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HomeMy WebLinkAboutAUGUST 3, 2021 FORMAL SESSION MINUTES 1.011-4
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fO T0�VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 3, 2021
Vice Mayor James L. Wood called to order the CITY COUNCIL MEETING in City Council Chamber,
City Hall, on Tuesday,August 3, 2021, at 2:30 P.M
Council Members Present:
Michael F. Berlucchi, 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:
Mayor Robert M. Dyer—Arrived at 2:48 P.M
2
CITY MANAGER'S BRIEFINGS
LEGISLATIVE UPDATE—GENERAL ASSEMBLY SPECIAL SESSION
ITEM#71850
2:32 P.M.
Vice Mayor Wood welcomed Debra M. Bryan, Legislative Affairs Liaison, via WebEx. Mrs. Bryan
expressed her appreciation to City Council for their continued support and advised the General Assembly
Special Session II convened to consider the budget bill and allocate$4.3-Billion of the Federal Pandemic
Relief funding from the American Rescue Plan Act. Mrs. Bryan advised the bill was passed-by, Senators
were provided amendments to review and will be considered tomorrow at 10:00 A.M. Mrs. Bryan advised
the House will convene later this afternoon. Mrs.Bryan advised the major funding areas within the budget
bill are:
- Increase in broadband access
- Support of small business and tourism
- Paying for air quality improvements in public schools
- Boosting mental health and substance abuse treatment
- Backfilling the state's unemployment trust fund
- Protections against evictions and utility disconnections
Mrs.Bryan then introduced Senator DeSteph who expressed his appreciation to City Council for their work.
Vice Mayor Wood expressed his appreciation to Senator DeSteph and Mrs. Bryan for the briefing.
August 3, 2021
3
CITY MANAGER'S BRIEFINGS
FLOOD PROTECTION PROGRAM COMMUNICATIONS UPDATE
ITEM#71851
2:36 P.M.
Mayor Dyer welcomed Valerie Myers, Communications Office. Ms.Myers her appreciation to City Council
for their continued support:
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Flood Protection Program & Bond Referendum
Communications Campaign Implementation Plan
City Council Workshop 1 August 3, 2021 VB
A short video clip of"How the Ripple Effect affects you"was played to provide an example of what
citizens will see as part of the Communications Campaign:
How the RippleEffect affects you.
lif
Linkhorn Bay
Drainage Basin
VIRGINIA BEACH FLOOD PROTECTION PROGRAM C RippleEffect
August 3, 2021
4
CITY MANAGER'S BRIEFINGS
FLOOD PROTECTION PROGRAM COMMUNICATIONS UPDATE
ITEM#71851
(Continued)
The next four(4)slides provide an overview of the methods that will be used to inform the public of the
Bond Referendum:
Online
VBGOV WEBSITE: SOCIAL MEDIA:
• Headlines • Facebook
• FPP Webpage • Twitter
• Events Calendar • Instagram
• NextDoor
City Council Workshop I August 3.2021 Slide 3
Resident Databases
• PARKS & RECREATION
• LIBRARIES
• VB SCHOOLS
City Council Workshop I August 3,2021 Slide 4
August 3, 2021
5
CITY MANAGER'S BRIEFINGS
FLOOD PROTECTION PROGRAM COMMUNICATIONS UPDATE
ITEM#71851
(Continued)
Hard Copy Collateral
• BROCHURE
• POSTERS
• POSTCARD MAILER
• WATER BILL INSERT
City Council Workshop I August 3,2021 Slide 5
In Person
• COMMUNITY MEETINGS (Also virtual, including stakeholders)
• CIVIC LEAGUES
• CONDO & NEIGHBORHOOD ASSOCIATIONS
• POLICE CITIZENS ADVISORY COMMITTEES
City Council Workshop I August 3,2021 Slide 6
August 3, 2021
6
CITY MANAGER'S BRIEFINGS
FLOOD PROTECTION PROGRAM COMMUNICATIONS UPDATE
ITEM#71851
(Continued)
The next several slides provide the Communications Campaign schedule of events:
August 2021
I 2,011M: F IMAN 3111
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31
COMMUNITY MEDIA DAl OF
MTC-AUG35 EVENT
REMINDER
29 50 51
SIde 7
City Council Workshop I August 3,2021
Week Of Aug. 2
FOCUS: Campaign Launch
• Aug. 4
• VBGov Headline
• Social Media Posts
• Aug. 6
• City Manager's Update
• City Page E-Newsletter
City Council Workshop I August 3,2021 Slide 8
August 3, 2021
7
CITY MANAGER'S BRIEFINGS
FLOOD PROTECTION PROGRAM COMMUNICATIONS UPDATE
ITEM#71851
(Continued)
Week Of Aug. 9
FOCUS: Promote Aug. 25 Community Meeting
Aug. 10
• Social Media Posts
• Aug. 11
• News Release
• VBGov Headline
• Facebook Event
• City Manager's Update
• Social Media Posts
City Council Workshop I August 3,2021 Slide 9
Week Of Aug. 16
FOCUS: Promote Aug. 25 Community Meeting
Aug. 16
• Social Media Posts
• Aug. 20
• City Manager's Update
• City Page E-Newsletter
City Council Workshop I August 3,2021 Slide 10
August 3, 2021
8
CITY MANAGER'S BRIEFINGS
FLOOD PROTECTION PROGRAM COMMUNICATIONS UPDATE
ITEM#71851
(Continued)
Week Of Aug. 23
FOCUS: Promote Aug. 25 Community Meeting
Aug. 23
• Social Media Reminder Posts
• Aug. 25
• Social Media Day Of Event Reminders
City Council Workshop I August 3,2021 Slide 11
Sept. / Oct.
• WATER BILL INSERT (hits homes throughout Sept.)
• RESIDENT DATABASES
• ODU RESEARCH REPORT
• VB411
• COMMUNITY MEETINGS & OTHER PUBLIC OUTREACH
City Council Workshop I August 3,2021 Slide 12
August 3, 2021
9
CITY MANAGER'S BRIEFINGS
FLOOD PROTECTION PROGRAM COMMUNICATIONS UPDATE
ITEM#71851
(Continued)
The next two (2)slides provide an overview of the ODU Research Report:
ODU Research Report.,
._� . �...�
llid.
• Citywide impact of recurrent flooding and SLR from Sea
Level Wise Adaption Strategy and Norfolk-VB Joint Land
Use Study
• "Pay now or pay later" business case that includes a "do
nothing" analysis.
• Summary of public perceptions and preferences related to
flood adaption options
City Council Workshop I August 3.2021 Slide 14
ODU Research Report
• GIS overlay of flood protection projects
• Case studies of other locations relevant to what VB is doing
• Feedback on our approach
• (messaging, storytelling, toolkit, videos)
City Council Workshop I August 1 2021 Slide 15
August 3, 2021
10
CITY MANAGER'S BRIEFINGS
FLOOD PROTECTION PROGRAM COMMUNICATIONS UPDATE
ITEM#71851
(Continued)
The next four(4)slides are examples of the message that will be posted on social media:
Learn what you
t need to know
about the city's
• Flood Protection
/R Program bond
y referendum before
6.. casting your vote
this November.
0...)) theRippleEffect
www.VBgov.com/RippleEffect
LI> theRippleEffect
Learn about the plans to help protect our communities
from recurrent flooding.
www.VBgov.com/RippleEffect
August 3, 2021
11
CITY MANAGER'S BRIEFINGS
FLOOD PROTECTION PROGRAM COMMUNICATIONS UPDATE
ITEM#71851
(Continued)
theRippleEffect
Percentage of residents
polled who would be
willing to pay a 5 cent or
10 cent increase in their / OD/O
real estate tax rate to "t
fund the city's Flood
Protection Program.
www.VBgov.com/RippleEffect
am) theRippleEffect
Percentage of residents ,
polled who want to see
VB take action to protect 86%
our communities from vV
the risk of flooding
www.VBgov.com/RippleEffect
August 3, 2021
12
CITY MANAGER'S BRIEFINGS
FLOOD PROTECTION PROGRAM COMMUNICATIONS UPDATE
ITEM#71851
(Continued)
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Flood Protection Program & Bond Referendum
Communications Campaign Implementation Plan
City Council Workshop I August 3, 2021 VA 3
Mayor Dyer expressed his appreciation to Ms. Myers for the presentation.
August 3, 2021
13
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#71852
3:02 P.M.
Mayor Dyer welcomed Bobby Tajan,Director and Carolyn A.K. Smith,Planning Administrator—Planning
and Community Development. Mrs. Smith expressed her appreciation to City Council for their continued
support and distributed a copy of the presentation, attached hereto and made a part of the record.
August 3, 2021
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August 3rd & 17th City Council Meetings
Virginia Beach
SUMMARY — August 3rd
3 Planning items scheduled for City Council's consideration
1. Thomas A. Brown — Princess Anne District
• Subdivision Variance (Section 4.4(b & d) of the R soRt,voo`N.
