HomeMy WebLinkAboutJULY 5, 2022 FORMAL SESSION MINUTES r.N]A;$ .,.!
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
July 5, 2022
Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Chamber,
Building 3, on Tuesday,July 5, 2022, at 3:01 P.M
Council Members Present:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, Aaron R. Rouse and
Sabrina D. Wooten
Council Members Absent:
John D. Moss—Out of Town
Guy K. Tower-Ill
Vice Mayor Rosemary Wilson—Out of Town
U
1-4 City of Virginia Beach
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of OUR NAn�NS
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PHONE:(757)636-1534
JOHN MOSS JDMOSS(dNBGOV.COM
COUNCIL MEMBER-AT-LARGE
July 5, 2022
HONORABLE MAYOR
MEMBERS OF CITY COUNCIL
Dear Colleagues:
Normally I am able to break away from Boy Scout Summer Camp to make the Council meeting.
Given the number of Scouts in the Troop attending and the number of first year Scouts, I will not
be able to break away this year.
Relying on informal information that a vote on plastic bags will be deferred to allow for a more
thorough consideration and recognizing Vice Mayor Wilson is out of town, and that we have a
vacant seat, I share my support for a motion to defer. Council Members Tower and Henley, if
my intel is correct,have my appreciation for their initiative to defer a vote on the plastic bag tax.
I would have to abstain on the Dominion Energy easement item before City Council due to my
stock ownership and the dollar value of dividend it produces.
Sincerely,
1.1 d )4v,
John D. Moss
JDM
cc: City Manager
City Attorney
City Clerk
4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455
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City Of Virgins a Beach
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GUY K.TOWER CELL:(804)398-0070
COUNCIL MEMBER gtower(&vbgov.com
DISTRICT 6-BEACH
July 5, 2022
HONORABLE MAYOR
MEMBERS OF CITY COUNCIL
Dear Colleagues,
I am ill and will not be at today's meeting.
Sincerely,
Guy K. Tower
GKT/ab
cc: City Manager
City Attorney
City Clerk
211 43rd STREET,VIRGINIA BEACH,VIRGINIA 23451
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OF OUR NA'���N
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ROSEMARY WILSON PHONE:(757)422-0733
RCWilson;a^vboov.corn
COUNCIL MEMBER—AT-LARGE
June 30, 2022
HONORAB MAYOR
MEMB RS OF CITY COUNCIL
Dear Colleagues,
I will be out of country on family vacation and unable to attend the City Council meeting on
July 5, 2022.
Sincerely,
L--414-e,--t-<.-d Rosemary Wilson
City Council Member At Large
Cc: City Clerk
City Attorney
City Manager
FOIA Officer
921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451
2
CITY COUNCIL'S BRIEFING
VIRGINL4 BEACH CITY PUBLIC SCHOOLS(VBCPS)
SCHOOL REPLACEMENT UPDATE
ITEM#73017 .
3:02 P.M.
Mayor Dyer welcomed Melisa Ingram, Executive Director, Office of Facilities — VBCPS. Ms. Ingram
expressed her appreciation to City Council for their continued support:
eiell -aL-- -
CHARTNC T.aE COMM
Public — Private Education
Facilities and Infrastructure Act
(PPEA)
By:The Department of School Division Services
Office of Facilities Services
School Board Information
Tuesday,June 28,2022
Here is the Anticipated Timeline:
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IP
July 5, 2022
3
CITY COUNCIL'S BRIEFING
VIRGINIA BEACH CITY PUBLIC SCHOOLS(VBCPS)
SCHOOL REPLACEMENT UPDATE
ITEM#73017
(Continued)
What is a PPEA project?
•Code of Virginia§56-575.1(2002)
Allows a public body to create public-private partnerships for a wide range of
public infrastructure projects
•School Board Policy 3-71:Public-Private Education Facilities and
Infrastructure Act Projects(2017)
Policy sets forth guidance for PPEA Projects for VBCPS
Here are the Three (3)Replacement Schools and total cost:
CIP Projects—Three Replacement Schools
CIP 1-015 Princess Anne High School Replacement $162,650,000
CIP 1 028 B.F.William ES/Bayside 6th(Grades 4-6) $68,387,500
Replacement
•
CIP 1-029 Bayside High School Replacement $197,700,000
Total $428,737,500
------- —J t.G k 1 a ,E a C M C T ,, i C'C C.S
July 5, 2022
4
CITY COUNCIL'S BRIEFING
VIRGINIA BEACH CITY PUBLIC SCHOOLS(VBCPS)
SCHOOL REPLACEMENT UPDATE
ITEM#73017
(Continued)
Here is the Proposed CIP Schedule:
•
Proposed ` rr" �`
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The next two (2)slides provide an overview of PPEA RFP#5083:
PPEA RFP#5083-
- Request for Conceptual & Detailed Proposals
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JtDs://www.vbschools.com/about us/departments/facilities services/current RFP
July 5, 2022
5
CITY COUNCIL'S BRIEFING
VIRGINIA BEACH CITY PUBLIC SCHOOLS(VBCPS)
SCHOOL REPLACEMENT UPDATE
ITEM#73017
(Continued)
PPEA RFP#5083
❑Short-List Preferred ProposerspednosamorH,
• SBBCC(S.B.Ballard Construction Company) ts ,. ,
❑Proposed Interim Agreement _
j • Not to Exceed Total:$15,404,544
• August 2022—July/August 2023—12 months design with public input
• GMP for Comprehensive Agreement-6 years of Construction+/-
,- Jc•o ;m Agreement 12 months Aug 2022-Aug 2023 0' JOB
,°<° • Educational Specification Process c. L°
,y`' -'& • Conceptual Plan&Building Options—Design �a..,
°C, Q,o a\ Charettes Q4o a\
QQ cQ oa' •Schematic Design Phase cQ 6.6
Q' , �' • Design&Engineering Documents Phase 30% `ate ,�
QQr`P O� °o •GMP Pricing&Comprehensive Agreement O. °° Comprehensive
y y Agreement
Aug 2022 Sept 2022 Dec March July/August 2023 6 Years
l Summer 2025
, [PC" C tr C $C800_$ --
Interim Agreement—Three Replacement Schools
CIP 1-015 Princess Anne High School Replacement $162,650,000
CIP 1 028 B.F.William ES/Bayside 6th(Grades 4-6) $68,387,500
Replacement
CIP 1-029 Bayside High School Replacement $197,700,000
Total $428,737,500
Proposed Interim Agreement Not-to-Exceed Total $15,404,544
i, 55%of Total Design Budget
3.6%of Total Budget
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in
July 5, 2022
6
CITY COUNCIL'S BRIEFING
VIRGINIA BEACH CITY PUBLIC SCHOOLS(VBCPS)
SCHOOL REPLACEMENT UPDATE
ITEM#73017
(Continued)
Here are some of the Benefits of the PPEA Process.
Benefits of the PPEA Process
❑Schools Open Sooner
• Princess Anne High School— projected completion 1 year early
• Bettie F.Williams/Bayside 6th—projected completion 3 years early
• Bayside High School—projected completion 2 years early
❑Cost Savings
• Earlier Completion
• Contractor and A&E Team
• Guaranteed Maximum Price(GMP) �4 6
❑Prototype High School Plan 0i
•
• Bayside High School plan can be used for
First Colonial,Kempsville and Green Run High Schools
❑Financial Commitments
• Commits to funding beyond 6-year CIP
• Allows additional financing option
The next two (2) slides provide a summary of Princess Anne High School Replacement CIP
.... .7
Princess Anne
High School ��.."._......."..�,,.�...,:a...
Replacement
CIP 1-015
._ a •
July 5, 2022
7
CITY COUNCIL'S BRIEFING
VIRGINIA BEACH CITY PUBLIC SCHOOLS(VBCPS)
SCHOOL REPLACEMENT UPDATE
ITEM#73017
(Continued)
...........................................
> Princess Anne High School
•
■ projected completion 1 year early
■ Move-In Sept 2026+/-
Princess Anne • Optimal Capacity 1,800 Students
High
C 1 • New School Planning Size:+/-330,000 SF
H School • Team Sport Buildings:+/-12,000SF
Replacement r R`
Site
SIP 1-0 5 .�..
y �'n
�
-
•
-------------`------------- ii ...-..... t.
The next two (2)slides provide a summary of Bettie F. Williams Elementary/Bayside 611'Replacement CIP
1-028:
I M
BettieF. 111.46.0 .....04104.41•104411.41441.
7.4
Williams _....w�.,. .,�:.�.�
Elementary
Replacement _.,....,..�.,..„r...
CIP 1-028
•
f....
.._i � �T ..m •ems. .. _ ..
