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HomeMy WebLinkAbout6-3-2025 FORMAL SESSION AGENDA o�N�' BFAc 04 �� City of Virginia Beach "COMMUNITY FOR A LIFETIME �9 v� �F BUR NAT10N City Council Members Mayor Robert M. "Bobby" Dyer bdver@VBgov.com 1 757-385-4581 Vice Mayor Rosemary Wilson, District 5 Cal "Cash"Jackson-Green, District 7 rcwilson@VBgov.com 1 757-422-0733 ciacksongreen@VBgov.com 1 757-629-8792 Michael F. Berlucchi, District 3 Robert W. "Worth" Remick, District 6 mberlucc@VBgov.com 1 757-407-5105 wremick@VBgov.com 1 757-840-5855 Stacy Cummings, District 8 Dr. Amelia N. Ross-Hammond, District 4 stcummings@VBgov.com 1 757-629-8691 arosshammond@VBgov.com 1 757-840-0735 Barbara M. Henley, District 2 Jennifer Rouse, District 10 bhenley@VBgov.com 1 757-426-7501 jvrouse@VBgov.com 1 757-840-1821 David Hutcheson, District 1 Joashua F. "Joash" Schulman, District 9 dhutcheson@VBgov.com 1 757-651-7641 ischulman@VBgov.com 1 757-840-1291 Email all City Council members at CityCouncil@VBgov.com City Council Appointees Patrick A. Duhaney City Manager Amanda Barnes City Clerk Mark D. Stiles City Attorney Sue Cunningham City Real Estate Assessor Lyndon S. Remias City Auditor City Hall, Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Phone: 757-385-4303 1 Fax: 757-385-5669 City Council Agenda June 3, 2025 Mayor Robert M. "Bobby" Dyer Presiding I. CITY MANAGER'S BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. RUDEE LOOP UPDATE 1:00 P.M. Michael Kirschman, Director— Parks & Recreation Chad Morris, Planning Design & Development Administrator— Parks & Recreation B. HOMELESS ISSUES AND SERVICE DELIVERY 1:45 P.M. Ruth Hill, Director— Housing & Neighborhood Preservation C. OCEANFRONT SAFETY AND ENFORCEMENT 2:30 P.M. Paul Neudigate, Police Chief 11. CITY COUNCIL LIAISON REPORTS 3:15 P.M. III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 P.M. IV. CITY COUNCIL AGENDA REVIEW 3:45 P.M. V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:00 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSION — May 6, 2025 2. SPECIAL FORMAL SESSIONS — May 13, 2025 3. INFORMAL AND FORMAL SESSION — May 20, 2025 4. FORMAL SESSION — May 27, 2025 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION - LGBTQ Pride Month Jeff Ryder— Hampton Roads Pride President 2. PROCLAMATION — MIGRAINE AND HEADACHE AWARENESS MONTH John Carvelho - Shades for Migraine with The Association of Migraine Disorder Anya Wolfenden - MA, Education & Program Development (American Migraine Prevention Study) John Waitekus, M.D. - Physician Advisor I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES 1. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement from Jeffrey A. and Maryellen W. Kroll (78.26+/-Acres), the issuance by the City of its contract obligations in the maximum principal amount of$893,610 and TRANSFER funds to purchase U.S. Treasury STRIPS 2. Ordinance to AUTHORIZE temporary encroachments into a variable width City-owned drainage and impoundment easement, at the rear of 1133 Pond Cypress Drive re maintain an existing variable width wooden deck and landscaping, construct and maintain a 36.57-foot wooden bulkhead with fourteen (14) wooden piles and associated connecting cables DISTRICT 9 3. Ordinance to ACCEPT and APPROPRIATE $2,729,769.06 from the Virginia Office of Children's Services to the FY 2024-25 Human Services Operating Budget re Children's Services Act (CSA) Program K. PLANNING 1. DAWN FEDEROVICH / CHRISTINA M. SOQUET for a Conditional Use Permit re home-based wildlife rehabilitation facility at 6365 Colby Way DISTRICT 7 (Deferred from May 20, 2025) RECOMMENDATION: APPROVAL APPLICANT REQUESTS WITHDRAWAL L. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • ARTS AND HUMANITIES COMMISSION • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF ZONING APPEALS • BOARD OF BUILDING CODE APPREALS • CLEAN COMMUNITY COMMISSION • COMMUNITY POLICY AND MANAGEMENT TEAM • EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY • FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD • GREEN RIBBON COMMITTEE • HAMPTON ROADS PLANNING DISTRICT COMMISSIOM • HEALTH SERVICES ADVISORY BOARD • HISTORIC PRESERVATION COMMISSION • HISTORICAL REVIEW BOARD • HOUSING ADVISORY BOARD • HUMAN RIGHTS COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • OLD BEACH DESIGN REVIEW COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PARKS AND RECREATION COMMISSION • PERSONNEL BOARD • PROCESS IMPROVEMENT STEERING COMMITTEE • PUBLIC LIBRARY BOARD • RESORT ADVISORY COMMISSION • SOCIAL SERVICES ADVISORY BOARD • STORMWATER MANAGEMENT IMPLEMENTAT►ON ADVISORY GROUP • TIDEWATER COMMUNITY COLLEGE • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION • VIRGINIA BEACH VA250 COMMITTEE M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT OPEN DIALOGUE For non-agenda items, each speaker will be allowed three minutes. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on June 3, 2025. I. CITY MANAGER'S BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. RUDEE LOOP UPDATE 1:00 P.M. Michael Kirschman, Director—Parks & Recreation Chad Morris, Planning Design & Development Administrator— Parks & Recreation B. HOMELESS ISSUES AND SERVICE DELIVERY 1:45 P.M. Ruth Hill, Director— Housing & Neighborhood Preservation C. OCEANFRONT SAFETY AND ENFORCEMENT 2:30 P.M. Paul Neudigate, Police Chief II. CITY COUNCIL LIAISON REPORTS 3:15 P.M. III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 P.M. IV. CITY COUNCIL AGENDA REVIEW 3:45 P.M. V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:00 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSION — May 6, 2025 2. SPECIAL FORMAL SESSIONS— May 13, 2025 3. INFORMAL AND FORMAL SESSION — May 20, 2025 4. FORMAL SESSION — May 27, 2025 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION - LGBTQ Pride Month Jeff Ryder— Hampton Roads Pride President 2. PROCLAMATION — MIGRAINE AND HEADACHE AWARENESS MONTH John Carvelho - Shades for Migraine with The Association of Migraine Disorder Anya Wolfenden - MA, Education & Program Development (American Migraine Prevention Study) John Waitekus, M.D. - Physician Advisor ♦,�rZv�LA r0 j►op BUR NODHS Vrodamation 'Whereas: The City of'Virginia Beach remains committed to fostering an inclusive community that welcomes and empowers a1X In an effort towards continued improvement of the lives of our workforce and citizens, an LGBIIQLiaison has been identified in each of our public safety departments and in the City 9danager's Office. 'Ihe Liaisons e;camine the city s policies and services through an LGBgQ lens and provide a friendly ear to constituents or staff wishing to bring LGBTQ-related issues to the attention city government which has fed to the City of Virginia Beach receiving a perfect score on the Ifuman P4ghts Campaign's 9Kunicipal EquaCty Index and `Whereas: ?Tits City's LGBIIQ Community members, through tireless volrcnteensm andadvocacy, build strong community partnerships connecting LGBgQyouth, teens, adufts, and families to supportive resources that enhance the physical, mentai and social wefi=being of our entire community while demonstrating the capacity of the creative, socia4 economic, and influential farce of the LGBTQ Community and its affixs to effect positive change where we five,where we wort,andwhere we play;and Gld4erras: In the movement toward equal rights for fes6ian,gay, 6iseVxa and transgender(LGBgQ people, a historic turning point occurred on June 28, 1969, in New York City, with the onset of the Stonewad Riots. During these riots,L GBTQ citizens rose up andfought against the discriminatory criminalfaws that have since been decfaredunconstitutionaC-and `4Yfiereas: June is cefe6ratedas LGB7QPnde 911onth nationwide and LGB7Qpnde celebrations have taken place around the country every June to commemorate the beginning of the StonewaITT}ots;and 'Wlier=- June 2025 wilt mark37 years of summertime festivals, now known as PrideTest hosted 6y Ifampton Rpads `'ride, who will host Pride at the Beach at the Oceanfront in the City of'Virginia Beach on.Sunday,June 2$ 2025,•and 'Whereas: Since its inception,7fampton Rvads Pride has continued to cefe6rate unity,embrace diversity,and instillpride in our region's LGBgQ and aTud communities by increasing vERbiarty and promoting fuff human and civil rights ofLGBTQpeople;and 4Nhereas: It is imperative that all people in the community, regardless of setual orientation or gender identity, are respected,safe,empowered,andsupported6y theirpeers,educators,andcommunity leaders. Now q&mefom I W95ert 94.(Dyer,9dayor of the City of Virginia Beach,'Virginia,do hereby proclaim: ,butte 2025 ?ride W-onth In`G*nia&,4c,and I call on alI our citizens to eliminate prejudice everywhere it aicists and askyou to join me in cefebrating the great diversity of our community as we workto 6udda culture of inclusiveness andacceptance. In'DLftness`Whereof,I have hereunto set my hand and caused the OfficiafSeafof the City of'Virginia Beach, 'Virginia, to be afftxedthis ghird(Day of June,Two ghousandgiventy-Five. g Robert W. `Bobby"Dyer Mayor ow`4 pp •t j►Or DUR NAT% Vrodamation U*e►eas: ?feadache disorders, including migraine, cluster headache, new daily persistent headache,and other neurological headache diseases, affect more than 40 miRion Americans and over 1.1 6idwn people woddwdfe;and 'Gtd4ereas: 7feadache diseases are among the fearing causes of dua6dityglobaliy,•and %*erras: An estimated 4 mi(rion Americans Cve with chronic migraine, experiencing symptoms IS or more days per month;and M 4ercas: 'Veterans and military personnel experience higher rates of post-traumatic headache and migraine due to traumatic brain injuries sustained in service;and `Whereas: Ifeadache diseases place a severe economic burden, costing V.S. companies over$78 60wn annually in Cost productivity and healthcare e;�penses;and Whereas: Stigma and misinformation have historicaly stiAd research, treatment innovation, and public awareness. Now, rlferefan I, W96ert M. Bobby"(Dyer, Mayor of the Pity of'Virginia Beach, Virginia, do hereby procfaim: ,dune 2025 9W*aine and g eadache Awareness JKonth Proclamation In Virginia Beach,I call upon all citizens,?feafthcare professionals,and poCwymakers to support awareness, research,and improved access to care for headache diseases. In'Witness'G�,I have hereunto set my handandcaused the Official,Seal of the City of Virginia Beach, Virginia,to be aff xed this ghird:Day oflune Two Thousand and7wenty-Five. Rgbert M. Bo66y"Eyerr v Mayor I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES 1. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement from Jeffrey A. and Maryellen W. Kroll (78.26+/-Acres), the issuance by the City of its contract obligations in the maximum principal amount of$893,610 and TRANSFER funds to purchase U.S. Treasury STRIPS 2. Ordinance to AUTHORIZE temporary encroachments into a variable width City-owned drainage and impoundment easement, at the rear of 1133 Pond Cypress Drive re maintain an existing variable width wooden deck and landscaping, construct and maintain a 36.57-foot wooden bulkhead with fourteen (14) wooden piles and associated connecting cables DISTRICT 9 3. Ordinance to ACCEPT and APPROPRIATE $2,729,769.06 from the Virginia Office of Children's Services to the FY 2024-25 Human Services Operating Budget re Children's Services Act (CSA) Program 11A C yyy CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Jeffrey A. and Maryellen W. Kroll (78.26+/- Acres), 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $893,610, and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS PUBLIC HEARING DATE: May 20, 2025 MEETING DATE: June 3, 2025 ■ Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon nine (9) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e. value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City, s interests, and other standard contingencies. ■ Considerations: The subject property, which consists of one (1) parcel of land having approximately 78.26 acres outside of marshland and swampland, is owned by Jeffrey A. and Maryellen W. Kroll. The parcel is located at 2216 Stowe Road (GPIN: 2400-26-5653) and is shown on the attached Location Map. Under current development regulations, there is a total development potential of ten (10) single-family dwelling building sites, of which two (2) building sites are being reserved for future development. The proposed purchase price, as stated in the ordinance, is $893,610. This price is the equivalent of approximately $11,418 per acre. The terms of the proposed acquisition are that the City would pay only interest for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.380% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.380% without the further approval of the City Council. The City has matching funds available for a portion of this purchase through the Virginia Department of Forestry ("VDOF"), pursuant to an agreement between the City and VDACS, authorized by this Council on March 4, 2025 (RES-04310). The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ■ Public Information: Notice of Public Hearing has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks (May 4, 2025 and May 11, 2025). The Public Hearing will be held on May 20, 2025. Public notice will be provided via the normal City Council agenda process. ■ Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Location Map Disclosure Statement Form Recommended Action: Adoption Submitting Department/Agency: Agriculture Department City Manager: �W 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION 2 OF AN AGRICULTURAL LAND PRESERVATION 3 EASEMENT FROM JEFFREY A. AND MARYELLEN W. 4 KROLL (78.26+/- ACRES), 2) THE ISSUANCE BY THE 5 CITY OF ITS CONTRACT OBLIGATIONS IN THE 6 MAXIMUM PRINCIPAL AMOUNT OF $893,610, AND 3) 7 TRANSFER OF FUNDS TO PURCHASE U.S. 8 TREASURY STRIPS 9 10 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 11 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 12 presented to the City Council a request for approval of an Installment Purchase Agreement 13 (the form and standard provisions of which have been previously approved by the City 14 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 15 the City Attorney's Office)for the acquisition of the Development Rights (as defined in the 16 Installment Purchase Agreement) on certain property located in the City and more fully 17 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 18 $893,610; and 19 20 WHEREAS, the aforesaid Development Rights shall be acquired through the 21 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 22 compliance with, the requirements of the Ordinance; and 23 24 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 25 purchase as evidenced by the Installment Purchase Agreement. