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Home My WebLink About7-1-2025 FORMAL SESSION AGENDA ��NIAB�c City of Virginia Beach U �, "COMMUNITY FOR A LIFETIMP p �2 f-S 0 OF BUR NA'�\�l1�' 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 mberiucc@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 bhenlev@VBgov.com 1 757-426-7501 jvrouse@VBgov.com 1757-840-1821 David Hutcheson, District 1 Joashua F. "Joash" Schulman, District 9 dhutcheson@VBgov.com 1 757-651-7641 ichulman@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 July 1, 2025 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIL'S BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. RESET, INC. OVERVIEW AND SERVICES OFFERED 1:00 P.M. Sabrina Davis, Director—RESET Inc. (Requested by Mayor Dyer and Council Member Jackson-Green) B. RESIDENT PARKING AT THE OCEANFRONT UPDATE 1:30 P.M. U Hansen, Director- Public Works II. CITY COUNCIL LIAISON REPORTS 2:15 P.M. III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 2:30 P.M. IV. CITY COUNCIL AGENDA REVIEW 2:45 P.M. V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 3:00 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 SESSIONS—June 3, 2025 2. SPECIAL FORMAL SESSION —June 10, 2025 3. INFORMAL AND FORMAL SESSIONS—June 17, 2025 H. PUBLIC HEARINGS 1. DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY Approximately 0.17 acres of land, including the building improvements thereon, at 302 22nd Street 2. ACQUISITION, BY AGREEMENT OR CONDEMNATION Eastern Shore Drive Drainage Improvements Phase 1, Sections 1B —CIP 100167 — Lynnhaven Colony Park Pump Station and 1C.2 —CIP 100153 —Cape Henry Canal Phase II 3. LEASE OF CITY PROPERTY Approximately 37 square feet of space in the building at 952 Reon Drive to Kempsville Borough Boys Baseball 4. LEASE OF CITY PROPERTY—FARMERS MARKET Suite 516, approximately 1,038 square feet of space to Princess Anne County Grill I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES 1. Ordinance to AUTHORIZE 50'-wide Access and Utilities Easement across a portion of the City's Lake Gaston Pipeline Property located in Greensville County, Virginia to Jarratt Energy Facility, LLC 2. Ordinance to AUTHORIZE temporary encroachments into a City-owned drainage easement and drainage and utility easement, at the rear of 947 Bingham Street re construct and maintain a boat lift, boathouse,fixed dock, variable width and floating dock,variable width stone rip-rap,timber walkway, wood retaining wall, and five (5) piles DISTRICT 6 3. Ordinance to AUTHORIZE temporary encroachments into a City-owned property, at the rear of 4305 Lookout Road re construct and maintain a variable width rip-rap,variable width wood dock, boat ramp and retaining wall, and to maintain an existing variable width bulkhead DISTRICT 9 4. Ordinance to ACCEPT and APPROPRIATE $6,402 from the Commonwealth to the FY2025-26 Office of the Voter Registrar Operating Budget re provide salary adjustments approved by the General Assembly 5. Ordinance to APPROPRIATE $603,546 from the fund balance of the General Fund and $98,252 from the fund balance of the Tourism Investment Program (TIP) Fund to the FY2025-26 Non- Departmental Operating Budget re City's participation in Hampton Roads Transit's Transportation Service Plan 6. Ordinance to APPROPRIATE $610,000 from the Police Federal & State Seized Assets Special Revenue Fund to the FY2025-26 Police Department Operating Budget re police software, equipment, and training 7. Ordinance to DONATE a vehicle to the Currituck County Sheriff's Department K. APPOINTMENTS • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF ZONING APPEALS • CLEAN COMMUNITY COMMISSION • HEALTH SERVICES ADVISORY BOARD • HISTORIC PRESERVATION COMMITTEE • HISTORICAL REVIEW BOARD • HOUSING ADVISORY BOARD • INDEPENDENT CITIZEN REVIEW BOARD • MINORITY BUSINESS COUNCIL • PERSONNEL BOARD • PLANNING COMMISSION • PUBLIC LIBRARY BOARD • SOCIAL SERVICES ADVISORY BOARD • STORMWATER APPEALS BOARD • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE L. UNFINISHED BUSINESS M. NEW BUSINESS N. 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 July 1, 2025. I. CITY COUNCIUS BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. RESET, INC. OVERVIEW AND SERVICES OFFERED 1:00 P.M. Sabrina Davis, Director— RESET Inc. (Requested by Mayor Dyer and Council Member Jackson-Green) B. RESIDENT PARKING AT THE OCEANFRONT UPDATE 1:30 P.M. LJ Hansen, Director- Public Works II. CITY COUNCIL LIAISON REPORTS 2:15 P.M. III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 2:30 P.M. IV. CITY COUNCIL AGENDA REVIEW 2:45 P.M. V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 3:00 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION p'- < ;;4 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 SESSIONS—June 3, 2025 2. SPECIAL FORMAL SESSION —June 10, 2025 3. INFORMAL AND FORMAL SESSIONS—June 17, 2025 H. PUBLIC HEARINGS 1. DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY Approximately 0.17 acres of land, including the building improvements thereon, at 302 22nd Street 2. ACQUISITION, BY AGREEMENT OR CONDEMNATION Eastern Shore Drive Drainage Improvements Phase 1, Sections 1B —CIP 100167 — Lynnhaven Colony Park Pump Station and 1C.2 —CIP 100153 —Cape Henry Canal Phase II 3. LEASE OF CITY PROPERTY Approximately 37 square feet of space in the building at 952 Reon Drive to Kempsville Borough Boys Baseball 4. LEASE OF CITY PROPERTY— FARMERS MARKET Suite 516, approximately 1,038 square feet of space to Princess Anne County Grill S• r iY PUBLIC HEARING DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING Tuesday,July 1,2025 at 6:00 p.m.,in the Council Chamber of City Hall-Bldg.1 at the Virginia Beach Municipal Center.The purpose of this hearing will be to obtain public input to determine whether the following property should be declared in excess of the City's needs and conveyed to 21•, Street Properties,LLC or an affiliated entity: Approx. 0.17 acres of land, including the building and improvements thereon,located at 302 22n^Street(GPIN:2427-18- 0657) for the purpose of resubdivision into the adjacent parcels and construction of a mixed-use development. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385-4303;hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Economic Development,4525 Main Street,Suite 700,Virginia Beach,VA 23462 (757) 385-6464, ecdevOvb ov.com. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on July 1, 2025. 2. Download WebEx and view the meeting at: htti)s://vboov.webex.com/webli n W register/re96481bd2Of699 e8793f8ffe3756306d All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-June 22,2025 pjLk 4, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring City Property Located at 302 22nd Street to be in Excess of the City's Needs and 2) Authorizing the City Manager to Enter into a Purchase Agreement for the Sale of the Property to 21 st Street Properties, LLC PUBLIC HEARING: July 1, 2025 MEETING DATE: July 8, 2025 ■ Background: The City of Virginia Beach (the "City") owns property located at 302 22nd Street (GPIN: 2427-18-0657) consisting of approximately 7,000 sq. ft. of land with a 4,247 sq. ft. building (the "Property"). The Property is currently used by the City for storage and was formerly used as the Princess Anne County Library from 1959-1978 (the "Library"). Seeking possible reuses of the Library or the Property, the City issued RFP #ED-24-01 on January 22, 2024. After evaluating all responsive proposals, staff recommended that 21St Street Properties, LLC, a Virginia limited liability company; Lilly Incorporated of Virginia, a Virginia corporation; and Lilly ll, L.L.C., a Virginia limited liability company (collectively, the "Developer") acquire the Property for redevelopment. The Developer has proposed a plan for the development of the Property into a multi-use development project consisting of multi-family residential, retail, restaurant and structured parking (the "Project"). The City has identified approximately 4,372 sq. ft. of the Developer's property as necessary for the City's Pacific Avenue Turn Lane capital project (CIP-100673) (the "Road Project"). As part of the sale of the Property to the Developer, the Developer has agreed to sell the property needed for the Road Project to the City. The terms and conditions of the sale of the Property are set forth in the Term Sheet attached to the Ordinance as Exhibit A. ■ Considerations: Due to its deteriorated condition, the parties determined that preserving the Library was impractical. However, Developer has agreed to install a plaque on the exterior of the Project describing the Library and its historic significance to Virginia Beach. The City shall be responsible for any soil remediation on the Property due to potential underground storage tanks located on the Property, and the Developer shall be responsible for any building remediation (such as asbestos) to the Library and its demolition. The Library shall not be demolished until the Project has commenced construction and the City shall retain approval rights of the proposed development. ■ Public Information: As required by Section 15.2-1800, a public hearing will be advertised in The Virginian-Pilot on June 22, 2025, and will be held on July 1, 2025. Public information will also be provided through the normal City Council agenda process. ■ Recommendations: Approval. ■ Attachments: Ordinance, Summary of Terms (Exhibit A), Legal Description (Exhibit B), Location Map, Disclosure Statement Recommended Action: Approvals Submitting Department/Agency: Economic Development V` City Manager. 1 AN ORDINANCE 1) DECLARING CITY PROPERTY 2 LOCATED AT 302 22ND STREET TO BE IN EXCESS OF 3 THE CITY'S NEEDS AND 2) AUTHORIZING THE CITY 4 MANAGER TO ENTER INTO A PURCHASE AGREEMENT 5 FOR THE SALE OF THE PROPERTY TO 21 ST STREET 6 PROPERTIES, LLC 7 8 WHEREAS, the City of Virginia Beach (the "City") owns property located at 302 9 22"d Street (GPIN: 2427-18-0657) consisting of approximately 7,000 sq. ft. of land with a 10 4,247 sq. ft. building (the "Property"); 11 12 WHEREAS, to identify a private party to redevelop the Property, the City issued 13 RFP #ED-24-01 and, after evaluating all responses, determined that 21s' Street 14 Properties, LLC, a Virginia limited liability company; Lilly Incorporated of Virginia, a 15 Virginia corporation; and Lilly II, L.L.C., a Virginia limited liability company (collectively, 16 the "Developer") presented the best plan for a reuse of the Property; 17 18 WHEREAS, Developer proposes a plan for the development of a multi-use 19 development project consisting of multi-family residential, retail, restaurant and 20 structured parking (the "Project"); 21 22 WHEREAS, the City has identified approximately 4,372 sq. ft. of the Developer's 23 property as necessary for the City's Pacific Avenue Turn Lane capital project (CIP- 24 100673) (the "Road Project"); 25 26 WHEREAS, as part of the sale of the Property to the Developer, the Developer 27 has agreed to sell the property needed for the Road Project to the City; and 28 29 WHEREAS, the terms and conditions of the of the sale of the Property are set 30 forth in the Term Sheet attached hereto as Exhibit A. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA, 34 35 1. That the Property, consisting of approximately 7,000 sq. ft. (0.17+/- acres), 36 more particularly described on Exhibit B attached hereto and incorporated herein, is 37 hereby declared to be in excess of the needs of the City of Virginia Beach. 38 39 2. That the City Manager, or his designee, is hereby authorized to execute 40 any and all documents necessary for the sale of the Property as contemplated herein, 41 so long as the documents are substantially in accordance with the terms set forth on the 42 Summary of Terms, attached hereto as Exhibit A, and incorporated herein, and such 43 other terms, conditions or modifications as may be acceptable to the City Manager and 44 in a form deemed satisfactory by the City Attorney. 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 46 of , 2025. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OFALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Econo is Development CA16733 \lvbgov.aom%ft 11aPpkgonalcilyWW%Cycom321wpdoc51d01 B1p051101055489.docx R-1 6/20/2025 2 6/13/25 EXHIBIT A TERM SHEET 302 22nd Street The City of Virginia Beach(the"City")issued its RFP#ED-24-01 for the sale and adaptive reuse of real property owned by the City at 302 22nd Street(the"City Parcel"). The City received responses from a development team consisting of 21'Street Properties, LLC, Lilly Inc. and Lilly II LLC (each a"Developer Party", and collectively,the"Developer"). The Developer,via the various Developer Parties, owns or controls the parcels to the east, west and south of 302 22nd Street (the "Developer Parcels"). As set forth below, the Developer proposes the development of a mixed-use development project on the Developer Parcels and the City Parcel, consisting of multifamily residential condominium, retail, restaurant, and structured parking(the "Project"). To accomplish the Project,Developer offered to purchase the City Parcel on the terms and conditions set forth below. 1. Properties (NOTE: All final square footage calculations are subject to a final survey.) a. City Parcel: 0.16+/- acre / 7,000 square feet located at 302 22nd Street, Virginia Beach,VA(GPIN: 2427-18-0657). The City Parcel contains an approximately 4,247 square foot building built in 1927 previously used by the City as a branch of its public library system (the "Library Building"). b. Developer Parcels: 2108 Pacific Avenue, 2106 Pacific Avenue, 304, 306 & 308 22nd Street, 305, & 307 21"Street, and 15' x 180.47' private right-of-way. The e City has identified approximately 2,197 square feet of 2108 Pacific Avenue, 1,947 square feet of 2106 Pacific Avenue, and 228 square feet of the private right- of-way as necessary for the City's Pacific Avenue Turn Lane capital project CIP- 100673 (the "Road Project"), for the construction of a new turn lane along Pacific Avenue(the parcels collectively,the"RPP"). As a part of the sale of the City Parcel to Developer,the Developer will sell the RPP to the City as described below. The Developer Parcels, the City Parcel, and the RPP are all shown on Exhibit A, attached hereto. 2. Project Description: The Project will be constructed on the Developer Parcels and the City Parcel. The Developer intends to construct a mixed-use development project generally as described below.The Project will involve the demolition of the existing buildings on the Developer 1 6/13/25 Parcels and the demolition of the Library Building on the City Parcel. The following elements will constitute the Project, with all numbers approximated and subject to refinement: a. 8-story residential tower consisting of 131 multifamily condominium units. b. 4,340 square feet of restaurant and 4,000 square feet of retail on the first floor of the Project. c. 4-story parking structure with 258 spaces. The restaurant, retail and residential will largely wrap the parking. d. All elements of the Project will be privately owned and operated. The anticipated private investment in the Project is between $96-$100 million. 3. Terms of Sale of City Parcel: The parties will enter into a sales agreement(the "Sales Agreement") whereby the City will sell the City Parcel to the Developer (or an affiliate) and the Developer will sell the RPP to the City on the below terms: a. The parties agree that the City Property is valued at $75.00 per square foot and the RPP is valued at $105.00 per square foot. (Estimate 7,000 sf x $75.00= $525,000) b. The Parties intend to exchange the City Property for the RPP with consideration being paid based on the difference in value (if any) based on final square footages exchanged (taking into account the different valuations), plus the value of any easements required by the City on the Developer Parcels necessary for the completion of the Road Project, with such value calculated as a percentage of the $105.00 per square foot fee value as agreed, subject to final survey and plat development. (Estimate 4,372 sf x $105.000= $459,060) c. Environmental Conditions. If prior to Closing(defined below) any environmental issues are discovered on either the City Property or the RPP, the City (in the case of the City Property), or the applicable Developer Party (in the case of the RPP) may elect to remediate the issue, or terminate the Purchase Agreement. Notwithstanding the foregoing, (i) the City shall be responsible for the cost associated with the removal of potential underground storage tank(s) located on the City Property, and (ii) Developer shall be responsible for the cost of any building remediation (such as asbestos) associated with the demolition of the Library Building. 