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HomeMy WebLinkAboutJANUARY 21, 2025 INFORMAL AND FORMAL SESSION MINUTES f11ii, $� �.�OUN NPt. VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia JANUARY21, 2025 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, January 21, 2025, at 12:30 P.M. Council Members Present: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse-Maternity Rosemary Wilson- Vacation 2 CITY COUNCILS BRIEFINGS GENERAL ASSEMBLY UPDATE ITEM#76558 12:31 P.M. Mayor Dyer welcomed Brent McKenzie, Legislative Affairs Director. Mr. McKenzie expressed his 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 Mr. McKenzie for the presentation. January 21, 2025 ��4G�rt1A`DEgc�? L 4 2025 General Assembly Week • update LegislativeBrent McKenzie, Affairs Director 2025 General Assembly Update Today's update: • Status of Legislative Agenda items • Legislation of interest • Budget amendments • Bill position requests Goal of today's presentation is to provide an update on the General Assembly session and to ascertain the Council's position on key bills coming up for a vote. 2 VB I Bill & Patron "Good Friday" First Responders Fund HB 2494 Delegate Askew SB 972 Reported from General Laws and Technology and rereferred to SB 972 Senator Rouse Finance and Appropriations (15-Y 0-N) ABC Store Larcenies HB 1925 Delegate Ward HP 1 q25 t., he heard in r'r rmmittee Tuesdav afternoon SB 1297 Senator Craig SB 1297 Referred to Committee on Rehabilitation and Social Services increase the Fire Programs Fund HB 2069 Delegate Garrett Assigned L&C sub: Subcommittee #1 Property Title Report in Eminent HB 1690 Delegate Convirs-Fowler Reported from the Civil Subcommittee 7-1 and from the Courts of Domain Proceedings Justice Full Committee 22-1; Will be on the House floor for a full vote this week Obstruction of Right-of-Way Violations HB 1966 Delegate Tata Failed to pass the Counties, Cities, and Towns Subcommittee#3 by a 5-3 vote Short-Term Rental Delisting HB 1688 Delegate Convirs-Fowler Likely to be heard in Counties, Cities, and Towns Subcommittee on Friday Zero Waste Awareness Week HJ 446 Delegate Feggans Committee Referral Pending Legislation of interest Legislation of Interest Bill and Patron Update Mass Violence Care Fund established - - - • = • •• '• • • • • • Telework by local government employees - - ' •- �' ' '• • • Charter;City of Virginia Beach.Amends the charter for .: - -:. - • • • • • •"• '•• the City of Virginia Beach to reflect the City's transition to a city council consisting solely of single-member districts and the mayor. Zoning; by-right multifamily development in areas zoned - • - • -. • -•• •- - -. • • for commercial use Statewide housing targets;requires localities to - • '• • "•• •' "• • ' ' increase their total housing stock Real property tax exemption;surviving spouses of :•: - -• . • - • - . -•• members of the armed forces who died in the line of duty.Clarifies that the exemption is available when such deaths were the result of suicide. Sales and use tax,local;additional tax authorized in all • -. - counties and cities to support schools • gab • Ah • Ah Ah • • • Workforce Development Delegate Bloxom This amendment provides $500,000 for the Hampton Senator Rouse Roads Workforce Council to launch the Regional Healthcare Talent Pipeline program Virginia Aquarium & Marine Senator DeSteph This amendment provides $10.0 million GF the first year to the Science Center City of Virginia Beach to support the renovation and expansion Renovation/Expansion of the Virginia Aquarium Stormwater Local Assistance Delegate Bulova This amendment provides $50.0 million gf for the Fund Stormwater Local Assistance Fund Workforce Development Delegate Feggans This amendment provides $1 .0 million to the Department of Energy to establish the Offshore Wind Industry Workforce Program Economic Development Delegate Price This amendment provides $5.0 million for the Department Senator Locke of Housing and Community Development to award economic development grants in designated Military Community Zones • Alk • • • • • • Delegate Askew $3,000,000 the second year from the general fund is provided to the City of Virginia Beach to support the Virginia African American Cultural Center Delegate Askew $500,000 provided to the Emergency Response Exposure Grant Fund to initiate a pilot program with the City of Virginia Senator Rouse Beach and provide grants to other eligible localities consistent with the provisions of§9.1-600, Code of Virginia Delegate Knight $18,970,000 provided to raise and make upgrades to Pungo Ferry Road in Virginia Beach to address frequent flooding issues on the road Senator DeSteph $10,000,000 provided to the City of Virginia Beach for water and wastewater infrastructure projects $1,000,000 provided to the City of Virginia Beach for the construction, maintenance, and improvement of bike trails. $5.0 million from the general fund for City of Virginia Beach information technology systems modernization Delegate Askew $75,000 provided to the City of Virginia Beach to replace or rehabilitate basketball courts and for programming at Delegate Feggans College Day Park. $200,000 to Virginia Beach to develop a multipurpose sports court, suitable for basketball, volleyball, and pickleball, for residents of the Hallow by Samaritan House Delegate Tata $2,500,000 from the general fund each year to support the Virginia Military Community Infrastructure Grant Program. The program provides matching grants to military communities competing for Department of Defense grants in support of military infrastructure related projects Delegate $3,000,000 the second year from the general fund is provided to support payment for cancer screening for full-time McQuinn firefighters employed by local governments Delegate This amendment provides $50.0 million from the general fund in fiscal year 2026 to continue support for the City of Hernandez Norfolk's Coastal Storm Risk Management Project HB 2153 Faith and housing; comprehensive plan; zoning; Department of Housing and SB 1178 Community Development. Grants authority to localities to adopt a variety of strategies intended to encourage and facilitate the development of affordable housing on property owned by religious organizations ortax-exempt nonprofit organizations. The bill allows localities to request administrative support from the Department of Housing and Community Development in the preparation of a faith and housing ordinance. HB 2029 Real property tax; exemption for elderly and disabled individuals. Revises various provisions of the local real property tax exemption and deferral program for elderly and disabled individuals. The bill allows a locality to require that an individual (i) pay all delinquent taxes, penalties, and interest assessed by the locality and incurred prior to becoming eligible for an exemption or deferral, (ii) enter into an installment agreement with the locality for the payment of all such delinquent amounts in installments over a period that is reasonable under the circumstances, but that in no event shall exceed 72 months, (iii) enter into an agreement to settle and pay for less than the full amount of delinquent taxes, penalties, and interest, or(iv) a combination thereof. Additionally, the bill provides that the treasurer of any county, city, or town may include notice of the terms and conditions of the exemption and deferral program in any notice of change in assessment and shall post such information on the locality's website. Finally, the bill allows a locality to provide a prorated exemption or deferral for the portion of the taxable year during which the taxpayer would have qualified for such exemption or deferral but had not yet filed an application. SB 974 Subdivision ordinance; plan review by designated agent. Removes planning commission and governing body approval authority for the administrative review process for plats and plans and assigns such authority solely to a designated agent HB 2331 Chesapeake Bay Preservation Areas; acceptance of signed and sealed plan in lieu of Local plan review. Authorizes a locality subject to the provisions of the Chesapeake Bay Preservation Act to accept a set of plans and supporting calculations prepared by a licensed professional, as described in the bill, for any land-disturbing activity that disturbs 2,500 square feet or more but less than one acre in an area of a locality designated as a Chesapeake Bay Preservation Area. The bill provides that such plans and supporting calculations shall satisfy the requirement that the locality retain a certified plan reviewer or conduct a plan review. SB 1294 Regional emergency medical services councils. Provides that 55 percent of certain funds HB 2616 distributed to the Department of Health from motor vehicle registration fees shall be distributed to the designated regional emergency medical services councils for their operational support. The bill also specifies that there shall be 11 designated regional emergency medical services councils. Under current law, there is no specified number. Discussion & Questions I 9vB 3 CITY COUNCILS BRIEFINGS B UR TON S UBS TA TION UPDATE ITEM#76559 12:50 P.M. Mayor Dyer welcomed Sean Doherty, Senior Communications Specialists and Rick McLean, Project Manager—Dominion Energy. Mr. Doherty expressed his 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 Mr. Doherty and Mr. McLean for the presentation. *Council Member Henley left the meeting at 1:02 P.M.for a previously scheduled appointment January 21, 2025 Burton — VA Beach ( Line 27) 115 kV Electric Transmission Line Rebuild Project Update Virginia Beach City Council Meeting January 21, 2025 P 00�" Dominion Energy Project Overview Line 27 is a 115 kilovolt (kV) electric transmission line in north Virginia Beach running from the Burton Substation to the Bayside Substation, then Long Creek Substation, then Bains Store Substation, and ending at the Virginia Beach Substation. ■ This project is necessary to replace aging infrastructure and maintain reliable service for our customers. ■ Uses existing right of way corridor. 0 12.7 miles long 's} Dominion Energy 2 Additional Project Context ■ After nearly five decades of dependable service, the existing structures and components of Line 27 are at the end of life and need to be replaced. ■ Pole inspections revealed degradation of wooden structures from decay and woodpecker damage. Salt contamination also requires replacement of transmission equipment. ■ 187 wooden structures will be replaced with steel structures. Some existing concrete and steel poles will remain, but most will be replaced. ■ Distribution power lines are on most of these electric transmission structures and will continue to be. Energy 3 9 Construction Schedule *Pending weather and progress PRECONSTRUCTION • March—May 2025: Access,staking new structure locations,forestry LONG - Substation CREEK so CONSTRUCTION N 66 Shoe or � Phase 1 PHASE 1: Burton—Bayside pan a��d Broad Phase 2 ■ April 2025—September 2025 BURTON No�`"am Bay BAYSIDE � Phase Lake PHASE 2: Long Creek—Bains Store 13 smith �' gAINS Phase ■ September 2025—April 2026 'ST ORE PHASE 3: Bains Store—Virginia Beach 64 z r ■ April 2026—September 2026 o VIRGINIA c8 BEACH Z m PHASE 4: Bayside—Long Creek o ■ September 2026—December 2027 58 64 This map is intended to serve as a representation of the project area and is not intended for detailed engineering purposes. Dominion 4 Energy, Community Communications-to-Date Crews Will �� � BURTON-VA BEACN 116.gev.n Iwl r Be InYour TPAN6MISSION LINE PEBUILD PPOJECT ATGOMINIO ENERGY,.eremmminedn, Sorr Burton-Virginia Beach Surveying and Inspection for 115 Kilovolt(kV)Transmission Line and Structures o meme^�r�mam,'e,,lth< - wa a,e rcgpamrrg your p•,Ima.ion to ppna,at At Dominion Energy,we provide the reliable, p" TuMNien real a:trio xuyidea on your propem. .Nord.ble..nd.........glyclean energy that �r: +�.. - We Misse SURVEYING Theca emivdie°will M1SlP u.Bathe,inlormafron power.our customer.every day,Youare Tneeieis lam. Project xawing this poalca.db.causew.ara ,A.on ACTIVITIES You gesesalnp`M1eBe dxepa we le dram vying thright of way t` JANUARY-FEBRUARY roxa locmiom.which may im:lude Omcirq small Announcement -mol.r b•tw•enth Bu,ton '� "ZiZ1A OF ACH VIRGINIA T.P'mmnmo i.Prola`lru a •ease 0.2 flags within the Proposed righ a way and Virginia Bsach substations f ,(� I t anaa.t 1 tt to •ruing amen naoeon proPeny comer Ixat.d in the City.f Virginia 'g , Crews will mark areas an yna,P.aP.d Property Mailer M_ I ach,vi.gmta {' - with flags and stakes II gr<haeolog m tam.at m. Y..r.wa..aan.nw.a. era Through F.bruary 2D24 you ,{ \BE11GM UAL Door Hanger January 2024 PI wbi U I EnaayY may nonce Domtmon Energy 8 craws and tOnhxtola • 1 CONT b iwl I be.n mory ril 2024 selttg the right of way on Ap ■ ' ` --- II p g9t-0190 d'o n ma to foot or in fight tduty vahlclea Survey ectrrttte. 11 PH ONE.ACT pawmgne+eominionor.Nytom-a 'nalude asking.flags.", ad nor;y��,yroe,,,.,,H,,.,w,,,.,o,:»✓„r„�.,•, ... w•+w✓v.a..aOur x1far ".P.",end Priv th appro mataly/3- I.long right of way. IM1•na ron In an..rr,n ro.rnaPonnrnP ro cola...ones.. m.Your Peraci mron is Vrcxlyry The•aetivitm are in pr.parafm for A proi.tt itwohieg th aPPrevno-d. .Kfsting 115 kilovolt(kV).lectrie tramnibution tin.. Protesting the grid ngnan,natural and.° urAd.ecta CONTACT US i.e top priority,You can learn coo re a bout our commrtment weesn..pow.nm.slm•damlMon.n.revram Thank you for Your patience and unAsndnding as we work to.af.tyat Pow•dinnlol.dummlon•A,gy."an. Paan.. gee i9t.otaa to tomphroe surveying in this area. FmNI: pew•nm•.emmml•rmnmgY<om R'� N LocalPower Project XP mxtss.s B^^wlbn Energy Burton-Virginia Beach 115 Kilovolt(kV)Electric Transmission Line Rebuild Project �Dominion At Daminian Energy.we.r.t nnIttPd to Providing N\ N LONG _., aarnw.n Powerbrg VnrrE 9yYDaY. the relbblaaaordebleand incre..ingIV clean en orgy ` CREEK w _ TENTATIVE that power,our nmtomM ,"day.You.1. _ •n„°r` - _N+r' CONSTRUCTION taalvingthla pantu•,d beaus.w..,.planning to Pn�J Project Update rebuild eppr im I.Iy 10 m BURTON TIMELINE II•.of.ging 1IS kll.—It BAVSI.E _ a w, (kV)ela&H,trAnamisslon Ifne between our Burton and ,,.,y, PNA.E t.BIIPTIXJ-BAYSmf Mailer VI,giM.Bath subsstions loa.ted in N t (] 0 th.City of Virginia B..th.Vbginl.. j BMW Spring/Summer 2025 Aft an nearly rive decade.of dependable ; 1 IN0..E 3:LONg CREEK-RAINS.TORE August 2024 ic..th..ai.tilsg.wc,uro P nd F.112D25/Wlnsr2026 [D tompon..I a fth•andoftheir •�VILAINIA PHASEf:Bar...TO.E-VA BEACN Project Websito ca fit..nd Iwsd to b.repi...d. BEACN SpOng/Sum..2026 via aIr.propo.ttp to mWid th. PHASE A.SAYSIDE-LONG CREEK `..trood.n>P1..nattar..with AS Fall 2WBJWIn1er2027 January 2024 ier gsalmonopolaa.Thi, proiact will be completed in ph.A... Conar,uttion Jor all/ourpnasea E.diar this year,our c......rveyed the right of way u.apacmdta....dam con 2027 on foot or in fight duty vehicles.An.,.