Subdivision Regulations) •momas A.Brown
• Recommended for Approval by Planning Commission
& Staff
2. Thomas A. Brown — Princess Anne District W
• Subdivision Variance (Section 4.4(b & d) of the
Subdivision Regulations) •
w
• Recommended for Approval by Planning Commission
& Staff Princess Anna
L NO OF PROMISE
3. Bonney G. Bright Sand Company — Princess Anne
District
• Modification of Conditions ,,�NmoFRRY
• Recommended for Approval by Planning Commission
& Staff
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•Bonney G.Bright Sand Company
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Layout
i 10,000 .q_ ft:-
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• Deferred byCityCouncil in February2021 r
i� __". , �� Parcel 5
II M.—:. (1.02 acres)
• Subdivision Variance to reconfigure 2 lots — 1 improperly subdivided by deed, 1 20ftir e
legally established by plat .7twfferi
,
• No direct access to public street existing or proposed necessitating variance Parcel Proposed
\ �_ (1.19 acre Layout
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• 5 letters of opposition received noting concerns regarding tree removal & drainage r """; ,�� F' �,%_
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• Planning Commission recommends approval with additional condition for 20-foot '
wide tree buffer to remain
THOMAS A. BROWN ITEM 1
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• Subdivision Variance to reconfigure 2 lots �lR, ^�RI,E" ,
EXHIBIT
RESUB„,„,„ "al REST
• Both lots legally established totaling 1.44 acres THOMAS A.BROWN ! BROWN
• Request removes existing direct access to a Existing Layout Proposed Layout
public street for 1 parcel
• 1 letter of opposition noting concerns related to
density & impacts to natural resources
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THOMAS A. BROWN ,2.. ITEM 8
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d "', nduow ai M01P.imw ILA
• Borrow pit operation ongoing since 1970s =yew .O,a G ,..a.
• Recent Modification of Conditional Use Existing Borrow Pit Area Proposed Borrow Pit Expansion
Permit in 2020 to extend mining and
reclamation of pit to 2030 • Operating without incident and in compliance with State regulations
Current request to expand borrow pit by • No impacts to drinking water wells or salt intrusion into the aquifer
• reported
17.32 acres
8
BONNEY G. BRIGHT SAND COMPANY .� M, h ITEM 4
SUMMARY - August 17
18 Planning items scheduled for City Council's consideration
1. City Of Virginia Beach
• An Ordinance to amend Section 242.1 of the City
Zoning Ordinance to delete the requirements for Tattoo `De ignbyElanl,inc.
Parlors and Body Piercing Establishments not to be ..„,
located within six hundred (600) feet of another Tattoo 09,,'M°4°" J °44
r
Parlor or Body Piercing Establishment. $ says de Lynnnnaven
':'144.. •. H,,,N' Mtchduck Medical Associates,LLC
2. Virginia Beach Development Authority — Princess Anne ., "`w 7 • �r
;Winner's Pr6perties,LLC s:, "" Atlantic Park,Inc.
District Z N / tlantic Park,Inc.&City of Virglnla Beach
�� — —0 Wesley D.Boyd
• Modification of Proffers o,..
/' Komusvne 1 Cosmo',Coniar Inc.
• Recommended for Approval by Planning Commission ` s r \,b a , ,,,__.. �4 8..e� t / H.Martin Snead.III&Linda P.Snead
& Staff '"
/pose Hall Linda Cortez
3. Lynn-Lynne, LLC — Princess Anne District �` _____ �M _
• / Bias Properties Vlrginla�8each. Lynn-Lynne,LLC
•Conditional Change of Zoning (Conditional B-2 ,. \
�einhn e�/'�^-^`�y� i ;� °Yirginia Beach Development Authority
Community Business District to Conditional B-2 4 `�s,, S'"N,MMO
_r` Jeff Heltkamp
Community Business District (0.70-acre) & Conditional ,,,, KABPDevelopment.t.LLfr
I-1 Industrial District (0.52-acre)) f.„
• Recommended for Approval by Planning Commission ; PrincessAnne -;,
& Staff
4. H. Martin Snead, Ill & Linda P. Snead — Beach District .*Robert Nelson,etal.
• Street Closure S
• Recommended for Approval by Planning Commission •9
SUMMARY - August 17
18 Planning items scheduled for City Council's consideration
5. KABP Development, LLC — Princess Anne District
• Conditional Use Permit (Eating & Drinking r.
Establishment) Design byElenl,Inc.- -/'
•
• Recommended for Approval by Planning Commission /
& Staff s,
�N�°N .f
1�� Mrs�fC
7 6. Elias Properties Virginia Beach Independence, LLC — °`h" H�.� VNtehduek Medical Associates,LLC
Centerville District - """` 1 �`
;Winner's Prbpertles,LLC w --� "` Atlantic Park,Inc.
• Conditional Rezoning (B-1 Neighborhood Business to a, 5_" tlantic Park,Inc.&City of Virginia Beach
Conditional B-2 Community Business) 1 Rt,V/�MvVealy°'�yd fi �,
acmpsw(re \ v,y.! I Cosmo's Corner,Inc. 1
• Recommended for Approval by Planning Commission W"\/ •'� r e J H.Martin Snead,III&Linda P.Snead
& Staff 8 t ‹. Beach, '`
a R a'NCE.. a" a° s°
1, 4' nose r;,+:Unda Cortez
7, 8, & 9. Winner's Properties, LLC — Kempsville District ,` 1 F5aRO-r' _ MKEtk_
• Conditional Rezoning (A-12 Apartment & B-2 m. cenrerviue *Elias PropertiesVlrginla'Bea`h., Lynn-Lynne,LLC
Business Districts to Conditional B-2 Business District) r ," Virginia Beech Development Authority
Nvvo
"• Jeff Heltkamp
• Conditional Use Permit (Auto Storage Yard) 4°,h KABP Development,LLg
•
• Conditional Use Permit (Car Wash Facility) p2f5 °° o
• Recommended for Approval by Planning Commission Princess Anne .
& Denial by Staff i
Robert Nelson,et al.
• w
I I 10
SUMMARY - August 17
18 Planning items scheduled for City Council's consideration
10. Witchduck Medical Associates, LLC — Bayside District
• Conditional Rezoning (A-12 Apartment District to �t,,,��
Conditional 0-1 Office District) 4 Design by Mani,Inc _ _ -...
• Recommended for Approval by Planning Commission /
l 4NDRk
Q
& Staff "
7 -- ._
4 ,11. Design by Eleni, Inc. — Bayside District 7.
,--44, ,,ce WItchduck Medical Associates,LLC
• Change in Nonconformity 4,..,r "`Vv., • I •
• Recommended for Approval by Planning Commission aVNnneraPr6pertlea,LLC �1 �� -. Atlan&anic Park.ark
�+ ill 1lantic Park,Inc.8 City of Virginia Beach
& Staff vucmraa ice Wesley D.Boyd __ �1
4� Kemi,swile l �� --�' p�„„ Cosmos Cor fei hie.
W •,� a j H.Martin Snead III&Linda P.Snead
12. Atlantic Park, Inc. & City of Virginia Beach d ..._o�NDE„ce g aY4
Development Authority — Beach District , ,,N+r*Linda Cortez
• Street Closure ;" .l ` „
• L nnRecommended for Approval by Planning Commission 1 :9 ' ZM0
•ViirginiaBeachDeopmentAuthority
= Jeff Heitkamp
4°4r4, KABP Development,LLB
,i4i-4o •
13. Atlantic Park, Inc. — Beach District ,,, •
.
• Alternative Compliance Princess Aunt
• Recommended for Approval by Planning Commission
& Staff
Robert Nelson,et al.
•
k 11
NM'�'.k'`Fta"'�b4d��"r,°"off"'S "x " b"°u tr"s'+ ',J01/ w * ,„a m.s1> .,a,.aa`6+44
SUMMARY - August 17
18 Planning items scheduled for City Council's consideration
14. Wesley D. Boyd — Beach District
• Modification of Conditions (Tattoo Parlor)
/Th
• Recommended for Approval by Planning Commission 1 DDesignbyElenl,Inc.
& Staff / e�Rr
twos r.y�tl z
NP{¢Mn Mf. C
15. & 16. Robert Nelson, et al. — Princess Anne District 5.7 Bay stir
• Subdivision Variance (Section 4.4(b) of the w,,,J �.�° 1Mtchduck Medical Associates,LLC
Subdivision Regulations) "tMt •
;winner's
Pr p�ertles,LLC sxv, Atlantic Park,Inc.
