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Home My WebLink AboutDECEMBER 10, 2024 FORMAL SESSION MINUTES �u`'BEt 0or 4c"e <V o, OIIN N 310 VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Virginia DECEMBER 10,2024 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, December 10, 2024 at 2:30 P.M. Mayor Dyer invited City Manager Duhaney to make an announcement. City ManagerDuhaney announced Sergeant Frank Filippone has been selected forpromotion to Lieutenant and will be leaving his position as the City Hall Operations Sergeant and Sergeant James Rubley will be taking his place. City Manager Duhaney expressed his appreciation to Sergeant Filippone for being the first to serve in this position and doing a remarkable job in setting the standard. City Manager Duhaney welcomed Sergeant Rubley and expressed his confidence that he is the best Sergeant to fill the position. Mayor Dyer expressed his appreciation to Sergeant Filippone and welcomed Sergeant Rubley. Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, David Hutcheson, Robert W "Worth"Remick,Dr. Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Barbara M. Henley Jennifer Rouse-Maternity 2 CITY COUNCILS BRIEFINGS AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2024 ITEM#76449 2:34 P.M. Mayor Dyer welcomed Laura Harden, Director—Cherry Bekaert Advisory, LLC. Ms. Harden expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Ms. Harden for the presentation. December 10, 2024 City of Virginia Beach City Council Presentation December 10, 2024 `� Cherry Bekaert"' Your Guide Forward Results of the Audit Financial Statements: We have audited the financial statements of City of Virginia Beach(the "City"), as of and for the year ended June 30, 2024, and we have issued an unmodified opinion on the financial statements in our report thereon dated December 5, 2024. Government Auditing Standards ("GAS") and the Commonwealth of Virginia's Auditor of Public Accounts ("APA") Specifications for Audits of Counties, Cities, and Towns: We identified no instances of noncompliance required to be reported under GAS or the APA Specifications. We identified no material weaknesses in internal control over financial reporting. Uniform Guidance: We have issued an unmodified opinion on the City's compliance with each major federal program. We identified no material weaknesses in internal control over compliance in accordance with the Uniform Guidance. We identified one item considered to be a significant deficiency and non-material non-compliance, which is described as item 2024-001 in the Schedule of Findings and Questioned Costs. 2w Qualitative Aspects of Accounting Practices As described in Note 1, the City adopted GASB Statement 100, Accounting Changes and Error Corrections effective July 1 , 2023. The adoption of this standard had no impact on the City's financial statements. As described in Note 1 , the City adopted GASB Statement 101 , Compensated Absences effective July 1 , 2023. Accordingly, the accounting change has been retrospectively applied to prior periods presented as if the policy had always been used. No other new accounting policies were adopted, and the application of existing policies was not changed during the year. We noted no inappropriate accounting policies or practices. 3 � Difficulties Management Encountered Consultations Disagreements Other Findings with Management or Issues Auditor Fraud and Consultations Illegal Acts Management Going Representations Concern Questions Contacts Laura Harden, CPA Hailey Kadisevskis, CPA Audit Director Audit Manager IhardenCa-)-cbh.com hailey.kadisevskis(cDcbh.com About Cherry Bekaert 'Cherry Bekaert"is the brand name under which Cherry Bekaert LLP and Cherry Bekaert Advisory LLC.independently owned entities.provide professional services in an alternative practice structure in accordance with applicable professional standards.Cherry Bekaert LLP is a licensed CPA firm that provides attest services,and Cherry Bekaert Advisory LLC and its subsidiary entities provide tax and advisory services.For more { details,visit cbh.com/disdosure. This material has been prepared for general informational purposes only and is not intended to be relied upon as tax,accounting,or other i Cherry Bekaert LLP professional advice.Before taking any action,you should consult a professional advisor familiar with your particular facts and circumstances Cbt'1.COfil No Your Guide Forward 5 3 CITY COUNCILS BRIEFINGS GENERAL FUND UPDATE ITEM#76450 2:39 P.M. Mayor Dyer welcomed Letitia Shelton, Director—Finance and Kevin Kielbasa, Finance Controller. Ms. Shelton expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Ms. Shelton and Mr. Kielbasa for the presentation. December 10, 2024 AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED DUNE 30,12024 Department of Finance I December 10, 2024 CITY OF v VIRGINIA BEACH AGENDA • Overview of FY 2024 Audited Financial Results • Net Position — All City Funds • General Fund • Enterprise Funds • Long-term Debt — Annual Required Payments STATEMENT OF NET POSITION - ALL CITY FUNDS (IN MILI IONS) CITY SCHOOLS TOTAL Current Assets $ 1,869.5 $ 414.9 $ 2,284.4 Capital Assets 5,096.8 638.9 5,735.7 Total Assets 6,966.3 1,053.8 8,020.1 Deferred Outflows of Resources 187.6 195.3 382.9 Current Liabilities 177.3 155.6 332.9 Net Pension Liability 436.4 484.7 921.1 Net OPEB Liability 78.6 152.3 230.9 Other Long-Term Liabilities 1,832.1 66.6 1,898.7 Total Liabilities 2,524.4 859.2 3,383.6 Deferred Inflows of Resources 136.3 106.3 242.6 Net Position: Net Investment in Capital Assets 3,524.6 630.3 4,154.9 Restricted 257.9 35.3 293.2 Unrestricted 710.8 (382.1) 328.7 Total Net Position $ 4,493.3 $ 283.5 $ 4,776.8 3 a^_ GENERAL TO ACTUAL JUNE 1 2024 (IN MILLIONS) ACTUAL % OF ADOPTED BUDGET 'AMENDED ACTUAL VARIANCE AMENDED BUDGET BUDGET LOCAL $ 1,246.4 $ 1,247.8 $ 1,264.4 $ 16.6 1.3% STATE 174.8 194.0 192.8 (1.2) -0.6% FEDERAL 24.6 24.6 29.4 4.8 19.5% TOTAL REVENUES $ 1,445.8 $ 1,466.4 $ 1,486.6 $ 20.2 1.4% CITY OPERATIONS 939.8 976.0 914.7 61.3 6.3% CITY CAPITAL PROJECTS 81.0 120.4 120.4 - 0.0% SCHOOLS 468.4 468.7 437.0 31.7 6.8% SCHOOL RESERVE FUND 0.4 0.4 0.4 - 0.0% SCHOOLS CAPITAL PROJECTS 11.0 25.9 25.9 - 0.0% TOTAL EXPENDITURES $ 1,500.6 $ 1,591.4 $ 1,498.4 $ 93.0 5.8% OTHER FINANCING SOURCES $ 1.0 $ 1.0 $ 37.8 $ 36.8 (1.0) REVENUES OVER (UNDER) $ (53.8) $ (124.0) $ 26.0 $ 113.2 FUND BALANCE a JUNE 30 368.1 LESS: RESERVATIONS (181.9) TOTAL UNASSIGNED FUND BALANCE $ 186.2 "12.6%of FY 2025 Budgeted Revenues 4 TOTALBALANCE RESERVATIONS MILLIONS) Total Fund Balance June 30, 2024 $ 368.1 Less Reservations: Inventories & Loans Receivable 9.1 Community Services Board Restricted Funds 6.8 School Reserve Fund 14.9 School Reversion 31.7 Carryforwards and Encumbrances 23.3 Flood Protection Referendum Fund 55.3 Trust and Gift Funds 1.0 FY 2025 City CIP Budget 36.2 Other uses of Fund Balance in FY 2025 3.6 181.9 Total Unassigned Fund Balance FY 2024 $ 186.2 % of FY 2025 Budgeted Revenues 12.6% GENERALUNASSIGNED BALANCE OF 1THROUGH $250.0 13.500 13.80% 14.00% 13.00% 12.60% $200.0 3 $186.2$196.1 12.00% $180. ° 10.20/ 9.30% 9.00°/ 10.00% c $152.8 a, $150.0 °J o ,L 8 2 $118.4 $114.3 $121.3 .00% v $107.1 $111.0 w an an 00 $100.0 $97.0 6.00% m 0 0 4.00% $50.0 2.00% $_ 0.00% 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Unassigned General Fund Balance —%of Budgeted General Fund Revenue 6 r, TOTAL JUNE 30, 2024 COMPARED PRIOR MILLIONS) FY 2024 FY 2024 $VARIANCE FY 2024 ACTUAL FY 2023 FY 2023 ACTUAL ADOPTED AMENDED FY 2024 (AMENDED VS %OF AMNDED AMENDED FY 2023 %OF AMENDED BUDGET BUDGET YTD ACTUAL ACTUAL) BUDGET BUDGET YTD ACTUAL BUDGET REAL ESTATE TAXES $ 701.4 $ 701.4 $ 698.3 $ 3.1 99.6% $ 649.7 $ 642.5 98.9% PERSONAL PROPERTY TAXES 154.8 154.8 154.5 0.3 99.8% 139.2 140.3 100.8% COMMONWEALTH-PPTRA 53.4 53.4 53.4 - 100.0% 53.4 53.4 100.0% GEN ERAL SALES TAX 91.9 91.9 92.2 (0.3) 100.3% 93.9 89.5 95.3% BUSINESS LICENSE 58.7 58.7 62.1 (3.4) 105.8% 54.9 59.0 107.5% UTILITYTAXES 43.1 43.1 42.7 0.4 99.1% 43.1 40.5 94.0% MEALTAX 58.7 58.7 59.9 (1.2) 102.0% 57.0 58.7 103.0% HOTELTAX 11.3 11.3 11.2 0.1 99.1% 10.7 11.1 103.7% OTHER LOCALTAXES 33.9 33.9 28.8 5.1 85.09/. 34.5 30.7 89.0% CHARGES FOR SERVICES 63.1 63.2 64.7 (1.5) 102.4% 54.1 54.6 100.9% OTHER LOCAL REVENUE 29.5 30.8 49.9 (19.1) 162.0'9 27.4 27.4 100.0% COMMONWEALTH MAINTENANCE OF ROADS 56.0 66.2 66.2 - 100.09/o 57.5 60.6 105.4% COMMONWEALTH-HUMAN SERVICES 39.2 47.0 45.4 1.6 96.6% 41.6 41.1 98.8% COMMONWEALTH OTHER STATE REVENUE 26.3 27.4 27.9 (0.5) 101.8% 26.2 25.0 95.4% FEDERAL REVENUE 24.5 24.6 29.4 (4.8) 119.5% 25.2 26.0 103.2% TOTAL GENERAL FUND REVENUE $ 1,445.8 $ 1,466.4 $ 1,486.6 $ (20.2) 101.4% $ 1,368.4 $ 1,360.4 99.4% 7 - ► 8 £ZOZ■ bZOZ■ Aepnp spun3 aagjo sd10 sigauag sasuadx3 sloops lelideD -sia}sueal aaiAias jgaa sialsueal aguu3 Suileaadp sauejes saa}sueal 000'000'OS 000'000'001 000'000'OST 000'000'00Z 000'000'OSZ 000,000,00E 000'000'0S£ 000'000'OOb 000'000'OSb 000'000'00S �JVIA . • . . • . Vd • ► 1 1 GNnj V . . • ENTERPRISE FUNDS STATEMENT OF POSITION i (IN MILLIONS) WATER AND STORM WASTE PARKING TOTAL SEWER WATER MANAGEMENT CASH AND INVESTMENTS $ 129.3 $ 28.7 $ 12.2 $ 5.9 $ 176.1 CASH AND I NVESTM ENTS-RESTRICTED 88.0 31.6 - - 119.6 RECEIVABLES 15.9 5.4 4.7 - 26.0 INVENTORY 3.8 3.8 CAPITALASSETS 707.1 573.4 5.3 3.6 1,289.4 DEFERRED OUTFLOWS 9.2 2.2 2.8 0.2 14.4 TOTAL ASSETS+ DEFERRED 953.3 641.3 25.0 9.7 1,629.3 CURRENT LIABILITIES 31.3 11.1 2.0 1.0 45.4 COMPENSATED ABSENCES 2.3 0.6 1.1 0.1 4.1 BON DSAND NOTES PAYABLE 178.5 132.0 - - 310.5 SUBSCRIPTIONS PAYABLE - - - - - LEASE PAYABLE - - - 3.0 3.0 NET PENSION LIABILITY 23.0 5.4 6.9 0.4 35.7 NET OPEB LIABILITY 2.5 0.6 0.9 0.1 4.1 DEFERRED INFLOWS 4.2 1.3 1.3 0.1 6.9 TOTAL LIABILITIES + DEFERRED 241.8 151.0 12.2 4.6 409.6 NETINVESTMENTINCAPITALASSETS 508.5 431.6 5.3 0.3 945.7 FUTURE DEBT SERVICES 20.5 9.6 - - 30.1 UNRESTRICTED(DEFICIT) 182.5 49.1 7.5 4.8 243.9 TOTAL NET POSITION $ 711.5 $ 490.3 $ 12.8 $ 5.1 $ 1,219 9 .7 ENTERPRISE OF REVENUESI EXPENDITURES AND CHANGES IN NET POSITI • N AT J U N E 301 2024 • WATER AND STORM WASTE PARKING SEWER WATER MANAGEMENT CHARGES FOR SERVICES $ 137.5 $ 46.3 $ 41.3 $ 5.9 MISCELLANEOUS 0.04 0.03 0.9 - OPERATING REVENUE 137.5 46.3 42.2 5.9 COST OF GOODS SOLD 38.2 - 0.4 - PERSON N EL SERVICES 37.1 8.9 13.6 0.6 OPERATING EXPENSES 39.2 14.1 26.7 5.2 DEPRECIATION 27.9 11.2 3.0 0.3 OPERATING EXPENSES 142.4 34.2 43.7 6.1 INTERESTAND FISCAL AGENT FEES (5.0) (3.4) - (0.6) OTHER NONOPERATING REVENUES 8.3 2.7 0.5 0.2 NONOPERATING REV AND EXP 3.3 (0.7) 0.5 (0.4) CAPITAL CONTRIBUTIONS 2.9 2.1 - - TRANSFERS IN (OUT) - - - (0.4) CHANGE IN NET POSITION $ 1.3 $ 13.6 $ (1.1) $ (1.21 10 LONGTERMPAYMENTS (IN MILLIONS) FY 2024 FY 2023 Principal Retirement $ 112.1 $ 122.8 Interest 46.1 51.2 City Pension - Employer Contributions 72.6 67.6 School Pension - Employer Contributions 84.6 77.3 City OPEB - Employer Contributions 12.4 11.7 School OPEB - Employer Contributions 19.2 17.5, • A AND 'A A ' D G G Government Finance OlTicen Association Government Finance Officers Association Certificate of Award for Achievement Outstanding for Excellence Achievement in in Financial Popular Annual Reporting Financial Reporting Presented to Presented to City of Virginia Beach City of Virginia Beach Virginia Virginia For its Annual Comprehensivc For its Annual Financial Report Financial Report For the Fiscal Year Ended For the Fiscal Ycar Ended June 30,2023 June 30.2023 rt. P.a� O-C-4�4�Par c ISxecunve IFrcctonCF.O r.c-ti-UrecmrICFO 12 THANK YOU QUESTIONS? CITY OF VIRGINIA BEACH 13 4 CITY COUNCILS BRIEFINGS DEBT MANAGEMENT UPDATE ITEM#76451 2:51 P.M. Mayor Dyer welcomed Letitia Shelton, Director — Finance, David Rose, Senior Vice President and Manager of Public Finance—Davenport& Company and Kyle Laux, Senior Vice President—Davenport & Company. Mr. Laux expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Ms. Shelton, Mr. Rose and Mr. Laux for the presentation. December 10, 2024 DAVENPORT & COMPANY Ism City of Virginia Beach, Virginia Financial Mate of the City 4p December 10, 2024 Member NYSE I FIN RA I SIPC Y OF Introduction VIRGINIA -sue BEACH ➢ Davenport & Company LLC ("Davenport") serves as Financial Advisor to the City of Virginia Beach (the dicity ). ➢ Davenport serves as Financial Advisor to the City in the following ways, amongst others: — Reports to the City Council and Senior City Leadership; — Complements City Staff with annual Budgetary Planning, Capital Planning, and general Financial Planning; and, — Interacts with the National Credit Rating Agencies, Banks, and Brokerages on behalf of the City. ➢ Davenport does not: — Determine which projects will be financed; — Underwrite any bond issues or lend the City any money; or — Hold a financial interest in how a project is funded. ➢ Roughly one year ago, Davenport presented a Comprehensive Debt Management Update to brief the City Council on an array of capital funding scenarios focused on debt capacity and debt affordability. These discussions led to a strategic Plan of Finance. DAVENPORT&COMPANY December 10,2024 Financial State of the City 1 OTY OF VIRGINIA Introduction (cont.) BEACH Davenport advised the City through the successful issuance of bonds in support of the CIP and for refinancing/ debt service savings purposes. A high-level summary of the debt issuances from early calendar year 2024 is below: General Obligation Bonds: TIC Refunding Series Amount Purpose 2024A 143,260,000 General Capital / Schools 3.40% -- 2024B 118,000,000 Flood Protection Program 3.41% -- 2024C 39,130,000 Refunding 2.80% 3,348,121 Total 300,390,000 Public Facility Revenue Bonds: TIC Refunding Series Amount Purpose ("Interest Rate") Savings 2024A 33,435,000 Tax-Eempt Econ. Dev. / Schools 3.55% -- 2024B 27,225,000 Refunding 2.95% 1,349,575 2024C 128,070,000 Taxable Econ. Dev. 5.04% -- Total 188, 730,000 DAVENPORT&COMPANY December 10.2024 Financial State of the City 2 v* I VIRGINIA Credit Rating Overview ...�■ BEACH The City enjoys `Aaa' credit ratings from all three of the National Credit Rating Agencies. These credit ratings were affirmed as part of the issuance process earlier this calendar year. `Aaa' credit ratings are the highest possible credit ratings a local government can achieve. Credit ratings serve as a barometer for the Financial, Economic, Demographic, and Management standing of the City. Moody's S&P Fitch Top Tier "Highest Possible AAA Rating" Aaa Aa 1 AA+ AA+ (Highest) 2nd Tier "Very Strong" Aa2 AA AA (Middle) Aa 3 AA- AA- (Lowest) Al A+ A+ (Highest) 3rd Tier "Strong" A2 A A (Middle) A3 A- A- (Lowest) Considered 4th Tier "Adequate Baal BBB+ BBB+ (Highest) Investment Capacity to Repay" Baa2 BBB BBB (Middle) Grade Baa3 BBB- BBB- (Lowest) -- - ---- - ------------ --- - Below 51h - loth Tiers "Below Investment Investment Grade" BB, B, CCC, CC, C, D Grade IF DAVENPORT&COMPANY December 10.2024 Financial State of the Citv 3 RatingAgency Commentary Mood 's Report May 202 VIRGINIA g Y rY I Y P Y 3 4 - .. OTY OF BEACH "The credit profile of Virginia Beach, VA (Aaa stable) is sound, and reflects the city's solid economy, anchored by several military bases, and steady tourism." f "Credit Strengths — Sizeable and diverse local economy that benefits from stabilizing institutional presence. — Healthy property wealth levels and above-average growth of taxable base. — Comprehensive financial policies and conservative budgeting practices." r "Credit challenges — Reserve and liquidity levels are below those of similarly rated cities nationwide (as a percentage of revenues). — Some exposure to funding reductions/cuts at the federal level, specifically department of defense." v "The city's financial position is strong and is expected to remain so given strong revenue growth, conservative budgeting and prudent management of expenditures. Reserves have largely increased in line with revenues and the city's operations, net of transfers to the capital fund, have consistently been structurally balanced." Y "Virginia Beach's long-term liabilities are manageable and despite a robust six-year capital improvement program (CIP), are expected to remain so given management's strict adherence to formal debt policies as well as rapid amortization of principal." DAVENPORT&COMPANY Source:Moody's Rating Report published as of May 3rtl,2024. December 10,2024 Financial State of the City 4 CITY O Rating Agency Commentary I S&P Report May 2, 2024 EACH'A r S&P affirmed the City's `AAA' (Stable) credit rating. "The city's large, diverse, high-value property tax base and, what we consider, strong finances, achieving balanced current fund operations, support the rating." The rating reflects S&P's assessment of the following factors for the City of Virginia Beach: — "Affluent, expanding community within the Virginia Beach-Norfolk-Newport News metropolitan statistical area with several ongoing housing; industrial; and commercial projects, supporting our view of a very strong economy; — Very strong management with strong financial-management policies, practices under our Financial Management Assessment (FMA) methodology, with a focus on long-term planning, and very strong Institutional Framework score; — Positive operations expected in fiscal 2023 and projected for fiscal 2024, supporting very strong budgetary flexibility and liquidity; and — Manageable debt and robust roughly $1.7 billion capital-improvement plan that focuses on resiliency and other necessary capital projects--Pension and other postemployment benefit (OPEB) costs remain manageable and do not pressure operations." DAVENPORT&COMPANY Source:S&P Rating Report published as of May 2nd.2024. December 10.2024 Financial State of the City 5 f TV OF Rating Agency Commentary I Fitch Report May 6, 2024 BEACHIA UP ➢ "The City's 'AAA' Issuer Default Rating and GO rating reflects the city 's historically strong operating performance...Fitch's expects Virginia Beach will continue to maintain healthy financial flexibility throughout economic cycles." ➢ "Demographic and economic trend metrics are considered 'strong' by Fitch, as demonstrated by a low unemployment rate relative to the national average, high level of educational attainment and median household income levels." ➢ "The ratings also incorporate the city's relatively stable revenue and population trends and midrange long- term liability burden." ➢ "The ratings additionally reflect the application of one positive analytical factor that recognizes the city's role as the center of an important and growing MSA in the Commonwealth of Virginia that makes a notable contribution to the national economy." ➢ "Factors that Could, Individually or Collectively, Lead to Negative Rating Action/Downgrade — An approximate 40% increase in longterm liabilities without a commensurate growth in personal income or governmental resources. — Although not expected, a sustained decline in available general fund balance below 7.5%of spending would reduce the city's financial resilience assessment to 'aa' from 'aaa'. — A material erosion of the city's demographic and economic trends and levels prospects." DAVENPORT&COMPANY Source:Fitch Rating Report published as of May 611,2024. December 10.2024 Financial State of the City 6 Financial Management Summary Y�,F VIRGINIA -�.