[[nac....ry www.dominionenergy.com/burton- '.rmlt.and•pprov.I........ived,w•gl.n to begin pracon.truation annuities. P,ot.cting lh grid against natural and m.n-med.sofa CONTACT US w.will update you.s this Proi•at progr.a••s.Thank Is A top priority.You can learn more About..... itment to safety weeau.pawmlrre.tal+emmrnnn•........ v i rg i n i a-beach you for your p.tianta and undxtanding ea we work to at powadines101.dnminionenergy.c.m. PM1en.: MB-191.O1W m.inLin 1• 4,r•liabilHy I...11 our-litom Emeg: pww.rlln.weominronm.rvY<ern Energy, 5 PW • • Simulations • BURTON TO Photo Location Map Dominim VIRGINIA BEACH Energy, Dominion 6 3 �h4 s SMIiH �? - /r efl i1•. ihN�� '�� •� BAINS STORE ' � �._,x,;,. SUBSTATION 4,r;ram,., a:��. :r ;wrr:wsynr, � t Photo Simulations — Northampton Boulevard NIIIIIIIIIIIN BURTON TO Viewpoint 1 r VIRGINIA BEACH �•. _ •_•..__��. „u .>, % Energy Transmission Line Project o •� _ ,, I I k ExISTWO CONDITIONS r j.. _ PROPOSED CONDITIONS PW Dominion � OW Energy, Photo Simulations — North Great Neck Road BURTON TO .�� Viewpoint 2 Y ���`� � Dominion VIRGINIA BEACH ow . ., an_. av / Energy Transmission line Project I i .�. EXISTING OONomONs i S �y i s ! { PROPOSED COMMONS Dominion 8 Energy, Photo Simulations — West Great Neck Road BURTON TO Viewpoint 3 Dominion VIRGINIA BEACH �....«. % Energy Transmission Line Project • `^ J� i EXISTING CONDITIONS boom a�( I PROPOSED CONDITIONS Dominion Energy, 9 Next Steps ■ Meet with Bayfront Advisory Commission (scheduled — 2/20/25) ■ Meet with Bayville Farms Dog Park Group (awaiting response) ■ Community Open House for Phase 1 (2/20/25, Bayside Baptist Church) ■ Preconstruction activities awareness mailer (targeted for late February) ■ Additional engagement as phases progress *Previously met with Friends of Live Oaks and Bayfront Advisory Commission Leadership P,j Dominion 10 Energy, c o• C� a GW 06 ccif ,�`\ Thank you for your time ! Connect with us if you have questions or feedback: Sean Doherty: 804-629-6851 sea n . r.doherty@dominionenergy.com Dominion 12 Energy' 4 CITY COUNCILS BRIEFINGS SHORT-TERM RENTAL TASK FORCE UPDATE ITEM#76560 1:05 P.M. Mayor Dyer welcomed Andy Cohen, Chair, Kimberly Denton, Vice Chair—Short-Term Rental Task Force and Kevin Kemp, Zoning Administrator — Planning. Chair Cohen expressed his 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 Chair Cohen, Vice Chair Denton and Mr. Kemp for the presentation. January 21, 2025 G '�x ���"� ��•�rrJ+ -'� ,re; ��'�S it`b "''" °��'" `ly�w�,t�ib';�e��x �r °�"� `".i P�!,r� 1IBM 4 a� 4 3 'v SHORT TERM RENTAL ENFORCEMENT TASKFORCE January 21, 2025 CITY COUNCIL BRIEFING Andrew Cohen, Chair Kimberly Denton, Vice Chair Kevin Kemp, Zoning Administrator BRAMAIWAM City Council Resolution In December 2023, the City Council created the Short Term Rental (STR) Enforcement Taskforce. The Taskforce objectives included: • STR rental enforcement and registration, including grandfathered properties • Recommend how to improve enforcement and registration, including recognition of STR owners who are fully regulations-compliant The Taskforce did not consider revenue enforcement, new geographic areas for STRs, nor overhauling the STR ordinance as these were beyond the Taskforce scope. 2 ve Taskforce Members Taskforce Members: Andrew Cohen, Chair Phillip Hines Page Miyares Kimberly Denton, Vice Chair John Mannarino Nancy Parker John Drescher Aric Martinez Rachel Perry Elaine Fekete Representatives from the Planning Department, the City Manager's office, the City Attorney's office, and the Commissioner of Revenue participated as subject matter experts and advisors, including: • Kevin Kemp, Zoning Administrator • Brandon Hackney, Deputy Zoning Administrator • Sherri Yanev, Short Term Rental Manager • Eric Schmudde, Chief Deputy Commissioner of Revenue • Crystal Marcus, Deputy Commissioner for Investigations Commissioner of Revenue • Victoria Eisenberg, City Attorney's Office A neutral facilitator convened the meetings and provided support to the Taskforce in developing recommendations. The Taskforce met 6 times between June and October 2024 for a total of 26 hours. 3 VB 0 Study short term rental enforcement and June July Aug Aug Sep Oct registration, including 14 19 2 23 13 11 grandfathered properties i I I i i 1 1 1 Clarifying vision Refining ideas Preparing Kickoff and values of related to key preliminary Finalizing voting on Recommendations Recommendations key topics topics recommendations / Recommend to the City Council ways to improve enforcement& registration including how to prioritize enforcement efforts and consider City recognition for fully compliant STR operators i Ty Recommendation Goals • Public safety and peaceful enjoyment • Protect renters, neighbors and neighborhoods, and homeowners • A less burdensome process for operators and the City • Improved, proactive enforcement • City control of the ordinance • Effective regulation and enforcement of different property types • Appropriately flexible requirements for grandfathered properties • Incentives for compliance 5 %W CategoryData used by Taskforce TO STR Enforcement Actions Registered with Commissioner of the 2,699 Summons issued since February 2022 269 Note: This data was presented at the February 14, 2024 Planning Commission Meeting Revenue (active) Voluntary Compliance (advertisement 136 Total STR Listings 3,030 removed or permit obtained) Annual Zoning Permits Issued 729 Fines are paid prior to court date 48 Annual Zoning Permits Pending 193 Court case ruled in City's favor (penalty 38 Grandfathered Properties 428 imposed) Conditional-Use Permits Approved 248 Court case dismissed by Judge 7 Home Shares (active) 201 Not able to serve the summons 40 Taskforce Takealways Unanimous Agreement on 13 out of 20 Recommendations • Only 1 or 2 members offered dissents of each of the other Recommendations • 7 Recommendations for Fairly Simple "Text Amendments" 2 Recommendations for Additional Planning Staff • 3 Recommendations for City Council's Legislative Agenda • Most Recommendations are for Action by Planning Department Note: Some of these are already in progress 7 VB Summary of Recommendations by Study Area The Taskforce recommendations have been categorized under the following study areas: Number of Recommendations Targeting these study areas: Registration & Renewal 15 Enforcement 12 Recognition for Compliance 3 Grandfathered Properties 3 .i 8 Summary of Recommendations for Action by both City Council and the Planning Department listed by Recommendation Number Ordinance Changes: 1. Update STR Sign Requirements 4. Accept Attestations for Registration and Renewal Processes 6. Grandfathered STRs: Accept Parking as Required at Time of Construction 11. Reduce Frequency for Structural Safety Inspections Budget: 13. Add aFull-Time STR Customer Service Representative 14. Hire Additional Zoning Inspectors 9 VB Summary of Recommendations for Action by City Council only and listed by Recommendation Number Ordinance Changes: 2. Include Class A, B, or C General Contractors as Structural Inspectors 5. Charge allon-Refundable Application Fee in Addition to the Permit Fee 12. Make Penalties Criminal Legislative Agenda: 15. Local Authority to Require Platforms to Remove Listings of Noncompliant STRs (HB 1557 and HB 1688) 16. STR Policy Statement Opposing State Pre-emption of Local Authority 17. Increase Fines for Violations 10 4J Summary of Recommendations for Action by the Planning Department only and listed by Recommendation Number 3. Simplify STR Renewal Process 7. Clarify Allowable Parking Materials for All STRs 8. Bring Unpermitted Grandfathered STRs before Council to Consider Status Revocation 9. Update Posted Guest Rules with More Detailed Trash and Recycling Requirements 10. Use More of the Capabilities of Host Compliance for Registration and Enforcement 18. Increase Public Visibility of Complaints, Enforcement Activities, & Compliant STRs 19. Provide Public Outreach to STR Guests on How to be a Good Neighbor 20. Increase Public Outreach to STR Owners & Operators, Prop. Mgrs., Real Estate Agents 11 ai� 1 . Update STR sign requirements . Study Area: HRegistration & Renewal Action by. City Council & Planning Department Rationalc To improve the ability to quickly respond to issues and decrease the number of calls to Zoning or 311 that do not pertain to enforcement or general STR issues. To improve the aesthetics of the sign. To decrease neighbor and STR operator dissatisfaction and the negative consequences associated with signage. A. CITY COUNCIL ACTION: Text amendment adding permission to include owner or property manager contact information on required sign or on a separate sign. B. PLANNING DEPARTMENT ACTION: Update sign sample to clarify that signs can be made more aesthetically pleasing if they meet requirements for content per 241.2(4). Three Taskforce members believe the STR sign requirement should be removed altogether. One Taskforce member added that property management signs should be sufficient as they identify the property as being managed by a rental company and provide contact information that can resolve issues far quicker than the hotline process. They added that houses with STR signs have been targeted for break-ins and have increased crime in neighborhoods. 12 VS 2. Include Class A, B, or C General Contractors as allowable structural inspectors. The structural safety inspection should remove the load capacity requirements and instead require validating the structure has been built to the applicable residential building code. lIM Registration & Renewal : City Council To provide more qualified inspectors for inspections and create a faster and less difficult registration process. To make the inspections more meaningful and practical without sacrificing safety. A. CITY COUNCIL ACTION: Text amendment including Class A, B, or C General Contractors as structural inspectors. 13 VS 3 . Simplify STR renewal process . ( j` 07iRegstration & Renewal l m�, : Planning Department Enforcement Recognition for Compliance 4at►onale: To reduce burdensome requirement of registration and renewal, provide incentives for compliance, and make the registration process faster and more streamlined for STR operators and city staff. A. PLANNING DEPARTMENT ACTION: If an STR registered with Zoning the previous year, their STR permit can be renewed by paying the permit fee and attesting the STR is still in compliance with STR requirements. 14 VB 4. Accept attestations for the registration and renewal process. l Registration & Renewal City Council & Planning Department -.- Recognition for Compliance Grandfathered Properties To reduce burdensome requirements of registration, provide incentives for compliance, and make the registration and renewal process faster and more streamlined. Allow STR operators to attest to compliance with certain registration or renewal requirements rather than requiring them to provide proof. A. CITY COUNCIL ACTION: • Life Safety inspections should be required when seeking an STR permit and again five years later. In years when an inspection is not required, an attestation can be submitted. • Add to inspection or attestations that a parking plan showing available spaces is posted in the STR. B. PLANNING DEPARTMENT ACTION: • Parking attestations can be used for the renewal process. • Accept Certificates of Insurance as proof of liability insurance. • Attestations should confirm an operator is abiding by the STR ordinance. • Attestations should acknowledge consequences of providing false information. • Attestations should be subject to auditing for verification. With respect to Recommendation 4.A., insurance companies essentially already perform life safety inspections, which makes the city performing them unnecessary unless there are complaints. Attestations should only be used after the initial STR permit application has been inspected and approved. is VB 5 . pp Charge a nonrefundable application fee in addition to a permit fee . CWRegistration & Renewal Action L, City Council To cover the cost of staff time to review. To provide the necessary funding for City staff operations of this program. To decrease time staff spends reviewing applications by encouraging applicants to do their due diligence regarding eligibility prior to applying. A. CITY COUNCIL ACTION: Text amendment adding a non-refundable application fee, in addition to the yearly $200 permit fee. If the application is approved, the application fee is applied to the permit fee. 16 VB 6. If a grandfathered property meets the parking requirements for the dwelling at the time of its construction, additional parking spaces do not need to be added to meet STR parking requirements. Registration & Renewal Study Area: City Council & Planning Department rill Grandfathered Properties Rationale: To align ordinance requirements with the intended goal of allowing grandfathered properties to continue to operate by creating appropriately flexible requirements. To provide renters with information about permissible parking. A. CITY COUNCIL ACTION: • Add text amendment creating this change. • Maintain ordinance that revokes grandfathered status from any dwelling that expands by a certain amount. B. PLANNING DEPARTMENT ACTION: Provide an attestation at renewal that STR listing includes the number of available parking spaces. Reducing on-site parking requirements to less than one parking space per bedroom will have negative impacts on residents and neighborhoods. 17 ' 4 7 . Clarify allowable parking material for all STRs . IN Registration & Renewal Planning Department To create consistency in the ordinance and to facilitate the process for STRs endeavoring to come into compliance with the ordinance. A. PLANNING DEPARTMENT ACTION: Additional parking spaces in the Overlay District must use permeable materials. Additional parking spaces elsewhere can be built with any parking surface material approved by the Planning Director. 18 8. Bring unpermitted Grandfathered STRs before City Council to consider status revocation . Registration & Renewal Enforcement Planning Department Grandfathered Properties To encourage grandfathered properties to come into compliance with the STR ordinance and reduce noncompliant STR listings. To reserve grandfathered status for properties actively operating as STRs. A. PLANNING DEPARTMENT ACTION: As Recommendation 6 will facilitate grandfathered properties coming into compliance, the Taskforce believes a deadline should be set for grandfathered properties to become permitted STRs or risk losing their grandfathered status and that grandfathered properties that remain unpermitted should be brought before City Council for consideration of status revocation. 19 " 9. The required posted guest rules should include more detailed trash and recycling requirements. IN Registration & Renewal Planning Department To decrease neighbor dissatisfaction and pests associated with trash. To decrease costs to the city associated with sorting recycling items out from garbage. To decrease garbage and recycling receptacles sitting on streets for an unnecessary amount of time. A. PLANNING DEPARTMENT ACTION: Posted rules should include trash and recycling schedules and rules, including city fines for non-compliance, as well as a list of recyclable items. 