommends approval of this ordinance to adopt and incorporate the Urban Forest Management Plan, 2023 into the Comprehensive Plan, 2016, and replace the Urban Forest Management Plan, 2014. City of Virginia Beach Agenda Item 1 page 1 of 3 Virginia Beach Planning Commission September 11, 2024 Public Meeting Item # 1 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Our next order of business will be the regular agenda. Madam Clerk,we're ready for the first item on the regular agenda. Madam Clerk: The first item is item#1,City of Virginia Beach. Ms. Costanza: Good afternoon. My name is Brooke Costanza. I'm the City Arborist for Virginia Beach. I'm here to present the Urban Forest Management Plan for 2023. We would like this incorporated into the fuller comprehensive plan for the city. We have done a couple of urban tree canopy or a few urban tree canopy studies. The last one we did was in 2018, and comparing that to 2012, we actually have lost 1.4% of our urban canopy. So, what this document does is it goes through guidelines on how the city can achieve a goal of 45%urban tree canopy by 2045 that was established by city council in 2014. We are keeping that goal for this particular document as well. We have gone through some internal review and public engagement. We have had a couple of public meetings to present this to the public. We also have presented this to the Open Space Committee. We also have shared it throughout the city, throughout all the departments, and have had lots of good comments come back, and we have modified that document based on their comments that have come back. Ms. Cuellar: Okay. Thank you very much. Are there any questions of the applicant from the planning commission? Commissioner Plumlee? Mr. Plumlee: Hey there, how are you today? Thank you so much for your work. I really do appreciate it. I had brought up at the informal some concerns about the stakeholders involvement in the creation of the document. Do you know when it was advertised to the public for comment, this particular version 2023? Ms. Constanza: Yes, we advertised that November last year. Mr. Plumlee: November of last year? Ms. Costanza: Correct. Mr. Plumlee: And were the meetings with the stakeholders,were those also held last year? Ms. Constanza: Yes. Internally, they were done at the end of summer of last year. For the public, it was done in the fall. So October-November, November is when we actually had the public meetings, and we had a an online survey up for, I believe it's three months from November until January, and advertise that online as well. Mr. Plumlee: Okay. That's good to hear. There were several objectives set forth that are called measurable objectives, and I had asked you this question in the in the informal because I was concerned about these being mandates, but I think you are pointing out that these are objectives,and not necessarily mandates. Can you explain that, and that because it may come up in the future as to whether or not these are mandates,but it's being presented to us as these are objectives, and I want to get your position on that. Ms. Constanza: Yes, so a few of those statistics in there are stating that you have to, I think you presented, you have to plant this many acres in order to achieve the skull, and that's if we don't follow, certain objectives, we don't do tree preservation, then we would have to plant this many acres in order to achieve that goal because we are losing this amount of acreage per year,but a lot of those objectives are things that we are already doing when it comes to future considerations. Those are just things that we're going to look at in the future. So, I don't know if that kind of answers your question. Mr. Plumlee: Just being specific. So, it says implement measures to preserve 350 acres of urban tree canopy in any given year. That is not a mandate,is what you're saying? Ms. Constanza: That is not a mandate. Mr. Plumlee: It would also require that we're properly tracking, and that we have the facility to properly track whether or not we are in fact destroying more than 350 or whether we're getting close to that. What are the tracking measures that are going to be put in place so that we know because this is sort of real time,right? So, we're getting these applications coming in, and we need to take out 10 acres of trees in order to construct something that's being requested. How will we be able to know where we are on our goal of 350 acres? Ms. Constanza: Sure. One thing that we're doing for city property, we can't necessarily do this on private property, but we are tracking all tree removals, and tree plantings on city properties. Another thing that we're doing, we just had a flyover to measure the tree canopy in Virginia Beach. It's called LiDAR. It's basically a laser that comes through,measures the elevation of basically everything. Then you compare it to a heat tracking map. So, we're doing that every,we did it six years ago. We're doing it again now,so we're doing that every so often so we can track the percentage over time on private and public lands. Mr. Plumlee: We also have a request for a strategy to have a thousand acres of tree preservation, and/or planting each year for the next 13 years. That's also part of the objectives. Would that also fall under the same sort of tracking method that you just described? Ms. Costanza: Yes, we track all of our tree planting, tree preservation as well, but all of our tree planting is tracked on a map called VB Trees that we created in- house with our GIS team. Mr. Plumlee: Where I would be hard pressed to know where we would be in our immediate process of considering applications. If we're doing this on an every five or six year basis where we do a heat map, I can't, the LiDAR project, which I think are expensive, and take some time to perform, how are we going to make real time decisions knowing where we're coming out on the preservation or the destruction side with regards to this objective. Ms. Costanza: So you're saying because of the large time frame between those studies, it's hard to make a decision, a policy decision or a decision on your behalf, right? It is a hard question,right? Because a lot of that tree removal is done on private property,which is something that we can't necessarily track. So, I would say we have a public access map. So, you can actually track the tree removals versus tree plantings, and that actually counts it per year, or even you can do a six month time frame, and it'll show you how many removals versus plantings we've had on city property. When it comes to private property,we do not have that kind of control. Mr. Plumlee: So that's what worries me about having these goals set. These objectives in this fashion because we're putting it up against measures. Let's think about this, it's 2023, we're already into the 2014 plan, quite a distance, or no, I'm sorry, this is a 2024. It's the 2023 document being updated in 2024, that was actually the 2022 document,but we're doing it for 2014, and if it were going to be another five years down the road before we know city wide where we are in our accounting of trees, and as you say,we can't track that on private property, the usefulness becomes problematic in my view, and that's just an opinion on my part. One other question, one subject question was I believe in the 2023 version,I still have the 2022 in front of me because I couldn't get printed out in time to 2023. There is a proposal to have sort of a tree bank for lack of a better phrase, in-farm regions of our city for tree plantings to offset impacts of development. Can you describe that? Ms. Costanza: So I believe that was in the future considerations. So the future considerations are more ideas that were taken from maybe other localities that are something to think about in the future instead of something that we want to implement right now. This is something, that would be something that we'd have to talk to a lot of different stakeholders about. These are just ideas that are included in the document,so that we can talk about them later. Mr. Plumlee: So it was for the purpose because it was listed along those objective measurables or what is it measurable objective. It was listed among those in the 2023. I did catch it online. Has there been any discussion about incentivizing private landowners throughout the city to plant trees? And, there were discussions of tax credit and tax incentives. Had there ever been any discussion among the public in general that if you're a landowner, and you'd like to improve your property with a tree that there could be some credit given for that effort? Ms. Costanza: I have heard that somebody did bring it before. I'm not sure if it was city council that they did bring an easement idea before City Council, where if you have a certain canopy of tree on your private property,then you would get some kind of tax break of some sort,the property tax I'm assuming. We also do have that idea in the document for future considerations as well. Mr. Plumlee: I noticed the explanation about the impacts of 100 trees, 105 trees per acre on average, having a drainage effect of 100,000 gallons of stormwater in our city, and stormwater is a very significant problem throughout the city, and so I really do appreciate this plan, and find some real positive to it. Obviously,I see some weaknesses on measuring this goal as we go through, but whatever we can do to advance the technology of tracking our canopy, I think would be of high importance. Thank you very much. Ms. Cuellar: Are there any other questions from commissioners? Madam Clerk, do we have any speakers? Madam Clerk: Yes, we have one speaker, Eddie Bourdon. Mr. Bourdon: Thank you, Madam Chair. I'll be brief. I'm not opposed to this at all. and I've served on the Green Ribbon Committee since its inception, and I did confirm that we heard a little bit about this update at a meeting that was dominated by discussion of the trees that we need to plant that Dominion Power is paying for because of the clearing for the large transmission line serving the offshore wind energy project. This didn't get a lot of my focus, and I haven't been available to until yesterday to try to look this up. I had my secretary look it up, and all we