HomeMy WebLinkAboutJANUARY 5, 2021 SPECIAL SESSION MINUTES u4lA8Edicsip
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 5, 2021
Mayor Dyer called to order the SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS
of the VIRGINIA BEACH CITY COUNCIL on Tuesday, January 5, 2021, at 3:00 P.M Mayor Dyer
personally opened the meeting in the Virginia Beach Convention Center, Suite 5, while all other members
of City Council appeared electronically via WebEx.
Council Members Present:
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
2
ITEM LA
MAYOR'S CALL FOR
SPECIAL SESSION
ITEM#71152
Mayor Dyer read the Mayor's Call for the SPECIAL MEETING:
December 30, 2020
"HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the Virginia Beach City Code Section 2-21, Virginia Code§15.2-1413
and the City's Continuity of Government Ordinance adopted on September 15, 2020, and
Chapter 1289 of the 2020 Acts of Assembly as amended, and by the authority vested in me
as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL MEETING BY
ELECTRONIC COMMUNICATION MEANS of the VIRGINIA BEACH CITY
COUNCIL
Tuesday,January 5,2021
3:00 P.M.
This SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS will be held
virtually with Council Members participating via video/audio conference. The purpose of
this SPECIAL MEETING is to allow the City Council to hold a regularly scheduled
meeting regarding the items listed in the published Agenda.
If you wish to make comments during the meeting, please follow the two-step process
provided below:
1. Register for the WebEx at:
https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e94bad 61 a222d42bc8d463f5da0
13f3b4
2. Register with the City Clerk's Office by calling 757-385-4303 or via email at
abarnes@vbgov.com prior to 5:00 p.m. on January 5, 2021.
The City Council meeting will be streamed live on 14147W.vbgov.corn and Facebook Live,
and will be recorded for rebroadcast on Cable TV.
Sincerely,
s/
Robert M. Dyer
Mayor"
Cc: City Manager
City Attorney
City Clerk
Deputy City Managers
FOIA Officer
Communications Office
January 5, 2021
�z City of Virginia 13 aich
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°F OUR NANO)
ROBERT M."BOBBY"DYER MUNICIPAL CENTER
MAYOR BUILDING 1,ROOM 234
2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 23456-9000
(757)385-4581
FAX(757)385-5699
December 30, 2020 BDYEROVBGOV.COM
HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the Virginia Beach City Code Section 2-21, Virginia Code § 15.2-1413 and the
City's Continuity of Government Ordinance adopted on September 15, 2020, and Chapter 1289 of
the 2020 Acts of Assembly as amended, and by the authority vested in me as Mayor of the City of
Virginia Beach,I hereby call for a SPECIAL MEETING BY ELECTRONIC COMMUNICATION
MEANS of the VIRGINL4 BEACH CITY COUNCIL
Tuesday,January 5, 2021
3:00P.M.
This SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS will be held
virtually with Council Members participating via video/audio conference. The purpose of this
SPECIAL MEETING is to allow the City Council to hold a regularly scheduled meeting regarding the
items listed in the published Agenda.
If you wish to make comments during the meeting,please follow the two-step process provided below:
1. Register for the WebEx at:
https://vbbov.webex.com/vbgov/onstage/g.php?MTID=e94bad 61 a222d42bc8d463f5da013f3b4
2. Register with the City Clerk's Office by calling 757-385-4303 or via email at abarnes@a,vbgov.com
prior to 5:00 p.m. on January 5, 2021.
The City Council meeting will be streamed live on www.vbgov.com and Facebook Live, and will be
recorded for rebroadcast on Cable TV.
Sincerely,
�y.e. J
Robert M. Dyer
Mayor
Cc: City Manager
City Attorney
City Clerk
Deputy City Managers
FOIA Officer
Communications Office
3
CITY MANAGER'S BRIEFINGS
LYNNHAVEN MALL INCIDENT UPDATE
ITEM#71153
3:12 P.M.
Mayor Dyer welcomed Chief Paul Neudigate—Police. Chief Neudigate expressed his appreciation to City
Council for their continued support:
Lynnhaven Mall 12/19/20
City Council Informational Briefing
January 5, 2021
Paul Neudigate, Police Chief
Here is a summary of The Fourth Amendment and "Objective Reasonableness":
The Fourth Amendment and
"Objective Reasonableness"
"The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated..."
• Whether a search or seizure (detention) is consistent with
law and policy turns on the question: "was it reasonable?"
• In evaluating the reasonableness of a particular search or
seizure, "it is imperative that the facts be judged against an
objective standard" (Terry v. Ohio)
January 5, 2021
4
CITY MANAGER'S BRIEFINGS
LYNNHAVEN MALL INCIDENT UPDATE
ITEM#71153
(Continued)
Here is an overview of Terry v. Ohio:
Terry v. Ohio
• "There is no ready test for determining reasonableness other than
by balancing the need to seize against the invasion which the
seizure entails."
• "[I]n justifying the particular intrusion the police officer must be
able to point to specific and articulable facts which, taken together
with rational inferences from those facts, reasonably warrant that
intrusion."
• Would a reasonable officer believe the action taken was
appropriate in light of the facts and circumstances
known to the officer at the time?
Here are the Facts of Investigation:
Facts of Investigation
•Victim had her purse stolen on 12/18/20.
•Among items stolen were credit cards and victim's Permanent
Residence Card ("Green Card")
•Vehicle stolen from separate offense on 12/17/20 was driven by suspect
who used victim's credit card at Miller Mart on 12/19/20
• Fraudulent uses of credit card actively occurring at mall, which is
crowded with Christmas shoppers
• Detailed physical description of suspect and companion in close
proximity of offenses.
• Acquaintance of victim directs Sgt. Coffrin to Mr. Mackey
• Mr. Mackey was detained for approximately 4 minutes and 11 second
before being released.
January 5, 2021
5
CITY MANAGER'S BRIEFINGS
LYNNHAVEN MALL INCIDENT UPDATE
ITEM#71153
(Continued)
Here is an overview of Relevant Case Law:
Relevant Case Law
Whether an In evaluating More than a mere
investigatory detention reasonable suspicion, "hunch" is required to
(or Terry stop)is courts"must give due justify a stop, but
reasonable under the weight to common officers may consider
Fourth Amendment is sense judgments their practical
judged by the totality of reached by officers in experience and daily
the circumstances. light of their experience observation of what
and training." transpires on the street.
United States v.Sokolow; United States v.Perkins; United States v.Perkins;
United States V. Crittendon Illinois v. Wardlow United States v.Lender
Chief Neudigate provided the following details in the Comparison Photo, both parties have a black male
in all black clothing with similar hair style. Both subjects are in the company of a minor in red clothing,
the ages of the children are different. Both parties were in the food court with the matching descriptions
for both the minor and the adult:
Comparison Photo
I i
January 5, 2021
6
CITY MANAGER'S BRIEFINGS
LYNNHAVEN MALL INCIDENT UPDATE
ITEM#71153
(Continued)
Here is an overview of United States v. Crittendon:
United States v. Crittendon
• Brief, even if complete, deprivations of a suspect's liberty do not convert an
investigative detention into an arrest so long as the methods of restraint used
are reasonable to the circumstances.
• An officer may reasonably secure a suspect with handcuffs during an investigative
detention if the officer reasonably anticipates the suspect may attempt to flee. Id.
Additionally, an officer may handcuff a suspect when "reasonably necessary to
maintain the status quo and protect[officer]safety during an investigative stop."
VBPD Policy: "Non-deadly force and other restraints may be used as reasonably
necessary to effect and safely maintain an investigative detention; such actions do
not automatically convert the transaction into an arrest."
Here is an overview of United States v. Sharpe:
United States v. Sharpe
In Sharpe, a 20-minute detention was found reasonable given totality of
circumstances. VBPD Constitutional Policy directs that investigative
detentions should normally be completed in minutes, not hours.
No"rigid time limitation"for determining the reasonableness of a Terry stop:
• "In assessing whether a detention is too long in duration to be justified as an
investigative stop,we consider it appropriate to examine whether the police
diligently pursued a means of investigation that was likely to confirm or dispel their
suspicions quickly, during which time it was necessary to detain the defendant.
• A court making this assessment should take care to consider whether the police are
acting in a swiftly developing situation, and in such cases the court should not
indulge in unrealistic second-guessing."
January 5, 2021
7
CITY MANAGER'S BRIEFINGS
LYNNHAVEN MALL INCIDENT UPDATE
ITEM#71153
(Continued)
Here are criminal offenses Markee Smith has been charged with:
Markee Smith
• Charged with:
• Grand Larceny of an Automobile
• Credit Card Theft
• 3 counts of Credit Card Fraud
• Receiving Stolen Property
• Open warrants for felony probation violations and Failure to
Appear on a misdemeanor
•Victim's green card recovered from inside stolen vehicle Mr.
Smith was in possession of.
Here are the Next Steps:
Next Steps
1. IRP Review
2. Request for additional Body Worn Cameras
3. Review of existing policies, procedures, and training
4. Refresh of Implicit Bias training
5. Opportunities for collaboration on future training,
especially pertaining to bias and discrimination
Mayor Dyer expressed his appreciation to Chief Neudigate for the presentation.
January 5, 2021
8
CITY MANAGER'S BRIEFINGS
COVID-19 MASS VACCINATIONS
ITEM#71154
3:47 P.M.
Mayor Dyer welcomed Kim Tempesco,Senior Emergency Planner—Office of Emergency Management and
Chief Edward Brazle—Emergency Medical Services(EMS). Ms. Tempesco expressed her appreciation to
City Council for their continued support and turned the presentation over to Chief Brazle:
Vaccinate
Virginia Beach
Initiative
Edward Brazle,EMS Chief
Kimberley Tempesco,OEM Sr.Planner
January 5,2021
The next two (2)slides provide an overview of the Vaccinate Virginia Beach Initiative:
Vaccinate Virginia Beach Initiative
• City of Virginia Beach is partnering with Virginia Department of Health
(VDH)to support vaccinations in our community.
• VDH providing the vaccines,staff support and resources
• Virginia Beach providing facilities,staff and other resources
• An incident management team has been assembled to coordinate the
effort.
• This will be a long-term project utilizing facilities and staff from across
the organization.
January 5, 2021
9
CITY MANAGER'S BRIEFINGS
COVID-19 MASS VACCINATIONS
ITEM#71154
(Continued)
Vaccinate Virginia Beach Initiative {B P
• VDH will identify recipient groups as vaccines become
available.
• Initial wave of vaccines are designated for health care
workers.
• 249 VDH,EMS and Fire members were vaccinated last
week.
• Two clinics are scheduled this week.
• Additional clinics will be announced as vaccines arrive.
e
Here are the Workforce Priorities/Public Priorities Timelines:
Workforce Priorities / Public Priorities Timelines
• City Workforce Priorities • General Population Priorities
• Phase 1
• December 2020—January 2021 • Phase 1
• Phase 2 • January 2021—February 2021
• February 2021—March 2021 • Phase 2
• Phase 3 • February 2021—April 2021
• April 2021—May 2021
• Phase 3
• May 2021—November 2021
January 5, 2021
10
CITY MANAGER'S BRIEFINGS
COVID-19 MASS VACCINATIONS
ITEM#71154
(Continued)
Here are the Vaccination Cost Projections:
Vaccination Cost Projections
• Overtime cost
• Vaccinate 175,000 people • $750,000
(350,000 doses) • Resource cost
• $300,000
• Vaccination Events • Operational cost
• 60 Large PODs • $200,000
• 60 Small PODs • Total Request
• $1,250,000
Questions ?
Mayor Dyer expressed his appreciation to Ms. Tempesco and Chief Brazle for the presentation.
January 5, 2021
11
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#71155
4:35 P.M.
Mayor Dyer welcomed Carolyn Smith, Planning Administrator and Kevin Kemp, Zoning Administrator—
Planning and Community Development. Mrs. Smith expressed her appreciation to City Council for their
continued support:
i
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\ II',iniil I:,,',11
N • Planning Items
s ,; 1 z January 5th & 19th
i 14411S" 1 City Council Meetings
..1 ► ,
� •
There are five (5)Planning Items scheduled for January 5`h:
SUMMARY — January 5th
5 Planning items scheduled for City Council's consideration
1.FranlhBn Johnston Group Management&Development,ICC-Kempsville District
• Conditional Orange of Zoning(B-2 Community Business District to
Conditional A 24 Apartment District)
• Recommended for Approval by Planning Commission&Staff ,q
•e•a«.
2.Scarlet Dawn Windley-Kempsville District
• Conditional Use Permit(Home Rased Wildlife Rehabilitation Facility) ___, N.•� •
• Recommended for Approval by Planning Commission&Staff
3.Shawnda M.Bentley-!tempt/ale District s's,, .".,.."
• Conditional Use Permit(Home BasedWildlife Rehabilitation Facility) ""`°••
• Recommended for Approval by Planning Commission&Staff �
6 4 E&R,Inc.-Bayside District es j•u...c...w.....e...w.•,.... '
• Change in Nonconformity I i ^•^ °+
• Recommended for Approval by Planning Commission&Staff i • \.• s
Vilm
S.Atherton Construction 8 Develo pment,Inc.-Beach District roci r°""a°.a'°"°' Ohm ~ 1
o
• Modification of Conditions(Religious Use) 'swe^ °•r
• Recommended for Approval by Planning Commission&Staff ....-•
•
January 5, 2021
12
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#71155
(Continued)
FRANKLIN JOHNSTON GROUP MANAGEMENT& DEVELOPMENT, LLC ITEM
Council District:Kempsville
Location: 925 S. Military Highway
1
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CONDITIONAL CHANGE OF ZONING
(B-2 Community Business District to Conditional A-24 Apartment District)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
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as • • El 1 . , 4 ,- - ; _
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-'... 7'' Ka jii. ;''/111:1"ill -r Al&: "-, ' I •. ."7"-..- '
• Request to rezone a 9.45-acre parcel from 8-2 Community Business to Conditional A-24 Apartment District to construct
five multi-family buildings,totaling 220 units
• Amenities to include a clubhouse&outdoor swimming pool
• 408 parking spaces exceed the minimum parking requirement by 10 spaces
• Elevations depict a contemporary design
FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC IT[ '1
January 5, 2021
13
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#71155
(Continued)
SCARLET DAWN WINDLEY ITEM
Council District:Kempsville
Location 4933 Gulfstream Circle 2
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/11:44:: Eft *-/, ' lei v--/ E/1 -Do&i„„„,,,-7 ,-,-`_-__
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CONDITIONAL USE PERMIT(Home-Based Wildlife Rehabilitation Facility)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
- ! i
•
i, _, a ;�
• Conditional Use permit request for a Home-Based / -•''', -' '��
�Wildlife Rehabilitation Facility on a 11,400 square foot _. t ! ,,
lot in Lark Downs neighborhood
f_.
• Proposing to provide emergency care for injured
infant squirrels,opossums,and racoons y,-i j: : V'—i- f
• Animals to be kept in new enclosed structure in rear - • „.* i'
,-. S
yard '
• No animals released on-site
F
SCARLET DAWN WINDLEY ITEM 2
January 5, 2021
14
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#71155
(Continued)
SHAWNDA M. BENTLEY
Council District:Kempsville
Location: 1204 Orkney Drive 3
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CONDITIONAL USE PERMIT(Home-Based Wildlife Rehabilitation Facility)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
• Conditional Use permit request for a Home-Based Wildlife
Rehabilitation Facility on a 25,000 square foot lot in Bellamy Manor ' ;-
neighborhood
• Proposing to provide emergency care for injured infant squirrels,
opossums,birds and waterfowl(ducklings and goslings)
• Animals to be kept in repurposed enclosed structure in rear yard
• No animals will be released on-site
s
SHAWNDA M.BENTLEY ITEM 3
January 5, 2021
15
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#71155
(Continued)
E & R, INC. 17
Council District:Bayside
Location: 4600 Lookout Road 4
tee•., r
911
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CHANGE IN NONCONFORMITY
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
MK on the Say Concept Plan
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T 1 N1 he°oa.a 11-lom by 11.1oe.
