JUNE 2, 2020 FORMAL SESSION MINUTES QIIA BF�
qstil
ot QUR N�3.
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 2, 2020
Mayor Robert M.Dyer called to order the CITY MANAGER'S BRIEFINGS in the City Council Chamber,
City Hall, Tuesday,June 2, 2020, at 2:00 P.M
Council Members Present:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
2
CITY MANAGER'S BRIEFINGS
COVID-19 UPDATE
ITEM#70285
2:00 P.M.
Mayor Dyer welcomed Erin Sutton, Director— Office of Emergency Management. Mrs. Sutton expressed
her appreciation to City Council for their continued support.
Mrs. Sutton advised there are 749 cumulative COVID-19 cases in the City, 447 cases have been cleared
from isolation and the cumulative death toll is twenty-three(23). Mrs. Sutton advised the large increase of
cases was due to the inclusion of cases reported by the U.S. Navy during a pre-deployment screening and
based on the member's deployment address.
There have been six(6)focus testing events in the past five(5) weeks. This will continue as well as a drive
through testing event for the public on June 26th at Green Run High School.
Mrs. Sutton provided the following updates:
• City leadership is continuing to transition from response into recovery and working with
Department Directors to develop reopening plans. The Office of Emergency Management(OEM)
provided written planning guidance to help Departments assess their operations and determine
how to reopen.
• Facial coverings are recommended when employees cannot maintain social distancing of six(6)
feet or when in common areas or public facing areas. Human Resources and legal staff are
developing a formal policy for the workforce.
• The City is awaiting shipments offacial coverings and will provide to all City employees based
on reopening plans and availability.
• The Communications Office is coordinating all external communication and external signage to
be posted throughout the City aligned with CDC guidance.
• The childcare program provided by Parks and Recreation ends on June 10t; their summer
childcare camp will begin on June 15th with 703 spots available per week.
• City Schools will distribute meals on Monday and Thursday beginning June 15th
• Human Services has processed 5,533 SNAP Benefit Applications to date.
Mayor Dyer expressed his appreciation to Mrs. Sutton for the update.
June 2, 2020
3
CITY MANAGER'S BRIEFINGS
PUBLIC WORKS DESIGN STANDARDS MANUAL
ITEM#70286
2:12 P.M.
Mayor Dyer welcomed Phil Pullen, City Engineer. Mr. Pullen expressed his appreciation to City Council
for their continued support:
A
-It_ q1A3
\____4/
IIII iiii 14—____
City of l'tmm.&+:ih
_ Public Works
4,ip -,
Design Standards Manual
:,) City Council Briefing
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›.......... ,,,, .The Public Works Design Standards Manual(PWDSM) has been updated and will be considered at the
City Council Formal Session on June 16th:
Public Works Specifications&Standards Public Works Design Standards Manual
(PWS&S) (PWDSM)
CITY OF VIRGINIA BEACH.VIRGINIA
DEPARTMENT OF PUBLIC WORKS `Y/ 3
ENGINEERING DIVISION CM OE,IRgNTA EtACII TTRo1NTA
DEPARTMENT Of R`RIIC WOW.
EI.YANEERINGGROET-
r N A l VINT
`il DESIGN
1 J STANDARDS
r.l
l y�'.i' M A N:1 A L
Lev
SPECIFICATIONS AND STANDARD'. APRIL 3010
TIMM...W1-1...NTV
MES Public Works '
June 2, 2020
4
CITY MANAGER'S BRIEFINGS
PUBLIC WORKS DESIGN STANDARDS MANUAL
ITEM#70286
(Continued)
Here is the History of the PWDSM Draft:
History
• Updated Draft
PWDSM released
• Responses to
Internal review of comments posted
PWS&S Manual first the Draft PWDSM Public Meeting for . independent Analysis
adopted by Council complete Draft PWDSM held
posted for review
1994 2018 8/21/2019 3/10/2020
2015 5/2/2019 8/31/2019
Final Amendment Draft PWDSM PWDSM public
(Amendment 9)to Posted for Public review COW/W f
the PWS&5 Manual Review period closed;
adopted Received 94
comments
NBA;b is Works
Here is a timeline of Public Involvement:
Public Involvement
• Various
Information
Meetings w/
Public Meeting Public Meeting DSC&
held with DSC Regularly held with Engineering
Development -qnd Meeting with Sdiedured TM and Development Sea Level Wise Community
IBA Menders Eng veering
Coordination Update City • Sea Level Wise
Engineering
Community and City Staff Meeting Community CouncilHrieflag'. Public Meetings
12/4/2017 8/2/2018 1/1412019 8/21/2019 1/14/2020 Various
. . . . . . . . . . .
2/5/2018 8/8/2018 8/15/2019 11/20/2019 5/11/2020
Meeting with DSC Quarterly Meeting with DSC Regularly DSC Regularly
TBAMembers Consukaat TM Members Scheduled 16A Scheduled 36A
and City Staff Meeting and City Staff Coordination Coordmatron
Meeting Meeting
Public Works!'
June 2, 2020
5
CITY MANAGER'S BRIEFINGS
PUBLIC WORKS DESIGN STANDARDS MANUAL
ITEM#70286
(Continued)
Here are the Major Changes:
• Document updated and re-formatted,made user
�' friendly
• Several sections removed and will be
administered directly by Planning Department
• Technical Changes:
- As-Built Drawings
- Stormwater Conveyance Piping Material
Major Changes and Testing
11111111111.111111.11.1.1111.010.1111111111. - Roadway Lighting Design
- Stormwater Utility Fee Adjustment
Stormwater Design Requirements 2
NE Public Works s
The next few slides provide an overview of Technical Changes:
As-Built Drawings
• Requirement Changes: `•
- Higher Accuracy
- Stormwater Management Facility(SWMF)
and Pipe System Post-Construction Surveys .
- Updated Checklist
- Engineer to Certify SWMF Construction
• Additional Requirements:
- Profiles '\\(10
- Construction Baseline
- Public Easements c (
nn I
(
�_ �Pub11C Works
June 2, 2020
6
CITY MANAGER'S BRIEFINGS
PUBLIC WORKS DESIGN STANDARDS MANUAL
ITEM#70286
(Continued)
poolT Stormwater Conveyance Pipe
• Only Reinforced Concrete Pipe(RCP)allowed in
Right-of-Way
or" 40010111111111r • Developer/Contractor/Permittee required to
perform CCTV of all constructed storm pipes;
required to repair all deficiencies
•
i b1 c works
Roadway Lighting Design
New Requirement: Streetlights must be designed for LED
type lighting
•
• CIP Projects: City-Owned LED Lighting Required
• Private Development: Option of City-Owned LED Lighting -
ft
or Dominion LED Lightingt
� � r
i1.1
5 f
`Public Works 8
June 2, 2020
7
CITY MANAGER'S BRIEFINGS
PUBLIC WORKS DESIGN STANDARDS MANUAL
ITEM#70286
(Continued)
CITY OF VIRGINIA BEACH NB
... M��. Stormwater Utility Fee
.e._ r _ Adjustment Program
Updated Instructions and Application:
• Provides Stormwater Fee Reduction for non-
residential properties up to 5o%
• Must have functional on-site Stormwater
Management Facilities(SWMF)
• Must have a SWMF Maintenance Agreement
with the City
.---- ---r--•-- • Adjustment based on quantity and quality
treatment for the property
\ Pub;ic Works
Stormwater Management has five (5)significant topics of change:
_
.
•r _
• Modeling
Stormwater Management ' Rainfall
• Sea Level Rise
New Requirements&Design Parameters: • Tailwater
• Groundwater
VYJPublic Works II
June 2, 2020
8
CITY MANAGER'S BRIEFINGS
PUBLIC WORKS DESIGN STANDARDS MANUAL
ITEM#70286
(Continued)
Here is an overview of the Stormwater Management Modeling changes:
•
Stormwater Management ,
Modeling `. + , r,4
•
• City has completed an extensive Stormwater
Modeling Program(02M+)
• 1` 3 / - •
New Procedures/Requirements:
- Use of City Models Available to Designers y`••+ "r " a
i41,
4 sow.
- Designers must use EPA's Stormwater .•.-- {++• '� r•
Management Model (SWMM)software i
when total disturbed area greater than LS5
20,000 sf �r,� ,►y_`
Mirialicivorks
Stormwater Management4401
Modeling
• City modeled all drainage basins except Lower Southern
Rivers using PCSWMM Software
- PCSWMM uses EPA's Stormwater Management
Model(SWMM)Software as its engine 44141frgt
- EPA SWMM is a free program available from the
US Government
• Lower Southern Rivers models prepared in MIKE suite
of programs
- Allows effects of wind into the modeling
parameters
Public Works
June 2, 2020
9
CITY MANAGER'S BRIEFINGS
PUBLIC WORKS DESIGN STANDARDS MANUAL
ITEM#70286
(Continued)
This slide provides a comparison of 1990 vs 2018 graphics:
iaris
: morn
=""o Stormwater Management
►mom. Modeling
�MY►►..Y rsY
N. •
$
r•
np..f. rr,a.r r-AISUtN.r fa1..01 _ ..
1990 Model Schematic 2018 Model Schematic
46 Nodes 58 Conduits 3,184 Nodes 13,762 Conduits
Ma> Works
Stormwater Management
,-
Modeling i t~s`r•
• Models include the Primary Stormwater System:
- Pipes 24-inches in diameter and larger _
- Stormwater Management Facilities
(Ponds and Lakes) .. .ru...
- Natural conveyance systems t
(Ditches/Swales/Canals) y _.
Lit
• Models prepared fort-,2-,10-,25-,50-,1oo-and , ,,M
50o-year storm events using recurrent tailwater I E ; '';
elevations t •
- -
• Models prepared for t.5-ft and 3-ft sea level rise
iJPublic Works 111
June 2, 2020
10
CITY MANAGER'S BRIEFINGS
PUBLIC WORKS DESIGN STANDARDS MANUAL
ITEM#70286
(Continued)
Here is an overview of the Stormwater Management Rainfall changes:
T.bk V111-0
1 Design Rainfall Depths for City of Virginia Beach So.)
Stour(water Management Dad,Paean., NUM A„.aU 61d411 �•
(NUM AW.11.lIsk1
Rainfall '°° 3A°
2-YR 3.65 436
10.3212 5.61 6.Ti
• Revision to NOAA Atlas 14 Table 25-YR 6.99 639
• Designs must include new Rainfall depths(inches) sovR 6.16 '-
79
100-YR 9A5 1134
(20%increase) NORRNOAA Atlas 11P. inoaceepth.m.u..y.,e6o.n,a.m
• Based on Study Commissioned by the City " hemai°:ariliQaoN•valAnSi.n'0":`."a" �°`°
Milli MI •
Analysis a4 Melo.*and
i
1.44ney Pap*
;a
s 10 le .. •.
\8Il'nbc Wotks
Here is an overview of the Stormwater Management Sea Level Rise changes:
Federal Sca Level N,se Curve Prgec6ons for Se..ell's Point.Norfolk
Stormwater Management
Sea Level Rise t
Planning W ""
• Designs required to address Sea Level Rise 1
--us.CE lmenoa
• Design tidal elevations increased by:
Non-Critical Infrastructure:1.5 ft. ° hr° ��� ° ao '11
- Critical Infrastructure:3 ft. veer
• Critical Infrastructure is defined by the
Office of Emergency Management `` ina
Examples Include: 061 w01,1'M.
