HomeMy WebLinkAboutFEBUARY 15, 2022 FORMAL SESSION MINUTESVIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 15, 2022
Mayor Dyer called to order the CITY COUNCIL MEETING in the City Council Chamber, City Hall, on
Tuesday, February 15, 2022, at 2: 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 Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
General Assembly Legislative Update
Debra M. Bryan, Legislative Affairs Liaison
February 15, 2022
Welcome to Crossover
WHAT'S NEXT:
• February 20:
Money committees report budgets by midnight
• February 22:
Money committees budget proposals available by noon
• February 24:
Houses of introduction must complete work on budget
• March 2:
Deadline for each chamber to complete work on other
•
chamber's budget proposal and revenue bills, and appoint conferees
• March 7:
Deadline for committee action on legislation by midnight
• March 12:
Scheduled adjournment sine die
• April 27:
Reconvened session for consideration of Governor's amendments and vetoes
CITY COUNCILS BRIEFING
GENERAL ASSEMBL Y L EGISLA TI VE UPDA TE
ITEM #72492
(Continued)
Here are the Legislative Items pending today:
Here are the Bills Crossing Over:
February 15, 2022
rd
CITY COUNCILS BRIEFING
GENERAL ASSEMBL Y LEGISLA TI VE UPDA TE
ITEM #72492
(Continued)
Here are the Bills Not Moving Forward:
Anderson
Law library
Passed
Failed 10-10
X
Durant
HRT $20M
No action taken
X
X
Davis
Broadband
Laid on table
X
X
Hudson
RAC
Laid on table
X
X
Wms-Graves
DHNP FOIA
Laid gently on table
X
X
Carr
Inclus Housing
Carried over
X
X
McPike
FOIA virtual mtgs
Passed
Passed
Failed 19-21
Bulova
Trees
Laid on table
X
X
Davis
Elections
Rec strike 8-0
Stricken
X
Peake
Gas Tax
None
PBI 124
X
Sickles
SS Marriage
PBI 6-4
X
X
McNamara
Gas Tax
Failed to take action
X
X
Here are Additional Items:
February 15, 2022
CITY COUNCIL -S BRIEFING
GENERAL ASSEMBLY LEGISLATIVE UPDA TE
ITEM #72492
(Continued)
Mayor Dyer expressed his appreciation to Mrs. Bryan for the presentation.
February I S, 2022
l
FY 2022 Interim Financial Statements
General Fund Overview - through January 31, 2022 (Cash Basis and Unaudited)
February 15, 2022
FY 2022 General Fund Revenues and Expenditures
through January 31, 2021
($ Amounts in Millions)
YTU Actual as
H1UiW YTD % of Bud- FY2021
FY2020
Revenues
Local
$ 1,043.3 S 504.7 48.4 r6 S
469.8 S 456.3
State (includes PPTRA)
167.3 69.9 41.8,A
61.3 65.9
Federal
28.6 12.4 43.41A
12.5 14.0
Total Revenues
$ 1,239.2 S 587.0 47.4% $
543.6 $ 536.2
Expenditures
City Operations
$ 781.8 S 419.5 S3.7% S
418.3 $ 397.6
City Capital Project - Cash Funding
103A 94.6 91.396
48.8 53.9
Transfer to Schools
456.9 266.5 S6.3%
263.1 263.5
Transfer to School Capital Projects
9.0 9.0 100.0%
9.9 3.3
Total Expenditures
S 1,351.S S 789.8 58.4% S
740.1 $ 718.5
Appropriated from Fund Balance
S (112.31 S (202.8)
Department of Finance, February 15, 2022, FY2022In . 2
100%
00'4,
ao•,.
2 0",.
0
FY2022 General Fund Summary
Jul Aug tia•p Ort Nov Der Ian Feb Mar Apr M.Y
Department of Finance. February 15, 2022. FY2022 Interim Financial 3
FY 2022 General Fund Highlights - Local Revenues
through January 31, 2022
($Amounts in Millions)
YTD Actual
YTD
as % of
Local Revenue
YTD Budget
Actual
Budget
FY 2021
FY 2020
Real Estate Tax
$ 592.6
$ 305.9
51.6%
$ 302.8
$ 289.5
Personal Property Tax
119.0
24.5
20.6%
17.3
17.4
General Sales Tax
72.8
47.0
64.6%
47.0
36.6
Business Licenses
53.2
0.3
0.6%
4.3
5.6
Utility/Telecom Tax
44.5
22.8
51.2%
14.8
23.6
Restaurant Meal Taxes
39.8
33.2
83.4%
22.0
27.2
Hotel Taxes
7.2
7.5
104.2%
5.2
5.9
Other Local Taxes
33.3
17.4
52.3%
18.1
15.0
Charges for Services
43.9
24.4
55.6%
19.2
20.0
Other Revenues
17.9
13.0
72.6%
8.4
8.9
Total
$ 1,024.2
S 496.0
48.4%
$ 4S9.1
$ 449.7
Department of Finance, February 15. 2022. FY2022 Interim
FY 2022 General Fund Highlights - Expenditures
through January 31, 2022
($ Amounts in Millions)
Expenditure Types:
Personnel:
General Government
Public Safety - Fire
Public Safety - Police
Public Safety - EMS
Public Safety - ECCS
Other Operating Cost
Debt Service
Trsf to Schools - Operating and CIP
Other Transfers
Total
YTD Actual
as % of
YTD Budget YTD Actual Budget FY 2021 FY 2020
5 276.5 $
143.8
52.0% $
145.4 $
142.1
59.3
36.6
61.7%
32.6
31.1
95.6
54.0
56.5%
51.7
50.0
9.4
6.1
64.9%
5.2
4.6
9.6
4.4
45.8%
4.8
4.9
231.6
124.2
53.6%
124.5
116.6
59.2
26.7
45.1%
30.1
27.0
465.9
275.5
59.1%
273.0
266.8
144.4
118.5
82.1%
72.8
75.4
$ 1,351.5 $
789.8
58.4% $
740.1 $
718.5
Department of Finance. February 15. 2022. FY2022Interim Financlel 5
Next Steps
FY 2022 February Update
FY 2022 March Update
FY 2022 April Update
Department of Rnenos. February IS. Y022. FY2022
0
CITY COUNCIL DISCUSSION/ INITL4 TIVES
ITEM #72494
2:31 P.M.
Council Member Rouse advised Bruce Williams, President of the Virginia African American Cultural
Center, passed away February 10, 2022. Council Member Rouse expressed his condolences to Mrs. Ellen
Williams and advised the wake will be held on the 12'h from 2-6: 00 P.M. and funeral at 1: 00 P.M. on the
18`" at the Historic First Baptist Church located at 418 Bute Street in Norfolk.
February 15, 2022
10
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM # 72 49 5
(Continued)
Council Member Henley expressed her concern that the City is not adhering to the City's policy for
replanting trees when they have been removed during projects as she was informed of a utility project
where trees were cut down but not replaced. Council Member Henley referenced the Ordinance requiring
replanting the same number of trees which were cut down in both City and developer projects, advising it
is important the City is following the policy before holding developers accountable. Council Member
Henley requested to know how this information is tracked.
Council Member Henley further advised she has been asked by the Friends of Live Oaks to preserve a grove
of Oaks near Princess Anne Commons by requesting the area be identified and take necessary actions to
preserve the trees.
City Manager Duhaney advised the utility project reported to Council Member Henley was not a City
project and added, he will provide Council Member Henley information on how the City is tracking tree
replacement.
February 15, 2022
11
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM # 72419 6
(Continued)
Council Member Henley advised a news release went out recently in an effort to attract mental health
professionals to apply to workfor the City. Council Member Henley believes sign on bonuses is not enough
and more incentives will be needed to fill the vacancies. Council Member Henley requested to see the
Workforce Study Report in hopes to understand the issues and what opportunities should be provided to
bring people back to work.
Mayor Dyer advised the Navy is introducing the Skills Bridge Program to assist active duty veterans
transition to working in the community and the Workforce Development Council is working with Tidewater
Community College (TCC) to provide educational programs relating to Off -Shore Wind.
February 15, 2022
12
CITY COUNCIL DISCUSSION / INITL4 TI VES
ITEM # 7249 7
(Continued)
Council Member Moss referenced the State of the Region Report and advised the Region was identified as
one not having a first rate research institution. Council Member Moss advised cities that have a high
concentration ofgraduates with PhD's and the tremendous incubators ofproducts that they produce, make
them ideal cities to invest in. Council Member Moss advised if the City wants to grow capital investment
this is necessary.
February 15, 2022
13
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM #72498
(Continued)
Council Member Moss advised there is a movement on the national moratorium of the federal gas tax and
asked to hear more from the City's lobbyists in Washington D.C. so the Body can provide an informed
position.
February 15, 2022
14
CITY COUNCIL DISCUSSION/ INITL4 TIVES
ITEM #72499
(Continued)
Council Member Moss advised he and Council Member Branch attended the second Community
Conversation at the Convention Center and thought it was well done and appreciated hearingfrom citizens
on what they see as issues and opportunities in the City. Council Member Moss suggested advertising three
(3) or more Council Members may attend the last two (2) Community Conversations in order to allow more
Council Members to participate.
Council Member Henley advised the next Community Conversations will be held February 17Ih at Bayside
High School Library.
February 15, 2022
15
CITY COUNCIL DISCUSSION /INITL4TIVES
ITEM #72500
(Continued)
Council Member Henley distributed copies of the drafted Resolution to Rename the Citizen Oversight Board
and to Set Fort Requirements of Certain Members, attached hereto and made a part of the record. Council
Member Henley advised the proposed new name is, "Flood Prevention Bond Referendum Oversight
Board" and will be on the next Formal Session Agenda for consideration.
