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SEPTEMBER 21, 2021 FORMAL SESSION MINUTES
�\i BEtc 'ccN `'gyp r zt) s,) s s.o'�� t 9+5 $91��0�v O. OUF NRS10th VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 21, 2021 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in City Council Chamber, City Hall, on Tuesday, September 21, 2021, at 2:00 P.M. Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None 2 CITY COUNCIL'S BRIEFINGS AMERICAN RESCUE PLAN ACT(ARPA) FUNDING PROPOSALS UNITED WAY OF SOUTH HAMPTON ROADS ITEM#72035 2:00 P.M. Mayor Dyer welcomed Michele Anderson, President and CEO. Ms.Anderson expressed her appreciation to City Council for their continued support: : -- 4, -4eve it 4 j VBthrive _ United ,, .,a Way so `' Here is an overview of the United Way Proposal: United Way Proposal United VBthrive: $13,000,000 • Holistic approach to move families toward self-sufficiency • ALICE Households—50,000 in Virginia Beach • Minorities&Women General Business Relief: $8,500,000 • Based on demonstrated need and negative COVID impact SWaM Capital Access & Investment: $1,500,000 • Grants to small, women- and minority-owned businesses operating in Virginia Beach Nonprofit Support: $500,000 • Grants to nonprofits struggling to recover and those offering services related to VBthrive September 21, 2021 3 CITY COUNCIL'S BRIEFINGS AMERICAN RESCUE PLAN ACT(ARPA) FUNDING PROPOSALS UNITED WAY OF SOUTH HAMPTON ROADS ITEM#72035 (Continued) Here are the VBthrive Key Elements: VBthrive Key Elements United Way :,. Mentoring • One-on-one coaching to coordinate services and guide participants on their path to self-sufficiency Housing • Rent, mortgage, utility assistance and co-creation of new housing solutions with partners Workforce Readiness • Job training, upskilling, employment services in growing industry clusters Wraparound Supports • Gap filling to ensure program recipients can overcome barriers, meet urgent needs and focus on building long-term self-sufficiency This flow chart provides the program's process: How It Works United elk Way 1131• � Ilfilit s 74:,•n Achievement a Workforce Referral Partner Incentives / - Development Intake&Needs F, (Le,complete financial training) (Hampton Roads Workforce Council) Assessment • • • One-on-One Case T' Iffifr —4 Management ��—� Housing Input in Personalized (Hampton Road.Housing Conaonluml Centralized Action Plan \ 0 System a s&s- i onc°i �l 0 n 0 O O Wraparound Supports The future success of our community (The Foodbank,The Up Canal,ak.) is directly tied to the long-term financial stability of ALICE households. Thriving families invest back into their community. September 21, 2021 4 CITY COUNCIL'S BRIEFINGS AMERICAN RESCUE PLAN ACT(ARPA)FUNDING PROPOSALS UNITED WAY OF SOUTH HAMPTON ROADS ITEM#72035 (Continued) The Bridge to Self-Sufficiency is guided by four(4)pillars and ten (10)sub pillars: The Bridge to Self-Sufficiency Unwed; • ,, FAMILY STABILITY WELL-BEING FINANCIAL MANAGEMENT EMPLOYMENT ••. x..a I,kwn-c R fan** s . .a, . .r I r s'I". tBai I. ...0 *II* .Pw..wr I•+•rel I.m.l.... ........... KpR Iw......... noweanswin ws.•.Mr •... I .rwwl �•- soar*rom Iwaa.Yt. Burns,.s �- r.aah ray I.f.M .Yl.s..n p;�.i.a m...stli .�+m wis ........ IrOwarMFw (Incem.MAP M.O .I. W..11 is r..,-". __ ws� ra�s�= I.. l_ Ise Y e r m-m• *win* .w+_a M1orle...,.... p no w aw M mnm Iwr er -mw•• aowr. .w..O.„Y.r+ �I -ls� �rsi a a4 • -- .w �1.1,../ ......pew 1. .lr� �ep1 I....ar.....m sow y o ...Nov -e WM. sal a men IIw.eY.� Wrerw �w Kea �-ssl-+= on wnrr a Il ___. -w... ..a. - 'OAr�^4 an+w.lo l u+.�w m .en.* aei ..•nwo.w _ ar.p I mm r -�-�� • O.e. a aa. �•°ti .•-1 w� i•"••- no* .�.ya u.r I�.�-slap rM ...N.... r•1► F� /^_ wasp...� qq..y ` ~aww er+l'INew w ...del MIIO.Y•app• . rOp . r.4� r.s ...... -. e.m...e.l • -�-- Op...OED ApI.�iMw w*I. d I envrtl.bwp.p. ....n I Pd.ra Imo w nnwmanWO p.n.. .w• .e.,s+rw -..w ll... AIw i�+W.o..r a• n,,.. **ware �' m am e. ..N a... towel te5.41.45 Here are the Short and Long-Term Outputs: ited Measuring Success UnWay Short-Term Outputs • Number of referrals to program • Number of participants • Participant engagement(training/meeting attendance) Long-Term Outcomes • Goal achievement rate • Movement up the bridge • Increase in housing stability • Decrease in debt • Increase in educational attainment • Increase in savings • Increase in earned income • Increase in credit score Mayor Dyer expressed his appreciation to Ms. Anderson for the presentation. September 21, 2021 5 CITY COUNCIL'S BRIEFINGS AMERICAN RESCUE PLAN ACT(ARPA) FUNDING PROPOSALS FOODBANK OF SOUTHEASTERN VIRGINIA and EASTERN SHORE ITEM#72036 2:32 P.M. Mayor Dyer welcomed Bob Latvis, Chief Operations Officer. Mr. Latvis expressed his appreciation to City Council for their continued support: • eAil Reducing Food Insecurity in Virginia BeaC _ - , I Presented to: i0 Virginia Beach City Council By: t t Bob Latvis Chief Operations Officer 1 I 1 } Foodbank of Southeastern Virginia and the Eastern Shore Ai September 21,2021 - T ` • ' ., ,,A A • a04 • "1' YEARS • . `i "I have the audacity to -r believe that people everywhere can have • three meals a day for - their bodies,education `it and culture for their a ■ minds,and dignity, ` ■ ■ is equality,and freedom for their spirits." -Dr.Martin Luther King,jr. •(5 Fooa�x September 21, 2021 6 CITY COUNCIL'S BRIEFINGS AMERICAN RESCUE PLAN ACT(ARPA) FUNDING PROPOSALS FOODBANK OF SOUTHEASTERN VIRGINIA and EASTERN SHORE ITEM#72036 (Continued) This chart provides the Food Insecurity Rates by Percentage(5-Year Trends). Due to COVID-19, the 2020 food insecurity rate is projected to increase by 50%to 15.7%: Food Insecurity Rates by Percentage (5-Year Trends): Foodbank Here are some statistics on Food Insecurity in Virginia Beach: Food Insecurity in Virginia Beach •45057 • ✓ 10%• CEMIW MED , 9...tl on FMBEVA OI8m.opMY.1 IM1.o.n»). tract"" C�Foodbank as 3n September 21, 2021 7 CITY COUNCIL'S BRIEFINGS AMERICAN RESCUE PLAN ACT(ARPA) FUNDING PROPOSALS FOODBANK OF SOUTHEASTERN VIRGINIA and EASTERN SHORE ITEM#72036 (Continued) Here is a summary of the Virginia Beach Department of Human Services Amphitheater Distributions: > Building on Success of VBrelieJ.;, Virginia Beach Department of Hum an Services Amphitheater Distributions: December 22,2020: 34,t20 pounds or28,433 meals:750 VB households served February 23,202t ` ; 81,213poundsor67,678meals:1,600VBhouseholdsserved Its April27,2021: 132,122 pounds or 85,1)2 meals:1,428 VB households served ?: June 8,202t i,,. 104,982 pounds or 87,485 meals:1718 VB households served 1 c")Foodbank .ewew..s,a. The Vision Reimagined: Expanding Reach Through VBthrive ak- ��1 � �c l! .. 041‘i�f ":..f-511 L---."--.-;,If.11 1 757 r '' )Foodb nnk September 21, 2021 8 CITY COUNCIL'S BRIEFINGS AMERICAN RESCUE PLAN ACT(ARPA) FUNDING PROPOSALS FOODBANK OF SOUTHEASTERN VIRGINIA and EASTERN SHORE ITEM#72036 (Continued) Here is an overview of the 757 Mobile Market: 757 Mobile Market Serves low-income,corn m unities disparately impacted by food insecurity/low access to fresh fruits and vegetables and other healthy,nutritiousfoods•--VBthrlre funding will enable the Foodbank to m ore rapidly scale the initiative,with 70%of funding earmarked for food purchase hf„t .f� t • 1 1icun ......lbn rbdbn meltslncloEs povegyle al,M1omaownaMlp nl...BgAP EangX perc.nlpw,rwYVMM1nb l )Food bank Inlo,m gbn,unem pbym.nI 1• \/ grq�lpll �OMBgIq.N f s.tR Endin•k g in o unity Tog et het " Food bank a and the Eastern BtFii1ve x' sYri r + F - STIONS? koodbank Mayor Dyer expressed his appreciation to Mr.Latvis for the presentation. September 21, 2021 9 CITY MANAGER'S BRIEFINGS FY2021-22 MONTHLY FINANCIAL UPDATE ITEM#72037 2:54 P.M. Mayor Dyer welcomed to Kevin Kielbasa, Principal Accountant - Finance. Mr. Kielbasa expressed his appreciation to City Council for their continued support: amp FY 2022 Interim Financial Statements General Fund Overview—through August 31,2021 (Cash Basis and Unaudited) '( B September 21,2021 Here are the FY 2022 General Fund Revenues and Expenditures through August 31, 2021: FY 2022 General Fund Revenues and Expenditures through August 31,2021 ($Amounts in MiIkons) nudget YID Variance Revenues Local $ 1,039.0 $ 48.9 $ (990.1) State(includes PPTRA) 166.7 10.0 (156.7) Federal 24.1 3.6 (20.5) Total Revenues $ 1,229.8 $ 62.5 $(1,167.3) Expenditures City Operations $ 777.1 $ 135.1 $ 642.0 City Capital Projects-Cash Funding 74.6 74.6 - Transfer to Schools 456.9 76.1 380.8 Transfer to School Capital Projects 9.0 9.0 - Total Expenditures $ 1,317.6 $ 294.8 $ 1,022.8 Amounts appropriated from Fund Balance S 187.81 $ (232.31 (encumbrances,approved carrytorwards