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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
July 13, 2021
Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in City Council Chamber, City
Hall, on Tuesday,July 13, 2021, at 2:30 P.M
Council Members Present:
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:
Michael F. Berlucchi—Ill
2
CITY COUNCIL'S BRIEFING
BODY-WORN CAMERA AUDIT
ITEM#71806
2:31 P.M.
Mayor Dyer welcomed Lyndon Remias, City Auditor. Mr. Remias expressed his appreciation to City
Council for their continued support:
\113
Cih Auditor
Audit of the Police Body
Worn Camera Program
Presentation to City Council
Lyndon S. Remias, City Auditor
July 13,2021
Mr. Remias advised the link to view the full report is:www.vbgov.com/cityauditor:
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Audit report including the VBPD Response to the report can be found at www.vbgov.com/cityauditor
July 13, 2021
3
CITY COUNCIL'S BRIEFING
BODY-WORN CAMERA AUDIT
ITEM#71806
(Continued)
Here is the Purpose of the audit:
Purpose
The purpose of this audit was to "41116-104.
assess compliance with the
department's body-worn camera -
policy (VBPD General Order 4.06
Body-Worn Camera). •
Note: This was a scheduled audit included in -
our FY 2021 Audit Plan.
Here are the seven (7) Objectives:
1.To determine whether officers are adhering to the Body-Worn
Camera Policy.
2.To determine whether management is performing the monitoring
controls required by the Body-Worn Camera Policy.
3.To determine whether body-worn camera videos are retained
1 according to established retention requirements.
Ob'e ct i v e s 4.To evaluate whether the training provided to body-worn camera
J users is adequate to ensure compliance with the Body-Worn
Camera Policy.
5.To determine the completeness,reliability,and reasonableness
of the body worn camera data captured and maintained within
Evidence.com.
6.To determine whether access to Evidence.com is appropriate
and consistent with job responsibilities.
7.To evaluate whether the Police Body-Worn Camera Policy
adequately addresses critical areas of the program.
July 13, 2021
4
CITY COUNCIL'S BRIEFING
BODY-WORN CAMERA AUDIT
ITEM#71806
(Continued)
Here is the Methodology:
Methodology
• Interviewed management and staff of the Police • Performed analysis and tests of data designed to
Department,Finance/Purchasing Department,City determine the completeness,reliability,and
Attorney's Office,and Office of the reasonableness of the body worn camera data.
Commonwealth's Attorney. • Selected samples and performed additional data
• Attended classroom training provided to first-time analysis and testing to ensure compliance with
users of body-worn cameras. select areas of the policy.
• Performed walkthroughs of supervisor • Made recommendations,as appropriate,to ensure
responsibilities. compliance,improve processes,increase
• Conducted a survey of uniformed officers'insights efficiency,and reduce the risk to the City.
regarding the Body-Worn Camera Program for the
purpose of identifying areas to focus our audit.
• Attended ride along sessions with police officers to
observe how they use the body-worn camera while
on duty.
Here are the four Body Worn Cameras Implementation Phases:
Body Worn Camera Implementation Phases
July 2018 September 2020
220 Cameras 220 Cameras 900 Cameras
SECOND THIRD FOURTH TOTAL
April 2019 February 2021
220 Cameras 240 Cameras
Currently,all sworn personnel from patrol officers to Chief of Police are outfitted with a BWC.
Total estimate for the cost of the entire program is around$5.1 M
July 13, 2021
5
CITY COUNCIL'S BRIEFING
BODY-WORN CAMERA AUDIT
ITEM#71806
(Continued)
Here is a diagram of Axon Body 2 Body-Worn Camera:
FRONT Power Switch
Camera lens
av
Speaker
Event(Sutton
. (Record) Battery
-s
Status Button
- -1 Microphone
TOF
Axon Body 2 Body-Worn Camera Status
Light
Mounting the Body-Worn Camera
At the start of a shift,the officer:
• Mounts the body-worn camera to his or her
uniform.
• Moves the ON/OFF switch on the camera to the
ON position.
When the camera is turned on,the body-worn camera
is in the BUFFERING mode(shows blinking green
light),which means that it is temporarily storing video. •
Two minutes of this BUFFERED or temporarily stored
video(with no audio)will become part of the
permanent video when the officer activates his or her -
---
body-worn camera to record an incident.
July 13, 2021
6
CITY COUNCIL'S BRIEFING
BODY-WORN CAMERA AUDIT
ITEM#71806
(Continued)
Here is an overview on instructions for Capturing Video:
Capturing Video
• To record an incident,the officer quickly double presses the EVENT button on the camera.
• Both video and audio will be recorded,as well as the GPS coordinates of the incident.
• To stop recording and return to BUFFERING mode,the officer will need to press and hold the
EVENT button for approximately 4 seconds.The system will beep once,with a long tone.
• When properly charged BWC has enough storage and battery life to last an entire shift.
Note: The Body Worn Camera DOES NOT have a delete function;thus,officers CAN NOT
delete video they have captured.
Note: Additionally,a user assigned the role of Officer cannot delete or alter a video in
Evidence.com(platform to store the videos).Extracts,retraction,tagging or
bookmarking creates a copy and/or overlay but the original is always maintained.
Here is an overview of Training:
Training
All uniformed VBPD police officers attend a four-hour training session which includes:
• Body-Worn Camera Policy
• Features and functions of the body-worn camera
• Using in the field
• Video upload and categorizing videos
• Sharing videos with the Office of the Commonwealth's Attorney
Note: The Virginia Beach Police Academy incorporated body-worn camera training starting in
May 2021.
July 13, 2021
7
CITY COUNCIL'S BRIEFING
BODY-WORN CAMERA AUDIT
ITEM#71806
(Continued)
The next five (5)slides provide an overview of Objective 1 and findings:
Objective 1 :To determine whether officers are
adhering to the Body-Worn Camera Policy
Activation Rate
• Effective April 1,2021, officers shall immediately activate their BWC"when en-route to
any call for service."Prior to April 1,2021,officers shall activate their BWC
"immediately upon arriving at a scene in the performance of his/her duties."
Video Uploading
• The policy requires BWCs to be docked at the conclusion of each shift to allow video
uploads and device updates to occur.Videos are automatically uploaded when officers
dock their cameras.
Categorization Rate
• The category assigned to the video determines the length of time the video is retained.
Officers are responsible for ensuring videos are categorized correctly.
A. Activation Rates are Improving
• We compared the activation rate for two months of call dispatch data to BWC videos to
determine the activation rate.
• January 2021 —Camera activation required when arriving on scene
• April 2021 —Camera activation required en-route
• For purposes of our audit,the activation rate was calculated based on the number of calls
dispatched(where the duration of the call was greater than two minutes)to officers
assigned a BWC compared to BWC videos created where the officer,date recorded and at
least one of the following criteria were equal:Location,Event ID or Case Number.
• The percentage of unmatched calls for service do not necessarily infer a failure to have
captured video related to a call. It is more likely that the information necessary(i.e.,the
Event ID,Case Number or Location)to match the call to the video is not present in
Evidence.com.
July 13, 2021
8
CITY COUNCIL'S BRIEFING
BODY-WORN CAMERA AUDIT
ITEM#71806
(Continued)
A. Activation Rates are Improving
• January 2021:78%Activation Rate
January 1.1
• April 2021:86%Activation Rate
April
0 5000 10000 15000 20000 25000 30000
•Unmatched .Matched
The department's goal is an 80%activation rate.The activation rate for May 2021 was 82%
B. Videos Are Uploaded in a Timely Manner
Of the 139,452 active videos created during our review period,89%were uploaded within
one day,and 99%uploaded within seven days.
Dan between Create and Upload
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July 13, 2021
9
CITY COUNCIL'S BRIEFING
BODY-WORN CAMERA AUDIT
ITEM#71806
(Continued)
C. Categorization Rates Categorized vs Uncategorized
Could Improve
za<,.
Of the 139,452 active videos
created during our review
period, 27,761 (20%)were
uncategorized.
g°%
•Categorized •Uncategorited
The next six(6)slides provide an overview of Objective 2 and findings:
Objective 2: To determine whether management is
performing the monitoring controls over videos, as
required by the Body-Worn Camera Policy
Overall, we determined that management is performing monitoring
controls over body-worn camera videos using Axon Performance.
However, the following was found during testing:
• Use of Force Videos Not Consistently Being Viewed
• Purpose of Viewing Use of Force Videos Is Not Consistently Noted
• Monthly Random Administrative Reviews of Non-Use of Force Videos
Are Not Consistently Being Performed
July 13, 2021
10
CITY COUNCIL'S BRIEFING
BODY-WORN CAMERA AUDIT
ITEM#71806
(Continued)
Use of Force Videos Viewed vs.Not Viewed
A. Use of Force Videos 108'7`
Not Consistently Being
Viewed
41,
The Body-Worn Camera
Policy requires that the
supervisors/managers view all
use of force videos to help
determine whether the use of
force applied by the officer is
reasonable and lawful.
1,532,93%
•Viewed • Not Viewer;
Use of Force Videos Viewed-No Notes
B. Purpose of Viewing °°°*
Use of Force Videos is
Not Consistently Noted
41,
The Body-Worn Camera Policy
requires that the purpose must be
noted every time a video is viewed,
as means of maintaining the
confidentiality of information
contained therein,especially those
involving the use of force.
•Videos with Notes •Videos without Notes
July 13, 2021
11
CITY COUNCIL'S BRIEFING
BODY-WORN CAMERA AUDIT
ITEM#71806
(Continued)
Results of Sample
Use of Force Videos
B. Purpose of Viewing Number of Views where Purpose Not Noted
Use of Force Videos is
Not Consistently Noted
The Body-Worn Camera Policy requires
that the purpose must be noted every a
38,68/4
time a video is viewed,as means of
maintaining the confidentiality of 307
information contained therein,
especially those involving the use of
force.
•Purpose Noted •Purpose Not noted
Results of Sample
Non-Use of Force Videos-Supervisory Review
C. Monthly Random
Administrative
Reviews of Non-Use
of Force Videos Are
Not Consistently
Being Performed
•0lficere W Mse Vbeo•Were Reviewe0
•OR ere W Mee VMeoe Were Not Reviewed
July 13, 2021
12
CITY COUNCIL'S BRIEFING
BODY-WORN CAMERA AUDIT
ITEM#71806
(Continued)
D. FOIA Requests for Body-Worn Camera Videos are
Properly Reviewed and Approved Prior to Release
The Body-Worn Camera Policy states that no video will be released without the approval
of the Chief of Police or his designee and the appropriate review/redactions by the
Program Administrator.
During the 13-month period under review,we identified 1,042 shares associated with
106 requests for release.We traced a sample of requests involving the sharing videos
and/or clips to documentation supporting appropriate review and/or redactions and the
approval by the Police Chief or his designee.
There were no issues noted.
Here is an overview of Objective 3 and findings:
Objective 3: To determine whether body-worn camera
videos are retained according to the established retention
requirements.
• Best practices suggest police departments should retain body-
worn camera footage long enough to demonstrate transparency
to the public and to meet required record retention guidelines.
• We reviewed data and timing associated with the 99,133 videos
deleted between January 1, 2020 and January 31, 2021. All
deletions were system generated and deleted in accordance with
the established retention guidelines.
July 13, 2021
13
CITY COUNCIL'S BRIEFING
BODY-WORN CAMERA AUDIT
ITEM#71806
(Continued)
Here is an overview of Objective 4 and findings:
Objective 4: To evaluate whether the training provided to
body-worn camera users is adequate in ensuring
compliance with the Body-Worn Camera Policy.
Overall, we determined that the training provided to body-worn camera
users is adequate in ensuring compliance with the Body-Worn Camera
Policy.
Note: BWC training will now be integrated as part of the Police Academy
training.
Here is an overview of Objective 5 and findings:
Objective 5: To determine the completeness, reliability,
and reasonableness of the body worn camera data
captured and maintained within Evidence.com.
• We performed analysis and tests of data designed to determine the completeness and accuracy of
the BWC evidence maintained within Evidence.com.Evidence.com is a cloud-based digital evidence
management system that allows for video viewing,retrieval,review,analysis,and sharing with
appropriate parties.
Evidence ID=BLANK 28,000 20.1%
Category=BLANK 27,761 19.9%
Owner Group=BLANK 10,431 7.5%
Uploaded By Information(i.e.,name,badge number,role)=BLANK 153 0.1%
Owner Information(i.e.,name,badge number,role)=BLANK 147 0.1%
• Missing data impacts the maintenance and monitoring capabilities within Evidence.com and Axon
Performance.
July 13, 2021
14
CITY COUNCIL'S BRIEFING
BODY-WORN CAMERA AUDIT
ITEM#71806
(Continued)
Here is an overview of Objective 6 and findings:
Objective 6:To determine We obtained and reviewed an extract of the
whether access to Evidence.com user accounts as of May 4,2021.
Evidence.com is
appropriate and consistent There were 917 in total:781 active users and 136
with job responsibilities. inactive users.
Exceptions Type Number
Active Users Accounts:No Group Assigned 340 43.5%
Active User Accounts:Last Login>45 days 76 9.7%
Active User Accounts:Role does not match Job Responsibilities 10 1.3%
Active User Accounts:No Logins 8 1.0%
Active User Accounts:Group Assignment not consistent with 3 0.4%
Current Job Assignments
Active User Accounts:Employee Terminated 1 0.1%
Here is an overview of Objective 7 and findings:
Objective 7: To evaluate whether the police Body-Worn
Camera Policy adequately addresses critical areas of the
program.