February 15, 2022
REQUESTED BY COUNCILMEMBERS HENLEY AND MOSS
1 A RESOLUTION TO RENAME THE CITIZEN OVERSIGHT
2 BOARD AND TO SET FORTH REQUIREMENTS OF
3 CERTAIN MEMBERS
4
5 WHEREAS, the City Council adopted a resolution on September 7, 2021 directing
6 certain actions be taken in the event the residents of the City authorized the issuance of
7 $567,500,000 in general obligation bonds for a comprehensive flood mitigation program;
8
9 WHEREAS, the residents have answered the bond referendum in the affirmative;
10
11 WHEREAS, the City Council established the Citizen Oversight Board (the "Board")
12 by resolution on November 16, 2021, which is attached hereto as Exhibit A; and
13
14 WHEREAS, the City Council desires to rename the Board and to specify
15 qualifications for certain members;
16
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA, THAT:
19
20 1. The Citizen Oversight Board shall be renamed as the Flood Prevention Bond
21 Referendum Oversight Board.
22
23 2. Of the seven members, five such members shall have professional or
24 educational experience with finance, engineering, landscape architecture,
25 environmental science, and/or contracting/project management. The two other
26 members are not required to have such professional or educational experience.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of )2022.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CA15698
R-1
February 14, 2022
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A RESOLUTION TO ESTABLISH A CITIZEN OVERSIGHT
BOARD FOR BONDS APPROVED FOR FLOOD
MITIGATION
WHEREAS, the City Council adopted a resolution on September 7, 2021 directing
certain actions be taken in the event the residents of the City authorized the issuance of
$567,500,000 in general obligation bonds for a comprehensive flood mitigation program;
WHEREAS, the residents have answered the bond referendum in the affirmative,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, THAT:
The City Council hereby establishes a Citizen Oversight Board composed of seven
members appointed by the City Council. The Board shall have access to all financial,
contract documents, acceptance and deliverable testing and certifications
documentation, and shall receive a monthly briefing from the City Manager's designee,
the Flood Mitigation Program's quality assurance officer, and the Contractor's program
manager and quality assurance officer. After appointment or the seven members, the
Board shall give a public briefing to the City Council every two months on the twenty-one
named projects in the bond referendum question and the elimination of the backlog in the
maintenance of the City's legacy ditches, canals, and ponds. Such meeting cadence may
be changed at the recommendation of the Citizen Oversight Board subject to approval by
the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 t h day
Of November, 2021.
APPROVED AS TO LEGAL SUFFICIENCY:
rl� w lei
City- orb 's Office
CA15554
R-1
November 4, 2021
16
AGENDA REVIEW SESSION
ITEM #72501
2: 50 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
K. ORDINANCES/RESOL UTIONS
1. Resolution to ADD a Legislative Request to the 2022 Legislative Agenda re Amendment of the
Marriage Provision of the Constitution of Virginia (Requested by Council Member Berlucchi)
2. Ordinance to AMEND the scope of CIP Project #100334 "Replacement of Rudee Inlet Dredge "
re allow for Capital Maintenance of the Existing Dredge
3. Ordinance to APPROPRIATE $379, 000 in Fund Balance from the Police Federal & State Seized
Assets Special Revenue Fund to the FY2021-22 Police Department Operating Budget repurchase
vehicles, equipment, and training
4. Resolution to ESTABLISH Midwest Medical Transport Company, LLC and AUTHORIZE annual
EMS Permit re private ambulance service
5. Ordinances to ACCEPT and APPROPRIATE Funding from the Virginia Resources Authority
Virginia Community Flood Preparedness Fund:
a. $3-Million to Capital Project #100551, "Stormwater Green Infrastructure, " re
design and construction of nature -based drainage improvements in two
locations near the Eastern Branch of the Elizabeth River
b. $1,925,000 to Capital Project #100600, "Seatack Neighborhood
Improvements" re complete design and construction of drainage
improvements in the Seatack Neighborhood along South Birdneck Road
between Hughes Avenue and Sea Street
6. Ordinance to ACCEPT and APPROPRIATE to the FY 2021-22 Police Department Operating
Budget:
a. $25, 000 from the Department of Criminal Justice Services, via the Southern
Virginia Internet Crimes Against Children (ICAO) Task Force and the Bedford
County Sheriff's Office re overtime, purchase of equipment, travel, and
training to enhance efforts to address internet crimes against children
b. $374,850 from the Department of Emergency Management via the U.S.
Department of Homeland Security Federal Emergency Management Agency
re purchase equipment to the prevent and respond to potential acts of
terrorism
K. ORDINANCESIRESOL UTIONS:
ITEM #1 WILL BE CONSIDERED SEPARA TEL Y
February 15, 2022
17
AGENDA REVIEW SESSION
ITEM #72501
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
L. PLANNING
1. ASWINI KUMAR PRADHAN & PUSPALATA PRADHAN for a Modification of Pro ers to a
Conditional Chanize of Zoning re change side yard setback at 1521 Taylor Farm Road and 2617
Horse Pasture Road DISTRICT 5 (Formerly District 3 - Rose Hall)
2. DRAGAS ASSOCIATES, INC. / HAWKINS MILLS, LC/ HAWKINS MILL at HAYGOOD
CONDOMINIUM ASSOCIATION, INC., for a Conditional Change of Zonin from R-10
Residential District to Conditional A-24 Apartment Districts and Modification of Proffers re
increase the number of multi family dwellings by sixteen (16) at 5000 & 5024 Haygood Road
DISTRICT 4 (Formerly District 4 - Bayside)
3. ENVISION STUDIO, INC. / WOOD WAY KNOB HILL, LLC for a Conditional Use Permit re
tattoo parlor at 6361 Indian River Road, Suite 107 DISTRICT I (Formerly District 1- Centerville)
4. WATSON REAL ESTATE II, LLC for a Conditional Use Permit re animal hospital &
commercial kennel at 2497 North Landing Road DISTRICT 2 (Formerly District 7 - Princess
Anne)
5. MEIRONG NEWLON / LANDSTOWN COMMONS OWNER, LLC for a Conditional Use
Permit re tattoo parlor at 3312 Princess Anne Road DISTRICT 2 (Formerly District 7 - Princess
Anne)
6. WINNER'S PROPERTY, LLC / THE RUNNYMEDE CORPORATION for a Conditional Use
Permit re motor vehicle sales & service at 3 73 6 Sentara Way DISTRICT 3 (Formerly District 3 -
Rose Hall) Deferred from December 7, 2021
7. MITCHBTATTOOS, LLCDBA GREYSCALE TATTOO GALLERY/MITCHELL ANTHONY
BAER /SOUTHERN STAR COMMONS, LLC for a Conditional Use Permit re tattoo parlor at
265 Jersey Avenue, Suite 106 DISTRICT 4 (Formerly District 4 - Bayside)
8. METRO TOWING COMPANY, INC. /INTRACOASTAL ASSETS, LLC for a Conditional Use
Permit re bulk storage yard at 1194 Bells Road DISTRICT 6 (Formerly District 6 - Beach)
9. CECIL1A PATTERSON / CHAMBORD COMMONS, LLC for a Conditional Use Permit re
tattoo parlor at 328 North Great Neck Road, Suite 103 DISTRICT 6 (Formerly District 6- Beach)
February 15, 2022
rial
AGENDA REVIEW SESSION
ITEM #72501
(Continued)
10. Resolution to ADOPT and AMEND the Virginia Beach Comprehensive Plan 2016 re Stormwater
Impacts for Discretionary Land Use Applications (Deferred from February 1, 2022)
L. PLANNING:
ITEM #6 WILL BE CONSIDERED SEPARATELY
ITEM #10 WILL BE CONSIDERED SEPARATELY
February 15, 2022
19
ITEM # 72 502
Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose:
PUBLICLY -HELD PROPERTY: Discussion or consideration of the,
acquisition of real property for public purpose; or of the disposition of
publicly -held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
• District 2 — (Formerly Princess Anne District)
• District 6 — (Formerly Beach District)
PROSPECTIVE BUSINESS OR INDUSTRY: Discussion concerning a
prospective business or industry or the expansion of an existing business
or industry where no previous announcement has been made of the
business' or industry's interest in locating or expanding its facilities in the
community pursuant to Section 2.2-3711(A)(5)
PUBLIC CONTRACT: Discussion of the award of a public contract
involving expenditure of public funds, and discussion of terms or scope of
such contract, where discussion in an open session would adversely affect
the bargaining position or negotiating strategy of the public body pursuant
to Section 2.2-3 711(A) (29)
• Pembroke Area Redevelopment
LEGAL MATTERS: Consultation with legal counsel employed by a
public body regarding specific legal matters requiring the provision of
legal advice by such counsel pursuant to Section 2.2-371 ](A)(8).
• Pier Franchise Agreement
PERSONNEL MATTERS: Discussion, consideration of, or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees, Authorities, Agencies, Task Forces and
Appointees
February 15, 2022
20
ITEM #72502
(Continued)
Upon motion by Council Member Moss, seconded by Council Member Tower, City Council voted to
proceed into CLOSED SESSION at 3:03 P.M.
Voting: I1-0
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 Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
Break 3: 03 P.M. — 3:15 P.M.
Closed Session 3:15 P.M. — 5: 00 P.M.
Break 5:00 P.M. — 5:10 P.M.
Closed Session 5:10 P.M. — 5: 56 P.M.
February 15, 2022
21
FORMAL SESSION
VIRGINL4 BEACH CITY COUNCIL
FEBRUARY 15, 2022
6: 00 P.M.
Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the
City Council Chamber, City Hall, on Tuesday, February 15, 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 Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council MembersAbsent:
None
INVOCATION. Reverend Father Venacio R. Balarote, "Jun"
Pastor, St. Nicholas Catholic Church
PLEDGE OF ALLEGL4NCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor 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 341h 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
orpotential 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.
February 15, 2022
22
Vice Mayor 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 extendedperiod 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.
February 15, 2022
23
ITEM — VI.E
CERTIFICATION
ITEM # 72 503
Upon motion by Council Member Moss, seconded by Council Member Branch, City Council CERTIFIED
THE CLOSED SESSION TO BE IN A CCORDANCE 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 Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
February 15, 2022
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINL4 BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM #72502 on Page 20 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) onlypublic 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.
0 1
vyMov
)fWia nda B rnes, 1t$C
City Clerk ((,�n
February 15, 2022
24
ITEM — VI.F
MINUTES
ITEM #72504
Upon motion by Council Member Moss, seconded by Council Member Tower, City Council APPROVED
the MINUTES of the INFORMAL and FORMAL SESSIONS of February 1, 2022.
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 Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
February 15, 2022
25
ITEM — VI. G.1
MAYOR'S PRESENTATIONS
ITEM #72505
Mayor Dyer welcomed Rae Pearson Benn, Media and Communications Coordinator. Ms. Benn expressed
her appreciation to City Council for their continued support. Ms. Benn advised this month highlights the
people, events and years between 1973 — 1977 as part of the Nostalgic Virginia Beach Campaign to
celebrate the City's 60`h anniversary. Ms. Benn played a short video of the City's history between 1973 -
1977 and turned the presentation over to Mayor Dyer to present citizen awards.