others) Department of Finance.September 21.2021.FY20221nirN1 2 September 21, 2021 10 CITY MANAGER'S BRIEFINGS FY2021-22 MONTHLY FINANCIAL UPDATE ITEM#72037 (Continued) Here are the FY 2022 General Fund Highlights-Local Revenues through August 31, 2021: FY 2022 General Fund Highlights - Local Revenues through August 31,2021 ($Amounts in Millions) YTD Actual as Over/(Under) Local Revenue YTD Budget YTD Actual %of Budget Budget Real Estate Tax $ 592.6 $ 2.0 0.3% $ (590.6) Personal Property Tax 119.0 2.1 1.8% (116.9) General Sales Tax 72.8 7.9 10.9% (64.9) Business Licenses 53.2 0.8 1.5% (52.4) Utility/Telecom Tax 44.5 5.4 12.1% (39.1) Restaurant Meal Taxes 39.8 10.3 25.9% (29.5) Hotel Taxes 7.2 3.7 51.4% (3.5) Other Local Taxes 33.4 3.6 10.8% (29.8) Charges for Services 43.9 7.7 17.5% (36.2) Other Revenues 17.8 3.0 16.9% (14.8) Total $ 1,024.2 $ 46.5 4.5% $ (977.7) Department of Finance.September 21,2021.FY2022 Interim FmanctalStabeill 3 Here are the FY 2022 General Fund Highlights-Expenditures through August 31, 2021: FY 2022 General Fund Highlights - Expenditures through August 31,2021 ($Amounts in Millions) YTD Actual as Over/(Under) Expenditure Types: YTD Budget YTD Actual %of Budget Budget Personnel: General Government $ 280.1 $ 39.0 13.9% $ (241.1) Public Safety-Fire 56.3 10.0 17.8% (46.3) Public Safety-Police 95.4 14.6 15.3% (80.8) Public Safety-EMS 9.4 1.6 17.0% (7.8) Public Safety-ECCS 9.6 1.2 12.5% (8.4) Other Operating Cost 227.5 46.1 20.3% (181.4) Debt Service 59.3 15.8 26.6% (43.5) Trsf to Schools-Operating and CIP 465.9 86.0 18.5% (379.9) Other Transfers 114.1 80.5 70.6% (33.6) Total $ 1,317.6 $ 294.8 22.4% $ (1,022.8) Department of Fnance September 21,2021,FY2022 Illiefirfl Finandar 4 September 21, 2021 11 CITY MANAGER'S BRIEFINGS , FY2021-22 MONTHLY FINANCIAL UPDATE ITEM#72037 (Continued) Here is the FY 2022 General Fund Summary: FY2022 General FundSummary J I ACTUAL REVENUES VTD=562.5 M/51,229.8 M 12 % r i� R% 20.5% ACTUAL EXPENDITURES YTD.S29421 M/S1,317.6 M ER NA /j_ 722% -/ 2 IMP*o/ ' o. Ea7%r )4% — � L.7% .... 'f ' aX% Ds% tLw 23% - 4.R% I., Lk, I.n. t,a� +t,r Ap, ,...� Inn %el FY2022 Esp Radpt —• FapTr!d - %of iY 2022 Rev Budget Rev Trend Department of Finance.September 21.2021.FY20221ntenm F.naecial . •, Summary — FY 2022 General Fund through August 31, 2021 • Total Revenues for FY 2022 are $9.9M greater than PY • Sales Tax continues to outperform PY. • Hotel and Meal tax exceeding pre-pandemic collections • Total Expenditures for FY 2022 are $41.9M greater than PY • Personnel Cost up 5.1% • Transfer to CIP projects-$74.6M in FY22, $48.8 in FY21 Department of Finance.September 21,2021,FY2022 Inver-,r na^^ial Statements . 6 September 21, 2021 12 CITY MANAGER'S BRIEFINGS FY2021-22 MONTHLY FINANCIAL UPDATE ITEM#72037 (Continued) Here are the Next Steps: Next Steps FY2022 September Update r19,2021 FY2021 Audited Financial Statements Update and FY2022 October Update December 7,2021 FY2022 November Update December 21,2021 Department of Finance.September 21.2021.FY2022 Interim FinanoralSbelet 7 Mayor Dyer expressed his appreciation to Mr. Kielbasa for the presentation. September 21, 2021 13 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH DEVELOPMENT AUTHORITY(VBDA)— CORPORATE LANDING BUSINESS PARK ITEM#72038 3:03 P.M. Mayor Dyer welcomed Emily Archer, Senior Planner/Urban Designer—Strategic Growth Area Office.Ms. Archer expressed her appreciation to City Council for their continued support: Corporate Landing 444 ,.." .,...- i Business Park ._ r-, , - Or VIRGINIA BEACH t wv Modifications to Design Criteria CORPORAIF $ uvxcI t11r City Council Briefing r Emily Archer, PLA tail r < , t,..e i September 21, 2021 Corporate Landing Business Park Corporate Landing-1990 Master Plan Corporate Landing-2021 Status / 4 / September 21, 2021 14 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH DEVELOPMENT AUTHORITY(VBDA)— CORPORATE LANDING BUSINESS PARK ITEM#72038 (Continued) Here is an overview of Corporate Landing Existing Design Criteria: Corporate Landing Existing Design Criteria • Original Proffers-June 13, 1988 DESIGN CRITERIA • Subsequent MOD Proffers 1989 • Design Criteria-September 26, �w�/ 1990 VVNTE •LANDING Subsequent MOD Proffers 1993 • Subsequent MOD Proffers 1996 • Design Criteria-Addendum#2- A DEVELOPMENT BY THE CITY OF August 18, 1998 VIRGINIA BEACH DEVELOPMENT AUTHORITY Corporate Landing Design Criteria Purpose 114' Purpose of the Design Criteria is to provide guidance on land use,site design, building design, landscaping, ,..� and signage to ensure a unified, CORPORATE LANDING ' qualitative park environment. BUSINESS PARK DESIGN CRITERIA September 21, 2021 15 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH DEVELOPMENT AUTHORITY(VBDA)— CORPORATE LANDING BUSINESS PARK ITEM#72038 (Continued) Here is the Corporate Landing Design Criteria Update: Corporate Landing Design Criteria Update °' w 1. Ensure that the Park remains relevant for v " current and future market opportunities 2. Reduce redundancy and better align the CORPORATE document with current code requirements LANDING 3. Consolidate multiple subsequent amendments RI l,,\r,\ x 1 into one user-friendly and attractive document PARK 4. Permit more flexibility with new and innovative materials and construction methods P 5. Provide more guidance on light industrial and r . x�r advanced manufacturing building types This slide provides a few benefits of the Design Criteria Updates: Design Criteria Updates • The current Design Criteria are outdated and no longer align with the development -- P pattern that was originally envisioned for v the Park • The new Design Criteria permit more flexibility with new and innovative _ materials and construction methods ti • The new Design Criteria provide more guidance on light industrial and advanced __„----� manufacturing building types, orientation tin - 7.7 Mika and façade articulation September 21, 2021 16 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH DEVELOPMENT AUTHORITY(VBDA)— CORPORATE LANDING BUSINESS PARK ITEM#72038 (Continued) The next two (2)slides provide setback and zoning requirements: Design Criteria Updates CURRENT UPDATED 11 -tai�' , SETBACKS: DESIGN DESIGN ZONING i , CRITERIA CRITERIA REQ. i'. a , k Min.Building Setback Dam 100ft. 50ft. 30ft. Y Neck Rd. Min.Building Setback Adjacent to Residential 75 ft. 50 ft. 25 ft. 4'.. Neighborhoods Y dr Min.Building and Parking 30 ft 11/ 30 ft.11/ Setback General Booth Blvd. 75 ft. 35 ft.B2 35 ft.B2 ,, 10 ft.Pkg Parking Setback 50 ft. 25 ft. 10 ft. �''t Corporate Landing Parkway / Poa i Parcel Under ' Wetlands Contract /A F F F 7 a. ' AVAILABLE / r 2 11 ' mREOB2 \,c A XEU USE OEVES* E J ;JII B? ```�`'.` 1tBACRE9 ^_ / E \�� /.:. .. f` t ... A AY/WAKE i- _v 1� !.1 RBDyIq /` M . 6ACRES / `. o r� # 4. • #t to \'' , % / 'r1. <*, •$ ' 0 Ate: a. It.. *_ '',,\ ..' AVAILABLE - O. �.. 11. ZONED t t r 4. i ! fit'h„ +�� e,/ �•; p * ` + lei G - 4 la • �/ s t 4 Sr . � , c tZ t�_ • V I< •. '$ t4 A. +'ice "*♦ September 21, 2021 17 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH DEVELOPMENT AUTHORITY(VBDA)— CORPORATE LANDING BUSINESS PARK ITEM#72038 (Continued) Here is an overview on the Outreach conducted: Outreach • In May 2021 a letter was sent to all non- VBDA owners explaining the update and F ROB LLc I �`� ail `i. lt, giving them the opportunity to be a party to J _ • this application s. FROB LLC @ 1280 Perimeter Parkway requested to be a co-applicant • If any other existing non-VBDA owned parcels want to redevelop,they will have to follow the former proffers and Design ''' ' \ Criteria. Or apply, individually,for inclusion in the new proffers and updated Design Criteria. • Planning Commission public hearing •,N. 8/11/21 r- Mayor Dyer expressed his appreciation to Ms.Archer for the presentation. September 21, 2021 18 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72039 3:14 P.M. Council Member Moss advised the School Board is currently reviewing their regulations to determine what the boundaries are for their parking lot and requested once the School Board makes a final determination, the Body has a discussion with the City Attorney to understand where the School Board parking lot ends and the City's begins to better manage various interfaces. September 21, 2021 19 CITY COUNCIL COMMENTS ITEM#72040 3:15 P.M. Council Member Wooten expressed her appreciation for the recent City Council Retreat, adding it was the best one she has attended. Mayor Dyer advised while the Retreat was good, he believes the next one can be improved by being held over a two (2) day period, as it has traditionally been held in the past, and provide