• The VBPD Body-Worn Camera Program is govemed by the Operational
General Order 4.06 Body-Worn Camera.The policy is primarily based on the
Virginia Department of Criminal Justice Services(VDCJS) model policy but
customized to include relevant standards of other authoritative bodies, such as
the Commission on Accreditation for Law Enforcement Agencies and
Community Oriented Policing Services.
• Based on our review of the Body-Worn Camera Policy, we determined that it
adequately addresses critical areas of the program.
July 13, 2021
15
CITY COUNCIL'S BRIEFING
BODY-WORN CAMERA AUDIT
ITEM#71806
(Continued)
Conclusion
Based on the results of our audit, the Virginia Beach Police
Body-Worn Camera Program is compliant with the
department's body-worn camera policy, except as noted.
Summary
The following procedures recently put in place and/or currently in progress should
greatly decrease the risk that an officer's BWC is not activated during a call:
• Changes to the BWC Policy requiring activation When going"en-route"to any call for
service.
• Rollout and Implementation of Single Sidearm and Other Upcoming Automatic
Activation Mechanisms
• Rollout and Implementation of Axon Performance Data/Metrics
• Enhanced Training
• VBPD Concurrence with Audit Findings and Agreement to Implement Audit
Recommendations
July 13, 2021
16
CITY COUNCIL'S BRIEFING
BODY-WORN CAMERA AUDIT
ITEM#71806
(Continued)
U13
City Auditor
Comments / Questions
Lyndon S. Remias
Lremias(a�✓byov.com
757.385.5870
Mayor Dyer expressed his appreciation to Mr. Remias for the presentation.
July 13, 2021
17
CITY MANAGER'S BRIEFING
FLOOD PROTECTION PROGRAM COMMUNICATIONS UPDATE
ITEM#71807
3:24 P.M.
Mayor Dyer welcomed Ronald H. Williams, Jr., Deputy City Manager and Julie Hill, Communications
Director. Mr. Williams expressed his appreciation to City Council for their continued support and turned
the presentation over to Ms.Hill. Ms.Hill distributed copies of the presentation, attached hereto and made
a part of the record.
Mayor Dyer expressed his appreciation to Mr. Williams and Ms. Hill for the presentation.
July 13, 2021
'Virginia
Beach
Flood Protection Program Referendum
Preliminary Educational. Materials
City Council Informational Presentation
July 13, 2021
.w,
Flood Protection Program Educa tion Plan
• Preliminary research
• Approach
• Creative
2
Surveys
• Primary Objectives
Agreement levels on importance of issue
Willingness to fund mitigation programs and levels
Greatest concerns
• Public Input - 1781 respondents
• Issues Er Answers - 400 telephone interviews
A/B
Virginia Beach
Key Fin in *Publicinputs I FtA
Importance of plan96% 88%
Take action 95% 86%
Investments citywide 91 % 83%
*Agree Somewhat and Strongly Agree
AllB 4
\ir,inia lip aH
Ke Fin in s *
Publiclnput I & A
Responsibility of individual 54% 67%
property owners
Part of coastal life 47% 66%
Satisfaction with QOL 85% 93%
A/B *Agree Somewhat and Strongly Agree
5
I Er A Ke Findings - Priorities
Improving roads,bridges and 52.5%
infrastructure for Virginia... 38.5% 7.5%
Preventing water pollution 49.3% 36.0% 11.3%
Protecting Virginia Beach 47.5% 36.5% 11.3%
wetlands because they help...
Addressing the risk of flooding 47.3% 35.8% 11.5%
throughout Virginia Beach
Improving the city's economy 46.5% 40.0% 9.5%
Mitigating risk of flood damage
to homes and businesses... 44.3% 38.0% 12.3%
Addressing the risk of flooding 41.5% 37.3% 14.8%
along the Virginia Beach coast
Protecting the city's air quality 37.3% 36.0% , 18.8%
Addressing sea level rise 35.5% 30.5% 18.3%
_ I
X Top Priority ■ Important Lower Priority Not a Priority Don't Do It 6
Public Input Key Findings - Priorities
Improving roads bridges and 39.0% 52.0% 7.0%
infrastructure for Virginia...
Preventing water pollution 36.0% 50.0% 12.0%
Protecting Virginia Beach 50.0% 38.0% 10.0%
wetlands because they help...
Addressing the risk of flooding
58.0% 32.0% 7.0%
throughout Virginia Beach
Improving the city's economy 19.0% 58.0% 18.0%
Mitigating risk of flood damage ,
to homes and businesses...
57.0% 34.0% 7.0%
Addressing the risk of flooding 43.0% 40.0% 13.0%
along the Virginia Beach coast
Protecting the city's air quality 21.0% 45.0% 24.0%
Addressing sea level rise 41.0% 34.0% 15.0%
U Top Priority Important Lower Priority Not a Priority Don't Do It 7
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Issues £t Answers Public Input
Strongly Strongly
Agree, 21% Agree, 21%
Don't know,
0
20% Don't know,
28%
Strongly
Disagree,
11%
Strongly
Disagree, 8%
Somewhat Somewha
Disagree, Somewhat Disagree, Somewhat
17% Agree, 32% 11% Agree, 28%
9
Additional Funding Support
No
Issues Er Answers Public Input
No Increase,
1 cent, 25% 260
°
1 cent, 29%
35%Increase,
10 cents, 14%
10 cents, 13% 5 cents, 27% 5 cents, 31%
10
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Challenge
Plan Overview
110 lit
Impact Referendum Approach
Recurrent
flooding more
Citywide, FPP bond Provide in
cumulative referendum for variety of ways
frequent, more sustainable and methods
severe revenue to
accelerate work 11
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meetings, • Business
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Unkhorn Bay Drainage Basin Central Beach District
•First Colonial Road and Oceans - •Central Resort District-
Boulevard Drainage Improvements 24th Street Culvert
•Seatack Neighborhood •Central Resort District
Drainage Improvements Drainage Improvements
These Phase 1 flood .-.
protection programs will help ♦ '
generations to come.
Windsor Woods/ Eastern Shore Drive Phase I
Princess Anne Plaza/The Lakes •Elevate Lynnnaven Drive
•Princess Anne Plaza •Section 1F Improvements
Golf Course Conversion •Section IG Improvements
•Princess Anne Plaza North London p •Poinciana Pump Station
Bridge Creek Pump Station
•The Lakes-Flood Barriers
•The Lakes-Holland Road Gate
•Windsor Woods Flood Barriers
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•Stormwater Green Infrastructure and Conveyance Improvements
•Pungo Ferry Road Improvements
•Sandbndge/New Bodge Intersection
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18
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#71808
4:02 P.M.
There were no City Council Initiatives
July 13, 2021
19
CITY COUNCIL COMMENTS
ITEM#71809
4:03 P.M.
Council Member Moss advised real estate values are up 12-14% and requested the City Real Estate
Assessor review appreciation increases which may allow tax rate to stay the same. Council Member Moss
further advised used car values are up 30% due to the shortage of new cars which may lead to an over
performance on property taxes and requested the Commissioner of Revenue review to ensure citizens are
not overtaxed.
July 13, 2021
20
CITY COUNCIL COMMENTS
ITEM#71810
(Continued)
Council Member Henley advised the City has not had a COVID-19 vaccination clinic in the southern part
of the City and requested to have one available for anyone who may need the vaccination.
July 13, 2021
21
CITY COUNCIL COMMENTS
ITEM#71811
(Continued)
Council Member Henley advised trees were cut down at the intersection of Princess Anne and General
Booth Boulevard and were not replaced as required by policy. Council Member Henley requested
information on the plan to fulfill the policy and suggested in the future, when planting landscaping in
median areas, to plant shrubs.
July 13, 2021
22
CITY COUNCIL COMMENTS
ITEM#71812
(Continued)
Vice Mayor Wood advised he would like to discuss the process and timeline for appointing a Council
Member to fill the Kempsville District seat since Council Member Abbott's resignation of July 2, 2021.
Vice Mayor Wood advised the requirement to fill the vacancy is to be made within forty-five(45)days from
the date of the vacancy and asked the Body for input on the process and if any changes should be made to
the Candidate Questionnaire previously used?
Amanda Barnes, City Clerk, distributed copies of the timeline and candidate questionnaire used previously,
attached hereto and made a part of the record. Mrs. Barnes advised an advertisement to be published in
the Pilot can be placed as early as July 18t.
Mayor Dyer advised Mrs. Barnes to place the ad in the Pilot and suggested including a couple of Special
Sessions in the timeline to allow for interviews.
Council Member Moss advised the newspaper is not as effective as it once was with fewer readers and
suggested using different methods to advertise such as targeted television ads to the Kempsville District
residents and notices in the recreation center and library. Council Member Moss further advised the
deadline to file for the special election in November is August 13`h and asked what date can Kempsville
residents start collecting signatures in order to qualify for candidacy?
Mayor Dyer asked Rod Ingram,Deputy City Attorney, how soon can the Body learn what the disposition is
on the pending court case involving the City's election system.
Mr. Ingram advised it is dependent on the Federal Court in Norfolk, the process would be for the Federal
Court to authorize the special election and then for the Circuit Court to set the date for the election.
Council Member Wilson suggested replacing question#9 with a question about the stormwater referendum.
Council Member Tower advised question#3 on the questionnaire relates to the budget and may not provide
the insight the Body is looking for since budget season has passed.
Council Member Moss recommended a 150-word narrative replace the questionnaire adding, it is a better
way to understand the issues important to the candidate.
Council Member Tower advised when he completed the questionnaire as part of his appointment process,
he found the questions to be puzzling and believes an essay would allow the candidate to provide
information important to them.
Vice Mayor Wood agreed with the narrative and suggested it include topics for the candidate to address.
July 13, 2021
23
CITY COUNCIL COMMENTS
ITEM#71812
(Continued)
Council Member Henley advised the candidate needs to be up to speed on the issues the Body is currently
dealing with and explained in the past, a former Council Member was asked to fill a vacancy as a short
term solution until the next special election in November.
Council Member Moss advised there is a high probability the appointee will serve beyond the special
election and believes it is most important to appoint the person who will best represent the Kempsville
District. Council Member Moss expressed the candidate does not need to be a subject matter expert if they
have basic common sense, good judgment and can digest material information. Council Member Moss
advised understanding why someone wants to serve and their willingness to invest time to serve is what is
most important to him.
Mayor Dyer advised he will meet with Vice Mayor Wood tomorrow morning to organize the narrative
criteria and timeline and will send it to the Body for review.
July 13, 2021
TIMELINE- BEACH
• SUBMIT AD TO PILOT: MARCH 19, 2019
• AD IN BEACON: MARCH 24 & 31
• APPLICATION DEADLINE: APRIL 8
• SPECIAL SESSION/REVIEW APPLICATIONS: APRIL 9
(Closed Session)
• LISTING OF CANDIDATES TO BE INTERVIEWED April 9
(Made Public)
• PUBLIC COMMENT April 16
• SPECIAL SESSION/PUBLIC INTERVIEW: APRIL 23
(Early afternoon start time)
• SPECIAL SESSION/VOTE SCHEDULED
FOR APPOINTMENT: APRIL 23
CITY COUNCIL SEEKS CANDIDATE
TO FILL BEACH DISTRICT SEAT
As a result of the Virginia Beach Circuit Court Order dated March 19, 2019, the Beach
District Council seat is vacant. Virginia Beach City Council encourages any citizen, who
is a registered voter - residing in the Beach District and interested in the position, to
submit the following items on or before 5:00 p.m. on April 8, 2019:
1. Letter of Interest
2. Resume
3. Statement of Economic Interest
4. Completed Questionnaire
The Statement of Economic Interest and Questionnaire can be found at:
www.vbgov.com/hottopics.
All documents are to be submitted to:
Amanda Barnes, MMC, City Clerk
2401 Courthouse Drive
Suite 281
Virginia Beach, Virginia 23456
abarnesvbgov.com
Candidates must reside in the Beach District in order to be eligible for appointment. The
citizen appointed by City Council will serve until a candidate is elected during a Special
Election to be scheduled by the Virginia Beach Circuit Court and has qualified to serve.
Amanda Barnes, MMC, City Clerk
TIMELINE - ROSE HALL
• SUBMIT AD TO PILOT: APRIL 2
• AD IN BEACON: APRIL 7 & 14
• APPLICATION DEADLINE: APRIL 22
• SPECIAL SESSION/REVIEW APPLICATIONS: APRIL 23
(Closed Session)
• LISTING OF CANDIDATES TO BE INTERVIEWED April 23
(Made Public)
• PUBLIC COMMENT April 30
• SPECIAL SESSION/PUBLIC INTERVIEW: MAY 7
(Early afternoon start time)
• REGULAR MEETING/VOTE SCHEDULED
FOR APPOINTMENT: MAY 7
mel **V Ikt.
f*AtArb.p OUR 0101
CITY COUNCIL SEEKS CANDIDATE
TO FILL ROSE HALL DISTRICT SEAT
As a result of the resignation of Shannon DS Kane, the Rose Hal'
District Council seat is vacant. Virginia Beach City Council encour-
M ages any citizen, who is a registered voter- residing in the Rose Hall
District and interested in the position,to submit the following items
on or before 5:00 p.m.on April 22,2019:
1. Letter of Interest
2. Resume
3. Statement of Economic Interest
4. Completed Questionnaire
The Statement of Economic Interest and Questionnaire can be
found at: https://www.vbgov.com/hottopics
All documents are to be submitted to:
Amanda Barnes, MMC, City Clerk
2401 Courthouse Drive
Suite 281
Ie5 Virginia Beach,Virginia 23456
abarnes@vbgov.com
Candidates must reside in the Rose Hall District in order to be eligi-
ble for appointment.The citizen appointed by City Council will serve
until a candidate is elected during a Special Election to be sched-
uled by the Virginia Beach Circuit Court and has qualified to serve.