20 VL 10. Use more of the capabilities of Host Compliance for registration and enforcement. r W Registration & Renewal Planning Department 11 Enforcement To make the registration process streamlined and faster. To create faster and proactive enforcement by increasing technical capacity to track complaints and identify issues, like identifying unpermitted STRs and properties circumventing enforcement. To integrate Zoning and Commissioner of Revenue registration processes. To consolidate information in a single place. To increase responsiveness. A. PLANNING DEPARTMENT ACTION: • Integrate Host Compliance and Accela. • For registration, include a how-to apply guide, a digital application tool, and tracking for renewals. • For enforcement, use Host Compliance to identify violations. 21 VB 11 . Reduce frequency for Structural Safety inspections. Study Areo. Registration & Renewal Action by: City Council & Planning Department WIN// INEnforcement Rationale: To reduce burdensome requirements of registration and make the registration process faster and more streamlined, without compromising safety. A. CITY COUNCIL ACTION: • Structural Safety inspections should be required when seeking an STR permit and again every five years. • City Council should consider that structures less than 30-inches should not be required to obtain a structural safety report. B. PLANNING DEPARTMENT ACTION: Update policy so decks constructed within 5 years do not require an inspection. Permits & Inspections Administrator said this Structural safety inspections are neither effective nor deck collapse (and most necessary. These inspections are part of the insurance '" others) could likely not have been caught b a process and inspections do not always catch ��������, 9 y imperfections and issues. structural safety inspection. 22 12 , Make penalties criminal . Study Area: r'Oir Enforcement Action b City Council Rationale, To allow more severe penalties that deter noncompliance, without adding enforcement burden for city staff. A. CITY COUNCIL ACTION: Ordinance Change in Section 104 to change violations of section 241.2 to be criminal rather than civil. The City changed to civil penalties so cases would be easier to pursue; changing back to criminal penalties does not seem to accomplish the Taskforce's intentions. Civil penalties have a lower burden of proof, which improves enforcement. If penalties are criminal, Host Compliance may not be a viable option for identifying violations as criminal defendants have the right to confront their accusers. 23 `" 13 . Add a full-time STR Customer Service Representative. = �� Registration & Renewal Study���� (� / _ �I Enforcement ctior City Council & Planning Department Rationale. To provide knowledgeable and responsive customer service. A. CITY COUNCIL ACTION: Authorize an additional Full-time Employee through the adoption of the Fiscal Year Budget. B. PLANNING DEPARTMENT ACTION: Hire a full-time administrative support staff member to act as an STR customer service representative and dedicated point of contact for registration, enforcement, and complaints. Two Taskforce members expressed opposition to all recommendations that divert funds from more critical needs, such as mental health and emergency services, to an item that affects a minority of residents. 24 14. Hire additional full-time, p art-time, and/or temporary Zoning Inspectors. Registration & Renewal City Council & Planning Department l Enforcement Rationale: To increase staff capacity for registration and proactive, rather than the current complaint- driven approach. A. CITY COUNCIL ACTION: Authorize additional Full-time Employees through the adoption of the Fiscal Year Budget. B. PLANNING DEPARTMENT ACTION: Hire additional Zoning Inspectors. Two Taskforce members expressed opposition to all recommendations that divert funds from more critical needs, such as mental health and emergency services, to an item that affects a minority of residents. 25 15. Add to City Council's 2025 legislative agenda a Virginia code amendment to give localities authority to require STR platforms to remove noncompliant STR listings. Enforcement City Council Rationale- To improve enforcement, public safety, and peaceful enjoyment by more effectively and efficiently preventing operation of noncompliant properties listed on platforms, particularly for properties with repeat violations. A. CITY COUNCIL ACTION: Encourage Virginia Beach legislators to pursue legislation empowering localities to require an STR platform to remove a non-compliant listing and refund/cancel bookings for that listing, if that listing has had due process and an adjudicated case. This action undercuts the enforcement improvements suggested in this document. 26 iiii 16. Include the 2023 and 2024 City Council STR policy statement in the 2025 Legislative Agenda . Registration & Renewal City Council Enforcement Rationale: As in the city's Legislative Agendas for 2023 and 2024, it is important to formally communicate to the Virginia Beach delegation to the General Assembly the urgency of maintaining and expanding local authority to regulate STRs and of not pre-empting that authority. A. CITY COUNCIL ACTION: Encourage Virginia Beach legislators to carry forward the STR policy statement from the 2024 Legislative Agenda. Two Taskforce members would welcome the state legislature to step in and allow STRs by right for the Commonwealth and, therefore, would not be in favor of this recommendation. Another Taskforce member expressed disapproval of this policy statement's intent and language. They clarified that the General Assembly allowed Sandbridge to continue offering STRs, but it did not compel them. Without that legislation, Virginia Beach would not collect approximately $200M in annual revenue from Sandbridge's real estate taxes and STR and tourism spending. 27 ., 17. If the City Council does not switch from civil to criminal violations as suggested in Recommendation 12, add to City Council's 2025 Legislative Agenda an amendment to incrementally increase fines for violations. qa// Enforcement City Council To increase compliance for repeat violators. To create more severe penalties that deter noncompliance. A. CITY COUNCIL ACTION: Add an amendment to incrementally increase fines for violations by repeat offenders to City Council's 2025 legislative agenda. Two Taskforce members do not support a law that would change the fines for the whole commonwealth, which is what this legislative matter would have to do. Whereas, it may help Virginia Beach with its enforcement, it would be overly burdensome for residents in other areas of the commonwealth. One Taskforce member disagreed with this recommendation on the basis that many STRs are only negligibly profitable and are sometimes even used as a way for homeowners to hold on to their homes. They stated that the idea that fines are not a deterrent is misinformed. Note: If Recommendation 12 is adopted, this recommendation is not needed. 28 18. Increase public transparency about STR complaints, enforcement activities, and compliant properties. �, Enforcement Stiady�lr�er�: r � Planning Department Recognition for Compliance Rationale; To improve accountability and transparency with concerned residents and facilitate enforcement. To promote self-service for the public to find information about complaints and enforcement, reducing the burden on staff to respond to requests for this information. To provide recognition for compliant properties. A. PLANNING DEPARTMENT ACTION: • Use Host Compliance to automatically notify complainants with the complaint record number and website link to track action on their complaint. • Provide information about how to use Accela to view STIR complaints and enforcement actions. • Provide information about how to use Accela to view compliant properties. 29 VB 19. Provide public outreach to STR guests on how to be a good neighbor. Study�a r Registration & Renewal Planning Department Rationnlp. To reduce neighbor dissatisfaction by educating STIRguests on neighborliness and local laws. A. PLANNING DEPARTMENT ACTION: Provide information about noise ordinances, trash schedules, parking, etc. 30 �` 20. Increase public outreach to STR owners and operators, property managers, and real estate agents. WIN//N Registration & RenewalStudy Area: Action by. Planning Department Enforcement Rationale:. To increase compliance by reducing misinformation and confusion about ordinance requirements. A. PLANNING DEPARTMENT ACTION: Provide suggestions on how to encourage owner and guest compliance with City ordinances and house rules. Provide information about what is and is not permissible under the STR ordinance. While supportive of this recommendation, the dissent wanted it to include additional educational outreach. The City should also suggest legal topics owners and operators should seek legal counsel for or consider addressing in their rental agreements. Including these topics in rental agreements helps get guests to comply. An example would be listing charges that may be applied if guests do not follow trash rules or a clause addressing eviction if the renter does not vacate the property. 31 VLO STR Program Updates • Short Term Rental Manager, Sherri Yanev, began leading the STR team on August 8, 2024 • Current Numbers (as of Jan 8, 2025) • 1872 Total STR Units Identified • 711 NON-permitted STR Units • 1161 Permitted STR Units • 428 Grandfathered Properties • 316 STR Permitted • 34 STR Permits Pending 32 VS CALL TO ACTION for City Council • Direct Staff to Draft Recommended Ordinance Changes for Council Action • Add Recommended Planning Staff • Pursue Recommended Legislative Agenda Items • Direct the Planning Department to Proceed with Recommended Actions 33 VB Questions ? 34 ;;:M 5 CITY COUNCILS BRIEFINGS TAX DIVERSIFICATION UPDATE ITEM#76561 1:57P.M. Mayor Dyer welcomed 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 Mr. Chatellier for the presentation. January 21, 2025 Di'verseifeicateion ax Kevin Chatellier, Director of Budget and Management Services January 21, 2025 CITY OF VIRGINIA BEACH r Direction to Explore- FY 2025 Reconciliation "The City Manager shall provide a report to the City Council outlining options for diversifying the City's tax structure including but not limited to developing a policy on annual real estate revenue growth, potential additional revenue sources, and modifying personal property tax rates to provide a more equitable tax base for both property and non- property owners to ensure relief is provided to the people who need it most. Any policy decision shall strive to maintain existing services and provide flexibility to adequately plan for the future" f' _ Background Information ' Tax diversification discussion has occurred multiple times over the years ■ Mostly driven by discussions surrounding real estate assessment growth and Virginia Beach's reliance on that growth to avoid degradation of services. • 2007 Blue Ribbon Task Force ■ Established with the aim to explore revenue diversification options and provide recommendations to the City Council Several Tax Relief Policies and Efforts Personal Property Tax-Relief Relief Provided Reduced Personal Property Rate Disabled Veterans Lowered rate of $1.50 per $100 Assessed Reduced Personal Property Rate- Personal Boats Lowered rate of $0.000001 per $100 Assessed Reduced Personal Property Rate- Machine and Tools Lowered rate of $0.000001 per $100 Assessed Reduced Personal Property Rate for EMS Volunteers $70,000 est. Reduced Personal Property Rate for new business (2 $336,000 est. years) and Individuals over 65 or disabled Business, Professional, and Occupational License (BPOL) Relief Provided Two-year Exemption Program Qualifying new businesses $0 license for two years Reduced BPOL Tax- Adjusted Thresholds $1.1 million (est.) Real Estate Rate Relief Real Estate Tax Relief Programs Relief Provided Elderly and Disabled (annual local program) $15 million (FY 2024-25 est.) Veterans Tax Relief- Mandated $27.5 million (FY 2024-25 est.) Real Estate Tax Relief- Since 2020 Relief Provided Reduced Real Estate Tax Rate by 4.75C $37.4 million (FY 2024-25) Absorbed $567 million bond referendum = 4.1C $32.3 million (FY 2024-25) Combined Real Estate Total: $69.7 million • $69.7 million of annual tax avoidance on residents and businesses • Additional context of that number, annual avoidance could sustainably support debt service associated with roughly $700 million or more in bonds Resources,, Tools,, Terminology • Resources and Tools used to guide research and organize discussion : • Blue Ribbon Committee Report • State Reports • Weldon Cooper Survey • Real Estate Annual Report • Commissioner of the Revenue Reports (various sources) • Terminology • Constitutional Limitations • Regressive Tax Comparison of Tax Rates Virginia Chesape Newport Norfolk Portsmouth Suffolk Hampton Beach ake News Real Estate (per $100 /A.V.) $0.97 $1.01 $1.25 $1.30 $1.09 $1.16 $1.18 Personal Property (Vehicles & Business) $4.00 $4.08 $4.33 $5.00 $4.25 $4.50 $4.50 rsonal Property (Machinery & Tools) - $0.64 $1.70 $1.50 $0.63 $1.23 $1.25 Personal Property (Boats) - $0.09 - $0.50 $1.50 - $1.00 Automobile License Registration $30.00 $26.00 $31.00 $32.00 $26.00 $35.00 $26.00 Cigarette (per pack) $0.75 $0.65 $0.95 $0.95 $0.75 $0.85 $0.85 Solid Waste Fee $30.55 - $28.51 $29.16 $25.25 $31.42 $31.63 Meals 5.5% 6% 6.5% 7.5% 6.5% 7.5% 7.5% Admissions 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% Hotel 8.0% 8.0% 8.0% 8.0% 8.0% 8.0% 8.0% Hotel Flat Tax $2.00 $1.00 $3.00 $3.00 $1.00 $2.00 $1.00 Comparative Report of Local Governments Virginia Auditor of Public Accounts Revenue Virginia Beach %VB Revenue Total Cities % Local Revenue Real Estate 682,095,402 48.89% 3,706,766,502 46.00% Personal Property - General 131,536,551 9.43% 745,750,522 9.25% Personal Property - Mobile Home - 0.00% 507,643 0.01% Machinery and Tools - 0.00% 92,025,868 1.14% Merchants Tax - 338,239 0.00% Local Sales and Use Taxes 89,501,992 6.41% 584,244,111 7.25% Consumer Utility Taxes 23,836,579 1.71% 142,638,056 1.77% Business License Taxes 59,030,932 4.23% 377,185,243 4.68% Franchise License Taxes - 0.00% 2,036,009 0.03% Motor Vehicle Licensees Taxes 10,753,542 0.77% 49,819,692 0.62% Bank Stock Taxes 4,183,698 0.30% 42,442,342 0.53% Recordation and Will Taxes 7,870,701 0.56% 32,171,965 0.40% Tobacco Taxes 8,479,917 0.61% 41,336,718 0.51% Admission Taxes 9,236,340 0.66% 24,712,209 0.31% Hotel and Motel Room Taxes 51,768,589 3.71% 151,226,183 1.88% Restaurant Food Taxes 92,035,336 6.60% 526,064,305 6.53% Coal, Oil, and Gas Taxes - 0.00% - 0.00% Other Local Taxes 1,583,355 0.11% 18,694,058 0.23% Permits Fees 6,541,083 0.47% 59,764,090 0.74% Fines & Forfeitures 2,923,674 0.21% 34,626,168 0.43% Charges for Services 156,332,758 11.21% 898,804,817 11.15% Use of Money- Miscellaneous 