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Home My WebLink AboutJANUARY 4, 2022 FORMAL SESSION MINUTES S��,N ZIP,' �L7 a K a >s,x p4 r rc�s. sd t 4f OUR ti % VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 4, 2022 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in City Council Chamber, City Hall, on Tuesday,January 4, 2022, at 3:00 P.M Council Members Present: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None 2 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#72366 3:00 P.M. Mayor Dyer welcomed Robert J. Tajan, Director— Planning and Community Development. Mr. Tajan expressed his appreciation to City Council for their continued support: 4111111 Planning Items January 4'h& 18'h City Council Meetings VB There are ten (10)Planning Items scheduled for January 4`h: SUMMARY — January 4th 10 Planning items scheduled for City Council consideration 1.&2.Virginia Beach Racquet Club North Associates,LP- Lynnhaven District • Rezoning(R-20 Residential Distract to R-40 Residential Distnct) • Subgvfgion V@rianc6(Section 4 4(b)of the Subdivision Nrgn,••xc"R•cy,wl CMO Mwq••••cuN) Regulations) _ • Recommended for Approval by Planning Commission&Staff 3.Samet Properties,LLC-Beach District • Conditional Rezoning(AG-1&AG-2 Agricultural Districts to ` Conditional 1-1 Light Industrial District) • • Recommended for Approval by Planning Commission&Staff •,.,,,,,••••••an.nn u.c • MO*C•k•p• 4.Monet Freeman-Rose Hall District • Conditional Use Permit(Tattoo Parlor) •Y0""r'••'"•" • Recommended for Approval by Planning Commission&Staff ..i.e.,—.u,ST••r•"•�� - rt«n s nsn.we.e 6.Platinum Management.LLC-Kempsville District .,•,P.M" • Conditional Rezoning(1-1 Light Industrial to Conditional A-36 . \, Apartment) • Recommended for Approval by Planning Commission&Staff .. 6-Traya'na Mills-Kempsville District • Conditional Use Permit(Tattoo Parlor) • Recommended for Approval by Planning Co 2 m January 4, 2022 3 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#72366 (Continued) SUMMARY — January 4th 10 Planning items scheduled for City Council's consideration 7.Kevin&Keisha Mercer-Kempsville District • Conditional Use Permit(Assembly Use) - - -• Recommended for Approval by Planning Commission& Staff w.,n R.,o,,.t Cl.Moon Ass a.. 8.Jodie Calcagno-Bayside District • Conditional Use Permit(Assembly Use) C', • Recommended for Approval by Planning Commission& l/\� • Staff . 9.Michael D.Sifen,Inc-Centerville District n.''.m wn,vmen,.uc oa.c ago . • Conditional Use Permit(Self Storage/Mini Warehouse) .• • Recommended for Approval by Planning Commission& „ • Staff ren,a usnen.is n+y,ti cwo a t O.City of Virginia Beach \\ e.n Nos.aw,c., • A Resolution to amend the City of Virginia Beach •',"'P'°P""' Comprehensive Plan,2016 to address city-wide stormwater impacts for discretionary land use applications • - - _ • Recommended for Approval by Staff • Recommended for Denial by Planning Commission(11-0) VIRGINIA BEACH RACQUET CLUB NORTH ASSOCIATES, LP ITEMS Council District:Lynnhaven w ^ Location: West Side&Northern Terminus of Thomas Bishop Lane,1951 &1985 I L Thomas Bishop Lane ;t t t Is}ii . 'MiaKa.- Pk A • r REZONING(R-20 Residential District to R-40 Residential District) SUBDIVISION VARIANCE (Section 4.4(b)of the Subdivision Regulations) Staff recommends Approval Planning Commission voted 10 to 0 to recommend A ' January 4, 2022 4 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#72366 (Continued) Y- o - 4 1 • Request for a Rezoning from R-20 to R-40 • Minimum lot width&lot area met Residential District to address split zoning on property&subdivide into 3 lots • Demolish underutilized existing tennis courts&parking lot • Subdivision Variance request for deficiency of • Encroachment in Resource Protection Area approved by proposed Lot 1C in 100-foot street line frontage by Chesapeake Bay Preservation Area Board on November 1,2021 67.4 feet 5 VIRGINIA BEACH RACQUET CLUB NORTH ASSOCIA ITEMS 1&2 SAMET PROPERTIES, LLC i'LM Council District.Beach Location. 2097 Harpers Road 3 *1�•#� ,, e71 £ys fs..,.,', �` ,rA a 1.s nk) i ''...• '2J- / I gip/el pik,, W., ,,,,,,, t 4... CONDITIONAL REZONING (AG-1 &AG-2 Agricultural Districts to Conditional I-1 Light Industrial District) Staff recommends Approval 6 Planning Commission voted 10 top recommend Alag�,_ January 4, 2022 5 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#72366 • (Continued) AlioStnrmwater Pond A Expansion c �• • Request for a Conditional Rezoning of 10 acres from AG-1&AG-2 to Conditional 1-1 sL4t - I ,z • Addition of 10 acres to 221,000 square foot _efiltask.I�'`�._, I distribution facility with Conditional Use Permit for /^� Bulk Storage of vehicles approved by City Council on - September 7,2021 t • Acreage for an above ground stormwater management - F facility -• 77 total acres with stormwater pond expansion '4= 71 SAMET PROPERTIES,LLC ITEM MONET FREEMAN ITEM Council District Rose Hall Location: 4380 Holland Plaza 4 _ ,,, , ,:-._:, - \IN"; / Nl'•• Si V MI � m / t \r,,N \ ,' ' ' > t � i a t ,/.4f-.. .,-,:i \ i i `'�p 7 M E:\ ' ,... , ..." \2- -,, 144:-,.Y Nii: CONDITIONAL USE PERMIT(Tattoo Parlor) Staff recommends Approval Planning Commission voted 10 to 0 to recommend A r 8 Ade January 4, 2022 6 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#72366 (Continued) /— y ♦72 w.R 3 ., E.,‘, 077.1:_il , . 1:"... ..... rim- Aim • Request for Conditional Use Permit for Tattoo Parlor for permanent makeup,known as microblading • 472 square foot unit within Holland Plaza Shopping Center • Typical Hours of Operation.9:00 a.m.to 7:30 p.m.,Tuesday through Saturday • No exterior changes proposed to building or signage 9 MONET FREEMAN ITEM 4 PLATINUM MANAGEMENT, LLC ITEM Council District Kernpsville Location: 5429 Greenwich Road 5 ,, r; -iir .'''illi amil ; ...i_oi,I ... ........ p f l r~� ��_ CONDITIONAL REZONING (I-1 Light Industrial District to Conditional A-36 Apartment District) Staff recommends Approval Planning Commission voted 10.�,� � January 4, 2022 7 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#72366 (Continued) -7- rmi '17 't rl, -r-tIr:•_—_•:777,7----"-r7=7:1 i -- a s --c— E ..i I.r -- ^ i �, I i - 1 i r, i Y Ay • Request for a Conditional Rezoningfrom I-1 to l . -`---" �� a Conditional A-36 to construct 3 multi-family buildings,totaling 315 units,on 10.73 acres \\ • Redevelopment of Virginian-Pilot production • Amenities include a clubhouse,resort-style swimming pool,fitness facility along Greenwich Road in Newtown SGA facilities,grilling stations,courtyards with fire spits,exterior fireplaces • Elevations depict 4-story urban building style with brick,fiber cement siding,split face concrete • Parking on-site exceeds minimum required by 36 spaces,with 16 masonry unit covered bicycle spaces 11 PLATINUM MANAGEMENT, LLC ITEM 5 TRAYA'NA MILLS ITEr.1 Council District:Kempsville Location: 1017 Kempsville Road 6 d 1 ` � - ( _` �'� �1i I i vo; .-�►;- -fio l 44,4,7' i CONDITIONAL USE PERMIT(Tattoo Parlor) Staff recommends Approval Planning Commission voted 1 0 to recommend A rov 12 January 4, 2022 8 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#72366 (Continued) Ill - •/ i "lift ° , d► • Request for Conditional Use Permit for Tattoo Parlor for permanent makeup,known as microblading,within existing 910 square foot unit in the Providence Square Shopping Center • Typical Hours of Operation:10:00 a.m.to 5:00 p.m.,Monday through Friday,and 10:00 a m to 2:00 p.m., Saturday • No exterior changes proposed to building or signage 13 TRAYA'NA MILLS ITEM 8 KEVIN & KEISHA MERCER IEI°". Council District:Kempsville Location: 5300 Kempsriver Drive, Suite 126 7 , ,< C ate v� r i ` mP �� • CONDITIONAL USE PERMIT(Assembly Use) Staff recommends Approval Planning Commission voted 1 to recommend A r 14 January 4, 2022 9 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#72366 (Continued) i !irll ilk • Request for Conditional Use Permit for Assembly Use for celebratory events within a 1,950 square foot unit in the Kemps Corner Shopper • Typical Hours of Operation:10:00 a .to 2:00 a.m.,Monday through Sunday • No amplification of music or use of speakers except within building 15 KEVIN&KEISHA MERCER ITEM 9 JODIE CALCAGNO ITEM Council District.Bayside Location: 4752 Euclid Road 8 . : iI Q1,*tea% ` CONDITIONAL USE PERMIT(Assembly Use) Staff recommends Approval Planning Commission voted 1 to recommend A ro 16 January 4, 2022 10 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#72366 (Continued) I al ter' '' Ir. • Request for Conditional Use Pernut for Assembly Use for a'Boutique Event Venue"for celebratory events • Propose to occupy 3,400 square feet of 1"floor of existing 12,600 square foot building • Condition recommended for hours of operation to reduce parking conflicts:6:00 p.m.to 11:00 p.m.,Monday-Friday, 12:00 p.m.to 11:00 p.m.,Saturday&Sunday • No outdoor amplification of music between hours of 10:00 p.m.to 11:00 a.m. 17 JODIE CALCAGNO ITEM 10 MICHAEL D. SIFEN, INC I'I I•M Council District.Centerville Location: Southwest corner of Providence Road&College Park Boulevard 9 op , \NIL' , ....,:, , 11'..2';" #--e, '... if A k I I / ,�� , I I . CONDITIONAL USE PERMIT(Self Storage/Mini Warehouse) Staff recommends Approval Planning Commission voted 10 to to recommend AA r �{�y/ 18 January 4, 2022 11 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#72366 (Continued) - - , :r • m� 4 Lill e _ • Request for a Conditional Use Permit to construe t 4-story,165,680 square foot,climate-controlled self � ---- A storage facility = . • Deviation to 45-foot building height maximum proposed,building designed at 47-feet 6-inches-tall • Deviation to required 6-foot-tall,solid,privacy fence along southern property line proposed,8-foot-tall black ornamental fence proposed 111 • 1 letter of support provided by Jamestown Apartments, adjacent complex abutting south property line Y� 'i" in MICHAEL D.SIFEN,INC 1T.=M 11 CITY OF VIRGINIA BEACH ITEM 10 A Resolution to amend the City of Virginia Beach Comprehensive Plan, 2016 to address city-wide stormwater impacts for discretionary land use applications Deferred from December 7, 2021 City Council Meeting 20 January 4, 2022 12 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#72366 (Continued) There are nineteen (19)Planning Items scheduled for January 18r": SUMMARY — January 18th 19 Planning items scheduled for City Council's consideration 1.Hunt Club Condominium Association,Inc—Kempsville District • Modification of Conditig • Recommended for Approval by Planning Commission&Staff 2.Princess Anne Village,LLC—Princess Anne District • Conditional Rezoning(B-2 Community Business,AG-1& - trO+PK+,.A..+,.LLc AG-2 Agricultural Districts to Conditional PD-H2 Planned Call.vaw.+.L;coeor<.,,,..LLc Unit Development(R-10 Residential District)&Conditional Numc,,,p cA„s,,,,,.,,,,A.w+,me,i,. - +++�•+o B-2 Community Business Districts) • Recommended for Approval by Planning Commission&Staff 3 James 0.White Revocable Living Trust—Beach District - Conditional Use Permit(Short Term Rental) • Recommended for Approval by Planning Commission&Staff • 4-9.2508 Pacific Avenue,LLC—Beach District • Conditional Use Permits(Short Term Rentals) • Recommended for Approval by Planning Commission&Staff Pence..A,+..v+.o<.LLC 10.ORP Ventures,LLC—Beach District • Conditional Use Permits(Short Term Rental) • Recommended for Approval by Planning Commission&Staff 21 SUMMARY — January 18th 19 Planning items scheduled for City Council's consideration 11-19.ORP Ventures,LLC— Beach District • Conditional Use Permits(Short Term Rentals) • Recommended for Approval by Planning Commission& Staff • fIM!ee A.Mu..LLC • i1Rf.MmwA LLeaS.MAI,wA.LLC i :WC„C Cor,0A,A1,Y,.A 4AsCN,s,.Y++ ( \l Mn....Ann mip.LLC 22 January 4, 2022 13 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#72366 (Continued) HUNT CLUB CONDOMINIUM ASSOCIATION, INC ITEM Council District:Kempsville Location Loflin Way, North side of Parliament Drive re, T.,----- n 61IN hi I 1 3 4 1,` //: *erikViritikb 41 1.h0 I- IVMO MODIFICATION OF CONDITIONS Staff recommends Approval Planning Commission voted 9 to 0,with 1 abstention,to recommend val 23 F; t Y • ' -.11A-71,....1.-1- ii qig -....t...,- • Modification of Conditions to increase number of • Proposal includes 3 new buildings using same residential units from 37 to 48 on an 11.3-acre property footprint previously approved zoned PD-H2 • Existing buildings to be renovated to match new • Existing condominium development approved in 1982; exterior building materials 3 buildings never constructed • 2 letters of support provided by Ridgelea Civic - League&Hunt Club Condominium As tln 24 HUNT CLUB CONDOMINIUM ASSOCIATION,INC ITEM 7 January 4, 2022 14 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#72366 (Continued) PRINCESS ANNE VILLAGE, LLC ITEM Council District:Princess Anne Location: 2369,2373,2375,2381,2385 Princess Anne Road&2393,2401,2413 North Landing 2 Road,Parcel between 2393 North Landing Road&2385 Princess Anne Road f , 0 .A. 4, , .....-- .., , .,,„.. . ,z...., :� ` • �r CONDITIONAL REZONING (B-2 Community Business,AG-1 &2 Agricultural Districts to Conditional PD-H2 Planned Unit Development(R-10 Residential District)&Conditional B-2 Community Business Districts) Staff recommends Approval 25 Planning Commission voted 8 to 1,with 4 a -- -- I f,:.1 rt . � � ._�� - .t CON58RVATKIN ARC>>1>i'i t5 • Re._-.•c:eq uest of 55.57 acres to construct a neo-traditional I -_ . residential community of 73 residential lots with 89 dwelling units(73 single-family&16 garage apartments)and 1 V commercial parcel(0.84-acre) - 4. >� ' � • Various lot sizes with 3 home styles proposed t- • Installation of a left-turn lane proposed J'-l- • Certificate of Appropriateness obtained from Historical ' Review Board for layout&rural vernacular architecture . Variances to the Public Works&Public Utilities Design Standards may be required • Joint Review Process Group(Navy/City staff)determined for right-of-way widths/geometry proposed density of 2.45 units per acre consistent with AICUZ requirements • 2letters of opposition submitted noting concerns related to flooding,density, 26 • TA/ITA Committee final review pending val of vegetation,narrow widths of PRINCESS ANNE VILLAGE,LLC ITEM 6 January 4, 2022 15 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#72366 (Continued) JAMES D. WHITE REVOCABLE LIVING TRUST ITEM Council District:Beach Location: 407 18th Street, Unit A „....... ,,_, _ ,.......