� BEACH ➢ The City has experienced multiple years of strong financial results driven by the health, stability, and growth of the national and regional economy. ➢ General fund revenues have grown roughly 5.0% annually, on average, over the last six fiscal years (FY 2019 - FY 2024M). ➢ General fund expenditures have grown roughly 4.7% annually, on average, over the last six fiscal years (FY 2019 - FY 2024(1)). ➢ The City's Unassigned Fund Balance continues to be in compliance with the City's Adopted Financial Policies. ➢ As the national economic outlook continues to evolve, it will continue to be integral to maintain structural balance (i.e. recurring revenues meeting/ exceeding recurring expenditures). DAVENPORT&COMPANY (1)FY 2024 estimates reflects draft audited financials.Preliminary,subject to change. December 10.2024 Financial State of the City 7 It 1Wft, CITY OF Unassigned Fund Balance - Financial Policy Compliance VIRGINIA BEACH Unassigned Fund Balance Policy ➢ Following the Government Finance Officers Association recommendation that general purpose governments maintain Unassigned Fund Balance in their General Fund of no less than 5% to 15% of regular General Fund operating revenues, the Cityshall maintain an Unassigned Fund Balance of 8% to 12% of the followin9year's projected revenues. This level equates to approximately one month of operating expenses. 16.0% Unassigned FB FY 2024 ($) Figure: 14.0% _$186 million(l) 12.0% 10.0% 8.0% Unassigned as a %of Revenues —Reserve Policy- Lower Bound (8%) 6.0% Reserve Policy- Upper Bound (12%) 4.0% 2.0% 0.0% 2019 2020 2021 2022 2023 2024 Draft Audited Audited Audited Audited Audited Audit' Source:Historical City Audits and Budgets. DAVENPORT&COMPANY (1)FY 2024 estimates reflects draft audited financials.Preliminary,subject to change. December 10.2024 Financial State of the City 8 OF Peer Comparative — Unassigned Fund Balance vs. Revenue A VIYRGINIA BEACH Unassigned Fund Balance vs. Revenues Williamsburg(Aa1/AAA/NR) Portsmouth(Aa2/AA+/AA-) Suffolk(Aaa/AAA/AAA) Poquoson(Aa2/AAA/NR) Hampton(Aa1/AA+/AA) Newport News(Aa1/AA+/NR) Norfolk(Aa2/AAA/AA+) 8.1% Chesapeake(Aaa/AAA/AAA) 8.0% Hampton Roads Cities Median Virginia Beach' 12.6% ��i 0% 5% 10% 15% 20% 25% 30% Source:Respective City 2023 Audits.(1)FY 2024 estimate.Preliminary,subject to change. Note:Revenues comprise of General Fund Revenues plus School Fund Revenues(excluding Transfers from the General Fund). DAVENPORT&COMPANY Credit Rating Key:(Moody's/S&P/Fitch) December 10.2024 Financial State of the Citv 9 Tax-Supported Debt Profile BEACHIA -�►..� a E Ac H As of FY 2025 (July 1, 2024), the City had roughly $1.1 billion of Tax-Supported debt outstanding (including $118 million of Flood Protection Program debt). All of the City's outstanding debt is fixed-rate. The City's 10-year Payout Ratio is approximately 68%. $160.0 $140.0 $120.0 $100.0 $80.0 $60.0 $40.0 $20.0 LOCO I` 00 17) O rl N co d LO CO I- 00 O O N C0 d N N N N N M M M M M co co M co c 0 It � It � �1 O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N ■ Principal O Interest DAVENPORT&COMPANY Source:Davenport Debt Model December 10.2024 Financial State of the City 10 CTY OF VIRGINIA Debt Management Financial Policies - ..� BEACH r The City has several Debt Management Financial Policies which were most recently updated in the early part of calendar year 2023. r These policies are summarized below: ' • Policy Net Debt to Assessed Real Estate Value Not to exceed 3.0%. Debt Service to General Government Not to exceed 10.0%. Expenditures Fixed Costs to General Government Not to exceed 20.0%. Expenditures 10-Year Payout Ratio Remain above 50%. DAVENPORT&COMPANY December 10,2024 Financial State of the City 11 CITY OF Debt Capacity I Issuance Assumptions NMI VIRGINIA -�•� BEACH ➢ The table below highlights the estimated amount and timing of debt for the City's three (3) tax-supported borrowing programs in support of the City's CIP over the next six fiscal years. The debt issuances translate into debt service payments which affect the City's operating budget. y The issuance schedule is directly affected by the City's cash flow spending to fund approved CIP projects. The estimated schedule was developed in concert with City Finance & Budget Staff using historical results and future projections. FY Charter PFRB Flood Total 2025 $ - $ - $ - $ - 2026 120,820,635 121,239,294 150,970,927 393,030,856 2027 - - - - 2028 175,820,635 176,239,294 298,529,073 650,589,002 2029 - - - - 2030 145,820,635 186,239,294 - 332,059,929 2031 - - - - Total $ 442,461,905 $ 483,717,882 $ 449,500,000 $ 1,375,679,787 DAVENPORT&COMPANY December 10.2024 Financial State of the City 12 CITY OF Debt Capacity I Financial Policy Projections ; , BEACH VIRGINIA Debt vs. Assessed Value Debt Service vs. Budget 3.5% 12.0% 3.0% 10.0% 2.5% 8.0% 2.0% 6.0% 1.5% 4.0% 1.0% 2.0% 0.5% 0.0% 0.0% 2025 2026 2027 2028 2029 2030 2031 2032 2025 2026 2027 2028 2029 2030 2031 2032 Existing Tax-Supported Debt vs.AV Projected Charter Debt vs.AV 1101111111111111111 Existing Tax-Supported DS vs.Budget Projected Charter DS vs.Budget Projected PFRB DS vs.Budget Projected Flood DS vs.Budget Projected PFRB Debt vs.AV Projected Flood Debt vs.AV Debt Service Policy Limit(SO%) -Debt Policy Limit(3.0%) Note:Assessed Value is assumed to grow annually at 3.0%. Note:Budget is assumed to grow annually at 3.0%. DAVENPORT&COMPANY Estimated results are preliminary,subject to change. December 10.2024 Financial State of the City 13 CITY OF Debt Capacity I Financial Policy Projections (cont.) VIRGINIA BEACH Fixed Costs Ratio Payout Ratio 25.0% 100.0% 90.0% 20.0% 80.0% 70.0% 15.0% 60.0% 50.0% 10.0% 40.0% 5.0% 30.0% 1 0 ; ; : : : : 20.0% 0.0% 10.0% 2025 2026 2027 2028 2029 2030 2031 2032 0.0% Existing Tax-Supported DS 0 Projected Pension Cost 2025 2026 2027 2028 2029 2030 2031 2032 Projected OPEB Cost MEM Projected Charter DS Existing 10 Year Projected 10 Year Payout Ratio Mill Projected PFRB DS Projected Flood DS Payout Ratio -Fixed Costs Policy Limit(20%) -Minimum 10 Year Payout Ratio(50%) Note:Budget is assumed to grow annually at 3.0%.Pension and OPEB Expenses are assumed to grow annually at 3.5%. DAVENPORT&COMPANY Estimated results are preliminary,subject to change. December 10.2024 Financial State of the City 14 Y OF Concluding Observations BEA VIRGINIA -�� BEACH ➢ The City's financial standing is very strong as described by the independent credit rating agencies. ➢ The City is in the process of undertaking a generational amount of capital investment as evidenced by the Flood Protection Program as well as capital projects affected by inflationary pressures. ➢ Based on current assumptions, the City has additional debt capacity (as measured against the City's adopted Debt Management Financial Policies), however, the repayment of the incremental additional debt (i.e. debt affordability) will need to be pro-actively addressed during the annual budget process. ➢ A key component of maintaining the strength and sustainability of the City's finances while undertaking its capital program will be revenue growth commensurate with, at a minimum, debt service and expenditures. ➢ Davenport, in concert with the City's Senior Administration, will continue to monitor and evaluate the City's debt capacity and debt affordability as City Council determines its capital funding priorities. DAVENPORT&COMPANY December 10,2024 Financial State of the City 15 Next Steps BEACHIA �� BEACH Timing Action Tuesday, December 10, 2024 - Davenport to present Financial State of the City briefing to City Council. Balance of 2024 ' City Council to provide feedback and request any supplemental additional information from City Staff and Davenport. January, 2025 ' City Council to evaluate capital funding priorities and goals in anticipation of the FY 2026 Budget and Capital Improvement Program process. Spring, 2025 ' Davenport to analyze additional capital funding scenarios based on direction received from City Council and Senior City Leadership (as required). DAVENPORT&COMPANY December 10.2024 Financial State of the City 16 vsCITY OF - I VIRGINIA 13EACH Appendix City of Virginia Beach, Virginia DAVENPORT&COMPANY December 10,2024 Financial State of the City 17 Key Drivers to a Credit Rating BEACH'A -�.� BEACH ■ Revenue & Expenditure ■ Demographic Characteristics structure and patterns ■ Tax Base ■ Annual Operating & Budgetary ■ Industry Mix & Composition performance ■ Local and Regional ■ Financial flexibility/Fund Growth patterns Balance position ■ Long-Term Financial Plan Fitch = i i% 1 1 [Moody's • i ■ Financial Forecasting ■ Nature of the pledged and management security & debt structure ■ Consistent and prudent ■ Balance between budgeting practices accelerated debt issuance and ■ Range and growth of services under-investment in capital provided in relation to facilities capacity to provide services ■ Debt Burden measured against: ■ Adherence to long-range financial Tax Base & Total Budget planning and policies DAVENPORT&COMPANY Note:Ws are from Moody's updated methodology November 2022/S&P updated methodology September 2024/Fitch updated methodology April 2024. December 10.2024 Financial State of the City 18 CITY Disclaimer �� VI VIRGINIA - •� BEACH The U.S. Securities and Exchange Commission (the "SEC") has clarified that a broker, dealer or municipal securities dealer engaging in municipal advisory activities outside the scope of underwriting a particular issuance of municipal securities should be subject to municipal advisor registration. Davenport & Company LLC ("Davenport") has registered as a municipal advisor with the SEC. As a registered municipal advisor Davenport may provide advice to a municipal entity or obligated person. An obligated person is an entity other than a municipal entity,such as a not for profit corporation,that has commenced an application or negotiation with an entity to issue municipal securities on its behalf and for which it will provide support. If and when an issuer engages Davenport to provide financial advisory or consultant services with respect to the issuance of municipal securities, Davenport is obligated to evidence such a financial advisory relationship with a written agreement. When acting as a registered municipal advisor Davenport is a fiduciary required by federal law to act in the best interest of a municipal entity without regard to its own financial or other interests. Davenport is not a fiduciary when it acts as a registered investment advisor, when advising an obligated person, or when acting as an underwriter, though it is required to deal fairly with such persons, This material was prepared by public finance, or other non-research personnel of Davenport. This material was not produced by a research analyst, although it may refer to a Davenport research analyst or research report. Unless otherwise indicated, these views(if any)are the author's and may differ from those of the Davenport fixed income or research department or others in the firm. Davenport may perform or seek to perform financial advisory services for the issuers of the securities and instruments mentioned herein. This material has been prepared for information purposes only and is not a solicitation of any offer to buy or sell any security/instrument or to participate in any trading strategy. Any such offer would be made only after a prospective participant had completed its own independent investigation of the securities, instruments or transactions and received all information it required to make its own investment decision,including,where applicable,a review of any offering circular or memorandum describing such security or instrument. That information would contain material information not contained herein and to which prospective participants are referred. This material is based on public information as of the specified date, and may be stale thereafter. We have no obligation to tell you when information herein may change. We make no representation or warranty with respect to the completeness of this material. Davenport has no obligation to continue to publish information on the securities/instruments mentioned herein. Recipients are required to comply with any legal or contractual restrictions on their purchase, holding,sale,exercise of rights or performance of obligations under any securities/instruments transaction. The securities/instruments discussed in this material may not be suitable for all investors or issuers. Recipients should seek independent financial advice prior to making any investment decision based on this material. This material does not provide individually tailored investment advice or offer tax, regulatory, accounting or legal advice. Prior to entering into any proposed transaction, recipients should determine, in consultation with their own investment, legal,tax, regulatory and accounting advisors, the economic risks and merits, as well as the legal,tax, regulatory and accounting characteristics and consequences,of the transaction. You should consider this material as only a single factor in making an investment decision. The value of and income from investments and the cost of borrowing may vary because of changes in interest rates, foreign exchange rates, default rates, prepayment rates, securities/instruments prices, market indexes, operational or financial conditions or companies or other factors. There may be time limitations on the exercise of options or other rights in securities/instruments transactions. Past performance is not necessarily a guide to future performance and estimates of future performance are based on assumptions that may not be realized. Actual events may differ from those assumed and changes to any assumptions may have a material impact on any projections or estimates. Other events not taken into account may occur and may significantly affect the projections or estimates. Certain assumptions may have been made for modeling purposes or to simplify the presentation and/or calculation of any projections or estimates,and Davenport does not represent that any such assumptions will reflect actual future events. Accordingly,there can be no assurance that estimated returns or projections will be realized or that actual returns or performance results will not materially differ from those estimated herein. This material may not be sold or redistributed without the prior written consent of Davenport. Version 01.01.2024 HP I AS I KL I DR DAVENPORT&COMPANY December 10.2024 Financial State of the City 19 5 CITY COUNCILS BRIEFINGS CAPITAL IMPROVEMENT PROGRAM(CIP)RETREAT PRE-BRIEFING(BUILDINGS&ASSETS) ITEM#76452 3:24 P.M. Mayor Dyer welcomed Brian Delfenthal, Facilities Administrator — Public Works. Mr. Delfenthal expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Mr.Delfenthal for the presentation. December 10, 2024 S e .Y In ti Building and Assets CIP Pre-Retreat Brief for City Council Brian C. Delfenthal, Facilities Administrator December 10, 2024 CITY OF VIRGINIA ,•�•..,� BEACH 1 CIP Section Overview FY 2024-25 Adopted CIP - 39 projects totaling 483.37 million including appropriations g $ g app riations to p -; date. Funding Sources: General Fund -- Fire Grant Funds { • Tourism Advertising Program • Tourism Investment Program • Federal Contributions, including the American Rescue Plan Act (ARPA) Medicaid Cost Settlement 0 Private Contribution • SPSA Reimbursement p2 VB Project Number/Name District Year of Status ATD FY26 FY27-30 ,�" Origin 100047: Facilities Access Systems Citywide 2019-20 Ongoing 1,950,000 425,000 1,700,000 4,075,000 0 100165: Energy Performance Citywide 2019-20 Ongoing 3,300,000 550,000 2,200,000 6,050,000 0 Contracts—Phase II 100168: Euclid Yard Facility Pending Replacement 4 2019-20 Funds 0 0 14,532,300 14,532,300 0 100170: Facilities Planning Citywide 2018-19 Ongoing 1,620,467 500,000 1,000,000 3,120,467 1,500,000 Services 100175: Fire Apparatus— Phase Citywide 2018-19 Ongoing 22,933,475 2,265,975 9,063,900 34,263,350 19,520,026 IV ,. . Project Number/Name District Year Status FY27-30 Total of Origin 100176: Fire Facility Rehab & Citywide 2011-12 Ongoing 8,309,731 1,000,000 4,000,000 13,309,731 280,000 Renewal—Phase III 100203: Heritage Building Citywide 2018-19 Ongoing 3,375,000 300,000 1,200,000 4,875,000 440,000 Maintenance Phase II 100437: VA Aquarium Building 6 2019-20 Ongoing 8,607,240 1,434,540 5,738,160 15,779,940 0 Systems & Facility 100463: Virginia Aquarium 6 2018-19 Ongoing 4,271,019 600,000 2,400,000 7,271,019 0 Renew & Replace—Phase II 100445: VAR BLDGS HVAC Rehab Citywide 2018-19 Ongoing 17,500,000 2,500,000 10,000,000 30,000,000 0 & Renewal—Phase IV 100446: VAR BLDGS Rehab& Citywide 2018-19 Ongoing 29,904,656 3,800,000 15,200,000 48,904,656 0 Renewal—Phase IV Yearim Project Number/Name District Status TD FY26 llFY'171 -3ff Total BTC of Origin , 0 100225: Judicial Center 2 2016-17 Ongoing 2,244,372 70,000 280,000 2,594,372 0 Maintenance 100291: Operations Facilities 2 2020-21 Construction 93,081,844 0 0 93,081,844 0 Renovations 100325: Public Safety Equipment Citywide 2014-15 Ongoing 12,535,572 1,450,000 5,800,000 19,785,572 0 Replacement 100503: Judicial Center Escalator Citywide 2017-18 Construction 10,614,900 0 0 10,614,900 0 Replacement 100392: City Security Citywide 2020-21 Ongoing 3,729,818 500,000 2,000,000 6,229,818 0 Enhancements 100678: Library Automated Citywide 2024-25 Pending Funds 0 3,119,950 0 3,119,950 0 Materials Handler System ofOrPFDistrict roject Number/Name Status FY27-30 of By 100614: Leroy Rd. Impound Lot 2 2022-23 Construction 1,443,700 0 0 1,443,700 0 Remedial Action 100608: Virginia Aquarium Animal Holding Facility 6 2022-23 Construction 4,321,715 0 0 4,321,715 0 Renovation* 100535: Corrections Center- 2 2020-21 Pending Funds 0 0 14,198,889 14,198,889 2,635,954 Renewal and Replacement 100260: Beach Maintenance Study 6 2017-18 250,529 0 0 250,529 20,449,471 Facility Complete 100651: Court Modernization 2 2023-24 In Progress 350,000 0 0 350,000 0 Study 100653: Housing Resource Center 4 2024-25 Construction 3,525,950 0 0 3,525,950 0 Renovations General Fund Projects ( 5/5 ) Project Number/Nam District Statu ATD FY26 FY27 30 �' of Origin VS 100655: Law Enforcement Study Training Academy 6 2023-24 350,000 0 0 350,000 31,382,902 Complete Replacement 100675: Central Plant Loop 2 2020 Design 12,007,627 11,979,181 0 23,986,808 5,825,844 Replacement 100652: Mounted Police Pending 2 2023-24 Funds 0 240,000 2,000,000 2,240,000 3,076,440 Maintenance and Repair Total: - - - $246,227,615 $30,734,646 $91,313,249 $368,275,510 $85,110,637 6. Project Number/Nam District Statu , ATD FY26 FY27-30 '` Tota BTC ... of Origi 100670: Voter Registrar Facility General Fund+American 3 2023-24 Design 17,250,000 0 0 17,250,000 0 Rescue Plan Act(ARPA) 100676: Mosquito 2 0 0 Control Replacement 2024-25 Design 262,500 3,891,776 4,154,276 Stormwater Lockbox 100681: Stormwater Operations Center 2 0 0 Required 2024-25 Funding 3,000,000 3,000,000 22,841,110 $3M in Federal Contributions 100536: Creeds Training Center Renovations 2 2020-21 Bid 13,632,126 0 0 13,632,126 0 General Fund+ Federal Contributions YearIV Project Number/Name District Status ATD FY26 FY27-3Q Total B of Origin 100138: Convention Center Capital Maintenance Tourism investment Program 6 2012-13 Ongoing 14,025,549 3,600,000 3,393,060 21,018,609 38,685,722 (TIP) 100178: Fire Training Center Improvements Phase IV 5 2018-19 Ongoing 3,455,751 300,000 1,200,000 4,955,751 0 Fire Programs Fund—Aid to Locality (ATL) 100224: Intermediate Care Facility REN/REP - Phase 1 Citywide 2011-12 Ongoing 1,549,776 0 482,508 2,032,284 0 Medicaid Cost Settlement 100677: Waste Management Facility Replacement 8 2024-25 Design 294,040 1,968,205 0 2,262,245 0 Waste Management Enterprise Fund 100233: Landfill #2 - Phase 1 Capping 7 1999-00 Ongoing 21,677,000 0 0 21,677,000 0 General Fund+ SPSA Reimbursement Total - - - $75,146,742 $9,759,981 $5,075,568 $89,982,291 $61,526,832 of Origin Project Number/Name District ea Statu ATD FY2 FY27-30 Total BTC ` 100588: Recreation Center HVAC/Replacement/Repair - Citywide 2021 Construction 4,400,000 0 0 4,400,000 0 ARPA 100589: Central Utility Plant 2 2021 Construction 4,750,000 0 0 4,750,000 0 Enhancements -ARPA 100590: Courts Building Direct 2 2021 Construction 3,966,254 0 0 3,966,254 0 Digital Control ARPA 100591: Parks and Rec. Construction Yard Relocation 2 2021 Construction 12,451,244 0 0 12,451,244 0 ARPA Total: - - - $25,567,498 0 0 $25,567,498 $0 Next : Projects with Flexibility� - i 11 V Ir Project Number/Name Funding Source Loca 7,2,6W,. FY27-30 Total . BTC ATD 100260: Beach Maintenance Facility General Fund 250,529 0 0 250,529 20,449,471 100675: Central Plant Loop General Fund 12,007,627 11,979,181 0 23„986,808 5,825,844 Replacement 100678: Library Automated Material General Fund 0 3,119,950 0 3,119,950 0 Handling System Replacement 100676: Mosquito Control General Fund— 262,500 3,891,776 0 4,154,276 0 Replacement Stormwater Lockbox 100677: Waste Management Facility Waste Management 294,040 1,968,205 0 2,262,245 0 Replacement Enterprise Fund 100535: Corrections Center Renewal General Fund 0 0 14,198,889 14,198,889 2,635,954 and Replacement Project Number/Name Funding Source ATD FY26 FY27-30 Tot 100168: Euclid Yard Facility General Fund 0 0 14,532,300 14,532,300 TB Replacement D 100681: Stormwater Operations Federally Funded 0 0 0 3,000,000 TBD Center 100164: Leroy Rd Impound Lot General Fund 1,443,700 0 0 1,443,700 0 Remediation 100652: Mounted Police Maintenance General Fund 0 240,000 2,000,000 2,240,000 3,076,440 and Repair 100165: Energy Performance General Fund 3,300,000 550,000 2,200,000 6,050,000 0 Contracts - Phase II 100170: Facilities Planning Services General Fund 1,620,467 500,000 1,000,000 3,120,467 1,500,000 Total: - $19,178,863 $22,249,112 $33,931,189 $75,359,164 $33,487,709 100260 : Beach Maintenance Facility } Project to study resolutions for the existing 40+ year old Beach Maintenance Facility, completed by Kimley Horn in August 2024. k • Current facility, located at 1401 Parks Avenue, has exceeded its useful life and provides challenges for adjacent residents and City programs accessing and maintaining the resort area. .