could find was the 2022 update. I'm again, not opposed to this at all, and as Billy Allman's who's here and our committee has been very supportive of the of some of the ideas, many of the ideas in here and most importantly, to follow on Mr. Plumlee's comments, at the state level we have been attempting, and we may soon get stormwater credit for trees,which is a financial.incentive, and on the Green Ribbon Committee has been my advocacy, and I'm pretty much everyone agrees that we need to incentivize this not so much tell people what they can and can't do with their trees, because then the trees will be gone pretty fast when you start going down that road. So, the incentives, and I know Rob Goodman's been working on to try to get a plan in place to save live oaks and things like that, which all these are very good things, and I'll end this by simply saying, the document that you're voting on, my secretary, who's good on the computer,not me could not find, we found the 2022, and personally, I didn't have a chance to read it for other reasons, but, and I would like the opportunity to read it,but that can happen between now and City Council as far as I'm concerned, I'm not here to oppose or, what y'all wish to do,but the ideas,there are a lot of ideas,most of them are very good, mandates are not a good idea in my view. Thank you. Ms. Cuellar: Thank you. Thank you, Mr. Bourdon. Are there any questions for the speaker? Any additional speakers, Madam Clerk? Madam Clerk: No. Ms. Cuellar: Okay. I'd like to open up the floor for discussion or to entertain a motion. Ms. Byler: I move that this ordinance be adopted, and incorporated into the Virginia Beach Comprehensive Plan. Ms. Hippen: Second. Ms. Cuellar: I have a motion by Commissioner Byler. for approval of this item to be adopted into the comprehensive plan. Second by Commissioner Hippen. Discussion? Having no discussion, we can open the vote. Madam Clerk: The vote is now open. Item #1 has been recommended for approval by a vote of 7 to 1. Ms. Cuellar: Thank you very much. Madam Clerk, if you call our next agenda item number,please. Vote Tall AYE 7 NAY 1 ABS 0 ABSENT 3 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X .:.,. rr rnrnunur .� " SVP EEL 1W u w � r _J«,t r ter• -. � �� * �, - F �. a r �n • .•w^ .* � k f d4ali JL id .00...aiw .ea.�+w. $cam �. i.,� `,!N' a YI `� (y' y' 'r..h. ir •A #.i .. •%%note• , ,r"•t�erY,,�« ,��,. .,. n .'M"'M ., `� ,�jr^.: .r� .M,,,,,,,..11'1�,1/; # .:A s" � R �'! 0 '�'"r., y x•'�ai�r oe aaaaaaaa � w _ aa.■..\\ fA h 4 � � .Y ' w " w { • rr E *� r° w _ , - Alo Nk _., W11- UPDATE 2023 ■ L 4 f N Acknowledgments Parks & Recreation Public Utilities Michael Kirschman I Director of Parks and Recreation William Christian I Engineer III Shirley Deibler I Deputy Director of Parks and Recreation James Plaatsman I Engineer II Frank Fentress I Park and Landscape Services Administrator Brooke Costanza I City Arborist Virginia Beach Public Schools Susan French I Former City Arborist Melisa Ingram I Executive Director of Facilities Services Symsi Denson I Park and Landscape Coordinator Tim Cole I Former Sustainability Officer Rob MacPherson I Landscape Architect Kyle Gilmer I Former GIS Analyst Corinna Green I Planner 111 Jay Brewster I Plannerll Housing and Neighborhood Preservation Robert Buchardt I Inspector Supervisor Wells Freed I Housing Code Administrator Brian Crouch I Landscape Inspector 11 Jeff Klindienst I Landscape Inspector ll Agriculture Mary Prier I Former Marketing Manager(in memoriam) Jenny McPherson I Rural Community Coordinator Public Works City Attorney's Office Michael Mundy I Stormwater Program Manager(Engineer IV) Greg Surber I Associate City Attorney Sue Kriebel I Former Stormwater Engineer(Engineer Ill) Brian Proctor I Traffic Engineer(Engineer IV) The Center for Geospatial Information Services Tim Copeland I Real Estate Agent Zand Bakhtiari I GIS Systems Analyst II Tara Copeland I Media and Communications Coordinator David Arnold I Former GIS Production Manager(Systems Analyst III) Planning Consultants Seth Edwards I Development Services Center Administrator Strom berg/Carrigan&Associates,Inc. Carrie Bookholt I Development Services Center Deputy Director WPL Site Design Jeff Klindienst I Landscape Architect Kevin Kemp I Zoning Administrator PJ Scully I Planning Evaluation Coordinator 2023 Urban Forest Management Plan 2 Table of Contents Acknowledgments ............................................... 2 Table of Contents ..................................................3 Overview .................................................................4 Introduction............................................................ 5 TheUTC.................................................................. 6 Assessment.............................................................7 Benefits of Single Trees...................................... 8 Benefits of Trees as a Forest............................. 9 TreeMetrics ...........................................................11 Mapping Gain & Loss .........................................14 b Public Engagement.............................................19 f: ..'. Management & Collaboration .........................20 v Next St 22 Future Considerations.......................................26 Conclusion ............................................................31 Marshview Park,Virginia Beach,VA 2023 Urban Forest Management Plan 3 ■ Overview Purpose of the UFMP Update Mission - Strive to maintain that annual tree canopy loss is not greater than the annual tree canopy gain, therefore The purpose of the Virginia Beach Urban Forest The mission of the Plan Update is to preserve and expand resulting in a net gain. Management Plan Update is to identify immediate the City of Virginia Beach's urban forest and cultivate its and long-term priority actions to preserve, expand, stewardship for an adaptable, healthy, sustainable, and Greatly expand and proactively undertake tree and diversify a sustainable urban forest for Virginia vibrant community. preservation,replacement planting,and reforestation Beach. This document updates the previous Urban efforts. Forest Management Plan adopted in 2014. It provides Vision a current assessment of the city's urban forest and establishes a clear set of priorities, objectives, projects, By 2045, Virginia Beach will achieve 45% tree canopy and recommendations for managing and collaborating coverage b planting,nurturing,and protecting a diverse, Measurable Objectives 9 9 9 9 Y p 9, 9. p 9 with partners and stakeholders on positive urban forest regenerative urban forest in partnership with the local Establish tree replacement equivalency in terms growth. community, which includes residents, business owners, of size, maturity, ecological benefit, and economic developers, nonprofit organizations, and government value for use in assessment of replanting efforts, entities. Virginia Beach will be a model city for tree reforestation,and potential tree replacement bonds. management and green infrastructure that supports the long-term health,well-being, and adaptability of the city, Ensure adequate resources, human and otherwise, its environment,its residents,and its economy. to track and record real-time tree loss and tree it planting, building on the efforts currently in place Plan Priorities r '< s'I nties specifically for City property, to be able to better project actual UTC loss and gain in between periodic Acknowledging a nearly 2,082-acre net loss of Virginia aerial assessments. Beach's urban forest infrastructure between 2012 and z = 2018, which significantly impacts the health, safety, and Implement active measures to preserve and protect .3�K Virginia Beach's existing urban forest so that no more y��r• * +. welfare of the Virginia Beach community,we will: g g _ than 353 acres (the current average yearly gain) of -,` � ,a '� Accept that unless a shift in community philosophy, UTC are lost in any given year to ensure that the City 'M° ';; • public policy,and tree infrastructure valuation occurs, is not losing more tree canopy than it is gaining. the measurable Urban Tree Canopy (UTC) goal of 45%reaffirmed in this plan will likely not be achieved. Develop a detailed schedule and strategy to achieve a 45%tree canopy by 2045,with the understanding Preserve and protect Virginia Beach's existing urban that a multi-faceted approach including tree it forest infrastructure preservation,education and tree planting is essential to mitigate yearly loss. • Minimize the foreseeable impacts to the existing urban forest infrastructure. Outline a yearly preservation and/or planting strategy to maintain 45% tree canopy once the target has been reached. The Urban Forest in the Pembroke Area,Virginia.Beach,VA 2023 Urban Forest Management Plan 4 ■ Introduction What Are the Urban Forest and the Change Assessment completed for the City of Virginia events and maintaining the integrity of the land on which Urban Tree Canopy? Beach by the University of Vermont Spatial Analysis the city sits. Acting as natural stormwater infrastructure, Laboratory,a conservative estimate for a the average tree a healthy urban forest prevents excess runoff, reduces The U.S. Forest Service's 2011 Vibrant Cities & Urban canopy size of an individual tree in the city was 414 square sudden flood effects,and filters out pollutants from paved Forests report defines urban forests as"systems of trees, feet. From this average canopy size, the approximate surfaces before they reach larger bodies of water. other vegetation, and water within any urban area. They number of trees can then be estimated. According to can be understood as dynamic green infrastructure that the 2012-2018 Tree Canopy Change Assessment, there In highly developed areas,the urban forest also lowers air provides cities and municipalities with environmental, are approximately 6.6 million trees estimated to exist in temperatures and reduces the urban heat island effect by economic, and social benefits. Urban forests are forests Virginia Beach. releasing moisture into the atmosphere,providing shade, for people." In other words, the urban forest is more and absorbing reflective heat from impervious surfaces than just a collection of trees. It comprises the trees