HomeMy WebLinkAboutAUGUST 9, 2022 FORMAL SESSION MINUTES `ri-P.
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 9, 2022
Mayor Robert M.Dyer called to order the CITY COUNCIL MEETING in the City Council Chamber, City
Hall, on Tuesday, August 9, 2022, at 1:31 P.M
Council Members Present:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, N. D.
"Rocky"Holcomb,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice
Mayor Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
Barbara M. Henley—Arrived at 1:38 P.M.
2
CITY COUNCIL'S BRIEFING
MAYOR'S TASK FORCE FOR YOUTH VIOLENCE PREVENTION
ITEM#73090
1:32 P.M.
Mayor Dyer welcomed James A. Cervera, Co-Chair. Mr. Cervera his appreciation to City Council for
their continued support. Mr. Cervera advised he and Pastor Michael Daniels, retired Pastor of Enoch
Baptist Church, were asked by Mayor Dyer and Vice Mayor Wilson to serve as Co-Chairs to this Task
Force to determine the scope and extent of violent crime in the City and present recommendations on both
short and long term responses from City leadership and the community.
Mr. Cervera advised an initial meeting with Department Directors from Police, Commonwealth Attorney's
Office, Human Services, Schools,Juvenile Intake and Detention, Parks and Recreation, Libraries and City
Manager's Office was held to obtain a starting point as to why young people engage in violent crime and
what preventive programs and initiatives are in place. Mr. Cervera advised next, he and Pastor Daniels
will hold a series of community input discussions to gain their feedback on issues they see and their
recommendations.
Mr. Cervera advised this issue encompasses all of Hampton Roads and will take a long term commitment
to determine the best solutions to address variables such as mental health, social institutions, attachment
theory, modeling theory and individual choices. Mr. Cervera advised he and Pastor Daniels will provide
City Council an update in September with specific information on the Task Forces' progression and
potential next steps.
Mayor Dyer expressed his appreciation to Mr. Cervera for the briefing.
August 9, 2022
3
ITEM-H
PUBLIC COMMENT -
ITEM#73091
Mayor Dyer DECLARED a PUBLIC COMMENT:
BAYSIDE COUNCIL SEAT VACANCY
The following registered to speak:
Barbara Messner, P. O. Box 514, did not respond
David Redmond, 1453 Ewell Road, Phone: 215-5302, spoke in SUPPORT of Ronald Ripley
Nancy Rogan, 5200 Hampton Boulevard, Norfolk, Phone: 889-9410, spoke in SUPPORT of Charlotte Zito
Maddie Brooks, 522 Redgate Avenue,Norfolk, Phone: 685-3460, spoke in SUPPORT of Charlotte Zito
Grayson Bryant, 1585 Wesleyan Drive, Phone: 805-280-5989, spoke in SUPPORT of Charlotte Zito
Vanessa Yearick, 1585 Wesleyan Drive, Phone: 917-583-6085, spoke in SUPPORT of Charlotte Zito
David Kidd, 1585 Wesleyan Drive, Phone: 383-5879, spoke in SUPPORT of Charlotte Zito
Lacy Shirey, 1149 New Mill Drive, Chesapeake, Phone:282-6428, spoke in SUPPORT of Charlotte Zito
Sophie Wilson, 3900 Old Shell Road, Phone: 708-2842, spoke in SUPPORT of Charlotte Zito
Conrad Schesventer, 1811 Sedley Road, Phone: 719-2113, spoke in SUPPORT of Charlotte Zito and
Delceno Miles
Scott Flax, 1623 Thalia Point Road, Phone: 353-1539, spoke in SUPPORT of Charlotte Zito
Salvatore DaBiero, 4730 Post Oak Drive, Phone: 512-4120, spoke in SUPPORT of Delceno Miles
Gilbert T. Bland, 3384 Herons Gate, Phone: 971-0543, spoke in SUPPORT of Dekeno Miles
Scott Miller, 5817 Wesleyan Drive, spoke in SUPPORT of Delceno Miles
Woodie Russell Turner, 2242 Russet Leaf Lane, Phone: 427-0337, spoke in SUPPORT of Dekeno Miles
Jacqueline Morgan Francis, 6308 Lamplight Court. Suffolk, Phone: 774-3801, spoke in SUPPORT of
Delceno Miles
Carla Bailey, 1900 Commonwealth Place, Suite 200-227,Phone:971-9988, spoke in SUPPORT of Delceno
Miles
Paul Merritt, 2697 Mulberry Loop, Phone:286-2461, spoke in SUPPORT of Dekeno Miles
Thadd Hunter, 6514 Harbour Pointe Drive, Phone: 515-4106, spoke in SUPPORT of Delceno Miles
Curran Hunter, 6524 Albright Drive, Phone: 270-8066, spoke in SUPPORT of Delceno Miles
Dorcas Helfant-Browning, 1502 Viking Drive#100,Phone:463-1212,spoke in SUPPORT of Delceno Miles
Bryan Stephens101 West Main Street,Norfolk 645-5410 spoke in SUPPORT of Delceno Miles
Bruce Meyer, 8506 B Atlantic Avenue, Phone: 717-5274, spoke in SUPPORT of Dekeno Miles
Connie Meyer, 8506 B Atlantic Avenue, Phone: 717-3876, spoke in SUPPORT of Delceno Miles
Jay Bernas, 516 Hunts Pointe Drive, Phone: 343-4924, spoke in SUPPORT of Dekeno Miles
Don Horsley, 3169 Land of Promise Road, Phone: 421-3625, spoke in SUPPORT of Ronald Ripley
Lisa Baehre, 2500 Baltic Avenue, Phone: 803-2025, spoke in SUPPORT of Ronald Ripley
Jeanne Evans-Cox, 210 B 74`h Street, Phone: 639-9778, spoke in SUPPORT of Ronald Ripley
Carl Wright, 1144 Mondrian Loop, Phone: 235-5596, spoke in SUPPORT of Dekeno Miles
Hannah Sobol, 829 Moultrie Court, Phone: 252-904-8224, spoke in SUPPORT of Charlotte Zito
Uday Khambhammettu, Phone: 858-431-6121, spoke in SUPPORT of Charlotte Zito
Linda Garris-Bright, Phone: 1589-1669, spoke in SUPPORT of Delceno Miles
There being no additional speakers, Mayor Dyer CLOSED the PUBLIC COMMENT
August 9, 2022
4
CITY COUNCIL LIAISON REPORTS
ITEM#73092
3:17P.M.
There were no City Council Liaison Reports.
August 9, 2022
5
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#73093
3:20 P.M.
Council Member Branch advised he and Council Member Holcomb were asked to look at security issues
at the Judicial Center and have provided information for the Body to review. Council Member Branch
expressed he is hopeful to have a presentation provided to the Body at the next City Council Meeting and
have the matter voted on.
Council Member Moss advised he reviewed the information and has provided his questions to the City
Manager.
August 9, 2022
6
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#73094
(Continued)
Council Member Moss advised he has two items he will be adding to this year's legislative package which
he would like to highlight;the first is to propose a Charter amendment to require a Special District Election
to replace the current process of the Body appointing a Council Member to fill a City Council District
vacancy and the second item is to repeal the 1.5%local food sales tax.
August 9, 2022
7
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#73095
(Continued)
Council Member Rouse advised he recently became aware of a conversation among the Body which he and
Council Members Tower and Wooten were all excluded from concerning the results of the Holloway case.
Council Member Rouse advised the case was based on two (2) black Americans who challenged the merits
of the City's election system and was adjudicated by Judge Jackson, who ruled in favor of the plaintiffs and
found the City to have a history of discrimination with a disproportionate impact in the minority community.
Council Member Rouse advised the City appealed the decision, taking the case to the 4`'' Circuit Court of
Appeals who vacated Judge Jackson's ruling since the state passed House Bill 2198 - Voting Rights Act,
which changed at large voting. Council Member Rouse advised after Mayor Dyer, Vice Mayor Wilson and
a majority of the Body had a discussion concerning an issue vitally important to the City without the input
of the only two (2) racial minorities on City Council, he held an emergency meeting at New Hope Baptist
Church to inform the public of their voting rights and the new election system. Council Member Rouse
expressed his appreciation to Pastor Cox for opening his church to hold the community meeting, others
who came to provide information as well as all of the citizens who attended.
Council Member Wooten expressed her appreciation to Council Member Rouse for bringing up this issue
as it is important and impacts constituents in the community, adding, this issue happened behind closed
doors and would not have been known had it not been for Council Member Rouse bringing it forward.
August 9, 2022
8
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#73096
(Continued)
Council Member Moss advised he has a meeting planned with City Manager Duhaney and Director Hansen
of Public Works to discuss water levels in the City lakes to determine the possible cause of degradation.
August 9, 2022
9
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#73097
(Continued)
Council Member Berlucchi advised tonight's Agenda includes a Resolution to Declare August 31, 2022, as
International Overdose Awareness Day. Council Member Berlucchi advised he was asked by families who
have lost loved ones due to an accidental overdose to bring this forward to help bring awareness to this
issue. Council Member Berlucchi advised victims of substance abuse, addiction and overdoses affect the
victim's family and friends who often times suffer in silence due to the shame and stigma surrounding their
loved one's death and is hopeful by bringing awareness to this epidemic, it will help reduce the number of
victims in the future.
•
August 9, 2022
10
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#73098
(Continued)
Council Member Wooten advised she will leave tonight's Council Meeting early due to a previous
professional business commitment that she must attend.
August 9, 2022
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SABRINA D.WOOTEN CELL: (757)797-5625
COUNCIL MEMBER P.O.BOX 6665
DISTRICT 7-FORMERLY CENTERVILLE VIRGINIA BEACH,VA 23456
EMAIL:SWOOTEN@VBGOV.COM
August 8, 2022
Dear City Councilmembers:
Please be advised that I will leave early during the public hearing meeting scheduled for
tomorrow, August 9th to attend a very important work commitment.
Thank you for your kind attention to this matter.
