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HomeMy WebLinkAboutJULY 5, 2022 FORMAL SESSION MINUTES r.N]A;$ .,.! ,\,.....„..,. ...,. _04:1 3 7 1,11,_ (kz::::- Ail 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 G9 Q,I A, l"r of OUR NAn�NS \lig()V.com 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 0.1.1 1AtBF'4C 4 CS4c % City Of Virgins a Beach 1 V 14, �A Z S Op oU'��RoNS sip n.com 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 itr ' )� c1 Of Vlr' 1_Y11a Beach \LLIe..1,..,se 4- itig 0 OF OUR NA'���N '-Bgin.wo 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: • la ace..Anna.Ba•,.aa eye Stk., _. 6 F tl 411111.Br.rri.6 C,.:,R.p:aerr.er.P.e:.r.: Rgetal prKam.:rriae I r S..Ear:MA i�,� Mlrr.re...mg.',art,.Prope.r 4.0.46HIC* Aware �- + 1 NM a.1W. 11K.a•,7.LL..Y,NPtipr � 3 MOM A. 31 Ds...r Ku.L11.r1ralkyrrl ewr rw 1 ' p.a..eKue I. .ho nrrrrim arrow rrrrr p..e.eti•e•A•ee Y acA.Ae rrrrr r�fr<irre r sawn . + ? .., S Ayer a MI p1r trr ad A Werae u...i r.f Rnp..Rarer of%Ltlerl AM•a 1lAstdM _ 's e D,Trrr30.w:1 NM.Cerpdy'.aprr 21...h.., r 5 lrf 34:OC: i Us i re newt Mr garb"p7ri lYYrem ' F . 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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" �` • Schedule11411 �"�` La C...1.E!li • 20M . .W I> 2049 ,� r.T�T_. 2U37 NNW[3 I. :OJE el TRO 2M t.t.a ES OM X. TIC 2052 We MS OW 205E kl T110 708, • .MS 1969 NEE : TID 2072 •IN 111, 207s NI TEO XIS yrwwwl VS 1974 2091 117 IUC 2090 Lin.ES 1975 :VW IN TM 9091 f b An FS 1975 209E 120 1 2097 ietwa tS 1909 209E VS TIO OWES 1.7E 2112 124 T. The next two (2)slides provide an overview of PPEA RFP#5083: PPEA RFP#5083- - Request for Conceptual & Detailed Proposals _ PUT Students Ftrst.Seek(:r:n;•e k::::..1n!'h.mnr YR1GDt1A Ex�d Do(,2242 Wrnk T:.n' T. , twr r.1..,c.ta.oau VIRGINIA IrEACH C IT V AI SLIE SC 110015 REA REQIT.AT FOR DETAILED PROM IN 11. ., WIN r MY+tt New.. VW Wove Mow lbw. ` Jt�twLC1l CtT i\E.0:U10tN!Ab.••..••.•....___.. Rows VGA.I/,1IN OW h9Wet'!'IX 11'2 WowMOW..•wowweV tre rEtwor 4Itww AAA►...we—w•l•• . . O1►N ....ow, .•..•Ow, 1110^u—Ib w.Ao ., Cur wtMtp b • 1 Yt M DV N W AAD OF FN[t11101 1It.1 U tl 1A1.11 OV I t W V I G .441u VL.AIE wW411UtY1tA.tD t1.41WI1Vl. L. e ,1,11 Wit Waw.1!,1.21 TP RI 41•40 Ws eaw^a lot...WTI VweL lt.lttl .. t WNW 11W 2wFa S M01 I TR\IV.T OM FR Dolt A.wrM... RIt• _ jWM RIPEHI\OFID01 F"sI FOR PROPOSAI.• NO.Dot l'NF\T 00,T1TI TT.t MA t.l.4 PK 4 V UFO WI 0110 P•opo4 11. = ,14t.o 111011 424 LLtlttD 14.VA AL•OD OR OW 4•11, f TOO,10111o1 WI 1 o 1111 MR IAWIL.11w 1Y1111•:44110/ls 10A IRS 411/yLU DLA4114111 r1 YIN AWOL'WIWI Pi( NH FOLLOW,W TIOI W•1 K LXE011LD AID 1,17 n 44 11 111•At/t t• .nA w,- —_ tLLftLH�i4t/1tO 1/MRtVW41 • 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 ' t t •j (3 - ' -iiiiiik 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 W.1..�.OIHr.► r,fyN MD WOI�OYNO w....iM 1.1 v Mom.+...._... .Y).. 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 -' / \ •-_`'\. (-‘ ,.., -,.. ......„,,,,,,s ,. , ,r..•• :. 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 " ., , „ . 1.0kf*/ - i \ •` s .ww • .lit ' \ ': / ....„•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 t� a: '*':k_ 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 /, 40 fork , - ,y A' .� 3 jt.+k •- 4 ,ailk-SU , te 'i pi* 5..i. . . 4 •...,, 4„ 4,)-.,, -<.,:4111k.‘ ., ..- .4.. 1. __ 1. 4 rc,! , . ..,. ‘- i ' % {t„,› ' 4, , e ._. _,_: PA' S& 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. 