2 6/13/25 d. The closing shall occur as follows: If the City Conditions and Developer Conditions as set forth in Section (e) below have been satisfied or waived within 12 months of the date of the Sales Agreement, the parties shall exchange the City Property for the RPP with a cash payment from the Developer to the City to offset the difference in value of property received by the City (the "Closing") (Estimate $65,940). The Closing will involve three separate transactions,to occur simultaneously,between the City and the applicable Developer Party holding title to the RPP being acquired by the City. e. After execution of the Sales Agreement and prior to Closing, each party shall have the right to enter onto the property it is to acquire from the other party to perform such tests, examinations and other due diligence as such party deems necessary. In the event Closing does not occur and the Sales Agreement is terminated, any damage caused by one party to the property of another caused by the actions contemplated by this section shall be repaired by the party who caused the damage. f. Prior to Closing, the City agrees to join as landowner any applications necessary to allow the Developer to achieve site plan approval or discretionary approvals from Planning Commission and City Council, if needed. g. Conditions to Closing .,a City Conditions: The City shall not be required to proceed to Closing unless the following are satisfied or waived by the City: i. City has approved the Project as generally consistent with what is set forth above; and ii. Developer has obtained conditional site plan approval from the City's Development Services Center for the Project; and iii. The Developer has provided the City with reasonable evidence of Developer's receipt of financing sufficient to complete the Project. Developer Conditions: The Developer shall not be required to proceed to Closing unless the following are satisfied or waived by Developer. i. Developer has determined the City Parcel is suitable for the development of the Project; and 3 6/13/25 ii. The Developer has obtained closure of the alley running East and West from Pacific Ave. to Arctic Ave. h. Outside Closing Date. If the Closing has not occurred within 12 months of the date of the Sales Agreement, either party may (i) elect to proceed with terminate the agreement on 60 days' notice to the other. i. Construction Commencement. After the Closing, Developer shall commence construction of the Project within 12 months. Construction shall be deemed to have commenced when construction activity has begun at the Project pursuant to valid permits. j. Preservation of Library Building. After Closing, Developer shall not begin the removal, substantial alteration, or demolition of the Library Building unless and until it is ready to commence construction of the Project (the "Demolition Condition"). All demolition costs shall be the responsibility of the Developer. Developer will not be required to repair or replace any elements of the Library Building,but will be responsible for preventing waste and for securing the structure to prevent unauthorized access to the Library Building. The parties agree that while the Library Building will not be preserved, the Developer will place a plaque in a visible portion of the Project dedicated to the Library Building and its historic significance in Virginia Beach. k. Interim uses. Prior to Closing, the parties may continue to use their respective properties (the City Parcel and the RPP) as they deem appropriate so long as such use does not cause waste or serve to frustrate the purposes set forth in this Term Sheet. 1. Material change in scope. Should, after Closing, the elements of the Project materially change downward (meaning should any element of the Project be reduced by more than 15%), the City shall have the right to approve the elements and scope of the revised Project prior to commencement of demolition of the Library Building. 4. Next Steps a. Public Briefing of Term Sheet. b. Public Hearing and Public Comment on proposed sale. c. City Council vote on Term Sheet and authorize development and execution of sale documents. 4 6/13/25 EXHIBIT A — ------ - o 8 !I Developer d' o o Parcels rrmff o 1 pB I City Parcel as , a I OI i 1 y O o ! o 0 0 — 0 , — -— — —RPP i a Y'..iu�tF]RY6�YHy::t:tl»�¢9zmE4l'.c�.i;� �ww.� �n,�eesavm�vrorsmaxmfecw,RnOfltMwpWwfKwx<m�x�e>,ee.x e... -...... aFll O!✓7GTOM - - ct-:`�G Nr+vE 5 EXHIBIT B LEGAL DESCRIPTION (302 22ND STREET/GPIN: 2427-18-0657) ALL THAT certain lot, piece or parcel of land, with the buildings and improvement thereon, and the rights, privileges and appurtenances thereto belonging, situate, lying and being in the Borough of Virginia Beach, in the City of Virginia Beach, State of Virginia, and known, numbered and designated as Lot number Four (4), in Block number Fifty (50), on Map No. Two (2), of part of the property of the Virginia Beach Development Company, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Bach,Virginia,in Map Book 1, at page 20,to which plat reference is made for a more particular description. N IPA ! , • s i• OW �--- e � , • Z • . . -► * i . to iF r 00 - ii• � + k.1 �x� ♦ i N r N f 0 �1 N O O 4 CD lea 1, •bs 000�L�Ago 0 09 ado,d o9101a ►N+ 30 71�I7dd t�.bsZL£`��anuando►}►oed d aueuanl Intl 7I�I7y '1 sa A� ddW NOUVOOI Disclosure Statement ,Aty nJ Vngma Hwrh 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 21 st Street Properties, LLC Does the applicant have a representative? ® Yes ❑ NO • If yes,list the name of the representative. Charlie Pincus Is the applicant 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) Tony Schmidt • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§2.2-3101. ' "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 eity of Uryinio Beach Planning & Community Development --- Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes 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. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the 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. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ❑ NO • If yes,identify the firm and individual providing the service. Cox, Kliewer, & Company: Grey Mason 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 1109 2020 2 ( P a g e Disclosure Statement c.sty er ftinia each Planning & Community x Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes ❑ NO • If yes,identify the company and individual providing the service. S.B. Ballard 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? ■ Yes ❑ No • If yes,identify the firm and individual providing the service. Pincus Goodman P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applic n ----_- Tony Schmidt Print Name and Title Tony Schmidt. President/Owner Date 3l9ldoay 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/ updated two(2)weeks prior to any Planning Commission and CitV Council meeting that pertains to the applications No changes as of Date Signature Print Name Revised 11.09.2020 3 1 P a g e 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 Lilly Incorporated of Virginia, Inc.and Lilly,II, LLC Does the applicant have a representative? 0 Yes ❑ NO • If yes,list the name of the representative. Morris H.Fine Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? E Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) See attached. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(1)one business entity has a controlling ownership interest in the other business entity,(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 entitles 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 P a g e Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes E 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. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the 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. 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. S. Is there any other pending or proposed purchaser of the subject property? ❑ Yes No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e 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?i Yes ❑ No • If yes,identify the firm and individual providing the service. Morris H.Fine of Fine,Fine,Legum McCracken, LLP 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 11 or any public body or comm e n 1connection ith this application. Ap Ica ature Michael LaGiglia,Jr. Print Name and Title President and Manager Date 3 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/ updated applicationsthat pertains to the ❑ No changes as of Date Signature Print Name Revised 11.09.2020 3 1 P a g e LILLY INCORPORATED OF VIRGINIA,INC. Officers/Directors Michael A. LaGiglia,Jr. President Mary L. Bryan Secretary/Treasurer Michael A. LaGiglia, III Vice President Stockholders: Michael A. LaGiglia,Jr. Robert E. Upton, III, Trustee Paula L. Upton Estate of Camilla Worrell-Metzger LILLY, II,LLC Michael A. LaGiglia, Jr., Sole Member and Manager PUBLIC HEARING ACQUISITION.BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on July J. 2025 at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia,on the proposed acquisition, by agreement or condemnation, of permanent and temporary easements necessary for the Eastern Shore Drive Drainage Improvements Phase 1, Sections 18-CIP 100167-Lynnhaven Colony Park Pump Station and 1C.2- CIP 100153-Cape Henry Canal Phase II (collectively, the "Project"). The purpose of this hearing will be to obtain public input regarding authorizing condemnation, if necessary,for the Project. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 757.385-4303; Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Department of Public Works/Office Real Estate, Building #23, 2473 North Landing Road,at the Virginia Beach Municipal Center,(757)385-4161. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on July 1, 2025. 2. Download WebEx and view the meeting at: httos://vbgov webex com/webli n k/registe r/re96481bd2Of699 e8793f8ffe3756306d All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-June 22,2025 O 13U CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acquisition of permanent and temporary easements for the Eastern Shore Drive Drainage Improvements Phase 1, Sections 1 B, 1 C.2, 1 D, and 1 E Project (CIPs 100150, 100153, 100167 and 100538), either by agreement or condemnation, reflecting areas changed since previous authority was granted PUBLIC HEARING DATE: July 1, 2025 MEETING DATE: July 8, 2025 ■ Background: On December 3, 2024, Council adopted Ordinance ORD-3789X (the "2024 Ordinance") approving the major design features and authorizing the acquisition of easements by agreement or condemnation for the Eastern Shore Drive Drainage Improvements Phase I, Sections 113 (CIP 100167 - Lynnhaven Colony Park Pump Station),1C.2 (CIP 100153 - Cape Henry Canal Phase II), 1D (CIP 100150 - Lynnhaven Drive Pump Station) and 1 E (CIP 100538 - Elevate Lynnhaven Drive) Project (collectively, the "Project"), for the construction of two new stormwater pumping stations, the widening and deepening of the Cape Henry Canal and raising a portion of West Great Neck Road. Since the 2024 Ordinance was adopted, Public Works has made various design changes to the Project along Cape Henry Drive including: relocation of public and private utilities, and sizes of easements being acquired for the Project. The plats and plans for the Project have been amended to include the revised areas. ■ Considerations: The Project will require revisions to two temporary construction easements for two privately owned parcels previously documented in the 2024 Ordinance, that will be needed for Sections 1 B (CIP 100167 - Lynnhaven Colony Park Pump Station) and 1C.2 (CIP 100153 - Cape Henry Canal Phase ll). No residences or businesses are anticipated to be displaced by the Project. The major design features of the Project, as approved in the 2024 Ordinance, have not changed. ■ Public Information: An advertised public hearing will be held on July 1, 2025, and public notice will be provided via the normal Council agenda process. A previous hearing for the 2024 Ordinance occurred on November 19, 2024. ■ Alternatives: Deny the Ordinance and risk delaying the Project ■ Recommendations: Approval. ■ Attachments: Ordinance ORD-3789X and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering & Public Works Real Estate City Manager: 0) 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF PERMANENT AND 3 TEMPORARY EASEMENTS FOR THE 4 EASTERN SHORE DRIVE DRAINAGE 5 IMPROVEMENTS PHASE 1, SECTIONS 1 B, 6 1 C.2, 1 D, AND 1 E PROJECT (CIPS 100150, 7 100153, 100167 AND 100538), EITHER BY s AGREEMENT OR CONDEMNATION, 9 REFLECTING AREAS CHANGED SINCE 10 PREVIOUS AUTHORITY WAS GRANTED 11 12 WHEREAS,the Eastern Shore Drive Drainage Improvements Phase I, Sections 1 B, 13 1 C.2, 1 D, and 1 E Project, CIPs 100150, 100153, 100167, 100538 (collectively, the 14 "Project") is for the construction of two new stormwater pumping stations,the widening and 15 deepening of the Cape Henry Canal and raising a portion of West Great Neck Road; 16 17 WHEREAS, the Project is designed to improve stormwater management within the is Lynnhaven Colony neighborhood and relieve widespread flooding of roads and properties. 19 The Project will provide protection by stopping overland surface tidal waters and rainwater 20 from flooding the low-lying areas by creating a topographical berm at or above the base 21 flood elevation and pumping stormwater out of upstream Cape Henry Canal before, during, 22 and after moderate to severe rain events; 23 24 WHEREAS, the Project work will mainly be within the existing right-of-way; however, 25 to ensure proper grading and smooth transitions to the adjacent private properties, 26 permanent and temporary easements have been identified along 16 parcels within the 27 Project boundary, which have been determined by the Department of Engineering to be the 28 optimal location for the construction of drainage improvements; 29 30 WHEREAS, on December 3, 2024, Council adopted Ordinance 3789X approving the 31 major design features and authorizing the acquisition of easements by agreement or 32 condemnation for the Eastern Shore Drive Drainage Improvements Phase I, Sections 1 B 33 (CIP 100167 - Lynnhaven Colony Park Pump Station),1C.2 (CIP 100153 - Cape Henry 34 Canal Phase II), 1 D (CIP 100150 - Lynnhaven Drive Pump Station) and 1 E (CIP 100538 - 35 Elevate Lynnhaven Drive) Project (collectively, the "Project"); 36 37 WHEREAS, due to Project design changes since Ordinance 3789X was adopted, it 38 is necessary to amend the City Council's authorization to acquire permanent and temporary 39 easements that will affect Sections 1 B (CIP 100167 - Lynnhaven Colony Park Pump 40 Station) and 1 C.2 (CIP 100153 - Cape Henry Canal Phase II); 41 42 WHEREAS, the major design features of the Project, as previously approved have 43 not changed; and 44 45 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 46 public necessity exists for the construction of this important Project to provide flood 47 protection to the surrounding area, for the purpose of addressing frequent flooding of 48 streets and highways and public and private infrastructure,to improve transportation during 49 rain and flood events, and for the preservation of the safety, health, peace, good order, 5o comfort and convenience and for the welfare of the people in the City of Virginia Beach. 51 52 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 53 VIRGINIA BEACH, VIRGINIA: 54 55 Section 1. That the City Council authorizes the acquisition by purchase or 56 condemnation pursuant to Sections 15.2-1901, et seq.; 15.2-2109 and 15.2-970, and Title 57 25.1 of the Code of Virginia of 1950, as amended, of all those certain permanent and 58 temporary easements (the "Property"), as shown on the Project plans entitled "EASTERN 59 SHORE DRIVE PHASE I, SECTION I CIP No. 100150, 100153, 100167, & 100538 PWCN- 60 25-0002,"and more particularly described on the acquisition plats for the Project (plats and 61 plans collectively referred to as the "Plans"), the Plans being on file in the Stormwater 62 Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 63 64 Section 2. That the City Manager is hereby authorized to make or cause to be made 65 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 66 offer to the owners or persons having an interest in the Property. If refused, the City 67 Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings to 68 condemn said Property. 69 70 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 71 , 2025. CA16725 R-1 5/14/25 \\vbgov.com\dfs1\appli cation s\citylaw\cycom32\wpdocs\d014\p052\01047450.