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. The City Council hereby determines and finds that the proposed terms and 31 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 32 Agreement, including the purchase price and manner of payment, are fair and reasonable 33 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 34 is hereby authorized to approve, upon or before the execution and delivery of the 35 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 36 balance of the purchase price set forth hereinabove as the greater of 4.380%per annum or 37 the per annum rate which is equal to the yield on United States Treasury STRIPS 38 purchased by the City to fund such unpaid principal balance; provided, however, that such 39 rate of interest shall not exceed 6.380% unless the approval of the City Council by 40 resolution duly adopted is first obtained. 41 42 2. The City Council hereby further determines that funding is available for the 43 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 44 the terms and conditions set forth therein. 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter of 59 the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the 60 indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $254,566.50 from the 63 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund, and the 64 City Manager is empowered to transfer sufficient additional funds or return funds not 65 required from the Agricultural Reserve Program Special Revenue Fund notwithstanding the 66 dollar limits provided by the Annual Appropriation Ordinance, to purchase the United States 67 Treasury STRIPS as described in the Installment Purchase Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City Council. 70 71 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 72 , 2025. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: 0 Agriculture Department B dget and Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FUNDS: / director of Finance City Attorney'9 Office CA16560 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d010\p050\00965501.doc R-1 May 8, 2025 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2024-174 SUMMARY OF TERMS SELLER: Jeffrey A. and Maryellen W. Kroll PROPERTY: 2216 Stowe Road/GPIN: 2400-26-5653 PURCHASE PRICE: $893,610 EASEMENT AREA: 78.26 acres,more or less DEVELOPMENT POTENTIAL: 10 single-family building sites(2 reserved by Seller for future development) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 4.380%(actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 6.380%without approval of City Council. TERMS: Interest only,twice per year for 25 years,with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate Settlement Transfer)for one(1)year following execution and delivery of the IPA. LOCATION MAP f .-IN• _ 4 :•Rj. p - .. Y A N Y _ _ ti..�_ p.. f¢ q � * �' yM. _ 1Ws.«.`.. - yr - yW � •w_..-«�. -- V 2216 Stowe Rd GPIN: 2400-26-5653 :.i4 W, tV Y...... W. Y+. a Easement Area: Approx. 78.26 Acres (Outside of Marsh) zsIle t — 41 m •s Disclosure Statement X� CUy cif Vivynv Banat Planning & Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Jeffrey Kroll and Maryellen Kroll Does the applicant have a representative? ❑ Yes ® NO • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes 0 NO • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 1 P a g e Disclosure Statement W Ciro of Vig6du liagfr 77 Planning &Community -,._._ Development Uk�•s Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes M No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No If yes,identify the financial institutions providing the service. Dollar Bank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes 0 No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No If yes,identify the firm and individual providing the service. DesRoches&Company,David DesRoches,2901 S.Lynnhaven Road,Suite 400,VB 23452 #757-498-3000 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes © No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Disclosure Statement W city of Voyma:Bauch Planning & Community Development A� 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? M Yes ❑ No • If yes,identify the firm and individual providing the service. To Be Determined Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant inatuile Jeffrey / Print Name and Title 6/20/2024 Date Is the applicant also the owner of the subject property? ® Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. • ' CITY USE ONLY/ that pertains to the applications No changes as of Date Signature Print Name Revised 11.09.2020 3 1 P a g e Disclosure Statement X� city uJ 1'uytntu Una _ Planning & Conununity� A ,.r___.� A I)evelopment Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 P a g e Disclosure Statement W Ot y,f l vV T uu Bald+ Planking &Community Development Owner Disclosure Owner Name Jeffrey Kroll and Maryellen Kroll Applicant Name Jeffrey Kroll and Maryellen Kroll Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ® No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship'means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 1 P a g e Disclosure Statement o*qfllirvinit B"-h Planning ity Develop Owner Services Disclosure ^- 1. Does the Owner have any existing financing(mortQage deeds of trust,ops*cpUater |ization etc)p,are they considering any financing in connection with the subject of the application or any business operating nrtnbe operated on the property? 0 Yes [] No ° If yes,identify the financial institutions providing the service. Dollar Bank l. Does the Owner have a real estate broke r/agent/rea Ito r for current and anticipated future sales of the subject property? O Yea 0 No ° |f yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application u,any business operating o,tnbe operated on the property? [] Yes MYdo ° |f yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? El Yes 0 No ° |f yes,identify the firm and individual providing the service. S. |s there any other pending or proposed purchaser uf the subject property? [] Yes V No ° |f yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application o'any business operating o, tobe operated on the property? El Yes 0 No ° |f yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating ortobe operated on the property? 0 Yes M No ° |f yes,identify the firm and individual providing the service. nrvisrdz109.2O2U 6 1 P a8e Disclosure Statement x" Planning & Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No If yes,identify the firm and individual providing legal the service. To Be Determined Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signa ure Maryellen W. Kroll Print Name and Title 6//20/2024 Date Revised 11.09.2020 7 1 P a g e T Z V �J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a variable width City- owned drainage and impoundment easement, located at the rear of 1133 Pond Cypress Drive. MEETING DATE: June 3, 2025 ■ Background: Kelly A. Foley, Trustee of the Kelly A. Foley Revocable Trust, dated March 14, 2016, (the "Applicant"), requests permission to maintain an existing variable width wooden deck and landscaping, and to construct and maintain a 36.57' wooden bulkhead with fourteen (14) wooden piles and associated connecting cables into a variable width City-owned drainage and impoundment easement, located at the rear of 1133 Pond Cypress Drive (GPIN: 1468-77-3252). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the City-owned easement, which is where the Applicant has requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Photos, Location Map, and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real EstatJi) City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A VARIABLE WIDTH CITY- 6 OWNED DRAINAGE AND 7 IMPOUNDMENT EASEMENT, 8 LOCATED AT THE REAR OF 1133 9 POND CYPRESS DRIVE. 10 11 WHEREAS, Kelly A. Foley, Trustee of the Kelly A. Foley Revocable Trust, 12 dated March 14, 2016, (the "Applicant"), requests permission to maintain an existing 13 variable width wooden deck and landscaping, and to construct and maintain a 36.57' 14 wooden bulkhead with fourteen (14) wooden piles and associated connecting cables 15 (collectively, the "Temporary Encroachment"), into a variable width City-owned drainage 16 and impoundment easement, located at the rear of 1133 Pond Cypress Drive; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's easements subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Kelly A. Foley, Trustee of the 27 Kelly A. Foley Revocable Trust, dated March 14, 2016, its heirs, assigns and successors in 28 title are authorized to maintain an existing wooden deck and landscaping and to construct 29 and maintain a wooden bulkhead with fourteen (14) wooden piles and associated 30 connecting cables into a variable width City-owned drainage and impoundment easement 31 as shown on the exhibit map entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING 32 PROPOSED WOOD BULKHEAD, EX. WOOD DECK & EX. GRAVEL FOR KELLY A. 33 FOLEY, TRUSTEE UNDER THE KELLEY A. FOLEY REVOCABLE TRUST LOCATED ON 34 LOT 14A, BLOCK HH PART OF PHASE 2, CYPRESS POINT M.B. 196, PG. 91 GPIN: 35 1468-77-3252 CITY OF VIRGINIA BEACH, VIRGINIA", Scale: 1" = 30', dated October 3, 36 2024 and revised through March 5, 2025, prepared by Gallup Surveyors & Engineers, a 37 copy of which is attached hereto as Exhibit A and on file in the Department of Public Works 38 and to which reference is made for a more particular description; 39 40 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 41 subject to those terms, conditions and criteria contained in the agreement between the City 42 of Virginia Beach and Kelly A. Foley, Trustee of the Kelly A. Foley Revocable Trust, dated 43 March 14, 2016(the "Agreement"), an unexecuted copy of which has been presented to the 44 Council in its agenda, and will be recorded among the records of the Clerk's Office of the 45 Circuit Court of the City of Virginia Beach; i 46 47 BE IT FURTHER ORDAINED, that the City Manager or his authorized 48 designee is hereby authorized to execute the Agreement; and 49 50 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 51 such time as Kelly A. Foley, Trustee of the Kelly A. Foley Revocable Trust, dated March 14, 52 2016,and the City Manager or his authorized designee execute the Agreement. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 55 day of , 2025. CA16597 R-1 Prepared: 5/13/25 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P IBLIWORKSNREAL ESTATE R. HARMEYER DEPUTY CITYATTORNEY a \5A/6A 4A , , 7j V 13A -� 15A of �pG�' APO 13A oG G\P � o JI O�$G �� 01° P C'9 1 STORY!` BRICK HOUSE #1133 O 14A A�13 �O I.N.2016032500024560 % SEE SHEET 4 FOR NOTES 8 �o,1 �t�0 ADJACENT OWNERS INFORMATION. G�J �EAI'TH O� 15A �� � py u DAt- UTLER 10' DRAINAGE EASEMENTy� `I c.No. 38395 M.B. 196, PG. 91 501 QQ���C�oti 5' MAINTENANCE EASEMENT F �ti�QV' s M.B. 196, PG. 91 Q\� �c SIGNAL 0 30 60 EXHIBIT A Revised: Feb. 5, 2025; Feb. 18, 2025; Mar. 5, 2025 ENCROACHMENT EXHIBIT SHOWING PROPOSED WOOD BULKHEAD, EX.WOOD DECK&EX. GRAVEL Sheet Name: Cover Sheet: 1 of 4 FOR Scale: 1"=30' Date: October 3, 2024 KELLY A. FOLEY, TRUSTEE UNDER THE GALLUP KELLY A. FOLEY REVOCABLE TRUST SURVEYORS& ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 14A, BLOCK HH PART OF PHASE 2, CYPRESS POINT VIRGINIA BEACH,VIRGINIA 23454 M.B. 196, PG. 91 GPIN: 1468-77-3252 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH,VIRGINIA W:\Foley,Kelly Anne-1133 Pond Cypress Drive\Drawings\23-04 Encroachment.dwg,3/5/2025 11:24:23 AM M EDGE OF WATER LAKE �,p.LTH OF co ALONG BULKHEAD PROPOSED 8" i, WOOD BULKHEAD O� N11041'50"E 36.57' 13 C' FACE OF 7 WOOD DAB UTLER PILES LINE 2 `1 c.No.38395 iv 1 15A N X j C.,LLJ FACE OF 7 WOOD ONAL =`' _— PILES LINE � M � L S11°44'03"W 42.37' _ — 0 o c 14A Z n. 2 M 2 33 ' 5.00' 14A 4.69' 4.37' S.48' v`o 13 A 04 6.73' 6.19' 6.09 �—11.11' �� C14 000 rn._ DECK Z Q\� ui to 8.00' o N O 0.94' aF\ o 15A 00 Q` W M 0.86' I -- PORCH00 04 04 HOUSE N SEE SHEET 4 FOR NOTES & ADJACENT OWNERS INFORMATION. 0 10 20 EXHIBIT A Revised: Feb. 5, 2025; ENCROACHMENT EXHIBIT SHOWING PROPOSED Feb. 18, 2025; Mar. 5, 2025 WOOD BULKHEAD, EX. WOOD DECK& EX. GRAVEL Sheet Name: Detail Sheet: 2 of 4 FOR Scale: 1"=10' Date: October 3, 2024 KELLY A. FOLEY, TRUSTEE UNDER THE GALLUP KELLY A. FOLEY REVOCABLE TRUST SURVEYORS& ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 14A, BLOCK HH PART OF PHASE 2, CYPRESS POINT VIRGINIA BEACH,VIRGINIA 23454 M.B. 196, PG. 91 GPIN: 1468-77-3252 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Foley,Kelly Anne-1133 Pond Cypress Drive\Drawings\23-04 Encroachment.dwg,3/5/2025 11:24:23 AM �tXLTIJ Off' c 0 Lj N09028'16"E 15.12' O C1 L2 NO2°11'2"V v DA UTLER `I` c.No.38395 N15°01'0s. E 26.98' �SSjONAL J EX. GRAVEL V- L21 , Z S00°5817"W 26.01 0 L23 b o N N J W S 26.63' h N NO2°1T16"E 14A � � �s CD a I- J °54' "11E 25.41 L28 S00 �o zGo z L31 13A 15A o sos° o Lr� S22 °2 6'16nW 0 58 36"W 28.62 ob SEE SHEET 4 FOR LINE TABLE VARIABLE WIDTH DRAINAGE j L10 & IMPOUNDMENT EASEMENT M.B. 196, PG. 91 ai SEE SHEET 4 FOR NOTES& ADJACENT OWNERS INFORMATION. 