„....,... 4 \ 7 ------\A: \ --' . "=1701111 rOVIK1110111 j____,--t- 3 CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval Planning Commission voted 10 to 0, 1 abgtention to recommender}sr6val 27 M AWRY -4 yr.8 ,o.dM i - ® ar i w•ur•n • • • .... a l eas! 4 • .._, ... lr Street • Request for Conditional Use Permit for 3-bedroom Short Term Rental in ViBe Creative District—Unit A • 1 parking space in 2-car garage,2 spaces off-site within 515 feet of property • 2n°Short Term Rental on this site—Unit D approved in 2020 • 3 letters of support provided from owners of other units within this 4-unit dwelling 28 JAMES D.WHITE REVOCABLE LIVING TRUST ITEM 7 January 4, 2022 16 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#72366 (Continued) k -.,.— COS** ' _-,A , ,,\\:‘ , ____1- •.,-.=- ._ _., - -13-0.4 • Ma Term m Ravish- 1 i \ 29 JAMES D.WHITE REVOCABLE LIVING TRUST ITEM 7 2508 PACIFIC AVENUE, LLC ITEMS Council District.Beach /�— Location 2510, 2514,2518, 2522, 2526,2530 Pacific Avenue 'T �J __ i J V�� io" - a l ' 0.1/ . 1awp j 1 1 �'" t CONDITIONAL USE PERMIT(Short Term Rentals) Staff recommends Approval Planning Commission voted 9 to 0,with 2 abstention,to recommend A coal 30 January 4, 2022 17 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#72366 (Continued) 'I..-WO GGGD Z51U �.e .., FWO Pit, N t _� I • �E 2 1 ' IL!I11 2 2 2 • Request for a Conditional Use Permit to operate 6, 3-bedroom,townhouse-style Short Term Rentals along Pacific Avenue • All units currently owned by applicant • 8 required parking spaces to be leased within the 25th Street parking garage within 0.25-miles from the property • 18 parking spaces required;10 accommodated on the site 31 • 2508 PACIFIC AVENUE,LLC ITEMS 12-17 pueY-. 29tn Street zo Street 2��yta\Street voitT WAIL- / j 10 ``w nstl • ttaarr _1 �- -Sr 710Vi - Short Term Rentals.04 i 114\ ' • 1 12 2508 PACIFIC AVENUE, LLC ITEMS 12-17 January 4, 2022 18 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#72366 (Continued) ORP VENTURES, LLC ITEM Council District:Beach I O Location: 603 20th Street + ram' ...0.0 ----"!.•_� \ )11 \t CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval Planning Commission voted 9 to 0,with 2 abstention,to recommen oval •1F +,, . . r ., t E1.. ., - i, i • Request for a Conditional Use Permit to operate a 3-bedroom Short Term Rental • 3 parking spaces required&provided L __. -lvir • 1 letter of support provided from adjacent property owner - ,�^• i^� 34 ORP VENTURES,LLC _ ITEM 18 January 4, 2022 19 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#72366 (Continued) ' 2"'Stt'�.-411P" OW 0. i�„ wtu q ,.R a,tea°\ 1 11-iii1 _____A n ,ft 3 l 1- �y}.• _ _ 11i,� �v . u i1(7 '` _ Shot T • nM0.eq S • % 35 ORP VENTURES, LLC ITEM 18 ORP VENTURES, LLC ITEMS Council District Beach 1 1 -19 l ocation: 410 19th Street,Units 101,102,103,201,202&412 19th Street,Units 101,102,201 202 e .w..e j J ,:✓.' 1 s 1 ..�.. _ - j :. i ' --muirr rg.\ , I CONDITIONAL USE PERMIT(Short Term Rentals) Staff recommends Approval 36 Planning Commission voted 9 to 0,with 2 abstet n to rec pproval January 4, 2022 20 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#72366 (Continued) e-,r ._ .. Ii i.. 41 1B 9-unit condominium y v L a 5-wallet spaces • Request for Conditional Use Permits to operate 9,1-bedroom Short Term Rentals in building constructed in 1970 • All units currently owned by applicant • 9 parking spaces required&11 provided;6 within unimproved alley • 1 letter of support provided from a property owner within proximity of the subject parcel 37 ORP VENTURES,LLC ITEms 11-19 , \ St•-• - .24 inviXiku•••••', i- .•-- ii- 1�S� � - -.--"it---- , , bo Snort Inn Rentals ;C t • oenea 'r .. Status 38 ORP VENTURES, LLC ITEMS 11-19 Mayor Dyer expressed his appreciation to Mr. Tajan for the presentation. January 4, 2022 21 CITY COUNCIL LIAISON REPORTS ITEM#72367 3:48P.M. Council Member Berlucchi advised he recently attended a meeting with BMX Riders and expressed his appreciation to those who attended from Parks and Recreation, Bikeways and Trails Advisory Committee (BTAC) and the BMX community for coming to the table and believes it was a great meeting. Council Member Berlucchi advised there is a lot of work ahead and will inform the Body as progress is made. January 4, 2022 22 CITY COUNCIL LIAISON REPORTS ITEM#72368 (Continued) Council Member Berlucchi advised the Human Services Department held another successful food distribution in December and expressed his appreciation for all who were involved. Council Member Berlucchi advised it takes a lot of effort and coordination but the people who receive the food are in need and are appreciative. January 4, 2022 23 CITY COUNCIL LIAISON REPORTS ITEM#72369 (Continued) Council Member Berlucchi advised the Human Rights Commission continues to monitor COVID and how minorities are impacted. Council Member Berlucchi advised if the Body would like more information on the data collected to let him know. January 4, 2022 24 CITY COUNCIL LIAISON REPORTS ITEM#72370 (Continued) Council Member Berlucchi advised he attended his first Arts and Humanities Commission meeting since becoming a Council Liaison and advised the Commission has not had a budget increase in approximately ten (10)years for items they distribute and cultural programming they provide and have an enhanced need for funding and support. January 4, 2022 25 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72371 3:54 P.M. Council Member Rouse advised he met with Gary Ryan, the Executive Director of the Virginia Museum of Contemporary Art (MOCA) and discussed the possibility of relocating MOCA to the Virginia Beach Visitors Center at 2100 Parks Avenue. Council Member Rouse advised MOCA is in need of several repairs and its location is not ideal for attracting visitors. Council Member Rouse suggested by moving MOCA to the Visitors Center, it would be a great way to welcome people to the ViBE District. Council Member Rouse advised he requested the City Manager to look into what the process would involve and is hopeful to have the Body's support. January 4, 2022 26 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72372 (Continued) Vice Mayor Wilson advised the numbers of people testing positive for COVID is increasing and provided the example at Virginia Beach General Hospital who recently went from having ten (10) or twelve (12) patients to over ninety(90)and have had to double the amount of ICU Rooms. Vice Mayor Wilson advised the numbers are staggering due to the highly communicable omicron variant is and urged all to be very careful. January 4, 2022 27 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72373 (Continued) Council Member Wooten reminded citzens of the Ignite Pitch Competition scheduled for March 12, 2022, at 8:30 AM at the Convention Center. Council Member Wooten encouraged anyone interested in participating to submit their application before the January 14th deadline. January 4, 2022 28 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72374 (Continued) Council Member Tower read his letter announcing he will not run for re-election in November 2022, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Council Member Tower for his work and contributions as the Beach District Representative and has enjoyed working with him. January 4, 2022 G1/41.A.BE4 `.) �'> City of Virginia Beach � a� _ Z ft, ZQ t2 OF OUR NASt° v VBgov.com GUY K.TOWER flailigamigaliant COUNCIL MEMBER EMAIL gtowerOvbgov.com DISTRICT 6-BEACH January 4, 2022 To my many friends and neighbors in the once and future City Council District 6 and throughout Virginia Beach, I am announcing today that I will not be pursuing reelection to City Council in November of this year. Almost three years ago when I successfully sought temporary appointment to Council and in the subsequent special election when I was chosen to continue to serve until December 31 of 2022, I committed to bringing a pragmatic, independent and respectful attitude to representing the residents of our great City. I have worked hard to keep that promise. My tenure on City Council has coincided with a period of turmoil for the City, including a deadly attack on City employees, multiple changes in leadership in the City Manager's office, growing recognition that the heart of our resort area is in urgent need of renewal and revitalization, a still-festering world health pandemic, and the upending of our system for election of Council members. Notwithstanding these difficulties, Virginia Beach residents and their elected representatives have persevered and achieved a remarkable record of progress on important matters ranging from protecting our City against stormwater and flooding to achieving a level of fiscal health and stability that would have seemed improbable as recently as the spring of 2020. The reason for my decision is essentially a simple one. I would rather spend my energies for the rest of this year focused on doing my job rather than on campaigning to keep it. I am announcing my intentions at this time, because (1) the voting system and district boundaries that will govern the upcoming City Council election in November are now likely in place, and (2) I want potential candidates who may wish to represent District 6 beginning in 2023 to have the maximum amount of time and opportunity to consider their plans. I want to thank the Mayor, my fellow Council members, City Manager Duhaney and his team and the many other members of the City workforce and volunteer corps who have assisted me on so many occasions and in so many ways in serving the public. I am especially grateful to my wife, Winship, for her many personal and professional sacrifices that have enabled me to focus on City matters. And I will always be grateful to the many donors and campaign workers who stood with Winship and me in 2019. I am not stepping aside yet. I fully intend to serve the remainder of my term with vigor and dedication. There is much to be done in 2022. I look forward to meeting those challenges. s --7. &--a____________„ 211 43rd STREET,VIRGINIA BEACH,VA 23451 29 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72375 (Continued) Council Member Henley advised she has a few questions and requested the following: - Results of the Workforce Study which were due to be complete on December 15th - When will members be appointed to the Citizens Oversight Board - Briefing on the flood projects funded by the Referendum, specifically interested in the West Neck Creek project as there is a rezoning application coming up in the next couple of weeks. -If the Open Space Program can be reinstituted as the meal tax is recovering January 4, 2022. 30 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72376 (Continued) Council Member Moss believes the economy forecasted last November should be reviewed as some of the fundamental assumptions may no longer be valid with new projections on structural inflation to the balance of 2022 and the new Federal Reserve Board Policy that will have an impact on borrowing. Council Member Moss advised the Body should understand the economy, where money is allocated and reviewing property sales in excess of 20%as part of this year's budget cycle. Council Member Moss advised Governor Elect Younkin is proposing to eliminate the state sales tax on groceries and requested information on reducing the one(1) cent local sales tax on groceries. January 4, 2022 31 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72377 (Continued) Council Member Moss requested to have the Census track data as there is information that will provide the economic structure of the City's communities. Council Member Moss advised it will also be important to know as the voting districts will change. January 4, 2022 32 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72378 (Continued) Council Member Moss reminded the Body of the two (2) proposed Charter amendments pertaining to Special Elections and not allowing City employees to hold public office and asked for input before moving forward with the community engagement timeline previously shared. January 4, 2022 33 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72379 (Continued) Council Member Moss believes it is important to have members appointed to the Citizen Oversight Board so the public can begin receiving updates on the flood projects. Council Member Moss added he is also hopeful to have Council Members identified who will review applications for the Independent Citizens Review Board in order to account for costs within the budget. January 4, 2022 34 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72380 (Continued) Mayor Dyer advised there were trials and triumphs last year and it is important to go into this new year with positivity. Mayor Dyer advised Economic Development has new business prospects, changes to the City's voting districts and a plethora of opportunity. Mayor Dyer expressed his appreciation for the support and prayers he received while he was out and is happy to be back. January 4, 2022 35 AGENDA REVIEW SESSION ITEM#72381 4:22 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: I. ORDINANCES 1. Ordinances to AMEND City Code: a. Section 2-6 re Resort Advisory Commission (RAC) re composition requirements(Requested by Council Member Tower) b. Sections 5-531, 21-303, 23-7.1, 23-7.5, 27-7 and 38-5 and REPEAL Section 21-221 re law enforcement officers(Requested by Sheriff's Office) c. Section 7-66 re designation of City highways for golf cart operation 2. Ordinance to GRANT a five (5) year Franchise Agreement to 27`" Atlantic, LLC t/a Oscars Oceanfront at 2613 Atlantic Avenue re outdoor boardwalk café in the Resort Area DISTRICT 6— BEACH 3. Ordinance to AUTHORIZE a temporary encroachment into a portion of City right-of-way known as Kempsville Road (formerly Great Bridge Road) at the front of 720 Kempsville Road re construct and maintain