57,493,022 4.12% 527,854,139 6.55% $ 1,395,203,471 $ 8,059,008,879 Real Estate Rate: 97C per $100 Assessed Value Budgeted Revenue: $763,622,800 excluding Town Center TIF Per Penny: $7,872,400 Timing of Tax: Fiscal year tax with bill split with %2 payment due in December and % payment due in June. Payment Method: 80% on average escrow (LERETA estimate) meaning payment occurs through monthly mortgage payment or direct payment to City Resident/Business tax base: Residential: Residential 60.8% Apartment 8% Townhouse 5.7% Agriculture 0.3% Commercial: General 7.6% Hotel 2.1% Office 2.5% Industrial 1.7% Rate Limit: There is no established tax rate limit by the State. ® . . Real Estate (per$100/A.V.) $0.97 $1.01 $1.23 $1.25 $1.09 $1.15 $1.18 Meals Tax Rate: 5.5% of sales price Total Revenue: $92,035,336 Per Percent: $16,733,697 per tax percent Timing of Tax: Fiscal year tax. Sellers submit the meal tax by the 20th of each month for the previous month. Payment Method: Collected by businesses at point of sale and Businesses remit to City monthly Resident/Business tax base: Impact on local residents and businesses is not exactly known due to heavy influence of tourism. Estimated split is roughly 40% of tax is generated by tourist. Rate Limit: No State established tax rate limit PortsmouthChesapeak Newport Meals Tax Rate % 5.5% 6.0% 6.5% 7.5% 6.5% 7.5% 7.5% Hotel Tax Rate: 8% citywide 9.5% in the Sandbridge SSD (8% citywide + 1.5%) $2 per night Total Revenue: $46,382,193 Citywide Tax- 8% $1,281,720 Sandbridge SSD 1.5% $5,397,560 Flat $2 per room night Per Percent and per $1: $5,797,774 per 1% $2,698,780 per $1 room night Timing of Tax: Monthly Payment Method: Collected by businesses at point of sale and Businesses remit to City monthly Resident/Business tax base: Impact on local residents and businesses is not exactly known; however, mostly assumed to be tourism driven Rate Limit: No State established tax rate limit Rate Virginia Beach Chesapeake Norfolk Portsmouth Suffolk Hampton Newport News Hotel Tax Rate % 8.0% 8.0% 8.0% 8.0% 8.0% 8.0% 8.0% Hotel Flat Tax $2.00 $1.00 $3.00 $3.00 $1.00 $2.00 $1.00 ti Admission Tax Rate: 10% of admission price 5% participatory Budget Revenue: $9,236,640.00 Per Percent: $923,664 estimate Timing of Tax: Monthly Payment Method: Collected by businesses at point of sale and Businesses remit to City monthly Resident/Business tax base: Unknown what the impact split is for resident's vs tourist visiting the City Rate Limit: There is no maximum rate. Rate Virginia Beach Chesapeake Norfolk Portsmouth Suffolk Hampton Newport News Admission 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% Vehicle License Tax Rate: $30 per vehicle registration-gradually increasing based on weight and number of vehicle axles Total Revenue: $10,753,542 Per Dollar: $358,451 avg Timing of Tax: Collected at time of vehicle registration with the Department of Motor Vehicles (DMV). Annual for vehicle owners, depending on vehicle registration (every year, two years, or three years) Payment Method: Residents pay tax during initial or renewal of vehicle registration with the Department of Motor Vehicles (DMV) who then remits revenue to the City monthly Resident/Business tax base: Rate Limit: Maximum amount charged cannot exceed fee charged by Commonwealth Newport Virginia Beach Chesapeake News Tax $30.00 $26.00 $31.00 $32.00 $26.00 $35.00 $26.00 Business Occupational License Tax Rate:Tiered flat license fee for Flat fee $25 gross receipts less$25,000 businesses with gross receipts Flat fee $40 gross receipts $25,000- $100,000 under $200,000. Flat fee $50 gross receipts $100,000-200,000 Contracting: $0.16 per $100 Rate applied to businesses with Retail: $0.20 per $100 gross receipts in excess of Repair, Personal, & Business Services: $0.36 per $100 $200,000 vary by business type: Financial, Real Estate & Professional Services: $0.58 per$100 Wholesale Gross Purchases: $0.12 per $100 (In Virginia Beach, the tax is based on gross purchases not gross receipts) Total Revenue in the City of $62,625,915 Virginia Beach FY 2025 Budget: Business Base Estimate: 34,363 licenses (2023 data) Timing of Tax: Filing Due Date:1/1 Payment Date: 3/1 Payment Method: Direct payment to the City Relief: The Business License Incentive Program allows any new established business that report over $200,000 in gross receipts to pay the $50 business license fee for the first two calendar years. Business Occupational License Tax- Threshold Comparison Locality Gross Receipts Maximum License Tax Threshold Virginia Beach $200,000 $0 - $25,000 @ $25 $25,001 - $100,000 @ $40 $100,001-$200,000 @ $50 Chesapeake $200,000 $0 - $199,999 @ $50 Hampton $100,000 $0 - $100,000 @ $50 Newport News $100,000 $0 - $50,000 @ $30 $50,001 - $100,000 @ $50 Norfolk $100,000 $0 - $100,000 @ $50 mouth $100,000 $0 - $100,000 @ $50 Suffolk $100,000 $0 - $100,000 @ $50 Personal Property Budgeted Revenue: $206,725,457 Timing of Tax: Calendar year tax with the primary billing due June 5th each year. Rate changes go into effect January 1st. Payment Method: Direct payment to City Tax Relief: Elderly and Disabled: Tax rate of$0.000001 per $100 for 1 vehicle Disabled Veteran: Tax rate of$1.50 per $100 assessed value (one vehicle) EMS Volunteer Vehicle: Tax rate of$0.000001 per $100 for 1 vehicle Business Personal Property (New Business): Tax rate of $0.000001 per $100 for first two years of operation Rate Limit: No State limit on local tax rate established Personal Property Type Count Rate Per Penny Vehicle/Trailer 432,540 $4.00 per$100 assessed $443,942 Business PP 26,082 $4.00 per$100 assessed $ 103,022 Commercial Vessel 628 $1.50 per$100 assessed $ 6,222 Pleasure Boat 18,752 $0.000001 per$100 assessed $38,092 Machinery and Tools 343 $0.000001 per$100 assessed $ 27,337 Recreational Vehicle 942 $1.50 per$100 assessed $ 3,769 Manufactured Home 1,877 $0.97 per$100 assessed $ 1,948 Computer Equip-Data Center 432,540 $0.40 per$100 assessed Personal Property(Vehicles &Business) _ $4.00 $4.08 $4.33 $5.00 $4.25 $4.50 $4.50 (Machinery&Tools) $0.64 $1.70 $1.50 $0.63 $1.23 $1.25 Personal Property(Boats) - $0.09 - $0.50 $1.50 - $1.00 17 General Sales Tax Rate: 6.0% (4.3% statewide + 1.0% local options sales tax + 0.7% regional sales and use tax = 6.0% Budget Revenue: $93,281,986 Per Percent: $93,281,986 per tax percent Timing of Tax: Fiscal year tax. Sellers submit the tax monthly to the State. Payment Method: Collected by businesses at point of sale and Businesses remit to State monthly who remits to the City the following month Resident/Business tax base: Breakdown down of tax base unknown as remittance of revenue from state occurs in lump payments Rate Limit: Maximum local sales tax option for localities is 1% A Cigarette Tax Rate: 20 Pack—$0.75 per pack 25 Pack—$0.93 per pack Total Revenue: $8,479,917.00 Per Penny: $113,065 Timing of Tax: Fiscal year tax. Remitted monthly Payment Method: Retail sellers purchase stamps from the Commissioner of the Revenue. It is assumed that the cost of the tax is passed to consumers. Resident/Business tax base: Unknown what the impact split is for resident's vs tourist visiting the City. Rate Limit: State froze localities ability to increase the rate above rate established in 2020. Virginia Chesapeake Norfolk Portsmouth Suffolk Hampton Newport Beach News Cigarette $0.75 $0.65 $0.95 $0.95 $0.75 $0.85 $0.85 (per pack) Fines, Fees and Charges for Services • Fines, Fees, and Charges for Services are considered Department Specific revenues and most often budgeted to support the program/department providing the service. • Example, ■ Permits and Inspections - Planning Department ■ Waste Collection Fee - Public Works ■ Recreational Center Membership - Parks and Recreation ■ Etc. Virginia Beach Other Cities Permits Fees 0.47% 0.74% Fines & Forfeitures 0.21% 0.43% Charges for Services 11% 11% 20 Additional Context for Discussion : • Flexibility exists within limitations and boundaries established by State Code and many of the findings from Blue Ribbon Task Force study and recommendations are still relevant to the tax diversification discussion today. • Summary of Examples: • Aligning fees to be more businesslike in covering cost of service reducing General Gov't tax burden (Permits, Inspection, Parking Tickets, Recreation Center Fees, Court Fees, etc.) • Discussion of adjusting lower tax rates or establishing new taxes, to help offset cost of services. Referenced discussion Pleasure Boat Tax. • Request General Assembly assistance in establishing alternative taxing options. Questions & Discussion 6 CITY MANAGER'S BRIEFING A TLANTIC A VENUE PROJECT UPDATE ITEM#76562 2:42 P.M. Mayor Dyer welcomed Emily Archer, Deputy Director—Economic Development. Ms. Archer 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. Archer for the presentation. January 21, 2025 Atiantelc venue Improvements Emily Archer, Economic Development Deputy Director City Council Briefing January 21, 2025 Purpose • Provide the history and background of the Atlantic Avenue Improvementlob Project • Review status of the Atlantic Avenue � ► Design Build Project ° -y • Design Concepts • Schedule and Phasing ` • Budget • Seek direction on the future of the project f 'ILAniiv , ..., Atlantic Avenue — � ♦ is The Beach Main Street • Atlantic Avenue is a featured, iconic street ` 4 � in the Resort Area and along the East Coast e • Rich with tradition' history' and nostalgia { Seasonal 'Live On Atlantic!' Performances • Provides the full resort experience with a .M places to shop, stay, eat, and be entertained „ J� • It's a host to thousands on foot, wheels or vehicles as well as parade's, races, and - cultural events annually — • Its where trends first emerge ' 2020 Small Cell 2018 Scooter Tower Advent Invasion History N 1 • Atlantic Avenue between 2ndand -z. T 401" Streets has evolved over time " �-- 1982 Refresh Plan ,. • 1985 - Revitalization Project Atlantic Avenue Circa 1932 • 1989 - 1996 Phased Atlantic Ave -- f Mu REST. Streetscape Improvements Constructed — still in place today ..mom Atlantic Avenue Circa 1979 F Aft J.vn �`f YII' ME it vi Existing Conditions 1CI WORM `. r r. w A "y Y 6 Background • 2017 — Grassroots Advocacy for revitalization (Atlantic Avenue Association Formed) .:' •fir Y - , ,, �__ • 2018 — Activate Atlantic Avenue _ -- Visioning Workshops lea • 2020 — RASAP Update & NAV = r „ , } Atlantic Ave CIP Adopted • 2021 — The Ave Demonstration Project two r • 2023 — RAMP Adoption & .� ..; j: Streetscape Design Guidelines • 2024 — Progressive Design- Build Contract Awarded 'The Ave' Demonstration Project 2021-2022 The Resort Area Mobility Plan ( RAMP The scope for Atlantic Avenue rehabilitation was developed and refined during the RAMP process based on substantial community input and data collection : When SPACE FOR PEDESTRIANS asked • • . • • Atlantic Avenue should SPACE FOR BICYCLES be prioritized, (I being the SPACE FOR TRANSIT VEHICLES greatest priority and 5 being the least), survey participant SPACE FOR ON-STREET PARKING t place a premium on • . for pedestrians and bicyclists CORRALS FOR ELECTRIC SCOOTERS SPACE FOR CARS 9 I 1V The Resort Area Mobility Plan ( RAMP The decision to recommend the elimination of on-street parking for increased pedestrian space and streetscape was carefully analyzed and considered in the recommendation : • Pedestrian counts collected in July 2021, fo 10 -- - recorded thousands on foot on Atlantic Avenue • Positive feedback was received on The AVE wa' • Negative feedback was received by first responders concerning the on-street parking a • Seasonal parking data showed only 40% of the . blocks experienced consistent use Temporary Off-Season On-Street Parking • 55% of respondents indicated they weren't has been offered along Atlantic Ave since aware of the on-street parking or rarely used it 2018 between October and April 1 Alk , Alk • • Flow, 17, l 3 r w p' r VAR.WIDTH 8'MIN.PED. VAR.WIDTH VAR. 8'MIN.PED. ' FRONTAGE CLEAR WALK AMENITY ZONE 2,5' $' 11'THRU LANE 11'THRU LANE 5' 5' 2.5' 3I (8'MULTI-USE TRANSFER C&G BIKE LANE SOUTHBOUND NORTHBOUND BUFFER I BIKE LANE C&G WIDTH CLEAR WALK !3 ZONE BEYOND) AMENITY I� ><� ZONE :w 'E 80'R/W WIDTH i Atlantic Avenue Design- Build Project Team CITY OF VIRGINIA BEACH � � RINKER DESIGN JIM I ■ ASSOCIATES Public -� Works (PRIME Kimley ))) Horn OWNER'S REPRESENTATIVE bid • RE BURKETT LIGHTING DESIGN virginia - - - --- - beach CANNONMESIGN ��,��les NICNE MARKEtING AND RUSLIC RELATIONS 4k. 12 ^1 r Atlantic Avenue PhasingBudget& As conceived in the RAMP, the Atlantic Avenue CIP is divided into three distinct segments between 5t" and 40t" streets N � h S S N Project Number/Name District Year of Source ATD FY26 FY27 Total BTC Origin 100300: Atlantic Ave Tourism Street Improvements 5, 6 2020 Investment 33,900,000 7,900,000 6,300,000 48,100,000 60,900,000 Fund (TIP) Atlantic Avenue Schedule • The first segment Project Sch- • - -between 17th and 24th is 30% Design NTP May 1, 2024 fully funded with the ATD Over-the-Shoulder Reviews (OTSR) June 2024— August 2024 and FY 26 programmed 30% Design Plan Submission October 1, 2024 funding Design Concurrence/Approval November 2024 100% Design NTP January 2025 • On track for construction GMP Approval - Segment 2 Summer of 2025 in the Fall of 2025 Meetings and Outreach January 30, 2025 & • More value engineering Summer 2025 and funding is needed on Construction - Segment 2 Fall 2025 - Spring 2026 future north and south Construction (Segments 1 & 3)* Fall 2026 - Spring 2027* segments Fall 2027 - Spring 2028* *Future segments subject to appropriation Atlantic Avenue PhasingBudget& • Full rehabilitation between 17th and 24th can occur within funding through FY26 • Likely also be able to repave and mark the roadway within curb line between 24th and 40th within funding through FY27 N p y h r' Full rehabilitation Fall '25 — Spring '26 Repaving and marking within curb line Fall '26 — Spring '27 Atlantic Avenue Next Steps • A decision is needed to proceed at this time in order to make the Fall 2025 construction start • A public meeting is scheduled from 6-8 p.m . ; AlRI on Thursday, Jan. 30, 2025, at the Virginia ;�• '�., Beach Convention Center 1000 19th Street to: ••3, % • View design concepts designs and details ` f� • Learn about project • • Collect valuable feedback to helpshape he RI future of Atlantic Avenue • VirginiaBeach.gov/AtlanticAvenue Ell 1F Alternatives for Consideration A. Proceed with first segments within existing and programmed funding as currently planned h ` s B. Seek additional value engineering options C. Pause further action until the conclusion of the upcoming CIP retreat D. Other as directed 7 CITY COUNCIL DISCUSSION SOMETHING IN THE WATER UPDATE ITEM#76563 3:06 P.M. Mayor Dyer welcomed Amanda Jarratt, Deputy City Manager, and requested she provide an update. Ms. Jarratt advised City Staff and the Something in the Water Festival (SITW) team have continued discussions. The SITW team has indicated positive momentum in bringing the Festival to fruition as they are actively