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• Request to replace existing outdoor dining area and front porch [
structures,add an uncovered wood deck •••
I 8. •"'•^'
--I- i
• Property zoned residential;both a residential and restaurant use on "•°'H«.'*^^,
MOO 1r RA.S oweoo.a�mn<••••a
this site since at least the 1960s
• Minimal in scope,enhanced building materials to match existing umefootprint)
building
• Modification of 2010 approval,which includes a prohibition on
outdoor music
to
E&R,INC. ITEM 4
January 5, 2021
16
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#71155
(Continued)
ATHERTON CONSTRUCTION & DEVELOPMENT, INC. ITEM
Council District:Beach
Location: 3177 Virginia Beach Boulevard 5
t �o,�>-
MODIFICATION OF CONDITIONS(Religious Use)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
ASN8-RETAIL •
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• Request for a Modification of Conditions
for a Religious Use to remove 0.58-acre of _ $e_•.
the northern portion of the property
• Property to become parking area for
proposed retail development to the north
(no City Council action required)
• Religious Use to remain
• No impact to minimum lot area or parking
requirements for church li
ATHERTON CONSTRUCTION&DEVELOPMENT,INC. ITEM 5
January 5, 2021
17
•
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#71155
(Continued)
There are eleven (11)Planning Items scheduled for January 10:
SUMMARY — January 19th
11 Planning items scheduled for City Council's consideration
L&2.Pedom,ance Collision Centers.LLC-Beach District
• Conditional Rezoning(A-12 Apartment District&R5-D
Residential District to Conditional I-1 Light Industrial District)
• Conditional Use Permit(Automotive Repair Garage)
• Recommended for Approval by Planning Commission&Staff 1-e.arraAiss�olt"""°iRot^i°h"•a...,fir
3.Collier&Associates,LP.-Bayside District > •0`� N,‘ S.NMI�� •
• Conditional Rezoning(A-1a&A-24 Apartment,R-7.5&R-10 E ••r.'.• i+n•',,, IL NM 0a.intioau.c
Residential Districts to Conditional PD-H2 Planned Unit Development • 0e
(A-7.5,A-24&A-36 Apartment Districts)) ,..,op ��
• Recommended for Approval by Planning Commission&Staff / Rae U..P1m.1a..,LLc
4.Red Lion Properties,LLC-Beath District c LT.wa.h.. la tl•.,LiC
• Conditional Use Permit(Short Tenn Rental) &Mst Mak Irma,o.Loa Sr.
• Recommended for Approval by Planning Commission&Staff •••••... a„
S.Scott&Jeannie Williams-Beach District n n
• Conditional Use Permit(Short Term Rental) . -- -�
• Recommended for Approval by Planning Commission&Staff /tea ,--- - -y
.rare, . �'` !
6.4500 Oceanfront LLC-Beach District y
• Conditional Use Permit(Short Term Rental) '
• Recommended for Approval by Planning Commission&Staff 13
SUMMARY — January 19th
10 Planning items scheduled for City Council's consideration
7.Walter Lee Burnette-Beach District
• Conditional Use Permit(Short Term Rental)
• Recommended for Denial by Planning Commission
• Recommended for Approval by Staff
s teas,&n.e.ocu,e..L P 11.Ken..eocMW..Barter
l Oren o
8.James&Kelly Trebour-Beach District / 'v. 1IL ans Jeannie Wnwm.
• Conditional Use Permit(Short Term Rental) '' � 5 •\\sc
• Recommended for Approval by Planning Commission&Staff / " h s•soo oceanfront LLc
t
9.Timothy G.Lee Sr.-Beach District - F
• Conditional Use Permit(Short Term Rental) ,„, ••.a.e Lion Pmam..uc
• Recommended for Denial by Planning Commission
I.at.Perform..Co...Cenws.LLC 7.wain,L.aurnov.W.0,Tum.LLC
• Recommended for Approval by Staff / P •bau
., : .Jame.l..M in •romr 0 for sr
fa10.Wright Turn,LLC-Beach District e�•ee�, =
• Conditional Use Permit(Short Term Rental) ' = -
• Recommended for Approval by Planning Commission&Staff t i'
+�- � t
11.Kim deRocheblave Barker-Bayside District a c„„ '4r ,. 1
• Conditional Use Permit(Short Term Rental) a
• Recommended for Approval by Planning Commission&Staff , 5, .ate
January 5, 2021
18
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#71155
(Continued)
PERFORMANCE COLLISION CENTERS, LLC ITEMS
Council District Beach 1 & 2
Location: 212 Fair Lady Road
N.
i ' h f ` w 2
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- A
CONDITIONAL REZONING
(R-SD Residential District&A-12 Apartment District to Conditional I-1 Light Industrial District)
CONDITIONAL USE PERMIT(Automotive Repair Garage)
Staff recommends Approval
Planning Commission voted 7 to 2 to recommend Approval
I -- _— -
`- I
I ' ria i
'; _ • I Liss , . . 1 ,,
' 1;
1
- —... - - � -4,
• Conditional Rezoning and Conditional Use Permit requests to construct a 1-story,15,000 square foot auto collision center on
City-owned property acquired as part of the APZ-1 acquisition program and residual property from London Bridge Roadway
project
• Exterior building materials include white composite board and batten siding with white and gray architectural metal siding
accents,and awnings above the windows
• All repairs performed inside building include auto dent and removal,paintless dent and removal,as well as bumper,
windshield,fender,auto glass,and weather damage repair 1ti
PERFORMANCE COLLISION CENTERS,LLC ITEMS 1&2
January 5, 2021
19
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#71155
(Continued)
COLLIER & ASSOCIATES, LP ITEM
Council District:Bayside
Location: 2352,2348,&4701 Windway Lane;4753 Birdsong Lane;&2324&
2336 Pleasure House Road
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11
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CONDITIONAL REZONING(A-18&A-24 Apartment,R-7.5&R-10 Residential Districts to Conditional PD-H2
Planned Unit Development(R-7.5 Residential,A-24&A-36 Apartment Districts)
Staff recommends Approval .-
Planning Commission voted 7 to 1 to recommend Approval
mk
* a 4. Q�_ ft IriIf
If44., .. / .
• Request to Conditional Rezone 14.67-acre site __ ° « — •-
known as the Windsong Apartments •
-.-— •
v+
• Proposal includes renovation of 13,2-story
apartment buildings and redevelopment of ' _ ` ' - ---`
portion of site with 1 new 3-story and 2 new,4- -,.
story apartment buildings
• 411 total apartment units for a net increase of °`OO-/�_/�- i
' ,'
139 units N 1 ^`' "
• 732 parking spaces required;695 spaces 1. A 24
proposed as part of PD-H2 Land Use Plan(ratio 5
of 1.69 space per unit) c
Pleasure Howe Rd �v^9lrro[,,.t.
COLLIER&ASSOCIATES,LP ITEM 3
January 5, 2021
20
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#71155
(Continued)
Mrs. Smith turned the presentation over to Mr. Kemp to brief the remaining items:
ITEMS
CONDITIONAL USE PERMIT—Short Term Rentals 4-11
Recommended for Approval by Staff&Planning Commission
Beach District Bayside District
4.Red Lion Properties,LLC' 11.Kim deRocheblave Barker'
5.Scott&Jeannie Williams"
6.4500 Oceanfront,LLC`
8.James&Kelly Trebour
10.Wright Turn,LLC'
'Consent Agenda
Recommended for Approval by Staff&Denial by Planning Commission
Beach District
7.Walter Lee Burnette
9.Timothy G.Lee,Sr.
RED LION PROPERTIES, LLC ITEM
Council District:Beach
Location: 401 21st Street 4
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CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend Approval
January 5, 2021
21
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#71155
(Continued)
21 ji STREET 120'IRM
.1 ,i ...-_, ''' 1.
. ILL. MI .._, t'....' '''T,7.,..„.. -. ,. .._,
Ili'' 1}' 7' ' a
T- f
• Request a Conditional Use Permit for a Short Term Rental I I I I I rr'
on property zoned OR Oceanfront Resort Form-Based Code ---u----
LS►SMUT I ii itrA I
• 1-bedroom unit in multi-family building
• 1 off-street parking spaces required; 1 space provided
21
RED LION PROPERTIES,LLC ITEM 4
__...-1„1---- Apv.9.,-„. ..:-,-.1,s,:c,
\r$ Tlh`s«e
et 11
12
RED LION PROPERTIES,LLC ITEM 4
January 5, 2021
22
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#71155
(Continued)
SCOTT &JEANNIE WILLIAMS ITEM
Council Distinct:Lynnhaven
Location 223 64th Street 5
r• k •n ��
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend Approval
Parr.compacted ,i
uteA s li
33 � .
. i • Semi-den/led _'
V _ dwelling
• 41 • Property Iine \•�
• Request for a Conditional Use Permit for a Short <1� {•'3 �=
Term Rental on property zoned R-5R(NE)
Residential District(North End)
• 3-bedroom semi-detached dwelling 64TH STREET MO)
• 3 off-street parking spaces required;3 spaces
provided in the driveway
rn
SCOTT&JEANNIE WILLIAMS Irene 5
January 5, 2021
23
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#71155
(Continued)
00614
IOW
�11,
ij1 ISoN�
!T;
moilirII
rs
SCOTT&JEANNIE WILLIAMS ITEM 5
4500 OCEANFRONT, LLC ITEM
Council District:Beach
Location. 4500 Ocean Front Avenue 6
.� rf
-r„
0aso
;r
f
! ‘ 1 S
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 7 to 0,with 1 Abstention,to recommend Approval
January 5, 2021
24
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#71155
(Continued)
_ Beach and Atlantic Ocean ,9'•18'Parking space
•,1 Atlantic Boulevard lunrmproeed)
sae y)a
•
as•sv«
- - 'luneo o«d>ortonl
e
•
--a-+—.,•mow,;:
f If
• Request for a Conditional Use Permit fora Short
Term Rental on property zoned R-5R(NE) MI/_ ry.r.y4 B
Residential District(North End) Oman h0"M'"sa
• 5-bedroom single-family dwelling
• 5 off-street parking spaces required;5 spaces
provided in the driveway
4500 OCEANFRONT,LLC ITEM 6
Mtn Sttep, AUN —�
Alle1
49,h5treet
dsth StteH G..'..
\�1teY )-
U
l r ,
-• •n. 'tee' " \1,
41P1 qq�
' _ 45th StRet,'G`
F �V
, 44'Surd Hp1.
B \
4'!ro 5tteet I rt�
I sways Np.HBt46 B z
Aovowa -;1p�
l' UMe.•
Rraww�t�
G Rea�fae4
4500 OCEANFRONT,LLC ITEM 6
January 5, 2021
25
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#71155
(Continued)
WALTER LEE BURNETTE 'I'M
Council District:Beach
Location: 926 Maryland Avenue 7
'till HMI ,c
Minna 9
41-r
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 4 to 4;Recommendation of Denial
S • Pawl A S8e 2
Site 1
shanne
los
ea rw•,.o
'
• Request for a Conditional Use Permit for a Short Term
Rental on property zoned A-24 Apartment District near ,,,am''''t
the oceanfront M,.
• 3-bedroom townhome
• 3 off-street parking spaces required;3 spaces provided
in the driveway 30
WALTER LEE BURNETTE ITEM 7
January 5, 2021
26
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#71155
(Continued)
}� i; 1 fig ri r fir
t►pl11-,,,,a►''ym•1
Vg
snnnhim= -- t
• ,vuwee 1"\•- ace A"e�ue scat
• Demea ill�/A� -• tert vn
O Under Roommix \ �\k r • ,5,mA ;.
WALTER LEE BURNETTE � ITEM 7
JAMES& KELLY TREBOUR ITEM
Council District:Beach
Location: 939 Maryland Avenue 8
„ , ,
-, , i . i. , r, ,A,,
i 1 , . .
....... , ___ ,
, ,, .
.....,._,_ _ . ‘,. ,,„ ... _.c.— , . , ,,4,t., ,
1-4
„ .
�- �71fTL LI I l/T i
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
42
Planning Commission voted 7 to 1 to recommend Approval
January 5, 2021
27
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#71155
(Continued)
C •
- iLI 11
. `d.
-
MEWING=
Google stree.vie -
• Request for a Conditional Use Permit for a Short Term
Rental on property zoned A-24 Apartment District near
the oceanfront
• 3-bedroom townhome
• 3 off-street parking spaces required;3 spaces provided
in the driveway
JAMES&KELLY TREBOUR ITEM 8
0,
• aHt
�` n• „ wuenu to 01.iceI1tV1
OIL 01 To owl
i-"
STATUS j11112.Witt AO"' N111
0 war MI.
0 Roam 1,1111416„ WWI
JAMES&KELLY TREBOUR ITEM 8
January 5, 2021
28
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#71155
(Continued)
TIMOTHY G. LEE, SR ITEM
Council District:Beach
Location: 544 General Booth Boulevard 9
......- ,�.....- .,.- i `� fit`'
11
"I se P // ,.,) �/
/' je d
J
e•si,N,47\—
,,. ).
4.,... \ 0
I ,....• . :' v ` ,
a
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend Denial
s
,,,,
1 .
no
w.,..,-,
ii
c
...
0._ .
ys .
,,
, ,
r, .___ _
v,:,---44,..,..___.— ,
.. _ ...
_ s __....,„
. „r_, .....•.,t
544 General Booth Blvd, -'^,
ms..r
• Request for a Conditional Use Permit for a
Short Term Rental on property zoned R-7.5 General Booth Boulevard
Residential District near the oceanfront
• 4-bedroom single-family dwelling
• 4 off-street parking spaces required;4 spaces
provided in two separate driveways
TIMOTHY G.LEE,SR ITEM
January 5, 2021
29
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#71155
(Continued)
faitatilirm. — , gis
turn / Di _ t
•aI Q
if* i, ,4-gritt,v‘ 0,
�i� �e`:�� a`ay' I'msty
11► S E'
i tea... �f = B� �
• d., --r r!. C�
TIMOTHY G.I f k.SF
WRIGHT TURN, LLC ITEM
Council District Beach �O
Location: 938 Delaware Avenue
r--
•
. . 1
I -
_. M i F
,):,✓ I . 1 .......w
,\ \
,►i
_ _- x
..,
t„
\ .„
,_ I r,7,_,__,_, ,:6,v_.
,,, _ -
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend Approval '"
January 5, 2021
30
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#71155
(Continued)
._ Mom.` e
Ffilir
. w
• Request a Conditional Use Permit for a Short Term ,,, i""""
Rental on property zoned A-24 Apartment District near 1
the oceanfront DELAWARE AVENUE(501
• 2-bedroom townhome
• 2 off-street parking spaces required;2 spaces provided
in the driveway
WRIGHT TURN,LLC ITEM 10
-- lertd _.
s.
' 0K ►olk hy.
act
um Er. 11... l0
Iu :4' "`0 istak!1.10 •
INL; b I� N�
i,u' >1A11r fa/Nlf
• �, 0 0!0�A� V': *tom•
o INpsNored
�1141111111 ;;N,�i Flu+,`°1vaA�►�vv►v►
1.
WRIGHT TURN,LLC ITEM 10
January 5, 2021
31
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#71155
(Continued)
KIM DEROCHEBLAVE BARKER
Council District.Bayside 11
Location; 3625 E.Stratford Road
—,...•,,. 'c•, .I 1 . I \ m I •.s�w.rp.
_0 1 L
r.
�C
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend Approval
l_ ?'V � 9'a38'Parkmg space it
�. �,; ' ,As �/ ill the garage
r RP. 0 red I.' a Co,crete
II
_ :_,„ ei Z t�l
3625 E.Stratford Avenue
• Request a Conditional Use Permit for a Short 111•°'
Term Rental on property zoned R-5D(SD)
Residential District(Shore Drive)in Ocean Park E. STRA TFORD ROAD
neighborhood rm ,/"'
• 3-bedroom unit in duplex dwelling
• 3 off-street parking spaces required;2 spaces
provided in the driveway,1 in the garage 42
KIM DEROCHEBLAVE BARKER 1T=^^11
January 5, 2021
32
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#71155
(Continued)
CM
of
tTtllq
IppwN
OmieJ ��
` G ae95.ee
KIM DEROCHEBLAVE BARKER Ir_^ 11
Mayor Dyer expressed his appreciation to Mrs. Smith and Mr. Kemp for the presentation.
January 5, 2021
33
CITY COUNCIL DISCUSSION
ITEM#71156
5:03 P.M.
Mayor Dyer opened the floor for Council discussion.
Council Member Moss requested information from the City Manager concerning how much of the City's
workforce will remain working remotely after the pandemic adding he would like to see employees have
continued flexibility.
