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Home My WebLink AboutMARCH 15, 2022 FORMAL SESSION MINUTES t i. 4--is.) c.)!= ;5) t,(\t_ se --i::h t°i =J 4.,2 Op OUR µ�1�O`../ Y VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 15, 2022 Mayor Dyer called to order the CITY COUNCIL MEETING in the City Council Chamber, City Hall, on Tuesday, March 15, 2022, at 1:00 P.M Council Members Present: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, 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: Barbara M. Henley—Arrived at 2:15 P.M 2 CITY COUNCIL'S BRIEFINGS GENERAL ASSEMBLY LEGISLATIVE UPDATE ITEM#72580 1:01 P.M. Mayor Dyer welcomed Debra M. Bryan, Legislative Affairs Liaison. Mrs. Bryan expressed her appreciation to City Council for their continued support: 2022 General Assembly Session Recap ca i Debra M.Bryan, Legislative Affairs Liaison March 15,2022 Here is the 2022 General Assembly Session Status: 2022 General Assembly Session Status • Saturday, March 12, 2022 • House and Senate adjourned regular session • Work on biennial budget not yet complete • Passed a resolution to allow approval of conference committee reports on bills, including budget, in a subsequent special session • Date for Special Session #1 is not determined • Budget must be finalized at least 48 hours before taking effect • Effective date would be July 1, 2022 City Manager's Office I March 15 2022 I l.gislahve Update -144111111111 2 March 15, 2022 3 CITY COUNCIL'S BRIEFINGS GENERAL ASSEMBLY LEGISLATIVE UPDATE ITEM#72580 (Continued) As of March 12th, there were 156 Bills in Conference Committees: Bill Statistics at Sine Die PASSED PASSED INTRODUCED HOUSE SENATE PASSED CONTINUED FAILED PENDING APPROVED VETOED H.B. 1364 600 500 469 74 790 31 21 1 H.J.R. 456 413 408 408 1 47 0 0 0 H.R. 239 232 0 232 0 7 0 0 0 S.B. 777 389 490 373 82 306 16 8 0 S.J.R. 222 203 210 203 8 11 0 0 0 S.R. 85 0 82 82 1 2 0 0 0 Totals 3143 1837 1690 1767 166 1163 47 29 1 Bills still in conference committees as of Saturday 3/12/22- C,ty Manager's Office I March15.2022 I Legislative Update 3 —11110111 Here is 2022 General Assembly Recap: 2022 General Assembly Recap • House—Republican majority 52-48—Delegate Todd Gilbert(R-Shenandoah)57th Speaker • 18 New Delegates—12 new Republican and 6 new Democratic members • Senate—Democratic majority 21-19—Lt.Governor Winsome Sears (R—President pro tempore) • No new Senators in 2022-Next election 2023 • Total Bills and Resolutions Introduced—3143 combined • Adoption of new biennial state budget for FY 22-24—Failed during regular session • Items remaining in conference at adjournment—156 bills • Special Session—date TBD for adoption of budget and the remaining pieces of legislation • Governor's Deadline—30 days from sine die; 11:59 P.M.on Monday,April 11,2022 • Reconvene Session—Wednesday, April 27,2022 City Manager's Office I March 15.20221 Legislative Update - " 4 March 15, 2022 4 CITY COUNCIL'S BRIEFINGS GENERAL ASSEMBLY LEGISLATIVE UPDATE ITEM#72580 (Continued) Here are the Issues of Controversy: Issues of Controversy • Governor's Appointments • Secretary of Natural Resources/Parole Board • Marijuana legalization • Mask mandates • Parental empowerment in educational content • Luring professional sports team • Creation of lab schools • Tax relief initiatives City Manager's Office I March 15,2022 I Legislative Update 5 Here are the Items Identified During Session: Items Identified During Session • Repeal of Same-Sex Marriage Prohibition (need to pass 2nd time) • Eminent Domain changes to lost access and lost profits • Compensatory time for employees • Hampton Roads Transit $20 million — recordation fees redirected City Manager's Office I March 15,2022 I Legislative Update - 6 March 15, 2022 5 CITY COUNCIL'S BRIEFINGS GENERAL ASSEMBLY LEGISLATIVE UPDATE ITEM#72580 (Continued) Here is the status of the Virginia Beach Legislative Agenda: Virginia Beach Legislative Agenda Board of Equalization increase members from 3 to 4 Virtual Meeting options for advisory boards and commissions Increase civil case filing fee cap to fund law libraries Ability to access STR information Civil penalties for repeated violations of blocking sidewalk o FOIA exclusion for identity of nuisance complainants Replacement and preservation of trees during development Ability to tap state broadband funding for regional ring Transportation Revenue Sharing Program City Manager's Office I March 15.2022 I Legialatve Update 7 Virginia Beach Legislative Agenda 1. EXPAND MEMBERSHIP OF THE BOARD OF EQUALIZATION 2. DECRIMINALIZE THE SHARING OF TAX INFORMATION RELATED TO SHORT TERM RENTALS 3. EXPAND FOIA EXCLUSIONS FOR NUISANCE-RELATED,CITY CODE COMPLAINANTS 4. 5. 6. SUPPORT ADDITIONAL VIRTUAL MEETING OPTIONS FOR BOARDS AND COMMISSIONS 7. REQUEST GENERAL ASSEMBLY TO FULLY FUND THE STEP-VA PROGRAM 8. RESTORE TRANSPORTATION PROJECT REVENUE-SHARING PROGRAM 9. EXPAND ACCESS TO STATE-ADMINISTERED BROADBAND FUNDS 10. INCREASE LOCAL AUTHORITY TO SUPPORT URBAN FORESTS AND ENVIRONMENTAL BENEFITS 11. SUPPORT VULNERABLE POPULATIONS City Manager's Office I March 15,2022 I Legislative Update $ March 15, 2022 6 CITY COUNCIL'S BRIEFINGS GENERAL ASSEMBLY LEGISLATIVE UPDATE ITEM#72580 (Continued) Here are Updates on Budget(as of 3/11/22): Updates on Budget (as of 3/11/22) • House - $5.5 billion in tax cuts and rebates, including: • Doubling standard deduction for income tax filers • Reduces state revenues by$2 billion over two years • Full repeal of 2.5%grocery and hygiene products • Senate— requests comprehensive study of tax policy 2022-23 City Manager's Office I March 15.2022 I Legislative Update .. ,‘.- 111111.111111111._9 - Questions2 _ _ . 5 Mayor Dyer expressed his appreciation to Mrs. Bryan for the presentation. March 15, 2022 7 CITY COUNCIL'S BRIEFINGS URBAN RENEWAL CENTER IMPACT YOUTH SUMMER CAMP ITEM#72581 1:29 P.M. This presentation will be rescheduled to a later date. March 15, 2022 8 CITY COUNCIL'S BRIEFINGS CITY OF VIRGINIA BEACH FISCAL RELIEF INITIATIVES ITEM#72582 1:30 P.M. Mayor Dyer welcomed Kevin Chatellier, Director — Budget & Management Services. Mr. Chatellier expressed his appreciation to City Council for their continued support: City Council's Fiscal Relief Initiatives Kevin Chatellier March 15,2022 v� City Council Meeting Here is the Introduction: Introduction Council approved fiscal relief initiatives spanned across multiple fiscal years Action items to date include a total of$105,421,307 Initiatives were made available through multiple funding sources: :-Local funding CARES Act funding(Federal) American Rescue Plan Act funding(Federal) Budget&Management Services)March 15.20221 Council Relief Efforts b VB Often*. tatywoddorce 2 March 15, 2022 9 CITY COUNCIL'S BRIEFINGS CITY OF VIRGINIA BEACH FISCAL RELIEF INITIATIVES ITEM#72582 (Continued) Here are the Fiscal Relief Initiatives FY 2019-20: Fiscal Relief Initiatives FY 2019-20 Fiscal Year Council Action Council Estimated Dollar Source Meeting Date Amount FY 2019-20 EDIP Grant Redirection 4/28/2020 $1,500,000 Local Funding FY 2019-20 Small Business Assistance Grant 5/12/2020 $1.000,000 Local Funding Total $2,500,000 ABBudget&Management Services'March 15.20221 Council Relief Efforts to Virginia Beaoh Zens,Non usinesses&City workforce 3 The next two (2)slides provide the Fiscal Relief Initiatives FY 2020-21: Fiscal Relief Initiatives FY 2020-21 Fiscal Year Council Action .i Meeting oats Estimated Dollar Amount Source FY 2020-21 Meals Tax H,lldey d.'1,2020 S 12,000.000 Loral Funding FY 2020-01 oNayed due dates and defined 101212020 0- lout Funding penalties FY 2020-21 Real Estate and Personal Property Rebid 61/2/2020 S 2,000.000 Lout Funding FY 2020-21 Clty.We Swabs"010 Reps! 611212020 S 4000,000 Loud Funding FY 2020-21 City Administered mile(to non-profka 7/7/2020 S 1,1100.000 CARES FY 2020-21 City Administered Small Business Relief 7/712020 S 1.600,000 CARES Sub Toed S 21,100.000 Budget&Management ServiceslMarch 15.20221 Council Relief Efforts b usineaaes&Cl". ". 4 March 15, 2022 10 CITY COUNCIL'S BRIEFINGS CITY OF VIRGINIA BEACH FISCAL RELIEF INITIATIVES ITEM#72582 (Continued) Fiscal Relief Initiatives FY 2020-21 (continued) j Fiscal Year Council Action Council Meeting Date ',Estimated Dollar Amount Source FY 2020-21 VB Relief-United Way 10/20/2020 and 1/19/2021 1 S 16,000,000 Local Funding+CARES FY 2020-21 VB Relief-Foodbank 10/20/2020 S 2,000,000 Loin Funding+CARES FY 2020-21 VS Relief-Workforce Council 10/20/20 and 211E02021 $2,400,000 Local Funding+CARES FY 2020-21 Special Erent Fee Reduction 12/1/2020 S 300'000 Local Funding+CARES FY 2020-21 VB Relief-LISC 10/20/2020 and 1/19/2021 S 8 420,000 Local funding•CARES FY 2020-21 Suspended ABC Lowe Tax CY 21 2/2/2021 S 125,000 Local Funding+CARES Sub Total $29,445,000 FY 2020—2021 Grand Total S50.a45,000 VB.,, ,,,., Budget&Management ServicesI March 15.20221 Ctwnal Relief Efforts to Viryhdtt usinesses&City workforce 5 Here are the Fiscal Relief Initiatives FY 2021-22: Fiscal Relief Initiatives FY 2021 -22 Fiscal Year Council Action Council Meeting Estimated Dollar Source Date 'Amount FY 2021-22 Lowered Real Estate Tax Rate 2.750 5/11/2021 $17.155,171 Local Funding FY 2021-22 Workforce Council-Tourism Workforce 7/6/2021 $400,000 Local Funding Incentive FY 2021-22 Wortdorce Council-Bonus and 10/5/2021 $200.000 Local Funding+CARES Retention FY 2021-22 United Way-VB Thrive 11/16/2021 $15,000,000 ARPA FY 2021-22 United Way/LISC-Business Relief 11/16/2021 $10,000,000 ARPA FY 2021-22 Foodtrank 11/1612021 $5.000.000 ARPA FY 2021-22 Special Event Fee Rev Reduction 11/16/2021 $300.000 ARPA FY 2021-22 Utility Relie(Assistanoe to Delinquent 12/14/2021 Si 4.021.136 ARPA Customers Total $52.076.307 I/B Budget&Management Services)March 15.20221 Council Relief Efforts to Virginia usinesses&City workforce 6 March 15, 2022 11 CITY COUNCIL'S BRIEFINGS CITY OF VIRGINIA BEACH FISCAL RELIEF INITIATIVES ITEM#72582 (Continued) Here is the Fiscal Relief Initiatives Summary: Fiscal Relief Initiatives Summary Fund Sources Summary for Fiscal Relief Initiatives $33,045,000 (31%) $38.055,171 (36%) Total Council approved •Local Funding+CARES Act Fiscal Relief Initiatives DARPA Total=$105,421,307 0 Local Funding Wt Budget&Management Services March 15,20221 Council Fiscal Relief Efforts to Virginia Beach Citiaces.., rohts&Businesses 7 Questions? Budget&Management Services)March 15.20221 Council Relief Efforts to V8 Cltyworldoros 8 Mayor Dyer expressed his appreciation to Mr. Chatellier for the presentation. March 15, 2022 12 CITY MANAGER'S BRIEFING FY2021-22 INTERIM FINANCIAL UPDATE ITEM#72583 1:52 P.M. Mayor Dyer welcomed Letitia Shelton,Director-Finance. Ms.Shelton expressed her appreciation to City Council for their continued support: -_ FY 2022 Interim Financial Statements General Fund Overview-through February 28,2022(Cash Basis and Unaudited) Vi3 March 15,2022 Here are the FY 2022 General Fund Revenues and Expenditures through February 28, 2022: FY 2022 General Fund Revenues and Expenditures through February 28,2022 ($Amounts in Millions) yTD Actual as Miami YID %of Buttock FY2021 EY2020 Revenues Local S 1.053.8 S 563.6 53.5% S 506.9 S 497.2 State(Includes PPTRA) 167.3 73.6 44.0% 65.3 70.4 Federal 28.6 14.9 52.0% 14.4 15.8 Total Revenues S 1,249.7 S 652.1 52.2% S 586.6 S 583.4 Expenditures City Operations S 791.8 S 478.5 60.4% $ 472.4 S 451.6 City Capital Projects-Cash Funding 94.8 94.8 100.0% 51.7 53.9 Transfer to Schools 476.5 308.5 64.7% 303.2 306.0 Transfer to School Capital Projects 43.5 15.9 36.6% 13.4 4.8 Total Expenditures S 1,406.6 S 897.7 63.8% S 840.7 S 816.3 Appropriated from Fund Balance S (156.9) Department of Finance,March 15.2022,FY2022 Interim Financial S 2 March 15, 2022 13 CITY MANAGER'S BRIEFINGS FY2021-22 INTERIM FINANCIAL UPDATE ITEM#72583 (Continued) Here is the FY 2022 General Fund Summary: FY2022 General Fund Summary 100, lACTUAL REVENUES YTD=5652.1 M/S1,249.7 M l lift% i 100.0• ACTUAL EXPENDITURES YTD=$897.7 M/S1,406.6 M // , 80, 77J%// L r /p / 73.5% 1 1.1M. / / .f 43.41% r.ea 54.7.1r"i 54.2% 12.2% 58.096 / 47 t% s4.8% _____ - 4L416 4L7% b tlf% ./ M7% 7t.4%e 21.3% MO% e x 17J% 14.4% LS% IS% se% t.t%- r ILNIt - 4.9% ,„ ., .� \,. net- Ian Frh t•. '' %L.% tun - -%e(FY2022EapBudget -.Egg Trend -'--%ofFY2022 Rev Budget -Rev Tread Department of Finance.March 15.2022,FY2022 Interim Financial Sttoteall 3 Here are the FY 2022 General Fund Highlights-Local Revenues through February 28, 2022: FY 2022 General Fund Highlights - Local Revenues through February 28, 2022 ($Amounts in Millions) YTD Actual YTD as%of Local Revenue YTD Budget Actual Budget FY 2021 FY 2020 Real Estate Tax $ 592.6 $ 307.7 51.9% $ 304.7 $ 291.0 Personal Property Tax 119.0 28.3 23.8% 20.8 20.7 General Sales Tax 72.8 53.2 73.0% 46.7 42.5 Business Licenses 53.2 22.5 42.2% 17.3 17.5 Utility/Telecom Tax 44.5 27.4 61.6% 26.2 28.2 Restaurant Meal Taxes 39.8 36.5 91.6% 22.9 30.6 Hotel Taxes 7.2 7.8 108.6% 5.2 6.1 Other Local Taxes 33.3 19.5 58.6% 20.4 18.0 Charges for Services 43.9 26.8 61.0% 21.3 23.7 Other Revenues 17.9 14.1 78.8% 9.2 11.3 Total $ 1,024.2 $ 543.8 53.1% $ 494.7 $ 489.6 Department of Finance.March 15.2022,FY2022 Interim Financial Ste tommorial 4 March 15, 2022 14 CITY MANAGER'S BRIEFINGS FY2021-22 INTERIM FINANCIAL UPDATE ITEM#72583 (Continued) Here are the FY 2022 General Fund Highlights-Expenditures through February 28, 2022: FY 2022 General Fund Highlights - Expenditures through February 28, 2022 ($Amounts in Millions) YTD Actual as%of Expenditure Types: YTD Budget YTD Actual Budget FY 2021 FY 2020 Personnel: General Government $ 279.7 $ 166.4 59.5% $ 161.4 $ 162.6 Public Safety-Fire 56.3 39.6 70.3% 32.0 34.6 Public Safety-Police 95.4 61.2 64.2% 52.9 56.6 Public Safety-EMS 9.4 7.0 74.5% 5.1 5.2 Public Safety-ECCS 9.6 5.0 52.1% 5.4 5.5 Other Operating Cost 231.7 133.9 57.8% 152.9 125.3 Debt Service 59.2 35.6 60.1% 38.6 38.6 Trsf to Schools-Operating and CIP 519.9 324.4 62.4% 316.6 310.9 Other Transfers 145.4 124.6 85.7% 75.8 77.0 Total $ 1,406.6 $ 897.7 63.8% $ 840.7 $ 816.3 Department of Finance,March 15,2022,FY2022 Ineedm Financial abiiiiiii 5 Here are the Next Steps: Next Steps FY 2022 March Update April 19, 2022 7 FY 2022 April Update May 17, 2022 lfr FY 2022 May Update June 21, 2022 Department of Finance,March 15,2022.FY2022Interim Financial Statmaill 6 Mayor Dyer expressed his appreciation to Ms. Shelton for the presentation. March 15, 2022 15 CITY COUNCIL'S BRIEFINGS LITTLE ISLAND PARK—FISHING ON THE BEACH ITEM#72584 1:57 P.M. Mayor Dyer welcomed Michael Kirschman, Director—Parks and Recreation. Mr. Kirschman expressed his appreciation to City Council for their continued support: Little Island Park: _ _ Fishing on Sand _ _ _= Beaches �...�__ t i . I . • . r ��.. :� uH Michael Kirschman March 15,2021 - • K ligi , Parks&Recreation Department - .-. -; _- -- City Manager's Briefing to City Council 122-acre beach park 400-foot fishing pier Located just north of Back Bay Wildlife Refuge NORTH _ Y, .x� . •: �, ' =. 4 "! SOUTH 775-foot beach north of the pier - — ' 2,000-foot beach south of the pier _ a , _ >• z..t_r- for swimming and fishing 4_- 2 Virginia Beach Perko 8 Recreation I March 15.2022I City Managers Boring to City Council March 15, 2022 16 CITY COUNCIL'S BRIEFINGS LITTLE ISLAND PARK—FISHING ON THE BEACH ITEM#72584 (Continued) View south of the pier PARKS& 3 Virginia Beach Parks&Recreation I March 15,2022 City Manager's Briefing to City Council RECREATION Here is a map of Little Island Park identifying activity designation areas: Beach Fishing Area Beach fishers are directed to SURFING the southern end of the - beach near the Little Island/ 1 -_ - — FISHING PIER Back Bay border for safety 111, reasons,especially during the peak season. SWIMMING Peak Season: Memorial Day—Labor Day BEACH FISHING 4 Virginia Beach Park;8 Recreation I March 15.20221 City Managers Briefing to City Council March 15, 2022 17 CITY COUNCIL'S BRIEFINGS LITTLE ISLAND PARK—FISHING ON THE BEACH ITEM#72584 (Continued) Here are examples of the Guidance for Visitors to fish at the south end of the beach: Guidance for Visitors Lifeguards,signage,and our website guide beach fishers away from the base of the pier and swimming areas to the southern end of the beach for surf fishing. V3 ••...a ••••• 041.111161 lrl`- 5 Virginia Beach Parks&Recreation I March 15,2022 I City Managers Briefing to City Council City Code Section 6-30 does not address fishing from sand beaches at Little Island Park: Beach fishing in Virginia Beach LITTLE ISLAND—Currently NO formal code or ordinance restricting fishing in swimming areas • Safety concerns • little Island is a popular destination,esp.during tourist season • Risk of injury or entanglement from fishing line and/or hooks is significant if fishing is permitted from any location at any time • No formal City code for beach fishing to be separate from swimming/surfing areas • Informal enforcement by lifeguards and park staff • Currently relying on voluntary compliance(vast majority do willingly and reasonably comply) • Two known complaints to date—July 2017 and July 2021 OCEANFRONT City code§6-30-Fishing from sand beaches. It shall be unlawful to fish from the sand beaches of the city from 42nd Street to Rudee Inlet between the hours of 10:00 a.m.and 4:00 p.m.weekdays and 10:00 a.m.and 6:00 p.m.weekends and holidays during the resort season. (Ord.No.1579,1-21-86;Ord.No.2054,4-23-91;Ord.No.2500,8-4-98;Ord.No.2868,4-26-05) RKS& 6 Virginia Beach Parka&Reoreaeon I March 15.2022 I CGty Managers Briefing to City CounW - RECREATION March 15, 2022 18 CITY COUNCIL'S BRIEFINGS LITTLE ISLAND PARK—FISHING ON THE BEACH ITEM#72584 (Continued) Here is the Proposed Update: Proposed Update For safety reasons,staff propose that City Code §6-30 be extended to include Little Island Park during the resort season. City code§6-30-Fishing from sand beaches. It shall be unlawful to fish from the sand beaches of the city from 42nd Street to Rudee Inlet and at Little Island Park from the northern property line bordering the Sanctuary Condominiums southward to 1400 feet from the southern property line bordering the Back Bay Wildlife Refuge during the resort season between the hours of 10:00 a.m.and 4:00 p.m.on weekdays and 10:00 a.m.and 6:00 p.m.on weekends and holidays . To allow congruent messaging via signage,park policy and ordinance. 