communicating with event sponsors though still impacted by the fires in Los Angeles. Ms. Jarratt advised City Staff has not received any information regarding ticket sales, the release of a lineup or any official communication related to a definitive timeline to receive this information. Ms.Jarrattfurther advised, there has not been any official confirmation from the SITW team regarding the necessary contractors and support teams required for an event of this magnitude as the 90-day window for the SITW Festival scheduled date is approaching. Council Member Ross-Hammond expressed her appreciation to Ms. Jarratt and the City Staff who have worked with the SITW team and to the Body for allowing additional time for Festival organizers to finalize plans. Council Member Ross-Hammond advised since there has been no progress in having a signed contract or definitive answers, she is comfortable with calling it off and allowing Mayor Dyer to make the final decision. Mayor Dyer advised this is a difficult decision however grace has been extended for the SITW Festival in an effort to get to "yes" as there are several benefits to holding the event. Mayor Dyer explained it is important to consider that the Festival was originally scheduled for April 2024 and then rescheduled for October 2024, and after a last minute cancellation, it was again rescheduled for April 2025. Mayor Dyer explained there was a mutual agreement that ticket sales and line-up information for the Festival would be finalized and released by December 31, 2024, however it has not been provided. Mayor Dyer advised it is also important to consider the amount of planning necessary to safely hold the event and it is time to make a decision. With consensus from the Body,Mayor Dyer directed the City Manager and City Attorney inform the Festival organizers that they are in breach of the contract and have five (5) days to provide a cure. If they do not, the City Manager should go forward with planning another event. City Manager Duhaney advised should the Festival organizers not provide a cure, City Staff will move forward with Beach Events, who is the City's contractor responsible for providing entertainment at the Oceanfront, to draft a plan for a new event and will provide to City Council, Council Member Berlucchi asked what the cure is? City Manager Duhaney advised if the Festival organizers provided the information within the contract, then the City will determine if it is acceptable to go forward with the Festival in a safe manner. January 21, 2025 8 CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS ITEM#76564 3:20 P.M. Council Member Berlucchi advised police officers currently travel in their own vehicles to North Carolina to conduct range training at a City leased facility and it has been brought to his attention there may be an opportunity to have a range in the City that would not only support the police but the Sheriff's Department and partnering agencies. Council Member Berlucchi advised he will provide additional details to initiate the process and requested City Manager Duhaney explore the feasibility and appropriateness of having a range facility in the City. Council Member Remick asked if the City has a site selection team or group who is looking, or who has already looked, at potential sites? City Manager Duhaney advised he is not aware of any but will look into it. Council Member Berlucchi advised the Law Enforcement Training Academy is held in a very old elementary school and believes it has a negative impact on recruiting efforts, adding, it is also not ideal to have police officers traveling to North Carolina for training. Council Member Berlucchi expressed his desire to be part of the team who invests in the police officers to provide them the tools and compensation they need and deserve. Mayor Dyer agreed with Council Member Berlucchi and praised the City's public safety personnel who supported the Presidential inauguration January 21, 2025 9 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#76565 (Continued) Council Member Ross-Hammond advised on January 16'h, she attended the Annual Martin Luther King Jr. Awards Dinner organized by the Urban League of Hampton Roads and hosted at the Convention Center for the second consecutive year, expressing her appreciation to the staff who accommodated over 1,300 guests. Council Member Ross-Hammond proposed the City host this event every year and will provide the Urban League the application to submit to the Community Organization Grant (COG) and Review Committee in order for it to be processed and advertised in advance of the event. Council Member Jackson-Green advised he had the pleasure of having five (5) Salem High Students accompany him at the dinner who were engaged and involved with organizing the event, emphasizing the City did not only host the event but are ushering in the future. Council Member Cummings believes having a formalized process for awarding grants and sponsorships should be handled through apanel that the Body is not involved in to avoid timing andpolitical conflicts. Mayor Dyer advised the Body votes on the appropriations that are provided to COG, who is the formal Committee that reviews and awards grants, expressing his agreement for the Urban League to apply through that process to allow ample time next year. Council Member Berlucchi advised he respectfully disagrees, expressing there are times when partnerships and needs have emerged, and constituents did not have a voice. Council Member Berlucchi advised he respects the process but historically, the COG Committee has unintentionally missed people and believes it is the Body's responsibility to advocate for them. Council Member Berlucchi disagreed that politics should be taken out of the process, explaining it would be a disservice because the Body is elected to serve and represent all of the residents and Council Members are most connected to the people they serve. Mayor Dyer believes any organization should feel comfortable in approaching Council Members, but legacy events should go through the COG Committee process. January 21, 2025 10 AGENDA REVIEW SESSION ITEM#76566 3:32 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: I. ORDINANCES/RESOLUTION 1. Resolution to SUPPORT HB1793 and REQUEST the Bridge on Interstate 264 over South Rosemont Road be designated "Captain Matthew `Chevy' Chiaverotti Memorial Bridge" (Requested by Mayor Dyer and Council Member Hutcheson) 2. Ordinance to AUTHORIZE the execution of a Cost Participation Agreement with Princess Anne Village,LLC re construction of City Stormwater Improvements(Deferred from August 20, 2024) 3. Ordinance to APPOINT Diamond C. Royster to the position of Assistant City Attorney, effective February 6, 2025 4. Ordinance to APPOINT Elizabeth B. Howerin to the position of Associate City Attorney, effective January 23, 2025 5. Ordinance to APPOINT Zachary T.Burkholder to the position ofAssociate City Attorney, effective February 6, 2025 6. Ordinance to ACCEPT and APPROPRIATE $43,680.52 from the Virginia Department of Environmental Quality to the Waste Management Enterprise Fund within the FY2024-25 Public Works Operating Budget and state revenue within the FY2024-25 Parks and Recreation Operating Budget DECREASED by$3,867.80 re litter prevention and recycling 7. Ordinance to ACCEPT and APPROPRIATE$3 7,322from the Virginia Department of Behavioral Health and Developmental Services to the FY 2024-25 Human Services Operating Budget re support for existing opioid programs and provide opportunities for enhancement of programs 8. Ordinance to ACCEPT and APPROPRLATE$27,500 from the Virginia Department of Criminal Justice Services to the FY 2024-25 Human Services Operating Budget re support the Crisis Intervention Team (CIT)program 9. Ordinance to ACCEPT and APPROPRLATE $6,500 from the 2024 Urban and Community Forestry Grant to the FY 2024-25 Parks and Recreation Operating Budget and A UTHORIZE a $10,350 local match from the Tree Mitigation Fund re Francis Land House Tree Preservation 10. Ordinance to APPROPRIATE $715,100 of fund balance from the Landscaping Internal Service Fund to the FY 2024-25 Parks and Recreation Operating Budget re purchase replacement equipment and vehicles January 21, 2025 11 AGENDA REVIEW SESSION ITEM#76566 (Continued) 11. Ordinance to APPROPRIATE$218,000 of fund balance from the Police Federal& State Seized Assets Special Revenue Fund to the FY 2024-25 Police Department Operating Budget re police equipment and training January 21, 2025 12 AGENDA REVIEW SESSION ITEM#76566 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. JOHN OVERSTREET / OVERSTREET FAMILY PROPERTIES LC for a Change in Noncon ormitX re expand dwelling at 2409 Holland Road DISTRICT 2 2. THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY & ATLANTIC PARK, INC. / THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Malor Entertainment Venue Sign at 1915 Baltic Avenue, 320&400 20th Street, 36518th Street DISTRICT 6 3. DAM NECK ASSOCIATES, LLC for a Conditional Change of Zoning from A-18 Apartment District & B-2 Community Business District to Conditional B-4 Mixed-Use District and a Modi rcation of Proffers to a Conditional Change of Zoning redevelop a mixed-use project at 872 & 1089 Dam Neck Road and 1064 & 1080 Dam Neck Station Road DISTRICT 5 (Approved September 20, 2022) 4. FWM RESIDENTIAL RENTAL PROPERTIES LLC for a Conditional Change of Zoning from R-5S Residential District to Conditional RT-3 Resort Tourist District and a Conditional Use Permit re commercial marina at 310& 312 Winston Salem Avenue DISTRICT 5 5. GREEN CLEAN HOLLAND,LLC/ALP&ALEX ASLAN for a Conditional Use Permit re car wash facility at 4245 Holland Road DISTRICT 10 (City Council Requests Deferral to February 4,2025) 6. VEONCA EVANS/QUAN M LE& NHI HO for a Conditional Use Permit re family day-care home at 5317 Canterford Lane DISTRICT 7 7. Ordinance to AMEND and REORDAIN the Airport Noise Attenuation and Safety Ordinance (Appendix I) re amend Section 9 pertaining to required Disclosures in Sales and Rentals of Real Estate J. PLANNING: COUNCIL MEMBER REMICK FILED A DISCLOSURE LETTER FOR ITEMS#2 AND#3 ITEM#3 WILL BE CONSIDERED FOR DEFERRAL TO MARCH 4, 2025 ITEM#5 WILL BE CONSIDERED FOR DEFERRAL TO FEBRUARY4, 2025 January 21, 2025 13 ITEM#76567 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY HELD PROPERTY. Discussion or consideration of the acquisition of real property for public purpose, or of the disposition of publicly held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3 711(A)(3). • District 10 PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3 711(A)(29) • Project Finch • Pembroke Square • 8`"Street Pipe PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body pursuant to Section 2.2-3 711(A)(1). • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees January 21, 2025 14 ITEM#76567 (Continued) Upon motion by Council Member Ross-Hammond, seconded by Council Member Berlucchi, City Council voted to proceed into CLOSED SESSION at 3:36 P.M. Voting: 8- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings,Mayor Robert M. Dyer,David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond and Joashua F. "Joash"Schulman Council Members Absent: Barbara M. Henley, Jennifer Rouse and Rosemary Wilson Break 3:36 P.M. — 3:55 P.M. Closed Session 3:55 P.M. — 5:29 P.M. Break 5:29 P.M. — 6.00 P.M. January 21, 2025 15 FORMAL SESSION VIRGINL4 BEACH CITY COUNCIL JANUARY21, 2025 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, January 21, 2025, at 6:00 P.M. Council Members Present: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse-Maternity Rosemary Wilson- Vacation INVOCATION: Pastor Eugene Cowan, II New Light Full Gospel Baptist 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`"Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual orpotential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a 'personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. January 21, 2025 16 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 andLocal 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. January 21, 2025 17 VI.F CERTIFICATION ITEM#76568 Upon motion Council Member Ross-Hammond, seconded by Council Member Remick, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 G�r1IA-BEgc Jti�' h'G.p 04 G� ;Za = O OUR WA'\' RESOL UTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#76567 on Page 14 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ,'M4 AmaWO B rues, 1kyC City Clerk January 21, 2025 18 ITEM— VI.G.1 MINUTES ITEM#76569 Upon motion by Council Member Ross-Hammond, seconded by Council Member Berlucchi, City Council APPROVED the MINUTES of the SPECL4L SESSION of January 7,2025 Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 19 ITEM— VI.G.1 MINUTES ITEM#76570 Upon motion by Council Member Ross-Hammond, seconded by Council Member Berlucchi, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of January 7,2025 Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 20 ITEM— VI.G.1 MINUTES ITEM#76571 Upon motion by Council Member Ross-Hammond, seconded by Council Member Berlucchi, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of January 14, 2025 Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson Mayor Dyer took a moment to welcome the following members of Virginia Beach Scout Pack#700 who were in attendance: Jaxon Wallace Atlas Wallace Ted Green Mary Green Elizabeth Green Lillian Sherman James McGinnis Audrey McGinnis January 21, 2025 21 ITEM— VI.H FORMAL SESSION AGENDA ITEM#765 72 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: Joseph Johnson, Phone: 633-5192, spoke in SUPPORT of Ordinance I.6. Upon motion by Council Member Henley, seconded by Council Member Ross-Hammond, City Council APPROVED,BY CONSENT,Agenda Items Ordinances/Resolutions I: 1, 2,3,4, 5, 6, 7, 8, 9, 10 and 11 and Planning Items J. 1, 2,3 (DEFERRED TO MARCH 4, 2025), 4, 5(DEFERRED TO FEBRUARY 4, 2025), 6 and 7 Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 22 ITEM— VI L I ORDINANCES/RESOLUTION ITEM#765 73 Upon motion by Council Member Henley, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Resolution to SUPPORT HB1793 and REQUEST the Bridge on Interstate 264 over South Rosemont Road be designated "Captain Matthew `Chevy'Chiaverotti Memorial Bridge" (Requested by Mayor Dyer and Council Member Hutcheson) Voting: 9- 0 Council Members Voting Aye: Michael F Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 REQUESTED BY MAYOR DYER AND COUNCILMEMBER HUTCHESON 1 A RESOLUTION TO SUPPORT HB1793 AND TO 2 REQUEST THE BRIDGE ON INTERSTATE 264 OVER 3 SOUTH ROSEMONT ROAD BE DESIGNATED 4 "CAPTAIN MATTHEW `CHEVY' CHIAVEROTTI 5 MEMORIAL BRIDGE" 6 7 WHEREAS, Virginia Beach Fire Department Captain Matthew "Chevy" Robert 8 Chiaverotti, 44, passed away in April 2023 following a courageous battle with Anaplastic 9 Thyroid Cancer; 10 11 WHEREAS, Chevy was a 20-year decorated and beloved veteran of the Virginia 12 Beach Fire Department; 13 14 WHEREAS, in addition to his role as shift