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY �?BIE16 WOROOL-AL ESTATE CITY ATTORNEY --i ORD - 3789Xo I AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF PERMANENT AND 3 TEMPORARY EASEMENTS FOR THE 4 EASTERN SHORE DRIVE DRAINAGE 5 IMPROVEMENTS PHASE 1, SECTIONS 1 B, 6 1 C.2, 1 D, AND 1 E PROJECT (CIPS 100150, 7 100153, 100167 AND 100538), EITHER BY e AGREEMENT OR CONDEMNATION 9 10 WHEREAS,the Eastern Shore Drive Drainage Improvements Phase I, Sections 1 B, 11 1 C.2, 1 D, and 1 E Project, CIPs 100150, 100153, 100167, 100538 (collectively, the 12 "Project') is for the construction of two new stormwater pumping stations,the widening and 13 deepening of the Cape Henry Canal and raising a portion of West Great Neck Road; 14 15 WHEREAS, the Project is designed to improve stormwater management within the 16 Lynnhaven Colony neighborhood and relieve widespread flooding of roads and properties. 17 The Project will provide protection by stopping overland surface tidal waters and rainwater 18 from flooding the low-lying areas by creating a topographical berm at or above the base 19 flood elevation and pumping stormwater out of upstream Cape Henry Canal before, during, 20 and after moderate to severe rain events; 21 22 WHEREAS,the Project work will mainly be within the existing right-of-way; however, 23 to ensure proper grading and smooth transitions to the adjacent private properties, 24 permanent and temporary easements have been identified along 17 parcels within the 25 Project boundary, which have been determined by the Department of Engineering to be the 26 optimal location for the construction of drainage improvements; and 27 26 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 29 public necessity exists for the construction of this important Project to provide flood 30 protection to the surrounding area, for the purpose of addressing frequent flooding of 31 streets and highways and public and private infrastructure,to improve transportation during 32 rain and flood events, and for the preservation of the safety, health, peace, good order, 33 comfort and convenience and for the welfare of the people in the City of Virginia Beach. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 Section 1. That the City Council authorizes the acquisition by purchase or 39 condemnation pursuant to Sections 15.2-1901, et seq.; 15.2-2109 and 15.2-970, and Title 40 25.1 of the Code of Virginia of 1950, as amended, of all those certain permanent and 41 temporary easements (the "Property"), as shown on the Project plans entitled "EASTERN 42 SHORE DRIVE PHASE I, SECTION I CIP No. 100150, 100153, 100167,& 100538 PWCN- 43 25-0002,"and more particularly described on the acquisition plats for the Project (plats and 44 plans collectively referred to as the "Plans"), the Plans being on file in the Stormwater 45 Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 46 Section 2. That the City Manager is hereby authorized to make or cause to be made 47 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 48 offer to the owners or persons having an interest in the Property. If refused, if the property 49 owners are unable to convey clear title, or if the owners cannot be identified or located, the 50 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 51 to condemn to acquire title to the Property. 52 53 Adopted by the Council of the City of Virginia Beach,Virginia, on the 3rO� day of 54 o "Woo 2024. CA16586 R-1 10/31/2024 Nvb9ov.comWfs1lapplicationslcitylawlcycom321wpdocs1d022\p058101000783.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY BL'C WO S/REAL ESTATE CITY ATTORNEY' { w E -Aw a 's l"jI6cfl— m •yc; Z z-rZ�,' .� t j F N��s[►» ,1 � ,•,. 1, v.ou IN ' ��, 5 SECTION 1 C.2-CAPE HENRY CANAL PHASE II �.► N� 7- 11P s r \ v ! ��. `�>�T�! R gym` -i'it` �'-,• �� A VIVO .y.�.•�' -'cy \ ..'' D7JH ,*A �REp � �i► '{ F �2♦ G f � y - �,. ;`,� *� PUMP STATION -SECTION 1B •Z, HENRY' lk F Fy* - " '. PPE dR1 • a PIk 0�9 r •► �� I F[ rt T�.�� ,r+' a �.+ x VV s a "Z- SUMMERHAVEN RD1F. 01& Cy �� ESNRR:'� '�l' E .�� [� 3- � � ; '�-� � � � ' • 1 --. 5 1' x �� A�FF�` ��F RES>•"'' � � o AAA w l IV) � L, 8EE INSERT 1 R W. - SEE INSERTA .,� ' w PUMP STATION SECTION III SE'� E INSERT B .S� ,.. f,. PUMP STATION-SECTION I r •oU 7 t'. '• - INSERT A INSERT B y, ' � � ..• .� �� SCALE:1"-50' SCALE I"=50 'DOLPHIN RD:- BASIN RDA • �`� .�'"' • SECTION IC.2-CAPE HENRY CANAL PHASE II PUMP STATION -SECTION 1 B OUTFALL go" Ah w FOR INSERT C Legend ' 1I ~ �o SuuE:I"-wo' Project Area Phase 1 -Section 1 RIDGE o LOCATION MAP Temporary Construction Easement- r ENQ RO,m � EASTERN SHORE DRAINAGE IMPROVEMENTS Revisions This Ordinance Z SECTION 1 B-CIP 100167-LYNNHAVEN COLONY PARK PUMP STATION Public Drainage Easement-Previously SECTION 1C.2-CIP 100153-CAPE HENRY CANAL PHASE II ® Coordinated Via Ordinance 3789V 0 600 1,200 .N (FEMA BRIC GRANT-EMP-2021-BRIC-051-0010) City Property Feet o (CIP'S 100167 AND 100153) •11, ►n 11 ,k � 's s= .1 v SITE . SECTION 1C.2-CAPE HENRY CANAL PHASE 11 ram +� I► �� +` �v ��Gd STATIONSECnON 1C.2-CAPE HENRY CANAL PHASE 11 PUMP • OUTFALL Legend , - F� Project Area Phase 1 -Section 1 LOCATION MAP 0 Temporary Construction Easement- EASTERN SHORE DRAINAGE IMPROVEMENTS Revisions This Ordinance SECTION 1B-CIP 100167-LYNNHAVEN COLONY PARK PUMP STATION ► • �► Public.. . Ordinance :. 1 . 11 1,200 PropertyCity ' 100167AND100153) v PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, July 1,2025,at 6,00 p.m.in Council Chambers, City Hell - Bldg. #1, Municipal Center, 2401 Courthouse Drive,Virginia Beach,Virginia 23456. The purpose of this hearing will be to obtain public comment on the proposed lease of the following City Park properties to Kempsville Borough Boys Baseball: Approximately 37 sq.ft.of space in the building located at 952 Reon Drive(Part of GPIN 14 5 66 3-8 2 7 9) for storage of paper products and other non-perishable items Ifyou are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385-4303;hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Parks and Recreation, Attn: Jane Jagodzinski, 2154 Landstown Road, Virginia Beach,VA 23456,(757)385- 1100. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on July 1, 2025. 2. Download WebEx and view the meeting at httpsL//YbgGv.webex.com/webit n k/re¢ister/re96481bd20f699 e8793f8ffe3756306d All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-June 22,2026 S s 2, f' i t�4 JJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Authorizing the City Manager to Execute an Amendment to the Lease Between the City of Virginia Beach and Kempsville Borough Boys Baseball, Inc. PUBLIC HEARING: July 1, 2025 MEETING DATE: July 8, 2025 ■ Background: On August 15, 2023, by Ordinance ORD-3749DD, City Council authorized the lease agreement between the City of Virginia Beach (the "City") and Kempsville Borough Boys Baseball, Inc., a Virginia non-stock corporation ("KBBB") for a 6.25-acre portion of City property located at 952 Reon Drive (Part of GPIN 1456-63-8279) (the "Premises") for community youth Little League operations. The City and KBBB entered into a lease dated September 1, 2023 (the "Lease"). The term of the Lease is one year, with 4 additional one-year renewal options. The Lease will terminate no later than August 31, 2028. KBBB has requested that a 37+/- sq. ft. storage area attached to the concessions building, formerly used for vending machines (the "Storage Space"), be added to the Premises. The Storage Space would be used for storage of paper products and other non-perishable items. City staff has no objection to amending the Lease to add the Storage Space to the Premises and continues to support the community's youth Little League operations. ■ Considerations: City staff recommends amending the Lease to add the Storage Space to the Premises. KBBB will accept full responsibility and hold the City harmless for any loss or damage to the contents of the Storage Space. All other terms, conditions and obligations of the Lease shall remain the same. ■ Public Information: As required by Section 15.2-1800, a public hearing will be advertised in The Virginian-Pilot on June 22, 2025, and will be held on July 1, 2025. Public information will also be provided through the normal City Council agenda process. ■ Alternatives: Approve the Ordinance as presented, deny approval of the Ordinance, or modify the Ordinance as desired by Council. ■ Attachments: Ordinance, Pictures of Storage Space, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Dept. of Parks and Recreation =' City Manager: ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE AN AMENDMENT TO THE LEASE 3 BETWEEN THE CITY OF VIRGINIA BEACH AND 4 KEMPSVILLE BOROUGH BOYS BASEBALL, INC 5 6 WHEREAS, on August 15, 2023, by Ordinance ORD-3749DD, City Council 7 authorized the lease agreement between the City of Virginia Beach (the "City") and 8 Kempsville Borough Boys Baseball, Inc., a Virginia non-stock corporation ("KBBB") for 9 a 6.25-acre portion of City property located at 952 Reon Drive (Part of GPIN 1456-63- 10 8279) (the "Premises") for community youth Little League operations; 11 12 WHEREAS, the City and KBBB entered into a lease dated September 1, 2023 13 (the "Lease"), with a term of one year, with 4 additional one-year renewal options, 14 expiring no later than August 31, 2028; 15 16 WHEREAS, KBBB has requested that the Premises be amended to add a 37+/- 17 sq. ft. storage area to the Premises, for the storage of paper products and other non- 18 perishable items; and 19 20 WHEREAS, City staff has no objection to modifying the Premises to add the 21 Storage Space and recommends amending the Lease as set forth herein, with all other 22 terms, conditions and obligations of the parties set forth in the Lease remaining the 23 same. 24 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 28 1. That the City Manager, or his authorized designee, is hereby authorized to 29 execute an amendment to the Lease between the City and KBBB to modify the 30 Premises as described herein, and such other terms, conditions or modifications as may 31 be acceptable to the City Manager and in a form deemed satisfactory by the City 32 Attorney. 33 34 2. Except for the modification described herein, all terms, conditions and 35 obligations of the parties set forth in the Lease shall remain unchanged and in full force 36 a nd effect. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 39 , 2025. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attorney De t. of Parks & Recreation CA16722 ❑vbyov.00m\dfs l\applicationslcftylawlcycom32\wpd=\dDMp052101053337.doc R-1 June 20, 2025 s r w� o- M a w x _ ' T r A r'a + A a e *R� -• 4 ha Ail.tyN zM "`�'�^ �........� n py @ _ Storage Space (Approx. 37 Sq. Ft.) r , I r ,3 r 4 w _J •, a.h—. .y�'"hppN�r �f �„ ..;, �., "+'�,r�"��iw� "" .x<:��.�>Mww..,. M e?"'� � � .� �,.,�'"- A m r x, A , �urri��i�tirrr a a { LOCATION MAP F N a, 4. a , Storage Space (Approx.37 Sq.Ft.) VIP 0 50 100 Kempsville Borough Boys Baseball, Inc. Lease Property Exhibit (6.25 Acres) Legend : Portion of Providence Park �"""�` Lease Property 952 Reon Drive, Virginia Beach, VA Property Lines GPIN: 1456-63-8279 CITY OF Disclosure V�= VIRGINIA Statement "�enp BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application John Shipp (Kempsville PONY Baseball) Is Applicant also the Owner of the subject property? Yeso Noe If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes® Noe 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 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 Noe 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 e cross-collateralization, etc.) Real Estate Broker/Agent/Realtor O Disclosure Statement I rev. May-2024 page 1 of 3 SECTION APPLICANT DISCLOSURE . - . SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation Architect/Designer/Landscape ® O Architect/Land Planner Construction Contractor O Engineer/Surveyor/Agent O 0 Legal Services ® O 1 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. SHI PP.JOHN.RUSS Digitally signed by 1043342 John Shipp ELL.1043342017 Date 20Y5o&1101224L10-04'00017 06/10/2025 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 some offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 ire Lary��e�; i PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, July 1,2025,at 6:00 p.m. in the Council Chamber,City Hall-Bldg.1, at the Virginia Beach Municipal Center.The purpose of this hearing will be to obtain public comment on the proposed leasing of the following City-owned property located at the Virginia Beach Farmers Market: Suite 516,consisting of approx. 1,038 sq.ft.of space,to Princess Anne County Grill. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303;hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works/Real Estate,2473 N.Landing Road,Bldg. 23,Municipal Center at(757)385- 4161,pwrealestate@vbgov.com. Ifyou wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on July 1, 2025. 2. Download WebEx and view the meeting at: httos://vbgoy.webex.com/webli nk/re>rister/re96481bd20f699 e8793f8ffe3756306d All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-June 22,2025 53 . .see �• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease with Princess Anne County Grill for City-Owned Property Known as Suite 516 in the Virginia Beach Farmers Market PUBLIC HEARING DATE: July 1, 2025 MEETING DATE: July 8, 2025 ■ Background: The City of Virginia Beach (the "City") issued a Request for Proposals ("RFP") for the restaurant located in Suite 516 at the Virginia Beach Farmers Market, which consists of approximately 1,038 sq. ft. of space (the "Premises") and received three responses. Princess Anne County Grill ("PA Grill"), one of the respondents to the RFP, previously leased the Premises for over twenty years prior to the location being closed for renovations performed by the City. PA Grill now desires to enter into a new lease agreement with the City. An RFP committee evaluated all the responses to.the RFP and recommends that a new lease be awarded to PA Grill. PA Grill would utilize the Premises for a restaurant, and for no other purpose. ■ Considerations: The initial term of the Lease is for three (3) years, with two (2) additional one-year renewal options, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with 180 days' notice if needed for a public purpose. For more specific terms, see Summary of Terms attached to the Ordinance. ■ Public Information: A public hearing was advertised on June 22, 2025 in The Virginian-Pilot. Public notice provided via the normal City Council agenda process. ■ Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager: /V 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE WITH PRINCESS ANNE COUNTY 3 GRILL FOR CITY-OWNED PROPERTY KNOWN AS 4 SUITE 516 IN THE VIRGINIA BEACH FARMERS MARKET 5 6 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 7 Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, Virginia (the 8 "Farmers Market"); 9 10 WHEREAS, the City issued a Request for Proposals for the restaurant located in 11 Suite 516 at the Farmers Market, which consists of approximately 1,038 sq. ft. of space 12 (the "Premises") and received three submittals; 13 14 WHEREAS, the City's RFP Committee evaluated all three submittals and 15 recommends awarding the lease to Princess Anne County Grill ("PA Grill"), who 16 previously leased the Premises; 17 18 WHEREAS, the Premises will be utilized for the purposes of a restaurant offering 19 freshly prepared meals made onsite using local produce when available, and for no 20 other purpose; and 21 22 WHEREAS, PA Grill has agreed to pay the City rent in the amount of $1,750 per 23 month for the first year of the lease term ($21,000.00 annualized), with a five percent 24 (5%) annual rent escalation beginning August 1, 2026 and each year thereafter. 25 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute a lease for up to 5 years 30 between Princess Anne Grill and the City for the Premises, in accordance with the 31 Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such 32 other terms, conditions or modifications as may be acceptable to the City Manager and 33 in a form deemed satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 36 12025. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attorney *1ior41eal Estate CA16431 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d018\p051\01055377.doc R-1 June 20, 2025 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Princess Anne County Grill PREMISES: Suite 516, consisting of 1,038+/- square feet TERM: August 1, 2025 through July 31, 2028, with two (2) additional one-year renewal options RENT: $1,750.00 per month for *November 1, 2025 through July 31, 2026 ($21,000.00 annualized), with five percent (5%) annual escalation beginning August 1, 2026 and each year thereafter ("Rent will be abated through October 31, 2025 or until such time as the Lessee receives all applicable licenses, permits, and opens for business, whichever first occurs. Abatement is conditional on Lessee's good faith start-up expenditures and a timely opening of the restaurant on or before November 1, 2025.) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for a restaurant, and for no other purpose. • Maintain the Premises in good condition and repair, including its electrical system, so that all is clean, operational, and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors and foundation. • Right to inspect the Premises without notice for emergency, health, building, and/or safety inspections. TERMINATION: • City may immediately terminate upon Lessee's breach of any Lease provision and failure to cure within ten (10) calendar days. • City may immediately terminate upon an emergency or upon Lessee's repeated breach (two or more of the same nature) of any Lease provision. • City has special right to terminate if necessary for a public purpose by giving one hundred eighty (180) calendar days' advanced written notice to the Lessee, upon action by City Council. The Lessee has the right to terminate for any reason by giving ninety (90) calendar days' advanced written notice to the City. City of Virginia Beach Farmers Market 3640 Dam Neck Road LOCATION MAP Virginia Beach,VA 23453 757-385-4388 FAX:368-5249 � r-------'❑ 0 0 ardw / I G.dene r,: / j New Kitdxn I ❑ El a �1 I Gallen I C H E- E- /_Open / 23 2A 26 ��We° 36 37 20119 16117116 1611111311215 11«I9�6�7 415(1 4\ AJPaPong Spa[e �\ 0 7 6 6 1 3 2 1 <{ y Bldg.4 / IlaWlen 9pw u 6 10 11 12 13 11 16 16 17 s 1° ^' ' i/ Rest u ra nt d erg IA IA V / N \ \ N T a � r e r. .e E-1 . speakers y Dam Neck Road Disclosure VIRGINIA V rr BEACH The disclosures contained in this form are necessary to inform public officials who may vote an 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 andlor use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on applicationj (�V �C' is Applicant also the Owner of the subject property? Yes No0 — If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes©NOO If yes, name Representative: is Applicant a corporation,partnership,firm,business,trust oarcoi If yes, list the names of all officers,directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pendhrg purrltaserl YesO NOT' 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 Intest Wv&e sub)ect'fand.+araz proposed development contingent on the subject public actiaact? Yes Raw 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 L _ (Name entity and/or individual) Financing(mortgage, deeds of trust cross-collateralization,etc.) Real Estate Broker/Agent/Realtor Disclosure Statement I rev. May-2024 page 1 of 3 SECTION 1 : APPLICANT DISCLOSURE continued SERVICE YES _ NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation Architect/Designer/Landscape Architect/Land Planner Construction Contractor I _© Engineer/Surveyor/Agent Legal Services K`J I APPLICANT CERTIFICATION READ:l 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. 4 Applicant Name(Print) Applicant Signature Date t '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 some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): _ Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES 1. Ordinance to AUTHORIZE 50'-wide Access and Utilities Easement across a portion of the City's Lake Gaston Pipeline Property located in Greensville County, Virginia to Jarratt Energy Facility, LLC 2. Ordinance to AUTHORIZE temporary encroachments into a City-owned drainage easement and drainage and utility easement, at the rear of 947 Bingham Street re construct and maintain a boat lift, boathouse, fixed dock, variable width and floating dock, variable width stone rip-rap, timber walkway, wood retaining wall, and five (5) piles DISTRICT 6 3. Ordinance to AUTHORIZE temporary encroachments into a City-owned property, at the rear of 4305 Lookout Road re construct and maintain a variable width rip-rap, variable width wood dock, boat ramp and retaining wall, and to maintain an existing variable width bulkhead DISTRICT 9 4. Ordinance to ACCEPT and APPROPRIATE $6,402 from the Commonwealth to the FY2025-26 Office of the Voter Registrar Operating Budget re provide salary adjustments approved by the General Assembly 5. Ordinance to APPROPRIATE $603,546 from the fund balance of the General Fund and $98,252 from the fund balance of the Tourism Investment Program (TIP) Fund to the FY2025-26 Non- Departmental Operating Budget re City's participation in Hampton Roads Transit's Transportation Service Plan 6. Ordinance to APPROPRIATE $610,000 from the Police Federal & State Seized Assets Special Revenue Fund to the FY2025-26 Police Department Operating Budget re police software, equipment, and training 7. Ordinance to DONATE a vehicle to the Currituck County Sheriff's Department (U S) � J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize granting an access and utilities easement across a portion of the City's Lake Gaston Pipeline property located in Greensville County, Virginia to Jarratt Energy Facility, LLC PUBLIC HEARING DATE: June 17, 2025 MEETING DATE: July 1, 2025 ■ Background: The City of Virginia Beach owns and maintains the Lake Gaston Pipeline, which extends from Brunswick County to Isle of Wight County (the "Pipeline"). The Pipeline provides raw water from Lake Gaston to the City of Virginia Beach. The Pipeline runs through a City-owned former railroad right-of-way. The section of the City's right-of-way that will be affected (the "Property") is near Wyatt's Mill Road and is adjacent to property known as GPIN: 7476-20-0124 and "Parcel 11- 55" in Greensville County, Virginia. Jarratt Energy Facility, LLC, a Delaware limited liability company authorized to transact business in the Commonwealth of Virginia, an operating company of Torch Clean Energy ("Jarratt Energy") has requested that the City grant a 50'- wide access and utilities easement (approximately 5,000 sq. ft. / 0.115 acres) across a portion of the Property to install and maintain two (2) 34.51KV overhead electric lines and to install and maintain a 14'-wide gravel access roadway. Jarratt Energy plans to construct a solar energy facility on the north and south sides of the Property, and has requested the easement so that it can have an efficient means of operating its planned solar facility on both sides of the Property. The easement would last for 40 years. ■ Considerations: Granting an easement over the Property to Jarratt Energy would not interfere with or limit the City's use of the Pipeline. Payment for the easement by Jarratt Energy is outlined in the Summary of Terms attached hereto. The payment cost was determined by Tim Copeland, the City Real Estate Agent (and a licensed Appraiser in the Commonwealth of Virginia). ■ Public Information: Advertisement of Public Hearing and public notice via the normal City Council agenda process. ■ Alternatives: Deny the easement, or add conditions as desired by Council. ■ Recommendations: Approval. ■ Attachments: Ordinance, Plat of Proposed Easement, Summary of Terms, and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estat City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE GRANTING AN 4 ACCESS AND UTILITIES EASEMENT ACROSS A 5 PORTION OF THE CITY'S LAKE GASTON PIPELINE 6 PROPERTY LOCATED IN GREENSVILLE COUNTY, 7 VIRGINIA TO JARRATT ENERGY FACILITY, LLC 8 9 WHEREAS, the City of Virginia Beach owns and maintains the Lake Gaston 10 Pipeline,which extends from Brunswick County to Isle of Wight County(the"Pipeline"),and 11 provides raw water from Lake Gaston to the City of Virginia Beach; 12 13 WHEREAS, Jarratt Energy Facility, LLC, an operating company of Torch 14 Clean Energy ("Jarratt Energy"), has requested that the City grant a 40-year, 50'-wide 15 access and utilities easement consisting of approximately 5,000 sq. ft. (0.115 acres) (the 16 "Easement") across a portion of the Pipeline in the location shown on the plat attached 17 hereto as Exhibit A and made a part hereof, for the purpose of installing and maintaining 18 two (2) 35KV overhead electric lines and installing and maintaining a 14'-wide gravel 19 access roadway; 20 21 WHEREAS, Jarratt Energy has requested the Easement so that it can have 22 an efficient means of operating its planned solar facility, which will be located on both the 23 north and south sides of the Pipeline; and 24 25 WHEREAS, Public Utilities has advised that granting the Easement will not 26 interfere with the City's operation of the Pipeline. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 29 CITY OF VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized to execute the necessary 32 documents to grant the Easement as shown on the plat attached hereto as Exhibit A and 33 made a part hereof, so long as the documents granting the Easement are consistent with 34 the Summary of Terms attached hereto as Exhibit B and made a part hereof,and with such 35 other terms, conditions or modifications as may be acceptable to the City Manager and in a 36 form deemed satisfactory by the City Attorney. 37 38 Further, that revenue from the sale of the Easement in the amount of$12,000 39 shall be received and shall be deposited in the Water and Sewer Enterprise Fund, 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 42 day of ___, 2025. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL 1 CA16273 R-1 PREPARED: 3/27/25 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d018\p050\01026537.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P BLI WORKS' REAL ESTATE CITY ATTORNEY APPROVED AS TO CONTENT: PUBLIC UTILITIES, ENGINEERING APPROVED AS TO CONTENT: BUDGET&\MANAGEMENT SERVICES 2 NOTES: 1. THE LAND BOUNDARY SURVEY SHOWN IS `\ BASED ON A CURRENT FIELD SURVEY. j0,r1849 PD 3 / 2. THIS SURVEY WAS PERFORMED WITHOUT E`.3¢ 3BR es 31• I I TITLE REPORT, AND RFLECT ALLA EFff OFAUNDERGROUND UTILMESY NOT 1117O3 7.13 / NEPSECnO EASEMENTS, RIGHT OF WAYS, AND OTHER �8j I� `T1 S80.�23408 N\_ ENCUMBRANCES TO THE PROPERTY. / I ,3' 8_ -f 4709.861 ` 14, g50, >> w l / 4 CL PROPOSED GRAVEL iii I LEGEND: ACCESS ROADWAY W / FD.--FOUND RBR--REBAR I T PROPOSED 50' D.B. -DEED BOOK A, PG.--PAGE y EASEMENT FOR T.M.—TAX MAP NUMBER / ' ACCESS AND UTILITIES 5,000 Sq.ft. OF H7?-18 49 PROPOSED 34.5KV OVERHEAD ELECTRIC � 84968• / ?S. j CROSSING �!?Q 12024 CENTERLINE POINT I� STEO L MMFUD 9 N=3460077.72 Lic. No. 2738 E=11771170.01 & 30 0 30 60 90� GRAPHIC SCALE SURVEYORS CERTIFICATE PLAT SHOWING EASEMENT NOTTOWAY DISTRICT GREENSVILLE COUNTY,VA I HEREBY CERTIFY THAT THIS CURRENT BOUNDARY TO BE ACQUIRED FROM DATE: 512812024 SCALE: 1"=30' SURVEY,TO THE BEST OF MY KNOWLEDGE AND THE CITY OF VIRGINIA BEACH BELIEF,IS CORRECT AND COMPLIES WITH THE FOR THE ARRATT ENERGY FACILITY SHEET 1 OF 1 1.N.:23556EASEMENT MINIMUM PROCEDURES AND STANDARDS J DRAWN BY: JDL CHECK BY: SLC ESTABLISHED BY THE VIRGINIA STATE BOARD OF NOTTOWAY DISTRICT ARCHITECTS,PROFESSIONAL ENGINEERS,LAND GREENSVILLE COUNTY,VIRGINIA SURVEYORS,AND CERTIFIED LANDSCAPE CROSSING THE LANDS OF Crutchfield ARCHITECTS. CITY OF VIRGINIA BEACH D.B.171,PG.463 Im &Associates, Inc. / l , T.M.11-7 SURVEYORS-ENGINEERS-PLANNERS 50 MOUNTAIN RD., P.O.BOX 176 STEVEN L.CRUTCHFIELD,PLS EXHIBIT A HALIFAX,VIRGINIA 24558 VIRGINIA CERTIFICATE NUMBER:2738 (434)-476-7744 www.crutchfleldinc.com EXHIBIT "B" SUMMARY OF TERMS Grantor: City of Virginia Beach ("City") Grantee: Jarratt Energy Facility, LLC, operating company of Torch Clean Energy Easement: 50'-wide access and utilities easement for a term of forty (40) years, consisting of 5,000 sq. ft. +/- crossing the City's right-of-way housing the City's Lake Gaston Raw Water Pipeline and located off Wyatt's Mill Road adjacent to property known as "GPIN: 7476-20- 0124" and "Parcel 11-55" in the records of Greensville County, Virginia, more particularly shown on the plat attached as "Exhibit A" to the Ordinance Consideration: $12,000.00 CONDITIONS OF SALE: • The Easement shall be for the sole purpose of providing a crossing point for access and private utilities between the northern and southern portions of the Grantee's proposed development of a solar energy facility on property adjacent to the easement. • The City shall have the right but not the obligation to repair, temporarily remove, or relocate the Grantee's facilities in the Easement in the event of an emergency, public necessity or public safety, and Grantee shall bear all costs and expenses of such repair or removal. The Grantee shall indemnify, hold harmless and defend the City and its agents and employees from all claims, damages, losses and expenses in case it shall be necessary to file or defend an action arising out of the Grantee's use of the easement. • No construction or maintenance of facilities, other than those specified in the Deed of Easement will be permitted. • Grantee must notify the City within at least 48-hours of construction within the right-of-way to arrange for a City representative to be on-site to oversee the construction. • If any utility conflicts are determined between the Easement and the City's use of the existing water line, work shall not commence until the City's Public Utilities Department approves all construction plan revisions. If Grantee does not begin operating the solar energy facility within 36 months from the date of the Easement, or if Grantee ceases operations, once begun, for a period of 24 months, City may terminate the Easement. 0 If the City requires the Easement to be relocated from the approved location, the Grantee shall pay to relocate the crossing equipment to another suitable easement area to be provided by the City. VBCITY 0; VIRGINIA Disclosure BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia 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 - - DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Jarratt Energy Facility, LLC Is Applicant also the Owner of the subject property? Yes© NoQ If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yeso Noe If yes, name Representative: Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? YesQNoo if yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary' or affiliated business entity I relationship with the applicant. (Attach list if necessary.) Jonathan Kilberg,Travis Haggard, and Scott Leach are the officers of the Applicant as well as with any entity with a parent-subsidiary or affiliated business relationship with the applicant. Does the subject property have a proposed or pending purchaser? Yes U No QD 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 o proposed development contingent on the subject public action? Yes Noe If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing(mortgage, deeds of trust, cross-collateralization,etc.) Q to be determined -solar project will obtain financing Real Estate Broker/Agent/Realtor Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION DISCLOSURE • - • SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation © 0 Architect/Designer/Landscape © O Architect/Land Planner Construction Contractor O © to be determined-solar project will select construction contractor Engineer/Surveyor/Agent IF 0 Timmons Engineering,Tetra Tech, Crutchfield Legal Services 0 0 project will obtain legal opinions to support financing APPLICANT CERTIFICATION READ:i certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Travis Haggard . j 1 u, << ` 02/13/2025 Applicant Name (Print) — Applicant Signatur �, 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 some offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 SECTION 2: PROPERTY PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Is the Owner a corporation, partnership,firm,business,trust,or unincorporated business? YesoNo( 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? Yeso No0 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 Q 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, © Q cross-collateralization, etc.) Real Estate Broker/Agent/Realtor Q e Accounting/Tax Return Preparation 0 Architect/Designer/Landscape © O Architect/Land Planner Construction Contractor 0 e Engineer/Surveyor/Agent © 0 Legal Services O PROPERTY OWNER CERTIFICATION READ:i certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 -71ar "� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a 40' City-owned drainage easement and into a 5' City-owned drainage and utility easement, located at the rear of 947 Bingham Street. MEETING DATE: July 1, 2025 ■ Background: G. Brock Potter Jr., Trustee Of The G. Brock Potter Jr., Revocable Trust, Dated July 6, 2005, and any amendments thereto (the "Applicant"), requests permission to construct and maintain a boat lift, a boathouse, a fixed dock, two (2) floating docks, stone rip-rap, a timber walkway, a wood retaining wall, and piles (collectively, the "Temporary Encroachment") into a City-owned drainage easement and into a City-owned drainage and utility easement, located at the rear of 947 Bingham Street (GPIN: 2408-92-7960). ■ 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 property and 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, Exhibit, Agreement, Pictures, Location Map, and Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager:�w 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A 40' CITY-OWNED DRAINAGE 6 EASEMENT AND INTO A 5' CITY- 7 OWNED DRAINAGE AND UTILITY 8 EASEMENT, LOCATED AT THE REAR 9 OF 947 BINGHAM STREET. 