Council Member Moss advised he would like to know if there is coordination between the City and military
leadership on how many of our 450,000 residents are working and being inoculated to have a total number
of all residents.
There was no further discussion.
January 5, 2021
34
CITY COUNCIL LIAISON REPORTS
ITEM#71157
5:04 P.M.
There were no City Council Liaison Reports
January 5, 2021
35
CITY COUNCIL COMMENTS
ITEM#71158
5:05 P.M.
There were no City Council Comments
January 5, 2021
36
AGENDA REVIEW SESSION
ITEM#71159
5:06 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
K. ORDINANCES/RESOLUTIONS
1. Resolution to ADD a Legislative Request to the 2021 Legislative Agenda re establish the
Virginia Beach Tourism Authority
2. Resolution to NOMINATE Andrew G. Baan, Thomas Leahy, and Mark Johnson to the Governor
as candidates for the position of Virginia Beach local representative to the Southeastern Public
Service Authority (SPSA)
3. Ordinance to DONATE reclaimed oyster shells to Lynnhaven River NOW re Mary Lou Gayle
Memorial Oyster Reef in the Eastern Branch of the Lynnhaven River
4. Resolution to AUTHORIZE the City Manager to EXECUTE a Memorandum of Agreement to
contribute$500,000 to the Department of the Army re Lynnhaven Inlet maintenance dredging
5. Ordinance to AUTHORIZE the City Manager to ACCEPT the dedication of residual rights for
areas located in and near Croatan Beach including Sandy Beach;Streets, Lanes,Roads,
Avenues, and Alleys; and the Eastern Portion of Lake Wesley,from Bank of America, N.A.,
Trustee under the Will of Amelia G.McLean, deceased August 25, 1989 Family Trust
6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned property
known as Lake Joyce located at the rear of 4404 Powells Point Road re install and maintain
riprap
7. Ordinance to APPROPRIATE$335,730 from Fund Balance of the General Fund for amounts
reserved for Pandemic Relief and AUTHORIZE a Grant to Virginia Aquarium&Marine
Science Center Foundation re food and beverage equipment, and payroll support during the
Pandemic
8. Ordinance to ACCEPT and APPROPRIATE$18,790 from Federal Emergency Management
Agency(FEMA) to FY2020-21 Fire Department Operating Budget re reimbursement of costs
related to deployment of Virginia Task Force 2 Urban Search and Rescue Team for Tropical
Cyclone Delta
K. ORDINANCES/RESOLUTIONS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
January 5, 2021
37
AGENDA REVIEW SESSION
ITEM#71160
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
L PLANNING
1. E & R, INC./CHESAPEAKE BEACH COMMONS, LLC for a Change in Nonconformity re
demolish existing structure and build new outdoor dining structure within same foovint at 4600
Lookout Road DISTRICT 4—BAYSIDE
2. ATHERTON CONSTRUCTION&DEVELOPMENT,INC.!OPEN DOOR CHAPEL,INC.for
a Modification of Conditions re religious use at 3177 Virginia Beach Boulevard DISTRICT 6—
BEACH(Approved January 16, 1978)
3. FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC/WILDWOOD
PARK, LLC for a Conditional Change of Zoning from B-2 Community Business District to
Conditional A-24 Apartment District at 925 South Military Highway re 220-unit multi family
residential community DISTRICT 2—KEMPSVILLE
4. SCARLET DAWN WINDLEY/ JENNIFER WILLIAMS & BRANDON BULLOCK for a
Conditional Use Permit re home-based wildlife rehabilitation facility at 4933 Gulfstream Circle
DISTRICT 2—KEMPSVILLE
5. SHAWNDA M.BENTLEY/ENOCH&SHAWNDA M.BENTLEYfor a Conditional Use Permit
re home-based wildlife rehabilitation facility at 1204 Orkney Drive DISTRICT 2—KEMPSVILLE
L.PLANNING ITEMS:
ITEM#3 WILL BE CONSIDERED SEPARATELY
Recess 5:08 P.M. —5:59 P.M.
January 5, 2021
38
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
JANUARY 5, 2021
6:00 P.M.
Mayor Dyer called to order the SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS
of the VIRGINIA BEACH CITY COUNCIL on Tuesday, January 5, 2021, at 6:00 P.M Mayor Dyer
personally opened the meeting in the Virginia Beach Convention Center, Suite 5, while all other members
of City Council appeared electronically via WebEx.
Council Members Present:
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
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.
January 5, 2021
39
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.
January 5, 2021
40
ITEM— VII-E
ELECTION OF THE VICE MAYOR
ITEM#71161
Mayor Dyer opened the floor for Vice Mayor NOMINATIONS.
Council Member Wilson NOMINATED Council Member Wood.
Council Member Rouse NOMINATED Council Member Wooten.
Council Members Voting Aye for Council Member Wood:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, John D. Moss, Rosemary Wilson,
and Council Member James L. Wood
Council Members Voting Nay for Council Member Wood:
Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Voting Aye for Council Member Wooten:
Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Voting Nay for Council Member Wooten:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, John D. Moss, Rosemary Wilson,
and Council Member James L. Wood
By a vote of 8—3, City Council ELECTED:
James L. Wood
Lynnhaven—District 5
Vice Mayor
2 Year Term
January 1,2021—December 31,2020
January 5, 2021
VIRGINIA: IN THE VIRGINIA BEACH CIRCUIT COURT CLERK'S OFFICE
OATH
I, JAMES L. WOOD do solemnly swear(or affirm)that I will support the Constitution of the
United States,and the Constitution of the Commonwealth of Virginia,and that I will faithfully and
impartially discharge all the duties incumbent upon me as Vice Mayor of the City of Virginia
Beach for a 2-year term beginning January 1, 2021, and ending on December 31, 2022,
according to the best of my ability, (so help me God).
a .
Signatur- of 'erson Taking Oath
Oath taken and subscribed to before me on the day of January, 2021.
TINA E. SINNEN, CLERK
C41 .
By O .
Clerk
Original-Retained by Clerk Copy—To Person Taking Oath
41
ITEM— VILG
MINUTES
ITEM#71162
Upon motion by Council Member Wilson, seconded by Vice Mayor Wood, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of December 8,2020
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
January 5, 2021
42
ITEM— VII.H
MAYOR'S PRESENTATION
ITEM#71163
PROCLAMATION
EAST COAST SURFING CHAMPIONSHIP(ECSC)DAY
Mayor Dyer recognized George Alcaraz, General Manager and Tony Pellino, Chairman—ECSC and read
the Proclamation declaring January 5, 2021, "EAST COAST SURFING CHAMPIONSHIP DAY". Mayor
Dyer credited George Alcaraz and Tony Pellino with their dedication and ingenuity to the Coastal Edge
East Coast Surfing Championship garnering the honor of being the longest running surf event in the world.
Mayor Dyer encouraged all citizens to join him in congratulating the staff, volunteers and participants of
the ECSC in attaining this honor despite the challenges of a global pandemic.
Mr.Alcaraz and Mr. Pellino expressed their appreciation to City Council for their continuous support.
January 5, 2021
i - t i 4' Rt a- ,r11A-B
04,
;' O� ' _
U S
a
se rr`
o`
Or OUR NAl'Oef
-- . rottama�tton
ii„,___
44ftereas The 'Virginia Beach Jaycees,first formed'in 1948, provides development opportunities that
empower young people to create positive change in their community,and has a long history in the
esta6l-uhment ofseveralcommunity projects;and
Whereas: One such project, the East Coast,Sung Championship('ECSC),created in 1963,invites rulers
from the entire'East Coast to compete_for the title of"The Champion of the Atlantic Coast';and
Whereas: The'Virginia .Beach Jaycees have continued'to provide the'ECSCfor nearly$i.C,decades on the
shores of''irginia,Beach:and
Whereas The 'ECSC sustained hurricanes, tornadoes, earthquakes and global economic downturns to
become known as the longest running surf contest in the nation and second longest running in the
world and
Sierras: The 'LCSC has become an internationally recognized event with up to 23 countries being
represented 6y the professional riders and has awarded close to 1 million dollars in prizes to
contestants since 2009;and
'Whereas: On'ECSCs 504 Anniversary in August of 2012, they hosted close to 200 thousand'guests and
participants during their 7-day event;and
Whereas 'The 2018'ECSC event generated$25.8 million of economic activity, according to the Virginia
,Beach's 2019 resort event analysis,the most among festivals and marathons;and
Whereas. The growth of the'Fast Coast Surfing Championship created the needfor more robust operational
support and"'Resort Management LLC"was contracted'to take the lead helping to expand
LCSC's marketing platform and-gain national-partners such as the events Title Sponsor,Coastal
Edge,in support of this popular event;and
'WTiereas Interest to volunteer for the'ECSC also grew,attracting diverse and talented-young professionals
to support the event. 'fie'Virginia Beach Jaycees selected'one such volunteer, 'Tony(Beano, to
chair the 2020 event and lead their vast group of volunteers into'ECSCs 50 consecutive year,
where they unuldface their biggest obstacle yet:a global-pandemic;and
Whersar George Afcaraz and Tony :Ycllino worked tirelessly to adapt their planning to adhere to the
v Governor's.Fxecutive Orders.Creating a comprehensive plan that included downsizing the event,
incorporating major safety measures, minimizing spectators,and opting to "live stream'the sit
day event to 230 thousand svcuers worldwide. the'ECSC 2020 event was able to move forward
safely;and
'Miertes Because of their dedication and ingenuity, the Coastal'Edge'East Coast Surfing Championship
has now garnered the honor of-being the longest running surf event in the world
.iow2Turefore I-Rp6crt M.'Dyer,Mayor of the City of Virginia Beach,'Virginia,do hereby proclaim:
January 5, 2021
East Coast Sung CFiamponship Day
In'Virginia Beach,and I call on all citizens join me in congratulating the staff volunteers and participants of the
ECSC in attaining this honor despite the challenges of a global pandemic.
O. In Witness S Viereof, 1 have hereunto set my hand and caused'the Official Seal of the City of'Virginia Beach,
•t irginaa,to be affixed this Fifth day of January,Two Thousand Ti enty-One.
ii
Apbert M. ",Bo y",Dyer
Mayor
43
ITEM— VII.I.
PUBLIC HEARING
ITEM#71164
Mayor Dyer DECLARED a PUBLIC HEARING:
DECLARATION AND SALE OF EXCESS PROPERTY
212 Fair Lady Road and vacant lot at the intersection of
Fair Lady Road, Elon Drive and London Bridge Road
There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING
January 5, 2021
44
ITEM— VILJ
FORMAL SESSION AGENDA
ITEM#71165
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,BY
CONSENT,Agenda Items Ordinances/Resolutions K:2, 3, 4, 5, 6, 7 and 8 and Planning Items L: 1, 2,
4 and 5
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
K. ORDINANCES/RESOLUTIONS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
L.PLANNING ITEMS:
ITEM#3 WILL BE CONSIDERED SEPARATELY
January 5, 2021
45
ITEM VILK.1
ORDINANCES/RESOLUTIONS
ITEM#71166
The following registered to speak:
John Zirkle, 233 Bridge Landing Court, Phone: 348-4844, spoke in SUPPORT
Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke in OPPOSITION
Empsy Munden, 2760 Ocean Shore Avenue, Phone: 869-5785, spoke in OPPOSITION
Upon motion by Council Member Tower, seconded by Council Member Wilson, City Council ADOPTED
Resolution to ADD a Legislative Request to the 2021 Legislative Agenda re establish the Virginia Beach
Tourism Authority
Voting: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
Aaron R. Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L.
Wood and Sabrina D. Wooten
Council Members Voting Nay:
Jessica P.Abbott, Louis R.Jones and John D. Moss
Council Members Absent:
None
*Council Member Moss requests to have his written comments included in the minutes;attached to
and made a part of the record.
January 5, 2021
REQUESTED BY COUNCILMEMBERS TOWER AND WILSON
1 A RESOLUTION TO ADD A LEGISLATIVE
2 REQUEST TO THE 2021 LEGISLATIVE AGENDA
3 SEEKING TO ESTABLISH THE VIRGINIA BEACH
4 TOURISM AUTHORITY
5
6 WHEREAS, the City of Virginia Beach has a world class resort that brings tourists
7 and visitors from within and without the United States;
8
9 WHEREAS, the City Council established the CVB Task Force to review the City's
10 destination marketing operations and, if appropriate, to suggest a change in the
11 governance structure of the CVB;
12
13 WHEREAS. the CVB Task Force recommended the City pursue an authority
14 structure that utilizes many of the features of the Virginia Tourism Authority; and
15
16 WHEREAS, a legislative request has been crafted to establish a Virginia Beach
17 Tourism Authority and to set forth the various features of such Authority;
18
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA, THAT:
21
22 The attached legislative request, entitled Virginia Beach Tourism Authority and the
23 accompanying draft legislation, is hereby added to the Virginia Beach 2021 Legislative
24 Agenda.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 5th
day of January , 2021.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CA15285
R-1
December 21, 2020
Virginia Beach Tourism Authority
Requested by Councilmembers Tower and Wilson
Background:
The City Council established the Convention and Visitors Bureau (CVB) Task Force to evaluate
options for the structure of the City's destination marketing activities. A destination marketing
organization or DMO is generally structured one of three ways. One structure is to have the DMO
work within a local government structure, and this is current structure of the CVB. A second
option is commonly referred to as a hybrid structure, and this approach establishes a separate
political subdivision or authority that operates independently from a local government structure.
In Virginia, there are a few examples of tourism authorities, and the most prominent example is
the Virginia Tourism Authority. The third option is to establish a 501(c)(6) entity, which is a
separate corporate entity that works on behalf of the business interests of its members. The
501(c)(6) structure is common for a chamber of commerce.
As the CVB Task Force evaluated the three options,the initial decision was to move away from a
structure within local government option. The CVB Task Force prioritized the ability to hire an
executive outside of the human resources constraints of the City, being nimble in the face of
changing market conditions, and increased opportunities for participation in the management of
the entity from the hospitality industry.
The CVB Task Force seriously considered the hybrid and 501(c)(6)models. In the end, the CVB
Task Force believed the increased oversight and transparency offered by an independent authority
is the preferred approach.
With direction from the CVB Task Force, this legislative request seeks to utilize the legislation
that established the Virginia Tourism Authority as a model for a Virginia Beach Tourism
Authority. The requested Virginia Beach Tourism Authority would have oversight by a board that
is appointed by the City Council. The board would be empowered to hire an executive, and the
board will be empowered to hold the executive accountable for delivering marketing results for
the authority and the City. After establishing the Virginia Beach Tourism Authority, the City
Council would need to determine a funding model for the Authority, which may include the
Tourism Advertising Program and General Fund support.
Request:
The City Council requests the General Assembly enact legislation to create the Virginia Beach
Tourism Authority consistent with the attached draft legislation.
City of Virginia Beach Tourism Authority.
§ 1. Short title; declaration of public purpose; Authority created.
A. This article shall be known and may be cited as the City of Virginia Beach Tourism
Authority Act.
B. The General Assembly finds and declares that:
1. The City of Virginia Beach has tourist attractions that are of potential interest to millions
of people who reside both in and outside the Commonwealth;
2. Promotion of tourism in the City of Virginia Beach is necessary to increase the prosperity
of the people of the City and the Commonwealth; and
3. A tourism authority is therefore necessary to stimulate the tourism segment of the economy
by promoting, advertising, and marketing the City's many tourist attractions and by
coordinating other private and public efforts to do the same.
The General Assembly determines that the creation of an authority for this purpose is in the public
interest, serves a public purpose and will promote the health, safety, welfare, convenience or
prosperity of the people of the Commonwealth.
C. The City of Virginia Beach Tourism Authority,hereinafter"the Authority"is created,with
the duties and powers set forth in this article, as a public body corporate and as a political
subdivision of the Commonwealth.The Authority is constituted a public instrumentality exercising
public and essential governmental functions, and the exercise by the Authority of the duties and
powers conferred by this article shall be deemed and held to be the performance of an essential
governmental function of the Commonwealth. The exercise of the powers granted by this article
shall be in all respects for the benefit of the inhabitants of the Commonwealth and the increase of
their commerce and prosperity.
§ 2. Board of Directors; members and officers.
A. All powers, rights, and duties conferred by this Act, or other provisions of law, upon the
Authority shall be exercised by the Board of the City of Virginia Beach Tourism Authority,
hereinafter referred to as "the Board." Initial appointments to the Board shall begin July 1, 2021.