a concrete driveway DISTRICT 2—KEMPSVILLE 4. Ordinance to DONATE crushed and reclaimed concrete to Lynnhaven River NOW re creating a sanctuary reef in the Western Branch of the Lynnhaven River 5. Ordinance to AUTHORIZE longevity and college incentives for the sworn employees of the Sheriffs Office and TRANSFER up to $570,000 from vacancy savings within the General Fund to the Sherds Special Revenue Fund(Request by Sheriff Stolle) 6. Ordinance to ADJUST appropriated funding for Capital Project 100159, "Elbow Road Extended Phase II-C,"with a net increase of$2,937,087 COUNCIL DISTRICTS 1 — CENTERVILLE and 7 —PRINCESS ANNE 7. Ordinances to ACCEPT and APPROPRIATE: a. $18,603 from Edward Bryne Justice Assistance Grant(JAG) to the FY 2021- 22 Police Operating Budget and to AUTHORIZE a local match (25% of the provided federal funds) re purchase eight (8) replacement automated external defibrillators, sixteen (16) defibrillator pads, twelve (12) mounted patrol helmets, and twelve (12)protective horse nose guards with visors January 4, 2022 36 AGENDA REVIEW SESSION ITEM#72381 (Continued) 7. Ordinances to ACCEPT and APPROPRIATE: b. $64,000 from the Department of Criminal Justice Services to the Police Department re certification of"Restrictive Justice Facilitators" c. $333,990 for three (3) grant awards from the Virginia Department of Emergency to the FY 2021-22 Emergency Management Operating Budget re purchase a Regional Urban Area Security Operations Trailer,build security training sites on police training grounds and support active threat joint simulation training and exercise 8. Ordinances to TRANSFER: a. $122,000 from the FY 2021-22 Human Services Operating Budget to CIP Project#100100, "Human Services Comprehensive Health Records System" re replacement of the healthcare records system b. $162,347 from the FY 2021-22 Public Works Operating Budget to Capital Project #100364 "Schilling Point Neighborhood Dredging"DISTRICT 5— LYNNHAVEN c. $32,260 from vacancy savings in the General Fund to the FY 2021-22 Commissioner of the Revenue Operating Budget and APPROVE pay range increases for the Deputy and Chief Deputy position series (Requested by the Commissioner of the Revenue and City Treasurer) I. ORDINANCES: ITEM#la WILL BE CONSIDERED SEPARATELY ITEM#1b WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#2 ITEM#5 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY FOR ITEM#8a COUNCIL MEMBER JONES WILL ABSTAIN ON ITEM#8b ITEM#8c WILL BE CONSIDERED SEPARATELY January 4, 2022 37 AGENDA REVIEW SESSION ITEM#72381 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. VIRGINIA BEACH RACQUET CLUB NORTH ASSOCIATES,LP for a Change of Zoning from R-20 for a Residential District to R-40 Residential District re redevelop with three(3)single family dwellings and a Variance to Section 4.4(b) of the Subdivision Regulations re street line frontage at 1951 Thomas Bishop Lane DISTRICT 5—LYNNHAVEN 2. SAMET PROPERTIES, LLC/TAYLOR FARMS LAND COMPANY, LLC for a Conditional Change of Zoning from AG-1 & AG-2 Agricultural Districts to Conditional I-1 Light Industrial District re increase ten (10) acres on site for additional stormwater storage in an above ground pond at 2097 Harpers Road DISTRICT 6—BEACH 3. PLATINUM MANAGEMENT, LLC / 5429 GREENWICH ROAD, VA, LLC Conditional Change of Zoning from I-1 Light Industrial to Conditional A-36 Apartment re redevelop the property with a 315-unit multi family residential community at 5429 Greenwich Road DISTRICT 2—KEMPSVILLE 4. MONET FREEMAN/SHOPPES I, LLC for a Conditional Use Permit re tattoo parlor at 4380 Holland Plaza Shopping Center DISTRICT 3—ROSE HALL 5. TRAVA'NA MILLS / PROVIDENCE SQUARE OFFICE PARK ASSOCLATES for a Conditional Use Permit re tattoo parlor at 1017 Kempsville Road DISTRICT 2—KEMPSVILLE 6. KEVIN& KEISHA MERCER/RT VIRGINIA HOLDINGS,LLC for a Conditional Use Permit re assembly use at 5300 Kempsriver Drive, Suite 126 DISTRICT 2—KEMPSVILLE 7. JODIE CALCAGNO/H C D PROPERTIES,LC for a Conditional Use Permit re assembly use at 4752 Euclid Road DISTRICT 4—BAYSIDE 8. MICHAEL D. SIFEN, INC. / VIRGINIA BEACH INVESTMENT CO.for a Conditional Use Permit re mini warehouse/self-storage at the southwest intersection of College Park Boulevard and Providence Road DISTRICT 1 — CENTERVILLE 9. Resolution to ADOPT and AMEND the Virginia Beach Comprehensive Plan 2016 re Stormwater Impacts for Discretionary Land Use Applications(Deferred from December 7, 2021) J. PLANNING: COUNCIL MEMBERS HENLEYAND MOSS WILL VOTE VERBAL NAY FOR ITEM#3 ITEM#9 WILL BE CONSIDERED SEPARATELY January 4, 2022 38 ITEM#72382 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). • Holloway et al v. City of Virginia Beach 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). • Princess Anne District • Princess Anne District PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees January 4, 2022 39 ITEM#72382 (Continued) Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council voted to proceed into CLOSED SESSION at 4:39 P.M. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Break 4:39 P.M. — 4:50 P.M. Closed Session 4:50 P.M. — 5:56 P.M. January 4, 2022 40 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JANUARY 4, 2022 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,January 4, 2022, at 6:00 P.M Council Members Present: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None INVOCATION: Council Member Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act(the `Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest,"as defined in the Act,she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. January 4, 2022 41 Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda,she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015 is hereby made a part of the record. January 4, 2022 42 ITEM— VLE CERTIFICATION ITEM#72383 Upon motion by Council Member Moss, seconded by Council Member Tower, 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: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 4, 2022 CAN1/'BEAc .441-4 u _ 5 'k o} i s�4*}i� S OR OUR NR1101 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#72382 on Page 39 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. • . e iu Chief Deputy City Clerk January 4, 2022 43 ITEM— VLF.] MINUTES ITEM#72384 Upon motion by Vice Mayor Wilson, seconded by Council Member Jones, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of December 7,2021 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: Mayor Robert M. Dyer Council Members Absent: None January 4, 2022 44 ITEM— VLF.2 MINUTES ITEM#72385 Upon motion by Vice Mayor Wilson, seconded by Council Member Jones, City Council APPROVED the MINUTES of the SPECIAL SESSION of December 7, 2021 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: Mayor Robert M. Dyer Council Members Absent: None January 4, 2022 45 ITEM— VLF.3 MINUTES ITEM#72386 Upon motion by Vice Mayor Wilson, seconded by Council Member Jones, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of December 14,2021 Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: Mayor Robert M. Dyer John D. Moss Council Members Absent: None January 4, 2022 46 ITEM— VLG.1 PUBLIC HEARING ITEM#72387 Mayor Dyer DECLARED a PUBLIC HEARING: CAFÉ FRANCHISE AGREEMENT 27`h Atlantic, LLC t/a Oscars Oceanfront at 2613 Atlantic Avenue re boardwalk café The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING January 4, 2022 47 ITEM— VI.H FORMAL SESSION AGENDA ITEM#72388 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 I: 1 c, 2, 3, 4, 6, 7a/b/c and 8a/b and Planning Items J: 1, 2, 3, 4, 5, 6, 7 and 8 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council APPROVED,BY CONSENT,Agenda Items Ordinance I: lc, 2, 3, 4, 6, 7a/b/c and 8a/b and Planning Items J: 1, 2, 3, 4, 5, 6, 7 and 8 Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None I. ORDINANCES: ITEM#la WILL BE CONSIDERED SEPARATELY ITEM#lb WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#2 ITEM#5 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY FOR ITEM#8a COUNCIL MEMBER JONES WILL ABSTAIN ON ITEM#8b ITEM#8c WILL BE CONSIDERED SEPARATELY J. PLANNING: COUNCIL MEMBERS HENLEY AND MOSS WILL VOTE VERBAL NAY FOR ITEM#3 ITEM#9 WILL BE CONSIDERED SEPARATELY January 4, 2022 48 ITEM— VLI.1a ORDINANCES ITEM#72389 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Council Member Branch, City Council ADOPTED Ordinance to AMEND City Code: a. Section 2-6 re Resort Advisory Commission (RAC) re composition requirements (Requested by Council Member Tower) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 4, 2022 REQUESTED BY COUNCILMEMBER TOWER 1 AN ORDINANCE TO AMEND SECTION 2-6 2 OF THE CITY CODE PERTAINING TO THE 3 RESORT ADVISORY COMMISSION 4 5 SECTION AMENDED: § 2-6 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-6 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 2.6. - Resort advisory commission. 14 15 (a) There is hereby created the resort advisory commission. The members of the 16 commission shall be appointed by the city council to serve terms of three (3) years. A 17 chair and a vice-chair shall be elected from the commission by its members. All 18 members shall be residents of the city. 19 20 (b) The governance and administration of the commission shall be in accordance 21 with its bylaws, incorporated by reference herein, which bylaws shall not be amended 22 without the prior approval of city council. 23 24 (c) The commission shall consist of at least eleven (11), but not more than 25 nineteen (19), members. In selecting members of the commission, the city council shall 26 appoint at least one (1) representative from each of the following organizations: Virginia 27 Beach Hotel Association, Virginia Beach Restaurant Association, and Virginia Beach 28 Division of the Hampton Roads Chamber of Commerce-and-Victi4ia-Beach-Council-ef 29 Givis Organizatiens. The commission shall also include a resort retailer. The city 30 council shall also appoint to the commission at least three (3) design professionals 31 having expertise in the fields of architecture, urban design, land use planning, 32 landscape architecture, transportation planning, or other design fields relevant to the 33 purposes for which the commission was created. 34 35 In the event of a conflict between the provisions of this subsection and any other 36 ordinance or bylaw, the provisions of this subsection shall control. Adopted by the City Council of the City of Virginia Beach, Virginia, on 4 t h this day of January , 2022. APPROVED AS TO CONTENT, APPROVED AS TO LEGAL SUFFICIENCY epic Growth Area Office City Attorney's Office CA15661 R-2 December 22, 2021 49 ITEM— VLLlb ORDINANCES ITEM#72390 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Melissa Lukeson, 1884 Wolfsnare Road, Phone:289-9003, spoke in OPPOSITION Ken Stolle, Sheriff, 4456 B Lookout Road, Phone: 313-7471, spoke in SUPPORT After City Council discussion, Council Member Branch made a motion, seconded by Vice Mayor Wilson, to ADOPT Ordinance to AMEND City Code: b. Sections 5-531, 21-303, 23-7.1, 23-7.5, 27-7 and 38-5 and REPEAL Section 21-221 re law enforcement officers (Requested by Sheriff's Office) Council Member Moss then made a SUBSTITUTE MOTION, seconded by Council Member Rouse, to DEFER TO MARCH 1, 2022, Ordinance to AMEND City Code: b. Sections 5-531, 21-303, 23-7.1, 23-7.5, 27-7 and 38-5 and REPEAL Section 21-221 re law enforcement officers (Requested by Sheriffs Office) Voting: 6-4 Council Members Voting Aye: Mayor Robert M.Dyer,Barbara M. Henley, Louis R.Jones,John D. Moss,Aaron R. Rouse and Sabrina D. Wooten Council Members Voting Nay: Michael F. Berlucchi, Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson Council Members Abstaining: N. D. "Rocky"Holcomb Council Members Absent: None January 4, 2022 50 ITEM— VLL1b ORDINANCES ITEM#72390 (Continued) Upon motion by Council Member Moss, seconded by Council Member Rouse, City Council DEFERRED TO MARCH 1, 2022, Ordinance to AMEND City Code: b. Sections 5-531, 21-303, 23-7.1, 23-7.5, 27-7 and 38-5 and REPEAL Section 21-221 re law enforcement officers (Requested by Sheriff's Office) Voting: 7-3 Council Members Voting Aye: Mayor Robert M.Dyer, Barbara M. Henley,Louis R. Jones,John D. Moss,Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Voting Nay: Michael F. Berlucchi, Linwood O. Branch, and Vice Mayor Rosemary Wilson Council Members Abstaining: N. D. "Rocky"Holcomb Council Members Absent: None January 4, 2022 4 City of Virginia Beach ar o;99�s — 0� OF OUR NA�O�5 VBgov.com N.D."ROCKY"HOLCOMB CELL PHONE:(757)416-2343 COUNCIL MEMBER rholcomb@vbgov.com DISTRICT 2-KEMPSVILLE January 4, 2022 In Reply Refer to 0073999 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, Section 2.2-3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on an ordinance to amend City Code §§ 5-531, 21-303, 23-7.1, 23-7.5, 27-7 and 38.5 and repeal § 21-221 regarding law enforcement officers. The amendment would enable deputies of the Virginia Beach Sheriff's Office to issue summonses under City Code provisions that currently limit enforcement to police officers. 2. I have a personal interest in the VBSO because of my employment and income received by that governmental agency. The VBSO address is 2501 James Madison Boulevard, Virginia Beach, Virginia. 3. I will abstain from the City Council's consideration of this item. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance and cooperation in this matter. Sincerely, 719 It feritiorit‘IL N.D. Rocky H comb Councilmember NDH/RRI 2401 COURTHOUSE DRIVE,SUITE 281,VIRGINIA BEACH,VA 23456 51 ITEM— VI.I.1c ORDINANCES ITEM#72391 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED,BY CONSENT, Ordinance to AMEND City Code: c. Section 7-66 re designation of City highways for golf cart operation Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 4, 2022 1 AN ORDINANCE TO AMEND SECTION 7-66 2 OF THE CITY CODE PERTAINING TO 3 DESIGNATION OF CITY HIGHWAYS FOR 4 GOLF CART OPERATION 5 6 SECTION AMENDED: § 7-66 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 7-66 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 Sec. 7-66. Designation of City highways for golf cart operation; posting of signs. 