captain of Engine 7, Chevy served as a 15 FEMA Search Team Manager with Virginia Task Force 2; 16 17 WHEREAS, Delegate Feggans has introduced HB1793, and this bill would 18 designate the bridge on Interstate 264 over South Rosemont Road in Virginia Beach as 19 "Captain Matthew `Chevy' Chiaverotti Memorial Bridge;" 20 21 WHEREAS, the City Council desires to support HB1793 and offer to pay the cost 22 associated with the production, placing, and maintaining of markers indicating the 23 designation of the bridge in honor of Chevy's distinguished service to the City; 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA, THAT: 27 28 The City Council supports HB1793 and formally requests the bridge on Interstate 29 264 over South Rosemont Road be designated ""Captain Matthew `Chevy' Chiaverotti 30 Memorial Bridge." The City Council agrees to bear the costs associated with the 31 production, placing, and maintaining of the markers indicating the designation of the 32 bridge. Adopted by the Council of the City of Virginia Beach, Virginia on the 21 S t day of January 2025. APPROVED AS TO LEGAL SUFFICIENCY: orney's ice - --------- CA16798 R-1 January 8, 2025 23 ITEM— VI.L2 ORDINANCES/RESOLUTION ITEM#765 74 Upon motion by Council Member Henley, seconded by Council Member Ross-Hammond, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE the execution of a Cost Participation Agreement with Princess Anne Village, LLC re construction of City Stormwater Improvements (Deferred from August 20, 2024) Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 I AN ORDINANCE AUTHORIZING THE EXECUTION OF A 2 COST PARTICIPATION AGREEMENT WITH PRINCESS 3 ANNE VILLAGE, LLC FOR THE CONSTRUCTION OF 4 CITY STORMWATER IMPROVEMENTS 5 6 WHEREAS, Princess Anne Village, LLC, a Virginia limited liability company (the 7 "Developer"), is the developer of the planned residential development subdivision near 8 the Virginia Beach Municipal Center to be known as Princess Anne Village (the 9 "Development"), and is required to construct a stormwater outfall system for the 10 Development; and 11 12 WHEREAS, the City and the Developer have identified that the existing City-owned 13 stormwater pipe draining the area north of Princess Anne Road through the Development 14 is undersized and failing in multiple places; and 15 16 WHEREAS, the Developer has requested to replace the existing 54" and 60" 17 corrugated metal pipe with a larger (5' x 6') box culvert from the north side of Princess 18 Anne Road, across Princess Anne Road and through the proposed Development to the 19 existing outfall of the pipe (the "Drainage Improvements"); and 20 21 WHEREAS, the general location of the Drainage Improvements is shown on the 22 Site Development Plan attached hereto as Exhibit A and made a part hereof; and 23 24 WHEREAS, the Developer proposes to construct the Drainage Improvements for 25 the City at the same time they construct the stormwater outfall system for the 26 Development, because replacing the pipe now will prevent flooding from the failing 27 sections and will prevent the City from later having to cut into or remove portions of new 28 roads and other infrastructure that will be installed by the Developer as part of the 29 Development; and 30 31 WHEREAS, the Developer and the City desire to enter into a cost participation 32 agreement to design and construct the Drainage Improvements; and 33 34 WHEREAS, the Drainage Improvements will provide additional drainage capacity 35 and earlier repairs to the City's failing stormwater facilities, which are of value to the City 36 in providing an improved outfall for public stormwater. 37 38 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 39 VIRGINIA, THAT: 40 41 The City Manager is hereby authorized to execute a cost participation agreement 42 between the City and the Developer for the design and construction of the Drainage 43 Improvements, upon such terms and conditions that are acceptable to the City Manager 44 and approved by the City Attorney, so long as the costs to the City under the terms of the 45 cost participation agreement do not exceed $2,341,640, which funds shall be paid from 46 Capital Improvement Project 100582 "Stormwater Infrastructure Cost Participation." 47 48 Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t__ day 49 of Januar2025. CA16563 R-2 1/8/25 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: t B dget and Management Services City Attorney APPROVED AS TO CONTENT: Public Works r,l I NEW STRUCTURE STORM MH ` oi8 RIM 6.71 l%.93) BY M� JUNCTION BOX STORM MH/ RIM 6.90�� IN (-0.97) N� GRAPHIC SCALE STORM H 40 0 2040 80 160 RIM 6.92 '-�-__- ::. INV (-2.20) FEET I I JUNCTION'aox I INCH = 80 FEET � 1 fsr I - r4i " END WALL/SECTION E. OUTj' TO BE APPROVEDY CITY ,I Ilili INV (-2.50)i'iii1EXISTIING CANAL EXHIBIT A ELLAM PIPE REPLACEMENT EXHIBIT PRINCESS ANNE ROAD AT ER WITZ NORTH LANDING ROAD ENGINEERING-SURVEYING-PLANNING 500 CENTRAL M E-SUITE 113-VIRGINIA BEACH,VA 13454 (757)340.0828-FAX(757)340-1603 �,.�• '��>r�nro ee" / � �"—-..ny S►lei /"/,_� �'-�.,.� GRAVE SITES Is I A • r e"woo es ♦ u/ _._.. � �' T. ,I S1 • , r-- ,� , i■a�nle" % 62 i , ;"1' i � ,\ � ,1; O ,` O ,1 ,`;� \ 11 I i I PARK_OP6 i r I ��w y7REATNANEI `-1 I e RELOCATED PU4P - I 1 AKna ro. i 7 /n STATION SITEi RK-OP6 g iGI I I• 11 r __ ---- II _ -_ _ I YI{ _: ...T. -�:,, i I I � � ,2 �1 ,� II 15 I �1 I• O i O i O I_.I O I ,D I 1 ALLEYNA� .I Il�jl � • i W W W W W W W W Y Y W♦♦Y W Y W —_----�-�� W W W W W W W W W W W -_ I I W W W W W W W ♦♦ I .uiM�mx � 'UBLTCSTORAfWA2 —_--__—_ r-`"� W W W W W ♦ W W NANCEFACI. 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'•t � ; may., v � _ k 4 " a, vJ 4 ♦ . c y .a a Ji e µ IPA , 60"Pipe 54"Pipe L dt1 \\t� Legend • ammmim, Existing Pipe .11�1 Existing Ditch LOCATION MAP Isamu West Neck Creek PRINCESS ANNE VILLAGE - Princess Anne Village Site COST PARTICIPATION PROJECT - City Drainage Area 0 500 1,000 Feet Prepared by P.W./Enga/Eng.Support Services 08/06/2024 X:ICADWrojectMARC Files\AGENDA MAPS\ Princess Anne Village Cost ParticipationlPrincessAnne Villaae Cost ParticiDation A.mxd N,mmo PW W E JS co It 46 04, as 0 it �\� � 11 �., �1ti ♦� Z 'Sp-�,G ����� ��� �,,,/�� \\\\ ��i.:. •;PQ �;p ,/'► �•' �i /mil:C � �� r' r Z split*.. r6' _ ♦�c \, OJ /fir ` Y My .� Sri ♦ � cFp c3 �Rry pG 60"Pipe Pipe 40 Legend ,.�.� a anm�w Existing Pipe • ass Existing Ditch West Neck Creek Building Footprint PA LOCATION MAP --- Asphalt Pavement Zo-'f PRINCESS ANNE VILLAGE Princess Anne Village Site % 1 �lo COST PARTICIPATION PROJECT City Drainage Area �� r Feet Prepared by P.W./Eng./Eng.Support Services 08/06/2024 X:\CADD\Projects\ARC Fiies\AGENDA MAPS\ o.a........-n.,., 24 ITEM— VI.L3 ORDINANCES/RESOLUTION ITEM#765 75 Upon motion by Council Member Henley, seconded by Council Member Ross-Hammond, City Council ADOPTED,BYCONSENT, Ordinance to APPOINT Diamond C. Royster to the position ofAssistant City Attorney, effective February 6, 2025 Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 1 AN ORDINANCE APPOINTING DIAMOND C. ROYSTER TO 2 THE POSITION OF ASSISTANT CITY ATTORNEY 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 That pursuant to § 2-166 of the City Code, Diamond C. Royster is hereby appointed 7 to the position of Assistant City Attorney, effective February 6, 2025. 8 9 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t day of 10 January , 2025. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney's Offi CA16788 R-1 January 2, 2025 25 ITEM— VI L4 ORDINANCES/RESOLUTION ITEM#765 76 Upon motion by Council Member Henley, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to APPOINT Elizabeth B. Howerin to the position of Associate City Attorney, effective January 23, 2025 Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 1 AN ORDINANCE APPOINTING ELIZABETH B. HOWERIN TO 2 THE POSITION OF ASSOCIATE CITY ATTORNEY 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 That pursuant to §2-166 of the City Code, Elizabeth B. Howerin is hereby appointed 7 to the position of Associate City Attorney, effective January 23, 2025. 8 9 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t day of 10 January 2025. APPROVED APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: 71-� City Attorney's Offi CA16789 R-1 January 2, 2025 26 ITEM— VI L5 ORDINANCES/RESOLUTION ITEM#76577 Upon motion by Council Member Henley, seconded by Council Member Ross-Hammond, City Council ADOPTED,BY CONSENT, Ordinance to APPOINT Zachary T. Burkholder to the position of Associate City Attorney, effective February 6, 2025 Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 1 AN ORDINANCE APPOINTING ZACHARY T. BURKHOLDER 2 TO THE POSITION OF ASSOCIATE CITY ATTORNEY 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 That pursuant to § 2-166 of the City Code, Zachary T. Burkholder is hereby 7 appointed to the position of Associate City Attorney, effective February 6, 2025. 8 9 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2Is t day of 10 January 2025. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney's O i CA16790 R-1 January 3, 2025 27 ITEM— VI.L 6 ORDINANCES/RESOLUTION ITEM#765 78 Upon motion by Council Member Henley, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$43,680.52 from the Virginia Department of Environmental Quality to the Waste Management Enterprise Fund within the FY 2024-25 Public Works Operating Budget and state revenue within the FY2024-25 Parks and Recreation Operating Budget DECREASED by$3,867.80 re litter prevention and recycling Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE FUNDS FOR LITTER PREVENTION AND 3 RECYCLING 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $43,680.52 is hereby accepted from the Virginia Department of Environmental 9 Quality and appropriated, with state revenues increased accordingly, to the Waste 10 Management Enterprise Fund within the FY 2024-25 Operating Budget of the 11 Department of Public Works for recycling initiatives. 12 13 2) State revenue and the appropriating supported by such revenue within the FY 14 2024-25 Operating Budget of the Department of Parks and Recreation's General 15 Fund is hereby decreased by $3,867.80. Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t day of January , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: il �� E&t 2� - 4 1 -- udget and Management Services City or 's Office CAI 6794 R-1 January 7, 2025 28 ITEM— VI L 7 ORDINANCES/RESOLUTION ITEM#765 79 Upon motion by Council Member Henley, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $37,322 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2024-25 Human Services Operating Budget re support for existing opioid programs and provide opportunities for enhancement of programs Voting. 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO ADDRESS THE OPIOID EPIDEMIC AS PART OF THE 3 STATE OPIOID RESPONSE 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $37,322 is hereby accepted from the Virginia Department of Behavioral Health and 9 Developmental Services, as part of the State Opioid Response, and appropriated, with 10 revenue increased accordingly, to the FY 2024-25 Department of Human Services 11 Operating Budget to support existing opioid programs and provide opportunities for 12 enhancement for such programs. Adopted by the Council of the City of Virginia Beach, Virginia on the 21stday of January , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C�L_ Budget and Management Services City Attorney's Office CA16795 R-1 January 7, 2025 29 ITEM— VI L 8 ORDINANCES/RESOLUTION ITEM#76580 Upon motion by Council Member Henley, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $27,500 from the Virginia Department of Criminal Justice Services to the FY 2024-25 Human Services Operating Budget re support the Crisis Intervention Team(CI7)program Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO SUPPORT THE CRISIS INTERVENTION TEAM 3 PROGRAM IN THE DEPARTMENT OF HUMAN SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $27,500 is hereby accepted from the Virginia Department of Criminal Justice 9 Services and appropriated, with revenue increased accordingly, to the FY 2024-25 10 Operating Budget of the Department of Human Services to support the Crisis Intervention 11 Team program. Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t day Of January , 2025. Requires an affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: L_-t,-N N60�j3b_ ' 7— >_ Budget and Management Services ity At orney's Office CA16791 R-1 January 7, 2025 30 ITEM— VI.L9 ORDINANCES/RESOLUTION ITEM#76581 Upon motion by Council Member Henley, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$6,500 from the 2024 Urban and Community Forestry Grant to the FY 2024-25 Parks and Recreation Operating Budget and AUTHORIZE a $10,350 local match from the Tree Mitigation Fund re Francis Land House Tree Preservation Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $6,500 FROM THE 2024 URBAN AND COMMUNITY 3 FORESTRY GRANT AND TO AUTHORIZE A MATCH 4 FROM THE MITIGATION FUND FOR FRANCIS LAND 5 HOUSE TREE PRESERVATION 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1) $6,500 is hereby accepted from the Urban and Community Forestry Grant and 11 appropriated, with revenue increased accordingly, to the FY 2024-25 Operating Budget 12 of the Parks and Recreation Department for the purpose of history tree preservation. 13 14 2) A local match of $10,350 is hereby authorized to be made from the Tree 15 Mitigation Fund. Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t day of January 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: budget and Management Services ity ttorney's Office CA16797 R-1 January 8, 2025 31 ITEM— VI LIO ORDINANCES/RESOLUTION ITEM#76582 Upon motion by Council Member Henley, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE 5715,100 of fund balance from the Landscaping Internal Service Fund to the FY2024-25 Parks and Recreation Operating Budget repurchase replacement equipment and vehicles Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 1 AN ORDINANCE TO APPROPRIATE $715,100 OF FUND 2 BALANCE FROM THE LANDSCAPING INTERNAL 3 SERVICE FUND FOR THE REPLACEMENT OF 4 EQUIPMENT AND VEHICLES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $715,100 is hereby appropriated, with revenue increased accordingly, from the 10 fund balance of the Landscaping Internal Service Fund to the Operating Budget of the 11 Department of Parks and Recreation for the purchase of replacement equipment and 12 vehicles. Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t day of January , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: s Git rney's Office CA16793 R-1 January 7, 2025 32 ITEM— VI LII ORDINANCES/RESOLUTION ITEM#76583 Upon motion by Council Member Henley, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $218,000 of fund balance from the Police Federal & State Seized Assets Special Revenue Fund to the FY 2024-25 Police Department Operating Budget re police equipment and training Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 1 AN ORDINANCE TO APPROPRIATE $218,000 FROM THE 2 FUND BALANCE OF THE POLICE FEDERAL & STATE 3 SEIZED ASSETS SPECIAL REVENUE FUND FOR 4 EQUIPMENT AND TRAINING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1 . That $218,000 is hereby appropriated, with revenues increased accordingly, from 10 the fund balance of the Police Federal & State Seized Assets Special Revenue 11 Fund to the FY 2024-25 Operating Budget of the Police Department for police 12 equipment and training. 