The Board shall consist of 13 members appointed by the governing body of the City of Virginia
Beach. Notwithstanding § 15.2-1535, the governing body of the City of Virginia Beach may
appoint no more than two of its members to the board. The initial terms of members shall be four
years for seven members and six years for six members. Thereafter,the terms shall be four years.
The governing body of the City of Virginia Beach may make interim appointments to fill a vacancy
on the Board.
B. The Board shall elect from its membership a chairman, a vice-chairman, and from its
membership or not, as they desire, a secretary and a treasurer, or a secretary-treasurer, who shall
continue to hold such office until their respective successors are elected.The members of the Board
shall receive no salary,unless specifically authorized by the governing body of the City of Virginia
Beach.
1
C. The Board shall keep detailed minutes of its proceedings, which shall be open to public
inspection at all times.It shall keep suitable records of its financial transactions,and it shall arrange
to have the records audited annually and provided to the Auditor of Public Accounts. The books
and records of the Authority shall be available for audit by the City. Copies of each such audit
shall be furnished to the governing body of the City of Virginia Beach and shall be open to public
inspection.
§3. Executive director; staff.
A. The Board shall appoint an executive director, hereinafter "the Executive Director," who
shall be authorized to employ such staff as necessary to enable the Authority to perform its duties
as set forth in this chapter. The Executive Director is authorized to determine the duties of such
staff and to fix salaries and compensation from such funds as may be received or appropriated.
B. The Executive Director shall serve as the ex officio secretary of the Board and shall
administer, manage and direct the affairs and activities of the Authority. He shall attend meetings
of the Board, shall keep a record of the proceedings of the Board and shall maintain and be
custodian of all books, documents and papers of the Authority, the minute book of the Authority
and its official seal. He may cause copies to be made of all minutes and other records and
documents of the Authority and may give certificates under seal of the Authority to the effect that
the copies are true copies,and all persons dealing with the Authority may rely upon the certificates.
He shall also perform other duties as is necessary to carry out the purposes of this article.
C. Employees of the Authority, including the Executive Director, shall be eligible for
membership in the Virginia Retirement System with such costs for VRS participation borne by the
Authority and participation in all of the health and related insurance and other benefits, including
premium conversion and flexible benefits, available to employees of the City of Virginia Beach.
§4. Powers of Authority.
The Authority, acting through the Board, shall be granted all powers necessary or appropriate to
carry out and to effectuate its purposes, including the following to:
1. Have perpetual succession as a public body corporate and as a political subdivision of the
Commonwealth;
2. Adopt, amend and repeal bylaws,rules and regulations, not inconsistent with this article for the
administration and regulation of its affairs, to carry into effect the powers and purposes of the
Authority and the conduct of its business;
3. Sue and be sued in its own name;
4. Have an official seal and alter it at will although the failure to affix this seal shall not affect the
validity of any instrument executed on behalf of the Authority;
5. Maintain an office at any place within or without the City that it designates;
6. Make and execute contracts and all other instruments and agreements necessary or convenient
for the performance of its duties and the exercise of its powers and functions under this article;
2
7. Acquire real or personal property, or any interest therein, by purchase, exchange, gift,
assignment, transfer, foreclosure, lease or otherwise, including rights or easements, and hold,
manage, operate or improve such property;
8. Sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of all or any
part of its properties and assets;
9. Employ officers, employees, agents, advisers and consultants, including without limitation,
financial advisers and other technical advisers and public accountants and, the provisions of any
other law to the contrary notwithstanding, to determine their duties and compensation without the
approval of any other agency or instrumentality;
10. Procure insurance, in amounts and from insurers of its choice, or provide self-insurance,
against any loss, cost, or expense in connection with its property, assets or activities, including
insurance or self-insurance against liability for its acts or the acts of its directors, employees or
agents and for the indemnification of the members of its Board and its employees and agents;
11. Receive and accept from any source aid, grants and contributions of money,property, labor or
other things of value to be held, used and applied to carry out the purposes of this article subject
to the conditions upon which the aid, grants or contributions are made;
12. Enter into agreements with any department,agency or instrumentality of the United States,the
Commonwealth, the District of Columbia or any state for purposes consistent with its mission;
13. Establish and revise, amend and repeal, and charge and collect, fees and charges in connection
with any activities or services of the Authority;
14
15. Issue periodicals and carry and charge for advertising therein;
16. Raise money in the corporate, nonprofit, and nonstate communities to finance the Authority's
activities;
17.Encourage,stimulate,and support tourism in the City by promoting,marketing,and advertising
the City's many tourist attractions and locations;
18. Develop a comprehensive plan to promote the City; and
19.Do any act necessary or convenient to the exercise of the powers granted or reasonably implied
by this article and not otherwise inconsistent with state law.
§ 5. Deposit of money; expenditures; security for deposits.
All money of the Authority,except as otherwise authorized by law or this article,shall be deposited
in accounts in banks or trust companies organized under the laws of the Commonwealth or in
national banking associations located in Virginia or in savings institutions located in Virginia
organized under the laws of the Commonwealth or the United States.The money in these accounts
shall be paid by check signed by the Executive Director or any other officer or employee
designated by the Board. All deposits of money shall, if required by the Board, be secured in a
manner determined by the Authority to be prudent, and all banks, trust companies and savings
institutions are authorized to give security for the deposits.
§ 6. Exemption from taxation.
As set forth in subsection C of§ 1, the Authority shall be performing an essential governmental
function in the exercise of the powers conferred upon it by this article.Accordingly,the Authority
shall not be required to pay any taxes or assessments upon any project or any property or upon any
3
operations of the Authority or the income therefrom. Agents, lessees, sublessees, or users of
tangible personal property owned by or leased to the Authority also shall not be required to pay
any sales or use tax upon such property or the revenue derived therefrom.
§ 7. Exemptions from procurement procedures and data collection.
The provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.) shall not apply to the
Authority. The Authority may employ competitive purchasing practices where practicable.
The Authority shall be treated in the same manner as the Virginia Tourism Authority for purposes
of Government Data Collection and Dissemination Act, such partial exemption is set forth in §
2.2-3802(1).
§ 8. Sovereign immunity.
No provisions of this article nor act of the Authority, including the procurement of insurance or
self-insurance, shall be deemed a waiver of any sovereign immunity to which the Authority or its
directors, officers, employees, or agents are otherwise entitled.
§ 9. Liberal construction of article.
The provisions of this article shall be liberally construed to the end that its beneficial purposes may
be effectuated.
4
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City of Virginia. Beach
8 OF °UR NXIV3
VBgov.com
JOHN MOSS PHONE. (757)363-7745
COUNCILMAN AT LARGE December 30, 2020 JDMOSS OVBGOVCOM
HONORABLE MAYOR
MEMBERS OF CITY COUNCIL
Dear Colleagues,
This correspondence is a follow-on to my prior transmissions on the topic of the way ahead for
the Convention Visitors Bureau mission. We all share the common goal of supporting the
tourism sector of our economy. I believe that goal can be serviced without transferring the
people's sovereignty and our delegated authority from the people to a non-elected body. You
may recall I posed several questions in my PowerPoint brief. In subsequent paragraphs are
answers to some of those questions.
Staff has affirmed to me that City Council can establish a category of"at-will"employment
positions as well as a CVB organizational structure with"at-will"employment positions with a
compensation scheme unique to that organizational structure. There are several paths to address
the transition of the current on-board incumbents in the legacy CVB organizational structure. I
am investing additional time to make sure I can clearly articulate the various paths to get to a
possible desired end-state.
Staff has affirmed that there are sufficient procurement vehicles. Among them are indefinite
quantity contracts,time and material contracts,and consulting services contracts that can be
bundled in a Request for Proposals(RFP). This will provide the flexibility and agility to meet
emergent conditions under all but the most unusual circumstances. The former would mostly
qualify as an exception to the State's Procurement Act. A five-year contract, with two five-year
extensions,would provide continuity as well as an exit strategy.
The scope of work for the RFP,with competence and imagination, can be constructed broadly
enough to account for the known specificity of today's requirements and to respond to what we
do not know about future requirements. The RFP and the associated contract need to include the
required ceiling and minimum award to provide respondents sufficient guarantee of profitable
work with substantial opportunity for profit growth. Additionally, structured financial incentives
for timeliness and performance, as appropriate,can be factored in. Yes, it is a lot of work
upfront. Such work is a necessary condition independent of the organizational platform. I am
not speaking in the abstract. I have used the tools within the confines of federal procurement
regulations and found that even given the dynamics of national defense emergent issues, mission
requirements could be met.
4109 RICHARDSON ROAD.VIRGINIA BEACH,VIRGINIA 23455
2
This paragraph,offers general thoughts to assist in framing the issue, not proposing the necessary
final in-house performance solution. The required competencies and size of the new CVB would
change under a construct of execution largely being performed by the private sector under the
envisioned RFP. CVB would need a contract specialist, financial analysts, three to five experts
for oversight and interaction with vendor, one or two positions for interaction with our local
businesses, two or three positions to accompany our vendor at-trade shows,and two positions
working with the vendor in negotiations for landing conventions and trade shows. Something
significantly less than the current 58 FTEs should be the guidance for the to-be end state.
If we did not have Patrick as our City Manager, I would not be as persistent and aggressive about
reconstituting the CVB mission performance in-house. The situation in our legacy CVB
structure did not just happen; its resiliency decayed under our two prior City Managers and CVB
leadership. We as Council Members, while one-step removed from a responsibility perspective,
are accountable as well. We have gotten here due to a lack of leadership at the helm of the CVB
and a lack of oversight and intervention by prior City Managers.
Patrick, in just the little time he has been with us, has consistently demonstrated he is not wedded
to the status quo. He has demonstrated an appetite and an energy for accomplishing,
respectively, cultural change. I have repeatedly seen a new Skipper take over a low performing
submarine and earn the Battle E. Likewise, I have seen a new Skipper take a successful Battle E
submarine to low performing. None of those Skippers, good or bad, commanding a$3-Billion
asset and a crew of 135 plus in harms way in an unforgiving environment makes$400,000.
We owe it to the City Manager to know fully the tools and flexibility that this City Council is
empowered to authorize and fund,and our willingness to do so, before he states in writing that in
his judgment he cannot accomplish the CVB mission, and proposes it be transferred to another
proposed political subdivision to be known as the Tourism Development Authority. The
submitted written assessment should be unambiguous and without qualification. My assessment
is that Patrick will not provide such a statement in writing. I acknowledge that my assessment
may prove to be personal hubris in this instance.
I know not what position City Council as a body will take on January 5, 2021, regarding
amending our legislative package. If the decision of the body is to modify our legislative
package to the General Assembly to include granting City Council the authority to establish a
politically independent Tourism Development Authority, I will as an individual council member,
engage our local delegation to the General Assembly and General Assembly members of the
committees having jurisdiction on this matter, to persuade them of the errors of the referenced
request.
I do not take exception to the Task Force's de facto conclusion that the in-house legacy CVB has
endured poor leadership. I do take strenuous exception to the unsubstantiated inferred cause and
effect relationship between legacy CVB organization's performance and our tourism industry
performance. One cannot treat the descriptive statistics included in the report as inferential
statistics. Descriptive statistics cannot by their inherent character validate the opinion of the
Task Force members that a City in-house organization inherently cannot effectively execute the
CVB mission.
I do not believe we should take any vote on January 5th except to deter the question indefinitely.
We have spent extremely limited time discussing the merits on the need to even ask for the
authority to establish a Tourism Development Authority.
3
As I stated previously, for us to engage our members of the General Assembly during a short 30-
day session on a recommendation for a major transfer of City Council's authority (read the
people's authority that they consent by election for council members to exercise)that was not
broadly vetted with the public, is asking a bit too much of our General Assembly delegation.
This is especially an important fact given they are up for election this coming November. Just
asking for the legislative authority to have the option of our creating a Tourism Development
Authority is controversial. The case for our General Assembly delegation to take the former
political risk on our request, in my judgment, has not been made.
If we do the homework that the Task Force did not do(it was not explicit tasking of the Task
Force), which is to say to examine the capabilities and capacity that the City can create by fully
exercising and leveraging City Council's authorities. We as City Council will then have a basis
to decide the best way forward,which was fully vetted with the broader public.
Sincerely,
�d }I
John D. Moss
cc: City Manager
City Attorney
City Clerk
Virginia Beach Delegation to the General Assembly
s City of Virginia Beach
s'94's o�G
of OUR NOI°44
VBgov.com
JOHN MOSS PHONE: (757)363-7745
COUNCILMAN-AT-LARGE December 17, 2020 JOMossovecov.cou
HONORABLE MAYOR
MEMBERS OF CITY COUNCIL
Dear Colleagues,
Attached is a brief on my assessment and recommendation in response to the Convention and Visitors
Bureau Community Task Force Report, that 1 am making public. I did not receive any replies in response
to my request for feedback that you may respectively have. I have copied the Virginia Beach General
Assembly Delegation on this letter, given the fast track that our decision-making schedule is on due to the
holiday season.
The brief since the draft you last received, has been modified to include additional questions posed to the
City's Human Resources and Economic Development directors, coordinating with the City Attorney. The
additional questions are to better understand the flexibility the City has, but has not exercised, and what
human resource management flexibilities are possessed by an Authority that is a political subdivision of
the Commonwealth, when the municipal government is also a political subdivision of the Commonwealth.
Our next opportunity to discuss this topic as a body, after the maybe only twenty minutes of discussion on
December 1, 2020, will be on Tuesday,January 5, 2021. This is the tentatively scheduled date for a vote
to ask the General Assembly to grant the City the authority to establish a Tourism Development
Authority, which would transfer authority and accountability now vested in the City Council to an
autonomous authority with no direct accountability to the voters.
I am not in favor of submitting a legislative proposal request to the General Assembly to establish a
Tourism Development Authority. I am certain our new City Manager possesses the managerial skills and
leadership talents, with our support, to structure an in-house organization with contractor support that
fully leverages the flexibilities available to us under existing statues and regulations. Whatever decision
the majority of City Council makes, it needs to be made after much more thoughtful consideration than
we have given the topic to date.
Sincerely,
f
John D. Moss
CC: Virginia Beach General Assembly Delegation
4109 RICHARDSON ROAD,VIRGINIA BEACH.VIRGINIA 23455
12/12/20
Way Ahead
on Resetting the Baseline
of the City's
Convention Visitors Bureau
Virginia Beach, Virginia,At-Large Council Member, Mr.John D. Moss
December 2020
Upfront Su 12/12/20
gestion
Significantly more discussion, engagement, and learning with
the full spectrum of the community and among ourselves is
required before we petition the General Assembly to even allow
the City Council to consider transferring its, and therefore the
people whom we serve, authority and taxpayer resources for
tourism development to a distinct and autonomous authority.
The planned vote on Tuesday, January 5, 2021 to add a request for the Virginia Beach
City Council be authorized to establish a Tourism Development Authority to the City's
Legislative Package to the General Assembly should be indefinitely deferred while City
Council as a body and its individual members conduct the due diligence this subject
requires.
Thoughts to Keep in Mind DRAFT
Tourism is a major business sector, while a mature industry, that is vital to
the ongoing economic success of the city and prosperity of households of
owners, employees and industry suppliers.
Tourism industry's success is our success as a Community.
Just as war is too important to be left to generals, taxpayers financial
support to tourism is too important to delegate to a non-elected body
composed mainly of tourism business stakeholders.
12/12/20
• Topic: Proposal to create a Virginia Beach Tourism Development
Authority
• Specific issue for public comment: Request the General Assembly
to pass a statue that enables the Virginia Beach City Council to
create a Tourism Development Authority
• When: City Council Public Comment on Tuesday, December 8, 2020
at 6 PM at the Virginia Beach Convention Center
• You can register with the City Clerk to participate in person or
on-line by calling 385-4242
Proposed Virginia Beach Tourism Development Authority 12/12/20
• What: Like the VB Development Authority an independent entity
• Independent of the City Council's and City Manager's direction
• 13 Member Board appointed by City Council
• Four-year terms
• Initial terms:
• Six members for four-years and five members for six-years
• Scope: The current City's Convention Visitors Bureau functions, staffing direct and managed
taxpayer resources would realigned to VB Beach Tourism Development Authority that has no
direct accountability to taxpayers and makes expenditures decisions independent of City
Council
• Recall when the VB Development Authority(VBDA)expended$900,000 on pursuing the Sacramento Kings
when it was so obvious we were being played, but Council as body did not know about it until after the fact. It
was council members not the VBDA that the public was holding accountable
• Powers: "The Authority, acting through the Board shall be granted all powers necessary or
appropriate to carry out to effectuate its purposes....Do any act necessary or convenient to the
exercise of the powers granted or reasonably implied by this article and not otherwise
inconsistent with state law."