10 11 WHEREAS, G. Brock Potter Jr., Trustee Of The G. Brock Potter Jr., 12 Revocable Trust, Dated July 6, 2005, and any amendments thereto (the "Applicant"), 13 requests permission to construct and maintain a 16' x 16' boat lift, a 20'x 42.87' boathouse, 14 a 2.33' x 36.83' fixed dock, a variable width and a 5' x 9.75' floating dock, variable width 15 stone rip-rap, a 4.63' x 0.67' and a 5.92' x 0.67' timber walkway, a 18.39' x 1.74' wood 16 retaining wall, and 5 piles (collectively, the "Temporary Encroachment") into a 40' City- 17 owned drainage easement and into a 5' City-owned drainage and utility easement, located 18 at the rear of 947 Bingham Street; and 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 21 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 22 the City's easements subject to such terms and conditions as Council may prescribe. 23 24 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 28 2009 and 15.2-2107, Code of Virginia, 1950, as amended, G. Brock Potter Jr., Trustee of 29 The G. Brock Potter Jr., Revocable Trust, Dated July 6, 2005 and any amendments thereto, 30 his heirs, assigns and successors in title are authorized to construct and maintain the 31 Temporary encroachment within the City-owned easements as shown on the map entitled: 32 "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, 33 BOATHOUSE, FLOATING DOCK, FIXED DOCK, RIP-RAP, TIMBER & BULKHEAD 34 RETURN FOR G. BROCK POTTER, JR., TRUSTEE OF THE G. BROCK POTTER, JR. 35 REVOCABLE TRUST LOCATED ON LOT 6, CANNON SHORES M.B. 70, PG. 52 GPIN: 36 2408-92-7960 CITY OF VIRGINIA BEACH, VIRGINIA", Scale: 1" = 50', dated October 28, 37 2024, prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as 38 Exhibit A and on file in the Department of Public Works and to which reference is made for 39 a more particular description; 40 41 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 42 subject to those terms, conditions and criteria contained in the agreement between the City 43 of Virginia Beach and G. Brock Potter Jr., Trustee of The G. Brock Potter Jr., Revocable 44 Trust, Dated July 6, 2005 and any amendments thereto(the"Agreement"), an unexecuted 1 45 copy of which has been presented to the Council in its agenda, and will be recorded among 46 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 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 G. Brock Potter Jr., Trustee of The G. Brock Potter Jr., Revocable Trust and 52 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. CA16591 R-1 Prepared: 5/8/25 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: O B IC WORKS, REAL ESTATE . HARMEYER DEPUTY CITY ATTORNEY 2 40' DRAINAG �'$tALT8 OF M.B. 70, P .EASEMENT2 L1 PROPOSED r 0 BOAT LIFT PROPOSED • BOATHOUSE �� v DAB UTLER PROPOSED 2 `l c.No.38395 �— FIXED DOCK PROPOSED O r� RETAINING WALL ° O�� SSIONAL E�G� o. W PROPOSED FLOATING DOCK ° PROPOSED M d RIP-RAP r- Lo o CL3 1 1 oO o p. PROPOSED W TIMBER � I o N LOT 6 M wa I.N. 20060324000445010 N o Q4 N `j a #947 ^ `n W 5 C c� Sm o w IV z o '� o W o F3 � � m SEE SHEET 7 FOR LINE by TABLE&ADJACENT OWNER DATA. 1580't TO DENDRO N DR. \�1 l S81'13'00"W 150.00' BINGHAM STREET (50' RNV) M.B. 70, PG. 52 0 50 100 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Overall Sheet: 1 of 7 DOCK, RIP-RAP, TIMBER& BULKHEAD RETURN Scale: 1"=50' Date: Oct. 28, 2024 FOR G. BROCK POTTER, JR., TRUSTEE OF THE GALLUP G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS& ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH,VIRGINIA W:\P tte G.9r k Porter-%7 Bingl Str %Dr~ngs\91-101 ErKrwchmenl.dvg,5/19R025 la:59 PM.1.1 N86'00'00"E Gr 56.84' O O DAR- UTLER `I c.No. 38395 - w4 5' UTILITIES & DRAINAG O 4 29 M.B. 70, PG. 52 �'� �Q� 2 1 EASEMENT �\ o- SS lyCs I�NAL E 30.02' 42.87' 18.68' N 12.43' 3.57' 7.16' 2� 16.00' S o PROP ^8.19 �O�� N BOATHOUSE o M a 2 SE � � W PROPOSED 7 BOAT LIFT 0 N 40.90' 41.5-�- 40' DRAINAG EASEMENT ��- M.B. 70, PG. 52 5.55' s_ LOT 6 a I.N. 20060324000445010 #947 \ cp, N ,0 \ �' �::;A m \ 0 10 20 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Boathouse & Boat Lift Sheet: 2 of 7 DOCK, RIP-RAP, TIMBER & BULKHEAD RETURN Scale: 1"=10' Date: Oct. 28, 2024 FOR G. BROCK POTTER, JR., TRUSTEE OF THE GALLUP G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS& ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W\Potter,G,Br k Potter 941 Bingham Street\Drawings\91-101 E,c ,hmen g,5/19/2025 32359 PM,1:1 40' i Me oo �Nq� pc S�FMFNt IV O� C4 N Jssis' W kN OSFO F�X83 U LLJ F \ < DOc� z m z m p m to � w En `1 W z W � � 1 ozLO 0 Qom. a 0.27'--- 5.00' ^O' PROPOSED LOT 6 Y � FLOATING I.N. 20060324000445010 w p DOCK #947 Cn a Z 0.54' li OF Q 5.00' LT 4 00 a O � �OB. co v DA ��UTLER � � o `I c.No. 38395 0 00 � g 1 °' SjONAL E� N 0 10 20 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Floating & Fixed Dock I Sheet: 3 of 7 DOCK, RIP-RAP, TIMBER& BULKHEAD RETURN Scale: 1"=10' Date: Oct. 28, 2024 FOR GALLUP G. BROCK POTTER, JR., TRUSTEE OF THE . BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA WAP,—,G_B.k Potler 947 Bingham Street\Drawings\91-101 E......h,,,LAvg,5/19/2025 3:23:59 PR 1:1 40' DRAINAG EASEMENT M.B. 70, PG. 52 3.42' 1.63' 23.10, N � kn r. 19.67' cV _. 1.65' N_ O?) 3.36' 19.6 �0 v w LOT 6 LN. 20060324000445010 \ A0�, Q #947 Fp Z � rl CD C-6 A o ap 1.74' J p _ � Z L, �, o� � Fo tNLTH OF -9A Gr Off. U DAB UTLER q Y ``I c.No. 38395 St NAL E� 0 8 16 I EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Rip-Rap Sheet: 4 of 7 DOCK, RIP-RAP, TIMBER & BULKHEAD RETURN Scale: 1"=8' Date: Oct. 28, 2024 FOR G. BROCK POTTER, JR., TRUSTEE OF THE GALLUP G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W\Potter,G.Brock Potter-M7 Bingham Street\Drawings\91-101 E.<,.,chment"g,5/19/2025 324U0 PM,I LINKHORN BAY FLOOD 10. EBB UTILITIES PG 52 kP C) 3 0. C-4 cq N7 A 38'00 \5.13' CP to ' 06 .7 3v 10 82� RAP 0 NA, )P$t _j r 0 LOT 6 I.N. 20060324000445010 #947 O 0 00 DA UTLER 0 N c.No. 38395 10- ONAL 0 10 20 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Rip-Rap Sheet: 5 of 7 DOCK, RIP-RAP, TIMBER& BULKHEAD RETURN Scale: 1"=10' TDate: Oct. 28, 2024 FOR G. BROCK POTTER, JR., TRUSTEE OF THE GALLUP G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS& ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W\P—,G.8 ak PlftW Bingham StADqA91-101 Emh,entd q,5/1912025 3:2400 PM.1 1 �EpLTN of F_ U' Q Z Z U w P f1 w r = w~ U DA - UTLER CO Qa Q w a a o o `I c.No. 38395 � 1.63' LINKHORN BAY N FLOOD 1 ONAL EBB Q 50•00 � N71.38'00„E Z N � W °° a N 1 cq O o O o m M 0 0 M w N a Z 00 a w o L o f a z Z a `4 '�h°� O uN-3 "' 1.74' w ¢�6' h�ti �j W s ¢6j,'ORp o / o ?o L� iMe FR w LOT 6 LOT 6 0 I.N. 20060324000445010 I.N. 20060324000445010 #947 #947 00 0 10 20 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Timber& Retaining Wall I Sheet: 6 of 7 DOCK, RIP-RAP, TIMBER & BULKHEAD RETURN Scale: 1"=10' Date: Oct. 28, 2024 FOR G. BROCK POTTER, JR., TRUSTEE OF THE GALLUP G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W1Potter,G.Br k Potter-947 Bingham Street\Drawings\91-101 En<roachmentdwg,5/19/2025 3:24.M PR 1:1 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. ALTy 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. �� CFG 3. THIS PLAN IS BASED UPON A TOPOGRAPHICAL SURVEY PREPARED BY: O� r KBJW, INC. DATED: 7-19-23 p 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF U DA WRt UTLER RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. . `Ic.No. 38395 LINE TABLE SIDNAL E� LINE BEARING DISTANCE L1 N86'00'00"E 56.84' L2 S29'38'00"E 123.82' L3 N71'38'00"E 50.00' ADJACENT OWNERS KEY OWNER INSTRUMENT LEGAL INSTRUMENT GPIN DENNIS N. & BARBARA I.N. 202103063747 LOT 5, CANNON M.B. 70, 2408-92-6819 A. STEFANAKIS SHORES PG. 52 CHER E. WYNKOOP & LOT 4 QUAIL POINT, M.B. 74, JEFFREY W. FORDING SECTION TWO PG. 18 I.N. 20100104000001320 2408-93-3164I 3 SYLVIA M GRAY INTER I.N. 20171214001066770 LOT 3, QUAIL POINT, M.B. 74, 2408-93-5203 VIVOS TRUST SECTION TWO PG. 18 4� T. DAMALAS FAMILY, LLC I.N. 202100004682 LOT 7, CANNON M.B. 70, 2408-92-9922 SHORES PG. 52 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED in &Tables Sheet: 7 of 7 DOCK, RIP-RAP, TIMBER 8 BULKHEAD RETURN SDate: Oct. 28, 2024 FOR G. BROCK POTTER, JR., TRUSTEE OF THE ALLUP G. BROCK POTTER, JR. REVOCABLE TRUST RS & ENGINEERS LOCATED ON T COLONIAL ROAD LOT 6, CANNON SHORES EACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 32(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W3Potter,G.Brock Potter-W B,.gh.St,a\D,..g,\91-101 En .dmen q,5/19/W25 3:24M PM,1:1 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of M� 2025, by and between the CITY OF VIRGINIA BEACH VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and G. BROCK POTTER JR., TRUSTEE OF THE G. BROCK POTTER JR., REVOCABLE TRUST DATED JULY 6 2005 AND ANY AMENDMENTS THERETO, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "6" as shown on that certain plat entitled: "CANNON SHORES SUBDIVISION OF PROPERTY OF MRS. J.R. CANNON LYNNHAVEN BOROUGH VIRGINIA BEACH, VA," Scale: 1"= 100', dated May 25, 1966, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 70, at pages 50 and 52A respectively, and being further designated, known, and described as 947 Bingham Street, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 16' x 16' boat lift, a 20' x 42.87' boathouse, a 2.33' x 36.83' fixed dock, a variable width and a 5' x 9.75' floating dock, a variable width stone rip-rap, a 4.63' x 0.67' and a 5.92' x 0.67' timber walkway, a 18.39' x 1.74' wood retaining wall, and 5 piles, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 40' DRAINAGE EASEMENT (NO GPIN ASSIGNED) 5' UTILITIES & DRAINAGE EASEMENT (NO GPIN ASSIGNED) 2408-92-7960 (947 BINGHAM STREET) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a 40' City-owned drainage easement and into a 5' City-owned utility and drainage easement, collectively, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED DOCK, RIP- RAP, TIMBER & BULKHEAD RETURN FOR G. BROCK POTTER, JR., TRUSTEE OF THE G. BROCK POTTER, JR. REVOCABLE TRUST LOCATED ON LOT 6, CANNON SHORES M.B. 70, PG. 52 GPIN: 2408-92-7960 CITY OF VIRGINIA BEACH, VIRGINIA", Scale: 1" = 50', dated October 28, 2024, prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by 4 this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, G. Brock Potter Jr., Trustee, of the G. Brock Potter Jr., Revocable Trust, dated July 6, 2005, and any amendments thereto, 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 INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2025, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (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 G. BROCK POTTER JR., TRUSTEE OF THE G. BROCK POTTER JR., REVOCABLE TRUST, DATED JULY 6, 2005, AND ANY AMENDMENTS THERETO By: 9 t,,,, ,,,,4, d. rock Potter Jr., Tru tee STATE OF / CITY/COUNTY O l to-wit: The foregoing instrument was acknowledged before me this day of 2025, by G. Brock Potter Jr., Trustee, of the G. Brock Potter Jr., Revocable Trust, dated July 6, 2005, and any amendments thereto. p,nn Sib • Qa, a -, NOTARY • IIC 93846 Q O : Notary Public o MYCOMMISSION:2 '. EXPIRES Oct.31,2027 •' O My Notary Registration Numb r: I- �ti` My Commission Expires: / �''��FALTH ''�44IIIIIIIIIIIII,,,, APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 0 P B IC-WORKS — REAL ESTATE EYER DEPUTY CITY ATTORNEY 7 40' DRAINAG \ / �tXLT J O� EASEMENT M.B. 70, PG. 52 2 3 L1 PROPOSED O� G BOAT LIFT �r PROPOSED O 2 BOATHOUSE r� v DA - UTLER PROPOSED 2 `I c.No.38395 -� FIXED DOCK tk_ PROPOSED RETAINING WALL sSIONAL PROPOSED �l FLOATING DOCK ° PROPOSED M RIP-RAP P 0 L, .0. 0 PROPOSED W TIMBER � I o o N LOT 6 ►'i W a N a 0 I.N. 20060324000445010 W #947 t` m a� S m 5o I o a z w � IV o E o SEE SHEET 7 FOR LINEbo TABLE &ADJACENT I 0 OWNER DATA. 1580'i TO DENDRON DR. S8113'00"W 150.00' BINGHAM STREET (50' R/W) M.B. 70, PG. 52 0 50 100 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Overall Sheet: 1 of 7 DOCK, RIP-RAP, TIMBER & BULKHEAD RETURN Scale: 1"=50' Date: Oct. 28, 2024 FOR GALLUP G. BROCK POTTER, JR., TRUSTEE OF THE G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS &ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH,VIRGINIA WAP-.,G.B—i Po -947 Si qg .SveelWlawings191-101 EKiwchmo d g,5/19/2025 3:23:59 PM,1:1 ��p.LTH N86'00'00" pF E 56.84' �O L O� v DA % UTLER �'I c.No.383952�- UTILITIES & ORAINAG EASEMENT p� M.B. 70, PG. 52 `' �o �`rsIpNAL E��1 30.02, 42.87, 18.68' S '�12.43' 5•69' 7.16'� 2 3.57' � 16.00' y g PROPOSED , 8.19 00 �O N BOATHOUSE c PROPOSED BOAT LIFT 0 N ..j 40.90' 42.87' \1.97' ') 40' DRAINAG 41.5- M.B. 70, EASEMENT �W. PG. 52 5.55' SA LOT 6 ^\ s N I.N. 20060324000445010 aW o #947 cp N a �, 0 o C, n m \ 0 10 20 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Boathouse& Boat Lift Sheet: 2 of 7 DOCK, RIP-RAP,TIMBER & BULKHEAD RETURN Scale: 1"=10' Date: Oct. 28, 2024 FOR GALLUP G. BROCK POTTER, JR., TRUSTEE OF THE G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W\F-1 G.0r k Pone.-931 Bngh-n Sneel\Or—.p\91-101 Encrwch- "q.5/19WS 32339 PM.1:1 p� S�FMf cv f cq� N '0Rp\36ss• � Os�O 36e3. w a } ��,�• I n m F�\ Q Z o OC I Z m p m /f z p m o O J W o V, Y 4, Z w CL ` O ag � � a Q 0.27'-,° 5.00' ^O' In PROPOSED LOT 6 Y � FLOATING I.N. 20060324000445010 #947 w pp DOCK a Z 0.54' v,p,LTI1 Oi d O 5.00' :r Lf JU. I, ^ V DAI 1t- UTLER ``' ` c.No. 38395 00 9 ��SSf ONA L E U) 0 10 20 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Floating & Fixed Dock Sheet: 3 of 7 DOCK, RIP-RAP,TIMBER & BULKHEAD RETURN Scale: 1"=10' Date: Oct. 28,2024 FOR GALLOP G. BROCK POTTER, JR., TRUSTEE OF THE G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA WiPonn,G Broh Votln-907 BYghem SoeelWrrirgsWl-101 fnrwrhmentdrg,5/19R01934359 iM,1:1 i 40' DRAINAG EASEMENT 70, PG. 52 3.42' 1.63' 23.1 p• 1.65' N_ 3.3 19.617 ' rJ 2 2' Lri 'r - W LOT 6 .o LN.20060324000445010 o 1V a Ln O , THOFL (D7Aj*i UTLER ". 38395r ,ONAL E�� 0 8 16 EXHIBIT A I I ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Rip-Rap Sheet: 4 of 7 DOCK, RIP-RAP,TIMBER& BULKHEAD RETURN Scale: 1"=8' Date: Oct. 28, 2024 FOR G. BROCK POTTER, JR., TRUSTEE OF THE GALLUP G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS 83 ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\P'rt ,G.9r«k Poner-9419in9—Street\Drawin9s\91-101 EncroatMnentdw9,5/19/2025 3:UW PM,1:1 LINKHORN BAY 1 FLOOD U� EBB o, & D?AttkG �,SEMEM ) 5' UT►LC<IES 52 � ��„E 50.00 Q� �+ Cq 71'3 N 17 � a\ C) pfatOp 5 p , o LOT 6 n I.N. 20060324000445010 N x �v,NLTg OFL ##947 ' w O� 1 Clq o ® w 7t DA , UTLER ]v a o `I` c.No. 38395 " 2� 'A o��ss 10'29 � A I 0 10 20 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Rip-Rap Sheet: 5 of 7 DOCK, RIP-RAP, TIMBER & BULKHEAD RETURN SCale: 1"=10' Date: Oct. 28, 2024 FOR _ r. G. BROCK POTTER, JR., TRUSTEE OF THE GALLUP O. BROCK POTTER, JR. REVOCABLE TRUST ] SURVEYORS & ENGINEERS- LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\p—,G.Be k Pm-947 B-,y 'Su"A0 win91191.101 knc lhm td q 51191202E 324.W DM 1.1 '$tpLTij op I r o� Gr z 0 W ✓Z N i LO W W_J v0 - UTLER ` c.No.38395 3a 1.63' qDA� m LINKHORN BAY g FLOOD ui N I ONAL E EBB � 5().00' 3 14 71 38'00' C7 I Z N Z LO uile Go Ix N a 0 LO o 0 0 O !� N 3 O O m ^ (j 0 0 a r IC N I ui N 0 o o z IL I Cl N N1.74' 6 wui Cw :C, Eo F �' N �C6 o w LOT 6 LOT 6 0 I.N. 20060324000445010 I.N. 20060324000445010 #947 #947 OD 0 EXHIBIT A 0 10 21 ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Timber 8f Retaining Wall I Sheet: 6 of 7 DOCK, RIP-RAP, TIMBER & BULKHEAD RETURN Scale: 1"=10' Date: Oct. 28, 2024 FOR G. BROCK POTTER, JR., TRUSTEE OF THE GALLUP G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS 8B ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W\PONer.G.Bwk Po -9/1 M qg S1'a\Dr qK\91-101 fncroklmeMdwg.S/19/W25 3:24M PM.1:1 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. pLT1] 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 4 OFG 3. THIS PLAN IS BASED UPON A TOPOGRAPHICAL SURVEY PREPARED BY: O� KBJW, INC. DATED: 7-19-23 O 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF U DAB UTLER Y RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. c.No. 383952� � w LINE TABLE SJONAL E� LINE BEARING DISTANCE L1 N86'00'00"E 56.84' L2 S29'38'00"E 123.82' L3 N71'38'00"E 50.00' ADJACENT OWNERS KEY OWNER INSTRUMENT LEGAL INSTRUMENT GPIN DENNIS N. & BARBARA IN. 202103063747 LOT 5, CANNON M.B. 70, 2408-92-6819 A. ST . _EFANAKIS _SHORES PG. 52 20 CHER E. WYNKOOP & LOT 4, QUAIL POINT, M.B. 74, 2408-93-3164 I.N. 20100104000001320 JEFFREY W. FORDING _ SECTION TWO _ PG. 18 SYLVIA M GRAY INTER I N. 20171214001066770 LOT 3, QUAIL POINT, M.B. 74, 2408-93-5203 _ VIVOS TRUST- __ _ _SECTION TWO PG. 18 4� T. DAMALAS FAMILY, LLC I.N. 202100004682 LOT 7, CANNON M.B. 70, 2408-92-9922 - ---- - — ------------ --SHORES PG. 52 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Notes &Tables Sheet: 7 of 7 DOCK, RIP-RAP,TIMBER & BULKHEAD RETURN Scale: NA Date: Oct. 28, 2024 FOR G. BROCK POTTER, JR., TRUSTEE OF THE GALLUP G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH,VIRGINIA W.1Penw,6.