Why Is the Urban Forest and structures,which can reduce energy consumption and and everything integral to their ecosystem within our costs.Additionally,the urban forest has positive economic So Important.? and social effects, such as increasing property values, community. According to the U.S. Forest Service, urban forests "include urban parks, street trees, landscaped A healthy urban forest is vital for maintaining the quality of boosting activity in commercial districts, strengtheningcommunity engagement and pride,encouraging physical boulevards, gardens, river and coastal promenades, life in Virginia Beach,defined broadly as the city's public activity, and discouraging crime. Many of these benefits greenways, river corridors, wetlands, nature preserves, health,safety,and welfare.The direct and indirect benefits activ activ discussed in the 201 Urban Forest Management shelter belts of trees, and working trees at former of an urban forest are numerous,but one important benefit werePlan, which found that apartments and offices rent industrial sites-" As the 2014 Urban Forest Management is the ability of a healthy urban forest and its root system more quickly and have a higher occupancy rate when Plan noted, Virginia Beach's urban forest is a vital to intercept rainfall and absorb millions of gallons of surrounded by a tree canopy and that homes planted with component of the city's infrastructure, as important as stormwater per year.In a low-lying city like Virginia Beach, trees sell more quickly and are worth more money than efficient transportation and clean water. with an average elevation of 12 feet above sea level, those without. interception of stormwater is crucial to mitigating flood Urban tree canopy, or "UTC" for short, has a more quantifiable definition than urban forest. It is blanket term for measurable tree coverage in a given area, referring' ` to the size, in square feet or acres,of the layer of leaves, branches,and stems of trees that cover the ground when viewed from above.Based on the 2012-2018 Tree Canopy 5`r A healthy Urban Forest functions as a network of green infrastructure •.. 16 that provide a broad set of systemic '` community-wide economic, health, and safety benefits. , �q Red Wing Park,Virginia Beach,VA 2023 Urban Forest Management Plan 5 ■ The UTC Virginia Beach's Urban Tree Canopy (UTC) : The review of Virginia Beach's urban tree canopy in e � � this Plan Update builds upon and refines findings in the r ; University of Vermont Spatial Analysis Laboratory's 2012- s� , 2018 Tree Canopy Change Assessment.The assessment r4 established metrics and used tree coverage data from 2012 and 2018 to estimate the change in Virginia Beach's UTC over that six-year time frame. f Using LiDAR(light detection and ranging)aerial mapping k� * a ? '.`.„� lk `tf technology, the data from the 2012-2018 assessment 196 598 acres L indicated that Virginia Beach's UTC, based on total land coverage, dropped from 41.7%to 40.3%(a total of 1.34% net reduction). Relative to the total tree canopy area,this would equate to a 3.2% loss, which amounts to 2,082 ":+�"'ti . ; ^ net acres of tree canopy. This equates to approximately ' 219,105 trees. The goal of this plan is to achieve a 45% Urban Tree Canopy(UTC)by the year 2045. 41,724 acres a Z 154,874 f,w acres { .r " A 40% tree canopy was a goal for municipalities +, previously set as a benchmark in a 1997 article from American Forests Magazine, a publication of the oldest national non-profit conservation organization in the US. American Forests also cites a national analysis by U.S. . Forest Service researchers specifying that "a 40-60 percent urban tree canopy is attainable under ideal 62,443URBANTREE conditions in forested states."Given that Virginia Beach is acres T located in a forested region,40%should be the baseline , kti' for the UTC in the city, with 45% being the target goal recommended in the 2014 Urban Forest Management Plan and reiterated in this Plan Update. Virginia Beach's UTC Coverage in 2018 2023 Urban Forest Management Plan 6 ■ Assessment Benefits of Trees and the Urban Forest Environmental & Health ■ Improve air quality by absorbing and filtering The City of Virginia Beach calculated the value of the Virginia Beach's urban forest contributes to the city's pollutants ecosystem services provided by its existing UTC to overall sustainability as a community and to the quality of ■ Reduce greenhouse gases by direct carbon be almost $446M in 2018 USD annually based on the life of its residents.The path to a sustainable community, sequestration and through avoided carbon emissions benefits derived from an average tree with a 414-square as defined by the Urban Sustainability Directors Network from reduced energy use foot canopy.In 2022,this would equate to roughly$493M. (USDN), includes the common elements of "a healthy ■ Save energy by directly shading building and through The economic values of Virginia Beach's ecosystem environment, a strong economy, and the well-being of the cooling effects of transpiration services are based on the cost of obtaining these same people living in the community." The tree canopy plays ■ Mitigate overall air temperature extremes and reduce services without the benefit of having trees. Without numerous roles within the city and affects all areas of urban"heat island"effect trees, additional infrastructure such as filtration systems, sustainability, including but not limited to stormwater ■ Help manage stormwater,reduce flooding,and check dams, and ponds,would need to be built to meet management, energy use, air and water quality, wildlife improve water quality state and federal environmental quality standards for habitat, public health, economic viability, social equity, ■ Support wildlife populations and overall biodiversirystormwater mitigation and erosion control. Without trees, and overall livability. ■ Reduce ultraviolet radiation levels air pollution and ambient temperatures would be far Economic less mitigated through transpiration. Whole ecosystems Since trees are the defining element of the urban forest, ■ Save energy and cut costs for summer cooling(shade) would be greatly affected, with no trees contributing to it is important to establish the value that a tree provides and winter heating(windbreak) pollination and fewer habitats for insects, mammals, to the community. There are both direct and indirect ■ Increase property values,benefiting homeowners and and birds. The local lumber industry and various other benefits from trees, and these benefits compound increasing local tax revenues tree byproducts would essentially cease to exist. The when trees are working together in the same area. The ■ Boost commercial district activity wellbeing of the public would also suffer from lack of trees "natural capital" of the urban forest can be categorized, ■ Support green industry jobs in streets and open space. These would be just a few of as with other contributing factors, to a community's ■ Reduce cost to taxpayers for traditional"gray" the ramifications of not having trees,and they underscore overall sustainability, into environmental, economic, and infrastructure(like treatment plants and stormwater the value of trees in our city. social benefits.These benefits are collectively known as pipes) ecosystem services, which are often defined as direct ■ Supply wood products—ranging from recycled A summary of the annual value of the ecosystem services and indirect contributions of natural systems to human material such as mulch,to hardwood furniture,and provided by the city's UTC is outlined below: well-being — in other words, any positive benefit that fuel for energy production wildlife or ecosystems provide to people. Social ■ Promote public health and well-being In The Sustainable Urban Forest: A Step-by Step ■ Encourage physical activity by creating Approach, published by the Davey Institute and the U.S. attractive,shaded outdoor spaces Ecosystem Service Calculated Value Forest Service, Urban Forester Michael Leff summarizes ■ Discourage crime and create safe increased Property Value $199,337,597 the ecosystem services provided by trees: places to gather ■ Strengthen community engagement Stormwater Runoff Reduction $142,815,001 and revitalize neighborhoods Electricity Conservation $39,516,769 ■ Promote social equity and r Quality 30,087,746 environmentalAi justice for neglected improvement $ communities Natural Gas Conservation $18,648,412 ■ Supply healthy edibles—fruit and nuts COZ Reduction $15,535,459 ■ Provide solace,spiritual sustenance, Total Annual Ecosystem Services $445,940,973 and a sense of place *Values are in 2018 USD 2023 Urban Forest Management Plan 7 ►e n of i is of binJ I e Trees Water Quality Habitat&Diversity 19 0 &Water Table Management Total savings benefit Total savings in $67.87 per "Stormwater Runoff Reduction" 10-yr old tree $21.74 per tree 1 Stormwater Absorption Soil Stability& Erosion Control Benefits in Savings "Air Quality Improvement" "Energy Conservation" $4.58 per tree $8.85 per tree Pollination Urban Heat Island Reduction d m t Air quality improvement Human Health, = Estimated increase in Reduction in through Carbon Dioxide(CO2) Safety&Wellness (U "Property Value" "Carbon Dioxide" reduction/carbon sequestration = to $30.34 per tree $2.36 per tree CO m 13% .E 44.7% s 0 0 •— c 8 ° w w " r 3.5% 32% 6.8% Environmental&Health Benefits ofA Tree in Virginia Beach Economic Benefits ofA Tree in Virginia Beach in 2018 USD 2023 Urban Forest Management Plan 8 ■ Benefits %of Trees as a Forest 1 of 2 Environmental & Health Benefits Pollination Soil Stability& Erosion Control am ' Water Quality ! &Water Table Management Urban Heat Island Reduction Air quality improvement through Carbon Dioxide(CO2) reduction/carbon sequestration Human Health, Safety&Wellness Habitat& Diversity 7Mx � 10 R_ t Environmental&Health Benefits of the Urban Forest in Virginia Beach. 