• Floodplain Variance (Section 4.10 of the Floodplain a / y{r tlantic Park,Inc.&City ofVirglnlaBeach
IRGIMA EA6N_ $-'�
weslsy?D-BOyd
Ordinance) ;L •
/ Kemp song
• Recommended for Approval by Planning Commission ' `n"' �,��•-� "`A Cosmo'sCorner,lnc.
p H Martin Snead III&Linda P.Snead
ti4o Beach'', I
& Staff d Pwp„oEt,cE- a
!. ,..„.,_Pose Hail Linda Cortez
17. Jeff Heitkamp — Princess Anne District ;^ rM . �' _ G4M hEC
Elias Properties Vlr inIa.Beach.,
• Conditional Use Permit (Home Occupation — Retail ;�;ry,,e . ��? g LynnLynne,LLC
Sales (Firearms)) be`.`,C•na NMMO Vrginia Beach Development Authority
�_ a, Jeff Heltkamp
• Recommended for Approval by Planning Commission °ti�Qy KABP Development,LL'
•
& Staff A, 0.te
•
ilPrincess Antic
18. Cosmots Corner, Inc. — Beach District
• Modification of Conditions (Commercial Kennel)
• Recommended for Approval by Planning Commission *Robert Nelson,et al.
& Staff
12
1
CITY OF VIRGINIA BEACH ITEM
An Ordinance to amend Section 242. 1 of the City Zoning Ordinance to
delete the requirements for Tattoo Parlors and Body Piercing
Establishments not to be located within six hundred (600) feet of
another Tattoo Parlor or Body Piercing Establishment.
13
ITEMS
VIRGINIA BEACH DEVELOPMENT AUTHORITY & LYNN-
LYN N E, LLC
2 & 3
Council District: Princess Anne
Location: 1941 General Booth Boulevard & portion of Corporate Landing
Business Park y
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. ✓/f- ' .,si, M `,. ; B/a, ., �tol l if, /�J• yr './ s,r ''v i y�'�,•-'"`. i'o 6'-'0/ :S Roo:1 . -' r , WWI ,.•
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MODIFICATION OF PROFFERS & CONDITIONAL CHANGE OF ZONING
(Conditional B-2 Community Business to Conditional B-2 Community Business & Conditional 1)
Staff recommends Approval 14
Planning Commission voted 8 to 0 to - - - A
o
° 4' 54-«CM
Conditional Rezoning Proposed
=I 1-Story
/ ,.M request to combine -•--" --R• Warehouse
.»tu reams s.•./'Mt..LOCI, 1 1 ,_f_I .
a.,,e« .,- •
properties for +LL-"- v property Line
lip
Exlatingbudding ro Be vacated -"MA P.
vvvvv • expansion of i -T�-
_ � AREA B. 4. 7vvvvv -. a.1 ��1iE��� o appliance sales & =r 4' " .. 0
•4.• �,.; a*: v v v v v • .
_„��• v v v v v v service operation -.4--
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rola«u tooxvsaavurw aec o -- t
OM„A PC tin v / �, • 1-story 5,600 square N
r (NJ!MST tuun.ma+rw (PrMhgmLyaDt»,1r�udten °
rmwu/ew r-q V �/ V"1131.7 �•• I �j
_�, x•,..s , _ foot warehouse �� �' __ a
,.n A�REAWc .U U j'V�e w '� d..rrr.--mow ? .•hi...
proposed
"— % • • • Proposed building --_ - --- -----!•^^""^'— ------ --
liCSNS'JC!OSCq." vi1 ..4 MtY/P n; • • -�-V• --
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GENERAL BOOTH BLVD - Existing Vehicular � General Booth Boulevard
(MWI(POM. .PC•J designed with Ingress+'Egress To Remain
ne:n,n eq OM 10. „II.[ y
me art.Pu Ji) a
residential scale and
• Modification of Proffers removes faux windows along
Areas A & B from Corporate General Booth -
2t- ''. ' ' \ ..,.' [,
•
Landing Business Park boundary Boulevard j
i1 1 -
fir
• Areas A & B combined with • Existing building to ~ ---J a, �� `� "' `�"rm a
Area C to create 1 parcel remain _...
Dr.Johnny's Appliances
East Elevation 09/04/2019 lJH
15
VIRGINIA BEACH DEVELOPMENT AUTHORITY & LYNN-LYN ITEMS 2 & 3
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t "` 141p"' SUSANS MARTIN VIRGINIAK MA%WELL
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WILLIAM J CASHMAN.JR Al AN ARNOLD TAN I IM
TRUST 3 AND JUDY V.LIM
aflTR NO.05I2190OA315A 5.000 SF rv6ip NO 2o12o21smoterceo
= 01148AC
ORN 20635 ae.e 4 H MARTIN SNEAD.III 8 , OPIN 2.-V.O S
R LINDA P SNEAD 'I
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DC 9421537.851,.
• Street Closure request to close half of the 15-foot-
wide alley behind the applicant's property in the - — N"'"'•
VI MOW \R:.
C r o a t a n neighborhood VANDERBILT AVENUE(80')
VonnEIav PAfe1G AVOWS/
• Viewers determined no public inconvenience EXHIBIT SHOWING
Portion M 15 Alley•tlj•Onl to Lot 3.
DKTA•Gociates � �a*I�CroalaO +,.roeaaosaa
L No •u av c row• . i Il ti `Z11 IM ex.Pn
• Public drainage easement to be retained over
5,9ol.retc.MNo.. Porn 2071
Po,H.Mann•nea•.G
closed right-of-way : 10 - Korea Sao ros
�M..N,.w 22~, I.w
DItt0.m.rmn us(x00 `•� .,f Roo*e.^ Ot sow..., 1 J 1 ,
17
H. MARTIN SNEAD, III & LINDA P. SNEAD ITEM 4
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-
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wellness center r . ; j-` —a.— -- - ---1! ,
• 10% floor area requirement met for principal = . s i ,:. _-,__ : ,4' -
use in the 0-2 Office District .7 , .7 a
• Parking on-site exceeded by 24 spaces ='Ir"' '
19
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VIRGINIA BEACH,VA. mi me It :
Dollar Tree-Former Rite Ald :
CELIREAToRS To REM..
F WM`,•.D:121 i
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• Request conditional rezoning from Conditional B-1 • New vehicular access along Round Hill Drive
Neighborhood Business to Conditional B-2 Community
•Business Objectional uses allowed in the B-2 proffered out that are
incompatible with nearby residences
• Propose a retail store (Dollar Tree) in vacant building on
site
• No major changes to building or site layout proposed
21
ELIAS PROPERTIES VIRGINIA BEACH INDEPENDENCE, LLC ITEM 6
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• Request Conditional Rezoning from A-12 & B-2 to Conditional B-2 & .. `�
, :
Conditional Use Permits for an Auto Storage Yard & Car Wash Facility "�, ,''1
• Phase I - Auto Storage Yard Phase II - 4,256 sf Car Wash Facility _ .
• 1 letter of support from adjacent developer, 1 letter of opposition & 2 speakers in opposition
• Planning Commission recommendation for approval includes relocation of car wash to the south,
deletion of Condition 8 that requires vacation of interior lot lines
23
WINNER'S PROPERTIES, LLC
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\ I� . 37.6' :.;:.. 9AIL11 V t23' 2
• Existing single-story office building with 5 office suites in use \-=
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since 1970s A , .•—
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L.B8.32
• As proffered, only office-type uses permitted N. N77tlDUGW ROAD(VAR. IN07H RAW)
• Deviation to required screening proposed: 6-foot privacy fence
rather than a 10-foot wide buffer with Category I plants -,,,,- � 25
WITCHDUCK MEDICAL ASSOCIATES, LLC ITEM 10
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LOT 18A-1
LOT 2; BLOCK 2 I (IN. 20170510000389390)
ewaie c« :TAnira•`r .e.r.a,.c«on *r t~ (M.B. 8,PC. 82) I ..^O°1S D 77. °F t.II' PROPFRTI COR7lE1t
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_...9�11` NORTHERN
''' '' '' ill, +*ar Ill 1' - En 03.0'OF LOT TERN Ta:Go.