7 Virginia Beach Parks&Recreation I March 15,2022 I City Manager's Briefing to City Council Here are the Alternatives and Recommendation: Alternatives and Recommendation • Remove current signage on website and at the park to permit surf fishing from any beach location at Little Island at any time of year or time of day Not Recommended • Create a different set of beach fishing rules for Little Island Park than the Oceanfront Not Recommended • Continue with current beach fishing rules for Little Island Park without the legal authority to enforce policy for non-compliance Not Recommended • Proceed with amending ordinance Recommended 8 Virginia Beach Parks&Recreation I March 15.2022(City Managers Briefing to City Council March 15, 2022 19 CITY COUNCIL'S BRIEFINGS LITTLE ISLAND PARK—FISHING ON THE BEACH ITEM#72584 (Continued) Here are the Potential Next Steps: Potential Next Steps Public Comment: April 5,2022 Council Vote: April 19,2022 PA, 9 Virginia Beach Perlis H Recreation March 15,20221 City Managers Briefing to City Council RECREATION QUESTIONS'? -11-tANK. yOtA. 10 Vatanal Beach Parka S Recreation I March 15.2022 I City Manager's Briefing to City Counctl Mayor Dyer expressed his appreciation to Mr. Kirschman for the presentation. March 15, 2022 20 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72585 2:09 P.M. Council Member Moss advised the Bikeways and Trails Advisory Committee held a meeting yesterday and will provide their annual report to the Body once finalized. Council Member Moss expressed his appreciation to the members of Public Works who provided a briefing which included impressive maps and a comprehensive listing of all the available transportation grants. March 15, 2022 21 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72586 (Continued) Council Member Moss advised as the market is favoring the development of more residential apartment complexes, he is concerned for the limited industrial zoned areas within the City that may be rezoned as residential to accommodate the market and would conflict with the Body's long term strategy. Council Member Moss advised there is an application in the pipeline to rezone an area from industrial to residential and requested information on the decision process staff uses when considering rezoning applications. Council Member Moss further advised, there are two (2) big movements in the commodities market right now that will affect consumers in the fall. First, the "per ton" cost of raw delivery which has increased from$2.65 last year to over$800.00 per ton today and second, Ukraine exports one-third of all wheat and as they are not planting any wheat right now, the cost has increased 66%per bushel from last year. Council Member Moss added, the region's average rent increased 18%from last year and asked that the Body begins the budget process, to consider the families who will be financially impacted by all of the price increases, as well as the 10% federal inflation increase, going into next year. March 15, 2022 22 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72587 (Continued) Vice Mayor Wilson advised the Southside Network Authority signed the contract to build broadband ring and will begin next spring. Vice Mayor Wilson advised, initially Cox Communications won the bid but later decided against performing the work which led to Danella Construction Inc. being awarded the $24.5-Million contract. March 15, 2022 23 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72588 (Continued) Council Member Wooten distributed copies of Resolution to Create a "Gone Too Soon Memorial" as a Substitute Version to the Resolution to CREATE a Memorial for Victims of Gun Violence as a result of feedback from the public, attached hereto and made a part of the record. March 15, 2022 SUBSTITUTE VERSION REQUESTED BY COUNCILMEMBER WOOTEN 1 A RESOLUTION TO CREATE A GONE TOO SOON 2 MEMORIAL 3 4 WHEREAS, life is precious, and when people die unexpectedly, their loved ones 5 are left distraught and grieving; 6 7 WHEREAS, the residents of Virginia Beach who have lost friends, family members, 8 and loved ones could be comforted by a memorial to those who are gone too soon; and 9 10 WHEREAS, the City Council desires to create a Gone Too Soon Memorial for 11 people who passed away prematurely, including those who died of COVID-19 or other 12 illnesses and those whose innocent lives were cut short by acts of violence; 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 That the City Manager shall develop for the City Council's approval a Gone Too 18 Soon Memorial to memorialize City residents who died prematurely, starting with a 19 memorial website, but to include physical memorials, such as the planting of trees 20 throughout our community; 21 22 BE IT FURTHER RESOLVED: 23 24 That the City Manager is directed to undertake this initiative using existing 25 appropriations, but if there is a need for the City Council to provide additional 26 appropriation authority, the City Manager is directed to communicate that need to the City 27 Council. Adopted by the Council of the City of Virginia Beach, Virginia this day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15738 S-4 March 14, 2022 24 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72589 (Continued) Council Member Wooten advised she hosted the first Pitch Competition on March 12`" at the Convention Center with nine (9) teams competing in front of five (5)judges for a mentorship and networking package offered by the HIVE Center. Council Member Wooten advised all of the teams performed outstanding as they presented their ideas, concepts and business ideas. Council Member Wooten advised three (3) teams were from the Kempsville High School Entrepreneur Academy with two (2) of those teams winning,first place by World Play and in second place Swag Stick. Council Member Wooten expressed her appreciation to Dr. Reddix who helped judge the competition and added, it was a wonderful way to shine light on the City and provide an opportunity to young entrepreneurs. March 15, 2022 25 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72590 (Continued) Council Member Berlucchi advised the Worrell 1000 Catamaran Race is coming back to the City in May. Council Member Berlucchi advised the iconic off-shore sailing race begins in Fort Lauderdale, Florida and ends here in the City. Council Member Berlucchi expressed his pride in his Godfather, Ron Anthony, who is a former champion of the competition and advised he is looking forward to positive impact the Worrell 1000 will have on the City. March 15, 2022 26 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72591 (Continued) Council Member Tower advised the Naval Air Station (NAS) Oceana will host the air show this September after being canceled for the last two (2) years. Council Member Tower advised the Blue Angels are scheduled to perform for the first time since 2018 and will be flying their new jets, the F/A-18 E/F Super Hornet which should be exciting for the 250,000 spectators expected to attend. Council Member Tower expressed he is proud to have NAS Oceana in his district and is looking forward to the show. Council Member Rouse advised he has not missed an Air Show since he was a young kid and is looking forward to seeing the F-22 Demo Team who are his favorite. March 15, 2022 27 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72592 (Continued) Council Member Henley apologized for arriving late and explained she was attending a meeting where Dr. McLaughlin, Virginia Tech, provided an updated on Phase II of the "Trees in Flooding" research project. Council Member Henley advised Phase I of the study focused on how trees prevent flooding through the evapotranspiration process and Phase II informs what types of forestry provides the most flooding prevention. Council Member Henley advised Phase II will also provide the amount of flooding prevention lost when forested areas are cut down. March 15, 2022 28 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72593 (Continued) Council Member Rouse advised as the summer tourist season is about to begin, it is important for people to recognize where the designated bike paths are at the oceanfront and requested more signage be posted to keep people who are walking off bike paths. March 15, 2022 29 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72594 (Continued) Council Member Branch advised as the City welcomes back the Worrell 1000 Race and the Air Show, he wants to also recognize the Shamrock Marathon who will celebrate their 50t1,anniversary this year. Mayor Dyer advised during the pandemic two (2)years ago, the City hosted the only surf competition in the world during the East Coast Surfing Championship (ECSC) which was recognized by Van Shoes who is a major surfing sponsor. Mayor Dyer advised this year the International World Surf League will have professional surfers participate in the next ECSC. Mayor Dyer advised having all of these events return to the City are examples of the City's resilience and shows the City is coming back stronger than before. March 15, 2022 30 AGENDA REVIEW SESSION ITEM#72595 2:35 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Ordinances/Resolution re Taxpayer Relief: a. REQUESTED BY COUNCIL MEMBER MOSS 1. Ordinance to AMEND the Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools re "Taxpayer Dividend" and to provide revenue offsets(Deferred from March 1, 2022) Council Member Moss Requests Withdrawal b. STAFF RECOMMENDATION 1. Resolution to CONCUR with Personal Property Assessment Methodology for vehicles in Calendar Year 2022 Proposed by the Commissioner of the Revenue 2. Ordinance to AMEND Calendar Year 2022 Tax Levy on Personal Property and Machines and Tools 2. Ordinances to AMEND the Calendar Year 2022 Tax Levy on Personal Property and Machine and Tools and to provide Revenue Offsets(Requested by Council Member Rouse)re: a. Tangible Personal Property of a Business that qualifies for Business License Incentive Program for New Businesses b. Motor Vehicle owned and used primarily by or for someone at least sixty-five years of age or anyone found to be permanently and totally disabled 3. Resolution to REFER to Planning Commission an Ordinance to ADD Section 209.5, DELETE Section 242.1 and AMEND Section 901 of the City Zoning Ordinance(CZO)re tattoo parlors and body piercing establishments as permitted uses in the B-2 Zoning District (Requested by Vice Mayor Wilson and Council Member Berlucchi) 4. Resolution to REVISE Membership of the 5/31 Memorial Committee (Requested by Council Members Berlucchi and Wooten) 5. Resolution to CREATE a Permanent Memorial for DeShayla Harris (Requested by Council Member Wooten) 6. Resolution to CREATE a Memorial for Victims of Gun Violence (Requested by Council Member Wooten) March 15, 2022 31 AGENDA REVIEW SESSION ITEM#72595 (Continued) 7. Ordinance to GRANT seventeen (17)Franchise Agreements re outdoor café in the Resort Area: a. Ocean Fifteen,Inc., t/a Mediterranean Grill Cafe re sidewalk(Atlantic to Pacific) café at 1508 Atlantic Avenue b. Virginia George Co., Inc., t/a Dough Boys Café re sidewalk(Atlantic to Pacific) café at 1700 Atlantic Avenue c. Beach Convenience, LLC, t/a The Sweet Spot Café re sidewalk(Atlantic to Pacific) café at 1718 Atlantic Avenue d. Young Veterans, LLC, t/a The Bunker Brewpub re sidewalk(Atlantic to Pacific) café Café at 211 21 s`Street e. ARNAV 138 Hotel, LLC, t/a Barclay Towers Café re boardwalk café at 809 Atlantic Avenue f La Herradura 4, LLC, t/a La Herradura Café re sidewalk(Atlantic to Pacific) cafe at 2006 Atlantic Avenue g. Mahi Mah's,LLC, t/a Mahi's Café re boardwalk café at 615 Atlantic Avenue h. 3107 Atlantic, LLC, t/a North Beach Bar and Pizza Cafe re boardwalk café at 3107 Atlantic Avenue i. Osprov Respublik, Inc., t/a Oceanhouse Waterfront Café re boardwalk café at 1905 Atlantic Avenue j. Osprov Respublik, Inc., t/a Johnny Mananas Cafe re boardwalk café at 2207 Atlantic Avenue k. Atlantic Sands, Inc., t/a Calypso Cafe re boardwalk café at 1101 Atlantic Avenue 1. Atlantic Enterprises, Inc., t/a Oceanfront Inn Café re boardwalk café at 2901 Atlantic Avenue m. Four Sails Timeshare Owners Association, Inc., t/a Katie's at 33rd Street re boardwalk café at 3301 Atlantic Avenue n. Ahata,Inc., t/a Pier 23 Café re sidewalk(Atlantic to Pacific) café at 2224 Atlantic Avenue o. Virginia George Co., Inc., t/a Dough Boys Cafe re sidewalk(Atlantic to Pacific) café at 3224 Atlantic Avenue p. Tampico Enterprises, Inc., t/a Abbey Road Café re sidewalk(Atlantic to Pacific) café at 203 22nd Street q. Luna Sea,Inc., t/a Luna Sea Café re sidewalk(Atlantic to Pacific) café at 206 22"d Street 8. Ordinance to AMEND and REORDAIN Section 10-1 of the City Code re Changing Name of Polling Place from Landstown Community Church to Restoration Church at Landstown 9. Ordinance to APPROVE the assignment of the Franchise re operation and maintenance of the Virginia Beach Fishing Pier to VB Fishing Pier,LLC March 15, 2022 32 AGENDA REVIEW SESSION ITEM#72595 (Continued) 10. Resolution to AUTHORIZE the City Manager and City Clerk to place an Advertisement re various Permit and Inspection Fee increases as part of the FY 2022-23 Budget Process 11. Ordinances to AUTHORIZE temporary encroachments into a portion of City-Owned Property: a. Known as Bass Inlet located at the rear of 2909 Sandpiper Road re construct and maintain a wooden pier and boat lift District 2 (Formerly District 7 - Princess Anne) b. Known as Treasure Canal located at the rear of 2209 Leeward Shore Drive re construct and maintain boat lift,timber pier and rip rap revetment District 8(Formerly District 5-Lynnhaven) 12. Ordinance to EXTEND the Sunset Date to April 5, 2023, re residential parking in the Historic Cavalier Shores Neighborhood 13. Ordinance to ACCEPT$15,604 from the Virginia Aquarium Foundation and APPROPRIATE to Capital Project #100463, "Virginia Renewal and Replacement III," re refurbish the Ray Touch Pool Exhibit K. ORDINANCES/RESOLUTIONS: ITEM#1 a/b WILL BE CONSIDERED SEPARA TEL Y ITEM#3 WILL BE CONSIDERED SEPARA TEL Y ITEM#5 WILL BE CONSIDERED SEPARA TEL Y ITEM#6 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#7q COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#10 March 15, 2022 33 AGENDA REVIEW SESSION ITEM#72595 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING 1. 1252 JENSEN,LLCfor a Conditional Use Permit re bulk storage yard&Modification ofPro fers at 1252 Jensen Drive and a portion of 1228 Jensen Drive District 6(Formerly District 6—Beach) 2. WHITNEY TRIPLIN-PASS/JAMES PASS & WHITNEY TRIPLIN-PASS for a Conditional Use Permit re family day-care at 952 Timberlake Drive District 1 (Formerly District 2 — Kempsville) 3. N3 PROPERTY ADVISORS / VIRGINIA BEACH INVESTMENT COMPANY, LLC for a Conditional Use Permit re automobile repair garage at 6213 Indian River Road District 1 (Formerly District 1—Centerville) 4. NMP-C4 FAIRFIELD S/C, LLC for a Conditional Use Permit re mini-warehouse at 5312 Fairfield Shopping Center District 3 (Formerly District 2—Kempsville) 5. DANIELLE GOOD& CYNTHIA SCHOTT/BYLER LAKES,LLCfor a Conditional Use Permit re tattoo parlor at 522 South Independence Boulevard District 3(Formerly District 3—Rose Hall) 6. ALLIENA WESTLEIGH/AL VIN& CYNTHIA ALLIE-WESTLEIGH for a Conditional Use Permit re residential kennel at 4512 Whitechapel Court District 9(Formerly District 4—Bayside) 7. TAN DANG/REGENCY HILLTOP ASSOCL4TESfor a Conditional Use Permit re tattoo parlor at 1940 Laskin Road, Suite 311 District 6(Formerly District 6—Beach) 8. CAND CDEVELOPMENT COMPANY,INC.for a Conditional Use Permit re short term rentals at 501 22nd Street, Units A &B District 6(Formerly District 6—Beach) 9. CYNTHIA LAENGER for a Conditional Use Permit re short term rental at 2113 Atlantic Avenue, Unit 6C District 6(Formerly District 6—Beach) L.PLANNING: ITEM#1 WILL BE CONSIDERED SEPARA TEL Y ITEM#6 WILL BE CONSIDERED SEPARATELY March 15, 2022 34 ITEM#72596 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body pursuant to Section 2.2-3 711(A)(7). • City of Virginia Beach v. WC Capital 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 2.2-3711(A)(8). • Recycling Contract PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(29) • Atlantic Park 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) • Project Coastal • Project Sign 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 March 15, 2022 35 ITEM#72596 (Continued) Upon motion by Council Member Moss, seconded by Council Member Holcomb, City Council voted to proceed into CLOSED SESSION at 2:48 P.M. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D.Moss,Aaron Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Closed Session 2:48 P.M. —5:56 P.M. March 15, 2022 36 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL MARCH 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, March 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 Members Absent: None INVOCATION: Council Member Jones PLEDGE OF ALLEGIANCE 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 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council,she identifies a matter in which she has a `personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. March 15, 2022 37 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 extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest.In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015 is hereby made a part of the record. March 15, 2022 38 ITEM— VLE CERTIFICATION ITEM#72597 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss,Aaron Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None March 15, 2022 ,,,. .,,. .,.., ,,,, .._,..:_.,,, , E. ,-AL- 4,- ' s Q., ,,-- b\7 _ ] 5 0,4,,..ie t J OF OUR .0,04S RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#72596 on Page 35 and in accordance with the provisions of The Virginia Freedom of Information Act;and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. iliiii A $ da Barn. MC City Clerk March 15, 2022 39 ITEM— VLF MINUTES ITEM#72598 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of March 1,2022. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Abstaining: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson Council Members Absent: None March 15, 2022 40 ITEM— VI.G. MAYOR'S PRESENTATIONS ITEM#72599 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. 