2023 Urban Forest Management Plan 9 ■ Benefits of Trees as a Forest 2 of 2 Economic Benefits Benefits in "air quality improvement" $30,087,746 Total savings benefit i $445,940,973 -' ' Savings in I I "Energy Conservation" Total savings in i $58,165,181 "stormwater runoff reduction" i Reduction in $142,815,001 I "Carbon Dioxide" Estimated increase i $15,535,459 � "Property value" � $199,337,587 I ' ' AM I I 1 I I I I I I 1 1 I 1 1 I I L, I I _ I A kk I r s Economic Benefits of the Urban Forest in Virginia Beach in 2018 USD 2023 Urban Forest Management Plan 10 ■ Tree Metrics r '' Establishment of Assessment Metrics The City of Virginia Beach used the UTC metrics established in the 2012-2018 University of Vermont assessment for the basis of quantification. The following information provides an updated understanding of the current state of Virginia Beach's UTC. The UTC quantification metrics found in the University of Vermont assessment establish a consistent methodology for performing future citywide UTC assessments as the city strives to reach its 45%UTC goal by the year 2045. As touched upon in the Introduction of this Plan Update, j 2,S00 SF 414 square feet is an average derived from University Z (Largest Single Tree Size) of Vermont data for the purposes of UTC estimates. This is a tree at approximately 10 years' growth and is ;-------- a more conservative estimate than the 828 square feet Z � ''`�'� average tree canopy size used in the 2014 Urban Forest Q i Management Plan. Ix An Individual Tree Uj N The area of an individual tree was The following graphics highlight the tree size used for N estimated at 414 square feet and assessment,the number of trees in an acre,the number W of trees lost from 2012 to 2018, and the total value of W ; used as a conservative basis of ecosystem services lost as a result of lost trees over the measurement for the UTC. A 414 same time period. It is important to note that tree loss is •--- -•----: square foot canopy size is what one immediate, in contrast to tree gain.It can take at least 10 would find on a 10-year-old canopy 414 SF tree. years to grow a new tree large enough to provide similar (Average tree size used for measurable value of the ecosystem services to a more UTC assessment) mature tree. Calculation must account for the 10 years it would take for a tree to effectively replace the dollar value lost during the same assessment period. 16 SF (Smallest Single Tree Size) SF=Square Foot Measured by LiDAR 2023 Urban Forest Management Plan 11 Tree Metrics 2 of 3 FROM 2012-2018 THE CITY • . A NET UTC LOSS OF .................lilt[.... ILI ............1..............111 .. u..uru.wuvuuu■.■.ou.o.ufilluouuuuu r■uu.uououuuuuu..rowu.o.u■.u.u■ J A k AAMIL J ILA it J rr J ■.■...■■■.■.■■■■■.■.■.■.■.■.■■■.■■■.■■.■■.■■■■... ................................................. Number of Trees In An Acre ■.■.■.■.■.■■■.■■■r■.■...■/■.■.■.■.■.■■■.■/■■■■.■/ �r While the UTC Assessment data uses W DL AL AL J � �r J ■■■.■r■.■■■.■.■.■...■.■.■.■■■.■.■.■.■■■.■/■■■■r■■ ................................................. providingsquare feet and acres as a basis of of how many trees are in an acre can AL AL L 4 L J ............................................■.■.s ■u.i.uu..ou■■u■.rt■nuuuurnnnuuu■ help to contextualize and scale the ----- ` '" .■.uu■.uu■.ouura,auror,.uvu,.uuuwr AIL AIL o.u..u..uuuuuuuuruaruua,u.uuru. .■........■■i■■..■■.\.i.i.i■■.■ti■\■..i■..i.■..i■ value of • or gain. .■.uuuurruuuurr,u..vuooarwuuur,a, ■■■no.u■■ni.rnn.i.uiu#nnnnnuuino ■r.■r■uw■..a..■o.ou■.uu■.uu■o.,w,rrrru■ ` ■.■urrri.rrnm■rn■oi■nnnn■wniuu.ur I lilt 1.34% APPROX. 2,082,ACRES LOST 1 ACRE 43,560 SF APPROX. 105, TREES r � � W ��� � ��� ■■■■■.■■■■■■■■■■■■■■■■■■■■■.■■r.\■\.■...i/.■■./\■ 219,105 TREES LOST EQUIVALENT • EQUIVALENT TO OF FOOTBALL FIELD FOOTBALL 414 SF TREE u� oz oc or os or oc iz o� 01 oz oc oe os or oc oz o� EQUIVALENT TO 10 20 30 40 50 4D 30 0 10 10 20 30 40 50 40 30 20 10 PARKED CARS 60% OF AN INTERNATIONAL 1,249 INTERNATIONAL FOOTBALL FIELD FOOTBALL FIELDS Valuesare • •-• to the Urbannearest whole number 2023 • Management ■ Tree Metrics 3 of 3 YEARLY VALUE OF TREES CUMULATIVE LOSS OF VALUE LOST PER YEAR FROM 2012-2018 FROM 2012 THROUGH 2O18: 2012-2013: $2,478,477 2013-2014: $4,956,953 2014-2015: $7,435,430 t BASED ON A 2015-2016: $9,913,907 414 SF TREE SIZE UF FI❑ ;-'"""""""'-'"' 2016-2017: $12,392,383 } ` 36,518, TREES LOST PER YEAR X $67.87 2017-2018: $14,870,860 4.4 , 13 $2,478,477 PER YEAR LDOEM $523048,010 Total loss from 2012 to 2018 ------ Value of Tree Loss Between UTC Assessments $1,39094255406 TREE Total loss from 2012 to 2045 _ The amount of net tree loss as (assuming the same rate of loss) measured in acres can be tabulated $67.87 VALUE PER YEAR to show approximated value in trees If steps are taken to achieve from 2012 to 2018.Projecting the rate the 45/o goal by 2045, of loss forward without intervention shows the compounding loss as & if the rate of tree loss is eliminated, an opportunity cost which would the City will gain roughly otherwise be attributed to various City services. $29130,7473303 in equivalent value Values are in 2018 USD 2023 Urban Forest Management Plan 13 ■ Majoloing Gain & Loss Changes in the UTC As a continuation of the assessment/management/collaboration model established in the 2014 Urban Forest Management Plan, the current r extent and condition of the UTC was assessed for both geographical First Landing i North losses and gains.This section details the changes in the UTC from 2012 State Park to 2018 and highlights the areas of the city where such losses and gains were observed. Broad Bay a rLL. LiftleCreek F`' 1Yeltern Lynnhaven . Currently,UTC loss is outpacing UTC gain by twofold.At the current f River, 'EasternLynriNayen � _ r pace and with no proactive plan or policy measures,the UTC would River decrease to roughly 34.3%by 2045. This would amount to a net loss of over 800,000 trees or roughly 7,600 acres between 2022 and _ate v- 2045,which is roughly equivalent to 13%of the existing tree canopy. Norfolk warsnare Creek Tha14a'reek 5000 ;Naval Airy Ocean-froAt Station {. Elizabeth River Oceana s LondonBridg�Cr2ek �f 4000 r - �w 3000 f r Dam Ngtk ' Upper NorthLandin4R,iver 2000 w Upper Weit Neck ¢„ Creek CChesa Bake ` •. • ar T, 1000 t « LEGEND: . Gain 1 0 ® Loss Gain Loss ...... .•�� w. ;111 acres I,XI/apes Virginia Beach Tree Canopy Change in Acres from �\ ' 2012 to 2018. 0 1 2.5 5 ml Partial Virginia Beach Map of Tree Canopy Change from 2012 to 2018. 2023 Urban Forest Management Plan 14 ■ Mapping Gain Tree Canopy Gain Per Zoning District Change from 2012-2018-Gains During the six-year period between the two aerial assessments of the UTC in 2012 and 2018, there were certain areas of the city that ^,. - First Landing North experienced gains in the UTC. Total gains equated to 353 acres per State Park year, on average. These gains, though small, were significant in the residentially and agriculturally zoned properties in the southern half of r Vad Bay Virginia Beach away from urban development. Agricultural timbering 7 Little creek Western Lynnhaven Enlarged activities occur not only on agriculturally zoned land but on land zoned River Eastern Lynnhaven Plan North } for single-family residential as well.The categorizations used in the map River � 0 on the right represent zoning districts rather than land use categories.It is recommended that additional analysis be completed that also looks at land use in order to fully assess sources of loss. Wolfsnare Creek Norfolk Thalia Creek j I Naval Air Ocean-front Station Elizabeth River Oceana London Bridge Cltek,`i 430% 'i. - t Dam Neck BEnlarged Upper North Landing River r m plan South Upper West Neck 79.4% - - Creek Virginia Beach Tree Canopy Gain By Percentage front 2012 to 2018. Chesapeake Zonina Cateaories Single Family Residential' Parks or Open Space 1,685 acres 33 acres Multi-Family Residential Industrial 63 acres 210 acres Commercial Right of Way 52 acres 78 acres 4 1 2.5 5 mi Agriculturally tuned land Is induAM within Single Family Re5k1ent61 Zoning Cateyory Partial Virginia Beach Map of Tree Canopy Gain front 2012 to 2018. Upscale on page 17 2023 Urban Forest Management Plan 115 ■ Mapping Loss Tree Canopy Loss Per Zoning District Change from 2012-2018-Losses Tree loss reflected in the UTC assessment was over twice the amount of tree gain from 2012 to 2018.As with the gains,losses occurred primarily First Landing North on residentially and agriculturally zoned properties. However, there State Park were also significant losses of UTC acreage in rights-of-way and, to a lesser extent, in multifamily and commercial zones. In rights-of-way 337 B ad Bay 7 + acres of UTC were lost with 315 aggregate acres lost in the multifamily Little Creek western Lynnhaven ! +Enlarged and commercial zones.Much of Virginia Beach's existing development is River Eastern Lynnhaven Plan North r located in the Lynnhaven River watershed where over 2%(roughly 759 River acres)of UTC loss occurred. Norfolk Wolfsnare Creek4. ` t Thalia Creek Naval Air.ti Ocean-front Station Elizabeth River Oceana 1 London Bridge Creek 41% / f ` Dam Neck Enlarged Upper North Landing River Plan South L a i Upper West Neck Creek Virginia Beach Tree Canopy Gain By Percentage from 2012 to 2018. Chesapeake Zonina Categories Single Family Residential* Parks or Open Space 3,282 acres 63 acres Multi-Family Residential Industrial - 175 acres 205 acres - Commercial Right of Way 142 acres 337 acres 0 1 2.5 5 mi Agr—Itnmlfy cored land is indAM within —— Single Farnily Residential Zoning Category Partial Virginia Beach Map of Tree Canopy Loss from 2012 to 2018. Upscale on page 17 2023 Urban Forest Management Plan 16 Mapping Gain & Loss Enlarged Plan North Enlarged Plan South ��;, �.►fit �;� - -+ h u i c A Tree Canopy Gain-Lynnhaven Watershed Area B Tree Canopy Gain-Southern Rivers Watershed Area s#1 t* rryM` �x rf *AI Www z� C Tree Canopy Loss-Lynnhaven Watershed Area p Tree Canopy Loss Southern Rivers Watershed Area 2023 Urban Forest Management Plan 17 ■ MappingLuss Net ;,y Cuunuil Distriut Tree Canopy Net Loss Per Council District Change from 2012-2018-Net Loss There was net loss of Urban Tree Canopy during the six-year period between the two aerial assessments from 2012 and 2018. The map First Landing North to the right shows how this relates to the Council Districts,which were State Park n newly created in 2022. Each district is shown with its own percentage 7 of Urban Tree Canopy coverage in 2018 relative to its current district 35.24% boundaries,and the percentage of net loss from the two assessments is (-2.25%) 6 shown below the UTC percentage. 