60'* ANNIVERSARY A WARDS
Mayor Dyer welcomed Heidi Brickell Ulrich, daughter of Dr. Edward E. Brickell, Jr., and advised Vice
Mayor Wilson will read and present her with the Proclamation honoring her father. Vice Mayor Wilson
read the Proclamation recognizing Dr. Brickell who served as Superintendent of Virginia Beach City Public
Schools (VBCPS) from 1968 -1987, championed the integration of VBCPS by building the foundation for
the school system to become one of the greatest in the nation. Dr. Brickell exemplifies the model of
citizenship and service and is a recipient of the "Virginia Beach Diamond Award ". Vice Mayor Wilson
called upon the citizens and members within government agencies, public and private institutions, business
and schools in Virginia Beach to be of service for the benefit and betterment of the community so that future
generations can appreciate and further uplift our beloved City of Virginia Beach.
Ms. Ulrich expressed her appreciation to City Council for this recognition and expressed how much her
father loved the City and students and how much he is missed.
Mayor Dyer welcomed the Honorable Clancy Holland, former Council Member, and advised Council
Member Henley will read and present him with the Proclamation recognizing his service to the City from
1970 — 1982, where he helped shape the City from its beginnings with decisions that cultivated it as an
outstanding coastal community and inspired others with his unyielding dedication and is the recipient of
the "Virginia Beach Diamond Award ".
Council Member Henley called upon the citizens and members within government agencies, public and
private institutions, business and schools in Virginia Beach to be of service for the benefit and betterment
of the community so that fitture generations can appreciate and further uplift our beloved City of Virginia
Beach.
Mr. Holland expressed his sincere appreciation to City Council for this recognition. Mr. Holland advised
he has enjoyed his career practicing medicine and being allowed to serve the City for twelve (12) years;
expressing he is honored and proud. Mr. Holland added, this is a great place to live, not because of him
but because of all the wonderful people who live here.
February 15, 2022
g
Up
OUR NAll"
,praciaraation
`WrtW (Dr. Edward E. Bricker Jr., who served as superintendent of Virginia Beach City
Tu6fu- Schools from 1968-1987, who during his tenure championed the integration
of Virginia Beach City Tu&kc Schools and helped 6uild the foundation for the
school system to become one of the greatest in the nation; and
"*M= Or: Edward E. Bric4tZ Jr., has given of his time and knowledge to help cultivate 'Virginia
Beach into an outstanding location for many to calrhome acid an enduring source of pride in
its high standing among other large cities across the nation; and
'6tdiertax (Dr. Edward E. Bric4a Jr., has helped esta6Gsh the City as a premier coastal community
through his outstanding commitment to providwi g our youngest residents, our children, with
an education that can spring6oard them into a fife of success with opportunities for
leadership; and
U46WX Tie City of Virginia Beach has greatly 6enefitedfrom the expertise and enthusiastic support
provided 6y Or: Edward E. Bnckeg Jr. Me is counted among the City's residents and
community contn6utors who have made Virginia Beach a unique and well known place to
free, workand play; and
`648=X Tie community has been 6iessed with the unyie&iing sacrifice of (Dr. Edward E. BrickpZ Jr:,
as he has strengthened relationships with the citizens of 'Virginia Beach and within the
Mampton Bads area; and
%fWrras: By axempf&ing the model of citizenship and service in the City of 'Virginia Beach, Dr.
Edward E. Brickg jr, has supported other citizens in the contri6ution of their skiffs and
talents to the community; and
%*ff ot; "Nostalgic W is a cele6ration of Virginia Beach pioneers and residents leading up to the
60'fi anniversary of ourgreat city in January 2023.
Now ?fterefom I �Rp6ert 3t. Dyer, 9Wayor of the City of Virginia Beach, Virginia, do hereby
proc(aim:
CDr. Edward E. B»ckflx Jr.
Wedpient of tfie "Virginia Beach �DiamondAward"
In 14rgbaa &44 and I call upon the citizens and members within government agencies, pu61kc
and private i tstitutions, business, and schools in Virginia Beach to be of service for the benefit
and betterment of the community so that future generations can appreciate and further upfaft our
beloved City of Virginia Beach.
In `Nittn= W&rwf, I have hereunto set my hand and caused the Official Sea( of the City of
Virginia Beach, Virginia, to be aff red this Tifteenth day of (February Two ?ftousand Twenty -
Two.
Wp6ert w. "Bo by'° Dyer
-Mayor
IA-
0
I
^at i'-• O
• t
�S OP
V 0�`' 9
xiodW t
Clancy lfo&mr who served as a member of the Virginia Beach City Council from
1970-1982, has served the community through his hard work unwavering support,
and tireless efforts to elevate the profile of the City of Virginia Beach and to
enhance the quality of life for citizens, and
"W6errax Clancy Hotland has given of his time and knowledge to help shape 'Virginia Beach during the
city's 6eginnings with decisions that helped cultivate it into an outstanding location for many
to cad home and an enduring source of pride in its high standing among other large cities
across the nation; and
U*en= Clancy MoQand has inspired others with his unyieWing deduction to the projects and efforts
throughout 'Virginia Beach to help establish the City as a premier coastal community; and
U*ereax Tie City of 'Virginia Beach has greatly 6enefited from the foresight and enthusiastic support
provided 6y Clancy Moffand Ile is counted among the Citys residents and community
contri6utors who have made 'Virginia Beach a unique and wets known place to five, workand
play; and
%*errax The community has been blessed 6y the wisdom andpassionate advocacy of Clancy MoQand as
he has fostered relationships with the citizens of Virginia Beach and within the Aampton
meads area; and
'Wlrenax By arempfifying the model of citizenship and service in the City of 'Virginia Beach, Clancy
Yfolland has mentored and empowered other citizens to contribute their skill and talents to
the community; and
U59ffax "Nostalgic "" is a celebration of 'Virginia Beach pioneers and residents leading up to the
60th anniversary of ourgreat city in January 2023
Now gTterefvr4 I Wpbert 9K. Dyer, -%favor of the City of Virginia Beach, Virginia, do here6y
proclaim:
C&n4gjzuffand
Tsc47iqent of the 'w'rponia Beach Diamond
Aware
In liirgtnta Bea% and 1 call upon the citizens and members within government agencies, public
and private institutions, business, and schools in Virginia Beach to be of service for the 6enefit
and 6etterment of the community so that future generations can appreciate and further uplift our
beloved City of Virginia Beach.
In `Witness Udit wf, I have hereunto set my hand and caused the Official Sea( of the City of
Virginia Beach, Virginia, to be affixed this Tifteenth day of February Two ?Tiousand Twenty -
Two.
Wgbert W- "Bobby" Dyer
9Kayor
26
ITEM — VI. G.2
MAYOR'S PRESENTATIONS
ITEM #72506
AFRICAN AMERICAN HERITAGE MONTH
Council Member Rouse, on behalf of Mayor Dyer, welcomed Reverend Dr. Carla Lightfoot, Vice President
United Order of Tents Southern District # 1 and Dr. Brenda D. Reid, Deputy United Order of Tents Virginia
Beach District and read the Proclamation declaring February 2022, "AFRICAN AMERICAN HERITAGE
MONTH". Council Member Rouse expressed his appreciation to the strong women of the United Order of
Tents organizations and for services they continue to provide to the community. Council Member Rouse
called upon the citizens, government agencies, public and private institutions, businesses, and schools in
Virginia Beach to recognize the contributions of African Americans to the history and development of the
city, state and nation and commemorate this month with appropriate activities.
Dr. Lightfoot expressed her appreciation to City Council for this recognition and credited both Harriet R.
Taylor and Annetta M. Lane, who as enslaved women, established the organization 155 years ago adding
the women of the United Order of Tents organizations are still standing on their shoulders.
Dr. Reid also expressed her appreciation and pledged to continue to serve members of the community.
February 15, 2022
Vrodamation
Uf"Y ax The general commemoration of the historical contributions of African Americans in Virginia and elsewhere was first
esta6fshed as Negro 9fistory Weekin 1926 6y a natiw Virginian, Carter G. Woodson; and
U*e►tas: (President GeraldR Eorde.;panded this commemoration and celebration to encompass Black9futory 9rtonth in 1976; and
Ww►tax The theme of the commemoration in 2022 is Black9feafth and Welfness and
'NXrereax African Americans in TrincessAnne County dud not have equalaccess to doctors and regular health care; and
ufwmax The Vnitedorder of Tents, Southern O strict #1 was organized in 1867 6y African American women in this region after the
ChifWar to provide care forsickandeldedy members of the AfiicunAmerican community; and
If*ersax Several Tents were organized in (PnncessAnne County and Virginia Beach for the purpose of supporting the health, weffness
andeducation of the African American Community, and
'N*e► = The Vnited order of Tents, Southern District #1 organized here included
• Wount Nebo Tent #70 in 1891
• 9fu&4h Tent #71 in 1891
• Siloam Tent #106 in 1896
• Blooming `Violet Tent #121 in 1899
• Lois Tent #128 in 1901
• Charity Tent #133 in 1902
• Golden Sheaves Tent #137 in 1904
• LiMes of the Fields Tent #161 in 1908
• Morning Glory Tent #226 in 1913
• Ad Tent #227 in 1914
• Queen Etizabeth Tent #240 in 1914
• (Daughters of 0incessAnne Tent #349 in 1921
• Silver Leaf Tent #354 in 1924
• Queen of TP incess Anne Tent #506 in 1945
• Liaw of Virginia Beach Tent #714 in 1963
• �Rqses of Virginia Beach Tent #754 in 1980, and
• Women of Eaith Tent #796 in 2017
` *OnuM. The Vnited order of Tents organizations in Virginia Beach continue to provide services in the community, which also include
clothing andfeeding the homeless, supporting the Food Bank andrecognizing students and
'WlGertax African Americans haw overcome enslavement, discrimination, and adversity to makf positive contributions in aff areas of
enterprise andservice in Virginia Beach, the Commonwealth of Virginia, and the VnitedStates ofAmerica.