• tR q Program study provides (4) options for complete or partial relocation, requiring land acquisition up to 11.9 acres and 59,908 square feet of e facility. F Presentation forthcoming to share results of study and determine a path forward. Will need future funding. p14 �B 100675 : Central Plant LoopReplacement $29,812,652 was appropriated in FY24 and FY25 to replace the 6 mile, 4 0 3 ._. pipe hot and chilled water distribution system providing HVAC to the Virginia d rl Beach Municipal Center. • Project will be done in two phases: preparatory valve replacements in Phase I and pipe replacements in Phase II. ... + : too --- - Phase I design is complete, will advertise January 2025 with a construction start date in March 2025. Anticipate Phase I completion in December 2025. • Phase II design will begin in January 2025, and advertise for construction in April of 2025. Anticipate Phase II completion in December 2026. In FY24/25, $5,825,844 was transferred to CIP 100291 to complete renovation of Building 33. Balance to complete is $5,825,844. p15 100678 : Library Automated Material Handling System Replacement • $3,119,950 in local funding is programmed for FY2025-26 to replace the expiring automated material handling system, a critical material reception and distribution system in Virginia Beach's 7 Public Libraries. Design pending availability of funds in FY2025-26. P •i + i.Uk p 16 100676 : Mosquito Control Replacement ll� • $4.154M in local funding was appropriated in FY24 ($262,500 design) and FY25 ($3,891,776 construction) to replace expired Public i . Works/Mosquito Control buildings with a consolidated multi-use facility. Design is awarded to VIA Design Architects, to be completed in July g 2025. Solicitation for construction bids anticipated in September of 2025. x • Facilities anticipates award for construction in April of 2026. • Project completion date to be determined, pending information from y design. p17 VB 100677 : Waste Management Facility Replacement • $294,040 was appropriated in FY2024-25 for design and $1,968,205 is programmed for FY2025-26 for construction to replace the expired ra modular Waste Management Administrative Building. "V L* • Design is awarded to HBA, to be completed in March 2025. • Public solicitation for construction is anticipated in May 2025. • Facilities anticipates award for construction in November 2025. Project completion date to be determined, pending information from design. p18 VB 100535 : Corrections Center Renewal and Replacement 0 $14,198,889 total is programmed - $1,122,442 in FY2027-28 and $13,076, 447 in FY2028-29 to address capital revitalization needs at the .� W, Virginia Beach Corrections Center. y�. s _ The Corrections Center is comprised of (3) wings, constructed in 1979, ° .y 1994, and 2005. This CIP targets critical systems that have reached the end of their useful life, primarily plumbing, mechanical, and electrical systems in the 1979 wing. r • Facilities aims to initiate a comprehensive program assessment in FY25 to guide sustainability and master planning of the Virginia Beach Corrections Center, with respect to overall Municipal Campus planning. J T 1, P19 VAI 100168 : Euclid Yard Replacement 00" u $14,532,300 programmed - FY27 ($1,500,00) and FY28 ($13,032,300) to replace the expired multi-use structures and fuel site at the Euclid Maintenance Yard. R,4 Previously a VDOT property, the City acquired the site and ° t ° original 1950's buildings in 1963 during the Princess Anne County/Town of Virginia Beach merger. Ik y Having received only cosmetic and minor renovations since acquisition, .;�„ •� :�, ns . these structures have exceeded their useful life. 1 Program study and design is pending availability of funds in FY28. p20 VB i 100681 : Stormwater Operations Center A_ Project appeared in FY25 with $3,000,000 in federal contributions from _ the 2024 Congressionally directed Spending Bill, to design and construct °�; " a new Stormwater Operations Facility focused on development and central management of city-wide critical stormwater resiliency , - - infrastructure. ' - An internal program study completed in summer of 2024 provides Ali drawings on how a 30,000 square foot facility could fit into the existing Landstown Public Works/Operations property. Facility will offset expired modular and 1960's era buildings. Future funding requirements are yet to be determined. p21 100164 : LeroyRd . Impound Lot Remediation • Project was created in FY22 to remediate the 3.6-acre small arms training site, operated by the City since 1972. I • Soil investigations began in 2014, and groundwater monitoring wells were installed in 2017. {p Project includes soil removal and encapsulation, and post-remediation installment of a gravel impound lot. • Final Certificate of Satisfactory Completion of Remediation has been prepared and submitted to the Department of Environmental Quality, and the project has been submitted to the City of Virginia Beach Development Services Center. p22 V6 u 100652 : Mounted Police Maintenance and Repair • $2,240,000 in local funds are programmed for FY26 ($240,000 design) and FY27 ($2,000,000 construction) for recapitalization of the Virginia Beach Police Department, Mounted Patrol Farm on Indian River Road. • Project focuses on electrical, roof, and HVAC system replacements, as well as renovation of administrative spaces. x Program study and design is pending availability of funds in FY26. t Y�k p23 :t 100165 : Energy Performance Contracts - Phase 11 • Project began its second phase in FY19 with focus on reduction of the City's energy consumption and net-positive recapitalization of energy using infrastructure. V • Project enables lighting and HVAC upgrades, design and installation of technology driven lighting and daylight harvesting systems, and direct digital HVAC controls and variable frequency drives. F ,r • Project also provides for auditing existing energy accounts and negotiation and development of peak-demand utility saving programs. I I Wil- • Project is a Program CIP , with $550,000 in annual funding until FY30. I .... _u _... p24 �„ 100170 : Facilities Planning Services ► Project appeared in FY18 to enable planning and development of the BUSINESS PLAN City's Facility inventory. • Project is a "Program CIP", with $500,000 in FY26, funds and $250,000 annually until FY30. IIIII ��+ Facilities has requested $1,500,000 in additional funds in FY26 to support City-wide program study and master planning. lose CERTIFICATE • This CIP is the primary tool for studies and analyses that drive the Building and Assets CIP section development. • p25 Next : Existing Needs and New FY26-31 Requests 1 � Project Requests for the moos SURE it '1 '' FY26-31 Building and Assets �- CIP are presented here for informational purposes only, be considered as formal ' � requests for adoption by City Council. Final requests will be ` A[lFORN/A / /AK;�N�� r, ": � � presented at the conclusion . � of the FY26 31 CIP +;,max';j- , development process. p26 VB • . Alk Ah . • • Project Num er ame rogrammed FY26-31 Balance to Complet „„ 100675: Central Plant Loop Replacement $23,986,808 $5,825,844 100260: Beach Maintenance Facility $0 $20,449,471 100170: Facilities Planning Services $2,000,000 $1,500,000 100203: Heritage Building Maintenance II $1,800,000 $440,000 100535: Corrections Center Renewal and Replacement $14,198,889 $2,625,954 100652: Mounted Police Maintenance and Repair $2,240,000 $258,000 100176: Fire Facility Rehabilitation and Renewal III $6,000,000 $1,680,000 100655: Law Enforcement Training Academy $0 $84,000,000 100175: Fire Apparatus $9,063,900 $19,520,026 $59,289,597 $136,299,295 Building 29 Renovation $4,607,309 New Project Requests Fleet Mgmt. Light Duty Garage $5,752,000 Aquarium Shark, Turtle, and Seal Habitats $78,000,000 Dam Neck Ops Facility Upgrades $250,000 Corrections Center Inmate Kitchen Equipment Replacement Study $360,000 Corrections Center Relocation Study $500,000 Project Nu a VIEW Baffle and Lighting Replacement at Central Library $2,959,282 Animal Services Bureau Renovation $480,100 Corrections Center Real-Time Asset Tracking $8,040,000 City Fleet EV Charging Stations $3,605,000 Maintenance and Upgrades for Six Library Locations $1,298,294 Building 23 Kitchen and Restroom Renovation $750,000 Holland Road Complex Renovation —VBSO K9 Facility $1,020,000 Library Facilities Visioning Plan —M.E.O Central Library $1,860,000 Fire and EMS Apparatus Storage $17,415,610 Library Facilities Visioning Plan —Kempsville Area Library $2,885,219 Library Facilities Visioning Plan—Windsor Woods Area Expansion $2,423,558 Total New Project Requests: $132,206,372 Total Existing/Above Target+ New Projects: $268,505,667 Section Challenges • Program CIP capacity. • The City's facility inventory has increased by 600,000 square ft. since 2019, now 11200 structures and 6,000,000 square ft. under roof. • As the inventory grows, major capital work is deferred while CIPs cover operational shortfalls for additional and aging inventory. 30 VB Thank You . Questions? vsCITY OF VIRGINIA ��,� BEACH 31 6 CITY COUNCIL'S BRIEFINGS CAPITAL IMPROVEMENT PROGRAM(CIP)RETREAT PRE-BRIEFING RETREAT FACILITATOR ITEM#76453 3:53 P.M. Mayor Dyer welcomed Julie Brenman, Chief Operating Officer—Fountainworks and Kevin Chatellier, Director—Budget. Mr. Chatellier expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Ms.Brenman and Mr. Chatellier for the presentation. December 10, 2024 fountain VIRGINIA r i �^ # r —4101m BEACH w__ F ,• ,.. .,...--__,V..._...«_,....Y._ .��T 'x ,w V�i � �� ram. #iR1,M7# m.x.. .51 � NMbxf s W. t r �{� r. Objectives r • Understand Council CIP priorities for the future of Virginia Beach • Develop an actionable plan to guide City staff in budgeting the CIP Develop a shared understanding of what City it t prioritize i . o w r council as a body wants o pr or ze n the CIP F , ,a budget tie i54 _ 4l • D'V rI't y You • C AI e & c 1. 4 c J ef • Three ta e Process • Council Councilmember Two-Day Briefings Interviews Retreat Am ,, r u,M.t a b f � Structure • One briefing for each of the 6 CIP sections Goal O • Understand the projects in each CIP section • Understand why CIP is Council structured the way it is C, 2 Structure • Individual Members with Fountainworks • -45 minutes Goal %7 • Understand individual CounciImembers' CIP priorities Councilmernber Interviews 2 . Sample Interview Questions • City-wide, what project is the most important to you? JI • Is there a project very important to your district? • What project do you prioritize in each focus area? • Are there any projects or sections of the CIP you prioritize lower. • Are there projects that are no longer priorities? Councilmernber Do you have any questions about the CIP? Interviews • Council Governance reflections ef W Structure 3 Mayor & City Council • Budget Director & select senior staff Activities • Review staff project criteria Develop Council shared guiding principles • Articulate highest priority projects Goal • Staff have a good understanding of: Two-Day o Roughly how to budget the CIP CIP _ o Council's priorities • Council Governance , Jan 27-28, - _ 1 �z 4 Fa^P Thankyou! t 7 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#76454 4:00 P.M. Council Member Remick advised the plans for the Museum of Contemporary Art(MOCA) to move to Virginia Wesleyan University(VWU)is progressing with construction of their new building due to be complete in the next twelve (12) to fourteen (14) months. Council Member Remick advised MOCA is currently in a City-owned building, which was included in the area the Master Land Use Study addressed, and he has received feedback from constituents who are interested in the site when it becomes available next year at about this same time. Council Member Remick advised he would like to start the process necessary to ensure the building is ready to be occupied by someone else when it is available to avoid it being vacant. Vice Mayor Wilson advised a Request for Ideas and Information(RFII)has been issued in the past to see who is interested in proposed property. Vice Mayor Wilson advised it takes time to prepare an RFII and recommended issuing it to consider responses as she has also heard from interested organizations and believes there are others the Body may not be aware of who should be considered. Vice Mayor Wilson believes the building and surrounding property is beautiful and in a great location and believes it should be used for something special. City Manager Duhaney advised his staff has been collecting information from interested parties and will provide the Body a briefing during the first calendar quarter with a drafted RFII for the Body to review as part of the briefing to allow him to gather any changes the Body may have prior to releasing the RFII. Council Member Ross-Hammond expressed maintenance concerns for the building and asked City Manager Duhaney if he is looking into that. City Manager Duhaney advised he has not considered maintenance at this point since the Body has not determined if the City will keep the building and added the building is currently maintained at a museum standard. Council Member Berlucchi expressed his appreciation for this discussion and believes it is important for the Body to move forward quickly with the necessary preparations and is hopeful to have a briefing as soon as possible. Council Member Berlucchi advised the feedback he has received is the desire that the property remains a cultural or educational asset, but he is open to all ideas within that framework. City Manager Duhaney advised he will schedule the briefing for the Body between January and February. December 10, 2024 8 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#76455 (Continued) Council Member Wooten advised she will host a District 7 Town Hall on December 12'4 at 6:30 P.M., at Tallwood High School and will provide updates on Level Green Park and other District 7 related topics. December 10, 2024 9 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#76456 (Continued) Council Member Berlucchi advised the Human Rights Commission (HRC) will host their annual HRC Awards Ceremony on December 12`h at 6:00 P.M., at the Convention Center, to honor those who work to promote human rights. Council Member Berlucchi advised it is open to the public and invited anyone interested to attend. December 10, 2024 10 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#7645 7 (Continued) Council Member Ross-Hammond advised she recently attended a meeting at the Seatack Recreation Center and wanted to share the good work staff is doing. Council Member Ross-Hammond advised there will be a "Casino Royale" event for seniors tomorrow night which was organized by staff who held fundraising events in order to provide this for seniors. December 10, 2024 11 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#76458 (Continued) Mayor Dyer advised at 2:00 P.M. on January 7, 2025, the swearing in ceremony will be held for Council Members Elect Stacy Cummings and Calvern Jackson-Green,followed with the election of the Vice Mayor and a reception. Mayor Dyer advised the Formal Session will begin following the reception. Mayor Dyer advised as the Body closes out the year he wanted to express his appreciation to the Body, staff and residents for recent accolades the City received. Mayor Dyer shared the City is ranked by Wallethub as the #1 Caring City which is due in part to its 11,000 volunteers and neighbors helping neighbors. Mayor Dyer added the City is also ranked#5 Best Places for Veterans to Live and#22 Best- Run Cities in America and believes the future is bright. December 10, 2024 12 AGENDA REVIEW SESSION ITEM#76459 4:12 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Ordinance to DISSOLVE the In House Pharmacy Exploratory Committee(Requested by the City Council) 2. Ordinance to DISSOLVE the Urban Agriculture Advisory Committee (Requested by the City Council) 3. Ordinance to AUTHORIZE the acquisition of temporary easements, either by agreement or condemnation re the Violet Bank Trail Project, CIP 100558 4. Ordinance to AUTHORIZE the acquisition ofproperty in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation re the Northampton Boulevard and Baker Road Pedestrian Crossing Improvements Project, CIP 100423.091 5. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Dom Deeds 6. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re My Favorite Charity Events Organization,LLC 7. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Fight CF Foundation 8. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Kaizen Adaptive Training,Inc. 9. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Aid Another 10. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Healing of the Soul Ministry 11. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re STSTLT,Inc. 12. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Alanton Baycliff Recreation Center,Inc 13. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Powerful Living Ministries 14. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Pride Industries December 10, 2024 13 AGENDA REVIEW SESSION ITEM#76459 (Continued) 15. Ordinance to AMEND Chapter 7,Article III of the City Code re seizure,impound,and disposition of an unlawfully operated all-terrain vehicle or off-road motorcycle operated on a highway or sidewalk within the City 16. Ordinance to AMEND the City Code Section 21-230 re traffic calming at Culver Lane 17. Resolution to AUTHORIZE the City Manager to make administrative preparations re Emergency Medical Services compassionate billing program 18. Ordinance to AMEND the 2024 Housing Choice Voucher Administrative Plan and AUTHORIZE the City Manager to execute the amended plan 19. Ordinance to APPROPRIATE$30,531,524 from the FY2023-24 School Reversion Funds to the Virginia Beach City Public Schools FY2024-25 Operating and Capital Improvement Program (CIP)Requested by the School Board(Deferred from November 19, 2024) K. ORDINANCES I RESOL UTIONS: COUNCIL MEMBER REMICK FILED A DISCLOSURE LETTER FOR ITEM#8 ITEM#14 WILL BE CONSIDERED FOR DEFERRAL TO JANUARY 7, 2025 December 10, 2024 14 AGENDA REVIEW SESSION ITEM#76459 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING 1. C& C DEVELOPMENT COMPANY,INC.,for a Variance to Section 4.4(c)(1) of Subdivision Regulations re subdivide the 15,000 square foot site into three (3) lots for the construction of three(3)single family dwelling units at 6502 Atlantic Avenue and 203&205 65`h Street DISTRICT 6 2. TIDEWATER STRUCTURES LLC / MATTHEW R. SCORNAVACCHI for a Change in Nonconformity re expansion of an existing dwelling at 514 9`h Street DISTRICT 5 3. SENTARA VIRGINIA BEACH GENERAL HOSPITAL/SENTARA HOSPITALS for a Change in Nonconformity re replace and reconstruct the existing main entrance sign at 1060 First Colonial Road DISTRICT 6 4. SENTARA INDEPENDENCE /MPB INC.,for a Change in Nonconformity re replace and reconstruct the existing main entrance sign at 800 Independence Boulevard DISTRICT 9 5. GRACE BIBLE CHURCH OF VIRGINIA BEACH,INC.,for a Modification of Conditions to a Conditional Use Permit re reduce the size of the building and parking area, and modify the site layout,for the parcel directly south of 2285 London Bridge Road DISTRICT 5 6. FRANKLIN GROUP COMPANIES, LLC / TAA CORPORATE CENTER OFFICE PROPERTY, LLC, for a Conditional Change of Zoning from B-2 Community Business to Conditional 0-2 Office District and a Conditional Use Permit re housing for seniors& disabled persons and a Variance to Section 4.4(b) of the Subdivision Regulations for a portion of 5366 Virginia Beach Boulevard DISTRICT 4 7. TIFFANY COREY-BROWN/FIRST THURSTON,LLC,for a Conditional Use Permit re day- care center at 5701 Thurston Avenue, Suite 103 DISTRICT 4 8. JD ENTERPRISES VA,LLC DBA ATLANTIC RENTAL HOMES/LEI XUfor a Conditional Use Permit re short term rental at 903 Pacific Avenue, Unit C DISTRICT 5 9. CHARLES YOUNG/CHARLES A YOUNG for a Conditional Use Permit re short term rental at 933 Pacific Avenue, Unit D DISTRICT 5 10. LAKEWOOD HOME BUILDERS/MAH INVESTMENTS,LLC for a Conditional Use Permit re indoor recreation facility at 2000 Virginia Beach Boulevard DISTRICT 6 December 10, 2024 15 AGENDA REVIEW SESSION ITEM#76459 (Continued) L.PLANNING ITEM. ITEM#5 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER REMICK FILED A DISCLOSURE LETTER FOR ITEM#6 *City Council recessed.from 4:19 P.M. — 5:59 P.M. and did not hold Closed Session December 10, 2024 16 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL DECEMBER 10,2024 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday,December 10, 2024, at 6:00 P.M. Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse-Maternity INVOCATION: Reverend Doug Sasser Pastor, Haygood United Methodist Church MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna,and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council,she identifies a matter in which she has a "personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. December 10, 2024 17 Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC, ("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters in which he is not personally involved and has no personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he participates in a matter before the City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is Council Member Remick's practice to thoroughly review the agenda for each meeting of the City Council to identify any matters in which he might have an actual or potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he has a "personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council. December 10, 2024 18 ITEM— VI.G.1 MINUTES ITEM#76460 Upon motion by Council Member Ross-Hammond, seconded by Council Member Schulman, City Council APPROVED the MINUTES of the SPECLIL FORMAL SESSION of November 26,2024 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 19 ITEM— 11I.G.2 MINUTES ITEM#76461 Upon motion by Council Member Ross-Hammond, seconded by Council Member Schulman, City Council APPROVED the MINUTES of the FORMAL SESSION of November 26,2024 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 20 ITEM— VI.G.3 MINUTES ITEM#76462 Upon motion by Council Member Ross-Hammond, seconded by Council Member Schulman, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of December 3,2024 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 21 ITEM— VI.H.1 MAYOR'S PRESENTATION ITEM#76463 RESOLUTION IN RECOGNITION PRINCESS ANNE INDEPENDENT NEWS JOHN-HENRYDOUCETTE Mayor Dyer welcomed John-Henry Doucette and read the Resolution formally honoring him as a distinguished journalist and U.S.Navy veteran who founded The Princess Anne Independent News in 2015 and has provided citizens free access to the biweekly circulation, with over 6,300 copies per edition, while being sustained entirely through advertising revenue. On behalf of City Council,Mayor Dyer commended Mr. Doucette and The Princess Anne Independent News for its extraordinary contributions to journalism, its unwavering dedication to serving the people of Virginia Beach, and its role in fostering an informed and engaged citizenry. Mr. Doucette expressed his appreciation to City Council for this recognition and their continued support over the years. Mr.Doucette advised while the Princess Anne Independent News was limited and imperfect, it was made with love that he is proud of. Mr. Doucette expressed his hope that down the road, a small newspaper will serve as a reminder that challenges are also opportunities to make lives better and meaningful. December 10, 2024 t Cr OUq Nl��/ Y R UOLMON WHEREAS:The Princess Anne Independent News,a community newspaper based in rural Virginia Beach,has faithfully served the communities of Virginia Beach and nearby areas since its inaugural publication on April 24,2015,providing invaluable local news,opinion,and photography about public affairs and community life;and WHEREAS:The Princess Anne Independent News was founded by John-Henry Doucette,a distinguished journalist and U.S. Navy veteran,who established the newspaper through Pungo Publishing Co.,LLC,to address the decline in journalism during the digital age and to elevate the level of local reporting;and WHEREAS:For nearly a decade, The Princess Anne Independent News has maintained a rigorous publishing schedule of twenty-five editions per year and expanded its distribution network to include Kempsville,the Oceanfront and areas of the central city,growing its biweekly circulation from approximately 3,700 to over 6,300 copies per edition,and offering free access to readers while being sustained entirely through advertising revenue;and WHEREAS:The newspaper has pursued a mission of engaging citizens in civic life,community, and culture by delivering news of interest to the people of Virginia Beach,fostering open dialogue,and providing a platform for diverse ideas and perspectives;and WHEREAS:Amid the decline of legacy local media, The Princess Anne Independent News has expanded its public affairs coverage to include critical topics such as local elections,campaign finance, land use,recurrent flooding,and changes to Virginia Beach's voting system,offering in-depth analysis and annual nonpartisan voter guides to inform and empower the electorate;and WHEREAS:The newspaper has been recognized for its commitment to diversity,civic responsibility,freedom of expression, open government,and strong communities,with a particular focus on agriculture and rural life,earning accolades from the Virginia Press Association, Virginia Beach Excellence in Agriculture Committee,and the Virginia Farm Bureau Federation; and WHEREAS:The Princess Anne Independent News has been a collaborative endeavor, with contributors from talented writers, editors,designers,andphotographers,including, Glen Mason,Michael Kennedy,Dr.Karen Beardslee Kwasny,Jim Roberts, Jane Bloodworth Rowe,Dennis Hartig,John Wilson, Charles Apple, Cortney Morse Doucette,Rick Friday,and David B. Hollingsworth, whose collective work has enriched the publication's content and impact;and WHEREAS:In 2022,the newspaper furthered its commitment to community engagement by publishing a book on sustainable farming and gardening,reflecting its deep connection to rural life and stewardship;and WHEREAS:After nearly a decade of exemplary service to Virginia Beach and its communities, The Princess Anne Independent News has announced it willproduce its final print edition on December 15,2024,leaving behind a legacy of journalistic excellence and civic engagement;and NOW, THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Virginia Beach City Council formally honors The Princess Anne Independent News for its extraordinary contributions to journalism,its unwavering dedication to serving thepeople of Virginia Beach,and its role in fostering an informed and engaged citizenry. Given by the Council of the City of Virginia Beach, Virginia the 10'day of December 2024 and present this Resolution duly signed by each Member of Virginia Beach City Council. Council Member Michael F.Berlucchi Council Member Barbara M.&nley Council Mem David 4Hutcheson C��R-Ierlth" Council Member Dr.Amelia Ross- 6�6.illembr.Jennifer V.Rouse Remick Hammond r � Council Member Joashua F.Schulman Council Mem#Wr Chris Taylor Council Member Sabrina D. Wooten Vice Mayor Vsemary Wilson Mayor Robert f. "'Bobbt Dyer 22 ITEM— VI.LI PUBLIC HEARINGS ITEM#76464 Mayor Dyer DECLARED a PUBLIC HEARING: DECLARATION AND CONVEYANCE OF CITY PROPERTY 1.54 +/-acre property& 16, 500 +/-square foot structure and all other improvements located at 2656 Lishell Place The following registered to speak.- James Moore, 740 Lord Dunmore Drive, Phone: 343-4097, did not respond There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING December 10, 2024 23 ITEM— VI.L2 PUBLIC HEARINGS ITEM#76465 Mayor Dyer DECLARED a PUBLIC HEARING: DECLARATIONAND CONVEYANCE OFEXCESS CITYPROPERTY Approximately 3.18 acres of City-owned property located at the intersection of Princess Anne Road and Community College Place The following registered to speak.- James Moore, 740 Lord Dunmore Drive, Phone: 343-4097, did not respond Teresa Stanley, 143 Castilian Drive, Phone: 286-5858, spoke in SUPPORT Kay Flohre, 1286 Brigantine Court, Phone: 718-1752, spoke in SUPPORT Jennifer Williams, 2704 River Road, Phone: 749-3999, spoke in SUPPORT Max Willey, 291 Independence Boulevard#224, Phone: 292-5279, spoke in SUPPORT Seth Quick, 1429 Maharris Road, Phone: 692-6113, spoke in SUPPORT David Crain, 2400 Potters Road, Phone: 463-9516, spoke in SUPPORT Jessica Guglielmo, 2400 Potters Road, Phone: 500-2745, spoke in SUPPORT Erik Castano, 1305 Rica Court, Phone: 402-0834, spoke in SUPPORT Courtney Jarvis did not respond Shayla Smith, 1328 Rica Court, Phone: 355-2256, did not respond Eugene Cowen, 5349 Indian River Road, Phone: 420-2397, spoke in SUPPORT Liam Hudson, Phone: 734-882-3153, spoke in SUPPORT There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING December 10, 2024 24 ITEM— VI.J FORMAL SESSIONAGENDA ITEM#76466 Mayor Dyer read the Speaker Policy and advised for items where only one (1) speaker is registered, the City Clerk will call the speaker and they will be given a total of six(6) minutes to speak on all items. The City Clerk called the following to speak: James Moore, 740 Lord Dunmore Drive, Phone: 343-4097, did not respond Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, BY CONSENT, Agenda Items Ordinances/Resolutions IL• 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 (DEFERRED TO JANUARY 7, 2025), 15, 16, 17, 18 and 19 and Planning Items L: 1, 2, 3, 4, 6, 7, 8, 9 and 10 Voting: 10 - 0 Council Members Voting Aye: Michael F Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent. Jennifer Rouse K. ORDINANCES I RESOLUTIONS: COUNCIL MEMBER REMICK FILED A DISCLOSURE LETTER FOR ITEM#8 L. PLANNING ITEM. ITEM#5 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER REMICK FILED A DISCLOSURE LETTER FOR ITEM#6 December 10, 2024 25 ITEM— VI X I ORDINANCESIRESOL UTIONS ITEM#7646 7 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to DISSOLVE the In House Pharmacy Exploratory Committee (Requested by the City Council) Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. `Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 1 AN ORDINANCE DISSOLVING THE IN-HOUSE 2 PHARMACY EXPLORATORY COMMITTEE 3 BE IT ORAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, THAT: 5 The In-House Pharmacy Exploratory Committee is hereby dissolved. 6 Adopted by the Council of the City of Virginia Beach, Virginia on the 1 o t h day of 7 December 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CAI 6364 R-1 December 3, 2024 26 ITEM— VI X 2 ORDINANCESIRESOL UTIONS ITEM#76468 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to DISSOLVE the Urban Agriculture Advisory Committee(Requested by the City Council) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 1 AN ORDINANCE DISSOLVING THE URBAN 2 AGRICULTURE ADVISORY COMMITTEE 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, THAT- 5 The Urban Agriculture Advisory Committee is hereby dissolved. 6 Adopted by the Council of the City of Virginia Beach, Virginia on the 1 o t h day of 7 December 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's ffice CA16775 R-1 December 3, 2024 27 ITEM— VLK.3 ORDINANCES/RESOLUTIONS ITEM#76469 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of temporary easements, either by agreement or condemnation re the Violet Bank Trail Project, CIP 100558 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 I AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF TEMPORARY EASEMENTS 3 FOR THE VIOLET BANK TRAIL PROJECT,CIP 4 100558, EITHER BY AGREEMENT OR 5 CONDEMNATION, AND TO UPDATE THE 6 CAPITAL PROJECT DETAIL PAGE 7 a 9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 10 public necessity exists for the construction of this important public project to construct 11 sidewalk and public path facilities to provide safer alternative transportation options within 12 the City; to improve public access to schools, the local library and recreation center, and 13 shopping areas; to improve bikeways and trails and roadway connectivity and accessibility; 14 and to improve safety for pedestrians and bicyclists within the City;and for other related 15 public purposes for the preservation of the safety, health, peace, good order, comfort, 16 convenience, and for the welfare of the people in the City of Virginia Beach. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 Section 1. That the City Council authorizes the acquisition by purchase or 22 condemnation pursuant to Sections 15.2-1901, et sea., and Title 25.1 of the Code of 23 Virginia of 1950, as amended,of all those certain temporary easements(the"Property"),as 24 shown on the plans entitled "Violet Bank Trail' (the "Project"), and more specifically 25 described on the acquisition plats for the Project (plats and plans collectively referred to as 26 the "Plans"), the Plans being on file in the Engineering Division, Department of Public 27 Works, City of Virginia Beach, Virginia. 2E 29 Section 2. That the City Manager is hereby authorized to make or causeto be made 30 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 31 offer to the owners or persons having an interest in said Property. If refused, the City 32 Attorney is hereby authorized to institute, prosecute, and settle or resolve proceedings to 33 condemn said Property. 34 35 Section 3. The capital project detail page for Project No. 100558 is hereby 36 updated to include phases for site acquisition, private utility adjustment, and 37 contingency. The detail page notes the width of the path is six feet. This updated detail 38 page is attached hereto as"Exhibit A.° 39 4 c Adopted by the Council of the City of Virginia Beach, Virginia, on the 10 t h day of 41 December , 2024. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY BLIC WOR S—REAL STATE CITY A ?NE APPROVED AS TO CONTENT BUDGET AND MANAGEMENT SERVICES CA16590 R-2 11/20/24 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100558 Title:Violet Bank Trail Status: Approved Category: Parks&Recreation Department: PARKS AND RECREATION Ranking: 0 Projcct Type Project Location ProJact Type: New Facility Construction/Expansion District: 1 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 1,600,000 1,600,000 0 01 0 0 0 ScopeDescription and ,This project will provide a six foot path connecting the eastern end of the improved portion of Violet Bank Drive(just west of Orkney Drive)to Selwood Drive,as well as a 5-foot-wide concrete sidewalk along the improved portion of Violet Bank Drive from Kittery Drive to the new path.The project will be approximately 0.6 miles long.This route is currently a frequently used dirt path with an existing public drainage ditch located in the middle of the right of way.The Violet Bank Drive right of way parallels Providence Road,which Is a 2-lane 35-mph roadway with approximately 14,800 vehicles per day.Providence Road lacks sidewalks and shoulders making Violet Bank Drive a viable location for pedestrian facilities.The Violet Bank Trail will be approximately 1,200 feet south of Providence Road. Purpose The Violet Bank Trail project will improve safety and connectivity for pedestrians and cyclists with a paved surface that will comply with the Americans with Disabilities Act(ADA)design guidelines by providing accessible street crossings,a hardened path,sidewalk,and sidewalk ramps.The project will connect to the existing sidewalks in the adjacent neighborhoods allowing pedestrians to reach nearby public schools,commercial areas,and City facilities such as the Kem:;sville ,ibrarvami Kemc<<�Ilr RecrrationCenter. History and Current Status i his project first appeared in the FY 2021-22 CIP.Funding for this project began in FY 2020-21.The City received Transportation Alternatives Set-Aside Program funding of$70,00D in FY 2018-19 and$248,848 in FY 2019-20,which was appropriated in CIP 100119,"City Bikeways and Trails Plan Implementation,"(formerly CIP 4-064).In December 2020,$262,948 in Transportation Alternative Set-Aside Program funding was transferred to this standalone project from CIP 100119, Total TAP funding for this project is$318,848.In FY 2022-23 this protect received 5300.000 in appropriations to date from various dosed out pro}ects- Operating Project rOap Schedule of Activities Kp9k4y�� J r : Project Activities From-To Amount Site Acquisition 12/24-05/25 146,000 Utility Adjustment 12/24-05/25 20,000 w°n Construction 12/25-02/27 1,289,000 Contingencies 12/24-02/27 145,000 Total Budgetary Cost Estimate: 1,600,000 �. Means of Financing - • igaSSa , ,J* Funding Subclass Amount ."'.wT w4c' , r a • Local Funding 1,337,152 Federal Contribution 262,948 Klil_IYWO00.