.Lei
I
July 5, 2022
8
CITY COUNCIL'S BRIEFING
VIRGINIA BEACH CITY PUBLIC SCHOOLS(VBCPS)
SCHOOL REPLACEMENT UPDATE
ITEM#73017
(Continued)
• ➢ Williams ES/Bayside 611 Replacement
Bettie F. • projected completion 3 years early
Williams ■ Move-In:August 2025+/-
■ Optimal Capacity 950 Students
Elementary/ • New School Planning Size:+/-145,000 SF
• Grades 4,5,&6
Bayside 6th
Replacement = _ _
Site
CIP 1 028
•
4.41r% —1111 k
19-010,
•
The next two (2)slides provide a summary of Bayside High School Replacement CIP 1-029:
.•n ..w
.v.,. 1 1 and ..r.•i .w+w»
wes-
Bayside High �.�� --� :4.�...,...... ,.._....�m_._..._........_
School
Replacement
CIP 1-029
r MO
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July 5, 2022
9
CITY COUNCIL'S BRIEFING
VIRGINIA BEACH CITY PUBLIC SCHOOLS(VBCPS)
SCHOOL REPLACEMENT UPDATE
ITEM#73017
(Continued)
E ➢ Bayside High School
I • projected completion 2 years early
■ Move-In:Sept 2029+/-
Bayside High :. • Optimal Capacity 1,900 Students
• New School Planning Size:+/-325,000 SF
School • Team Sport Buildings:+/-12,000 SF
Replacement : i
.. 2!7::H.!II"'' :':::1:!.:.:.. . . ..:.':* ' ''''''.etVA \
Site -'
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:.
The Holland Road Annex will serve as a Swing Space:
➢ Holland Rd Annex
■ 7+Years&2 school Programs
• Princess Anne HS 1,800 Students
■ Jan 2024—Sept 2026+/-
Swing Space • Bayside HS 1,900 Students
• Sept/Dec 2026—Sept 2029+/-
Holland Rd „1. , ,N '-
Annex 4 4".tge " .,
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....„•s
July 5, 2022
10
CITY COUNCIL'S BRIEFING
VIRGINIA BEACH CITY PUBLIC SCHOOLS(VBCPS)
SCHOOL REPLACEMENT UPDATE
ITEM#73017
(Continued)
Here are Timelines Achieved:
Where We've Been
Timelines Achieved
June 2021 ➢ Receipt of Unsolicited Proposal
Aug 2021 Y Accepted Unsolicited Proposal
Oct 2021 ➢ Post PPEA Request for Conceptual Proposals#5083
➢ Receipt of Competing Conceptual-Phase Proposals
Dec 2021 • S.B.Ballard Construction Company
• Heartland Jordan J.V.
Feb 2022 > Post PPEA Request for Detailed Proposals#5083
• With Draft Interim Agreement
Receipt of Competing Detailed-Phase Proposals
March 2022 • S.B.Ballard Construction Company
• Heartland Jordan J.V.
April 2022 ➢ Presentations from Proposers
April 2022 ➢ Short-List Preferred Proposer
May-June 2022 Y Finalize Interim Agreement with Preferred Proposer
Here are Critical Milestones:
What's Next
Critical Milestones
D. Public Hearing
June 28,2022 i Information to School Board
June-August 2022 fr Post Interim Agreement for Public(30 days)
July 5,2022 D City Council Brief
Aug 9,2022 - School Board Action
Aug 16,2022 City Council Action
Sept 2022/ fr
Design Matures through Input Process
Spring 2023 D. Review Work Performed Under Interim Agreement
i Negotiate Comprehensive Agreement for GMP
" Comprehensive Agreement-Obtain Approvals by
Late Spring 2023 School Board and City Council
Spring 2023 ; Construction Comprehensive Agreement
—June 2029
July 5, 2022
11
CITY COUNCIL'S BRIEFING
VIRGINIA BEACH CITY PUBLIC SCHOOLS(VBCPS)
SCHOOL REPLACEMENT UPDATE
ITEM#73017
(Continued)
Thank You
Aaron C.Spence,Ed.D.,Superintendent
School Division Services
Jack Freeman,Chief Operations Officer
Office of Facilities Services
Melisa A.Ingram,Executive Director
- 1
Mayor Dyer expressed his appreciation to Ms. Ingram for the presentation.
July 5, 2022
12
CITY MANAGER'S BRIEFINGS
TREE REPLACEMENT
ITEM#73018
3:27 P.M.
Mayor Dyer welcomed Frank L. Fentress, Landscape Management Administrator — Parks and
Recreation. Mr. Fentress expressed his appreciation to City Council for their continued support:
Mitigating • F
-mot - . a ,4 r
Removal of City r - ._ • -, r;-((
Trees -, , ty„„ ...* .._,r _
,,.... A :.
. . ,
g(111-
o� I till.,ary
• '4 —t C 3
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Frank Fentress
July 5, 2022 ,- , '.
y
Parks & Recreation `, "-*'r . ,- +.
Briefingto CityCouncil . `
`.• 'tom.`SI
- :-txr"> -
Here is a summary of the Tree Replacement Policy:
Tree Replacement Policy
• Reforestation Policy adopted by City Council on May 19, 2020
• "The City Council hereby adopts the policy that the City will replace
any trees that the City removes on City property."
• Also identified the first reforestation project, which was on a 10-acre
site in Village D of Ashville Park. A large part of that project has
been completed, and room for expansion exists.
2 Perks&Recreation I July 5,2022 I Mdigating Removal of City Tree.I Briefing to City Cooled
July 5, 2022
13
CITY MANAGER'S BRIEFINGS
TREE REPLACEMENT
ITEM#73018
(Continued)
Tree Replacement Policy — Working Group
• Office of the City Manager
• Office of Performance and Accountability
• Information Technology
• Office of the City Attorney
• Parks&Recreation
• Public Works
• Public Utilities
• Planning&Community Development
YIa GINIA e(ACE
PARKS&
3 Parks 8 Recreation f July 5,2022 f Mitigatlng Removal of City Trees I Brefing to City Council RECREATION
What is a tree?
A tree is a woody. perennial
plant, at least 8-feet tall. - .
i.rIIIII"liIllIll_ -:, .
usually having an upright axis P
with one or more main stems r
and maturing at a height of i r •
greater than 10-feet tall.
t__
, _ ,,__ __.......:„. _
. __ __ _ •.
4 Parks S Recrea5on 1 July 5,2022 f Mitigating Removal of City Trees l Briefing to Crty Council
July 5, 2022
14
CITY MANAGER'S BRIEFINGS
TREE REPLACEMENT
ITEM#73018
(Continued)
The next four(4)slides provide a summary of the Urban Tree Canopy(UTC)Analysis:
Urban Tree Canopy (UTC) Analysis
• Virginia Beach has performed three UTC Analyses
� Lll✓v—JZS.0 IJYC i,,...1�.
• 2012—40.3%overall UTC
• 2018—38.5%overall UTC
• Urban Forest Management Plan adopted by Council in 2014
• >ai an uvtiali i'�.�C•Ui t. -::�:..Uy .,3�
• Between 2012 and 2018, Virginia Beach lost 1.75% of our UTC,
about 2200 acres
v.astr+r�er�cF
PARKnS�&�
5 Perks 8 Recreation July 5.2022 l Mitigating Removal of Goy Trees Briefing to City Council RE • 1 WIC
Urban Tree Canopy (UTC) Analysis
'CiliM . 1
`. has• ,y F r .
r xN p
6 Perks&Recreation July 5.2022 Mitigating Removal of City Trees I Briefing to City Goun — RECREATION
July 5, 2022
15
CITY MANAGER'S BRIEFINGS
TREE REPLACEMENT
ITEM#73018
(Continued)
Urban Tree Canopy (UTC) Analysis
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7 Perks a Recreation 1 July 5,20221 Mitigating Removal of City Trees I Briefing to Coy Council RECREATION
Urban Tree Canopy (UTC) Analysis
• Our average individual tree size— (Th r"
r
;"30.1M
414 square feet of canopy '142.8M y" •199.3M
• Conservatively, 6.5 million trees in 1
Virginia Beach t ---
• Annual Ecosystem Services— Jr.,,,, 4...; - T
$446 Million _. .