Now, ?ite►r,'b t, I, Wqbert 9K. Dyer, Mayor of the City of Virginia Beach, 'Virginia, do hereby procfaim:
Te6ruary aoaa
African,American YLeritage 94lontfi
In 1,� Oeaeh, and furthermore calf upon the citizens, government agencies, pub& and private institutions, 6usinesses, and schools in
Virginia Beach to recognize the contributions of African Americans to the history and development of the city, state, and nation and to
commemorate this month with appropriate activities.
In Uitwis iOL-rwf, I have hereunto set my hand and caused the offuiafseaf of the City of Virginia Beach, Virginia, to be affiyed this
E fteenth (Day of Tebruary, Two Thousand Twenty -Two.
Wpbert A "Bob6y" Dyer
Mayor
27
ITEM — VI.H.1
PUBLIC COMMENT
ITEM #72507
Mayor Dyer DECLARED a PUBLIC COMMENT:
Ordinance to Amend the Calendar Year 2022 Tax Levy on Personal
Property and Machinery and Tools to Provide a "Taxpayer Dividend"
(Requested by Council Member Moss)
The following registered to speak. -
Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Phil Kellam, Commissioner of the Revenue, spoke in SUPPORT
Eric Schmude, Chief Deputy Commissioner of the Revenue, spoke in SUPPORT
Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in SUPPORT
There being no additional speakers, Mayor Dyer CLOSED the PUBLIC COMMENT
February 15, 2022
28
ITEM— VI.I.1
PUBLIC HEARING
ITEM #72508
Mayor Dyer DECLARED a PUBLIC HEARING:
ACQUISITION, BYAGREEMENT OR CONDEMNATION
Temporary and Permanent Easements re Salem Road Sidewalk
Improvements Project, CIP #100423.026 (Formerly CIP #2-111.026)
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
February 15, 2022
29
ITEM — VI.I.1
FORMAL SESSION AGENDA
ITEM #72509
Mayor Dyer read the Speaker Policy and advised for items where only one (1) speaker is registered, the
City Clerk will call the speaker and they will be given three (3) minutes on each item they registered to
speak.
The City Clerk called the following speaker:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION on Ordinances/Resolutions K.• 2, 3, 4, 5a/b and
6a/b and Planning Items L: 1, 2, 3, 4, 5, 7, 8 and 9
Upon motion by Council Member Branch, seconded by Council Member Moss, City Council APPROVED,
BY CONSENT, Ordinances/Resolutions K. 2, 3, 4, 5a/b and 6a/b and Planning Items L: 1, 2, 3, 4, 5, 7,
8 and 9
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 Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
K. ORDINANCES/RESOLUTIONS:
ITEM #1 WILL BE CONSIDERED SEPARATELY
L. PLANNING:
ITEM #6 WILL BE CONSIDERED SEPARATELY
ITEM #10 WILL BE CONSIDERED SEPARATELY
February 15, 2022
30
ITEM — VI.K.1
ORDINANCESIRESOL UTIONS
ITEM #72510
The following registered to speak. -
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Melissa Lukeson, 1884 Wolfsnare Road, Phone: 289-9003, spoke in SUPPORT
Upon motion by Council Member Berlucchi, seconded by Vice Mayor Wilson, City Council ADOPTED
Resolution to ADD a Legislative Request to the 2022 Legislative Agenda re Amendment of the Marriage
Provision of the Constitution of Virginia (Requested by Council Member Berlucchi)
Voting: 10-1
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
Rouse, Guy K Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Voting Nay:
Louis R. Jones
Council Members Absent:
None
February 15, 2022
REQUESTED BY COUNCILMEMBER BERLUCCHI
1 A RESOLUTION TO ADD A LEGISLATIVE
2 REQUEST TO THE 2022 LEGISLATIVE AGENDA
3 REGARDING AMENDMENT OF THE MARRIAGE
4 PROVISION OF THE CONSTITUTION OF
5 VIRGINIA
6
7 WHEREAS, in 2006, the Constitution of Virginia was amended to define marriage
8 as only a union between one man and one woman;
9
10 WHEREAS, provisions such as that are no longer valid as a result of the United
11 States Supreme Court 2015 decision in Obergefell v. Hodges;
12
13 WHEREAS, during its 2021 Special Session I, the General Assembly approved a
14 proposed amendment to the Constitution of Virginia, but the amendment must also be
15 approved in the current 2022 session before it can be placed on the ballot for
16 consideration by the Virginia's voters;
17
18 WHEREAS, approval of Senate Joint Resolution No. 5 or House Joint Resolution
19 No. 57 in the current session would enable the General Assembly to place on the ballot
20 for consideration by Virginia's voters an amendment to the Constitution of Virginia to
21 provide that the right to marry is a fundamental right inherent in the liberty of persons and
22 to require the Commonwealth and its political subdivisions and agents to issue marriage
23 licenses, recognize marriages, and treat all marriages equally under the law, regardless
24 of the sex or gender of the parties to the marriage;
25
26 WHEREAS, the amendment also would provide that religious organizations and
27 clergy acting in their religious capacity have the right to refuse to perform any marriage;
28
29 WHEREAS, this amendment would demonstrate the Commonwealth's
30 commitment to equality by removing discriminatory text from the Constitution and
31 affirming the fundamental right to marry for all citizens and visitors; and
32
33 WHEREAS, approval of the Senate or House Resolution would enable Virginia
34 voters to amend the Constitution;
35
36 WHEREAS, approval of this amendment by the voters would benefit Virginia
37 citizens and also would signal to people and businesses in other states that are
38 considering relocating or are considering Virginia as an event location or vacation
39 destination that Virginia values equality;
40
41 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
42 OF VIRGINIA BEACH, VIRGINIA, THAT:
43
44 The City Council urges the approval of Senate Joint Resolution No. 5 or House
45 Joint Resolution No. 57 to enable Virginia's voters to decide whether to amend the
46 Constitution of Virginia's definition of marriage.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 15 t h
day of February , 2022.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Offic
CA15682
R-3
January 19, 2022
31
ITEM — VI.K.2
ORDINANCES/RESOL UTIONS
ITEM # 72 511
Upon motion by Council Member Branch, seconded by Council Member Moss, City Council ADOPTED,
BY CONSENT, Ordinance to AMEND the scope of CIP Project #100334 "Replacement of Rudee Inlet
Dredge " re allow for Capital Maintenance of the Existing Dredge
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 Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
February 15, 2022
1
2
3
4
5
6
7
8
9
10
AN ORDINANCE TO AMEND THE SCOPE OF CAPITAL
PROJECT #100334, "REPLACEMENT FOR THE RUDEE
INLET DREDGE," TO ALLOW FOR CAPITAL
MAINTENANCE OF THE EXISTING DREDGE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA THAT:
The project scope for Capital Project #100334 is hereby amended to authorize
capital maintenance expenditures related to the existing dredge, the Rudee II.
Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h day
of February , 2022.
APPROVED AS TO CONTENT:
� L
Budget and Management Services
CA15687
R-1
January 31, 2022
APPROVED AS TO LEGAL SUFFICIENCY:
ity, me s Office
32
ITEM — VI.K.3
ORDINANCES/RESOLUTIONS
ITEM # 72 512
Upon motion by Council Member Branch, seconded by Council Member Moss, City Council ADOPTED,
BY CONSENT, Ordinance to APPROPRIATE $379, 000 in Fund Balance from the Police Federal &
State Seized Assets Special Revenue Fund to the FY 2021-22 Police Department Operating Budget re
purchase vehicles, equipment, and training
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 Rouse, Guy K Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
February 15, 2022
1
2
3
4
5
6
7
8
9
10
11
12
13
14
AN ORDINANCE TO APPROPRIATE $379,000 FROM THE
FUND BALANCE IN THE POLICE FEDERAL AND STATE
SEIZED ASSETS SPECIAL REVENUE FUND FOR POLICE
EQUIPMENT AND TRAINING
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $379,000 be appropriated from the Police Federal and State Seized Assets
Special Revenue Fund to the FY 2021-22 Operating Budget of the Police Department for
the following items: vehicles for Special Investigations ($110,000); a vehicle for the
Operations Division ($60,000); computers for Special Investigations ($24,000); Police
training ($75,000); an identification card system ($50,000); and upgrade the Law
Enforcement Training Academy audio visual system ($60,000).
Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h day of
February , 2022.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT
_ - k-a;1EL- I 1_;
Budget and Management Services
CA15693
R-1
February 2, 2022
APPROVED AS TO LEGAL SUFFICIENCY:
"City Att4rn40ice
33
ITEM — VI.K.4
ORDINANCESIRESOL UTIONS
ITEM # 72 513
Upon motion by Council Member Branch, seconded by Council Member Moss, City Council ADOPTED,
BY CONSENT, Resolution to ESTABLISH Midwest Medical Transport Company, LLC and
A UTHORIZE annual EMS Permit re private ambulance service
Voting: I1-0
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 Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
February 15, 2022
1 A RESOLUTION TO APPROVE ESTABLISHMENT OF
2 MIDWEST MEDICAL TRANSPORT COMPANY, LLC IN
3 VIRGINIA BEACH AND TO APPROVE AN ANNUAL EMS
4 PERMIT FOR PROVIDING PRIVATE AMBULANCE
5 SERVICES
6
7 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must
8 approve the establishment of an emergency medical service organization in the City of
9 Virginia Beach; and
10
11 WHEREAS, in accordance with Code of Virginia § 32.1-111 .14 and City Code §
12 10.5-2, any individual or organization that desires to operate an emergency medical
13 services agency or emergency medical services vehicles in Virginia Beach for emergency
14 transport or non -emergency transport purposes must apply for a permit; and
15
16 WHEREAS, a request for establishment and an application for a permit has been
17 received from Midwest Medical Transport Company, LLC; and
18
19 WHEREAS. this request and application has been recommended for approval by the
20 Virginia Beach Department of Emergency Medical Services; and
21
22 WHEREAS, City Council finds the approval of this request and application is in the
23 best interests of the citizens of Virginia Beach as it will assure continued and adequate
24 emergency services and will preserve, protect and promote the public health, safety and
25 general welfare of the citizens.