60t"ANNIVERSARYA WARDS Mayor Dyer welcomed Sandra Baylor-Sadler, daughter of James P. Sadler, and read the Proclamation honoring her father. Mr. Sadler's dedicated service to the City earned him the distinction in 1971 as First Citizen of Virginia Beach and led to his selection as the first King Neptune at the inaugural celebration of the Virginia Beach Neptune Festival in 1974. Mr. Sadler fostered relationships within the City and Hampton Roads through his contributions while serving on the Chamber of Commerce, City Industrial Development Authority, Virginia Beach Rescue Squad Foundation and Virginia Beach General Hospital. Mr. Sadler exemplifies the model of citizenship and service and is a recipient of the "Virginia Beach Diamond Award". Mayor Dyer 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. Baylor-Sadler expressed her appreciation to City Council for this recognition and that it is an honor to represent her father. Ms. Baylor-Sadler emphasized her father's love of the City and who was a modest self-made man who was dedicated to helping Virginia Beach become the great City it is today. Mayor Dyer welcomed Mark Reed to accept the Proclamation on behalf of Pete Smith who was unable to attend. Mayor Dyer read the Proclamation recognizing Mr. Smith as the "Godfather of Surfing"due to his passion and dedication in creating the surfing culture with the establishment of the City's first surf shop the, "Pete Smith Surf Shop"which now has additional locations and his vision in pioneering the East Coast Surfing Championship(ECSC)in 1963. The surfing competition is the longest continuous running stilling event in the nation and the second longest in the world. The City has greatly benefited from Mr. Smith who has helped to make the City a well-known place to live, work and play and cultivated it as an outstanding coastal community earning him the "Virginia Beach Diamond Award". Mayor Dyer 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. Mr. Reed expressed his appreciation to City Council for recognizing Mr. Smith as a major contributor to the City's surfing culture that remains today. March 15, 2022 11L I tt o Or 0UR 40,0 rodamation Whereas:ereas: James T.Sadler,who offered himself as a servant leader to the City of Virginia Beach throughout his life,serving the whole of the community through his hard workand unwavering support to elevate the profile of the City of Virginia Beach and enhance the quality of life for citizens;and 'Whereas: James P.Sadler has given of his time and knowledge,earning the distinction in 1971 of First Citizen of Virginia Beach and in 1974,selected to preside as the first'king Neptune at the inaugural celebration of the'Virginia(Beach Neptune Testiva(--James P.Sadler counted it his duty to help shape the city in its beginnings into a dynamic location that still embodied the feeling of home and pride:and Whereas: James T.Sadler inspired others with his unyielding commitment to advancement projects;to include past president of the Chamber of Commerce,member of City Industrial(Development Authority, contributor to the City radio station—'G1XBOE, member emeritus of the Virginia Beach Rescue Squad Foundation,past iloartmernber of Virginia Beach Ceneraf.Ifospital and more,his efforts helped establish the City as a premier coastal community;and Whereas: 'The City of Virginia Beach has greatly benefitedfrom James P.Sadler's dedication and his proclivity to answer calf orneedforsupport—he is counted among the City's residents and community contributors who have made Virginia Beach a unique and-well-known place to live,workand play; and Whereas: The community has been 6lessed 6y the wisdom and passionate advocacy of James P.Sadler as he has fostered relationships with the citizens of Virginia Beach and-within the Hampton Roads area;and Whereas: By e.eempffjing the model of citizenship and service in the City of Virginia Beach,James T.Sadler has mentored and empowered other citizens to contribute their skills and talents to the community; and 'Whereas: 'Nostalgic B"is a celebration of Virginia(Beach pioneers and residents fearing up to the 60th anniversary of our great city in January 2023. Now,Therefore I, 2o&ert f.%i. `Bobby"Dyer,!Mayor of the City of't'irginha Beach,zrginia,do hereby Proclaim: games 4P. Safer &cipient of the "Virginia Beach Diamond Aware In Virginia Beach, and I 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 benefit and betterment of the community so that future generations can appreciate andfurther uplift our beloved City of Virginia Beach. In 'Witness 'Whereof 1 have hereunto set my hand and caused the Official Seal of the City of'Virginia (Beach, t'irginta, to beafked this'Fifteenth day ofMarch,'Two Thousand and(Twenty-Two. 1 ' a v : 4-i- Ipayor94."B066y"(Dyer �f - ?'011io 0‘N1A-BFAc 4ti4- - 'SQL -.3 Op OUR NANO 4./ rotlitmation Whereas: Fete Smith,a reluctant visionary with no desire for leadership and adoration,rose to the occasion and helped the City of'Virginia Beach beyond its beginnings as a quaint seaside and rural community and through his unmatched imagination—elevated the profile and enhanced the quality of fife for Virginia'Beach citizens and visitors;and 'Whereas: Pete Smith has given of his time—opening the City of Virginia Beach's first dedicated shop—a joint venture that led to additionaflocations that carry his name—the Pete Smith SurfShop.J-le also pioneered the East Coast Sung Championship in 1963—a competition that is now the longest continuous-running surfing event in the nation and the second-longest in the world,and Whereas: Pete Smith helped put the City of Virginia Beach on the map in the eyes of the surfing culture from across the country and-around the world..fis efforts have resulted in visitors experiencing the city as an outstanding destination beyond-the Oceanfront and outside of the summer months;and Whereas: Pete Smith,the father of the't'irginia(Beach surfing culture,is now a grandfather—the name Pete Smith continues to resonate amongst the surfing culture's most elite athletes who still hail him as the East Coast "Godfather of Sung;"and Whereas: The City of Virginia Beach has greatly benefitedfrom Pete Smith's dedication—he is counted among the City's residents and-community contributors who have made Virginia Beach a unique andu'eQ- known place to live,workand play;and- Whereas: The community has been blessed by the wisdom and passionate advocacy of James P.Sadler as he has fostered relationships with the citizens of Virginia Beach antwithin the 9fampton Roads area;and Whereas: By exemplifying the model of citizenship and-service in the City of Virginia Beach,James(P.Sadler has mentored and empowered other citizens to contribute their skills and talents to the community; and Whereas: "S'Tosta(gic'i-iB"is a celebration of Virginia Beach pioneers and-residents leading up to the 6CW anniversary of our great city in January 2023. Now,Terefore I,Robert W. "Bobby'Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby Proclaim: Pete Smith Wccpi€nt of the "airginia Beach DDiamond Award" In Virginia Beach, and I calf upon the citizens and members within government agencies, public and private institutions, business,and schools in Virginia Beach to 6e of service for the benefit and betterment of the community so that future generations can appreciate andfurther uplift our beloved City of'Virginia Beach. In 'Witness 'Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, 'Virginia, to fie a fired this cFifteenth day of 9Vtarch,'Two'Thousand and-Twenty-Two. 141•4,- Tst S , 3• pbe,‘Itt Bobby"(Dyer .t -`i ` Mayor r • r. • c J tg•t� 1� '� ' 41 ITEM— VI.G MAYOR'S PRESENTATIONS ITEM#72600 RESOLUTION IN RECOGNITION Council Member Wooten, on behalf of Mayor Dyer, welcomed Julie Shiflet and read the Resolution recognizing Mrs. Shiflet during Women's History Month. Mrs. Shiflet was the top tennis player in the Mid- Atlantic section at the age of ten and throughout her entire junior career setting records when she won both the National Easter Bowl Championship, the girls 16 and under National Clay-Court Title and back to back National Claycourt titles. Mrs. Shiflet went on to compete in many professional events including the US Open, the Family Circle Cup, The Miami Open, The Pan Pacific Open and many other WTA tournaments all over the world. After retirement,Mrs. Shiflet earned her bachelor's degree in psychology from the College of William and a personal training certification from the National Academy of Sports Medicine and went on to coach Regional and National Training Centers around the country. Mrs. Shiflet continues to train and motivate players at the Davidson Tennis Academy. Mrs. Shiflet expressed her appreciation to City Council for this recognition. March 15, 2022 .,,,c'._11,1A_:_e4_,,e-,./-12,6 U per_. 5 ii °F BUR NAS�o' RESOLUTION WHEREAS: In 1980, President Jimmy Carter issued the first presidential proclamation declaring the week of March 8 as National Women's History Week. The U.S. Congress followed suit the next year,passing a resolution establishing a national celebration. Six Years later, the National Women's History Project successfully petitioned Congress to expand the event to the entire month of March;and WHEREAS: The National Women's History Alliance designates a yearly theme for Women's History Month with the 2022 theme "Women Providing Healing, Promoting Hope." This theme is "both a tribute to the ceaseless work of caregivers and frontline workers during this ongoing pandemic and also a recognition of the thousands of ways that women of all cultures have provided both healing and hope throughout history.";and WHEREAS: Julie Shiflet,as a junior player,was the top in the Mid-Atlantic section at the age of ten and throughout her entire junior career;and WHEREAS: Julie,at the young age of 14,won the National Easter Bowl Championship and became the youngest player ever to win the girls 16&under National Clay-Court Title. The very next summer,Julie set another junior record by winning the event again for two back-to-back National Clay-Court titles;and WHEREAS: Julie played in her first professional tournament at the age of 15 and competed in many professional events including the US Open,the Family Circle Cup,The Miami Open,The Pan Pacific open and many other WTA tournaments all over the world;and WHEREAS: Julie went on to play number one at the College of William and Mary and led the team to the CAA title,as well as a national team ranking of 14 in her freshman year;and WHEREAS: Julie was an All-American and finished her freshman season ranking number 7 in the country,earning CAA player of the year;and WHEREAS: Julie turned pro after her freshman year of college and ranked in the top 200 before suffering a career ending shoulder injury in 1994. After retirement,Julie returned to William and Mary and received her bachelor's degree in Psychology; and WHEREAS: Julie is an optimist and a motivator who loves to help players reach their full potential. She has coached at Regional and National Training Centers around the country working with numerous top-ranked Mid-Atlantic and nationally ranked players who have received Division I College scholarships;and WHEREAS: With her strong background in psychology,experience and passion for the game of tennis,Julie is an excellent coach for players of all ages and levels. Julie received her personal training certification from the National Academy of Sports Medicine and is able to sculpt complete players capable of playing at the highest levels;and WHEREAS: Julie and her husband operate the Davidson Tennis Academy at the Virginia Beach Tennis&Country Club where there are over 50 high performance players and 40 current beginner students participating. NOW THEREFORE,BE IT RESOLVED: The Virginia Beach City Council honors Julie Shiflet for her efforts to serve the community by way of growing the game of tennis while developing community relationships with players,fans and the community at large BE IT FURTHER RESOLVED: That the Virginia Beach City Council pauses during its Formal deliberations this 15th day of March,2022,in honor of Women's History Month to recognize: JULIE SHIFLET Adopted by the Council of the City of Virginia Beach, Virginia the 1 S`h day of March,2022 and present this Resolution duly signed by each Member of th Virgini ach C' ouncil with a copy spread upon the Minutes of this meeting. frft Council 9Kem6er9tifichae(E Beducchi Council9Kember Linwood O.Branch Council-9Kember Barbara 9K.7lenley VO 1.104k Council- her . ` cky".91-o(com6 il91em Louis R:Jones Council-31emberJohn D.Moss a,• Counc 9Kemb Aaron 2j;Rouse Council-9KemberGuy IC Tower nci[3femberSabrina D.Wooten • Vice 91ayor ry Wifson 91ayor Ebert Y. "Bob Dyer 42 ITEM— VLG MAYOR'S PRESENTATIONS ITEM#72601 CROWNING OF MIA-ALANA CAALIM—NATIONAL ELITE MISS TEEN VIRGINIA Mayor Dyer welcomed Ms. Mia-Alana Caalim and placed the Virginia sash on her as Vice Mayor Wilson placed the crown on her head. Ms. Caalim won the National Elite Miss Teen pageant and will represent the state of Virginia at the National Elite Miss 2022 pageant this summer in Houston, Texas. Ms. Caalim expressed her appreciation to City Council for their support and recognition. March 15, 2022 43 ITEM— VI.H.1 PUBLIC COMMENT ITEM#72602 Mayor Dyer DECLARED a PUBLIC COMMENT: PEMBROKE MALL REDEVELOPMENT (Requested by Council Member Moss) The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC COMMENT March 15, 2022 44 ITEM— VLI.1 PUBLIC HEARINGS ITEM#72603 Mayor Dyer DECLARED a PUBLIC HEARING: AMENDMENT TO THE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY ORDINANCE(Adopted September 7, 2021) 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 March 15, 2022 45 ITEM— VLL2 PUBLIC HEARINGS ITEM#72604 Mayor Dyer DECLARED a PUBLIC HEARING.• CAFÉ FRANCHISE AGREEMENTS a. Ocean Fifteen, Inc., t/a Mediterranean Grill Cafe re sidewalk (Atlantic to Pacific) café b. Virginia George Co., Inc., t/a Dough Boys Cafe re sidewalk (Atlantic to Pacific)café c. Beach Convenience, LLC, t/a The Sweet Spot Café re sidewalk (Atlantic to Pacific) cafe d. Young Veterans, LLC, t/a The Bunker Brewpub Cafe re sidewalk(Atlantic to Pacific) cafe e. Mahi Mah's, LLC, t/a Mahi's Cafe re boardwalk café f 3107 Atlantic, LLC, t/a North Beach Bar and Pizza Café re boardwalk café g. Osprov Respublik, Inc., t/a Oceanhouse Waterfront Café re boardwalk café h. Osprov Respublik, Inc., t/a Johnny Mananas Cafe re boardwalk café i. ARNAV 138 Hotel,LLC, t/a Barclay Towers Cafe re boardwalk cafe j. Atlantic Sands, Inc., t/a Calypso Cafe re boardwalk cafe k. Atlantic Enterprises,Inc., t/a Oceanfront Inn Café re boardwalk café 1. Four Sails Timeshare Owners Association, Inc., t/a Katie's at 33rd Street re boardwalk café m. La Herradura 4, LLC, t/a La Herradura re sidewalk(Atlantic to Pacific) cafe n. Ahata,Inc., t/a Pier 23 Café re sidewalk(Atlantic to Pacific)café o. Virginia George Co., Inc., t/a Dough Boys Café re sidewalk (Atlantic to Pacific) cafe p. Tampico Enterprises, Inc., t/a Abbey Road Café re sidewalk (Atlantic to Pacific) café q. Luna Sea,Inc., t/a Luna Sea Cafe re sidewalk(Atlantic to Pacific) café The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING March 15, 2022 46 ITEM— VI.J.1 FORMAL SESSION AGENDA ITEM#72605 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: 2a/b, 3, 4, 7a-q, 8, 9, 10, 11 a/b, 12 and 13 and Planning Items L:2, 3, 4, 5, 7, 8 and 9 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council APPROVED, BY CONSENT, Ordinances/Resolutions K:2a/b, 4, 7a-q, 8, 9, 10, Ila/b, 12 and 13 and Planning Items L:2,3, 4, 5, 7, 8and9 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 Web WILL BE CONSIDERED SEPARA TEL Y ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARA TEL Y ITEM#6 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#7q COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#10 L.PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#6 WILL BE CONSIDERED SEPARATELY March 15, 2022 47 ITEM— VLK.1.a.1 ORDINANCES/RESOLUTIONS ITEM#72606 The following registered to speak on K1 : Rona Marsh, 4382 Lynnview Crescent, Phone: 270-7900, spoke in SUPPORT Barbara Messner, P.O. Box 514, spoke in OPPOSITION Sara Gerloff, 1332 Starling Court, Phone: 425-8599, spoke in OPPOSITION Upon motion by Council Member Moss, seconded by Council Member Tower, City Council ALLOWED WITHDRAWAL: a. REQUESTED BY COUNCIL MEMBER MOSS 1. Ordinance to AMEND the Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools re "Taxpayer Dividend" and to provide revenue offsets(Deferred from March 1, 2022) Council Member Moss Requests Withdrawal 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 March 15, 2022 48 ITEM— VLK.1.b.1 ORDINANCES/RESOLUTIONS ITEM#72607 Upon motion by Council Member Moss, seconded by Council Member Tower, City Council ADOPTED Resolution re Taxpayer Relief b. STAFF RECOMMENDATION 1. Resolution to CONCUR with Personal Property Assessment Methodology for vehicles in Calendar Year 2022 Proposed by the Commissioner of the Revenue 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 March 15, 2022 STAFF RECOMMENDATION 1 A RESOLUTION CONCURRING WITH THE PERSONAL 2 PROPERTY ASSESSMENT METHODOLOGY FOR 3 VEHICLES IN CALENDAR YEAR 2022 PROPOSED BY THE 4 COMMISSIONER OF THE REVENUE 5 6 WHEREAS, the Virginia Constitution requires tax assessments to be both uniform 7 and reflect fair market value; 8 9 WHEREAS, the Calendar Year 2022 market for vehicles has been distorted by 10 supply chain, semiconductor chip shortages, and labor constraints, and for purposes of 11 this resolution, "motor vehicles" includes those subclassifications of personal property set 12 forth in Virginia Code § 58.1-3503(A)(3), (4), (5), (7), (9) and (10); 13 14 WHEREAS, the Commissioner of the Revenue (the "Commissioner") typically 15 makes reference to a pricing guide when valuing vehicles for purposes of personal 16 property taxes; and 17 18 WHEREAS, the Commissioner believes the present market issues are not 19 permanent, and in an effort to avoid reflecting the magnitude of the distortion in the 20 Calendar Year 2022 vehicle assessments, the Commissioner believes fair market value 21 is better reflected by applying a 25% declination to the values in the pricing guide; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That, pursuant to Virginia Code § 58.1-3503(B), the City Council concurs with the 27 Commissioner's proposed use of an assessment ratio in addition to the pricing guide for 28 the Calendar Year 2022 motor vehicle assessments in furtherance of achieving fair 29 market value. Adopted by the City Council of the City of Virginia Beach, Virginia, this 15th day of March , 2022 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attorney's Office CA15699 R-3 March 3, 2022 49 ITEM— VLK.1.b.2 ORDINANCES/RESOLUTIONS ITEM#72608 Upon motion by Council Member Moss, seconded by Council Member Tower, City Council ADOPTED Ordinance re Taxpayer Relief: b. STAFF RECOMMENDATION 2. Ordinance to AMEND Calendar Year 2022 Tax Levy on Personal Property and Machines and Tools 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 March 15, 2022 STAFF RECOMMENDATION 1 AN ORDINANCE TO AMEND THE CALENDAR YEAR 2 2022 TAX LEVY ON PERSONAL PROPERTY AND 3 MACHINERY AND TOOLS 4 5 WHEREAS, the Staff recommendation is to follow the approach urged by the 6 Commissioner of the Revenue, which takes a fair market value approach to the 7 unprecedented increases in the pricing guide valuations of vehicles; 8 9 WHEREAS, to implement the Staff recommendation, an adjustment to the 10 Calendar Year Personal Property Tax Relief Act percentage is required; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA, THAT: 14 15 The City Council hereby amends An Ordinance Establishing the Tax Levy on 16 Personal Property and Machinery and Tools for the Calendar Year 2022 to provide the 17 following text in Section 2: 18 19 "Sec. 2. Personal Property Tax Relief. 20 As required by § 58.1-3523 of the Code of Virginia, qualifying vehicles (as 21 defined by § 58.1-3523), not otherwise exempted from taxation in this ordinance 22 or by law, shall be subject to the following: 23 1. Any qualifying vehicle with a total assessed value of$1,000 or less will be levied 24 no tax, reflecting a reimbursement of 100% Personal Property Tax Relief Act. 25 2. Any qualifying vehicle with an assessed value of between $1,001 and $20,000 26 will be levied at 49.2% 54.5% of the computed tax based on the total assessed 27 value of the vehicle. Reimbursement is expected from the Commonwealth 28 under the Personal Property Tax Relief Act equal to the remaining 50.8% 29 45.5% of the computed tax on the first $20,000 of assessed value. 