Respectfully,
Sabrina Wooten
Virginia Beach City Council
Centerville District, 1
11
AGENDA REVIEW SESSION
ITEM#73099
3:29 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
J. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND City Code Section 10-1 re create eight(8)new precincts, rename precincts,
and relocate three (3) polling locations; to AUTHORIZE maintenance upon precinct lines to
conform with recent district boundary changes; and to REQUEST a waiver to administer a split
precinct
2. Resolution in observation re International Overdose Awareness Day (Requested by Council
Member Berlucchi)
3. Ordinance to AWARD a$5,000 Community Services Micro-Grant to Giving with a Golden Hand,
Inc. re support"Stop the Violence"events(Requested by Mayor Dyer)
4. Ordinance to AMEND City Code Section 7-66 re designation of city highways for golf cart
operation and posting of signs
5. Ordinance to AMEND City Code Section 18-108.2 re license code for mobile food vending
6. Ordinance to EXTEND the date to satisfy the conditions re closing a portion of 18`"Street between
Pacific and Arctic Avenues
7. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property
known as Black Duck Inlet and a 5'public utility and drainage easement at the rear of the 321
Back Bay Crescent re remove and replace a boatlift and four (4) 8"wood piles, wood pier and
wood bulkhead
8. Ordinance to APPROPRIATE$240,878.08 to the Ocean Park Volunteer Fire and Rescue Unit,
Inc. re an interest free loan to purchase two (2) replacement ambulances
9. Ordinance to ACCEPT and APPROPRIATE$1,930,000 from the Virginia Tourism Corporation
to the FY 2022-23 Conventional and Visitors Bureau Operating Budget re marketing efforts
10. Ordinance to ACCEPT and APPROPRIATE $221,642 from the Virginia Department of
Behavioral Health and Development Services to the FY 2022-23 Department of Human Services
Operating Budget re Permanent Supportive Housing Program
August 9, 2022
12
AGENDA REVIEW SESSION
ITEM#73099
(Continued)
11. Ordinance to ACCEPT and APPROPRIATE$58,750 from the Virginia Department of Behavioral
Health and Development Services to the FY 2022-23 Department of Human Services Operating
Budget re support staff retention for substance use and mental health programs
12. Ordinance to TRANSFER $100,000 from the General Fund Reserve for Contingencies to the
Department of Cultural Affairs re support the 5/31 memorial design stipends and additional
facilitation services including a memorial liaison to families and survivors
J. ORDINANCES/RESOLUTIONS:
ITEM#3 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER TOWER FILED A DISCLOSURE ON ITEM#6
August 9, 2022
13
AGENDA REVIEW SESSION
ITEM#73099
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
K. PLANNING
1. ATLANTIC DEVELOPMENT ASSOCIATES, LLC& WPL VENTURES,LLC for a Variance
to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) lots at 111 73rd Street
DISTRICT 6(Formerly District 5-Lynnhaven) (Deferred from May 17, 2022)
2. SXCW Properties II, LLC/ TRACT NO. 8, LLC for a Conditional Rezoning from AG-2
Agricultural District to Conditional B-2 Business District and a Conditional Use Permit re car
wash facility at the Southwest corner of Sandbridge Road&Fisher Arch,East of 1973 Sandbridge
Road DISTRICT 2 (Formerly District 7-Princess Anne)
3. HUNTER'S MILL APARTMENTS, LLC/ HUNTER'S MILL APARTMENTS, LLC &
LADERBERG SQUARE, LLC for a Conditional Rezoning from A-18 Apartment District & B-2
Community Business District to Conditional A-18 Apartment District at 397 Brixton Drive,parcel
West of 5444 Virginia Beach Boulevard& triangular parcel between 397 Brixton Drive & 500
Aylesbury Drive DISTRICT 4(Formerly District 2-Kempsville)
4. KATHERINE ANN OLIVAS/ KATHERINE OLIVAS & JESSICA MCGOWAN for a
Conditional Use Permit re family day-care home at 2717 Inglewood Lane DISTRICT 2(Formerly
District 1-Centerville)
5. GLORIOUS GROOMING,LLC/JODHA H. GOODMAN ESTATE fora Conditional Use Permit
re home occupation at 140 South Gum Avenue DISTRICT 4(Formerly District 5-Lynnhaven)
6. THOMAS MARK GOLDSBERRY for a Conditional Use Permit re home occupation at 1140
Treefern Place DISTRICT 5 (Formerly District 6-Beach)
7. WROBLEWSKI ART,LLC/OCEANA PARTNERS,LLC for a Conditional Use Permit re tattoo
parlor at 1329 Oceana Boulevard, Suite 110 DISTRICT 5 (Formerly District 6-Beach)
8. 365 TATTOOING,LLC/LITTLE NECK TOWERS,LLC for a Conditional Use Permit re tattoo
parlor at 3500 Virginia Beach Boulevard, Suite 610 DISTRICT 8(Formerly District 5-Lynnhaven)
9. U.S. SURF COMPANY, INC./SUNSATIONS REALTY, LLC for Alternative Compliance re
outdoor recreation facility and recurring outdoor special events at 2017 Arctic Avenue&317 20th
Street DISTRICT 6(Formerly District 6-Beach)
K.PLANNING:
ITEM#1 WILL BE CONSIDERED FOR INDEFINITE DEFERRAL
August 9, 2022
14
ITEM#73100
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)
• Atlantic Park Project
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
• District 6—Formerly Beach District
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff members or consultants pertaining to actual or probable litigation,
where such consultation or briefing in an open meeting would adversely
affect the negotiating or litigating posture of the public body pursuant to
Section 2.2-3 711(A)(7).
• Holloway, et al v. City of Virginia Beach
LEGAL MATTERS: Consultation with legal counsel employed or
retained by a public body regarding specific legal matters requiring the
provision of legal advice by such counsel pursuant to Section 2.2-
3711(A)(8).
• City voting system
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
• Bayside Council Vacancy
August 9, 2022
15
ITEM#73100
(Continued)
Upon motion by Council Member Moss, seconded by Council Member Holcomb, City Council voted to
proceed into CLOSED SESSION at 3:48 P.M.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
Break 3:48 P.M. — 4:10 P.M.
Closed Session 4:10 P.M. — 5:57 P.M.
August 9, 2022
16
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
AUGUST 9,2022
6:00 P.M.
Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City
Council Chamber, City Hall, on Tuesday,August 9, 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, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
INVOCATION: Pastor Dee Dee Carson
First Presbyterian Church
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.
August 9, 2022
17
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 prilry to
its client list. However, due to the size ofDixon 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.
August 9, 2022
18
ITEM— VI.E
CERTIFICATION
ITEM#73101
Upon motion by Council Member Moss, seconded by Council Member Branch, City Council CERTIFIED
THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
cO
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 #73100 on Page 15 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.
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August 9, 2022
19
APPOINTMENT OF BA YSIDE
DISTRICT COUNCIL MEMBER
ITEM 73102
Mayor Dyer opened the floor for NOMINATIONS:
Council Member Moss nominated Charlotte Zito
Council Member Berlucchi nominated Delceno Miles
There being no additional nominations, Mayor Dyer instructed the Body to press the "Yes"button to vote
for Delceno Miles and the "Abstain"button to vote for Charlotte Zito
Voting Results:
Council Members voting "Yes"for Delceno Miles—9
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, Aaron R. Rouse, Guy
K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten
Council Members voting "Abstain"for Charlotte Zito— 1
John D. Moss
Upon NOMINATION by Council Member Berlucchi, City Council APPOINTED:
Delceno C.Miles
Unexpired term of Louis R. Jones
August 11, 2022—December 31, 2022
*Council Member Miles completed her Oath of Office at the Circuit Court Clerk's Office on August
11, 2022, attached hereto and made a part of the record.
August 9, 2022
VIRGINIA: IN THE VIRGINIA BEACH CIRCUIT COURT CLERK'S OFFICE
OATH
I, DELCENO C.MILES ,do solemnly swear(or affirm)that I will support the Constitution
of the United States, and the Constitution of the Commonwealth of Virginia, and that I will
faithfully and impartially discharge all the duties incumbent upon me as a member of the City
Council of the City of Virginia Beach, Bayside District, to fulfill the unexpired term of
Councilman Louis Jones, term ending December 31, 2022, according to the best of my
ability, so help me God.
<0.)1)0/7,
Signature of Person Taking Oath
Oath taken and subscribed to before me on the 11th day August ,2022.
TINA E. SINNEN, CLERK
By: > (Al-AL-CAL)
Clerk
Original-Retained by Clerk Copy—To Person Taking Oath
20
ITEM— VI.F.1
MINUTES
ITEM#73103
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of July 12,2022
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
21
ITEM— VLF.2
MINUTES
ITEM#73104
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED the
MINUTES of the SPECIAL FORMAL SESSION of August 2,2022
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
22
ITEM— VII.G.1
MAYOR'S PRESENTATION
ITEM#73105
PROCLAMATION
RAMON W. BREEDEN,JR. DAY
Mayor Dyer welcomed Ramon W. Breeden, Jr. and read the Proclamation declaring, August 9, 2022,
"RAMON W. BREEDEN,JR. DAY". Mayor Dyer encouraged citizens to join the Body in commending Mr.
Breeden of The Breeden Company for his dedication and leadership for building an organization that serves
the citizens of Virginia Beach and surrounding areas.
Mr. Breeden expressed his appreciation to City Council for this recognition and their continued support.
August 9, 2022
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Whereas Ramon W Breeden Jr. was born in Richmond, 'Virginia, in 1934 to Audrey and Ramon
Breeden;and
Whereas: Batton Breeden Jr. graduated from Vniversity of Virginia's McIntire School of Business
with a Bachelor's of Science in Commerce;and
Whereas After college, Mr. Breeden taught math for Richmond(Public Schools, but he knew he was
destined for more, so he educated himself by reading books on building, construction and
finance;and
Whereas: The Breeden Company was created in 1961,starting from the trunk of his Pontiac convertible
and using converted office space in the 6ackof a grocery store(his deskwas constructed from
milk crates) to evolving from single family home building to designing, developing, and
managing apartment communities and commercial spaces;and
Whereas Today, The Breeden Company is one of few vertically integrated real estate development
organizations in the country with a portfolio of over 20,000 apartments and 2 million square
feet of retail and office space that have 6een owned;managed and developed and
Whereas Breeden malty has 6een named as one of the top commercial real estate firms in Virginia;
Breeden Property Management is one of the top multifamily property management firms in
the country; Breeden Construction is one of the top multifamily general contractors in the
country;and
Whereas air. Breeden and The Breeden Company have been long standing supporters of the arts,
specifically the Neptune 'Festival's Symphony 6y the Sea Series. He and his company have
remained their presenting sponsor since the program's inception;and
Whereas: Mr. Breeden is an avid supporter of animals. Because of the success of this company, he is
able to contribute to many SPCAs and animal'rescue organizations;and
Whereas: On March 26,2014,Mr. Breeden was named a Virginia(Beach'First Citizen 6y the Virginia
(Beach Jaycees, acknowledging Mr. Breeden's presence and impact in the community from a
professional; personal and charitable standpoint. This honor is given to one outstanding
member of the community each year.
Wow,'Therefore,I,Robert JVL Dyer,9etayorof the City of'Virginia Beach,'Virginia,do hereby proclaim:
.august 9, 2022
Amon W. Breeden Ir. Day
In't*esginia Beach, and I call on all citizens of'Virginia (Beach to join me in commending Mr. Ramon W.
Breeden Jr.of The Breeden Company for his dedication and leadership for building an organization that serves
the citizens of Virginia(Beach and surrounding areas.