Amanda Barnes, MMC
04 City Clerk
CANDIDATE QUESTIONNAIRE
1. What would you consider the City's top three (3) priorities?
2. Why do you want to serve on City Council?
3. Once the Council has decided the formulation of the Budget in
reconciliation, will you vote for it?
4. Do you support the Agricultural Reserve Program? If the answer is "yes",
why? If the answer is "no", why?
5. When there is a pushback of "not in my backyard", how can we address
the need of affordable housing?
6. Would you vote to stop the City Council from continuing to circumvent
the City's Charter limitations on Council's ability to issue debt by using the
Virginia Beach Development Authority to issue debt in its name that
taxpayers are responsible for?
7. What is your understanding of the financial mechanics of the resort to
include: TIP, Residential Parking Permit Program (RPPP), Budget process,
expectations of development projects that are currently underway in the
resort, including open space?
8. Do you plan to run in November for the seat you are asking to be
appointed to?
9. Describe your thou on the City's curt t voting system and would you
like to see it ged?
10. What does "Team" mean to you?
24
CITY COUNCIL COMMENTS
ITEM#71813
(Continued)
Council Member Wooten advised the Parks and Recreation Commission had a discussion during a meeting
concerning the youth tackle football program and it has since been brought to her attention the
commissioners for the football program were not present to share background information for the program.
Council Member Wooten requested City Manager Duhaney to look into the issue.
July 13, 2021
25
AGENDA REVIEW SESSION
ITEM#71814
4:31 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
G ORDINANCES/RESOLUTIONS
1. Ordinance to TERMINATE Memorandum of Understanding(MOU) with the City of Chesapeake
re Southeastern Parkway and Greenbelt Project
2. Resolution to REQUEST the Circuit Court appoint an Alternate re Board of Equalization
3. Resolution to DIRECT the filing for a Request for Referendum on the Question of issuing
$567,500,000 of General Obligation Debt re Flood Mitigation Measures(Request by City
Council)
4. Resolution to APPROVE the modification of a construction contract re Francis Land House
Restoration
G. ORDINANCES/RESOLUTIONS:
ITEM#3 WILL BE CONSIDERED SEPARATELY
July 13, 2021
26
AGENDA REVIEW SESSION
ITEM#71814
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
H. PLANNING
1. DOZB, LLC/DOZ, LLC for a Special Exception for Alternative Compliance re craft brewery,
tasting room and restaurant at 821, 823 & 825 Virginia Beach Boulevard DISTRICT 6—BEACH
2. SOUTH LYNNHAVEN,LLC for a Modification of Conditions re allow the vacation of easements
to construct office use at 877 South Lynnhaven Road DISTRICT 3 — ROSE HALL (Approved
August 13, 1984)Deferred from June 15, 2021
3. THIN BREW LINE BREWING COMPANY/OCEANA CROSSINGS,LLC for a Modification
of Conditions re craft brewery & open-air market at 1375 Oceana Boulevard DISTRICT 6 —
BEACH(Approved December 22, 2018)
4. ATHERTON CONSTRUCTION & DEVELOPMENT, INC. /THE OPEN DOOR CHAPEL,
INC. for a Modification of Conditions re religious use at 3177 Virginia Beach Boulevard
DISTRICT 6—BEACH(Approved January 5, 2021)
5. BEACH BUILDING GROUP, INC. / DAVID & DEBORAH MCCOLGAN, KRISTIN
WORRELL for a Conditional Change of Zoningfrom R-7.5 Residential District to Conditional A-
18 Apartment District re construction of eight (8) condominium units at 2332 & 2328 Pleasure
House Road DISTRICT 4—BAYSIDE
6. JOHN'S GARAGE, LLC / 5772 ARROWHEAD, LLC for a Conditional Use Permit re
automotive repair garage at 5772 Arrowhead Drive, Suites A &B DISTRICT 2—KEMPSVILLE
7. 3323 SHORE DRIVE,LLC for a Conditional Use Permit re commercial marina at 3323 Shore
Drive DISTRICT 5—LYNNHAVEN
8. GREEN CLEAN AUTO WASH Conditional Use Permit re car wash facility at 3112 Virginia
Beach Boulevard DISTRICT 5—LYNNHAVEN
9. MARIE STROM/ALOHA,LLC Conditional Use Permit re tattoo parlor at 615 North Birdneck
Road, Suite 108 DISTRICT 6—BEACH
TABLED ITEMS FROM JULY 6,2021, CITY COUNCIL MEETING
21. Ordinances re Short Term Rentals:
c. AMEND Sections 401, 501, 601, 901, 1110, 1125, 1501, 1521, 1531 and 2203 of the CZO and
Section 5.2 of the Oceanfront Resort District Form-Based Code re requirements and use of
Short Term Rentals and Overlays (Requested by Vice Mayor Wood and Council Member
Tower)
d. AMEND Section 241.2 of the CZO re Short Term Rentals and ESTABLISH additional safety
requirements(Requested by Vice Mayor Wood and Council Member Tower)
July 13, 2021
27
AGENDA REVIEW SESSION
ITEM#71814
(Continued)
e. ADD Article 23, and ESTABLISH Consisting of Sections 2300 - 2303, (Short Term Rental
Overlay Districts) to the CZO regulations and requirements re Short Term Rentals in Each
Overlay District(Requested by Vice Mayor Wood and Council Members Tower and Wilson)
f ESTABLISH Transition Rules for the review of Conditional Use Permits re Short Term Rentals
(Requested by Vice Mayor Wood and Council Member Jones)
H. PLANNING ITEMS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
VICE MAYOR WOOD WILL ABSTAIN ON ITEM#3
ITEM#5 WILL BE CONSIDERED SEPARATELY
July 13, 2021
28
ITEM#71815
Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
• Beach District
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff members or consultants pertaining to actual or probable litigation,
where such consultation or briefing in open meeting would adversely
affect the negotiating or litigating posture of the public body pursuant to
Section 2.2-3 711(A)(7).
• Estate of Tyree v. Colas and Tuft-Williams
• Holloway et al v. City of Virginia Beach
PERSONNEL MATTERS: Discussion, consideration, or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees of any public body
pursuant to Section 2.2-3711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees,Authorities, Agencies and Appointees
July 13, 2021
29
ITEM#71815
(Continued)
Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council voted to
proceed into CLOSED SESSION at 4:36 P.M.
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
Break 4:36 P.M. — 4:42 P.M.
Closed Session 4:42 P.M. —5:55 P.M.
July 13, 2021
30
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
JULY13, 2021
6:00 P.M.
Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the
City Council Chamber, City Hall, on Tuesday,July 13, 2021, at 6:00 P.M
Council Members Present:
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:
Michael F. Berlucchi—Ill
INVOCATION: Council Member Jones
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard
Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34th 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.
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
July 13, 2021
31
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.
July 13, 2021
32
ITEM— VII-E
CERTIFICATION
ITEM#71816
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
J�4 yL
2
rR _
4F OUR Mo,04S
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the
affirmative vote recorded in ITEM#71815 Page 29 and in accordance with the provisions of The Virginia
Freedom of Information Act;and,
WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
hi/
V'anda :,6 is, MMI
City Cler
July 13, 2021
33
ITEM— VILH.
FORMAL SESSION AGENDA
ITEM#71817
Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the
City Clerk will call the speaker and they will be given three (3) minutes on each item they registered to
speak.
The City Clerk called for the following speaker:
Barbara Messner, P. O. Box 514, did not respond
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,BY
CONSENT, Agenda Items Ordinance/Resolutions G: 1, 2 and 4 and Planning Items H: 2, 3, 4, 6, 7, 8
and 9
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
G. ORDINANCES/RESOLUTIONS:
ITEM#3 WILL BE CONSIDERED SEPARATELY
H.PLANNING ITEMS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
VICE MAYOR WOOD WILL ABSTAIN ON ITEM#3
ITEM#5 WILL BE CONSIDERED SEPARATELY
July 13, 2021
34
ITEM— VILG.1
ORDINANCE/RESOLUTIONS
ITEM#71818
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to TERMINATE Memorandum of Understanding (MOU) with the City of
Chesapeake re Southeastern Parkway and Greenbelt Project
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
1 AN ORDINANCE TO TERMINATE THE
2 MEMORANDUM OF UNDERSTANDING WITH THE
3 CITY OF CHESAPEAKE FOR THE SOUTHEASTERN
4 PARKWAY AND GREENBELT PROJECT
5
6 WHEREAS, the Southeastern Parkway and Greenbelt Project (the "Project") was
7 initiated in 1983;
8
9 WHEREAS, in 2001, by Resolution RES-02887, City Council authorized a
10 Memorandum of Understanding ("MOU") with the City of Chesapeake ("Chesapeake")
11 regarding certain collaborative aspects of the Project;
12
13 WHEREAS, in 2005, pursuant to Ordinance ORD-2898F, City Council authorized
14 an addendum to the MOU to address additional provisions of the Project;
15
16 WHEREAS, in 2009, the Federal Highway Administration determined the Project
17 was nonviable due to costs, limited traffic benefits, and environmental impacts;
18
19 WHEREAS, any future corridor considerations for the Project would be internal to
20 the City of Virginia Beach and thus not governed by the MOU;
21
22 WHEREAS, there is no fiscal or contractual commitment for the City of Virginia
23 Beach if the MOU is terminated; and
24
25 WHEREAS, City Council is of the opinion that it is in the public interest to terminate
26 the MOU with Chesapeake for the Project.
27
28 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
29 OF VIRGINIA BEACH, VIRGINIA:
30
31 The City Manager is hereby authorized to execute a termination agreement with
32 Chesapeake to conclude the joint efforts for the Project.
33
34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 t h day of
35 July , 2021.
CA15233
1\VOgov.comVd&IUppbcsiioreCaylswcycom3AwrDOCS DO 2 P03nar+3096s.docx
R-1
June 16, 2021
APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS i 0 CONTENT:
City Att'. Y Public Works/Engineering
�
35
ITEM— VII.G.2
ORDINANCE/RESOLUTIONS
ITEM#71819
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT,Resolution to REQUEST the Circuit Court appoint an Alternate re Board of Equalization
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
REQUESTED BY THE BOARD OF EQUALIZATION
1 A RESOLUTION REQUESTING THE CIRCUIT
2 COURT APPOINT AN ALTERNATE TO THE
3 BOARD OF EQUALIZATION
4
5 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 That the Virginia Beach Circuit Court is hereby requested to appoint an alternate
9 to the Board of Equalization for the current term, which commenced July 1, 2021.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13 t h
day of July , 2021.
APPROVED AS TO LEGAL SUFFICIENCY:
L
Att ey's Office
CA15494
R-1
June 30, 2021
36
ITEM— VIL G.3
ORDINANCE/RESOLUTIONS
ITEM#71820
The following registered to speak:
Barbara Messner, P. O. Box 514, did not respond
Dianna Howard, 1057 Debaca Court, Phone: 567-9021, commented on the projects to be completed
Upon motion by Council Member Moss, seconded by Council Member Wilson, City Council ADOPTED
Resolution to DIRECT the filing for a Request for Referendum on the Question of issuing$567,500,000 of
General Obligation Debt re Flood Mitigation Measures(Request by City Council)
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
REQUESTED BY THE CITY COUNCIL
1 A RESOLUTION TO DIRECT THE FILING OF A REQUEST
2 FOR REFERENDUM ON THE QUESTION OF ISSUING
3 $567,500,000 OF GENERAL OBLIGATION DEBT FOR
4 FLOOD MITIGATION MEASURES
5
6 WHEREAS, the City has identified flood mitigation projects where the authorization
7 of general obligation debt would significantly accelerate the delivery of such projects;
8
9 WHEREAS, the City Charter limits the amount of general obligation debt the City
10 can issue without a referendum;
11
12 WHEREAS, the City Council desires a referendum be held to authorize
13 $567,500,0000 in general obligation debt; and
14
15 WHEREAS, if the referendum question is answered in the affirmative, the City
16 Council would authorize the issuance of such general obligation debt in accordance with
17 the provisions of the City Charter and the Public Finance Act;
18
19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA, THAT:
21
22 The City Council hereby directs the filing with the circuit court requesting an order
23 for a referendum upon the issuance of general obligation debt in accordance with the
24 provisions of the City Charter and the Public Finance Act, and the question to be asked
25 is as follows:
26
27 Shall the City of Virginia Beach issue general obligation bonds in the maximum
28 amount of $567,500,000 pursuant to the City Charter and the Public Finance Act
29 to fund the design and construction of flood mitigation measures as part of a
30 comprehensive flood protection program that includes the following Phase 1
31 projects: Chubb Lake / Lake Bradford Outfall, Church Point/Thoroughgood
32 Drainage Improvements, Central Resort District - 24th Street Culvert, Central
33 Resort District Drainage Improvements, Eastern Shore Drive - Elevate Lynnhaven
34 Drive, Eastern Shore Drive - Phase I, Section 1 F Improvements, Eastern Shore
35 Drive - Phase I, Section 1G Improvements, Eastern Shore Drive - Poinciana Pump
36 Station, First Colonial Road & Oceana Boulevard Drainage Improvements,
37 Princess Anne Plaza Golf Course Conversion, Princess Anne Plaza North London
38 Bridge Creek Tide Gate, Barriers, and Pump Station, Pungo Ferry Road
39 Improvements, Sandbridge/New Bridge Intersection Improvements, Seatack
40 Neighborhood Drainage Improvements, Stormwater Green Infrastructure, The
41 Lakes - Flood Barriers, The Lakes - Holland Road Gate, West Neck Creek Bridge
42 Replacement, Windsor Woods - Thalia Creek/Lake Trashmore Improvements,
43 Windsor Woods Flood Barriers, and Windsor Woods Pump Station?
44
45 [ ] Yes
46 [ ] No
47
48 BE IT FURTHER RESOLVED, THAT:
49
50 The City Manager and the City Attorney are hereby directed to take such actions
51 as are necessary and appropriate to have such referendum election held at the November
52 2021 election including, without limitation, the notification of the Voter Registrar and State
53 Board of Elections and the distribution of information in conformity with § 24.2-687 of the
54 Code of Virginia.
55
56 BE IT FURTHER RESOLVED, THAT:
57
58 If the referendum question authorized herein is answered in the affirmative, the
59 City Manager is directed to establish a dedicated webpage on the City's website that
60 includes each of the projects listed in the above referendum question and the progress —
61 by dollar amount spent and by milestone achieved — toward completion of such projects.