8 0
•ss.z► .. .sM
O. 1f G(N1A 6tAtL
PARKS&
8 Perks 8 Recreation j July 5,2022 1 Mitigating Removal of City Trees'Briefing to City Council
July 5, 2022
16
CITY MANAGER'S BRIEFINGS
TREE REPLACEMENT
ITEM#73018
(Continued)
Here are the Current Tree Mitigation Efforts:
Current Tree Mitigation Efforts
• Annual Tree Planting Funds for Maintenance Activities
• Public Utilities/Operations $25,000
• Public Works/Ditch Maintenance $25,000
• Public Works/BMP Maintenance $25,000
• Park& Landscape Services $25,000
• Various mitigation payments and donations Variable
9 Perks&Recreation l July 5,2022 1 Mitigating Removal of City Trees j Briefing to City Camog RECREATIOt
_
Current Tree Mitigation Efforts
• Private Development Projects
• Work with Planning on mitigation of impacts to City trees
• Trees can be replaced in-kind if there is space in the right of way
• If not,developer can pay for future mitigation planting in same watershed
• Projects may create new rights of way AND new tree canopy
• These processes will continue using new quantification criteria
PAR
10 Perks&Recreation. July 5,2022 I Mibgaeng Removal of Coy Trees I Briefing to City Council RECR
July 5, 2022
17
CITY MANAGER'S BRIEFINGS
TREE REPLACEMENT
ITEM#73018
(Continued)
The next four(4)slides provide an overview of the Proposed Mitigation Process for CIP's:
Proposed Mitigation Process for CIP's
r, . - . } . ;....� ., Method 1: Mitigation for complete
4F-e 0/)140,4 � `�F removal of forested areas
i� - -?. • Acres divided by 414 sq.ft.(avg.tree size)
• r,
1k , •- 1: i
', , i . • Approximately 105 new 1.75—2"caliper
WO � trees planted at$285 per tree
----^+• e � - • Approx.$30,000 per acre
11 Parks&Recreation I July 5.2022I Mitigating Removal of City Trees I Briefing to City Council
Proposed Mitigation Process for CIP's
Method 2: Mitigation for removal of _,4-% r
individual trees _:g 1
• More easily surveyed i' ,
• Trees in categories of DBH(diameter at ,. A �`o •
breast height;—4.5 ft.above ground)
r ,ram =ti.-
• Ratios based on DBH and$285 per �► �' .,� - ''~:^,
A. tic
replacement tree '` agiiiI 14 ._.aa. =_- -
2 Parks 8 Recraatcn I July 5,2022 I M:Ugating Remcval of City Trees I Briefing to City Council _
July 5, 2022
18
CITY MANAGER'S BRIEFINGS
TREE REPLACEMENT
ITEM#73018
(Continued)
Proposed Mitigation Process for CIP's
• Method 2: Mitigation for removal of individual trees
• Trees 2" to 10" DBH — 1:1 ratio—$285 per tree
• Trees 11" to 18" DBH — 2:1 ratio —$570 per tree
• Trees 19" to 24" DBH — 3:1 ratio —$855 per tree
• Total Costs will vary by project
GIN.tEAc-.`
13 Parks B Recreation t July 5.2022 j Mitigating Removal of City Trees I Briefing to City Council
Proposed Mitigation Process for CIP's
riril
Method 3: Mitigation for removal of
specimen trees
• Trees more than 25"DBH—valuation done
by a Certified Arborist/Tree Risk Assessor
• Example:trees recently removed on
-• General Booth Blvd.were only 18"DBH,but
average value was$5,100 each
RECREATION
14 Parka S Reaeafion l July 5,2022I Mitigating Removal of City Trees(Briefing to City Council, - RECREA i EON
July 5, 2022
19
CITY MANAGER'S BRIEFINGS
TREE REPLACEMENT
ITEM#73018
(Continued)
How will we keep score?
• Parks & Recreation will take the lead
• Using field-enabled GIS Map
w.san a
• Tool in use by Parks&Rec and contractors
• Will develop a method for equating areas �, 4
R i
removed with numbers of replacement trees •
• Will be able to have a data dashboard ' ';
- vts GfBfa tFA._.
PAR
15 Parks 8 Recreation 1 July 5.2022I Mitigating Removal of City Trees 1 Beefing to City Council RE
Where will we plant?
From 2012 to 2018, we lost 48 acres of UTC on City property.
That's 8 acres per year.
• Many trees are replaced on projects—more than 1,000 trees planted with P.A.Road
• Trees often replaced as close as possible to where they are removed
• Could also plan to address areas of need—stormwater,urban heat island,etc.
• Could consider preservation easements and/or reforestation of parcels as
mitigation
16 Parks S Reereneon 1 July 5.2022 i Maveng Removal of City Trees I Bnefmg to City Coune;=. RECREATION
July 5, 2022
20
CITY MANAGER'S BRIEFINGS
TREE REPLACEMENT
ITEM#73018
(Continued)
Here are the Next Steps:
Next Steps
• Work with IT/GIS to refine the mapping system and dashboard
• Develop specific funding process for mitigation
• Identify areas of need for future mitigation projects
• Consider personnel needs to fully implement
Cti uiitlA afift
PARKS&
17 Parks 8 Recreation I July 5.2022 I Mitigating Removal of City Trees I Briefing to City Council RECREATION
QUESTIONS?
PARKS&
l y g g y reac l Br:tfir}g to Cary Council — !
'}$ Par4.s 8 Recreation Jul 5.2022 '.t+t ern Remotiz.of C" -.. _ ,.- -
Mayor Dyer expressed his appreciation to Mr. Fentress for the presentation.
July 5, 2022
21
CITY MANAGER'S BRIEFINGS
SUSTAINABILITY PLAN
ITEM#73019
3:48 P.M.
Mayor Dyer welcomed Neva L. White, Chief Strategy Officer — Office of Performance &
Accountability. Ms. White expressed her appreciation to City Council for their continued support:
AI
SUSTAINABILITY
t i{
PLAN
_ _: `14 :_ UPDATE
Community JULY 2022
for a Lifetime
Here is an overview of the Survey Results:
SURVEY RESULTS
• 127 participants and 228 comments
•Online survey results corresponded to both the in-person
community engagement events that were held and the survey done for the update of the Comprehensive Plan. 1 '
July 5, 2022
22
CITY MANAGER'S BRIEFINGS
SUSTAINABILITY PLAN
ITEM#73019
(Continued)
Here is a Comparison between 2013 and 2022 of the words surveyed participants provided to describe
the City:
COMPAR
ISON SON - -
Citizens,both online and in-person, were asked to vote on words they hope people will use 10
years from now to describe Virginia Beach.We used those words to reorganize the plan.
2013 Headings 2022 Reorganization
• People •Affordable
• Places •Healthy
• Learning • Connected
•Work - Educated
• Connections • Beautiful
• Air • Entertaining
• Water • Innovative
•Energy •Diverse
• Land • Safe -
• Neighbors
Surveyed participants provided the Spending Priorities:
SPENDING PRIORITIES
Pretend you have
$100 to spend on
this list.How would
you spend it?
• Assisting small,women,and minority businesses
• Bring a broad diversity of entertainment and events to the city
• Ensuring that schools have equitable and sufficient resources
• Flood protection and sea level rise initiatives
• Improving accessibility to mental health treatment
• Implementing environmental preservation actions like increasing our tree canopy
• Implementing initiatives that would increase affordable housing in the city
• Improving mass transit and non-vehicular options
• Improving the efficiency of our transportation routes
• Maintaining our parks,recreation centers,and libraries
• Maintaining support for public safety initiatives
• Providing adequate facilities for drug and alcohol use treatment
• Providing incentives to businesses and residents to implement green initiatives
• Reducing existing taxes/fees
July 5, 2022
23
CITY MANAGER'S BRIEFINGS
SUSTAINABILITY PLAN
ITEM#73019
(Continued)
Surveyed participants were asked to determine the amount to spend on each category based on having a
total of$100.00:
Pretend you have
SPENDING PRIORITIES sioo to spend on
this list.How would
you spend it?
$13.30 $13.36
$10.111 f10A3
11117.14
36.88 f8.20 $8.13 sue
Kfl 84,1
11111111111111118111
' , `c$r ,F ` � �� 'r°, te `�•` g� ¢
S yo
/ •fie �e �•,� i '• `e F �C �¢9 d •� d/ 06
tea` F tf' , p' 3 �'° / �tf
cfl c° aF •d
r°
Q,
Here are the Highlights.