26
27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
30 That the request of Midwest Medical Transport Company, LLC for the establishment
31 of its emergency medical service in the City of Virginia Beach, and its application for an
32 annual EMS permit for providing private EMS ambulance services in the City of Virginia
33 Beach is hereby approved and granted, effective immediately and until June 30, 2022.
34
35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 t h day of
36 February 2022.
APPROVED AS TO CONTENT:
Emergency Medical Services
CA15692
R-1
February 2, 2022
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
RE
ITEM — VI.K. 5a
ORDINANCES/RESOLUTIONS
ITEM # 72 514
Upon motion by Council Member Branch, seconded by Council Member Moss, City Council ADOPTED,
BY CONSENT, Ordinance to ACCEPT and APPROPRMIE Funding from the Virginia Resources
Authority Virginia Community Flood Preparedness Fund:
a. $3-Million to Capital Project #100551, "Stormwater Green
Infrastructure, " re design and construction of nature -based
drainage improvements in two locations near the Eastern Branch of
the Elizabeth 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 Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
February 15, 2022
1
2
3
4
5
6
7
8
9
10
11
12
13
AN ORDINANCE TO ACCEPT AND APPROPRIATE
FUNDING FROM THE VIRGINIA RESOURCES
AUTHORITY VIRGINIA COMMUNITY FLOOD
PREPAREDNESS FUND TO CAPITAL PROJECT #100551,
"STORMWATER GREEN INFRASTRUCTURE"
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA THAT:
$3,000,000 is hereby accepted and appropriated, with revenues from the
Commonwealth increased accordingly, to Capital Project #100551, "Stormwater Green
Infrastructure," for design and construction of nature -based drainage improvements in
two locations near the Eastern Branch of the Elizabeth River.
Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h day of
February , 2022.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services _Cit rn y's Office
CA15691
R-1
February 2, 2022
35
ITEM — VI.K.5b
ORDINANCES/RESOLUTIONS
ITEM # 72 515
Upon motion by Council Member Branch, seconded by Council Member Moss, City Council ADOPTED,
BY CONSENT, Ordinance to ACCEPT and APPROPRIATE Funding from the Virginia Resources
Authority Virginia Community Flood Preparedness Fund:
b. $1, 925, 000 to Capital Project #100600, "Seatack Neighborhood
Improvements" re complete design and construction of drainage
improvements in the Seatack Neighborhood along South Birdneck
Road between Hughes Avenue and Sea Street
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 Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
February 15, 2022
1
2
3
4
5
6
7
8
9
10
11
12
13
14
AN ORDINANCE TO ACCEPT AND APPROPRIATE
FUNDING FROM THE VIRGINIA RESOURCES
AUTHORITY VIRGINIA COMMUNITY FLOOD
PREPAREDNESS FUND TO CAPITAL PROJECT #100600,
"SEATACK NEIGHBORHOOD IMPROVEMENTS"
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA THAT:
$1,925,000 is hereby accepted and appropriated, with revenues from the
Commonwealth increased accordingly, to Capital Project #100600, "Seatack
Neighborhood Improvements," to complete design and construction of drainage
improvements in the Seatack Neighborhood along South Birdneck Road between Hughes
Avenue and Sea Street.
Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h day of
February , 2022.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT:
Budget and Management Services
CA 15694
R-1
February 3, 2022
APPROVED AS TO LEGAL SUFFICIENCY:
City At#orne s Office
36
ITEM — VI.K. 6a
ORDINANCESIRESOL UTIONS
ITEM # 72 516
Upon motion by Council Member Branch, seconded by Council Member Moss, City Council ADOPTED,
BY CONSENT, Ordinance to ACCEPT and APPROPRMTE to the FY 2021-22 Police Department
Operating Budget:
a. $25, 000 from the Department of Criminal Justice Services, via the
Southern Virginia Internet Crimes Against Children (ICAO) Task
Force and the Bedford County Sheriff's Office re overtime, purchase
of equipment, travel, and training to enhance efforts to address
internet crimes against children
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 Rouse, Guy K Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
February 15, 2022
1
2
3
4
5
6
7
8
9
10
11
12
13
AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
FUNDS FOR EFFORTS TO ADDRESS INTERNET CRIMES
AGAINST CHILDREN
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $25,000 from the Virginia Department of Criminal Justice Services, via the
Southern Virginia Internet Crimes Against Children Task Force and the Bedford County
Sheriff's Office, is hereby accepted and appropriated, with revenue from the
Commonwealth increased accordingly, to the FY 2021-22 Operating Budget of the Police
Department for overtime, the purchase of equipment, travel, and training to enhance
efforts to address internet crimes against children.
Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h day of
February , 2022.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services 7G' rn s Office
CA15689
R-1
February 2, 2022
37
ITEM — VI.K. 6b
ORDINANCES/RESOLUTIONS
ITEM # 72 517
Upon motion by Council Member Branch, seconded by Council Member Moss, City Council ADOPTED,
BY CONSENT, Ordinance to ACCEPT and APPROPRIATE to the FY 2021-22 Police Department
Operating Budget:
b. $374,850from the Department ofEmergency Management via the U.S.
Department of Homeland Security Federal Emergency Management
Agency re purchase equipment to the prevent and respond to
potential acts of terrorism
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 Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
February 15, 2022
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
FUNDS TO THE POLICE DEPARTMENT FOR TERRORISM
RESPONSE EQUIPMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
1. $374,850 from the Virginia Department of Emergency Management via the
U.S. Department of Homeland Security Federal Emergency Management
Agency is hereby accepted and appropriated, with federal revenue increased
accordingly, to the FY 2021-22 Operating Budget of the Police Department to
purchase a bomb robot, which is a part of the multi -year replacement plan.
2. The equipment purchased with these grant funds is not guaranteed to be
replaced by the City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of
February , 2022.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT
Budget and Management Services
CA15688
R-1
February 2, 2022
APPROVED AS TO LEGAL SUFFICIENCY:
l
City ne ' ffce
38
ITEM — VI. L.1
PLANNING
ITEM # 72 518
The following registered to speak. -
James White, 40718`' Street, Phone: 749-8469, did not respond
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Council Member Branch, seconded by Council Member Moss, City Council APPROVED,
AS MODIFIED, AS PROFFERED, BY CONSENT, Application of ASWINI KUMAR PRADHAN &
PUSPALATA PRADHAN for a Modif cation of Proffers to a Conditional Chan,%,Ye of Zoning re change
side yard setback at 1521 Taylor Farm Road and 2617 Horse Pasture Road DISTRICT 5 (Formerly District
3 - Rose Hall)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ASWINI KUMAR PRADHAN & PUSPALATA PRADHAN for a
Modification of Proffers to a Conditional Change of Zoning re change
side yard setback at 1521 Taylor Farm Road and 2617 Horse Pasture
Road (GPIN 1495750349) DISTRICT 5 (Formerly District 3 - Rose Hall)
The following conditions shall be required:
An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15`" day of February 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 Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
February 15, 2022
G2 4
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Property Polygons 1521 Taylor Farm Road and 2617 Horse Pasture Road IS
Zoning
Building Feet
0 3570 140 210 280 350 420
SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND
CONDITIONS TO LOT 23C IN TAYLOR FARM COMN ERCE PARK
AS WINI KtTMAR PRADHAN AND PUSPALATA PRADHAN, husband and wife,
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 14th day of December, 2021, by and between
AS WINI KUMAR PRADHAN AND PUSPALATA PRADHAN, husband and wife,
Property Owners, Grantors; and THE CITY OF VIRGH41A BEACH, a municipal
corporation of the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, Property Owners are the owners of a parcel of property located in the
Princess Anne District of the City of Virginia Beach, containing 1.0 acre known as Parcel
23C in the subdivision plat recorded as Instrument No.: 20180621000504970 and shown in
the attached Exhibit "A" incorporated by reference and referred to as the "Property;" and
WHEREAS, the Property is subject to "First Amendment to Proffered Covenants,
Restrictions and Conditions" accepted by the Grantee and recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach as Instrument No.: 200409220151888; and
WHEREAS, the Grantor has requested to the Grantee to accept a modification and an
amendment to the First Amendment to Proffered Covenants, Restrictions and Conditions
("Proffer") recorded in Instrument No.: 200409220151888 as set forth herein; and
WHEREAS, the Grantee's policy is to provide for the development of land for
various purposes through zoning and land development legislation; and
WI -AREAS, the Grantor acknowledges development conflicts can occur and in order
for the Grantee to permit certain uses the Grantee will require reasonable conditions for the
use of the Property for the protection of the community not applicable to other land; and
WHEREAS, the Grantor conveys this modification, in writing, in advance of a public
hearing before the Grantee, to the Proffer related to the physical development, operation,
and use of the Property to be incorporated as a part of the recorded Proffer.
NOW, THEREFORE, the Grantors, their successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without compulsion,
promise, or consideration from the Grantee, make the following amended and modified
declaration of conditions, covenants, restrictions as to the physical development, operation,
and use of the Property and hereby covenant and agree that this declaration shall constitute
covenants running with the Property, which shall be binding upon the Property and upon all
parties and persons claiming under or through the Grantor, its successors, personal
representatives, assigns, grantees, and other successors in interest or title.
1. Proffer numbered "1 (d)" is amended to read:
(d) A minimum fifteen -foot (15') side yard building setback shall be required
on the western side of Lot 23 C and a minimum side yard building setback of
thirty-foot (30') shall be required on the eastern side of Lot 23C despite a rear
property line abutting Dam Neck Road.
2. All of the terms, conditions, covenants, and agreement set forth in the Proffer, save
and except proffer numbered "l (d)" which is amended herein, are ratified, affirmed
and remain binding upon the Property and upon all parties and persons claiming
under, by or through the Grantor.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee shall continue in full force and effect until a subsequent action
either changes the zoning of the Property or otherwise repeals such conditions. The
acceptance by the Grantee is 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
advertised pursuant to Va. Code § 15.2-2204, recorded as Exhibit B to this instrument.
GRANTORS:
PUSPALATA PRA.DHAN
F-i-v (SEAL)
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this 14 A day of December
2021 by Aswini Kumar Pradhan and Puspalata Pradhan me in the of Virginia.
Notary Public
Notary Registration No.: / / 0 0 t 0
TONI ANNETTE REDIFER
NOTARY PUBLIC
REGISTRATION II 7705010
COMIMONWEALTH Of Y1RGIN1A
My COM ISSION E PIRES
My commission expires: .7..r3( - 0 i°•�
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon,
lying, situate and being located in the City of Virginia Beach, Virginia and being known, numbered
and designated as "Lot 23C" as shown on that certain plat entitled, "Subdivision Plat of Lot 23A
Taylor Farm Commerce Park, Virginia Beach, Virginia", dated January 31, 2018, and prepared by
American Engineering Associates —Southeast, P.A., Inc., which plat is duty recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No.