62 The City Manager is also directed to provide quarterly reports to the City Council providing
63 updates regarding the execution of these projects.
Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day
of July , 2021.
APPROVED AS TO LEGAL SUFFICIENCY:
1 �
CityAtt6m 's Office
CA15476
R-2
July 6, 2021
List of Phase I Projects
Chubb Lake/ Lake Bradford Outfall
Church Point/Thoroughgood Drainage Improvements
Central Resort District - 24th Street Culvert
Central Resort District Drainage Improvements
Eastern Shore Drive- Elevate Lynnhaven Drive
Eastern Shore Drive - Phase I, Section 1F Improvements
Eastern Shore Drive- Phase I, Section 1 G Improvements
•
Eastern Shore Drive - Poinciana Pump Station
First Colonial Road& Oceana Boulevard Drainage Improvments
Princess Anne Plaza Golf Course Conversion Section 1
Princess Anne Plaza Golf Course Conversion Section 2
Princess Anne Plaza Golf Course Conversion Section 3
Princess Anne Plaza North London Bridge Creek Barriers
Princess Anne Plaza North London Bridge Creek Pump Station
Princess Anne Plaza North London Bridge Creek Tide Gate
Pungo Ferry Road Improvements
Sandbridge/New Bridge Intersection Improvements
Seatack Neighborhood Drainage Improvements
Stormwater Green Infrastructure - Marsh Terrace
The Lakes - Flood Barriers
The Lakes - Holland Road Gate
West Neck Creek Bridge Replacement
Windsor Woods - Thalia Creek/Lake Trashmore Improvements
Windsor Woods Flood Barriers
Windsor Woods Pump Station
37
ITEM— VII.G.4
ORDINANCE/RESOLUTIONS
ITEM#71821
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT,Resolution to APPROVE the modification of a construction contract re Francis Land House
Restoration
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
1 A RESOLUTION APPROVING THE MODIFICATION
2 OF A CONSTRUCTION CONTRACT FOR FRANCIS
3 LAND HOUSE RESTORATION
4
5 WHEREAS, in July 2020, the City executed a contract with SDC Contracting to
6 provide construction services for the restoration of the Francis Land House as part of
7 the execution of Capital Project #100203, "Heritage Building Maintenance — Phase II;"
8
9 WHEREAS, due to unforeseen site conditions and the need to change the fire
10 suppression system type, the contract requires modifications that exceed 25% of the
11 original contract;
12
13 WHEREAS, the additional construction required to accomplish the scope of this
14 project will increase the contract price by 52.5% over the original fixed-price contract
15 amount of$571,097; and
16
17 WHEREAS, the Virginia Public Procurement Act requires City Council approval
18 of changes to contracts that exceed $50,000 or 25% of the original contract price,
19 whichever is greater.
20
21 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA THAT:
23
24 The City Council hereby approves the modification of the aforementioned
25 construction contract with SDC Contracting with a revised contract price of$870,923.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 13th
day of July , 2021.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Department of Public Works to ey's Office
CA15490
R-2
July 1, 2021
38
ITEM—VII-H.1
PLANNING
ITEM#71822
The following registered to speak:
Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT
Barbara Messner, P. O. Box 514, did not respond
Upon motion by Council Member Tower,seconded by Council Member Wilson, City Council APPROVED,
AS CONDITIONED, Application of DOZB, LLC/DOZ, LLC for a Special Exception for Alternative
Compliance re craft brewery, tasting room and restaurant at 821, 823 & 825 Virginia Beach Boulevard
DISTRICT 6—BEACH
DOZB, LLC / DOZ, LLC for a Special Exception for Alternative
Compliance re craft brewery, tasting room and restaurant at 821, 823&
825 Virginia Beach Boulevard (GPINs 24177865230, 2417864189,
2417866204, 2417865198)DISTRICT 6—BEACH
The following conditions shall be required:
1. All new, permanent structures shall substantially conform to the renderings depicted in
"Conceptual Site Plan, 829 Virginia Beach Blvd"dated May 25, 2021, by WPL, which has
been exhibited to the City Council and is shown on pages 8 and 9 of this staff report.
2. Bicycle racks designed in conformance with the City's bicycle parking design guidelines
to accommodate at least ° twenty-five
(25) bicycles shall be provided in a designated location to be determined during detailed
site plan review.
3. An unsignalized crosswalk with added pedestrian warning signs shall be installed across
Virginia Beach Boulevard on the east side of Washington Avenue per specifications
outlined in the Public Works Design Standards Manual.
4. No amplified music is permitted between 11:00 p.m. and 10:00 a.m.
5. No merchandise, produce, or food shall be displayed or sold along the Virginia Beach
Boulevard street frontage.
6. The operation shall not disturb the tranquility of residential areas or other areas in close
proximity or otherwise interfere with the reasonable use and enjoyment of neighboring
property by reason of excessive noise, traffic, lighting or overflow parking.
7. A Landscape Plan shall be submitted that contains the plantings and screenings references
in Condition 1 above that includes, but is not limited to, the following:
July 13, 2021
39
ITEM—VII-H.1
PLANNING
ITEM#71822
(Continued)
a. Along adjacent properties that are considered to be "Protected Districts"by the
Oceanfront Resort District Form-Based Code, evergreen trees shall be installed
at a minimum of six(6)feet in height and be allowed to grow and be maintained
at a height of no less than ten (10)feet and the required shrubs shall be allowed
to grow and be maintained at a height of no less than four(4)feet.
b. The twenty-inch (20') oak tree depicted to remain on the concept plan shall be
preserved and properly protected through all phases of construction to the
greatest extent possible. If the tree dies or is removed as a result of developing
the site, three additional replacement trees shall be planted onsite. Replacement
trees shall have minimum a caliper of two and a half inch (2 %a') at the time of
planting.
8. All interior lot lines shall be vacated.
This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 13`h day of July Two Thousand
Twenty One.
Voting: 8-1
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R.
Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood
and Sabrina D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Michael F. Berlucchi
July 13, 2021
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40
ITEM—VII-H.2
PLANNING
ITEM#71823
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
MODIFIED, AS CONDITIONED, BY CONSENT, Application of SOUTH LYNNHAVEN, LLC for a
Modification of Conditions re allow the vacation of easements to construct office use at 877 South
Lynnhaven Road DISTRICT 3—ROSE HALL (Approved August 13, 1984)Deferred from June 15, 2021
SOUTH LYNNHAVEN, LLC for a Modification of Conditions re allow
the vacation of easements to construct office use at 877 South Lynnhaven
Road(GPIN 1496342200)DISTRICT 3—ROSE HALL(Approved August
13, 1984)Deferred from June 15, 2021
The following conditions shall be required:
1. As to the applicant's property, the conditions attached to the Street Closure granted on
August 13, 1984, and extended on May 20, 1985, are hereby deleted.
2. As to the applicant's property, a Deed of Partial Vacation to vacate the variable with
public utility and emergency vehicle access easements shall be recorded with City of
Virginia Beach Clerk of Circuit Court within three hundred sixty-five (365) days from the
date of City Council action. The Deed of Partial Vacation shall be subject to the approval
of the City Attorney's Office.
3. All City public utility infrastructure within the easement area to be vacated shall be
relocated or abandoned as determined and approved by the Department of Public Utilities.
This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 13`h day of July Two Thousand
Twenty One.
Voting: 8-0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D.
Moss,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson and Sabrina D.
Wooten
Council Members Abstaining:
Vice Mayor James L. Wood
Council Members Absent:
Michael F. Berlucchi
July 13, 2021
1 ORDINANCE APPROVING APPLICATION OF
2 SOUTH LYNNHAVEN, LLC FOR THE
3 MODIFICATION OF THE CONDITIONS OF A
4 STREET CLOSURE FOR A PORTION OF
5 SOUTH LYNNHAVEN ROAD
6
7 WHEREAS, on August 13, 1984, City Council conditionally approved the
8 closure of approximately 23,470 sq. ft. of South Lynnhaven Road;
9
10 WHEREAS, on May 20, 1985, City Council adopted an ordinance for the
11 final approval of the street closure (the "Street Closure");
12
13 WHEREAS, Conditions of the Street Closure included 1) reserving an
14 easement to the City for installation and maintenance of public utilities, and 2) reserving
15 an easement to the City for access of emergency vehicles (collectively, the
16 "Easements");
17
18 WHEREAS, South Lynnhaven, LLC (the "Applicant") is the current owner
19 of an undeveloped parcel of land designated as GPIN: 1496-34-2200, consisting of
20 approximately 19,338 sq. ft. (0.444 ac.) (the "Property");
21
22 WHEREAS, the Property is also nonconforming, as it contains less than
23 the minimum lot size requirement of 20,000 sq. ft. in the B-2 Community Business
24 District;
25
26 WHEREAS, modifying the conditions of the street closure to allow the
27 Easements to be vacated would expand the buildable area on the Property;
28
29 WHEREAS, City staff has determined that the modification of the
30 conditions of the Street Closure would not result in any inconvenience to the public; and
31
32 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
33 Virginia Beach, Virginia:
34
35 SECTION I
36
37 The following conditions must be met on or before one (1) year from City
38 Council's adoption of this ordinance:
39
40 1. The conditions of the Street Closure requiring the Easements on
41 the Property are hereby deleted.
42
43 2. A Deed of Partial Vacation to vacate the Easements on the
44 Property shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia
45 Beach, subject to approval of the City Attorney's office, within 365 days from the date of
46 approval of this action.
47 3. All City public utility infrastructure within the Easements on the
48 Property shall be relocated or abandoned, as determined and approved by the
49 Department of Public Utilities.
50
51 SECTION II
52
53 1. If the preceding conditions are not fulfilled on or before July 5, 2022, this
54 Ordinance will be deemed null and void without further action by the City Council.
55
56 2. If all conditions are met on or before July 5, 2022, the date of final closure
57 is the date the street closure ordinance is recorded by the City Attorney.
58
59 3. In the event the City of Virginia Beach has any interest in the underlying
60 fee, the City Manager or his designee is authorized to execute whatever documents are
61 requested, if any, to convey such interest, provided said documents are approved by
62 the City Attorney's Office.
63
64 SECTION III
65
66 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit
67 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
68 VIRGINIA BEACH as "Grantor" and SOUTH LYNNHAVEN, LLC as "Grantee."
69
70 Adopted by the Council of the City of Virginia Beach, Virginia, on this
71 13th day of July , 20 21
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Idk),,, 1 LW 1/1/1/14-14/$4
Planning Department City Attorney
CA15221
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R-1
June 24, 2021
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DAMES L.WOOD MUicIPAI CMS
VICE MAYOR BUaaN4G1 80031281
DISTRICT 5—LYNNHAVEN 2401 CO }pUSEORJVE
VIRGINA BEACH,VA234569000
(T57)7854342
FAX(757)3462002
Refer to File No. 0071313 JL"`0°D° 0"COM
June 15,2021
Mrs. Amanda Barnes, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia,
I make the following declarations:
1. I am executing this written disclosure regarding the City Council's discussion and
vote on the application of South Lynnhaven,LLC for modification of conditions of
a previously approved street closure for property located at 877 South Lynnhaven
Road.
2. I am a member of South Lynnhaven, LLC, and its principal office address is 3908
Meeting House Road, Virginia Beach, VA,23455.
3. I will abstain from participating in the City Council's consideration of this
application.
I respectfully request that you record this declaration in the official records of the City
Council. Thank you for your assistance in this matter.