City Council by adopting this resolution is requesting that the Commonwealth allow City Council to transfer authority now
invested in the City Charter to the City Council to an independent political subdivision without the active consent of the
voters who approved our City Charter.
iz/1z/zo
How did we get here ?
12/12/20
In an uncertain beginning ...
Non-attributable dissatisfaction with the performance of the City's Convention
Visitors and Bureau's performance over an indeterminate period of time never
directly communicated to City Council as a body or in public hearings prior to
budget adoption led to the following report being presented to City Council.
Virginia Beach Convention and Visitors Bureau
Management Analysis and Recommendations
Presented to the City of Virginia Beach
By Academy Street Collaboration, LLC
January 24, 2020
12/12/20
This report... Virginia Beach Convention and Visitors Bureau
Management Analysis and Recommendations
Presented to the City of Virginia Beach
By Academy Street Collaboration, LLC
January 24, 2020
Led City Council to establish and appoint a Task Force that delivered this report...
Virginia Beach Convention and Visitors Bureau
Community Task Force City Council Package
Presented to the City of Virginia Beach
Deputy City Manager Ron Williams supported by hired consultant
December 1, 2020
Virginia Beach Convention and Visitors Bureau Management DRAFT
Analysis and Recommendations
(Council Member's Moss deductions from the Report
[doe, not translate to my concurrence with the deductions)*
External Threat: Being outpaced by our competition and losing market share and
having our brand redefined by others.
Internal Threats:
• Inept leadership
• Governance structure
• Defective organizational culture
• Level of resourcing
Shortfalls relative to competition:
• Product development
• Community collaboration
• Innovation
• Marketing and sales
*From the Report's Executive Summary pages 4 through 8.
Virginia Beach Convention and Visitors Bureau (CVB) 12/12/20
Management Analysis and Recommendations (continued)
(Council Member's Moss deductions from the Report
[does not translate to my concurrence with the deductions)*
Assertions by inference:
• Insufficient participatory role by the private sector (read oceanfront
stakeholders)
• Existing executive management is insufficient
Recommendations:
• City Council establish a CVB Community Task Force (CTF)
• The CVB CTF would conclude their work in 90 days
• The VCB Chaired by a private sector CEO
• The CVB Community Task Force would review the following options:
• CVB status quo
• 501c3 Non-profit
No matter the Option: "its an economic necessity that the organization's mission,strategy, marketing, sales, governance
and organizational management be realigned."
*From the Report's Executive Summary pages 4 through 8.
Virginia Beach Convention and Visitors Bureau (CVB) 12/12/20
Management Analysis and Recommendations (continued)
(Council Member's Moss insights and extracts from the Report
Environmental Scan:
• CVB organizational status quo:
• Staffing equals 58 Full Time Equivalents (page 15 of the report)
• Director reports to a Deputy City Manager
• Budgeted resources in excess of $30 million
• Director position vacant (last compensation, $167,000 plus benefits)
• Operates out of leased class A office space at oceanfront
*From the Report's Executive Summary pages 10 through 13. '1
Virginia Beach Convention and Visitors Bureau (CVB) 12/12/20
Management Analysis and Recommendations (continued)
(Council Member's Moss deductions from the Report
• Performance Trends
• Hotel demand relatively flat over the last ten years; revenues after
inflation are up 1.566 percent per year on average (no discussion of how net
margins due to tax regulations or other productivity may increased over this period)
• Increased occupancy statistics 2019 over 2018 is mainly due to supply of
rooms shrinking faster that demand (not sure how non-oceanfront hotels impact
numbers and does not account for recent hotels in Town Center, new hotel coming to Princess
Anne Road, and new hotel coming to Town Center
• Higher percentage of respondents to a survey said they did not know if
they are likely to visit Virginia Beach in the future. (Myrtle Beach 35%; Outer
Banks 40%;Ocean City 44%and Virginia Beach 49%)
• Inference of brand erosion was among competitors, respondents are least
familiar with Virginia Beach. (Myrtle Beach 57%, Outer Banks 47%, Ocean City 47%,
Virginia Beach 37%)
12
*From the Report's Executive Summary pages 10 through 13.
Virginia Beach Convention and Visitors Bureau (CVB) 12/12/20
Management Analysis and Recommendations (continued)
(Council Member's Moss deductions from the Report
• National Larger Economic Hospitality Industry Trends: Hotels
• "... US hotel occupancy and Average Daily Rate (ADR) may be at the end
of a long dynamic growth cycle
• Average ADR growth nationally has been negative for five consecutive
quarters
• Industry analysts have concluded that "the longest hotel RevPar `upcycle'
in the past 30 years ... has run its course."
My assessment: flat to decreasing pricing power, declining margins, increase competition
from short term rentals and increasing cost of visitor acquisition. My questions: impact to
return on investment, and where is the knee in the curve when answering the question is
the "juice worth the squeeze?
*From the Report's Executive Summary pages 13 and 14.
Virginia Beach Convention and Visitors Bureau (CVB) Management 12/12/20
Analysis and Recommendations
Council Member Moss's assessment of what the CVB Management
Analysis and Recommendations Report did not do
• Did not establish a cause and effect relationship between the existing CVB
organization placement and performance to the claimed internal threat that the
Report asserts
• Did not normalize hotel room inventory across competitive markets nor the miles
of shore line each community has to grow rooms and no details on how the source
markets for visitors might overlap
• Did not acknowledge the delivery of the 19th Street Field House and the future
delivery of the Dome Site, and the programmed improvements for 17th Street, and
the downstream makeover of Atlantic Avenue
• Did not succinctly define the problem to be solved nor did it define the metrics if
met would constitute success
14
Virginia Beach Convention and Visitors Bureau (CVB) Management 12/12/20
Analysis and Recommendations
Council Member Moss' Takeaways
• In-house business model needs to be replaced (major restructuring) under the City Council
and City Manager.
• Past city managers and directors of the Convention Visitors Bureau failed to exercise change
management and fully disclose barriers to performance.
• City Council needs to receive frequent data analytics updates on a dashboard on tourism
performance indices.
• Tourism development needs to remain in-house with a twist — smaller cell of employees
working under different employee classification and performance structure that relies on a
five-year with two options to renew contract provider.
• Creating another organization will just add to overhead costs and eliminates the direct
accountability to the taxpayers
12/12/20
Eleven months letter from January 2020, City Council gets ...
Virginia Beach Convention and Visitors Bureau
Community Task Force City Council Package
Presented to the City of Virginia Beach
Deputy City Manager Ron Williams supported by hired consultant
December 1, 2020
12/12/20
Virginia Beach Convention and Visitors Bureau
Community Task Force's Mission
"To evaluate the three potential alternative new organizational
structures (remain with the City government, Hybrid public-private
foundation or authority, Public-private nonprofit) and make
recommendations to the City Council on the best path forward,
provide input on the qualities sought in a new CVB director or Chief
Executive Officer and perform any additional duties assigned to the
Task Force by City Council. September 11,2020 Agenda statement of CVB Task Force
12/12/20
Virginia Beach Convention and Visitors Bureau
Community Task Force's Recommendation
Thirteen member City Council appointed and
thereafter autonomous Tourism Development
Authority. December 1,2020 brief to the Virginia Beach City Council
12/12/20
Virginia Beach Convention and Visitors Bureau
Community Task Force's Membership
• Two council members (Mr. Tower and Ms. Wilson
• One Beach resident member - not directly impacted from the Task
Force's recommendation (D. Howard
• Thirteen tourism stakeholder members - directly benefiting from the
Task Force's recommendation: (B.J. Baumann, Z. Burden, T. Counts,
C. Dyer, J. Evan-Cox, L. Habr, R. Melatti, P. Midgett, H. Richardson, M.
Ryan, C. Thornton, R. Vogel, and J. Zirkle)
12/12/20
Virginia Beach Convention and Visitors Bureau
Community Task Force's Observation
Independent of the their recommendation and options assessed, the
lack of a convention hotel adjacent to the convention center is identified
as the major impediment to increasing visitors.*
My note: To secure conventions cities have to offer concessions in terms of x number of free rooms, reduced
room rates for attendees and other free accommodations. Financing the capital cost of the amenities of a
conference that cannot be passed on to customers attending customers drives significant taxpayer on-going
subsidies and frequently upfront direct contributions. When the Convention Center was built the then CVB
Director asserted to then sitting City Council that a convention hotel was not necessary to the success of the
convention center. The biggest drawback is if the debt financing is secured in any manner that creates a
liability directly or indirectly to Beach taxpayers. The impact of the Sports Center and Dome Site were not
empirically assessed.
DRAFT
Virginia Beach Convention and Visitors Bureau
Community Task Force's
anecdotally based observations offered as threats
"Local hoteliers and restaurateurs suggest the profile of the typical VB
visitor has changed and is now an "economy' versus a 'mid-scale' or
'upper scale' visitor. "
Perception that the Virginia Beach oceanfront is less safe than
competing destinations.*
*Current CVB or the recommended Tourism Development Authority cannot be accountable for tourist safety.
Proposed Virginia Beach Tourism Development Authority 12/12/20
• What: Like the VB Development Authority an independent entity
• Independent of the City Council's and City Manager's direction
• 13 Member Board appointed by City Council
• Four-year terms
• Initial terms:
• Six members for four-years and five members for six-years
• Scope: The current City's Convention Visitors Bureau functions, staffing direct and managed
taxpayer resources would be realigned to VB Beach Tourism Development Authority that has
no direct accountability to taxpayers and makes expenditures decisions independent of City
Council
• Recall when the VB Development Authority(VBDA)expended$900,000 on pursuing the Sacramento Kings
when it was so obvious we were being played, but Council as body did not know about it until after the fact. It
was council members not the VBDA that the public was holding accountable
• Powers: "The Authority, acting through the Board shall be granted all powers necessary or
appropriate to carry out to effectuate its purposes....Do any act necessary or convenient to the
exercise of the powers granted or reasonably implied by this article and not otherwise
inconsistent with state law."
City Council by adopting this resolution is requesting that the Commonwealth allow City Council to transfer authority now
invested in the City Charter to the City Council to an independent political subdivision without the active consent of the
voters who approved our City Charter.
Proposed Virginia Beach Tourism Development Authority 12/12/20
Unsubstantiated Assertions
(made without multivariate analysis and v. jwithout a detailed case study qualitative analysis)
• In-house CVB cannot recruit the requisite executive talent required due to
compensation capped (cannot pay $400,000).
• My note: We can hire a City Manager to run the whole City for$275,000, but we need to pay more than
that for a professional who manages $30 million versus $2 billion and 7,000 employees of the City
Manager.
• In-house CVB cannot exercise the agility to effectively and efficient adapt to
changing circumstances.
• My note:This may be a trait of the legacy CVB, but it is not an inherent trait of in-house performance nor is
the legacy structure the only possible structure for in-house performance.
• In-house CVB cannot provide for meaningful stakeholders' participation and
financial contributions
• My note: In-house CVB does not grant unelected industry stakeholders autonomous control in spending
taxpayers' money and no direct accountability to the voters. City can accept donations and grants from the
private sector.There are mechanism to increase stakeholder's participation without an Authority.
What do we still need to learn? 12/12/20
• What are the provisions of the State Procurement Act that
permit emergency procurement for exceptional circumstances
and what is that criteria?
• What procurement strategies, such as indefinite quantity
contracts, high ceiling and broad scope time and material
contracts provide requisite agility?
• Can we achieve all the asserted capability with no loss direct
public accountability via the RFP process for a five-year
contract with options?
I have asked the Economic Development Department in
coordination with the City Attorney's office for a reply.
12/12/20
What do we still need to learn ?
• What Federal and State statues and regulations apply to City
that would not apply to an Authority that is also a political
subdivision of the Commonwealth?
• What keeps the City from establishing a special category of
employees internally that has the same flexibility being
asserted that another political subdivision of the
Commonwealth, the Authority, would have?
I have asked the Human Resources Department and City Attorney
to coordinate on providing an answer to these questions.
My Preliminary Assessments 12/12/20
• A compelling case to establish the proposed Tourism Development
Authority has not been made. It is not the solution.
• The reference reports individually or collectively did not establish a
cause and effect relationship between the organizational placement of
the CVB (within the City) and the documented descriptive statistics.
• A new CVB located within the City with a revolutionary structure that
will be become the new best practice in the spirit of "Zero to One" by
Peter Thiel is needed.
• Our City Manager is a better than outstanding professional and he
possesses the talent and leadership to revolutionize the CVB. 2L
12/12/20
I provided a draft of this document on Tuesday, December 8,
2020, for comment and requested any feedback by noon on
Friday, December 11, 2020. No comments were received by
then or by Saturday, December 12, 2020 at 3:30 P.M.
A copy of the draft brief was also provided to the City
Manager on Tuesday, December 8, 2020, with no request for
or expectation of feedback. No feedback was received.
12/12/20
The End
46
ITEM VILK2
ORDINANCES/RESOLUTIONS
ITEM#71167
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Resolution to NOMINATE Andrew G. Baan, Thomas Leahy, and Mark Johnson to the
Governor as candidates for the position of Virginia Beach local representative to the Southeastern Public
Service Authority(SPSA)
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
January 5, 2021
1 A RESOLUTION TO MAKE NOMINATIONS TO
2 THE GOVERNOR FOR THE SPSA BOARD
3
4 WHEREAS, Bill Sorrentino has served as the City's local representative on Board
5 of the Southeastern Public Service Authority (SPSA) for the last six years;
6
7 WHEREAS, Mr. Sorrentino has provided his notice of resignation, effective
8 January 1, 2021;
9
10 WHEREAS, § 15.2-5102.1 of the Code of Virginia requires the City Council to
11 nominate three persons with general business knowledge to be appointed by the
12 Governor to fill the vacancy on the SPSA Board;
13
14 WHEREAS, the City Staff has reviewed and recommends the three names
15 appearing below for nomination to the Governor.
16
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA, THAT:
19
20 The following three nominees are to be presented to the Governor for appointment
21 as the Virginia Beach local representative on the Board of SPSA for the unexpired term
22 of office formerly held by Bill Sorrentino:
23
24 1 . Andrew G. Baan
25 2. Thomas Leahy
26 3. Mark Johnson
27
28 BE IT FURTHER RESOLVED, THAT
29
30 The City Manager is hereby directed to transmit a certified copy of this resolution
31 to the Governor.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 5th
day of January , 2021.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Department of Public Works Ci ney's Office
CA15293
R-1
December 21, 2020
47
ITEM VILKC 3
ORDINANCES/RESOLUTIONS
ITEM#71168
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to DONATE reclaimed oyster shells to Lynnhaven River NOW re Mary Lou Gayle
Memorial Oyster Reef in the Eastern Branch of the Lynnhaven River
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
January 5, 2021
1 AN ORDINANCE TO DONATE RECLAIMED OYSTER
2 SHELLS TO LYNNHAVEN RIVER NOW FOR THE
3 PURPOSE OF CREATING A MEMORIAL
4 SANCTUARY REEF IN THE EASTERN BRANCH OF
5 THE LYNNHAVEN RIVER
6
7 WHEREAS, Lynnhaven River NOW is a local non-profit corporation dedicated to
8 restoring and protecting Virginia Beach waterways;
9
10 WHEREAS, Lynnhaven River NOW is planning to construct the Mary Lou Gayle
11 Memorial Oyster Reef in the in the Eastern Branch of the Lynnhaven River; and
12
13 WHEREAS, the City has sufficient bushels of reclaimed oyster shell located at the
14 City landfill on Jake Sears Road to support the proposed reef project.
15
16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA, THAT:
18
19 The City Council hereby authorizes a donation of up to 10,000 bushels of
20 reclaimed oyster shell to Lynnhaven River NOW.
Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day
of January , 2021 .