In'Witness Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach,
Virginia,to be affixed this Ninth Day of August'Iwo'Thousand Twenty-Two.
l‘f--4'41 \I°16:1-4.4.---1
p6ert "Bobby"Dyer
Mayor
23
ITEM— VI.H.1
PUBLIC HEARINGS
ITEM#73106
Mayor Dyer DECLARED a PUBLIC HEARING:
CREATION OF EIGHT(8)NEW PRECINCTS,MODIFICATION OF PRECINCT
BOUNDARIES,AND CHANGE OF THREE POLLING LOCATIONS
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
August 9, 2022
24
ITEM— VLH.2
PUBLIC HEARINGS
ITEM#73107
Mayor Dyer DECLARED a PUBLIC HEARING:
DECLARATION AND SALE OF EXCESS PROPERTY
At Southeast intersection of Market Street and Columbus Street
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
August 9, 2022
25
ITEM- VI.I
FORMAL SESSION AGENDA
ITEM#73108
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. 1, 2, 4, 5, 6, 7, 8,
9, 10, 11 and 12 and Planning Items K: 1, 2, 3, 4, 5, 6, 7, 8 and 9
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED, BY
CONSENT,Agenda Items Ordinances/Resolutions J: 1, 2, 4, 5, 6, 7, 8, 9, 10, 11 and 12 and Planning
Items K:1(DEFERRED INDEFINITELY), 2,3, 4, 5, 6, 7, 8 and 9
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
J. ORDINANCES/RESOLUTIONS:
ITEM#3 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER TOWER FILED A DISCLOSURE ON ITEM#6
August 9, 2022
26
ITEM— VLJ.1
ORDINANCES/RESOLUTIONS
ITEM#73109
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND City Code Section 10-1 re create eight (8) new precincts, rename
precincts, and relocate three (3)polling locations; to AUTHORIZE maintenance upon precinct lines to
conform with recent district boundary changes;and to REQUEST a waiver to administer a split precinct
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
1 AN ORDINANCE (1) TO AMEND SECTION 10-1 OF
2 THE CITY CODE TO CREATE EIGHT NEW
3 PRECINCTS, RENAME PRECINCTS, AND
4 RELOCATE THREE POLLING LOCATIONS, (2) TO
5 AUTHORIZE MAINTENANCE UPON PRECINCT
6 LINES TO CONFORM WITH RECENT DISTRICT
7 BOUNDARY CHANGES, AND (3) TO REQUEST A
8 WAIVER TO ADMINISTER A SPLIT PRECINCT
9
10 SECTION AMENDED: § 10-1
11
12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
13 VIRGINIA:
14
15 1. Section 10-1 of the City Code is hereby amended and reordained to read as follows:
16
17 Sec. 10-1. Establishment of precincts and polling places.
18
19 There are hereby established in the city the following precincts and their respective
20 polling places, as set forth below:
21
22 Precinct Polling Place
23 0001 Galilee Episcopal Church
24 3928 Pacific Avenue 23451
25 0002 Museum of Contemporary Art
26 2200 Parks Avenue 23451
27 0003 Ocean Lakes Elementary
28 1616 Upton Drive 23454
29 0004 Virginia Beach Community Chapel
30 1261 Laskin Road 23451
31 0005 Mount Olive Baptist Church
32 310 N. Birdneck Road 23451
33 0006 Alanton Elementary School
34 1441 Stephens Road 23454
35 0007 King's Grant Presbyterian Church
36 745 Little Neck Road 23452
37 0008 London Bridge Baptist Church
38 2460 Potters Road 23454
39 0009 Trantwood Elementary School
40 2344 Inlynnview Road 23454
41 0010 All Saints' Episcopal Church
42 1969 Woodside Lane 23454
43 0011 Edgar Cayce's Association for Research
44 and Enlightenment
45 215 67th Street 23451
46 0012 Lynnhaven Elementary School
47 210 Dillon Drive 23452
48 0013 Windsor Woods Elementary School
49 233 Presidential Boulevard 23452
50 0014 Malibu Elementary School
51 3632 Edinburgh Drive 23452
52 0015 Calvary Baptist Church
53 4832 Haygood Road 23455
54 0016 Bayside Sixth Grade Campus
55 4722 Jericho Road 23462
56 0017 Bayside Community Recreation Center
57 4500 First Court Road 23455
58 0018 Independence Middle School
59 1370 Dunstan Lane 23455
60 0019 Bayside Church of Christ
61 5025 Shell Road 23455
62 0020 Bayside Elementary School
63 5649 Bayside Road 23455
64 0021 Bettie F. Williams Elementary School
65 892 Newtown Road 23462
66 0022 Point 0' View Elementary School
67 5400 Parliament Drive 23462
68 0023 Arrowhead Elementary School
69 5549 Susquehanna Drive 23462
70 0024 St. Andrews United Methodist Church
71 717 Tucson Road 23462
72 0025 Fairfield Elementary School
73 5428 Providence Rd. 23464
74 0026 Kempsville Presbyterian Church
75 805 Kempsville Road 23464
76 0027 Kempsville Middle School
77 860 Churchill Drive 23464
78 0028 Thalia Elementary School
79 421 Thalia Road 23452
80 0029 Holland Elementary School
81 3340 Holland Road 23452
82 0030 Seatack Elementary School
83 912 S. Birdneck Road 23451
84 00.3. 1 Red Mill Elementary School
85 1860 Sandbridge Road 23456
86 0032 Oak Grove Baptist Church
87 691 Princess Anne Road 23457
88 0033 Back Bay Christian Assembly
89 1212 Princess Anne Road 23457
90 0034 Blackwater Fire Station
91 6009 Blackwater Road 23457
92 0035 Kellam High School
93 2665 West Neck Road 23456
94 0036 Red Church Steeple
95 245 S. Rosemont Rd 23452
96 0037 Bayside Baptist Church
97 1920 Pleasure House Road 23455
98 0038 Bayside Presbyterian Church
99 1400 Ewell Road 23455
100 0039 Pembroke Elementary School
101 4622 Jericho Road 23462
102 0040 Princess Anne High School
103 4400 Virginia Beach Boulevard 23462
104 0041 College Park Elementary School
105 1110 Bennington Road 23464
106 0042 Brandon Middle School
107 1700 Pope Street 23464
108 0043 Salem Middle School
109 2380 Lynnhaven Parkway 23464
110 0044 Centerville Elementary School
111 2201 Centerville Turnpike 23464
112 0045 White Oaks Elementary School
113 960 Windsor Oaks Boulevard 23462
114 0046 Green Run Elementary School
115 1200 Green Garden Circle 23453
116 0047 King's Grant Elementary School
117 612 N Lynnhaven Road 23452
118 0048 WAVE Church
119 1000 N. Great Neck Road 23454
120 0049 John B. Dey Elementary School
121 1900 N. Great Neck Rd. 23454
122 0050 The Gathering at Scott Memorial
123 United Methodist Church
124 409 First Colonial Road 23454
125 0051 Kempsville Area Library
126 832 Kempsville Road 23464
127 0052 Providence Presbyterian Church
128 5497 Providence Road 23464
129 0053 Kempsville Elementary School
130 570 Kempsville Road 23464
131 0054 Landstown High School
132 2001 Concert Drive 23456
133 0055 Virginia Beach Moose Family Center
134 3133 Shipps Corner Road 23453
135 0056 St. Aidan's Episcopal Church
136 3201 Edinburgh Drive 23452
137 0057 Woodstock Elementary School
138 St. Matthew Catholic Church
139 3314 Sandra Lane 23464
140 0058 Glenwood Elementary School
141 2213 Round Hill Drive 23464
142 0059 Shelton Park Elementary School
143 1700 Shelton Road 23455
144 0060 WAVE Church
145 2655 Seaboard Road 23456
146 0061 Ebenezer Baptist Church
147 965 Baker Road 23455
148 0062 Restoration Church at Landstown
149 3220 Monet Drive 23453
150 0063 Ocean Lakes High School
151 885 Schumann Drive 23454
152 0064 Rosemont Forest Elementary School
153 1716 Grey Friars Chase 23456
154 0065 Colonial Baptist Church
155 2221 Centerville Turnpike 23464
156 0066 Princess Anne Recreation Center
157 1400 Nimmo Parkway 23456
158 0067 Eastern Shore Chapel
159 2020 Laskin Road 23454
160 0068 Providence Elementary School
161 4968 Providence Road 23464
162 0069 Unity Church of Tidewater
163 5580 Shell Road 23455
164 0070 Corporate Landing Middle School
165 1597 Corporate Landing Parkway 23454
166 0071 Salem High School
167 1993 Sun Devil Drive 23464
168 0072 W. T. Cooke Elementary School
169 1501 Mediterranean Avenue 23451
170 0073 Green Run High School
171 1700 Dahlia Drive 23453
172 0074 Rosemont Elementary School
173 1257 Rosemont Rd. 23453
174 0075 Lynnhaven Colony Congregational Church
175 2217 W. Great Neck Road 23451
176 0076 Thalia Lynn Baptist Church
177 4392 Virginia Beach Boulevard 23462
178 0077 Plaza Annex
179 641 Carriage Hill Rd 23452
180 0078 Indian Lakes Elementary School
181 1240 Homestead Drive 23464
182 0079 Emmanuel Episcopal Church
183 5181 Singleton Way 23462
184 0080 Roscmont Elementary School
185 Kingdom Cathedral
186 3820 Stoneshore Road 23452
187 0081 Salem Elementary School
188 3961 Salem Lakes Boulevard 23456
189 0082 Christopher Farms Elementary School
190 2828 Pleasant Acres Drive 23453
191 0083 Strawbridge Elementary School
192 2553 Strawbridge Road 23456
193 0084 Tallwood Elementary School
194 2025 Kempsville Road 23464
195 0085 Three Oaks Elementary School
196 2201 Elson Green Avenue 23456
197 0086 Haygood United Methodist Church
198 4713 Haygood Road 23455
199 0087 New Castle Elementary School
200 4136 Dam Neck Road 23456
201 0088 Hope Haven
202 3000 North Landing Road 23456
203 0089 New Covenant Presbyterian Church
204 1552 Kempsville Road 23464
205 0090 Morning Star Baptist Church
206 4780 First Court Road 23455
207 0091 Larkspur Middle School
208 4696 Princess Anne Road 23462
209 0092 Lynnhaven United Methodist Church
210 1033 Little Neck Road 23452
211 0093 Good Samaritan Episcopal Church
212 Enoch Baptist Church Family Life Center
213 5685 Herbert Moore Road 23462
214 0094 Plaza Middle School
215 3080 S. Lynnhaven Road 23452
216 0095 Corporate Landing Elementary School
217 1590 Corporate Landing Parkway 23454
218 0096 Freedom Fellowship
219 836 Regency Drive 23454
220 0097 San Lorenzo Spiritual Center
221 4556 Indian River Rd. 23456
222 0098 Windsor Oaks Elementary School
223 3800 Van Buren Drive 23452
224 0099 Parkway Elementary School
225 4180 O'Hare Drive 23456
226 0100 Tabernacle United Methodist Church
227 1265 Sandbridge Rd. 23456
228 0101 Luxford Elementary School
229 4808 Haygood Road 23455
230 0102 Diamond Springs Elementary School
231 5225 Learning Circle 23462
232 0103 Kempsville Meadows Elementary School
233 736 Edwin Drive 23462
234 0104 Woodstock Elementary School
235 6016 Providence Road 23464
236 0105 Pembroke Meadows Elementary School
237 820 Cathedral Drive 23455
238 0106 Thalia United Methodist Church
239 4321 Virginia Beach Boulevard 23452
240 0107 Linkhorn Park Elementary School
241 977 First Colonial Road 23454
242 0108 The Gala 417
243 2105 W. Great Neck Road 23451
244 Alanton Alanton Elementary School
245 Aragona Bayside Sixth Grade Campus
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342 age
343 Windsor Oaks
344 Witslad
345 Wei
346 Central Absentee Voter AgricuttureNoter Registrar Building
347 Precinct
348
349 In the event of a name change to any of the abovepoiling locations. the street address
350 shall be sufficient identification of such facility until such time as there is need to amend
351 this section to effect a geographical change to one of the polling locations.