8 54.26% The bar chart below shows for each district, the approximate acres of 48.64% -1.65c/o) C(-2 86%) ro UTC gained or lost between the two different assessments. 4 Norfolk 25.26% (-2.78°l0) 3 1 30.11% Naval Air 32.65% (-2.1 1%) Station Oceana Approximate Tree Canopy Loss/Gain 5 in Acres by Council District 10 40.26% 2500 20.89% (-0.80%) 7 (-0.92%) 1,985 34.02% 2000 (-1.27%) ■Gain ■Loss N 1500 2 1,314 V Q 1000 Chesappake 500 399 356 2 318 286 zza 230 1az 25 41.74% 57 78 41 10 58134 84 75 4885 (-0.88%) 0 .1 1 2 311 WI 4 5 6 7 8 9 10 0 1 IS 5 mi Districts Partial Virginia Beach Map of Tree Canopy Net Loss from 2012 to 2018 by Cott ncil District. 2023 Urban Forest Management Plan 18 ■ eu bl is Engavement i I Public Engagement for the Urban Forest Management Plan Update i Meetings: On November 14th and November 29th of 2023, Public Meetings occurred at the Great Neck Recreation Center and the Princess Anne Recreation Center,respectively. Surveys were handed t out at the meetings and made available online through January,2024. .= :. �' ■•r� Survey Results: The survey consisted of 13 questions completed by 58 participants.Approximately 60%of them had some familiarity with the concept of an Urban Tree Canopy(UTC). Half of them felt they had a strong understanding of the importance and benefits of a healthy UTC. About 85%expressed �.z interest in learning more about tree care,planting,and conservation. ,•, Over 80%of the participants prioritized planting new trees"everywhere",with schools,residential areas, parks, and waterways being the next top choices. The preferences for tree preservation Iareas mirrored these results,with"everywhere"leading,followed by residential and commercial PublicMeetingat the PrincessAnneRf,crentien Conter,November 29,2023. areas,waterways,and parks. When asked about actions to prioritize for the UTC,the respondents'top choice was to modify ordinances and design guidelines to recognize trees as infrastructure.This was followed by the desire to plant more trees in socio-economically disadvantaged areas, increase the care for Question#4:Where would you like to see more trees preserved? large or heritage trees, and establish a tree mitigation fund that would require all projects to compensate for city trees removed. Residential_..,. —as In response to an open-ended question,the respondents identified new development as the most industrial/- significant threat to existing trees. Other threats mentioned included lack of knowledge, costs, Commercial_ potential storm damage,invasive plants,and maintenance issues.The respondents perceived the ftterwa•'4 ` greatest challenges to planting new trees to be costs,followed by maintenance,lack of education, buHcrs and difficulties in finding suitable locations or sites. Roadways Regarding the feasibility of the Next Steps outlined in the report,the respondents believed that Schools targeting public lands for maximum tree cover was the most feasible, followed by multi-level education programs and the formalization of a tree tracking and removal notification system. Parr In terms of Future Considerations,the respondents felt that the most feasible approach was to educate City departments and the development community about the UTC.This was followed by evervw"�° the idea of incentivizing tree protection through land development ordinances and promoting a property owner tax incentive education program. Other{p"ease 3011 Specify7..:��w,..... oss tom _ens, <on, ao% so=r. 70> ao% 90% 1004 A majority of the respondents were in favor of participating in tree-based tax incentive programs for planting on private property,including their own property. Example of one of the survey questions and compiled results. 2023 Urban Forest Management Plan 19 Management & Collaboration The Goal Moving Forward The current plan establishes a goal of 45%tree canopy Virginia Beach's urban forest is a dynamic asset that coverage by 2045. The existing tree canopy is nearly 1 requires a multi-pronged approach to mitigate tree million trees short of this goal, necessitating planting of loss (preservation) and promote tree gain (planting), to Between 2012 and 2018, the City of almost 40,000 trees per year until 2045 in order to reach minimize tree conflicts with other assets, and to ensure Virginia Beach had a net loss of 1.347o the desired tree canopy coverage.Meanwhile,the City is the health and longevity of trees in the community. also losing roughly 36,000 trees every year on average. Everyone has a role in managing the urban forest, and in its Urban Tree Canopy, which is Steps taken to achieve the 45% tree canopy coverage management of the urban forest will achieve the greatest equivalent to 219,105 trees or roughly should account for not only the gap between the existing success and community support as a collaborative effort 2,082 acres. and desired canopy,but also this current rate of decline. between all stakeholders,from the municipal government to homeowners to developers. Current Tree Canopy in 2022* Yearly planting required to achieve 4 5 UTC by 2045 36k annual loss 76k trees i 36 k re lacement acres if yearly tree loss remains the same or 40ktrees trees *Projected 2022 tree canopy based on average yearly loss from 2012-2018 if yearly tree loss is reduced to zero 2023 Urban Forest Management Plan 20 x ,sue ,.,� a � Kt •,pF� ��-� IL �' s�,.. �� s b` +y �41 , s a s , m e r„ ^ d }5: t• � Ttw. �•eT'S ' _yY�� � b "� µ �y Teh���K �,jY w � f Nil- _ y SiK 'dt R a Fm n ' i t r� r •� G • ., .. �_ ..- ,, ;� ,� �,i.P_„ ,sue���� �, � ' Pt� n , ' mys M, • �.Y� ' L. P d _ -"„yam_ �— . ,.�, „a ,, ,,.� i •_ .P h �a'�_ .w„y� .,� � . i Next Step Next Step #1: Keep Doing What's Working Targeted Goal: Build upon and carry forward the successful elements of the sustainability model established in the 2014 Urban Forest Management Plan, and more recent and groundbreaking achievements made since embarking on this current plan beginning in 2021. µ k Desired Outcomes: r s. � ■ Tree Mapping / Inventory — Continue and advance tree mapping for new installations, replacements,and maintenance of trees. " :• ■ Inventory Trees — Continue the Virginia Beach Tree Inventory for trees and extend the inventory to include available parcels for reforestation,preservation, and temporary holding nurseries. ■ Tree Canopy Loss Mitigation—Continue to implement and apply the new City Policy for tree loss mitigation based on acre,caliper size,or specimen. • Collaboration&Engagement-Expand on the success of events like Arbor Day and Treetopia - and multiply recent efforts on the website and branding that have a high response rate. Tools&Techniques ■ Review the most recent strategies and successes toward UTC preservation which have occurred since the most recent UTC assessment. ■ Find ways to summarize these achievements and broadcast this information to other City Departments in order to solicit help and spur improvements. ■ Pre-plan the next UTC Assessment collection and the next Urban Tree Forest Management Plan Update with the knowledge learned since 2021. t,Y {y� Municipal Center Champion Trec,Ure Chirzesc fir, 1'ir'girr.ia Bearh,V.1. 2023 Urban Forest Management Plan 22 Next Steps 2 of 4 Next Step #2: Undertake A Multi-Level Educational Program IZ { , Targeted Goal: - , Greatly increase community and stakeholder understanding of the problem of tree canopy loss and the need for and benefits of a healthy,growing tree canopy in Virginia Beach. b x Y Desired Outcomes: ■ A seamless connection to constituents, City staff, and elected officials about the UTC and - F documentation of each meeting occurrence. ■ The establishment of a network of organized constituent groups such as members from i the Master Gardeners' Tree Stewards project supporting the allocation of City resources to implement the vision of this Plan Update will have taken place. ur, ■ Formation of several formalized projects,actions,and partnerships will have been established over the next five years. Partnerships would ideally involve an organized constituent group with members such as residents,business owners, and developers who are committed to not G' . ... cutting down trees and who can become advocates for budgetary and staff resources. Tools&Techniques 4 ■ Expand current branding and public relations initiative for the educational program and various implementation initiatives to foster greater awareness of the importance of the tree a a ,; canopy to the environmental,economic,and social health of Virginia Beach. ■ Formalize the current educational program crafted for the various stakeholder groups who can have the greatest effect on maintaining the city's tree canopy,including residents,business owners,developers,government staffers,elected officials,and the tree service industry. ■ Perform outreach with formalized groups to establish a partnership network. ■ Utilize a multi-generational approach to tap into younger residents'interest in the environment and to senior citizens'interest in supporting community benefits and beautification. • Ij >M Princess Anne Commons Arbor Day Celebration,Virginia Beach,VA. 2023 Urban Forest Management Plan 23 Next Steps 3 of 4 Y. ^a x"' a�� 'i Next Step #3: Target Public Lands for Maximum Tree Cover Targeted Goal: IT '- x Y ' I' I t Prioritize public resources on increasing UTC on public lands,where there is the greatest ability to L J`r �Y'�, • , 1 permanently protect the urban forest. # f, Desired Outcomes: �.' , '' r r`° r- ■ The City and its partners will take steps to maintain and preserve public lands. t y" Tools&Techniques ■ Record formal protection covenants on public woodlands. *� :''�'`' ■ Allocate annual capital resources for tree plantings. Y � P P g yt,, ' `' * ■ Pursue funding through government and foundation grants to leverage city funds in maximizing the number of annual tree plantings. ■ Map all areas on public lands, including those owned and managed by non-City public entities,where unforested areas could be planted with trees. IPA ,4 - ■ Consider Open Space funds for acquisition of forested parcels or those that might be suitable P P 9 P g for tree planting. - �`' ■ Implement a capital improvement project that includes funding for a targeted number of planted trees per year and that leverages city funds with potential grant opportunities that could speed up or improve the outcomes of tree planting projects. ■ Coordinate with Department of Parks and Recreation staff to maximize tree cover in all park `. improvement projects. ■ Apply for grants for Natural Area preservation. S� View of the forest at Varshvieu,Park and Owls Creek. 