■0 Ike Total Funding: 1,600,000 EXHIBIT GovMax t 1 2/4/2024 28 ITEM— VI K4 ORDINANCES/RESOLUTIONS ITEM#764 70 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation re the Northampton Boulevard and Baker Road Pedestrian Crossing Improvements Project, CIP 100423.091 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE NORTHAMPTON BOULEVARD AND 4 BAKER ROAD PEDESTRIAN CROSSING 5 IMPROVEMENTS PROJECT, CIP 100423.091, 6 AND THE ACQUISITION OF TEMPORARY 7 AND PERMANENT EASEMENTS EITHER BY s AGREEMENT OR CONDEMNATION 9 10 WHEREAS, the Northampton Boulevard and Baker Road Pedestrian Crossing 11 Improvements Project, CIP 100423.091 (the "Project") is part of the Traffic Safety 12 Improvements IV program for intersections and road segments where minor modifications 13 can increase traffic capacity and safety; and 14 15 WHEREAS, the Project will provide new pedestrian crossings, new vehicle and 16 pedestrian signals, ADA-compliant ramps, median refuge, island modifications, curb and 17 gutter, paving, and drainage improvements; and 1s 19 WHEREAS, the Project's modifications to the curb lines and sidewalks necessitate 20 the acquisition of right-of-way and easements; and 21 22 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 23 public necessity exists for the construction of this important transportation Project to provide 24 pedestrian accessibility and traffic safety improvements to improve access to the 25 surrounding areas, for the preservation of the safety, health, peace, good order, comfort 26 and convenience and for the welfare of the people in the City of Virginia Beach. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 Section 1. That the City Council authorizes the acquisition by purchase or 32 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 33 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 34 simple, including temporary and permanent easements (the "Property"), as shown on the 35 Project plans entitled "NORTHAMPTON BOULEVARD AND BAKER ROAD PEDESTRIAN 36 CROSSING IMPROVEMENTS OFC 100.423.091" and more particularly described on the 37 acquisition plats for the Project (plats and plans collectively referred to as the "Plans"), the 38 Plans being on file in the Engineering Division, Department of Public,Works, City of Virginia 39 Beach, Virginia. 40 41 Section 2. That the City Manager is hereby authorized to make or cause to be made 42 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 43 offer to the owners or persons having an interest in said Property. If refused, if the property 44 owners are unable to convey clear title, or if the owners cannot be identified or located, the 45 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 46 to condemn to acquire title to the Property. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10 t h day of 49 December , 2024. CA16551 R-1 10/24/2024 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d015\p050\00966455.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM P BLIC WO KS/REAL ESTATE CITY TTOP�EY 29 ITEM— VI.K.5 ORDINANCES/RESOLUTIONS ITEM#764 71 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Domi Deeds Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 1 AN ORDINANCE TO DESIGNATE DOMI DEEDS AS BEING 2 EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 personal property taxes to Domi Deeds; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Domi 12 Deeds a charitable organization within the context of§6(a)(6)of Article X of the Constitution of 13 Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That personal property owned by Domi Deeds located within the City of Virginia 16 Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt 17 from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Domi Deeds for exclusively charitable 22 purposes; 23 24 (b) that each July 1, Domi Deeds shall file with the Commissioner of the Revenue a 25 copy of its most recent federal income tax return, or if no such return is required, 26 it shall certify its continuing tax exempt status to the Commissioner of the 27 Revenue; 28 29 (c) that every three years, beginning on January 1, 2027, Domi Deeds shall file an 30 exemption application with the Commissioner of the Revenue as a requirement 31 for retention of the exempt status of the property; and 32 33 (d) that Domi Deeds cooperate fully with the Commissioner of the Revenue with 34 respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1 , 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of December , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL Zherl-erifice NCY: Commissioner of the Revenue CA16692 R-1 November 15, 2024 30 ITEM— VI.K.6 ORDINANCESIRESOL UTIONS ITEM#76472 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re My Favorite Charity Events Organization,LLC Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 1 ORDINANCE TO DESIGNATE MY FAVORITE CHARITY 2 EVENTS ORGANIZATION AS BEING EXEMPT FROM 3 LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to My Favorite Charity Events Organization; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates My 13 Favorite Charity Events Organization, a charitable organization within the context of§6(a)(6)of 14 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by My Favorite Charity Events Organization located 17 within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 18 basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by My Favorite Charity Events Organization for 23 exclusively charitable purposes; 24 25 (b) that each July 1, My Favorite Charity Events Organization shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2027, My Favorite Charity 31 Events Organization shall file an exemption application with the Commissioner of 32 the Revenue as a requirement for retention of the exempt status of the property; 33 and 34 35 (d) that My Favorite Charity Events Organization cooperate fully with the 36 Commissioner of the Revenue with respect to audit of its financial records and 37 compliance with the terms of this ordinance. 38 39 4. That the effective date of this exemption shall be January 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the loth day of December , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: '_Z_Z__'e Commissioner of-the-Revenue torne s Office CA16693 R-1/November 15, 2024 31 ITEM— VI.L7 ORDINANCESIRESOL UTIONS ITEM#764 73 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Fight CF Foundation Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 1 ORDINANCE TO DESIGNATE FIGHT CF FOUNDATION AS 2 BEING EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 personal property taxes to Fight CF Foundation; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Fight CF 12 Foundation a charitable organization within the context of § 6(a)(6) of Article X of the 13 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That personal property owned by Fight CF Foundation located within the City of 16 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 17 exempt from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Fight CF Foundation for exclusively charitable 22 purposes; 23 24 (b) that each July 1, Fight CF Foundation shall file with the Commissioner of the 25 Revenue a copy of its most recent federal income tax return, or if no such return 26 is required, it shall certify its continuing tax exempt status to the Commissioner 27 of the Revenue; 28 29 (c) that every three years, beginning on January 1, 2027, Fight CF Foundation shall 30 file an exemption application with the Commissioner of the Revenue as a 31 requirement for retention of the exempt status of the property; and 32 33 (d)that Fight CF Foundation cooperate fully with the Commissioner of the Revenue 34 with respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10 t h day of December 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL St1F IENCY: Commissioner of the Revenue ttorney's Office CA16694 R-1/November 15, 2024 32 ITEM— Vl g 8 ORDINANCESIRESOL UTIONS ITEM#764 74 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Kaizen Adaptive Training,Inc. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. `Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 1 ORDINANCE TO DESIGNATE KAILEN ADAPTIVE 2 TRAINING, INC. AS BEING EXEMPT FROM LOCAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Kaizen Adaptive Training, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Kaizen 13 Adaptive Training, Inc. a charitable organization within the context of§6(a)(6)of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Kaizen Adaptive Training, Inc. located within the 17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Kaizen Adaptive Training, Inc. for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Kaizen Adaptive Training, Inc. shall file with the Commissioner 26 of the Revenue a copy of its most recent federal income tax return, or if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2027, Kaizen Adaptive Training, 31 Inc. shall file an exemption application with the Commissioner of the Revenue as 32 a requirement for retention of the exempt status of the property; and 33 34 (d)that Kaizen Adaptive Training, Inc. cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1 , 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of December , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL CIENCY: Commissioner of the Revenue Attorney's Office CA16695 R-1/November 15, 2024 .B 0 -. �' � C1ty Of Vlrgini_a. B each U ° 9,fs Or OUR VBWv mn ROBERT W.`WORTH"REMICK CELL(757)84045855 COUNCIL MEMBER EMAIL:WRemickAvboov.com DISTRICT 6 File No. 0092063 December 3, 2024 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, Section 2.2- 3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the application of Kaizen Adaptive Training, Inc. for a personal property tax exemption. 2. Kaizen Adaptive Training, Inc. is a non-profit entity that is affiliated with Kaizen Athletics, LLC. Kaizen Athletics, LLC is a client of Colliers International Virginia, LLC ("Colliers"), but I have not provided, and do not provide, services to Kaizen Athletics,LLC. 3. I have a personal interest in Colliers because I am an employee of the firm, and its address is 150 West Main Street, Suite 1100,Norfolk, Virginia 23510. 4. The City Attorney's Office has advised me that because I do not personally provide services to Kaizen Adaptive Training, Inc. or Kaizen Athletics, LLC, the Act provides that I may participate in the City Council's consideration of this application. 5. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. 2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456 Mrs. Amanda Barnes -2- December 3, 2024 Re: Disclosure Pursuant to Virginia Code§2.2-3115(1) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, Worth Remick Councilmember RWR/RRI 33 ITEM— VI K.9 ORDINANCESIRESOL UTIONS ITEM#76475 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Aid Another Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 1 ORDINANCE TO DESIGNATE AID ANOTHER AS BEING 2 EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 personal property taxes to Aid Another; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Aid 12 Another a charitable organization within the context of§ 6(a)(6)of Article X of the Constitution 13 of Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That personal property owned by Aid Another located within the City of Virginia 16 Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt 17 from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Aid Another for exclusively charitable purposes; 22 23 (b) that each July 1, Aid Another shall file with the Commissioner of the Revenue a 24 copy of its most recent federal income tax return, or if no such return is required, 25 it shall certify its continuing tax exempt status to the Commissioner of the 26 Revenue; 27 28 (c) that every three years, beginning on January 1, 2027, Aid Another shall file an 29 exemption application with the Commissioner of the Revenue as a requirement 30 for retention of the exempt status of the property; and 31 32 (d) that Aid Another cooperate fully with the Commissioner of the Revenue with 33 respect to audit of its financial records and compliance with the terms of this 34 ordinance. 35 36 4. That the effective date of this exemption shall be January 1 , 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the loth day of December 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL �SUFFI-NENCY: I + Commissioner of the Revenue �CityAttorney's Office CA16696 R-1/November 15, 2024 34 ITEM— VI.K.10 ORDINANCESIRESOL UTIONS ITEM#76476 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Healing of the Soul Ministry Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 1 ORDINANCE TO DESIGNATE HEALING OF THE SOUL 2 MINISTRY AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Healing of the Soul Ministry; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Healing of 13 the Soul Ministry a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Healing of the Soul Ministry located within the City 17 of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Healing of the Soul Ministry for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Healing of the Soul Ministry shall file with the Commissioner of 26 the Revenue a copy of its most recent federal income tax return, or if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2027, Healing of the Soul 31 Ministry shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property;and 33 34 (d) that Healing of the Soul Ministry cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1 , 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10 t h day of December , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL Zorrney`s NCY: Commissioner of the Revenue Office CA16697 R-1/November 15, 2024 35 ITEM— VI.K.I1 ORDINANCESIRESOL UTIONS ITEM#76477 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re STSTLT,Inc. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. `Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 1 ORDINANCE TO DESIGNATE STSTLT, INC. AS BEING 2 EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 personal property taxes to STSTLT, Inc.; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates STSTLT, 12 Inc. a charitable organization within the context of § 6(a)(6) of Article X of the Constitution of 13 Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That personal property owned by STSTLT, Inc. located within the City of Virginia 16 Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt 17 from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by STSTLT, Inc. for exclusively charitable 22 purposes; 23 24 (b) that each July 1, STSTLT, Inc. shall file with the Commissioner of the Revenue a 25 copy of its most recent federal income tax return, or if no such return is required, 26 it shall certify its continuing tax exempt status to the Commissioner of the 27 Revenue; 28 29 (c) that every three years, beginning on January 1, 2027, STSTLT, Inc. shall file an 30 exemption application with the Commissioner of the Revenue as a requirement 31 for retention of the exempt status of the property; and 32 33 (d) that STSTLT, Inc. cooperate fully with the Commissioner of the Revenue with 34 respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of December , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APP D AS TO LEGAL JFFIC1 CY: Commissioner of the Revenue ity Atforney's ffice CA16698 R-1/November 15, 2024 36 ITEM— VI X 12 ORDINANCESIRESOL UTIONS ITEM#76478 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Alanton Baycliff Recreation Center,Inc Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 1 ORDINANCE TO DESIGNATE ALANTON BAYCLIFF 2 RECREATION CENTER, INC. AS BEING EXEMPT FROM 3 LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to Alanton Baycliff Recreation Center, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Alanton 13 Baycliff Recreation Center, Inc. a charitable organization within the context of § 6(a)(6) of 14 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Alanton Baycliff Recreation Center, Inc. 17 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 18 nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Alanton Baycliff Recreation Center, Inc. for 23 exclusively charitable purposes; 24 25 (b) that each July 1, Alanton Baycliff Recreation Center, Inc. shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1 , 2027, Alanton Baycliff 31 Recreation Center, Inc. shall file an exemption application with the 32 Commissioner of the Revenue as a requirement for retention of the exempt 33 status of the property; and 34 35 (d) that Alanton Baycliff Recreation Center, Inc. cooperate fully with the 36 Commissioner of the Revenue with respect to audit of its financial records and 37 compliance with the terms of this ordinance. 38 39 4. That the effective date of this exemption shall be July 1, 2024. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10 t h day of December , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: AP ED AS TO LEGAL FFICI CY: f�. ommissioner of the evenue City ey s Office CA16699 R-1/November 15, 2024 37 ITEM— VI.K.13 ORDINANCESIRESOL UTIONS ITEM#76479 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Powerful Living Ministries Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 1 AN ORDINANCE TO DESIGNATE POWERFUL LIVING 2 MINISTRY AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXAT I O N 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Powerful Living Ministry; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Powerful 13 Living Ministry a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Powerful Living Ministry located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Powerful Living Ministry for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Powerful Living Ministry shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2027, Powerful Living Ministry 31 shall file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Powerful Living Ministry cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the loth day of December 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of the Revenue Q—,�ity Attorney'—Office CA16772 R-1 November 21, 2024 38 ITEM— VI.K.14 ORDINANCES/RESOLUTIONS ITEM#76480 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council DEFERRED TO JANUARY 7, 2025, BY CONSENT, Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Pride Industries Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. `Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 39 ITEM— VI.K.15 ORDINANCESIRESOL UTIONS ITEM#76481 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AMEND Chapter 7, Article III of the City Code re seizure, impound, and disposition of an unlawfully operated all-terrain vehicle or off-road motorcycle operated on a highway or sidewalk within the City Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 1 1 AN ORDINANCE TO AMEND CHAPTER 7, ARTICLE III OF 2 THE CITY CODE, PERTAINING TO THE SEIZURE, 3 IMPOUNDING, AND DISPOSITION OF AN UNLAWFULLY 4 OPERATED ALL-TERRAIN VEHICLE OR OFF-ROAD 5 MOTORCYCLE OPERATED ON A HIGHWAY OR 6 SIDEWALK WITHIN THE BOUNDARIES OF THE CITY 7 8 SECTIONS ADDED: §§ 7-46 and -47 9 10 WHEREAS, Chapters 436 and 510 of the 2024 Acts of Assembly authorize a 11 governing body to adopt an ordinance to provide for the lawful seizure, impounding, and 12 disposition of an unlawfully operated all-terrain vehicle or off-road motorcycle operated 13 on a highway of sidewalk within the boundaries of such city; 14 15 WHEREAS, the City Council finds that the unlawful operation of an all-terrain 16 vehicle or an off-road motorcycle presents a danger to the health and safety of the 17 residents of the City; 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA, THAT: 21 22 That the Code of the City of Virginia Beach, Virginia, are hereby amended and 23 reordained to add the following Sections 7-46 and 7-47: 24 25 Sec. 7-46. Seizure of an Unlawfully Operated All-Terrain Vehicle or Off-Road 26 Motorcycle. 