topic information in advance to allow the Body more time to review the relevant materials. September 21, 2021 20 CITY COUNCIL COMMENTS ITEM#72041 (Continued) Council Member Wooten advised she has received feedback from attendees of the Ignite Business Series Bootcamp who indicated the SWaM Certification process was quality training and educational. Council Member Wooten expressed her appreciation to the staff for their support. September 21, 2021 21 CITY COUNCIL COMMENTS ITEM#72042 (Continued) Council Member Moss encouraged the public to vote "yes" on the Bond Referendum and advised more information on the "Ripple Effect"can be found on the City's website. Council Member Moss advised he spoke to the Republican Party on September 181", on behalf of Council Member Wilson, and again today to the Coastal Development Community, adding both speeches were well received. Council Member Moss advised he has found as he provides information on the Bond Referendum, more and more people are in favor. September 21, 2021 22 AGENDA REVIEW SESSION ITEM#72043 3:57 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Resolution SETTING FORTH the process re nomination and election of the Vice Mayor 2. Resolution to APPOINT Ashley-Loren Grant as Assistant City Attorney, effective September 23, 2021 3. Ordinance to TRANSFER$150,000 to the FY2021-22 Communications Office Operating Budget re Ripple Effect paid media campaign (Requested by Council Member Moss) 4. Ordinance to CARRY FORWARD and APPROPRIATE $18,312,054 to the FY 2021-22 Operating Budget re purposes previously approved in FY2020-21 September 21, 2021 23 AGENDA REVIEW SESSION ITEM#72043 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. THOMAS A.BROWN for a Variance to Section 4.4(b)of the Subdivision Regulations re subdivide two (2) lots to create a total of three (3) lots along Indian River Road just South of South Independence Boulevard DISTRICT 1 —CENTERVILLE 2. TED TIGNOR for a Change in NonconformiV re an addition and enlargement of existing dwelling at 501 Carolina Avenue DISTRICT 6—BEACH 3. VIRGINL4 BEACH DEVELOPMENT AUTHORITY/VIRGINIA BEACH DEVELOPMENT AUTHORITY& FROB, LLC for a Modification of Proffer to a Conditional Change of Zoning update Design Criteria re portion of Corporate Landing Business Park DISTRICT 7—PRINCESS ANNE(Deferred from September 7, 2021) 4. WAKEFIELD DEVELOPMENT, LLC/MERLIN BEILER, TRUSTEE OF THE ELVA Y. BEILER TRUST& OF ELVA Y. BEILER LAND TRUST for a Conditional Change of Zoning from R-15 Residential District & AG-1 Agricultural District to Conditional R-10 Residential District re develop an eighty-six(86)lot single-family community at 2328& 2264 Salem Road DISTRICT 7—PRINCESS ANNE 5. TWO FARMS, INC DBA ROYAL FARMS / HOLLOMON-BROWN FUNERAL HOME, BAYSIDE CHAPEL, INC for a Conditional Change of Zoning from 0-2 Office to Conditional B-2 Community Business and Conditional Use Permits re automobile service station and car wash facility at the Southeast Corner of General Booth Boulevard&Princess Anne Road DISTRICT 7—PRINCESS ANNE K.PLANNING ITEMS: ITEM#3 WILL BE CONSIDERED FOR DEFERRAL TO OCTOBER 19, 2021 ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER JONES WILL ABSTAIN ON ITEM#5 September 21, 2021 24 ITEM#72044 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 • Beach District PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(29) • Pembroke TIF/SSD 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 Lynnhaven Seat September 21, 2021 25 ITEM#72044 (Continued) Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council voted to proceed into CLOSED SESSION at 3:27 P.M. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Closed Session 3:27 P.M. — 5:25 P.M. September 21, 2021 26 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL SEPTEMBER 21,2021 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, September 21, 2021, at 6:00 P.M. Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None INVOCATION: Pastor Joshua Henson Grace Covenant Church 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. September 21, 2021 27 Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If during her review of an agenda,she identifies a matter in which she has a `personal interest",as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015 is hereby made a part of the record. September 21, 2021 28 ITEM— VILE CERTIFICATION ITEM#72045 Upon motion by Council Member Tower, 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, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 21, 2021 G1Nv''BFAc a .:cif •- 2 f : r S OF OUR RRS10M 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#72044 Page 25 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, C City Clerk September 21, 2021 29 ITEM— VILF MINUTES ITEM#72046 Upon motion by Council Member Wilson, seconded by Council Member Tower, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of September 7,2021 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 21, 2021 30 ITEM— VIL G. MAYOR'S PRESENTATION ITEM#72047 RECOGNITION OF KING NEPTUNE'S COURT Mayor Dyer welcomed Celebration Chairman, Jeff Marks and his wife Debbie Marks. Mr. Marks expressed his appreciation, on behalf of the Neptune Festival Organization, for the support the City continues to provide. This year is the forty-seventh King Neptune and Court. Mr.Marks presented KING NEPTUNE XL VII and HIS COURT: KING NEPTUNE XLVII PAT SHULER and LADYKIM 2021 ROYAL COURT TRITONS PRINCESSES PRINCES Lonnie Bush Caroline Camden *Fraser Boone Steve Childs Grace Ford Evan Nied Pete Graham Tae'ona Ford Russell Held Parker Matacunas Will Morrison Devon Parker Ashe Steve Romine Emmaline Prodan Aaron Rouse Sierra Ross David Stevens Hanna Williams Marissa Zmuda *Prince Fraser Boone was not in attendance King Shuler thanked the Mayor and City Council for their recognition and support of the Neptune Festival Organization, expressing it is an honor to represent the City. King Shuler advised this is not only the Festival of the City but also the Festival of the citizens and though last year was a difficult year for so many, this community will continue to persevere. King Shuler recognized the Princesses and Princes as shining examples of the best the City has to offer in education and citizenship. King Shuler expressed it is the hope of the Neptune Festival Organization that the entire City celebrates community,family, support for each other and a spirit of perseverance. Mayor Dyer advised it is a great honor to recognize the Royal Court and believes the organization demonstrates the tenacity and resilience of the City. Mayor Dyer wished King Shuler and his Royal Court great success. September 21, 2021 31 ITEM— VILH.1 PUBLIC HEARINGS ITEM#72048 Mayor Dyer DECLARED a PUBLIC HEARING: CREATE A COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY(C-PACE) FINANCING AND RESILIENCY PROGRAM The following registered to speak.• Barbara Messner, P. O. Box 514, spoke in OPPOSITION Ann Crenshaw, 5101 Cleveland Street#202, Phone: 705-3730, spoke in SUPPORT Charlotte Loen, 3360A South Battlefield Boulevard, Phone: 474-5895, spoke in SUPPORT Abigail Johnson, 249 Richmond Road, Phone: 415-307-7777, spoke in SUPPORT Karen Forget, 5101 Cleveland Street, Phone: 705-3730, spoke in SUPPORT Ruth Amundsen, 5614 Shenandoah Avenue, Norfolk, Phone: 478-3024, spoke in SUPPORT Scott Dicke, 954 North Potomac Street, Arlington, Phone: 703-344-6432, spoke in SUPPORT There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING September 21, 2021 32 ITEM— VILH.2 PUBLIC HEARINGS ITEM#72049 Mayor Dyer DECLARED a PUBLIC HEARING: ACQUISITION,BY AGREEMENT OR CONDEMNATION Eastern Branch Lynnhaven Dredging Transfer Station—2540 Virginia Beach Boulevard The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Martin Schildwachter, 3113 Blair Court, Phone: 703-867-1847, spoke in SUPPORT Ed Brandt, 3076 Yeates Lane, Phone: 270-1044, spoke in SUPPORT Frank Gurdziel, 2612 Boush Quarter Lane, Phone: 897-0125, spoke in SUPPORT Bob Simeone, 2700 Shepherds Quarter, Phone: 435-2271, spoke in SUPPORT Kevin Cosgrove, 673 Chesopeian Point, Phone: 412-8627, spoke in SUPPORT Chris Wood, 2859 Virginia Beach Boulevard, Phone: 675-0779, spoke in OPPOSITION Karen Forget, 5101 Cleveland Street, Phone: 705-3730, spoke in SUPPORT There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING September 21, 2021 33 ITEM— VII.1 FORMAL SESSION AGENDA ITEM#72050 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/Resolutions J: 1, 2, 3 and 4 and Planning Items K: 1, 2 and 3 Upon motion by Council Member Jones,seconded by Council Member Wilson, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions J: 1, 2, 