2018062100504970. Reference is hereby made to said plat for a more particular description of the
property.
2
R%
ITEM — VI.L.2
PLANNING
ITEM # 72 519
Upon motion by Council Member Branch, seconded by Council Member Moss, City Council APPROVED,
AS MODIFIED, AS PROFFERED, BY CONSENT, Application of DRAGAS ASSOCIATES, INC. /
HAWKINSMILLS, LC/HAWKINS MILL atHAYGOOD CONDOMINIUMASSOCL4TION, INC., for
a Conditional Change of Zoning from R-10 Residential District to Conditional A-24 Apartment Districts
and Modif cation of Proffers re increase the number of multi family dwellings by sixteen (16) at 5000 &
5024 Haygood Road DISTRICT 4 (Formerly District 4 - Bayside)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
DRAGAS ASSOCLATES, INC. / HAWKINS MILLS, LC/
HAWKINS MILL at HAYGOOD CONDOMINIUM
ASSOCIATION, INC., for a Conditional Change of Zoning from
R-10 Residential District to Conditional A-24 Apartment Districts
and Modification of Proffers re increase the number of multi-
family dwellings by sixteen (16) at 5000 & 5024 Haygood Road
(GPINs 1468934983, 1468933539) DISTRICT 4 (Formerly
District 4 - Bayside)
The following conditions shall be required:
An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15"' day of February 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 Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
February 15, 2022
0 0
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5000 & 5024 Haygood Road
Feet
0 40 80 160 240 320 400 480
FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS
HAWKINS MILL, L.C., a Virginia limited liability company
HAWKINS MILL AT HAYGOOD CONDOMINIUM ASSOCIATION, INC., a Virginia non -stock
corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 15th day of November, 2021, by and between HAWKINS
MILL, L.C., a Virginia limited liability company, party of the first part, Grantor; HAWKINS MILL
AT HAYGOOD CONDOMINIUM ASSOCIATION, INC., a Virginia non -stock corporation, party of the
second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, party of the third part, Grantee.
WITNESSETH:
WHEREAS, the party of the first part is the owner of that certain parcel of property
located in the Bayside District of the City of Virginia Beach, Virginia, containing approximately
0.69 acres which is more particularly described in Exhibit "A" attached hereto and incorporated
herein by this reference (hereinafter the "Additional Property"); and
WHEREAS, the party of the second part is the mandatory membership unit owners
association of the Hawkins Mill at Haygood Condominium on 8.96 acres in the Bayside District
of the City of Virginia Beach, Virginia which is empowered to operate, manage, administer,
maintain, control, add to and improve the condominium property as described on Exhibit "B"
attached hereto and incorporated herein by this reference (hereinafter the "Existing
Condominium Property"); and
GPIN: 1468-93-4983-0000
1468-93-3539-0000
Prepared by:
R. Edward Bourdon, Jr., Esq. (VSB #22160)
Sykes, Bourdon, Ahern & Levy, P.C.
4429 Bonney Road
Suite 500
Virginia Beach, Virginia 23462
WHEREAS, the party of the first part has initiated a conditional amendment to the Zoning
Map of the City of Virginia Beach, Virginia by petition addressed to the Grantee so as to change
the Zoning Classification of the Additional Property from R-10 Residential District to Conditional
A-24 Apartment District, for the purpose of adding and developing the Additional Property as a
part of the Hawkins Mill at Haygood Condominium; and
WHEREAS, the party of the second part, as authorized by its Board of Directors and
Members has initiated a modification to a conditional amendment to the Zoning Map of the City
of Virginia Beach, by petition addressed to the Grantee so as to add the Additional Property and
modify conditions to the Zoning Classification of the Existing Condominium Property; and
WHEREAS, the Grantors collectively have requested Grantee to permit the modification
of the previously proffered Covenants, Restrictions and Conditions dated November 21, 2017, as
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as
Instrument Number 20180511000385250 (hereinafter "2017 Proffers"), to reflect both the land
use plan on the Additional Property and amendments applicable to the land use plan on the
Existing Condominium Property (hereinafter collectively referred to as the "Combined
Properties"); 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 collectively acknowledge that competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the area of the
Property and at the same time to recognize the effects of change, and the need for various types
of uses, certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned are needed to cope with the
situation to which the Grantors' proposed rezoning application gives rise; and
WHEREAS, the Grantors collectively have voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map and Modification of the 2017 Proffers, in addition to the regulations provided for in
the A-24 Zoning District by the existing overall Zoning Ordinance, the following reasonable
conditions related to the physical development, operation, and use of the Combined Properties
of the Grantors as described herein, to be adopted as a part of said amendment to the Zoning
Map and Modification of Proffers relative and applicable to the Combined Properties which have
a reasonable relation to the rezoning and the need for which is generated by the rezoning; and
2
WHEREAS, it is the intent of the Grantors that the proffered covenants, restrictions and
conditions contained herein shall supersede and replace in their entirety those six (6) numbered
proffers contained in the 2017 Proffers.
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 .fro -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 Combined
Properties and hereby covenant and agree that this declaration shall constitute covenants
running with the Combined Properties, which shall be binding upon the Combined Properties
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 Combined Properties are developed, it shall be as a residential
condominium community, substantially in accordance with the "HAWKINS MILL Conceptual Site
Plan" dated "July 1, 2021", which has been exhibited to the Virginia Beach City Council and is on
file with the Virginia Beach Department of Planning and Community Development (the "Concept
Plan").
2. When the Combined Properties are developed, it will feature a heavily landscaped
streetscape frontage on Haygood Road and Wesleyan Drive, a monument style community
identification sign, community pool and cabana, two (2) community water features with aerated
fountains, and vegetated buffers adjacent to abutting properties as depicted and described on
the Concept Plan.
3. The total number of dwelling units permitted on the Combined Properties shall
not exceed one hundred four (104) and the total number of residential buildings shall not exceed
twenty-six (26). Each dwelling unit shall contain a minimum of one thousand six hundred
(1,600) square feet of living area.
4. The architectural design and exterior building materials of the residential
buildings will be substantially as depicted and described on the Hawkins Mill "Architectural
Elevation Luxury Vilas" dated July 1, 2021, which has been exhibited to the Virginia Beach City
Council and are on file with the Virginia Beach Department of Planning and Community
Development (the "Elevations").
CA
S. When the Combined Properties are developed, the Grantors shall record a
Declaration submitting the Combined Properties to the Condominium Act of the Commonwealth
of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all
open spaces, common areas, amenities, landscaping and other improvements on the Combined
Properties as depicted on the Concept Plan. Membership, by all residential unit owners, in the
Condominium Association shall be mandatory.
6. 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.
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 Combined Properties and
specifically repeals such conditions. Such conditions shall continue despite a subsequent
amendment to the Zoning Ordinance even if the subsequent amendment is part of a
comprehensive implementation of a new or substantially revised Zoning Ordinance until
specifically repealed. The conditions, however, may be repealed, amended, or varied by written
instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and executed by the record owner of the Combined Properties 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;
4
(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 Combined Properties, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office of the
Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the
Grantors and the Grantee.
5
WITNESS the following signature and seal:
Grantor:
Hawkins Mill, L.C., a Virginia limited liability company
By: Dragas Associates, Inc., a Virginia corporation, its
Manager
By: C (SEAL)
Helen E. Dragas, Presid n
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this _!-day of November, 2021,
by Helen E. Dragas, President of Dragas Associates, Inc., a Virginia corporation, Manager of
Hawkins Mill, L.C., a Virginia limited liability compa , Grantor.
otary ublic
My Commission Expires: fig' �J ' Z�Z� ARETHA N. WHITENOTARY PUBLIC
Notary Registration Number: r719'70FS(0 REG.#7197080
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES AUGUST 31, 2025
C
WITNESS the following signature and seal:
Grantor:
Hawkins Mill at Haygood Condominium Association, Inc., a
Virginia non -stock corporation
By: VZL(SEAL)
Chairperson of the oar o Directors
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this l fgday of November, 2021,
by 941n Dra.q O- S Chairperson of the Board of Directors of Hawkins Mill at
Haygood Condominium Association, Inc., a Virgini on -stock corporation, Grantor.
Not r Public
My Commission Expires: OF- • Zo 2
Notary Registration Number: ?/'170$0 ARETHA N. WHITE
NOTARY PUBLIC
REG. #7197080
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES AUGUST 31, ]2025
EXHIBIT "A"
LEGAL DESCRIPTION - ADDITIONAL PROPERTY
GPIN: 1468-93-4983-0000
All that certain lot, piece or parcel of land in the Bayside District of the City of Virginia Beach,
Virginia, and designated as Lot No. Five (5) on a certain plat entitled "Subdivision of Property of
Meekins Hawkins Estate; located in Bayside, Princess Anne County, Virginia, dated March 1959,
and made by W.B. Gallup, county Surveyor and recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia in Map Book 52, at Page 14, reference to which is hereby
made for a more particular description of the property hereby conveyed.
0
EXHIBIT '(B"
LEGAL DESCRIPTION - EXISTING CONDOMINIUM PROPERTY
GPIN: 1468-93-3539-0000
ALL that certain piece or parcel of land in the Bayside District of the City of Virginia Beach, Virginia
designated as "PARCEL A GPIN 1468-93-3539" on that certain "RESUBDIVISION PLAT OF LOTS 1,
2, 14, 15 AND PORTIONS OF LOTS 6-13, PROPERTY OF HAWKINS MILL, L.C." as recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number
20200129000100390.
H:\AM\Conditional Rezoning\Dragas Associates\Hawkins Mi11\2021\1st Amendment to Proffer.docx
A
ITEM — VI.L.3
PLANNING
ITEM # 72 52 0
Upon motion by Council Member Branch, seconded by Council Member Moss, City Council APPROVED,
AS CONDITIONED, BY CONSENT, Application of ENVISION STUDIO, INC. / WOOD WAY KNOB
HILL, LLC for a Conditional Use Permit re tattoo parlor at 6361 Indian River Road, Suite 107 DISTRICT
1 (Formerly District I - Centerville)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ENVISION STUDIO, INC. / WOOD WAY KNOB HILL, LLC
for a Conditional Use Permit re tattoo parlor at 6361 Indian River
Road, Suite 107 (GRIN 1456244833) DISTRICT I (Formerly
District I - Centerville)
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 for consistency with the provisions of Chapter 23 of
the City Code.