352
353
354 _ - _ ..: . •-.•:• _ . -.•— - • tia.. _ . .• _ : _ _ '•� -�
355 •: .. _•- _ :_ . . . : : . • e • _ - -= = •• - - • : . - - _ - :: - • . :..--
356 ' -: - • _ :- - • - _: •• - .. _
357 _ -.. _ . • . _ - - : -. _ .. _ : . _ ., _ • - . -- :• - :_ •• - •. • .. .• _
358
359
360 2. The Voter Registrar and the Center for Geospatial Information Services are hereby
361 authorized to undertake maintenance of the precinct lines as necessary to align the
362 district boundaries to comply with state legislative district boundaries and the boundaries
363 imposed for councilmanic districts needed to administer the November 2022 general and
364 special elections.
365
366 3.The City Council hereby requests and authorizes the Voter Registrar to apply,on behalf
367 of the City Council, for a waiver from the State Board of Elections pursuant to §24.2-307
368 of the Virginia Code to administer precinct 0069 as a split precinct for the November 2022
369 election.
370
371 4. The Voter Registrar and the City Attorney are hereby directed to seek a
372 certification of no objection from the Office of the Attorney General using the preclearance
373 procedure provided by Virginia Code § 24.2-129(D)for the precinct changes authorized
374 herein. These precinct changes shall not be administered unless and until the Attorney
375 General has provided such certification or if 60 days lapses without the Attorney General
376 interposing an objection.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9 t hday
of _August____ , 2022.
APP VED AS TO CON ENT: APPROVED AS TO LEGAL SUFFICIENCY:
Vo egistrar City-Actor s
CA15880
R-1
July 28, 2022
27
ITEM— VLJ.2
ORDINANCES/RESOLUTIONS
ITEM#73110
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT,Resolution in observation re International Overdose Awareness Day(Requested by Council
Member Berlucchi)
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
REQUESTED BY COUNCILMEMBER BERLUCCHI
1 A RESOLUTION IN OBSERVATION OF INTERNATIONAL
2 OVERDOSE AWARENESS DAY
3
4 WHEREAS, the Virginia Department of Health has concluded that opioid overdose
5 deaths in Virginia were the highest on record in 2020: an average of 4 Virginians died of
6 an opioid overdose daily in 2020, emergency department visits for overdoses increased
7 by 33% percent compared to the prior year, and overdose deaths increased by 17%;
8
9 WHEREAS, that same year, 103 opioid overdose deaths occurred in Virginia
10 Beach, which is more than double the number from the prior year;
11
12 WHEREAS, overdoses cause immeasurable harm and hardship, and people who
13 are affected by overdoses come from all parts of our community; they include our
14 neighbors and our family members, and they are deserving of love, compassion and
15 support;
16
17 WHEREAS, International Overdose Awareness Day is a day for remembering
18 loved ones lost to overdoses, for enhancing public awareness, and for ending the stigma
19 of overdoses;
20
21 WHEREAS, the City Council desires to express its support for those impacted by
22 overdoses;
23
24 WHEREAS, purple is the color used by supporters of International Overdose
25 Awareness Day; and
26
27 WHEREAS, the City's Emergency Communications & Citizens Service building
28 and the Convention Center have LED lighting that can be used to illuminate the buildings
29 in colored light, and the illumination of those buildings in purple would promote overdose
30 awareness;
31
32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
33 OF VIRGINIA BEACH, VIRGINIA:
34
35 That the City Council hereby designates August 31, 2022, as Overdose Awareness
36 Day in the City of Virginia Beach; and
37
38 That, in recognition of Overdose Awareness Day, the City Manager is directed to
39 (1) illuminate the Emergency Communications & Citizen Services building and the
40 Convention Center with purple lighting on August 31 , 2022; and (2) cause the City flag to
41 be flown at half-staff on August 31, 2022.
Adopted by the City Council of the City of Virginia Beach, Virginia on the 9th
day August , 2022.
APPROVED AS TO LEGAL SUFFICIENCY:
i `
City Attorney's Offic
CA15870
R-2
July 19, 2022
2
28
ITEM— VI.J.3
ORDINANCES/RESOLUTIONS
ITEM#73111
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
LaTonya Snow, Phone: 632-5697, spoke in SUPPORT
Jay Boone, Phone: 613-6971, spoke in SUPPORT
Elisheba Harris, 727 Stanwix Square, Norfolk, Phone: 399-9439, spoke in SUPPORT
Mayor Dyer turned the gavel over to Vice Mayor Wilson for the purpose of making a motion to City Council.
Upon motion by Mayor Dyer, seconded by Council Member Moss, City Council ADOPTED Ordinance
to AWARD a $5,000 Community Services Micro-Grant to Giving with a Golden Hand, Inc. re support
"Stop the Violence"events(Requested by Mayor Dyer)
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
REQUESTED BY MAYOR DYER
1 AN ORDINANCE TO AWARD A $5,000 COMMUNITY
2 SERVICE MICRO-GRANT TO GIVING WITH A GOLDEN
3 HAND, INC.
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 That a $5,000 Community Services Micro-Grant be awarded to Giving with a
9 Golden Hand, Inc., to support "Stop the Violence" events in the City.
Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day
of August , 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budge nd Management Services orn y's Office
CA15874
R-1
July 27, 2022
29
ITEM— VLJ.4
ORDINANCES/RESOLUTIONS
ITEM#73112
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND City Code Section 7-66 re designation of city highways for golf cart
operation and posting of signs
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
1 AN ORDINANCE TO AMEND SECTION 7-66
2 OF THE CITY CODE PERTAINING TO
3 DESIGNATION OF CITY HIGHWAYS FOR
4 GOLF CART OPERATION; POSTING OF
5 SIGNS
6
7 SECTION AMENDED: § 7-66
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
10 VIRGINIA:
11
12 That Section 7-66 of the Code of the City of Virginia Beach, Virginia, is hereby
13 amended and reordained to read as follows:
14 Sec. 7-66. Designation of City highways for golf cart operation; posting of signs.
15 (a) Pursuant to Section 46.2-916.2 of the Code of Virginia, city council may authorize by
16 ordinance, the operation of golf carts on designated public highways within the City
17 after (i) considering the speed, volume, and character of motor vehicle traffic using
18 such highways, and (ii) determining that golf cart operation on particular highways is
19 compatible with state and local transportation plans and consistent with the
20 Commonwealth's statewide pedestrian policy. No City highway shall be designated
21 for use by golf carts if such golf cart operations will impede the safe and efficient flow
22 of motor vehicle traffic, or if the highway's posted speed limit is greater than twenty-
23 five (25) miles per hour.
24 (b) All requests made to have specific highways designated for golf cart use shall be
25 directed to the Traffic Engineering Office of Public Works.
26 (c) Any City highway designated for golf cart operations shall be posted with signs
27 indicating this designation. The organization, individual or entity requesting a
28 highway designation allowing golf cart operations shall reimburse the City its actual
29 cost for the installation and continued maintenance of such signs.
30 (d) The following City streets located in the specified neighborhoods are approved for
31 golf cart operation in accordance with the provisions of this Article:
32 (1) Heron Ridge Estates—Couples Court, Heron Ridge Lane, Heron Ridge Drive,
33 Lynx Drive, Lynx Court and Ryan Court.
34 (2) Chubb Lake West of Pleasure House Road—Beaufort Avenue, West Chubb
35 Lake Avenue, Chubb Lake Avenue, Lauderdale Avenue (4800-5100 Blocks),
36 Athens Boulevard, Creek Cove Court, Sunny Circle, Bradpointe Lane,
37 Leatherneck Road, Lookout Road (4800-4900 Blocks), Bradford Point, Bayview
38 Avenue, Guy Avenue, Lee Avenue (4800 Block), Zivo Court and Lake Drive
39 (4800 Block), Ocean View Avenue (5000 Block);
40 (3) Lago-Mar—Atwoodtown Road, Costa Grande Drive, Camino Real South,
41 Camino Court, Rota Circle, Santa Marta Court, Santa Clara Court, Cinta Court,
42 Granada Court, San Jose Court, San Miguel Court, Sevilla Court, Acapulco
43 Court, Casa Court, Estrella Court, Rio Grande Drive, Rio Grande Court, Pinon
44 Court, Corrente Lane, Escorial Court, La Mirage Court, Los Conaes Way,
45 Trevino Court, Rio Bravo Bend, Santiago Point, Toledo Place, Infanta Circle,
46 Costa Grande Drive, Malaga Lane, Malaga Court, Alcon Court, Soria Circle, Tres
47 Lane, Vaso Court, Toro Court, Amigo Court, Tono Court, Los Colonis Drive, Las
48 Brisas Drive, Baja Court, Sonora Court, Morado Court, La Tierra Court, La Tierra
49 Circle, Las Corrales Court, Brasileno Drive, Brasileno Court, Valiente Court,
50 Esquiana Court, Verano Court, Verano Circle, Belleza Court, Torero Court,
51 Entrada Drive, Ranchero Road, Cordova Court, San Marco Road, San Marco
52 Circle and San Marco Court;
53 (4) Ashville Park: Ashville Park Boulevard (from Lubao Lane to 1868 Ashville Park
54 Blvd), Emelita Drive, Lubao Lane, Blythe Drive, Wilshire Drive, Benecia Drive,
55 Camarillo Lane, Kittridge Drive, Aldea Circle, Keokirk Lane;
56 (5) Chesapeake Bay - East of Northampton Boulevard Blvd: Ocean View Avenue,
57 Lauderdale Avenue, Pleasure Avenue, Guam Street, Lee Avenue, Coronet
58 Avenue, Lake Drive, Fentress Avenue, Seaview Avenue, Mortons Road, and
59 Lee Court,;.
60 (6) Highgate Greens: Upper Greens Place, Lower Greens Place, Sanderson Lane,
61 Toler Lane, Raeford Court, Bodnar Lane, Rhodes Court, Dehart Court, McNelly
62 Lane, Langhorne Court, and Ferguson Court.
63 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9 t h day
64 of August , 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
- —
Department of Public Works City Attorney's Office
CA15871
R-1
July 26, 2022
30
ITEM— VLJ.5
ORDINANCES/RESOLUTIONS
ITEM#73113
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND City Code Section 18-108.2 re license code for mobile food vending
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
1 AN ORDINANCE TO AMEND SECTION 18-108.2 OF
2 THE CITY CODE PERTAINING TO THE LICENSE
3 CODE FOR MOBILE FOOD VENDING
4
5 Section Amended: City Code Section 18-108.2
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That Section 18-108.2 of the City Code is hereby amended to read as follows:
11
12 Sec. 18-108.2. Mobile Food Vending.
13
14
15 (a) Vending food products at retail from a self-propelled motor vehicle or trailer
16 is recognized as a distinct activity (mobile food vending), except for a
17 vehicle operated solely for the sale of ice cream or other ice confectioneries,
18 candies or confections operated under the provisions of §13-46, et seq. or
19 for food delivery.