3 and 4 and Planning Items K: 1, 2 and 3 (DEFERRED TO OCTOBER 19,2021) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None K.PLANNING ITEMS: ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER JONES WILL ABSTAIN ON ITEM#5 September 21, 2021 34 ITEM— VII.J.1 ORDINANCES/RESOLUTIONS ITEM#72051 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT,Resolution SETTING FORTH the process re nomination and election of the Vice Mayor Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 21, 2021 REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION SETTING FORTH THE PROCESS 2 FOR NOMINATION AND ELECTION OF THE VICE 3 MAYOR 4 5 WHEREAS, the recent resignation by Vice Mayor Jim Wood has created a 6 vacancy in the office of vice mayor; 7 8 WHEREAS, the election of vice mayor requires 6 affirmative votes; and 9 10 WHEREAS, City Council discussed methods of nomination and election of the vice 11 mayor at the September 14th retreat and directed this resolution be brought forward for 12 consideration at the following formal meeting; 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA, THAT: 16 17 The City Council hereby provides the following parameters for the nomination and 18 election of the vice mayor: 19 • A member may self-nominate; 20 • The nomination does not require a second; 21 • The method of election among those nominated shall be by roll call vote, 22 but if there are 3 or fewer nominations, the election may be conducted by 23 electronic vote with each nominee being assigned a color (green, red, or 24 yellow) for the vote; and 25 • Unless such meeting is adjourned, the nomination and vote process shall 26 be repeated until a nominee receives six affirmative votes. Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t day of September , 2021 . APPROVED AS TO LEGAL SUFFICIENCY: y's Office CA15542 R-1 September 14, 2021 35 ITEM— VII.J.2 ORDINANCES/RESOLUTIONS ITEM#72052 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Resolution to APPOINT Ashley-Loren Grant as Assistant City Attorney, effective September 23, 2021 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 21, 2021 1 A RESOLUTION APPOINTING ASHLEY-LOREN GRANT TO 2 THE POSITION OF ASSISTANT CITY ATTORNEY 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-166 of the City Code, Ashley-Loren Grant is hereby appointed 8 to the position of Assistant City Attorney, effective September 23, 2021. 9 10 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t day of 11 September , 2021 . APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: Mark D. Stiles, City Attorney CA15543 R-1 September 15, 2021 36 ITEM— VII.J.3 ORDINANCES/RESOLUTIONS ITEM#72053 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER$150,000 to the FY2021-22 Communications Office Operating Budget re Ripple Effect paid media campaign (Requested by Council Member Moss) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 21, 2021 REQUESTED BY COUNCILMEMBER MOSS 1 AN ORDINANCE TO TRANSFER $150,000 FROM THE 2 GENERAL FUND REGULAR RESERVE FOR 3 CONTINGENCIES FOR THE RIPPLE EFFECT PAID MEDIA 4 CAMPAIGN 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $150,000 is hereby transferred from the General Fund Regular Reserve for 10 Contingencies to the FY 2021-22 Operating Budget of the Communications Office to 11 support "The Ripple Effect" paid media campaign. As required by Virginia Code § 24.2- 12 687(B), all such materials or advertisements shall provide neutral information concerning 13 issues of public concern that are the subject of the 2021 bond referendum. Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t day of September , 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: budget a d Management Services • or y's Office CA15539 R-1 September 9, 2021 37 ITEM— VII.J.4 ORDINANCES/RESOLUTIONS ITEM#72054 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to CARRY FORWARD and APPROPRL4TE$18,312,054 to the FY 2021-22 Operating Budget re purposes previously approved in FY2020-21 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 21, 2021 1 AN ORDINANCE TO CARRY FORWARD AND 2 APPROPRIATE $18,312,054 FOR PURPOSES 3 PREVIOUSLY APPROVED IN FY 2020-21 INTO THE FY 4 2021-22 OPERATING BUDGET 5 6 WHEREAS, funding totaling $18,312,054 was unexpended at the close of Fiscal 7 Year 2020-21 and requires re-appropriation to achieve the purposes for which such funds 8 were included in the FY 2020-21 Operating Budget. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That $18,312,054 is hereby appropriated in the FY 2021-22 Operating Budget for 14 the purposes and amounts as set forth in the attachment entitled "Exhibit A: FY 2020-21 15 Items Requested for Carry Forward into FY 2021-22," with a corresponding increase in 16 specific fund reserve revenue from each respective fund stated therein. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t day of September , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J - � J udget and Management Services City At orn Office CA15538 R-1 September 9, 2021 Exhibit A: FY 2020-21 Items Requested for Carry Forward into FY 2021-22 General Fund Department Amount Purpose Police $ 80,000 Staffing and Structure Assessment approved by Council in April 2021. Police $ 99,000 Funding for intelligence software transferred to Police from Economic Development. Police $ 9,600 Funding for Animal Control to purchase small animal/reptile caging system. Police $ 886,383 Implementation of in-car cameras for approximately 220 vehicles to be completed by December 2021. Cultural Affairs $ 115,000 5/31 Memorial Consultant funding previously approved by City Council. Housing&Neighborhood Preservation $ 120,242 VB Home Now funding for addressing homelessness.Funds must be used for appropriated purpose to be in compliance with donation. Fire $ 70,150 Funding for Nitrile glove contract unable to be encumbered before end of the fiscal year. Equipment associated with the opening of the South Building that was Virginia Aquarium $ 73,000 delayed from May to October 2021. Emergency Medical Services $ 15,000 Inventory management system purchase unable to be encumbered by the end of the fiscal year. Non Departmental Vehicle Replacements $ 950,741 Funding for Vehicle Replacement Program vehicles were unable to be purchased during the fiscal year. Public Works-Operations $ 462,232 Annual contract with Cartegraph for asset management. Human Resources $ 200,000 Funding for market salary survey to be conducted during FY 2022. Parks&Recreation $ 50,000 Surfacing for skateboard ramp at Mt.Trashmore Planning $ 238,000 Microtransit Demostration Project with HRT. HRT to advertise RFP in the coming weeks with goal of contract award by December General Government $ 7,377,181 City Council initiatives and pandemic response as needed. General Government $ 1,000,000 City Manager dedicated reserve for pandemic response. City Council $ 2,350 Remaining balance of funds previously approved for the Ignite Series General Fund Total $ 11,748,879 Waste Management Enterprise Fund Public Works $ 2,995,699 Funding for Vehicle Replacement Program vehicles were unable to be purchased during the fiscal year. Waste Management Enterprise Fund Total $ 2,995,699 Water and Sewer Enterprise Fund Public Utilities $ 1,229,480 Funding for Vehicle Replacement Program vehicles were unable to be purchased during the fiscal year. Water and Sewer Enterprise Fund Total $ 1,229,480 Fuel Internal Service Fund Public Works $ 527,000 Fuel Tank Replacement Fuel Internal Service Fund Total $ 527,000 Parks and Recreation Special Revenue Fund Parks and Recreation $ 440,856 Summer Youth Employment Program Parks and Recreation Special Revenue Fund Tots $ 440,856 Federal Section 8 Program Housing and Neighborhood Preservation $ 406,799 Funding for Equity Professional Development and HCV Administrative Funds provided through the Federal Section 8 fund. Federal Section 8 Program Total $ 406,799 Landscaping Internal Service Fund Parks and Recreation $ 380,000 Funding for Vehicle Replacement Program vehicles were unable to be purchased during the fiscal year. Landscaping Internal Service Fund Total $ 380,000 Tourism Investment Program(TIP)Fund Funding for Vehicle Replacement Program vehicles were unable to be Public Works $ 262,539 purchased during the fiscal year. Parks and Recreation $ 85,000 funding for ADA ramp replacement at Grommet Park. Tourism Investment Program(TIP)Fund Total $ 347,539 Parks and Recreation Gift Fund Parks and Recreation Donations for Postponed Programs as a result of Parks and Recreation $ 8,025 COVID Parks and Recreation Gift Fund Total $ 8,025 Library Gift Fund Library $ 227,777 Bookmobile Replacement Library Gift Fund Total $ 227,777 $ 18,312,054 Total FY 2020-21 to FY 2021-22 Carry Forwards 38 ITEM— VILK.1 PLANNING ITEM#72055 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of THOMAS A. BROWN for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) lots to create a total of three (3) lots along Indian River Road just South of South Independence Boulevard DISTRICT 1 — CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THOMAS A. BROWN for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) lots to create a total of three (3) lots along Indian River Road just South of South Independence Boulevard (GPINs 14740864520000, 14740883860000)DISTRICT 1 —CENTERVILLE The following conditions shall be required: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Subdivision Exhibit of Parcel Designated as '1.90 Ac.'and `Residual of Parcel C"'dated January 28, 2021, prepared by Gaddy Engineering Services, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter, the "Subdivision Plans'). 