Sincerel
111 41
L. Wood
Vice Mayor
JLW/RRI
Gok$fie
7
of Virginia Beach
M`.ry- rc
sa i !�
ofouRN om'o
VBglov.cosn
JAMES L.WOOD MUNICIPAL COMER
VICE MAYOR BULDINGI ROOM 281
DISTRICT 5-LYNNHAVEN 2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 23458 4030
(757)7854342
FAX(757)340-2082
Refer to File No. 0071313 c"O0D° 0°'CON
June 15,2021
Mrs. Amanda Barnes,MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia,
I make the following declarations:
1. I am executing this written disclosure regarding the City Council's discussion and
vote on the application of South Lynnhaven,LLC for modification of conditions of
a previously approved street closure for property located at 877 South Lynnhaven
Road.
2. I am a member of South Lynnhaven, LLC, and its principal office address is 3908
Meeting House Road, Virginia Beach, VA, 23455.
3. I will abstain from participating in the City Council's consideration of this
application.
I respectfully request that you record this declaration in the official records of the City
Council. Thank you for your assistance in this matter.
Sincerel
.4111W41,
L. Wood
Vice Mayor
JLW/RRI
41
ITEM—VII-H.3
PLANNING
ITEM#71824
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
MODIFIED, AS CONDITIONED, BY CONSENT, Application of THIN BREW LINE BREWING
COMPANY/OCEANA CROSSINGS,LLCfor a Modification of Conditions re craft brewery& open-air
market at 1375 Oceana Boulevard DISTRICT 6—BEACH(Approved December 22, 2018)
THIN BREW LINE BREWING COMPANY/OCEANA CROSSINGS,
LLCfor a Modification of Conditions re craft brewery&open-air market
at 1375 Oceana Boulevard(GPIN 2415489273)DISTRICT 6—BEACH
The following conditions shall be required:
1. All conditions attached to the Conditional Use Permit for the Craft Brewery& Open-Air
Market dated December 12, 2018, shall remain in effect.
Conditional Use Permit(Craft Brewery)
2. With the exception of any modifications required by any of these conditions or by any City
regulations, the units shall be configured in conformance with the submitted layout plan
shown on page 5 of this report. Said plan has been exhibited to the Virginia Beach City
Council and is on file with the Department of Planning and Community Development.
3. An occupancy load for the Craft Brewery shall be established by the City of Virginia Beach
Building Official's Office.
4. A Certificate of Occupancy shall be obtained prior to operation of Craft Brewery.
5. Any conditions associated with the license issued by the Virginia Alcoholic Beverage
Control Board shall be incorporated as conditions with this Conditional Use Permit.
6. All signage onsite shall meet the requirements of the City Zoning Ordinance(CZO). There
shall be no neon or electronic display signs, or accents installed on any wall area of the
exterior of the building, in, or on the windows, or on the doors. A separate sign permit
from the Planning Department shall be required for the installation of any signage.
7. Hampton Roads Sanitation District approval shall be obtained prior to any discharge of
sewage.
8. As per Section 230 of the Zoning Ordinance, live music will only be allowed inside the
establishment when all the doors and windows are closed. No live music will be permitted
on the outdoor patio area.
July 13, 2021
42
ITEM—VII-H.3
PLANNING
ITEM#71824
(Continued)
Conditional Use Permit(Open Air Market)
9. Unless otherwise authorized by the Zoning Ordinance, the Open-Air Market shall be
limited to one food truck, which shall be located in substantial conformances with the
submitted layout plan, shown on page 8 of this report. Said plan has been exhibited to the
Virginia Beach City Council and are on file in the Virginia Beach Planning Department
and Community Development.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 13`h day of July Two Thousand
Twenty One.
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
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ITEM—VII-H.4
PLANNING
ITEM#71825
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
MODIFIED, AS CONDITIONED, BY CONSENT, Application of ATHERTON CONSTRUCTION&
DEVELOPMENT, INC. / THE OPEN DOOR CHAPEL, INC. for a Modification of Conditions re
religious use at 3177 Virginia Beach Boulevard DISTRICT 6—BEACH(Approved December 22, 2018)
ATHERTON CONSTRUCTION & DEVELOPMENT, INC. / THE
OPEN DOOR CHAPEL, INC. for a Modification of Conditions re
religious use at 3177 Virginia Beach Boulevard (GPIN 1497041957)
DISTRICT 6—BEACH(Approved December 22, 2018)
The following conditions shall be required:
1. All conditions attached to the Modification of Conditions granted on January 5, 2021, 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 and 0.17-acre portion of the church's property to be incorporated
into that site as parking areas, 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 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 13th day of July Two Thousand
Twenty One.
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
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ITEM—VII-H.5
PLANNING
ITEM#71826
The following registered to speak:
Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971, Attorney for Applicant, spoke in SUPPORT
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Kim Mayo, 4807 Secure Court, Phone: 450-3011, spoke in OPPOSITION
Upon motion by Council Member Jones, seconded by Vice Mayor Wood, City Council APPROVED, AS
PROFFERED, Application of BEACH BUILDING GROUP, INC. / DAVID & DEBORAH
MCCOLGAN,KRISTIN WORRELL for a Conditional Change of Zoning from R-7.5 Residential District
to Conditional A-18 Apartment District re construction of eight (8) condominium units at 2332 & 2328
Pleasure House Road DISTRICT 4—BAYSIDE
BEACH BUILDING GROUP, INC. / DAVID & DEBORAH
MCCOLGAN,KRISTIN WORRELL for a Conditional Change of Zoning
from R-7.5 Residential District to Conditional A-18 Apartment District re
construction of eight (8) condominium units at 2332 & 2328 Pleasure
House Road(GPIN)DISTRICT 4—BAYSIDE
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 13`h day of July Two Thousand
Twenty One.
Voting: 8-1
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R.
Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood
and Sabrina D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Michael F. Berlucchi
July 13, 2021
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Op OUR MPT10N
In Reply Refer To Our File No. DF-10609
DATE: July 2, 2021
TO: Mark D. Stiles DEPT: City Attorney
FROM: B. Kay Wilson DEPT: City Attorney
RE: Conditional Zoning Application; Beach Building Group, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on July 13, 2021. I have reviewed the subject proffer agreement, dated
December 1, 2020 and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ka
Enclosure
cc: Debra Bryan
BEACH BUILDING GROUP, INC., a Virginia corporation
DAVID MICHAEL McCOLGAN and DEBORAH SUE McCOLGAN,husband and wife
KRISTIN MICHELLE WORRELL
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 1st day of December, 2020, by and between BEACH
BUILDING GROUP, INC.,a Virginia corporation,Grantor,party of the first part; DAVID MICHAEL
McCOLGAN and DEBORAH SUE McCOLGAN, husband and wife, Grantor, parties of the second
part; KRISTIN MICHELLE WORRELL,Grantor,party of the third part;and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the fourth
part.
WITNESSETH:
WHEREAS, the parties of the second part are the owners of a certain parcel of property
located in the Bayside District of the City of Virginia Beach, Virginia, containing approximately
12,625 square feet as more particularly described as "Parcel One"in Exhibit"A"attached hereto
and incorporated herein by this reference. Said parcel along with Parcel Two as described in
Exhibit"A"are herein collectively referred to as the "Property"; and
WHEREAS, the party of the third part is the owner of certain property located in the
Bayside District of the City of Virginia Beach,Virginia,containing approximately 9,981.67 square
feet as more particularly described as "Parcel Two" in Exhibit "A" attached hereto and
incorporated herein by this reference. Said Property is comprised of two (2) unplatted parcels
created by deed prior to Princess Anne County adopting its Subdivision Ordinance. Each of the
GPIN: 1479-49-8450-0000 Parcel One
1479-49-8301-0000 Parcel Two
1479-49-8364-0000 Parcel Two
Prepared by:
R.Edward Bourdon,Jr.,Esq.(VSB#22160)
Sykes,Bourdon,Ahern&Levy,P.C.
4429 Bonney Road
Suite 500
Virginia Beach,Virginia 23462
two (2) parcels have an assigned GPIN, however,they have been under common ownership and
conveyed together using the single metes and bounds legal description of"Parcel Two"in Exhibit
"A", since July of 1952. Said combined Parcel Two along with Parcel One as described in Exhibit
"A"are herein collectively referred to as the "Property"; and
WHEREAS, the party of the first part as contract purchaser of the Property has initiated
a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition
addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5
Residential District to Conditional A-18 Apartment District; and
WHEREAS,the Grantee's policy is to provide only for the orderly development of land for
various purposes through zoning and other land development legislation; and
WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible
development of various types of uses conflict and that in order to permit differing types of uses
on and in the area of the Property and at the same time to recognize the effects of change that
will be created by the Grantors'proposed rezoning, certain reasonable conditions governing the
use of the Property for the protection of the community that are not generally applicable to land
similarly zoned are needed to resolve the situation to which the Grantors' rezoning application
gives rise; and
WHEREAS,the Grantors have voluntarily proffered, in writing, in advance of and prior to
the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map
with respect to the Property, the following reasonable conditions related to the physical
development, operation, and use of the Property to be adopted as a part of said amendment to
the Zoning Map relative and applicable to the Property, which has a reasonable relation to the
rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns,
grantees, and other successors in title or interest, voluntarily and without any requirement by
or exaction from the Grantee or its governing body and without any element of compulsion or
quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby
makes the following declaration of conditions and restrictions which shall restrict and govern
the physical development, operation, and use of the Property and hereby covenant and agree
that this declaration shall constitute covenants running with the Property,which shall be binding
upon the Property and upon all parties and persons claiming under or through the Grantors,
2
their successors,personal representatives,assigns,grantees,and other successors in interest or
title:
1. When the Property is redeveloped, it shall be improved with an eight (8) unit
residential condominium with fencing, landscaping and access substantially as shown on the
exhibits entitled "CONCEPTUAL LAYOUT PLEASURE HOUSE ROAD DEVELOPMENT VIRGINIA
BEACH, VIRGINIA - Beach Building Group, Inc.", dated 10/27/2020 and "CONCEPTUAL
PLANTING LAYOUT PLEASURE HOUSE ROAD DEVELOPMENT VIRGINIA BEACH, VIRGINIA -
Beach Building Group, Inc.",dated 10/27/2020,prepared by WPL,which have been exhibited to
the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning
(hereinafter"Rezoning Exhibits").
2. The architectural design of the buildings depicted on the Rezoning Exhibits will
be as depicted on the exhibit entitled, "CONDOMINIUM PLANS PLEASURE HOUSE ROAD" -
"ELEVATIONS", dated 11/1/20, prepared by JLS Contractor Services, LLC (hereinafter
"Elevations") with the primary exterior building materials being premium vinyl and
architectural shingles. The elevations have been exhibited to the Virginia Beach City Council and
are on file with the Virginia Beach Department of Planning.
3. When the Property is developed, the party of the first part shall record a
Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia
which shall include a restriction prohibiting the rental of any unit for a term of less than thirty
(30) days. The Condominium Unit Owners'Association shall be responsible for maintaining all
open spaces, common areas, landscaping and other improvements on the Property as depicted
on the Concept Plan. Membership, by all residential unit owners, in the Condominium
Association shall be mandatory.
4. Further conditions may be required by the Grantee during detailed Site Plan
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 the A-18 Apartment District and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision
Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this
Agreement by City Council,which are by this reference incorporated herein.
The above conditions, having been proffered by the Grantors and allowed and accepted
by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and
3
effect until a subsequent amendment changes the zoning of the Property and specifically repeals
such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning
Ordinance even if the subsequent amendment is part of a comprehensive implementation of a
new or substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record
owner of the Property at the time of recordation of such instrument, provided that said
instrument is consented to by the Grantee in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the
Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said instrument
shall be void.
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 and restrictions, including the
authority(a) to order,in writing,that any noncompliance with such conditions be remedied;and
(b) to bring legal action or suit to insure compliance with such conditions, including mandatory
or prohibitory injunction, abatement, damages,or other appropriate action,suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, the Grantors shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the conditions may
be made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the
Grantors and the Grantee.
4
WITNESS the following signature and seal:
Grantor:
Beach Building Group, Inc.,a Virginia corporation
By: (SEAL)
Jonathan esi t
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to wit:
The foregoing instrument was acknowledged before me this Pt day of December, 2020,
by Jonathan Speight, President of Beach Building Group, Inc., a Virginia corporation, Grantor.
_AM413k'k 66`14<et
Notary Public ••••`
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My Commission Expires: August 31, 2022 Z �O 4.
Notary Registration Number:192628 = s N z
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WITNESS the following signatures and seals:
Grantors:
, /// (SEAL)
David ' ael McColgan
o10t , . �.Th (SEAL)
Deborah Sue McColgan
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to wit:
The foregoing instrument was acknowledged before me this S day of December,2020,
by David Michael McColgan and Deborah Sue McColgan,husband and wife, Grantors.
Notary Public
My Commission Expires: ,
DI2Z
Notary Registration Number: -7 0 as i 7
CATHLEEN S.SIMMS
Notary Commonwealth Uof�o'
My Commission Expires e-
Registration#703 457
6
WITNESS the following signature and seal:
Grantor:
4111(fts.
M[.G/CL.C.C.L OV EAL)
Kristin Michelle Worrell
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to wit:
The foregoing instrument was acknowledged before me this 0?-5day of February, 2021,
by Kristin Michelle Worrell, Grantor.
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My Commission Expires: -7-31-a0a3 y'•. ?P`� . :'
Notary Registration Number: # 7e75 i61. •............