0.4 -u. •
- Evacuation Routes/Principle Highways g —0""wsvae
- Hospitals e ' f
- Fire Stations/Police Stations fr
-02
- Evacuation Centers
BpubliCWorks i6
June 2, 2020
11
CITY MANAGER'S BRIEFINGS
PUBLIC WORKS DESIGN STANDARDS MANUAL
ITEM#70286
(Continued)
Here is an overview of the Stormwater Management Tailwater changes:
Pipe Cross Section No Tailwater
Pipe at Full Capacity Stormwater System No Tailwater
Stormwater Management
Tailwater
APP
Water discharges
from pipe,no
backflow
Pipe Cross Section with Tailwater Stormwater System during Tailwater Condition •NWL=Normal Water Level
Results in Reduced Capacity
i
- ♦Design Storm ��N "�` a = s£�` -;�4 •'v
�.�Water begins to backflow
...•*' - - in pipe during design storm
Tailwater due to Tallwater
1113Pubiic Works
Table V18-2
Design Storm Frequency for Determining Controlling
Stormwater Management Te
l
' dgR
COMri..Orp Drainage Area or Moedalbn Dwlpn 9lorm
Tailwater
<300 tins. io-yur
To address the combination of rain and tidal surge,projects a300 bee end`500Ac•a 26-84r ...
draining to tidally influenced waters must use higher elevation of: i50°eos b°`a"
Cdlleel .aa:e..Praise• 160-year
• Highest Design Tidal Elevation from Joint Probability Pairs using TablevlI.3
Tables J-12,VIII-2,and VIII-3;OR Do.nnini�c alining Probability
Elevation
• o.8 times the pipe diameter plus invert elevation of the system 10-YRDilen _ YR5M0" 60-`R0.9^ 100-YR0 iiin
discharge pipe Tido Rai" T. Rain Tide Rain Tide Rain
10-YR 1-YR 26-YR 1-YR 60-YR 1-YR 100-YR 1-YR
Projects draining to non-tidal water bodies,must use higher 1-YR 10-YR 2-YR 2-YR 2-YR 60-YR 3YR 100.YR
elevation of:
TABLE J-12
Design Tidal Elevations for Virginia Bach
• Design year peak water surface elevation All Elevatio.s in f..t relative to the North American Vertical Datum(NAVD)of 19110
using Table VIII-2 to determine design year,OR Litt," 1- :. 3- s 10- a11- Do- 10o- 60o-
L.wi YR YR YR YR YR YR YR YR YR
• o.8 times the pipe diameter plus invert elevation • 31 3.0 ..0 .. 62 68 8.2 87 es
Cond
Lyn..Boy
of the system discharge pipe d,6.ou,, 18R5LR ae 61 55 5.9 87 73 -77 82 100
Bran
30DSLR 83 8.9 73 77 85 92 9.8 10.1 120
--------------
M3AilAlc'Works
June 2, 2020
12
CITY MANAGER'S BRIEFINGS
PUBLIC WORKS DESIGN STANDARDS MANUAL
ITEM#70286
(Continued)
Here is an overview of the Stormwater Management Groundwater Flow changes:
•
r .
Stormwater Management .; • ; ` ,•
Groundwater Flow y '°
hi! al
1 1 ! Infiltration 1
Water Table -- -_
_ cr°undwaterFlow Directi°i' `• ' .� -_
Aquifer
akriublic Works �9
Stormwater Management
TWA VBi.
Groundwater
Groundwater B.sB.w.According To Drainage AM
Drags Are*Ms D.virs.r•• s.....1 Bp a.a..
Prol.0 ne.sao.ur(Aa.o• (e.a.)
• Designs must address Groundwater Baseflow 0.2
• Requirement to add Groundwater Baseflow to 10 md< 0'
>100 and<250 12
peak flow rates >250 w01<500 2J
• Based on Study commissioned by the City "0
0
<1000
w�lvie h Public Wa.>1000 s
rorwCatr
Average varies between T
6"and 5'below the
o.w.a.er.,.a a.l..ea. surface depending on
e.e.wlon Coe.aMew....a
100000.0 location,amount of
--• pnedpltatlon,and time _2-
of year Groundwater level
•
�t Public WorksID
June 2, 2020
13
CITY MANAGER'S BRIEFINGS
PUBLIC WORKS DESIGN STANDARDS MANUAL
ITEM#70286
(Continued)
Here is an overview of the Scope of the Independent Analysis of the Design Standards Manual:
•
Independent Analysis
• Third Party Independent Analysis
• Scope:
- Review Draft Design Standards
- Evaluation of effort to comply with New
Stormwater Design Standards
- Review Stormwater Model Development
Methodology
- Feasibility of Automated Design Integration
Capabilities
- Comparison of Stormwater Designs of previously
approved Site Plans(4),current vs proposed
standards
NESitibieWorks
Here are the four(4)Site Locations chosen to be analyzed and compared between current and proposed
standards:
ooe-i DB 20
DB5
Independent Analysis „ „Ca ,
We Ra•lnq Drne
Site Locations �e2217 uW Bach BRURaard De
Site 1-Hilltop Car Wash
624 Regency Drive
Dee
wrinia Aqua6um Mesh Pwwu•
Site 2-Atlantic Eye Care 901 General Bode RRe.b
4217 Virginia Beach Boulevard -
Site 3-VA Aquarium March Pavilion
8oi General Booth Boulevard
DB 10 085
DB 13
Site 4-Princess Anne Middle School DB 15
2509 Seaboard Road
DB 14 ./ Princess Rene Middle School DB 20
2509 Seaboard Road`
�Qt7Public Works
June 2, 2020
14
CITY MANAGER'S BRIEFINGS
PUBLIC WORKS DESIGN STANDARDS MANUAL
ITEM#70286
(Continued)
Here is an overview of Hilltop Car Wash:
Independent Analysis ,
Site 1: Hilltop Car Wash . ,
624 Regency Dr.
• Lot Size:±2 acres
• Disturbed Area:±1.3 acres
• Existing Use:Undeveloped z
• Proposed Use:Commercial41.1
Q ! - ' ' ' \\ � � � ttitlt
E * .-
1flawarallsaft4.Sam
� Illllllili
octt..•.F•.-, xr..r,c.w
\3Public Works®
IndependentAnalysis
Site 1: Hilltop Car Wash
624 Regency Dr.
Summary of Results: Hilltop Car Wash st.nnw.ter Management Design Summary
Draft
• Initial increase in too-yr flood but eliminated current Standards
with model refinement "'" Standards with 1.5' %t""•'••
SLR
• 6o%increase in minimum required storage SWMF/BMP
• 60%increase in minimum required BM P (CFr).g.Volume 12.350 19.780 80%
footprint
SWMF/BMP 5,107 8,170 80%
• 45%increase in stormwater infrastructure cost Footprint(SF)
• Design not influenced by 1.5'SLR samw.ar
Inh.strucWre(:osl $195,000 5283,000 45%
•
Pipe size increases not required
• Site grading/finished floor elevation
adjustments not required
Note:Original approved plan provided excess capacity.
Therefore,original design re-analyzed to determine
minimum amount of storage needed for fair comparison.
7t Public Works m
June 2, 2020
15
CITY MANAGER'S BRIEFINGS
PUBLIC WORKS DESIGN STANDARDS MANUAL
ITEM#70286
(Continued)
Here is an overview of Atlantic Eye Care:
Independent Analysis
Site 2: Atlantic Eye Care
4217 Va.Beach Blvd
• Lot Size:±0.6 acres j i I I
• Disturbed Area:±0.3 acres I{
• Existing Use:Commercial/Residential I
• Proposed Use:Commercial t I I
N --
AVirginia Beach Blvd
Th I
uPnd ♦ .
IJ ii n llnr
z waver.
ens\ a. -z z T ......
Southern Blvd Thane VUhIa;'e:;,o
resale View a a' O •
\ Public Works �5
Independent Analysis
Site 2: Atlantic Eye Care
4217 Va.Beach Blvd
Atlantic Eye Can Stormwatar Management Design Summary
Summary of Results:
men
• No increase in minimum required storage n.m Curren` Standards x Increase
Standard. with 1.5'
• No increase in minimum required BMP SLR
footprint SwMF/BAW
foot
P Storage Volume 1,750 1,750 0%
• No increase in stormwater infrastructure cost tcF>
• Design not influenced by 1.5'SLR F0000tpn�(S) 1,430 1.430 0%
• Pipe size increases not required stormwater
Infrastructure Cost 0%
• No loss in parking stalls
• Site grading/finished floor elevation
adjustments not required
Public Works 11
June 2, 2020
16
CITY MANAGER'S BRIEFINGS
PUBLIC WORKS DESIGN STANDARDS MANUAL
ITEM#70286
(Continued)
Here is an overview of Virginia Aquarium Marsh Pavilion:
IndependentAnalysis / --„„. -
4. 1
Site 3: Virginia Aquarium ,-\ -,.
Marsh Pavilion �� �'
801 General Booth Blvd -
• Lot Size:+25.7 acres ,,t
• Disturbed Area:±5.4 acres
/ -t zs• Existing Use:Undeveloped/Zoo Garden . :,
• Proposed Use:Zoo Garden 1, t
dfrei* ij ja
I
'wZ +�'' s=— j _�_____ ____
s.
J.
`„ Sources Eel.HERE,tiarmin, CC:r � `- _ A
uses MOnnup,INCREMENT in�°^r". '1' '* -
P NRC. Esn Japan,METE m_w+^•••+ 4 -}. 3 s_" * Y
En China(Hong Kong).Esn IJ- - _,- [ ..., _.,,
tick c Works ''
Independent Analysis
Site 3: Virginia Aquarium
Marsh Pavilion
801 General Booth Blvd Virginia Aquarium Stamwat°r Management Design Summary
I Draft
Summary of Results: Item Current Standards x In••"•
Standards with 1.6' with SLR
• 290%Increase in minimum required storage SLR
SWMF/BMP
Storage o.ss z.ts zgo%
• 25o%Increase in minimum required BMP
(AC-FT)
footprint
SWMF/BMP 0.31 1.1 250%
• 46%Increase in stormwater infrastructure Footpnnt(AC)
costs
stormwator $200,000 S292,000 46%
• Design influenced by 1.5'SLR no-eao-"`mre coat
• Larger pipes required
• Site grading/finished floor elevation
adjustments not required
Public Works la
June 2, 2020
17
CITY MANAGER'S BRIEFINGS
PUBLIC WORKS DESIGN STANDARDS MANUAL
ITEM#70286
(Continued)
Here is an overview of Princess Anne Middle School:
- �6 -gig:, -.ow
7�
Independent Analysis ��,,,,
Site 4: Princess Anne _ 1 s�-' -7 Zt'1 f ia,
Middle School , ram- t, -:)
2509 Seaboard Road =1
• Lot Size:±24.3 acres sR
• Disturbed Area:±25.6 acres*
• Existing Use:Commercial ' e .
}
• Proposed Use:Commercial
M
,,P1a1 ,.
is
h pwaca.a"'ow ‘ Sri ,\ ( L
0 0 t _.... ,-;,
191g,,111111E _i: —� '' C:I
. .,..0, __
SAW 131.s
West Neck r-\ r-r Cl, „
it �,leak PaA � � ` � �� ) l II El �<c .
•.Area Includes minor off-site work V1 Public Work.m
Independent Analysis
Site 4: Princess Anne
Middle School
Prtneess Anna Middle School
2509 Seaboard Road Stonnwatar Management Dea/gn Summary
Draft
Summary of Results: kern currant Standards %l�rma
Standards with 1.5'
• 26%increase in minimum required storage SLR
SWMF/BMP
• 25%increase in minimum required BM P Storage Volume 2.7 3.4 20%
footprint (AC-FT)
SWMF/BMP 1.8 2.0 25%
• iz%increase in stormwater infrastructure cost Footpnnl(AC)
• Design not influenced by 1.5'SLR stormwater
Inh...t.r.cost $1,850,000 51,870,000 12%
• Pipe size increases not required
• Site grading/finished floor elevation
adjustments not required
Ni3Blibfic-Worksill
June 2, 2020
18
CITY MANAGER'S BRIEFINGS
PUBLIC WORKS DESIGN STANDARDS MANUAL
ITEM#70286
(Continued)
Here are the Conclusions:
Independent Analysis
Conclusions
• Impacts to site development resulting from new Kimley>Horn
design standards are very much site dependent Review of Draft
• Impacts of Sea Level Rise on site design affected only Public Works Design
i of the 4 sites analyzed Standards Manual
• SWM design costs will increase
&&rated b.Cey of Wprw Beech.VA
• Incorporating the new SW design standards will DM M0d12020
prevent increase in upstream and downstream
flooding,for 100-yr event
Yi7Public Works
Here are the Recommendations:
Independent Analysis
Recommendations:
• The following changes were made to the PWDSM,
based on recommendations: Kimley'»Horn
.. EPA SWMM not required for sites:
Review of Draft
• With total disturbed area less than 20,000 sf;OR Public Works Design
• That provide io%or greater reduction in Standards Manual
impervious area from existing
2. Requirement to evaluate more intense storms with sw•n.oro`wywvwmee«rn VA
Date March zrm
higher than ioo-year frequency and 24-hr duration
removed 1.43
• Max design storm limited to too-year storm ~�
3. Requirement to assume fully saturated soils for
site runoff removed
PublcWorks
June 2, 2020
19
CITY MANAGER'S BRIEFINGS
PUBLIC WORKS DESIGN STANDARDS MANUAL
ITEM#70286
(Continued)
Here is the Purpose of the Stormwater Management Ordinance:
Stormwater Management Ordinance
r Purpose
"The purpose of this Ordinance is to ensure the
t G general health,safety,and welfare of the citizens of
the City of Virginia Beach and protect the quality and
quantity of state waters from the potential harm of
unmanaged Stormwater,including protection from a
land disturbing activity causing unreasonable
degradation of properties,water quality,stream
_ channels,and other natural resources,and to
s "'- _ establish procedures whereby stormwater requirements related to water quality and quantity
%•'4, � shall be administered and enforced."
Pub c Wodw
Here are the Major Changes:
Stormwater Management Ordinance
Major Changes
• Sec.1-3.-Definitions .4. our-
-4 Added/Revised •
• Sec.1-7.-Review of stormwater management plans ; r
-�Must submit a construction record drawing for pipes .44
swales and/or ditches in addition to stormwater
management facilities.