>;u
4t rY
--- HIGHLIGHTS
• Main content of the plan is now 11 pages
.0• • Headings are now aligned with community feedback
• • Each objective aligns with a larger plan or organization
- • A separate listing of resources will be available
!� • Data points to measure success will be aligned
'l
• Progress reports will be done on a frequent basis and
will highlight successes in each category rather than each
objective
Community • This plan stresses the need for the community to get
'or a Lifetime involved
July 5, 2022
24
CITY MANAGER'S BRIEFINGS
SUSTAINABILITY PLAN
ITEM#73019
(Continued)
Here is an overview of the Community Plan:
'j_ ,, COMMUNITY PLAN
•
t r ,
r a
u + • F
k- ' • w • Community Members informed us of what should be in the plan
Though many of the objectives have linkages to other City of Virginia
Beach all the objectives in the plan cannot be completed 6y the
• government alone.
t
a
• We will engage with partners in the community to work on the objectives in
the plan recognizing that some partners will do as much of or more of
__ • �• • the work towards completion than the City government
• When available we will provide support to community partners on their
\ �/ work,such as assistance with data,connecting partners,and hosting
engagement events
• We will develop success measures with the community and will regularly
li report on progress,including highlighting community work on objectives
• Updates to the plan will come from the community as a whole
Here are the Next Steps:
NEXT STEPS 4
•i' ,
• Incorporate council feedback
• Finalize design and develop website `
f:
•Community engagement sessions in partnership with the • --
Comprehensive plan to inform the public ,i
• Finalize data points for measuring success
•Begin cycle of community engagement and partnership
development to begin work on the objectives in the plan •
i ...
July 5, 2022
25
CITY MANAGER'S BRIEFINGS
SUSTAINABILITY PLAN
ITEM#73019
(Continued)
tITI
Questions?
f _ T/ 4
, ii /7 Office of Performance
i
and Accountabilit
Phone
757-385-7847
L.,,, _ _ ►' :/ opa@vbgov.com
Mayor Dyer expressed his appreciation to Ms. White for the presentation.
July 5, 2022
26
CITY COUNCIL LIAISON REPORTS
ITEM#73020
4:03 P.M.
There were no City Council Liaison Reports.
July 5, 2022
27
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#73021
4:04 P.M.
Council Member Wooten advised on July 4t, there was a mass shooting incident in Highland Park, Illinois
where six (6)people were killed, as well as another in Philadelphia, where two (2)police officers were
shot. Council Member Wooten believes having a conversation with people in the community would be
helpful in order to take actions to prevent future gun violence in the City. Council Member Wooten advised
she is a supporter of the Second Amendment and the conversation she is suggesting would focus on safety
and ways to implement training and programs on conflict resolution skills.
Mayor Dyer advised the Hampton Roads Mayors, comprised of twelve reginal Mayors, are currently
working together with regional City Managers and Police Chiefs to address youth violence and have a
discussion on conflict resolution planned for the next meeting. Mayor Dyer explained he attended a police
function yesterday and was informed of the mental health challenges police are having due to violent
offenders who have underlying mental health problems. Mayor Dyer advised this issue must be addressed
collectively as violence does not know boarders. Mayor Dyer further advised Vice Mayor Wilson has
convened a local task force to engage the community.
Council Member Holcomb advised the Virginia Beach Police Department has started the conversation and
over the weekend officers confiscated fifteen (15) illegal weapons from the Oceanfront. Council Member
Holcomb advised one (1) violent felon was in possession of two (2) weapons with fifty (50) and sixty (60)
round magazines of ammunition capable of piercing soft body armor. Council Member Holcomb expressed
his appreciation to the Police Officers who face violent offenders with dangerous weapons and are getting
them off of the street.
Council Member Wooten advised another area that should be considered is the issue of Police Officers
who have been taken out of the schools, adding she receives emails from citizens who want to know what
the plan is for them to return.
Council Member Branch advised he is hopeful to have more police officers recruited from around the
region since the approval of the compensation step plan in this year's budget. Council Member Branch
requested the City Manager provide an update on the success of regional recruiting efforts at a later date.
July 5, 2022
28
AGENDA REVIEW SESSION
ITEM#73022
4:14 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
J. ORDINANCES/RESOLUTIONS
1. Ordinance to ADD Article XVI to City Code Chapter 35 re establish disposable plastic bag tax
(Requested by Council Member Tower)
2. Ordinance to AUTHORIZE the dedication of a 300 square feet(0.007 acre) Utility Easement to
Dominion Energy Virginia at 2521 Shorehaven Drive re service a City-owned Pump Station
3. Ordinances to AUTHORIZE the City Manager to EXECUTE a lease for City-owned property:
a. known as Outside Circle, Suite 814, at the Farmers Market with
Chapman's Flowers,Inc.,d/b/a Coastal Garden for up to five(5)
years
b. 4th Street and Atlantic Avenue with Ocean Water LLC for one(1)
year, with four(4) one-year renewal options re overflow parking
(Deferred from June 21, 2022)
4. Resolution to APPOINT Nell Ford as Associate City Attorney, effective July 28, 2022
5. Resolution to RENEW a permit to ALLOW Delta Medical Transport, Inc. to operate in the City
J. ORDINANCES/RESOLUTIONS:
ITEM#1 WILL BE CONSIDERED SEPARA TEL Y
ITEM#3b WILL BE CONSIDERED SEPARATELY
July 5, 2022
29
AGENDA REVIEW SESSION
ITEM#73022
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
K. PLANNING
1. HENDRICKS FAMILY DENTISTRY,PC/CLAYBORN PROPERTIES,LLC for a Change in
Nonconformity re expansion of dental office at 737 Little Neck Road DISTRICT 8 (Formerly
District 5—Lynnhaven)
2. ALEXIS MORALES-CRUZ/EDWIN&ALEXIS CRUZfor a Conditional Use Permit re family
day-care home at 3049 Barberry Lane DISTRICT 2 (Formerly District 7—Princess Anne)
3. THE HERTZ CORPORATION/REGENCY HILLTOP ASSOCIATES for a Conditional Use
Permit re motor vehicle rentals at 1940 Laskin Road, Suite 308 DISTRICT 6(Formerly District 6
—Beach)
4. EYES ON YOU ARTISTRY BY BREONA AU'NICE,LLC/DIAMOND SPRINGS SHOPPES
ASSOCIATES,LLPfor a Conditional Use Permit re tattoo parlor at 1270 Diamond Springs Road,
Suite 113 DISTRICT 9(Formerly District 2—Kempsville)
5. CHERYL SCOTT/PEMBROKE NORTH ASSOCIATES,LLCfor a Conditional Use Permit re
tattoo parlor at 544 Independence Boulevard DISTRICT 9(Formerly District 4—Bayside)
K.PLANNING:
ITEM#1 WILL BE CONSIDERED SEPARA TEL Y
ITEM#3 WILL BE CONSIDERED SEPARATELY
ITEM#5 WILL BE CONSIDERED SEPARA TEL Y
July 5, 2022
30
ITEM#73023
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:
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)
• Hampton Roads Economic Development Alliance
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
• Ebenezer Baptist Church
PERSONNEL MATTERS: Discussion, consideration, or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees of any public body
pursuant to Section 2.2-3711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees, Authorities, Agencies and Appointees
July 5, 2022
31
ITEM#73023
(Continued)
Upon motion by Council Member Berlucchi, seconded by Council Member Branch, City Council voted to
proceed into CLOSED SESSION at 4:33 P.M.
Voting: 7-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, Aaron R. Rouse and
Sabrina D. Wooten
Council Members Absent:
John D. Moss, Guy K. Tower and Vice Mayor Rosemary Wilson
Break 4:33 P.M. — 4:45 P.M.
Closed Session 4:45 P.M. — 5:57 P.M.
July 5, 2022
32
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
JULY 5,2022
6:00 P.M.
Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City
Council Chamber, Building 3, on Tuesday,July 5, 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, Aaron R. Rouse and
Sabrina D. Wooten
Council Members Absent:
John D.Moss—Out of Town
Guy K. Tower-Ill
Vice Mayor Rosemary Wilson—Out of Town
INVOCATION: Pastor Tom Holland
Retired Minister with the Billy Graham Evangelistic Association
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. Vice Mayor Wilson regularly
makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record.
July 5, 2022
33
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. Vice Mayor Wilson's letter of June 2, 2015 is hereby made a part of the record.
July 5, 2022
34
ITEM— VILE
CERTIFICATION
ITEM#73024
Upon motion by Council Member Holcomb, 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: 7-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, Aaron R. Rouse and
Sabrina D. Wooten
Council Members Absent:
John D. Moss, Guy K. Tower and Vice Mayor Rosemary Wilson
July 5, 2022
01.11A•BE,4i>.;D '
ML
OF OUR NO ONS
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#73023 on Page 31 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.
A :. Barnes, M
City lerk
July 5, 2022
35
ITEM— VILF.1
MINUTES
ITEM#73025
Upon motion by Council Member Branch, seconded by Council Member Wooten, City Council
APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 21,2022
Voting: 7-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, Aaron R. Rouse and
Sabrina D. Wooten
Council Members Absent:
John D. Moss, Guy K. Tower and Vice Mayor Rosemary Wilson
July 5, 2022
36
ITEM— VIL G.1
MAYOR'S PRESENTATION
ITEM#73026
PROCLAMATION
PARKS AND RECREATION MONTH
Council Member Rouse, on behalf of Mayor Dyer, welcomed Michael Kirschman, Director and read the
Proclamation declaring, July 2022, "PARKS AND RECREATION MONTH". Council Member Rouse
encouraged all citizens, City Members and Civic Organizations to support Parks and Recreation by visiting
a community recreation center,park or natural area.