30 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied 31 49.2%54.5%of the computed tax based on the first $20,000 of assessed value 32 and 100% of the computed tax based on the assessed value in excess on 33 $20,000. Reimbursement is expected from the Commonwealth under the 34 Personal Property Tax Relief Act equal to the remaining 50.8% /15.5% of the 35 computed tax on the first $20,000 of assessed value." 36 37 BE IT FURTHER ORDAINED, THAT: 38 39 This ordinance is effective January 1, 2022, to allow it to be reflected in the bills 40 due on June 5, 2022. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 15th day of March , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: . : , ) , - ), (-} Budget and Management Services ttor ey's Office CA15720 R-1 March 3, 2022 50 ITEM— VI.K.2a ORDINANCES/RESOLUTIONS ITEM#72609 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the Calendar Year 2022 Tax Levy on Personal Property and Machine and Tools and to provide Revenue Offsets(Requested by Council Member Rouse)re: a. Tangible Personal Property of a Business that qualifies for Business License Incentive Program for New Businesses 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 March 15, 2022 REQUESTED BY COUNCILMEMBER ROUSE 1 2 AN ORDINANCE TO AMEND THE CALENDAR YEAR 3 2022 TAX LEVY ON PERSONAL PROPERTY AND 4 MACHINERY AND TOOLS TO SET THE TAX RATE 5 FOR TANGIBLE PERSONAL PROPERTY OF A 6 BUSINESS THAT QUALIFIES FOR THE BUSINESS 7 LICENSE INCENTIVE PROGRAM FOR NEW 8 BUSINESSES AND TO PROVIDE REVENUE 9 OFFSETS 10 11 WHEREAS, the City Council requested and received legislation in 2011 that 12 allowed localities to provide business license tax reductions for new businesses and 13 businesses that relocate to a city, county, or town; 14 15 WHEREAS, the City Council enacted the Business License Incentive Program 16 for New Businesses on June 28, 2011; 17 18 WHEREAS, in addition to relief for business license taxes, the General Assembly 19 has separately classified the tangible personal property of businesses that meet the 20 definition of "qualifying businesses" for purposes of the Business License Incentive 21 Program for New Businesses; 22 23 WHEREAS, a separate tax classification allows the City Council to adopt a tax 24 rate for tangible personal property that is lower than the tax rate for the general 25 classification of tangible personal property; 26 27 WHEREAS, the City Council desires to separately classify tangible personal 28 property of businesses that qualify for the Business License Incentive Program for New 29 Businesses; 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 32 OF VIRGINIA BEACH, VIRGINIA, THAT: 33 34 1. The Ordinance Establishing the Tax Levy on Personal Property and Machinery 35 and Tools for the Calendar Year 2022 is hereby amended to add new Sectionl7 36 to read as follows: 37 38 Sec. 17. Tangible Personal Property of a Business that Qualifies for the 39 Business License Incentive Program for New Businesses. 40 The tax rate applicable to the tangible personal property of a business that 41 qualifies for the Business License Incentive Program for New Businesses, such 42 classification authorized by § 58.1-3506(A)(45), shall be one millionth of one cent 43 ($0.000001) per $100 of assessed value. This tax classification shall apply for 44 the first two tax years in which the qualifying business is subject to tax upon its 45 personal property in the City of Virginia Beach. 46 47 2. To provided offsets for this ordinance, $265,516 is hereby provided from the fund 48 balance of the General Fund to the revenue anticipated from personal property 49 taxes. 50 51 3. The effective date of this ordinance is January 1, 2022. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 15 t h day of March , 2022. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C mmissi eer f the Revenue orne s Office CA15501 R-2 March 3, 2022 51 ITEM— VLK.2b ORDINANCES/RESOLUTIONS ITEM#72610 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the Calendar Year 2022 Tax Levy on Personal Property and Machine and Tools and to provide Revenue Offsets(Requested by Council Member Rouse)re: b. Motor Vehicle owned and used primarily by or for someone at least sixty-five years of age or anyone found to be permanently and totally disabled 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 March 15, 2022 REQUESTED BY COUNCILMEMBER ROUSE 1 AN ORDINANCE TO AMEND THE CALENDAR YEAR 2 2022 TAX LEVY ON PERSONAL PROPERTY AND 3 MACHINERY AND TOOLS TO SET THE TAX RATE 4 FOR A MOTOR VEHICLE OWNED AND USED 5 PRIMARILY BY OR FOR SOMEONE AT LEAST SIXTY- 6 FIVE YEARS OF AGE OR ANYONE FOUND TO BE 7 PERMANENTLY AND TOTALLY DISABLED AND TO 8 PROVIDE REVENUE OFFSETS 9 10 WHEREAS, the General Assembly has created a separate tax classification that 11 allows the City Council to adopt a tax rate lower than the tax rate applicable to the general 12 classification of tangible personal property for a motor vehicle owned and used primarily 13 by or for someone at least sixty-five years of age or anyone found to be permanently and 14 totally disabled; 15 16 WHEREAS, the City Council desires to lower the applicable rate for such vehicle 17 from the rate established as part of the FY2021-22 Operating Budget; 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA, THAT: 21 22 1. The Ordinance Establishing the Tax Levy on Personal Property and Machinery 23 and Tools for the Calendar Year 2022 is hereby amended to read as follows: 24 25 Sec.11. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or 26 for Someone at Least Sixty-Five Years of Age or Anyone Found to be 27 Permanently and Totally Disabled. 28 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of 29 Virginia, there shall be a reduced tax, levied and collected for general 30 purposes for calendar year 2022, at the rate of one millionth of one cent 31 ($0.000001) three dollars ($3.00) on each one hundred dollars ($100.00) 32 of assessed valuation, on one (1) automobile or pickup truck owned and 33 used primarily by or for anyone at least sixty-five years of age or anyone 34 found to be permanently and totally disabled, as defined in Section 58.1- 35 3506.3 of the Code of Virginia, subject to the following conditions: 36 1. The total combined income received, excluding the first $7,500 of 37 income, from all sources during calendar year 2020 by the owner of the 38 motor vehicle shall not exceed twenty-two thousand dollars ($22,000). 39 2. The owner's net financial worth, including the present value of all 40 equitable interests, as of December 31 of calendar year 2020, excluding the 41 value of the principal residence and the land, not exceeding one (1) acre, 42 upon which it is situated, shall not exceed seventy thousand dollars 43 ($70,000). 44 3. All income and net worth limitations shall be computed by 45 aggregating the income and assets, as the case may be, of married 46 individuals who reside in the same dwelling and shall be applied to any 47 owner of the motor vehicle who seeks the benefit of the preferential tax rate 48 permitted under this ordinance, irrespective of how such motor vehicle may 49 be titled. 50 b. Any such motor vehicle owned by married individuals may qualify if 51 either spouse is sixty-five or over or if either spouse is permanently and 52 totally disabled, and the conditions set forth in subsection (a) have been 53 satisfied. 54 55 2. To provided offsets for this ordinance, $70,616 is hereby provided from the fund 56 balance of the General Fund to the revenue anticipated from personal property 57 taxes. 58 59 3. The effective date of this ordinance is January 1, 2022. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 15th day of March , 2022. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C. missione,► th- Revenue G y A n CA15511 R-2 March 3, 2022 52 ITEM— VLK.3 ORDINANCES/RESOLUTIONS ITEM#72611 The following registered to speak: Danielle Good spoke in SUPPORT Cynthia Schott spoke in SUPPORT Upon motion by Council Member Berlucchi, seconded by Vice Mayor Wilson, City Council ADOPTED, Resolution to REFER to Planning Commission an Ordinance to ADD Section 209.5, DELETE Section 242.1 and AMEND Section 901 of the City Zoning Ordinance (CZO) re tattoo parlors and body piercing establishments as permitted uses in the B-2 Zoning District(Requested by Vice Mayor Wilson and Council Member Berlucchi) 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 March 15, 2022 1 REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBER 2 BERLUCCHI 3 4 A RESOLUTION REFERRING TO THE PLANNING 5 COMMISSION AN ORDINANCE TO ADD SECTION 209.5, 6 DELETE SECTION 242.1, AND AMEND SECTION 901 OF 7 THE CITY ZONING ORDINANCE PERTAINING TO TATTOO 8 PARLORS AND BODY PIERCING ESTABLISHMENTS AS 9 PERMITTED USES IN THE B-2 ZONING DISTRICT 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 WHEREAS, concern has been expressed that the requirement for a conditional use 15 permit for all tattoo parlors and body piercing establishments in the City, including those 16 establishments only practicing permanent makeup, is excessive in today's atmosphere 17 toward tattoos; and 18 19 WHEREAS, there have been no problems at the parlors with conditional use permits, 20 and the elimination of specific City Council approval will be a benefit to these small business 21 owners; and 22 23 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 24 VIRGINIA: 25 26 There are hereby referred to the Planning Commission, for its consideration and 27 recommendation the ordinances attached hereto. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the Planning Commission be, and hereby is, directed in accordance with Virginia 33 Code Section 15.2-2229 to transmit to the City Council its recommendations concerning the 34 aforesaid amendments no later than one hundred (100)days after the date of the adoption 35 of this Resolution. Adopted by the City Council of the City of Virginia Beach,Virginia,on the 15 t h day of March , 2022. 1 APPROVED AS TO LEGAL SUFFICIENCY: aLOCRN_ City Attorney's Office CA15710 R-1 February 24, 2022 2 1 AN ORDINANCE TO ADD SECTION 209.5, 2 DELETE SECTION 242.1 AND AMEND 3 SECTION 901 OF THE CITY ZONING 4 ORDINANCE PERTAINING TO TATTOO 5 PARLORS AND BODY PIERCING 6 ESTABLISHMENT AS PERMITTED USES IN 7 THE B-2 ZONING DISTRICT 8 9 Section Added: § 209.5 10 Section Deleted: § 242.1 11 Section Amended: § 901 12 13 WHEREAS, the public necessity, convenience, general welfare and good zoning 14 practice so require; 15 16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA: 18 19 That Section 209.5 of the City Zoning Ordinance is hereby added, Section 242.1 20 is deleted, and Section 209.5 is hereby amended and reordained to read as follows: 21 22 Section 209.5. Tattooing, tattoo parlors and Body Piercing Establishments. 23 24 1. Any Tattoo Parlor or Body Piercing Establishment permitted under this zoning 25 ordinance shall comply with the applicable requirements of Chapter 23 of the City 26 Code. 27 28 2. The application of tattoo or body piercings shall occur only in areas not visible from 29 the exterior of the establishment or from the waiting and sales area within the 30 establishment. 31 32 3. Any on-site signage for the establishment shall meet the requirements of Article II, 33 Part B of the City Zoning Ordinance. Building signage designed to be a "box sign" 34 and signage for windows shall not be permitted. A separate sign permit shall be 35 obtained from the Planning Department for installation of any new signs. 36 37 . . . . 38 39 . Reserved. 40 41 42 uses in the B-2 Community Business District, a-Rd, tattoo parlors and body piercing 43 establishments shall be subject to the pertaining to tattoo parlors and 44 body piercing establishments set forth in Chapter 23 of the City Code, which 45 46 47 . . . . 48 49 Sec. 901. Use regulations. 50 51 (a) Principal and conditional uses. The following chart lists those uses permitted 52 within the B-1 through B-4K Business Districts. Those uses and structures in the 53 respective business districts shall be permitted as either principal uses indicated 54 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated 55 by an "X" shall be prohibited in the respective districts. No uses or structures 56 other than as specified shall be permitted. 57 Use B-1 B-1 A B-2 B-3 B-4 B-4C B-4K Body piercing X X G P X X X X establishments ]Tattoo parlors X X C P X X X X Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 t h _ day of March , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • Planning Departmen City Attorney's Office CA15697 R-3 March 1, 2022 53 ITEM— VLK.4 ORDINANCES/RESOLUTIONS ITEM#72612 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Resolution to REVISE Membership of the 5/31 Memorial Committee (Requested by Council Members Berlucchi and Wooten) 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 March 15, 2022 REQUESTED BY COUNCILMEMBERS BERLUCCHI AND WOOTEN 1 A RESOLUTION REGARDING THE MEMBERSHIP OF THE 2 5/31 MEMORIAL COMMITTEE 3 4 WHEREAS, in December 2020, the City Council approved a resolution to establish 5 the 5/31 Memorial Committee ("Committee") to guide the 5/31 memorial planning 6 process; 7 8 WHEREAS, in October 2021, the City Council approved a resolution that provided, 9 among other things, that the membership of the Committee shall consist of ten to twelve 10 members and that the Committee shall elect a chair and vice-chair; 11 12 WHEREAS, the consulting firm hired by the City facilitates the meetings and the 13 memorial planning process; 14 15 WHEREAS, in order to enable an additional surviving family member to serve on 16 the Committee, the City Council desires to expand the Committee membership to thirteen 17 members; and 18 19 WHREAS, given that the meetings are led by professional facilitators, the election 20 of a chair and vice-chair is not necessary, and removal of the requirement for a chair and 21 vice-chair will help ensure that all Committee members have an equal voice in the 22 memorial planning process; 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 1. That the membership of the Committee is hereby revised to consist of thirteen 28 voting members, with the additional thirteenth member being a surviving family member; 29 and 30 2. That Committee meetings shall be facilitated by the memorial planning 31 consultants, and the Committee is not required to elect a chair or vice-chair. Adopted by the City Council of the City of Virginia Beach, Virginia on the 15 t h day March , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15714 R-2 March 1, 2022 54 ITEM— VI.K.5 ORDINANCES/RESOLUTIONS ITEM#72613 The following registered to speak: Barbara Messner, P.O. Box 514, spoke in OPPOSITION We R Devine, 4204 Link Court, 716-1020, spoke in SUPPORT Susan Loesberg, 1177 Starr Way, Phone: 641-3210, spoke in SUPPORT Jackie Horton, 6132 Edward Street, Phone: 944-1734, spoke in SUPPORT Jay Boone, spoke in SUPPORT JaPharii Jones spoke in SUPPORT Earl Lewis, 815 Liston Lane, Phone: 537-6833, spoke in SUPPORT Gary McCollum, 3901 Meeting House Road, Phone: 708-5987, spoke in SUPPORT Elisheba Harris, 727 Stanwix Square, Phone: 399-9436, spoke in SUPPORT LaTonya Snow, 819 West 35th Street, Phone: 632-5697, spoke in SUPPORT A motion was made by Council Member Wooten, seconded by Council Member Rouse, to ADOPT Resolution to CREATE a Permanent Memorial for DeShayla Harris (Requested by Council Member Wooten) Voting: 2-9(MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Aaron Rouse Sabrina D. Wooten Council Members Voting Nay: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Guy K. Tower and Vice Mayor Rosemary Wilson Council Members Absent: None March 15, 2022 55 ITEM— VI.K.6 ORDINANCES/RESOLUTIONS ITEM#72614 The following registered to speak: Jerome Bell, 3805 Coyote Circle, Phone: 318-1306, spoke in OPPOSITION Barbara Messner, P.O. Box 514, spoke in OPPOSITION Sara Gerloff, 1332 Starling Court, Phone: 425-8599, spoke in OPPOSITION Pat Gadzinski, 2005 Plowshares Court, Phone: 343-4431, spoke in SUPPORT Susan Loesberg, 1177 Starr Way, Phone: 641-3210, spoke in SUPPORT Dr. William Duke, 2032 Grey Fox Lane, Phone: 581-0178, spoke in OPPOSITION Andrew Jackson, spoke in SUPPORT Phillip Van Cleave, 5509 West Bay Court, Midlothian, Phone: 804-874-8235, spoke in OPPOSITION Victoria Nicholls, 1124 Mill Lake Quarter, Phone: 410-0008, spoke in OPPOSITION After discussion, Council Member Wooten made a motion to ADOPT Resolution to CREATE a "Gone too Soon"Memorial(Requested by Council Member Wooten), as there was no second, the motion failed. March 15, 2022 56 ITEM— VLK.7a-q ORDINANCES/RESOLUTIONS ITEM#72615 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to GRANT seventeen(17)Franchise Agreements re outdoor café in the Resort Area: a. Ocean Fifteen,Inc., t/a Mediterranean Grill Cafe re sidewalk(Atlantic to Pacific) café at 1508 Atlantic Avenue b. Virginia George Co., Inc., t/a Dough Boys Cafe re sidewalk(Atlantic to Pacific) café at 1700 Atlantic Avenue c. Beach Convenience, LLC, t/a The Sweet Spot Café re sidewalk(Atlantic to Pacific) café at 1718 Atlantic Avenue d. Young Veterans, LLC, t/a The Bunker Brewpub re sidewalk(Atlantic to Pacific) café Cafe at 211 21st Street e. ARNAV 138 Hotel, LLC, t/a Barclay Towers Cafe re boardwalk café at 809 Atlantic Avenue f La Herradura 4, LLC, t/a La Herradura Café re sidewalk(Atlantic to Pacific) café at 2006 Atlantic Avenue g. Mahi Mah's,LLC, t/a Mahi's Cafe re boardwalk café at 615 Atlantic Avenue h. 3107 Atlantic,LLC, t/a North Beach Bar and Pizza Café re boardwalk café at 3107 Atlantic Avenue i. Osprov Respublik, Inc., t/a Oceanhouse Waterfront Café re boardwalk café at 1905 Atlantic Avenue j. Osprov Respublik, Inc., t/a Johnny Mananas Café re boardwalk café at 2207 Atlantic Avenue k. Atlantic Sands, Inc., t/a Calypso Café re boardwalk café at 1101 Atlantic Avenue 1. Atlantic Enterprises,Inc., t/a Oceanfront Inn Cafe re boardwalk café at 2901 Atlantic Avenue m. Four Sails Timeshare Owners Association, Inc., t/a Katie's at 33rd Street re boardwalk café at 3301 Atlantic Avenue n. Ahata,Inc., t/a Pier 23 Café re sidewalk(Atlantic to Pacific) café at 2224 Atlantic Avenue o. Virginia George Co., Inc., t/a Dough Boys Cafe re sidewalk(Atlantic to Pacific) café at 3224 Atlantic Avenue p. Tampico Enterprises, Inc., t/a Abbey Road Café re sidewalk(Atlantic to Pacific) café at 203 22nd Street q. Luna Sea, Inc., t/a Luna Sea Cafe re sidewalk(Atlantic to Pacific) café at 206 22nd Street March 15, 2022 57 ITEM— VLK.7a-q ORDINANCES/RESOLUTIONS ITEM#72615 (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 March 15, 2022 0.N1A•BF4c City of Virginia Beach \ :: iV t ac 2 t S OF OUR NA10. VBgov.com CELL:(804)398-0070 GUY K.TOWER gtower@vbgov.com COUNCIL MEMBER DISTRICT 6-BEACH March 15, 2022 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the application of Luna Sea, Inc. for a café franchise. 