2. Access to Parcels C-1 and C-2 shall be provided via a singular curb cut in order to reduce impact to Indian River Road. 3. No structures shall be constructed on Parcel C-1 within 90 feet of the Indian River Road right-of-way, as depicted on the exhibit identified in Condition 1 above. 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 21" day of September Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 21, 2021 08V OOP OZ£ OIZ 09L 08 Ob 0 load mom. — 6uipjin9 1 J 6uiuoz s peoj aan!I ue!pui suo6Alod ApadoJd ,A- M UMOJB IfSeWOyl oi!s %///. N W O <31 q 0 1.1:1 CC, <> Vi. ...e..\16,., (--) \ c0 Vc\-- 0 ' ,\\.\ arm , \ '----P \,, ' x, --r\\ 01=N , /, 0 iac'3_,Vai _c-' \ ...xxxx //.' .-/-/\ -o _\!:= -_:‘%- ---0 ,\ 01.N ) '\/co --01) ) _\ .--(\ \c • \\4 0 o ,o _ ,...6 0 \ \----0 i .‘, --3 \ 0 18 \ MI i d _—auaj►.gdr--_""-_� aue�l i Dc\ 1 \,, Oa i 0 I \ w Z I.tf 39 ITEM— VIL.K.2 PLANNING ITEM#72056 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of TED TIGNOR for a Change in Nonconformity re an addition and enlargement of existing dwelling at 501 Carolina Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA TED TIGNOR for a Change in Nonconformity re an addition and enlargement of existing dwelling at 501 Carolina Avenue(GPIN 2427132281)DISTRICT 6—BEACH The following conditions shall be required: 1. There shall be no development of the site beyond the improvements shown on the submitted site plan entitled, "ADDITION AND REMODEL TO 501 CAROLINA AVENUE," dated June 14, 2021 and prepared by Residential Designs,LTD., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. The principal dwelling unit shall not be used for Short Term Rental. 3. The gravel parking area located between the principal dwelling unit and Baltic Avenue shall be restored to a pervious surface area and shall not be utilized for parking unless the appropriate permit is obtained from the City 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 21' day of September Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 21, 2021 1 A RESOLUTION AUTHORIZING AN EXPANSION OF A 2 NONCONFORMING USE ON PROPERTY LOCATED AT 3 501 CAROLINA AVENUE 4 5 WHEREAS, Ted Tignor (the "Applicant") has made application to the City Council 6 for authorization to expand the primary nonconforming dwelling at 501 Carolina Avenue 7 and zoned R-5S Residential Zoning District with the expansion of the primary 8 nonconforming dwelling; 9 10 WHEREAS, this parcel currently contains two dwellings which is not allowed in the 11 R-5S Zoning District, but the dwellings were constructed prior to the adoption of the 12 applicable zoning regulations and are therefore nonconforming; 13 14 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 15 approval of this application on August 11, 2021; and 16 17 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 18 of a nonconforming structure is unlawful in the absence of a resolution of the City Council 19 authorizing such action upon a finding that the proposed structure as expanded will be 20 equally appropriate or more appropriate to the zoning district than is the existing structure. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed primary nonconforming 26 dwelling as expanded, will be equally appropriate to the district as is the existing primary 27 nonconforming dwelling under the conditions of approval set forth herein below. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the expansion of the primary nonconforming dwelling is hereby authorized, 33 upon the following conditions: 34 35 1. There shall be no development of the site beyond the improvements shown on 36 the submitted site plan entitled, "ADDITION AND REMODEL TO 501 CAROLINA 37 AVENUE," dated June 14, 2021 and prepared by Residential Designs, LTD., 38 which has been exhibited to the Virginia Beach City Council and is on file in the 39 Department of Planning & Community Development. 40 41 2. The principal dwelling unit shall not be used for Short Term Rental. 42 43 44 3. The gravel parking area located between the principal dwelling unit and Baltic 45 Avenue shall be restored to a pervious surface area and shall not be utilized for 46 parking unless the appropriate permit is obtained from the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t day of Sep ember , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 2 1..1' [NIN(aNn-k) Planning and Oommuhity City Attorney's Office Development CA15504 R-2 August4, 2021 2 On 00Z 096 OZl 08 Ot 0Z 0 lead Immum No 6uiplin8 6uiuoZ s anuanv eu!Ioaeo l,05 suo6AIod AadoJd 110h. aou6il pal ai"S N V) "‘ _____-- W ,___--- _,,,.---- — 0 Tiro O S5�1. 1 _ 1 � 0 � 1i 5�5�� u�.N o 0 0 a �u��• a CO ° an \ c3c), Q SS�I0 O 7 �� 1, ,_-,0\ 1 �,,,;,�,, `��, ----__� S 5 ik,,,v,,,„, \ o'P l S'S21 \ta �u�I cog_o I \ \ vrr-s , 0 \m en uand -03 d ______- l ' Q' 0 Q , ,,,, 0 0 ' , 0 , , q ' �l t S o S ' b C' . ° 5\ ' 11141 y ° o , o ,6a1-n_-- --1-:3- - ® 3 ---- a d-el -------- \ m '_, Gnu SM \ /--- x ` m\\03\n\ an , mu b 3 p \ o \_______, \ o .fig 0 1 ./-----------__ , 7- , \ , , ___ �'' 40 ITEM— VILK.3 PLANNING ITEM#72057 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council DEFERRED TO OCTOBER 19, 2021, BY CONSENT, Application of VIRGINIA BEACH DEVELOPMENT AUTHORITY/ VIRGINIA BEACH DEVELOPMENT AUTHORITY & FROB, LLC for a Modification of Proffer to a Conditional Change of Zoning update Design Criteria re portion of Corporate Landing Business Park DISTRICT 7— PRINCESS ANNE (Deferred from September 7, 2021) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 21, 2021 41 ITEM— VII.K.4 PLANNING ITEM#72058 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 Tina Milligan, Newcastle Civic League—President, 3801 Southcross Court, Phone: 406-3388, expressed concerns of potential flooding Joe Milligan, 3801 Southcross Court, Phone: 406-3388, expressed concerns of potential flooding Upon motion by Council Member Henley, seconded by Council Member Jones, City Council APPROVED, AS PROFFERED, Application of WAKEFIELD DEVELOPMENT, LLC/MERLIN BEILER, TRUSTEE OF THE EL VA Y.BEILER TRUST& OF EL VA Y.BEILER LAND TRUST for a Conditional Change of Zoning from R-15 Residential District & AG-1 Agricultural District to Conditional R-10 Residential District re develop an eighty-six(86)lot single-family community at 2328 & 2264 Salem Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA WAKEFIELD DEVELOPMENT, LLC / MERLIN BEILER, TRUSTEE OF THE ELVA Y.BEILER TRUST& OF EL VA Y. BEILER LAND TRUST for a Conditional Change of Zoning from R-15 Residential District & AG-1 Agricultural District to Conditional R-10 Residential District re develop an eighty-six (86) lot single-family community at 2328 & 2264 Salem Road (GPINs 1484163140, 1484058862) DISTRICT 7 — PRINCESS ANNE 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(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21' day of September Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 21, 2021 WAKEFIELD DEVELOPMENT LLC,a Virginia limited liability company MERLIN BEILER,TRUSTEE UNDER THE ELVA Y. BEILER LAND TRUST MERLIN BEILER,TRUSTEE UNDER THE ELVA Y. BEILER TRUST TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 31st day of July, 2020, by and between WAKEFIELD DEVELOPMENT, LLC, a Virginia limited liability company, party of the first part, Grantor; MERLIN BEILER, TRUSTEE UNDER THE ELVA Y. BEILER LAND TRUST, party the second part, Grantor; MERLIN BEILER,TRUSTEE UNDER THE ELVA Y. BEILER TRUST,party of the third part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of a parcel of land located in the Princess Anne District of the City of Virginia Beach containing approximately 28.611 acres