14 (a) Pursuant to Section 46.2-916.2 of the Code of Virginia, city council may authorize by 15 ordinance, the operation of golf carts on designated public highways within the City 16 after (i) considering the speed, volume, and character of motor vehicle traffic using 17 such highways, and (ii)determining that golf cart operation on particular highways is 18 compatible with state and local transportation plans and consistent with the 19 Commonwealth's statewide pedestrian policy. No City highway shall be designated 20 for use by golf carts if such golf cart operations will impede the safe and efficient flow 21 of motor vehicle traffic, or if the highway's posted speed limit is greater than twenty- 22 five (25) miles per hour. 23 (b) All requests made to have specific highways designated for golf cart use shall be 24 directed to the Traffic Engineering Office of Public Works. 25 (c) Any City highway designated for golf cart operations shall be posted with signs 26 indicating this designation. The organization, individual or entity requesting a highway 27 designation allowing golf cart operations shall reimburse the City its actual cost for 28 the installation and continued maintenance of such signs. 29 (d) The following City streets located in the specified neighborhoods are approved for 30 golf cart operation in accordance with the provisions of this Article: 31 32 (1) Heron Ridge Estates—Couples Court, Heron Ridge Lane, Heron Ridge 33 Drive, Lynx Drive, Lynx Court and Ryan Court. 34 (2) Chubb Lake West of Pleasure House Road—Beaufort Avenue, West Chubb 35 Lake Avenue, Chubb Lake Avenue, Lauderdale Avenue (4800-5100 36 Blocks), Athens Boulevard, Creek Cove Court, Sunny Circle, Bradpointe 37 Lane, Leatherneck Road, Lookout Road (4800-4900 Blocks), Bradford 38 Point, Bayview Avenue, Guy Avenue, 39 Lee Avenue (4800 Block), Zivo Court and Lake Drive (4800 Block); 40 (3) Lago-Mar—Atwoodtown Road, Costa Grande Drive, Camino Real South, 41 Camino Court, Rota Circle, Santa Marta Court, Santa Clara Court, Cinta 42 Court, Granada Court, San Jose Court, San Miguel Court, Sevilla Court, 43 Acapulco Court, Casa Court, Estrella Court, Rio Grande Drive, Rio Grande 44 Court, Pinon Court, Corrente Lane, Escorial Court, La Mirage Court, Los 45 Conaes Way,Trevino Court, Rio Bravo Bend,Santiago Point,Toledo Place, 46 Infanta Circle, Costa Grande Drive, Malaga Lane, Malaga Court, Alcon 47 Court, Soria Circle, Tres Lane,Vaso Court,Toro Court, Amigo Court, Tono 48 Court, Los Colonis Drive, Las Brisas Drive, Baja Court, Sonora Court, 49 Morado Court, La Tierra Court, La Tierra Circle, Las Corrales Court, 50 Brasileno Drive, Brasileno Court, Valiente Court, Esquiana Court, Verano 51 Court, Verano Circle, Belleza Court,Torero Court, Entrada Drive, Ranchero 52 Road, Cordova Court, San Marco Road, San Marco Circle and San Marco 53 Court; 54 (4) Ashville Park: Ashville Park Boulevard (from Lubao Lane to 1868 Ashville 55 Park Blvd), Emelita Drive, Lubao Lane, Blythe Drive, Wilshire Drive, 56 Benecia Drive,Camarillo Lane, Kittridge Drive, Aldea Circle,Keokirk Lane; 57 58 (5) Chesapeake Bay - East of Northampton Blvd: Ocean View Avenue, 59 Lauderdale Avenue, Pleasure Avenue,Guam Street, Lee Avenue,Corpnet 60 Avenue, Lake Drive, Fentress Avenue, Seavew Avenue, Mortons Road, 61 and Lee Court. 62 63 64 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 4 t h day 65 of January 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: - :711-°'-'t/fe/K' k--- Public Works City Attomey's Office CA15665 R-1 December 15, 2021 52 ITEM— VI.I.2 ORDINANCES ITEM#72392 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to GRANT a five (5)year Franchise Agreement to 27t Atlantic, LLC t/a Oscars Oceanfront at 2613 Atlantic Avenue re outdoor boardwalk café in the Resort Area DISTRICT 6—BEACH Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 4, 2022 1 AN ORDINANCE GRANTING A FRANCHISE 2 AGREEMENT FOR AN OUTDOOR CAFE IN 3 THE RESORT AREA 4 5 WHEREAS, City Council adopted revised regulations for outdoor café franchises 6 ("Revised Regulations") on October 20, 2020; and 7 8 WHEREAS, the Revised Regulations simplify the outdoor café franchise program 9 and allow more flexibility for outdoor café owners and operators to keep pace with 10 current standards in construction, design and materials; and 11 12 WHEREAS, the City has developed a franchise agreement for the regulation of 13 outdoor cafés, which the grantees are required to execute as a condition of the grant; 14 and 15 16 WHEREAS, the City Council has traditionally granted initial franchises for one- 17 year terms; and 18 19 WHEREAS, if an outdoor café is successfully operated during the initial one- 20 year term, the franchisee may return to Council and request a five-year franchise 21 agreement; and 22 23 WHEREAS, 27th Atlantic, LLC, t/a Oscars Oceanfront Café was granted a one- 24 year franchise agreement for operation of a Boardwalk Café at 2613 Atlantic Avenue on 25 January 19, 2021; and 26 27 WHEREAS, 27TH Atlantic, LLC successfully operated Oscars Oceanfront Café 28 pursuant to the one-year franchise agreement and is now seeking a five year franchise 29 agreement for Oscars Oceanfront Café; and 30 31 WHEREAS, the Strategic Growth Area Office recommends that the above- 32 named entity be granted a five-year franchise agreement. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH: 36 37 That the City Council hereby grants 27th Atlantic, LLC, tla Oscars Oceanfront 38 Cafe, a five-year franchise agreement for the operation of a Boardwalk Café at 2613 39 Atlantic Avenue. Adopted by the City Council of Virginia Beach, Virginia on this 4th day of January 2022. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: it_,, evw Strategic Growth Area Office City Attorney's Office /i CA15552 R-1 December 14, 2021 0 1NiA.BE,1 -r City of Virginia Beach S °F °UR otel5 VBgov.com GUY K.TOWER CELL:(757)439-4801 COUNCIL MEMBER EMAIL:gtower@vbgov.com DISTRICT 6-BEACH In Reply Refer to 0074001 January 4, 2022 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, Section 2.2-3115(I) of the Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's consideration and vote on an ordinance to grant a five-year Franchise Agreement to 27th Atlantic,LLC t/a Oscars Oceanfront at 2613 Atlantic Avenue for an outdoor boardwalk café in the Resort Area. 2. The property owner disclosed that Kaufman&Canoles is its legal services provider for this project. 3. I have a personal interest in Kaufman & Canoles, P.C. because I receive income from the firm. Its Virginia Beach location is 2101 Parks Avenue, Suite 700, Virginia Beach, VA 23451. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction,because I do not personally provide services to the applicant,the Act provides that I may participate in the Council's discussion and vote on this ordinance, upon disclosure of this interest. 5. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. 211 43rd STREET.VIRGINIA BEACH.VA 23451 Mrs. Amanda Barnes -2- January 4, 2022 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. S. c ely, ' //.1e•--- = Gu K. Tower Councilmember GKT/RRI 53 ITEM— VLL3 ORDINANCES ITEM#72393 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of City right-of-way known as Kempsville Road(formerly Great Bridge Road)at the front of 720 Kempsville Road re construct and maintain a concrete driveway DISTRICT 2—KEMPSVILLE Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 4, 2022 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF CITY RIGHT-OF-WAY 6 KNOWN AS KEMPSVILLE ROAD 7 (FORMERLY GREAT BRIDGE ROAD), 8 LOCATED AT THE FRONT OF 720 9 KEMPSVILLE ROAD 10 11 WHEREAS, Tracey Langford ("Langford") has requested permission to 12 construct and maintain a 22' x 39', 7" thick concrete driveway (the "Encroachment") within 13 the City's right-of-way known as Kempsville Road (formerly Great Bridge Road), located in 14 front of her property at 720 Kempsville Road (GPIN: 1466-75-1989); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's right-of-way subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Langford, her heirs, assigns and 25 successors in title are authorized to construct and maintain the Encroachment within the 26 City's right-of-way as shown on the map entitled: "ENCROACHMENT EXHIBIT SHOWING 27 PROPOSED DRIVEWAY ON LOT 7, KEMPSVILLE COLONY, SECTION TWO (M.B. 36, 28 P. 23) VIRGINIA BEACH, VIRGINIA FOR TRACEY LANGFORD," having a Scale of 1" = 29 25', dated June 28,2021, and prepared by Rouse-Sirine Associates, Ltd., a copy of which is 30 attached hereto as Exhibit A, and on file in the Department of Public Works and to which 31 reference is made for a more particular description; 32 33 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to 34 those terms, conditions and criteria contained in the agreement between the City of Virginia 35 Beach and Langford (the "Agreement"), an unexecuted copy of which has been presented 36 to the Council in its agenda, and will be recorded among the records of the Clerk's Office of 37 the Circuit Court of the City of Virginia Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized 40 designee is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 43 such time as Langford and the City Manager or his authorized designee execute the 44 Agreement. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 r h 47 day of January , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUF CIENCY AND FORM: BL WOR , REAL ESTATE . H RMEYER SENT R CITY ATTORNEY CA15398 R-1 Prepared: 12/2/2021 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d006\p037\00768474.doc LOT 6 LOT 8 LOT 10 GPIN 1466-76-3043 GPIN 1466-75-3915 GPIN 1466-75-2896 (M.B.36,P.23) (M.B.36,P.23) (M.B.36,P.23) NOW OR FORMERLY W NOW OR FORMERLY NOW OR FORMERLY JOHN P.SWENSON,ET AL. i T BRIAN C.MORGAN AND LINDSEY D.MORGAN RICHARD R.TENNIS,II AND (INSTR.#20110504000453390) (INSTR.#20180427000346410) MICHELLE C.TENNIS _ (D.B.4013,P.2056) 48''�(C PIN(S 1 1 S 25'ST10"W PIN(F) LINK FENCE •O 0.5 7Y'VINYL FENCE X 90.0()' x x X FENCE ON UNE m O.Y M0'66?23 LOT 7 FR/AE N GPIN 1466-75-1989 R PROPERTY OF :A II TRACEY LANGFORD 162 10.7.. W (INSTR.#20181218001032430) urrt.B J m Npp > BRICK N p J¢Z N N� a. fD O W t+i LU }O C M W W CANOPY OVER GRILL m N W Z a o N,N 6 2-'8 N $ HOT TUB ON CONC. K Z m n d CC K o ko r 1 0:IL1�N, H 61p O.B,e N • PAV 0(0Lo u-2 0 0 10 M LL ro o .fit _i'0] a,yo ',� R....Il.ER WALK -I OJ•-11 00WN 0] m* p o X. W Z OU t. �ri Z' z 03 sTEPs £ a� = U' OQ 19.7 a 1;'u 0 Z��Z Z S W SCREEN N 77'�I� = W Z- U Z N PORCH L� CC ZU E S O HVAC 1.T �A- ��—r Wla ma 'coNc.x x x 2 z I ONE STORY BRICK 1.s Sic b. •",1� 3 m w !O 1 0s #720 > o Ct 10.0 LPL / 0 4s.v PROPOSED j j /I PokcH lb , W ) . THICK CONC. �/. I 14:ce . J 201• Zre, �RNEWA - ,� y` 1. I I i • CPE" _ :t.: ii; ;. ^ E�g1 • _ LIMITS OF "� " `1`•' . 8 x CONSTRUCTION Q I ,T ::::i�16.0,..± 12"IRE m S( -••v.o' L90101 N 25'5T , .e 1':;: ' I 1 '' ' .. 46 PIN(F) 280' PIN(F) : . "" ma .c _rx EIEC ��A0CT • C7_ 'JR .• ' --°TELEPHONE -OW€k"�2111r r---:..` tri � MANHOLES_ —, ,, , / z:i:. i:•. .• O,RHEAD S 1WA ' ,..,„/„ .....- --— elf B'DISAN.S�%-_ ECG - - �'DI SAN.SEWER ORAI •�' — _ -18 RCP ST.J� WIET -- +( �HRSD _ - _ _ �- DRAIN • INLET TRAFFICC.' 'OL BOX - '_.•• • . •:SIDEWA•� .r••.•. -• Q �. -1'... MML BOX• ' C. .• ® 15'RCP ST. I ` CURBS GUTTER ? CATCH KEMPSVILLE ROAD " (FORMERLY GREAT BRIDGE ROAD) rc/ rf�{� 1 (M.B.36,P.23) ___ � T.y Li Op , -I APPROXIMATE LOCATION OF 1WC.L WATER LINE +� /� SHEET 1 OF 2 12-03-2021 rTY�, ENCROACHMENT EXHIBIT M 4 06-28-2021 ,z SHOWING PROPOSED DRIVEWAY S IBC D. LAMS a ON Lic. No. 2045 LOT 7, KEMPSVILLE COLONY, SECTION TWO ffRE'D.WIAJAM (M.B.36,P.23) VIRGINIA BEACH,VIRGINIA �Ho suR''-t°� FOR TRACEY LANGFORD SCALE:1"=25' JUNE 28,2021 ROUSE-SIRnsm ASSOCIATES, LTD. LAND SURVEYORS,MAPPING CONSULTANTS&S.U.H.QUALITY LEVELS"A-D" www.rouse-sirine.com 333 OFFICE SQUARE LANE 1311 JAMESTOWN ROAD VIRGINIA BEACH,VIRGINIA 23462 SUITE 103 REVISED:DEC.3,2021-C COMMENTS Tom++.(757)490-2300 WILLIAMSBURG,VIRGINIA 23185 REVISED:NOV.30,2021C COMMENTS FAX:(757)499-9136 TEL.(757)903-4695 REVISED:OCT.26 2021•4511LRES J.O.#13800-21-341 ACAD:KEMPSVILLE COLONY LOT 7 SEC 2 PS DWG F.B.850,P.33 GENERAL NOTES: 1.THIS SURVEY IS BASED ON A PLAT RECORDED IN THE CLERKS OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN MAP BOOK 36,PAGE 23. 2.THIS IS TO CERTIFY THAT I,ON JUNE 28,2021,SURVEYED THE PROPERTY SHOWN ON THIS PLAT,AND THAT THE TITLE LINES AND THE WALLS OF THE BUILDINGS ARE AS SHOWN ON THIS PLAT. THE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY,EXCEPT AS SHOWN. 3.THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY OR MAY NOT SHOW ALL MATTERS OF TITLE AFFECTING PROPERTY SHOWN HEREON. 4.PROPERTY APPEARS TO FALL WITHIN ZONE X(UNSHADED)(AREA DETERMINED TO BE OUTSIDE 0.2%ANNUAL CHANCE FLOODPLAIN),AS SHOWN ON NATIONAL FLOOD INSURANCE PROGRAM MAP FOR THE CITY OF VIRGINIA BEACH,VIRGINIA, MAP NUMBER 5155310083G,DATED JANUARY 16,2015. CONSTRUCTION NOTES: 1. THE OWNER IS RESPONSIBLE FOR RAISING THE EXISTING METER BOX AND SANITARY SEWER CLEANOUT TO PROPOSED GRADE IF NECESSARY. 2. THE RESIDENT MUST BE AWARE THAT THEY WILL BE RESPONSIBLE FOR THE REMOVAL AND REPLACEMENT OF THE DRIVEWAY IF CITY MAINTENANCE NEEDS TO ACCESS THE MAINTENANCE EASEMENT. 3. AN EXISTING 15"STORM DRAIN PIPE IS LOCATED UNDER THE SOUTH WESTERN PORTION OF THE PROPOSED DRIVEWAY ENCROACHMENT.ENSURE THE STORM DRAIN SYSTEM IS NOT COMPROMISED BY THE DRIVEWAY INSTALLATION.THE OUTERMOST EDGE OF THE APRON IS SLIGHTLY OVER THE EXISTING STORM PIPE;CAUTION SHALL BE EXERCISED WHEN INSTALLING OVER CITY INFRASTRUCTURE. THE OWNER WILL BE FULLY RESPONSIBLE FOR ALL DAMAGES INCURRED FOR THE DRIVEWAY INSTALLATION. 4 IF THE DRIVEWAY CAUSES ANY FUTURE NEGATIVE IMPACTS TO ADJACENT LOTS DRAINAGE,THE OWNER WILL BE RESPONSIBLE. FOR ADDRESSING THESE ISSUES. 9142 NO MC AC" LEGEND P DRIP DLIT,Tl9D0I/f}L TV I. ET TIE STNEE 1 EIEAYATE A a'Y a' ATE ME of M. 0 PIN(F)=PIN FOUND - 0 PIN(S)=PIN SET _i�1,�i LUk i II%/�I j, .11 „ X X FENCE 'R4 �jy�� - % X 0 = SILT FENCE 1 STOLE ROM WIWI. 4. m 0Room.NO �.LT =INLET PROTECTION - - TOOOSUM ECM I 11E ElC1�VATED 9ti. �T 'l 11�11 w s-�I IL�I: CE =CONSTRUCTION =II?:R :i 11= ',,' ENTRANCE %� ' ''i� TP =TREE PROTECTION ITISTOLATTLMOSIR mks..s.0"c was O.am o a old e�r.TL CONSTRUCTION OF AFF.TE aNtWFA (SILT FENCE) ree as GRAVEL Kl Orr DLIT YBDOIT fFi�'6 Am O fa MR 0. 