PROPOSED
,y, LOFCREIf AI170^\,,1?� ^� �/�^CONCRETE PA770
- ! FLOOR &Ind �`._• ?O00' ?0.00'I , _ WC.0 nira s Ind
1 e '�✓
N 11514 1 V 1 Nq . 'Pi; r AV FLOOR axxs� . 1w aacR vecws
XIMIROIRRII m1CClmml -At. : OUENNCA°FONEE -/?.7'D'- 9.00AdrAI 5lSEG tl /�! MIME nJ .. 2W: ti :: - NW } LOT 1B g u DUPLEX EX O
LCCK
(M.B. t17. PG. 13) � �fa9Z O
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a
R g I REMAINDER OF LOT 19
s ,. ,u • ,.,,,;,, .. �.:,.,• (M.8 8. PC. 82)
�/ 70.00. ?O.00'
PROPOSED O FLOOR DEC PGRCH, (i — PROPOSED O 1st FLOOR PORCH,
.. .. .. ..., .��, .. 2nd FLOOR DECK!SPY U 2 d FLOOR DECK&Ad
. .- FLOOR OECK/LIMG AREA FLOOR OECK/LMFC ARGI
24'SPOT-RNL'EKE--�f-
PROPOSED ';
• Request to redevelop 1950s duplex with a 2,500 sf 0.3L'O�TvxR • F'ROPOSED CONCAVE
CONCRETE' CONCAVE h
ORM1�'MaY ORArE1WY
24'SPti1-qRL FENCE (?SPACES) (2 SPACES)
duplex in the Chesapeake Beach neighborhood °.22 OUTSIDERS N �z39
PM `� _x_
L-.. - ,--,
• Coastal-inspired architecture with architectural 7'--
f 5F,PqROAED 5'
roof shingles, fiber cement siding, black metal roof, `" "`
C SI ENNU( SEA VIEW AVENUE ,AEG G,ARa
vinyl windows (70'R/W) (MB. 787, P. 43) a GU77ER
• Results in building's setbacks and height, lot
coverage, and on-site parking in compliance with • Bayfront Advisory Commission, 2 adjacent property owners
current standards of R-10 Residential District all supportive
27
DESIGN BY ELENI, INC .,T ITEM 11
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_ -_i .....:�,. '.....,,�- -�e
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y�X� 53 a c a o=__� _��i 18TH STREET(80'RNV) T 1 c-,
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a i•gI /, 53' wide remaining right-of-way I �¢ go ALK. INCOPORATED
2427-17-4225
• 18th Street exists as 80-foot wide, z '� NORTH DEVELOP (58' above ground) I.',.' (M.B. 1, PG. 20)
' 2427-17-0169 DEVELOPMENT AUTHORITY (D.B. 738, PG. 131)
larger than width of similar streets at o . (IN. (DEED) 20190212000114390) 2427-17-2254 n�
53 I IN. 2020001055491 I (IN. (DEED) 202000117554) I
the oceanfront IIN. 20200097038• Request to close 22 feet above & rp
�eyr
� _ _ _ _ _ _ _® �� fs
below ground & additional 5 feet I gh NY, 0� MICHAEL J.NSTANDING & N/F 1-- ; v 0
belowground HELLEN V. STANDING I COURTNEY ENTERPRISES, LLC r r, x
yL� '1 I (M.B. 26, PG. 52) gay 1L) ,o m I (IN. (DEED)220200618000524500) (IN. 200508120127664) I C+ o
r§� 0
�: 1 2427-17-2099 .�F
• Remaining 58 feet of above-ground g = o I „ s '4 1 l��
ROW sufficient to accommodate full
streetscape improvements
29
ATLANTIC PARK, INC & CITY OF VIRGINIA BEACH DEVELOPMENT AUT = ITEM 12
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• Request for Alternative Atlantic Park - Conceptual Massing Gensler VENTUR= 06/16/2021
Compliance for maximum ""u'
building height, building Y Nw
Northwest Garage
setbacks, building types, and MultlfamilyResenllal"--�
1�111
ld
conditional uses
Commercial
'rlertalnment
• Proposal for 2 mixed-use Aienue , 0
buildings with residential, i3a"-IG
commercial, structured tip �
parking, indoor/outdoor - ' "` �R Event Lawn
entertainment venue, outdoor Retail PaNP 9 ;,__ "1' . rth
"Surf Park" P<ct'c : "' ' ' . I - Multi/amity Residential
Retail
�y..t-� B .' Commercial
• General concept specifically . k. -North Garage
referenced in RASAP 2030 1,, Surf Park Lagoon � �. phi 'k'k�'
Surf Block "��
• Project meets all Review 91AOperations @ �+ a
Standards for Alternative 1
N...:4d Retan
Compliance in the Oceanfront ���
Form-Based Code
Future Development (P
ef . �° �, ®®C .
111
• Ay".:;- -'''� Surf Park Meeheall Area
6 recommended conditions cow
address roadway ,,re
improvements, streetscapes, NOTE: Conceptual drawing for Alternative Compliance submission.
Document not intended to represent design intent and architectural detail.
traffic management during
events, time limits for outdoor
amplified music
aR. -.,''lees N 31
ATLANTIC PARK, INC & CITY OF VIRGINIA BEACH DEVEL 7. ' ` ' - a ITEM 13
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• Request to modify conditions of a 2019
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• Applicant seeks to expand into adjacent suite in shopping center
• Hours of operation to remain 10:00 a.m. to 9:00 p.m., 7 days per week
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• Request for a Conditional Use Permit for a Home Occupation - Retail Sales (Firearms)
• Conditions require security assessment & limitation on number of transactions per month
• 2 letters of support, 6 letters of opposition received; 4 speakers in opposition at Planning Commission hearing
37
JEFF HEITKAMP , ,� ITEM 17
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Conditional Use Permit for a Commercial CENTRAL DRIVEKennel -
• Use compatible with Navy Restrictive EXISTING KENNEL tN
Easement & AICUZ I
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• Hours of Operation: Monday —Friday 6:00 PROPOSED KENNEL EXPANSION
a.m. to 7:00 p.m. Saturday 8:00 a.m. to .....,...
4:00 p.m.
• 7 letters of support received 39
COSMO'S CORNER, INC ITEM 18
14
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#71853
3:37P.M.
There were no City Council Initiatives.
August 3, 2021
15
CITY COUNCIL LIAISON REPORTS
ITEM#71854
3:37 P.M.
There were no City Council Liaison Reports
August 3, 2021
16
CITY COUNCIL COMMENTS
ITEM#71855
3:38 P.M.
Council Member Moss advised single family home values are up 23%and used cars are up 32%nationwide
and requested the Body have a meaningful discussion prior to the Five-Year Forecast, which will be coming
forward in October, to ensure residents will not see an increase in property taxes based on the nationwide
value increases.
August 3, 2021
17
CITY COUNCIL COMMENTS
ITEM#71856
(Continued)
Council Member Wilson advised tonight is National Night Out and expressed her disappointment in not
being able to attend the events to support law enforcement. Council Member Wilson requested a permanent
change to the City Council Meeting schedule that would allow the Body to participate in the future National
Night Out annual events.
City Attorney Stiles advised the Ordinance states City Council Formal meetings will occur on the first and
third Tuesday of the month with the exception of July and December, when the meetings will be held the
first two(2) Tuesdays of those specific months. City Attorney Stiles advised the Ordinance can be amended
to have the first Tuesday in August as a City Council Workshop with the second and third Tuesdays
scheduled as formal meetings.
Dana Harmeyer, Deputy City Attorney, advised there is a similar annual conflict on election night and
asked the Body if they would like to include amending the first Tuesday in November within the same
Ordinance?
Mayor Dyer advised, by Consensus, the Body agrees with moving forward with the recommended schedule
changes.
August 3, 2021
18
CITY COUNCIL COMMENTS
ITEM#71857
(Continued)
Council Member Wilson advised this year will be the 20`h anniversary of 9/11 and asked the Body if they
would like to do something in recognition?
Mayor Dyer suggested a Resolution signed by the Body with a special ceremony to honor all first
responders.
August 3, 2021
19
CITY COUNCIL COMMENTS
ITEM#71858
(Continued)
Council Member Berlucchi advised after the Urban Agricultural Advisory Committee (UAAC) was
established, there were concerns raised of potential conflicts occurring between the scope of the UAAC
and the Agricultural Advisory Commission (AAC), resulting in the agreement that members would not be
appointed to the UAAC until a meeting was held with members of the AAC. Council Member Berlucchi
advised two (2)weeks ago, he met with the AAC and believes there is a clear path to move forward to have
members appointed to the UAAC. Council Member Berlucchi requested the Body consider who they would
like to appoint from their respective districts in order for the Committee to move forward, and not only
follow through with former Council Member Abbott's imitative, but also allow citizens on both sides of the
issue involved to be heard.
August 3, 2021
20
CITY COUNCIL COMMENTS
ITEM#71859
(Continued)
Council Member Wooten advised on Friday, July 30, 2021, she attended a policing engagement retreat
adding it was initiated by Pastor Jason Knight with assistance from Chief Neudigate after the shooting at
the oceanfront. The focus of the imitative involves working with residents, business owners and law
enforcement to address issues in the community including youth and gun violence. Council Member
Wooten advised she will provide information on future events as she receives it.
August 3, 2021
21
CITY COUNCIL COMMENTS
ITEM#71860
(Continued)
Mayor Dyer advised over the City Council break there were a number of community engagements and
wanted to share the details of a few. Mayor Dyer he attended the East Coast Surfing event at Pembroke
which honored first responders and included demonstrations by a K9 working dog and a police officer who
is an expert skateboarder.
Mayor Dyer advised he and Council Member Wooten attended an event last week at Chimney Hill, led by
Dr. Theron Williams, which had a great turn out from members in the community who enjoyed the band,
food and were provided COVID-19 vaccinations administered by volunteer doctors and stafffrom Sentara.
Council Member Wooten added it was an important event with so many people from the community in
attendance.
Mayor Dyer also attended the Green Run Association event with Council Member Berlucchi for their 50`h
Anniversary celebration at Green Run High School and had a fantastic turn out. Mayor Dyer advised the
Green Run Neighborhood was the first "Planned Unit Development"in the City.