which is more particularly described as"PARCEL ONE"on Exhibit"A"attached hereto and incorporated herein by this reference. Said parcel along with PARCEL TWO as described on Exhibit "A" are herein collectively referred to as the "Property"; and WHEREAS, the party of the third part is the owner of a parcel of land located in the Princess Anne District of the City of Virginia Beach containing approximately 11.426 acres which is more particularly described as "PARCEL TWO" on Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel along with PARCEL ONE as described on Exhibit"A" are herein collectively referred to as the "Property"; and GPIN: PARCEL ONE 1484-16-3140-0000 PARCEL TWO 1484-05-8862-0000 Prepared by: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 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-15 Residential District and AG-1 Agricultural District to Conditional R-10 Residential 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 uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with 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, in addition to the regulations provided for the Residential District by the existing overall Zoning Ordinance, 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, for themselves, 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 make 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,their successors,personal representatives,assigns,grantees,and other successors in interest or title: 1. When the Property is subdivided and developed, it shall have the entrances, neighborhood identification sign, street sections, landscaping, and open spaces substantially as depicted and described on the exhibits entitled, "BEILER PROPERTY - Virginia Beach, Va. 2 CONCEPTUAL DEVELOPMENT PLAN" dated July 31, 2020, "BEILER PROPERTY-Virginia Beach, Va. ENLARGED PLAN" dated July 31, 2020, and "BEILER PROPERTY VIRGINIA BEACH, VA Conceptual Turn Lane Exhibit"dated July 30,2020,prepared by Timmons Group,copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter,the "Conceptual Subdivision Plans"). 2. When the Property is developed, it will be subdivided into no more than eighty- six(86) single family residential building lots. The eighty-four(84) new homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 2,400 square feet of living area for a two story dwelling and 2,000 square feet of living area for a one story dwelling. Each home shall have the architectural features, exterior building materials and no less than a two (2) car garage substantially as exhibited and described on the three (3)page pictorial exhibit designated "Beiler Property — House Product Examples" dated July 30, 2020, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "New Home Depictions"). 3. When the Property is developed as noted on page 1 of the"New Home Depictions", the materials to be used on the front,sides and rear of all new residential structures shall consist of brick,masonry(stone),cementitious siding(e.g.,"HardiPlank"),or high-quality vinyl siding or substantially similar material. Vinyl siding shall be a minimum of 0.044 inch thick lapped or beaded siding only. Dutch lap siding shall not be permitted. 4. When the Property is developed, the party of the first part shall record a Declaration submitting the building Lots and all of the other properties, and where applicable any easements outside the public rights of way to a mandatory membership Home Owners' Association which shall be responsible for maintaining the community park, all open spaces, common areas,vegetated buffer easement, entrance feature signage and landscaping and other improvements,including the eight foot (8') wide multipurpose path and surrounding landscape buffers within the twenty foot (20') wide Open Space Parcel to be deeded to the Home Owners' Association, on the Property as depicted on the Subdivision Plans. 5. Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 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 name of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Wakefield Development, LLC, a Virginia limited liability company By: TMPR, LLC, a Virginia limited liability company, its Manager By: (SEAL) R ymond L.Gottlieb, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: n(� The foregoing instrument was acknowledged before me this_ day of�1'lldp S k, 2020, by Raymond L. Gottlieb, Manager of TMPR, LLC, a Virginia limited liability company, Manager of Wakefield Development, LLC,a Virginia limited liability company, Grantor. eastitiryi_ Nota „Bi blig,, ,`.•%.���g JAI.0 °,„, My Commission Expires: / i . '' '- Notary Registration Number: 7el* L 7. : P�B is '�� ' n : REG.#7552 1 Q .▪ 0 ' !�,E�MRESION:A �,�'. FEB.28,2021 :\Q. 5 WITNESS the following signature and seal: Grantor: The Elva Y. Beiler Land Trust t By: l✓ (SEAL) Merli Beiler,Trus e STATE OF ccu & L CITY/COUNTY OF fg/k%//r ,to-wit: The foregoing instrument was acknowledged before me this ' day of 2020,by Merlin Beiler,Trustee under the Elva Y. Beiler Land Trust,Grantor. r _�4 4 ✓���pC �'L'FYI"" e; J Notary Public My Commission Expires: 13ee /✓`- 'Z� Notary Registration Number: /o Yl 6 WITNESS the following signature and seal: Grantor: The Elva Y. Beiler Trust By: .cJ (SEAL) Merli Bei er, ustee STATE OF S v k44A CITY/COUNTY OF ate,I l e ,to-wit: The foregoing instrument was acknowledged before me this S day of /� , 202.0;`by•Merlin Beiler,Trustee under the Elva Y. Beiler Trust, Grantor. A� P P1k _ Notary Public My Commission Expires: /i« i5 �0ay Notary Registration Number: /D977 7 EXHIBIT "A" PARCEL ONE: ALL THAT certain parcel, tract or piece of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "PARCEL B-2", as shown on that certain plat entitled, "SUBDIVISION PLAT OR REMAINDER OF PARCEL B, SUBDIVISION OF PROPERTY OF ELVA Y. BEILER,VIRGINIA BEACH, VIRGINIA (D.B. 3462, PG. 1273) (W.B. 61, PG. 129) (M.B. 240, PG. 6)" dated December 31, 2008, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,as Instrument Number 20100413000338560. GPIN: 1484-16-3140-0000 PARCEL TWO: ALL THAT CERTAIN lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach,Virginia, designated as "PARCEL A,AREA= 11.426 ACRES",as shown on the plat entitled, "SUBDIVISION OF PROPERTY OF ELVA Y. BEILER, KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA", dated Nov. 22, 1994, made by The TAF Group, which plat was recorded December 19, 1994 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 240, at Page 6. GPIN: 1484-05-8862-0000 H:\AM\Conditional Rezoning\Wakefield Development\Proffer Agreement.docx 8 OZ9'L OS£'L 080'L 01.8 OtIS OLcl£6 0 lead wimm — 6u!plin8 6u!uoZ S peo21 WOWS 179ZZ '8 8Z£Z suo6Alod Apadad a %�, Ni oil `�uauadolanaa pla!�a�ieM al!s FMI. N a�. 0 U aA - £ �:4 . 91.13\ 0i1.145k Z9V 0 C� `0,1Qo Ott.s ,0 , , Viz? 00o0d 4 Z Jb� a---,i n (o 41 a , 4&. / ;i1 5 �`21 ‘-'" . 4•?'•C'P'(?ti ° °= \Q.......,0,\S "rj 5 1 5 Pi 0 0 k, ---,OS, i thioeV - ' 0 0 L „,,,,,,, " r ze/A..., . --<, .,„,,j ,;41,,,ii: 4_,‘ wili- , iy,,,0. 4 tA -`ci9/14 ----7--- 4a INISS° 1\74 / �0 S • . 514:1 ! � ZJ . ©o 5 �21,Jd � , ii. 4 ts .. . , tv c!? :.,1,(ic,,,, afrti o/ � o& i . Q,O . © a o., v bJ d. 8SL- ? �� / Do/ �'Q , Q . � % oo ♦ %,4Tea `��� 5' � .dv/// �a ' - oo� bc, OO , ao �� �oa � O ! QGo \ ' 0°: .,.,, Q, do � pz 4" ` o ; 5�; 19a • n d�_ � 0o flos 0 a o q O a de �<ai/ ° roc, � �' °ao o °Q Q,. oQ p ! o ' Sj �l ,u�- 0 _ �9 ❑ Uo 0 Q . Cn° ; CodO0� 1, oloO •' ° 50 r / 9 ° aaa O \Jl� o5/ `e � a bG4 ( v0° ►, , °d/ ac '%Scl...4 1. derite ,oQGb'�rM5ata oa o N.1 � o o;5� a a ,00 ' �° a op � aQ p � � lel .o• 7 a4 7j D Q • 0 / fn 42 ITEM— VII.K.5 PLANNING ITEM#72059 The following registered to speak: R. J. Nutter, Attorney representing Applicant, 222 Central Park Avenue, Phone: 687-7502, spoke in SUPPORT Jennifer Ritter, 5705 Lynnhaven Parkway#109, Phone: 615-2046, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Susan Kellam, 2385 Princess Anne Road, Phone: 427-0091, spoke in OPPOSITION Renee Haynes, 2309 Barn Sallow Court, Phone: 761-0464, spoke in OPPOSITION Judy White, 2252 General Booth Boulevard, Phone: 426-7807, spoke in OPPOSITION Donna Franken, 4161 West Road, Phone: 771-1513, spoke in OPPOSITION Daniel Franken, 4161 West Road, Phone: 771-1513, spoke in OPPOSITION Gene Estes, 2940 Wood Duck Drive, Phone: 641-2962, spoke in OPPOSITION Marie Grindle, 2973 Enchanting Circle, Phone: 376-0640, spoke in OPPOSITION Catherine Kellam, 2385 Princess Anne Road, Phone: 777-2635, spoke in OPPOSITION Bob Longworth, Nimmo Cemetery Association -President, 1745 Lapstons Court, Phone: 427-6236, spoke in OPPOSITION Lisa Vann, 108 Point Lane, Knotts Island, NC., Phone: 404-8747, spoke in