2. The applicant disclosed that Kaufman & Canoles that is one of its legal services providers. 3. I have a personal interest in Kaufman & Canoles, P.C. because I receive income from the firm. Its Virginia Beach location is 2101 Parks Avenue, Suite 700, Virginia Beach, VA 23451. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because I do not personally provide services to the applicant, the Act provides that I may participate in the Council's discussion and vote on this ordinance, upon disclosure of this interest. 5. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. 211 43id STREET,VIRGINIA BEACH,VIRGINIA 23451 Mrs. Amanda Barnes -2- March 15, 2022 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Si rely, Guy . Tower Councilmember GKT/RRI 1 AN ORDINANCE GRANTING SEVENTEEN 2 FRANCHISE AGREEMENTS FOR OUTDOOR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, City Council adopted revised regulations for outdoor café franchises 6 ("Revised Regulations") on October 20, 2020; and 7 8 WHEREAS, the Revised Regulations simplify the outdoor café franchise program 9 and allow more flexibility for outdoor café owners and operators to keep pace with 10 current standards in construction, design and materials; and 11 12 WHEREAS, the City has developed a franchise agreement for the regulation of 13 outdoor cafés, which the grantees are required to execute as a condition of the grant; 14 and 15 16 WHEREAS, the City Council has traditionally granted initial franchises for one- 17 year terms; and 18 19 WHEREAS, if an outdoor café is successfully operated during the initial one- 20 year term, the franchisee may return to Council and request a five-year franchise 21 agreement; and 22 23 WHEREAS, the following seven entities are seeking one-year franchise 24 agreements: (1) Ocean Fifteen, Inc., t/a Mediterranean Grill Café, for operation of a 25 Sidewalk Café; (2) Virginia George Co., Inc., t/a Dough Boys Café, for operation of a 26 Sidewalk Café; (3) Beach Convenience, LLC, t/a The Sweet Spot Café, for operation of 27 a Sidewalk Café; (4) Young Veterans, LLC, t/a The Bunker Brewpub Café, for operation 28 of a Sidewalk Café; (5) ARNAV 138 Hotel, LLC, t/a Barclay Towers Café, for operation 29 of a Boardwalk Café; and (6) La Herradura 4, Inc., t/a La Herradura Café, for operation 30 of a Sidewalk Café; and (7) Mahi Mah's, LLC, t/a Mahi's Café, for operation of a 31 Boardwalk Café. 32 33 WHEREAS, the following ten entities have successfully operated outdoor cafés 34 pursuant to either one-year or five-year franchise agreements, and are seeking 35 franchise agreements for five-year terms: (1) 3107 Atlantic, LLC, t/a North Beach Bar 36 and Pizza Café, for operation of a Boardwalk Café; (2) Osprov Respublik, Inc., t/a 37 Oceanhouse Waterfront Café, for operation of a Boardwalk Café; (3) Osprov Respublik, 38 Inc., t/a Johnny Mananas Café, for operation of a Boardwalk Café; (4) Atlantic Sands, 39 Inc., t/a Calypso Café, for operation of a Boardwalk Café; (5) Atlantic Enterprises, Inc., 40 t/a Oceanfront Inn Café, for operation of a Boardwalk Café; (6) Four Sails Timeshare 41 Owners Association, Inc., t/a Katie's at 33rd Street, for operation of a Boardwalk Café; 42 (7) Ahata, Inc., t/a Pier 23 Café, for operation of a Sidewalk Café; (8) Virginia George 43 Co., Inc., t/a Dough Boys Café, for operation of a Sidewalk Café; (9) Tampico 44 Enterprises, Inc., t/a Abbey Road Café, for operation of a Sidewalk Café; and (10) Luna 45 Sea, Inc., t/a Luna Sea Café, for operation of a Sidewalk Café; and 46 47 WHEREAS, the Office of Resort Management recommends that the above- 48 named entities be granted outdoor café franchise agreements. 49 50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 51 VIRGINIA BEACH: 52 53 That the City Council hereby grants one-year franchise agreements to: (1) Ocean 54 Fifteen, Inc., t/a Mediterranean Grill Café, for operation of a Sidewalk Café; (2) Virginia 55 George Co., Inc., t/a Dough Boys Café, for operation of a Sidewalk Café; (3) Beach 56 Convenience, LLC, t/a The Sweet Spot Café, for operation of a Sidewalk Café; (4) 57 Young Veterans, LLC, t/a The Bunker Brewpub Café, for operation of a Sidewalk Cafe; 58 (5)ARNAV 138 Hotel, LLC, t/a Barclay Towers Café, for operation of a Boardwalk Café; 59 (6) La Herradura 4, Inc., t/a La Herradura Café, for operation of a Sidewalk Café; and 60 (7) Mahi Mah's, LLC, t/a Mahi's Café, for operation of a Boardwalk Café. 61 62 That the City Council hereby grants frve-year franchise agreements to: (1) 3107 63 Atlantic, LLC, t/a North Beach Bar and Pizza Café, for operation of a Boardwalk Café; 64 (2) Osprov Respublik, Inc., t/a Oceanhouse Waterfront Café, for operation of a 65 Boardwalk Café; (3) Osprov Respublik, Inc., t/a Johnny Mananas Café, for operation of 66 a Boardwalk Café; (4) Atlantic Sands, Inc., t/a Calypso Café, for operation of a 67 Boardwalk Café; (5)Atlantic Enterprises, Inc., t/a Oceanfront Inn Café, for operation of a 68 Boardwalk Café; (6) Four Sails Timeshare Owners Association, Inc., t/a Katie's at 33rd 69 Street, for operation of a Boardwalk Café; (7) Ahata, Inc., t/a Pier 23 Café, for operation 70 of a Sidewalk Café; (8) Virginia George Co., Inc., t/a Dough Boys Café, for operation of 71 a Sidewalk Café; (9) Tampico Enterprises, Inc., t/a Abbey Road Cafe, for operation of a 72 Sidewalk Café; and (10) Luna Sea, Inc., I/a Luna Sea Café, for operation of a Sidewalk 73 Café. 74 Adopted by the City Council of Virginia Beach, Virginia on this 15 t hday of March , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Lisa Bleakley ar 8,2022 10 3.` T' Resort Management City Attorney's Office CA15696 R-2 March 1, 2022 58 ITEM— VLK.8 ORDINANCES/RESOLUTIONS ITEM#72616 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to AMEND and REORDAIN Section 10-1 of the City Code re Changing Name of Polling Place from Landstown Community Church to Restoration Church at Landstown 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 March 15, 2022 1 AN ORDINANCE TO AMEND SECTION 10-1 OF 2 THE CITY CODE TO RENAME THE POLLING 3 PLACE FOR THE LANDSTOWN PRECINCT 4 5 SECTIONS AMENDED: § 10-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 Section 10-1 of the City Code are hereby amended and reordained to read as 11 follows: 12 13 Sec. 10-1. Establishment of precincts and polling places. 14 15 There are hereby established in the city the following precincts and their respective 16 polling places, as set forth below: 17 18 Precinct Polling Place 19 20 Alanton Alanton Elementary School 21 Aragona Bayside Sixth Grade Campus 22 Arrowhead Arrowhead Elementary School 23 Avalon Fairfield Elementary School 24 Baker Ebenezer Baptist Church 25 Bayside Bayside Elementary School 26 Bellamy Salem Middle School 27 Blackwater Blackwater Fire Station 28 Bonney Princess Anne High School 29 Brandon Brandon Middle School 30 Brookwood Plaza Annex 31 Buckner Green Run Baptist Church 32 Cape Henry Edgar Cayce's Association for Research and 33 Enlightenment 34 Capps Shop Back Bay Christian Assembly 35 Centerville Centerville Elementary School 36 Chesapeake Beach Bayside Baptist Church 37 Chimney Hill Rosemont Elementary School 38 College Park College Park Elementary School 39 Colonial Colonial Baptist Church 40 Colony Lynnhaven Colony Congregational Church 41 Corporate Landing Corporate Landing Middle School 42 Courthouse Kellam High School 43 Creeds Oak Grove Baptist Church 44 Cromwell Landstown High School 45 Culver Ocean Lakes High School 46 Dahlia Green Run High School 47 Dam Neck Corporate Landing Elementary School 48 Davis Corner Bettie F. Williams Elementary School 49 Eastern Shore Eastern Shore Chapel 50 Edinburgh St. Aidan's Episcopal Church 51 Edwin Kempsville Middle School 52 Fairfield Kempsville Presbyterian Church 53 Foxfire Wave Church (Seaboard location) 54 Glenwood Glenwood Elementary School 55 Great Neck All Saints Episcopal Church 56 Green Run Green Run Elementary School 57 Haygood Haygood United Methodist Church 58 Hillcrest New Castle Elementary School 59 Hilltop Freedom Fellowship Church 60 Holland Holland Elementary School 61 Homestead Providence Presbyterian Church 62 Hunt Princess Anne Recreation Center 63 Independence Windsor Oaks Elementary School 64 Indian Lakes Indian Lakes Elementary School 65 Indian River San Lorenzo Spiritual Center 66 King's Grant King's Grant Elementary School 67 Kingston King's Grant Presbyterian Church 68 Lake Christopher New Covenant Presbyterian Church 69 Lake Joyce Morning Star Baptist Church 70 Lake Smith Bayside Church of Christ 71 Landstown 72 Restoration Church at Landstown 73 Larkspur St. Andrews United Methodist Church 74 Lexington Larkspur Middle School 75 Linkhorn Virginia Beach Community Chapel 76 Little Neck Lynnhaven United Methodist Church 77 London Bridge London Bridge Baptist Church 78 Lynnhaven John B. Dey Elementary School 79 Magic Hollow Virginia Beach Moose Family Center 80 Malibu Malibu Elementary School 81 Manor Providence Elementary School 82 Mt. Trashmore Windsor Woods Elementary School 83 Newtown Good Samaritan Episcopal Church 84 North Beach Galilee Episcopal Church 85 North Landing Hope Haven 86 Ocean Lakes Ocean Lakes Elementary School 87 Ocean Park Bayside Community Recreation Center 88 Oceana The Gathering at Scott Memorial United 89 Methodist Church 90 Old Donation Calvary Baptist Church 91 Pembroke Pembroke Elementary School 92 Pinewood Plaza Middle School 93 Plaza Lynnhaven Elementary School 94 Pleasant Hall Emmanuel Episcopal Church 95 Point O'View Point O'View Elementary School 96 Red Wing Seatack Elementary 97 Rock Lake Salem Elementary School 98 Rosemont Forest Rosemont Forest Elementary School 99 Roundhill Salem High School 100 Rudee W. T. Cooke Elementary School 101 Salem Woods Parkway Elementary School 102 Sandbridge Tabernacle United Methodist Church 103 Seatack Mount Olive Baptist Church 104 Shannon Kempsville Elementary School 105 Shelburne Christopher Farms Elementary School 106 Shell Unity Church of Tidewater 107 Shelton Park Shelton Park Elementary 108 Sherry Park Woodstock Elementary School 109 Sigma Red Mill Elementary School 110 South Beach Museum of Contemporary Art 111 Stratford Chase Kempsville Area Library 112 Strawbridge Strawbridge Elementary School 113 Tallwood Tallwood Elementary School 114 Thalia Thalia Elementary School 115 Thoroughgood Independence Middle School 116 Timberlake White Oaks Elementary School 117 Trantwood Great Neck Baptist Church 118 Upton Three Oaks Elementary School 119 Village Thalia Lynn Baptist Church 120 Windsor Oaks Red Church Steeple 121 Witchduck Bayside Presbyterian Church 122 Wolfsnare Wave Church (Old Donation location) 123 Central Absentee Voter Agriculture/Voter Registrar Building 124 Precinct Adopted by the City Council of the City of Virginia Beach, Virginia, on this 15trday of March , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Voter Registrar -C. tto r ey's Office CA15722 R-1 March 7, 2022 59 ITEM— VLK.9 ORDINANCES/RESOLUTIONS ITEM#72617 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to APPROVE the assignment of the Franchise re operation and maintenance of the Virginia Beach Fishing Pier to VB Fishing Pier, LLC 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 March 15, 2022 1 AN ORDINANCE TO APPROVE THE 2 ASSIGNMENT OF THE FRANCHISE FOR 3 THE OPERATION AND MAINTENANCE OF 4 THE VIRGINIA BEACH FISHING PIER ON 5 CITY PROPERTY AT THE OCEANFRONT 6 TO VB FISHING PIER, LLC 7 8 WHEREAS, the City of Virginia Beach (the "City") owns a portion of the sandy 9 beach located between the Boardwalk and the mean low water line at the Oceanfront 1 o between 14th and 15th Streets; 11 12 WHEREAS, on January 19, 2021, by Ordinance ORD-3649A, City Council 13 approved the franchise agreement between the City and Entertainment, Inc., a Virginia 14 corporation (the "Franchise Agreement"); 15 16 WHEREAS, the Franchise Agreement sets forth the terms, conditions and 17 obligations for the operation of a fishing and entertainment pier (the "Pier"); 18 19 WHEREAS, Entertainment, Inc. is conveying its interest in the Pier to VB Fishing 20 Pier, LLC, a Virginia limited liability company ("VBFP") and now desires to assign the 21 Franchise Agreement to VBFP; 22 23 WHEREAS, Entertainment, Inc. has requested that the City consent to the 24 assignment of the Franchise Agreement; 25 26 WHEREAS, City staff supports the continued operation of the Pier to promote the 27 public interest and enhance the entertainment and enjoyment of the general public at 28 the Oceanfront; and 29 30 WHEREAS, City staff further recommends assignment of the Franchise 31 Agreement, so long as VBFP accepts all the terms, conditions and obligations of 32 Entertainment, Inc. set forth in the Franchise Agreement. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 1 . That the City of Virginia Beach hereby consents to the assignment of the 38 Franchise Agreement between the City of Virginia Beach and Entertainment, Inc. dated 39 July 14, 2021 to VBFP. 40 41 2. That the City Manager or his designee is hereby authorized to execute all 42 documents necessary or appropriate in connection with the said assignment, so long as 43 such documents are acceptable to the City Manager and in a form deemed satisfactory 44 by the City Attorney. 45 Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h day 46 of March , 2022. • APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Lucia 010,b1-/AvvrAw_c Economic Development City Attorney CA15606 \lvbpov.comldfs1lapplk ations1citylavicycom321wpdocs1d003\p040100787132.doc R-1 March 3, 2022 60 ITEM— VI.K.10 ORDINANCES/RESOLUTIONS ITEM#72618 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE the City Manager and City Clerk to place an Advertisement re various Permit and Inspection Fee increases as part of the FY 2022-23 Budget Process Voting: 10-1 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R.Jones, Aaron Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None March 15, 2022 1 RESOLUTION TO AUTHORIZE THE CITY MANAGER AND 2 CITY CLERK TO PLACE AN ADVERTISEMENT FOR 3 VARIOUS PERMIT AND INSPECTION FEE INCREASES AS 4 PART OF THE FY 2022-23 BUDGET PROCESS 5 6 WHEREAS, the City Council has enacted a policy that requires the City Manager 7 or City Clerk to seek the City Council's approval prior to the placement of any tax or fee 8 increase advertisements; 9 10 WHEREAS, the Fiscal Year 2022-23 Operating Budget includes various permit 11 and inspection fee increases to support the Department of Planning in meeting the 12 workload requirements resulting from applicable building codes; 13 14 WHEREAS, the City Council has been provided a list of the proposed fee 15 increases; 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA, THAT: 19 20 The City Manager and City Clerk are hereby authorized to place the necessary 21 advertisements to allow the public to comment upon the proposed fee increases as part 22 of the FY 2022-23 Budget process. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 t h day of March , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tjA2L. C udget an Management Services y Attorney's Office CA15712 R-1 March 3, 2022 61 ITEM— VLK.11a ORDINANCES/RESOLUTIONS ITEM#72619 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property: a. Known as Bass Inlet located at the rear of 2909 Sandpiper Road re construct and maintain a wooden pier and boat lift District 2 (Formerly District 7-Princess Anne) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss,Aaron Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None March 15, 2022 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS BASS INLET, 7 LOCATED AT THE REAR OF 2909 8 SANDPIPER ROAD 9 10 WHEREAS, Stephen L. Adams and Therese A. Adams(the"Adamses") have 11 requested permission to construct and maintain a 32' x 9.5' wooden pier and 13' x 13' boat 12 lift (the "Encroachments") within the City's property known as Bass Inlet (GPIN: 2433-33- 13 0267), located at the rear of the Adamses' property at 2909 Sandpiper Road (GPIN: 2433- 14 34-4826); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Adamses, their heirs, 25 assigns and successors in title are authorized to construct and maintain the 26 Encroachments within the City's property as shown on the map entitled: "EXHIBIT A 27 ENCROACHMENT REQUEST FOR A PIER & BOAT LIFT LOT 81A, SECTION 1, 28 SANDBRIDGE SHORES FOR STEPHEN L. &THERESE A. ADAMS GPIN: 2433-34-4826 29 2909 SANDPIPER ROAD, VIRGINIA BEACH, VA 23456," having a Scale of 1"= 25', dated 30 July 13, 2021, and prepared by Waterfront Consulting Inc., a copy of which is attached 31 hereto as Exhibit A, and on file in the Department of Public Works and to which reference is 32 made for a more particular description; 33 34 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 35 to those terms, conditions and criteria contained in the agreement between the City of 36 Virginia Beach and the Adamses (the "Agreement"), an unexecuted copy of which has 37 been presented to the Council in its agenda, and will be recorded among the records of the 38 Clerk's Office of the Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as the Adamses and the City Manager or his authorized designee execute the 45 Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th 48 day of March , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFI IENCY AND FORM: 14b � Pbu WOR S, REAL ESTATE D EYER SENIOR CI ATTORNEY CA15411 R-1 Prepared: 2/4/2022 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d007\p042\00781066.doc I PROPOSED M e I PARCEL STRIP PIER AND BOAT LIFT 4� pc N/F NORTH BAY 32 0' 07 DEVELOPMENT CO. 1-11 -♦ BASS INLET GPIN: 2433-34-4619 13 D.B. 1136, PG. 392o "' _ N/F CITY OF VIRGINIA BEACH 24.0' o GPIN: 2433-33-026 7 N 32' 1 N 24.0' M.B. 72, PG. 2 11L JIL 11L J IL IL Z -- — --♦---- ,�, -- - µ _0L 80.00 11L �+t_ Ji ��L --I C r__-_______1_ �I� _ s�L __N �l0'34' W'� tv v'. — --- — — — _`n ___ -=-_00- � 11L AIL ____ _ _ ___ ___,.,.....