• Sec.1-13.-Water quantity,Sec.1-25.-Stream channel erosion " "
&Sec 1-26.-Flooding x •
-r Requirements added to protect both upstream,
downstream and adjacent properties from impacts due to
flooding it"•
'':
• Sec.1-15.-Design storms and hydrologic methods
-i Must increase the NOAA Atlas 14 design storm rainfall
depths by 20%
-+Must use dynamic modeling(PCSWMM)to analyze the pre
and post development conditions except for areas less
than 20,000 sq.feet or 0.5 acres `�
�7PubIic Works 34
June 2, 2020
20
CITY MANAGER'S BRIEFINGS
PUBLIC WORKS DESIGN STANDARDS MANUAL
ITEM#70286
(Continued)
Transition to New PWDSM
..
• PWS&S can be used if project accepted for review
c*r but not approved prior to or within 3o days of
CPWDSM adoption date
AN G E • Development plans must obtain approval from the
ACA D City within 18o days of PWDSM adoption date
C • DSC will continue to serve as primary point of
contact for private development projects
Transitioncoordinating as necessary with Public Works
.K, VB?a ?are-Works
Here are the Next Steps:
r
Next Steps
June 16-City Council Formal Session
Public Hearing and Vote
• _ —> July Bozo-Submit more stringent list to
DEQ
(17
tiv
NBPublic Works
June 2, 2020
21
CITY MANAGER'S BRIEFINGS
PUBLIC WORKS DESIGN STANDARDS MANUAL
ITEM#70286
(Continued)
"Adopting higher standards will be more expensive, but
keeping the same standards will increase risk.
Either way, there is a cost."
HRPDCCoastal Resiliency Working Presentation
VBPublic Works 37
NiB
Public Works
.440,4
Discussion
'ter
is
Mayor Dyer expressed his appreciation to Mr. Pullen for the presentation.
June 2, 2020
22
CITY MANAGER'S BRIEFINGS
HURRICANE PREPAREDNESS UPDATE
ITEM#70287
3:04P.M.
Mayor Dyer welcomed Erin Sutton, Director— Office of Emergency Management. Mrs. Sutton expressed
her appreciation to City Council for their continued support:
; • 0 urricane Season
11 lj '1 ' 1
Update
4r Erin Sutton,Office of Emergency Management Director
Here are the 2019 Named Storm Tracks:
2019 Named Storm Tracks ; •
'fir- 4
Melissa
Chantal *�
Humberto
Donn (ta
Andrea
Sebastian
- Olga Nestor �• 1
Fernand \
Lorenzo
Karen
June 2, 2020
23
CITY MANAGER'S BRIEFINGS
HURRICANE PREPAREDNESS UPDATE
ITEM#70287
(Continued)
The 2020 Atlantic Hurricane Season is expected to be an above normal season:
2020 Atlantic Hurricane Season Ou 171
30 Named storms
13-19
10 60°° Hurrican
6-10
ajar hurricane
3-6
Above-normal Near-normal Below normalsea '
Season probabiluty
Be prepared:Visit hurricanes.gov and follow @NWS and @NHC_Atlantic on Twitter.
Here is Virginia Beach Response:
Virginia Beach Response
r
• City Emergency Operations Plans r 1
• Department Plans
•WebEOC, ArcGIS, SharePoint
• Exercise and Training ` -: ' - 1-h_
•Weather emails and briefs
• Emergency Website -
V Q:,)
June 2, 2020
24
CITY MANAGER'S BRIEFINGS
HURRICANE PREPAREDNESS UPDATE
ITEM#70287
(Continued)
Hurricane Review
-k r►
• City-wide Storm Preparation
• Emergency Operations Center-staffing
• Data Collection-activate finance and HR
portions of ICS-also now incorporate OEM
dashboard
• Internal and External Communication-
Identifying impacted staff and activating JIC 1.11
r
• Emergency Plans and Policies-improving
policies as well as training for employees
• Short Term and Long-Term Recovery
Here is Other OEM Items:
Other OEM Items
• Basic Plan and Emergency Support Functions will . •
be completed and presented to Council this _ _
summer.
• Hurricane Plan and the Evacuation Plan will be
updated this year
• All departments have been working to update
these documents due to the COVID-19 response.
• Damage Assessment Software Implementation c -
will continue with departments in the future
• WebEOC has gone through major updates and we ;`_ _' -
will continue to fine-tune,we are working on r #‘1
r �--
providing on-line training.
June 2, 2020
25
CITY MANAGER'S BRIEFINGS
HURRICANE PREPAREDNESS UPDATE
ITEM#70287
(Continued)
Here is an overview of the Hurricane Evacuation Study with updated Clearance Times:
Virginia Regional Tiered Evacuation Clearance Times
Hurricane Evacuation Study Zone boat
tiatio MeaancTone
o ;
Participation Rate
A 29
BIA+BI 45
Jurisdiction Evacuation Zone Population C(A•B.q 56
Mdand 6,445 D)A.B.C.D) 67
32,415
, -= 102,352
Virginia Beach C 169,730
738,016
74,622
stS
Southsiele
0IMENEME
•
Here are a few of the Sheltering Improvements:
Improving Sheltering
• Expanding the capacity
• Stronger buildings _'
•
• KellamHS
• Brickell Academy
•
• Special considerations - pr
• Medically-Friendly """{—
• Pet Shelter
.
• Tiered Approach to opening tiro. 1,
• COVID-19 Assessments
,
June 2, 2020
26
CITY MANAGER'S BRIEFINGS
HURRICANE PREPAREDNESS UPDATE
ITEM#70287
(Continued)
Sheltering plans must include COVID-19 measures:
COVID-19 ' .
0
• Social distancing requirements
• Executive Orders/mandates
• PPE requirements and utilization .r
• Developing plans utilizing
congregate shelter during "" `op
COIVID-19 Pandemic. A i�1 0 ft
combination of hotels,schools,
and recreation centers can be 4
utilized.
Get started and make a plan today!
KR El -4)- -4i)
PERSONAL FAMILY FINANCIAL DAMAGE COMMUNITY
SAFETY PREPAREDNESS SECURITY PREVENTION SERVICE
Know Your Build a Disaster Have an Strengthen Help Your
Evacuation Zone Supply Kit Insurance Checkup Your Home Neighbor
June 2, 2020
27
CITY MANAGER'S BRIEFINGS
HURRICANE PREPAREDNESS UPDATE
ITEM#70287
(Continued)
QUESTIONS
Always have different ways to get
informed during an emergency.
i
•
it• r. g.
® an emergency.always listen Flood MSUmmnce Is a drop in the bucket
to Duringng) emergency
compared to the cost of flood damage.
Check sour coverage today.
#Belnformed n,.,a� #Belnformed ar,dy #Belnformed aew!
Mayor Dyer expressed his appreciation to Mrs. Sutton for the presentation.
June 2, 2020
28
ADD ON
CIVIL UNREST UPDATE
ITEM# 70288
3:39 P.M.
Vice Mayor Wood requested Steven R. Cover,Deputy City Manager,provide an update on the Civil Unrest
that occurred in the City on Sunday,May 31'and Monday, June 1st.
Mr. Cover advised on May 31, 2020, there was a peaceful march in the afternoon that turned violent with
injuries, damage to property and arrests. Mr. Cover advised Police did their best to implement processes
and procedures in preparation for protestors, as it was relayed to the Police Dept there would be a peaceful
protest. Mr. Cover expressed his appreciation to law enforcement agencies from Norfolk, Chesapeake,
Suffolk, and the State Police, who responded to the City's request for support on short notice. Mr. Cover
additionally expressed appreciation to business owners for their resilience and to the public works staff
who cleaned up the area afterwards.
Mr. Cover introduced and turned the brief over to Tony D. Zucaro, Interim Police Chief.
Chief Zucaro advised Captain Wichtendahl was notified by a community member at approximately 10:30
A.M., that a group would gather at Birdneck and Virginia Beach Boulevard to peacefully demonstrate from
there to the Ocean Front ending at the Police Department's 2nd Precinct. Chief Zucaro advised he arrived
at the precinct and met with Captain Wichtendahl to address the group and began mobilizing resources to
allow the group to protest peacefully. The conversation was good and was live streamed by someone in
the group.
Chief Zucaro advised he was informed at approximately 4:30 P.M., that another group would descend on
the city of Norfolk and then arrive in Virginia Beach at 7:57 P.M. Chief Zucaro attempted to meet with the
organizer of the group at 7:30 P.M but was unable to connect. At approximately, 8:00 P.M, there were
between 50-75 individuals in the Rudy Loop area but he could not identi6,leader. Chief Zucaro advised
Police Officers were positioned on the side of the street with a police vehicle and bike patrol officers in
front to guide a path for the crowd to travel on Atlantic Avenue. The group began to traverse Northbound
on Atlantic Avenue and quickly grew to approximately 700 individuals as it continued. Chief Zucaro
advised he observed the group who sang and chanted, a woman deploying smoke, and many people with
backpacks reaching in to get fabric/bandana to be placed over their masks. The crowd continued to 25`''
Street where a group slowed down, took a knee, laid in the street and another kneeled on his neck to simulate
the incident in Minneapolis. The group made a left on 32"d Street and then traveled Southbound on Pacific
Avenue. As the group traversed on Pacific Avenue, bottles were thrown at police, the crowd surrounded a
police vehicle while one person jumped on the vehicle to instigate the crowd, other police vehicles had
windows kicked out and trash cans were thrown at police and business. Chief Zucaro advised at
approximately, 10:30 P.M he declared an unlawful assembly with the primary purpose to protect life and
property, not to make arrests. Chief Zucaro advised tear gas was deployed to disperse the crowd as best
as possible while waiting for additional resources who were called from other police departments to assist.
June 2, 2020
29
CIVIL UNREST UPDATE
ITEM# 70288
(Continued)
Chief Zucaro advised at approximately 5:00 A.M. he assessed injuries and damage, two (2)police officers
were injured; one was hit on the head/neck area with a cinder block and the second police officer had a
twisted ankle, five (5) police vehicles and approximately fifty (50) businesses were damaged. Of the
nineteen(19)arrests; two(2)were charged with felonies,sixteen(16)charged with misdemeanors and one
(1) traffic violation. Of those arrested;four (4) reside in the City, eight (8) in Hampton Roads,four (4)
outside of Hampton Roads, and two (2)from other areas of the country.
Chief Zucaro advised he met with his leadership team to de-mobilize and made operational plans to include
advocating for a Governor's Emergency Order for a curfew which provides an enforcement tool to mitigate
criminal activity. Chief Zucaro advised there are 132 municipalities currently experiencing protests and
have a curfew in place.
Chief Zucaro advised on Monday, June IS`, he was informed more protestors planned to block 1-264 near
Military Highway where some may descend on Town Center. Chief Zucaro advised arrangements were
made with the State Police, as well as Chesapeake,Portsmouth and Norfolk Police Departments to provide
support. The Norfolk Police convoy were stopped by protestors on 1-264 and had to manage that incident
before arriving at Town Center. Chief Zucaro advised he signed a letter with Mayor Dyer concerning the
Executive Order and provided it to the public via news stations, all social media platforms,police radio
announcements, bulletin, internet. Police supervisors were informed the key piece of the Executive Order
is "VOLUNTARY COMPLIANCE".
Chief Zucaro advised there were approximately 30-45 individuals gathered at the intersection of Virginia
Beach Boulevard and Independence Boulevard, the protestors arrived with signs, backpacks, and one male
wore a ballistic plate and had bottles of a caustic substance, goggles and axe handle in his backpack. A
handgun was observed being passed among individuals in the crowd. At approximately, 8:30 P.M, Police
announced and explained the Governor's Order but several people in the crowd did not comply. At the end
of the night there were thirty-four (34) arrests, twenty-six (26)from the City and eight (8) were Hampton
residents. Chief Zucaro advised the night concluded with Police positioned around high valued assets in
the City with the National Guard positioned around Pembroke and Lynnhaven Malls and one hundred
(100) officers from the Sheriff's Office positioned around the Municipal Center.
Chief Zucaro advised one (1) citizen was injured by a private vehicle but there were no major injuries or
significant damage. Chief Zucaro expressed his appreciation to all the Police Officers who exhibited
restraint and professionalism and demonstrated commitment to core values and a well trained and
equipped police department.
Chief Zucaro concluded his briefing with a short video taken of the demonstration at 5th Street on May 31st
June 2, 2020
30
CITY COUNCIL LIAISON REPORTS
ITEM#70289
4:23 P.M.
Council Member Moss advised the Virginia Beach Community Development Corporation (VBCDC) has
completed, all but six (6), of their Audit Report findings and will provide City Council a presentation on
their progress.
June 2, 2020
31
CITY COUNCIL COMMENTS
ITEM#70290
4:24 P.M.