Mr.Kirschman expressed his appreciation to City Council for this recognition and their continued support.
July 5, 2022
.ts
Oar BUR NA-00r"
ro clamation
Whereas: Since 1956,Virginia Beach Parks and Recreation has provided'a place for all generations to play,
explore,connect,and reconnect through leisure experience.s,nature,and the outdoors;and
Whereas: :Parks and Recreation provides programs and events in our community recreation centers and"parks
that are inclusive andaccessi6le to all ages anda6iEties;and
Whereas: Barks and Recreation promotes a healthy lifestyle for our citizens through expanding Outdoor
Fitness programs,initiatives,and equipment in the parks;and
'Where= Parks and&creation maintains over three hundred(300)parkand facility amenities,seven(7)
community recreation centers,and over 7,100 acres of parkland and open space,as well as city
6uilEng and school grounds,the resort area,sports fiefds,and roadways;and
Whereas: Silty-eight percent(68%)of the community resides within a 10-minute wafkto a part;and
Whereas: Barks and'Recreation plays an integral part in advancing its Outdoors Plan as welt as City
Councils visions of the Sustainabifity Plan,Active Transportation Plan,and'Urban Forest
Management Plan;and
Whereas: Barks and&creation s environmental initiatives contribute to sustaina6ifity through improved
water and air quality,Utter reduction,and protection of our wild-fife habitat;and
Whereas: Barks and Recreation has been a CAM Accredited agency for twenty-three(23)years and for the
second'consecutive year is a 2022 National Gold MedalAwardfina(st.
Wow,Therefore I,Robert M. "Bobby'Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim:
yt)LY2022
PACO? etZ XEMATI o WON
InVirginia lieach,I pledge to prioritize safe and equitable access to high-quality parks and'green spaces,while
encouraging all citizens,civic organizations,and city members to join me in supporting Parks and Recreation 6y
visiting a community recreation center,park or natural area.
In ti$4tness Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach,
Virginia,to be affixed ed this F ftk day of July,Two 7kousand andTwenty-Two.
7g,./4
Wo6ert 9V1. "Bo66y'Dyer
Mayor
37
ITEM— VII.H.1
PUBLIC HEARINGS
ITEM#73027
Mayor Dyer DECLARED a PUBLIC HEARING:
PROPOSED IMPOSITION OF DISPOSABLE PLASTIC BAG TAX
(Requested by Council Member Tower)
The following registered to speak:
Karen Forget, 3712 Holland Road, Phone: 472-0406, spoke in SUPPORT
Jim Deppe, 904 General Hill Drive,Phone: 636-1169, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Lisa Renee Jennings, 3663 Marlin Bay Drive, Phone: 644-4116, spoke in SUPPORT
Sara Gerloff, 1332 Starling Court, Phone: 567-2906, spoke in OPPOSITION
Helen Kuhns, 5049 Holly Farms Drive, Phone: 438-6009, spoke in SUPPORT
Trey Highton, 2700 Elson Green Avenue, Phone: 706-637-0339, spoke in SUPPORT
Charles Hightower, 913 Old Dominion Lane, Phone: 286-3092, spoke in SUPPORT
Mark Swingle, 2130 Bayberry Street, Phone: 615-6337, spoke in SUPPORT
Ella Dunbar, 2349 Poyner Lane, Phone: 463-9861, spoke in OPPOSITION
Christine Anderson, 4616 Willow Croft Drive, Phone: 703-585-8878, spoke in SUPPORT
Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION
Melissa Assalone, P. O. Box 318, Richmond, VA, Phone: 608-216-5226, spoke in OPPOSITION
David Grochmal, 219A 68t"Street, Phone: 705-9011, spoke in SUPPORT
There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING
July 5, 2022
38
ITEM— VII.H.2
PUBLIC HEARINGS
ITEM#73028
Mayor Dyer DECLARED a PUBLIC HEARING:
DEDICATION OF EASEMENT TO DOMINION ENERGY VIRGINIA
at 2521 Shorehaven Drive
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
July 5, 2022
39
ITEM— VII.H.3
PUBLIC HEARINGS
ITEM#73029
Mayor Dyer DECLARED a PUBLIC HEARING:
LEASE OF CITYPROPERTY—FARMERS MARKET
Outside Circle Suite 814 to Chapman's Flowers, Inc., d/b/a Coastal Garden
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
July 5, 2022
40
ITEM— VII.I
FORMAL SESSION AGENDA
ITEM#73030
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 a total of six(6)minutes to speak on all items.
The City Clerk called the following speaker:
Barbara Messner, P. O. Box 514—spoke in OPPOSITION to: Ordinances/Resolutions J: 2, 3a, 4 and 5
and Planning Items K:2 and 4
Upon motion by Council Member Henley, seconded by Council Member Branch, City Council
APPROVED, BY CONSENT, Agenda Items Ordinances/Resolutions J: 2, 3a, 4 and 5 and Planning
Items K:2 and 4
Voting: 7-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, Aaron R. Rouse and
Sabrina D. Wooten
Council Members Absent:
John D. Moss, Guy K Tower and Vice Mayor Rosemary Wilson
J. ORDINANCES/RESOLUTIONS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#3b WILL BE CONSIDERED SEPARATELY
K.PLANNING:
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#3 WILL BE CONSIDERED SEPARA TEL Y
ITEM#5 WILL BE CONSIDERED SEPARATELY
July 5, 2022
41
ITEM— VII.J.1
ORDINANCES/RESOLUTIONS
ITEM#73031
The following registered to speak:
Karen Forget, 3712 Holland Road, Phone: 472-0406, declined to speak
Jim Deppe, 904 General Hill Drive, Phone: 636-1169, declined to speak
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Sara Gerloff, 1332 Starling Court, Phone: 567-2906, spoke in OPPOSITION
Christine Anderson, 4616 Willow Croft Drive, Phone: 703-585-8878, did not respond
Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council
DEFERRED TO SEPTEMBER 6, 2022, Ordinance to ADD Article XVI to City Code Chapter 35 re
establish disposable plastic bag tax (Requested by Council Member Tower) and DIRECTED the City
Manager provide a report on the larger issue of littering to City Council prior to SEPTEMBER 6, 2022,
for discussion during Informal Session.
Voting: 7-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, Aaron R. Rouse and
Sabrina D. Wooten
Council Members Absent:
John D. Moss, Guy K. Tower and Vice Mayor Rosemary Wilson
July 5, 2022
42
ITEM— VII.J.2
ORDINANCES/RESOLUTIONS
ITEM#73032
Upon motion by Council Member Henley, seconded by Council Member Branch, City Council ADOPTED,
BY CONSENT, Ordinance to AUTHORIZE the dedication of a 300 square feet (0.007 acre) Utility
Easement to Dominion Energy Virginia at 2521 Shorehaven Drive re service a City-owned Pump Station
Voting.• 7-0
Council Members Voting Aye.
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, Aaron R. Rouse and
Sabrina D. Wooten
Council Members Absent:
John D. Moss, Guy K. Tower and Vice Mayor Rosemary Wilson
July 5, 2022
1 AN ORDINANCE AUTHORIZING THE DEDICATION
2 OF A 300 SQ. FT. (0.007 ACRE) UTILITY EASEMENT
3 ON CITY PROPERTY LOCATED AT 2521
4 SHOREHAVEN DRIVE TO DOMINION ENERGY
5 VIRGINIA TO SERVE A CITY PUMP STATION
6
7 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land
8 located at 2521 Shorehaven Drive (GPIN: 1499-60-8184), known as Great Neck
9 Park (the "Property");
10
11 WHEREAS, the City also owns an adjacent parcel of land located at 2653
12 Shorehaven Drive (GPIN: 1498-69-7559)that is improved with a City-owned pump
13 station (the "Pump Station");
14
15 WHEREAS, Virginia Electric and Power Company (d/b/a Dominion Energy
16 Virginia) ("Dominion") has requested that the City dedicate a 300+/- sq. ft.
17 easement over a portion of the Property that is adjacent to the Pump Station, as
18 shown on Exhibit A attached hereto (the "Easement"); and
19
20 WHEREAS, the Easement would allow Dominion to underground its electric
21 facilities that service the Pump Station, as part of Dominion's undergrounding
22 program to reduce power outages.
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
25 CITY OF VIRGINIA BEACH, VIRGINIA:
26
27 That the City Manager, or designee, is hereby authorized to execute any
28 documents necessary to dedicate the Easement to Virginia Electric and Power
29 Company (d/b/a Dominion Energy Virginia), as shown on Exhibit A, attached
30 hereto and made a part hereof, and pursuant to such other terms, conditions and
31 modifications as may be acceptable to the City Manager and in a form deemed
32 satisfactory by the City Attorney.