Council Member Berlucchi advised the Green Run Neighborhood is the largest in the City with over 5,000
single-family homes and the most diversified. Council Member Berlucchi advised the event was a tribute
to the strength of the community and expressed his appreciation to all the City leadership and staff who
attended and supported the event.
August 3, 2021
22
CITY COUNCIL COMMENTS
ITEM#71861
(Continued)
Council Member Moss advised he attended the 70th Police Academy Graduation and complimented Mayor
Dyer and Chief Neudigate on their stellar remarks. Council Member Moss expressed he was impressed
with the twenty-six (26) candidates who came from all over the country to become police officers in the
City. Council Member Moss encouraged anyone who has not seen the graduation video to watch the video
which includes highlights of their training.
August 3, 2021
23
CITY COUNCIL COMMENTS
ITEM#71862
(Continued)
Council Member Jones advised he met with members of the Builders Group, as the Body requested. The
meeting went well and he believes many of the misunderstandings are now cleared up. Council Member
Jones expressed his appreciation to City stafffor their response and support.
August 3, 2021
24
AGENDA REVIEW SESSION
ITEM#71863
3:56 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
I. ORDINANCES/RESOLUTION
1. Ordinance to AMEND City Code Sections 10-1 and 10-1.1 re polling place changes/locations
and DIRECT the City Attorney and Voter Registrar to seek preclearance for such changes
a. Avalon Precinct to Fairfield Elementary School
b. Windsor Oaks Precinct to Windsor Woods Library
c. King's Grant Precinct to King's Grant Elementary School
d. Shannon Precinct to Kempsville Elementary School
e. Sherry Park Precinct to Woodstock Elementary School
f. Independence Precinct to Windsor Oaks Elementary School
g. Satellite location for Absentee Voting Kempsville City Treasurer's Office to
Meyera Oberndorf Central Library
2. Resolution to APPOINT Robyn Riddick to the position of Deputy City Clerk II, effective July 15,
2021
3. Ordinances to ACCEPT and APPROPRIATE from the Virginia Department of Behavioral Health
and Developmental Services(DBHDS) to the FY2021-22 Human Services Operating Budget:
a. $261,080,ESTABLISH three(3)full-time positions and$70,000 in Medicaid
Revenue re Step-VA Services
b. $272,310 and ESTABLISH three (3) full-time positions re Forensics
Discharge Planning Services
c. $1,158,936 and ESTABLISH six (6)full-time positions re expansion of the
Permanent Supportive Housing Program
I. ORDINANCES/RESOLUTION:
ITEM#1 WILL BE CONSIDERED SEPARATELY
August 3, 2021
25
AGENDA REVIEW SESSION
ITEM#71863
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
J. PLANNING
1. THOMAS A. BROWN for a Variance to Section 4.4 (b & d) of the Subdivision Regulations re
direct access to a public street and street line frontage requirements at 2888 Indian River Road
DISTRICT 7—PRINCESS ANNE(Deferred from February 16, 2021)
2. THOMAS A. BROWN for a Variance to Section 4.4 (b & d) of the Subdivision Regulations re
direct access to a public street and street line frontage requirements at 2892 Indian River Road
DISTRICT 7—PRINCESS ANNE
3. BONNEY G. BRIGHT SAND COMPANY for a Modification of Conditions re borrow pit
expansion at 200 Princess Anne Road DISTRICT 7—PRINCESS ANNE(most recently approved
on September 15, 2020)
J.PLANNING ITEMS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#2 WILL BE CONSIDERED SEPARATELY
ITEM#3 WILL BE CONSIDERED SEPARATELY
August 3, 2021
26
ITEM#71864
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
• Bayside 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 an 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 Bayside District
• Stephen Boothe v. City of Virginia Beach
• Opioid Litigation
PERSONNEL MATTERS:Discussion, consideration of or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees, Authorities, Agencies, Task Forces and Appointees
• City Council Kempsville seat
August 3, 2021
27
ITEM#71864
(Continued)
Upon motion by Council Member Moss, seconded by Vice Mayor Wood, City Council voted to proceed into
CLOSED SESSION at 3:59 P.M.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
Closed Session 3:49 P.M. — 5:55 P.M.
*Council Member Moss stepped out of the Closed Session during the Opioid Litigation discussion due
to a possible conflict of interest.
*Vice Mayor Wood stepped out during the items discussed under Publicly-Held Property
August 3, 2021
28
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
AUGUST 3, 2021
6:00 P.M.
Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in City
Council Chamber, City Hall, on Tuesday, August 3, 2021, at 6:00 P.M
Council Members Present:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
INVOCATION: Chaplain Emeritus Don Hippie
Virginia Beach Police Department—4th Precinct
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard
Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite
102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size
of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an
interest in numerous matters in which she is not personally involved and of which she does not have
personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and
Local Government Conflict of Interests Act(the "Act'), it is her practice to thoroughly review the agenda
for each meeting of City Council for the purpose of identifying any matters in which she might have an
actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she
identifies a matter in which she has a `personal interest,"as defined in the Act,she will file the appropriate
disclosure letter to be recorded in the official records of the City Council. Council Member Wilson
regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record.
August 3, 2021
29
Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes
Goodman and receives income from the firm as a result of her late husband's employment. The income is
proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an
employee of Dixon Hughes Goodman, does not have any role in management of the company and does is
not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of
transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters of which
she has no personal knowledge. In that regard, she is always concerned about the appearance of
impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon
Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the
State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review
each City Council agenda to identini 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.
August 3, 2021
30
ITEM— VILE
CERTIFICATION
ITEM#71865
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
*Council Member Moss stepped out of the Closed Session during the Opioid Litigation discussion due
to a possible conflict of interest.
*Vice Mayor Wood stepped out during the items discussed under Publicly-Held Property
August 3, 2021
G11ylA•BP,4C
rfie ` _^ , ,,
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i?
°F a°R ..„
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#71864 Page 14 and in accordance with the provisions of The Virginia
Freedom of Information Act;and,
WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
Am da Barnes, M
City Clerk
August 3, 2021
31
ITEM— VII.F
MINUTES
ITEM#71866
Upon motion by Council Member Tower,seconded by Council Member Wilson, City Council APPROVED
the MINUTES of the INFORMAL and FORMAL SESSIONS of July 6,2021 and July 13, 2021
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 Abstaining:
Michael F. Berlucchi
Council Members Absent:
None
August 3, 2021
32
ITEM— VILG.1
PUBLIC COMMENT
ITEM#71867
Mayor Dyer DECLARED a PUBLIC HEARING:
POLLING PLACE CHANGES
a. Avalon Precinct to Fairfield Elementary School
b. Windsor Oaks Precinct to Windsor Woods Library
c. King's Grant Precinct to King's Grant Elementary School
d. Shannon Precinct to Kempsville Elementary School
e. Sherry Park Precinct to Woodstock Elementary School
f Independence Precinct to Windsor Oaks Elementary School
g. Satellite location for Absentee Voting Kempsville City Treasurer's Office to
Meyera Oberndorf Central Library
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Stephen Johnston, 2316 Enchanted Forrest, Phone: 310-1338, spoke in OPPOSITION
There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING
August 3, 2021
33
ITEM— VII.H
FORMAL SESSION AGENDA
ITEM#71868
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 the following speaker:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION on Ordinances/Resolution I: 2 and 3a/b/c
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,BY
CONSENT,Agenda Items Ordinances/Resolution L:2 and 3a/b/c
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
I. ORDINANCES/RESOLUTION:
ITEM#1 WILL BE CONSIDERED SEPARATELY
J.PLANNING ITEMS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#2 WILL BE CONSIDERED SEPARATELY
ITEM#3 WILL BE CONSIDERED SEPARATELY
August 3, 2021
34
ITEM— VII.I.lag
ORDINANCES/RESOLUTION
ITEM#71869
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Council Member Wilson, seconded by Council Member Rouse, City Council ADOPTED
Ordinance to AMEND City Code Sections 10-1 and 10-1.1 re polling place changes/locations and
DIRECT the City Attorney and Voter Registrar to seek preclearance for such changes:
a. Avalon Precinct to Fairfield Elementary School
b. Windsor Oaks Precinct to Windsor Woods Library
c. King's Grant Precinct to King's Grant Elementary School
d. Shannon Precinct to Kempsville Elementary School
e. Sherry Park Precinct to Woodstock Elementary School
f Independence Precinct to Windsor Oaks Elementary School
g. Satellite location for Absentee Voting Kempsville City Treasurer's Office
to Meyera Oberndorf Central Library
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 3, 2021
1 AN ORDINANCE TO AMEND SECTION 10-1 AND
2 10-1 .1 OF THE CITY CODE TO MAKE FOUR
3 TEMPORARY POLLING LOCATIONS
4 PERMANENT, MOVE TWO POLLING LOCATIONS,
5 MOVE A SATELLITE ABSENTEE VOTING
6 LOCATION, AND UPDATE THE NAMES OF FOUR
7 BUILDINGS AND TO DIRECT THE CITY ATTORNEY
8 AND VOTER REGISTRAR TO SEEK
9 PRECLEARANCE FOR SUCH CHANGES
10
11 SECTIONS AMENDED: §§ 10-1 & 10-1 .1
12
13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
14 VIRGINIA:
15
16 1 . Sections 10-1 and 10-1.1 of the City Code are hereby amended and reordained to
17 read as follows:
18
19 Sec. 10-1. Establishment of precincts and polling places.
20
21 There are hereby established in the city the following precincts and their respective
22 polling places, as set forth below:
23
24 Precinct Polling Place
25
26 Alanton Alanton Elementary School
27 Aragona Bayside Sixth Grade Campus
28 Arrowhead Arrowhead Elementary School
29 Avalon Woodstock Elementary School
30 Fairfield Elementary School
31 Baker Ebenezer Baptist Church
32 Bayside Bayside Elementary School
33 Bellamy Salem Middle School
34 Blackwater Blackwater Fire Station
35 Bonney Princess Anne High School
36 Brandon Brandon Middle School
37 Brookwood Brookwood Elementary School
38 Buckner Green Run Baptist Church
39 Cape Henry Research and Enlightenment Building (Edgar
40 Cayce Library)
41 Edgar Cayce's Association for Research and
42 Enlightenment
43 Capps Shop Back Bay Christian Assembly
44 Centerville Centerville Elementary School
45 Chesapeake Beach Bayside Baptist Church
46 Chimney Hill Rosemont Elementary School
47 College Park College Park Elementary School
48 Colonial Colonial Baptist Church
49 Colony Lynnhaven Colony Congregational Church
50 Corporate Landing Corporate Landing Middle School
51 Courthouse Kellam High School
52 Creeds Oak Grove Baptist Church
53 Cromwell Landstown High School
54 Culver Ocean Lakes High School
55 Dahlia Green Run High School
56 Dam Neck Corporate Landing Elementary School
57 Davis Corner Bettie F. Williams Elementary School
58 Eastern Shore Eastern Shore Chapel
59 Edinburgh St. Aidan's Episcopal Church
60 Edwin Kempsville Middle School
61 Fairfield Kempsville Presbyterian Church
62 Foxfire Wave Church (Seaboard location)
63 Glenwood Glenwood Elementary School
64 Great Neck All Saints Episcopal Church
65 Green Run Green Run Elementary School
66 Haygood Haygood United Methodist Church
67 Hillcrest New Castle Elementary School
68 Hilltop Freedom Fellowship Church
69 Holland Holland Elementary School
70 Homestead Providence Presbyterian Church
71 Hunt Princess Anne Recreation Center
72 Independence Water's Edge Church
73 Windsor Oaks Elementary School
74 Indian Lakes Indian Lakes Elementary School
75 Indian River San Lorenzo Spiritual Center
76 King's Grant
77 King's Grant Elementary School
78 Kingston King's Grant Presbyterian Church
79 Lake Christopher New Covenant Presbyterian Church
80 Lake Joyce Morning Star Baptist Church
81 Lake Smith Bayside Church of Christ
82 Landstown Landstown Community Church
83 Larkspur St. Andrews United Methodist Church
84 Lexington Larkspur Middle School
85 Linkhorn Virginia Beach Community Chapel
86 Little Neck Lynnhaven United Methodist Church
87 London Bridge London Bridge Baptist Church
88 Lynnhaven John B. Dey Elementary School
89 Magic Hollow Virginia Beach Moose Family Center
90 Malibu Malibu Elementary School
91 Manor Providence Elementary School
92 Mt. Trashmore Windsor Woods Elementary School
93 Newtown Good Samaritan Episcopal Church
94 North Beach Galilee Episcopal Church
95 North Landing Hope Haven
96 Ocean Lakes Ocean Lakes Elementary School
97 Ocean Park Bayside Community Recreation Center
98 Oceana The Gathering at Scott Memorial United
99 Methodist Church
100 Old Donation Calvary Baptist Church
101 Pembroke Pembroke Elementary School
102 Pinewood Lynnhaven Presbyterian Church
103 Plaza Lynnhaven Elementary School
104 Pleasant Hall Emmanuel Episcopal Church
105 Point O'View Point O'View Elementary School
106 Red Wing Seatack Elementary
107 Rock Lake Salem Elementary School
108 Rosemont Forest Rosemont Forest Elementary School
109 Roundhill Salem High School
110 Rudee W. T. Cooke Elementary School
111 Salem Woods Parkway Elementary School
112 Sandbridge Tabernacle United Methodist Church
113 Seatack Mount Olive Baptist Church
114 Shannon Church of the Ascension
115 Kempsville Elementary School
116 Shelburne Christopher Farms Elementary School
117 Shell Unity Church of Tidewater
118 Shelton Park Shelton Park Elementary
119 Sherry Park
120 Woodstock Elementary School
121 Sigma Red Mill Elementary School
122 South Beach
123 Museum of Contemporary Art
124 Stratford Chase Kempsville Area Library
125 Strawbridge Strawbridge Elementary School
126 Tallwood Tallwood Elementary School
127 Thalia Thalia Elementary School
128 Thoroughgood Independence Middle School
129 Timberlake White Oaks Elementary School
130 Trantwood Great Neck Baptist Church
131 Upton Three Oaks Elementary School
132 Village Thalia Lynn Baptist Church
133 Windsor Oaks Windsor Oaks Elementary School
134 Windsor Woods Library
135 Witchduck Bayside Presbyterian Church
136 Wolfsnare Virginia Beach Christian Life Center
137 Wave Church (Old Donation location)
138 Central Absentee Voter Agriculture/Voter Registrar Building
139 Precinct
140
141 Sec. 10-1.1. — Satellite absentee voting locations; notice.
142
143 (a) As authorized by Code of Virginia § 24.2-701 .2, the satellite offices to be used in the
144 city for absentee voting in person are the following locations:
145 Bayside Recreation Center, 4500 First Court Road
146 Great Neck Recreation Center, 2521 Shorehaven Drive
147 Seatack Recreation Center, 141 S. Birdneck Road
148 whopping ec
149 Meyera Obemdorf Central Library, 4100 Virginia Beach Boulevard
150
151 (b) The general registrar shall provide notice of such absentee voting locations at the
152 office of the voter registrar and at the voter registrar's website. Such notice will include
153 information regarding what time the location is available for in-person absentee voting
154 and other pertinent details.
155
156
157 2. The City Attorney and Voter Registrar are hereby directed to seek a certification of
158 no objection from the Office of the Attorney General using the preclearance procedure
159 provided by Virginia Code § 24.2-129(D). The changes authorized herein shall not be
160 administered unless and until the Attorney General has provided such certification or if
161 60 days lapses without the Attorney General interposing an objection.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 3 r d day
of August , 2021.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Voter Registrar y's ce
CA15503
R-2
July 23, 2021
35
ITEM— VII.I.2
ORDINANCES/RESOLUTION
ITEM#71870
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT,Resolution to APPOINT Robyn Riddick to the position of Deputy City Clerk II, effective July
15, 2021
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 3, 2021
1 A RESOLUTION APPOINTING ROBYN RIDDICK TO
2 THE POSITION OF DEPUTY CITY CLERK II
3
4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA:
6
7 That pursuant to § 2-77 of the City Code, Robyn Riddick is hereby appointed to
8 the position of Deputy City Clerk II, effective July 15, 2021 .
Adopted by the Council of the City of Virginia Beach, Virginia, on the 3 r d day of
August , 2021 .