0 10 20 EXHIBIT A Revised: Feb. 5, 2025; Feb. 18, 2025; Mar. 5, 2025 ENCROACHMENT EXHIBIT SHOWING PROPOSEDWOOD BULKHEAD, EX.WOOD DECK& EX. GRAVEL Sheet Name: Detail Sheet: 2 of 4 FOR Scale: 1"=10' Date: October 3, 2024 KELLY A. FOLEY, TRUSTEE UNDER THE GALLUP KELLY A. FOLEY REVOCABLE TRUST SURVEYORS&ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 14A, BLOCK HH PART OF PHASE 2, CYPRESS POINT VIRGINIA BEACH,VIRGINIA 23454 M.B. 196, PG. 91 GPIN: 1468-77-3252 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Foley,Kelly Anne-1133 Pond Cypress Drive\Drawings\23-04 Encroachment.dwg,3/5/2025 11:24:24 AM LINE TABLE 1. THIS PLAN WAS PERFORMED WITHOUT THE LINE BEARING DISTANCE BENEFIT OF A TITLE REPORT. �V XLTB p� G 2. THIS EXHIBIT IS INTENDED FOR AN O� f L1 N22'01'50"E 9.40' ENCROACHMENT REQUEST ONLY. L2 N07'44'21"E 5.30' 3. THIS PLAN IS BASED UPON A � TOPOGRAPHICAL SURVEY PREPARED L3 N79'3926"E 3.53' BY: DKT ASSOCIATES DATED: DA - UTLER L4 S87'42'59"E 5.19' DECEMBERI9, 2022 `I c.No. 38395 L5 S80'44'27"E 10.54' 4. THE CITY OF VIRGINIA BEACH IS NOT 3,2� RESPONSIBLE FOR VERIFICATION OF per, �0' 4 L6 S89'32'04"E 6.11' RESTRICTIONS REQUIRED BY OTHER �,r G1� L7 S01'22'53"E 1.45' ASSOCIATIONS OR AGENCIES. SIpNAL E� L8 N74'31'19"E 4.06' ADJACENT OWNERS L9 S74'54 54 E 8.85' F ALL PARCEL ARE RECORDED IN L10 S16'27'02"W 0.81' CORRECTED PLAT RESUBDIVISION OF LOTS 1 THROUGH 7, L11 N69'00'O1"E 5.75' BLOCK"G", PART OF PHASE 1 AND LOTS 1-27, BLOCK"HH"AND RESIDUAL PARCEL Al PART OF PHASE 2, CYPRESS POINT L12 S76'12'15"E 4.29' M.B. 196, PG. 91 L13 N84'51'26"W 10.76' KEY NOW OR FORMERLY/ L14 S81'21'34"E 4.31' (LOT) INSTRUMENT GPIN L15 S72'08'31"E 5.88' MARCELO A.ASPIRAS& RESURRECCION B.ASPIRAS, L16 N85'09'12"W 7.09' 4A TRUSTEES 1468-77-0259 L17 S76'57'00"E 4.07' I. N. 20171218001074150 L18 N54'39'37"W 4.39' DAVID B. BICKFORD& L19 N28'45'03"W 3.86' 5A ANTOANETA N. BICKFORD 1468-77-0384 I. N. 20140103000013920 L20 N59'40'39"E 2.98' LYNN R. KNIGHT L21 N08'54'41"E 5.63' 6A I. N. 202103095657 1468-77-1319 L22 N78'45'51"E 4.10' JEFFREY L. WILSON & L23 SO4'06'38"W 5.77' 7A ELISHA A. WILSON 1468-77-1446 I.N. 20200504000383530 L24 S82'19 42 W 4.52' KIM DAVIS L25 S69'47'50"E 3.93' 12A I.N. 20070910001234030 1468-77-3375 L26 N21'51'08"E 9.77' JAMIE MERCADO, JR. & L27 N79'44'45"E 4.36' 13A GERALDINE MERCADO 1468-77-3259 I.N. 20150501000393990 _ L28 S 17'19'51"W 10.55' PORTIA T. JONES & L29 N87'13'18"W 4.79' 15A ERNEST W. JONES 1468-77-3146 L30 S71'18'141 5.19' � � I.N. 20070517000668360 L31 S02'41'15"W 5.75' EXHIBIT A Revised: Feb. 5, 2025; Feb. 18, 2025; Mar. 5, 2025 ENCROACHMENT EXHIBIT SHOWING PROPOSEDWOOD BULKHEAD, EX. WOOD DECK& EX. GRAVEL Sheet Name: Notes Sheet: 4 of 4 FOR Scale: NA Date: October 3, 2024 KELLY A. FOLEY, TRUSTEE UNDER THE GALLUP KELLY A. FOLEY REVOCABLE TRUST SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 14A, BLOCK HH PART OF PHASE 2, CYPRESS POINT VIRGINIA BEACH,VIRGINIA 23454 M.B. 196, PG. 91 GPIN: 1468-77-3252 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W\Foley,Kelly Anne-1133 Pond Cypress Drive\Drawings\23-04 Encroachment.dwg,3/5/2025 1124.24 AM PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this /6 ryday of APR 1 L_ 2025, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and KELLY A. FOLEY, TRUSTEE OF THE KELLY A. FOLEY REVOCABLE TRUST, DATED MARCH 14, 2016, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "14A" in Block "HH" as shown on that certain plat entitled: "CORRECTED PLAT RESUBDIVISION OF LOTS 1 THROUGH 7, BLOCK "G", PART OF PHASE I AND LOTS 1-27, BLOCK HH AND RESIDUAL PARCEL Al PART OF PHASE 2 CYPRESS POINT M.B.193, PGS. 25-27, D.B. 2464, PG.1748M D.B. 2445, PGS. 101 & 102, AND D.B. 2805, PGS. 987 & 988 FOR DEFORD LIMITED BAYSIDE BOROUGH — VIRGINIA BEACH, VIRGINIA", Scale 1" = 50', dated August 2, 1989 and revised through October 9, 1989, prepared by Langley and McDonald, Virginia Beach, Virginia which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 196, at pages 91, 92 and 93 respectively, and being further designated, known, and described as 1133 Pond Cypress Drive, Virginia Beach, Virginia 23455-6859; GPIN: (VARIABLE WIDTH CITY-OWNED DRAINAGE AND IMPOUNDMENT EASEMENT— NO GPIN ASSIGNED) 1468-77-3252 (1133 POND CYPRESS DRIVE) WHEREAS, it is proposed by the Grantee to maintain an existing variable width wooden deck and landscaping, and to construct and maintain a 36.57' wooden bulkhead with fourteen (14) wooden piles and associated connecting cables, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a variable width City- owned drainage and impoundment easement, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED WOOD BULKHEAD, EX. WOOD DECK & EX. GRAVEL FOR KELLY A. FOLEY, TRUSTEE UNDER THE KELLEY A. FOLEY REVOCABLE TRUST LOCATED ON LOT 14A, BLOCK HH PART OF PHASE 2, CYPRESS POINT M.B. 196, PG. 91 GPIN: 1468-77-3252 CITY OF VIRGINIA BEACH, VIRGINIA", Scale: 1" = 30', dated October 3, 2024 and revised through March 5, 2025, prepared by Gallup 2 Surveyors & Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by 4 this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Kelly A. Foley, Trustee of the Kelly A. Foley Revocable Trust, dated March 14, 2016, the said Grantee, has caused this Agreement to be executed by its signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS LEFT INTENTIONALLY BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2025, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2025, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: 6 KELLY A. FOLEY, TRUSTEE OF THE KELLY A. FOLEY REVOCABLE TRUST, DATED MARCH 14, 20 , By EAL) ell oley, rus STATE OF Vr3�►a CITY/COUNTY OF Vt„I,, �zac� , to-wit: The foregoing instrument was acknowledged before me this Ito* day of 2025, by Kelly A. Foley, Trustee of thg,KgVy A. Foley Revocable •`' 00 J%0 VEN Trust dated March 14, 2016. •• �P'NOTAftY'OT,,�': PUBLIC ; REG#7996127 My COMMISSION n EXPIRES is•a •zo� (SEAL) Notd• •` My Notary Registration Number: My Commission Expires: Yz•3i zO24 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 0 P 11311_llt WORKS — REAL ESTATE .4HR MEYER DEPUTY CITY ATTORNEY 7 15A�� 4A 7 j 059,15� 12A 'L o -- Cb — �ooy�13A C� �88, o�Q 5���6. ��0• 15A / Y 0 �QGF' APO 0 OJ';�� �GpQG 13A GAP � 1 STORY BRICK HOUSE Q�aF y #1133 / 14A 10 SEE SHEET 4 FOR NOTES & , I.N.2016032500024560 ��� so �'• p°� '�� ADJACENT OWNERS INFORMATION. G�JO ,V,ALTIJ 0.110 15A '0 Gf G� A�2 00 0 � DA - UTLER 10' DRAINAGE EASEMENT c.No. 38395 M.B. 196, PG. 91 ,2A 5' MAINTENANCE EASEMENT 1()�3 Cs�� AL O 443�� M.B. 196, PG. 91 Qua �G���O��Q SION 4 0 30 60 EXHIBIT A Revised: Feb. 5, 2025; Feb. 18, 2025; Mar. 5, WOOD BULKHEAD, EX.WOOD DECK 8t EX. GRAVEL Sheet Name: Cover Sheet: 1 of 4 FOR Scale 2025 ENCROACHMENT EXHIBIT SHOWING PROPOSED : V=30' Date: October 3, 2024 KELLY A. FOLEY, TRUSTEE UNDER THE GALLUP KELLY A. FOLEY REVOCABLE TRUST SURVEYORS& ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 14A, BLOCK HH PART OF PHASE 2,CYPRESS POINT VIRGINIA BEACH,VIRGINIA 23454 M.B. 196, PG. 91 GPIN: 1468-77-3252 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Foley,Kelly Anne-1133 Pond Cypress Drive\Drawings\23-04 Encroachment.dwg,3/5/2025 112423 AM o EDGE OF WATER LAKE ALTH 0�. �+ ALONG BULKHEAD PROPOSED B. i G N11041'50-E 36.57D BuucHEAD 130 lG'r O � FACE OF 7 YV00D DA - UTLER PILES LINE Z c.N 38395 lV o. �y 15A T x O FACE OF 7 WOOD PILES LINE to ZONAL E� °44'03 — S11 "VIZ 42.37' - 0 Z 14A 2.33' 14A - 5.00' 4.69' 4.37' 5.48' N 6.73' 6.19' 6.09' 11.11' 13A 3 ° o 0 S ca 0!:; DECK Z Q`�"\ � n ui u�i u�i LO 8.00' d: N _ o 0.94' \ o 15A 00 Q�` •- L" W M 0.86' — — -- — — -- — ' ! PORCH HOUSE N SEE SHEET 4 FOR NOTES& ADJACENT OWNERS INFORMATION. 0 10 20 IIIIIIII EXHIBIT A Revised: Feb. 5, 2025; Feb. 18, 2025; Mar. 5, 2025 ENCROACHMENT EXHIBIT SHOWING PROPOSED WOOD BULKHEAD, EX.WOOD DECK 8 EX. GRAVEL Sheet Name: Detail Sheet: 2 of 4 FOR Scale: 1"=10' Date: October 3, 2024 KELLY A. FOLEY, TRUSTEE UNDER THE GALLUP KELLY A. FOLEY REVOCABLE TRUST SURVEYORS& ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 14A,BLOCK HH PART OF PHASE 2,CYPRESS POINT VIRGINIA BEACH,VIRGINIA 23454 M.B. 196, PG. 91 GPIN: 1468-77-3252 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH,VIRGINIA W:\Foley,Kelly Anne-1133 Pond Cypress Drive\Drawings\23-04 Encroachment.dwg,3/5/2025 11:24:23 AM ��ALTA O� C) 0� N09028'16"E 15.12' O C� L2 NO2`11'21"W DA UTLER 9 11.50' c.No. 38395 o � N15'01'0S"E 26.98, �s`rJONAL EX. GRAVEL L21 8'17"W 26.01' S00o5 G L23 o� v o CD 26.6T N0261716"E h 14A J Q6 0 C' � 25.41' L28 G v J S00°54'JVE J z z L31 13A 15A o ►7 S22',2s'1s.W So 8 58 36"W 28.62' 16 76, J SEE SHEET 4 FOR LINE TABLE i L10 VARIABLE WIDTH DRAINAGE wi dcIMPOUNDMENT EASEMENT M.B. 196, PG. 91 ai t-� — Q\01 — SEE SHEET 4 FOR NOTES& ADJACENT OWNERS INFORMATION. 0 10 20 111111 EXHIBIT A Revised: Feb. 5, 2025; Feb. 18, 2025; Mar. 5, 2025 ENCROACHMENT EXHIBIT SHOWING PROPOSED WOOD BULKHEAD, EX.WOOD DECK 8 EX. GRAVEL Sheet Name: Detail Sheet: 2 of 4 FOR Scale: 1"=10' Date: October 3, 2024 KELLY A. FOLEY, TRUSTEE UNDER THE GALLUP KELLY A. FOLEY REVOCABLE TRUST SURVEYORS 8 ENGINEERS LOCATED ON LOT 14A BLOCK HH PART OF PHASE 2 CYPRESS POINT 323 FIRST COLONIAL ROAD r r VIRGINIA BEACH,VIRGINIA 23454 M.B. 196, PG. 91 GPIN: 1468-77-3252 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH,VIRGINIA WAFoley,Kelly Anne-1133 Pond Cypress Drive\Drawings\23-04 Encroachment.dwg,3/5/2025 11:24:24 AM LINE TABLE 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. pLTIH LINE BEARING DISTANCE 2. THIS EXHIBIT IS INTENDED FOR AN 0 O�Gj L1 N22'01'50"E 9.40' ENCROACHMENT REQUEST ONLY. L2 N07'44'21"E 5.30' 3. THIS PLAN IS BASED UPON A O C� TOPOGRAPHICAL SURVEY PREPARED L3 N79'39'26"E 3.53' BY: DKT ASSOCIATES DATED: U DA � UTLER L4 S87'42'59"E 5.19' DECEMBERI9, 2022 ` 38395 L5 S80'44'27"E 10.54' 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF O L6 S89'32'04"E 6.11' RESTRICTIONS REQUIRED BY OTHER ;0's L7 S01'22'53"E 1.45' ASSOCIATIONS OR AGENCIES. SjONAL E� L8 N74'31'19"E 4.06' ADJACENT OWNERS L9 S74'54'54"E 8.85' ALL PARCEL ARE RECORDED IN L10 S16'27'02"W 0.81' CORRECTED PLAT RESUBDIVISION OF LOTS 1 THROUGH 7, L11 N69'00'01"E 5.75' BLOCK"G", PART OF PHASE 1 AND LOTS 1-27,BLOCK"HH"AND RESIDUAL PARCEL Al PART OF PHASE 2,CYPRESS POINT L12 S76'12'15"E 4.29' M.B. 196, PG.91 L13 N84'51'26"W 10.76' KEY NOW OR FORMERLY/ L14 S81'21'34"E 4.31' (LOT) INSTRUMENT GPIN L15 S72'08'31"E 5.88' MARCELO A.ASPIRAS& 4A RESURRECCION B.ASPIRAS, L16 N85'09'12"W 7.09' TRUSTEES 1468-77-0259 L17 S76'57'00"E 4.07' I. N. 20171218001074150 L18 N54'39'37"W 4.39' DAVID B. BICKFORD& L19 N28'45'03"W 3.86' 5A ANTOANETA N. BICKFORD 1468-77-0384 1. N. 20140103000013920 L20 N59'40'39"E 2.98' LYNN R. KNIGHT L21 N08'54'41"E 5.63' 6A I. N. 202103095657 1468-77-1319 L22 N78'45'51"E 4.10' JEFFREY L. WILSON & L23 SO4'06'38"W 5.77' 7A ELISHA A. WILSON 1468-77-1446 L24 S82'19'42 I.N. 20200504000383530W 4.52' KIM DAMS L25 S69'47'50"E 3.93' 12A I.N. 20070910001234030 1468-77-3375 L26 N21'51'08"E 9.77' JAMIE MERCADO, JR. & L27 N79'44'45"E 4.36' 13A GERALDINE MERCADO 1468-77-3259 I.N. 20150501000393990 L28 S17'19'S1"W 10.55' PORTIA T. JONES& L29 N87'13'18"W 4.79' 15A ERNEST W. JONES 1468-77-3146 L30 S71'18'14"E 5.19' I.N. 20070517000668360 L31 S02'41'15"W 5.75' EXHIBIT A Revised: Feb. 5, 2025; Feb. 18, 2025; Mar. 5, 2025 WOOD BULKHEAD, EX.WOOD DECK 8 EX. GRAVEL Sheet Name: Notes Sheet: 4 of 4 FOR Sc ENCROACHMENT EXHIBIT SHOWING PROPOSED ale: NA Date: October 3, 2024 KELLY A. FOLEY, TRUSTEE UNDER THE GALLUP KELLY A. FOLEY REVOCABLE TRUST SURVEYORS &ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 14A, BLOCK HH PART OF PHASE 2,CYPRESS POINT VIRGINIA BEACH,VIRGINIA 23454 M.B. 196, PG. 91 GPIN: 1468-77-3252 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Foley,Kelly Anne-1133 Pond Cypress Drive\Drawings\23-04 Encroachment.dwg,3/5/2025 11:24:24 AM x . � r 9: l �� id ry � tr• �� x4�. s r d " . k'. q e f e' , �,� ,•��;: � 'ram, • 'F 'Lp, -•key a y`iR y��� '���Kt ey �� ab'" *' "p i�`+. ' `F lifer ""0 `P '^h_•,.ws.+ - ." a 4, •�y'„ 9 vT r +x � � c w . .*. a . a A Ts z At 4 ° Y.� y � m U - a LOCATION MAP ENCROACHMENT REQUEST Legend FOR KELLY A. FOLEY REVOCABLE TRUST ` 1133 POND CYPRESS DRIVE Q 1468-77-3252 AtGPIN: 1468-77-3252 �r 0 50 100 City Property t Feet vo D MP�oN o �14���NP . �-o SITE R, ti z n � rn �FS<F1'PN�o �GO00 L DR � E PEMBROK �/RO�CK BIND a,,(- /N/� O 0 } U pZ LOCATION MAP ENCROACHMENTREQUEST Legend FOR KELLY A. FOLEY REVOCABLE TRUST 0 1468-77-3252 1133 POND CYPRESS DRIVE GPIN: 1468-77-3252 0 50 100 City Property Feet VIRGINIA Disclosure BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they hove a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Kelly A. Foley, Trustee of the Kelly A. Foley Revocable Trust, dated March 14, 2016 Is Applicant also the Owner of the subject property? YesQ No© if no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? YesO No0 If yes, name Representative: Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? YesoNoe if yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No • If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? YesO No(F) if yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services ore being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, O O TowneBank cross-collateralization, etc.) © 0 Real Estate Broker/Agent/Realtor --- --- ------- -___— _.