33
34 Adopted by the Council of the City of Virginia Beach, Virginia on the 5 t h
35 day of July , 2022.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY
b
ity At rney bl' Works]:Real Estate
CA15615
\\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d018\p041\00797660.docx
R-1
June 16, 2022
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43
ITEM— VII.J.3a
ORDINANCES/RESOLUTIONS
ITEM#73033
Upon motion by Council Member Henley, seconded by Council Member Branch, City Council ADOPTED,
BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a lease for City-owned
property:
a. known as Outside Circle, Suite 814, at the Farmers Market with
Chapman's Flowers, Inc., d/b/a Coastal Garden for up to five (5)
years
Voting: 7-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, Aaron R. Rouse and
Sabrina D. Wooten
Council Members Absent:
John D. Moss, Guy K. Tower and Vice Mayor Rosemary Wilson
July 5, 2022
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE FOR UP TO 5
3 YEARS WITH CHAPMAN'S FLOWERS, INC., D/B/A/
4 COASTAL GARDENS, FOR CITY-OWNED
5 PROPERTY KNOWN AS OUTSIDE CIRCLE SUITE
6 814, IN THE VIRGINIA BEACH FARMERS MARKET
7
8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of
9 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach,
10 Virginia (the "Farmers Market");
11
12 WHEREAS, Chapman's Flowers, Inc., a Virginia corporation, d/b/a Coastal
13 Gardens ("Coastal Gardens"), would like to enter into a new lease with the City for
14 Outside Circle Suite 814 in the Farmers Market, consisting of 3,156 +/- square feet (the
15 "Premises");
16
17 WHEREAS, the Premises will be utilized for the sale of locally grown vegetable
18 and flower plants; local produce and honey; jams, jellies, sauces and ciders; nautical
19 gifts and seashells; beekeeping equipment; seasonal items; decorative flags, garden
20 statues and related items; and for no other purpose; and
21
22 WHEREAS, Coastal Gardens has agreed to pay the City an initial rental rate of
23 $1,200.00 per month ($14,400.00 per year) for the first year subject to a five percent
24 (5%) annual rent escalation for each renewal year for the use of the Premises.
25
26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
27 OF VIRGINIA BEACH, VIRGINIA:
28
29 That the City Manager is hereby authorized to execute a lease for up to 5 years
30 between Coastal Gardens and the City for the Premises, in accordance with the
31 Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such
32 other terms, conditions or modifications as may be acceptable to the City Manager and
33 in a form deemed satisfactory by the City Attorney.
34
35 Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day of
36 July , 2022.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY AND FORM
ai1/- �� �, /4-!
City Attorney Public Work's/Facilities Management
CA15220
\\vbgov com\dfsl\applications\citylaw\cycom32\wpdocs\d031\p022\00748874 doc
R-1
June 23, 2022
EXHIBIT A
SUMMARY OF TERMS
LEASE FOR OUTSIDE CIRCLE SUITE 814
AT THE VIRGINIA BEACH FARMERS MARKET
LESSOR: City of Virginia Beach
LESSEE: Chapman's Flowers, Inc., a Virginia corporation, d/b/a Coastal
Gardens
PREMISES: Suite 814 consisting of 3,156 +/- square feet
TERM: Initial Term —August 1, 2022 —July 31, 2023 (1 year)
Renewal Term 1—August 1, 2023 —July 31, 2024 (1 year)
Renewal Term 2—August 1, 2024 — July 31, 2025 (1 year)
Renewal Term 3—August 1, 2025— July 31, 2026 (1 year)
Renewal Term 4—August 1, 2026 —July 31, 2027 (1 year)
RENT: Initial rent of$1,200.00 each month totaling $14,400.00 for the first
year, subject to five percent (5%) annual rent escalation for each
renewal year.
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Use Premises for the sale of locally grown vegetable and flower plants; local produce
and honey; jams, jellies, sauces and ciders; nautical gifts and seashells; beekeeping
equipment; seasonal items; decorative flags, garden statues and related items; and
for no other purpose.
• Maintain Premises, including all electrical repairs, heating and air conditioning units
and/or heat pump units, if any.
• Payment of all assessed fees and taxes.
• Purchase and maintain commercial general liability insurance.
RIGHTS AND RESPONSIBILITIES OF CITY:
• Maintain common areas of the Farmers Market and structural elements of the
Premises.
• Provide electrical service.
TERMINATION:
• City has special right to terminate if necessary for a public purpose by giving sixty
(60) days' advance written notice.
• Lessee may terminate by giving ninety (90) days' advance written notice.
44
ITEM— VII.J.3b
ORDINANCES/RESOLUTIONS
ITEM#73034
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Mariam Gennari, 207 4t Street, Phone: 703-309-1600, requested parking include spaces for bicycles
Upon motion by Council Member Branch, seconded by Council Member Rouse, City Council ADOPTED
Ordinance to AUTHORIZE the City Manager to EXECUTE a lease for City-owned property:
b. 4`"Street and Atlantic Avenue with Ocean Water LLCfor one(1)year,
with four(4)one-year renewal options re overflow parking(Deferred
from June 21, 2022)
Voting: 7-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, Aaron R. Rouse and
Sabrina D. Wooten
Council Members Absent:
John D. Moss, Guy K. Tower and Vice Mayor Rosemary Wilson
July 5, 2022
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE OF CITY-
3 OWNED PROPERTY LOCATED AT 4TH STREET
4 AND ATLANTIC AVENUE WITH OCEAN WATER
5 LLC FOR ONE (1) YEAR, WITH FOUR (4) ONE-
6 YEAR RENEWAL OPTIONS
7
8 WHEREAS, the City of Virginia Beach (the "City") is the owner of two
9 parcels of land consisting of approximately 17,507 sq. ft. (0.40 acre), located at
10 the intersection of 4th Street and Atlantic Avenue (GPIN: 2427-22-9617 and
11 2427-22-8656) (collectively, the "Premises");
12
13 WHEREAS, Ocean Water LLC, a Virginia limited liability company,
14 ("Ocean Water") desires to lease the Premises from the City for a term of one (1)
15 year, with four (4) one-year renewal options;
16
17 WHEREAS, Ocean Water has agreed to pay the City $1,957.16 per month
18 ($23,485.92 annually) for the use of the Premises for the initial term, with a three
19 percent(3%) escalation each year thereafter; and
20
21 WHEREAS, the Premises would be utilized as overflow parking for
22 patrons, guests and employees of Waterman's Surfside Grille and Ocean Key
23 Resort and for no other purpose.
24
25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
26 CITY OF VIRGINIA BEACH, VIRGINIA:
27
28 That the City Manager is hereby authorized to execute a lease for the term
29 of one (1) year, with four (4) one-year renewal options, between Ocean Water
30 LLC and the City for the Premises in accordance with the Summary of Terms
31 attached hereto as Exhibit A, and made a part hereof, and such other terms,
32 conditions or modifications as may be acceptable to the City Manager and in a
33 form deemed satisfactory by the City Attorney.
34
35 Adopted by the Council of the City of Virginia Beach, Virginia on the 5 t h
36 day of July , 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
Public Work / rn
Facilities Management
CA15598
\\vbgov.com\dfs 1\applications\ci tylaw\cycom32\wpd ocs\d028\p042\00800597.doc
R-1
June 8, 2022
EXHIBIT A
SUMMARY OF TERMS
LEASE OF CITY-OWNED PROPERTY LOCATED
AT 4TH STREET AND ATLANTIC AVENUE
LESSOR: City of Virginia Beach (the "City").
LESSEE: Ocean Water, LLC
PREMISES: Approximately 17,507 sq. ft. (0.40 acre) of City-owned property located at
the intersection of 4th Street and Atlantic Avenue (GPINs: 2427-22-9617
and 2427-22-8656)
TERM: August 1, 2022 through July 31, 2023, with four(4) one-year renewal
options (the "Term")
RENT: $1,957.16 per month ($23,485.92 annually) for the first year and
escalated by three percent (3%) each year thereafter
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Use the Premises solely for overflow parking for guests, customers and employees
of Waterman's Surfside Grille and Ocean Key Resort, and no other purposes.
• Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and
orderly condition.
• Maintain commercial general liability insurance coverage with policy limits of not less
than one million dollars ($1,000,000) per occurrence, issued by an insurance
company licensed to conduct business in Virginia, and name the City as additional
insured. Lessee shall provide a certificate evidencing the existence of such
insurance.
• Assume full responsibility and liability for any and all damages to persons or property
caused by any act or omission of the Lessee or its agents, etc. associated with the
use of the Premises.