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
ity Clerk City Attorney's Office
CA15497
R-1
July 16, 2021
36
ITEM— VILI.3a
ORDINANCES/RESOLUTION
ITEM#71871
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Virginia Department of Behavioral
Health and Developmental Services (DBHDS) to the FY2021-22 Human Services Operating Budget:
a. $261,080, ESTABLISH three (3) full-time positions and $70,000 in
Medicaid Revenue re Step-VA Services
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 3, 2021
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $261 ,080 FROM THE VIRGINIA DEPARTMENT OF
3 BEHAVIORAL HEALTH AND DEVELOPMENTAL
4 SERVICES, ESTIMATE AND APPROPRIATE $70,000 IN
5 REVENUE FROM CHARGES FOR SERVICES, AND
6 ESTABLISH THREE POSITIONS WITHIN THE
7 DEPARTMENT OF HUMAN SERVICES FOR THE
8 EXPANSION OF OUTPATIENT BEHAVIORAL HEALTH
9 SERVICES
10
11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
12 VIRGINIA THAT:
13
14 1. $261 ,080 is hereby accepted from the Virginia Department of Behavioral Health
15 and Developmental Services and appropriated, with revenue from the
16 Commonwealth increased accordingly, to the FY 2021-22 Operating Budget of the
17 Department of Human Services for expansion of the STEP-VA Outpatient
18 Behavioral Health Services step.
19
20 2. $70,000 in revenue from Medicaid is hereby estimated and appropriated, with
21 Charges for Services increased accordingly, to the FY 2021-22 Operating Budget
22 of the Department of Human Services as a result from anticipated payments for
23 services rendered through the expansion of the STEP-VA Outpatient Behavioral
24 Health Services step.
25
26 3. 3.0 FTEs are hereby authorized within the FY 2021-22 Operating Budget of the
27 Department of Human Services to support the STEP-VA Outpatient Behavioral
28 Health Services step. Such positions are contingent upon continued funding from
29 the Commonwealth and Medicaid.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 3 r d day
of August , 2021.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
i/Z4ILIftdOVO--
Budget and Management Services y s Office
CA15498
R-2
July 22, 2021
37
ITEM— VII.I.3b
ORDINANCES/RESOLUTION
ITEM#71872
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Virginia Department of Behavioral
Health and Developmental Services (DBHDS) to the FY2021-22 Human Services Operating Budget:
b. $272,310 and ESTABLISH three (3) full-time positions re Forensics
Discharge Planning Services
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 3, 2021
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $272,310 FROM THE VIRGINIA DEPARTMENT OF
3 BEHAVIORAL HEALTH AND DEVELOPMENTAL
4 SERVICES AND TO ESTABLISH THREE POSITIONS
5 WITHIN THE DEPARTMENT OF HUMAN SERVICES FOR
6 FORENSIC DISCHARGE PLANNING SERVICES
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA THAT:
10
11 1. $272,310 is hereby accepted from the Virginia Department of Behavioral Health
12 and Developmental Services and appropriated, with revenue from the
13 Commonwealth increased accordingly, to the FY 2021-22 Operating Budget of the
14 Department of Human Services for forensic discharge planning services.
15
16 2. 3.0 FTEs are hereby authorized within the FY 2021-22 Operating Budget of the
17 Department of Human Services to support forensic discharge planning. Such
18 positions are contingent upon continued funding from the Commonwealth.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 3 r d day
of August , 2021.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APP VED AS TO LEGAL SUFFICIENCY:
(1k-- 4716
Budget and Management Services ey's Office
CA15499
R-2
July 22, 2021
38
ITEM— VII.L3c
ORDINANCES/RESOLUTION
ITEM#71873
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Virginia Department of Behavioral
Health and Developmental Services (DBHDS) to the FY2021-22 Human Services Operating Budget:
c. $1,158,936 and ESTABLISH six (6)full-time positions re expansion of
the Permanent Supportive Housing Program
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 3, 2021
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $1,158,936 FROM THE VIRGINIA DEPARTMENT OF
3 BEHAVIORAL HEALTH AND DEVELOPMENTAL
4 SERVICES AND TO ESTABLISH SIX POSITIONS WITHIN
5 THE DEPARTMENT OF HUMAN SERVICES TO EXPAND
6 THE PERMANENT SUPPORTIVE HOUSING PROGRAM
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA THAT:
10
11 1. $1 ,158,936 is hereby accepted from the Virginia Department of Behavioral Health
12 and Developmental Services and appropriated, with revenue from the
13 Commonwealth increased accordingly, to the FY 2021-22 Operating Budget of the
14 Department of Human Services for expansion of the permanent supportive
15 housing program.
16
17 2. 6.0 FTEs are hereby authorized within the FY 2021-22 Operating Budget of the
18 Department of Human Services to support permanent supportive housing. Such
19 positions are contingent upon continued funding from the Commonwealth.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 3 r d day
of August , 2021 .
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
'4:"'C46364thrP---
Budget and Management Services to ey s Office
CA15500
R-2
July 22, 2021
39
ITEM— VII.J.1
PLANNING
ITEM#71874
The following registered to speak:
Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT
Jack Lynch, 2929 Charisma Court, Phone: 453-6501, spoke in OPPOSITION
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Thomas Carini, 2933 Charisma Court, Phone: 689-8707, spoke in OPPOSITION
Albert Daly, 2937 Charisma Court, Phone: 419-779-5323, spoke in OPPOSITION
Lisa Clarkson, 3808 North Landing Road, Phone: 450-3329, spoke in OPPOSITION
Upon motion by Council Member Henley,seconded by Council Member Wilson, City Council DEFERRED
TO AUGUST 17,2021,Application of THOMAS A.BROWN for a Variance to Section 4.4(b& d) of the
Subdivision Regulations re direct access to a public street and street line frontage requirements at 2888
Indian River Road DISTRICT 7—PRINCESS ANNE(Deferred from February 16, 2021)
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 3, 2021
40
ITEM— VILJ.2
PLANNING
ITEM#71875
The following registered to speak:
Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Lisa Clarkson, 3808 North Landing Road, Phone: 450-3329, spoke in OPPOSITION
Upon motion by Council Member Henley,seconded by Council Member Wilson, City Council DEFERRED
TO AUGUST 17, 2021,Application of THOMASA. BROWN for a Variance to Section 4.4(b& d)of the
Subdivision Regulations re direct access to a public street and street line frontage requirements at 2892
Indian River Road DISTRICT 7—PRINCESS ANNE
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 3, 2021
41
ITEM— VII.J.3
PLANNING
ITEM#71876
The following registered to speak:
R. Harold Jones, 1513 Sandbridge Road, Phone: 615-9974,Attorney for Applicant, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Mark Gresalfi, 6216 Pocahontas Club Road, Phone: 438-245, spoke in OPPOSITION
Lisa Clarkson, 3808 North Landing Road, Phone: 450-3329, spoke in OPPOSITION
Upon motion by Council Member Henley, seconded by Council Member Wilson, City Council
APPROVED, AS MODIFIED, Application of BONNEY G. BRIGHT SAND COMPANY for a
Modification of Conditions re borrow pit expansion at 200 Princess Anne Road DISTRICT 7—PRINCESS
ANNE(most recently approved on September 15, 2020)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
BONNEY G. BRIGHT SAND COMPANY for a Modification of
Conditions re borrow pit expansion at 200 Princess Anne Road
DISTRICT 7—PRINCESS ANNE(most recently approved on September
15, 2020)
The following conditions shall be required:
1. All previous conditions attached to the Conditional Use Permit approvals of November 28,
2000 and February 9, 2010 and the Modification of Conditions Permit approvals of
February 14,2006 and September 15,2020 shall be voided and replaced with the following
conditions below.
2. Activities on the site shall meet all the requirements identified by the Virginia Department
of Mines, Minerals and Energy. Additionally, the applicant shall renew their permit and
license with the Department of Mines, Minerals and Energy before October 21, 2021.
3. No excavation or restoration of the borrow pit expansion shall be allowed without first
obtaining any necessary permits from the appropriate Federal, State and Local agencies,
required as a result of the expansion of the existing borrow pit operation. In addition, the
applicant shall renew the Non-Metallic Mineral Mining General Permit from the
Department of Environmental Quality for the proposed expansion.
4. No excavation of restoration of the borrow pit shall commence until such time that a site
plan has been reviewed and approved by the Development Services Center. The site plan
must include a specific street and highway contingency plan that addresses the repair and
replacement of any damaged roadway surfaces associated with the borrow pit operation.
The site plan shall also detail the truck watering schedule currently utilized for the
abatement of the dust generated by this operation and must indicate the sequence of
construction for maintaining 3:1 side slopes on the borrow pit within sixty(60) days after
the excavation is complete.
August 3, 2021
42
ITEM— VILJ.3
PLANNING
ITEM#71876
(Continued)
5. No access to or from Pocahontas Club Road shall be permitted for the borrow pit
operation.
6. Operating hours shall be 7:00 a.m. to 7:00 p.m.,Monday through Saturday.No operations
shall be permitted on Sunday.
7. No encroachment into existing easements will be allowed. Access to drainage easements
must be provided by the applicant overall output systems within the site.
8. No encroachments into natural drainage channels shall be permitted.
9. The existing buffer ofpine trees along Princess Anne Road, the double row ofLoblolly and
Virginia pine trees, an understory row of wax myrtle shrubs and the three to four-foot-high
berm along Pocahontas Club Road used for screening and buffering shall remain
undisturbed.
10. A row of pine trees shall be planted along Princess Anne Road continuing north from the
existing trees that will be used as screening and buffering for the expansion of the borrow
pit. The required pine trees shall be allowed to grow and be maintained at a height of no
less than thirty(30)feet.
11. Undrained pockets and stagnant pools resulting from surface drainage shall be sprayed in
accordance with requirements of the state board of health to eliminate breeding places for
mosquitos and other insects.
12. The one hundred (100)foot buffer between the cemetery in the southeast corner and the
excavation site must remain undisturbed.
13. The maximum depth of the proposed expansion shall not exceed an elevation of-25.00 feet
below ground surface from elevation 0.00 feet below ground surface. The applicant shall
not breach the confining layers regardless of depth.