OPPOSITION Mark Johnson, 1112 Horn Point Road, Phone: 435-3524, spoke in OPPOSITION Upon motion by Council Member Henley, seconded by Council Member Wilson, City Council APPROVED,AS PROFFERED,AS CONDITIONED,AS AMENDED,Application of TWO FARMS, INC DBA ROYAL FARMS I HOLLOMON-BROWN FUNERAL HOME, BAYSIDE CHAPEL,INC for a Conditional Change of Zoning from 0-2 Office to Conditional B-2 Community Business and Conditional Use Permits re automobile service station and car wash facility at the Southeast Corner of General Booth Boulevard&Princess Anne Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA TWO FARMS, INC DBA ROYAL FARMS /HOLLOMON- BROWN FUNERAL HOME, BAYSIDE CHAPEL, INC for a Conditional Change of Zoning from 0-2 Office to Conditional B-2 Community Business and Conditional Use Permits re automobile service station and car wash facility at the Southeast Corner of General Booth Boulevard & Princess Anne Road (GPIN 2414050844)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: CONDITIONAL CHANGE OF ZONING An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. September 21, 2021 43 ITEM— VILK.S PLANNING ITEM#72059 (Continued) CONDITIONAL USE PERMIT 1. Vehicular access along General Booth Boulevard shall be limited to a right in only in 2. A maximum of thirty-six(36)parking spaces shall be permitted unless approved by the Planning Director pursuant to Section 203(b)(9). 3. When the property is developed, any freestanding monument sign shall substantially adhere in appearance, size and materials to the elevations entitled, "Royal Farm — Store 445 Virginia Beach, VA,"prepared by Absolute Signs & Neon, dated February 2, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8)feet in height, set in a brick base, as noted in condition 3. c. No striping shall be permitted on the fuel canopy. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles, or any other portion of the site. 5. At the time of site plan review, a Landscape Plan that reflects the plant material depicted on the submitted Conditional Use Permit Exhibit noted in proffer 1 above, along with all applicable requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center and shall obtain approval prior to the issuance of a building permit. 6. All air pumps and vacuum stations shall be screened from the right-of-way with plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 7. Outdoor vending machines and/or display of merchandise may be permitted only if fully screened from view from the rights-of-way as approved by the Planning Director. 8. 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. 9. All light poles shall be no taller than 14 feet in height and all lighting shall be shielded to be contained on site. September 21, 2021 44 ITEM— VILK5 PLANNING ITEM#72059 (Continued) 10. 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. 11. The applicant shall employ ground penetrating radar or other electronic method to investigate the entire site to look for evidence of human remains. This process shall be done under the direction of a professional archeologist that meets the Secretary of Interior's standard for archaeology. A written report shall be provided to the Planning Department prior to construction. 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 21' day of September Two Thousand Twenty One. Voting: 7-2 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Aaron R. Rouse, Guy K Tower and Rosemary Wilson Council Members Voting Nay: John D. Moss Sabrina D. Wooten Council Members Absent: Louis R.Jones—filed an Abstention Letter but stepped out during discussion and vote September 21, 2021 J14`olik.BE:4, o rZ u 5 City of Virginia Beach \ OF OUR NAS0ON� LOUIS R.JONES PHONE: (757)583-0177 COUNCILMAN-DISTRICT 4-BAYSIDE FAX: (757)426-5669 Refer to File No. 0072678 September 21, 2021 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure 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 disclosure regarding City Council's discussion and vote on the application of Two Farms, Inc DBA Royal Farms / Hollomon-Brown Funeral Home, Bayside Chapel, Inc. for a conditional change of zoning(0-2 Office District to Conditional B-2 Community Business District), a conditional use permit (Automobile Service Station), and a conditional use permit(Car Wash Facility) for property at the Southeast Corner of General Booth Boulevard and Princess Anne Road. 2. Hollomon-Brown Funeral Home, Bayside Chapel, Inc. owns property located adjacent to the property that is the subject of this application. 3. I have an ownership interest in Hollomon-Brown Funeral Home, Inc. The company's corporate headquarters are located at 1457 Independence Blvd,Virginia Beach, Virginia. 4. I wish to disclose this interest and abstain from voting on this matter. 1008 WITCH POINT TRAIL,VIRGINIA BEACH,VA 23455-5645 Mrs. Amanda Barnes -2- September 21, 2021 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(F) I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, ,G Louis R. Joni Councilmember LJR/DRH Prepared By: RJ Nutter,H,Esq.(VSB No. 17774) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT THIS AGREEMENT is made as of this 19th day of July, 2021, by and between HOLLOMON-BROWN FUNERAL HOME, BAYSIDE CHAPEL, INC. a Virginia corporation, (hereinafter HOLLOMON-BROWN) and TWO FARMS, INC., a Maryland Corporation, (hereinafter referred to as ROYAL FARMS), and hereinafter both are collectively referred to as"Grantor" and each shall be indexed as Grantor; and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia(hereinafter referred to as the"Grantee",and to be indexed as Grantee). WITNESSETH: WHEREAS, the HOLLOMON-BROWN Grantor is the current owner of that certain property located in the City of Virginia Beach, Virginia located at the southeast intersection of General Booth Boulevard and Princess Anne Road whose GPIN Number is 2414-05-0844 and which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit A; hereinafter the"Property". WHEREAS, ROYAL FARMS, the contract purchaser of the Property has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from 0-2 to Conditional B-2. WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation. The Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation to which the Grantor's' rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning districts by the existing City's Zoning Ordinance(CZO),the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided,however,that such conditions shall continue despite a subsequent amendment if the GPIN NO.:2414-05-0844 subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers(collectively, the "Proffers") shall constitute covenants running with the said Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: 1. When developed, the Property, shall be in substantial conformity with the preliminary site plan entitled "Concept Site Plan", dated June 2nd, 2021 prepared by Kimley-Horn Associates (hereinafter "Site Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. When developed the elevations and building materials of the convenience store, fuel pumps, canopy areas and the car wash shall be built in substantial accordance with the six-page exhibit prepared by Ratcliffe Architects entitled "Royal Farms #445, Virginia Beach, Virginia" and dated June 3rd, 2021 a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 3. When developed, a photometric plan for the exterior portions of the Property shall be provided as part of the final site plan submittal. All exterior lighting shall be directed down and inward toward the property and away from adjacent properties. 4. Any trash compactors located on the Property when developed shall be screened in accordance with the Virginia Beach Landscaping Guide. 5. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 6. All references hereinabove to zoning districts and to regulations applicable thereto,refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, 2 including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2)the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code,the CZO or this Agreement,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia and indexed in the name of the Grantors and Grantee. Upon acquisition of the Property by Contract Purchaser, Contract Purchaser shall succeed to all rights and obligations of the"Grantors"under this Agreement,and Owner shall have no further rights or obligations of a"Grantor"under this Agreement. [Remainder of page intentionally left blank. Signature pages to follow.] 