LIRGINIP
7
EXHIBIT "A"
PARCEL ONE:
ALL THAT certain lot,piece or parcel of land,with the improvements thereon,situated in the City
of Virginia Beach (formerly Kempsville District, Princess Anne County),Virginia,being shown on
the plat of property of Al T. Lewis &Winifred H. Lewis, situated near Chesapeake Beach", made
October 30, 1942,and recorded in Map Book 14,Page 18,in the Clerk's Office of the Circuit Court
of the City of Virginia Beach (formerly Princess Anne County),Virginia,and described as follows:
BEGINNING at a point on the eastern side of Pleasure House Road 669.1 feet south of Powell's
Point Road (formerly Lake Point Road); thence southerly along the eastern side of Pleasure
House Road 90.5 feet; thence easterly and perpendicular to the eastern side of Pleasure House
Road 159.5 feet; thence northerly and parallel with Pleasure House Road 90.5 feet; thence
westerly and perpendicular to Pleasure House Road 159.5 feet to the point of beginning.
LESS AND EXCEPT a strip of land twenty feet wide along the eastern side of Pleasure House Road
dedicated for highway purposes.
GPIN: 1479-49-8450-0000
PARCEL TWO:
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon,
situate, lying and being in the City of Virginia Beach, Virginia, and being more particularly
described as follows:
Beginning at a point on the eastern side of Pleasure House Road 759.6 feet south of the
Southeastern intersection of Lake Point Road and Pleasure House Road, as shown on plat of the
property of Al T. Lewis and Winifred H. Lewis, situate near Chesapeake Beach, which plat is
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map
Book 14, at Page 18 and extending thence in a southerly direction along the eastern side of
Pleasure House Road 90.5 feet to a point on the eastern side of Pleasure House Road; thence
easterly and perpendicular to Pleasure House Road, 159.5 feet; thence northerly and parallel to
Pleasure House Road 90.5 feet;thence westerly and perpendicular to Pleasure House Road 159.5
feet to the point of beginning.
Subject to an easement over the strip of land 20 feet wide, indicated on said plat by the dotted
line from point A to point B along the eastern side of Pleasure House Road, which strip of land
has been dedicated to the public for highway purposes whenever the State of Virginia or the City
of Virginia Beach may elect to improve the same for highway purposes.
GPIN: 1479-49-8301-0000
1479-49-8364-0000
H:\AM\Conditional Rezoning\Beach Building Grp\2332 Pleasure House Rd\Proffer Agreement_final 3-29-2021.docx
8
45
ITEM—VII-H.6
PLANNING
ITEM#71827
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED,BY CONSENT,Application of JOHN'S GARAGE,LLC/5772 ARROWHEAD,LLC
for a Conditional Use Permit re automotive repair garage at 5772 Arrowhead Drive, Suites A & B
DISTRICT 2—KEMPSVILLE
JOHN'S GARAGE,LLC/5772 ARROWHEAD,LLC for a Conditional
Use Permit re automotive repair garage at 5772 Arrowhead Drive, Suites
A &B(GPIN 1467030703) DISTRICT 2—KEMPSVILLE
The following conditions shall be required:
1. No motor vehicles in a state of obvious disrepair shall be stored outside of the building.
All such vehicles shall only be permitted to be stored within the building.
2. There shall be no outside storage of equipment,parts, tires, or materials.
3. No motor vehicle repair work shall take place outside of the building.
4. No motor vehicles shall be parked within any portion of the public right-of-way.
5. All on-site signage must meet the requirements and regulations of the Zoning Ordinance.
A separate permit from the Department of Planning & Community Development is
required for any new signage installed on the site.
6. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners,
strings of light bulbs, or other similar moving devices on the site or on the vehicles. There
shall be no signs which are painted,pasted, or attached to the windows, utility poles, trees,
or fences or in an unauthorized manner to walls or other signs.
7. There shall be no portable or nonstructural signs or electronic display signs on the site.
8. All outdoor lights shall be shielded to direct light and glare onto the premises,said lighting
and glare shall be deflected, shaded, and focused away from all adjoining property. Any
outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet.
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 13`h day of July Two Thousand
Twenty One.
July 13, 2021
46
ITEM—VII-H.6
PLANNING
ITEM#71827
(Continued)
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
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Property Polygons 5772 Arrowhead Drive, Suites A & B
Zoning
Building — 1 Feet
0 40 80 160 240 320 400 480
47
ITEM—VII-H.7
PLANNING
ITEM#71828
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of 3323 SHORE DRIVE, LLC for a Conditional Use
Permit re commercial marina at 3323 Shore Drive DISTRICT 5—LYNNHAVEN
3323 SHORE DRIVE,LLC for a Conditional Use Permit re commercial
marina at 3323 Shore Drive (GPIN 1489882662) DISTRICT 5 —
LYNNHAVEN
The following conditions shall be required:
1. No additional restaurant seating shall be allowed on the proposed twelve (12)-foot wide
docks for Bubba's Restaurant and Shellfish Co., unless a BZA variance or Parking
Agreement are obtained to allow for additional seating.
2. A Joint Permit Application shall be approved by the Department of Planning and
Community Development and a building permit obtained from Permits and Inspections for
each dock prior to beginning construction.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 13`h day of July Two Thousand
Twenty One.
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
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48
ITEM—VII-H.8
PLANNING
ITEM#71829
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED,BY CONSENT,Application of GREEN CLEAN AUTO WASH Conditional Use Permit
re car wash facility at 3112 Virginia Beach Boulevard DISTRICT S—LYNNHAVEN
GREEN CLEAN AUTO WASH Conditional Use Permit re car wash
facility at 3112 Virginia Beach Boulevard(GPIN)DISTRICT S—
LYNNHAVEN
The following conditions shall be required:
1. When the property is redeveloped and landscaped, it shall be in substantial conformance
with the submitted concept plan entitled, "Proposed Retail Development—Green Clean",
prepared by Kimley-Horn, revised May 24, 2021, which has been exhibited to the Virginia
Beach City Council and is on file in the Department of Planning & Community
Development.
2. When the property is redeveloped, the exterior of the convenience store building shall
substantially adhere in appearance, size and materials to the elevations entitled, "Green
Clean Auto Wash,"prepared by SBA Studios Architectural Design, dated April 29, 2021,
which has been exhibited to the Virginia Beach City Council and is on file in the
Department of Planning& Community Development.
3. When the property is developed, the monument sign shall substantially adhere in
appearance, size and materials to the elevations entitled, "Exterior Monument Signage",
dated May 7, 2021, which has been exhibited to the Virginia Beach City Council and is on
file in the Department of Planning& Community Development.
4. A Landscape Plan shall be submitted that contains the plantings and screenings references
in Condition 1 above that includes but not limited to the following:
a. As depicted on the plan as the 'fifteen (1 S)foot Cat. IV Landscape Buffer",
along adjacent properties that are residentially zoned, evergreen trees shall
be installed at a minimum of six(6)feet in height and be allowed to grow and
be maintained at a height of no less than ten (10)feet and the required shrubs
shall be allowed to grow and be maintained at a height of no less than four
feet;
b. As depicted on the plan, the row of evergreen trees along the northern
parking/vacuum stations shall be installed at a minimum of six(6)feet and be
allowed to grow and be maintained at a height of no less than eight(8)feet.
A Site Plan shall not be released until the Landscape Plan is approved by the Development
Service Center Landscape Architect. Any dead, diseased or dying plantings shall be
replaced by the next planting cycle. The privacy fence shall be maintained in good
condition.
July 13, 2021
49
ITEM—VII-H.8
PLANNING
ITEM#71829
(Continued)
5. The dumpster shall be enclosed with a solid brick wall in color and material to match the
building and any required screening shall be installed in accordance with Section 245(e)
of the Zoning Ordinance.
6. The hours of operation of the automated car wash and vacuums shall be limited to between
the hours of 8:00 a.m. to 8:00 p.m. daily.
7. All light poles shall be no taller than fourteen (14)feet in height.
8. The hoses and poles for the vacuum system shall be of a neutral earth tone color.
9. Any onsite signage shall meet the requirements of the City Zoning Ordinance(CZO), unless
otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than
individual channel letters lighted with internal neon and as approved by the Zoning
Administrator, or electronic display signs or accents, installed on any wall area of the
exterior of the building, in or on the windows or on the doors. There shall be no window
signage permitted. The building signage shall not be a "box sign"and the proposed sign
package shall be submitted to the Zoning Administrator for review and acceptance prior
to the issuance of a sign permit.
10. Noise attenuation shall be installed to reduce the noise of the automatic dryers.In addition,
a ten(10)foot long by six(6)foot high wall shall be installed along the exit of the automatic
car wash facility, as approved by the Director of Planning.
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 13th day of July Two Thousand
Twenty One.
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
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50
ITEM—VII-H.9
PLANNING
ITEM#71830
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of MARIE STROM/ALOHA, LLC Conditional Use
Permit re tattoo parlor at 615 North Birdneck Road, Suite 108 DISTRICT 6—BEACH
MARIE STROM/ALOHA,LLC Conditional Use Permit re tattoo
parlor at 615 North Birdneck Road, Suite 108(GPIN 2417597653)
DISTRICT 6—BEACH
The following conditions shall be required:
1. A business license for the Tattoo Parlor shall not be issued to the applicant without the
approval of the Health Department to ensure consistency with the provisions of Chapter
23 of the City Code.
2. The actual application of tattoos shall not be visible from the exterior of the establishment
or from the waiting and sales area within the establishment.
3. Any on-site signage for the establishment shall meet the requirements of the City Zoning
Ordinance (CZO), and there shall be no neon, electronic display or similar sign installed
on the exterior of the building or in any window or on the doors. A separate sign permit
shall be obtained from the Planning Department for the installation of any new signs.
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 13`h day of July Two Thousand
Twenty One.
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
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51
ITEM—VII-H.21
TABLED ITEM
ITEM#71831
After City Council discussion, Council Member Moss made a motion, seconded by Council Member Jones,
to ADOPT,Application of CITY OF VIRGINIA BEACH—Ordinance re Short Term Rentals(City Council
Alternatives):
c. AMEND Sections 401, 501, 601, 901, 1110, 1125, 1501, 1521, 1531 and 2203
of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based
Code re requirements and use of Short Term Rentals and Overlays(Requested
by Vice Mayor Wood and Council Member Tower)
e. ADD Article 23, and ESTABLISH Consisting of Sections 2300-2303, (Short
Term Rental Overlay Districts) to the CZO regulations and requirements re
Short Term Rentals in Each Overlay District(Requested by Vice Mayor Wood
and Council Members Tower and Wilson)
f ESTABLISH Transition Rules for the review of Conditional Use Permits re
Short Term Rentals (Requested by Vice Mayor Wood and Council Member
Jones)
Council Member Wooten then made a SUBSTITUTE MOTION, seconded by Council Member Rouse, to
DEFER TO SEPTEMBER 7, 2021,Application of CITY OF VIRGINIA BEACH—Ordinance re Short
Term Rentals(City Council Alternatives):
c. AMEND Sections 401, 501, 601, 901, 1110, 1125, 1501, 1521, 1531 and 2203
of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based
Code re requirements and use of Short Term Rentals and Overlays(Requested
by Vice Mayor Wood and Council Member Tower)
d. AMEND Section 241.2 of the CZO re Short Term Rentals and ESTABLISH
additional safety requirements(Requested by Vice Mayor Wood and Council
Member Tower)
e. ADD Article 23, and ESTABLISH Consisting of Sections 2300-2303, (Short
Term Rental Overlay Districts) to the CZO regulations and requirements re
Short Term Rentals in Each Overlay District(Requested by Vice Mayor Wood
and Council Members Tower and Wilson)
f ESTABLISH Transition Rules for the review of Conditional Use Permits re
Short Term Rentals (Requested by Vice Mayor Wood and Council Member
Jones)
July 13, 2021
52
ITEM—VII-H.21
TABLED ITEM
ITEM#71831
(Continued)
Voting: 5-4
Council Members Voting Aye:
Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson and Sabrina D. Wooten*
Council Members Voting Nay:
Barbara M. Henley, Louis R. Jones, John D. Moss and Vice Mayor
James L. Wood
Council Members Absent:
Michael F. Berlucchi
*Verbal Vote—Council Member Wooten requested to change her vote from "Nay"to "Aye"as she
inadvertently voted"Nay"electronically.