Council Member Rouse advised he listened to Chief Zucaro's report on the protests and believes there is a
lot to learn on both sides. Council Member Rouse advised he heard the focus of the briefing was on the
damages done and not the reason why,people of all backgrounds, are protesting. Council Member Rouse
expressed that while no one has the right to loot or damage property, he believes acknowledgement needs
to be given to African Americans in the City and throughout the country who are in pain. It is not enough
to talk only about "broken glass windows"and not mention George Floyd, Sandra Bland, Tamir Rice and
so many others who experienced injustices that continue to happen to African Americans. Council Member
Rouse advised there are briefings and updates on Hurricanes and COVID-19, which is killing a higher
number of African Americans. Council Member Rouse advised there are social injustices happening in the
City now and have been since years ago when slaves were sold at the Princess Anne Courthouse and asked
why that pain is not being discussed and acknowledged? Council Member Rouse expressed he and his
family are in pain. Council Member Rouse advised he walked with the "Black Lives Matter"group on May
31'who were peaceful, advising information needs to be accurate as there are people who are trying to
discredit them just as was done to the Black Panther Party, Martin Luther King, Jr., and Malcom X
Council Member Rouse advised he will not attend the Formal Session so that he can stand in solidarity
with clergy around the City who value human lives and acknowledge black lives do matter.
June 2, 2020
32
CITY COUNCIL COMMENTS
ITEM#70291
(Continued)
Council Member Moss advised the application for Willis Wayside includes a requirement for a dry retention
pond and displayed a picture of the area filled with water. Council Member Moss advised the retention
pond was identified in August 2018 as non-compliant;however, no action was taken and is now dependent
on the result of the current application for another parcel at the same location. Council Member Moss
expressed his concern for similar non-compliance issues throughout the City.
June 2, 2020
33
CITY COUNCIL COMMENTS
ITEM#70292
(Continued)
Council Member Moss requested the following:
- Information from the City's lobbyist concerning the reauthorization of the Federal Highway
Trust Fund
- Electronic copy of the EBusiness Grants
- The total Personal Property and Real Estate Tax collected after the June 4`"deadline
- Status on the School's$7.7-Million which was restored for School renovations
- Date when Open Dialogue will be held again
June 2, 2020
34
CITY COUNCIL COMMENTS
ITEM#70293
(Continued)
Council Member Henley expressed her appreciation to everyone who planned and organized the very
poignant remembrance of the May 31'Tragedy held at 4:06 P.M. on Sunday, May 31, 2020.
June 2, 2020
35
CITY COUNCIL COMMENTS
ITEM#70294
(Continued)
Council Member Berlucchi recognized the City's Police Department as one of the best in the world and
has the upmost confidence in them and the facts show a low use offorce record, especially for a city of this
size and advised it is City Council's responsibility to make changes in policy so everyone is treated with
respect and dignity.
June 2, 2020
36
CITY COUNCIL COMMENTS
ITEM#70295
(Continued)
Council Member Tower advised he did not want Council Member Rouse to leave the meeting without
knowing he supports him and has seen the effects of racism. Council Member Tower advised this is a great
opportunity to make this a better world for everybody, especially our African American friends who deserve
much better than they have received.
June 2, 2020
37
CITY COUNCIL COMMENTS
ITEM#70296
(Continued)
Council Member Wooten advised she sent an email to Council Members requesting support to send a letter
as a body focusing on the recent events in Minneapolis,so citizens know how City Council stands. Council
Member Wooten feels it is important to have a unified statement.
June 2, 2020
38
CITY COUNCIL COMMENTS
ITEM#70297
(Continued)
Mayor Dyer advised there have been a lot of great comments and believes City Council will be unified
moving forward. Mayor Dyer advised he has requested City leaders and Council Members to come
together on June 5 h to start a dialogue that will build bridges by learning what we have in common instead
of what divides us.
June 2, 2020
39
AGENDA REVIEW SESSION
ITEM#70298
4:43 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
J. ORDINANCE/RESOLUTION
1. Ordinance to DECLARE easements at the corner of Market and Columbus Streets in EXCESS
of the City's needs, CONVEY easements to Stokes Properties, L.L.C., and AUTHORIZE
temporary encroachments re development of hotel at Town Center
2. Resolution to GRANT permits re ALLOW Emergency Medical Services Agencies to operate in
the City:
a. American Lifeline Medical Transport, Inc.
b. American Medical Response Mid-Atlantic, Inc.
c. Cardinal Ambulance Services, Inc.
d. Children's Hospital of the Kings Daughters
e. Delta Medical Transport, Inc.
f Endurance Medical Transport, LLC
g. Lifecare Medical Transports, Inc.
h. Medical Transport, LLC
i. Nightingale Regional Air Ambulance, Inc.
j. Reliance Medical Transport, LLC
k. Robbie's Ambulance Service, Inc.
1. Special Event Providers of Emergency Medicine, Inc.
m. Tidewater Medical Transport, Inc.
J. ORDINANCE/RESOLUTION:
VICE MAYOR WOOD WILL ABSTAIN ON ITEM#2d
June 2, 2020
40
AGENDA REVIEW SESSION
ITEM#70298
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
K. PLANNING
1. BISHARD FAMILY REAL ESTATE, LLC for a Variance to Section 4.10) of the Subdivision
Regulations re subdivide the existing parcel into three(3)lots at 312 Gatewood Avenue DISTRICT
6—BEACH(Deferred from February 18, 2020)
2. MARTIN& JUNE KERNUTT/THE KERNUTT FAMILY REVOCABLE LIVING TRUST for
a Variance to Section 4.4(b) of the Subdivision Regulations re properly record plat for existing
single-family dwelling at 1413 Mill Landing Road DISTRICT 7—PRINCESS ANNE
3. FRANKLIN JOHNSTON GROUP MANAGEMENT& DEVELOPMENT, LLC/SECURITY
STORAGE& VAN COMPANY OF NORFOLK, VIRGINIA, INC.for a Conditional Change of
Zoning from I-1 Industrial to Conditional A-36 Apartment re develop up to 160 multi family units
at 4545 South Boulevard DISTRICT 3- ROSE HALL (Deferred from February 18, 2020)
4. JUDEO-CHRISTIAN OUTREACH CENTER,INC for a Conditional Use Permit re single
room occupancy facility and a Modification of Conditions re group home at 1049& 1053
Virginia Beach Boulevard DISTRICT 6—BEACH(Rescheduled from March 17, 2020)
5. KODU,LLC& OCEAN PROPERTIES,LLC for a Modification of Conditions re motor vehicles
sales at 1159& 1165 Lynnhaven Parkway DISTRICT 3—ROSE HALL (Rescheduled from March
17,2020)
6. JUSTIN MILEY/JUSTIN& MARGARET MILEY and CHRISTINE KOMMNICK for a
Conditional Use Permit re residential kennel at 3253 Hungarian Road
7. SUZANNE NICOLE RUPP/TRAVIS CHESTER RUPP for a Conditional Use Permit re
home-based wildlife rehabilitation facility at 1916 Kempsville Crossing Lane DISTRICT 1 —
CENTERVILLE(Rescheduled from March 17, 2020)
8. Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan the
Virginia Beach Resort Area Strategic Action Plan 2030 and AMEND Sections 1.1 and 1.2 re
Resort Strategic Growth Area, as amended on pages 41 and 42 (Rescheduled from March 17,
2020)
K. PLANNING ITEMS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#3 WILL BE CONSIDERED SEPARATELY
ITEM#4 WILL BE CONSIDERED SEPARATELY
ITEM#8 WILL BE CONSIDERED SEPARATELY
June 2, 2020
41
ITEM#70299
Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff members or consultants pertaining to actual or probable litigation,
where such consultation or briefing in open meeting would adversely
affect the negotiating or litigating posture of the public body
• Latasha Holloway v. City of Virginia Beach
• Estate of Jeffiey Tyree v. Colas& Tufi Williams
PROSPECTIVE BUSINESS OR INDUSTRY:Discussion concerning a
prospective business or industry or the expansion of an existing business
or industry where no previous announcement has been made of the
business'or industry's interest in locating or expanding its facilities in the
community pursuant to Section 2.2-3711(A)(5).
• Princess Anne District
PERSONNEL MATTERS: Discussion, consideration, or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees of any public body
pursuant to Section 2.2-3711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees,Authorities,Agencies and Appointees
June 2, 2020
42
ITEM#70299
(Continued)
Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council voted to
proceed into CLOSED SESSION at 4:48 P.M.
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
Closed Session 4:48 P.M. —5:45 P.M.
June 2, 2020
43
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
JUNE 2, 2020
6:00 P.M.
Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the
City Council Chamber, City Hall, on Tuesday, June 2, 2020, at 6:00 P.M
Council Members Present:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Aaron R. Rouse—Attending an event at Mt. Trashmore
INVOCATION: Council Member Wooten
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard
Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite
102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size
of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an
interest in numerous matters in which she is not personally involved and of which she does not have
personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and
Local Government Conflict of Interests Act(the "Act'), it is her practice to thoroughly review the agenda
for each meeting of City Council for the purpose of identifying any matters in which she might have an
actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she
identifies a matter in which she has a `personal interest,"as defined in the Act, she will file the appropriate
disclosure letter to be recorded in the official records of the City Council. Council Member Wilson
regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record.
June 2, 2020
44
Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes
Goodman and receives income from the firm as a result of her late husband's employment. The income is
proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an
employee of Dixon Hughes Goodman, does not have any role in management of the company and does is
not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of
transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters of which
she has no personal knowledge. In that regard, she is always concerned about the appearance of
impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon
Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the
State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review
each City Council agenda to identify any matters in which she might have an actual or potential conflict.
If, during her review of an agenda,she identifies a matter in which she has a `personal interest", as defined
by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk
to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015 is
hereby made a part of the record.
June 2, 2020
45
ITEM#70300
Mayor Dyer read the following statement:
In accordance with Virginia Code Section 2.2-3712(b), City Council will hold
Closed Session meetings at an undisclosed location within the next fifteen (15)for
the purpose of interviewing candidates for the position of City Manager. No votes
will be taken, other than the vote to convene into Closed Sessions. Any vote to
appoint a candidate to the position of City Manager will occur at a subsequent
Public Meeting,for which public notice will be provided in accordance with the
provisions of the Virginia Freedom of Information Act. Certification of the Closed
Sessions will take place a subsequent Formal Session of the City Council.
June 2, 2020
46
ITEM— VI-E
CERTIFICATION
ITEM#70301
Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council CERTIFIED
THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Aaron R. Rouse
June 2, 2020
G 41A•BEAc
Ok v%f - .
' 2,
g
*-, 'C.,---;=,. ,...: , ,
f,0, . ,
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM#70299 Page 42 and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
Am da es, MMC
City Clerk June 2, 2020
47
ITEM-VLF.
MINUTES
ITEM#70302
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED the
MINUTES of the SPECIAL SESSION BY ELECTRONIC MEANS of April30,2020
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Aaron R. Rouse
June 2, 2020
48
ITEM-VLF.
MINUTES
ITEM#70303
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED the
MINUTES of the SPECIAL SESSION BY ELECTRONIC MEANS of May 5,2020
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Aaron R. Rouse
June 2, 2020
49
ITEM-VLF.
MINUTES
ITEM#70304
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED the
MINUTES of the SPECIAL SESSION of May 7, 2020
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Aaron R. Rouse
June 2, 2020
50
ITEM-VLF.
MINUTES
ITEM#70305
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED the
MINUTES of the SPECIAL SESSION of May 12,2020
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Aaron R. Rouse
June 2, 2020
51
ITEM-VLF.
MINUTES
ITEM#70306
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED the
MINUTES of the SPECIAL SESSION BY ELECTRONIC MEANS of May 14,2020
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Aaron R. Rouse
June 2, 2020
52
ITEM— VI.G.1
BID OPENING
ITEM#70307
Mayor Dyer DECLARED A BID OPENING:
BIDS FOR NON-EXCLUSIVE FRANCHISE AGREEMENT
Pursuant to Virginia Code Section 15.2-2102, the Chair will now summarize the bids that have been
received for a Non-exclusive Franchise Agreement for the purpose of constructing, installing, operating
and maintaining the Company's underground and overhead transmission lines, fiber, collection and
communication lines,facilities and associated equipment to support the Company's offshore wind energy
projects off the coast of Virginia.
One bid has been received. Kitty Hawk Wind, LLC has bid the following:
-20-year franchise with two (2)additional 10-year options to renew, not to exceed
forty years
Are there any other persons that desire to submit a bid at this time?
There being no further bids, the bidding is closed.
City staff has evaluated the bid received from Kitty Hawk Wind, LLC, and recommends that additional
public outreach and information be presented in the form of a public briefing,followed by an additional
Publi Hearing and vote to be scheduled at a later date.
A Public Hearing was advertised for today's meeting, and there will be another opportunity for public
comment at a later date.