&oh Potter-947 Bingham Sbeet\Drwvinga\91-101 6iuoechme &t q,57t9/2025 3I4w PM,1:1 N W E y. S r s � r � ^ 1 � f � t �+ W r W 1 LOCATION MAP ENCROACHMENT t REQUEST FOR • G. BROCK POTTER JR., RT legend 947 BINGHAM STREET Q 2408-92-7960 GPIN : 2408-92-7960 40' Drainage Easement Feet City Properties 0 50 100 200 OrennreA h.. 111 D UI Ir—IF:— C,i —Cunr—F„rn e„111VAMMA Al t '�, "��..■1r �.t _�- • • LOCATION MAP ENCROACHMENT REQUEST • • i low TIP lo 41 t _ r � a ° U 1� T �s � � y 4� 4 pp ��! - A yF/ �� ,y� tf ' 1 ~ ♦A ,`,`--i� r�� - �a r, y ..�- ;. _ .' � .� - . •�� f � _ � �� !+Y ,' 'a .� _ m ,_ _ .,` - f' �— AID. _ �� w.� __�;, M, -y s` (� �' M �... � p1� �m w . ..� '.�. � � ze� � 4k,. to < t ♦ A� rFN� . �w'+ .. I i M .. :. i 1 CITY OF VIRGINIA Disclosure VB BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION • • DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application G. Brock Potter Jr Revocable Trust Is Applicant also the Owner of the subject property? Yesq) Noo If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yeso Noq) If yes, name Representative: Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? YeseNoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) G. Brock Potter Jr, a/k/a Gordon Brock Potter Jr,Trustee 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 Noe If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage, deeds of trust, cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 e Disclosure Statement I rev. May-2024 m page 1 of 3 SECTION • • •SURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation e 0 Jones CPA Architect/Designer/Landscape Architect/Land Planner Construction Contractor 0 E) Engineer/Surveyor/Agent e 0 David Butler-Gallup Surveyors&Engineers Legal Services e 0 Christine Piersoll-Willaims,Mullen APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Gordon Brock Potter Jr 4 �* I( ,3 Z+ 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 same person or substantially the some person own or manage the two entities, there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 SECTION 2: PROPERTY PROPERTY OWNER INFORMATION Property Owner Name: as listed on application G. Brock Potter Jr Revocable Trust Is the Owner a corporation, partnership,firm, business,trust, or unincorporated business? Yes®i Noo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) G. Brock Potter Jr, a/k/a Gordon Brock Potter Jr, Trustee Does the subject property have a proposed or pending purchaser? Yeso No@ If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes o No@ 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, cross-collateralization, etc.) 0 Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation 0 Jones CPA Architect/Designer/Landscape Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent 0 David Butler-Gallup Surveyors&Engineers Legal Services (F) 0 Christine Piersoll-Willaims, Mullen PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Gordon Brock Potter Jr Property Owner Name (Print) Property Owner Signa re Date Disclosure Statement l rev. May-2024 page 3 of 3 Disclosure Statement CSdy of VitgiHiu Ilmd, 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 , f Does the applicant have a representative? 0 Yes ❑ No If yes,list the name of the representative. is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? V1 Yes ❑ No a If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Pt vck Lo-Kcv, STY. �cyocaWe 'fivust — a. h-t-,cl< �o*r1K.1t2.,`Tru-Ae)2_ o If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 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. 11Page lac a St Mnia .'QTTJtltlIEY 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 0 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-col lateral ization,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? ICA ❑ Yes N No o If yes,identify the financial Institutions. 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 real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No 0 If yes,identify the firm or individual providing the service. ,OV,1e/ G 111 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 ;4 No 0 If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑ Yes No p If yes,identify the purchaser and purchaser's service providers. 2 1 P a g e Disclosure Statement city of t qlb is Bweh Plannhig &Community e� D velapment ON 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 X NO ® if yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No o If yes,identify the engineer/surveyor/agent. b"tee �u let' t a� UC�y of S lei ne w 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?,WYes ❑ No C If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. I A cant WSIgnaturle G, '3R--;;d/1 PO4es-,J�Z' .-- i"`� -lee,_ Print Name and Title 3 j51aLl 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. MIMI • .. • ��"'ihat 66rtains to tile applications ® No changes as of Date Signature Print Name 3 Page c Nu�c7 u S� IJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into City-owned property known as Lake Joyce, located at the rear of 4305 Lookout Road. MEETING DATE: June 17, 2025 ■ Background: Thomas J. Needham and Eleta Needham (collectively the "Applicant"), requests permission to construct and maintain rip rap, a wood dock, a boat ramp and a retaining wall, and to maintain an existing bulkhead (collectively, the "Temporary Encroachment") into City-owned property known as Lake Joyce (GPIN: 1570-80- 2438), located at the rear of 4305 Lookout Road (GPIN: 1570-90-2587). ■ 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 Lake Joyce, which is where the Applicant requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachments or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreement, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 60 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 CITY-OWNED PROPERTY KNOWN AS 6 LAKE JOYCE, LOCATED AT THE REAR 7 OF 4305 LOOKOUT ROAD. 8 9 WHEREAS, Thomas J. Needham and Eleta Needham (collectively the"Applicant"), 10 request permission to construct and maintain a variable width rip rap, a variable width wood 11 dock, a 10' x 16.65' boat ramp and a 6.39' retaining wall, and to maintain an existing 12 variable width bulkhead (collectively, the "Temporary Encroachment") into City-owned 13 property known as Lake Joyce (GPIN: 1570-80-2438), located at the rear of 4305 Lookout 14 Road (GPIN: 141570-90-2587); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City-owned property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 25 assigns and successors in title are authorized to construct and maintain the Temporary 26 Encroachments within the City-owned property as shown on the map entitled: "EXHIBIT A 27 ENCROACHMENT EXHIBIT SHOWING PROPOSED RETAINING WALL, RIP RAP, 28 DOCK, BOAT RAMP & EX. BULKHEAD FOR THOMAS J. NEEDHAM & ELETA 29 NEEDHAM I.N. 200402050021996 LOCATED ON LOT 13, BAYLAKE BEACH M.B. 41, 30 PG. 31 GPIN: 1570-90-2587" Scale: 1" = 40', dated January 23, 2025 and revised through 31 April 2, 2025, prepared by Gallup Surveyors & Engineers, a copy of which is attached 32 hereto as Exhibit "A" and on file in the Department of Public Works and to which reference 33 is made for a more particular description; 34 35 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 36 expressly subject to those terms, conditions and criteria contained in the agreement 37 between the City of Virginia Beach, and Thomas J. Needham and Eleta Needham (the 38 ''Agreement"), an unexecuted copy of which has been presented to the Council in its 39 agenda and will be recorded among the records of the Clerk's Office of the Circuit Court of 40 the City of Virginia Beach. 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as Thomas J. Needham and Eleta Needham and the City Manager or his 47 authorized designee execute the Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: c � C P BL C WO KS / REAL ESTATE DANA R. HARMEYER DEPUTY CITY ATTORNEY CA16718 R-2 Prepared SHEETINDEX Col OVERALL NOW OR FORMERLY .1`1V XLTN OP CO2 RETAINING WALL CITY OF VIRGINIA BEACH 0� `f CO3 RIP-RAP D.B. 1018, PG. 154 C04 BULKHEAD GPIN: 1570-80-2438 C05 DOCK & BOAT RAMP LAKE JOYCE DAB UTLER C06 NOTES,TABLES&OWNERS c.No. 38395 PROPOSED 5 � PROPOSED BULKHEAD WOOD DOCK �p� PROPOSED PROPOSED IP-RAP OHW ALONG ON�AL RETURN WALL I EX. BULKHEAD PROPOSED PROPERTY LINE I (2) 12- MIMOSA FLEXAMAT EXTENDED N44'52'50"W 100.00' BOAT RAMP �1 TREE PROTECTION �1 PROPERTY LINE Q\QF' TYPICAL Q\QF, EXTENDED LOT 13 N DECK N 1 rn C LOT 12 PATIO M.B. 41, PG. 31 BRICK TOOUSE LOT 14 w M.B. 41, PG. 31 O L 0 0 0 in in cn z 369.04' TO LOOKOUT CT. S44'52'50"E 100.00' LOOKOUT ROAD (50' R/W) M.B. 41, PG. 31 0 40 80 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Overall Sheet: 1 of 6 PROPOSED RETAINING WALL, RIP RAP, DOCK, BOAT RAMP & EX. BULKHEAD Scale: 1"=40' Date: Jan. 23, 25 Revised: Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS & ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA WANeedham,Thomas&Eleta4305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:05:33 PM I ��tiALTH AFL O 1 u DA - UTLER a 1.34 f `I` c.No.38395 � ON PROPOSED 8"WOOD O PILE PROPERTY LDINE I .i�sslO o1L b� M tD PROPOSED RETURN WALL PROPOSED 8"WOOD PILE ON EXTENDED PROPERTY LINE NOW OR FORMERLY R� CITY OF VIRGINIA BEACH ,p I D.B. 1018, PG. 154 G PI N: 1570-80-2438 LAKE JOYCE \ N PROPERTY LINE EXTENDED `-4 �I LOT 12 N44'52'50"W 100.00' M.B.41, PG. 31 Q�Q LOT 13 0 5 10 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Retaining Wall PROPOSED RETAINING WALL, RIP RAP,Sheet: 2 of 6 DOCK, BOAT RAMP & EX. BULKHEAD Scale: 1"=5' Date: Jan. 23, 25 Revised:Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS & ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W\Needham,Thomas&Eleta-1305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:05:33 PM ,V,pLTH O� \ PROPERTY LINE O� L� ^o° \� EXTENDED O�' ✓� C 1 9 u DA '1�`� UTLER s 9 C Ca Q os,�N�o \ � c.No. 383 5 0 n w I� 0 o M �?5 �4 p o' C3 C2 \ 4.04 �86, C.4 a ssIONAL ECG ?�, O v ,�o S• y�• o Oj?O, O (� QpgQ'QQ " ,�� QG� ,OF �O��Q' Q 00 �O �� 61 /10 O' ' QOo�' �0� KEY RADIUS LENGTH o� ' �O��J` ��0 C1 5.00, 7.66' oo, O C2 1.00' 2.22' C3 3.00' 2.76' as �' G� O P�� C4 1.00' 1.53' �sODo O ma's M.B. 41, PG, 31 PROPERTY LINE EXTENDED SAS• �-1 J�F. u LOT 12 0, M.B. 41, PG. 31 0� 0 15 30 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED RETAINING WALL, RIP RAP, Sheet Name: Rip-Rap Sheet: 3 of 6 DOCK, BOAT RAMP 8L EX. BULKHEAD Scale: 1"=15' Date: Jan. 23, 25 Revised: Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS & ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Needham,Thomas&Eleta-4305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:OS:34 PM ��I�ALTH O�G 061 PROPERTY LINE O f �h EXTENDED u DAP t- UTLER �� (.\ c.No. 38395CL 'off°�� 2��2�c�`� '�, f�o� �o• cL Q~O ANAL 0& ��V 0 ' ti 110., o Nccol 0 41, PG. 31 PROPERTY LINE EXTENDED Q LOT 12 ° 9�0,O�L \G� M.B. 41, PG. 31 0� 0 15 30 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Bulkhead PROPOSED RETAINING WALL, RIP RAP,Sheet: 4 of 6 DOCK, BOAT RAMP 8 EX. BULKHEAD Scale: 1"=15' Date:Jan. 23, 25 Revised:Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS & ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Needham,Thomas&Eleta-4305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:05:34 PM _ - 10.00'--- LAKE JOYCE I U Q J W v M v w Q N 10.00'-- I �� Z ID ono c 0.33' t-- 1.00, o (9 °r° �CD v' _ o DOCK O > Z O O o a PROPOSED Z } FLEXAMAT 6.00' I BOAT RAMP U 0 I o I0 4.00' 0.33' I 10.00' L --1.00, ��pLTH OF 17, U y DAP UTLER zo PROPERTY LINE o c.No. 38395 �; EXTENDED 25 w4 2A SIONA L E� �1 N44'52'50"W 100.00' LOT 13 149.20' LOT 14 N45'07'10"E M.B. 41, PG. 31 0 6 12 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: PROPOSED RETAINING WALL, RIP RAP,Dock & Boat Ramp Sheet: 5 of 6 DOCK BOAT RAMP & EX. BULKHEAD Scale: 1"=6' Date: Jan. 23, 25 Revised:Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS & ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Needham,Thomas&Eleta-4305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:05:34 PM 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. AL TA 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 4 O� 3. THIS PLAN IS BASED UPON A PHYSICAL SURVEY PREPARED BY: O� Gr ENGINEERING SURVICES INC.. DATED: 3-8-2002 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. DAB UTLER `l c.No.38395 SI()NAL E� — - -- - -- - ----------------------------- I_ ADJACENT OWNERS I KEY 1 OWNER INSTRUMENT LEGAL INSTRUMENT GPIN STEPHANIE L. McMANUS LOT 12,DB M.B. 41, & STANLEY SUMNER . . 3709, PG. 2133 BAYLAKE PG. 31 1570-90-3469 - ------- BEACH ---- - - ---LOT 14, -- -- ---- PATRICIA ANN WOLFE I.N. 200509300159473 BAYLAKE M•B. 41, 1570-90-2613 BEACH PG. 31 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Notes &Tables Sheet: 6 of 6 PROPOSED RETAINING WALL, RIP RAP, DOCK, BOAT RAMP & EX. BULKHEAD Scale: NA Date: Jan. 23, 25 Revised:Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS & ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Needham,Thomas&Eleta-4305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:0S:34 PM PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 20f?T,by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THOMAS J. NEEDHAM and ELETA NEEDHAM, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "13" as shown on that certain plat entitled: "BAYLAKE BEACH PRINCESS ANNE COUNTY, VA, PROPERTY OF PIONEER HOLDING CORP.," Scale: 1" = 100', dated April 1956, prepared by Jno M. Baldwin, C.E. R.S. Baldwin, C.L.S., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 41, at page 31, and being further designated, known, and described as 4305 Lookout Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain 100 linear feet of rip rap, a variable width wood dock, a 10' x 16.65' boat ramp, a 6.39' retaining wall and to maintain an existing bulkhead (100 LF) into City-owned property known as Lake Joyce, located at the rear of 4305 Lookout Road (collectively, the "Temporary Encroachment"), in the City of Virginia Beach; and GPINS: 1570-80-2438 (CITY-OWNED PROPERTY KNOWN AS LAKE JOYCE) 1570-90-2587 GPIN (4305 LOOKOUT ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City-owned property known as Lake Joyce, 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 RETAINING WALL, RIP RAP, DOCK, BOAT RAMP & EX. BULKHEAD, FOR THOMAS J. & ELETA NEEDHAM LOCATED ON LOT 13, BAY ISLAND MB. 41, PG. 31," Scale: of 1" = 40', dated January 23, 2025 and revised through April 2, 2025, 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 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. 