„ ...f__________ LIC N • -A ' DD LOT 81A 00- O N/F STEPHEN L. & THERESE A. ADAMS II PARCELSTRIP GPIN:24333448260000 N/F NORTH BAY N P 2R. I INST:20190214000124080 DEVELOPMENT INST:20190214000124130 CO. ov ~ INST:20170918000797670 I GPIN: 2433-34-3789 Co 0 INST:20190322000230670 z D.B. 1136, PG. 392 LOT 80 E . POOL N/F DANIEL W. & � 4 o PATRICIA F. GRAHAM R1.1 `�� / 1 GPIN:2433-34-4840 l i ; _ 1. • ,i I CD w M.B. 41, PG. 7 :, ! - „C. o w D.B. 4073, PG. 50 �� \� , . , _ . `V � - l\ L • in I (Ni Cr CD CD -J - Dc I 1STYBLK. I Oa � � d- Q No )0r_ c., #2909 � JaN rn m in PC • Q CO OD (4D 00' u �c O O c. p -4DD - -- c^!1 O J �` , � � T.Y I I A,TH OF=n N � � ke �O � � ( I ro �H ' _ FGREGORY 0. MILSTEADo PFIlo ' cc 1,290' TO S 10'48'00" E 80.00' Lic. No. 047323 cr UJ ROCK LANE 7 ,,a Q / SANDPIPER ROAD .o �2 ,�I ww4 0 25' 50 (60 R/W) (M.B. 41, P. 7) ' ,� 6 o jONAL �� 1"=25` 0EXHIBIT A ENCROACHMENT REQUEST FOR A PIER & BOAT LIFT 1� i ; WATERFRONT LOT 81A, SECTION 1, SANDBRIDGE SHORE CONSULTING S INC. FOR 2589 QUALITY COURT, STE. 323 STEPHEN L. & THERESE A. ADAMS VIRGINIA BEACH VA 23454 GPIN: 2433-34-4826 PH: (757)619-7302 2909 SANDPIPER ROAD, VIRGINIA BEACH VA 23456 ENGINEERING SERVICES PROVIDED BY: ' CHESEAPEAKE BAY SITE SOLUTIONS INC. DATE: JULY 13, 2021 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 0 day of rtjul liqkl , 202 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and STEPHEN L. ADAMS and THERESE A. ADAMS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "81A," as shown on that certain plat entitled: "RESUBDIVISION PLAT OF LOT 81 SECTION 1 TRACT C SANDBRIDGE BEACH (MB. 41 , P. 7) AND PORTION OF 10' STRIP SANDBRIDGE SHORES SECTION 1A SOUTH AREA (MB. 72, P. 2) VIRGINIA BEACH, VIRGINIA," Scale: 1" = 30', dated December 15, 2017, prepared by Bonifant Land Surveys, Inc., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20190214000124080, and being further designated, known, and described as 2909 Sandpiper Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a 32' x 9.5' wooden pier and 13' x 13' boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2433-33-0267 (CITY PROPERTY KNOWN AS BASS INLET) 2433-34-4826 (2909 SANDPIPER ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Bass Inlet the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR A PIER & BOAT LIFT LOT 81A, SECTION 1, SANDBRIDGE SHORES FOR STEPHEN L. & THERESE A. ADAMS GPIN: 2433-34-4826 2909 SANDPIPER ROAD, VIRGINIA BEACH, VA 23456," having a Scale of 1" = 25', dated July 13, 2021, and prepared by Waterfront Consulting Inc., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments or encroachments to be removed referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 4 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Stephen L. Adams and Therese A. Adams, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF CITY OF VIRGINIA BEACH to-wit: The foregoing instrument was acknowledged before me this day of , 202_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 202_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 GRANTEE: -, ---P Stephe L. Adams Q. ar(DA-kL,‘.zj Therese A. Adams - STATE OF 17,,v)r.,' CITY/COUNTY OF M_ca.`, JIOL(! to-wit: gr-- The foregoing instru ent was acknowledged before me this,__( / day of , 20? , by Stephen L. Adams , d srese . dams. G � tiw� (SEAL) otary P blic Marva Minerva Miller Notary Public 2,3'26. C / Commonwealth Of VfrolnkReg.+�7737225r,Notary Registration Number: My Commission Expiress5 71/ f Se ,------ My Commission Expires: A/c9-03 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 4 � P BLI WOR /REAL ESTATE D . A EYER SENIOR ITY ATTORNEY 7 PROPOSED M B 47 PARCEL STRIP PIER AND BOAT LIFT ' PG'. N/F NORTH BAY 32.0' �� DEVELOPMENT CO. -- BASS INLET GPIN: 2433-34-4619 M N/F CITY OF VIRGINIA BEACH D.B. 1136, PG. 392 , CD -0 GPIN: 2433-33-0267 24.0 N 32' ! 1 N 24.0' M.B. 72, PG. 2 AIL ` 2 ------ -T--- ---'- - -- i4- 09L4 �!i _ILL i_- _ ----1- Ai�i N �110'34'00'" W-I 'DC - ` __-=-=__- -y _II, -ILIfv ( — .: --------4- — — — — - — • — — — — — ----:-- - -IF—-- -- -- .p ? DD LOT 81A 1 o O N/F STEPHEN L. & THERESE A. ADAMS i PARCEL STRIP CD rn GPIN:24333448260000 N/F NORTH BAY P r,� INST:20190214000124080 ' ? R. j INST:20190214000124130 DEVELOPMENT CO. o MST:20170918000797670 I GPIN: 2433-34-3789 00 o � INST:20190322000230670 D.B. 1136, PG. 392 L 80 NJ '` , EX. POOL z O T N/F DANIEL W. & co . co Wn PATRICIA F. GRAHAM r' `� 1` _ IF\"). >W GPIN:2433-34-4840 oo I 1 4 < . • i v w M.B. 41, PG. 7 . A 1 to - w D.B. 4073, PG. 50 �� - L , . rn 1-�- rn o CL I t � nr\ N �00 n � CL Fc (r) I I F- CN J y � c 1 ' I LK. 0a.N) ' -- Q rn ry cam, #2909 --.1 a d- n _O O (v 03 ►'`) U co � rjo W C, QZ • ? O CD Cr) 00 Po b -t1' �' DZ - �I , (� O LL. H 00-, u) G� .- 1 J orn i v NPZ � i V" OF y ',1 . \ % z PF , 0 o cc PFGREGORY 0. MILSTEAD 1,290 TO 10 48 00 E 80.00' Lic. No. 047323 wROCK LANE ; ,,d L 0 25' SANDPIPER ROAD t 12 121 ww N 50' (60' R/W) (M.B. 41, P. 7) �XSY 11�� N — „ ONA L E O 1 =25 EXHIBIT A ENCROACHMENT REQUEST FOR A PIER & BOAT LIFT '7` 111 P. 0.7 WATERFRONT LOT 81A, SECTION 1, SANDBRIDGE SHORES CONSULTING �. INC. FOR 2589 QUALITY COURT, STE. 323 STEPHEN L. & THERESE A. ADAMS VIRGINIA BEACH VA 23454 GPIN: 2433-34-4826 PH: (757)619-7302 2909 SANDPIPER ROAD, VIRGINIA BEACH VA 23456 ENGINEERING SERVICES PROVIDED BY. ' CHESEAPEAKE BAY SITE SOLUTIONS INC. DATE: JULY 13, 2021 62 ITEM— VI.K.11 b ORDINANCES/RESOLUTIONS ITEM#72620 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property: b. Known as Treasure Canal located at the rear of 2209 Leeward Shore Drive re construct and maintain boat lift, timber pier and rip rap revetment District 8(Formerly District 5-Lynnhaven) 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 March 15, 2022 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO A PORTION OF CITY 5 PROPERTY KNOWN AS TREASURE CANAL LOCATED 6 AT THE REAR OF 2209 LEEWARD SHORE DRIVE 7 8 WHEREAS, Bayne C. Keenan and Amy K. Keenan (the "Applicants")desire 9 to construct and maintain a 14' x 14' boat lift, a 396+/- sq. ft. timber pier, and a rip rap 10 revetment(approximately 120 ft. in length and 5 ft. in width) (the "Encroachments"), at the 11 rear of their property located 2209 Leeward Shore Drive (GPIN 2409-29-1316). The 12 Encroachments would encroach into a portion of City property known as Treasure Canal; 13 and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 24 assigns and successors in title, are authorized to construct and maintain the Temporary 25 Encroachments in the City's property known as Treasure Canal, as shown on the map 26 entitled: "EXHIBIT A ENCROACHMENT EXHIBIT FOR RIP RAP, PIER AND BOAT LIFT 27 FOR BAYNE C. AND AMY K. KEENAN LOT 203A, SECTION 2 BAY ISLAND PLAT: M.B. 28 55, PG 53 DATE COMPLETED: 13 SEPT 21",having a scale of 1" = 30' prepared by 29 Calvert Marine, a copy of which is attached hereto as Exhibit A and on file in the 30 Department of Public Works and to which reference is made for a more particular 31 description; 32 33 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 34 expressly subject to those terms, conditions and criteria contained in the agreement 35 between the City of Virginia Beach and the Applicants (the "Agreement"), an unexecuted 36 copy of which has been presented to the Council in its agenda, and will be recorded among 37 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized 40 designee is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 43 such time as Bayne C. Keenan and Amy K. Keenan and the City Manager or his authorized 44 designee execute the Agreement. 1 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 t h 46 day of March , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: BLI WOR S, REAL ESTATE DANA R. HAR EYER SENIOR CITY ATTORNEY CA15388 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d002\p040\00786359.doc R-1 March 2, 2022 2 Exhibit A Encroachment Exhibit For Rip Rap, Pier and Boat Lift For Bayne C. and Amy K. Keenan LOT 203A, Section 2 Bay Island PLAT: M.B. 55, PG 53 Date Completed: 13 SEPT 21 NEW BOAT LIFT It. x 14.0' 22.02' 98.0' TREASURE CANAL - 120.02' [ NEW RIP RAP (SEE M.B. 48, Pg 15) N80° 56' 01 " W REVETMENT N ° 16" S 10°01 ' 16" W Property Line / 11 ' 01 E 2.15' _ ��✓ — — F��`�,_I ___ 5fr ;IIiI_ Existing Bulkhead D'�� _�a __ to be removed b Siltence Existing Timber as required ° 6 Wharf to be remov d I — / -5 ft. Drainage and ° 1I Utility Easement lt (3 sides) NEW TIMBER 1 �I PIER °I 56' x 5' with I w i 1 I °I 5' x 16' & 6'x 6' Tee • < I Richard A. Simpson I o Brian P. /Amber M. Mooney 2205 Leeward Shore Dr I 2213 Leeward Shore Dr GPIN: GPIN: 2409-29-2332 1 I \ \ P 2409-29-0308 Map Bk 48 Page 15 1 \ \ F Map Bk 48 Page 15 BAYNE C./AMY K. KEENAN 3 a Staging Instrument No. Storage- m o I 20191206001041570 GPIN: pa a 1 I co 0000 I 2409-29-1316 Lot 203A I o 43 y I w - .�,L,TH Op 1 _ li, I to ,5��tti 2209 a �,' 'fir e,1* I d - S 13SEPT21 'j. � - I I GARY A. FRANKS R. �g ,1 0 a I' C Lic. No.52162 z 4....„4„,m O 20' 0' 20' 40' °Z' V I NI i�E�M� ° I ril GRAPHIC SCALEa ° �NAI. 1" = 30'-0" ° a ° 54.11'to Pin Pin (F) — E — . . . ... ... —a.— ...G_____ S 79° 58' 44" E 120.0' < 204'+/- to Spinnaker Circle Leeward Shore Drive (50'R/GHT-OF-WA Y) (M.B. 55, PG. 53) 4SCALVERT AGENT - 3132 RIVEREDGE DR , PORTSMOUTH, VA 23703 MARINE 757.777.6960 Rich@CalvertMarine.net PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BAYNE C. KEENAN and AMY K. KEENAN, THEIR ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 203-A" as shown on that certain plat entitled: "RESUBDIVISION OF lots 201, 202, 203 & 204 BAY ISLAND SECTION-2 PRINCESS ANNE COUNTY, VA. LYNNHAVEN MAGISTERIAL DISTRICT", Scale: 1"=100', dated February 12, 1962, prepared by Frank D. Tarrall, Jr. & Associates. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 55, at page 53, and being further designated, known, and described as 2209 Leeward Shore Drive 23451 ; WHEREAS, it is proposed by the Grantee to construct and maintain a 14' x 14' boat lift, a 396+/- sq. ft. timber pier, and a rip rap revetment (approximately 120' in length and 5' in width), collectively the "Temporary Encroachment", in the City of Virginia Beach; and NO GPIN ASSIGNED (TREASURER CANAL) GPIN 2409-29-1316 (2209 LEEWARD SHORE DRIVE) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT FOR RIP RAP, PIER AND BOAT LIFT FOR BAYNE C. AND AMY K. KEENAN LOT 203A, SECTION 2 BAY ISLAND PLAT: M.B. 55, PG 53", having a scale of 1" = 30', dated September 13, 2021, prepared by Calvert Marine, a copy of which is attached hereto as Exhibit A, to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to 3 the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Bayne C. Keenan and Amy K. Keenan, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 5 (SEAL) ayn C. Keenan, Owner (SEAL)0/1/ Amy K. eenan, Owner MICK STATE OF CITY OF\)\\ W ( , to-wit: The foregoing instrument was acknowledged before me this ' '. da of 9 9 9 Y Jfa , 2022, by Bayne C. Keenan and Amy K. Keenan. IP 4) !" So,to • Notary 'ub i, ASHLEY RENEE HARGROVE Notary Public NotaryRegistration Number: IOC 71 7 Commonwealth Virginia iM 9 Registration # 7770977 ` My Commission Expires May 31,2022 My Commission Expires: , b�( I was commissioned a notary public as Ashley Renee Hargrove. APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 41,11 SI N TURE DANA R. HARMEYER SENIOR CITY ATTORNEY Dtp ‘ C K - Recx1 DEPARTMENT 6 Exhibit A Encroachment Exhibit For Rip Rap, Pier and Boat Lift For Bayne C. and Amy K. Keenan LOT 203A, Section 2 Bay Island PLAT: M.B. 55, PG 53 Date Completed: 13 SEPT 21 NEW BOAT LIFT 14.0' x 14.0' _ 22.02' 98.0' _ TREASURE CANAL 120.02' NEW RIP RAP (SEE M.B. 48, Pg 15) N 80' 56' 01 " W a REVETMENT N 10° 01 ' 16" E S 10°01' 16" W Property Line 2.15' 56' ' — rfisT014104- oram ' 1 1411 imi rvime i�da Existing Bulkhead .. A _ . _ -I to be removed S 6 Silt Fence ExistingTimber as required Wharf to be remov=• - .I / 5 ft. Drainage and i 4 Utility Easement lt NEW TIMBER c9 (3 sides) PIER .1 56' x 5' with tz l i .1 5' x 16' & 6'x 6' Tee QI Richard A. Simpson I Brian P. /Amber M. Mooney 2205 Leeward Shore Dr • ` 1 2213 Leeward Shore Dr GPIN: GPIN: 2409-29-2332 \ \ 2409-29-0308 Map Bk 48 Page 15 I Map Bk 48 Page 15 \ \1 • BAYNE C./AMY K. KEENAN , Staging - O Instrument No. a Storage—I rn 20191206001041570 GP1N: ❑ d z 00 I i 2409-29-1316 Lot 203A a a Og ° c W Cy zm 2209 aS t'Ar 13SEPT21 .D I i ° a I r' •1 a ° I GARY A. I`RANKS JR. ` ,1.z&1 o a CI ` A 6 LAG. No.52162 20' 1. °. Z w0 20' 40 �2� N IT6%!= I a S el GRAPHIC SCALE a I 1ONA. a 1" = 30'—O" 54.11'to PinE A Pin (F) S 79° 58' 44" E 120.0' 204'+/- to Spinnaker Circle Leeward Shore Drive (50'R/GHT-OF-WA Y) (M.B.55,PG. 53) CALVERT AGENT - 3132 RIVEREDGE DR , PORTSMOUTH, VA 23703 MARINE 757.777.6960 Rich@CalvertMarine.net 63 ITEM— VLK.12 ORDINANCES/RESOLUTIONS ITEM#72621 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the Sunset Date to April 5, 2023, re residential parking in the Historic Cavalier Shores Neighborhood 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 March 15, 2022 1 AN ORDINANCE TO EXTEND THE SUNSET DATE OF 2 ARTICLE III, DIVISION 5 OF CHAPTER 21 OF THE CITY 3 CODE PERTAINING TO RESIDENTIAL PERMIT PARKING 4 IN THE HISTORIC CAVALIER SHORES NEIGHBORHOOD 5 6 WHEREAS, the Virginia Department of Historic Resources added the Cavalier 7 Shores Historic District, which is comprised of the Cavalier Shores neighborhood, to the 8 Virginia Landmarks Register, noting: 9 10 The Cavalier Shores Historic District in Virginia Beach began in 1927 as a 11 housing development sponsored by the city's now-iconic Cavalier Hotel, 12 which opened that same year. While the neighborhood's direct link to the 13 hotel has since faded, a brick promenade leading to a gate to the hotel 14 grounds recalls the earlier connection. Cavalier Shores is an example of 15 coastal suburban development during the first half of the 20th century. Its 16 dense housing dating to the era indicates the neighborhood's early 17 popularity and subsequent growth. Its seven blocks of houses are 18 predominated by Colonial Revival style designs, with Tudor Revival and 19 Minimal Traditional. Lining the neighborhood's alleyways are a complement 20 of rear garages and guesthouses, the latter a common feature of coastal 21 developments of the era. The district also conveys a sense of beautification 22 and landscaping, a defining aspect of the neighborhood since the 1920s. 23 Most of the district's lots were developed by the late 1960s. Today, Cavalier 24 Shores is a rare collection of early-20th century residential architecture in 25 Virginia Beach. 26 27 WHEREAS, the Cavalier Shores Historic District also is listed in the National 28 Register of Historic Places; 29 30 WHEREAS, as noted by the Virginia Department of Historic Resources, Cavalier 31 Shores is a unique area that consists of"dense housing" dating to an era when driveways 32 were less common, and current residents of Cavalier Shores require on-street parking for 33 their vehicles; 34 35 WHEREAS, the ability of the residents to park their vehicles on the street adjacent 36 to or near their homes has been severely impacted as a result of the multi-year 37 construction associated with the Cavalier Hotel project; 38 39 WHEREAS, the City Council desires to address the unique needs of this historic 40 neighborhood during the time of construction by extending for another year the one-year 41 temporary pilot program it previously established—separate and apart from the current 42 Residential Parking Permit Program—to continue to address the parking needs of 43 Cavalier Shores residents. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 46 OF VIRGINIA BEACH, VIRGINIA: 47 48 That Article III, Division 5 of Chapter 21 shall continue to provide as follows: 49 50 DIVISION 5. — Cavalier Shores Residential Permit Parking Pilot Program 51 52 Sec. 21-381. - Objectives. 53 54 This Division is adopted as a temporary pilot program in order to mitigate traffic 55 congestion and parking scarcity on public streets within the Cavalier Shores 56 neighborhood adjacent to an ongoing construction project. 57 58 Sec. 21-382. - Definitions. 59 60 As used in this Division: 61 62 (a) Motor Vehicle shall have the meaning set forth in § 46.2-100 of the State Code, 63 and shall also include mopeds and motorcycles, as defined therein. 64 65 (b) Cavalier Shores Neighborhood refers to all on-street parking on the south side 66 of 45th Street; the alley between 45th Street and 44th Street; both sides of 44th, 67 43rd '/2, 43rd, and 42nd '/2 Streets; the north side of 42nd Street; the alley that 68 runs parallel to the west side of Atlantic Avenue from Cavalier Drive to 45th 69 Street; and the north side of Cavalier Drive between Holly Road and Atlantic 70 Avenue. 71 72 Sec. 21-383. - Parking restrictions. 73 74 (a) It shall be unlawful for any person to park or otherwise leave unattended any all- 75 terrain vehicle, bicycle, electric personal assistive mobility device, electric power- 76 assisted bicycle, electric-powered wheeled device, gas-powered wheeled device, 77 low-speed vehicle, moped or similar wheeled device on any street in the Cavalier 78 Shores Neighborhood. 79 (b) It shall be unlawful for any person to park a motor vehicle on any street in the Cavalier 80 Shores neighborhood, where notice of these restrictions have been conspicuously 81 posted in accordance with this division, for longer than a four-hour period in any day 82 unless there is affixed to the driver's side exterior surface of the windshield of such 83 motor vehicle a valid residential parking permit or a temporary guest pass as 84 authorized by subsection 21-354(b) hanging from the rearview mirror. 85 Sec. 21-384. - Permits generally. 86 87 The City Treasurer or the city's parking management office shall issue residential parking 88 permits pursuant to this division in accordance with the procedures set forth in section 89 21-354. However, no permit shall be issued pursuant to this section for employee parking 90 in the Cavalier Shores Neighborhood. 91 92 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 93 VIRGINIA BEACH, VIRGINIA: 94 95 That the effective date of this ordinance shall be April 5, 2022, and that, absent 96 additional action by the City Council to the contrary, this ordinance shall automatically 97 sunset and expire on April 5, 2023. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 1 5 t h day of March , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Economic Development City Attorney's Office CA15716 R-1 March 1, 2022 64 ITEM— VLK.13 ORDINANCES/RESOLUTIONS ITEM#72622 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT $15,604 from the Virginia Aquarium Foundation and APPROPRIATE to Capital Project #100463, "Virginia Renewal and Replacement III,"re refurbish the Ray Touch Pool Exhibit 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 March 15, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $15,604 FROM THE VIRGINIA AQUARIUM 3 FOUNDATION FOR THE REFURBISHMENT OF THE 4 RAY TOUCH POOL EXHIBIT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $15,604 is hereby accepted from the Virginia Aquarium Foundation and 10 appropriated to Capital Project #100463, "Virginia Aquarium Renewal and Replacement 11 III," to refurbish the Virginia Aquarium's Ray Touch Pool Exhibit. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of March , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ik.-- ) -3`--\ 13-ik.ti X,d,k,,k..:C udget and Management Services ' y ney's Office CA15717 R-1 March 2, 2022 65 ITEM— VI.L.1 PLANNING ITEM#72623 The following registered to speak: Scott Brunte, Applicant, spoke in SUPPORT Tammie Mullins Rice, President—Seatack Civic League, 1010 Barnaca Court, Phone: 630-7097, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED,AS MODIFIED,Application of 1252 JENSEN,LLC for a Conditional Use Permit re bulk storage yard&Modification of Proffers at 1252 Jensen Drive and a portion of 1228 Jensen Drive District 6(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 1252 JENSEN, LLC for a Conditional Use Permit re bulk storage yard & Modification of Proffers at 1252 Jensen Drive and a portion of 1228 Jensen Drive (GPINs 24173267690006, Portion of 24173267690000) District 6(Formerly District 6—Beach) The following conditions shall be required: CONDITIONAL USE PERMIT 1. 