3 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR: HOLLOMON-BROWN FUNERAL HOME, BAYSIDE CHAPEL, INC. a Virginia corporation By: g21,i g-. Name: Aou[a 7, :TO&es Title: 77.4_s ice f COMMONWEALTH/STATE OF VI 1 MlC,-- CITY/COUNTY OF V 160,- , to-wit: ,, ' , The foregoing instrument was acknowledged before me this dam day of Si lq , 2021, by fAtl i S �6i .5 , who is personally known to me or has poduced �' of VA OOriV- Y'S License as identification, it /her capacity as i e&iel>!,r��' Hollomon-Brown Funeral Home, Bayside Chapel, Inc., on behalf of the company. I a i__-)# Not Public My Commission Expires: 6 13o /,20)-q Registration No. (1r/ (0 3 I 4011 I u ll,,, [NOTARIAL SEAL/STAMP] • .4. .QED �/i i D# 1 : Seit . z - r 'illliii 4 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR: TWO FARMS,INC. a Maryland corporation By: �• Name: ilk•_�r..� -"S". L � Title: ►, � 1 ���� COMMONWEALTH/STATE OF rY CITY/COUNTY OF CarrOk 1 ,to-wit: h The foregoing instrument was acknowledged before me this 2.0 day of Juth 2021, by Jp* WO* , who is personally known to me or has,pfoduced -privet's License as identification, in his/her capacity ast hid Fitureti Officer of TWO FARMS, INC., on behalf of the company. MELANIE LYNN AMNEHARTNotary Puble Carroll County, ry ottary PublicMy CommIsako Noires / r � My Commission Expires: O •t: Registration No. 01 c t tit [NOTARIAL SEAL/STAMP] ,i: O, % 5 Exhibit A Legal Description 113696166 6 r .n• Chicago Title Insurance Company EXHIBIT A•LEGAL DESCRIPTION That certain lot, piece or parcel of land, lying and being in City of Virginia Beach, Virginia, known and designated as "Parcel A-1-A", containing 3.334 acres, more or less, as shown on that certain plat entitled "Resubdivislon of Parcel A-1 Being a Resubdivislon of Parcel A, a Resubdivision of Parcels 13 & 13B and a Portion of Property of Nimmo United Methodist Chrch (M.B, 215, P. 99), Princess Anne Borough, Virginia Beach, Virginia', dated August, 1992, made by John E. Sirine and Associates, Ltd., and duly recorded in the Clerk's Office, Circuit Court, City of Virginia Beach, Virginia, in Plat Book 225, page 57. LESS AND EXCEPT property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia by Deed dated August 6, 2018, recorded August 17, 2018 as Instrument No. 20180817000682590. BEING a portion of the same real estate conveyed to Hollomon-Brown Funeral Home Bayside Chapel, Inc., a Virginia corporation by Deed from Louis R. Jones dated October 19, 1987, recorded October 22, 1987 In the Clerk's Office, Circuit Court, City of Virginia Beach, Virginia, in Deed Book 2684, Page 432. BEING a portion of the same real estate conveyed to Hollomon-Brown Funeral Home Bayside Chapel, Inc., a Virginia corporation by Deed from Louis R. Jones dated June 7, 1990, recorded July 23, 1990 in the Clerk's Office, Circuit Court, City of Virginia Beach, Virginia, in Deed Book 2926, Page 502. BEING a portion of the same real estate conveyed to Hollomon-Brown Funeral Home Bayside Chapel, Inc., a Virginia corporation by Deed from D, Murray Malbon, Floyd E. Kellam, Jr., J. W. Buffington, Sr., John W. Wilson, James S. Ballard, Jacqueline K. Bonney, Phyllis L. Munden, Elizabeth W. Weaver and Betty H. Miller, Trustees of Nimmo United Methodist Church dated July 29, 1991, recorded October 24, 1991 in the Clerk's Office, Circuit Court, City of Virginia Beach, Virginia, In Deed Book 3027, Page 492 and by Deed of Correction dated November 18, 1991, recorded December 6, 1991 in Deed Bock 3038, Page 1716. BEING a portion of the same real estate conveyed to Hollomon-Brown Funeral Home Bayside Chapel, Inc., a Virginia corporation by Ordinance No. 92-2194B from City of Virginia Beach dated November 24, 1992, recorded January 20, 1993 in the Clerk's Office, Circuit Court, City of Virginia Beach, Virginia, in Deed Book 3173, Page 1583. 72C470a40 (SHTC19-1694.PFO sHTC19-1G94/12) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue,Suite 2000 troutman Virginia Beach,Virginia 23462 pepper troutman.com R.J. Nutter II rj.nutter@troutman.com September 20, 2021 VIA ELECTRONIC CORRESPONDENCE Mrs. Barbara Henley City Council Chamber Municipal Center Virginia Beach, Virginia 23456 Barbara.Henley( cox.net Re: Royal Farms Application Dear Mrs. Henley: in performing your due diligence on this application, you asked for details that may be reflected on the site plan that Council will be voting on but are not delineated in the staff report As a result, I wanted to list the concessions Royal Farms has made on this application, to address issues raised by the church during our meetings with them. Those concessions are enumerated herein: 1. Located the store and canopy as close to the intersection as possible and furthest from the church. 2. Reduced the number of gas islands from five to four. 3. Eliminate the proposed shared access way to Princess Anne Road, eliminating the only full access to the site and leaving additional room for tree preservation. 4. Leave large portions of the existing treed area adjacent to the church in a natural state (ranging from 35 feet to approximately 100 feet in width). 5. Install an underground storm water system to reduce any additional tree loss. 6. Relocate the underground fuel tanks to move the truck loading area away from the church. 7. Relocate the car wash to the western portion of the site approximately 370 feet from the church Mrs. Barbara Henley September 20,2021 troutman Page 2 pepper 8. Install an eight feet high fence as opposed to a six-foot fence inside the treed area adjacent to the improvements on the site. 9. Construct an all-brick store versus the company's prototypical store design. Sincerely, R.J. Nutter II 119579119 •® © . '. 4 toMN 4;7 8 — co k, , /: b . _____ 0 0 0(:: ty C-- -] / :-c_ _I. I : cp 0° / in I . ' -- 44:, M 0m ° N o) (13 n �0 ' � N N < '0 I o 0 CI co N o #N / N O U - ' \ 0 0 ID / I ce rt o _ �, a) ______ co e3 •4to E ! it �i C N cv d �N oy ` Ce 1 Q• It' Ce t k> V A 176\ N %— , <CY-v,/lotso\re4 RS w oes csi 0 // . O o _ 9,_ 11 ,-, cov-' ,7s \ c✓ir �4 O E 1713 CO 1 _ O , o (i .t N o°0 2 ea _ t --V n-- ° ' C° D° 0 0 " (..) 0 -ir-11- ' c; ) af 3 -) --' \ I— 1:1- _,_‘___, 'i ,e*a GN, , \cev, To s' CO L t, 0 c), V I _ _,2,, __ •.17/• \ %-- c4, \}____ cr.\ ,a o , v t\-0c, ,Ce 3 7--i:c%; '°.0. -- o i O e 02 �o o ` ���e� moo° N I O4 ��� O o Ce3 , 0, 0, , ° 4 W i0°,,„ wv *.\ s, _ '° 0 cIJ d N m o -\ sV°-• < (9 - Cf. ,- \ (s ° \ CP , \ N 45 ITEM— VILL APPOINTMENTS ITEM#72060 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 HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD September 21, 2021 46 ITEM VII-L. APPOINTMENTS ITEM#72061 Upon NOMINATION by Council Member Jones, City Council APPOINTED: JENNY HODGE (Representing: Tidewater Youth Services) Unexpired term thru 5/31/2023 COMMUNITY POLICY AND MANAGEMENT TEAM Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 21, 2021 47 ITEM VII-L. APPOINTMENTS ITEM#72062 Upon NOMINATION by Council Member Jones, City Council APPOINTED: CRYSTAL PATE (Representing: Virginia Beach City Public Schools Chief Financial Officer) No Term DEFERRED COMPENSATION BOARD Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 21, 2021 48 ITEM VII-L. APPOINTMENTS ITEM#72063 Upon NOMINATION by Council Member Jones, City Council REAPPOINTED: CLAUDL4 COTTON (Representing: Coastal Virginia Building Industry Association) ROY FLANAGAN ALBERT HENLEY COUNCIL MEMBER HENLEY (Representing: City Council Member) EMILY STEINHILBER Three year term 11/1/2021—10/31/2024 GREEN RIBBON COMMITTEE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 21, 2021 49 ITEM VII-L. APPOINTMENTS ITEM#72064 Upon NOMINATION by Council Member Jones, City Council REAPPOINTED: STEVE McNAUGHTON RICHARD POOLE (Representing:Licensed Architect) MARYSCHMIDT ALBERT HENLEY DAMIEN SEITZ (Representing:Licensed Architect) JAMES VACHON Three year term 11/1/2021—10/31/2024 HISTORICAL REVIEW BOARD Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 21, 2021 50 ITEM VII-L. APPOINTMENTS ITEM#72065 Upon NOMINATION by Council Member Jones, City Council APPOINTED: CAPTAIN ROBERT HOLMES (Representing: U.S. Navy Designee) No Term OCEANA LAND USE CONFORMITY COMMITTEE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 21, 2021 51 ITEM VII-L. APPOINTMENTS ITEM#72066 Upon NOMINATION by Council Member Jones, City Council APPOINTED: JOHN BOYD (Representing:Rose Hall District) Unexpired term thru 8/31/2022 Plus three year term 9/1/2022—8/31/2025 A USTIN GREGORY (Representing:Lynnhaven District) Three year term 9/21/2021 —8/31/2024 PARKS AND RECREATION COMMISSION Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 21, 2021 52 ADJOURNMENT ITEM#72067 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 9:12 P.M. Te ius Chief Deputy City Clerk A nda B ne MC Robert M. Dyer City Clerk Mayor September 21, 2021