-____--_-----____. Disclosure Statement I rev. May-2024 page 1 of 3 SECTION APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape Architect/Land Planner Construction Contractor © Hale Bulkheading-837 Joanne Circle,Chesapeake,VA 23322 Engineer/Surveyor/Agent Q 0 Gallup Ssurveyors&Engineers-323 First Colonial Road,VirginiaBexh,VA23454 Legal Services 0 E) APPLICANT CERTIFICATION READ: !certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Kelly A. Foley, Trustee Applicant Name (Print) v A plicant ignatur Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. z "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entit , u) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between ne s entitbusiness relationship Include that the same per on considered or substantially the the existence of an affiliated bus Y some person own or manage the two entities;there are common or commingled funds or assets;the oyees or otherwise share business entities share the o°there is other the some fices or wise a close)working relationship between thesentitiesc Seees r personnel on a regular basis; State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Signature Date Staff Name (Print) -_ rt page 2 of 3 Disclosure Stateme t I rev. May-2024 n PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Kelly A. Foley, Trustee of the Kelly A. Foley Revocable Trust, dated March 14, 2016 Is the Owner a corporation, partnership,firm, business, trust, or unincorporated business? YesoNoe If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary I or affiliated business entity z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes© No(F) If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes Q No 0 If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, O 0 TowneBark cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 O Accounting/Tax Return Preparation Architect/Designer/Landscape O Architect/Land Planner 0 Hale Bulkheading-837 Joanne Circle,Chesapeake,VA 23322 Construction Contractor QO Gallup Ssurveyors&Engineers-323 First Colonial Road,Virginia Beach,VA 23454 Engineer/Surveyor/Agent _ Legal Services Q — —_ 0-- PROPERTY OWNER CERTIFICATION READ: I certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the mgeting of Planning Commission, City Cou:Property VBDA, CBPA, Wetlands Board or any public b dy 6r�ommi� e�n connection with this application. Kelly A. Foley, Trustee -' J Owner Name (Print) P perty Owr}(er Sigrl Pure Date page 3 of 3 Disclosure Statement I rev. May-2024 av"U°E+ct• (;•war J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for Children's Services MEETING DATE: June 3, 2025 ■ Background: In 1992, the Virginia General Assembly enacted the Children's Services Act (§2.2-5200 et seq. of the Code of Virginia). The mission of the Children's Services Act (CSA) is to create a collaborative system of services and funding that is child-centered, family-focused, and community-based when addressing the strengths and needs of troubled and at-risk youth and their families in the Commonwealth. The City's CSA program is part of the Department of Human Services, and it operates under the guidelines of the Virginia Office of Children's Services (OCS). The program receives an annual allocation of funding from the Commonwealth through OCS. A local match is required, which varies based on the category of services being provided and the volume of services needed to serve the children within each fiscal year. In FY 2024-25, the Department of Human Services will have sufficient local funding allocated to cover the City's required local match. In total, the budget for the Virginia Beach CSA in FY 2024- 2025 is $13.5 million, which was based upon FY 2022-2023 actual expenditures. ■ Considerations: If costs exceed the budget, additional appropriations can be made to local CSA programs through a supplemental request process. This arrangement ensures that all children in need of services can be accommodated. Based upon an analysis of program spending by the Virginia Beach CSA staff, the Community Policy and Management Team, which is the local governing board for the CSA program, will be reviewing for approval to make a supplemental request to OCS. The total cost of the increase is $2,729,769.06 of which all would be from the Commonwealth. OCS will approve the request electronically. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR CHILDREN'S SERVICES 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 $2,729,769.06 is hereby accepted from the Virginia Office of Children's Services 8 and appropriated, with revenue from the Commonwealth increased accordingly, to the FY 9 2024-25 Operating Budget of the Department of Human Services for the Children 10 Services Act program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Managemen ervices rney's Office CA16891 R-1 May 20, 2025 K. PLANNING 1. DAWN FEDEROVICH / CHRISTINA M. SOQUET for a Conditional Use Permit re home-based wildlife rehabilitation facility at 6365 Colby Way DISTRICT 7 (Deferred from May 20, 2025) RECOMMENDATION: APPROVAL APPLICANT REQUESTS WITHDRAWAL R-7.5 \� R.7.5 �6 ��I .� R7.5 R2.5 R7.5 N ® site W E Dawn Federovich Property Polygons s Zoning 6365 Colby Way Building Feet 0 1530 60 90 120 150 180 r c.; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DAWN FEDEROVICH [Applicant] CHRISTINA M SOQUET [Property Owner] Conditional Use Permit(Home-Based Wildlife Rehabilitation Facility) for the property located at 6365 Colby Way (GPIN 1455390621). COUNCIL DISTRICT 7 (Jackson-Green) MEETING DATE: June 3, 2025 (Deferred at the May 20, 2025 CC Hearing) ■ Background: The applicant is requesting a Conditional Use Permit to operate a Home-Based Wildlife Rehabilitation Facility to care for birds of prey and crows on a 7,998 square foot parcel zoned R-7.5 Residential in the College Park neighborhood. No more than two (2) birds would be kept on-site. They would stay in large cages erected in the attached garage. Birds will not be released on-site and will only be received from a wildlife rehabilitation organization. The applicant will not retrieve injured birds to bring home, nor will the public be allowed to drop off birds. Typical receiving hours are between 7:00 a.m. and 9:00 p.m., though receiving occurs sporadically and not daily. Home-Based Wildlife Rehabilitation is regulated by the Virginia Department of Wildlife Resources (VDWR) and U.S. Fish and Wildlife Services. If the Conditional Use Permit is approved, the applicant will apply for a Category I Wildlife Rehabber license through VDWR and would work under an experienced mentor for at least two years. Per Section 242.3 of the Zoning Ordinance, Category I or II licenses from VDWR are required for operation of a Home-Based Wildlife Facility. ■ Considerations: This is a single-family detached home with an attached garage. The birds would be kept in a cage in the garage and would not be kept nor brought outside for anything other than transportation to or from the parent rehabilitation center. The number of birds kept on-site would be limited to a maximum of two. Additional trips generated by the rehabilitation operation to the house would be negligible, and the general public is not to bring found animals to this location. The Home-Based Wildlife Facility is also regulated by the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Services. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. Dawn Federovich Page 2 of 2 ■ Recommendation: On April 9, 2025, the Planning Commission passed a motion to recommend approval of this item by a recorded vote of 10-0. 1. This Conditional Use Permit only permits rehabilitation of avians. A modification of conditions shall be required to permit rehabilitation of other animal species. 2. At any one time, no more than two avians shall be kept on-site for rehabilitation. 3. This application shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance (CZO) pertaining to a Home-Based Wildlife Rehabilitation Facility. 4. The applicant shall comply with all applicable provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 5. No animals shall be dropped off by the general public at this site. Avians shall be received from a rehabilitation agency meeting the standards of the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 6. No animals shall be dropped off between the hours of 10:00 p.m. and 7:00 a.m. 7. Animal waste shall be removed daily and disposed of in a lawful manner. 8. All animals shall be properly and humanely contained within the pre-release structure in the enclosed garage of the dwelling unit. Animals shall not be allowed to roam freely outside of the attached garage at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing USFWS & VADWR Permits Letter of Support Letter of Opposition Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. �, _" Submitting Department/Agency: Planning Department e-ok City Manager: Agenda PropertyApplicant: Dawn Feclerovich • Soquet Planning V_B_ • • ' • A• • 1 CouncilCity 1 • Project Details Request Conditional Use Permit (Home-based Wildlife Rehabilitation Facility) a Staff Recommendation Approval t-- 3 aK Staff Planner ' Michael Hayes Location 6365 Colby Way 9pf SQ GPIN 1455390621 Site Size 7,998 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/ R-7.5 Residential a Surrounding Land Uses and Zoning Districts " North t Single-family dwelling/ R-7.5 Residential "> t South Single-family dwelling/ R-7.5 Residential40 East Single-family dwelling/ R-7.5 Residential _ p West Single-family dwelling/ R-7.5 Residential Dawn Federovich Agenda Item 8 page 1 of 12 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to operate a Home-Based Wildlife Rehabilitation Facility to care for birds of prey and crows on a 7,998 square foot parcel zoned R-7.5 Residential in the College Park neighborhood. • According to the applicant, the birds will be rehabilitated within an attached garage in enclosures appropriate for the type of animals and care required. No exterior changes are proposed. • The applicant intends to provide rehabilitation care for two (2) or fewer animals at any one time. • The applicant currently volunteers with Nature's Nanny Wildlife Rehabilitation in Chesapeake, and that entity would assign birds to the applicant. Birds would be brought to the home by someone affiliated with Nature's Nanny Wildlife Rehabilitation and are not to be dropped off by the general public. • Typical hours of receiving will be between 7:00 a.m. and 9:00 p.m., seven days a week. • Home-Based Wildlife Rehabilitation is regulated by the Virginia Department of Wildlife Resources (VDWR) and U.S. Fish and Wildlife Services. If the Conditional Use Permit is approved, the applicant will apply for a Category I Wildlife Rehabber license through VDWR. The applicant will work under an experienced mentor for two years. Per Section 242.3 of the Zoning Ordinance, Category I or II licenses from VDWR are required for operation of a Home-Based Wildlife Rehabilitation Facility. Dawn Federovich Agenda Item 8 page 2 of 12 Zoning History Map Key No. Request \ �_ k7 1 CUP (Communication tower) Approved 05/27/2008 9� QO R GP' R7 S Application Types CUP: Conditional Use Permit MDP:Modification of Proffers SVR:Subdivision Variance REZ.Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ:Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT Alternative Compliance Evaluation - • • • The proposed Home-Based Wildlife Rehabilitation Facility at 6365 Colby Way is, in Staff's opinion, consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area. Achieving this goal requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with their surroundings, including the quality and attractiveness of structures.The limited nature of the operation is in alignment with this goal, as the property would continue to exist primarily as a single-family residence and maintain its single-family character in structure and intensity of use. Additionally, uses should provide effective buffering with respect to the surrounding uses.The proposed wildlife rehabilitation facility is in-keeping with these principles, as the applicant will house rescued wildlife within an enclosed garage that provides sufficient screening and buffering from the adjacent properties and birds are brought to the site by either a parent rehabilitation agency or the applicant. Birds would not be received from the general public at this location, which will alleviate any potential traffic concerns. The applicant is aware of the standards outlined in Section 242.3 of the City Zoning Ordinance for Home-Based Wildlife Rehabilitation Facilities. As a Category I Wildlife Rehabilitator, the applicant will be primarily working with avians (birds). Staff believes that this request adequately addresses the requirements set for Home-Based Dawn Federovich Agenda Item 8 page 3 of 12 Wildlife Rehabilitation Facilities and that the applicant will be compliant with State requirements. As such, Staff recommends approval of the application subject to the conditions included in this report. Recommended Conditions 1. This Conditional Use Permit only permits rehabilitation of avians. A modification of conditions shall be required to permit rehabilitation of other animal species. 2. At any one time, no more than two avians shall be kept on-site for rehabilitation. 3. This application shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance (CZO) pertaining to a Home-Based Wildlife Rehabilitation Facility. 4. The applicant shall comply with all applicable provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 5. No animals shall be dropped off by the general public at this site. Avians shall be received from a rehabilitation agency meeting the standards of the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 6. No animals shall be dropped off between the hours of 10:00 p.m. and 7:00 a.m. 7. Animal waste shall be removed daily and disposed of in a lawful manner. 8. All animals shall be properly and humanely contained within the pre-release structure in the enclosed garage of the dwelling unit. Animals shall not be allowed to roam freely outside of the attached garage at any time. If any animal does escape,the City of Virginia Beach Animal Control Department shall be notified immediately. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Dawn Federovich Agenda Item 8 page 4 of 12 Comprehensive Plan Information The Comprehensive Plan identifies this location as part of the Suburban Area. The relevant Land Use Policies and Principles include creating and maintaining neighborhood stability and sustainability—create "Great Neighborhoods" (p. 1-60) and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. (p.1—60). Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 1- 10 ADT Colby Way No Data Available No Data Available Proposed Land Use 2- 10 ADT ' Average Daily Trips 'As defined by a 1 As defined by 1 dwelling w/animal dwelling rehabilitation Master Transportation Plan(MTP)and Capital Improvement Program(CIP) The street on which the property is located is a two lane residential street.Traffic data is not available for this particular street. However, given the resident is the only person providing the rehabilitative care and that the general public is not visiting the site, the proposed operation is not expected to impact traffic on Colby Way. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public • . Water The site currently connects to City water. Sewer The site currently connects to City sanitary sewer. Dawn Federovich Agenda Item 8 page 5 of 12 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 10, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, March 26, 2025 and April 2, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 24, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on April 3, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 6, 2025 and May 13, 2025. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 23, 2025. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on May 30, 2025. Dawn Federovich Agenda Item 8 page 6 of 12 Site Photos ME. '�;.� — - �� ,,;!��;� �� err:• '� ��,• - , Y .�. �• ..».• ;n .fit- Site Photos I {� . � J r d Dawn Federovich Agenda Item 8 page 8 of Disclosure Statement CITY OVIRGINIA Disclosure V-B- BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Dawn Federovich Is Applicant also the Owner of the subject property? Yes©No •R If no, Property Owner must complete SECTION 1:PR RTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yeso No • If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes®No • If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes U No • If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No,(De If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor © • Disclosure Statement I rev. May-2024 page 1 of 3 Dawn Federovich Agenda Item 8 page 9 of 12 Disclosure SECTION - • continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation © • Architect/Designer/Landscape • Architect/Land Planner Construction Contractor 0 • Engineer/Surveyor/Agent © • Legal Services © • APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.l understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. i 1 Dawn Federoyloh 1 t p� t 2J14/25 aw Applicant Name(Print) Applicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.'See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. 2'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities.'See State and Local Government Conflict of interests Act, Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 5/22/2025 Michael Hayes 714, , 6C ad, 5/22/2025 Staff Name(Print) Staff Signatur Date Disclosure Statement I rev. May-2024 page 2 of 3 Dawn Federovich Agenda Item 8 page 10 of 12 SECTIONDisclosure Statement - • - OWNER • PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Christina Soquet Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes©hl • If yes, list the names of all officers, directors,members,or trustees below AND businesses that have a parent-subsidiary s or affiliated business entity z relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No • if yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in th sybject land or any proposed development contingent on the subject public action? Yes© No • t es, name the o icial or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, O cross-collateralization,etc.) l'-t Real Estate Broker/Agent/Realtor 0 {• Accounting/Tax Return Preparation O Architect/Designer/Landscape O Architect/Land Planner F( Construction Contractor © • Engineer/Surveyor/Agent © • Legal Services o • PROPERTY OWNER CERTIFICATION READ:l certify that all information contained in this Form is complete,true,and accurate. !understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Christina Soquet 2/14/2025 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement i rev. May-2024 page 3 of 3 Dawn Federovich Agenda Item 8 page 11 of 12 • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Dawn Federovich Agenda Item 8 page 12 of 12 Virginia Beach Planning Commission April 09, 2025 Public Meeting Item #8 DAWN FEDEROVICH Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Alright. Yes. Good afternoon. Ms. Federovich: Hi. My name's Dawn Federovich. I'm here to request a conditional use permit to be able to do an in-home wildlife rehabilitation. I've been mentoring under Dana Lusher with Nature's Nanny Wildlife Rehab in Chesapeake for two and a half years now, which is the requirement to be able to rehab in your home. I work with our native birds of prey and crows,and so that's what I would be rehabilitating. I'm not allowed to bring injured animals home. I can only care for ones that are for bed and breakfast, getting ready to leave to go back into the wild. So I take care of that part in between. But I also still work at the rehab,too. So,we are in dire need of rehabbers because we just don't have space. Or we don't have,you know,the funding for it. We're all, it's a nonprofit, so we don't,you know. I do a lot of education out in the public also. So this is part of my working with Nature's Nanny. I think that I don't have a lot more to say than that. Ms. Cuellar: No, that's great. Thank you so much. We appreciate you explaining that. I think there may have been a question or two from one of the commissioners. So commissioners, any questions? Commissioner Byler? Ms. Byler: I have a question about bird rehabilitation, if you don't mind. A little outside of your actual use, but are all birds created equal? I mean a crow, do you, or do you only rehabilitate certain birds? Ms.Federovich: We do all of our native raptors, so owls, hawks, falcons,but we also work with corvus, which are crows, too. So any, anything, any bird considered a raptor or bird of prey is what I rehabilitate. Ms.Byler: Thank you. Fascinating,and I appreciate your efforts on behalf of our wildlife. Thank you. Ms. Cuellar: Commissioner Plumlee? Mr. Plumlee: Have there been anyone objecting? I thought someone was going to speak in opposition. Am I wrong? It's been so long ago. Ms. Cuellar: We received one letter, and this is possibly what you might be referring to. I'd be happy to ask the applicant. My question was, we received one letter of opposition, and it made reference to a violation of an HOA, and I wanted to ask you if you were familiar with that. it was referencing the Framingham Village Home Association. Can you speak to that for us? Ms. Federovich: Yeah, I actually was not aware of it. There was also another issue of her, the owner I rent. So she signed off for all of this. She had arrears in her HOA fees,which is one of the reasons why that person reached out and sent a letter. As far as the HOA, I was unaware of the actual, like, limits as far as not being able to,or you having to have,you know, the public talk to you and stuff like that,but yeah, I'm aware of it now,the HOA. Ms. Cuellar: And you communicated that with the property owner, if I heard it correctly? Ms. Federovich: I did, and she did not make me aware of any of that, which I don't think she -- we're actually in the process of buying the home from her,which is why I am doing the rehab,but yeah, she did not mention any of the others. Ms. Cuellar: Okay. Ms. Hippen: Madam Chair,there is one speaker. There is one speaker. Ms.Cuellar: I wasn't aware of that. Thank you so much forgive me. Forgive me,Madam Clerk, I didn't hear that. Clerk: We have one speaker on WebEx,and they are Regina Kane. Ms. Cuellar: Hello. Please go ahead and speak now. Ms.Kane: Thank you,Madam Chair,good afternoon. I'm Regina Kane,and I live in the College Park Community,one street over where the proposed wildlife rehabilitation center facility intends to be. A residential community is not the appropriate location for a wildlife rehabilitation facility in our community. We have small dogs and cats, and we also have geese running through the community. You know,my concern would be,you know,what are the emergency plans for birds that make escape,you know, and target the small animals that are living in our community. Also, will these birds be caged? Where will these cages be located? Those are my questions and my comments. Ms. Cuellar: Thank you very much, Ms. Kane. Are there any other speakers? Madam Clerk? Clerk: There are no other speakers. Ms.Cuellar: Ms.Federovich,you're welcome to come back. It's an opportunity for you to explain and answer the questions. Ms. Federovich: There will be no outside enclosures for the birds. It is strictly in my attached garage. They have enclosures for them that are the appropriate size that they need. In the event that an animal does escape, we call animal control. But in regard to it, it's a raptor, it's a wild animal and I can't control,I can't even control the native or the resident hawks attacking,you know, our pets or people that have pets. But I do assure that I do have the enclosures inside. I'm not building anything outside, it's just to take care of one or two birds as I am able. Ms. Cuellar: Okay. Thank you very much. Commissioner Plumlee? Mr. Plumlee: So the idea is to care for the bird of prey and then take them to -- Ms.Federovich: To release. So yes,they will,once they're deemed releasable,they actually have to go through different training things. Normally it's,they got to do obstacle training,we have to do flight training with them. We also have to do mouse school training with them, which would not be done at my home. That would be done at Dana Lusher's, the owner. I'm just here to help empty space to be able to have more birds in our facility,because we're coming up on baby season right now, and it's insane. Mr. Plumlee: Thank you. Ms.Cuellar: Thank you. Then my expectation would be that you have a plan just in that transport, like how to go from the rehabilitation center to a vehicle, and then into your home. Ms. Federovich: They're transported in kennels, like dog kennels, and I will not be receiving anything from the public. It's just from the rehab brought home. I keep until they're ready to go to their training, and then that's it. Ms. Cuellar: Okay, great. Thank you very much. Any additional questions? Commissioner Camp? Mr. Camp: Are the birds that you'll be caring for native to our community? Ms. Federovich: Yes,absolutely. Mr. Camp: Thank you. Ms. Cuellar: At this time, any additional discussion or a motion? Mr. Plumlee: I have a motion and I just wan to add a personal note. My mother and I raised a barn owl in my house named Sophocles. Sophocles liked to spend a lot of his time up in some of the vents,and we had to like navigate that. We had nothing in the way of sophisticated equipment like you have here. You sound far more professional in your endeavour. So, I just wan to move to approve this application. Ms.Hippen: Second. Ms. Cuellar: Are there any commissioners abstaining on this vote? Hearing none. There's a motion for approval from Commissioner Plumlee, seconded by Commissioner Hippen. Clerk: The vote is open. By a recorded vote 10 to 0, item #8. Dawn Federovich has been recommended for approval. Ms. Cuellar: Thank you very much. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X Conditions 1. This Conditional Use Permit only permits rehabilitation of avians. A modification of conditions shall be required to permit rehabilitation of other animal species. 2. At any one time, no more than two avians shall be kept on-site for rehabilitation. 3. This application shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance (CZO) pertaining to a Home-Based Wildlife Rehabilitation Facility. 4. The applicant shall comply with all applicable provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 5. No animals shall be dropped off by the general public at this site. Avians shall be received from a rehabilitation agency meeting the standards of the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 6. No animals shall be dropped off between the hours of 10:00 p.m. and 7:00 a.m. 7. Animal waste shall be removed daily and disposed of in a lawful manner. 8. All animals shall be properly and humanely contained within the pre-release structure in the enclosed garage of the dwelling unit. Animals shall not be allowed to roam freely outside of the attached garage at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. 11/26/24,9:34 AM Federal Permit PER14031931 ^® � REHABILITATION Permit Number: MBPER14031931 Version Number: 0 Effective: 2024-11-26 Expires: 2029-03-31 Issuing Office: Department of the Interior Digitally signed by U.S.FISH AND WILDLIFE SERVICE MB Hadley Permit Office 300 Westgate Center Drive 2 Hadley, Massachusetts 01035-0779 Chief,Migratory Bird Permit Office permitsR5MB@fws.gov Tel:413-253-8643 Permittee: Dawn Federovich 6365 Colby Way Virginia Beach,Virginia 23464 U.S.A. Authority:Statutes and Regulations: 16 U.S.0 703-712 50 CFR Part 13,50 CFR 21.76 Location where authorized activity may be conducted: 6365 Colby Way,Virginia Beach,Virginia Reporting requirements: ANNUAL REPORT DUE: 1/31 You must submit an annual report to your Regional Migratory Bird Permit Office each year,even if you had no activity.Form can be found at: https://fwsepermits.servicenowservices.comtfws Under"Explore Permits"select your permit type.Annual Report Form is under Permit Details.Submit your form in ePermits by navigating to the"My Permits and Requests"section and selecting the'Reports"tab. Fill out the required information and use the paperclip icon to upload a pdf of your report and supplemental documentation. Authorizations and Conditions: A.For rehabilitation purposes,you are authorized to do the following for the species and levels of care listed in(B): (1)take from the wild or receive from another person sick,injured,or orphaned migratory birds and to possess them and provide rehabilitative care for them; (2)transport such birds to a suitable habitat for release,to another permitted rehabilitator's facilities,or to a veterinarian; (3)transfer,release,or euthanize such birds; (4)transfer or otherwise dispose of dead specimens; (5)in cases of emergency,for migratory bird taxa not listed in(B),you are authorized to receive,stabilize,transfer,and/or euthanize these migratory bird species within 48 hours. B.Taxa and Levels of Care Authorized Refer to oAoters 3 and 4 Minimum Standards for Wildlife Rehabilitation oublication 3rd edition 1200o)_(ins://Wn.ymaws.wMwww.nwrawilClife.orglresoume/resmgr/min stendardsrminimumstandards3rdeditionodll.for definitions of Restricted,Limited and Unlimited and for migratory bird enclosure sizes for rehabilitation. (2)Raptors:Restricted (3)Songbirds/Passerines:Restricted C.You must immediately notify the local U.S.Fish and Wildlife Service Office of Law Enforcement(OLE)if you suspect potential illegal activity.See FWS OLE contact information below, https://fwsepermits.servicenowservices.com/fws?id=fws_print_federal_permit&sys_id=28ec752a9702d250fl6l b247fO53afl a 1/4 11/26/24,9:34 AM Federal Permit PER14031931 REHABILITATION Permit Number: MBPER14031931 Version Number: 0 Effective: 2024-11-26 Expires: 2029-03-31 D.if the sickness,Injury,or death of any bird is due m likely due to avian virus,or other contagious disease or public health hazard,you must notify and comply with the instructions given by the State or local authority that is responsible for tracking the suspected disease or hazard In your location,if that agency Is currently cdleoting such Information from the pudic.