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. 2. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all lighting fixtures mounted on buildings and poles as well as the listing of lamp type, wattage,and type offixture.Lighting shall overlap and be uniform throughout the parking area.All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non-business hours. 3. Any additional lighting added to the site shall be directed to the interior of the site and away from adjacent residential homes. 4. Light fixtures may remain on at any time,provided that the source of the light is shielded to not be visible from the property lines of adjacent properties and that the light be contained on the subject property 5. The equipment storage yard shall be enclosed with Category VI landscape screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach, and including a minimum six-foot tall fence. March 15, 2022 66 ITEM— VLL.1 PLANNING ITEM#72623 (Continued) 6. Signage on the site must be in accordance with sign regulations outlined in the Zoning Ordinance. 7. Any freestanding signs shall be limited to a maximum height of eight feet with materials that relate to those used on the exterior of the building. 8. In addition to required Category VI landscape screening for the Bulk Storage Yard, a minimum twenty-five(25)-foot wide area of existing mature vegetation that presently exists along the southern edge of the property shall be retained and maintained to additionally buffer this development from residential properties located on Beautiful Street. 9. Delivery trucks shall access the site from Jensen Drive rather than from South Birdneck Road. 10. Prior to operating on the site, proof of compliance with the Navy Restrictive Easement shall be provided to City Staff. 11. The area used for the outdoor bulk storage yard shall be gravel or as otherwise approved by the Development Services Center during site plan review. MODIFICATION OF PROFFERS An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15th day of March 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 March 15, 2022 o � 6, LAI& ,,, u_ 8 e _\ ° ! / Q 1 - NIL •N. , p\. Ln 0 IPPQ t , _ /0-, ,\ t ,, 0 to, .,,a1....____: Q-V) 3 O * (C4 s i e° '' >',/\K;\ (1 .1.' . Lff- .L7 in ICI ..' \ /*,,, s,v -ex - ' ---4- -ti I Tr ,- s © 0;. O '\�1' in 9 \ 0 N cn +il► s 0 4. 8 QC O d to-0 \ . d• O0 o I' • i) e,\ • 0 _ I � r- gibs\ ) o a, .i,, •r4 . 4,;(46, .( • it. 0,\\CL % s q it,6 1 _< ‘ 1,0 , i ____4.---1.- a) CNI e .C)* Gi cli d m� 'Ctj►r- N oil B .. — o0 ' 144 • ..O C) 44" f:: a RI., \ C11) a _c© —lirr -- cu 6, ,P acu L\ \ N CIS G, I o � i:C-e-i > , -----6 i El CD , -_-_\ 1 C' ".. Is Sp_ ih --------— a) { ❑ ti a '1 0 0 1 --) �1 Ct 0 1 Ln � tLJ 0 t ''\ tI1 11) I\ Prepared by: John W.Richardson,Esq.(VSB 16079) 200 Bendix Road,Suite 300 Virginia Beach,VA 23452 1252 JENSEN,LLC, a Virginia limited liability company TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia GPIN NO. 2417-32-6769-0006 and 2417-32-6769-0000 MODIFICATION OF PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS THIS MODIFICATION AGREEMENT is made this 12th day of January, 2022, by and between 1252 JENSEN, LLC, a Virginia limited liability company ("Applicant"), for recording purposes Grantor; and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia(the "City"), for recording purposes Grantee. WITNESSETH: WHEREAS, Applicant is the owner of a certain parcel of property located at 1252 Jensen Drive in the City of Virginia Beach, Virginia(the "Property"), as more particularly described on Exhibit A attached hereto and made a part hereof, having acquired said Property by deed dated July 1, 2021 from Chesapeake Atlantic, LLC, a Virginia limited liability company ("Previous Owner"), recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia(the "Clerk's Office") as Instrument No. 202103062970; and WHEREAS, the Property was previously subjected to those certain proffered covenants, restrictions and conditions dated May 17, 2006, recorded in the Clerk's Office as Instrument No. 20061031001650980("Original Proffers")and those certain proffered covenants,restrictions and conditions dated November 16, 2010, recorded in the Clerk's Office as Instrument No. 20110118000055120 ("2011 Proffers"), both filed in connection with a Conditional Change of Zoning District Classification of the Property from R-10 Residential District and I-1 Light 1 Industrial District to Conditional I-1 Light Industrial District and having been filed by the Previous Owner of the Property;and WHEREAS, the Original Proffers and the 2011 Proffers are hereinafter collectively referred to as the"Proffers");and WHEREAS,the Applicant has filed an application for Conditional Use Permit addressed to the City which is required for the use of the Property as an office/warehouse/bulk storage yard; and WHEREAS, as a part of the sale of the Acquired Parcel, the Applicant has agreed to subject the Property(specifically including the Acquired Parcel)to the Proffers,as amended from time to time;and WHEREAS, the City'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 Applicant acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Applicant's use of the Property is zoned;and WHEREAS,the Applicant has voluntarily proffered,in writing,in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development,operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the conditional rezoning and the need for which is generated by the conditional rezoning. NOW, THEREFORE, the Applicant, for itself, its successors, representatives, assigns, grantees and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning,rezoning, site plan,building permit,or subdivision approval,hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property, and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the 2 Property and upon all parties and persons claiming under or through the Applicant,their successors and assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be landscaped substantially as shown on the exhibit entitled "Conceptual Layout of Solid Structures Headquarters Being Unit 6, Owl's Creek Commerce Center II" prepared by WPL, Civil Engineers, Land Surveyors, Land Planners and Landscape Architects,dated December 16,2021,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the "Landscape Plan"). 2. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Conceptual Layout of Solid Structures Headquarters Being Unit 6, Owl's Creek Commerce Center II" prepared by WPL, Civil Engineers, Land Surveyors,Land Planners and Landscape Architects, dated December 16,2021,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the "Layout Plan"). 3. When the Property is developed, the elevations, architectural design, building materials, appearance and height shall be substantially as shown on the renderings and elevations submitted on December 9, 2021 prepared by Solid Structures, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the`Building Elevations"). 4. The use of the Property shall be only office/warehouse/bulk storage yard. 5. The Grantor will erect and maintain a fence of not less than six feet in height on the south side of the Property so as to completely enclose the portion of the Property to be used for bulk storage. 6. All outdoor lighting on the Property shall be shielded to direct lights and glare onto the Property and focused away from adjoining properties. 7. The hours of operation of the office/warehouse/bulk storage yard facility will be between the hours of 6:00 o'clock a.m. and 9:00 o'clock p.m. daily. 8. Dumpster service on the Property is only allowed between the hours of 8:00 o'clock a.m. and 6:00 o'clock p.m. 9. No mechanical equipment shall be located on the roof of the building(s). 10. All stormwater management facilities, including swales, must be maintained by the property owner. 11. These proffers shall supercede the proffers previously recorded in the Clerk's Office as Instrument No. 20061031001650980 and 20110118000055120. 3 12. 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 Applicant and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning 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, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Applicant covenants and agrees that: 1. The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia,to administer and enforce the foregoing conditions and restrictions,including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Applicant and Owner shall petition to the governing body for the review thereof prior to instituting proceedings in court; and 4 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office and indexed in the names of the Grantors and the Grantee. [ SIGNATURES ON FOLLOWING PAGE] 5 WITNESS the following signature and seal: APPLICANT/GRANTOR: 1252 JENSEN, LLC, a Virginia limited liability company By: Name: colt Prunty, Member/Manager COMMONWEALTH OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: ,I,t The fore oing instrument was sworn to, subscribed and acknowledged before me this —dayof i,MwAl , 2022,by Scott Prunty, as Member/Manager, of 1252 Jensen, LLC, a Virginia limited liability company, on its behalf. The said Scott Prunty is impersonally known to me, or has produced M IA— for identification purposes. Y PUBLIC My Commission Expires: 3I ), ( -a My Registration Number: .)' o'?4'4 SANDRI . 'NMKSON NOTAfti SANDRA JACKSON � '='` ;<UC NOTARY PUBLIC COMMONWEAL:'x, P31NIA COM�IK��TH(�V14 MY COMMISSION E 4.4,0:-•:,'112021 MY COMMISSION EXPIRE43 331/2022 6 EXHIBIT A LEGAL DESCRIPTION Expanded and Amended Unit 6, 2.669 Acres, in Owl's Creek Commerce Center II, a Commercial Condominium, Phase 1, located in the City of Virginia Beach, Virginia (hereinafter the "Condominium"), according to the Declaration recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") in Deed Book 4209, Page 2051, amended by Deed Book 4316, Page 1627, Instrument No. 20160201000078110 and Instrument No. 20170720000609020, and as may be hereinafter further amended, and in the related Bylaws recorded in Deed Book 4209, Page 2087, together with the undivided interest in the common elements appertaining to each unit, and the rights, privileges and appurtenances thereto belonging as declared in and shown in the Declaration, and as shown on the plat of condominium recorded as Instrument No. 20170720000609520, as amended. 7 67 ITEM— VLL.2 PLANNING ITEM#72624 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of WHITNEY TRIPLIN-PASS/JAMES PASS & WHITNEY TRIPLIN-PASS for a Conditional Use Permit re family day-care at 952 Timberlake Drive District 1 (Formerly District 2—Kempsville) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA WHITNEY TRIPLIN-PASS/JAMES PASS & WHITNEY TRIPLIN- PASS for a Conditional Use Permit re family day-care at 952 Timberlake Drive District 1 (Formerly District 2—Kempsville) (GPIN 1476211890) District 1 (Formerly District 2—Kempsville) The following conditions shall be required: 1. The Family Day-Care Home shall only operate as an accessory use to the single-family residence. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The Family Day-Care Home shall have no more than one (1) additional employee/volunteer, who does not reside in the home, or on the premises at any time. 4. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 5. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license will result in revocation of the Family Day-Care Home Conditional Use Permit. 6. The arrival and departure times shall be staggered to avoid vehicular congestion. 7. When the Family Day-Care Home is not open for business, all play equipment associated with the daycare shall be located behind the front facade of the house. 8. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 9. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. March 15, 2022 68 ITEM— VLL.2 PLANNING ITEM#72624 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15th day of March 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 March 15, 2022 .,14,_y , LI gi K) 0 ,sc\ , !� 0 ,,, \ \i, :3li :,\4.,440,,..40, .„4/ cn o --,.- 0 a r �t N O ��` ,a o o piaco te. ,' ° 404, . 10///? CN O � I ‘- Na ,/ o o, 4K2 O !-/ o 0 C44/31 oiq /4/0 .,_AO. ' •7 4 , /Pi& ' 0 / 7 0 F„,Q , C o / H __ ' 2 '\? /'---,,/ - o ' , 4, ----0 '0 ,ofr a CU ti.)2 /40 41Cteif,,,- -N/A 1/411.1#1‘ ' '° b°.�a = N CI4 4:1/ - i ://` -4 // 1.4 /'/, 'C:, ' .,;0 / a ; �9iti - 44 ift,./ c? ,/ / , ?'/ •//404:40 Q 13 (0', �lij ,o/ , / __ /4 , __„, ,_ 0 0 ..„ - - 'a ® N /ow g o� i0 \O, _„ '/ / ), a gs) / o -t m m Q a - O g '5/i/_ a' ° 2 a 0 - 69 ITEM— VI.L.3 PLANNING ITEM#72625 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of N3 PROPERTY ADVISORS/VIRGINIA BEACH INVESTMENT COMPANY, LLC for a Conditional Use Permit re automobile repair garage at 6213 Indian River Road District 1 (Formerly District 1—Centerville) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA N3 PROPERTY ADVISORS / VIRGINIA BEACH INVESTMENT COMPANY, LLC for a Conditional Use Permit re automobile repair garage at 6213 Indian River Road (GPIN 1456336782) DISTRICT 1 (Formerly District 1 - Centerville) The following conditions shall be required: 1. The site shall be developed and maintained substantially in conformance with the submitted site layout entitled "CONCEPT PLAN OF 6213 INDIAN RIVER ROAD,"dated January 11, 2022, and prepared by NDI Engineering Company, Basgier and Associates Division. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 2. The design, size, and materials of the building shall be substantially in adherence, with the submitted elevation exhibits entitled "Strickland Brothers"dated November 22, 2021, and prepared by FRANZ Architects, Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning& Community Development. 3. The dumpster shall be enclosed by a wall on three sides, constructed of materials that match the building, not less than six(6)feet in height, and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 4. Development on this site shall be limited to no more than one use at a time unless a modification of this Conditional Use Permit is granted by City Council. 5. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 6. No motor vehicle repair work shall take place outside of the building. 7. No motor vehicles shall be parked within any portion of the public right-of-way. 8. There shall be no outdoor storage of equipment,parts, tires, or materials. March 15, 2022 70 ITEM— VLL.3 PLANNING ITEM#72625 (Continued) 9. All on-site 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. 10. There shall be no portable or nonstructural signs or electronic display signs on the site. 11. All outdoor lights shall be shielded to direct light and glare onto the premises,said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15`h day of March 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 March 15, 2022 / ,,, , '� \\ J Li, / eN,,, 4,, NNN,R1-9,\NN / lki LD IR-1.0. D 0 ic ' 0 N N ,,,___. NN., N B % a) / _________ oJim* ___„- -----------„A":#...„bi ON isz11111, _____"3 csji, ti 'dP \:: \ T5 . A 1'8 ty Oi i� V /LI al RI G0- oe Q �\\, B2 / 'N-N "7*--44,, ,,� a I—T R�1f0__ k �,��., a� O 0 O L '-k- 7-- -0/0-, , .c ,/ o0 0 9 E3,2 .Q, '''''N NNN, a g CL !'o•o B2 Z 0 / NN-N 'N'N-N ------_,ce ib 7-77_,_ --________ -416- — 1/1 NN NNNN II .vIdene:Rd A1 8NN N ___, h. ' \fr3\06 i� , ' /7 ,,, '--`--\ B2 // / // / �� Site w'4 i _ N3 Property Advisors, LLC ,� 1 Property Polygons 6213 Indian River Road S Zoning Building - �� Feet 0 30 60 120 180 240 300 360 71 ITEM— VI.L.4 PLANNING ITEM#72626 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of NMP-C4 FAIRFIELD S/C,LLC for a Conditional Use Permit re mini-warehouse at 5312 Fairfield Shopping Center District 3 (Formerly District 2 — Kempsville) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA NMP-C4 FAIRFIELD S/C,LLC for a Conditional Use Permit re mini- warehouse at 5312 Fairfield Shopping Center (GPIN 1466449952) DISTRICT 3 (Formerly District 2-Kempsville) The following conditions shall be required: 1. When the property is developed, it shall be in substantial conformance with the concept plan entitled "Fairfield Shopping Center — Storage Site Exhibit", dated November 22, 2021, and prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. 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 issuance of a Certificate of Occupancy and shall be developed in substantial conformance with the landscape plan entitled "Fairfield Shopping Center Landscaping Plan", dated January 03, 2022, ad prepared by Painted Fern Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size, materials to the submitted elevations entitled "Exterior Rendering,"dated September 08, 2021, and prepared by DDA Architecture, with the exception that no illuminated building sign shall be permitted on the west elevation of the structure.Said which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. The color of the EIFS shall be a neutral and/or earth tone. 4. All signage shall be externally lit and no neon lighting visible from any adjoining property shall be permitted to be placed on the Property. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 5. All exterior lighting (as identified on the exhibit entitled "Fairfield Shopping Center — Storage Photometrics Plan,"dated January 04, 2022, and prepared by MSA, P.C.) shall be low intensity and residential in character. All other exterior lighting on the property shall also be building mounted or ground level lighting which is not directly visible from the(main road)/According to Section 237 of the City Zoning Ordinance, all outdoor lights March 15, 2022 72 ITEM— VLL.4 PLANNING ITEM#72626 (Continued) 6. shall be shielded to direct light and glare onto the mini-warehouse premises;said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 7. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building. 8. The storage units shall be used only for storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings,or any other purpose not consistent with the storage of goods. 9. There shall be no exterior(outside)storage of motorized vehicles on the property. 10. Should any additional site area be required during final site plan review to accommodate stormwater management facilities and/or other standard code requirements, that site area shall be provided through a reduction in mini-warehouse building area, and not through the elimination of depicted office components of any buildings constructed on site, or through the reduction of setbacks or landscaped open space. 11. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on the sliding gate surrounding the loading zone. 12. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9)of the Zoning Ordinance. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia,on the 15th day of March 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 March 15, 2022 R7.,5Mr ft / - , iiiii iiik GA12 '` �— �, iiiir ____ r / i, _____, / __________ itki / __________J CD W / r aNi ' , — 11.11111%, .,2:::] ' c vit____C1261 B2 olk iricrio-----------__ -4 Can _e o R10 0 111 / . B2B1 ,,, G N Site W-4 i.E i, NMP-C4 Fairfield S/C, LLC `') Property Polygons 5312 Fairfield Shopping Center s Zoning Buildingmnium=Feet 0 2040 80 120 160 200 240 73 ITEM— VI.L.5 PLANNING ITEM#72627 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of DANIELLE GOOD & CYNTHIA SCHOTT/ BYLER LAKES,LLCfor a Conditional Use Permit re tattoo parlor at 522 South Independence Boulevard District 3 (Formerly District 3—Rose Hall) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA DANIELLE GOOD& CYNTHIA SCHOTT/BYLER LAKES,LL C for a Conditional Use Permit re tattoo parlor at 522 South Independence Boulevard (GPIN 1476781796) District 3 (Formerly District 3 — Rose Hall) The following conditions shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up.No other tattooing shall be permitted. 3. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors.A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia,on the 15th day of March 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 March 15, 2022 74 ITEM— VLL.6 PLANNING ITEM#72628 The following registered to speak: Alliena Westleigh, Applicant, 4512 Whitechapel Court, Phone:343-5185, spoke in SUPPORT Barbara Messner, P.O. Box 514, spoke in OPPOSITION Upon motion by Council Member Moss, seconded by Council Member Branch, City Council APPROVED, AS CONDITIONED,AS AMENDED, Application of ALLIENA WESTLEIGH/ALVIN& CYNTHL4 ALLIE-WESTLEIGH for a Conditional Use Permit re residential kennel at 4512 Whitechapel Court District 9(Formerly District 4—Bayside) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ALLIENA WESTLEIGH/AL VIN& CYNTHIA ALLIE-WESTLEIGH for a Conditional Use Permit re residential kennel at 4512 Whitechapel Court(GPIN 1478621197)District 9(Formerly District 4—Bayside) The following conditions shall be required: 1. This Conditional Use Permit shall be limited to a maximum of ten (10)adult dogs.At any such time if any of the dogs covered by this Conditional Use Permit are removed from this property for any reason, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). The applicant may keep up to four dogs as allowed by the Zoning Ordinance without a Conditional Use Permit. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a daily basis. 3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. There shall be no breeding of dogs on the site. 5. No more than four(4)dogs shall be permitted to be outdoors at one time and the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. March 15, 2022 75 ITEM— VLL.6 PLANNING ITEM#72628 (Continued) 6. The applicant shall annually submit a letter to the Zoning Administrator indicating the number of dogs associated with this Conditional Use Permit that are on the property until such time that the number of dogs are four or lower, as permitted by the Zoning Ordinance. An administrative review shall be performed by the Department of Planning one (1)year from City Council approval to determine if the Conditional Use Permit remains active. This determination shall be based on the information provided in the letter noted above and by site inspection, if necessary. If the applicant has been unable to relocate any of the dogs above the maximum number of four (4), the Planning Director may extend the Conditional Use Permit in one(1)year increments, subject to Section 221(k) of the Zoning Ordinance. 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 March 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 March 15, 2022 P1 N. ,(9111:11- / / , „NNNN, i B2 132 410# N qN). — %/. ti r '' '/ 4P /B24 0 11 \ %I, O. 01 NN,N °. /\ NN \''' ,. N , Nam, i, Site W - E Danielle Good & Cynthia Schott '4V. Property Polygons 522 S Independence Boulevard S Zoning Building - INNEN. ii. Feet 0 30 60 120 180 240 300 360 74 ITEM— VLL.6 PLANNING ITEM#72628 The following registered to speak: Alliena Westleigh,Applicant, 4512 Whitechapel Court, Phone: 343-5185, spoke in SUPPORT Barbara Messner, P.O. Box 514, spoke in OPPOSITION Upon motion by Council Member Moss, seconded by Council Member Branch, City Council APPROVED, AS CONDITIONED,AS AMENDED,Application of ALLIENA WESTLEIGH/ALVIN& CYNTHIA ALLIE-WESTLEIGH for a Conditional Use Permit re residential kennel at 4512 Whitechapel Court District 9(Formerly District 4—Bayside) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ALLIENA WESTLEIGH/ALVIN& CYNTHIA ALLIE-WESTLEIGH for a Conditional Use Permit re residential kennel at 4512 Whitechapel Court(GPIN 1478621197)District 9(Formerly District 4—Bayside) The following conditions shall be required: 1. This Conditional Use Permit shall be limited to a maximum of ten (10)adult dogs.At any such time if any of the dogs covered by this Conditional Use Permit are removed from this property for any reason, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). The applicant may keep up to four dogs as allowed by the Zoning Ordinance without a Conditional Use Permit. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a daily basis. 3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. se er,, it r th,, n„ identi l r enn„b There shall be no breeding of dogs on the site. 5. No more than four(4)dogs shall be permitted to be outdoors at one time and the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. March 15, 2022 75 ITEM— VLL.6 PLANNING ITEM#72628 (Continued) 6. The applicant shall annually submit a letter to the Zoning Administrator indicating the number of dogs associated with this Conditional Use Permit that are on the property until such time that the number of dogs are four or lower, as permitted by the Zoning Ordinance. An administrative review shall be performed by the Department of Planning one (1)year from City Council approval to determine if the Conditional Use Permit remains active. This determination shall be based on the information provided in the letter noted above and by site inspection, if necessary. lithe applicant has been unable to relocate any of the dogs above the maximum number of four (4), the Planning Director may extend the Conditional Use Permit in one(1)year increments,subject to Section 221(k)of the Zoning Ordinance. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15th day of March 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 March 15, 2022 76 ITEM— VLL.7 PLANNING ITEM#72629 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of TAN DANG/REGENCY HILLTOP ASSOCIATES for a Conditional Use Permit re tattoo parlor at 1940 Laskin Road, Suite 311 District 6(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA TAN DANG/REGENCY HILLTOP ASSOCLATES for a Conditional Use Permit re tattoo parlor at 1940 Laskin Road, Suite 311 (GPIN 2407387103)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 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. All signage on the site shall be in accordance with the sign regulations of the Zoning Ordinance and all signage on the door and windows of this unit, Suite 311, shall be removed unless deemed in compliance with the Zoning Ordinance. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15th day of March 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 March 15, 2022 „c)A;;„ f____e,_L, tcl .Q\C4--t\\%-'''`61 ' a, v u_ 0 5 <'''/E (- -. -1-- Dtr'>' \ ' ' --' \tr:A \CYfE) *4jek ', , .,Nw , L47--, L±, ....... ,t7J\ it ,,( .0: ---‘ ,-ocz,t5x.xite.._____iw_r _. z i., . - I Lr) • > , err .. e, , Ca C7 (ID oVir/, , ,/,____ 1 1.0 an , c\\‘,,,\,\_---4s.,-)\,-\vw c ,--). . . .() -' 6-1-11Qa lit \ 6- 0* \\))----/0 Cul . 1 Lc) Qi ,2—1 ---7— , ts ,e ,.' i (3 •Is \ corz L /O\ 10 S . — *5, .fx in 0 n 0 ,&3 0 °,..,, , \to,,,,--r\ , ,F4 co N., o ' c5. , 0„,,P\ -\".c . Ji/‘\\-`0 \ u , is ,,,) 0 -6,6 - -ov- "-' , --D \ o' °--c-- ° I 'N -, /C„ , .6 .-----° ” °, i \ 0 —\11) D 0,-13 la r`. „ .7i- 0 ill 7% -- • -A ///<\,0 . ---- iir 0 c r ! 1 E].' -0 -ta_i ' Tc En O -c& _ a ErD I`\- 1 ,i OCR —0IA --�, D\ aQ0 -tk- _ L ,_ ialso __do, --V>', = , ,, L.—, 1 _lex./ k_______ ,D, c`N C., (\ \.))'-(Cj & ; L5 gl. sio, E 0 u ___ )6 () . .. _I id_ro ars,. 1 r:,..., . - 0 \ 0 0. 4c3-6 /-4-i) [3 a 'sx#i -- - " D4, r)" f t 1m1 % , LM __it__„,, " QtO �4NNtt. - /<-:- Avila \ - ' 0 I .7----ca c_fx_r cn co 4i11 \ N Qw = y 03 0 : * -i'S'i/ , spritiirocONS 1 c, !Ii 419 c a- �►♦ .ire o I .1_) Ice T IL._ g Q N ---\—03 1CSIDN ° b' 1, in 4* at i� N 1 �� i �1 m 'I , N:\ - -ate 0 C W -- ____: 0 -�_ a - 0 ...0 _ ul r-, \ , ______ ----___. pi -7 i. ______-, a o - �� c O N N -7 ci; Si 00 1 \ - ith O 0) 416A ***0 C], t a) c a ' 0: a) 0 c •- -C° °U q\"\ r coEl 1,` S Q 76 ITEM— VLL.7 PLANNING ITEM#72629 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of TAN DANG/REGENCY HILLTOP ASSOCIATES for a Conditional Use Permit re tattoo parlor at 1940 Laskin Road, Suite 311 District 6(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA TAN DANG/REGENCY HILLTOP ASSOCIATES for a Conditional Use Permit re tattoo parlor at 1940 Laskin Road, Suite 311 (GPIN 2407387103)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 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. All signage on the site shall be in accordance with the sign regulations of the Zoning Ordinance and all signage on the door and windows of this unit, Suite 311, shall be removed unless deemed in compliance with the Zoning Ordinance. This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 151h day of March 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 March 15, 2022 77 ITEM— VI.L.8 PLANNING ITEM#72630 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of C AND C DEVELOPMENT COMPANY,INC.for a Conditional Use Permit re short term rentals at 50122nd Street, Units A&B District 6(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA C AND C DEVELOPMENT COMPANY, INC.for a Conditional Use Permit re short term rentals at 501 22nd Street, Units A & B (GPIN 24179896550000)District 6(Formerly District 6—Beach) The following conditions shall be required: 1. The property shall obtain all necessary building permits and Certificate of Occupancy for the residential dwelling units prior to the operation of the Short Rental Use. 2. The following conditions shall only apply to the dwelling unit addressed as 501 22nd Street, Unit A and Unit B and the Short Term Rental use shall only occur in the principal structure. 3. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwellingfor Short- Term Rental purposes. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions, or violations of any building, housing,zoning,fire, or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. March 15, 2022 78 ITEM— VLL.8 PLANNING ITEM#72630 (Continued) 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1-Million. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. March 15, 2022 79 ITEM— VLL.8 PLANNING ITEM#72630 (Continued) 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of sixteen (16),provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one(1)fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve(12) months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways,decks,porches, and balconies must be posted on each level of these structures. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15th day of March Two Thousand Twenty Two. March 15, 2022 80 ITEM— VLL.8 PLANNING ITEM#72630 (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 March 15, 2022 II 0, N lam - , ,4h- a.) E_r. rL-m. CO/p 0 u. � � c,_ ,A \ \\---T-T-c4.9 �n \O I • N N/ 30 3 CN � © oo a �2oo0:tt. 0 alep<c %- . .( A \ ,- el a I izt, - 4 - •- -■■ %fie ,-- . 40, ' act ,, N o NII 1 s s 0 \ i ` N . 2 'bra 00 N I ��s. ■ » M ■ 4,4 u\ II m a \-, = w n\ 11 rat: N 0 je /Jr C ►e', a \\\Ico c Q j'19,491e0 yeee 7 \ ma . , � se- III � ■ 0 / __,-L__ co , , \ ■ ,1 00 gcr 7/ / - . V"' \-ji (( i----- ,- o 0 Hui dr. D W CO all .ITINIO, j i i \ Q- Iiii ill ril int f 1t•.d 1111111 ,L9 t iirff k---/ r/t S•� I ° N-, Ca >, / .,CO`'► _r _ —'. , _ a ,s::: waN m -- in- -Z.--/T-0. -Z.: - . 7N, 0 77 ITEM— VLL.8 PLANNING ITEM#72630 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of C AND C DEVELOPMENT COMPANY,INC.for a Conditional Use Permit re short term rentals at 501 22nd Street, Units A&B District 6(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA C AND C DEVELOPMENT COMPANY, INC.for a Conditional Use Permit re short term rentals at 501 22nd Street, Units A & B (GPIN 24179896550000)District 6(Formerly District 6—Beach) The following conditions shall be required: 1. The property shall obtain all necessary building permits and Certificate of Occupancy for the residential dwelling units prior to the operation of the Short Rental Use. 2. The following conditions shall only apply to the dwelling unit addressed as 501 22nd Street, Unit A and Unit B and the Short Term Rental use shall only occur in the principal structure. 3. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwelling for Short- Term Rental purposes. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall not6 the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions, or violations of any building, housing, zoning,fire, or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. March 15, 2022 78 ITEM— VLL.8 PLANNING ITEM#72630 (Continued) 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notes the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1-Million. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. March 15, 2022 79 ITEM— VLL.8 PLANNING ITEM#72630 (Continued) 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of sixteen (16),provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one(1)fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve(12) months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways,decks,porches,and balconies must be posted on each level of these structures. 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 15th day of March Two Thousand Twenty Two. March 15, 2022 80 ITEM— VLL.8 PLANNING ITEM#72630 (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 March 15, 2022 i lip �° s A 12 ', \ 0 A"3 6 Z Al2 — eet R-T�4 U Wati-S-__t_---'- ” r'1 d --� - , e 2211 , 5 1 .-----3 _-----/ NW Oli Sire , 2 \ 1 \ E.____ ii 1, . OR' 17. l • CI P � 22nd sire ‘r: ' ' ' S 22treet nd s ___ \\ ( ---- OR OR N rA Site w , I C and C Development Company, Inc -c�J Property Polygons 501 22nd Street, Units A & B S Zoning Building - m Feet 0 1020 40 60 80 100 120 81 ITEM— VLL.9 PLANNING ITEM#72631 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of CYNTHL4 LAENGER for a Conditional Use Permit re short term rental at 2113 Atlantic Avenue, Unit 6C District 6(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CYNTHIA LAENGER for a Conditional Use Permit re short term rental at 2113 Atlantic Avenue, Unit 6C (GPIN 24271868780000) District 6 (Formerly District 6—Beach) The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 2113 Atlantic Avenue, Unit 6C and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions, or violations of any building, housing,zoning,fire, or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1)hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. March 15, 2022 82 ITEM— VLL.9 PLANNING ITEM#72631 (Continued) a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at$1- Million. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1),four(4) square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of sixteen(16),provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). March 15, 2022 83 ITEM— VLL.9 PLANNING ITEM#72631 (Continued) 17. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one (1)fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last (12) twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15th day of March 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 March 15, 2022 /� \ rt ., O R, -,-, OR-= 37,4 co iz Q _ -istceet co n 22 _ - dtCS eet ok • , e."..- , •••••••• \ t, ' T-..-.. _____---- -- ,.... 17 1 -77 OR co OR co ___\ ci, N �,\ //, Site `,�,:-., E Cynthia Laenger `�J Property Polygons 2113 Atlantic Avenue, Unit 6C S Zoning Building NI mom= mili imiii Feet 012.525 50 75 100 125 150 84 ITEM— VLM APPOINTMENTS ITEM#72632 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION STORMWATER APPEAL BOARD TRANSITIONAREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH TOWING ADVISORY BOARD WETLANDS BOARD March 15, 2022 85 ITEM— VLM APPOINTMENTS ITEM#72633 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: DEEPAK NACHNANI ROBERT MELATTI DELCENO MILES (Representing: Hampton Roads Chamber of Commerce— Virginia Beach Division) DAMEN WATSON Three year term 3/15/2022—2/28/2025 RESORT ADVISORY COMMISSION Voting: 10-1 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None March 15, 2022 86 NEW BUSINESS ITEM#72634 Council Member Rouse read the following: "Serving Virginia Beach on our City Council during such an unprecedented era of challenges and hardship has taught me so much about our city. It's taught me about the resilience of our citizens—our workers and our businesses, and our students, teachers, and parents. It's demonstrated the importance of government stepping up for its'citizens and providing meaningful,proactive solutions—what government can do for its'people. Most of all, it showed just how strong we are, as a community, when we come together. That's what service has always been about for me—it's about bringing neighbors together, and bringing stakeholders together, to find what we have in common and move our community forward together. I have so much respect for my colleagues on this body. We haven't always seen eye to eye but where we could find commonality we did so enthusiastically-and I'm grateful for that. It has been the privilege of a lifetime to serve the city that gave me everything as your Councilman.I look forward to continuing that role as your public servant for the next nine months.However, after a great deal of reflection with my family, with faith and community leaders, and with fellow public servants, I have decided to embark on another journey in service to our community.I am proud to announce that I am running to be Virginia Beach's next State Senator in the newly-created 22nd District. The most important factor for me choosing not to seek re-election to city council this year is the people. with the city transitioning to true districts, it is ever-more important that the people have the option to ELECT a representative that can fulfill a full-term. with the focus on the people. Mr.Mayor, Vice Mayor,fellow Council Members, City Manager, City Attorney City Clerk and staff, THANK YOU. I'm looking forward to continuing my service on council and finishing strong." March 15, 2022 87 ADJOURNMENT ITEM#72635 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 9:10 P.M. eliu Chief Deputy City Clerk A nda Barnes, MC Robert M. Dyer City Clerk Mayor March 15, 2022