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 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, THOMAS J. NEEDHAM and ELETA NEEDHAM, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: T as J. Needham Eleta Needham STATE OF VIRGINIA CITY/COUNTY OF n;n nn K to-wit: The foregoing instrument was acknowledged before me this In day of MOW 202f by Thomas J. Needham and Eleta Needham, owners. (SEAL) Notary Public Barbara Lee Stevem �1 Db NOTARY PUBLIC Notary Registration Number: o� COMMONWEALTH VI VIRG,N,A MY COMMISSION EXPIRES DECEMBER 31 Oaft [_ —REGISTRATION 31, My Commission Expires: ' a NUMBER:262023 t APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM J P LI ORK — REAL ESTATE R. HARMEYER DEPUTY CITY ATTORNEY SHEETINDEX Col OVERALL NOW OR FORMERLY NLTRI O� CO2 RETAINING WALL CITY OF VIRGINIA BEACH 01 L1 CO3 RIP-RAP D.B. 1018, PG. 154 O C04 BULKHEAD G PI N: 1570-80-2438 r2 C05 DOCK & BOAT RAMP LAKE JOYCE DAI, UTLER C06 NOTES,TABLES&OWNERS � c.No. 38395 PROPOSEDi' �► �25 PROPOSED BULKHEAD O PROPOSED PR PO PROPOSED WOOD K ALONG SlONAL RETURN WALL I EX. BULKHEAD PROPOSED PROPERTY LINE I (2) 12- MIMOSA FLEXAMAT EXTENDED N44'52'50"W 100.00' BOAT RAMP L� TREE PROTECTION �1 PROPERTY UNE TYPICAL Q Q�Q EXTENDED LOT 13 N DECK p N 1cp PATIO '� C LOT 12 1 STORY M.B.41, PG. 31 BRICK HOUSE LOT 14 w M.B. 41, PG. 31 0 L 0 i� i• 0 0 N z 369.04' TO LOOKOUT CT. S44'52'50"E 100.00' LOOKOUT ROAD (50' R/W) M.B. 41, PG. 31 0 40 80 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Overall I Sheet: 1 of 6 PROPOSED RETAINING WALL, RIP RAP, DOCK,Scale: 1"=40' BOAT RAMP & EX. BULKHEAD Date: Jan. 23, 25 Revised: Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS& ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH,VIRGINIA ��ALTH p�L u DAt- UTLER 1.34' f `l` c.No. 38395 PROPOSED 8"WOOD PILE ON ED PROPERTY LINE I SIpN 1L c> M t0 PROPOSED RETURN WALL PROPOSED 8"WOOD PILE ON EXTENDED PROPERTY LINE � I NOW OR FORMERLY CITY OF VIRGINIA BEACH p D.B. 1018, PG. 154 G PI N: 1570-80-2438 LAKE JOYCE \ N PROPERTY LINE EXTENDED `V �I LOT 12 N44'52'50"W 100.00' M.B. 41, PG. 31 �1 Q�Q� LOT 13 0 5 10 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Retaining Wall f Sheet: PROPOSED RETAINING WALL, RIP RAP,2 of 6 DOCK BOAT RAMP 8 EX. BULKHEAD Scale: 1"=5' Date: Jan. 23, 25 Revised:Apr.2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS & ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA ��pLTt]OlpG o\ PROPERTY LINE 0 f ^o \� EXTENDED c1 S v DAZ- UTLER �. C C4 U Dom,��oo \ `l Z `I c.No. 38395 o Oo, o n \ w i C3 C2 a O 01�2� 1�4� 4.04, 7(P a SSIONAL ECG �� O v O '80. ,�o S• h� O' O 7O OgQ`QQ �6 PGA �Q ' Q�O�Q� n � 43 'k,Q-��(i Q �o 0� KEY RADIUS LENGTH o Cj c1 5.00, 7.66' c2 1.00' 2.22' C3 3.00' 2.76' 0� G� C4 1.00' 1.53' 660A0 �P "for, 0 �s M.B. 41, PG. 31 PROPERTY LINE o��F EXTENDED u LOT 12 �0, M.B. 41, PG. 31 0 15 30 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED RETAINING WALL, RIP RAP, Sheet Name: Rip-Rap Sheet: 3 of 6 DOCK BOAT RAMP 8� EX. BULKHEAD Scale: 1"=15' Date: Jan. 23, 25 Revised: Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS& ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA �4� °pLTIJ Off. 40 PROPERTY LINE p Ll � �o EXTENDED �9' o U DAt- UTLER ��,y, ,�'�� z / `I c.No. 38395 M Off, 1�2� ��t, /�o• \ �- a ~p v ZONAL E OOO� Oy o Nco, 0 `'• .•- 'po 4o 80' ��' 3 ?u�9, M.B. 41, PG. 31 PROPERTY LINE EXTENDED LOT 12 ° 9'0 M.B. 41, PG. 31 0 0 15 30 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Bulkhead Sheet: 4 of 6 PROPOSED RETAINING WALL, RIP RAP, DOCK, BOAT RAMP & EX. BULKHEAD Scale: 1"=15' Date: Jan. 23, 25 Revised:Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS & ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA - 10.00'- } a o LAKE JOYCE co w aLON 10.00'--- I �� Z_ ono c 0.33' F-- 1.00, G a c u- o0or w !K o DOCK 0 > C) O LL O PROPOSED Z O FLEXAMAT 6.00' I BOAT RAMP H U 0 I R 0 4.00' 0.33' --1.00, 10.00' �1��ALTFj O� ( L1 Off. U DAB UTLER inN PROPERTY LINE `l, c.No. 38395 ~ `° 'O EXTENDED 25 �� `- SIGNAL E� F1 N44'52'50"W 100.00' LOT 13 149.20' LOT 14 N45'07'10"E M.B. 41, PG. 31 0 6 12 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Dock& Boat Ramp Sheet: PROPOSED RETAINING WALL, RIP RAP,5 of 6 DOCK BOAT RAMP & EX. BULKHEAD Scale: 1"=6' Date: Jan. 23, 25 Revised:Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS 8 ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. pLTA 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS PLAN IS BASED UPON A PHYSICAL SURVEY PREPARED BY: O� Lr ENGINEERING SURVICES INC.. DATED: 3-8-2002 O 4. THE CITY OF MRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF U DAP B UTLER RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. .\ \` c.No. 3 8395 05 G4, SJONAL E� ADJACENT OWNERS KEYT OWNER INSTRUMENT LEGAL INSTRUMENT GPIN STEPHANIE L. McMANUS LOT 12, M.B. 41, & STANLEY SUMNER D.B. 3709, PG. 2133 BAYLAKE PG 31 1570-90-3469 BEACH _ --- - — --- - --LOT 14, M.B 41 _--- PATRICIA ANN WOLFE I.N. 200509300159473 BAYLAKE PG. 31 1570-90-2613 ----- - -- -- BEACH EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Notes &Tables Sheet: 6 of 6 PROPOSED RETAINING WALL, RIP RAP,DOCK, BOAT RAMP & EX. BULKHEAD Scale: NA FEMW Jan. 23, 25 Revised: Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS& ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA g M t to ` • • f r A V ' � t r, y F M ♦ � � �i'�ry'k` `�{�d °fit`a ��a E +rt '� �•a" ��5�x �� 3�'�j�`.` '`. - �2 r Fes, { • Y F, ! A i n a x a � R € .a f 3�" a �TT � � $ 1. ♦4 •,may [ 6 'dj� . v t {, tk �"" p�-e ter{, � - � •4`� rv. >t 1 � R a 41 '*t i � µ 1 ss ..v k `.� ' �� .. ? a4 4�` `•., ! try; Ilk txr 1 w k Y � aq a , M1 f f ` r "1 p . w •. y i .r . N. a t 3,� � [ � i^� •n Y SHEETINDEX Col OVERALL NOW OR FORMERLY Cot RETAINING WALL CITY OF VIRGINIA BEACH 0 1 CO3 RIP—RAP D.B. 1018, PG. 154 G' coa BULKHEAD GPIN: 1570-80-2438 p C05 DOCK & BOAT RAMP LAKE JOYCE DAt- UTLER C06 NOTES,TABLES&OWNERS `I c.No. 38395 PROPOSED PROPOSED BULKHEAD WOOD DOCK PROPOSED RIP-RAP OHW ALONG �SSjONAL ECG` PROPOSED EX. BULKHEAD RETURN WALL 0 PROPOSED PROPERTY LINE (2) 12" MIMOSA FLEXAMAT EXTENDED I N44'52'50"W 100.00' BOAT RAMP TREE PROTTYPICAL \Q��TION1 PROPERTY LINE EXTENDED Q LOT 13 -c0V DECK 0 � PATIO C LOT 12 1 STORY M.B. 41, PG. 31 BRICK HOUSE LOT 14 w M.B.41, PG. 31 0 0 0 0 Vl Z 369.04' TO LOOKOUT CT. S44'52'50"E 100.00' LOOKOUT ROAD (50' R/W) M.B.41, PG. 31 0 40 80 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED RETAINING WALL, RIP RAP, DOCK, Sheet Name: Overall Sheet: 1 of 6 BOAT RAMP & EX. BULKHEAD Scale: 1"=40' Date: Jan. 23, 25 Revised:Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS& ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Needham,Thomas&Eleta-0305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:05:33 PM 4�ALTH OF o� Lr o U DA - UTLER `I 38395 No c. . 1.34' f PROPOSED 8"WOOD PILE ON EXTENDED I SSjONAL PROPERTY LINE M tG PROPOSED RETURN WALL PROPOSED 8"WOOD PILE ON EXTENDED PROPERTY LINE I NOW OR FORMERLY CITY OF VIRGINIA BEACH D.B. 1018, PG. 154 A' GPIN: 1570-80-2438 . X' LAKE JOYCE N PROPERTY LINE EXTENDED LOT 12 N44'52'50"W 100.00' M.B.41, PG. 31 �1 LOT 13 0 5 10 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED RETAINING WALL, RIP RAP, Sheet Name: Retaining Wall Sheet: 2 of 6 DOCK, BOAT RAMP & EX. BULKHEAD Scale: 1"=5' 1 Date: Jan. 23, 25 Revised: Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS S ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Needham,Thomas&Eleta-4305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:05:33 PM HEALTH OP PROPERTY LINE 0� G! p� �� EXTENDED ^^. C1 o DAI �- UTLER Q` c.No. 38395 o SOS, O n C3 C2 `j p�_ 4�2 �y p�� 2 ��w 4.04 8 00 SSIONAL ��G O �68 , ,L -j ro O 0, 19 Q0 Q�0 "'Q o Q- C7' QGov °°' KEY RADIUS LENGTH �� C1 5.00, 7.66' so O� N C2 1.00' 2.22' �a�o,�� • G�� O�Q��' �� C3 3.00' 2.76' C4 1.00' 1.53' �soo© �P ?s M.B. 41, PG. 31 - -- ------- PROPERTY - LINE _=o`��- ------ EXTENDED =__------ -- � S J� A LOT 12 �o'o M.B. 41, PG. 31 0 15 30 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Rip-Rap Sheet: 3 of 6 PROPOSED RETAINING WALL, RIP RAP,DOCK, BOAT RAMP 8 EX. BULKHEAD Scale: 1"=15' 1 Date: Jan. 23, 25 Revised: Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS 8 ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA w:\Needham,Thomas&Eleta-4305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:05:34 PM ��ENLTH O4 01 PROPERTY LINE O G! S.;. EXTENDED v DAZ- UTLER `I` c.No. 38395 > >� `e) cm SStONAL ECG OHO ��"a+. fists R,q J 0>?0, J�� Doti 6� ,0F � y�• ��LPG oho � h � ,,\ N� IVO 9, M.B. 41, PG. 31 --- PROPERTY LINE EXTENDED -- - — � O 0 u LOT 12 �01 M.B. 41, PG. 31 0 15 30 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Bulkhead Sheet: 4 of 6 PROPOSED RETAINING WALL, RIP RAP,DOCK, BOAT RAMP & EX. BULKHEAD Scale: 1"=15' 1 Date: Jan. 23, 25 Revised: Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS & ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Needham,Thomas&Eleta-4305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:05:34 PM I 10.00' — } a o LAKE JOYCE W co Z 0 0.33' I-- 1.00, c d ? o O (DC6o I �, o — DOCK 0 > — .. 3: U. M Z PROPOSED O O o FLEXAMAT z } � 6.00' I BOAT RAMP U 0 o I 0 4.00' 0.33' 1.00, 10.00' HEALTH p�, O DA UTLER ^ PROPERTY LINE EXTENDED c.No. 3839525 �� c- cc `- G`�w I S�0NAL V� �1 N44'52'50"W 100.00' Q�Q� LOT 13 149.20' LOT 14 N45'07'10"E M.B. 41, PG. 31 0 6 12 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Dock & Boat Ramp Sheet: 5 of 6 PROPOSED RETAINING WALL, RIP RAP, DOCK, BOAT RAMP & EX. BULKHEAD Scale: 1"=6' Date: Jan. 23, 25 Revised: Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS & ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Needham,Thomas&Eleta-4305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:05:34 PM 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. ALTH 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. �� O� L 3. THIS PLAN IS BASED UPON A PHYSICAL SURVEY PREPARED BY: �0 r ENGINEERING SURVICES INC.. DATED: 3-8-2002 p 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF U DAB UTLER RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. �I c.No. 38395 �SSIONAL ADJACENT OWNERS KEY OWNER INSTRUMENT LEGAL INSTRUMENT GPIN STEPHANIE L. McMANUS LOT 12, M.B. 41, & STANLEY SUMNER D.B. 3709, PG. 2133 BAYLAKE PG 31 1570-90-3469 BEACH LOT 14, M.B. 41, PATRICIA ANN WOLFE I.N. 200509300159473 BAYLAKE PG. 31 1570-90-2613 BEACH EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Notes &Tables Sheet: 6 of 6 PROPOSED RETAINING WALL, RIP RAP, DOCK, BOAT RAMP & EX. BULKHEAD Scale: NA Date: Jan. 23, 25 Revised:Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS& ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Needham,Thomas&Eleta-4305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:05:34 PM > p s d Kh .p k f ' 1 } yy a,. k • w r. Suer � � • . � , �..�•�� .�� W^y .. � �� ' ��B i ♦w h a , E IT Aw F ,y` ~ ` Ole s � m r . L RO . LOCATION MAP OFL. 14*1 '+Y ENCROACHMENT REQUEST FOR THOMAS J. & ELETA NEEDHAM Legend 4305 LOOKOUT ROAD `, Q` GPIN 1570 City Properties -90-2587 Feet cm 1570-90-2587 t `� 0 50 100 200 ---- N r f7 SN 0R • { r Q � c Cooko ® vTRo LOCATION MAP OF ENCROACHMENT REQUEST - -�, FOR Legend eA�',t THOMAS J. & ELETA NEEDHAM �, LFRp 4305 LOOKOUT ROAD City Property GPIN : 1570-90-2587 0 1570-90-2587 Feet 0 50 100 200 Pro.,oro.l h.r 111 OW rF—X— C—....n Q—A—N,—..'1XKIWX v l:;l %A!_GAInA\IADC11C7n On 1C0711C7n On 7GA7�...., V6CITY OF VIRGINIA 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 Is Applicant also the Owner of the subject property? Yes Noo If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? YesO No If yes, name Representative: Is Applicant a corporation, partnership, firm, business,trust or unincorporated business? YesONoFD"' If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) E - "I 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 thus-object land or any proposed development contingent on the subject public action? Yeso Now If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, cross-collateralization, etc.) 0 °ti r ?f�� =j�'r �rt; •3 Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION APPLICANT DISCLOSURE . - . SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation Architect/Designer/Landscape Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent (V 0 &.A L-Lt1 P Legal Services v o '�.Czv 6 'i APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. 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 some offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 SECTIONPROPERTY" OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Is the Owner a corporation, partnership,firm,business,trust,or unincorporated business? YesONo(D' If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) 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 su ct land or any proposed development contingent on the subject public action? Yes Q No 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, cross-col late raIization, etc.) O unt'if UpjRCN Real Estate Broker/Agent/Realtor 01 (D Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent © M SUP Legal Services O AI /j'j,� ( 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, 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 boa or ttee in connection with this application. �Nc MA S _) L�L�i�1 /V� /�Ovi Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 �J NU�Cy i�7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Commonwealth to the FY 2025-26 Operating Budget of the Office of the Voter Registrar MEETING DATE: July 1, 2025 ■ Background: The Code of Virginia mandates the governing body of each city to pay compensation to its registrar and electoral board in accordance with the compensation plan in the Virginia Acts of Assembly. On June 11, 2025, the City was notified of the approved compensation adjustment resulting from the Commonwealth's recently adopted budget. A 3% salary increase and a one-time bonus payment equal to one and a half percent of the base salary is provided for these positions as of July 1, 2025. The City's Adopted FY 2025-26 Operating Budget included an estimated reimbursement amount from the Commonwealth for the compensation of the registrar and electoral board. However, the City will receive $6,402 more than estimated as reimbursement for the salary increases and one-time bonus payments to the Voter Registrar and Electoral Board. ■ Considerations: There are no additional obligations to the City as it relates to these increased funds. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the Voter Registrar City Manager: �;� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE COMMONWEALTH TO THE FY 2025-26 3 OPERATING BUDGET OF THE OFFICE OF THE VOTER 4 REGISTRAR 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT- 8 9 $6,402 is hereby accepted from the Commonwealth and appropriated, with 10 revenue increased accordingly, to the FY 2025-26 Operating Budget of the Office of the 11 Voter Registrar to fund salary adjustments approved by the General Assembly. 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: Budget and M nagement Services City Attorney's Office CA16914 R-1 June 17, 2025 Nu eC?n CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funding for Hampton Roads Transit MEETING DATE: July 1, 2025 ■ Background: As a part of the FY 2025-26 Budget process with Hampton Roads Transit (HRT), localities were presented with options to receive reimbursement true-up that was documented in audited financial statements from FY 2019-20 to FY 2021-22. Option one was for localities to receive a service credit for the FY 2025-26 and FY 2026- 27 budget equivalent to 50 percent of the total amount owed each year. In May 2025, another option was presented to City leadership as the alternative. This option allows the locality to receive a lump sum payment for reimbursement for the total amount owed to the locality. During the budget planning period, HRT programmed the service credit option automatically within the Transportation Service Plan. This provided a credit of $701,798 to the overall amount owed to HRT from the City within the FY 2025-26 Adopted Budget. In total, with the applied credit, the City's FY 2025-26 adopted contribution to HRT is $8,596,142, split 86% within the General Fund, and 14% within the Tourism Investment Program Fund (TIP) based on the portions of routes supported by each fund. After consideration, the City of Virginia Beach notified HRT to proceed with the lump sum reimbursement of $1 ,403,596. HRT subsequently provided the funding which will fall to fund balance of the General Fund and TIP at the end of FY 2024-25. For this reason, the City needs to appropriate additional funds within the Operating Budget to be able to pay HRT the full amount owed in FY 2025-26 since the credit will no longer be applied. The funding source for this appropriation will be fund balance available from the payment already received from HRT. ■ Public Information: Normal Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Budget and Management Services City Manager: 4W 1 AN ORDINANCE TO APPROPRIATE FUNDING FOR 2 HAMPTON ROADS TRANSIT 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 1. $603,546 is hereby appropriated from the fund balance of the General 8 Fund, with revenues increased accordingly, to the FY 2025-26 Non-Departmental 9 Operating Budget for the City's participation in Hampton Roads Transit's Transportation 10 Service Plan. 11 12 2. $98,252 is hereby appropriated from the fund balance of the Tourism 13 Investment Program Fund, with revenues increased accordingly, to the FY 2025-26 Non- 14 Departmental Operating Budget for the City's participation in Hampton Roads Transit's 15 Transportation Service Plan. 