2023 Urban Forest Management Plan 24 Next Steps 4 of 4 Next Step #4: ' Formalize Tree Tracking And Removal Notification System If- C, ` ° vn Desired Outcomes: i v o£� ■ Tree planting and removal will be documented and tracked citywide. P g tYv' ■ The Urban Forest will be established as a public service utility/resource. c,; t `� r CC:1 o c;t ,. 10 o ti a o o q ■ A combination of reporting methods and tracking/management platforms will be utilized to ° ° ' e establish an information clearing house for the Department of Parks and Recreation. ° a' " ■ The tracking stems currently used for trees on City-owned owned properties will be deployed Ei °# c� ° g systems Y tY" P P ``M �f a �� o o � 4 m throughout the city to better gauge the state of the UTC in between aerial assessments. cu a;, ° �. Tools& Techniques A °q �Ob 9 0 ) o ■ Further develop an electronic tree removal permitting process for the tree service industry for b .. 0 q n I On a, C-4r cQ o tree removal on City Property. �p o ■ Record and document all approved site plan tree inventories and preservation plans for City a trees for more thorough tracking. 00 ■ Explore tree tracking and management software for use beyond Just City-owned properties. s ■ Provide access to tree mapping and inventory layers in GIS to other departments for E b a coordination and awareness of the tree maps. z ° ■ Enlist additional seasonal staff that can be wholly designated to inventorying trees City wide. ■ Consider programs like Tree Keeper and Capterra to help with assembling and reporting data 1 collected in the tree inventories. ■ Map and Measure Trees by Council District for the ability to compare and prioritize UTC „ Sys goals. 4 t a ; Proposed pr T Scheduled Planted Warranty Replacement Hold * Warranty Correction Q Existing Tree Excerpt from Parks&Landscape Services'VBTrees Mapping Application 2023 Urban Forest Management Plan 25 ruture Consi%verations 1 of 4 Future Consideration #1: Inform Other City Departments and the Development Community About the UTC Goals and Tree Mitigation Policy Desired Outcomes: ■ The City culture should better embrace the city's trees and urban forest as public infrastructure and as a public resource providing a public service. ■ The Tree Planting, Preservation and Replacement ordinance in the City Code should be �raE m updated to better support the UTC and other current best practices. ■ Citys Landscaping Guide and Tree Planting, Preservation, and Replacement documents should be updated and coordinated between all City departments with regard to tree planting and preservation. Tools&Techniques s _ - ■ Establish a city-wide replacement standard for tree removal and replacement on all new site - = plans and subdivision plans based on the recent State Ordinance Model(SB537)that passed • in 2022. The new language in State Code,Section 15.2-961 suggests a tree canopy coverage ranging from 10%-20%based on development intensity. ■ Update standards and requirements for tree protection and preservation to meet with w ever-advancing technology, and apply them to all land use and zoning classifications for development. ■ Extend bonding based on the recently passed City policy to cover both new plantings and tree preservation for all site plans and to enforce tree preservation plans submitted with site plans. ■ Clarify guidance language that is based on the use of trees as a visual, spatial, and aesthetic •", -�,. �',- ""� , quality for new development. ■ Hold regular training and briefings with various City departments on the City policies and goals for the UTC and correlative tree mitigation. r�Y~ Fk r Victoria Park Neighborhood,Virginia.Beach,VA 2023 Urban Forest Management Plan 26 Future Considerations 2 of 4 Future Consideration #2: 4 Incentivize Tree Protection Through The Land Development Ordinances Targeted Goal: fig Explore zoning tools and techniques that could provide incentives, like development density !`y bonuses, for achieving greater than the minimally required tree canopy on land development ✓::_. ;�,+ plans. In addition,tree preservation would be incentivized more than tree planting, and fees in lieu of tree planting or preservation would not yield additional bonuses but would be required if minimum tree canopy requirements cannot be achieved on the proposed site. Desired Outcomes: ■ The zoning, subdivision, and site plan ordinances will include provisions for certain zoning districts or overlays that allow for development density bonuses (increase height or number of units,for example)if base tree canopy requirements are exceeded b a certain percentage. P ) • PY q Y P g _ ®® A*g a- ■ New development where it is not possible to meet tree planting requirements onsite should �` ®, .� ® ♦ S fund tree planting efforts offsite.That funding should pay for enough tree planting to provide •4®�tr �'�� u Rr F an equivalent percentage of tree canopy coverage as required by its zoning designation. r;������' tt `•tip' �� Tools&Techniques ,y f►� � a ■ Decide which areas of the city would benefit most from an increased tree canopy, higher density,or additional housing,and consider implementing a zoning overlay that incentivizes higher tree canopy percentages in exchange for development incentives. ■ Adopt a formal tree mitigation/preservation credit process by enacting Code that mirrors the °��' ° 2 14 • ... recently passed State model ordinance(SB537). � `,"y,;"-.v`i. `'•�a,. f '•'*' s 4 "`'+¢�-s. � .:-3', t�jij°-. � � 'l�''"'+ ■ Promote a CIP Tree Fund that developers can pay into when meeting tree planting requirements onsite is impossible. Payment in lieu should support planting at least as many trees in appropriate locations as would have been required onsite for a particular development. ■ If trees must be removed for a development, incentivize the removal of smaller, less mature trees so that replacement of them could achieve the same canopy size,resulting in less net loss to the UTC. ■ Use Stormwater Credits as an incentive for tree preservation as metrics become available for the stormwater quality and quantity benefits of preserving large groups of mature trees.This v� ratt " work is being conducted by researchers at Virginia Polytechnic Institute and State University. Tree Preservation Area on a Construction Site,Virginia Beach,VA 2023 Urban Forest Management Plan 27 Future %-.onsiderations 3 of 4 Future Consideration #3: t_ Establish a Tree Protection Easement Program. 0000 Targeted Goal: t� t Creating a mutually beneficial program that allows property owners to institute protective easements or covenants in exchange for property tax relief is a method for protecting trees (at least for a set duration of time). Desired Outcomes: ■ A program that incentivizes property owners of all land use types to implement protective easements or covenants for the preservation of trees will be established, with property tax relief provided to participants. This would function similar to the City's Agriculture Preserve Program. j' ■ While property owners with forested tracts of 20 acres or more may benefit from lower real estate taxes,owners with mixed use of cropland and forest land may also be interested to take advantage of this land use value taxation if they qualify based on sufficient acreage amounts. Tools&Techniques ■ Establish a set of program guidelines that provides property tax relief for property owners who P g g P P P tY P P t3' enter into easement agreements or covenants to preserve mature tree canopies. ■ Directly promote the easement program first to the city s many property owners who have larger tracts of land that abut against waterways,intact woodlands,and other fragile environments. r ■ Once a critical mass of interest develops, begin promoting the program to other areas where ` the preservation of the tree canopy would aid in reducing fragmentation of the urban forest. PRO ■ Seek to replicate natural and managed reforestation processes on both green development and �,- redevelopment sites. ■ Tree protection and reforestation easements would be set up in perpetuity,however,a strategy should be developed for ongoing tree survivability,forest quality,inspection,and maintenance of the easements in order to ensure annual tax reliefs are merited for the life and quality of the resource. Considerations could include location of the tree with respect to property lines as well as value and health of the tree. -,.ram.•=- _ _ ._,, Town Center Urban Trees,Virginia Beach,VA 2023 Urban Forest Management Plan 28 utu re %.onsiweratwns 4 of 4 Future Consideration #4: Establish a Property Owner Tax Incentive Education Program. Targeted Goal: ' There are federal tax incentivizes for reforestation projects,including projects which are a part of +i timbering operations.Establishing a program that educates property owners and connects them with resources to promote reforestation can aid in offsetting timbering impacts,especially in the southern areas of the city. Desired Outcomes: , ■ A program that connects timbering operations and rural property owners to tax incentive opportunities related to reforestation will be promoted and managed. ■ New development will result in a net gain in the UTC by requiring developers who are not able to meet tree planting requirements to fund tree planting efforts in more suitable locations .,.., ► ,; or by allowing developers to replant trees of the same total inches in diameter as the removed y trees. Tools&Techniques ■ Reach out directly to rural property owners and timber companies to gauge interest and aril1 ` M, obtain support for the city's reforestation efforts. Inform these stakeholders about the federal r' tax incentives available for reforestation projects. ■ Promote the existing Agricultural Reserve Program and the fact that tree planting is an eligible agricultural activity for participation in the program. ■ The state's new model tree preservation and replanting ordinance (SB537) allows for reforestation on other site in lieu of preservation on the development site under certain 17, � circumstances. This framework should be used to aid in reforestation efforts city-wide in concert with federal tax incentivization programs. ■ The federal tax incentives in Virginia go beyond just education and many are tied to various state and federal agencies. In general terms,the costs of reforestation are tax deductible up to a certain dollar amount per property. r ?4 ti a Chinkapin Oaks at Lark Downs Park at the Kempsuille Bee Center,Virginia Beach,GA 2023 Urban Forest Management Plan 29 t r f + •}� f 7 3 y" w' E. X 't'4 t a � F } , r r "P Conclusion ' _ In conclusion, the Virginia Beach Urban Forest Management � � � ` Plan Update is a comprehensive strategy aimed at preserving, expanding, and diversifying the city s urban forest. Recognizing the significant loss of the urban forest infrastructure, the plan outlines immediate and long-term actions to achieve a sustainable and vibrant urban forest. The vision is to reach 45% tree canopy coverage by 2045 through a community-wide effort involving residents, business owners, developers, non-profit organizations, and government entities. The plan emphasizes the need for a shift in community philosophy and public policy Y p p Y p P Y towards tree infrastructure valuation. It sets clear priorities and � �' �.