July 13, 2021
53
ITEM—VII-H.21 c f
TABLED ITEM
ITEM#71831
(Continued)
A motion was made by Council Member Wooten, seconded by Council Member Rouse, to DEFER TO
SEPTEMBER 7, 2021,Application of CITY OF VIRGINIA BEACH—Ordinance re Short Term Rentals
(City Council Alternatives):
c. AMEND Sections 401, 501, 601, 901, 1110, 1125, 1501, 1521, 1531 and 2203
of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based
Code re requirements and use of Short Term Rentals and Overlays(Requested
by Vice Mayor Wood and Council Member Tower)
d. AMEND Section 241.2 of the CZO re Short Term Rentals and ESTABLISH
additional safety requirements(Requested by Vice Mayor Wood and Council
Member Tower)
e. ADD Article 23, and ESTABLISH Consisting of Sections 2300-2303, (Short
Term Rental Overlay Districts) to the CZO regulations and requirements re
Short Term Rentals in Each Overlay District(Requested by Vice Mayor Wood
and Council Members Tower and Wilson)
f ESTABLISH Transition Rules for the review of Conditional Use Permits re
Short Term Rentals (Requested by Vice Mayor Wood and Council Member
Jones)
Voting: 4-5 (MOTION FAILED DUE TO A NEGATIVE VOTE)
Council Members Voting Aye:
Mayor Robert M. Dyer,Aaron R. Rouse, Rosemary Wilson and Sabrina
D. Wooten
Council Members Voting Nay:
Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower and
Vice Mayor James L. Wood
Council Members Absent:
Michael F. Berlucchi
July 13, 2021
54
ITEM—VII-H.21 c/e/f
TABLED ITEM
ITEM#71831
(Continued)
Upon motion by Council Member Moss, seconded by Council Member Jones, City Council ADOPTED
Application of CITY OF VIRGINIA BEACH — Ordinance re Short Term Rentals (City Council
Alternatives):
c. AMEND Sections 401, 501, 601, 901, 1110, 1125, 1501, 1521, 1531 and 2203
of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based
Code re requirements and use of Short Term Rentals and Overlays(Requested
by Vice Mayor Wood and Council Member Tower)
e. ADD Article 23, and ESTABLISH Consisting of Sections 2300-2303, (Short
Term Rental Overlay Districts) to the CZO regulations and requirements re
Short Term Rentals in Each Overlay District(Requested by Vice Mayor Wood
and Council Members Tower and Wilson)
f ESTABLISH Transition Rules for the review of Conditional Use Permits re
Short Term Rentals (Requested by Vice Mayor Wood and Council Member
Jones)
Voting: 5-4
Council Members Voting Aye:
Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower and
Vice Mayor James L. Wood
Council Members Voting Nay:
Mayor Robert M. Dyer, Aaron R. Rouse, Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
Michael F. Berlucchi
July 13, 2021
1 AN ORDINANCE TO AMEND SECTIONS 401 , 501 , 601,
2 901, 1110, 1125, 1501, 1521, 1531 AND 2203 OF THE CITY
3 ZONING ORDINANCE AND SECTION 5.2 OF THE
4 OCEANFRONT RESORT DISTRICT FORM-BASED CODE
5 PERTAINING TO THE REQUIREMENTS AND USE OF
6 SHORT TERM RENTALS AND OVERLAYS
7
8 Sections Amended: City Zoning Ordinance Sections 401 ,
9 501, 601, 901 , 1110, 1125, 1501 , 1521, 1531 and 2203 and
10 Oceanfront Resort District Form-Based Code Section 5.2
11
12 WHEREAS, the public necessity, convenience, general welfare and good zoning
13 practice so require;
14
15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA:
17
18 That Sections 401, 501 , 601, 901, 1110, 1125, 1501, 1521 , 1531 and 2203 of the
19 City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based
20 Code are hereby amended and reordained, to read as follows:
21
22 ARTICLE 4. - AGRICULTURAL DISTRICTS
23
24 Sec. 401. Use regulations.
25
26 (a) Principal and conditional uses. The following chart lists those uses permitted
27 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the
28 respective agricultural districts shall be permitted as either principal uses indicated by a
29 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X"
30 shall be prohibited in the respective districts. No uses or structures other than as
31 specified shall be permitted.
32
Use AG- AG-
1 2
Short term rental G-X G-X
Short term rental within the Sandbridge Special Service Districts* meeting all P P
of the requirements of Section 241 .2
Short term rental within an STR Overlay District, meeting all of the P-C P-C
requirements of Section 241.2 and, where applicable, Section 2303
33
34 ARTICLE 5. RESIDENTIAL DISTRICTS.
35
36
37
38 Sec. 501. Use regulations.
39
40 (a) Principal and conditional uses. The following chart lists those uses permitted
41 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the
42 respective residential districts shall be permitted as either principal uses indicated by a
43 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X"
44 shall be prohibited in the respective districts. No uses or structures other than as
45 specified shall be permitted.
46
R- R- R- R- R- R- R- R- R- R-
Use 40 30 20 15 10 . 7.5 5D 5R 5S 2.5
Short term rental CC GCGC GGG G
X X X X X X X X X X
Short term rental within the Sandbridge
Special Service District* meeting all of the P P P P P P PPP P
requirements of Section 241.2
Short term rental within an STR Overlay
District, meeting all of the requirements of RPPRP P PR P P
Section 241.2 and, where applicable, CCCCCC CCCC
Section 2303
47
48 . . . .
49
50 ARTICLE 6. - APARTMENT DISTRICTS
51
52 . . . .
53
2
54 Sec. 601. - Use regulations.
55
56 (a) Principal and conditional uses. The following chart lists those uses permitted
57 within the A-12 through A-36 Apartment Districts. Those uses and structures in the
58 respective apartment districts shall be permitted as either principal uses indicated by a
59 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X"
60 shall be prohibited in the respective districts. No uses or structures other than as
61 specified shall be permitted.
62
Use A- ! A- A- A
12 18 24 36
G
Short term rental GCG
X XIX X
Short term rental within the Sandbridge Special Service District,*
meeting all of the requirements of Section 241 .2 PPPP
Short term rental within an STR Overlay District, meeting all of the P P P P
requirements of Section 241.2 and, where applicable, Section 2303 CCCC
63
64
65 ARTICLE 9. - BUSINESS DISTRICTS
66
67 . . . .
68
69 Sec. 901. - Use regulations.
70
71 (a) Principal and conditional uses. The following chart lists those uses permitted
72 within the B-1 through B-4K Business Districts. Those uses and structures in the
73 respective business districts shall be permitted as either principal uses indicated by a
74 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X"
75 shall be prohibited in the respective districts. No uses or structures other than as
76 specified shall be permitted.
77
B- B- B- B- B- B- B-
Use 1 1A 2 3 4 4C 4K
Short term rental X X X X 6 S O
X X X
3
Short term rental within the Sandbridge Special Service PPPPPP P
District* meeting all of the requirements of Section 241.2
Short term rental within an STR Overlay District, meeting p
all of the requirements of Section 241 .2 and, where X X X X C C C
applicable, Section 2303 — — —
78
79 ARTICLE 11. - PLANNED DEVELOPMENT DISTRICTS
80
81 Sec. 1110. - Land use regulation.
82
83
84
85 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an
86 A-12 Apartment District other than hospitals and sanitariums, together with the
87 following enumerated uses and structures, shall be permitted:
88
89 (1) Fraternity and sorority houses, student dormitories and student centers;
90
91 (2) Housing for seniors and disabled persons, with a conditional use permit;
92
93 (3) Marinas;
94
95 (4) Private clubs or social centers provided that clubs where conduct of commercial
96 affairs is a principal activity shall not be permitted; aid
97
98 (5) Residential care for seniors, provided that no more than two (2) employees
99 including a bona fide resident of the dwelling shall be permitted; and
100
101 (6) Home sharing meeting the requirements of section 209.6.
102
103 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses:
104
105 (1) Communication towers;
106
107 (2) Family day-care homes;
108
109 (3) Group homes;
110
111 (4) Kennels, residential;
112
113 (5) Religious uses;
114
115 (6) Wind energy conversion systems, free standing and roof-mounted; and
4
116
117 (7) Home-based wildlife rehabilitation facilities, provided that the principal
118 structure is a single-family dwelling and the lot is greater than two thousand
119 five hundred (2,500) square feet. and
120
121 (8) Short term rental.
122
123 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT
124
125 . . . .
126
127 Sec. 1125. - Allowed uses.
128
129 Within the PD-H2 District, only the following uses and structures shall be permitted:
130
131 (a) Principal uses and structures.
132
133 (1) Dwelling units of the types specified in the land use plan;
134
135 (2) Public buildings, structures, and other public uses;
136
137 (3) Recreational facilities of the type described in the plan;
138
139 (4) Child care education centers, in connection with public or private
140 elementary schools or churches, provided that such uses shall not be
141 eligible for residential density credit;
142
143 (5) Day-care centers, provided that such uses shall not be eligible for
144 residential density credit;
145
146 (6) Public utilities installations and substations; provided offices or storage or
147 maintenance facilities shall not be permitted; and provided, further, that
148 utilities substations, other than individual transformers, shall be surrounded
149 by a wall, solid except for entrances and exits, or by a fence with a
150 screening hedge five (5) to six (6) feet in height; and provided also,
151 transformer vaults for underground utilities and like uses shall require only
152 a landscaped screening hedge, solid except for access opening; a ►d
153
154 (7) Home sharing meeting the requirements of section 209.6; and
155
156 (c) Conditional uses.
157
158 (1) Religious uses, provided that such use shall not be eligible for residential
159 density credit;
160
161 (2) Family day-care homes; foster homes and group homes, provided that such
162 uses shall not be eligible for residential density credit;
5
163
164 (3) Home occupations; and
165
166 (4) Housing for seniors and disabled persons..-; and
167
168 (5) Short term rental;
169
170 (6) Short term rental within a STR Overlay District meeting all of the
171 requirements of Section 241.2 and, where applicable, Section 2303.
172
173 . . . .
174
175 C. RT-1 RESORT TOURIST DISTRICT
176
177 . . . .
178
179 Sec. 1501. Use regulations.
180
181 (a) The following chart lists those uses permitted within the RT-1 Resort Tourist
182 District as either principal uses, as indicated by a "P" or as conditional uses, as
183 indicated by a "C." Conditional uses shall be subject to the provisions of Part C of
184 Article 2 (section 220 et seq.). No uses or structures other than those specified
185 shall be permitted. All uses, whether principal or conditional, should to the
186 greatest extent possible adhere to the provisions of the Oceanfront Resort Area
187 Design Guidelines.
188
Use RT-1
Short term rental X
Short term rental within an STR Overlay District, meetinq all of
the requirements of Section 241 .2 and, where applicable, Section 2303
189
190 . . . .
191
192 C. RT-3 RESORT TOURIST DISTRICT
193
194 . . . .
195
196 Sec. 1521. Use regulations.
197
6
198 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District
199 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a
200 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section
201 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings,
202 buildings within the RT-3 District may include any principal or conditional uses in
203 combination with any other principal or conditional use. No uses or structures other than
204 those specified shall be permitted. All uses, whether principal or conditional, should to
205 the greatest extent possible adhere to the provisions of the Special Area Design
206 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive
207 Plan.
Use RT-3
Short term rental C X
Short term rental within an STR Overlay District, meeting all of C
the requirements of Section 241.2 and, where applicable, Section 2303
208
209 . . . .
210
211 C. RT-4 RESORT TOURIST DISTRICT
212
213
214 Sec. 1531. Use regulations.
215
216 (a) Principal uses and structure:
217
218
219 (5) Short term rental within an STR Overlay District, meeting all of the
220 requirements of Section 241 .2 and, where applicable, Section 2303
221
222
223 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT
224
225 . . . .
226
227 B. - DEVELOPMENT REGULATIONS
228
229 . . . .
230
231 Sec. 2203. - Use regulations.
7
232
233 (a) The following chart lists those uses permitted within the Central Business Core
234 District. Uses and structures shall be allowed either as principal uses, indicated by a
235 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X"
236 shall be prohibited, unless allowed by special exception for Alternative Compliance
237 pursuant to Section 2205. No uses or structures other than as specified herein or as
238 allowed pursuant to subsection (b) shall be permitted.
239
Use District
CBC
Short term rental 6 X
Short term rental within an STR Overlay District, meeting all of the P-C
requirements of Section 241.2 and, where applicable, Section 2303
240
241 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE
242
243
244
245 Sec. 5.2. Permitted Use Table.
246
MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC
BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING
Ground Upper Ground All Ground Upper Use Standard
USE Floor Floors Floor Floors Floor Floors All Floors All Floors /Notes
LODGING
Short term rental — G — -- -- G-- C-- C-- -- See Sec.241.2
Short term rental C C C C See,Sec.241.2
within an STR and 2303(c).
overlay District
meeting the
requirements of
section 241.2 and,
where applicable
Section 2303
Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day
of ,Tiny , 2021.
8
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
J; ,_
Planning epartment City Attorney's Office
CA15115
R-6
June 24, 2021
9
AN ORDINANCE TO ADD ARTICLE 23, CONSISTING OF SECTIONS 2300
THROUGH 2303, (SHORT TERM RENTAL OVERLAY DISTRICTS) TO THE CITY
ZONING ORDINANCE ESTABLISHING REGULATIONS AND REQUIREMENTS
PERTAINING TO SHORT TERM RENTALS IN EACH OVERLAY DISTRICT
1
2 Sections Added: City Zoning Ordinance Sections
3 2300 - 2303
4
5 WHEREAS, the public necessity, convenience, general welfare and good zoning
6 practice so require;
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Article 23 of the City Zoning Ordinance, consisting of Sections 2300 through
12 2303, is hereby added and ordained to read as follows:
13
14 ARTICLE 23. SHORT TERM RENTAL OVERLAY DISTRICTS
15
16 Sec. 2300. Findings; intent.
17
18 The Virginia General Assembly has directed that short term rentals shall be
19 permitted as a principal use in the area defined as the Sandbridge Special Service
20 District. The provisions of this Article allow short term rentals, with appropriate
21 restrictions, only in those areas directed by the General Assembly and/or in such other
22 areas in which a neighborhood requests a STR Overlay and where short term rentals
23 may be carried on without adversely affecting the quiet enjoyment of neighboring
24 properties.