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SB.00L l� 1 L000 OOC 1N3W3SV3 VWI091A 4 } 1WHISIIDIIl X03 3.CO C►.SL S AO'90L SW Ill A'J93N3 NOLWYI00 AL AO 91 M.A9Ab.9L N it I i►9L LJ ►Lt£0OL OW'OLOf L`9TkiVd AOOL M ZOf1.CLS Ll 3nt1fON00�d 4 ke,, 4 3 SZ SC.Z9 s C9 EL bL 9 .9L9L.99 Arai ,0 NOLL110d Y dOlVfll7193U -� rK/y l 0*419V30 090H3 090143 ►N309*1 Y1170 0090Y2l JLY 3Aw19 93rmmt! 131J Amos-- ,..,_.... 1371htd �„6•. S�NY1sa oNI9Y39 3P91 . f �� 318Y13A21fO 31AV1 MJtl11 "'W" -- -- 318d13N11 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 </N> , • 'R10 41Np, ° ° • < 6 ) o c'_ Y vY s a L m,,N / W # / / / / „ ' N * 9:5----- , O� i / N 0 4:) Go / ' : o / N Iry ,+ - / , . // , •% , / .`� R5D % R10o� 0 N V / i /�% 4* , /S # / , --- i * / 7/ / / N * N / / N N4W / / / if ^V** ° '0< -/NiN . 0 N &) , V, * /// . rA Site W � E Hendricks Family Dentistry, PC .4, Property Polygons s Zoning 737 Little Neck Road r Building Feet 0 2040 80 120 160 200 240 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 _______----- ' \ 11111---- ,0 - Ili gi j5D • 07111116111111111P 11,4, , i R5D � SD N , o AG2 , C:7 Li-L 0 0 0 x 1,751:11 , ' 0 io r__!"_r_ 0 , IcJcs:,/ ii_, o ED 1 0 6o_r ____ ___________ , i --______:-/------ , ---'-:____,--- \ V . <> '‘ B"7-//1 3 EJ110 0 rarberry-L-ane v p L j \ 'c .\\ Rsb - ;4, ° n - / -ICI C1- 11111 cR5EP „-.. ,0\ ve 0 . 0 o �� a , >, i� R5D 0 �c'� :V d r 0 . 1 0 \10\ 7 . 17 <51\ 0 0 e� o .. - �6.� _____-,-403--7n --,. ''''2? ,_____ -,cD 0, , . \ 0 \o• 0 \\,, ., ____,, ____y ' \,..(-\IRI7 4:,4\. 0. % R 5 D Iw\�� co .i/ 0��oo \ ,---ro �/� 0 \ ,v --* is 1r <> . 7� , / AL -- • N •�� Site w4 E Alexis Morales-Cruz �J. Property Polygons S Zoning 3049 Barberry Lane Building - Feet 0 2040 80 120 160 200 240 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 0178 OOL 099 OZ17 08Z O1IOL 0 fiuippn8 80£ a�ins `pe0J uiIss1 01761, s 6uiuoz suo6Alod Apadoad _,`,, uogeiodaoo zpaH aul N.V.nn an re A N \‘' - tiN-i -) I m N , Atv- , prii_ 0 Ne9j/// / ,c,s, Q E fll-u, maim [(\ w, U \ % ZIN 6 8 IN d J 4 o Z8 4e • S,\\,,,,en_1�1 / it/ 0 % c---' ' ' 6 0 u \*,c\i/p /400/ ' ': %. \ , . v_ ? 0 < ,, , \7 *,/,/r1., N.,,,,, 9,7.8 co 0 • \-,z13 z /c . .'N, x :g r--- 77- /- o Pi \ - Q ---- o l - ,...,, , o _ 9„-o . '( ',F ff \ �% 0 7 n,,,„ l ib ZI •-Z8 ZIE1 Q 5U i Z8 4 ' --LE3‘ .° a / , • , , , ,. • -0. .. .1 i ti ,------- "--\ �!4 r1 1� - 0 _L_ _V_---L—_,_—2_-n---O oU elA- ..e.--t cS-l--U---I--L-U--i--t5pI—a q;S1i i Grrk M—mii 4x-=-.------- *0a-----) -/1i1,,,,0,1 84_6,J=IN1 8 I,d r- . 1 7 .�Q�a,1• - --o--C--?------ gi,-v 0IJ::p A QID DaJ97,o-§-!-Uuu7,1i1c L_I:)2ri4L:1-„-:1,-.3 0,uF\E\I' uauisah ,Q d- auehaa J ii.tf 8 IN tiv — - 9,7-14- - 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 I W , '\ \ ' \ // ' \ 46,/ //' 0 \ ,e/ B2 \ 5`c‘e�`4/ � R40� \ R40 \ \' \ \ \ ' 0 O\ ��',x B'22 � ., \ AO 0, ,s.,\ , „\\ ,s,,t\, \ 4. O. \ \ ----- Al �' �o �40 .\ � R5D L //- co -v_ \\‘ \--\ \ ' 7 r A Site w 74v is Property Polygons Eyes On You Artistry By Breona Au'nice, LLC �' S O Zoning 1270 Diamond Springs Road, Suite 113 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 .,-, -....., - Lr),-\ VI ,„. 0= ( -- 0 r .., ‘\\ z :Tr.4. 7. - a) ‘7, i i ri000--__ 174 LCSI N 0 I:301 I I I [_ 79_i I D • . 11) I "0 L - - -N _ .„-c-Ito C: \ ti- S ,- CO --- \. I : �ti L Q o 11P:C:1 1 ♦- - 0 '\. I Lcr,; O , \ 0 N- "C i Q i r Li —LI cti It (7' ir) . - _ . w glafte 12-j , I4-1- D t, 0 2L, _ / i r, i E:=1 , 1pco 0 eoi an o . 7 T,' 43 .1\ r a) c N' / ' cb . i iN a) ). CO C4 paana Inoe a3ua pua in \ dapu I ri,/ W/. -- _ _ v.r -']Ilia It' a in do 111-7 J P. 0 11/1 ---, , m a) ...r, cm>, co/ peo�=ua a nui i lay �f W 0 .W >, ! I '..* TY n i r;_y 0 ru-=]ri--, • c U ce. u 0 I(10 ° IN.I' all ' o = 4 0 L01 1-- ' o gi—Li ik: .4 .c, LLo 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