13 14 2. The City makes no commitment to replace any equipment purchased with these 15 funds. Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t day of January 2025. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services it rn s Office CA16792 R-1 January 7, 2025 33 ITEM— VI.J I PLANNING ITEMS ITEM#76584 Upon motion by Council Member Henley, seconded by Council Member Ross-Hammond, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of JOHN OVERSTREET / OVERSTREET FAMILYPROPERTIESLCfor a Change in Nonconformity re expand dwelling at 2409 Holland Road DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JOHN OVERSTREET / OVERSTREET FAMILY PROPERTIES LC for a Change in Nonconformity re expand dwelling at 2409 Holland Road DISTRICT 2(GPIN 1494852493) DISTRICT 2 The following conditions shall be required: L The proposed enlargement shall be developed substantially in conformance to the concept plan entitled "Boundary Survey of Parcel A"', dated February 22, 2009, prepared by MSA, P.C., 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 depicted on page 10 of this report and the color palette of the vinyl siding provided on page 11, which is exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. The maximum number of dwelling units on the subject Site shall not exceed two (2). 4. 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 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21' day of January Two Thousand Twenty Five. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING USE AND STRUCTURE ON 3 PROPERTY LOCATED AT 2409 HOLLAND ROAD 4 5 WHEREAS, John Overstreet (the "Applicant") has made application to the City 6 Council for authorization to alter and expand the nonconforming dwelling at 2409 Holland 7 Road and zoned Ag-1 Agricultural and Ag-2 Agricultural Zoning Districts; 8 9 WHEREAS, this parcel currently contains two residential dwellings, and therefore 10 does not meet the current zoning regulations. Two residential dwellings on one parcel is 11 not permitted in the AG-1 or Ag-2 Agricultural Zoning District. The dwelling was 12 constructed prior to the adoption of the applicable zoning regulations and are therefore 13 nonconforming; 14 15 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 16 approval of this application on December 11, 2024; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 19 of a nonconforming structure is unlawful in the absence of a resolution of the City Council 20 authorizing such action upon a finding that the proposed structure as expanded is equally 21 appropriate or more appropriate to the zoning district than the existing structure. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed nonconforming structure as 27 expanded, will be equally appropriate to the district as is the existing structure under the 28 conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 1. The proposed enlargement shall be developed substantially in conformance to the 34 concept plan entitled "Boundary Survey of Parcel `A,"' dated 02/22/2009, prepared by 35 MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file 36 with the Department of Planning and Community Development. 37 38 2. The maximum number of dwelling units on the subject Site shall not exceed two (2). 39 40 3. The applicant shall obtain all necessary permits and inspections from the Department 41 of Planning and Community Development Permits and Inspections Division. 42 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t day 45 of January , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning and Community Ci y Attorneys O ice Development CA16691 R-1 November 14, 2024 2 34 ITEM— VLJ.2 PLANNING ITEMS ITEM#76585 Upon motion by Council Member Henley, seconded by Council Member Ross-Hammond, City Council APPROVED,AS CONDITIONED, BY CONSENT, application of THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY & ATLANTIC PARK, INC. / THE CITY OF VIRGINIA BEACH DEVELOPMENTAUTHORITYfor a Major Entertainment Venue Sign at 1915 Baltic Avenue, 320&400 20th Street, 365 18th Street DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY & ATLANTIC PARK, INC. / THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Major Entertainment Venue Sign at 1915 Baltic Avenue, 320 & 400 20th Street, 365 18th Street (GPINs: 24270757850002, 24270757850003, 24271709600001, & 24271703780002) DISTRICT 6 The following conditions shall be required.• 1. The proposed signage shall be developed in substantial conformance with the submitted sign plan entitled "ExhibitA"which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 2. The applicant is authorized to submit a maximum of seven hundred fifty (750) square feet of additional Major Entertainment Venue Signage that can be reviewed and approved administratively by the Zoning Administrator after the approval of this application. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning& Community Development. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21' day of January Two Thousand Twenty Five. Voting: 9- 0 Council Members Voting Aye: Michael F Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 �l4GtN1A$EAc� - � City of Vi rgi ni a B each U r r2 0F OUR N010N5 VBov-"n ROBERT W."WORTH"REMICK CELL:(757)840-5855 COUNCIL MEMBER EMAIL:WRemtckCo�vbaov.com DISTRICT 6 File No. 0092744 January 21, 2025 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 Virginia Conflict of Interests Act, Sections 2.2-3115(l), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the application of the City of Virginia Beach and Atlantic Park Inc. for a major entertainment venue sign for property located at 1915 Baltic Avenue, 400 20"' Street, 320 20'h Street, and 365 181h Street. 2. 460 Commerce Center is a client of Colliers International Virginia, LLC ("Colliers"). 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. 3. 460 Commerce Center is not a party to this transaction, but it has principals and investors in common with Atlantic Park Inc., so I am making this disclosure. I do not personally provide services to the client, and the City Attorney's Office has advised me that the Act provides that I may participate in the City Council's consideration of this application. 4. 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- January 21,2025 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, U, 44 1�� Worth Remick Councilmember RWR/RRI OR W, stye OR St °OR OR o OR O'R a Sty et Fc; 1-R O P a Q =v , R 1St O \ 2 ,-�d ' , -street OR OR r! a ,, , _ R �h styes O R✓ R� // OR R low OR et O R a q 4A19th st n - OAR O R OR O v � PO a ,1 UK � IL S �� �\ JR p, R O R o� OR O,R 51 � DR O R— n OR..,O OR �R OR N ® site The City of Virginia Beach Development Authority W. E Property Polygons & Atlantic Park, Inc. S Zoning 1915 Baltic Avenue, Building 320 & 400 20th Street, 365 18th Street Feet 0 50100 200 300 400 500 600 35 ITEM— VI.J.3 PLANNING ITEMS ITEM#76586 Upon motion by Council Member Henley, seconded by Council Member Ross-Hammond, City Council DEFERRED TO MARCH4, 2025,BY CONSENT, application of DAMNECKASSOCI4TES,LLCfor a Conditional Change of Zoning from A-18 Apartment District & B-2 Community Business District to Conditional B-4 Mixed-Use District and a Modification of Proffers to a Conditional Change of Zoning re develop a mixed-use project at 872 & 1089 Dam Neck Road and 1064 & 1080 Dam Neck Station Road DISTRICT 5 (Approved September 20, 2022) Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 �1��BEAc City of VirgiT1 a Seach S OF DVR NX00N5 "gov-Com ROBERT W."WORTH"REMICK CELL:(767)840-5855 COUNCIL MEMBER EMAIL:WRemick vb ov.ccm DISTRICT 6 File No. 0092746 January 21, 2025 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 Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the application of Dam Neck Associates, LLC for a conditional rezoning and modification of proffers to a conditional rezoning for property located at 872 and 1089 Dam Neck Road and 1064 and 1080 Dam Neck Station Road. 2. Franklin Johnston Group Management & Development, LLC was identified by the applicant as an affiliated entity or a business with a parent-subsidiary relationship with the applicant. Franklin Johnston Group is a client of Colliers International Virginia, LLC ("Colliers"). 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. 3. I do not personally provide services to the client, and the City Attorney's Office has advised me that the Act provides that I may participate in the City Council's consideration of this application. 4. 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- January 21,2025 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, ArthRemick Councilmember RWR/RRI 36 ITEM— V1.14 PLANNING ITEMS ITEM#7658 7 Upon motion by Council Member Henley, seconded by Council Member Ross-Hammond, City Council APPROVED, AS PROFFERED, AS CONDITIONED, BY CONSENT, application of FWM RESIDENTIAL RENTAL PROPERTIESLLCfor a Conditional Change ofZoningfrom R-SS Residential District to Conditional RT-3 Resort Tourist District and a Conditional Use Permit re commercial marina at 310& 312 Winston Salem Avenue DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4 FWM RESIDENTIAL RENTAL PROPERTIES LLC for a Conditional Change of Zoning from R-5S Residential District to Conditional RT-3 Resort Tourist District and a Conditional Use Permit re commercial marina at 310 & 312 Winston Salem Avenue (GPINs: 2427129328, 2427128357, 2427129123, 2427129184 )DISTRICT 5 The following conditions shall be required: Conditional Change of Zoning: An agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court Conditional Use Permit: 1. When the site is developed, it shall be in substantial conformance with the submitted conceptual site plan exhibit entitled "310/312 WINSTON SALEMAVENUE",prepared by Langley& McDonald, Inc, and revised September 30, 2024, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A Joint Permit Application shall be approved by the Department of Planning&Community Development and a building permit obtained from Permits and Inspections for each dock prior to beginning construction. 3. The dry storage of boats shall not be permitted on the site. 4. The repair of boats and the sale of boating supplies and fuel shall not be permitted on the site. 5. The applicant shall contact the Fire Inspector Supervisor with the City of Virginia Beach Permits and Inspections Office, 75 7-385-8 769, regarding any required Fire Protection. 6. All provisions in the Virginia Statewide Prevention Code, Chapter 36—Marinas, shall be adhered to and maintained. January 21, 2025 37 ITEM— VI.J.4 PLANNING ITEMS ITEM#7658 7 (Continued) This Ordinance shall be effective in accordance with Section 107(fi of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21" day of January Two Thousand Twenty Five. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 A3�6 t ` R5`S R-5S -- k36 RT1 RT3 R5S U�1 A36 R;T-1 RT3 O`ROR pve _. 0 e_ _ n � race _ `� Q o 0 o MOO R.5S --nue R5S R5- _ �1em p RT1 RT1 0 _n Sa R R5S ��� f al 5� > R5S ° Q •- I R�5S S a RT3 RT3 . 1 a N ® site FWM Residential Rental Properties LLC W ` E Property Polygons 310 & 312 Winston Salem Avenue S QZoning Building Feet 0 3060 120 180 240 300 360 FWM RESIDENTIAL RENTAL PROPERTIES, LLC,a Virginia limited liability company TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT ("Agreement" or "Declaration") is made and entered into as of the Effective Date (as such date is defined in this Agreement), by and between FWM RESIDENTIAL RENTAL PROPERTIES LLC, a Virginia limited liability company ("GRANTOR"), and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,being referred to herein as("GRANTEE"). WITNESSETH: WHEREAS, Owner is the owner of those certain parcels of improved real property located in the City of Virginia Beach, Virginia, commonly referred to as 31 0&312 Winston Salem Avenue(GPIN #s: 2427-12-9328-0000, 2427-12-9184-0000, 2427-12-8357-0000 & 2427-12-9123-0000), all as more particularly described in Exhibit A, attached hereto and incorporated herein by reference(collectively, "Pro "); WHEREAS, GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to GRANTEE so as to change the Zoning Classification of the Property, from R-5S Residential Single-Family District to Conditional RT-3 Resort Tourist District. WHEREAS,it is GRANTEE's policy to provide only for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the proposed rezoning gives rise; and WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before GRANTEE, as part of the proposed amendments to the Zoning Map of the City of Virginia Beach, Virginia("Zoning Map")with respect to the Property, 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 Zoning Map relative and applicable to the GPIN#s: 2427-12-9328-0000,2427-12-9184-0000,2427-12-8357-0000 &2427-12-9123-0000 Prepared by: Lisa M.Murphy,Esquire(VSB#39111) Willcox& Savage,P.C. 440 Monticello Avenue, Suite 2200 Norfolk,Virginia 23510 Property,which have a reasonable relation to the proposed rezonings and the need for which is generated by the proposed rezonings. NOW, THEREFORE,the GRANTOR, and its 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 or quid pro quo for zoning,rezoning, site plan,building permit,or subdivision approval,hereby makes the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that these proffers shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR,and its successors, assigns,grantees and other successors in interest or title: 1. The number of residential dwelling units on the Property shall not exceed the number of residential dwelling units existing on the Property on the Effective Date of this Agreement. 