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
ou .10
Department of Public Works City Atto y's Office
CA15291
R-1
December 21, 2020
48
ITEM VII.K.4
ORDINANCES/RESOLUTIONS
ITEM#71169
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Resolution to AUTHORIZE the City Manager to EXECUTE a Memorandum of Agreement
to contribute$500,000 to the Department of the Army re Lynnhaven Inlet maintenance dredging
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
January 5, 2021
1 A RESOLUTION AUTHORIZING THE EXECUTION OF
2 A MEMORANDUM OF AGREEMENT FOR THE
3 CONTRIBUTION OF FUNDS TO THE DEPARTMENT
4 OF THE ARMY FOR LYNNHAVEN INLET
5 MAINTENANCE DREDGING
6
7 WHEREAS, the United States Congress amended the U.S. Code to allow a
8 political subdivision to contribute all of the funds to the Department of the Army for a
9 project such as the dredging of the Lynnhaven Inlet (the "Project");
10
11 WHEREAS,the current estimated City contribution for the Project is$500,000; and
12
13 WHEREAS, the dredging and maintenance of the Lynnhaven Inlet serves many
14 public interests including the protection of property, the enhancement of the City's natural
15 resources, and the encouragement of commerce and tourism.
16
17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA, THAT:
19
20 The City Manager is hereby authorized and directed to execute a Memorandum of
21 Agreement for the Contribution of Funds in the amount of$500,000 with the Department
22 of the Army for Lynnhaven Inlet Maintenance Dredging, and a copy of the material terms
23 of this agreement is attached hereto and incorporated.
Adopted by the Council of the City of Virginia Beach, Virginia on the 5 t h day of
January , 2021.
PROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
epartmen f Public Works y's Office
CA15290
R-1
December 21, 2020
Summary of Material Terms
Memorandum of Agreement for the Contribution of Funds
Parties: Department of the Army (USACE)
City of Virginia Beach (CITY)
Purpose: Contribution of funds for the maintenance dredging of the Lynnhaven Inlet
(the "Project")
City's
Obligation: Pay an amount not to exceed$500,000 for the costs of dredging by the Army
Corps of Engineers including surveys, administration, and inspections.
Army's
Obligation: To provide leadership, obtain permitting, and procure contractors for the
Project.
Project
Coordination: Representatives of the Department of the Army and the City will coordinate
to oversee the Project.
Indemnification: As required in previous coordination agreements,the City will agree to hold
the Federal Government harmless from all damages arising from the Project
except for damages due to the fault or negligence of the Federal
Government or its contractors.
49
ITEM VILK.5
ORDINANCES/RESOLUTIONS
ITEM#71170
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE the City Manager to ACCEPT the dedication of residual rights
for areas located in and near Croatan Beach including Sandy Beach;Streets,Lanes, Roads,Avenues, and
Alleys; and the Eastern Portion of Lake Wesley,from Bank of America, N.A., Trustee under the Will of
Amelia G. McLean, deceased August 25, 1989 Family Trust
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
January 5, 2021
1 AN ORDINANCE TO AUTHORIZE THE
2 ACCEPTANCE OF THE DEDICATION OF THE
3 RESIDUAL RIGHTS IN 1) THE SANDY BEACH; 2)
4 THE STREETS, LANES, ROADS, AVENUES, AND
s ALLEYS; AND 3) THE EASTERN PORTION OF
6 LAKE WESLEY, LOCATED IN AND NEAR
7 CROATAN BEACH, FROM BANK OF AMERICA
8 N.A., TRUSTEE UNDER THE WILL OF AMELIA G.
9 MCLEAN, DECEASED AUGUST 25, 1989 FAMILY
io TRUST
11
12 WHEREAS, Croatan Beach Corporation ("CBC") was the developer of the
13 Croatan Beach subdivision;
14
15 WHEREAS, Bank of America, N.A., Trustee under the Will of Amelia G. McLean,
16 Deceased August 25, 1989 Family Trust ("BOA") is the successor in interest to CBC of
17 the residual rights in the sandy beach; the streets, lanes, roads, avenues, and alleys;
is and the submerged lands of the eastern portion of Lake Wesley (collectively, the
i9 "Property"), as described in the attached Exhibit A;
20
21 WHEREAS, BOA desires to dedicate all of its rights, title, and interest in the
22 Property to the City of Virginia Beach (the "City"); and
23
24 WHEREAS, the City's acceptance of the dedication of the Property will promote
25 the City's goals to maintain and replenish its beaches, to maintain and utilize the rights-
26 of-way for public passage and for drainage and utility infrastructure, to facilitate public
27 and private dredging of the waterways, and for other public purposes.
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA:
31
32 1. That the City Council authorizes the City Manager or his designee to
33 accept the dedication of the residual rights in the Property as described in the attached
34 Exhibit A, owned by Bank of America, N.A., Trustee under the Will of Amelia G.
35 McLean, Deceased August 25, 1989 Family Trust.
36
37 2. That the City Manager, or his designee, is further authorized to execute
38 any and all documents that may be necessary and appropriate to accept the dedication
39 of the Property, including such terms, conditions and modifications as may be
40 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney.
41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day
42 Of January , 2021.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY AND FORM
City Attorney Public Works
CA15202
R-1
\\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d017\p036\00688892.doc
December 21, 2020
EXHIBIT A
Sandy Beach (GPIN: 2427-30-8604) and Rights-of-Way (No GPIN Assigned)
All that certain parcel of land lying and being in the City of Virginia Beach, Virginia
and being described as that strip of land lying between the Atlantic Ocean and the
eastern property lines of the platted lots and blocks between the northern end of
the property of Chautauqua By The Sea, shown as a dashed line identified as
"Boundary Line", and running southward to the south side of Lot 20, in Block 12,
which strip of land includes the area identified as "Ocean Boulevard", all as shown
on the plat entitled "Plan of Chautauqua By The Sea", recorded in Map Book 1,
page 1b, in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia (the "Clerk's Office").
Said parcel of land also being described as Ocean Boulevard lying eastward of the
platted lots and blocks between the south side of the line entitled "Property Line
as Defined on the Ground" and the south side of Lot 20, in Block 12, on the plat
entitled "Plan of Chautauqua By the Sea", recorded in Map Book 8, page 24, in the
Clerk's Office.
Said parcel of land also being described as that strip of land lying between the
Atlantic Ocean and the eastern property lines of the platted lots and blocks
between the north side of Block 31 and the unnumbered lot south of Washington
Avenue, as shown on the plat entitled "Croatan Beach", recorded in Map Book 24,
page 37, in the Clerk's Office.
Together with all right, title and interest, if any, in the streets, lanes, roads,
avenues or alleys shown on all of the aforesaid plats, less and except any portion
of the said streets, lanes, roads, avenues or alleys previously closed by the Princess
Anne County Board of Supervisors or the City of Virginia Beach and/or previously
conveyed by the Grantor, or the Grantor's predecessors in title.
Eastern Portion of Lake Wesley (GPIN: 2427-20-6108)
All that certain parcel of land, lying and being in the City of Virginia Beach,Virginia
and being designated and described as the lands, waters, and bottomlands
(subaqueous or submerged lands) of "Croatan Bay" and "Lake Wesley", lying
channelward of the platted lots, including uplands and partially or totally
submerged portions of Croatan Bay and Lake Wesley and any fingers, coves, or
tributaries adjacent to platted lots, as shown on that plat entitled "REVISED
DREDGING LIMITS IN LAKE WESLEY", dated November, 1977, and recorded in Map
Book 126, page 53, in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia (the "Clerk's Office").
And also being the lands, waters, and bottomlands (subaqueous or submerged
lands) of "Croatan Bay", lying channelward of platted lots, including uplands and
partially or totally submerged portions of Croatan Bay and any fingers, coves, or
tributaries adjacent to platted lots, as shown on that plat entitled "RESUBDIVISION
OF PART OF CROATAN BEACH", dated June, 1954, and recorded in Map Book 37,
page 11, in the Clerk's Office.
And also being the lands, waters, and bottomlands (subaqueous or submerged
lands) of "Lake Wesley", lying channelward of platted lots, including uplands and
partially or totally submerged portions of Lake Wesley and any fingers, coves, or
tributaries adjacent to platted lots, as shown on that plat entitled "RESUBDIVISION
OF LOTS 2-14 RESUBDIVISION OF PART OF CROATAN BEACH (MB 37, P 11)
SCHOONER QUAY AT CROATAN", dated December 11, 1981 and recorded in Map
Book 160, page 18, in the Clerk's Office.
TOGETHER WITH all right, title and interest in any unnumbered parcels of land,
waters or bottomlands (subaqueous or submerged lands) shown on the aforesaid
plats.
LESS AND EXCEPT that portion of said lands described in that deed recorded in the
aforesaid Clerk's Office as Instrument No. 200410280171749.
LESS AND EXCEPT any portion of said lands previously conveyed by Grantor or
Grantor's predecessors in title, but subject to rights of others to dredge said lands.
SUBJECT TO the terms and conditions set forth in those agreements recorded in
the Clerk's Office in Deed Book 350, page 199 and Deed Book 1777, page 603. The
terms and conditions of said agreements shall remain in full force and effect to
the extent the terms and conditions are applicable.
SUBJECT TO those certain agreements regarding the construction of piers,floating
docks, mooring buoys, mooring piles, boat lifts, gazebos, and other structures
approved under the terms of the agreements, duly recorded in the Clerk's Office.
Such agreements shall remain in full force and effect in accordance with their
applicable terms and conditions, and nothing herein shall be deemed to extend or
change the terms and conditions of such agreements.
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50
ITEM VILK.6
ORDINANCES/RESOLUTIONS
ITEM#71171
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned property
known as Lake Joyce located at the rear of 4404 Powells Point Road re install and maintain riprap
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
January 5, 2021
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO A
5 PORTION OF CITY-OWNED PROPERTY
6 KNOWN AS LAKE JOYCE LOCATED AT THE
7 REAR OF 4404 POWELLS POINT ROAD
8
9 WHEREAS, Dina Kincaid Crewe and Jeffrey T. Crewe (the "Crewes") have
10 requested to install and maintain proposed riprap (the "Encroachment")within a portion of
11 the City's property known as Lake Joyce and into a 20' strip of City property around Lake
12 Joyce located at the rear of 4404 Powells Point Road; and
13
14 WHEREAS, a previous encroachment for the removal of the existing timber
15 piles and to construct and maintain an existing bulkhead and new timber pier within a
16 portion of City property known as Lake Joyce and into a 20' strip of City property around
17 Lake Joyce was approved on August 6, 2019 as ORD-3597B; and
18
19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
20 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
21 the City's right-of-way subject to such terms and conditions as Council may prescribe.
22
23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25
26 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Crewes, their heirs, assigns
28 and successors in title, are authorized to construct and maintain the Encroachment for the
29 proposed riprap into a portion of the City's property known as Lake Joyce and into a 20'
30 strip of City property around Lake Joyce as shown on the map entitled: "EXHIBIT A
31 ENCROACHMENT EXHIBIT SHOWING PROPOSED RIP RAP FOR DINA KINCAID
32 CREWE & JEFFREY T. CREWE LOCATED ON LOT 17, POWELLS POINT M.B. 29 P. 36
33 CITY OF VIRGINIA BEACH, VA," revised and dated November25, 2020, having a Scale of
34 1" = 30', and prepared by Gallup Surveyors & Engineers, a copy of which is attached
35 hereto as Exhibit A, and on file in the Department of Public Works and to which reference is
36 made for a more particular description;
37
38 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to
39 those terms, conditions and criteria contained in the Agreement between the City of Virginia
40 Beach and the Crewes (the "Agreement"), an unexecuted copy of which has been
41 presented to the Council in its agenda, and will be recorded among the records of the
42 Clerk's Office of the Circuit Court of the City of Virginia Beach;
43
44 BE IT FURTHER ORDAINED, that the City Manager or his authorized
45 designee is hereby authorized to execute the Agreement; and
i
46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
47 such time as Dina Kincaid Crewe and Jeffrey T. Crewe and the City Manager or his
48 authorized designee execute the Agreement.
49
50 Adopted by City Council of the City of Virginia Beach, Virginia, on the
51 5th day of January , 2021.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
a41.`11177), at/6/
P BLIC WORKS, REAL ESTATE .6vDANAO. HAR EYER,
SENIOR CITY ATTORNEY
CA14880
\'\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d019\p037\00683562.doc
R-1
November 30, 2020
2
LAKE JOYCE
CITY OF VIRGINIA BEACH PROPOSED
D.B. 1018 P. 154 RIP RAP
*PREVIOUSLY M.B. 29 P. 36
APPROVED GPIN: 1570-80-2438
EXISTING ,;;X"'y�•'t 4,.-
\-:13
WOOD PIER �ii:�'•�r=T��!a�l�.%��S i.
0 EDGE OF WATER .lti; ;,% •ti��''• c
.(.7,-- T_ ,fit•ter, CV
cp .
' . �,.• N N
. — I/• 4 to eN
•
N 20' STRIP
�� PROPERTY OF FRAME
CITY OF SHED
VIRGINIA BEACH
DINA KINCAID CREWE &
JEFFREY T. CREWE
STEPS I.N. 20200901000797700
LOT 17
WOOD DECK M.B. 29 P. 36
GPIN: 1479-79-1977
. GENERATOR f ��I NOW OR FORMERLY
L�. JILL M. CARSON &
o (Ni m <v JUDY F. CARSON
STORY o I.N. 20170728000634750
cT_ Q • • BRICK RESIDENCE 00 LOT 18
CD # 4404 �`V. �� M.B. 29 P. 36
o - V- GPIN: 1479-79-3914
>- e� U
lrx,, a a O EX. 10' PUBLIC
Q a a o �::r.: EASEMENT FOR
J m • 3::• • c �P� HIGHWAY PURPOSES
o °O :' c�N M.B. 29 P. 36
3Qa
o•..
= ao
zv � o z: ------- —
L=55.39' EXHIBIT A
R=50.00' PIPE (F) ENCROACHMENT
- EXHIBIT SHOWING
1,240'± TO _ POWELLS POINT ROAD PROPOSED RIP RAP
GREENWELL RD. 45.43
�= M.B. 29 P. 36 FOR
R,g6.00 DINA KINCAID CREWE &
NOTE: PIPE (F) � �ALTH pF G JEFFREY T.LOCATED ON
1. THIS PLAN WAS PERFORMED O LOT 17, POWELLS POINT
WITHOUT THE BENEFIT OF A g ��' M.B. 29 P. 36
TITLE REPORT. O D R. UTLER - CITY OF VIRGINIA BEACH, VA
*2. AN ENCROACHMENT L..) No. SCALE: 1" = 30' DATE: MARCH 19, 2020
AGREEMENT RECORDED IN . ` 38395 REV. JULY 20, 2020
I.N. 20190820000699420 4 5,2'��� REV. AUGUST 24, 2020
3 ANIS EXHIBIT IS ENCROACHMENT ENDED FOR ASS/O AL ---\ \�' REV.EV. SEPT. 25, 2020
NOV. 25, 2020
REQUEST ONLY. NAL
0 30 60 GALLUP SURVEYORS & ENGINEERS
323 FIRST COLONIAL RD, VIRGINIA BEACH, VA 23454
ilei
20-12 (757)428-8132
G\20\20-12-Crewe,Jeffrey-4404 Powells Point Rd\20-12 encr plat 9-25-20.dwg,11/25/2020 2.02:59 PM
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
CI
THIS AGREEMENT, made this day of Cc CSFfZ. , 2026 , by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and DINA KINCAID CREWE and JEFFREY
T. CREWE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively,
"Grantee," even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot "17," as shown on that certain plat entitled:
"POWELLS POINT PROPERTY OF EVELYN POWELL SITUATE IN KEMPSVILLE
DISTRICT PRINCESS ANNE COUNTY, VA.," dated December 27, 1951, having a
Scale of 1" = 100', and prepared by P.F. Mueller CE 118, which said plat is recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book
29, at page 36, and being further designated, known, and described as 4404 Powells
Point Road, Virginia Beach, Virginia 23455;
WHEREAS, it is proposed by the Grantee to install and maintain riprap
(the "Temporary Encroachment",) in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of existing City
GPIN: 1570-80-2438 (Lake Joyce and 20' Strip of City Property)
GPIN: 1479-79-1977 (4404 Powells Point Road)
property known as Lake Joyce and the 20' strip of City property around Lake Joyce,
(collectively, the "Encroachment Area"); and
WHEREAS, a previous encroachment for the removal of the existing
timber piles and to construct and maintain an existing bulkhead and new timber pier
within a portion of City property known as Lake Joyce and into a 20' strip of City
property around Lake Joyce was approved on August 6, 2019 as ORD-3597B.