We will now open a Public Hearing for the proposed Non-exclusive Franchise Agreement to install
infrastructure and equipment in the City's rights-of-way for offshore wind energy projects.
June 2, 2020
53
ITEM— VLI.1
PUBLIC HEARING
ITEM#70308
Mayor Dyer DECLARED a PUBLIC HEARING:
NON-EXCLUSIVE FRANCHISE AGREEMENT
Kitty Hawk Wind, LLC
The following registered to speak:
Craig Poff, 1125 North West Couch Street, Portland, Oregon, Phone: 484-678-2702, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING
June 2, 2020
54
ITEM— VLL1
FORMAL SESSION AGENDA
ITEM#70309
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED, BY
CONSENT, Agenda Items Ordinance/Resolution J: 1 and 2 and Planning Items K: 2, 4 (AS
AMENDED), 5, 6 and 7(WITHDRAWAL)
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Aaron R. Rouse
J. ORDINANCE/RESOLUTION:
VICE MAYOR WOOD WILL ABSTAIN ON ITEM#2d
K.PLANNING:
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#3 WILL BE CONSIDERED SEPARATELY
ITEM#8 WILL BE CONSIDERED SEPARATELY
June 2, 2020
55
ITEM— VLJ.1
ORDINANCE/RESOLUTION
ITEM#70310
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to DECLARE easements at the corner of Market and Columbus Streets in
EXCESS of the City's needs, CONVEY easements to Stokes Properties, L.L.C., and AUTHORIZE
temporary encroachments re development of hotel at Town Center-way
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Aaron R. Rouse
June 2, 2020
1 AN ORDINANCE 1) DECLARING EASEMENTS IN EXCESS
2 OF THE CITY'S NEEDS, 2)APPROVING THE CONVEYANCE
3 OF THE EASEMENTS, AND 3) AUTHORIZING TEMPORARY
4 ENCROACHMENTS ON CITY PROPERTY
5
6 WHEREAS, Stokes Properties, L.L.C. (the "Developer") is the owner of the 9,496
7 square foot parcel at 4571 Columbus Street (GPIN: 1477-54-0273), located near the
8 intersection of Market Street and Columbus Street, east of the Dick's Sporting Goods
9 Garage in Block 12 of Town Center (the "Property");
10
11 WHEREAS, the Developer has approached representatives of the City of Virginia
12 Beach (the "City") and the City of Virginia Beach Development Authority (the "Authority")
13 about constructing a 14-story, 120-room hotel on the Property (the "Project");
14
15 WHEREAS, the City owns two parcels of land adjacent to the Property, known as
16 GPINs: 1477-54-0223 and 1477-54-1273) (the "City Property");
17
18 WHEREAS, due to the size of the Property, the Developer has requested that the
19 City grant certain easements and temporary encroachments on the City Property in order
20 to satisfy requirements related to development of the Project;
21
22 WHEREAS, the easements would be for (i) non-exclusive access, (ii) a terrace at
23 the corner of Market and Columbus Streets, and (iii) drainage (collectively, the
24 "Easements"), as more specifically shown on Exhibit A and Exhibit B attached hereto;
25
26 WHEREAS, the temporary encroachments would be to allow (i) a porte-cochere,
27 and (ii) landscaping and decorative improvements (collectively, the "Temporary
28 Encroachments"), as depicted on Exhibit C, attached hereto;
29
30 WHEREAS, as part of the Project, the Developer has agreed to make certain
31 improvements and considerations requested by City staff, including upgrading sidewalks,
32 relocating and upgrading the existing public pedestrian path on the City Property, and
33 providing funds for additional trees throughout Town Center;
34
35 WHEREAS, forms of the proposed Easement and Temporary Encroachment
36 documents have been included with the package provided to City Council;
37
38 WHEREAS, to satisfy its parking needs, the Developer has requested that the
39 Authority allow use of the Town Center Public Parking System since no on-site parking is
40 planned;
41
42 WHEREAS, a recent parking study commissioned by the Authority has confirmed
43 that there is adequate excess parking to accommodate this request and the Authority
44 will vote on this proposal on March 17, 2020;
45 WHEREAS, the Developer has represented that without the City's approval of the
46 Easements and Temporary Encroachments, and without the Authority's approval to use
47 the Town Center Public Parking System, the Project would not be possible, nor would the
48 improvements requested by the City be constructed;
49
50 WHEREAS, City staff supports the additional hotel inventory at Town Center and
51 further supports granting and authorizing the Easements and Temporary Encroachments;
52 and
53
54 WHEREAS, City Council is of the opinion that developing the Property, as
55 proposed by the Developer, will have an overall positive impact on the City of Virginia
56 Beach and its citizens.
57
58 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
59 VIRGINIA BEACH, VIRGINIA:
60
61 1. That the Easements contemplated herein are hereby declared to be in
62 excess of the needs of the City of Virginia Beach.
63
64 2. That pursuant to the authority and to the extent thereof contained in §§15.2-
65 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Developer, or its successor
66 in title is authorized to construct and maintain the Temporary Encroachments upon
67 portions of the City Property, as shown on Exhibit C, attached hereto and made a part
68 hereof.
69
70 3. That the Temporary Encroachments are expressly subject to those terms,
71 conditions and criteria contained in an agreement between the City and the Developer
72 (the "Agreement"), an unexecuted form of which has been presented to City Council in its
73 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court
74 of the City of Virginia Beach.
75
76 4. That the City Manager, or his designee, is hereby authorized to execute any
77 and all documents necessary (i) to convey the Easements to the Developer, and (ii) to
78 authorize the Temporary Encroachments, so long as the documents are in substantial
79 accordance with the Agreement and Exhibits A, B & C, attached hereto and made a part
80 hereof, and such other terms, conditions or modifications as may be acceptable to the
81 City Manager and in a form deemed satisfactory by the City Attorney.
82
83 This Ordinance shall be effective from the date of its adoption.
84
85 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day of
86 June , 2020.
THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS
OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Eco is Development City Attorney's Office
CA14857
\\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\Wpdocs\D030\PO11\00013007.DOC
R-1
March 5, 2020
EXHIBIT A
NOTES: (Page 1 of 2)
1. THE INTENT OF THIS EXHIBIT IS TO SHOW VARIABLE WIDTH PRIVATE TERRACE EASEMENT & VARIABLE WIDTH
PRIVATE INGRESS/EGRESS EASEMENT TO BE ESTABUSHED ON PART OF LOTS 1-2, BLOCK 47, GPIN 1477-54-0223.
2. NORTH MERIDIAN SHOWN HEREON IS BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE,
NAD83/93 HARN.
N/F G (J�/6Y/S SIR�ET
CITY OF VIRGINIA BEACH 0/ARABLE M101f1 R/1!)
c A MUNICIPAL CORPORATION IN FMB 5, PG 201%DB 1356 PG 235�
g z THE STATE OF VIRGINIA !Mg 110, PG 12)
(DB 1585, PG 518)
L. 4i PART OF LOTS 1-2, BLOCK 47
g o (MB 5, PG 201) o 1
a (MB 110, PG 12) N89'35'49"E 30.00' ' '
GPIN:1477-54-0223
LN 3474279.42
a •
<5 '••.•L11•. • E 12175040.71
Z L12(TIE) C4 :'
S f52N C7 C6TES
• PROPOSED VARIABLE• D WIDTH PRIVATE
J ' CS TERRACE EASEMENT I
V///A DENOTES Pn.::'
L14 .• .r- (810 SQ.FT./0.019 AC.)
PROPOSED VARIABLE WIDTH PRIVATE . •.N
INGRESS/EGRESS EASEMENT
AREA 1 (103 SQ.FT./0.002 AC.) •••. N/F
•.:.•.. STOKES PROPERTIES LLC
z INS7R. 20160727000646000)
Ct r , o ` .. '••••.'.'•• PART OF LOTS 3-6, BLOCK 47
o \••.,L3•.••. (MB 5, PG 201) I
y w k � &, k v (DB 1356, PG 235)
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iTJ
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.42
/ L10 I
�//A DENOTES N 12175034741 4.3
n E 12175041.38
PROPOSED VARIABLE WIDTH PRIVATE `' L6
INGRESS/EGRESS EASEMENT r L8 17 Q\��1
AREA 2 (320 SQ.FT./0.007 AC.)
PROPOSED VARIABLE WIDTH //�j///589 35'49'W 150.00'�
NONEXCLUSIVE PRIVATE _ �., N� •
CITY OF VIRGINIA BEACH 0::::'••••••::••••••••�INGRESS/EGRESS EASEMENT A:.: 4ter A MUNICIPAL CORPORATION IN THE .•. ' .•;•'•,•• •' .•;•'••••
(3,633 SQ.FT./0.083 AC.) STATE OF VIRGINIA •
(SEE EXHIBIT B) �:: •• • • •'..•.(DB 1252, PG 222)(DB 1585, PG 518)••••;: ....••.••:•' .;•�
PROPOSED 20' NONEXCLUSIVE PART OF LOTS 7-22 & ALL OF LOTS //
• 23-44, BLOCK 47
PRIVATE DRAINAGE EASEMENT .:_•-:-._,-
(MB 5, PG 201 MB 110, PG 12)
(2,911 SO.FT./0.067 AC.) I GPIN:1477`54-1273
(SEE EXHIBIT B) 1
4. pyTH Off,D
0' 20' 40' •
EXHIBIT SHOWING alW w
IJMNI I EASEMENTS FROM UJEFFREY J. VIERRETHER
THE CITY OF VIRGINIA BEACH
GRAPHIC SCALE TO STOKES PROPERTIES, L.L.C. Lic. No. 2306
1"=20' VIRGINIA BEACH, VIRGINIA 3-3-2020
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NOTES: EXHIBIT B
(Page 1 of 2)
1. THE INTENT OF THIS EXHIBIT IS TO SHOW VARIABLE WIDTH PRIVATE INGRESS/EGRESS EASEMENT AND
20' PRIVATE DRAINAGE EASEMENT TO BE ESTABLISHED ON PART OF LOTS 7-22 & ALL OF LOTS 23-44 BLOCK 47,
GPIN 1477-54-1273.
2. NORTH MERIDIAN SHOWN HEREON IS BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE,
NAD83/93 HARN.
rt, -�.'. ..'. PROPOSED VARIABLE WIDTH PRIVATE I
.:: :' TERRACE EASEMENT
N/F (810 SQ.FT./0.019 AC.)
CITY OF VIRGINIA BEACH (SEE EXHIBIT A)
A MUNICIPAL CORPORATION IN.
THE STATE OF VIRGINIA N/F
a rn (DB 1585, PG 518) I STOKES PROPERTIES, LLC
z M PART OF LOTS 1-2, BLOCK 471 (INSTR. 20160727000646000)
(MB 5, PG 201) PART OF LOTS 3-6, BLOCK 47
g z (MB 110, PG 12)
GPIN:1477-54-0223
(MB 5, PG 201)
I
41 (DB 1356, PG 235)
N 3474184.07 I (MB 110, PG 12) LOT 6
E 121749,91.38 GPIN:1477-54-0V3
�' LOT 1 LOT 2 I C i LOT4 LOT 5 1 1
u-, ����A��`�����. S89'35'49"W 150.00' (0/A) L8 v e\�
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PROPOSED 20' PROPOSED VARIABLE WIDTH
L4 INGRESS/EGRESS NONEXCLUSIVE PRIVATE NONEXCLUSIVE PRIVATE
o AREA 2 (320 DRAINAGE EASEMENT INGRESS/EGRESS EASEMENT
o SQ.FT./O.007 AC.) (2,911 SQ.FT./0.067 AC.) (3,633 SQ.FT./0.083 AC.)
tti L m (SEE EXHIBIT A)
N/F
1. z I CITY OF VIRGINIA BEACH
J h o A MUNICIPAL CORPORATION IN THE
WL%
L' j STATE OF VIRGINIA
(DB 1252, PG 222)(DB 1585, PG 518)
PART OF LOTS 7-22 & ALL OF LOTS y I I
23-44, BLOCK 47 I I
(MB 5, PG 201)(MB 110, PG 12)
o GPIN:1477-54-1273
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0' 25'I 50'i . I EXHIBIT SHOWING ��
EASEMENTS FROM -3JEFFREY J. VIERRETHER
THE CITY OF VIRGINIA BEACH Lic. No. 2306
GRAPHIC SCALE TO STOKES PROPERTIES, L.L.C. 3-3-2020
1"=25' VIRGINIA BEACH, VIRGINIA Q-
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ANN P. STOKES LANDSCAPE ARCHITECTS 440 GRANBY STREET NORFOLK, VIRGINIA 23505 (TEL) 757.423.6550 (FAX) 757.423.6500
EXHIBIT C
(Page 1 of 2)
COLUMBUS ST.