20
21 (b) Each mobile food vendor shall pay a license tax rate of 0.20 percent of
22 gross receipts. The business license tax set forth herein shall only be
23 applied to gross receipts in the city and business licenses shall not be
24 transferable.
25
26 (c) No license shall be issued under this section, unless that applicant for such
27 license holds a permit from the Director of Health and the Fire Department.
28
29 (d) If the person vending food products at retail from a self-propelled motor
30 vehicle or trailer has a business license for a definite place of business in
31 the City of Virginia Beach, Virginia, then all motor vehicles located at the
32 definite place of business may be included in this license tax. In the
33 absence of a definite place of business, each vehicle or trailer shall obtain
34 a business license, and that license is to be based upon the gross receipts
35 for the retail transactions of such motor vehicle or trailer.
36
37 (e) All persons obtaining a license under this category and their employees will
38 be required to obtain a criminal record check through the Chief of Police.
39 The review of such criminal record check by the Chief of Police shall be the
40 same as the process contained in City Code §§ 26-33, 26-34, and 26-39.
41 The approval or disapproval by the Chief of Police shall be transmitted to
42 the Commissioner of the Revenue.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9 t h
day of August , 2022.
1
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
_
(e3
4- • 1".c:.
Commissioner of the Revenue Police rtment
APPROVED AS TO LEGAL SUFFICIENCY:
of City mey
CA15850
R-1
July 7, 2022
2
31
ITEM— VLJ.6
ORDINANCES/RESOLUTIONS
ITEM#73114
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Ordinance to EXTEND the date to satisfy the conditions re closing a portion of 18th Street
between Pacific and Arctic Avenues
Voting.• 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
1 AN ORDINANCE EXTENDING THE DATE FOR
2 SATISFYING THE CONDITIONS IN THE MATTER
3 OF CLOSING A PORTION OF 18TH STREET
4 BETWEEN PACIFIC AND ARCTIC AVENUES
5
6 WHEREAS, on August 17, 2021, City Council acted upon the application of
7 Atlantic Park, Inc. and the City of Virginia Beach Development Authority (the
8 "Applicants") for the closure of a portion of 18th Street, between Pacific and Arctic
9 Avenues, totaling 13,500 sq. ft. (the "Right of Way") adjacent to an assemblage of
10 property owned by the City of Virginia Beach Development Authority;
11
12 WHEREAS, City Council approved (by Ordinance ORD-3672C) the closure of
13 the aforesaid Right-of-Way subject to certain conditions being met on or before August
14 16, 2022; and
15
16 WHEREAS, on July 21, 2022, the Applicants requested a one-year extension of
17 time to satisfy the conditions attached to the aforesaid street closure actions.
18
19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
20 Beach, Virginia:
21
22 That the date for meeting conditions of closure as stated in the Ordinance
23 adopted on August 17, 2021 (ORD-3672C), upon application of Atlantic Park, Inc. and
24 the City of Virginia Beach Development Authority, is extended to August 16, 2023.
25
26 Adopted by the Council of the City of Virginia Beach, Virginia, on this
27 9th day of August , 20 22 .
NO GPIN ASSIGNED — PUBLIC RIGHT-OF-WAY
(Adjacent GPINs: 2427-17-0516 and 2427-17-2611)
APPROVED AS TO LEGAL APPROVED AS TO CONTENT:
FICIEN Y:
' i y/rorne Planning D parts ent
CA15797
\\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d021\p045\00818934.doc
R-1
July 27, 2022
esL�
y City of Virginia Beach
Up 0UR 011°NS
VBgov.com
GUY K.TOWER CELL:(757)439-4801
COUNCIL MEMBER EMAIL:gtower@vbgov.co►n
DISTRICT 6-BEACH
Refer to File No.: 0077788
August 9, 2022
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia,
I make the following declarations:
1. I am executing this written disclosure regarding an ordinance extending the date for
satisfying conditions in the matter of closing a portion of 18th Street between Pacific
and Artic Avenues.
2. The applicant disclosed that Kaufman& Canoles is its legal services provider.
3. I have a personal interest in Kaufman & Canoles, P.C. because I receive income
from the firm. Its Virginia Beach location is 2101 Parks Avenue, Suite 700,
Virginia Beach, VA 23451.
4. The City Attorney's Office has advised me that although I have a personal interest
in this transaction,because I do not personally provide services to the applicant,the
Act provides that I may participate in the Council's discussion and vote on this
ordinance,upon disclosure of this interest.
5. I hereby disclose the facts above and declare that I am able to participate in this
transaction fairly, objectively, and in the public interest.
I respectfully request that you record this declaration in the official records of the City
Council. Thank you for your assistance in this matter.
211 43rd STREET,VIRGINIA BEACH,VA 23451
Mrs. Amanda Barnes -2- August 9, 2022
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I)
5elYuy K. Tower
Councilmember
GKT/RRI
32
ITEM— VLJ.7
ORDINANCES/RESOLUTIONS
ITEM#73115
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned
property known as Black Duck Inlet and a 5'public utility and drainage easement at the rear of the 321
Back Bay Crescent re remove and replace a boatlift and four (4) 8"wood piles, wood pier and wood
bulkhead
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO
5 A PORTION OF CITY-OWNED
6 PROPERTY KNOWN AS BLACK DUCK
7 INLET AND A 5' PUBLIC AND UTILITY
8 AND DRAINAGE EASEMENT, LOCATED
9 AT THE REAR OF 321 BACK BAY
10 CRESCENT
11
12 WHEREAS, The Kelly Family Joint Declaration of Trust Dated September 18,
13 2019 (the "Kelly Trust") desires to remove and replace a 12.5' x 11.5' boatlift and four(4)
14 8" wood piles, 4' x 15' wood pier and wood bulkhead within the City's property known as
15 Black Duck Inlet(2433-32-2156)and a 5' public utility and drainage easement(collectively,
16 the "Temporary Encroachments"), located at the rear of the Kelly Trust's property at 321
17 Back Bay Crescent (GPIN: 2433-32-0137), and
18
19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
20 2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon
21 the City's property subject to such terms and conditions as Council may prescribe.
22
23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25
26 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
27 2009 and 15.2-2107, Code of Virginia, 1950, as amended,the Kelly Trust, its heirs, assigns
28 and successors in title are authorized to construct and maintain the Temporary
29 Encroachments within the City's property as shown on the map entitled: "EXHIBIT A -
30 ENCROACHMENT REQUEST FOR EXISTING BOAT LIFT, BULKHEAD, PIER&WOOD
31 PILES FOR CHARLES R. & KATHLEEN G. KELLY THE KELLY JOINT TRUST LOT 45,
32 SECTION 3, BACK BAY MEADOWS (M.B. 67 PG 45)," Scale: 1"= 50', dated July 12, 2022,
33 and prepared by Gaddy Engineering Services, LLC, a copy of which is attached hereto as
34 Exhibit A and on file in the Department of Public Works and to which reference is made for
35 a more particular description;
36
37 BE IT FURTHER ORDAINED, that the Temporary Encroachments are
38 expressly subject to those terms, conditions and criteria contained in the agreement
39 between the City of Virginia Beach and the Applicants (the "Agreement"), an unexecuted
40 copy of which has been presented to the Council in its agenda, and will be recorded among
41 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach;
42
43 BE IT FURTHER ORDAINED, that the City Manager or his authorized
44 designee is hereby authorized to execute the Agreement; and
45
i
46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
47 such time as the Kelly Trust and the City Manager or his authorized designee execute the
48 Agreement.
49
50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 t h
51 day of August , 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
j‘ CJI) _
Ply LIB WOR , REAL ESTATE D R. A YER
SENIO CITY ATTORNEY
CA15595
R-1
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APPLICANT
0
O CHARLES RICHARD KELLY AND SCALE: 1"=50'
KATHLEEN GAIL KELLY,TRUSTEES
OF THE KELLY FAMILY JOINT
DECLARATION OF TRUST DATED
SEPTEMBER 18,2019,INSTR.#20190920000801270
321 BACK BAY CRESCENT
VIRGINIA BEACH.VA 23456 GADDY
GPIN 2433-32-0137
20 ADJACENT OWNERS EXHIBIT A-ENCROACHMENT REQUEST FOR
ROBERT&ANN BOHANNON EXISTING BOAT LIFT, BULKHEAD.PIER,&WOOD PILES ENGINEERING SERVICES,LLC
325 BACK BAY CRESCENT FOR CHARLES R. & KATHLEEN G. KELLY
VIRGINIA BEACH,VA 23456 CONTACT:
GPIN 2433-22-9101 THE KELLY JOINT TRUST MICHAEL S.GADDY, PE, LS
LOT 45, SECTION 3. BACK BAY MEADOWS 757-289-5933
O PATRICK&LISA POWERS (M.B. 67 PG.45)
317 BACK BAY CRESCENT JULY 12,2022 508 N. BIRDNECK RD., SUITE D
VIRGINIA BEACH,VA 23456
GPIN:2433-32-1234 VIRGINIA BEACH,VA, 23451
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
THIS AGREEMENT, made this day of , 2022, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and CHARLES RICHARD KELLY and
KATHLEEN GAIL KELLY, TRUSTEES OF THE KELLY FAMILY JOINT
DECLARATION OF TRUST DATED SEPTEMBER 18, 2019 ITS HEIRS, ASSIGNS
AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot "45", as shown on that certain plat entitled:
"SECTION 3, BACK BAY MEADOWS PROPERTY OF NORTH BAY DEVELOPMENT
CORP., PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VA," Scale 1"= 100', dated
July 16, 1964 and prepared by W. B. Gallup Surveyor, which plat is recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67,
at page 45, and being further designated, known, and described as 321 Back Bay
Crescent, Virginia Beach, Virginia 23456;
WHEREAS, it is proposed by the Grantee to remove and replace an
existing 12.5' x 11.5' boatlift, four (4) 8" wood piles, 4' x 15" wood pier and buklhead
collectively, the "Temporary Encroachment," in the City of Virginia Beach; and
GPIN: 2433-32-2156 - CITY PROPERTY (BLACK DUCK INLET)
2433-32-0137 - 321 BACK BAY CRESCENT
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of City-owned
property known as Black Duck Inlet (GPIN: 2433-32-0137), the "Encroachment Area";
and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby
acknowledged, the City hereby grants to the Grantee permission to use the
Encroachment Area for the purpose of constructing and maintaining the Temporary
Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT A
ENCROACHMENT REQUEST FOR EXISITING BOAT LIFT,
BULKHEAD, PIER, AND WOOD PILES FOR CHARLES R.