27 Any law-enforcement officer who charges any person with operating an all-terrain 28 vehicle or off-road motorcycle in an unlawful manner on a street, highway, sidewalk, or 29 other public way within the city, may seize and impound the unlawfully operated all-terrain 30 vehicle or off-road motorcycle pending disposition of the case or a final court order 31 regarding forfeiture. 32 33 Sec. 7-47. Forfeiture and Disposition. 34 (a) Any all-terrain vehicle or off-road motorcycle operated in an unlawful manner 35 on a street, highway, sidewalk, or other public way within the city that is 36 lawfully seized and impounded pursuant to Sec. 7-46 or that lawfully comes__ 37 into such officer's custody shall be subject to forfeiture to the city. 38 (b) The city attorney or their designee may institute forfeiture proceedings in the 39 name of the City of Virginia Beach using the procedures prescribed for 40 forfeiture proceedings by the Commonwealth contained in Chapter 22.1 41 19.2-386.1 et seg.) of the Virginia Code. 42 (c) If the forfeiture is established. the property shall be condemned as forfeited 43 to the city and may be retained for use by the city, sold, or destroyed in 44 accordance with the provisions of Chapter 22.1 ( 19.2-386.1 et seq.) and 45 Chapter 22.2 ( 19.2-386.15 et seq.) of the Virginia Code, as amended. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10 t h day of December 2024, APPRO ED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. Police blepartmeht Office of the City Attomey c CA16519 R-2 November 25, 2024 40 ITEM— VI.K16 ORDINANCES/RESOLUTIONS ITEM#76482 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code Section 21-230 re traffic calming at Culver Lane Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 1 AN ORDINANCE TO AMEND SECTION 21-230 2 OF THE CITY CODE PERTAINING TO 3 TRAFFIC CALMING 4 5 SECTION AMENDED: § 21-230 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 21-230 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 21-230. Traffic calming via maximum speed limits in certain residential 15 districts; penalty. 16 Pursuant to § 46.2-878.2 of the Code of Virginia, any person who operates a motor 17 vehicle in excess of the maximum speed limit established for any portion of the following 18 highways located within the designated neighborhoods, on or after the effective date, 19 shall be guilty of a traffic infraction punishable by a prepayable fine of two hundred dollars 20 ($200.00), in addition to other penalties provided by law. No portion of the fine shall be 21 suspended unless the court orders twenty (20) hours of community service. 22 (1) L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie Avenue. 23 (2) Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, Alton 24 Road; Old Kempsville Road. 25 (3) Lake Shores: Jack Frost Road; Lake Shores Road. 26 (4) Little Neck: Harris Road. 27 (5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; Meredith 28 Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane; 29 Smith Farm Road. 30 (6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. 31 (7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake Road; 32 Rampart Avenue; Bayville Road; Lookout Road; Sandy Bay Drive. 33 (8) Country Haven: Stewart Drive. 34 (9) Fairfield: Lord Dunmore Drive. 35 (10)Bellamy Manor: Homestead Drive. 36 (11)Church Point: Church Point Road; Church Point Place; Timber Ridge Drive. 37 (12)Stratford Chase: Stratford Chase Drive; Minden Road; Violet Bank; Kittery Drive. 38 (13)Bayville Park: Greenwell Road (From Shore Drive to First Court Road). 39 (14) Milburn Manor: Davis Street. 40 (15) Lake James: Lake James Drive. 41 (16) Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd. 42 Effective as of April 6, 2004: 43 (1) Croatan: Croatan Road. 44 (2) Birdneck Point: Cardinal Road. 45 Effective as of April 5, 2005: 46 (1) Thoroughgood: Thoroughgood Drive. 47 (2) Hermitage Road. 48 Effective as of September 12, 2006. 49 (1) Kings Grant: Oxford Drive. 50 Effective as of January 27, 2009: 51 (1) Baycliff: Baycliff Drive between Mill Dam Road and Stephens Road. 52 (2) Lakeview Park: Cullen Road between Shell Road and Lakeside Road. 53 Effective as of August 10, 2010: 54 (1) Bellamy Plantation: Grey Friars Chase between Lynnhaven Parkway and the 55 1900 block of Grey Friars Chase. 56 Effective as of September 5, 2018: 57 (1) Mediterranean Avenue between Virginia Beach Boulevard and Norfolk Avenue. 58 Effective as of November 12, 2019: 59 (1) Aragona: Sullivan Boulevard between Aragona Boulevard to Haygood Road. 60 (2) Red Mill: Red Mill Boulevard between General Booth Boulevard to Warner Hall 61 Drive. 62 Effective as of November 17, 2020: 63 (1) Kings Grant: Kings Grant Road between Little Neck Road and Edinburgh Drive. 64 Effective as of October 4, 2022: 65 (1) Bay Island: Broad Bay Road. 66 67 Effective as of April 16, 2024: 68 (1) Linkhorn Park: Pinewood Road between the Little Creek Culvert to Holladay 69 Point. 70 Effective as of September 3, 2024: 71 (1) Charlestown Lakes: Beaufain Boulevard. 72 Effective as of December 10, 2024: 73 (1) Ocean Lakes/Culver Acres: Culver Lane. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10 t h day of_December _ , 2024. QD TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: nt City Attu s Otfloe APPROVED AS TO CONTENT: Public Works —— CA16773 R-1 November 22,2024 41 ITEM— VI L17 ORDINANCESIRESOL UTIONS ITEM#76483 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE the City Manager to make administrative preparations re Emergency Medical Services compassionate billing program Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO 2 MAKE ADMINISTRATIVE PREPARATIONS FOR A 3 COMPASSIONATE BILLING PROGRAM FOR 4 EMERGENCY MEDICAL SERVICES 5 6 WHEREAS, the City is served by dedicated volunteer rescue squad members and 7 career emergency medical providers who together comprise the Virginia Beach 8 Emergency Medical Services (EMS) system; 9 10 WHEREAS, the Virginia Beach EMS system could benefit from additional 11 sustainable funding to provide the needed funding for EMS operating expenses, and to 12 purchase ambulances, medical equipment and related supplies; 13 14 WHEREAS, compassionate EMS billing can be done in such a manner to avoid 15 out-of-pocket expenses for residents; 16 17 WHEREAS, the Council of Virginia Beach Volunteer Rescue Squads, Inc. (Rescue 18 Council) has endorsed the development of a compassionate EMS billing program with 19 the following considerations: 20 1) There be a mutually agreed upon Memorandum of Understanding outlining the 21 governance and terms of a compassionate EMS billing program; 22 2) Revenue generated from compassionate EMS billing is directly reinvested into 23 the Virginia Beach volunteer rescue squads and Department of Emergency 24 Medical Services; 25 3) There be a clear and transparent process, with Rescue Council inclusion, for 26 the administration of a compassionate EMS billing program; and 27 4) The City conducts an appropriate public education and awareness campaign. 28 29 WHEREAS, the City Council desires the City Manager to further explore 30 administrative preparations necessary to implement compassionate billing and to include 31 this possibility in his FY2025-26 Proposed Budget submittal. 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINIA, THAT: 35 36 1) The City Council hereby authorizes the City Manager and, where appropriate, 37 the City Attorney, to initiate administrative preparations for further consideration 38 of a compassionate EMS billing program through the FY2025-26 budget 39 adoption process. 40 41 2) Administrative preparations may include working with the Rescue Council to 42 draft a Memorandum of Understanding for City Council's consideration, 43 incorporating compassionate EMS billing revenue into the City Manager's 44 Proposed FY2025-26 Budget for consideration, and preparation of authorizing 45 ordinance(s), fee schedule and related policies. 46 47 3) The City Manager may authorize City staff to conduct public education and 48 outreach efforts regarding compassionate billing. 49 50 4) The City Manager may authorize City staff to research and engage with third- 51 party EMS billing vendor(s) for consideration following all applicable 52 procurement laws and regulations. 53 54 5) Any preparations conducted for compassionate EMS billing will not be binding 55 and final approval is contingent on City Council's passage of an authorization 56 ordinance or ordinances. Adopted by the City Council of the City of Virginia Beach, Virginia, this 10th day of December 2024. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: dget and Management Services 42 ttorney's Office CA16771 R-1 November 20, 2024 2 42 ITEM— VI.K.18 ORDINANCES/RESOLUTIONS ITEM#76484 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the 2024 Housing Choice Voucher Administrative Plan and AUTHORIZE the City Manager to execute the amended plan Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. `Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 1 AN ORDINANCE TO AMEND THE 2024 HOUSING CHOICE 2 VOUCHER ADMINISTRATIVE PLAN AND TO AUTHORIZE 3 THE CITY MANAGER TO EXECUTE THE AMENDED PLAN 4 5 WHEREAS, the City's Department of Housing and Neighborhood Preservation 6 ("HNP") operates the federally funded Housing Choice Voucher Program ("HCV"), 7 formerly known as the Section 8 Program; 8 9 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 10 requires agencies that operate HCV programs to submit an HCV Administrative Plan, 11 which was previously approved; 12 13 WHEREAS, HNP has made minor operational changes to the HCV program; and 14 15 WHEREAS, HNP proposes edits to the HCV Administrative Plan that are needed 16 to implement the operational changes effective January 1, 2025. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA, THAT: 20 21 The Administrative Plan amendments for the Housing Choice Voucher Program 22 are hereby approved, provided such amendments conform in all material aspects to the 23 Summary of Amendments attached hereto as Exhibit A. Adopted by the Council of the City of Virginia Beach, Virginia on the 10 t h day Of December 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Housing & Neigh orhood Preservation City- omey's Office CA16774 R-1 December 3, 2024 EXHIBIT A Executive Summary 2025 Housing Choice Voucher—Administrative Plan Department of Housing and Neighborhood Preservation November 21, 2024 Federally Required Plans for the Housing Choice Voucher Program The Department of Housing &Neighborhood Preservation(DHNP) operates the city's federal Housing Choice Voucher Program (HCV). The program provides funding for rental subsidies for over 2,000 households in Virginia Beach and sometimes in neighboring cities. The U.S. Department of Housing and Urban Development funds the HCV program. To comply with all Federal requirements for this program, the city must establish policies and procedures to ensure consistency in program operation and adopt the following plans: Plan Name Summary Purpose and Status Content Five-Year Provides long-term This plan was developed Agency Plan guidance for the program and adopted by Council in 2020. Annual Agency Describes the agency's plan This plan was developed Plan for the current year, and adopted by the Council consistent with the five-year in 2024. plan Administrative Describes in detail how the Amendments have been Plan HCV program will operate developed by staff and are proposed for adoption by Council with this ordinance Pursuant to 24 CFR 982.54, the VBDHNP must adopt a written administrative plan establishing local policies for administering the(HCV) program per HUD requirements. The City Council must formally adopt the administration plan and make any revisions. This is required because Virginia Beach does not have a housing authority and, therefore, no board of commissioners. The administrative plan states the VBDHNP's policy on matters for which the VBDHNP has the discretion to establish local policies. The plan must comply with HUD regulations and requirements. The Virginia Beach City Council approved the current administrative plan on April 16, 2024, and submitted it to the Department of Housing and Urban Development. 1 EXHIBIT A Executive Summary 2025 Housing Choice Voucher—Administrative Plan Department of Housing and Neighborhood Preservation November 21, 2024 CONTENTS OF THE PLAN Federal regulations 24 CFR 982.54 further stipulate that the VBDHNP administrative plan must cover VBDHNP policies on the following subjects: • Assisting a family that claims that illegal discrimination has prevented the family from leasing a suitable unit(Chapter 2); • Occupancy policies, including the definition of what group of persons may qualify as a"family," a definition of when a family is considered to be "continuously assisted" (Chapter 3); • How to determine who remains in the program if a family breaks up (Chapter 3); • Providing information about a family to prospective owners (Chapters 3 and 9); • Selection and admission of applicants from the DHNP waiting list, including any DHNP admissions preferences, procedures for removing applicant names from the waiting list, and procedures for closing and reopening the DHNP waiting list (Chapter 4); • Any special rules for the use of available funds when HUD provides targeted funding to the DHNP for special purposes (e.g., Mainstream, IDD), including funding for specified families or specified categories of families (Chapter 4); • Issuing or denying vouchers, including DHNP policy on governing the voucher term and any extensions or suspensions of the voucher term. "Suspension" means stopping the clock on the term of a family's voucher after the family submits a request for"approval of the tenancy" (Chapter 5); • Subsidy standards (Chapter 5); • The process for establishing and revising voucher payment standards (Chapter 6); • The method of determining reasonable rent to owners (Chapter 8); • Procedural guidelines and performance standards for conducting required housing quality standard inspections (Chapter 8); • Special policies concerning special housing types in the program (e.g., use of shared housing) (Chapter 9); 2 EXHIBIT A Executive Summary 2025 Housing Choice Voucher— Administrative Plan Department of Housing and Neighborhood Preservation November 21, 2024 • DHNP screening of applicants for family behavior or suitability for tenancy (Chapter 9); • Restrictions on the number of moves by a participant family (Chapter 10); • Interim re-determinations of family income and composition(Chapter 11); • Standards for denying admissions or terminating assistance based on criminal activity or alcohol abuse per 982.553 (Chapters 12); • Family absence from the dwelling unit (Chapter 12); • Policies concerning debts owed by families to DHNP (Chapter 12); • Encouraging participation by owners of suitable units located outside of areas of low income(Chapter 13); • Disapproval of owners (Chapter 13); • Informal review procedures for applicants (Chapter 14); • Informal hearing procedures for participants (Chapter 14); • Approval by the City Council or other authorized officials to establish/change the maximum amount that may be charged against the unrestricted net position (UNP) and administrative fee reserve(Chapter 16); Administrative Plan: The staff has developed revisions to the 2024 plan to make the program more efficient and effective; the proposed changes are submitted to be implemented effective January 1, 2025, instead of waiting until the city's fiscal year(July 1, 2025). They are routine changes from year to year to the submitted Administrative Plan. The primary differences between the prior plan and this proposed revision are as follows: • Adding mass media and other electronic/social media as another method to purge the HCV Waiting List and establish how applicants can communicate their continued interest in the program. 3 EXHIBIT A Executive Summary 2025 Housing Choice Voucher— Administrative Plan Department of Housing and Neighborhood Preservation November 21, 2024 • Added an FYI (Foster Youth Initiative)preference and applicable points as mandated by HUD. • Added a third-party verification to document the legal custody of a minor child in the household. • Added clarifying language regarding the proper documentation and verification of court-awarded child support. • Added language allowing the changing of the applicable payment standard simultaneously as a family composition change (if applicable). • Added annual reexaminations to the actions VBDHNP will not accept from means-tested programs generated income verifications. • Added language, changing the requirement to obtain four(4) paystubs to a minimum of two (2)to document earned income, which is more in line with HUD policy. 4 43 ITEM— VI.K.19 ORDINANCESIRESOL UTIONS ITEM#76485 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BYCONSENT,Ordinance to APPROPRLITE$30,531,524 from the FY2023-24 School Reversion Funds to the Virginia Beach City Public Schools FY2024-25 Operating and Capital Improvement Program (CIP) Requested by the School Board(Deferred from November 19, 2024) Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 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 an amended 7 Budget Resolution on November 26, 2024; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA, THAT: 11 12 $30,531,524 in reversion and revenue sharing funds are hereby appropriated for 13 the following purposes: 14 15 a. $10,031,524 to the FY 2024-25 Capital Improvement Program: 16 • $5,327,022 to be transferred in the form of pay-as-you-go funding with a 17 corresponding reduction in authorized but unissued Public Facility Revenue 18 Bonds 19 • $1,500,000 in the form of pay-as-you-go funding for project 601020 20 "Renovations and Replacements —Various Phase III" 21 • $3,204,502 to be transferred in the form of pay-as-you-go funding for project 22 601030 "Payroll System Replacement;" 23 24 b. $20,500,000 to the School Reserve Special Revenue fund to be set aside for 25 capital project 601025 "Princess Anne High School Replacement." Adopted by the Council of the City of Virginia Beach, Virginia, on the loth day of December 2024. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: =lt�kttorney's EGAL SUFFICIENCY: Budget a anagement Services CA16675 R-2 November 27, 2024 44 ITEM— VIL I PLANNING ITEMS ITEM#76486 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of C& C DEVELOPMENT COMPANY,INC.,for a Variance to Section 4.4 (c)(1) of Subdivision Regulations re subdivide the 15,000 square foot site into three (3) lots for the construction of three (3) single family dwelling units at 6502 Atlantic Avenue and 203&205 65`h Street DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA C& C DEVELOPMENT COMPANY, INC.,for a Variance to Section 4.4 (c)(1) of Subdivision Regulations re subdivide the 15,000 square foot site into three (3) lots for the construction of three(3)single family dwelling units at 6502 Atlantic Avenue and 203 &205 65`h Street(GPIN 2419731540)DISTRICT 6 The following conditions shall be required: L When the lots are platted, they shall be platted substantially as shown on the exhibit entitled, "6502 Residential Subdivision", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. When the corner lot is developed, it shall comply with the recommendations of the North End Suburban Focus Area section of the Comprehensive Plan. This shall be achieved using porous materials for driveways, walkways, and other similar surfaces to mitigate stormwater impacts and through the use of attractive and high-quality building materials capable of withstanding severe weather events for the single-family dwellings. 