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1 2 I 3 1 4 I 5 I 6 I 7 I 8 I 9 I 10 I 11 I 12 —I 13 1
THIS INSTRUMENT PREPARED BY
VIRGINIA BEACH CITY ATTORNEY'S OFFICE
(Alexander W. Stiles—VSB#41934)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
DEED OF EASEMENT
THIS DEED OF EASEMENT is made this day of , 2020, by and
between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia, (the "City") (to be indexed as "Grantor"), and STOKES PROPERTIES, L.L.C., a
Virginia limited liability company, (the "Grantee") (to be indexed as "Grantee").
WITNESSETH:
WHEREAS, the City is the owner of the real property located east of Market Street and
south of Columbus Street,in Virginia Beach,Virginia,known as GPIN: 1477-54-1273 and GPIN:
1477-54-0223 (collectively, the"City Property");
WHEREAS, Grantee is the owner of the real property adjacent to the City Property located
at 4571 Columbus Street, Virginia Beach, Virginia 23462, and known as GPIN: 1477-54-0273
(the "Grantee Property");
WHEREAS, the Grantee has submitted to the City's Planning Department, a Site
Development Plan (DSC File #E07-005892-SP) (the "Site Plan") for the development of a hotel
on the Grantee Property;
WHEREAS, the Site Plan shall be in the form approved by the City and may include
amendments and/or modifications as may be subsequently approved by the City; and
GPINs: 1477-54-1273
1477-54-0223
1477-54-0273
1
WHEREAS, in conjunction with the development of the Grantee Property, the parties
hereto desire to establish (i) variable width private ingress/egress easements to create the traffic
flow preferred by the City, (ii) a variable width private terrace easement, and (iii) a 20' private
drainage easement as shown on the Site Plan(collectively,the "Easements").
NOW,THEREFORE,for and in consideration of Ten Dollars($10.00),cash in hand paid,
the receipt and sufficiency of which is hereby acknowledged, the City does hereby grant and
convey the Easements to the Grantee, its agents, assigns and/or successors, in, under upon and
across the -City Property, including the reasonable right of ingress and egress to the same, and
more particularly described as follows:
GPIN: 1477-54-0223
ALL THOSE certain easements, together with the improvements
thereon, situate, lying and being in the City of Virginia Beach,
Virginia, designated and described as "DENOTES PROPOSED
VARIABLE WIDTH PRIVATE TERRACE EASEMENT 810
SFT./0.019 AC.)","DENOTES PROPOSED VARIABLE WIDTH
PRIVATE INGRESS/EGRESS EASEMENT AREA 1 (103 SQ.
FT. / 0.002 AC.)", and "DENOTES PROPOSED VARIABLE
WIDTH PRIVATE INGRESS/EGRESS EASEMENT AREA 2
(320 SQ.FT./0.007 AC.)",as shown on that certain exhibit entitled:
"EXHIBIT SHOWING EASEMENTS FROM THE CITY OF
VIRGINIA BEACH TO STOKES PROPERTIES, LLC VIRGINIA
BEACH, VIRGINIA", Scale: 1" = 20', dated _FEBRUARY 28,
2020, prepared by MSA, and attached hereto as Exhibit A.
GPIN: 1477-54-1273
ALL THOSE certain easements, together with the improvements
thereon, situate, lying and being in the City of Virginia Beach,
Virginia, designated and described as"DENOTES PROPOSED 20'
NONEXCLUSIVE PRIVATE DRAINAGE EASEMENT (2,911
SQ. FT. / 0.067 AC.)" and "DENOTES PROPOSED VARIABLE
WIDTH NONEXCLUSIVE PRIVATE INGRESS/EGRESS
EASEMENT(3,633 SQ. FT./0.083 AC.)", as shown on that certain
exhibit entitled: "EXHIBIT SHOWING EASEMENTS FROM
THE CITY OF VIRGINIA BEACH TO STOKES PROPERTIES,
LLC VIRGINIA BEACH, VIRGINIA", Scale: 1" = 25', dated
FEBRUARY 28, 2020, prepared by MSA, and attached hereto as
Exhibit B.
2
The parties hereby further agree as follows:
1. The Grantee and its agents,assigns, and/or successors shall have the right to inspect
the Easements and improvements thereon, and to cut and clean all undergrowth and remove other
obstructions in and along the Easements or adjacent thereto that may in any way endanger or
interfere with the proper use of same, and to make use of the adjacent property for ingress and
egress and for other activities necessary for the construction, reconstruction, alteration, operation
and maintenance of the Easements and improvements thereon.
2. The Grantor shall not be liable for any maintenance work whatsoever to the areas
encompassed by the Easements and improvements thereon, and that the Grantee shall be
responsible for all maintenance of the areas encompassed by the Easements and the improvements
thereon.
3. The Grantee hereby agrees to assume all risks in connection with the use of the
Easements and the improvements thereon, and shall be solely responsible for damage or injury, of
whatever kind or nature, to person or property, arising out of or in connection with the use of the
Easements and the improvements thereon by the Grantee and its agents, volunteers, employees,
invitees and the general public, and Grantee hereby agrees to indemnify and hold harmless the
Grantor from any and all claims, suits, losses, damages, or expenses, including reasonable
attorney's fees, of whatever kind or nature, arising out of the use of the Easements and
improvements thereon.
4. All improvements related to the Easements shall be constructed in accordance with
the Site Plan, and the Grantee shall have the right to perform all of the demolition, grading,
construction and other work reasonably shown on the Site Plan and reasonably required in
3
connection with the construction of the improvements to or on the Easements as shown on the Site
Plan.
5. Grantee shall have the right to control access over the Easements and have
exclusive use of the improvements within the Easements, except the general public shall have the
right to lawfully use the sidewalks located within the Easements for pedestrian access to and from
the City Property.
6. Grantor shall have the right to temporarily use or relocate the Easements, at
Grantor's sole cost and expense but without paying compensation to Grantee, should such use or
relocation be needed for a public purpose and so long as the use or relocation does not frustrate
Grantee's enjoyment of the Easement (including, without limitation, direct and convenient
vehicular access across City Property to/from Market Street and Grantee's Columbus Street
entrance drive, with three parking spaces along such access lane).
7. Grantor agrees to allow the Grantee a temporary right of entry on and over the
portions of the City Property immediately adjacent to the Easements as reasonably necessary for
the construction of the improvements depicted on the Site Plan, including the construction of the
building and other improvements on the City Property and the Grantee Property, subject to the
reasonable restrictions and limitations imposed by the City. In connection therewith, Grantee may
clear and grade, locate cranes, trucks, construction materials and other material and equipment
thereon and do those things reasonably necessary to construct and maintain the improvements
shown on the Site Plan in a good and workmanlike manner.Upon completion,Grantee shall restore
the said lands, including re-seeding, as required by the Site Plan.
4
8. Grantor and Grantee hereby acknowledge certain other rights, terms, provisions,
agreements and obligations of the parties contained in that certain Development Agreement dated
, a copy of which is attached hereto as Exhibit C.
9. Each and all of the covenants, terms, provisions and agreements herein contained
shall be binding upon and inure to the benefit of the parties hereto and their respective heirs,
successors and assigns.
[Signature pages to follow]
\PIP
1111111
•
WITNESS the following signatures and seals:
GRANTOR:
CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia
By: (SEAL)
ATTEST: City Manager/Authorized Designee
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me by
City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, this
day of , 20_•
NOTARY PUBLIC
My Commission Expires:
My Registration Number:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me by
City Clerk/Authorized Designee of the City Clerk of the City of Virginia Beach, this
day of , 2020.
NOTARY PUBLIC
My Commission Expires:
My Registration Number:
APPROVED AS TO LEGAL APPROVED AS TO CONTENT:
SUFFICIENCY AND FORM:
DEPARTMENT OF PUBLIC WORKS
CITY ATTORNEY
6
GRANTEE:
STOKES PROPERTIES,L.L.C., a Virginia limited
liability company
By: (SEAL)
J. Randolph Stokes, its Manager
STATE OF VIRGINIA
CITY OF NORFOLK, to-wit:
The foregoing instrument was acknowledged before me this day of
2019 by J. Randolph Stokes as Manager of Stokes Properties, L.L.C.
Notary Public
My commission expires:
My notary number:
7
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE(BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
ENCROACHMENT AGREEMENT
THIS AGREEMENT made this day of , 2019,by and between the CITY
OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,Grantor,"City",
and STOKES PROPERTIES,L.L.C.,a Virginia limited liability company, "Grantee".
WITNESSETH:
WHEREAS, the City is the owner of the real property located east of Market Street and
south of Columbus Street, in Virginia Beach, Virginia, known as GPIN 1477-54-1273 and GPIN
1477-54-0223 (collectively,the "City Property");
WHEREAS,Grantee is the owner of the real property adjacent to the City Property located
at 4571 Columbus Street, Virginia Beach, Virginia 23462 and known as GPIN 1477-54-0273 (the
"Grantee Property");
WHEREAS, Grantee intends to develop the Grantee Property in accordance with Site
Development Plan entitled"Site Plan For Town Center Hampton Inn, Virginia Beach, Virginia DSC
File#E07-005892-SP" ("Site Plan");
WHEREAS, Grantee proposes to install, construct and maintain, on a portion of the City
Property adjacent to the Grantee Property in the locations shown and described as
"ENCROACHMENTS" on Exhibit A (the "Encroachment Area"), certain improvements to include a
park bench, plants and landscaping ("Temporary Encroachments"), as depicted and described on the
Site Plan; and
GPINs: 1477-54-1273 & 1477-54-0223 (City Property)
GPIN: 1477-54-0273 (Grantee Property)
1
WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments
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 of which is hereby acknowledged,the City hereby grants to the Grantee permission to
use the Encroachment Area for the purpose of constructing and maintaining the Temporary
Encroachments, and in connection therewith to remove the paving, grass, trees and other vegetation
located on the City Property as shown on the Site Plan.
It is expressly understood and agreed that the Temporary Encroachments 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 approvals as shown in the Site Plan, and
more particularly shown and described on Exhibit A.
It is further expressly understood and agreed that the Temporary Encroachments herein
authorized terminate upon notice by the City to the Grantee, and that within thirty(30)days after such
notice is given, the Temporary Encroachments shall 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 City,upon revocation of the authority and
permission so granted herein,may remove the Temporary Encroachments 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 Encroachments; and if such removal shall
not be made within the time ordered hereinabove by this Agreement, 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 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
2
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.
It is further expressly understood and agreed that nothing herein shall prohibit the City from
immediately removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachments from the Encroachment Area in the event of an emergency or public necessity,and the
Grantee shall 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, if it is necessary for the City to file or defend an action
arising out of the construction, location or existence of the Temporary Encroachments.
It is further expressly understood and agreed that nothing herein contained shall be construed
to enlarge the permission and authority granted to the Grantee for the maintenance or construction of
any encroachment other than as 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 and its
representatives. Notwithstanding the foregoing, it is the intention of the parties that the Grantee shall
have the right to perform and complete all of the work shown on the Site Plan, and it is expressly
understood that the Grantee shall have the right to demolish and remove trees, shrubs, undergrowth,
paving and other improvements located on the City's Property as shown on the Site Plan, to cut, fill
and grade on the City's Property as shown on the Site Plan and to perform all of the work and install
all of the improvements as shown on the Site Plan. It is further expressly understood and agreed
that the Grantee shall maintain the Temporary Encroachments in a commercially reasonable condition
and so as not to become unsightly or a hazard.
3
It is further expressly understood and agreed that the Grantee agrees that no open cut of the
public roadway will be allowed except under extreme circumstances. Requests for exceptions must be
submitted to the Highway Operations Division of the Department of Public Works, for final approval.
It is further expressly understood and agreed that the Grantee must obtain a permit from the
Civil Inspections Division of the Department of Planning prior to commencing any construction within
the Encroachment Area(the "Permit").
It is further expressly understood that any existing encroachments referenced in the Site Plan,
Exhibit A or 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 prior to issuance of a right-of-way/utility
easement Permit, the Grantee must post a bond or other security, in the amount of two times their
engineer's cost estimate, to the Department of Planning to guard against damage to City property or
facilities during construction
It is further expressly understood and agreed that the Grantee shall obtain and keep in effect
liability insurance,with the City as a named insured,in an amount not less than Five Hundred Thousand
Dollars($500,000.00), per person injured and property damage per incident, combined, with the City
listed as an additional insured. 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,related to the construction,location,and/or existence of the Temporary
Encroachments.
It is further expressly understood and agreed that the Grantee must submit for review and
approval, a survey of the Encroachment Area, certified by a registered professional engineer or a
4
licensed land surveyor, and/or"as built" plans of the Temporary Encroachment sealed by a registered
professional engineer, if required by either the Department of Public Works City Engineer's Office or
the Engineering Division of the Department of Public Utilities.
IN WITNESS WHEREOF, Stokes Properties,L.L.C.,a Virginia limited liability company,has
caused this Agreement to be executed by its signature, and, further, 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.