14. Dewatering of the pit will be allowed and the following are required:
a. A permit from the Virginia Water Control Board is required to discharge any
water from dewatering into a state waterway.
b. The operator of the borrow pit shall be responsible for continuous water
service for the private wells up to one thousand(1,000)feet from the borrow
pit operation and those within twenty-five hundred(2,500)feet if proved to be
affected by this operation.
August 3, 2021
43
ITEM— VII.J.3
PLANNING
ITEM#71876
(Continued)
15. The maximum number of truck trips generated by the borrow pit shall be seventy(75)per
day.A truck trip shall be considered one round trip, in and out of the borrow pit.
16. All trucks and equipment used in conjunction with the borrow pit operation must be stored,
repaired, and fueled on the borrow pit site or on property zoned for such use.
17. The applicant and/or operator of the borrow pit shall provide sufficient information to
further the knowledge of the impacted subsurface geology by providing a Monitoring
Well/Bore Hole Installation Plan and to estimate existing and projected recharge of
dewatering operation discharge water. The applicant shall provide a Groundwater
Recharge Plan, which shall include all phases of the expansion, subject to the approval of
the Director of Public Utilities or designee.
18. The Groundwater Recharge Plan shall provide for the retention of water onsite to the
highest degree practical.As one means to achieve this, the flooding of depleted mine areas
shall be implemented to the maximum extent practical and outlined in detail in the
Groundwater Recharge Plan, accountingfor all phases of expansion and reclamation. The
applicant and/or operator of the borrow pit shall provide a reliable quarterly report to the
Department of Public Utilities to include the analysis of the recharge system. This plan
shall contain the amount of water pumped from the borrow pit, the amount of groundwater
recharged on the site, the amount of water discharged to offsite surface water, the local
precipitation, and a detailed description of the way in which each of these volumes were
determined. The plan shall be subject to the approval of the Director of Public Utilities or
designee.
19. Testing shall be performed at each monitoring well a minimum of four times a year and
analytical results shall be provided to the Director of Public Utilities or designee. The
Director of Public Utilities or designee may reduce monitoring frequency to annual testing
at each well.If in the judgement of the Director of Public Utilities or designee,such results
indicate that salt water intrusion is occurring to such extent that private drinking water
wells are threatened, the applicant shall cease dewatering of the borrow pit at the cost of
the borrow pit operator.
20. Extension of time for operations is ending in June 2030, to include restoration of the
property.
21. When mining is complete, the applicant shall redevelop the sides of the pit to a 3:1 slope
within six (6) months as depicted on the plan for the borrow pit entitled "Reclamation
Plan", dated October 3, 2007, revised September 10, 2009, revised July 1, 2021,prepared
by Gallup Surveyors and Engineers. Said plan has been exhibited to the City of Virginia
Beach City Council and is on file in the Planning Department.
August 3, 2021
44
ITEM— VILJ.3
PLANNING
ITEM#71876
(Continued)
22. The applicant shall submit a site development plan in accordance with the Zoning
Ordinance,Article 2 C Section 227 Borrow Pits to the Development Services Center of the
Planning Department for review and approval prior to any excavation of the additional
areas depicted on the submitted site plan entitled "PROPOSED BORROW PIT
EXPANSION PLAN FOR BONNEY G. BRIGHT", dated October 3, 2007, revised
September 10, 2009, revised March 12, 2021,prepared by Gallup Surveyors&Engineers.
Said plan has been exhibited to the City of Virginia Beach City Council and is on file in
the Planning Department.
23. Trucks that haul material to and from the property shall not use Princess Anne Road as an
ingress and egress for the operation. All trucks in association with the mining operation
shall use the entrance in North Carolina to enter and exit the site. If the entrance from
Princess Anne Road is used to haul material than the following shall apply: the operator
shall install a left turn lane on Princess Anne Road into the borrow pit entrance, the
property owner shall dedicate as deemed necessary by City Staff any additional right-of-
way to accommodate the turn lane, the entrance from Princess Anne Road shall be paved
and the pavement shall extend fifty(50)feet back from the property line and then graveled
an additional fifty (50)feet, and an entrance plan shall be required subject to the review
and approval by Department of Public Works/Traffic Engineering.
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 3'd day of August Two Thousand
Twenty One.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 3, 2021
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45
ITEM— VII.K.
APPOINTMENTS
ITEM#71877
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
2040 VISION TO ACTION COMMUNITY COALITION
BEACHES AND WATERWAYS ADVISORY COMMISSION
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
CLEAN COMMUNITY COMMISSION
COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE
GREEN RIBBON COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HOUSING ADVISORY BOARD
INVESTIGATION REVIEW PANEL
MINORITY BUSINESS COUNCIL
OCEANA LAND USE CONFORMITY COMMITTEE
OPEN SPACE ADVISORY COMMITTEE
PARKS AND RECREATION COMMISSION
PLANNING COMMISSION
PROCESS IMPROVEMENT STEERING COMMITTEE
PUBLIC LIBRARY BOARD
TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE
URBAN AGRICULTURE ADVISORY COMMITTEE
WETLANDS BOARD
August 3, 2021
46
ITEM— VII.K.
APPOINTMENTS
ITEM#71878
Upon nomination by Vice Mayor Wood, City Council APPOINTED:
MIA SWAN
Four year term 8/3/2021 — 7/31/2025
ARTS AND HUMANITIES COMMISSION
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 3, 2021
47
ITEM— VII.K.
APPOINTMENTS
ITEM#71879
Upon nomination by Vice Mayor Wood, City Council APPOINTED:
CAMPBELL CLAY
NATALIE HUBBARD
(Student Members)
One year term 8/3/2021- 7/31/2022
HISTORIC PRESERVATION COMMISSION
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 3, 2021
48
ITEM— VII.K.
APPOINTMENTS
ITEM#71880
Upon nomination by Vice Mayor Wood, City Council APPOINTED:
CAROLYN SMITH
(Planning Department Employee)
Unexpired term thru 9/30/2021
Plus Four year term 10/1/2021—9/30/2025
HOUSING ADVISORY BOARD
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 3, 2021
49
ITEM— VII.K.
APPOINTMENTS
ITEM#71881
Upon nomination by Vice Mayor Wood, City Council REAPPOINTED:
BARBARA BOOKER-WILLIAMS
Three year term 9/1/2021—8/31/2024
INVESTIGATION REVIEW PANEL
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 3, 2021
50
ITEM— VILK
APPOINTMENTS
ITEM#71882
Upon nomination by Vice Mayor Wood, City Council APPOINTED CITY COUNCIL LIAISON:
ARTS AND HUMANITIES COMMISSION
Michael F. Berlucchi
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 3, 2021
51
ITEM— VII.L.
UNFINISHED BUSINESS
ITEM#71883
Council Member Moss referenced the schedule for appointing a Council Member to the Kempsville District
seat on August 10th, advising in the past a Public Hearing was scheduled to provide the public an
opportunity to speak. Council Member Moss requested to hold the interviews on August 10t as planned
but not vote for the appointment until August 12`h, after a Public Hearing.
Mayor Dyer advised the Body will discuss this on August 10`h.
August 3, 2021
52
ADJOURNMENT
ITEM#71884
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 8:11 P.M.
Ter ' . zs
Chief Deputy City C erk
kki AI
A •a Barnes, M C Robert M. Dyer
City Clerk Mayor
August 3, 2021
53
OPEN DIALOGUE
The following registered to speak:
Sandra Brooks Green, 1415 Sampson Lane, Phone: 407-1484, spoke concerning parking issues in
neighborhood and requested regulations are put in place to prohibit parking on grass
Barbara Messner,P. O.Box 514, expressed her concerns with the type of cleaning products used in Council
Chambers
The following speakers spoke in SUPPORT of the Citywide tackle football program and requested the
program not be cut from Parks and Recreation:
Don Macari, Phone: 434-5858
Frederick Jackson, 2012 Bizzone Circle, Phone: 575-1445
Bill Stachelski, 1185 Paramore Drive, Phone: 650-9092
Dylan Hauser, 973 Old Cutler Road, Phone: 505-0791
Ric Ennis, 805 Terrace Avenue, Phone: 647-1310
Cho Ramirez, 658 Oleander Circle, Phone: 515-6514
Ashley West, 1717 North Alanton Drive, Phone: 619-9378
Missy Davis 4783 Old Hickory Road, Phone: 469-6405
Anthony Hudson, 1701 Stadium Court, Phone: 619-0216
Lou Rossero, 1900 Vrenna Court, Phone: 479-5362
Jay Alberry, 1869 Bloomfield Drive, Phone: 297-9964
Doug Palmerton, Phone: 287-8552
Perry Schrader, 2984 Shore Drive, Phone: 375-2996
Bart Brown 2401 Beirce Drive, Phone: 234-9450
Cecilia Cornelious, 2457 Tranquility Lane, Phone: 630-4963
Jeff Doy 1240 Paramore Drive, Phone: 288-8223
Rob Gill
ADJOURNED at 9:23 P.M.
August 3, 2021