3. Each lot is approved for the construction of one single-family dwelling only as its principal use.A note must be included on the final plat restating this condition. 4. The proposed single-family dwellings shall meet the minimum dimensional requirements of the R-5R Residential(NE)North End Overlay zoning district, unless a BZA variance is granted by the Board of Zoning Appeals for the corner lot. If a BZA Variance is required, the variance shall be granted on the property prior to the site plan approval for the proposed single-family dwelling. 5. The proposed driveways will be required to meet Public Works Standards for residential entrances in the North Beach Area, in that each single residential unit may have one twelve foot (12) wide driveway to tie into the proposed on-site parking spaces. This standard shall be adhered to in order to maximize on-street public parking in this area. This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. December 10, 2024 45 ITEM— VI.L.1 PLANNING ITEMS ITEM#76486 (Continued) Adopted by the City Council of the City of Virginia Beach, Virginia, on the 10`h day of December Two Thousand Twenty Four. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 ` RM (N-E) R5R(NE) R5R NE R5R NE 00, eet e Stre —� -65th -- R5R(�NE) 74 R5R(NE) R5F R5R(NE N C and C Development Company W+1 E ® site 6502 Atlantic Avenue, s Property Polygons 603 & 605 65th Street Zoning Feet Building 012.T5 50 75 100 125 150 46 ITEM— VI.L.2 PLANNING ITEMS ITEM#7648 7 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of TIDEWATER STRUCTURES LLC/MATTHEW R. SCORNAVACCHI for a Change in Nonconformity re expansion of an existing dwelling at 514 91, Street DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA TIDEWATER STRUCTURES LLC / MATTHEW R. SCORNAVACCHI fora Change in Nonconformity re expansion of an existing dwelling at 514 9`h Street (GPIN 2427039916) DISTRICT 5 The following conditions shall be required. L The proposed enlargement shall be developed substantially in conformance to the site plan entitled "PHYSICAL SURVEY OF Lot 16, BLOCK 26, SHADOW LAWN HEIGHTS, VIRGINIA BEACH, VIRGINIA, M. B. 7 P.14 FOR J-MAT SOL UTIONS, INC.", dated February 27,2014,prepared by DKTAssociates Land Surveyors,which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The exterior of the proposed building expansion shall substantially adhere in appearance, size, and materials to the building elevations entitled "Residence@ 514 9th Street Virginia Beach, Virginia — Exterior Elevations, Drawing Number A201," dated May 31, 2024, prepared by Onespace Architects, which is exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 3. The The applicant shall obtain all necessary permits and inspections from the Department of Planning& Community Development Permits and Inspections Division. This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 100 day of December Two Thousand Twenty Four. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 Al2 Al2 R5S mt R5S % Street Al2 gth st% 0 Al-8 A1'8 c� R5S c� R5S R5S N W - E ® site Tidewater Structures LLC S Property Polygons 514 9th Street Zoning Feet Building 012.55 50 75 100 125 150 47 ITEM— VI.L.3 PLANNING ITEMS ITEM#76488 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of SENTARA VIRGINL4 BEACH GENERAL HOSPITAL/SENTARA HOSPITALS for a Change in Noncon ormitX re replace and reconstruct the existing main entrance sign at 1060 First Colonial Road DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGI7VL4 SENTARA VIRGINL4 BEACH GENERAL HOSPITAL / SENTARA HOSPITALS for a Change in Nonconformity re replace and reconstruct the existing main entrance sign at 1060 First Colonial Road(GPIN 2408633987)DISTRICT 6 The following conditions shall be required. L The proposed signage shall be developed in substantial conformance with the submitted sign plan entitled "Sentara, Virginia Beach General Hospital, 1060 First Colonial Road, Virginia Beach, VA 23454" dated August 2024, prepared by AGI, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning& Community Development. 3. The exact placement of the proposed sign shall meet the requirements of the City Zoning Ordinance in regard to required setbacks. This Ordinance shall be effective in accordance with Section 107(t) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 100 day of December Two Thousand Twenty Four. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. `Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 '62 °02 02 R3,0 R30 2-0 J1 0�1 ova-. A18 02 , 2 02 02 or �A 18 orat,� �, -ap J NN \ 00 R-20 R20 \� p.2 -02 ; 00 �\ O off. Q d Rr20 R20 Al 8 A18 02 02 Q o\\\\d A�6 A�36 a a \: GR2.0 � cJ R-2:0 N Sentara Virginia Beach General Hospital W E ® site 1060 First Colonial Road S Property Polygons \ Zoning Feet Building 0 65130 260 390 520 650 780 48 ITEM— VI.L.4 PLANNING ITEMS ITEM#76489 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of SENTARA INDEPENDENCE/MPB INC.,for a Change in Nonconformity re replace and reconstruct the existing main entrance sign at 800 Independence Boulevard DISTRICT 9 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SENTARA INDEPENDENCE /MPB INC.,for a Change in Nonconformity re replace and reconstruct the existing main entrance sign at 800 Independence Boulevard (GPIN 1478548255)DISTRICT 9 The following conditions shall be required: 1. The proposed signage shall be developed in substantial conformance with the submitted sign plan entitled "Sentara, Sentara Independence, 800 Independence Blvd, Virginia Beach, VA 23455"dated August 2024,prepared by AGI, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning& Community Development. 3. The exact placement of the proposed sign shall meet the requirements of the City Zoning Ordinance in regard to required setbacks. This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 100 day of December Two Thousand Twenty Four. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 R10 � A36 A36 R10 0 AT&A18 R,10 A24 GR%0 o �R'1,04� o 10 RQ20 o RR10� � �10 2 � <R2, R,20 cv o <i Al 0 R2.0 02 0Q2 o ;oa R20 R2043 Al � G R7Z �B2 0,1 P1 P1 o B26 5 B2 B2 0`1 A1.2 N W E ® site Sentara Independence S Property Polygons 800 Independence Boulevard ® Zoning i Feet Building 0 55110 220 330 440 550 660 49 ITEM— VI.L.5 PLANNING ITEMS ITEM#76490 The following registered to speak: Eddie Bourdon, 4429 Bonney Road#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT James Moore, 740 Lord Dunmore Drive, Phone: 343-4097, did not respond Michelle Cleland, 2285 London Bridge Road, spoke in OPPOSITION Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, AS MODIFIED, AS CONDITIONED, application of GRACE BIBLE CHURCH OF VIRGIN14 BEACH, INC.,for a Modi cation of Conditions to a Conditional Use Permit re reduce the size of the building and parking area, and modify the site layout,for the parcel directly south of 2285 London Bridge Road DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA GRACE BIBLE CHURCH OF VIRGINIA BEACH,INC.,for a Modification of Conditions to a Conditional Use Permit re reduce the size of the building and parking area, and modify the site layout,for the parcel directly south of 2285 London Bridge Road (GPIN 2405700297)DISTRICT 5 The following conditions shall be required: 1. All conditions of approval attached to the Modification of Conditions granted by City Council on May 4, 2021, shall be deleted, and replaced with the following conditions. 2. When the church site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "CUP—Modification of Conditions,"prepared by WPL, date October 16, 2024, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning& Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size, and materials to the elevations entitled, "Grace Bible Church Red Mill Campus," prepared by Visioneering Studios, which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Department of Planning& Community Development. 4. The height of the proposed building shall not exceed thirty-five(35)feet in height. 5. The site shall be landscaped in substantial conformance with the concept plan entitled "CUP— Concept Landscape Plan"prepared by WPL, dated October 16,2024, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. December 10, 2024 50 ITEM— VI.L.5 PLANNING ITEMS ITEM#76490 (Continued) 6. The freestanding sign for the church shall be a monument style sign, with a total height not to exceed eight feet, and shall be in substantial conformance with the sign depicted on the exhibit entitled,"Grace Bible Church Freestanding Sign,"in terms of materials and color scheme. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning & Community Development. All signage on the site shall meet the requirements of the Zoning Ordinance. 7. All outdoor lights shall be shielded and directed downward to direct light and glare onto the premises,said lighting and glare shall be deflected,shaded, and focused awayfrom all adjoining property. All other outdoor lighting fixtures, included building mounted lights, shall not be erected any higher than fourteen (14)feet. 8. The plan for complying with the Stormwater Regulations submitted to the Development Services Center at Site Plan Review shall be in substantial conformance with the preliminary plan design and strategy for achieving compliance as submitted and preliminarily reviewed by Staff, unless otherwise approved by the Development Services Center. 9. The applicant shall obtain all necessary permits and inspections from the Planning Department Permits&Inspections Division and the Fire Department. 10. Parking lot must be at current grade with adjoining property. 11. Existing vegetation on site shall remain. This Ordinance shall be effective in accordance with Section 107(t) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 100 day of December Two Thousand Twenty Four. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 R20 12 01 R20 3 - AG2 RI20 R20 01 AG2 AG2 Wff -- e -2 Ondg00 .— Q Q OQ 1 44z ;>� o QQ Pi QQ Q''. P1 �3 � o asP1 Pi 0 �41 oo QQ Q O �Q *AIR* 01 Q� Q O K/1 AG2or QQ O �--, QQ 0 ;10 R2*0 R20 QQ Q 1/U R40- R1< Q Q oo w 0 QQ o 0 A ORTO �0o O c RT R,51 R -0�' O o QQ QQ R a, a O a O O RTO�- Tu IR,1-0 R-1-0 X N Site Grace Bible Church of Virginia Beach Inc. w E Property Polygons Parcel directly south S Zoning of 2285 London Bridge Road Feet Building 0 4080 160 240 320 400 480 51 ITEM— VI.L.6 PLANNING ITEMS ITEM#76491 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS PROFFERED, AS CONDITIONED, BY CONSENT, application of FRANKLIN GROUP COMPANIES, LLC/ TAA CORPORATE CENTER OFFICE PROPERTY, LLC,for a Conditional Change of Zoning from B-2 Community Business to Conditional 0-2 Office District and a Conditional Use Permit re housing for seniors & disabled persons and a Variance to Section 4.4(b) of the Subdivision Regulations for a portion of 5366 Virginia Beach Boulevard DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA FRANKLIN GROUP COMPANIES,LLC/TAA CORPORATE CENTER OFFICE PROPERTY, LLC, for a Conditional Change of Zoning from B-2 Community Business to Conditional 0-2 Office District and a Conditional Use Permit re housing for seniors & disabled persons and a Variance to Section 4.4(b) of the Subdivision Regulations for a portion of 5366 Virginia Beach Boulevard(Portion of 1467680155)DISTRICT 4 The following conditions shall be required: Conditional Change ofZonin� An agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. Conditional Use Permit 1. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled"GRAND LAKE—VIRGINL4 BEACH, VA, Conceptual Development Plan", dated September 24, 2024, and prepared by Timmons Group, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted Landscape Plan entitled "GRAND LAKE— VIRGINIA BEACH, VA, Conceptual Landscape Plan", dated September 24, 2024, revised November 15, 2024 and prepared by Timmons Group", which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the two page exhibit prepared by Cox, Kliewer & Company, P.C., entitled "GRAND LAKES AGE RESTRICTED APARTMENTS, PRELIMINARY ELEVATIONS, VIRGINIA BEACHBOULEVARD, VIRGIN14 BEACH, VIRGINIA", and dated September 5, 2024, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. December 10, 2024 52 ITEM— VI.L.6 PLANNING ITEMS ITEM#76491 (Continued) 4. A 10 foot-wide landscape buffer will be provided along the property's western boundary line. This is a deviation to the 20 foot-wide Category IV screening required by the Zoning Ordinance. 5. The property, when developed, shall not exceed a total of 172 senior housing units restricted to age 62 and older. 6. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain foot-candle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type,proposed shielding, and light dimming capabilities. 7. All light fixtures on the site shall be no taller than 14 feet in height. 8. The applicant/owner shall subdivide the property. Said plat must be submitted for approval and recordation by the Department of Planning and Community Development. 9. A Phase 2 Environmental Site Assessment(ESA)shall be provided prior to the release of the final siteplan.Any remediation required shall be completed and written confirmation ofsuch remediation shall be provided to the Department of Planning& Community Development, prior to the release of any building permits. Subdivision Variance 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled "SUBDIVISION VARIANCE EXHIBIT OF APPROXIMATELY 11.892 ACRES FRONTING VIRGINL1 BEACH BOULEVARD FOR THE FRANKLIN JOHNSTON GROUP ", prepared by Timmons Group, dated 0910912024, a copy of which has been exhibited to the Virginia Beach City Council is on file with the Department of Planning& Community Development. 2. A Shared Access and Maintenance Agreement between the two subdivided properties, as depicted on the submitted exhibit referenced in Condition 1, shall be submitted with the plat to guarantee access to the rear parcel. 3. A right-of-way dedication encompassing all existingpublic infrastructure(i.e.sidewalk, power poles, turn lanes, etc.)and right-of-way improvements shall be required with the proposed subdivision of the property. December 10, 2024 53 ITEM— VI.L.6 PLANNING ITEMS ITEM#76491 (Continued) This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 100 day of December Two Thousand Twenty Four. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. `Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 IAI.$EAc� City of Vi rgi ni a B each OF ou N00 VBgov.COM ROBERT W."WORTH"REMICK CELL:(757)840-5855 COUNCIL MEMBER EMAIL:WRemickna vbaov.com DISTRICT 6 File No. 0092172 December 10, 2024 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 22-3115(I) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, Section 22- 3115(l), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the application of Franklin Group Companies, LLC, for a conditional rezoning, conditional use permit, and subdivision variance for property located at 5366 Virginia Beach Boulevard and owned by TAA Corporate Center Office Property, LLC. 2. The applicant is a client of Colliers International Virginia, LLC ("Colliers"), but I have not provided, and do not provide, services to Franklin Group Companies, LLC. 3. 1 have a personal interest in Colliers because I am an employee of the firm, and its address is 150 West Main Street, Suite 1100, Norfolk, Virginia 23510. 4. The City Attorney's Office has advised me that because I do not personally provide services to Franklin Group Companies, LLC, the Act provides that I may participate in the City Council's consideration of this application. 5. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. 2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456 Mrs. Amanda Barnes -2- December 10, 2024 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, orth Remick Councilmember RWR/RRI •!1 I/III •.•• . �s �..� �■ w=: _ram-• := • = • Ml a I' � • n� r� 1 e � �_ � �� a ■+, � II�IIIO \ . G n� �■ 1 -i m ace X�n a .r i� • �■ ` im L__.1 • o C� 1 v��j�• a♦ ATFZ � � � ��.a G�� II�♦ ` ��III•' ��. a Ij��i a •. _ �� \ �� l • �:�' � �I a ��i��,� _ • • • 1 :1 .1 1 � :1 .• 1 :11 •.1 FRANKLIN GROUP COMPANIES,LLC,a Virginia limited liability company; and TAA CORPORATE CENTER OFFICE PROPERTY,LLC,a Virginia limited liability company TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia AGREEMENT THIS AGREEMENT (this "Agreement"), made this 30 day of August 2024, by and between FRANKLIN GROUP COMPANIES. LLC, a Virginia limited liability company ("Franklin Group", to be indexed as grantor); TAA CORPORATE CENTER OFFICE PROPERTY. LLC, a Virginia limited liability company ("TAA", and to be indexed as grantor) (Franklin Group and TAA hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, TAA is the current owner of that certain parcel located at 5366 Virginia Beach Boulevard, Virginia Beach, Virginia, identified by GPlN No. 1467-68-0155-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Overall Parcel"); and WHEREAS, Franklin Group is the current contract purchaser of a portion of the Overall Parcel, as more particularly described in Exhibit B (the "Property"); and WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from B-2 to Conditional 0-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that GPIN No. 1467-68-0155-0000 Document Prepared By: Robert P.Beaman III,Esq.(VSB No.74668) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 are not generally applicable to land similarly zoned Conditional 0-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing 0-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation and use of the Property and hereby covenants and agrees that these proffers (collectively,the"Proffers")shall constitute covenants running with the said Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs,personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled"GRAND LAKE—VIRGINIA BEACH,VA, Conceptual Development Plan", dated September 24, 2024, and prepared by Timmons Group(the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. 2 2. When developed, the landscaping on the Property shall be developed in substantial conformity with the conceptual landscape plan entitled "GRAND LAKE — VIRGINIA BEACH, VA, Conceptual Landscape Plan", dated September 24, 2024, revised November 15, 2024, and prepared by Timmons Group (the "Conceptual Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. 3. The quality of architectural design and materials of the mixed use buildings constructed on the Property, when developed, shall be in substantial conformity with the two-page exhibit prepared by Cox, Kliewer & Company, P.C., entitled "GRAND LAKES AGE RESTRICTED APARTMENTS, PRELIMINARY ELEVATIONS,VIRGINIA BEACH BOULEVARD,VIRGINIA BEACH,VIRGINIA", and dated September 5, 2024 (the "Conceptual Elevation"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and is incorporated herein by reference. 4. The number of multifamily residential units located on the Property,when developed,shall not exceed a total of one hundred seventy-two(172). 