25 Sec. 2301. District boundaries.
26
27 cp_) The Short Term Rental Overlay Districts boundaries shall be as
28 designated on the official zoning map of the city (STR).
29 Any part of the City may petition the City Council for an overlay to be
30 created if the identified community is able to gather the signatures of seventy-five (75)
31 percent of the owners of the properties in the community. Only one (1) signature per
32 property may be counted. Such communities shall be pre-existing, and any new
33 community boundaries may not be created for the purpose of meeting the requirements
34 of this section for creation of a short term rental overlay.
35
36 Sec. 2302. Application of regulations.
37
38 The designation of any property as lying within a Short Term Rental Overlay
39 District shall be in addition to, and not in lieu of, the underlying zoning district
40 classification of such property, such that any property situated in a Short Term Rental
41 Overlay District shall also lie within one or more of the zoning districts enumerated in
42 Section 102(a) of this ordinance. All such property shall be subject to the requirements
43 of this Article as well as to all other regulations applicable to it, and to the extent that
44 any provision of this Article conflicts with any other ordinance or regulation, the
45 provision of this Article shall control.
46
47 Sec. 2303. Use regulations.
48
49 (a) Subject to general requirements and to the regulations of the underlying
50 zoning district, all uses and structures permitted as principal, conditional or accessory
51 uses in the underlying zoning district in which they are located shall be so designated
52 peFmifted within the Short Term Rental Overlay Districts.
53
54 (b) Short term rental overlay
55 a. Short term rentals in a STR Overlay District shall be in compliance
56 with the requirements of Section 241 .2 as modified as follows:
57
58 i. Add to condition (1): Parking spaces created to comply with
59 this condition shall not add additional impervious area to the
60 site. Area within a residential garage may be used for no more
61 than one (1 ) required space provided the available area within
62 the garage meets the dimensional requirements of this
63 ordinance. used for required parking. Driveway area located
64 within the city right of way may be utilized to meet the parking
65 requirement provided there is no traffic impact and the location
66 of the parking space does not block vehicular traffic or an
67 existing sidewalk.
68 ii. Add to condition (1): There are certain condominium properties
69 that have historically operated as short term lodging units and
70 have not experienced any inconvenience to guests or the
71 surrounding area without the required one (1) parking space
72 per bedroom. Further, such properties are unable to provide
73 the required parking on-site. For these condominium
74 properties, the zoning administrator may, at his discretion,
2
75 require one (1) parking space per dwelling unit similar to the
76 requirement for lodging uses in the Oceanfront Resort District
77 Form Bases Code (ORDFBC). Such properties must provide
78 written evidence of their past use and the Zoning Administrator
79 shall find that there is no public inconvenience with the current
80 parking design.
81 iii. Replacing condition (2): No events associated with the short
82 term rental shall be permitted with more than the allowed
83 number of people who may stay overnight (number of
84 bedrooms times two (2)) on the property where the short term
85 rental is located. This short term rental may not request or
86 obtain a Special Event Permit under City Code Section 4-1.
87 +v, Replacing condition (3): The owner or operator must provide
88 the name and telephone number of a responsible person, who
89 may be the owner, operator or agent, who is available to be
90 contacted and to address conditions occurring at the short term
91 rental within thirty (30) minutes and to be physically present at
92 the short term rental within one (1) hour.
93 v. Replacing condition (8): A short term rental shall have no
94 more than one (1) contract for every seven (7) consecutive
95 days,
96 vi. Replacing condition (11): The maximum number of persons on
97 the property after 11:00 p.m. and before 7:00 a.m. ("Overnight
98 Lodgers") shall be two (2) individuals per bedroom, which
99 number shall not include minors under the age of 16, provided
100 that in no case may the total number of persons staying
101 overnight at the property exceed the number of approved
102 bedrooms multiplied by three (3).
103 vii. For properties located within the boundaries of the Residential
104 Parking Permit Program (RPPP), while the short term rental
105 use is active, parking passes issued for the subject dwelling
106 unit(s) through the (RPPP4shall be limited to two resident
107 passes only. Guest and temporary passes through the RPPP
108 shall not be permitted.
109
110 (c) The use regulations of this section shall not apply to short term
111 rentals within a Short Term Rental Overlay District that were
112 grandfathered at the time of adoption of the short term rental
113 ordinance, which properties shall be subject exclusively to the
114 provisions of section 241 .2. The use regulations of this section
115 shall also not apply to short term rentals within a Short Term
116 Rental Overlay District that are operating under the provisions of
3
117 a conditional use permit, which properties are governed by the
118 provisions of section 241 .2 and the conditions of the permit.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day
of July , 2021.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
iL/ 2L
Planning eparrment City Attorney's Office
CA15116
R-15
July 8, 2021
4
1 AN ORDINANCE ESTABLISHING TRANSITION RULES
2 FOR THE REVIEW OF CONDITIONAL USE PERMITS FOR
3 SHORT TERM RENTALS
4
5 WHEREAS, the public necessity, convenience, general welfare and good zoning
6 practice so require;
7
8 WHEREAS, the City Council has referred to the Planning Commission ordinances
9 creating the West Shore Drive Short Term Rental Overlay, East Shore Drive Short Term
10 Rental Overlay, North End Short Term Rental Overlay and Oceanfront Resort Short Term
11 Rental Overlay and providing new regulations that would be applicable to a short term
12 rental use within those overlays; and
13
14 WHEREAS, the referred ordinances would allow the short term rental use only in
15 those areas mandated by the General Assembly and in Short Term Rental Overlays;
16
17 WHEREAS, the short term rental use would no longer be authorized through the
18 granting of a conditional use permit if the referred ordinances are adopted; and
19
20 WHEREAS, it is the sense of the City Council that special transition rules should
21 be adopted to govern applications for conditional use permits for short term rentals that
22 are filed but not approved prior to the referral date of the Ordinances.
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
27 Any application for a conditional use permit for a short term rental accepted
28 prior to the date of referral shall be processed based upon the law existing at the
29 time of submission. Any application accepted after the date of referral shall be
30 considered based upon the law applicable at the time of City Council consideration.
31 No application shall be unnecessarily delayed.
32
33 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
34 BEACH, VIRGINIA:
35
36 That nothing in this ordinance shall be construed to affect any vested rights which
37 existed as of the effective date of the Ordinance.
38
Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day
of July , 2021 .
APPROVED AS T CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
-ipthle)
,J:.
Planning De artment City Attorney's ice
CA15137
R-3
September 4, 2020
2
55
ITEM—VII-H.21 d
TABLED ITEM
ITEM#71831
(Continued)
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council DEFERRED TO
SEPTEMBER 7,2021, Application of CITY OF VIRGINIA BEACH—Ordinance re Short Term Rentals
(City Council Alternatives):
d. AMEND Section 241.2 of the CZO re Short Term Rentals and
ESTABLISH additional safety requirements (Requested by Vice Mayor
Wood and Council Member Tower)
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
56
ITEM—VIM
UNFINISHED BUSINESS
ITEM#71832
Council Member Moss advised he supports Short Term Rentals in the Oceanfront Resort area and
expressed he would like to ask the Body if the two Ordinances that were denied last week, could be
reconsidered.
Council Member Moss then made a motion, seconded by Council Member Tower, to reconsider the
Application of CITY OF VIRGINIA BEACH — Ordinance re Short Term Rentals (City Council
Alternatives) on SEPTEMBER 7,2021:
a. AMEND City Zoning Ordinance (CZO) Section 102 re ESTABLISH Short
Term Rental Overlay Districts-North End and Oceanfront Resort(Requested
by Vice Mayor Wood and Council Member Tower)
b. AMEND the Official Zoning Map by the Designation and incorporation of
property into Short Term Rental Overlay Districts-North End and Oceanfront
Resort District (Requested by Vice Mayor Wood and Council Member
Tower)
Voting: 6-3
Council Members Voting Aye:
Mayor Robert M. Dyer, Louis R. Jones, John D. Moss, Guy K. Tower,
Rosemary Wilson and Vice Mayor James L. Wood
Council Members Voting Nay:
Barbara M. Henley,Aaron R. Rouse and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
July 13, 2021
57
ITEM VII-I.
APPOINTMENTS
ITEM#71833
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
APPOINTMENTS
2040 VISION TO ACTION COMMUNITY COALITION
ARTS AND HUMANITIES COMMISSION
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
CHESAPEAKE BAY PRESERVATION AREA BOARD
CLEAN COMMUNITY COMMISSION
COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE
DEVELOPMENT AUTHORITY
GREEN RIBBON COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HISTORIC PRESERVATION COMMISSION
HOUSING ADVISORY BOARD
HUMAN RIGHTS COMMISSION
INVESTIGATION REVIEW PANEL
MINORITY BUSINESS COUNCIL
OCEANA LAND USE CONFORMITY COMMITTEE
OPEN SPACE ADVISORY COMMITTEE
PARKS AND RECREATION COMMISSION
PROCESS IMPROVEMENT STEERING COMMITTEE
PUBLIC LIBRARY BOARD
TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE
URBAN AGRICULTURE ADVISORY COMMITTEE
WETLANDS BOARD
July 13, 2021
58
ITEM VII-I.
APPOINTMENTS
ITEM#71834
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
JOSEPH BOVEE
Three year term 7/13/2021—6/30/2024
BAYFRONT ADVISORY COMMISSION
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
59
ITEM VII-I.
APPOINTMENTS
ITEM#71835
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
HUGH TIERNEY
(Parks and Recreation Liaison)
Three year term 9/1/2021 —8/31/2024
and
APPOINTED
RACHEL KANE-MCCASKELL
JAMES ROBERTS
Three year term 7/13/2021—6/30/2024
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
Voting.• 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
60
ITEM VII-I.
APPOINTMENTS
ITEM#71836
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
JAMES McCUNE
Unexpired thru 12/31/2021
Plus three year term 1/1/2022—12/31/2024
CHESAPEAKE BAY PRESERVATION AREA BOARD
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
61
ITEM VII-I.
APPOINTMENTS
ITEM#71837
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
KARLAA GREGORY
Unexpired thru 3/31/2023
DIANNA McDOWELL
Unexpired thru 3/31/2024
CLEAN COMMUNITY COMMISSION
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
62
ITEM VII-I.
APPOINTMENTS
ITEM#71838
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
ROBIN FOREMAN-WHEELER
(Hampton Roads Community Foundation)
CHERYL McLESKEY
(At-Large)
ROSEMARY WILSON
(Council Member)
Four year term 9/1/2021 —8/31/2024
COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
63
ITEM VII-I.
APPOINTMENTS
ITEM#71839
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
DAVID BERND
LISA MURPHY
Four year term 9/1/2021 —8/31/2025
DEVELOPMENT AUTHORITY
Voting: 8-1
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R.
Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood
and Sabrina D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Michael F. Berlucchi
July 13, 2021
64
ITEM VII-I.
APPOINTMENTS
ITEM#71840
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
HAROLD JONES
Unexpired thru 10/31/2021
Plus three year term 11/1/2021—10/31/2024
JORDYN LEWIS
PARKS SCHMIDT
(Student Members)
One year term 7/13/2021 —6/30/2022
GREEN RIBBON COMMITTEE
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
65
ITEM VII-I.
APPOINTMENTS
ITEM#71841
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
ERICA TERMINELLO
Unexpired thru 3/31/2023
HEALTH SERVICES ADVISORY BOARD
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
66
ITEM VII-I.
APPOINTMENTS
ITEM#71842
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
HEIDI DANIELS
Unexpired thru 8/31/2023
HEALTH SERVICES ADVISORY BOARD
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
67
ITEM VII-I.
APPOINTMENTS
ITEM#71843
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
ROBERT BEASLEY
WILLIAM HEARST
(Alternate Members)
Three year term 9/1/2021—8/31/2024
INVESTIGATION REVIEW PANEL
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
68
ITEM VII-I.
APPOINTMENTS
ITEM#71844
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
ROSEMARY WILSON
(Council Member)
Five year term 9/1/2021 —8/31/2026
OCEANA LAND USE CONFORMITY COMMITTEE
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
69
ITEM VII-L
APPOINTMENTS
ITEM#71845
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
PATRICIA DOLAN
(Centerville District 1))
JOSEPH MONACO
(At-Large)
HUGH TIERNEY
(Beach District 6)
Three year term 9/1/2021—8/31/2024
PARKS AND RECREATION COMMISSION
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
70
ITEM VII-L
APPOINTMENTS
ITEM#71846
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
JOSIE BUNI
Unexpired thru 8/31/2022
Plus four year term 9/1/2022—8/31/2026
PUBLIC LIBRARY BOARD
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
71
ITEM VII-I.
APPOINTMENTS
ITEM#718474
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
MELISSA HORAL
Unexpired thru 2/28/2022
Plus three year term 3/1/2022—2/28/2025
THOMAS L UCKMAN
Three year term 7/13/2021—6/30/2024
TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
72
ITEM VII-I.
APPOINTMENTS
ITEM#71848
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
JOASHUA SCHULMAN
Five year term 9/1/2021—8/31/2026
WETLANDS BOARD
Voting: 9-0
Council Members Voting Aye:
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:
Michael F. Berlucchi
July 13, 2021
73
ADJOURNMENT
ITEM#71849
Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 7:34 P.M.
(---- .
Terri H. elius-
Chief Deputy City Clerk
d a e M C Robert M. Dyer
City Clerk Mayor
City of Virginia Beach
Virginia
July 13, 2021