�� " � 7 � measurable objectives, includingtrackingreal-time tree loss and "� 44 gain, and undertaking significant tree preservation, replacement planting, and reforestation efforts equating to a net increase of roughly 40,000 trees (376 acres) every year until 2045. The " .. � h. ultimate goal is to transform Virginia Beach into a model city for tree management and green infrastructure, enhancing the health well-being, and adaptability of the city, its environment and its residents. This Ian serves as a testament to the cit 's p Y commitment to its urban forest, recognizing it as more than just a collection of trees, but a dynamic green infrastructure " that provides significant environmental, economic, and social benefits. Urban Trees at Thalia Creek,Virginia Beach,4A 2023 Urban Forest Management Plan 31 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 1501 OF THE CITY ZONING ORDINANCE PERTAINING TO EATING AND DRINKING ESTABLISHMENTS IN THE RT-1 ZONING DISTRICT. MEETING DATE: November 12, 2024 ■ Background: The City of Virginia Beach is proposing a zoning text amendment that would allow an eating and drinking establishment as a by-right principal use in the RT-1 zoning district. Currently, restaurants require a Conditional Use Permit and require that alcoholic beverages be served and require the establishment to exclude persons on the basis of age during any part of the day. During the adoption of the Oceanfront Resort (OR)district Form-based Code, most of the RT-1 zoning was replaced with the new OR district. Currently, there are five existing parcels zoned RT-1, all of which are located in the southern resort area. Two parcels are city-owned and located in North Croatan and Rudee Inlet, while the remaining three are under private ownership and located along Winston-Salem Avenue within the Marina District. ■ Considerations: While the RT-1 District was originally intended to provide areas that could accommodate high-density hotels and related uses along the Boardwalk, staff does not feel such limitations continue to be warranted given the limited number of remaining RT-1 parcels. Furthermore, the proposed amendment would align with the recommendations for the Resort Area and Marina District has detailed in the Resort Area Strategic Action Plan, 2030. This item was presented to the Resort Advisory Commission's Planning/Design Review Committee (PDRC) on October 2nd, where there was a unanimous vote of support and no opposition from the Commission at large. The item was also received support from the Restaurant Association. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On October 9, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. City of Virginia Beach Page 2 of 2 ■ Attachments: Staff Report Ordinance Planning Commission Minutes Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department Lkf' City Manager.f;p 1 AN ORDINANCE TO AMEND SECTION 1501 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING EATING AND DRINKING 4 ESTABLISHMENTS 5 6 Section Amended: § 1501 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 1501 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 1501. Use regulations. 18 19 (a) The following chart lists those uses permitted within the RT-1 Resort Tourist District 20 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 21 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 22 220 et seq.). No uses or structures other than those specified shall be permitted. All 23 uses, whether principal or conditional, should to the greatest extent possible adhere to 24 the provisions of the Oceanfront Resort Area Design Guidelines. 25 26 . . . . 27 Use RT-1 Eating and drinking establishments, whether Or ROt operated G-p :,tffien with a hotel or mete!, where both of the f0I1E)WiR@ E)GGLJr: (i) PeF&046 OR the ba-sis of age dUFiRg aRy part of the day Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: otitlm� qA E�", tanning Department City Attorney's Office - 0 CA16650 R-1 September 4, 2024 Agenda •• of Beach V_B, Planning Commission Public Hearing: October 9, 2024 Eating • Drinking Establishments An Ordinance to amend Section 1501 of the City Zoning Ordinance pertaining to the use of Eating and drinking establishments in the RT-1 Resort Tourist District. Summary of Request The purpose of this amendment is to permit the use of Eating and drinking establishments by-right in the RT-1 zoning district. Currently, the RT-1 district requires a Conditional Use Permit (CUP)for Eating and drinking establishments, as well as two additional requirements; 1) that alcoholic beverages must be served at the restaurant, and 2) that the restaurant must exclude persons on the basis of age during any part of the day. The RT-1 district was intended to provide areas that can accommodate high density hotels, and their related needs, adjacent to the oceanfront of the Resort Area, between Atlantic Avenue and the Boardwalk. During the adoption of the Oceanfront Resort (OR) district Form-based Code, most of the RT-1 zoning was replaced with the new OR district. Currently, there are five existing parcels zoned RT-1, two of which are owned by the City and are located over the water surface within the Rudee Inlet and north Croatan. The remaining three parcels are located along Winston Salem Avenue, in a portion of the Resort Area designated as the Marina District. This amendment will allow the development of Eating and drinking establishments by-right without restrictions in the RT-1 district. While the original context of the RT-1 zoning district may have warranted the limitation of restaurants, staff does not feel such limitations continue to be warranted given based on the limited number of remaining RT-1 parcels. Staff finds this amendment to be in keeping with the context of Resort Area and the Marina District—The Marina District itself is envisioned as a place for "mixed-use redevelopment that includes hotels, retail, restaurants, business and residential uses that are compatible with the adjacent Seatack and Shadowlawn neighborhoods" (Resort Area Strategic Action Plan 2030, Pg. 11). Given the goals of the Marina District, and larger vision of Resort Area, Staff believes this amendment allows for greater development opportunities for the remaining RT-1 parcels while ensuring such development is compatible and consistent with the overall area. Recommendation Staff recommends approval of this Ordinance as it expands the uses available to developers within the Marina District and ensures that development of the area is consistent with the vision and goal of the Resort Area of the City. City of Virginia Beach Agenda Item 1 page 1 of 3 Zoning Administration staff presented the amendment to PDRC on 10/1/2024, where there was a unanimous vote of support from the members in attendance.The Restaurant Association was provided the amendment explanation and stated there were no issues found, and no further discussion was requested. City of Virginia Beach Agenda Item 1 page 2 of 3 Virginia Beach Planning Commission October 09, 2024 Public Meeting Item # 1 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr.Alcaraz: All right,thank you,Madam Clerk. At this time, I'll pass it on to the Vice Chair to start with the consent agenda. Ms. Cuellar: Thank you very much, Mr. Chairman. Today we have three items on the consent agenda. These are applications that are recommended for approval by the staff. The Planning Commission has concurred, and there are no speakers signed up in opposition. Our first item is item #1, City of Virginia Beach. An ordinance to amend section 1501 of the city's zoning ordinance pertaining to eating and drinking establishments. Ms. Harrington: Good afternoon, Commissioners. My name is Lane Harrington. I'm with the zoning administration, and this agenda item #1 pertains to a proposed amendment to the zoning ordinance related to eating and drinking establishments in the RT-1 zone districts. The purpose of this amendment is to permit the use of eating and drinking establishments as a by right in the RT-1 zoning district. Currently, the RT-1 district requires a conditional use permit for this use. As well as two additional requirements. The first one being that alcoholic beverages must be served, and the second one being that the restaurant must exclude persons on the basis of age at any point during the day. The RT-1 district was intended to provide areas that can accommodate high density hotels,and their related needs adjacent to the ocean front of the resort area between Atlantic Avenue and the boardwalk. During the adoption of the ocean front resort district form based code, most of the RT-1 zoning was replaced with the new OR district. Currently, there are five existing parcels zoned RT-1,two of which are city owned,and are located over the water surface within the Rudee Inlet and North Croatan. The remaining three parcels are located along Winston