& KATHLEEN G. KELLY THE KELLY JOINT TRUST LOT
45, SECTION 3, BACK BAY MEADOWS (M.B. 67 PG 45),"
Scale: 1"= 50', dated July 12, 2022, and prepared by Gaddy
Engineering Services, LLC, a copy of which is attached
hereto as Exhibit "A" and to which reference is made for a
more particular description.
2
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood that any existing encroachments
referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of
the Grantee and the City disclaims any ownership interest or maintenance obligation of
such encroachments.
3
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the Temporary
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
4
IN WITNESS WHEREOF, CHARLES R. KELLY AND KATHLEEN G.
KELLY, TRUSTEES, OF THE KELLY FAMILY JOINT DECLARATION OF TRUST
DATED SEPTEMBER 18, 2019, the said Grantee, have caused this Agreement to be
executed by their signatures. Further, that the City of Virginia Beach has caused this
Agreement to be executed in its name and on its behalf by its City Manager and its seal
be hereunto affixed and attested by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
THE KELLY FAMILY JOINT DECLARATION
OF TRUST
1‘Z,-/(' 1 L'!7 l2. /
By. . (SEAL)
CHARLES RICHARD KELLY, TRUSTEE
By f R SEAL)
KATHLEEN GAI KELL , TR EE
STATE OF
CITY/COUNTY OF VIIirick 9 ;e to-wit:
The foregoing instrument was acknowledged before me this 2„ day of
i , 2022, by Charles Richard Kelly and Kathleen Gail Kelly, Trustees, of
the KELLY FAMILY JOINT DECLARATION OF TRUST dated September 18, 2019.
4,%,.11- h,C i,,,r, ( EAL)
Notary Public
KRISTEN LYNN CONOVER
Notary Registration Number: I GW-12."1 NOTARY PUBLIC
REGISTRATION#194727
COMMONWEALTH OF VIRGINIA
My Commission Expires: ` l 31 1214 MY COMMISSION EXPIRES
AUGUST31,2024
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
etha1, ( ,L,J1 _______
PUBLIC WO i KS — REAL ESTATE . ARMEYER
NIO CITY ATTORNEY
7
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GP/N..2433-32-2756
(M.B. 67,PG. 45) EBB 0 50 100
APPLICANT
1 CHARLES RICHARD KELLY AND SCALE: 1"=50'
KATHLEEN GAIL KELLY,TRUSTEES
OF THE KELLY FAMILY JOINT
DECLARATION OF TRUST DATED
SEPTEMBER 18,2019,INSTR.#20190920000801270
321 BACK BAY CRESCENT
VIRGINIA BEACH,VA 23456
GPIN:2433-32-0137 GADDY
®ADJACENT OWNERS EXHIBIT A-ENCROACHMENT REQUEST FOR
ROBERT&ANN BOHANNON EXISTING BOAT LIFT, BULKHEAD,PIER,&WOOD PILES ENGINEERING SERVICES,LLC
325 BACK BAY CRESCENT FOR CHARLES R. & KATHLEEN G. KELLY CONTACT:
VIRGINIA BEACH,VA 23456
GPIN:2433-22-9101 THE KELLY JOINT TRUST MICHAEL S. GADDY, PE, LS
LOT 45.SECTION 3, BACK BAY MEADOWS 757-289-5933
O PATRICK&LISA POWERS (M.B, 67 PG.45)
317 BACK BAY CRESCENT JULY 12.2022 508 N. BIRDNECK RD., SUITE D
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33
ITEM— VI.J.8
ORDINANCES/RESOLUTIONS
ITEM#73116
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE$240,878.08 to the Ocean Park Volunteer Fire and Rescue
Unit, Inc. re an interest free loan to purchase two (2) replacement ambulances
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE
2 AN INTEREST-FREE LOAN TO THE OCEAN PARK
3 VOLUNTEER FIRE AND RESCUE UNIT FOR THE
4 PURCHASE OF TWO NEW AMBULANCES
5
6 WHEREAS, the Ocean Park Volunteer Fire and Rescue Unit, Inc., has requested
7 an interest-free loan of $240,878.08 to purchase two replacement ambulances and
8 associated equipment.
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12
13 1 . That $240,878.08 is hereby appropriated from the fund balance of the
14 General Fund for an interest-free loan to the Ocean Park Volunteer Fire and
15 Rescue Unit, Inc, for the purchase of two replacement ambulances and
16 associated equipment; and
17
18 2. That this loan is to be repaid by the Ocean Park Volunteer Fire and Rescue
19 Unit, Inc., over seven (7) years, pursuant to the terms of the attached
20 agreement and promissory note.
Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day
of August , 2022.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services C. ey' ffice
CA15872
R-1
July 20, 2022
PROMISSORY NOTE
$240,878.08 Virginia Beach, Virginia
August , 2022
FOR VALUE RECEIVED, Ocean Park Volunteer Fire and Rescue Unit, Inc., ("Maker")
promises to pay, without offset,to the order of the City of Virginia Beach, ("Noteholder") at Municipal
Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal
sum of TWO HUNDRED FORTY THOUSAND EIGHT HUNDRED AND SEVENTY EIGHT
DOLLARS AND EIGHT CENTS ($240,878.08)together with interest thereon.
From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO
Percent(0%)per annum.
Payment on principal shall be as follows:
On or before July 31, 2023 - $34,411.15
On or before July 31, 2024 - $34,411.15
On or before July 31, 2025 - $34,411.15
On or before July 31, 2026 - $34,411.15
On or before July 31, 2027 - $34,411.15
On or before July 31, 2028 - $34,411.15
On or before July 31, 2029 - $34,411.18
This note may be prepaid in whole or in part without penalty. Any such prepayments shall be
applied to principal.
If the Noteholder has not received the full amount of the annual payment by the end of 15
calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of
the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly
but only once on each late payment.
If Maker does not pay the full amount of each annual payment on the date it is due, Maker will
be in default, and the entire principal amount hereof, together with all accrued interest and late charges,
shall become immediately due and payable at the option of the Noteholder. Failure to exercise this
option upon any default shall not constitute or be construed as a waiver of the right to exercise such
option subsequently.
Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on
the ground of any extension or extensions of the time for payment or of the due dates of this note, the
release of any parties who are or may become liable heron, in whole or in part, before or after maturity,
with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers,
sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they
will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this
obligation or any part hereof is not paid when due.
WITNESS the following signature(s).
Ocean Park Volunteer Fire and Rescue Unit, Inc.
(SEAL)
Title: Date:
Agreement between the City of Virginia Beach and
the Ocean Park Volunteer Fire and Rescue Unit, Inc.
THIS AGREEMENT is made and entered into this day of , 2022, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA("CITY")and the Ocean Park Volunteer Fire and
Rescue Unit, Inc., a Virginia non-stock corporation ("RESCUE SQUAD"), in accordance with the
provisions of Code of Virginia §§ 27-15.2 and 27-23.6.
WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical
services within the City of Virginia Beach; and
WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified
volunteer personnel and equipment to provide emergency medical services,and
WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in
Virginia Beach provided by the RESCUE SQUAD; and
WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to
enter into this agreement to render support and services to one another in accordance with these terms.
WITNESSETH
For and in consideration of the mutual promises and covenants set forth herein, and for other
valuable consideration related to the acquisition of vehicles, the parties enter into the following agreement
as defined below:
RESPONSIBILITIES OF THE CITY
A. Provide a no interest loan for the purchase of the vehicle(s).
B. Provide standardized equipment required for operations within the City including,but not
limited to mobile communications devices and map books.
C. Provide or pay for insurance for damage to ambulances with a $50,000 deductible and
provide or pay for liability insurance for ambulances, emergency service and support vehicles owned by
the RESCUE SQUAD.
D. Provide fuel for the vehicle.
E. Provide all vehicle maintenance and inspection services, including payment of the annual
maintenance fee, in support of the vehicle(s) through the CITY's Division of Automotive Services, so
long as the vehicle(s) remain CITY-insured. The Division of Automotive Services shall maintain
maintenance records and allow the RESCUE SQUAD's officers access to those records.
RESPONSIBILITIES OF THE RESCUE SQUAD
A. The RESCUE SQUAD shall repay the loan for the vehicle(s)according to the Promissory
Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount
should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30
days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six
months upon a written determination that the extension is the result of extenuating circumstances. No
more than one extension shall be granted without authorization from the City Council.
B. If the vehicle(s) be sold, after satisfying all conditions of the loan, including repayment,
the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle(s),
1
unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-
owned equipment.
C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE
SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all
maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain
the vehicle(s) in accordance with the manufacturer's recommended maintenance schedule and procedures.
The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops
that are acceptable to the EMS Chief.
DEFAULT AND MODIFICATION
A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole
discretion agree to a modification of this agreement, in accordance with the modification procedure set
forth in the next subsection. If the parties do not agree in writing to a modification of this agreement,
then, upon default of the loan, ownership of the vehicle(s) shall revert to the CITY. The CITY shall
provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the
vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree
upon the fair market value of the vehicle(s), the parties shall select a third party who is acceptable to both
the CITY and the RESCUE SQUAD to determine the fair market value of the vehicle(s).
B. This agreement may be reviewed at any time upon the direction of the City Manager.
Each party must agree in writing to any subsequent modifications.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first
above written.
OCEAN PARK VOLUNTEER FIRE AND
CITY OF VIRGINIA BEACH RESCUE UNIT, INC.
City Manager/Authorized Designee By:
Title: Date
ATTEST:
City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Virginia Beach EMS Chief City Attorney's Office
APPROVED AS TO RISK MANAGEMENT:
Virginia Beach Risk Management
2
34
ITEM— VLJ.9
ORDINANCES/RESOLUTIONS
ITEM#73117
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE $1,930,000 from the Virginia Tourism
Corporation to the FY2022-23 Conventional and Visitors Bureau Operating Budget re marketing efforts
Voting.• 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $1,930,000 FROM THE VIRGINIA TOURISM
3 CORPORATION TO THE CONVENTION AND VISITORS
4 BUREAU FOR MARKETING EFFORTS
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 $1,930,000 is hereby accepted from the Virginia Tourism Corporation and
10 appropriated, with federal revenue increased accordingly, to the FY 2022-23 Operating
11 Budget of the Convention and Visitors Bureau to fund the Leisure Marketing Campaign
12 ($1,000,000), Meetings and Convention Marketing Campaign ($500,000), the Coastal
13 Virginia Tourism Alliance Regional Marketing Campaign ($96,500), and an Entertainment
14 Pilot Program ($333,500).
Adopted by the Council of the City of Virginia Beach, Virginia on the 9 t h day of
August , 2022
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
udget an Management Services • or y's Office
CA15879
R-1
July 28, 2022
35
ITEM— VLJ.10
ORDINANCES/RESOLUTIONS
ITEM#73118
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE $221,642 from the Virginia Department of
Behavioral Health and Development Services to the FY 2022-23 Department of Human Services
Operating Budget re Permanent Supportive Housing Program
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE
2 FUNDS FOR THE PERMANENT SUPPORTIVE HOUSING
3 PROGRAM WITHIN THE DEPARTMENT OF HUMAN
4 SERVICES
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 $221,642 is hereby accepted from the Virginia Department of Behavioral Health
10 and Developmental Services and appropriated, with revenue from the Commonwealth
11 increased accordingly, to the Fiscal Year 2022-23 Operating Budget of the Department
12 of Human Services for the Permanent Supportive Housing program.