[Signature pages to follow]
5
CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia
By: (SEAL)
City Manager/Authorized Designee
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of ,2019,
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.
Notary Public
Notary Registration Number:
My Commission Expires:
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 ,2019,
by , CITY CLERIC/AUTHORIZED DESIGNEE OF THE CITY CLERK
OF THE CITY OF VIRGINIA BEACH,VIRGINIA,on its behalf. He/she is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires:
APPROVED AS TO CONTENT APPROVED AS TO FORM
DEPARTMENT OF PUBLIC WORKS CITY ATTORNEY
6
STOKES PROPERTIES,L.L.C.,
a Virginia limited liability company
By: (SEAL)
Printed Name: J. Randolph Stokes
Its: Manager
STATE OF VIRGINIA
CITY OF ,to-wit:
The foregoing instrument was acknowledged before me this day of ,2019,
by J.Randolph Stokes,Manager of Stokes Properties,L.L.C.,a Virginia limited liability company who
is personally known to me.
Notary Public Notary Registration Number:
My Commission Expires:
7
t LOCATION MAP
�_ 455A-4556 _.. —__-. v, 492-4554
---'
—
11� I, OOL. e01--e98 — _OBJBAB 8 81
Owner: City of Virginia Beach
(G PI N:1477-54-0223)
BUS ST
7 y Owner: Stokes Properties,LLC
(GPIN:1477-54-0273)
o14571 COLUMBUS ST
4571
LI
i
Owner: City of Virginia Beach 100 MARKET ST
(GPIN:1477-54-1273)
11
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� � "" - Abandoned RadrnAd
56
ITEM— VLJ.2
ORDINANCE/RESOLUTION
ITEM#70311
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT,Resolution to GRANT permits re ALLOW Emergency Medical Services Agencies to operate
in the City:
a. American Lifeline Medical Transport, Inc.
b. American Medical Response Mid-Atlantic, Inc.
c. Cardinal Ambulance Services, Inc.
d. Children's Hospital of the King's Daughters
e. Delta Medical Transport, Inc.
f Endurance Medical Transport, LLC
g. Lifecare Medical Transports, Inc.
h. Medical Transport,LLC
i. Nightingale Regional Air Ambulance, Inc.
j. Reliance Medical Transport, LLC
k. Robbie's Ambulance Service, Inc.
1. Special Event Providers of Emergency Medicine, Inc.
m. Tidewater Medical Transport, Inc.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Aaron R. Rouse
*Vice Mayor Wood abstained on J.2d- Children's Hospital of the King's Daughters
June 2, 2020
1 A RESOLUTION TO GRANT PERMITS ALLOWING CERTAIN
2 EMERGENCY MEDICAL SERVICES AGENCIES TO
3 OPERATE IN THE CITY OF VIRGINIA BEACH
4
5 WHEREAS, pursuant to City Code Section 10.5-2,any organization that operates an
6 emergency medical services agency or any emergency medical services vehicle within the
7 City must first obtain a permit from City Council, and such permits must be renewed on a
8 biannual basis; and
9
10 WHEREAS, applications for permit renewals have been received from the following
11 agencies: American Lifeline Medical Transport, Inc.; American Medical Response Mid-
12 Atlantic, Inc.; Cardinal Ambulance Services, Inc.; Children's Hospital of the King's
13 Daughters; Delta Medical Transport, Inc.; Endurance Medical Transport, LLC; LifeCare
14 Medical Transports, Inc.; Medical Transport, LLC; Nightingale Regional Air Ambulance,
15 Inc.; Reliance Medical Transport, LLC; Robbie's Ambulance Service, Inc.; Special Event
16 Providers of Emergency Medicine, Inc.; and Tidewater Medical Transport, Inc.; and
17
18 WHEREAS, the above-listed private ambulance agencies perform services not
19 provided by the City's volunteer rescue squads, such as non-emergency inter-facility
20 transports, which include both basic and advance life support calls.
21
22 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
23 VIRGINIA BEACH;
24
25 1. That the City Council hereby grants renewed permits to the following agencies:
26 American Lifeline Medical Transport, Inc.; American Medical Response Mid-
27 Atlantic, Inc.; Cardinal Ambulance Services, Inc.; Children's Hospital of the
28 King's Daughters; Delta Medical Transport, Inc.; Endurance Medical Transport,
29 LLC; LifeCare Medical Transports, Inc.; Medical Transport, LLC; Nightingale
30 Regional Air Ambulance, Inc.; Reliance Medical Transport, LLC; Robbie's
31 Ambulance Service, Inc.; Special Event Providers of Emergency Medicine, Inc.;
32 and Tidewater Medical Transport, Inc.
33
34 2. That these permits shall be effective from July 1, 2020 to June 30, 2022; and
35
36 This ordinance goes into effect July 1, 2020.
Adopted by the City Council of the City of Virginia Beach,Virginia,on this _2 n d day
of June , 2020.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
•
Emergency Medical Services City Attorney s Office
CA15072
R-2
May 20,2020
,x141A•BE,4
c3cO
yy City of Virginia Beach
,4r-
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o `
1,4
OF OUR NA-031
14
VBgov.com
JAMES L.WOOD PHONE: (757) 785-4342
COUNCILMAN-DISTRICT 5-LYNNHAVEN
FAX (757)340-2082
JLWOOD@VBGOV.COM
Refer to File No.0067374
June 2, 2020
Mrs. Amanda Barnes, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(F) of the Code of
Virginia, I make the following declarations:
1. I am executing this written disclosure regarding City Council's discussion and vote
on a resolution to grant a permit to Children's Hospital of the King's Daughters
(CHKD) to provide ambulance services in the City.
2. My wife is employed by CHKD. CHKD's corporate address is 601 Children's
Lane,Norfolk, Virginia.
3. I hereby abstain from participating in the City Council's discussion and vote on this
matter.
I respectfully request that you record this declaration in the official records of the City
Council. Thank you for your assistance in this matter.
Sincerely,
44/
James L. Wood
Vice Mayor
JLW/RRI
208 ASH AVENUE,SUITE 101,VIRGINIA BEACH,VIRGINIA 23452
57
ITEM—VI-K.1
PLANNING
ITEM#70312
The following registered to speak:
Eddie Bourdon,Attorney for Applicant, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Council Member Tower, seconded by Vice Mayor Wood, City Council APPROVED,AS
CONDITIONED, Application of BISHARD FAMILY REAL ESTATE, LLC for a Variance to Section
4.10) of the Subdivision Regulations re subdivide the existing parcel into three (3) lots at 312 Gatewood
Avenue DISTRICT 6—BEACH(Deferred from February 18, 2020)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
BISHARD FAMILY REAL ESTATE, LLC for a Variance to Section
4.10) of the Subdivision Regulations re subdivide the existing parcel into
three (3) lots at 312 Gatewood Avenue (GPIN 2407017508)DISTRICT 6
—BEACH(Deferred from February 18, 2020)
The following conditions shall be required:
1. The applicant shall reserve an area, equal to that which is required by Section 4.10) of
the Subdivision Regulations, at the southwest corner of Lot 90A, to the City of Virginia
Beach following the recordation of the subdivision plat.
2. When subdivided, the property shall be developed as shown on the submitted site plan
exhibit entitled "Site Plan Exhibit for Subdivision of Lot 90, Revised Plat, Gatewood
Park Extd., Located Near London Bride", dated December 4, 2019, and prepared by
WPL Site Design, a copy of which has been exhibited to the City Council and is on file
with the Department of Planning and Community Development.
3. When Lots 90A, 90B, and 90C are developed, the residential dwellings constructed shall
have architectural features and appearance of like quality and character as depicted on
pages seven(7), eight(8), and nine(9)of the report, which has been exhibited to the City
Council and is on file with the Department of Planning and Community Development.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 2"d day of June Two Thousand
Twenty.
June 2, 2020
58
ITEM—VI-K.1
PLANNING
ITEM#70312
(Continued)
Voting: 9-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, Guy K. Tower, Rosemary Wilson,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Aaron R. Rouse
June 2, 2020
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59
ITEM—VI-K.2
PLANNING
ITEM#70313
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of MARTIN & JUNE KERNUTT/ THE KERNUTT
FAMILY REVOCABLE LIVING TRUST for a Variance to Section 4.4(b)of the Subdivision Regulations
re properly record plat for existing single-family dwelling at 1413 Mill Landing Road DISTRICT 7 —
PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MARTIN & JUNE KERNUTT/ THE KERNUTT FAMILY
REVOCABLE LIVING TRUST for a Variance to Section 4.4(b) of the
Subdivision Regulations re properly record plat for existing single-family
dwelling at 1413 Mill Landing Road(GPIN 2410710083)DISTRICT 7—
PRINCESS ANNE
The following condition shall be required:
1. The applicant/owner shall submit a subdivision plat to the Planning Department. Said
plat shall be subject to the review and approval of the Department of Planning &
Community Development, and plat shall be recorded with Circuit Court Clerk's Office
within 180 days from the date of City Council action.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 2"d day of June Two Thousand
Twenty.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Aaron R. Rouse
June 2, 2020
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ITEM—VI-K.3
PLANNING
ITEM#70314
The following registered to speak:
R. J. Nutter,Attorney for Applicant, spoke in SUPPORT
Mark Richardson, Attorney for Applicant, spoke in SUPPORT
Kevin Martingayle, 3704 Pacific Avenue#300, Phone: 416-6009, spoke in OPPOSITION
Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in OPPOSITION
Bob Elms, (President—Princess Anne Plaza Civic League) 266 Raintree Street, Phone: 486-6506, spoke
in OPPOSITION
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Chris Vtipil, 959 Autumn Harvest Drive, Phone: 812-5422, spoke in OPPOSITION
Gerald Yaeger, 1477 Thaddeus Point Lane, spoke in OPPOSITION
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
PROFFERED, Application of FRANKLIN JOHNSTON GROUP MANAGEMENT &
DEVELOPMENT, LLC/SECURITY STORAGE & VAN COMPANY OF NORFOLK, VIRGINIA,
INC.for a Conditional Change of Zoningfrom I-1 Industrial to Conditional A-36 Apartment re develop up
to 160 multi family units at 4545 South Boulevard DISTRICT 3-ROSE HALL (Deferred from February
18, 2020)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
FRANKLIN JOHNSTON GROUP MANAGEMENT &
DEVELOPMENT, LLC/SECURITY STORAGE & VAN COMPANY
OF NORFOLK, VIRGINIA, INC.for a Conditional Change of Zoning
from I-1 Industrial to Conditional A-36 Apartment re develop up to 160
multi family units at 4545 South Boulevard (GPIN 1477517149)
DISTRICT 3- ROSE HALL (Deferred from February 18, 2020)
The following conditions shall be required:
An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
June 2, 2020
61
ITEM—VI-IL3
PLANNING
ITEM#70314
(Continued)
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 2"d day of June Two Thousand
Twenty.
Voting: 9-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, Guy K. Tower, Rosemary Wilson,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Aaron R. Rouse
June 2, 2020
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ITEM—VI-K.4
PLANNING ITEM#70315
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, AS AMENDED, BY CONSENT, Application of JUDEO-CHRISTIAN OUTREACH
CENTER, INC for a Conditional Use Permit re single room occupancy facility and a Modification of
Conditions re group home at 1049& 1053 Virginia Beach Boulevard DISTRICT 6—BEACH(Rescheduled
from March 17, 2020)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
JUDEO-CHRISTIAN OUTREACH CENTER, INC for a Conditional
Use Permit re single room occupancy facility and a Modification of
Conditions re group home at 1049 & 1053 Virginia Beach Boulevard
(GPINS 2417652620, 2417653527)DISTRICT 6—BEACH(Rescheduled
from March 17, 2020)
The following conditions shall be required:
Recommended Conditional Use Permit(Single Room Occupancy) Conditions:
1. No more than 50 Single Room Occupancy units shall be on site.
2. Site layout, improvements, and plantings shall be substantially as shown on the
conceptual master plan and planting plan titled, "JUDEO-CHRISTIAN OUTREACH
CENTER CAMPUS DEVELOPMENT" dated March 8, 2019, as prepared by WPL.
Said drawings have been exhibited to the City Council and are on file in the
Department of Planning.
3. The architectural design, colors, and materials for the proposed building shall be
substantially as shown on the architectural elevations titled "JUDEO-CHRISTIAN
OUTREACH CENTER dated August 26, 2019, by TS 3 Architects. Said drawings have
been exhibited to the City Council and are on file in the Department of Planning.
4. All landscaping shall be maintained in good health.Any landscaping that fails to grow
or is determined to be in poor health shall be replaced with a type and quantity of
plantings that is similar to and meets the same intent as the plants shown on the
Planting Layout referenced in Condition #1. Any replacement plantings shall be
approved by the Development Services Center.