2. The Effective Date of this Agreement shall be the date this Agreement is approved by City Council;provided,however, in the event that these proposed amendments to the Zoning Map with respect to the Property are overturned by subsequent judicial determination,this Agreement shall be null and void. All references herein to the RT-3 Resort Tourist District and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions,having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the amendments to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date this Agreement is approved by City Council, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia("Clerk's Office") and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before City Council which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 2 I-2867296.1 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 and restrictions, including the authority(a)to order, in writing, that any noncompliance with such conditions be remedied, and(b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit,or proceeding; 2. The failure to meet all conditions and restrictions 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 these provisions, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office and indexed in the names of each of the GRANTOR and GRANTEE. [THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURES AND SEALS ON FOLLOWING PAGE.] 3 1-2867296.1 WITNESS the following signature and seal. GRANTOR: FWM RESIDENTIAL RENTAL PROPERTIES,LLC, a Virginia limited liability company By: (SEAL) NaAWiI ' . Wi x,II Titl COMMONWEALTH OF VIRGINIA CITY OF,>>Y i y-�► rj�j to wit: The foregoing instrument was acknowledged before me this jf�day of C-e rn i>e f by William A. Wilcox, II,as Manager of FWM RESIDENTIAL RENTAL PROPERTIES,LLC,a Virginia limited liability company,on behalf of said company. [SEAL] ,'llNll / OETSCy Not ry Publi .......... R9iy' Registration No: 00Q 7'Y3q j 3• 00278393�� REG s °..yams My Commission Expires: 41.41V-k- 31, Z• °' = COMMISSION ��''•.��ALTH OF�.•• [Signature Page to Proffered Covenants, Restrictions and Conditions] Exhibit A to Proffered Covenants,Restrictions and Conditions LeQ�ption of the Property PARCEL 1 (310 Winston Salem Avenue)*. A. ALL THOSE certain lots,pieces or parcels of land.with the buildings and improvements thereon,situate, lying and being in the City of Virginia Beach,Virginia,and being known,numbered and designated as Lots 7 and 8,Block 18,as shown an that certain plat entitled Shore Acres,which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 7,at Page 137;and B. All right,title and interest,Including by adverse possession,if any,of the grantors In and to that certain parcel of land lying between the southern or rear line of Lots 7 and 8,as described aforesaid,and the southern line of the wooden bulkhead which lies on the northern shoreline of Lake Ruddee,as is shown on that certain survey by John E.Sirine&Associates dated November 22,1985,and entitled"Physical Survey of Lots 7 and 8.Block 18, Shore Acres for William R.Shreckhise,"a copy of which was attached to the source deed described below, reference to which is hereby made. PARCEL 2(Parcel adjacent to 310 Winston Salem Avenue): ALL THAT certain piece or parcel of land,and/or land covered by water,which is located in Virginia Beach Borough,Virginia Beach,Virginia,and identified and particularly described as beginning at a point 172 feet,more or less,south along the prolongation of the lot line between Lots 8 and 9,In Block 18,Plat of Shore Acres,Map Book 7,Part 2, Page 137,from the intersection of Winston-Salem Avenue and the northwest comer of Lot 8, Block 18, Plat of Shore Acres,Map Book 7, Part 2,Page 137;and from said point of beginning sold parcel is bounded on the north by the southern boundary line of property belonging to V&N Associates,a Virginia general partnership(formerly belonging to William R.Shreclkhise,at ux),said property of V&N Associates being described in Deed Book 2513, Page 1164,in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,being approximately 50 feet in width,said V&N Associates property being Lots 7 and 8, in Block 18,Plat of Shore Ames;and bounded on the east by the prolongation in a southerly directly of the western boundary line of Lot 6, Block 18,as shown on the aforesaid Plat of Shore Acres(this line also being the prolongation of the boundary line between Lots 6 and 7, in said Block 18)and by the property now or previously owned by Richard Swope,at al;and bounded on the south by the southern boundary line of the unsubdivided area shown on the above described Plat of Shore Acres as belonging to Shore Acres,Inc.,Map Book 7, Part 2, Page 137;and bounded on the west by property formerly belonging to V&N Associates that has been conveyed unto Joseph E. Thain,at ux,by deed dated June 12, 1986,recorded in the Cleric's Office,Circuit Court,City of Virginia Beach, Virginia;which said parcel conveyed unto said Thains was also part of the property formerly or now owned by V& N Associates,originally designated as Parcel"B"(see Deed Book 2328,Page 214,in the aforesaid Clerk's Office), the western boundary of the parcel being herein conveyed also being the prolongation in a southerly direction of the western lot line of Lot 11.Block 18,on the aforesaid Plat of Shore Acres,which said lot line being also described as the prolongation of the platted boundary line between Lots 8 and 9,In Block 18 aforesaid,SAVE AND EXCEPT THEREFROM that certain parcel conveyed by V&N Associates to the City of Virginia Beach by deed dated April 23, 1987,duly ofrecord in Deed Book 2639,Page 294,which sold parcel is described as'Parcel 28A,"as shown on that certain plat In Deed Book 2600, Page 1651,reference to which is hereby made. A-1 Exhibit A to Proffered Covenants,Restrictions and Conditions Leal Description of the Propert (cont'd) PARCEL 3(312 Winston Salem Avenue): ALL those three certain lots of land with the buildings and improvements thereon and the appurtenances thereunto belonging,situate In the City of Virginia Beach,State of Virginia,and known,numbered and designated as Lots 9, 10 andl I;in Block 18,on the Plat of Shore Acres,duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Map Book 7,at page 137;the said lots fronting on the south side of Winston Salem Avenue,formerly Fourth Street,between Artie and Baltic A venues,with the dimensions shown on said plat to which reference is hereby made for a further description thereof. PARCEL 4(Parcel adjacent to 312 Winston Salem Avenue): ALL that certain place or parcel of land and/or covered by water which is located in Virginia Beach Borough, Virginia Beach,Virgin,and identified and particularly described as beginning at a point 150 feet,more or less, south along the prolongation of the lot line between Lots 12 and 11,in Block 18,Plat of Shore Acres,Map Book 7, Part 2,Page 137,from the intersection of Winston Salem A venue and the northwest comer of Lot 11,Block 1a, Plat of Shore Acres,Map Book 7, Part 2,Page 137,and from said point of beginning said parcel is bounded on the north by the southern boundary line of property belonging or formerly belonging to Joseph E.Thain and Susan C.Thain(Deed Book 2221, Page 1188,in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia),being approximately 75 feet in width,said Thain property being Lots 9, 10,11.in Block 18,Plat of Shore Acres,bounded on the east by the prolongation in a southerly direction of the western boundary line of Lot 8,Block 18,as shown on the aforesaid Plat of Shore Acres(this line also being the prolongation of the boundary line between Lots 8 and 9,in said Block 18)and by the remaining property now or formerly owned by V&N Associates,originally designated as Parcel"E`(Deed Book 2328,Page 214,in the aforesaid Clerk's Office); bounded on the south by the southern boundary line of the unsubdivided area shown on the above described Plat of Shore Acres as belonging to Shore Acres,Inc.,Map Book 7,Part 2, Page 137;and bounded on the west by property formerly belonging to V&N Associates that has been conveyed unto R.Inlet Associates(see Deed Book 2491, Pages 809-811,Clerk's Office,Circuit Court,City of Virginia Beach,Virginia;which said parcel conveyed unto R Inlet Associates was also a part of said original Parcel'B'referred to above),the western boundary of the parcel being herein conveyed also being the prolongation in a southerly direction of the western lot line of Lot 11, Block 18,on the aforesaid Plat crf Shore Acres,less so much of this parcel as was conveyed to the City of Virginia Beach,by deed dated June 16, 1987,and recorded In the Clerk's Office of the Circuit Court of the City of Vrginla Beach,Virginia, In Deed Book 2691,at page 0263. IT BEING A PORTION OF THE SAME PROPERTY CONVEYED TO FWM RESIDENTIAL RENTAL PROPERTIES, LLC BY DEED FROM CHERYL P.MCLESKEY,TRUSTEE OF THE F.WAYNE MCLESKEY,JR. QTIP MARITAL TRUST FSO CHERYL P.MCLESKEY UAD JUNE 20, 1997,AS AMENDED AND RESTATED, DEED DATED MARCH 11,2013, RECORDED APRIL 5,2013 IN INSTRUMENT NUMBER 20130405000394090 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,VIRGINIA. A-2 38 ITEM— VI.J.5 PLANNING ITEMS ITEM#76588 Upon motion by Council Member Henley, seconded by Council Member Ross-Hammond, City Council DEFERRED TO FEBRUARY 4, 2025, BY CONSENT, application of GREEN CLEAN HOLLAND, LLC I ALP & ALEX ASLAN for a Conditional Use Permit re car wash facility at 4245 Holland Road DISTRICT 10(City Council Requests Deferral to February 4, 2025) Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 39 ITEM— VI.J.6 PLANNING ITEMS ITEM#76589 Upon motion by Council Member Henley, seconded by Council Member Ross-Hammond, City Council APPROVED,AS CONDITIONED,BY CONSENT, application of VEONCA EVANS/QUANMLE& NHI HO for a Conditional Use Permit re family day-care home at 5317 Canterford Lane DISTRICT 7 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA VEONCA EVANS/QUANM LE&NHI HO for a Conditional Use Permit re family day-care home at 5317 Canterford Lane (GPIN 1465371567) DISTRICT 7 The following conditions shall be required: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. There shall be only one Home Occupation operating on the property at a time, such as the Family Care-Day Home associated with this Conditional Use Permit. 3. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 4. The final number of children permitted to stay overnight at the Family Day-Care Home shall be determined by the Department of Education, in accordance with all applicable regulations and guidelines. 5. No more than one (1) additional employee/volunteer, who does not reside in the home, shall assist with the operation of the Family Day-Care home at any one time. 6. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 7. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license may result in revocation of the Family Day-Care Home Conditional Use Permit. 8. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 9. 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 Off cial's Off ce for use of the house as a Family Day-Care Home. January 21, 2025 40 ITEM— VU.6 PLANNING ITEMS ITEM#76589 (Continued) 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 21' day of January Two Thousand Twenty Five. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 / A`2 A1�2 B2 B2 i for Al2 Al2 A;1�2 O � 01 01 0202 B2 B2 N ® site Veonca Evans W 7*- E Property Polygons 5317 Canterford Lane S Zoning Building mmmmcz=Feet 012.55 50 75 100 125 150 41 ITEM— VI.J.7 PLANNING ITEMS ITEM#76590 Upon motion by Council Member Henley, seconded by Council Member Ross-Hammond, City Council ADOPTED,BY CONSENT, Ordinance to AMEND and REORDAIN the Airport Noise Attenuation and Safety Ordinance(Appendix I)re amend Section 9 pertaining to required Disclosures in Sales and Rentals of Real Estate Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 1 AN ORDINANCE TO AMEND AND REORDAIN THE 2 AIRPORT NOISE ATTENUATION AND SAFETY 3 ORDINANCE (APPENDIX 1) BY AMENDING SECTION 9 4 PERTAINING TO REQUIRED DISCLOSURES IN SALES 5 AND RENTALS OF REAL ESTATE 6 7 Section Amended: Appendix I, Section 9 8 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That the Airport Noise Attenuation and Safety Ordinance of the City of Virginia 14 Beach (City Code Appendix 1) is hereby amended and reordained by the amendment of 15 Section 9, to read as follows: 16 17 APPENDIX I. AIRPORT NOISE ATTENUATION AND SAFETY ORDINANCE 18 19 . . . . 20 21 Sec. 9. Required disclosures in certain real property transactions. 22 23 (a) The provisions of Virginia Residential Property Disclosure Act (Virginia 24 Code Sections 55-517 th;. 5225 55.1-700 thr. -714), as applicable to required 25 disclosures regarding real property in localities in which a military air installation is 26 located, are hereby incorporated by reference. 27 28 (b) The provisions of Virginia Code Section 55 248.1 55.1-1217, pertaining 29 to required disclosures in rentals of residential property in localities in which a military 30 air installation is located, are hereby incorporated by reference. 31 32 (c) Any person who fails to provide the disclosure required by this section 33 shall be subject to the remedies provided in Virginia Code Section 55 524 or-55- 34 248.12:155.1-713 or 55.1-1217, as the case may be. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 1 s t day Of January 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: "Planning Depa ment City Attorney's Office CA16665 R-3 January 7, 2025 42 ITEM— VIM APPOINTMENTS ITEM#76591 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE EASTERN VIRGINL4 REGIONAL INDUSTRIAL FACILITYAUTHORITY GREEN RIBBON COMMITTEE HISTORICAL REVIEW BOARD HOUSING AD VISOR Y BOARD INDEPENDENT CITIZENREVIEW BOARD OLD BEA CH DESIGN RE VIE W COMMITTEE OPEN SPACE ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE STORMWA TER MANAGEMENT IMPLEMENTA TION AD VISOR Y GROUP TRANSITIONAREAIINTERFACILITYTRAFFICAREA CITIZENS ADVISORY COMMITTEE VIRGINL4 BEACH CANNABIS ADVISORY TASK FORCE January 21, 2025 43 ITEM— VI.K APPOINTMENTS ITEM#76592 Upon NOMINATION by Council Member Henley, City Council REAPPOINTED: MAYOR DYER VICE MAYOR WILSON COUNCIL MEMBER BERL UCCHI COUNCIL MEMBER HUTCHESON Four year term 11112025- 1213112028 ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 44 ITEM— VI.K APPOINTMENTS ITEM#76593 Upon NOMINATION by Council Member Henley, City Council APPOINTED: HOWARD KERN Unexpired term thru 813112026 DEVELOPMENT A UTHORITY Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 $5 ITEM— VI.K APPOINTMENTS ITEM#76594 Upon NOMINATION by Council Member Henley, City Council REAPPOINTED: HAYDENDUBAY Three year term 21112025- 113112028 HISTORICAL REVIEW BOARD Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 46 ITEM— VIX APPOINTMENTS ITEM#76595 Upon NOMINATION by Council Member Henley, City Council REAPPOINTED: LOUIS SCHAGER Five year term 31112025—212812030 MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 47 ITEM— VI.K APPOINTMENTS ITEM#76596 Upon NOMINATION by Council Member Henley, City Council APPOINTED: EMILMNO ORENCL4 Unexpired term thru 813112026 PUBLIC LIBRARY BOARD Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 48 ITEM— V1 K APPOINTMENTS ITEM#7659 7 Upon NOMINATION by Council Member Henley, City Council REAPPOINTED: ROBERT MELATTI DEEPAK NACHNANI Three year term 31112025—212812028 RESORT ADVISORY COMMISSION Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 49 ITEM— VI.K APPOINTMENTS ITEM#76598 Upon NOMINATION by Council Member Henley, City Council REAPPOINTED: MELISSA HORAL Three year term 31112025—2/28/2028 TRANSITIONAREAIINTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE Voting. 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson January 21, 2025 50 ADJOURNMENT ITEM#76599 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSIONADJOURNED at 6:19 P.M. �r Terri lius Chief Deputy ity Clerk 'IfA Am da Barnes, Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia January 21, 2025