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 the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: Budget andlanagement Services ttorney's Office CA 16918 R-1 June 17, 2025 U� 4 ew i) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $610,000 in Fund Balance from the Police Federal & State Seized Assets Special Revenue Fund for Police Equipment and Training MEETING DATE: July 1, 2025 ■ Background: The Virginia Beach Police Department (VBPD) requests that City Council approve the use of $610,000 in fund balance from the Police Federal & State Seized Assets Special Revenue Fund to purchase the following items not funded through the Department's FY 2025-2026 Operating Budget: ➢ Police Leadership Training - $150,000 ➢ Software applications FirstTwo and Peregrine- $400,000 ➢ Funding for Rental Cars for Crime Suppression Squad (CSS) - $60,000 The Leadership funding will be used for opportunities such as the Police Executive Leadership School, FBI LEEDA Institute courses, the Senior Management Institute for Police, or other appropriate leadership courses as they come available for suitable staff. FirstTwo provides a map-based visual of open-source and public record information to aid in situational awareness of VBPD staff. This application helps to identify people and phones associated with specific locations, offering a visual and tactical tool for law enforcement. FirstTwo is an enterprise level agreement provided in a web-based format, and it integrates into the existing Fusus platform, enhancing support capabilities within the Real Time Crime Center. The Peregrine platform integrates and analyzes data from various systems, such as the record management system, computer-aided dispatch, and body worn cameras for real- time decision-making and operations management. This software integrates data from different systems, centralizes and visualizes it in a single platform to allow for improved decision making, increased community safety, and improved resource allocation. The CSS relies on other units to provide covert vehicles for investigative use. The VBPS is currently experiencing a shortage of these types of vehicles. This funding will provide rental vehicles to expand the CSS fleet. The rental cost is inclusive of all maintenance, repairs, and insurance. ■ Considerations: According to the United States Department of Justice, seized asset funds are to be used to provide law enforcement agencies monetary resources to assist in accomplishing their mission, but cannot be used to supplant local funding. There is sufficient fund balance in the Police Federal & State Seized Assets Special Revenue Fund to cover the amount requested in this action, and as of June 2025, the unassigned fund balance is around $1 .9 million. ■ Public Information: Normal Council Agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager:/�;,V 1 AN ORDINANCE TO APPROPRIATE $610,000 OF FUND 2 BALANCE FROM THE POLICE FEDERAL & STATE SEIZED 3 ASSETS SPECIAL REVENUE FUND FOR POLICE 4 EQUIPMENT AND TRAINING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $610,000 is hereby appropriated, with revenues increased accordingly, from 10 the fund balance of the Police Federal & State Seized Assets Special Revenue Fund to 11 the FY 2025-26 Police Department Operating Budget for police software, equipment, and 12 training. The City makes no commitment to replace any equipment purchased with these 13 funds. 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 the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget a d nagement Services - -ity"Attorney's Office CA16915 R-1 June 17, 2025 . piU CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Donate a Vehicle to the Currituck County Sheriffs Department MEETING DATE: July 1, 2025 ■ Background: The Virginia Beach Police Department (VBPD) would like to donate a Lenco Armored Personnel Carrier Vehicle to the Currituck County, North Carolina, Sheriffs Department. The Sheriff's office is a full-service law enforcement agency serving the mainland portion of the County as well as Knotts Island and Corolla. Currituck has a year-round population of approximately 35,000, with a summer transient population of 50,000 visitors per week. The SWAT team, established in 1999, is staffed by thirteen (13) part-time sheriffs, who have created a regional law enforcement asset, with drone pilots and negotiators, as well as land and maritime search and rescue certifications. Due to the shared border with Virginia Beach, and the fact that Knotts Island is only accessible by driving through Virginia Beach, the departments have established a strong working relationship together, to include an MOU for mutual aid. The Currituck County Sherriffs Department has no capability to purchase this equipment otherwise due to budget constraints. The VBPD has identified this piece of equipment to be in serviceable condition such that it would provide Currituck County with the personnel protection for their SWAT team, which they are seriously lacking. ■ Considerations: The VBPD no longer uses this armored vehicle, as a replacement vehicle was purchased in 2021. Approximate value of this truck is $20,000. All equipment will be provided in an "as is, where is" condition. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: llr�l 1 AN ORDINANCE TO DONATE A VEHICLE TO THE 2 CURRITUCK COUNTY SHERIFF'S DEPARTMENT 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 The donation of a Lenco Armored Personnel Carrier to the Currituck County 8 Sheriff's Department is hereby authorized. The vehicle is to be donated in "as is, where 9 is" condition. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Ueagement Services Ci ttorney's Office CA16917 R-1 June 17, 2025 K. APPOINTMENTS • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF ZONING APPEALS • CLEAN COMMUNITY COMMISSION • HEALTH SERVICES ADVISORY BOARD • HISTORIC PRESERVATION COMMITTEE • HISTORICAL REVIEW BOARD • HOUSING ADVISORY BOARD • INDEPENDENT CITIZEN REVIEW BOARD • MINORITY BUSINESS COUNCIL • PERSONNEL BOARD • PLANNING COMMISSION • PUBLIC LIBRARY BOARD • SOCIAL SERVICES ADVISORY BOARD • STORMWATER APPEALS BOARD • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE M. NEW BUSINESS N. 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 July 1, 2025. 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:06/17/2025 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 0 L L C N Y L S E I 0 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 I. CITY COUNCIL'S BRIEFING A. FLOOD PROTECTION PROGRAM AND Jeff Waller,P.E., CAPITAL IMPROVEMENT UPDATE Chair—Flood Prevention Bond Referendum Oversight Board Leisha Pica,P.E., Program Manager— Jacobs Engineering B. VIRGINIA BEACH VA250 COMMITTEE James Wood, UPDATE Chair— (Requested by Mayor Dyer and Council Members Virginia Beach Remick and Ross-Hammond) VA250 Committee Il.- CERTIFICATION OF CLOSED SESSION CERTIFIED 9-0 Y Y Y Y Y Y Y Y A Y A V. A-F G. PUBLIC HEARING 1. GRANT EASEMENT OVER CITY PROPERTY 0 SPEAKERS 50'-wide(5,000 square feet)40-year access and utility easement Lake Gaston Pipeline I.1 Ordinance to AMEND City Code Section 2-214.3 re ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y A providing for the adoption of sections of the CONSENT Virginia Public Procurement Act 1.2 Ordinance to ADOPT a revised Policy re remote ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y A participation by City Council Members in CONSENT Council Meetings 1.3 Resolution to RENEW permits to allow certain ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y A Emergency Medical Services (EMS) Agencies to CONSENT operate in the City re Pahala Park, LLC d/b/a Coastal Event Medical Management;Fast Track EMS,LLC;Shore Transportation Services,Inc., and Hospital to Home, LLC, a/k/a H2H Emergency Services 1.4 Ordinance to AMEND the Virginia Beach City ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y A Public Schools (VBCPS) FY 2025-26 Operating CONSENT Budget and Capital Improvement Program and AUTHORIZE one full-time position within the Department of Parks and Recreation 1.5 Ordinance to AMEND various Federal Grant ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y A Programs administered by the Department of CONSENT Housing and Neighborhood Preservation 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:06/17/2025 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 1 S R Y N N K D E N N 1.6 Ordinance to ACCEPT/APPROPRIATE $1.9- ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y A Million from the Virginia Department of Social CONSENT Services(VDSS)to the FY2024-25 Human Services Operating Budget / AUTHORIZE a $1,273,000 local match from the Human Services Operating Budget re personnel costs and related operational expenses 1.7 Ordinance to ACCEPT / APPROPRIATE ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y A $436,326 from the Virginia Department of Criminal CONSENT Justice Services to the FY 2025-26 Virginia Beach City Public Schools Operating Budget as a grant subrecipient re School Security Officers and Security Assistants 1.8. Ordinance to ACCEPT / APPROPRIATE ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y A $418,550 from the United States Department of CONSENT Energy to the Grants Consolidated Fund within the FY 2024-25 Public Works Operating re energy efficiency and conservation activities 1.9 Ordinance to ACCEPT / APPROPRIATE ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y A $208,079 from the Virginia Department of CONSENT Behavioral Health and Developmental Services to the FY 2025-26 Human Services Operating Budget re Workforce Development Services 1.10 Ordinance to ACCEPT/APPROPRIATE$94,479 ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y A from the Virginia Marine Resources Commission CONSENT (VMRC) Abandon or Derelict Vessel (ADV) Program to the Grants Consolidated Fund within the FY 2024-25 Public Works Operating Budget / AUTHORIZE $94,479 subrecipient grant to the Vessel Disposal and Reuse Foundation re removal of five(5)vessels 1.11 Ordinance to ACCEPT/APPROPRIATE$69,698 ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y A from the Virginia Department of Behavioral Health CONSENT and Developmental Services to the Grants Consolidated Fund within the FY 2024-25 Human Services Operating Budget re support of a Data Infrastructure Cost Sharing Agreement 1.12 Ordinance to ACCEPT/APPROPRIATE$17,323 ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y A from the Department of Criminal Justice Services CONSENT through the 2025 Bryne Justice Assistance Grant (JAG) Program to the Grants Consolidated Fund within the FY 2024-25 Sheriff's Office Operating Budget/AUTHORIZE a $5,774 local match re purchase of equipment 1.13 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y A $16,655 from the Virginia Military Community CONSENT Infrastructure Grant Program to the FY 2024-25 Capital Improvement Program re Project#100701 "Princess Anne Road Water Transmission Main" re portion of the local match 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:06/17/2025 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 1.14 Ordinance to ACCEPT/APPROPRIATE$14,450 ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y A from the Virginia Department of Behavioral Health CONSENT and Developmental Services to the FY 2024-2025 Human Services Operating Budget re Adult Outpatient Competency Restoration and Evaluations services 1.15 Ordinance to ACCEPT/APPROPRIATE$13,013 ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y A from various donations to the FY 2024-25 Non- CONSENT Departmental Operating Budget of the Mayor's Committee Trust Fund re purchases related to Mayor's Commission on Aging 1.16 Ordinance to TRANSFER$1,302,068 from General ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y A Fund salary savings to the FY 2024-25 Police CONSENT Department Operating Budget re implement the Drone as a First Responder Pilot Program J.1. HWG VA BEACH,LLC/1808 SALEM,LLC for a APPROVED/ 9-0 Y Y Y Y Y Y Y Y A Y A Modification of Proffers to a Conditional Change of MODIFIED/ Zoning re convert the former Rite Aid building to a PROFFERED,BY childcare center and tenant space at 1808 Salem CONSENT Road DISTRICT 10 k2. CITY OF VIRGINIA BEACH for a Modification of APPROVED/ 9-0 Y Y Y Y Y Y Y Y A Y A Conditions to a CUP re Borrow-Pit Fill at 560 MODIFIED/ Oceana Boulevard DISTRICT 6(Deferred from May CONDITIONED 20,2025) J.3. FWM RESIDENTIAL RENTAL PROPERTIES, APPROVED/AS 9-0 Y Y Y Y Y Y Y Y A Y A LLC / CITY OF VIRGINIA BEACH for a PROFFERED,BY Conditional Change of Zoning from R-5S Residential CONSENT Single-Family to Conditional RT-3 Resort Tourist District re commercial marina at two (2) parcels south of 310 & 312 Winston Salem Avenue DISTRICT 5 J.4. FWM RESIDENTIAL RENTAL PROPERTIES, APPROVED/ 9-0 Y Y Y Y Y Y Y Y A Y A LLC / FWM RESIDENTIAL RENTAL MODIFIED/ PROPERTIES, LLC & CITY OF VIRGINIA CONDITIONED, BEACH for a Modification of Conditions to a CUP re BY CONSENT commercial marina at four(4)parcels directly south of 310&312 Winston Salem Avenue DISTRICT 5 J.5. 2501 HOLLAND ROAD, LLC for a Conditional APPROVED/AS 9-0 Y Y Y Y Y Y Y Y A Y A Change of Zoning from AG-1 and AG-2 Agricultural PROFFERED,BY Districts to Conditional R-10 Residential District re CONSENT develop a 35-lot subdivision with 33 single-family lots, an open space lot and a stormwater management lot at 2501 Holland Road DISTRICT 2 J.6. BT ASSOCIATES,LLC for a Conditional Change of APPROVED/AS 9-0 Y Y Y Y Y Y Y Y A Y A Zoning from 0-2 Office District to Conditional B-2 PROFFERED/ Business District and CUP re bulk storage yard at CONDITIONED, 120 South Lynnhaven Road DISTRICT 3 BY CONSENT J.7. VIRGINIA BEACH BEACON BAPTIST DEFERRED TO 9-0 Y Y Y Y Y Y Y Y A Y A CHURCH for a Modification of Conditions to CUP JULY 8,2025,BY re religious use at 2301 Newstead Drive DISTRICT 5 CONSENT 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:06/17/2025 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 1 S R Y N N K D E N N J.8. CF Y NV DEVELOPMENTS, LLC/VIRGINIA DEFERRED TO 9-0 Y Y Y Y Y Y Y Y A Y A BEACH BEACON BAPTIST CHURCH for a JULY 8,2025,BY Conditional Change of Zoning from R-20 Residential CONSENT District to Conditional B-2 Business District re subdivide a portion of the property into two(2) separate lots at 2301 Newstead Drive DISTRICT 5 J.9. KENNETH LEACH/CHANDLER S.DENNIS APPROVED/ 9-0 Y Y Y Y Y Y Y Y A Y A for a CUP re open air market at 661 Sandbridge CONDITIONED, Road DISTRICT 2 BY CONSENT J.10 COLIN AND SKYLAR MILLER for aCUP re APPROVED/ 9-0 Y Y Y Y Y Y Y Y A Y A short term rental at 1720 Baltic Avenue DISTRICT CONDITIONED, 6 BY CONSENT K. APPOINTMENTS RESCHEDULED B Y C O N S E N S U S BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL PERSONNEL BOARD PLANNING COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE BAYFRONT ADVISORY COMMISSION Appointed: 9-0 Y Y Y Y Y Y Y Y A Y A Chase McConnell— Representing Student Member Audrey Perry —Representing Student Member Bailey Quarg —Representing Student Member Neel Singh —Representing Student Member I Year Terms 7/1/2025-6/30/2025 CLEAN COMMUNITY COMMISSION Appointed: 9-0 Y Y Y Y Y Y Y Y A Y A Anna Orchard- Hayes —Representing Student Member 1 Year Term 7/l/2025-6/30/2026 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:06/17/2025 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 FLOOD PREVENTION BOND Appointed: 9-0 Y Y Y Y Y Y Y Y A Y A Pahan Jayarathna— Representing Student Member John L'Heureux —Representing Student Member 1 Year Term 7/I/202-6/30/2026 GREEN RIBBON COMMITTEE Appointed: 9-0 Y Y Y Y Y Y Y Y A Y A Samantha Harris— Representing Student Member McKenna Townsley —Representing Student Member 1 Year Term 7/1/2025-6/30/2026 HISTORICAL REVIEW BOARD Appointed: 9-0 Y Y Y Y Y Y Y Y A Y A Leanna Humphrey —Representing Architect Unexpired Term thru 3/31/2028 HOUSING ADVISORY BOARD Appointed: 9-0 Y Y Y Y Y Y Y Y A Y A William Parks -Representing Architect 4 Year Term 6/17/2025-5/31/2025 Mark Carter —Representing Citizen Member Unexpired Term thru 9/30/2027 HUMAN RIGHTS COMMISSION Appointed: 9-0 Y Y Y Y Y Y Y Y A Y A Anuradha Basnet —Representing Student Member Noor Nagy —Representing Student Member 1 Year Term 7/1/2025-6/30/2026 OLD BEACH DESIGN REVIEW COMMITTEE Appointed: 9-0 Y Y Y Y Y Y Y Y A Y A Ruth Barnhardt —Representing Property Owner in Old Beach Overlay District 3 Year Term 7/l/2025-6/30/2028 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:06/17/2025 PAGE: 6 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 0 L L C N Y L S E I 0 U M S AGENDA H G E E 0 E C N S A 0 ITEM# SUBJECT MOTION VOTE 1 S R Y N N K D E N N OPEN SPACE ADVISORY COMMITTEE Appointed: 9-0 Y Y Y Y Y Y Y Y A Y A Eric Lin —Representing Student Member 1 Year Term 7/1/2025-6/30/2026 PARKS AND RECREATION COMMISSION Appointed: 9-0 Y Y Y Y Y Y Y Y A Y A Alexander Amerine —Representing Student Member 1 Year Term 7/1/2025-6/30/2026 PLANNING COMMISSION Appointed: 9-0 Y Y Y Y Y Y Y Y A Y A Katherine C. Schoonover —Representing District 5 Unexpired Term thru 2/28/2027 RESORT ADVISORY COMMISSION Appointed: 9-0 Y Y Y Y Y Y Y Y A Y A Mia Spruill —Representing Student Member Aiden Vonegloffstein —Representing Student Member 1 Year Term 7/1/2025-6/30/2026 VIRGINIA BEACH COMMUNITY Appointed: 9-0 Y Y Y Y Y Y Y Y A Y A DEVELOPMENT CORPORATION Douglas Wilbourne Unexpired Term thru 12/31/2028 L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 7:18 PM