5. All mechanical equipment shall be screened year-round either architecturally or by
landscaping or fencing such that it is not visible from the public right-of-way.
6. The applicant shall make all necessary standard right-of-way improvements with the
development of this site. Improvements may include but are not limited to pavement
widening, curb&gutter, and a new sidewalk. The new sidewalk shall be constructed
with a minimum width of eight feet, or as otherwise approved by the Planning
Department, to ensure compliance with the Resort Area Strategic Action Plan's
recommendations with regard to pedestrian connectivity. Additional adjustments and
requirements for right-of-way improvements may be applied as part of the final site
plan review.
June 2, 2020
63
ITEM—VI-K.4
PLANNING ITEM#70315
(Continued)
7. All signage on the site shall comply with the requirements of Sections 211, 212, 213,
214, 216 and 905 of the City Zoning Ordinance. A separate sign permit shall be
obtained from the Zoning Division prior to the installation of any signage.
8. The applicant shall implement a van shuttle program to transport Staff and volunteers
from a satellite parking facility located at 401 West Lane to the subject property when
necessary.
9. The applicant shall coordinate with the Virginia Beach Police Department on the
creation and implementation of a safety and security plan. Said plan shall address not
only the Judeo-Christian Outreach Center property but shall also consider properties
in the vicinity. The plan must be accepted by the Virginia Beach Police Department
prior to the issuance of the certificate of occupancy for the building.
Recommended Modification of Conditional Use Permit(Group Home) Conditions:
1. All the conditions associated with the Conditional Use Permit and Modifications of
Conditions associated with the Group Home, dated, October 1989, February 1992,
October 1993, October 1995 and April 2000, shall be deleted and replaced with the
conditions below.
2. This Conditional Use Permit for the Group Home shall be subject to administrative
approval two (2)years from the date of the Certificate of Occupancy.
3. Patrons awaiting food service shall be accommodated and served inside the building.
4. All food served to the public shall cease by 8:00 p.m.
5. A lighting plan shall be submitted during the site plan review process to ensure proper
safety and security on the site. All lighting shall be directed away from the nearby
residentially zoned property.
6. Site layout, improvements, and plantings shall be substantially as shown on the
conceptual master plan and planting plan titled, "JUDEO-CHRISTIAN OUTREACH
CENTER CAMPUS DEVELOPMENT" dated March 8, 2019, as prepared by WPL.
Said drawings have been exhibited to the City Council and are on file in the
Department of Planning.
7. The architectural design, colors, and materials for the proposed building shall be
substantially as shown on the architectural elevations titled `JUDEO-CHRISTIAN
OUTREACH CENTER dated August 26, 2019, by TS 3 Architects. Said drawings have
been exhibited to the City Council and are on file in the Department of Planning.
8. All landscaping shall be maintained in good health.Any landscaping that fails to grow
or is determined to be in poor health shall be replaced with a type and quantity of
plantings that is similar to and meets the same intent as the plants shown on the
Planting Layout referenced in Condition #1. Any replacement plantings shall be
approved by the Development Services Center.
June 2, 2020
64
ITEM—VI-K4
PLANNING ITEM#70315
(Continued)
9. All mechanical equipment shall be screened year-round either architecturally or by
landscaping or fencing such that it is not visible from the public right-of-way.
10. The applicant shall make all necessary standard right-of-way improvements with the
development of this site. Improvements may include but are not limited to pavement
widening, curb&gutter, and a new sidewalk. The new sidewalk shall be constructed
with a minimum width of eight feet, or as otherwise approved by the Planning
Department, to ensure compliance with the Resort Area Strategic Action Plan's
recommendations with regard to pedestrian connectivity. Additional adjustments and
requirements for right-of-way improvements may be applied as part of the final site
plan review.
11. All signage on the site shall comply with the requirements of Sections 211, 212, 213,
214, 216 and 905 of the City Zoning Ordinance. A separate sign permit shall be
obtained from the Zoning Division prior to the installation of any signage.
12. The applicant shall implement a van shuttle program to transport Staff and volunteers
from a satellite parking facility located at 401 West Lane to the subject property when
necessary.
13. The applicant shall coordinate with the Virginia Beach Police Department on the
creation and implementation of a safety and security plan. Said plan shall address not
only the Judeo-Christian Outreach Center property but shall also consider properties
in the vicinity. The plan must be accepted by the Virginia Beach Police Department
prior to the issuance of the certificate of occupancy for the building.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 2nd day of June Two Thousand
Twenty.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Aaron R. Rouse
June 2, 2020
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ITEM—VI-K.5
PLANNING
ITEM#70316
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of KODU, LLC & OCEAN PROPERTIES, LLC for a
Modification of Conditions re motor vehicles sales at 1159 & 1165 Lynnhaven Parkway DISTRICT 3 —
ROSE HALL (Rescheduled from March 17,2020) (Rescheduled from March 17, 2020)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
KODU, LLC & OCEAN PROPERTIES, LLC for a Modification of
Conditions re motor vehicles sales at 1159 & 1165 Lynnhaven Parkway
(GPINS 1486909402, 1486909622, 1486909582) DISTRICT 3 — ROSE
HALL (Rescheduled from March 17,2020)
The following conditions shall be required:
1. When the property is redeveloped, it shall be in substantial conformance with the
exhibit entitled Proposed Site Layout on page six (6) of the report, which has been
exhibited to the City Council and is on file in the Department of Planning &
Community Development.
2. No vehicles for sale shall be parked outside of the designated display area,as depicted
on the site layout identified in Condition 1 above, including within the 22-foot common
easement along Lynnhaven Parkway, within any utility easement or within the right-
of-way. No parking of any vehicles shall be permitted within the right-of-way.
3. All vehicles for sale shall be located on a paved surface. No vehicles shall be displayed
on raised platforms, earthen berms, landscape islands, or any other structure
designated to display a vehicle higher than the elevation of the main parking lot.
4. A Landscape Plan shall be submitted to the Development Services Center of the
Planning and Community Development Department for review and approval prior to
the issuance of a Certificate of Occupancy.
5. There shall be no storage of tires, merchandise, or debris of any kind outside of the
building.
6. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the
site.
7. There shall be no auto repair or service on the site.
8. There shall be no outside audio speakers for any purpose.
9. There shall be no signs which contain or consist of pennants, ribbons, streamers,
spinners, strings of light bulbs, or other similar moving devices on the site or on the
vehicles. There shall be no signs which are painted,pasted, or attached to the windows,
utility poles, trees, or fences, or in an unauthorized manner to walls or other signs.
There shall be no portable or nonstructural signs, or electronic display signs on the
site.
June 2, 2020
66
ITEM—VI-K.5
PLANNING
ITEM#70316
(Continued)
10. There shall be no neon or electronic display signs, or accents installed on any wall
area of the exterior of the building, in or on the windows, or on the doors. No window
signage shall be permitted. A separate sign permit shall be obtained from the Planning
Department for the installation of any signage.
11. One monument style freestanding sign with a two foot brick base shall be allowed on
the site. The freestanding sign shall be no taller than eight(8)feet in height measured
from the ground to the top of the sign.
12. The applicant/owner shall resubdivide the property and vacate all internal lot lines.
Said resubdivision plat must be submitted for approval and recordation by the
Planning Department.
This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 2nd day of June Two Thousand
Twenty.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Aaron R. Rouse
June 2, 2020
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ITEM—VI-K.6
PLANNING
ITEM#70317
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of JUSTIN MILEY/JUSTIN& MARGARET MILEY
and CHRISTINE KOMMNICK for a Conditional Use Permit re residential kennel at 3253 Hungarian
Road DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
JUSTIN MILEY/JUSTIN& MARGARET MILEY and CHRISTINE
KOMMNICK for a Conditional Use Permit re residential kennel at 3253
Hungarian Road(GPIN 1388448273)DISTRICT 7—PRINCESS ANNE
The following conditions shall be required:
1. There shall be no more than fifteen ten (10) adult dogs kept on the property at any
time.
2. The dog kennel structure, outdoor dog area, and fence shall be maintained in a safe
and sanitary condition.
3. All animal waste from the dog kennel shall be collected and disposed of in a lawful
manner on a daily basis.
4. The applicant shall ensure that all dogs are properly vaccinated and immunized and
are licensed through the City of Virginia Beach.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 2"d day of June Two Thousand
Twenty.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Aaron R. Rouse
June 2, 2020
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ITEM—VI-K.7
PLANNING
ITEM#70318
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ALLOWED
WITHDRAWAL,BY CONSENT,Application of SUZANNE NICOLE RUPP/TRAVIS CHESTER
RUPP for a Conditional Use Permit re home-based wildlife rehabilitation facility at 1916 Kempsville
Crossing Lane DISTRICT 1 —CENTERVILLE(Rescheduled from March 17, 2020)
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Aaron R. Rouse
June 2, 2020
69
ITEM—VI-K.8
PLANNING
ITEM#70319
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council ADOPTED
Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan the Virginia
Beach Resort Area Strategic Action Plan 2030 and AMEND Sections 1.1 and 1.2 re Resort Strategic
Growth Area, as amended on pages 41 and 42 (Rescheduled from March 17, 2020)
Voting: 9-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Aaron R. Rouse
June 2, 2020
1 AN ORDINANCE TO ADOPT AND INCORPORATE INTO
2 THE VIRGINIA BEACH COMPREHENSIVE PLAN THE
3 VIRGINIA BEACH RESORT AREA STRATEGIC ACTION
4 PLAN 2030 WHICH WILL SUPERSEDE THE VIRGINIA
5 BEACH RESORT AREA STRATEGIC ACTION PLAN AND
6 TO AMEND SECTION 1.1 (PLANNING AREAS PLANNED
7 LAND USE MAP), AND SECTIONS 1 .2 (URBAN AREAS)
8 AND STRATEGIC GROWTH AREA LOCATOR MAP AND
9 TEXT PERTAINING TO THE VIRGINIA BEACH RESORT
10 AREA STRATEGIC ACTION PLAN 2030
11
12 WHEREAS, the public necessity, convenience, general welfare and good zoning
13 practice so require;
14
15 WHEREAS, the Virginia Beach Resort Area Strategic Action Plan 2030 has been
16 developed with extensive input from the community and stakeholders, in order to
17 refresh goals and initiatives, establish priorities and review boundaries of the Resort
18 Area; and
19
20 WHEREAS, the Virginia Beach Resort Area Strategic Action Plan 2030 is in
21 conformity with the proposed revisions to the Comprehensive Plan, attached hereto;
22 and
23
24 WHEREAS, the Virginia Beach Resort Area Strategic Action Plan 2030 is a
25 strategic plan that sets goals for the next the years based on a clear vision; and
26
27 WHEREAS, the Virginia Beach Resort Area Strategic Action Plan 2030 should
28 be adopted and incorporated as part of the Comprehensive Plan 2016.
29
30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
31 VIRGINIA BEACH, VIRGINIA:
32
33 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby
34 is, amended and reordained by:
35
36 The adoption by City Council of the City of Virginia Beach of the Virginia Beach
37 Resort Area Strategic Action Plan 2030 and the amendments to the Comprehensive
38 Plan and their incorporation into the Comprehensive Plan 2016. Such documents are
39 attached hereto and made a part hereof, having been exhibited to the City Council and
40 placed on file in the Department of Planning and Community Development.
41
42 Adopted by the Council of the City of Virginia Beach, Virginia, on this end
43 day of June , 2020.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Planning eparfinent City A orney's Office
CA14983
R-1
January 16, 2020
2
70
ITEM VI-L.
APPOINTMENTS
ITEM#70320
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:•
2040 VISION TO ACTION COMMUNITY COALITION
ADVERTISING ADVISORY COMMITTEE
ARTS AND HUMANITIES COMMISSION
AUDIT COMMITTEE
BAYFRONT ADVISORY COMMISSION
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
BOARD OF BUILDING CODE APPEALS
BOARD OF ZONING APPEALS
CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM
CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS
CLEAN COMMUNITY COMMISSION
COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE
COMMUNITY POLICY AND MANAGEMENT TEAM
COMMUNITY SERVICES BOARD
HEALTH SERVICES ADVISORY BOARD
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
MINORITY BUSINESS COUNCIL
OLD BEACH DESIGN REVIEW COMMITTEE
OPEN SPACE ADVISORY COMMITTEE
PARKS AND RECREATION COMMISSION
PLANNING COUNCIL
PROCESS IMPROVEMENT STEERING COMMITTEE
RESORT ADVISORY COMMISSION
SENIOR SERVICES OF SOUTHEASTERN VIRGINIA
SOCIAL SERVICES BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
VIRGINIA BEACH TOWING ADVISORY BOARD
WETLANDS BOARD
June 2, 2020
71
ADJOURNMENT
ITEM#70321
Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 7:30 P.M.
WOO
to Clerk
Ba s,MMC Robert M. Dyer
City Clerk Mayor
City of Virginia Beach
Virginia
June 2, 2020