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt 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 Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "'EXHIBIT A
ENCROACHMENT EXHIBIT SHOWING PROPOSED RIP
RAP FOR DINA KINCAID CREWE & JEFFREY T. CREWE
LOCATED ON LOT 17, POWELLS POINT M.B. 29 P. 36
CITY OF VIRGINIA BEACH, VA," revised and dated
November 25, 2020, prepared by Gallup Surveyors &
Engineers, a copy of which is attached hereto as Exhibit A
and to which reference is made for a more particular
description.
2
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the City shall have the
right to repair or remove the Temporary Encroachment in the event of an emergency or
public necessity or public safety, and Grantee shall bear all costs and expenses of such
repair or removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
3
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood that any existing encroachments
referenced in the Exhibit of this Agreement are the ongoing maintenance obligation of
the Grantee and the City disclaims any ownership interest or maintenance obligation of
such encroachments.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined,
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, with relation to the construction, location, and/or existence of the Temporary
Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
4
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, DINA KINCAID CREWE and JEFFREY T.
CREWE, the said Grantee, has caused this Agreement to be executed by their
signatures. Further, that the City of Virginia Beach has caused this Agreement to be
executed in its name and on its behalf by its City Manager and its seal be hereunto
affixed and attested by its City Clerk.
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 202 , by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 202_, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
I
_'- 1 0( (,(10
It A KINCAID CREWE, Owner
EY T. CREWE, Owner
STATE OF ioRGtNib.
CITY/COUNTY OF\k.P-GvAt4,LEAe.Ak , to-wit:
\51
The foregoing instrument was acknowledged before me this day of
ece„*.i.P . 2020 , by DINA KINCAID CREWE and JEFFREY T. CREWE.
gleMil 4k.-- EAL)
otary PAlia,',..,,
�'. NOT RY.%<• <s
. . ;' PUBLIC .'. ul
NotaryRegistration Number: '-73143k\�j o REG#7318115 •O
9 °° MY COMMISSION: Z rP
=p •, EX IRS •'_:
My Commission Expires: \1'3\ Do'd3 ,A....•.044:1dPita '�4�`; .�'
% 'EALTN' �0%
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
i•eSA. ---/--
4):" \ ---,
SIGNATURE ✓DANA R RM ER
A�//ec rs � SENIOR A ORNEY
DEPARTMENT
7
LAKE JOYCE
CITY OF VIRGINIA BEACH —PROPOSED
to
D.B. 1018 P. 154 RIP RAP
'PREVIOUSLY M.B. 29 P. 36
APPROVED GPIN: 1570-80-2438 .�
EXISTING . .r:;2 ,.,._..•.� ti:,
CV
,.;.��i������r:� ��ar��o��yl• .tir�>til•.?�•�i7 =`ii ��i--
N WOOD PIER ..:,:�•. 'yl� ...•7...:.�3•�:;.'�.` `.'-•y'y_... �, �.:
-0 EDGE OF WATER <..-gfi :iivat� o N
.4049
ail ton.• rj .f
r.
CV
N �� 20' STRIP
__ PROPERTY OF
—-- --- FRAME
CITY OF SHED
VIRGINIA BEACH
DINA KINCAID CREWE &
JEFFREY T. CREWE
STEPS I.N. 20200901000797700
V/
/ LOT 17
WOOD DECK M.B. 29 P. 36
01
(1 GPIN: 1479-79-1977
us. a GENERATORS III NOW OR FORMERLY
rn a, / JILL M. CARSON &
o N -\ 4<1 JUDY F. CARSON
J 1 STORY o I.N. 20170728000634750
a :- BRICK RESIDENCE 00co
LOT 18
• # 4404 �`V M.B. 29 P. 36
o '� o, GPIN: 1479-79-3914
UO3co0
NN0 0
• - - .7� aa 0
EX. 10' PUBLICI,, o , J_
mood o , • • EASEMENT FOR6aaa r : •
J m • 3. �P� HIGHWAY PURPOSES
o } CO ..� CP" M.B. 29 P. 36
occ > = :
0
L=55.39' EXHIBIT A
R=50.00' 'PIPE (F) ENCROACHMENT
EXHIBIT SHOWING
1,240't TO POWELLS POINT ROAD PROPOSED RIP RAP
GREENWELL RD. 45.48'
t- M.B. 29 P. 36 FOR
R-g6•0O DINA KINCAID CREWE &
NOTET.
PIPE (F) �43FREY TH opD JEFLOCATED ONEWE
1. THIS PLAN WAS PERFORMED 0 LOT 17, POWELLS POINT
WITHOUT THE BENEFIT OF A , M.B. 29 P. 36
TITLE REPORT. o D R UTLER �, CITY OF VIRGINIA BEACH, VA
*2. AN ENCROACHMENT No. SCALE: 1" = 30' DATE: MARCH 19, 2020
AGREEMENT RECORDED IN , ` 38395 REV. JULY 20, 2020
I.N. 20190820000699420 252���� REV. AUGUST 24, 2020
3 ANIS EXHIBIT IS ENCROACHMENT ENDED FOR FSS/p AL -NG REV.�� SEPT. 25, 2020
NOV. 25, 2020
REQUEST ONLY.
0 30 60 GALLUP SURVEYORS & ENGINEERS
323 FIRST COLONIAL RD, VIRGINIA BEACH, VA 23454
20-12 imm (757)428-8132
G:\20\20-12-Crewe,Jeffrey-4404 Powells Point Rd\20-12 encr plat 9-25-20 dwg,11/25/2020 2:02:59 PM
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51
ITEM VII.K.7
ORDINANCES/RESOLUTIONS
ITEM#71172
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE$335,730 from Fund Balance of the General Fund for amounts
reserved for Pandemic Relief and AUTHORIZE a Grant to Virginia Aquarium &Marine Science Center
Foundation re food and beverage equipment, and payroll support during the Pandemic
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
January 5, 2021
1 AN ORDINANCE TO APPROPRIATE $335,730 FROM
2 THE FUND BALANCE OF THE GENERAL FUND AND
3 TO AUTHORIZE A GRANT TO THE VIRGINIA
4 AQUARIUM & MARINE SCIENCE CENTER
5 FOUNDATION
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA, THAT:
9
10 $335,730 is hereby appropriated, with miscellaneous revenue increased
11 accordingly, from the fund balance of the General Fund from such amounts reserved for
12 Pandemic Relief to the Department of the Virginia Aquarium, and a grant of $335,730 is
13 hereby authorized to be provided to the Virginia Aquarium & Marine Science Center
14 Foundation, Inc.
Adopted by the Council of the City of Virginia Beach, Virginia on the 5 t h day
Of January , 2021.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
"Budgetant+ Management Services City Attgr ey's Office
CA15283
R-2
December 29, 2020
52
ITEM VII.K.8
ORDINANCES/RESOLUTIONS
ITEM#71173
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE$18,790 from Federal Emergency Management
Agency (FEMA) to FY2020-21 Fire Department Operating Budget re reimbursement of costs related to
deployment of Virginia Task Force 2 Urban Search and Rescue Team for Tropical Cyclone Delta
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
January 5, 2021
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $18,790 FOR THE MOBILIZATION OF THE VIRGINIA
3 TASK FORCE 2 URBAN SEARCH AND RESCUE
4 TEAM FOR TROPICAL CYCLONE DELTA
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 $18,790 is hereby accepted from the U.S. Department of Homeland Security,
10 Federal Emergency Management Agency, and appropriated, with federal revenue
11 increased accordingly, to the FY 2020-21 Operating Budget of the Fire Department for
12 the reimbursement of costs related to the deployment of members of the Virginia Task
13 Force 2 Urban Search and Rescue Team for Tropical Cyclone Delta.
Adopted by the Council of the City of Virginia Beach, Virginia on the 5 t h day
of January , 2021.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY:
Budget & Management Services ey's Office
CA15292
R-1
December 15, 2020
53
ITEM— VILL.1
PLANNING ITEM#71174
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of E & R, INC.!CHESAPEAKE BEACH COMMONS,
LLC for a Change in Nonconformity re demolish existing structure and build new outdoor dining
structure within same footprint at 4600 Lookout Road DISTRICT 4—BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
E&R,INC.!CHESAPEAKE BEACH COMMONS,LLC for a Change
in Nonconformity re demolish existing structure and build new outdoor
dining structure within same footprint at 4600 Lookout Road (GPINs
1570614643, 1570613773, 1570614710)DISTRICT 4—BAYSIDE
The conditions of the 2010 Expansion of a Nonconforming Structure request are hereby deleted
and superseded by the following conditions below;
1. When the property is developed, it shall be in substantial conformance with the submitted
Concept Plan entitled, "HK on the Bay Concept Plan", dated November 1, 2020, which
has been exhibited to the Virginia Beach City Council and is on file in the Department of
Planning& Community Development.
2. The exterior of the proposed building shall substantially adhere in appearance, size and
materials to the elevations entitled, "EXTERIOR IMPROVEMENTS FOR HK ON THE
BAY",prepared by Altruistic Design, dated October 21, 2020, which has been exhibited to
the Virginia Beach City Council and is on file in the Virginia Beach Department of
Planning& Community Development.
3. The applicant shall file all necessary permits with the City for review and approval of the
proposed alterations.
4. There shall be no speaker system or the playing of music anywhere outside the main
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 51h day ofJanuary Two Thousand
Twenty One.
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
January 5, 2021
1 A RESOLUTION AUTHORIZING A CHANGE IN
2 NONCONFORMING USE ON PROPERTY LOCATED AT
3 4600 LOOKOUT ROAD
4
5 WHEREAS, E & R, Inc. (the "Applicant") has made application to the City Council
6 for authorization to change the nonconforming structure located at 4600 Lookout Road
7 and zoned R-5R (SDO) Residential Zoning District with the enclosure of an open porch
8 to the restaurant on the parcel and the addition of a small deck;
9
10 WHEREAS, this parcel currently contains a restaurant which is not allowed in the
11 R-5R Zoning District, but the use was ongoing prior to the adoption of the applicable
12 zoning regulations and is therefore nonconforming;
13
14 WHEREAS, the Planning Commission of the City of Virginia Beach recommended
15 approval of this application on December 9, 2020; and
16
17 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the change of
18 a nonconforming structure is unlawful in the absence of a resolution of the City Council
19 authorizing such action upon a finding that the proposed structure as changed will be
20 equally appropriate or more appropriate to the zoning district than is the existing structure.
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 That the City Council hereby finds that the proposed structure as changed, will be
26 equally appropriate to the district as is the existing nonconforming structure under the
27 conditions of approval set forth herein below.
28
29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
30 BEACH, VIRGINIA:
31
32 That the change of the nonconforming structure is hereby authorized, upon the
33 following conditions:
34
35 1. The conditions of the 2010 Expansion of a Nonconforming Structure request
36 are hereby deleted and superseded by the following conditions below.
37
38 2. When the property is developed, it shall be in substantial conformance with the
39 submitted Concept Plan entitled, "HK on the Bay Concept Plan", dated
40 November 1, 2020, which has been exhibited to the Virginia Beach City Council
41 and is on file in the Department of Planning and Community Development.
42
43 3. The exterior of the proposed improvements shall substantially adhere in
44 appearance, size and materials to the elevations entitled "EXTERIOR
45 IMPROVEMENTS FOR HK ON THE BAY", prepared by Altruistic Design,
46 dated 10/21/2020, which have been exhibited to the Virginia Beach City Council
47 and are on file in the Department of Planning and Community Development.
48
49 4. The applicant shall file all necessary permits with the City for review and
50 approval for the proposed outdoor dining area structure.
51
52 5. There shall be no speaker system or the playing of music anywhere outside the
53 main building.
54
55
Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day
of_January , 2021 .
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
(11.0'k-11V-/
Planning and Community City Attorney's Office
Development
CA15276
R-2
December 2, 2020
2
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54
ITEM— VILL.2
PLANNING
ITEM#71175
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
MODIFIED,BY CONSENT,Application ofATHERTON CONSTRUCTION&DEVELOPMENT,
INC./OPEN DOOR CHAPEL,INC.for a Modification of Conditions re religious use at 3177 Virginia
Beach Boulevard DISTRICT 6—BEACH(Approved January 16, 1978)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ATHERTON CONSTRUCTION & DEVELOPMENT, INC./ OPEN
DOOR CHAPEL,INC.for a Modification of Conditions re religious use
at 3177 Virginia Beach Boulevard (GPIN 1497041957) DISTRICT 6—
BEACH(Approved January 16, 1978)
The following conditions shall be required:
1. All conditions attached to the Conditional Use Permit granted on January 16, 1978, are
hereby deleted and superseded by the following conditions.
2. Prior to site plan approval for the redevelopment of the property to the north that depicts
the 0.58-acre portion of the church's property to be incorporated into that site as a parking
lot, the applicant/owner shall submit a subdivision plat to the Department of Planning&
Community Development for review, approval, and recordation.
This Ordinance shall be effective in accordance with Section 107f of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 5`"day ofJanuary Two Thousand
Twenty One.
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
January 5, 2021
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55
ITEM— VILL.3
PLANNING
ITEM#71176
The following registered to speak:
Rob Beaman, Attorney for Applicant, 222 Central Park Avenue, Phone: 647-7797, spoke in SUPPORT
Jay Boone, spoke in OPPOSITION
Upon motion by Council Member Abbott, seconded by Council Member Rouse, City Council APPROVED,
AS PROFFERED, Application of FRANKLIN JOHNSTON GROUP MANAGEMENT &
DEVELOPMENT, LLC/ WILDWOOD PARK, LLC for a Conditional Change of Zoning from B-2
Community Business District to Conditional A-24 Apartment District at 925 South Military Highway re
220-unit multi family residential community DISTRICT 2—KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
FRANKLIN JOHNSTON GROUP MANAGEMENT &
DEVELOPMENT, LLC/ WILDWOOD PARK, LLC for a Conditional
Change of Zoning from B-2 Community Business District to Conditional
A-24 Apartment District at 925 South Military Highway re 220-unit multi-
family residential community (GPIN 1497041957) DISTRICT 2 —
KEMPSVILLE
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(fl of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 5t1i day ofJanuary Two Thousand
Twenty One.
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
January 5, 2021
Prepared by:
Robert P.Beaman III,Esq.(VSB No. 74668)
Troutman Sanders LLP
222 Central Park Avenue,Suite 2000
Virginia Beach,Virginia 23462
AGREEMENT
THIS AGREEMENT (this "Agreement"), made this day of 2020,
by and between FRANKLIN JOHNSTON GROUP MANAGEMENT & DE LOPMENT,
LLC, a Virginia limited liability company ("FJG", to be indexed as grantor); WILDWOOD
PARK, L.L.C., a Virginia limited liability company ("Wildwood", and to be indexed as grantor)
(FJG and Wildwood hereinafter collectively referred to as "Grantors"); and the CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter
referred to as the "Grantee", and to be indexed as grantee).
WITNESSETH:
WHEREAS, Wildwood is the current owner of that certain parcel located in the City of
Virginia Beach, Virginia, identified by GP1N 1456-04-8084-0000, as more particularly described
in Exhibit A attached hereto and incorporated herein by reference (the"Property"); and
WHEREAS, FJG is the current contract purchaser of the Property; and
WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification
of the Property from B-2 to Conditional A-24; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed-use purposes, through zoning and other land development
legislation; and
WHEREAS, Grantors acknowledge that competing and sometimes incompatible uses
conflict, and that in order to permit differing uses on and in the area of the subject Property and
at the same time to recognize the effects of the change and the need for various types of uses,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned Conditional A-24 are needed
to cope with the situation to which the Grantors' rezoning application gives rise; and
WHEREAS, Grantors have voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the existing A-24 zoning district by
the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the
physical development, operation and use of the Property to be adopted as a part of said
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
GPIN: 1477-51-7149-0000
110205547v3
f
WHEREAS, said conditions having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record
owner of the subject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees,
and other successors in title or interest, voluntarily and without any requirement by or exaction
from the Grantee or its governing body and without any element of compulsion of quid pro quo
for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the
following declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenants and agrees that these
proffers (collectively, the "Proffers") shall constitute covenants running with the said Property,
which shall be binding upon the Property and upon all parties and persons claiming under or
through the Grantors, their heirs, personal representatives, assigns, grantees and other successors
in interest or title, namely:
1. When developed, the Property shall be developed in substantial conformity with
the conceptual site plan entitled "New Multifamily Development, 925 S. Military Highway",
dated September 23, 2020, and prepared by Cox, Kliewer & Company, P.0 (the "Concept
Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with
the Virginia Beach Department of Planning.