5. The final stormwater management plan submitted to the Development Services Center (DSC)during the site plan review process for the development of the Property shall comply with applicable City Stormwater Management ordinance(s). 6. In lieu of the twenty foot (20') wide landscape buffer that would otherwise be required under Section 803(b)of the City Zoning Ordinance,a ten foot(10')wide landscape buffer will be provided along the Property's western boundary. 7. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto,refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that(1)the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach,Virginia to administer and enforce the foregoing conditions,including(i)the ordering in writing of the remedying of any noncompliance with such conditions, and (ii)the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3)if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code,the CZO or this Agreement,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded 3 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: FRANKLIN GROUP COMPANIES,LLC, a Virginia limited liability company By: Name: rr- AI Its: Manager STATE/COMMONW EALTH OF CITY/COUNTY OF L ,to-wit: The foregoing instrument was sworn to and acknowledged before me this�' day of U 5.4- , 20 1�t_, by ,Tay jat!:r wK/i n , in his capacity as Manager of Frankli i Group Companies, LLC, a Vrginfa limited liability company. He is either personally known to me or has produced evidence of identification. / Witness my hand and official stamp or seal this� ay of�,20;-_L/. �n Notary Public (SEAL) My Commission Expires: D��t �03� ^Barbara Maureen Byrnes Notary Public Registration Number: 0!o g a0 Reg#7069820 g Commonwealth of Virginia 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: TAA CORPORATE CENTER OFFICE PROPERTY,LLC, a Virginia limited liability company By: 0 Name: r`(C cive, Its: IA�'tSI c�.l�tt CTATDCOMMONWEALTH OF IAA n 6 CITY OUNTY OF Um6e*`oLki 4 ,to-wit: The foregoing instrument was sworn to and acknowledged before me this �. . day of Se Ion 20?J by Lyj (_ / in his/her capacity as _Pn&i clan* of TAA Corporate Center Office Property, LLC, a Virginia limited liability company.He/she is either personally known to me or has produced evidence of identification. Witness my hand and official stamp or seal this 5 day of SQ,��i , 202 Notary Public (SEAL) My Commission Expires: nlDV-erhkr 15 2Dl�j Registration Number: ' KELLY COLLINS NOTARY PUBLIC State of Maine My Commission Expires November 15,2026 5 EXHIBIT A Legal Description of Overall Parcel ALL THAT certain lot, piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia being presently known and numbered as 5366 Virginia Beach Boulevard and bounded and described as follows: BEGINNING at a pin in the northerly line of Virginia Beach Boulevard which pin is also at the southwesterly corner of the property herein conveyed and at the southeasterly corner of property now or formerly belonging to Lexington Realty Corp. and running thence along the said northerly line of Virginia Beach Boulevard S. 59 degrees 08' E. 418 feet to a pipe in said northerly line of Virginia Beach Boulevard and in the center of a ditch; thence leaving the line of Virginia Beach Boulevard and running along the center line of a ditch N. 17 degrees 22' E. 1948.73 feet to a pipe; thence along the center line of a ditch N. 59 degrees 00' W. 249 feet to a pin; thence S. 17 degrees 43" W. 495.2 feet to a pin; thence N. 73 degrees 06' W. 20 feet to a pin; thence S. 16 degrees 54" W. 567.9 feet to a pin; thence S. 27 degrees 10' W 859 feet to a pin;the point of beginning,said parcel containing 12.97 acres, more or less, a part of Section 8, as shown on the plat of`Browne Estate", recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 1, at page 5-B. LESS, SAVE AND EXCEPT that certain parcel of land containing 0.978 acres, more or less, conveyed to Haynes Furniture Company, Incorporated,by Deed from Leonard R. Strelitz, et al., dated October 1, 1972, and recorded in the aforesaid Clerk's Office in Deed Book 1309, at page 577, and further designated as Parcel "A" on that certain plat entitled "Survey and Property for Leonard R. Strelitz and Joseph H. Strelitz", recorded in the aforesaid Clerk's Office on October 30, 1972, in Map Book 94, at page 12. LESS, SAVE AND EXCEPT that certain parcel of land containing 0.237 acres, more or less, conveyed to the Commonwealth of Virginia for the widening of Virginia Beach Boulevard by Deed from Leonard R. Strelitz and Haynes Furniture Company, Incorporated, dated August 8, 1989, and recorded in the aforesaid Clerk's Office in Deed Book 3873, at page 1967. It being the same property conveyed to TAA Corporate Center Office Property, LLC, a Virginia limited liability company, by deed dated March 15, 2010, from Tidewater Automobile Associations of Virginia, Inc., and recorded in the aforesaid Clerk's Office April 2, 2010 as Instrument Number 20100402000307980. 7 EXHIBIT B Legal Description of Property Commencing at a point at the southeast intersection of Virginia Beach Boulevard and Wexford Drive; thence along the northern right-of-way line of Virginia Beach Boulevard S43°40'57"E a distance of 22.47 feet to a point; thence N25°27'47"E a distance of 6.00 feet to a point; thence S64°32'13"E a distance of 570.36 feet to a point; thence leaving said northern right-of-way line of Virginia Beach Boulevard N21°37'45"E a distance of 757.76 feet to a point; said point being the True Point and Place of Beginning; thence N21°37'45"E a distance of 75.64 feet to a point; thence NI 1°29'54"E a distance of 573.67 feet to a point; thence S78°20'38"E a distance of 20.01 feet to a point; thence N12°21'27"E a distance of 481.33 feet to a point; thence S64°3245"E a distance of 249.10 feet to a point; thence S 11°57'36"W a distance of 1225.05 feet to a point; thence N64°32'45"W a distance of 93.80 feet to a point; thence N21°37'45"E a distance of 99.14 feet to a point; thence N68°22'15"W a distance of 201.96 feet to the True Point and Place of Beginning, having an area of 296,332 square feet or 6.803 acres. Together with an easement for ingress and egress Commencing at a point at the southeast intersection of Virginia Beach Boulevard and Wexford Drive; thence along the northern right- of-way line of Virginia Beach Boulevard S43°40'57"E a distance of 22.47 feet to a point; thence N25°27'47"E a distance of 6.00 feet to a point; thence S64°32'13"E a distance of 769.54 feet to a point; said point being the True Point and Place of Beginning; thence leaving said northern right-of-way line of Virginia Beach Boulevard N20°49'30"E a distance of 109.74 feet to a point; thence N17°53'54"E a distance of 190.31 feet to a point; thence with a curve turning to the right with a radius of 895.00 feet, an arc length of 159.58 feet, a chord bearing of N23°00'23"E, and a chord length of 159.37 feet to a point; thence with a curve turning to the left with a radius of 2603.72 feet, an arc length of 213.46 feet, a chord bearing of N25°45'57"E, and a chord length of 213.40 feet to a point; thence S64°32'45"E a distance of 30.02 feet to a point; thence with a curve turning to the right with a radius of 2633.72 feet, an arc length of 214.85 feet, a chord bearing of S25°46'38"W, and a chord length of 214.79 feet to a point;thence with a curve turning to the left with a radius of 865.00 feet, an arc length of 154.23 feet, a chord bearing of S23°00'23"W, and a chord length of 154.03 feet to a point; thence S17°53'54"W a distance of 191.08 feet to a point; thence S20°49'30"W a distance of 112.94 feet to a point on the northern right-of-way line of Virginia Beach Boulevard; thence along said northern right-of-way line of Virginia Beach Boulevard N64°32'13"W a distance of 30.10 feet to the True Point and Place of Beginning, having an area of 20,193 square feet or 0.464 acre. 8 54 ITEM— VI.L.7 PLANNING ITEMS ITEM#76492 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED,BY CONSENT,application of TIFFANY COREY-BROWN/FIRST THURSTON, LLC,for a Conditional Use Permit re day-care center at 5701 Thurston Avenue, Suite 103 DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA TIFFANY COREY-BROWN/FIRST THURSTON,LLC,for a Conditional Use Permit re day-care center at 5701 Thurston Avenue, Suite 103 (GPIN 146903 72 79)DISTRICT 4 The following conditions shall be required: 1. The hours of operation for the Day-Care Center shall be 6:30 a.m. to 6:00 p.m., Monday through Friday. 2. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window or on the doors. A separate sign permit shall be obtained from the Department of Planning& Community Development for the installation of any new signs. 3. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Day-Care Facility license will result in revocation of the Conditional Use Permit. 4. The proposed playground area shall be fully enclosed with a six (6)foot tall vinyl privacy fence with evergreen shrubs reaching five to six(6)feet at maturity. 5. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the building as a Day-Care Center. 6. The ultimate occupancy load shall be subject to the approval of the Building Official's Office, as required by applicable building codes, and as noted on the Certificate of Occupancy and posted by the Fire Marshal. This Ordinance shall be effective in accordance with Section 107(/) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 10`h day of December Two Thousand Twenty Four. December 10, 2024 ss ITEM— VI.L.7 PLANNING ITEMS ITEM#76492 (Continued) Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 i 11 11 �r ''- R7.5 R7.5 � CL `c 11 11 l o, IE o 1 0 a N Tiffany Corey-Brown W Site 5701 Thurston Avenue, Suite 103 S Property Polygons Zoning Feet Building 0 25 50 100 150 200 250 300 56 ITEM— VI.L.8 PLANNING ITEMS ITEM#76493 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of JD ENTERPRISES VA, LLC DBA ATLANTIC RENTAL HOMES/LEI XU for a Conditional Use Permit re short term rental at 903 Pacific Avenue, Unit C DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JD ENTERPRISES VA, LLC DBA ATLANTIC RENTAL HOMES/LEI XU for a Conditional Use Permit re short term rental at 903 Pacific Avenue, Unit C (Adjacent GPIN.- 242 724441109 70)DISTRICT 5 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 903 Pacific Avenue, Unit C and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)SIR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five(5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. December 10, 2024 57 ITEM— VI.L.8 PLANNING ITEMS ITEM#76493 (Continued) 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one(1)hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to note the new property owner of requirements `a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6)months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least 1- Million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71(noise), 31-26, 31-27 and 31- 28 (solid waste collection), 12-5 fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except that each short term rental shall have one(1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least 1-Million underwritten by insurers acceptable to the City. December 10, 2024 58 ITEM— VI.L.8 PLANNING ITEMS ITEM#76493 (Continued) 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16,provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3)• 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen)and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 20. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 100 day of December Two Thousand Twenty Four. December 10, 2024 59 ITEM— VI.L.8 PLANNING ITEMS ITEM#76493 (Continued) Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 OR OR OR 5S OR OFF OFF Street - -- ,_street a R5-S OR OR R5S �• R5S A Al ` O,R cv - - No street _ OR folk Avenue ,; gth RT3 RT3 5 R5S� `lam✓/, � N W E F/1-3 site JD Enterprises VA, LLC S . Property Polygons DBA Atlantic Rental Homes Zoning 903 Pacific Ave, Unit C Feet Building 0 25 50 100 150 200 250 300 60 ITEM— VI.L.9 PLANNING ITEMS ITEM#76494 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED,BY CONSENT, application of CHARLES YOUNG/CHARLES A YOUNG for a Conditional Use Permit re short term rental at 933 Pacific Avenue, Unit D DISTRICT S BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CHARLES YOUNG/CHARLES A YOUNG for a Conditional Use Permit re short term rental at 933 Pacific Avenue, Unit D (GPIN 242 7244411121 S)DISTRICT S The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 933 Pacific Avenue Unit D, and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)SIR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwellingfor Short- Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. S. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1)hour. December 10, 2024 61 ITEM— VI.L.9 PLANNING ITEMS ITEM#76494 (Continued) 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6)months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit;and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least 1-Million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the ZoningAdministrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one(1)rental contract for every seven(7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least .1-Million underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. December 10, 2024 62 ITEM— VI.L.9 PLANNING ITEMS ITEM#76494 (Continued) 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 18. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process.Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 100 day of December Two Thousand Twenty Four. December 10, 2024 63 ITEM— VI.L.9 PLANNING ITEMS ITEM#76494 (Continued) Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 OR OR R5SAJOR OR OR OR R5S� e et OR �,- R5S OR R5S R5S OR DR A18 OR eet OR mom I�oo th StC k Avenue 9 RT.3,R�T�3 -- _ � RT3o T3 R5.S OR OR �RSS N Charles Young W ® site 933 Pacific Avenue, Unit D S Property Polygons Zoning Feet Building 0 25 50 100 150 200 250 300 64 ITEM— VI.L.10 PLANNING ITEMS ITEM#76495 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of LAKEWOOD HOME BUILDERS / MAH INVESTMENTS,LLC for a Conditional Use Permit re indoor recreation facility at 2000 Virginia Beach Boulevard DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4 LAKEWOOD HOME BUILDERS / MAH INVESTMENTS, LLC for a Conditional Use Permit re indoor recreation facility at 2000 Virginia Beach Boulevard (GPIN2407369317)DISTRICT 6 The following conditions shall be required: 1. Operation of the Indoor Recreational Facility shall be in substantial conformance with the site layout plan entitled "BUILDING ADDITION SITE PLAN OF EAST COAST APPLICANCE—2000 VIRGINIA BEACH BOULEVARD—PARCEL C-3AA —LAYOUT& PLANTING PLAN, DRAWING NO. C-3.1", dated April 15, 2013, Plot Date: October 12, 2015,prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy prior to commencing operation. 3. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All exterior building signage shall comply with the requirements of the City Zoning Ordinance unless authorized by the Board of Zoning Appeals. This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 100 day of December Two Thousand Twenty Four. December 10, 2024 65 ITEM— VI.L.10 PLANNING ITEMS ITEM#76495 (Continued) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse December 10, 2024 Al OF ❑ o' _ ❑—Al2 - �� Al2 Al2 ❑v � B2 B2 a L - - B2 B2 a B2 B2 ❑ = B2 ❑ 0 0 264, 26 ginia-B_each_B-oulevard --_ B2� B2 N ® site Lakewood Home Builders W-*E ❑ Property Polygons 2000 Virginia Beach Boulevard s Zoning Feet ❑ Building 0 25 50 100 150 200 250 300 66 ITEM— VLM APPOINTMENTS ITEM#76496 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CHESAPEAKE BAY AREA PRESERVATIONBOARD COG REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD EASTERN VA REGIONAL INDUSTRIAL FACILITYAUTH. GREEN RIBBON COMMITTEE HEALTH SERVICES AD VISOR Y BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HOUSING ADVISORYBOARD RESORT ADVISORY COMMISSION STORMWATER MANAGEMENT IMPLEMENTATIONADVISORY GROUP VIRGINL4 BEACH CANNABIS ADVISORY TASK FORCE VIRGINL4 BEACH COMMUNITYDEVELOPMENT CORPORATION December 10, 2024 67 ITEM— VI.M APPOINTMENTS ITEM#7649 7 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: CORTNEYM.DOUCETTE Unexpired term thru 613012026 ARTS AND HUMANITIES COMMISSION December 10, 2024 68 ITEM— VI 0 NEW BUSINESS ITEM#76498 Mayor Dyer advised this is the last City Council meeting with Council Members Taylor and Wooten who will be moving on and expressed his sincere appreciation for their service and contributions and asked if they would like to provide any comments. Council Member Wooten expressed she is pleased to announce this is her last meeting with the Body as her term will end on December 31'' Council Member Wooten advised she did not run to be reelected to represent District 7 and instead chose to run for Mayor to effect a positive change in local government. Council Member Wooten advised that although she was unsuccessful in the election, she is excited for her next chapter. Council Member Wooten reflected on her past six (6)years of service and highlighted her work with communities, support for local businesses, addressing homelessness, advocating for emerging artists and the first Independent Citizen Review Board. Council Member Wooten expressed her appreciation to citizens who supported her, staff and her husband and added, she will continue her work to support and advocate for local businesses,youth, homelessness and emerging artists. Council Member Taylor expressed his appreciation to God for allowing him to serve, to his parents who taught him to be genuine and authentic and his grandmother who was the first African American to work at the historical Francis Land House. Council Member Taylor shared a favorite quote from Rosa Parks, "to bring about change you must not be afraid to take the first step, we will fail when we fail to try", expressing it has been an honor to serve the City and the 44,000 residents in District 8 and went on to express his appreciation to the Body, staff, and his family for all of their support. Council Member Taylor advised he would like to share one more quote from Denis Waitley for anyone who seeks to enhance the City, "There are two primary choices in life: to accept conditions as they are and exist or to accept the responsibility for changing them". Mayor Dyer thanked both Council Members for their friendship and contributions to the City. Mayor Dyer advised it takes a team and part of the team is Sergeant Filippone, who has served as City Hall Operations Sergeant. Mayor Dyer advised tonight is also his last meeting as he has been promoted to Lieutenant and will be leaving to serve in a new position. Mayor Dyer invited Sergeant Filippone to come forward to receive a token of their appreciation for his service. Council Member Schulman presented Sergeant Filippone with a framed photo of City Council and advised each Council Member has written a message on it for him. Council Member Schulman congratulated him on his promotion and expressed his appreciation to Sergeant Filippone for all that he has done to ensure the Body's safety and for being a wonderful person. Sergeant Filippone expressed his appreciation to the Mayor and City Council for all of their continuous support. December 10, 2024 69 ADJOURNMENT ITEM#76499 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSIONADJOURNED at 7.14 P.M. Terri H. Chelius Chief Deputy City Clerk Am a harnesl, MkC Robert M.Dyer City Clerk Mayor City of Virginia Beach Virginia December 10, 2024