Adopted by the Council of the City of Virginia Beach, Virginia on the 9 t h day of
August , 2022.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
0---
12, 'j144.-d„,J--(A--
dget d Management Services City Attorney's Office
CA15875
R-1
July 27, 2022
36
ITEM— VI.J.11
ORDINANCES/RESOLUTIONS
ITEM#73119
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE $58,750 from the Virginia Department of
Behavioral Health and Development Services to the FY 2022-23 Department of Human Services
Operating Budget re support staff retention for substance use and mental health programs
Voting. 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE
2 FUNDS TO SUPPORT STAFF RETENTION FOR
3 SUBSTANCE USE PROGRAMS AND MENTAL HEALTH
4 PROGRAMS IN THE DEPARTMENT OF HUMAN
5 SERVICES
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA, THAT:
9
10 $58,750 is hereby accepted from the Virginia Department of Behavioral Health and
11 Developmental Services and appropriated, with revenue from the Commonwealth
12 increased accordingly, to the Fiscal Year 2022-23 Operating Budget of the Department
13 of Human Services, with $37,500 being designated for substance use programs and
14 $21,250 for mental health programs.
Adopted by the Council of the City of Virginia Beach, Virginia on the 9 t h day of
August , 2022.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
kr, !)-1 M_ft)
Budget d Management Services Cit oney's Office
CA15876
R-1
July 27, 2022
37
ITEM— VLJ.12
ORDINANCES/RESOLUTIONS
ITEM#73120
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED,BY
CONSENT, Ordinance to TRANSFER $100,000 from the General Fund Reserve for Contingencies to
the Department of Cultural Affairs re support the 5/31 memorial design stipends and additional
facilitation services including a memorial liaison to families and survivors
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
1 AN ORDINANCE TO TRANSFER$100,000 FROM THE
2 GENERAL FUND RESERVE FOR CONTINGENCIES
3 TO THE DEPARTMENT OF CULTURAL AFFAIRS TO
4 SUPPORT THE 5/31 MEMORIAL DESIGN STIPENDS
5 AND FACILITATION SERVICES INCLUDING A
6 MEMORIAL LIAISON TO FAMILIES AND SURVIVORS
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA, THAT:
10
11 1. $20,000 is hereby transferred from the General Fund Reserve for
12 Contingencies to the Department of Cultural Affairs for two $10,000 design
13 stipends for the 5/31 memorial.
14
15 2. $80,000 is hereby transferred from the General Fund Reserve for
16 Contingencies to the Department of Cultural Affairs to extend the contract with
17 Kearns & West for facilitation of the 5/31 memorial committee and family and
18 survivor liaison support.
Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day
of August , 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
ij r,6tee
udget arid Management Services City Attorney's Office
CA15877
R-3
August 3, 2022
38
ITEM— VI.K.1
PLANNING
ITEM#73121
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council DEFERRED
INDEFINITELY,BY CONSENT,Application of ATLANTIC DEVELOPMENT ASSOCIATES,LLC
& WPL VENTURES,LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide
two (2) lots at 111 73rd Street DISTRICT 6 (Formerly District 5-Lynnhaven) (Deferred from May 17,
2022)
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
39
ITEM— VI.K.2
PLANNING
ITEM#73122
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS
PROFFERED,AS CONDITIONED,BY CONSENT,Application of SXCW Properties II,LLC/TRACT
NO. 8, LLC for a Conditional Rezoning from AG-2 Agricultural District to Conditional B-2 Business
District and a Conditional Use Permit re car wash facility at the Southwest corner of Sandbridge Road&
Fisher Arch, East of 1973 Sandbridge Road DISTRICT 2 (Formerly District 7-Princess Anne)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
SXCW Properties II, LLC/ TRACT NO. 8, LLC for a Conditional
Rezoning from AG-2 Agricultural District to Conditional B-2 Business
District and a Conditional Use Permit re car wash facility at the
Southwest corner of Sandbridge Road & Fisher Arch, East of 1973
Sandbridge Road(GPIN 2414312772) DISTRICT 2(Formerly District 7-
Princess Anne)
The following conditions shall be required:
An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court.
1. At the time of site plan review, a Landscape Plan that reflects the plant material depicted
on the exhibit entitled, "REZONING AND CONDITIONAL USE PLAN", dated
December 3, 2021, prepared by Gaddy Engineering Services, LLC, which has been
submitted and is on file with the Virginia Beach Department of Planning, shall be
submitted for review to the Development Services Center and shall obtain approval prior
to the issuance of a building permit. Landscape material shall be installed on site in
compliance with the requirements of the Virginia Beach Landscape Guide.Landscaping
required, depicted on the Landscape Plan, and to be installed includes, but is not limited
to, the following:
a. Foundation landscaping along the Fisher Arch façade of the car wash
building.
b. Street frontage landscaping, a minimum ten (10)feet in width, shall be
installed along Sandbridge Road and Fisher Arch.
c. A variable width landscape buffer to include a variety of trees and shrubs
from the list of Category III plantings shall be installed along the multi-
use trail along Sandbridge Road or as determined by the Director of
Planning.
2. All vacuum stations shall be screened from the rights-of-way with plant material of a size
and species acceptable to the Development Service Center's Landscape Architect, all of
which shall be depicted on the Landscape Plan.
August 9, 2022
40
ITEM— VLK.2
PLANNING
ITEM#73122
(Continued)
3. All exterior lighting shall be low intensity and residential in character. Consistent with
Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct
light and glare onto the car wash premises; said lighting and glare shall be deflected,
shaded and focused away from all adjoining property. Outdoor lighting fixtures shall not
be erected any higher than fourteen (14)feet. A Photometric Plan shall be submitted
during the site plan review process to ensure that all lighting on the site will be shielded
and directed downward to limit the potential for overspill beyond the property's
boundary.
4. Signage for the site shall be limited to the following:
a. Directional signs.
b. One (1) monument-style freestanding sign, no more than eight(8)feet in
height, set in a brick base and shall be constructed using materials and
color scheme to match the building.
c. No striping shall be permitted on the vacuum station canopies
d. All signage shall be externally lit. There shall be no neon signs, or neon
accents installed on any wall area of the building, on the windows and/or
doors, canopy, light poles or any other portion of the site.
5. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless
otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other
than individual channel letters lighted with internal neon and as approved by the Zoning
Administrator, or electronic display signs or accents installed on any wall area of the
exterior of the building, in or on the windows, or on the doors. There shall be no window
signage permitted. The building signage shall not be a "box sign"and the proposed sign
package shall be submitted to the Department of Planning for review and approval.
This Ordinance shall be effective in accordance with Section 107() of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 91h day of August Two Thousand
Twenty Two.
August 9, 2022
41
ITEM— VLK.2
PLANNING
ITEM#73122
(Continued)
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
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SXCW Properties II, LLC .`�J.
Property Polygons Parcel on the southwest corner of Sandbridge Road & s
Zoning Fisher Arch, east of 1973
Building - Feet
0 60120 240 360 480 600 720
TRACT NO. 8, LLC, a Virginia limited liability company
SXCW PROPERTIES II, LLC, a North Carolina limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 2nd day of June, 2022, by and between TRACT NO. 8,
LLC, a Virginia limited liability company, party of the first part, Grantor, SXCW PROPERTIES
II, LLC, a North Carolina limited liability company, party of the second part, Grantor, and THE
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party
of the third part, Grantee.
WITNESSETH:
WHEREAS, the party of the first part is the owner of one parcel of land located in the
Princess Anne District of the City of Virginia Beach, containing approximately 2.6 acres as more
particularly described as "Exhibit A" attached hereto and incorporated herein by reference. Said
parcel as described in Exhibit"A"is herein referred to as the "Property"; and
WHEREAS,the party of the second part,as contract purchaser of the Property has initiated
a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition
addressed to the Grantee so as to change the Zoning Classification of the Property from AG-2
Agricultural District to B-2 Business District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes though zoning and other land development legislation; and
WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses
conflict and that in order to permit differing uses on and in the area of the Property and at the same
time to recognize the effects of change, and the need for various types of uses, certain reasonable
conditions governing the use of the Property for the protection of the community that are not
GPIN: 2414-31-2772-0000 Prepared by: Leslie R. Watson
Wolcott Rivers Gates
200 Bendix Rd Ste 300
Virginia Beach, VA 23452
generally applicable to land similarly zoned are needed to cope with the situation to which the
Grantors' rezoning application gives rise; and
WHEREAS,the Grantors have voluntarily proffered,in writing, in advance of and prior to
the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in
addition to the regulations provided for the B-2 Zoning District by the existing overall Zoning
Ordinance, the following reasonable conditions related to the physical development, operation,
and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and
applicable to the Property, which has a reasonable relation to the rezoning and the need for which
is generated by the rezoning.
NOW, THEREFORE, the Grantors, for themselves, their successors, personal
representatives, assigns, grantee, and other successors in title or interest, voluntarily and without
any requirement by or exaction from the Grantee or its governing body and without any element
or compulsion or quid pro quo for conditional use, site plan, or building permit, hereby make the
following declaration of conditions and restrictions which shall restrict and govern the physical
development, operation, and use of the Property and hereby covenants and agrees that this
declaration shall constitute covenants running with the Property, which shall be binding upon the
Property and upon all parties and persons claim under or through the Grantors, their successors,
personal representatives, assigns, grantee, and other successors in interest or title:
1. When the Property is developed, the entrance, streets, internal layout, landscaping
and fencing shall be substantially in accordance with the "REZONING AND CONDITIONAL
USE PLAN", dated 12/03/2021, prepared by Gaddy Engineering Services, LLC, which has been
submitted and is on file with the Virginia Beach Department of Planning ("Conceptual Plan").
2. When the Property is developed, the project shall have the architectural design
substantially as depicted on the rendering entitled "SAM'S XPRESS CAR WASH COLOR
ELEVATIONS CORNER OF FISHER ARCH AND SANBRIDGE ROAD VIRGINIA BEACH,
VA," dated 04/27/2022, prepared by Oak Line, which has been exhibited to the Virginia Beach
City Council and is on file with the Virginia Beach Department of Planning ("Review Set").