Salem Avenue, and are all within that southern resort area. Then you can go to the next slide. So this is a depiction of what the amendment will be doing, switching that permission from a C to P, and removing those additional requirements. As stated in the resort area strategic action plan,the Marina district itself is envisioned as a place for a mixed use redevelopment that includes restaurants and other uses compatible to the surrounding neighborhoods. While the original context of the RT-1 zoning district may have warranted the limitation of restaurants, staff does not feel such limitations continue to be warranted given based on the limited number of remaining RT-1 parcels. Staff finds this amendment to be in keeping with the context of the resort area and the Marina District. Ms. Cuellar: Thank you very much. Are there any questions for Ms. Harrington? And is there any opposition? You may be seated. Ms. Cuellar: Thank you very much. Mr. Chairman,that was the last item on our consent agenda. The Planning Commission places the following applications on the consent agenda, items#1,2, and 3. Mr. Alcaraz: Thank you. Do I have a motion to put these items on the consent agenda? Ms. Hippen: Moved. Mr. Alcaraz: Ms. Hippen has a motion. I need a second. Ms. Cuellar: Second. Mr. Alcaraz: Second by Ms. Cuellar. Madam Clerk:The vote is now open. By a vote of 9 to 0, items 1,2, and 3 have been recommended for approval by consent. Mr. Alcaraz: All right. Thank you. That concludes our consent. Those of you that have been approved,you can get with your planning representatives to see when you're available to be in front of city council. Our next item of business is the regular agenda. Madam clerk. Do we have speakers? Vote Tall AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Estaris X Hi en X Mauch X Parks X Plumlee X N. APPOINTMENTS BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CHESAPEAKE BAY AREA PRESERVATION BOARD CLEAN COMMUNITY COMMISSION COG REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD EASTERN VA REGIONAL INDUSTRIAL FACILITY AUTH. GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADV. COMMITTEE RESORT ADVISORY COMMISSION STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP VIRGINIA BEACH CANNABIS ADV. TASK FORCE VIRGINIA BEACH CDC O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 The Agenda (including all backup documents) is available at https://clerk.virginiabeach. og v/city- council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TCheliuskvb og_v.com or call 3 85-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/webl i n k/reg ister/r023bcfc2bda739c22dcO6cd3l l 4eaddf 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on Tuesday, November 12, 2024. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE: 10/15/2024 PAGE: 1 R T H C L H C R A H T W W U E H E M R U A 1 O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N N 1. CITY COUNCIL'S BRIEFINGS A. COMMUNITY CHAPLAINCY PROGRAM Dr.Barrelevia Evans, (Requested by Mayor Dyer) Virginia Beach and Hampton Roads Mayoral Commission Dr.Tymon Moore, Virginia Beach and Hampton Roads Mayoral Commission B. COASTAL STORM RISK MANAGEMENT Keith Lockwood, STUDY UPDATE Chief,Water Resources Division —US Army Corps of Engineers Kristin Mazur, Coastal Storm Risk Program Manager— US Army Corps of Engineers C. URBAN FORESTRY&TREE Michael Kirschman, MITIGATION PLAN UPDATE Director—Parks& (Requested in FY 2024-25 Reconciliation) Recreation Frank Fentress,Park and Landscape Services Administrator— Parks&Recreation II. CITY MANAGER'S BRIEFING A. NIMMO VII-B UPDATE L.J.Hansen,Director —Public Works Toni Utterback,City Engineer—Public Works III.- CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VI.A- F G. MINUTES 1. INFORMAL AND FORMAL SESSIONS APPROVED 10-0 Y Y Y Y Y Y Y Y A Y Y October 1,2024 B S T A I N E D 2• FORMAL SESSION APPROVED 10-0 Y Y Y Y Y Y Y Y A Y Y October 8,2024 B S T A I N E D CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE: 10/15/2024 PAGE: 2 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N N H. PUBLIC HEARINGS 1. PROPOSED CHARTER AMENDMENT 9 SPEAKERS Implement 10-1 Election System 2. ACQUISITION,BY AGREEMENT OR I SPEAKER CONDEMNATION Bus Stop Infrastructure and Accessibility Improvements Phase 9A Project 1. PUBLIC COMMENT 1. 2025 DRAFT LEGISLATIVE AGENDA I SPEAKER K.1. Ordinance to ADD City Code Section 17-7 ADOPTED,BY 10-1 Y Y Y Y Y Y Y Y Y Y N re nighttime use of City Libraries CONSENT property K.2. Ordinance to AMEND City Code Chapter 6, ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Article 1 re obstructing and contaminating CONSENT the waterways K.3. Resolution to RATIFY amendments to the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Community Services Board Bylaws CONSENT K.4. Resolution to DIRECT the City Managerto ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y impose conditions upon the City's future CONSENT financial support re Something in the Water Festival K.5. Ordinance to EXTEND the date for ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y satisfying the conditions in the matter of CONSENT Commonwealth Brewing Company,LLC re closing a portion of Lake Drive adjacent to 2444 Pleasure House Road K.6. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a 20' City-owned CONSENT drainage easement and a 5' City-owned drainage and utility easement at the rear of 1414 Sea Breeze Trail re maintain existing concrete ramp and timber floating dock with a lift,and construct and maintain a vinyl bulkhead(DISTRICT 8) K.7. Ordinance to ACCEPT and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE $142,074 from the CONSENT Virginia Department of Behavioral Health and Developmental Services to the FY 2024- 25 Human Services Operating Budget and AUTHORIZE one(1)full-time position re support substance use disorder clinical services K.8. Ordinance to ACCEPT and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE$80,000 from the Virginia CONSENT Department of Criminal Justice Services to the FY 2024-25 Police Department Operating Budget re purchase equipment to reduce violent crime CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE: 10/15/2024 PAGE: 3 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE 1 R Y N K D E N R N N K.9. Ordinance to ACCEPT and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE$74,588 from the United CONSENT States Department of Homeland Security to the FY 2024-25 Police Department Operating Budget and TRANSFER$24,863 within the FY 2024-25 Police Department Operating Budget to provide the required local grant match re marine patrol equipment K.10 Ordinance to ACCEPT and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE $37,431 from the CONSENT Supreme Court of Virginia, Office of the Executive Secretary to the FY 2024-25 Commonwealth's Attorney Operating Budget and AUTHORIZE a 25% grant match re drug and alcohol testing for the Virginia Beach Drug Court K.11. Ordinance to APPROPRIATE$4.3-Million ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y of fund balance from the General Fund to the FY 2024-25 Operating Budget and TRANSFER funds as Pay-Go Funding to Capital Project #100664 "Virginia Beach 5/31 Memorial" re construction of the Virginia Beach 5/31 Memorial L.1. BEACH FRAMING AND DRYWALL, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC for a Variance to Section 4.4(b)of the CONDITIONED,BY Subdivision Regulations re replace an CONSENT existing mobile home with a single-family dwelling for a parcel directly East of 1924 Gum Bridge Road DISTRICT 2 L.2. SUGAR PLUM,INC.for a Modification of APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Proffers re bakery specializing in dog MODIFIED,AS treats and similar products at 1361 Laskin PROFFERED,BY Road DISTRICT 6(Approved February 10, CONSENT 1998) L.3. FERBER COMPANY CENTRAL,LLC,/ APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LYNNHAVEN BOA L, LLC & MODIFIED,AS LYNNHAVEN BOA Q, LLC for a PROFFERED,BY Modification of Proffers re redevelop the CONSENT site with an eating and drinking establishment with a drive-thru at 2061 Lynnhaven Parkway DISTRICT 7 (Approved July 14, 1998, September 25, 2001,and September 23,2003) LA. 41h GENERATION HOME BUILDERS, APPROVED,AS 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC for a Conditional Change of Zoning PROFFERED,BY from PD-HI Planned Unit Development to CONSENT Conditional A-18 Apartment District (Amendment to Land Use Plan)re develop a 25-unit residential townhouse condominium community for a parcel on Commuter Drive, directly East of 1436 South Independence Boulevard DISTRICT 10 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE: 10/15/2024 PAGE: 4 R T H C L H C R A H T W W U E H E M R U A 1 O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N N L.5. MELLIE VALIANOS-REYNOLDS / APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y VALIANOS PROPERTIES, LLC for a MODIFIED/ Modification of Conditions to a Conditional CONDITIONED,BY Use Permit and a Conditional Use Permit re CONSENT automobile repair garage at 619 London Bridge Road DISTRICT 3(Approved 1978) L.6. AARON C.DAVENPORT/AARON & APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y KENDRA DAVENPORT fora Conditional CONDITIONED,BY Use Permit re short term rental at 421 22-j CONSENT Street DISTRICT 6 L.7. TRAVIS SMITH / TRAVIS & APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ELIZABETH SMITH for a Conditional CONDITIONED,BY Use Permit re short term rental at 304 N' CONSENT Street,Unit 205 DISTRICT 6 L.8. Ordinance to ADOPT and DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y INCORPORATE into the Virginia Beach NOVEMBER 12, Comprehensive Plan, 2016 re The Urban 2024,BY CONSENT Forest Management Plan,2023,which will supersede the Urban Forest Management Plan,2014 M. APPOINTMENTS RESCHEDULED B Y C O N S E N S U S BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD EASTERN VIRGINIA INDUSTRIAL FACILITY AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD STORM WATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE OPEN SPACE ADVISORY COMMITTEE Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Steve Rockefeller— Representing Parks and Recreation Commission Unexpired Tern thru 2/28/2026 N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 6:52 PM