2. The actual application of tattoos shall not be visible from the exterior of the establishment
or from the waiting and sales area within the establishment.
3. Any on -site signage for the establishment shall meet the requirements of the City Zoning
Ordinance, 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. Window signage shall not be
permitted. A separate sign permit shall be obtained from the Planning Department for the
installation of any new signs.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15"' day of February 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 Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
February 15, 2022
S ite
Property Polygons
Zoning
Building
"a
�WN
m
Envision Studio, Inc
6361 Indian River Road, Unit 107
R10
Feet
0 2040 80 120 160 200 240
41
ITEM — VI.L.4
PLANNING
ITEM # 72 521
Upon motion by Council Member Branch, seconded by Council Member Moss, City Council APPROVED,
AS CONDITIONED, BY CONSENT, Application of WATSONREAL ESTATEII, LLCfor a Conditional
Use Permit re animal hospital & commercial kennel at 2497 North Landing Road DISTRICT 2 (Formerly
District 7 - Princess Anne)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
WATSON REAL ESTATE II, LLC for a Conditional Use Permit re
animal hospital & commercial kennel at 2497 North Landing Road
(GPINs 1494811072, 1494800978) DISTRICT 2 (Formerly District 7 -
Princess Anne)
The following conditions shall be required:
Recommended Conditions for Animal Hospital
1. The applicant/owner shall submit a resubdivision plat to vacate the interior property line
with the City of Virginia Beach Department of Planning & Community Development. Said
plat shall be subject to review and approval of the Department of Planning & Community
Development, and plat shall be recorded with the City of Virginia Beach Circuit Court
Clerk's Office within 365 days from the date of the City Council action.
2. When the property is developed, it shall be in substantial conformance with the concept
plan entitled "CONCEPT SITE DIAGRAM — Revised Footprint, COURTHOUSE
VETERINARY CLINIC & PET BOARDING, 2497 N. LANDING ROAD, VIRGINIA
BEACH, VA. ", dated October 20, 2021, and prepared by BDA ARCHITECTURE, P.C.,
which has been exhibited to the Virginia Beach City Council and is on file in the
Department of Planning and Community Development.
3. A Landscape Plan shall be submitted to the Development Services Center of the
Department of Planning and Community Development for review and ultimate approval
prior to the issuance of a Certificate of Occupancy. The Landscaping Plan shall address
all requirements of the Landscaping Guide including, but not limited to, the installation of
street frontage plantings, buildingfoundation plantings, and interior parking lot plantings.
4. The exterior of the proposed buildings shall substantially adhere in appearance, size,
materials to the submitted elevations entitled "EXTERIOR ELEVATIONS -
COURTHOUSE VETERINARY CLINIC & PET BOARDING, 2497 NORTH LANDING
ROAD, VIRGINIA BEACH, VA 23456 ", dated August 18, 2020, and prepared by BDA
ARCHITECTURE, P.C., which has been exhibited to the Virginia Beach City Council and
is on file in the Department of Planning and Community Development.
February 15, 2022
42
ITEM — VI.L.4
PLANNING
ITEM # 72 521
(Continued)
5. The signage design shall substantially adhere in appearance, size, materials to the
submitted elevations entitled "SIGNAGE DESIGN - COURTHOUSE VETERINARY
HOSPITAL, 2497 NORTH LANDING ROAD, VIRGINIA BEACH, VA 23456 ", dated
September 23, 2020, and prepared by BDA ARCHITECTURE, P.C., which has been
exhibited to the Virginia Beach City Council and is on file in the Department of Planning
and Community Development.
6. The applicant shall comply with Section 223 of the Zoning Ordinance.
7. The final stormwater plan submitted to the Development Services Center (DSC) shall be in
substantial conformance with the preliminary stormwater analysis utilizing the same basis
of design.
Recommended Conditions for Commercial Kennel
1. The applicant/owner shall submit a resubdivision plat to vacate the interior property line
with the City of Virginia Beach Department of Planning & Community Development. Said
plat shall be subject to review and approval of the Department of Planning & Community
Development, and plat shall be recorded with the City of Virginia Beach Circuit Court
Clerk's Office within 365 days from the date of the City Council action.
2. When the property is developed, it shall be in substantial conformance with the concept
plan entitled "CONCEPT SITE DIAGRAM — Revised Footprint, COURTHOUSE
VETERINARY CLINIC & PET BOARDING, 2497 N. LANDING ROAD, VIRGINIA
BEACH, VA. ", dated October 20, 2021, and prepared by BDA ARCHITECTURE, P.C.,
which has been exhibited to the Virginia Beach City Council and is on file in the
Department of Planning and Community Development.
3. A Landscape Plan shall be submitted to the Development Services Center of the
Department of Planning and Community Development for review and ultimate approval
prior to the issuance of a Certificate of Occupancy. The Landscaping Plan shall address
all requirements of the Landscaping Guide including, but not limited to, the installation of
street frontage plantings, buildingfoundation plantings, and interior parking lot plantings.
4. The exterior of the proposed buildings shall substantially adhere in appearance, size,
materials to the submitted elevations entitled "EXTERIOR ELEVATIONS -
COURTHOUSE VETERINARY CLINIC & PET BOARDING, 2497 NORTH LANDING
ROAD, VIRGINIA BEACH, VA 23456 ", dated August 18, 2020, and prepared by BDA
ARCHITECTURE, P.C., which has been exhibited to the Virginia Beach City Council and
is on file in the Department of Planning and Community Development.
February 15, 2022
43
ITEM — VI.L.4
PLANNING
ITEM # 72 521
(Continued)
5. The signage design shall substantially adhere in appearance, size, materials to the
submitted elevations entitled "SIGNAGE DESIGN - COURTHOUSE VETERINARY
HOSPITAL, 2497 NORTH LANDING ROAD, VIRGINIA BEACH, VA 23456' . dated
September 23, 2020, and prepared by BDA ARCHITECTURE, P.C., which has been
exhibited to the Virginia Beach City Council and is on file in the Department of Planning
and Community Development.
6. The applicant shall ensure that all dogs are properly vaccinated and immunized and are
licensed through the City of Virginia Beach.
7. All dogs, when outside, shall be supervised at all times, and shall not be a nuisance to any
other property owners or residents.
8. All signage on the site must be in accordance with sign regulations of the Zoning
Ordinance.
9. The commercial dog kennel structure shall be maintained in a safe and sanitary condition.
10. All animal waste from the commercial dog kennel shall be collected and disposed of in a
lawful manner on a daily basis.
11. Dog shows shall be prohibited.
12. The commercial dog kennel structure shall be constructed to be soundproofed and air-
conditioned.
13. The applicant shall comply with Section 223 of the Zoning Ordinance.
14. The final stormwater plan submitted to the Development Services Center (DSC) shall be in
substantial conformance with the preliminary stormwater analysis utilizing the same basis
of design.
This Ordinance shall be effective in accordance with Section 107(/) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15`" day of February 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 Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
February 15, 2022
12
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ITEM— 11I.L.5
PLANNING
ITEM # 72 522
Upon motion by Council Member Branch, seconded by Council Member Moss, City Council APPROVED,
AS CONDITIONED, BY CONSENT, Application of MEIRONG NEWLON / LANDSTOWN
COMMONS OWNER, LLC for a Conditional Use Permit re tattoo parlor at 3312 Princess Anne Road
DISTRICT 2 (Formerly District 7 -Princess Anne)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MEIRONG NEWLON/LANDSTOWN COMMONS OWNER, LLC for
a Conditional Use Permit re tattoo parlor at 3312 Princess Anne Road
(GPIN 1495001218) DISTRICT 2 (Formerly District 7 - Princess Anne)
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. This Conditional Use Permit shall be limited to Suite 111 within the Phenix Salon Suites.
4. 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.