4 STONE CONSTRUCTION ENTRANCE SW L.E D A i = / F'G� �:'�`'�yC .b� . . 77... MULCT WTI=Cr TIEE 5DCaC:PLASTIC MCCw,na ,n'�.c�rt '�.,..�"��' it DA= ..41=n <':t1 t1--11= .0• II .--. - -�. _-_err:- 1 1wAGIlAR m.D MICE i`Y=t ,- -_ :f=� SHEET 2 OF 2 NOTES AND DETAILS ov 10-28-2021 fir' ENCROACHMENT EXHIBIT , , 06-28-2021 z, SHOWING PROPOSED DRIVEWAY 8 Jane D. 1MWk S a ON Lic. No. 20I4I5 LOT 7, KEMPSVILLE COLONY, SECTION TWO F RP'D.\AIAMS (M.B.36,P 23) `^14,� SUR�c-k° VIRGINIA BEACH, VIRGINIA TRACEY LANGFORD SCALE:1"=25' JUNE 28,2021 ROUSE-SWINE ASSOCIATES, LTD. LANDSURVEYORS,MAPPING CONSULTANTS&S.U.E.QUALITY LEVELS"A-D" www.rouse-sirine.com 333 OFFICE SQUARE LANE 1311 JAMESTOWN ROAD VIRGINIA BEACH,VIRGINIA 23462 SUITE 103 TEL.(757)490-2300 WILLIAMSBURG,VIRGINIA 23185 FAX:(757)499-9136 TEL.(757)903-4695 J.O.#13800-21-341 ACAD:KEMPSVILLE COLONY LOT 7 SEC 2 PS DWG F.B.850, P.33 • PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 6 day of 0e be , 202 ( , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and TRACEY LANGFORD, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee." WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 7," as shown on that certain plat entitled: "SECTION TWO SUBDIVISION OF KEMPSVILLE COLONY PRINCESS ANNE CO, VA," Scale: 1" = 100', dated February 10, 1954, prepared by JNO M Baldwin and R S Baldwin, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 36, at page 23, and being further designated, known, and described as 720 Kempsville Road, Virginia Beach, Virginia 23464; WHEREAS, it is proposed by the Grantee to construct and maintain an additional 22' x 39', 7" thick concrete driveway, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City Right-of-Way known as Kempsville Road (formerly Great Bridge Road) the "Encroachment Area"; and GPIN: CITY RIGHT OF WAY KNOWN AS KEMPSVILLE ROAD (NO GPIN) 1466-75-1989 (720 KEMPSVILLE ROAD) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT EXHIBIT SHOWING PROPOSED DRIVEWAY ON LOT 7, KEMPSVILLE COLONY, SECTION TWO (M.B. 36, P. 23) VIRGINIA BEACH, VIRGINIA FOR TRACEY LANGFORD," having a scale of 1" = 25', dated June 28, 2021, and prepared by Rouse-Sirine Associates, Ltd., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and 2 that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided 4 by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Tracey Langford, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 202 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 202 , by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 GRANTEE: T cey Lan rd STATE OF CITY/COUNTY OF V f k (bivli,B, eo,,a,, to-wit: The foregoing instrument was acknowledged before me this (; day of NCC2rY1Ji2r- , 2021 , by Tracey Langford. (SEAL) Notary Public Notary Registration Number: SHANNON M HUGHES NOTARY PUBLIC 58 My Commission Expires: 0\3\ I COMM R�E�THOF VIRGINIA MY COMMISSION EXPIRES 12/31/2023 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P BLHC WORt/R AL ESTATE VCR CITY T RNEY 7 LOT 6 LOT 8 LOT 10 GPIN 1466-76-3043 GPIN 1466-75-3915 GPIN 1466-75-2896 (M.B.36,P.23) (M.B.36,P.23) (M.B.36,P.23) NOW OR FORMERLY m NOW OR FORMERLY NOW OR FORMERLY JOHN P.SWENSON,ET AL. >l BRIAN C.MORGAN AND LINDSEY D.MORGAN RICHARD R.TENNIS,II AND (INSTR.*20110504000453390) (INSTR.#20180427000346410) MICHELLE C.TENNIS I• K (D.B.4013,P.2056) PINS) �I S 25°57'10"W c PIN(F) s9']LG UNK FENCE A,0.5 72"VINYL FENCE K 90.00' X m X FENCE ON UNE 36RAME Qy31 LOT 7 8 GARAGE lM c GPIN 1466-75-1989 R PROPERTY OF i �c TRACEY LANGFORD 162 10.5 J y (INSTR.#20181218001032430) MIanCONC.m z u .t— xJ v 3 S� �Q m N 0 BBO BRICK v 0) W�Q 2 N W IL CANOPY OVER GRILL m N Z O W g. 2 W N N $ HOT TUB ON CONC. x Z m n 0. C re 3 0 • i7 n W C oi_„so0.6 PAVE WALK p "-p p M, m OC, m A. g m OOmat D. 3�7! IZ U STEPS S SAW U' OSY� 0 OQ 19.3 rn n Z2UZ Z=• W SCREEN N'��1T W Q U Z Q PORCH Lm ^ I 0.2' cc S HVAC z� 1.7' 2 .x LD Bo.a :cCO oNc.x x A 2 LU z ONE STORY BRICK i.s'J. • 3. w o - os #720 i Q to,0� 46.0 PROPOSED j M PokcH o - LI.I T'THICK CONC.I I/V I� ' 14.0 20.1•yam. /Zy 3 •. TX lL W CD 1 ( I ' �:=C-Y':ig;>i:-.--,. ... y� .. _ LIMITS OF b 5 • CONSTRUCTION 1�� -;:-90. .✓ +V "- . PING 280' PIN(F) I vote - - ELEC 1OLT%-ELtV• :7'.-I-S-.k "�7,,_. - LEPHONE ---- .. .. . AN MANHOLES_ —, ( i OWO'fi I :.:�:. ......i=. -3s- I�.'.-'. .-` 0 RHEA') WIRES CAN 1 -- • — ZEtl^ 6'DI SAN.SCR .• % r"� DI SAN.SEWER DRAI "net?WLET Ru 16'RCP ST.h� DRAIN — --HRSD ____ INLET TRAFFIC CO BOX Q L .. ::SIDEWALK- :.♦ ..•d•. - a 15'RCP ST. I - •-� ` CURB&GUTTER• NI' /CATCH KEMPSVILLE ROAD // BAS"' (FORMERLY GREAT BRIDGE ROAD) rc/ 1 (M.B.36,P.23) / H O I APPROXIMATE LOCATION OF 13 C.L WATER LINE 41 F G SHEET 1 OF 2 / --Y- b 12-03-2021 r1� ENCROACHMENT EXHIBIT ,. 06-28-2021 z SHOWING PROPOSED DRIVEWAY 8 ,EFFIEY D.NUNS a ON Lic. No. 2045 LOT 7, KEMPSVILLE COLONY, SECTION TWO PREY D.WI.UAM (M.B.36,P.23) (44,� suR��-(0 VIRGINIA BEACH,VIRGINIA FOR TRACEY LANGFORD SCALE:1"=25' JUNE 28,2021 ROUSE-SIRIlVE ASSOCIATES, LTD. LAND SURVEYORS,MAPPING CONSULTANTS&S.U.S.QUALITY LEVELS"A-D" www.rouse-sirine.com 333 OFFICE SQUARE LANE 1311 JAMESTOWN ROAD VIRGINIA BEACH,VIRGINIA 23462 SUITE 103 REVISED:DEC.3,2021C COMMENTS TEL•(757)490-2300 WILLIAMSBURG,VIRGINIA 23185 REVISED:NOV.30,2021C COMMENTS FAX:(757)499-9136 TEL.(757)903-4695 REVISED:OCT.26,202111'TIUTES J.O.#13800-21-341 ACAD:KEMPSVILLE COLONY LOT 7 SEC 2 PS DWG F.B.850,P.33 GENERAL NOTES: 1.THIS SURVEY IS BASED ON A PLAT RECORDED IN THE CLERKS OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN MAP BOOK 36,PAGE 23. 2.THIS IS TO CERTIFY THAT I,ON JUNE 28,2021,SURVEYED THE PROPERTY SHOWN ON THIS PLAT,AND THAT THE TITLE LINES AND THE WALLS OF THE BUILDINGS ARE AS SHOWN ON THIS PLAT. THE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY,EXCEPT AS SHOWN. 3.THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY OR MAY NOT SHOW ALL MATTERS OF TITLE AFFECTING PROPERTY SHOWN HEREON. 4,PROPERTY APPEARS TO FALL WITHIN ZONE X(UNSHADED)(AREA DETERMINED TO BE OUTSIDE 0.2%ANNUAL CHANCE FLOODPLAIN),AS SHOWN ON NATIONAL FLOOD INSURANCE PROGRAM MAP FOR THE CITY OF VIRGINIA BEACH,VIRGINIA. MAP NUMBER 5155310083G,DATED JANUARY 16,2015. CONSTRUCTION NOTES: 1. THE OWNER IS RESPONSIBLE FOR RAISING THE EXISTING METER BOX AND SANITARY SEWER CLEANOUT TO PROPOSED GRADE IF NECESSARY. 2. THE RESIDENT MUST BE AWARE THAT THEY WILL BE RESPONSIBLE FOR THE REMOVAL AND REPLACEMENT OF THE DRIVEWAY IF CITY MAINTENANCE NEEDS TO ACCESS THE MAINTENANCE EASEMENT. 3. AN EXISTING 15"STORM DRAIN PIPE IS LOCATED UNDER THE SOUTH WESTERN PORTION OF THE PROPOSED DRIVEWAY ENCROACHMENT.ENSURE THE STORM DRAIN SYSTEM IS NOT COMPROMISED BY THE DRIVEWAY INSTALLATION.THE OUTERMOST EDGE OF THE APRON IS SLIGHTLY OVER THE EXISTING STORM PIPE;CAUTION SHALL BE EXERCISED WHEN INSTALLING OVER CITY INFRASTRUCTURE. THE OWNER WILL BE FULLY RESPONSIBLE FOR ALL DAMAGES INCURRED FOR THE DRIVEWAY INSTALLATION. 4. IF THE DRIVEWAY CAUSES ANY FUTURE NEGATIVE IMPACTS TO ADJACENT LOTS'DRAINAGE, THE OWNER WILL BE RESPONSIBLE. FOR ADDRESSING THESE ISSUES. GiS 12.M®KW/ESN W ___xtT StaMCt7 MTV? 1. SET DC MTAIMS a ExuVATt A.•:e LEGEND Mogi L S.01K MMi {� »,E uE 6 nA�x 0 PIN(F)=PIN FOUND - IS //� -W /IIIO PIN(S)=PINSET j� % + X X X FENCE /�i��j� jam', I!___ra as �� — -• SF = SILT FENCE _ a wtc Fa,ei Y,,au .. BAWL.Mt Car ACT IP =INLET PROTECTION . - • LTJYnE MO EIIBC rt 11E DCA.=>d_ --11=11:: .:11=11. WO 1,E VINO, scar =11�I r ..�I II=. CE =CONSTRUCTION ENTRANCE w4. >�m �/y% ;�% 0 =TREE PROTECTION se ROS`..' .art MORO®uw COU"'lr MANS uuu a[vatic AL aaw a 1 m.m ARRASCONSTRUCT.OF A FP,.ttt BARRIER (SILT FENCE) Mt F]a OM YEL QRD➢LET SCRL.CrT Ft11616 M® O Ta ref O STONE CONSTRUCTION ENTRANCE .6.<i A (irt = ilib l"N i��,/ K!IIII I_`j11� ',�pllll�l�li�y ; ' w.wn,,, / �' Mean M.ItI`\Ani /i/'�'I' —-MASTS ',,, ^\ _; "211 COMER Pumass THE F maxaw.o a Q .�. =11 II�'.1111r , 11 II I I -n= =11 G� iI,,, g 1•— ..� %I%I%I .„�. Mitt. 7+ =............,.................., TWMnEA11 ICAO FD6 �`Y`_ =-� '•I� 0)pj,TH op SHEETSHEET 2 OF 2 ,r NOTES AND DETAILS 0 10-28-2021 ��' ENCROACHMENT EXHIBIT 06-28-2021 z SHOWING PROPOSED DRIVEWAY 8 £FFREY D. CMS a ON ` y Li�c. Noo. 2045 LOT 7, KEMPSVILLE COLONY, SECTION TWO TT E D.WWAMs (M.8.36,P.23) <q4,D SUR��yo� VIRGINIA BEACH, VIRGINIA FOR TRACEY LANGFORD SCALE:1"=25' JUNE 28,2021 ROUSE-SIRINE ASSOCIATES, LTD. LAND SURVEYORS,MAPPING CONSULTANTS&S.U.E.QUALITY LEVELS"A-D" ,' www.rouse-sirine.com 333 OFFICE SQUARE LANE 1311 JAMESTOWN ROAD VIRGINIA BEACH,VIRGINIA 23462 SUITE 103 TEL.(757)490-2300 WILLIAMSBURG,VIRGINIA 23185 FAX:(757)499-9136 TEL.(757)903-4695 J.O.#13800-21-341 ACAD:KEMPSVILLE COLONY LOT 7 SEC 2 PS DWG F_B.850, P.33 / . � % Eij — O aZ _�� CA �` " *iry � o y� . W O o co rna " jlVO N I °OryY _ A1/4,,,,, --,„ a offie t LL I CD K11) ,//44-71 ' 0 LLI LLI "3 0 CD QS z- 4 � a_U 4 , r /�wy a O d In a izA+ -lore w .� ' ..e' a T i . s - O Z CD 0`","� U) ./ • / 4- ! U-I 0 a) v o - ' -'v i ,,,,,:7,-, . .„ ,, ,%; . 77/ii& • ,.---atialsw.: ,,••••••_ , t •:J - �'l ' /- r. lir F•' rs Yr x ya. 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I 444 C ./ /,/ ' '' \\\ / if f--7 C:-J "Z. s...// r,............- �/ ° °.K.- / Zi 0 / �/ lir I / 1 / LOCATION MAP Legend ' ENCROACHMENT REQUEST I o OWNER: TRACEY LANGFORD Nigi Existing Driveway /' O GPIN: 1466-75-1989 Proposed Driveway �� j17 1 / �� Feet City Properties �,� � �� 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 08/13/2021 X:\CADD\Projects\ARC Files\AGENDA MAP S\1466-75-1989\1466-75-1989.mxd 54 ITEM— VLI.4 ORDINANCES ITEM#72394 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to DONATE crushed and reclaimed concrete to Lynnhaven River NOW re creating a sanctuary reef in the Western Branch of the Lynnhaven River Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 4, 2022 1 AN ORDINANCE TO DONATE CRUSHED AND 2 RECLAIMED CONCRETE TO LYNNHAVEN RIVER 3 NOW FOR THE PURPOSE OF CREATING A 4 SANCTUARY REEF IN THE WESTERN BRANCH OF 5 THE LYNNHAVEN RIVER 6 7 WHEREAS, in February 2019, the City Council authorized a donation of up to 8 9,000 cubic yards of reclaimed concrete; 9 10 WHEREAS, Lynnhaven River NOW has requested additional reclaimed concrete 11 and crushed concrete for purposes of building a sanctuary reef; and 12 13 WHEREAS, the proposed sanctuary reef will support a healthy coastal ecosystem 14 in the Western Branch of the Lynnhaven River; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA, THAT: 18 19 The City Council hereby authorizes a donation of up to 2,500 cubic yards of 20 crushed concrete and up to 5,000 additional cubic yards of reclaimed concrete to 21 Lynnhaven River NOW. The donated materials are provided in "as is, where is" condition. Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of January , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udge nd Management Services • tto ey's Office CA15670 R-1 December 22, 2021 55 ITEM— VLI.5 ORDINANCES ITEM#72395 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Melissa Lukeson, 1884 Wolfsnare Road, Phone: 289-9003, spoke in OPPOSITION Max Gonano, 3000 Clarke Drive, Phone: 642-3776, requested the same incentives for Fire and EMS employees Ken Stolle, Sheriff 4456 B Lookout Road, Phone: 313-7471, spoke in SUPPORT Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED Ordinance to AUTHORIZE longevity and college incentives for the sworn employees of the Sheriff s Office and TRANSFER up to $570,000 from vacancy savings within the General Fund to the Sheriff's Special Revenue Fund(Request by Sheri If Voting: 9-1 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: N. D. "Rocky"Holcomb *Council Member Holcomb filed a letter of Abstention and left during the discussion and vote January 4, 2022 REQUESTED BY SHERIFF STOLLE 1 AN ORDINANCE TO AUTHORIZE LONGEVITY AND 2 COLLEGE INCENTIVES FOR THE SWORN 3 EMPLOYEES OF THE VIRGINIA BEACH SHERIFF'S 4 OFFICE AND TO TRANSFER FUNDS IN 5 FURTHERANCE THEREOF 6 7 WHEREAS, in April 2018, the City Council adopted an ordinance (the "Pay Parity 8 Ordinance") that committed the City to studying the roles and responsibilities of 9 employees of the Virginia Beach Sheriff's Office (the "VBSO") and the Virginia Beach 10 Police Department (the "VBPD"), and, if such study supported pay parity, to pursue pay 11 parity between the employees of the VBSO and VBPD; 12 13 WHEREAS, the Pay Parity Ordinance sought to eliminate total compensation pay 14 discrepancies and to maintain pay parity thereafter; 15 16 WHEREAS, the definition of "total compensation" in the Pay Parity Ordinance 17 includes "all salary and fringe benefits available to the employees including such benefits 18 that are generally classified as an incentive;" 19 20 WHEREAS, the FY 2021-22 Operating Budget Appropriation Ordinance 21 authorized a longevity and college incentive, but this incentive was only provided to 22 "sworn law enforcement officers within the Virginia Beach Police Department;" and 23 24 WHEREAS, to honor the intent of the Pay Parity Ordinance, the Sheriff requests a 25 similar longevity and college incentive be authorized for employees of the VBSO; 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA, THAT: 29 30 1. Longevity and college incentives are hereby authorized for the sworn 31 employees of the VBSO to be provided in similar amounts and fashioned in a 32 similar manner to the longevity and college incentive authorized for officers 33 within the VBPD as part of the adopted FY 2021-22 Operating Budget. 34 35 2. To provide the incentive authorized herein, up to $570,000 is hereby authorized 36 to be transferred from vacancy savings within the General Fund to the Sheriff's 37 Special Revenue Fund. Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of January 2022. APPROVED AS TO CONTENT: APPRO D AS TO LEGAL SUFFICIENCY: ug 9 ement Services orn 's Office ana CA15668/ R-1 December 21, 2021 z. ity of Virirnia. Beach rr oURtoo VBgov.com N.D."ROCKY"HOLCOMB CELL PHONE:(757)416-2343 COUNCIL MEMBER rholcomb@vbgov.com DISTRICT 2-KEMPSVILLE January 4, 2022 In Reply Refer to 0074000 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, Section 2.2-3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on an ordinance to authorize longevity and college incentives for the sworn employees of the Virginia Beach Sheriff's Office (VBSO) and transfer up to $570,000 from vacancy savings within the General Fund to the Sheriff's Special Revenue Fund. 2. I have a personal interest in the VBSO because of my employment and income received by that governmental agency. The VBSO address is 2501 James Madison Boulevard, Virginia Beach, Virginia. 3. I will abstain from the City Council's consideration of this item. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance and cooperation in this matter. Sincerely, N.D. Rocky ,V mb Councilmember NDH/RRI 2401 COURTHOUSE DRIVE,SUITE 281,VIRGINIA BEACH,VA 23456 56 ITEM— VLL6 ORDINANCES ITEM#72396 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to ADJUST appropriated funding for Capital Project 100159, "Elbow Road Extended Phase II-C,"with a net increase of$2,937,087 COUNCIL DISTRICTS 1 — CENTERVILLE and 7—PRINCESS ANNE Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 4, 2022 1 AN ORDINANCE TO ADJUST APPROPRIATED FUNDING 2 FOR CAPITAL PROJECT #100159, "ELBOW ROAD 3 EXTENDED PHASE II-C," WITH A NET INCREASE IN 4 APPROPRIATIONS OF $2,937,087 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1 . $800,000 of previously appropriated Federal Regional Surface Transportation 10 Program allocations are hereby reduced for Capital Project (the "Project") 11 #100159, "Elbow Road Extended Phase II-C;" 12 2. $200,000 of previously appropriated Commonwealth Regional Surface 13 Transportation Program allocations are hereby reduced for the Project; 14 3. $3,529,984 of FY22 Federal Highway Infrastructure Program - Coronavirus 15 Response and Relief Supplement Act allocations are hereby accepted and 16 appropriated to the Project, with federal revenues increased accordingly; and 17 4. $407,103 of FY22 State Highway Infrastructure Program - Coronavirus 18 Response and Relief Supplement Act allocations are hereby accepted and 19 appropriated for the Project, with revenue from the Commonwealth increased 20 accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of January , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ud d Management Services ' y e s Office CA15662 R-1 December 15, 2021 57 ITEM— VLI.7a ORDINANCES ITEM#72397 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $18,603 from Edward Bryne Justice Assistance Grant (JAG) to the FY 2021- 22 Police Operating Budget and to AUTHORIZE a local match (25%of the provided federal funds) re purchase eight (8) replacement automated external defibrillators, sixteen (16) defibrillator pads, twelve (12) mounted patrol helmets, and twelve(12)protective horse nose guards with visors Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 4, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE BYRNE 2 JUSTICE ASSISTANCE GRANT FUNDS AND TO 3 AUTHORIZE A LOCAL MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1 . $18,603 is hereby accepted from the Virginia Department of Criminal 9 Justice Services and appropriated, with federal revenue increased accordingly, to the 10 FY2021-22 Operating Budget of the Police Department to purchase eight replacement 11 automated external defibrillators, sixteen defibrillator pads, twelve mounted patrol 12 helmets, and twelve horse protective nose guards and visors. 13 14 2. The local grant match (25% of the provided federal funds) is to be provided 15 by in-kind resources within the FY2021-22 Operating Budget of the Police Department. 16 17 3. The Mayor, in his capacity as chief elected official, is hereby authorized to 18 execute, on behalf of the City of Virginia Beach, all necessary agreements, certifications, 19 and assurances as instructed and required by the U.S. Department of Justice. 20 21 4. The replacement of the above items purchased with these grant funds is 22 conditioned upon receipt of future grant funding. Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of January , 2022. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget &'Wnagement Services ty r ' ice CA15669 R-1 December 22, 2021 58 ITEM— VI.I.7b ORDINANCES ITEM#72398 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $64,000 from the Department of Criminal Justice Services to the Police Department re certification of"Restrictive Justice Facilitators" Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 4, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE VIRGINIA BEACH POLICE DEPARTMENT 3 FOR JUVENILE JUSTICE AND DELINQUENCY 4 PREVENTION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $64,000 is hereby accepted from the Department of Criminal Justice Services and 10 appropriated, with federal revenue increased accordingly, to allow for city employees to 11 attend in-person classes on restorative justice facilitating, which will lead to certain 12 employees being certified as "Restorative Justice Facilitators." Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of January , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ' (2) Budget andan gnt Servicesy r s O ice CA15666 R-1 December 21, 2021 59 ITEM— VI.I.7c ORDINANCES ITEM#72399 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE:: c. $333,990 for three (3) grant awards from the Virginia Department of Emergency to the FY 2021-22 Emergency Management Operating Budget re purchase a Regional Urban Area Security Operations Trailer,build security training sites on police training grounds and support active threat joint simulation training and exercise Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 4, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 AWARDS IN THE TOTAL AMOUNT OF $333,990 FOR THE 3 OFFICE OF EMERGENCY MANAGEMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $333,990 is hereby accepted from the Virginia Department of Emergency 9 Management and appropriated, with revenue increased accordingly, to the FY 2021-22 10 Operating Budget of the Office of Emergency Management for the following purposes: 11 12 (1) $200,000 Urban Area Security Initiative Grant to purchase a regional Urban 13 Area Security Operations Trailer; 14 15 (2) $50,000 Urban Area Security Initiative Grant to build Urban Area Security 16 training sites on fire and police training grounds; and 17 18 (3) $83,990 State Homeland Security Grant Program to support Active Threat Joint 19 Simulation Training and Exercise from the United States Department of 20 Homeland Security/Federal Emergency Management Agency. Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day Of January , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: oi+iA.1,,,avto r .. /,,, udge nd Management Services C. ttorr y s Office CA15663 R-1 December 20, 2021 60 ITEM— VLLBa ORDINANCES ITEM#72400 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER: a. $122,000 from the FY 2021-22 Human Services Operating Budget to CIP Project#100100, "Human Services Comprehensive Health Records System" re replacement of the healthcare records system Voting: 10-1 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones,Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None January 4, 2022 1 AN ORDINANCE TO TRANSFER $122,000 TO CAPITAL 2 PROJECT# 100100, "HUMAN SERVICES COMPREHENSIVE 3 HEALTH RECORDS SYSTEM" 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $122,000 is hereby transferred from the FY 2021-22 Operating Budget of the 9 Department of Human Services to Capital Project # 100100, "Human Services 10 Comprehensive Health Records,"within the Information Technology Section of the Capital 11 Improvement Program for the replacement of the Department's healthcare records system. Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of January , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ud get 9 ement Services or ce CA15659 R-1 December 15, 2021 61 ITEM— VI.I.8b ORDINANCES ITEM#72401 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER: b. $162,347 from the FY 2021-22 Public Works Operating Budget to Capital Project #100364 "Schilling Point Neighborhood Dredging"DISTRICT 5— LYNNHAVEN Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: Louis R.Jones Council Members Absent: None January 4, 2022 1 AN ORDINANCE TO TRANSFER $162,347 TO CAPITAL 2 PROJECT #100364 "SCHILLING POINT NEIGHBORHOOD 3 DREDGING" 4 5 WHEREAS, by ordinance, the City Council established the Schilling Point 6 Neighborhood Special Services District; 7 8 WHEREAS, the initial rate of special service district levy included an anticipated 9 cost to construct the dredging project; and 10 11 WHEREAS, actual construction cost exceeds original estimates and 12 appropriations by $162,347. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA THAT: 16 17 $162,347 is hereby transferred from the FY 2021-22 Operating Budget of the 18 Department of Public Works to Capital Project #100364, "Schilling Point Neighborhood 19 Dredging." 20 21 BE IT FURTHER ORDAINED, THAT: 22 23 It is the intent of City Council that the funds transferred herein will be repaid to the 24 City's General Fund in future years through special service district levies in the Shilling 25 Point Neighborhood Dredging Special Service District. Adopted by the Council of the City of Virginia Beach, Virginia on the 4 t h day of January , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget a d Management Services i y rn s O ice CA15664 R-2 December 22, 2021 44Z-- 1IA BEA�, p. r� it 5 City of Vir irzia Beaco t U 2 _ 2 OF OUR NN11°N LOUIS R.JONES PHONE: (757)583-0177 COUNCILMAN-DISTRICT 4-BAYSIDE FAX (757)426-5669 Refer to File No.0074055 January 4, 2022 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance to transfer$162,347 from the FY 2021-22 Public Works Operating Budget to Capital Project#100364 Schilling Point Neighborhood Dredging. 2. Until very recently, I had an ownership interest in real property located at 1008 Witch Point Trail, which is within the service area of the dredging project. 3. Although I have sold that property, I have chosen to abstain from voting on this matter. Please record this declaration in the official records of the City Council. Thank you. Sincerely, g (.4. . Louis R. Jo -s Councilmember LRJ/RRI 1008 WITCH POINT TRAIL,VIRGINIA BEACH,VA 23455-5645 62 ITEM— VI.I.8c ORDINANCES ITEM#72402 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Phil Kellam, Commission of the Revenue, spoke in SUPPORT Upon motion by Council Member Berlucchi, seconded by Council Member Rouse, City Council ADOPTED, Ordinance to TRANSFER: c. $32,260 from vacancy savings in the General Fund to the FY 2021-22 Commissioner of the Revenue Operating Budget and APPROVE pay range increases for the Deputy and Chief Deputy position series (Requested by the Commissioner of the Revenue and City Treasurer) Voting: 10-1 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N.D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None January 4, 2022 REQUESTED BY THE COMMISSIONER OF THE REVENUE AND THE CITY TREASURER 1 AN ORDINANCE TO APPROVE POSITION PAY RANGE 2 INCREASES REQUESTED BY THE COMMISSIONER OF 3 THE REVENUE AND THE CITY TREASURER AND TO 4 TRANSFER$32,260 TO THE OPERATING BUDGET OF THE 5 COMMISSIONER OF THE REVENUE 6 7 WHEREAS, the Commissioner of the Revenue and City Treasurer have submitted a 8 joint request to the Director of Human Resources to increase pay ranges for their Deputy 9 and Chief Deputy position series; 10 11 WHEREAS, this request comes ahead of the findings of the Market Salary Survey; 12 13 NOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA, THAT: 15 16 1. The City Council hereby approves the pay range increases as requested by the 17 Commissioner of the Revenue and the City Treasurer and the City Manager is to 18 include such pay ranges in the assembly of the Proposed FY 2022-23 Operating 19 Budget. 20 21 2. The City Council approves a transfer of $32,260 from vacancy savings in the 22 General Fund to the FY 2021-22 Operating Budget of the Commissioner of the 23 Revenue for implementation of the requested pay range increases. Adopted by the Council of the City of Virginia Beach, Virginia on the 4 t h day of January , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget d Management Services o ey's Office CA15667 R-1 December 21, 2021 63 ITEM— VLJ.1 PLANNING ITEM#72403 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of VIRGINIA BEACH RACQUET CLUB NORTH ASSOCIATES,LP for a Change of Zoning from R-20 for a Residential District to R-40 Residential District re redevelop with three (3) single family dwellings and a Variance to Section 4.4(b) of the Subdivision Regulations re street line frontage at 1951 Thomas Bishop Lane DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH RACQUET CLUB NORTH ASSOCIATES,LP for a Change of Zoning from R-20 for a Residential District to R-40 Residential District re redevelop with three (3) single family dwellings and a Variance to Section 4.4(b) of the Subdivision Regulations re street line frontage at 1951 Thomas Bishop Lane (GPIN 1499469576) DISTRICT 5—LYNNHAVEN The following conditions shall be required: 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted exhibit entitled "REZONING EXHIBIT FOR VIRGINIA BEACH RACQUET CLUB NORTH ASSOCIATES, THOMAS BISHOP LANE, VIRGINIA BEACH, VA,"prepared by Timmons Group, dated September 30,2021,a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 2. When the property is developed, the residential dwellings constructed shall vary in size and design and shall be of high-quality materials and architectural features that are compatible with the surrounding development, as determined by the Planning Director. 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 4`h day ofJanuary Two Thousand Twenty Two. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 4, 2022 \* 1 i , 6, R40 � ' R3 R30 o � � o 13 /\......,.. s�� I R40 �shOp �a en \:\, R�20 0 \\ R4'0 &AM° 70 0 0 R40 �\'' \\ o -i 00 : ''--V), v� ❑ �o, S ° 0 IP coo -�i n N 4.,0- ^ %, �\ R20 ' 31 R40 ° R40 to / \, : _ o vet _ o o 0000 73 �� , �� 00000 un 0, 00000 \` \\\,\\\\\ � \\ `D1 R40 N A Site Virginia Beach Racquet Club North Associates, LP �'�12. W`�� E Property Polygons 1951 Thomas Bishop Lane S Zoning Building - Feet 64 ITEM— VLJ.2 PLANNING ITEM#72404 Upon motion by Vice Mayor Wilson,seconded by Council Member Branch, City Council APPROVED,AS PROFFERED,BY CONSENT,Application of SAMET PROPERTIES,LLC/TAYLOR FARMS LAND COMPANY, LLC for a Conditional Change of Zoning from AG-1 & AG-2 Agricultural Districts to Conditional I-1 Light Industrial District re increase ten (10) acres on site for additional stormwater storage in an above ground pond at 2097 Harpers Road DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SAMET PROPERTIES, LLC/TAYLOR FARMS LAND COMPANY, LLC for a Conditional Change of Zoningfrom AG-1 &AG-2 Agricultural Districts to Conditional I-1 Light Industrial District re increase ten (10) acres on site for additional stormwater storage in an above ground pond at 2097 Harpers Road(GPIN 2405665160)DISTRICT 6—BEACH The following conditions shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Court. 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 4th day ofJanuary Two Thousand Twenty Two. Voting: 9-2 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley John D. Moss Council Members Absent: None January 4, 2022 SAMET PROPERTIES,LLC,a North Carolina limited liability company TAYLOR FARMS LAND COMPANY,LLC,a Virginia limited liability company TO (PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this a' day of September, 2021, by and between SAMET PROPERTIES, LLC, a North Carolina limited liability company, Grantor, party of the first part; TAYLOR FARMS LAND COMPANY,LLC,a Virginia limited liability company,Grantor,party of the second part;and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,Grantee,party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, Virginia, containing 328.260 acres designated as "PARCEL A" on that plat entitled "RESUBDIVISION OF THE TAYLOR FARM, VIRGINIA BEACH,VIRGINIA", dated July 24, 2009, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,as Instrument Number 20091023001239560; and WHEREAS, the party of the first part has contracted to acquire from the party of the second part a 10 acre portion of"PARCEL A"which is described in Exhibit"A" attached hereto and incorporated herein by this reference. This 10 acre parcel as described in Exhibit "A" is hereinafter referred to as the"Property"; and WHEREAS,the party of the first part as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from AG-1 GPIN: Part of 2405-66-5160-0000 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 Agricultural District and AG-2 Agricultural District to Conditional I-1 Light Industrial District; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors'proposed rezoning,certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors'rezoning application gives rise;and WHEREAS, the party of the first part, with the consent of the party of the second part, Grantor,has voluntarily proffered,in writing,in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, in addition to the regulations provided for in the I-1 Light Industrial District by the existing 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;and WHEREAS,by Proffered Covenants, Restrictions and Conditions dated July 21,2021 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,Virginia on September 14,2021 as Instrument Number 202103073597,the Grantors herein conditioned the development of an adjoining 67.15 acre portion"PARCEL A",to adherence to six(6)enumerated conditions which are not amended or modified by this proffered amendment to the Zoning Ordinance. 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 2 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 developed,it must be assembled with and incorporated by subdivision into one (1) parcel with that adjoining property containing approximately 67.15 acres which is subject to those Proffered Covenants,Restrictions and Conditions recorded in the above referenced Office of the Clerk as Instrument Number 202103073597. 2. When the Property is developed,it shall be improved with a stormwater retention pond and related infrastructure for the capture, retention and discharge of stormwater associated with the development of the balance of assembled parcel substantially as depicted with the exhibit entitled "PROJECT DOOR BMP EXPANSION AREA", dated September 29, 2021, prepared by Kimley-Horn and Associates which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development(hereinafter"BMP Expansion Plan"). 3. When the Property is developed,the party of the first part,Grantor,shall dedicate additional necessary right of way,if any,to facilitate those right of way improvements to Harpers Road substantially in accordance with the exhibit entitled, "PROJECT DOOR HARPERS ROAD IMPROVEMENTS EXHIBIT" dated July 20, 2021 and prepared by Kimley-Horn and Associates which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development (hereinafter the "Right of Way Improvements"). 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the AG-1 and AG-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and 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 3 Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order,in writing,that any noncompliance with such conditions be remedied,and (b) to bring legal action or suit to insure compliance with such conditions,including mandatory or prohibitory injunction,abatement,damages,or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Samet Properties,LLC, a North Carolina limited liability company By: / (SEAL) Arthur Samet,Member STATE OF NORTH CAROLINA CITY/COUNTY OF t W I Ycd ,to-wit: The foregoing instrument was acknowledged before me this day of September, 2021,by Arthur Samet,Member of Samet Properties,a North Carolina limited liability company, Grantor. 616/1/4A0JA-q161-A-n\n\- otary Public My Commission Expires: 3J9-(o a.oi2 3 Notary Registration Number:olGO Ori/D0$S" .•�,�. Pc' J HA AN 5P M�'z, xxOTA,y,- s G� pV6 L,C 62 V 1 Gi +0 gt, 2,'- (.� O3/26��' .�A., ,,.lOqo COVN�� 5 WITNESS the following signature and seal: Grantor: Taylor Farms Land Company,LLC, a Virginia limited liability company By: yri 9 (SEAL) Lind T.Chappell,Mana0 r Commonwealth of Virginia City of Virginia Beach,to-wit: The foregoing instrument was acknowledged before me this I day of OP,+obQ,r' , 2021, by Linda T. Chappell, Manager of Taylor Farms Land Company, LLC, a Virginia limited liability company,Grantor. Notary Public My Commission Expires: (p '9.025 Notary Registration Number: g350;.6 y OkRELLE'�, YPUB•.cO •REG# 11C�'�O _ Y = 7935026 1Z_ COMMISSION • EXPIRES :?? ��,y. 06/30/2025 :C� . %,�0,*;'• •.........•'''�1" WEALTH OF 6 EXHIBIT "A" LEGAL DESCRIPTION Commencing at a point at the northeasterly intersection of Dam Neck Road (Variable Width Right-of-Way) and the Eastern Right of Way line of Harpers Road (Variable Width Right of Way) thence following the Eastern right of way line of Harpers Road in a northeasterly direction a distance of approximately 1,632.65 feet to a point being the:TRUE POINT OF BEGINNING;thence South 57°31'39"East,24.63 feet to a point;thence South 32°28'21"West,90.33 feet to a point of non-tangency; thence South 79° 58' 29" East, 1193.7 feet to a point of non-tangency; thence North 10° 01' 31" East, 384.4 feet to a point of non-tangency; thence North 79° 58' 29" West, 1057.24 feet to a point on the eastern right of way line of Harpers Road; thence following the eastern right of way line of Harpers Road South 33°11'34"West,317.09 feet to the TRUE POINT OF BEGINNING. HAVING AN AREA OF TEN (10)ACRES and being a part of Parcel A. GPIN: 2405-66-5160-0000 H:\AM\Conditional Rezoning\Samet Properties\10 Acres Harpers Road\Proffer Agreementdocx 7 65 ITEM— VLJ.3 PLANNING ITEM#72405 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council APPROVED,AS PROFFERED, BY CONSENT, Application of PLATINUM MANAGEMENT, LLC / 5429 GREENWICH ROAD, VA, LLC Conditional Change of Zoning from I-1 Light Industrial to Conditional A-36 Apartment re redevelop the property with a 315-unit multi family residential community at 5429 Greenwich Road DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PLATINUM MANAGEMENT,LLC/5429 GREENWICH ROAD, VA, LLC Conditional Change of Zoning from I-1 Light Industrial to Conditional A-36 Apartment re redevelop the property with a 315-unit multi family residential community at 5429 Greenwich Road (GPIN 1467449257)DISTRICT 2—KEMPSVILLE The following conditions shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Court. 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 4`"day ofJanuary Two Thousand Twenty Two. Voting: 9-2 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley John D. Moss Council Members Absent: None January 4, 2022 PLATINUM MANAGEMENT LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT ("Agreement" or "Declaration") is made and entered into as of the Effective Date (as such date is defined in this Agreement), by and between PLATINUM MANAGEMENT LLC, a Virginia limited liability company("Platinum"), Grantor for indexing purposes, and 5429 Greenwich Road, VA, LLC, a Delaware limited liability company as successor in interest to VIRGINIAN-PILOT MEDIA COMPANIES, LLC, a Virginia limited liability company ("Owner"), Grantor for indexing purposes, (Platinum and Owner are collectively referred to herein as "GRANTOR"), and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, being referred to herein as ("GRANTEE"). WITNESSETH: WHEREAS, Owner is the owner of that certain 10.7 acre parcel of improved real property located in the City of Virginia Beach, Virginia, commonly referred to as GPIN: 1467- 44-9257-0000, located at 5429 Greenwich Road, more particularly described in Exhibit A, attached hereto and incorporated herein by reference("Property"); WHEREAS, Platinum has entered into an agreement with the Owner to purchase the Property; WHEREAS, GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia,by petition addressed to GRANTEE so as to change the Zoning Classification of the Property, from I-1 Light Industrial to Conditional A-36 Apartment District; WHEREAS, it is GRANTEE's policy to provide only for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the proposed rezoning gives rise; and WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before GRANTEE, as part of the proposed amendments to the Zoning Map of GPIN: 1467-44-9257-0000 Prepared by: Lisa M.Murphy, Esquire(VSB#39111) Willcox& Savage, P.C. 440 Monticello Avenue, Suite 2200 Norfolk,Virginia 23510 the City of Virginia Beach, Virginia ("Zoning Map") with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the proposed rezonings and the need for which is generated by the proposed rezonings. NOW, THEREFORE, the GRANTOR, and 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 or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that these proffers 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 GRANTOR, and its successors, assigns, grantees and other successors in interest or title: 1. The Property shall be developed in substantial conformity with the conceptual site plan entitled "5429 Greenwich Road, Virginia Beach, VA—Conceptual Layout", prepared by Timmons Group dated September 7, 2021 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning("Planning Department"). 2. The architectural design and building materials of the multi-family dwelling units built on the Property shall be substantially compatible with the architectural style and materials depicted on the building elevation plans entitled "Society at Gateway", dated July 20, 2021 and September 7, 2021, prepared by Poole and Poole Architecture, LLC, which have been exhibited to City Council and are on file with the Planning Department. 3. There shall be no more than three hundred fifteen (315)multi-family dwelling units on the Property. 4. Parking will be provided in the approximate locations depicted on the Conceptual Site Plan; however, the total number of spaces provided will be the number required pursuant to Section 203 of the Zoning Ordinance, based on the final number of multi- family dwelling units constructed on the Property. 5. Open space shall be provided in the approximate locations depicted on the Conceptual Site Plan. 6. All lighting on the Property shall be limited to that necessary for security purposes and to comply with applicable laws and shall be shielded to prevent glare and spillover onto adjacent properties. 2 7. An HVAC unit for each dwelling unit will be located on the roof of the applicable building in which such dwelling unit is located, and will be concealed in wells or behind walls. 8. Further conditions lawfully imposed by development ordinances may be required by the GRANTEE during detailed site plan review and administration of applicable City Codes by City agencies and departments to meet all applicable City Code requirements. 9. The freestanding community identification sign shall be located substantially in the location identified on the Conceptual Site Plan. 10. All onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. The proposed sign package will be submitted to the Zoning Administrator for review and approval prior to the issuance of a sign permit. 11. Dumpsters shall be located substantially in the locations identified on the Conceptual Site Plan and shall be enclosed with a solid wall on three (3) sides comprised of materials and colors that match the buildings. 12. The Effective Date of this Agreement shall be the date this Agreement is approved by City Council. All references herein to the A-36 Apartment District and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the amendments to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date this Agreement is approved by City Council, shall continue in full force and 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 ("Clerk's Office") 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 City Council 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. 