• Comply with all applicable laws, ordinances, and regulations in the performance of its
obligations under the Lease.
RIGHTS AND RESPONSIBILITIES OF LESSOR:
• Access to the Premises at any time, without prior notice, in the event of an
emergency.
• The right to require Lessee to surrender possession and control of the Premises to
the City upon forty-eight (48) hours' written notice, if needed for a public purpose.
TERMINATION:
• The City may terminate the Lease for any reason, upon ninety (90) days' written
notice.
45
ITEM— VILJ.4
ORDINANCES/RESOLUTIONS
ITEM#73035
Upon motion by Council Member Henley, seconded by Council Member Branch, City Council ADOPTED,
BY CONSENT,Resolution to APPOINT Nell Ford as Associate City Attorney, effective July 28, 2022
Voting: 7-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, Aaron R. Rouse and
Sabrina D. Wooten
Council Members Absent:
John D. Moss, Guy K. Tower and Vice Mayor Rosemary Wilson
July 5, 2022
1 A RESOLUTION APPOINTING NELL FORD TO THE
2 POSITION OF ASSOCIATE CITY ATTORNEY
3
4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA:
6
7 That pursuant to § 2-166 of the City Code, Nell Ford is hereby appointed to the
8 position of Associate City Attorney, effective July 28, 2022.
9
10 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 t h day of
11 July , 2022.
APPROVED AS TO CONTENT AND
LEGAL SUFFICIENCY:
Mark D. Stiles, City Attorney
CA15856
R-1
June 14, 2022
46
ITEM— VII.J.5
ORDINANCES/RESOLUTIONS
ITEM#73036
Upon motion by Council Member Henley, seconded by Council Member Branch, City Council ADOPTED,
BY CONSENT, Resolution to RENEW a permit to ALLOW Delta Medical Transport, Inc. to operate in
the City
Voting: 7-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, Aaron R. Rouse and
Sabrina D. Wooten
Council Members Absent:
John D. Moss, Guy K. Tower and Vice Mayor Rosemary Wilson
July 5, 2022
1 A RESOLUTION TO RENEW A PERMIT ALLOWING DELTA
2 MEDICAL TRANSPORT, INC.TO OPERATE IN THE CITY OF
3 VIRGINIA BEACH
4
5 WHEREAS, pursuant to City Code Section 10.5-2,any organization that operates an
6 emergency medical services agency or any emergency medical services vehicle within the
7 City must first obtain a permit from City Council, and such permits must be renewed on a
8 biannual basis; and
9
10 WHEREAS, an application for permit renewal has been received from Delta Medical
11 Transport, Inc.; and
12
13 WHEREAS, the above-listed private ambulance agency performs services not
14 provided by the City's volunteer rescue squads, such as non-emergency inter-facility
15 transports, which include both basic and advance life support calls.
16
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
18 VIRGINIA BEACH;
19
20 1. That the City Council hereby grants a renewed permit to Delta Medical
21 Transport, Inc.; and
22
23 2. That this permit shall be effective from July 1, 2022 to June 30, 2024; and
24
25 This ordinance goes into effect July 1, 2022.
Adopted by the City Council of the City of Virginia Beach, Virginia,on this 5 t h day
of ,July , 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
E rgency Me al S ices City Attorney's Office
CA 15859
R-1
June 21, 2022
47
ITEM— VII.K.1
PLANNING
ITEM#73037
The following registered to speak:
Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Ernest Docs, 509 18th Street, Phone: 300-7669, spoke in OPPOSITION
Upon motion by Council Member Branch, seconded by Council Member Holcomb, City Council
APPROVED, AS CONDITIONED, Application of HENDRICKS FAMILY DENTISTRY, PC /
CLAYBORN PROPERTIES,LLC for a Change in Nonconformity re expansion of dental office at 737
Little Neck Road DISTRICT 8(Formerly District 5—Lynnhaven)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
HENDRICKS FAMILY DENTISTRY, PC / CLAYBORN
PROPERTIES, LLC for a Change in Nonconformity re
expansion of dental office at 737 Little Neck Road DISTRICT 8
(GPIN 1488803791) (formerly District 5—Lynnhaven)
The following conditions shall be required:
1. All conditions attached to the previous Nonconforming Use application granted on
January 23, 2007, are hereby deleted and superseded by the following conditions.
2. The proposed enlargement shall be developed substantially as depicted on the conceptual
site plan entitled "OFFICE EXPANSION— Dr. A. Clayborn Hendricks, D.D.S", dated
October 4, 2021,prepared by Gallup Surveyors&Engineers, which has been exhibited to
the Virginia Beach City Council and is on file in the Department of Planning&Community
Development.
3. The exterior of the proposed building expansion shall substantially adhere in appearance,
size, materials to the submitted elevations entitled "Hendricks Family Dentistry — 737
Little Neck Road", dated August 31, 2021,prepared by Hendrix&Anderson Architects,
which has been exhibited to the Virginia Beach City Council is on file in the Department
of Planning& Community Development.
4. The roll-out dumpster on the property shall be dumped only between the hours of 7:30 a.m.
and 8:30 a.m. and after business hours between the hours of 5:30 p.m. and 8:00 p.m., when
the dental office is closed for business.
5. All existing landscape screening on the property shall be maintained.
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 5th day of July Two Thousand
Twenty Two.
July 5, 2022
48
ITEM— VILK.1
PLANNING
ITEM#73037
(Continued)
Voting: 7-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, Aaron R. Rouse and
Sabrina D. Wooten
Council Members Absent:
John D. Moss, Guy K. Tower and Vice Mayor Rosemary Wilson
July 5, 2022
1 A RESOLUTION AUTHORIZING AN EXPANSION OF A
2 NONCONFORMING USE ON PROPERTY LOCATED AT
3 737 LITTLE NECK ROAD
4
5 WHEREAS, Hendricks Family Dentistry, PC (the "Applicant") has made application
6 to the City Council for authorization to expand the structure containing the dental practice
7 at 737 Little Neck Road and zoned R-5D Residential Zoning District with the expansion
8 of the structure containing the dental practice;
9
10 WHEREAS, this parcel currently contains a structure which contains a dental
11 practice, which is not allowed in the R-5D Zoning District, but the use was started prior to
12 the adoption of the applicable zoning regulations making it illegal and is therefore
13 nonconforming;
14
15 WHEREAS, the Planning Commission of the City of Virginia Beach recommended
16 approval of this application on June 8, 2022; and
17
18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion
19 of a nonconforming structure is unlawful in the absence of a resolution of the City Council
20 authorizing such action upon a finding that the proposed structure as expanded will be
21 equally appropriate or more appropriate to the zoning district than is the existing structure.
22
23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25
26 That the City Council hereby finds that the proposed structure containing the dental
27 practice as expanded, will be equally appropriate to the district as is the existing structure
28 containing the dental practice under the conditions of approval set forth herein below.
29
30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
31 BEACH, VIRGINIA:
32
33 That the expansion of the structure containing the dental practice is hereby
34 authorized, upon the following conditions:
35
36 1. All conditions attached to the previous Nonconforming Use application granted
37 on January 23, 2007, are hereby deleted and superseded by the following
38 conditions.
39
40 2. The proposed enlargement shall be developed substantially as depicted on the
41 conceptual site plan entitled "OFFICE EXPANSION — Dr. A. Clayborn Hendricks,
42 D.D.S", dated October 4, 2021, prepared by Gallup Surveyors & Engineers,
43 which has been exhibited to the Virginia Beach City Council and is on file in the
44 Department of Planning & Community Development.
45
46 3. The exterior of the proposed building expansion shall substantially adhere in
47 appearance, size, materials to the submitted elevations entitled "Hendricks
48 Family Dentistry-737 Little Neck Road,"dated August 31, 2021, prepared by
49 Hendrix & Anderson Architects, which has been exhibited to the Virginia Beach
50 City Council and is on file in the Department of Planning & Community
51 Development.
52
53 4. The roll-out dumpster on the property shall be dumped only between the hours of
54 7:30 a.m. and 8:30 a.m. and after business hours between the hours of 5:30 p.m.
55 and 8:00 p.m., when the dental office is closed for business.
56
57 5. All existing landscape screening on the property shall be maintained.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 t h day
of _j i X , 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Planning a Comm nity City Attorney's Office
Development
CA15852
R-1
June 3, 2022
2
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r Building
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49
ITEM— VII.K.2
PLANNING
ITEM#73038
Upon motion by Council Member Henley, seconded by Council Member Branch, City Council
APPROVED, AS CONDITIONED, BY CONSENT, Application of ALEXIS MORALES-CRUZ /
EDWIN& ALEXIS CRUZ for a Conditional Use Permit re family day-care home at 3049 Barberry
Lane DISTRICT 2(Formerly District 7—Princess Anne)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ALEXIS MORALES-CRUZ/EDWIN& ALEXIS CRUZ for a
Conditional Use Permit re family day-care home at 3049
Barberry Lane DISTRICT 2 (GPIN 1495304965) (formerly
District 7-Princess Anne)
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 arrival and departure times shall be staggered to avoid vehicular congestion.