5. 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
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 15t" day of February 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 Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
February 15, 2022
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ITEM — VI.L. 6
PLANNING
ITEM # 72 523
The following registered to speak. -
Billy Garrington, Consultant for Applicant, 471 Southside Road, Phone: 428-4245, spoke in SUPPORT
Kyle Korte, Attorney for Applicant, 200 Bendix Road, Suite 300, Phone: 497-6633, spoke in SUPPORT
Morris Fine, 401 Parks Avenue #300, Phone: 422-1678, spoke in SUPPORT
Fran Sansone, representative of the Princess Anne Plaza Civic League, 3601 Presidential Circle,
Phone: 831-9111, spoke in OPPOSITION
Peter Berning, 104 Presidential Boulevard, Phone: 409-5784, spoke in OPPOSITION
Sandra Shinabarger, 168 Waverly Drive, Phone: 375-5886, spoke in OPPOSITION
Francisco Rodriguez, 128 Presidential Boulevard, Phone: 291-4874, spoke in OPPOSITION
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Arthur Terlecki, 125 Presidential Boulevard, Phone: 615-3423, spoke in OPPOSITION
Eve Terlecki, 125 Presidential Boulevard, Phone: 615-2364, spoke in OPPOSITION
Bogdan Terlecki, 125 Presidential Boulevard, Phone: 615-2364, spoke in OPPOSITION
Heather Gaston, 212 Presidential Boulevard, spoke in OPPOSITION
Russel Shinabarger, 168 Waverly Drive, Phone: 287-6033, spoke in OPPOSITION
Melissa Lukeson, 1884 Wolfsnare Road, Phone: 289-9003, spoke in SUPPORT
Teresa Langille, 932 Truro Court, Phone: 641-1592, spoke in OPPOSITION
William Jennings, 3717 Gladstone Drive, Phone: 498-3842, spoke in OPPOSITION
Kim Mayo, 4807 Secure Court, Phone: 450-3011, spoke in OPPOSITION
Danna Cullen, 103 64`' Street, Phone: 305-3549, spoke in OPPOSITION
Cat Porterfield, 417 Hubbard Avenue, Phone: 323-6430, spoke in OPPOSITION
After City Council discussion, Council Member Berlucchi made a motion to DENY, seconded by Council
Member Moss, Application of WINNER'S PROPERTIES, LLC / THE RUNNYMEDE
CORPORA TIONfor a Conditional Use Permit re motor vehicle sales & service at 3736 Sentara Way
DISTRICT 3 (Formerly District 3 - Rose Hall) Deferred from December 7, 2021
Council Member Tower then made a SUBSTITUTE MOTION to APPROVE, AS AMENDED,
Application of WINNER'S PROPERTIES, LLC / THE RUNNYMEDE CORPORATION for A
Conditional Use Permit re motor vehicle sales & service at 3736 Sentara Way DISTRICT 3 (Formerly
District 3 - Rose Hall) Deferred from December 7, 2021
As there was no second, the motion FAILED
February 15, 2022
M
ITEM— VI. L.6
PLANNING
ITEM # 72 523
(Continued)
Upon motion by Council Member Berlucchi, seconded by Council Member Moss, City Council DENIED
Application of WINNER'S PROPERTIES, LLC / THE RUNNYMEDE CORPORATION for a
Conditional Use Permit re motor vehicle sales & service at 3736 Sentara Way DISTRICT 3 (Formerly
District 3 - Rose Hall) Deferred from December 7, 2021
Voting: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron
Rouse and Sabrina D. Wooten
Council Members Voting Nay:
Mayor Robert M. Dyer, Crecy K. Tower and Vice Mayor Rosemary
Wilson
Council Members Absent:
None
February 15, 2022
47
ITEM — VI.L. 7
PLANNING
ITEM #72524
Upon motion by Council Member Branch, seconded by Council Member Moss, City Council APPROVED,
AS CONDITIONED, BY CONSENT, Application of MITCHBTATTOOS, LLC DBA GREYSCALE
TATTOO GALLERY/ MITCHELL ANTHONY BAER / SOUTHERN STAR COMMONS, LLC for a
Conditional Use Permit re tattoo parlor at 265 Jersey Avenue, Suite 106 DISTRICT 4 (Formerly District 4
- Bayside)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MITCHBTATTOOS, LLC DBA GREYSCALE TATTOO GALLERY/
MITCHELL ANTHONY BAER / SOUTHERN STAR COMMONS,
LLC for a Conditional Use Permit re tattoo parlor at 265 Jersey Avenue,
Suite 106 (GPIN 146785627) DISTRICT 4 (Formerly District 4 - Bayside)
The following conditions shall be required:
1. A business license for the Tattoo Parlor shall not be issued to the applicant without the
approval of the Health Department to ensure consistency with the provisions of Chapter
23 of the City Code.
2. The actual application of tattoos shall not be visible from the exterior of the establishment
or from the waiting and sales area within the establishment.
3. Any on -site signage for the establishment shall meet the requirements of the City Zoning
Ordinance, and there shall be no neon, electronic display or similar sign installed on the
exterior of the building or in any window, or on the doors. A separate sign permit shall be
obtained from the Planning Department for the installation of any new signs.
This Ordinance shall be effective in accordance with Section 107()9 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15`' day of February 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 Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
February 15, 2022
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ITEM— VI.L.8
PLANNING
ITEM # 72 52 5
Upon motion by Council Member Branch, seconded by Council Member Moss, City Council APPROVED,
AS CONDITIONED, BY CONSENT, Application of METRO TOWING COMPANY, INC. /
INTRACOASTAL ASSETS, LLC for a Conditional Use Permit re bulk storage yard at 1194 Bells Road
DISTRICT 6 (Formerly District 6 - Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
METRO TOWING COMPANY, INC. / INTRACOASTAL ASSETS,
LLCfor a Conditional Use Permit re bulk storage yard at 1194 Bells Road
(GPINPortion of 2416474808) DISTRICT 6 (Formerly District 6 - Beach)
The following conditions shall be required:
This portion of the site shall be developed and maintained substantially in conformance
with the submitted exhibit entitled, "Landscape Plan: Metro Towing", prepared by Diane
E. Smith — Di-namic Landscape Designs, dated November 11, 2021, which has been
exhibited to the Virginia Beach City Council and is on file in the Department of Planning
& Community Development. This is a deviation to the required landscape screening along
the western boundary of the proposed use.
2. Any onsite signage shall meet the requirements of the City Zoning Ordinance. There shall
be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of
light bulbs, or other similar moving devices on the site or on the vehicles. There shall be
no signs which are painted, pasted, or attached to the windows, utility poles, trees, or
fences, or in an unauthorized manner to walls or other signs.
3. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting
and glare shall be deflected, shaded, and focused away from all adjoining property. Any
outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet.
4. There shall be no motor vehicle repair work on -site.
5. There shall be no outside storage of equipment, parts, or materials.
6. The loading and unloading of vehicles within the rights -of -way shall be prohibited.
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 15t' day of February Two
Thousand Twenty Two.
February 15, 2022
ITEM — VI.L.8
PLANNING
ITEM #72525
(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 Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
February 15, 2022
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50
ITEM — VI.L. 9
PLANNING
ITEM # 72 52 6
Upon motion by Council Member Branch, seconded by Council Member Moss, City Council APPROVED,
AS CONDITIONED, BY CONSENT, Application of CECILL4 PATTERSON / CHAMBORD
COMMONS, LLC for a Conditional Use Permit re tattoo parlor at 328 North Great Neck Road, Suite 103
DISTRICT 6 (Formerly District 6- Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
CECILL4 PATTERSON / CHAMBORD COMMONS, LLC for a
Conditional Use Permit re tattoo parlor at 328 North Great Neck Road,
Suite 103 (GPIN 2407065012) DISTRICT 6 (Formerly District 6- Beach)
The following conditions shall be required:
1. A business license for the Tattoo Parlor shall not be issued to the applicant without the
approval of the Health Department to ensure consistency with the provisions of Chapter
23 of the City Code.
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, 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 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15`" day of February 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 Rouse, Guy K Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
February 15, 2022
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328 N. Great Neck Road, Suite 103
Feet
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51
ITEM— VI.L.10
PLANNING
ITEM # 72 52 7
The following registered to speak. -
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
After City Council discussion, Council Member Moss made a motion, seconded by Council Member
Tower, to APPROVE Resolution to ADOPT and AMEND the Virginia Beach Comprehensive Plan 2016
re Stormwater Impacts for Discretionary Land Use Applications (Deferred from February 1, 2022)
Vice Mayor Wilson then made a SUBSTITUTE MOTION, seconded by Council Member Branch, to
REFER TO PLANNING COMMISSION, Resolution to ADOPT and AMEND the Virginia Beach
Comprehensive Plan 2016 re Stormwater Impacts for Discretionary Land Use Applications (Deferred
from February 1, 2022)
Voting: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
N. D. "Rocky" Holcomb, Aaron Rouse, Guy K. Tower, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley, Louis R. Jones and John D. Moss
Council Members Absent:
None
February 15, 2022
52
ITEM — VI.L.10
PLANNING
ITEM # 72 52 7
(Continued)
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council REFERRED
BACK TO PLANNING COMMISSION, WITH DIRECTION THAT THE RESOLUTION BE
RETURNED TO CITY COUNCIL WITHIN 60 DAYS OF THE NEXT SCHEDULED PLANNING
COMMISSION MEETING, Resolution to ADOPT and AMEND the Virginia Beach Comprehensive
Plan 2016 re Stormwater Impacts for Discretionary Land Use Applications (Deferred from February 1,
2022)
Voting: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
N. D. "Rocky " Holcomb, Aaron Rouse, Guy K. Tower, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley, Louis R. Jones and John D. Moss
Council Members Absent:
None
February 15, 2022
53
ITEM— VIM
APPOINTMENTS
ITEM # 72 52 8
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
2040 VISION TO ACTION COMMUNITY COALITION
AGRICULTURAL ADVISORY COMMITTEE
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
BOARD OF BUILDING CODE APPEALS
CITIZEN OVERSIGHT BOARD
CLEAN COMMUNITY COMMISSION
GREEN RIBBON COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
INDEPENDENT CITIZEN REVIEW BOARD
MILITAR Y ECONOMIC DEVEL OPMENT AD VISOR Y COMMITTEE
MINORITY BUSINESS COUNCIL
OLD BEACH DESIGN REVIEW COMMITTEE
OPEN SPACE ADVISORY COMMITTEE
PARKS AND RECREATION COMMISSION
PLANNING COMMISSION
RESORT ADVISORY COMMISSION
STORMWA TER APPEAL BOARD
TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE
URBAN A GRICUL TURE ADVISORY COMMITTEE
VIRGINIA BEACH TOWING AD VISOR Y BOARD
February 15, 2022
54
ITEM— VI.M
APPOINTMENTS
ITEM #72529
Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED:
SCOTT KELLAM
Three year term 41112022 — 313112025
CLEAN COMMUNITY COMMISSION
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 Rouse, Guy K Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
February 15, 2022
55
ITEM— VI.M
APPOINTMENTS
ITEM # 72 53 0
Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED:
LA URA HEIBY
BETTYROUSE
Three year term 41112022 — 313112025
HEALTH SERVICES ADVISORY BOARD
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 Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
February 15, 2022
56
ITEM— VI.M
APPOINTMENTS
ITEM # 72 531
Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED:
FRANCES KNIGHT THOMPSON
EMLIANO ORENCIA
MARK STEVENS
Three year term 41112022 — 313112025
HUMAN RIGHTS COMMISSION
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 Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
February 15, 2022
57
ITEM— VI.M
APPOINTMENTS
ITEM # 72 532
Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED:
SABRINA WOOTEN
(Council Member)
One year term 41112022 — 313112023
PLANNING 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 Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
February 15, 2022
58
ITEM— VI.M
APPOINTMENTS
ITEM #72533
Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED:
DAWN FLORA
Three year term 31112022 — 212812023
TRANSITION AREA /INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE
Voting: I1-0
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 Rouse, Guy K Tower, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
February 15, 2022
59
NEW B USINESS
ITEM #72534
Council Member Holcomb advised he wanted to take a moment during Black History Month to recognize
the City's black law enforcement pioneers for their bravery and serving as role models to not only African
American law enforcement officers but their white counterparts as well. Council Member Holcomb advised
it is his hope to not only remember these brave officers during Black History Month, but every day of the
year.
February 15, 2022
60
ADJOURNMENT
ITEM #72535
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 10:14
P.M.
Terri H. Chelius
Chief Deputy City Clerk
City Clerk
Robert M. D•er
Mayor
February 15, 20 2 2