3 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, GRANTOR 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 and indexed in the names of each of the GRANTOR and GRANTEE. [THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURES AND SEALS ON FOLLOWING PAGE.] 4 WITNESS the following signature and seal. GRANTOR: PLATINUM MANAGEME a a Virginia limited liab• comp. By: :� (SEAL)Nam : =radley 3.Waltzer Tifle: Manager COMMONWEALTH OF VI GINIA CITY OF to wit: The foregoing instrument was acknowledged before me this V day of June,2021 by Bradley J.Waltzer,as Manager of Platinum Management LLC,a Virginia limited liability company,on behalf of said company. [SEAL] � C A YCPUBLtCLANE No Public el„ri REG%li •7ltl,077 Registration No: �fowl commoN •N OP VIRGINIA ' MY COLA 1,-•ON EXPIRES �21 1f1']L� Q arcl �: •,, My Commission Expires: :3 t m 5 WITNESS the following signature and seal. GRANTOR: 5429 Greenwich Road, VA,LLC, a Delaware limited liabil' y company By: (SEAL) Name: Jay Yan Title: Authorized Signatory STATE OF NEW PORK COUNTY OF -Surf° ,to wit: 'viy The foregoing instrument was acknowledged before me this 22_ day of ,2021 by 5tc}r `64.h , as �v ,T;zed, Sig vxc,to►'y of 5429 Greenwich Road VA,LLC, a Delaware Iiinitedii liability company,on behalf of said corn any. [SEAL] trootary Public Registration No: ©/G Ro O O j G I My Commission Expires: l l-1`202 2 [Signature Page to Proffered Covenants, Restrictions and Conditions] Exhibit A to Proffered Covenants, Restrictions and Conditions Legal Description of the Property ALL THAT certain tract of land with the improvements thereon, belonging and situate in the Bayside Borough in the City of Virginia Beach, Virginia and designated as PARCEL "1"on that certain plat entitled "AMENDED RESUBDIVISION OF PARCEL 'A-1'AND PARCEL'C', SURVEY OF PROPERTY FOR LANDMARK COMMUNICATIONS, INC.'(MB 78, PAGE 31), VIRGINIA BEACH, VIRGINIA", made by MSA, P.C., dated April 17, 2008, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20080430000501660. IT BEING the same property conveyed to 5429 Greenwich Road, VA, LLC, a Delaware limited liability company, by special warranty deed from Virginian-Pilot Media Companies, LLC, a Virginia limited liability company, dated May 25, 2021 and recorded May 27, 2021 in Instrument Number 202103043985. A-1 66 ITEM— VLJ.4 PLANNING ITEM#72406 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of MONET FREEMAN / SHOPPES I, LLC for a Conditional Use Permit re tattoo parlor at 4380 Holland Plaza Shopping Center DISTRICT 3 — ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MONET FREEMAN/SHOPPES I, LLC for a Conditional Use Permit re tattoo parlor at 4380 Holland Plaza Shopping Center (GPIN 1476963891)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors.Building signage designed to be a "box sign"and signage for windows shall not be permitted.A separate sign permit shall be obtained from the Planning Department for installation of any new signs. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4`h day ofJanuary Two Thousand Twenty Two. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 4, 2022 R75 N. ° R7�5/ NN, ,, � Al18 yo le 7) ' �Q,A B2 r PDH1 �Q, 02 ° Ci „ / ,?2, 7 t Al2 ` _/)- Or* y • .�� Net 4‘. �/0 / �tlo 02 ,�! -F 44b1 ., 4r ,k/si „,.: .(). 0, .___LaV, PDH1 - tk - s% 1 U / A1"2 r.C?). . F ' B2 rP// (/ 4 ,`. c''‘ ) \ o PDH1 ;00. v. r At2, N site Monet Freeman W E�y,. Property Polygons 4380 Holland Plaza Shopping Center s Zoning Building — =Nom Feet 67 ITEM— VLL.5 PLANNING ITEM#72407 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council APPROVED,BY CONSENT, Application of TRAYA'NA MILLS / PROVIDENCE SQUARE OFFICE PARK ASSOCIATES for a Conditional Use Permit re tattoo parlor at 1017 Kempsville Road DISTRICT 2 — KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA TRAYA'NA MILLS / PROVIDENCE SQUARE OFFICE PARK ASSOCIATES for a Conditional Use Permit re tattoo parlor at 1017 Kempsville Road(GPIN 1466538222)DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. All signage on the site must be in accordance with the sign regulations of the Zoning Ordinance.A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 5. The existing signage on the door and window of the business, as depicted in the site photos on page six (6) of this report, shall be allowed. No additional signage shall be added to any doors or windows of this business. If the existing signage on the window and door is removed for any reason, it shall not be replaced. 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 4`h day of January Two Thousand Twenty Two. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 4, 2022 ' ' q/' )/,( , Z 4h a) Li_ o co * 0 c3„/,,,...,_ /---- 12 /,,, , o %— Oa .. 4b, 7 N IH . / C, I:Yil */ Is �1 8 0 co . 1 0 (/ I : o r3 _'=' (7 1 /e/ am © ‘Z3 0 1, ag4 ° o -6 I 0 ., ? o„ , . .7 0 Qii ,.. pro ,,, ,. 11 13 A, ,. at L7 0 .QVi^s _ di — a) `tfeo J II ' ' (C01 \ * co 5 v *4pr°° 1 ' Al it , mow ♦ Illl belf o w , 4 -111W *Se 07- /- .-CNI- ' I aii.-. 1.0.--- _ 74k k etwir air- iiis.A x • ** ,4' ,Ak tf-, In C° pc* ir: tit' • ! aor w i''41/ii. CN- LIP-- , „, ‘ ..,,,,,„vr tt4 44 #'-_, ,%- 14 iiii III— "..!ritt* .,tral •>', WO is") . °I **:Ne 400 t iii 111ON 4t, �►�•# \ U: a 0 s'°'# i° 6. 11, ce," -, o # N, ' o \� a w�Q adc N N CO* • 0 0 ! / 0 La W (2 C2H(P ° 0 a a 68 ITEM— VLJ.6 PLANNING ITEM#72408 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of KEVIN & KEISHA MERCER / RT VIRGINIA HOLDINGS, LLC for a Conditional Use Permit re assembly use at 5300 Kempsriver Drive, Suite 126 DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA KEVIN&KEISHA MERCER/RT VIRGINIA HOLDINGS,LLC for a Conditional Use Permit re assembly use at 5300 Kempsriver Drive, Suite 126(GPIN 1466306381)DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. A business license for the Assembly Use shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division prior to occupancy. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use prior to operation. 3. The maximum number of occupants within the Assembly Use shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 5. All event activities shall occur within the building. Outdoor events shall be prohibited unless specifically permitted with a Special Event permit. 6. No amplification of music or use of speakers or monitors shall be permitted except within the enclosed building. 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 4"'day ofJanuary Two Thousand Twenty Two. January 4, 2022 69 ITEM— VLJ.6 PLANNING ITEM#72408 (Continued) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 4, 2022 46 di o 'C . --'`) -0- le Ir 112 4 N .4\v&i.. ,,, -V\\, 3 I , (cD °\ _ ° c\ Q. 1� oaAavi o IN 0, ? t ,_ v ____„,___ no\ Q_ _ i4,-eziC)' gr Lid co -0 —LI % C3 41k11 '\) 1Gbw- 4111 a g ( ,,c71 ) 7(1 ‘E3 L° t. cp vLI I w co o o a .a. ces "' paO�-all►ns - - _ ti uaayl�a 0 n NE> Q\ II ,E, p \ ,, . -t, - ic , > b- .0_ ... % cON3 •r: cu w • \ a (---- , „ 1.1 „, c,„ ..it Le) , 3 , \ (n0- QS .or-,4* ce,c):0 \ NII , j'' G , c sv1 > O M q in \U 0 --/6 0 A) CN 0 ,', LL?\\ '-\- -- cci r / - 0 LO-r' • \'' Dril ,,_ 0 0 tig ci,?0 _ - - . ra. / fi— g Dce/ ' )_____.,_ ig 314,. . >,a) 0 ______. 0 ttr / 0_ Er-'1 --m-11-pC) l'Z' 7D -- 0 >. 0) N ' :, ` ' n a N m I . �_ uilfri:j . , 0 - 0Li, \ , Ink /is-9 / GC 70 ITEM— VI.J.7 PLANNING ITEM#72409 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of JODIE CALCAGNO/H C D PROPERTIES,LC for a Conditional Use Permit re assembly use at 4752 Euclid Road DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JODIE CALCAGNO/H C D PROPERTIES,LC for a Conditional Use Permit re assembly use at 4752 Euclid Road (GPIN 1477325444) DISTRICT 4—BAYSIDE The following conditions shall be required: 1. The Assembly Use shall be limited to three thousand four hundred (3,400) square feet of the first floor to include the outdoor patio, as depicted on the floor plan entitled "LA GALLERIA— VIRGINIA BEACH, VIRGINIA,prepared by WALLER, TODD, & SADLER ARCHITECTS, INC., dated January 5, 1987, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. A business license for the Assembly Use shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for a three thousand four hundred(3,400)square foot portion of the existing building as an Assembly Use. The floor plans submitted during the building permit process must show hard markings to include doors, walls, etc. to differentiate the assembly use space from the rest of the building. 4. The maximum number of occupants within the Assembly Use shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 5. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. January 4, 2022 71 ITEM— VLJ.7 PLANNING ITEM#72409 (Continued) 6. The hours of operation for the assembly use shall be limited to 6:00 p.m. to 11:00 p.m., Monday through Friday and 12:00 p.m. to 11:00 p.m. on Saturdays and Sundays. 7. No amplification of music or use of speakers or monitors shall be permitted between the hours of 10:00 p.m. to 11:00 a.m. This Ordinance shall be effective in accordance with Section 107(9 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4`/ day ofJanuary Two Thousand Twenty Two. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 4, 2022 \\ / / w a) I (v)7 3 c..1 1 8: CNA I 03 to .— o o I ,-- i \43 4S) 1 '41) vt 0 at:t e h pi/. 4 - ri --,,, ------J .9e. -0 o co c o mix --. Cti C.) 7:11 To z C..) = 'c; C.60, -", \ •c,N -. CD LLJ \ \ ‘ 0 ' , '5 N 3\ ‘ CN 0 03 0 in n r... gt 1..... , \ \.....s lir 4 • / 0 1 - cc 7 4,7 , u, c,) . 0 >, 0 /V/ P Lei 4/ coe . 0 t" 72 ITEM— VI.J.8 PLANNING ITEM#72410 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of MICHAEL D. SIFEN, INC. / VIRGINIA BEACH INVESTMENT CO. for a Conditional Use Permit re mini warehouse /self-storage at the southwest intersection of College Park Boulevard and Providence Road DISTRICT 1—CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MICHAEL D.SIFEN,INC./VIRGINIA BEACH INVESTMENT CO. for a Conditional Use Permit re mini warehouse /self-storage at the southwest intersection of College Park Boulevard and Providence Road (GPIN 1456221655)DISTRICT 1 —CENTERVILLE The following conditions shall be required: 1. The building height shall be no higher than forty-sever(47)feet and six inches (6"). This is a deviation to the City Zoning Ordinance(CZO). 2. An eight (8)-foot tall black aluminum ornamental fence along the southern and western property lines shall be installed. This is a deviation to the required six (6) -foot solid privacy fence, as required by the City Zoning Ordinance (CZO). The eight foot tall black aluminum ornamental fence shall substantially adhere in appearance, size, and materials to the submitted rendering entitled "College Park Square Storage-Fence Detail, dated November 22, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. The eight (8)-foot-tall black aluminum ornamental fence along the southern property line is permitted on the condition that the white vinyl privacy fence to the south of the property remains. If the adjacent property owner's privacy fence is torn down and removed, the eight-foot-tall aluminum ornamental fence along the southern property line must be replaced with a six-foot tall solid privacy fence. 4. When the property is developed, it shall be in substantial conformance with the plan entitled "COLLEGE PARK ROAD STORAGE SCHEMATIC LAYOUT", prepared by SilverCore Land Development Consultants, dated September 30, 2021, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. January 4, 2022 73 ITEM— VLJ.8 PLANNING ITEM#72410 (Continued) 5. A Landscape plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval prior to issuance of a Certificate of Occupancy and shall be in substantial conformance to the plan entitled "CONCEPTUAL LANDSCAPE PLAN — PROVIDENCE ROAD STORAGE FACILITY—MICHAEL D. SIFEN, INC.",prepared by Frankenfield Design& Development, LLC, dated October 1, 2021 and revised October 25, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 6. The exterior of the proposed building shall substantially adhere in appearance, size, and materials to the submitted elevations entitled `MINI PRICE STORAGE—PROVIDENCE ROAD ROAD, VIRGINIA BEACH, VA",prepared by Finley Design, dated November 1, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 7. The freestanding monument style sign shall be no more than eight feet (8) in height with a brick base to match the materials of the building. 8. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 9. Consistent with Section 237 of the City Zoning Ordinance (CZO), all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. 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 4th day ofJanuary Two Thousand Twenty Two. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 4, 2022 Na) c%1 `kr, i 09 CC1 CO w \\N3f* I- c°°-1' ' ' ). C: . Nani— z 74- ,I vac". 't) \ re- \ O \ A, o•A‘22 ` `„_, � \ I' o� 1114i. t•-'4C-\''' . •y` ,0 Q i , ---A, �• a) 4 co \\,i c) ci, .o3� co � � I ya ` jr4 AV, WI o co ft.) ' r 0 R _ 1� QOC/ 0 0 (72 fl4D/0 - ‘ 0 o o 0 J '--ia , , To� rV /.< 40,‘,..;, 1 0 0 0 Ii ° a. cow ,. . ,,,4 /2 Or4,47- .— a) 6w , ct'd -- 7 7 ; : V L o NSco / c i oeS L tN tog It — > • % m 0. Q 4 CD d — 0 3 o 8 ,* / ( _ gym o NI , ca . N N Ca , 0 . , / . FNao 0 flt'm❑ 8a Nd ®O wirlH��\ -a 0 0Qo, �` i "�• �' N `, O. ./. a0 0 o.. sc >, v, \ o. o j N� o o — -a o N om000 o �� bb Nir •Q� co a N CO CO - 0 0 C o, f N .�net,- ° \ 74 ITEM— VLJ.9 PLANNING ITEM#72411 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Moss, seconded by Council Member Jones, City Council DEFERRED TO FEBRUARY 1, 2022, Resolution to ADOPT and AMEND the Virginia Beach Comprehensive Plan 2016 re Stormwater Impacts for Discretionary Land Use Applications (Deferred from December 7, 2021) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 4, 2022 75 ITEM— VLK APPOINTMENTS ITEM#72412 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CITIZEN OVERSIGHT BOARD COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION RESORT ADVISORY COMMISSION TRANSITIONAREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD January 4, 2022 76 ADJOURNMENT ITEM#72413 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 8:34 P.M. H. Chelius Robert M. Dyer ChiefDepu ity Clerk Mayor January 4, 2022 77 OPEN DIALOGUE The following registered to speak: Ralph Pharham, 4532 Shallowford Circle, Phone: 319-0970, did not respond ADJOURNED at 8:35 P.M. January 4, 2022