(50 CFR 21.76(e)(¢III_(htlpsJMwa.adr.gov/curtent/tl11e50/chepter- YHL 76%28e%29%285%29%2BI11%291) E.Subpermiltees. You may designate subpermittees to conduct some or all of your permitted activities.Authorized subpermittees are any person who is(1)employed by or under contract to you for the activities s in this specified permit,or(2) otterwise designated a subperm ittee by you In writing. As the permittee,you are legally responsible for ensuring that your subpermittees are adequately trained and adhere to the terms of your permit.Subpermittees must carry a legible paper or electronic copy of this permit and subpemmlttee designation letter and display It upon request whenever you are exercising Its authority.Subpermittees must be at least 18 years of age.You are responsible fix maintaining currant records of who you have designated as a subpennittee,Including mplesof any designation letters provided to individuals.Any subpermtttee who has been delegated this authority may not retlelagete to another Individual/business. The subpermittee designation letter must include the name and contest information of the individual,what activities are authorized,and the details)and locations)activities are authorized.All subpenrittee letters must be kept as required in 50 CFR 13.46 and 50 CFR 21.76(e)(7)and able to be provided o the Issuing migratory bird permit office upon request. (1)A Principal ORoer,Primary Caretaker,or designated subpernittee must be present on premises any time rehabilitation activities are being conducted.Volunteers and staff do not need to be identified as subpermmees provided a Primary Caretaker or Designated Subpermittee Is{resent.Individuals,including those under the age of 18,may assist with migratory bird care only If you or a designated subperrnittee are present. (2)If subpermittee(s)are conducting rehabilitation activises at a different location,then the subpermMee and location reed to be approved by the Migratory Bird Permit Office and the location needs to be listed on the permit F.You and any subpernittees must comply with the below Standard Conditions.Thssa standard conditions an a continuation of your perms mnditions and must amain with your permit.These standard conditions am nationwide and may not be modified for individual permits. 1.All of the provisions end conditions of l e governing regulations at 50 CFR 13 pW-Blpart-13?toc=1)and 50 CFR 21.7L(hitosJhvww.edr.rov/curenUtitle-50/chagj�r- gsubdl8gter-B/Qgd-21/subpart-C/secton-21.761 are conditions of your permit.Failure to comply with the conditions of your permit could be cause or suspension of the permit If you have questions regarding these conditions,refer to the regulations or,If necessary,contact your migratory bird permit Issuing office.For copies of the regulations and force,or to obtain contact Information or your Issuing migratory bird permit office,visit: Mipraory Bird Permit Types and Forms(https:/hwww.fws.gw/program/mgrelory-bird rmi pgrmrt_typasandJorms) 2.General mndltions set out in Subpart B of 50 CFR 13(httpslhvww.eclr.gov/curenVbtte-50/chapter-1/subdepter-B/part-13?to-1),and specific conditions contained In Federal regulations cited above,am hereby made a part of this permh.All activities authorized herein must be corded out In accord with and for the purposes described in the application submitted.Continued validity,or renewal of this permit is subject to complete and limey compliance with all applicable conditions,including the filing of all required information and reports. 3.The validity of this permit is also conditioned upon strict observance of all applicable foreign,state,local tribal,or other federal law. 4.Valid for use by permiltee named above. S.You must report within 24 hours o the migratory bird permit issuing office the acquisition of any(dead or live)bald eagle(s)or golden eagle(s)or species listed as threatened or endangered under the Endangered Species Ad found in 50 CFR 17 QJ_ttgs://www.ecfr.nov/cunentRitle-50/chapter-I/subchagor-B/mrt-17).The issuing office will determine disposition of all eagles and threatened and endangered spades.(50 CFR 21.761§X&) (httpsJ/wwwach.00v/mrenhRitle-50/chapter-I/su per-B/pert-21/subpart-C/sectorF21.78#0-21.76%28e%29%285%29%281%29U For a list of threatened and endangered species in your state,visit the U.S.Fish and Wildlife Service's Threatened and Endangered Species System(TESS)at:Endengsred Sgapes fhtol/www.hrs.aov/endangered). 6.All birds that recuperate must be released to the wild In an appropriate habitat,at an appropriate lime of day and time of year for the spades as soon as seasonal conditions allow.(50 CFR 21.76(e)f4)f1i) (hpOSJhvww.ech govlcurreni/title-SOlchapter-I/subchapter-B/part-21/subpart-C/secbor>-21.78Ma-21.76%28e%29%28d%29%2Bii%291) Your local State Wlltlllfe Agency may recommend appropriate release sites. 7_You must receive prior authonzabon from the issuing migratory bird permit office to hold migratory birds requiring additional rehabilitation of more than 180 days.(50 CFR 21.76(4JjLtXA1(hft 1www.ecfr.g4v/wnaniftige- 50/chapter-1/subchapter-B/part-21/subpart-C/sectbn-21.761ip-21.76%28e%29%284%29%2811%29%28A%291) 8.You must take every precaution to avoid imprinting migratory birds in your care to humans.If a bird becomes imprinted to humans while under your care,you will be required to transfer the bird as directed by the migratory birth permit Issuing office.(50 CFR 21.76(4y )_(https://y .9&.o(N/mrr nVHtl 50/chapter-1/subchapter-B/part-2llsubpart-C/sectlon-21,11' 21.76%28e%29%284%29%28I%29ll 9.You are required to euthanize any migratory bird that will not be able,even after medical treatment and rehabilitation,to perch upright andlor ambulate without inflicting additional injuries to itself.You must euthanize any bird that has sustained Injuries requiring amputation of a wing at the elbow(humerus-ulna)oint)or above,a leg or a foot,and/or is blind,unless the conditions of 50 CFR 21.16(gX1 L11)PublpsJ/gbc-wond- odit.officeapps.Ilve.comNre/wordedltorhame.aspx? ui=en%2DUS&rs=en%2DU5&w isrc=h %3A%2F%2Fddmagp.shereggint.corn%2Fsites%2FMigrglZy,ErdRen tChiefs%2F vti bin%2Fwooi eshx%2Ffiles%2Fa93f85a48b2340e68d95047c657bf52a&wdorigin=TEAMS- ELECTRONteamsSdk,ppenFflePreview&wdexp=TEAMS-CONTROL&wdenablememing=imam=1&hid=CD207DA0-9045-D000-B8E2-AAA59DD82E57&isapi=l&is 12iver=vl&nawsession=l&corrid=c422bc84-77f9.44c8- b9c6T413fm5e8ce&usid=c422bc84-77f9g4c8-b9c6-e413fce5e8ce&sftc=l&tic=1&m7=1&sfp=1&Inatantedit-l&--ocmDiete=l&wdredirectionreaso-Unlfled SingieFlush&rct--Medium&ctp=LeestProtededl are met You must fellow the American Veterinary Medical Association Guidelines on Euthanasia lhttpsl/www.evma.ordsilas/dafaulV6les/2020-02JGuklelineson-Eupmanasie-2020 gQfj. You am required to contad the issuing migratory bird permit office prior to eutlenizi g migratory bird species listed as threatened or endangered.If Service personnel are not avellable,you may outtmenize threatened and endangered migratory birds without authorization when prompt euthanasia Is warranted by humane mnslderetlons. https://fwsepermits.serviGenowserviGes.Gomtfws?id=fws_print federal_permit&sys_id=28ec752a9702d250f161 b247f053aill a 2/4 11126/24,9:34 AM Federal Permit PER14031931 REHABILITATION Permit Number: MBPER14031931 Version Number: 0 ti,,,,_�,.�°r Effective: 2024-11-26 Expires: 2029-03-31 10.This permit does not authorize the use of injured/recovering migratory birds for educational purposes-You may not display to the pudic the migratory birds held under this permit unless you use video equipment or barriers that will prevent birds from exposure to noise and other human Impacts above the level that the birds would normally encounter In their natural habitats.if at any time a device that allows the public to view birds causes stress or harm,or Impedes the rehabllltatlon of any bird,it must be discontinued Immedlately. 11.You may possess a limited number of feathers(excluding eagle feathers)for imping purposes only.(50 CFR 21.76{gX4Xvill)-(hllpalAvww.ecfr.aov/curentRl6e-50/chapter-I/subchapter-B/pert-21/subpart-C/sectlon- 21.76No-21.76%28e%2MB4%29%28vii i%28D 12.This pernb does not authorize any necropsy to be perfomhed on any eagles or threatened or endangered species without prior approval from the Issuing migratory bird permit office.(USFWS Policy 720 FW6 (httpa://www.tws.92)Po-nicy 2otw6.pdr)). 13.You may assist property owners with removing migratory birds,eggs or nestlings from the Interior of buildings In accordance with 50 CFR 21.12(d)_(https://www.ecfr.govlcorrent/tltie-50/chapter-Vsubchapter-B/pe t 21/subpart-B/section-21.12Up-21.12%28d%29)and provide rehabilitative care. 14.8 you encounter a migratory bird with a Federal bond issued by the U.S.Gwloglcal Survey Bird Banding laboratory,Laurel,MD,report the bend number to Bird Bariding Lei-(h8psl/doimsp{?= m_y.sharepdnLcarrYpersonaUMndv lawrence firs oovfDocuments/Blyd%2UBanding 20Lab. 15.Your facilities and equipment and any subpermittee's facilities and equipment must be adequate for each spades you intend to rehabilitate.All live migratory birds must be maintained under humane and healthful condlbons. All locations where you or subpermittses will care for migratory birds must be listed on your permit.Unless you are only using containers for passerine nestlings at off-site locations,all other facilities and locations must be pre-approved by the migratory bird permit Issuing office. Criteria used for evaluating and inspecting all facilities used for migratory bird rehabilitation will be based on guidelines established by the National Wildlife Rehobilitalors Association and International Wildlife (hops://cdn.vmaws.coffitm w.nwrawiidiife.gMresource/rosmgr/Min Standards/MinimumStandards3rdEdition-p Rehabilitation Council's Minimum Standards for Wldlife Rehabilitation hesource/resmgr/Min Standards/Minimum$tondards3rdEdition.rf,3rd edition,2000.This publication is available from the National Wildlife Rehabiiitators Association.(50 CFR 21.76(gxjJ)_(httos:/Avow.edfr.gov/cortentttitle-50/chapter-Vsubchagtgr=8(Rart-21/subuarl-Gsecbon-21.78go-21.76%28e%29%281%29) 16.Migratory birds must be housed separately from pets-Migratory birds must also be separated from human living or workspace or migratory birds held under other permit authorization except as necessary to receive appropriate rehabilitative care. 17.Emergency Provision.Birds must be housed at the location stated on your permft and cared fa by you or your Identified subpermibees(50 CFR 13.12(a)(2),50 CFR 13.42).However,In emergency circumstances(e.g. due to natural disaster,disease outbreak,structural failure,incapacitation of primary caretaker,etc.),in accordance with your emergency plan,you are authorized to transport and temporarily house birds at emergency location(s)not listed on your permit and/or emergency caretakers not Identified as subpermltteas provide care.Emergency housing and care condlbons must be humane and healthful(50 CFR 13.41), Within 7 days of the emergency,you must notify your Migratory Bird Permit Office.You must include the following infomnetion(if changed):type of emergency,date emergency started,emergency l caborl(i.e.address)of any relocated bird(s),and name and contact information of emergency caretaker(s).A response to this notification is not required or expected. V an emergency caretaker Is not currently authorized as subpernittee,you must provide them with a Subpermblee Designation Letter authorizing the temporary possession,Including the fine period for which bit(s)will be cared for and activities authorized. If birds will be relocated more than 30 days,you must submit an amendment request to your Migratory Bird Permit Office to amend your permit to add the lotion on your permit.You may continue to house birds at your emergency location(s)with emergency ceretaker(s)until the service has acted on your amendment request. Disposition of Migratory Birds Under Your Can 150 CFR 21.76(egl))jhttpsLty .e&.pow/curet/btle-50/chapter-1/subchapler$Ipart-21/subpart-C/section-21.76#p-21.76%28e%29%284%29) 18.You may transfer migratory birds to other qualified permitted migratory bird rehattllltators for care or release. 19.You may transfer live non-reieesable migratory birds that are suitable for use in educational programs,foster parenting,research projects,a other permitted activities to qualified pubic educational or scientific institutions(as deemed in 50 CFR 10.12(httgs://wow.edr.gov/wrrentl8bo-50/chalNar•Vsubchenter-BJort-10/subpart-B/sactbr�10.12))w to individuals or entities authorized by permit to possess migratory birds. You must receive prior written authorization from your migratory bird permit issuing office before you transfer live migratory birds o bald eagles and golden eagles to a permittee other than another rehabilitator.You must submit a Migratory Bird and Eagle Acquisition and Transfer Request(Form 3-202.12(https://—.fcos.00v/site5/defauR/f kWdocuments/3-202-12.gttf))[o your permitting ofice,along with all required attachments listed in the form Instructions.This form Is required for transfer of non-relessabie birds from a permitted nshabllltator to another per ittee or to another"of permit the rehabllitator holds.Both the transferring rehebllitator and the Intended recipient must complete and submit this form. 20.After submitting a Migratory Bird and Eagle Acquisition and Transfer Request(Form 3-202-12(https://www.fws.gov/sites/defauRM6s/documentsl3-202-12-pdf))to your permitting office and receiving authorization,you may transfer a releasable raptor to a permitted falconer authorized to hold that species.The falconer must report acquisition of the bind on the Migratory Bird Falconry 3-186A database(https://epermtis.fws.govlfeicPn rather than complete the Form 3-202-12(bM&4 www.tws.ggv/sites/defeulVfiles/documents/3-202-12. .A releasable raptor placed with a falconer for pre-release conditioning that is subsequently deemed non-releasable will be considered for placement with a permittee other than the assisting falconer. 