2. The quality of architectural design and materials of the multifamily residential
buildings constructed on the Property, when developed, shall be in substantial conformity with
the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Conceptual Elevations 925 S.
Military HWY Apartments", and dated October 7, 2020 (the "Elevations"), a copy of which is on
file with the Department of Planning and has been exhibited to the Virginia Beach City Council.
3. The number of multifamily residential units located on the Property, when
developed, shall not exceed a total of two hundred twenty (220).
4. Landscaping installed on the Property, when developed, shall be in substantial
conformity with that shown on the exhibit prepared by Timmons Group, entitled "Conceptual
Landscape Plan, 925 S. Military Highway", and dated October 19, 2020 (the "Landscape Plan"),
a copy of which is on file with the Depaitiiient of Planning and has been exhibited to the Virginia
110205547v3 2
Beach City Council. The exact species of the various types of landscaping shall be determined at
final site plan review.
5. The community identification sign on the Property shall be a monument-style sign
not exceeding eight (8) feet in height, and the design and the materials used for the sign will be
compatible with the building materials and design used for the multifamily residential buildings
depicted on the Elevations.
6. The community clubhouse for this development shall be located substantially
where shown on the Concept Plan. The design and building materials used for the community
clubhouse will be compatible with the building materials and design of the multifamily
residential buildings depicted on the Elevations. The final elevations of the community
clubhouse will be subject to approval of the Planning Director.
7. Further conditions lawfully imposed by applicable development ordinances may
be required by the Grantee during detailed site plan and/or subdivision review and administration
of applicable City Codes by all cognizant City agencies and departments to meet all applicable
City Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia
Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of
the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Department
of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee.
[Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.]
110205547v3 3
IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the
date first written above.
GRANTOR:
FRANKLIN JOHNSTON GROUP
MANAGEMENT& DEVELOPMENT,LLC, a
Virginia limited liability company
By: 14ZName: A �
Title: /1')
STATE/COMMONWEALTH OF _..
CITY/COUNTY OF ll''rt.. ' ,to-wit:
The foregoing instrument was sworn to and acknowledged before me this ]day of
�i7t, 2020, by in his capacity as Manager of Franklin Johnston
oup Management & Develo ent, LLC, a Virginia limited liability company. He is either
personally known to me or has produced as identification.
Witness my hand and official stamp or seal this day of pple..),YirK2020.
6/144416L- leZiLitel aPit,"1
Notary Public (SEAL)
MyCommission Expires: /0 I Da "ow.• re Maureen c ryes
P t Notary Public
Registration Number: 1* '. O Reg#7069820
g
Covmonweask6 of V .
110205547v1 243538.000080 4
IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the
date first written above.
GRANTOR:
WILDWOOD PARK,L.L.C.,
a Virginia limited liability company
By.
/I111Ow&yD
Name: Ronald W.Oakley
Title: Manager
STATE/COMMONWEAkTH OF V l rill r l CL
CI /COUNTY OF `-k0&rtpk� ,to-wit:
4"
The foregoing instrument was sworn to and acknowledged before me this i.9 day of
'' , 2020, by Qcrv,lc. lk.) Oakley , as l-c<u-ta of Wildwood Park,
L.L.C., a Virginia limited liability company. S/HE is either personal own to me or has produced
as identification.
Witness my hand and official stamp or seal this 2q day of STt __ . ,2021„mu.,,,,,� ,
. ,4, p,,,,, .S'N\
Notary Pub,4 ., w"�""''•
0 EXPIRES
2/28/2022 (,-
n��D SQ
My Commission Expires: Oa las as EALTH��`
Registration Number: I nmiuiUfl
'1cpgR��7
110205547v1 243538.000080 5
EXHIBIT A
Legal Description
ALL that certain lot, piece or parcel of land, with the buildings and improvements
thereon and appurtenances thereunto, situate, lying and being on the westerly side
of the Military Highway (U.S. Route 13), in Kempsville Magisterial District of
Princess Anne County, Virginia, and designated as 12.3, more or less, acres, more
particularly described as follows:
COMMENCING at a pin in the westerly line of Military Highway which point is
839.8 feet from the northerly side of Providence Road, as measured along the
Western side of said Military Highway and running from said point of beginning
along the westerly line of said Military Highway North 30 degrees 28 minutes 30
seconds East, a distance of 550 feet to a pin; thence North 17 degrees 42 minutes
West, a distance of 422.7 feet to a pin in the center-line of a slough; thence along
the center line of the slough South 55 degrees 24 minutes West a distance of
399.4 feet to a pin; thence continuing along the centerline of said slough South 86
degrees 16 minutes West a distance of 268.24 feet to a point; thence continuing
along the center-line of said slough South 32 degrees 33 minutes West, a distance
of 100 feet to a point; thence continuing along the center-line of said slough South
9 degrees 38 minutes West, a distance of 181.34 feet to a pin; thence continuing
along the center-line of said slough South 00 degrees 47 minutes East, a distance
of 285.11 feet to a pin in the center-line of a ravine; thence continuing along said
ravine South 33 degrees 09 minutes West, a distance of 176.13 feet to a pipe;
thence along said ravine South 36 degrees 38 minutes 30 seconds West, a distance
of 108.58 feet to a pipe; thence North 77 degrees 46 minutes East, a distance of
704.84 feet to the point of beginning.
LESS AND EXCEPT that portion of the property conveyed by recorded in Deed
Book 681 at page 305.
110205547v3 6
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56
ITEM— VII.L.4
PLANNING
ITEM#71177
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of SCARLET DAWN WINDLEY/ JENNIFER
WILLIAMS & BRANDON BULLOCK for a Conditional Use Permit re home-based wildlife
rehabilitation facility at 4933 Gulfstream Circle DISTRICT 2—KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
SCARLET DAWN WINDLEY/JENNIFER WILLL4MS&BRANDON
BULLOCK for a Conditional Use Permit re home-based wildlife
rehabilitation facility at 4933 Gulfstream Circle (GPIN 1466952301)
DISTRICT 2—KEMPSVILLE
The following conditions shall be required:
1. The applicant shall comply with all the provisions of Section 242.3 of the City Zoning
Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility.
2. The applicant shall comply with all provisions established for wildlife rehabilitation by the
Virginia Department Game&Inland Fisheries.
3. No animals shall be dropped-off or released at the subject site or within the neighborhood.
4. The outdoor enclosure shall be screened from view from the right-of-way and all adjacent
properties.
5. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies
immunization shall be kept onsite.
6. Animal waste shall be removed daily in a lawful manner.
7. All animals shall be properly and humanely contained either in the dwelling unit or within
the outdoor enclosed structure. Animals shall not be allowed to roam freely out of these
structures at any time. If any animal does escape, the City of Virginia Beach Animal
Control Department shall be notified immediately.
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 5`h day ofJanuary Two Thousand
Twenty One.
January 5, 2021
57
ITEM— VILLA
PLANNING
ITEM#71177
(Continued)
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
January 5, 2021
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58
ITEM— VILL.5
PLANNING
ITEM#71178
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,SA
CONDITIONED, BY CONSENT, Application of SHAWNDA M. BENTLEY/ENOCH& SHAWNDA
M.BENTLEYfor a Conditional Use Permit re home-based wildlife rehabilitation facility at 1204 Orkney
Drive DISTRICT 2—KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
SHAWNDA M. BENTLEY/ENOCH& SHAWNDA M. BENTLEYfor
a Conditional Use Permit re home-based wildlife rehabilitation facility
at 1204 Orkney Drive(GPIN 1476007405)DISTRICT 2—KEMPSVILLE
The following conditions shall be required:
1. The applicant shall comply with all the provisions of Section 242.3 of the City Zoning
Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility.
2. The applicant shall comply with all provisions established for wildlife rehabilitation by the
Virginia Department Game&Inland Fisheries.
3. No animals shall be dropped-off or released at the subject site or within the neighborhood.
4. The outdoor enclosure shall be screened from view from the right-of-way and all adjacent
properties.
5. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies
immunization shall be kept onsite.
6. Animal waste shall be removed daily in a lawful manner.
7. All animals shall be properly and humanely contained either in the dwelling unit or within
the outdoor enclosed structure. Animals shall not be allowed to roam freely out of these
structures at any time. If any animal does escape, the City of Virginia Beach Animal
Control Department shall be notified immediately.
8. The outdoor wildlife enclosure structure shall be located no closer than 42 inches from the
rear property line as depicted on the exhibit entitled, "Shawnda Bentley Concept Layout,"
and dated November 2020. This location is a deviation to the five(5)foot setback required
by the Zoning Ordinance.
This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 5t day ofJanuary Two Thousand
Twenty One.
January 5, 2021
59
ITEM— VII.L.5
PLANNING
ITEM#71178
(Continued)
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
January 5, 2021
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60
NEW BUSINESS
ITEM#71179
Mayor Dyer congratulated the re-elected Members of City Council:
Jessica P.Abbott District 2-Kempsville
Michael F. Berlucchi District 3—Rose Hall
Robert M. Dyer Mayor
Rosemary Wilson At Large
Sabrina D. Wooten District 1 - Centerville
4 Year Term
January 1,2021—December 31,2024
Vice Mayor Wood expressed his appreciation for electing him to serve as Vice Mayor and looks forward
to working with the body to navigate the challenges ahead and believes what unites City Council is the
collective desire to serve the community.
Council Member Wooten expressed her appreciation to the voters who supported her and feels blessed to
be the first African American to be elected to a second term. Council Member Wooten congratulated Vice
Mayor Wood on his election as Vice Mayor.
Council Member Tower congratulated the City Council Members who were re-elected and appreciates all
of their hard work. Council Member Tower congratulated Vice Mayor Wood and expressed his
appreciation to him for his hard work and leadership.
Mayor Dyer expressed his appreciation to the body for their support and hard work over the past two (2)
years with a multitude of challenges of re-counts, appointments of Council Members,personnel changes,
the May 31'tragedy, COVID-19 and civil unrest and sees they have galvanized and come through. Mayor
Dyer expressed his pride in the City for being recognized for being one of the best cities to live in.
January 5, 2021
VIRGINIA: IN THE VIRGINIA BEACH CIRCUIT COURT CLERK'S OFFICE
OATH
I,JESSICA P.ABBOTT,do solemnly swear(or affirm)that I will support the Constitution of the
United States,and the Constitution of the Commonwealth of Virginia,and that I will faithfully and
impartially discharge all the duties incumbent upon me as a member of the City Council of
Virginia Beach — Kempsville District, for a term beginning January 1, 2021, and ending on
December 31, 2024, according to the best of my ability, so help me God.
Signature of Pers T ng Oath
Oath taken and subscribed to before me on the 7h day of C7e(P,m r ,2020.
TINA E. SINNEN, CLERK
By: kdrihr
Clerk
CERTIFIED TO BE A TRUE COPY
OF RECORD IN MY CUSTODY
TINA E. NNEN, C� RK
CIRCUIT 4) • 'T, IR V' ' •EACH, VP
BY
D. 'UTY CLE'K
Original-Retained by Clerk Copy—To Person Taking Oath
VIRGINIA: IN THE VIRGINIA BEACH CIRCUIT COURT CLERK'S OFFICE
OATH
I, MICHAEL F. BERLUCCHI, do solemnly swear (or affirm) that I will support the
Constitution of the United States,and the Constitution of the Commonwealth of Virginia,and that
I will faithfully and impartially discharge all the duties incumbent upon me as a member of the
City Council of Virginia Beach—Rose Hall District,for a term beginning January 1,2021,and
ending on December 31, 2024,according to the best of my ability, so help me God.
414 /621.....aS241
Signature of Person Taking Oath
S-t
Oath taken and subscribed to before me on the 02) day of OeetaA e&, ,2020.
TINA E. SINNEN,CLERK
B
Clerk
Original-Retained by Clerk Copy—To Person Taking Oath
202000100548.001
VIRGINIA: IN THE VIRGINIA BEACH CIRCUIT COURT CLERK'S OFFICE
OATH
I, ROBERT M. "BOBBY" DYER, do solemnly swear (or affirm) that I will support the
Constitution of the United States,and the Constitution of the Commonwealth of Virginia,and that
1 will faithfully and impartially discharge all the duties incumbent upon me as MAYOR of the
City of Virginia Beach,for a term beginning January 1,2021,and ending on December 31,2024,
according to the best of my ability, so help me God.
gfiature of on c'fig Oath
fiat ��Q
Oath taken and subscribed to before me on the G day of idtrA ) ,2020.
TINA E. SINNEN,CLERK
By: /n0 • ut.i.tu"-)
.Cler
•
Original-Retained by Clerk Copy—To Person Taking Oath
INSTRUMENT N 202000100548 PAGE 1 OF 1
RECORDED VIRGINIA BEACH CIRCUIT COURT
Dec 28.2020 AT 09:05 am CO OATH
TINA E.SINNEN,CLERK
VIRGINIA: IN THE VIRGINIA BEACH CIRCUIT COURT CLERK'S OFFICE
OATH
I, ROSEMARY WILSON, do solemnly swear (or affirm)that I will support the Constitution of
the United States,and the Constitution of the Commonwealth of Virginia,and that I will faithfully
and impartially discharge all the duties incumbent upon me as a member of the City Council of
Virginia Beach —At Large, for a term beginning January 1, 2021, and ending on December 31,
2024,according to the best of my ability, so help me God.
/-41+t-aac
Signature of Perso akkng Oath
S+
Oath taken and subscribed to before me on the 07/ day of eQ, iaph> ,2020.
TINA E. SINNEN, CLERK
541-AA f2.4__)
Clerk
Original-Retained by Clerk Copy—To Person Taking Oath
VIRGINIA: IN THE VIRGINIA BEACH CIRCUIT COURT CLERK'S OFFICE
OATH
I, d ABella 07E14 , do solemnly swear (or affirm) that I will support the
Constitution of the United States,and the Constitution of the Commonwealth of Virginia, and that
I will faithfully and impartially discharge
6,44e
lall
r the duties incumbent upon me as
/
alum `i o fti'1-t�Q C�j junCr -6, r ey✓i I le,- of the City of Virginia Beach,
for a term begi *rig eJAA({�p� /, 2,021 ,and ending on.IDEArithEa2.5l,Z00 ,according
to the best of my ability, so help me God.
Signature of Person Taking Oath
Oath taken and subscribed to before me on the Sf day ofOILEML&A, , „Zpd-0.
TINA E. SINNEN, CLERK
By: 4w &4t )
erk
Original-Retained by Clerk Copy—To Person Taking Oath
61
ADJOURNMENT
ITEM#71180
Mayor Robert M.Dyer DECLARED the City Council SPECIAL MEETING BY ELECTRONIC
COMMUNICATION MEANS ADJOURNED at 7:45 P.M
r
( ChlU4s
Chief Deputy City Clerk
Am da Barn , MC Robert M. Dyer
City Clerk Mayor
January 5, 2021
62
OPEN DIALOGUE
Alexis Suarez, 1310 Level Green Boulevard, Phone: 818-331-2333, spoke concerning his equipment being
classified as a commercial vehicle and harassment he feels he has had as he has received six(6) tickets.
Sebrina Brown did not respond
Alton Miller did not respond
Todd Solomon, 2260 First Landing Lane, spoke concerning short term rental overlay districts and is
OPPOSED to having Cape Story by the Sea included in the proposed Eastern Shore Drive Overlay District
Angela Adams, 6279 Drew Drive, Phone: 718-8197, spoke concerning commercial vehicle parking and
requested to have the ordinance amended to allow larger vehicles
Latasha Holloway expressed her concern for minority citizens in the community
Conrad Schesventer 811 Dudley Road, Phone: 719-2113, expressed his condolences to Gabby Aldea who
recently passed away. Mr. Schesventer added his concerns surrounding the incident at Lynnhaven Mall
Japharii Jones spoke concerning the incident at Lynnhaven Mall and requested a citizen overview board
Jay Boone requested businesses who have a COVID-19 outbreak post notices for the public to be informed
ADJOURNED at 8:14 P.M.
January 5, 2021