6. 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.
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 façade 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.
July 5, 2022
50
ITEM— VII.K.2
PLANNING
ITEM#73038
(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 5th day of July Two Thousand
Twenty Two.
Voting: 7-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, Aaron R. Rouse and
Sabrina D. Wooten
Council Members Absent:
John D. Moss, Guy K. Tower and Vice Mayor Rosemary Wilson
July 5, 2022
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Building - Feet
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51
ITEM— VII.K.3
PLANNING
ITEM#73039
The following registered to speak:
Larry Roth,Applicant, 411 Boush Street, Norfolk, Phone: 813-810-0479, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Ernest Docs, 509 18th Street, Phone: 300-7669, spoke in OPPOSITION
Upon motion by Council Member Branch, seconded by Council Member Rouse, City Council
APPROVED, AS CONDITIONED, Application of THE HERTZ CORPORATION / REGENCY
HILLTOP ASSOCIATES for a Conditional Use Permit re motor vehicle rentals at 1940 Laskin Road,
Suite 308 DISTRICT 6(Formerly District 6—Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
THE HERTZ CORPORATION / REGENCY HILLTOP
ASSOCIATES for a Conditional Use Permit re motor vehicle
rentals at 1940 Laskin Road, Suite 308 DISTRICT 6 (GPIN
24073871030) (Formerly District 6—Beach)
The following conditions shall be required:
1. The total number of vehicles displayed for rent shall be limited to a total of ten (10) cars,
SUVs, and small and medium pickup trucks.
2. No more than ten (10) vehicles for the purpose of renting shall be allowed on the site at
any one time. Rental cars shall be located only in the area on the site that has been
designated on the exhibit entitled, "Site Plan—Regency Hilltop Shopping Center—Virginia
Beach, Virginia 23454",prepared by S.L. Nusbaum Realty Co., which has been exhibited
to the Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning.
3. The rental of box trucks, moving vans, trailers,and heavy duty pickup trucks are prohibited
at this site.
4. 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. There shall be no signs which 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. There shall be no portable
or nonstructural signs, or electronic display signs on the site.
6. Vehicles shall be parked in the designated parking spaces and no vehicles shall be parked
within any portion of the public right-of-way.
July 5, 2022
52
ITEM— VII.K.3
PLANNING
ITEM#73039
(Continued)
7. No maintenance, auto repair, or service of motor vehicles shall be permitted on site.
8. All rental vehicles associated with this request shall not be detailed, washed, or cleaned
on-site.
9. There shall be no storage of tires, merchandise, or debris of any kind outside of the
building.
10. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site.
11. There shall be no outside audio speakers for any purpose.
12. 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 properties.
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 5th day of July Two Thousand
Twenty Two.
Voting: 7-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, Aaron R. Rouse and
Sabrina D. Wooten
Council Members Absent:
John D. Moss, Guy K. Tower and Vice Mayor Rosemary Wilson
July 5, 2022
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53
ITEM— VILK4
PLANNING
ITEM#73040
Upon motion by Council Member Henley, seconded by Council Member Branch, City Council
APPROVED, AS CONDITIONED, BY CONSENT, Application of EYES ON YOU ARTISTRY BY
BREONA AU'NICE,LLC/DIAMOND SPRINGS SHOPPES ASSOCIATES,LLP for a Conditional
Use Permit re tattoo parlor at 1270 Diamond Springs Road, Suite 113 DISTRICT 9(Formerly District 2
—Kempsville)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
EYES ON YOU ARTISTRY BY BREONA AU'NICE, LLC/
DIAMOND SPRINGS SHOPPES ASSOCIATES, LLP for a
Conditional Use Permit re tattoo parlor at 1270 Diamond Springs
Road, Suite 113 DISTRICT 9 (GPIN 146820114) (Formerly
District 2—Kempsville)
The following conditions shall be required:
1. A business license for the Tattoo Parlor shall not be issued to the applicant without the
approval of the Health Department to ensure consistency with the provisions of Chapter
23-51 of the City Code.
2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a
tattooing technique used in the application of permanent make-up. No other form of
tattooing shall be permitted.
3. The actual application of permanent make-up shall not be visible from the exterior of the
establishment or from the waiting and sales area within the establishment.
4. All signage on the site must be in accordance with the sign regulations of the Zoning
Ordinance.A separate sign permit shall be obtained from the Planning Department for the
installation of any new signs.
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 5th day of July Two Thousand
Twenty Two.
Voting: 7-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, Aaron R. Rouse and
Sabrina D. Wooten
Council Members Absent:
John D. Moss, Guy K. Tower and Vice Mayor Rosemary Wilson
July 5, 2022
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Building Feet
0 2040 80 120 160 200 240
54
ITEM— VII.K.5
PLANNING
ITEM#73041
The following registered to speak:
Cheryl Scott,Applicant, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Ernest Docs, 50918`"Street, Phone: 300-7669, spoke in OPPOSITION
Upon motion by Council Member Branch, seconded by Council Member Rouse, City Council
APPROVED, AS CONDITIONED, Application of CHERYL SCOTT / PEMBROKE NORTH
ASSOCIATES, LLC for a Conditional Use Permit re tattoo parlor at 544 Independence Boulevard
DISTRICT 9(Formerly District 4—Bayside)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
CHERYL SCOTT/PEMBROKE NORTH ASSOCIATES,LLC
for a Conditional Use Permit re tattoo parlor at 544 Independence
Boulevard DISTRICT 9 (GPIN 1477485260) (Formerly District
4—Bayside)
The following conditions shall be required:
1. A business license for the Tattoo Parlor shall not be issued to the applicant without the
approval of the Health Department to ensure consistency with the provisions of Chapter
23-51 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 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 5`" day of July Two Thousand
Twenty Two.
Voting: 7-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, Aaron R. Rouse and
Sabrina D. Wooten
Council Members Absent:
John D. Moss, Guy K. Tower and Vice Mayor Rosemary Wilson
July 5, 2022
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55
ITEM— VLN
APPOINTMENTS
ITEM#73042
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
2040 VISION TO ACTION COMMUNITY COALITION
ACTIVE TRANSPORTATION ADVISORY COMMITTEE
AGRICULTURAL ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
BOARD OF BUILDING CODE APPEALS
CLEAN COMMUNITY COMMISSION
COMMUNITY SERVICES BOARD
FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD
HEALTH SERVICES ADVISORYBOARD
HUMAN RIGHTS COMMISSION
INDEPENDENT CITIZEN REVIEW BOARD
OLD BEACH DESIGN REVIEW COMMITTEE
OPEN SPACE ADVISORY COMMITTEE
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
SOCIAL SERVICES ADVISORYBOARD
STORMWATER APPEALS BOARD
TA/ITA CITIZENS ADVISORY COMMITTEE
URBAN AGRICULTURE ADVISORY COMMITTEE
WETLANDS BOARD
July 5, 2022
56
UNFINISHED BUSINESS
ITEM#73043
Council Member Rouse wanted to remind citizens that fireworks are illegal in the City and asked for all
to be considerate of military veterans suffering from post-traumatic stress syndrome(PTSD) and animals
who may be affected by the sounds of fireworks.
July 5, 2022
57
ADJOURNMENT
ITEM#73044
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7:40 P.M.
Terri H. Chelius
Chief Deputy City Clerk
441
Amanda Barnes,MMC Robert M. Dyer
City Clerk Mayor
July 5, 2022
58
OPEN DIALOGUE
Barbara Messner, P. O. Box 514, spoke concerning City Council appointive agencies.
LaTonya "Auntie Advocate"Snow,Phone: 632-5697,spoke concerning gun violence and requested to have
Open Dialogue televised.
Elisheba Harris, 727 Stanwix Square, Norfolk, Phone: 399-9439, spoke concerning her previous request
for a memorial for DeShayla Harris.
Sheri Johnson, 1240 Christian Court, Phone: 515-2563, spoke concerning gun violence and the shooting
of her nephew, Jawan Johnson.
Cat Porterfield, 219 57th Street, Phone: 323-6430, spoke concerning gun violence in the City.
Jay Boone, Phone: 613-6971, requested City Council work with other organizations in the community who
are working to address gun violence in the City.
Klalil Cribb, 551 Woodall Court, Phone: 344-0880, did not respond
ADJOURNED at 8:02 P.M.
July 5, 2022