21.After submitting a Migratory Bird and Eagle Acquisition and Transfer Request(Forth 3-202-IL(LtQllbEMM±EL.gov/sites/defauM"documentsr3-202-12.WD)to your permitting office and receiving authorization,you may transfer non-releasable birds to public institutions that are exempt from the permit requirement(see.50 CFR 21.12 fhttps://wow.ecfr.govlcurtenUtitle-50/coacher-VsutH;hadter-B/gert-21 D,A receiving exempt institution does not need to submit a form. 22.D4natlon of Dead Migratory Birds and Eegl_g. https://fwsepermits.serviGenowserviGes.Gom/fws?id=fws_print_federal_permit&sys_id=28ec752a9702d250f161 b247f053af1 a 3/4 11/26/24,9:34 AM Federal Permit PER14031931 REHABILITATION Permit Number: MBPER14031931 Version Number: 0 Effective: 2024-11-26 Expires: 2029-03-31 You may donate dead migratory,birds or any parts thereof(except bald eagles and golden eagles,and species listed as threatened and endangered)without additional authorization from the migratory bird permit issuing office to qualMed public Institutions(as specified In 50 CFR 10,12(https:thw .e&.gov/w ant/titie-50/chapter-t/subchapter-B/pert-10/subpart-B/sectlon-10.12))or to IndWuals m entitles authorized by permit m regulation to acquire and possess migratory bird specimens. All dead specimens that you do not transfer to another authorized party must be disposed of by such means as are necessary to ensure that they are not exposed to animals In the wild. Eagle Hatton and/or whole eagle carcass"must be shipped to the National Eagle Repository(National Eagle and Wildlife Repository,RMA,Building 128,6550 Gateway Road,Commerce City,Colorado 80022,(303) 287-2110)or as otherwise directed by the Issuing migratory bird permit office. Information on non-eagle feather repositories:Ngn:Eegla Feebler Repositories.fingslAvww.fws.gov/service/ron�aale-feather-renositortes.) 23.Records.You must maintain records as required In 50 CFR 13.46(hops://www.ecfr.gov/wnentllftle-50/chapter-I/subchapter-B/pert-13/subpart-D/section-13,46)and 50 CFR 21.76(eyZL (hh sJhvww.ech:nov/cunenVb0e-50/chanter-1/subchapter-B/pert-21/sub Part-C/sec6on-21.76iFo-21.76%28e%29%257%29)All records relating to the permitted acbvi8es must be kept at the location indicated in writing by you to fhe migratory bird permit issuing office. 24.You and any subperrmittees must carry a legible copy of this permit and display it upon request when exercising its authority.Subpermittees not identified on this permit must also carry your written subperrnittee designation letter. 25,All birds held under this permit remain in the stewardship of the U.S.Fish and wildlife Service and may be relocated at any time for just cause. 26.Acceptance of this pemmlt authorizes the U.S.Fish and Wildlife Service to Inspect any wildlife held,and to audit or copy any permits,books,or records required to be kept by the permit and governing regulations. 27.You may not conduct the activities authorzec by this permit it doing so would violate the laws of the applicable State,county,municipal or tribal govemment or any other applicable low. For suspected Illegal activity,Immediately wntact USFWS Lew Enforcement 1$44-FWS-TIPS(397-8477). USFWS Office of Lew Enforcement(https:lhvww.fws.gov/programlofflc f4awwndor onVcontact-us) https://fwsepermits.servicenowservices.com/fws?id=fws_print_federal_permit&sys_id=28ec752a9702d250f161 b247f053af1 a 4/4 N Virginia Department of Wildlife Resources yC� :f 7870 Villa Park Drive,P.O.Box 90778,Henrico,VA 23228-0778 (804)367-1000(V/TDD) VIRGINIA r Under Authority of Title 29.1,Chapter 4,Code of Virginia DW R ~pi'R TYW�t Wildlife Rehabilitator Permit Customer ID: 3545686 Email Address: wiltedwingssanctuary@gmail.co m Permittee: DAWN FEDEROVICH Mobile: (757)560-7375 Mailing Address: 6365 Colby Way Virginia Beach, VA 23464-4449 City/County: Virginia Beach City Business: Nature's Nanny/Wilted Wings 2908 Luxford Ct Chesapeake, VA 23321 Chesapeake City Category for which Applicant is Authorized: Category IV Authorized Species: Permit Information: Name MB5842713-0 Adult Songbirds; Herons; Raptors; Woodpeckers This permit does not absolve the permittee of any responsibilities or conditions of any other federal,state,or local laws and regulations, including those that apply to threatened/endangered species. All wildlife possessed under the authority of this permit shall remain the property of the State of Virginia and under the primary jurisdiction of this Agency. The primary goal of the permittee is to return injured or orphaned native animals to their natural habitat,as quickly as possible, providing them with a reasonable chance to function and behave normally within its population and ecosystem. Wildlife undergoing rehabilitation shall not be displayed or exhibited. Only pre-immunized handlers will be permitted to handle high risk rabies animals(raccoons,skunks,foxes, bats,woodchucks). Applicants are responsible for reviewing,understanding,and complying with all wildlife rehabilitation permit conditions that were distributed to them and that may be listed on this permit.If an applicant has not received a copy of the comprehensive permit conditions,they must contact the Permitting Section at(804)367-6913. Failure to comply with permit conditions may constitute an offense and may also result in permit revocation. Applicants may appeal permit decisions within 60 days of issuance. The appeal must be in writing to the Director, Department of Wildlife Resources. Issued By: Date: 1/8/2025 Permit Effective 2/1/2025 Through 1/31/2026 WARWICK ANIMAL. HOSPITAL, LTD. { T NEWS VA 23601-2 * tu'S#`C^oXt t 0.aA°. 79;}t 14750coMPtJEYE C-OM April Dove Warwick Animal Hospital 11117 Jefferson Ave Newport News, VA, 23601 warwickaninralhospitat:&verizon.nLG?t (757)595.337 81512d To Whom It May Concern, I am writing this latter to I igl0y :c om.me;d ,end expre£s.; -r,y willingness to work with dawn Feder:;vich, a and sk,11od wildVP, ri4ia ilfl'itl'+t Vvho'-s pecializes in the care of our native girds of pry#y and rnrvids, As a licensed veterinarian with cxRensivo experience in avian rnedicine.. I have had the privilege of collab,�rating w1ith nurnerous wikllife rehabilitators, In my professional opinion, Dawn stands out due to her exoertise, and uompassionate approach to wildlife rehabilitation. Dawn has demonstrated a thorough understanding of the unique medical, nutritional, and environmental needs of these ►t)irds. She consistently applies best practices in the care and rehabilitation of these majestic creatures, ensuring they receive the highest standard of care. Her commitment to the Drell-being and successful release of rehabilitated birds into their Natural habitats is truly commendable. I am confident in Dawn's abilities to continue providing exemplary care for our native birds. I any more than willing to offer my professional support and collaborate with her on any necessary medical treatments, diagnostics, or interventions that these birds may require during their rehabilitation process. Please feel free to contact me if you require any further information or if there is any way I can be of assistance, Sincerely, April Dove, DVM - " From: Framingham HOA To: Michael D.Hayes Subject: Christina M.Soquet-GPIN: 1455390621 Conditional Use Permit,District 7 Date: Friday,April 4,2025 3:43:38 PM Attachments: Scan 20250404.ona Scan 20250404(2).ona Scan 20250404(3).Dna Importance: High CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. i Dear Mr. Hayes: Some close neighbors of Ms. Christina Soquet received the Planning Commission's notice about a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility, requested by Ms. Christina M. Soquet at 6365 Colby Way,Virginia Beach,VA 23464, GPIN: 1455390621. As a resident of Framingham Village Homes Association (FVHA), College Park Subdivision, District 7, Ms. Christina M. Soquet has been in arrears of paying her annual assessment fees. Currently, her assessment fees have been past due from 2022-2025 (see attached Assessment statements). In addition,the FVHA's Declaration of Covenants, Conditions, and Restrictions states in Article VI: Use Restrictions: Section 4. "No obnoxious or offensive trade shall be carried on upon any Lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No business or profession of any kind or nature shall be carried on or practiced in any residential structure without the expressed written consent of FVHA Board of Directors,"and Section 9. "No animal or livestock or poultry shall be raised on any Lot, except that dogs and cats, not in excess of two, can be kept as household pets, but shall not be raised for commercial purposes. Additional dogs and cats born on the premises may be kept until 12 weeks old." The Framingham Homeowners Association and the Board of Directors are asking the Virginia Beach Planning Commission to deny Ms. Soquet's request effective immediately. If you have any questions about this matter, please contact me Monday-Wednesday, 10 a.m. -2 p.m. at the office number below, or call my cell number at(757) 651-9678. Thank you for your consideration of this urgent matter. Cordially, Mamie 1. Johnson President Framingham Village HOA 1324 College Park Blvd. Virginia Beach, VA. 23434 757-424-3936 L. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • ARTS AND HUMANITIES COMMISSION • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF ZONING APPEALS • BOARD OF BUILDING CODE APPREALS • CLEAN COMMUNITY COMMISSION • COMMUNITY POLICY AND MANAGEMENT TEAM • EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY • FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD • GREEN RIBBON COMMITTEE • HAMPTON ROADS PLANNING DISTRICT COMMISSIOM • HEALTH SERVICES ADVISORY BOARD • HISTORIC PRESERVATION COMMISSION • HISTORICAL REVIEW BOARD • HOUSING ADVISORY BOARD • HUMAN RIGHTS COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • OLD BEACH DESIGN REVIEW COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PARKS AND RECREATION COMMISSION • PERSONNEL BOARD • PROCESS IMPROVEMENT STEERING COMMITTEE • PUBLIC LIBRARY BOARD • RESORT ADVISORY COMMISSION • SOCIAL SERVICES ADVISORY BOARD • STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP • TIDEWATER COMMUNITY COLLEGE • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION • VIRGINIA BEACH VA250 COMMITTEE M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT OPEN DIALOGUE For non-agenda items, each speaker will be allowed three minutes. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on June 3, 2025. J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:05/06/2025 PAGE: I R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N LN I. CITY COUNCIL'S BRIEFINGS A. FY 2025-26 RESOURCE MANAGEMENT PLAN(BUDGET) Operating and Capital Budgets II.-VI. CERTIFICATION OF CLOSED SESSION APPROVED 10-0 A Y Y Y Y Y Y Y Y Y Y A-F B S T A I N E D G. MINUTES APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y A B 1. INFORMAL AND FORMAL SESSIONS S April 15,2025 T A 2. SPECIAL FORMAL SESSION I April 16,2025 N E D 3. SPECIAL FORMAL SESSIONS APPROVED 10-0 Y Y Y Y Y Y A Y Y Y Y April 22,2025 B S T A I N E D H. MAYOR'S PRESENTATIONS 1. PROCLAMATION—Bike Month Bryan Hickman—Active Transportation Advisory Committee 2. PROCLAMATION—Mental Health Awareness Month Susannah Uroski,Vice Chair of Community Services Board—Department of Human Services 3. PROCLAMATION—International Economic Development Week Christian Green—Director of Economic Development Natalie Guilmeus—Deputy Director of Economic Development Emily Archer—Deputy Director of Economic Development J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C 0 K S B H S S E C U 0 S DATE:05/06/2025 PAGE: 2 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E 0 E C N S A 0 ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N It I. PUBLIC HEARINGS 1. PROPOSED AMENDMENT TO THE 0 SPEAKERS CENTRAL BUSINESS DISTRICT-SOUTH TAX INCREMENT FINANCING ORDINANCE 2. DECLARATION SALE AND OF EXCESS CITY 0 SPEAKERS PROPERTY - Adjacent to 310 Winston Salem Avenue and property in Lake Rudee adjacent to 312 Winston Salem Avenue 3. CAFE FRANCHISE AGREEMENT 0 SPEAKERS Calabrese Management Group,Inc.,t/a Albie's Pizza re sidewalk cafe 4. PROPOSED FRANCHISE AGREEMENTS a. 600 Block of 18'Street and on Cypress Avenue 0 SPEAKERS between 19'and 181 Street to Old Beach Farmers Market b. In ViBe Park, at the corner of 18' Street and 0 SPEAKERS Cypress Avenue,to Old Beach Art Market K.I. Resolution to REQUEST the Circuit Court to ADOPTED 7-4 Y Y Y Y N Y N Y N N Y Order a Referendum Election be held on November 4, 2025, re "Should the method of City Council Elections set forth in the Virginia Beach City Charter be changed from a modified 7-3-1 system to a 10-1 system" K.2. Ordinance to AUTHORIZE the acquisition of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y property in fee simple and temporary and CONSENT permanent easements, either by agreement or condemnation re the 17th Street Improvements Phase I Pacific Avenue to Cypress Avenue Project,CIP 100001 K.3. Ordinance to AUTHORIZE the City Manager to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXECUTE a Lease Extension for up to eighteen CONSENT (18) months with the Virginia Museum of Contemporary Art re City-owned property at 2200 Parks Avenue (Deferred from April 15, 2025) K.4. Ordinance to DISSOLVE the 2040 Vision to ADOPTED,BY 11-0 Y Y Y Y Y Y Y y Y Y Y Action Community Coalition Commission CONSENT (Requested by City Council) K.5. Ordinance to AMEND City Code Sections 5-301 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y through 5-304 re pet licensing CONSENT K.6. Resolution re ISSUANCE of Educational ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Facilities Revenue Bond by the Development CONSENT Authority not to exceed$10-Million re Virginia Wesleyan University J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:05/06/2025 PAGE: 3 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N L N K.7. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a portion of City-owned CONSENT property known as the Chesopeian Colony Reserved Boat Basin and Drainage Area adjacent to 2712 Shepherds Quarter re construct and maintain a boat lift and timber pier DISTRICT 8 K.8. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into City-owned property known as CONSENT Lake Wesley,at the rear of 508 Southside Road re construct and maintain three(3)floating piers and a boat lift DISTRICT 5 K.9. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y funds totaling $1,581,945 from the Virginia CONSENT Opioid Abatement Authority (OAA) to the FY2024-25 Operating Budgets: Emergency Medical Services($904,535)and Human Services ($214,097) re support a pilot co-responder program to support individuals who have experienced an overdose; Human Services ($219,511)re match funds for OAA Regional Treatment Van;Human Services($142,436)re match funds for OAA Regional Recovery High School;Human Services($15,000)re support the Child Welfare Respite Program; Human Services($86,366)re support staff training on substance abuse;and AUTHORIZE within the FY2024-25 Operating Budgets 1.0 FTE re Human Services and 3.0 FTE re Emergency Medical Services K.10. Ordinance to TRANSFER $509,235 from the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y General Fund Reserve for Contingencies to the CONSENT FY2024-25 Voter Registration Operating Budget re fund the June primary elections L. APPOINTMENTS RESCHEDULED B Y C O N S E N S U S BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH VA250 COMMITTEE BAYFRONT ADVISORY COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y William Prince 3 Year Term 5/6/2025—4/30/2028 J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:05/06/2025 PAGE: 4 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N HUMAN RIGHTS COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Rosalind Vaughan Unexpired term thru 3/31/2028 MINORITY BUSINESS COUNCIL Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Grace Peart Reappointed: Olga Torres 2 Year Term 6/1/2025—5/31/2027 OPEN SPACE ADVISORY COMMITTEE Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Heather Malaby Unexpired term thru 10/31/2025 3+Year Term 11/1/2025—10/31/2028 M. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 7:38 PM OPEN DIALOGUE 9 SPEAKERS 8:05 PM J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O - S DATE:05/13/2025 PAGE: 1 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTF I S R Y N N K D E N N I SPECIAL FORMAL SESSION A. CALL TO ORDER—Mayor Robert M."Bobby" Dyer 1.READING OF THE MAYOR'S CALL FOR SPECIAL FORMAL SESSION B. ROLL CALL OF CITY COUNCIL I I FY2025-26 RESOURCE MANAGEMENT PLAN-RECONCILED PROPOSAL A. FY2025-26 OPERATING BUDGET ADOPTED 10-1 Y Y Y N Y Y Y Y Y Y Y l. Ordinance to APPROPRIATE$3,864,748,322 consisting of$753,894,590 in inter-fund transfers,$325,165,903 for internal service funds,and$2,785,687,829 in operations for Fiscal Year beginning July 1,2025 and ending June 30,2026 2. Ordinance to ESTABLISH the Tax Levy on Real Estate for FY2026 Ordinance to ESTABLISH the Tax Levy on 3. Personal Property and Machinery and Tools for Calendar Year 2026 4. Ordinance to AUTHORIZE the City Manager to submit the FY2025-26 Annual Funding Plan to the U.S.Department of Housing and Urban Development(HUD) 5. Ordinance to AMEND City Code Sections 35- 64 and 35-67 re Exemption or Deferral of Real Estate Taxes for elderly or disabled persons 6. Ordinance to AMEND City Code Section 35- 137 re Tax on meals Ordinance to ESTABLISH revenues for and 7. planned expenditures from the Major Projects Fund 8. Ordinance to AMEND City Code Section 32.5-2 re Equivalent Residential Unit(ERU)Fee 9 Ordinance to AMEND City Code Section 2-385 re Short Term Rental Zoning Permit 10. Resolution to EXTEND the City/School Revenue Sharing Policy to June 30,2026 11. Ordinance to AMEND City Code Section 2-83 re holidays 12. Ordinance to ADD City Code Section 2-426 re charging for ambulance services 13. Ordinance to AMEND City Code Section 2-421 re Department of Emergency Medical Services EMS J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:05/13/2025 PAGE: 2 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N 14. Ordinance to ADD City Code Section 2-322 re establish a division of Community Justice within the Department of Human Services 15. Ordinance to DECLARE as SURPLUS$1- Million of funding within the Central Business District South Tax Increment Financing Fund (Town Center TIF)re FY2024-25 Operating Budget 16. Ordinance to AMEND Section 3 of the Central Business District—South Tax Increment Financing Ordinance re include capital maintenance and beautification 17. Ordinance to ADD Article IV to City Code Chapter 18 re pleasure boat license fees 18. Ordinance to AMEND City Code Section 2-101 re definition of"Full-Time Employee" B. FY2025-26 CAPITAL BUDGET ADOPTED 10-1 Y Y Y N Y Y Y Y Y Y Y I. Ordinance to ADOPT the FY2025-26 through FY2030-31 Capital Improvement Program (CIP)and APPROPRIATE$446,881,310 re FY2025-26 Capital Budget,subject to funds being provided from various sources set forth herein 2. Ordinance to AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of$72,827,365 re various public facilities and general improvements Ordinance to AUTHORIZE the issuance of 3. General Obligation Public Improvement Bonds in the maximum amount of$11,800,000 re flood protection 4. Ordinance to AUTHORIZE the issuance of Stormwater Utility System Revenue Bonds in the maximum amount of$12,369,281 5. Ordinance to AUTHORIZE the issuance of Water and Sewer System Revenue Bonds in the maximum amount of$26,819,000 6. Resolution to AFFIRM the City's commitment to fund the Locality Share of Projects and PROVIDE Signature Authority for projects under agreement with the Virginia Department of Transportation(VDOT) III. 1 ADJOURNMENT 6:32 PM J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:05/20/2025 PAGE: 1 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N I. CITY COUNCIL'S BRIEFING A. RUDEE LOOP PARK DESIGN OPTIONS Clay Dills,Owner— Dills Architects Michael Kirschman, Director—Parks and Recreation II. CITY MANAGER'S BRIEFING A. 17'Street Update Emily Archer, Deputy Director— Economic Development III.-V. CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-F G. MINUTES 1. SPECIAL FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y April 29,2025 H. MAYOR'S PRESENTATIONS I. PROCLAMATION—Virginia Beach Public Works Week May 18'-24' LJ Hansen,Director Katie Shannon,Deputy Director Toni Utterback,City Engineer 2. PROCLAMATION—Emergency Medical Services Week May 18'-241 Chief Jason Stoud,Director—Emergency Medical Services 3. RESOLUTION-ViBe 10"ANNIVERSARY Kate Pittman,Executive Director—ViBe Creative District Andrew Fine and Laura Wood,Co-founders— ViBe Creative District nonprofit I. PUBLIC HEARING 1 ACQUISITION OF AGRICULTURE LAND 0 SPEAKERS PRESERVATION(ARP)EASEMENT Installment Purchase Agreement for 78.26 acres of land at 2216 Stowe Road ADD Resolution to DESIGNATE Cypress Avenue in ADDED 11-0 Y Y Y Y Y Y Y Y Y Y Y ON Honor of Andrew Fine K.1. Ordinance to DECLARE 1,427+/-square feet of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y City property adjacent to 310 Winston Salem CONSENT Avenue and 4,817+/-square feet adjacent to 312 Winston Salem Avenue in EXCESS of the City's needs and AUTHORIZE the City Manager to sell the property to FWM Residential Rental Properties,LLC J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:05/20/2025 PAGE: 2 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N K.2. Ordinance to GRANT a Franchise Agreement to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Calabrese Management Group,Inc.,t/a CONSENT Albie's Pizza re Outdoor Cafk at 200 21" Street K.3. Ordinance to GRANT two(2)Franchise ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Agreements for Open Markets on public CONSENT property: a.600 Block of 186 Street and on Cypress between 19'and 18'Street to Old Beach b.ViBe Park,at the corner of 18'Street and Cypress Avenue to Old Beach Art Market KA. Ordinance to ADD City Code Section 21-202 re ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y prohibit through trucks and require signage of CONSENT such prohibition on Twin Mills Road (Requested by Mayor Dyer and Vice Mayor Wilson) K.5. Ordinance to AUTHORIZE the City Manager to ADOPTED,BY 1 l-0 Y Y Y Y Y Y Y Y Y Y Y EXECUTE an Agreement with ViBe District for CONSENT the sale,installation and maintenance of pavers in the 18'Street Parklet re raise funds to support public arts in the District K.6. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into City-owned property known as CONSENT Bass Inlet East and a 10' City -owned public drainage easement at the rear of 2913 Sandpiper Road re construct and maintain timber floating pier,a timber floating pier with an aluminum gangway, and maintain a vinyl bulkhead DISTRICT 2 K.7. Resolution to AMEND Resolution 04310,which ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y authorized and directed the City Manager to CONSENT execute an Intergovernmental Agreement between the Virginia Department of Forestry and the City re purchase of Agricultural Reserve Program (ARP)Easements K.8. Resolution to REQUEST the Virginia Department ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y of Wildlife Resources(DWR)to AUTHORIZE CONSENT the City to DESIGNATE,POST and ENFORCE the section of Linkhom Bay in the vicinity of Quail Point Road and Bingham Street as a"No Wake"Zone K.9. Resolution to REFER to Planning Commission ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y the proposed amendments to the City Zoning CONSENT Ordinance re Short Term Rentals requirements and penalties K.10. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $3,055,930 from the Federal Department of CONSENT Housing and Urban Development and APPROPRIATE$342,597 of existing Housing Choice Voucher(HCV)fund balance to the FY 2024-25 Department of Housing and Neighborhood Preservation Operating Budget re support the Housing Choice Voucher Program J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:05/20/2025 PAGE: 3 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N K.11. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $120,000 from the Virginia Department of CONSENT Criminal Justice(DCJS)as part of the"Operation Ceasefire" grant to the FY 2025-26 Police Department Operating Budget re support initiatives to reduce violent crime and eliminate cycles of violence K.12. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $155,952 from the Commonwealth to the FY CONSENT 2025-26 Commonwealth's Attorney Operating Budget and AUTHORIZE two (2) full-time Attorney positions effective July 1,2025 K.13. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $51,509 from the Commonwealth to the FY 2025- CONSENT 26 Clerk of Circuit Court's Operating Budget and AUTHORIZE one(1)full-time Deputy Clerk position effective July 1,2025 K.14. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $143,084.32 and $3,861.69 from the Federal CONSENT Emergency Management Agency(FEMA)to the FY 2024-25 Fire Department Operating Budget re mobilization and administration of Virginia Task Force 2 for the Kentucky severe weather deployment K.15 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y $629,780.30 and $13,595.61 from the Federal CONSENT Emergency Management Agency(FEMA)to the FY 2024-25 Fire Department Operating Budget re mobilization and administration of Virginia Task Force 2 for the Louisville, Kentucky severe weather deployment K.16 Resolution to DESIGNATE Cypress Avenue in ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Honor of Andrew Fine L.1. MILLWOOD ASSOCIATES, LLC & APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y REDEEMER PRESBYTERIAN CHURCH / CONDITIONED,BY MILLWOOD ASSOCIATES, LLC for a CONSENT Variance to Section 4.4(b) of the Subdivision Regulations re subdivide parcel to create a new lot width and Conditional Use Permit re religious use at a portion of 2307 Millwood Road DISTRICT 8 L.2. CITY OF VIRGINIA BEACH for a DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Conditions to a Conditional Use JUNE 17,2025,BY Permit re Borrow-Pit Fill at 560 Oceana CONSENT Boulevard DISTRICT 6 L.3. BRIAN D. & LADONNA SMITH for a APPROVED /AS 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional Change of Zonis from B-2 PROFFERED,BY Community Business District to Conditional R-10 CONSENT Residential District re demolish existing one- story single-family dwelling and construct new one at 1549 Bradford Road DISTRICT 9 J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:05/20/2025 PAGE: 4 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N L.4. ERICA FRITZ/ERICA FRITZ&STEPHEN APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y HODGES for a Conditional Use Permit re CONDITIONED,BY commercial kennel at 2738 Salem Road CONSENT DISTRICT 2 L.S. ASCENT BUILDING, LLC / LASKIN WITHDRAWN,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ROADS ASSOCIATES,LP for a Conditional CONSENT Use Permit re religious use at 941 Laskin Road DISTRICT 6 L.6. DAWN FEDEROVICH / CHRISTINA M. DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y SOQUET for a Conditional Use Permit re home- JUNE 3,2025 based wildlife rehabilitation facility at 6365 Colby Way DISTRICT 7 L.7. AUTO GLASS & SUNROOF REPAIR & APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y WATER LEAK CORP./JNJ ENTERPRISES, CONDITIONED,AS LLC for a Conditional Use Permit re auto repair AMENDED,BY garage at 5033 Cleveland Street DISTRICT 4 CONSENT L.B. PATRICK A BOWERS/BOWERS&JONES APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y PROPERTIES, LLC for a Conditional Use CONDITIONED,BY Permit re short term rental at 903 Pacific CONSENT Avenue, Unit A DISTRICT 5 (Deferred from April 15,2025) L.9. SUMESH NAIR/PAS PARTNERSHIP,LLC APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y for a Conditional Use Permit re short term rental CONDITIONED,BY at 514 22nd Street, Units 100, 200 & 300 CONSENT DISTRICT 6 M. APPOINTMENTS RESCHEDULED B Y C O N S E N S U S ACTIVE TRANSPORTATION ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM EASTERN VIRGINIA MEDICAL SCHOOL BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O - S DATE:05/20/2025 PAGE: 5 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N STORMWATER APPEALS BOARD TIDEWATER COMMUNITY COLLEGE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH VA250 COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 7:00 PM