3. The final stormwater management plan submitted to the Development Services
Center(DSC) shall be in substantial conformance with the preliminary stormwater analysis.
2
4. Further conditions may be required by the Grantee during the detailed review of the
Conceptual Plan and Review Set and administration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
All references hereinabove to the conditional use and B-2 Business District and to the
requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval
of this Agreement by City Council, which are by this reference incorporated herein.
The above conditions,having been proffered by the Grantors and allowed and accepted by
the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and
effect until a subsequent amendment changes the zoning of the Property and specifically repeals
such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning
Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new
or substantially revised Zoning Ordinance until specifically repealed. The conditions, however,
may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, and executed by the second by the record
owner of the Property at the time of recordation of such instrument, provided that said instrument
is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee
which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,
1950, as amendment. Said ordinance or resolution shall be recorded along with said instruments
as conclusive evidence of such consent, and if not so recorded, said instrument shall be void.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia to administer and enforce the foregoing conditions and restrictions, including the
authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and
(b)to bring legal action or suit to insure compliance with such conditions, including mandatory or
prohibitory jurisdiction, abatement, damages, or other appropriate action, suit or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate;
3
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions,the Grantors shall petition the governing body for the review thereof prior to instituting
proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and conditions may be made
readily available and accessible for public inspection in the office of the Zoning Administrator and
in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee.
[Signature Page Follows]
4
WITNESS the following signatures and seals:
TRACT NO. 8, LLC,
a Virginia limit li 'lity company
By: (SEAL)
Name: e
Title: ~-g
STATE OF VIRGINIA
CITY/COUNTY OF \i i tom' i n i &G C k ,to-wit:
I, the undersigned, a Notary Public in and for my City/County and State aforesaid, do
hereby certify that �4 5 ki of TRACT NO.8,LLC,
a Virginia limited liability company, whose name is signed to the foregoing instrument, has
acknowledged the same before me this 3 day of J�n , 2022, who is personally
known to me or has produced 'bRtve.Pci b as identification.
p ^�
v V\
Notary ublic
JENNIFER FOSS
My Commission Expires: 3i31 a3 NOTARY PUBLIC
REG. #279565
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES MARCH 31,2023
My Commission Number: `115'o 5
5
WITNESS the following signatures and seals:
SXCW PROPERTIES II, LLC,
a North Carolina limited liability company
(SEAL)
Nam . �+oo trt
Title: evefC1 �v�'t Motnadel
STATE OF NORTH CAROLINA
CITY/COUNTY OF , to-wit:
I, the undersi ed, a Notary Public in and for my City/County and State aforesaid, do
hereby certify that , 1)eI/caoeffsa a S CW Properties
II, LLC, a North Carolina 1. ited liability company, whose name is signed to the foregoing
instrument, has acknowledged the same before me this 3 day of , 2022, who
is personally known to me or has produced as identification.
Notary Public
My Commission Expires: I 6 c3(P
My Commission Number: 0a 1 a97OC 41d PIATRICIAMARIE WHEELER
NOTARY PUBLIC
• Meddselanp County
Now Carolina
My Commission Expires Oct.20,2020
6
EXHIBIT A
ALL that certain,piece or parcel of land, lying and being in the City of Virginia Beach, Virginia,
and designated as Parcel A-11,AREAL 113,117 SF or 2.597 Ac., on plat of subdivision prepared
by MSA, P.C., titled "SUBDIVISION OF SANDBRIDGE MARKETPLACE (INSTR. NO.
20051228002079030)(MB 110, PG 19) VIRGINIA BEACH, VIRGINIA", dated June 29, 2011,
prepared by MSA, P.C., and recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, as Instrument No. 20120615000663450, reference to which plat is
hereby made for a more particular description.
7
Virginia Beach Planning Commission
July 13, 2022, Public Meeting
Agenda Items # 4 & 5
SXCW Properties II, LLC [Applicant]
Tract No. 8, LLC [Property Owner]
(4) Conditional Rezoning [AG-2 Agricultural District to Conditional B-2 Business District]
(5) Conditional Use Permit [Car Wash Facility]
Address: Parcel on the southwest corner of Sandbridge Road & Fisher Arch, east of 1973
Sandbridge Road
RECOMMENDED FOR APPROVAL - CONSENT
Mr. Alcaraz: Thank you for that. Is there any opposition to this item being placed on the Consent
Agenda? Hearing none, moving on to items#4 and #5 together, SXCW Properties,
LLC for Conditional Rezoning AG-2 Agricultural District to Conditional B-2
Business District for a carwash. Would the applicant or representative please come
forward.
Mr. Garrington: Thank you. Good morning Mr. Chairman, ladies and gentlemen of the Planning
Commission. For the record, Billy Garrington on behalf of the applicant. The
applicant is SXCW Properties II LLC, Conditional Rezoning and a Conditional Use
Permit for a car wash on Fisher Arch in the Sandbridge section of City of Virginia
Beach. There are four conditions in the staff write up and four proffers. Also in the
staff write up we're in total agreement with the recommendations by your staff, and
we thank you for putting this on the consent agenda.
Mr. Alcaraz: Is there any opposition to this item being placed on the Consent Agenda? Hearing
none, I have asked Commissioner Dave Bradley to read it for the record.
Mr. Bradley: The applicant is requesting to rezone a 2.6 acre site along Sandbridge Road from
AG-2 Agricultural District to Conditional B-2 Community Business District as well
as a Conditional Use Permit to construct and operate a carwash facility. Property
is on the corner of Sandbridge Road and Fisher Arch and the Comprehensive Plan
is within the Transition Area. The plan depicts a 4115 square foot single bay
carwash building with four parking spaces designated for employees and 20
spaces designated with vacuum stations. The proposal meets the parking
requirements set forth in the Zoning Ordinance. Staff recommends this and since
there were no known speakers in opposition, we decided to put it on our consent
agenda.
Mr. Alcaraz: Thank you. Mr. Chair that was the last item on the Consent Agenda, the Planning
Commission places the following applications on the consent agenda, items
number 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22.
Mr. Wall: Okay, thank you. First, I'm going to do motioning, we have quite a few items on the
Consent Agenda. I'm going to ask for the motion and then we're going to get to the
abstention I think, there are a couple. So do I have a motion to approve by consent
agenda items? 1, 4 & 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22.
We have motion by Mr. Alacaraz and a second by Mr. Horsley. Are there any
abstentions?
Mr. Alcaraz: Yes. On #17, I have on file on the Planning Commission meeting files a disclosure
regarding the July Planning Commission discussion and vote on #17 U.S. Surf
Company Inc. at 2017 Arctic Avenue. I will abstain from voting or discussing this
matter at the July 13, 2022 Planning Commission Public Hearing.
Mr. Wall: Okay, thank you. Anybody else?
Mr. Redmond: Mr. Chairman, I have a letter on file with the City Attorney's office abstaining from
all STR applications and ordinances and short term rental applications and
ordinances. In this meeting that would be agenda items#18, 19, 20, 21, and 22. It
will be in support of the consent agenda, but specifically abstaining from those
agenda items 18, 19, 20, 21 and 22. Thank you.
Madam Clerk: Vote is open. By recorded vote of 10 in favor and 0 against agenda items 1, 4, 5,
7, 10, 11, 12, 13, 14, 15, and 16 have been recommended for approval by consent.
Agenda Item #17, by a vote of 9 in favor and 0 against with Commissioner Alcaraz
abstaining is recommended for approval by consent and agenda items 18, 19, 20,
21, and 22 by a vote of 9 in favor and 0 against with Commissioner Redmond
abstaining are recommended for approval by consent.
AYE 10 NAY 0 ABS 0 ABSENT 1
Alcaraz AYE
Bradley AYE
Clemons AYE
Coston AYE
Cuellar AYE
Frankenfield AYE
Horsley AYE
Oliver AYE
Redmond AYE
Wall AYE
Weiner ABSENT
CONDITIONS
1. At the time of site plan review, a Landscape Plan that reflects the plant material depicted on
the exhibit entitled,
"REZONING AND CONDITIONAL USE PLAN", dated 12/03/2021, prepared by Gaddy
Engineering Services, LLC, which has been submitted and is on file with the Virginia Beach
Department of Planning, shall be submitted for review to the Development Services Center
and shall obtain approval prior to the issuance of a building permit. Landscape material shall
be installed on site in compliance with the requirements of the Virginia Beach Landscape
Guide. Landscaping required, depicted on the Landscape Plan, and to be installed includes,
but is not limited to, the following:
a. Foundation landscaping along the Fisher Arch façade of the car wash building.
b. Street frontage landscaping, a minimum ten (10) feet in width, shall be installed along
Sandbridge Road and Fisher Arch.
c. A variable width landscape buffer to include a variety of trees and shrubs from the list of
Category Ill plantings shall be installed along the multi-use trail along Sandbridge Road
or as determined by the Director of Planning.
2. All vacuum stations shall be screened from the rights-of-way with plant material of a size and
species acceptable to the Development Service Center's Landscape Architect, all of which
shall be depicted on the Landscape Plan.
3. All exterior lighting shall be low intensity and residential in character. Consistent with Section
237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare
onto the car wash premises; said lighting and glare shall be deflected, shaded and focused
away from all adjoining property. Outdoor lighting fixtures shall not be erected any higher than
14 feet. A Photometric Plan shall be submitted during the site plan review process to ensure
that all lighting on the site will be shielded and directed downward to limit the potential for
overspill beyond the property's boundary.
4. Signage for the site shall be limited to the following:
a. Directional signs.
b. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set in a
brick base and shall be constructed using materials and color scheme to match the
building.
c. No striping shall be permitted on the vacuum station canopies.
d. All signage shall be externally lit. There shall be no neon signs, or neon accents installed
on any wall area of the building, on the windows and/or doors, canopy, light poles or any
other portion of the site.
5. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless
otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than
individual channel letters lighted with internal neon and as approved by the Zoning
Administrator, or electronic display signs or accents installed on any wall area of the exterior
of the building, in or on the windows, or on the doors. There shall be no window signage
permitted. The building signage shall not be a "box sign" and the proposed sign package shall
be submitted to the Department of Planning for review and approval.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement
(CZA). The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily
submitted these proffers in an attempt to"offset identified problems to the extent that the proposed
rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be
recorded at the Circuit Court and serve as conditions restricting the use of the property as
proposed with this change of zoning.
Proffer 1:
When the Property is developed, the entrance, streets, internal layout, landscaping and fencing
shall be substantially in accordance with the "REZONING AND CONDITIONAL USE PLAN",
dated 12/03/2021, prepared by Gaddy Engineering Services, LLC, which has been submitted and
is on file with the Virginia Beach Department of Planning ("Conceptual Plan").
Proffer 2:
When the Property is developed, the project shall have the architectural design substantially as
depicted on the rendering entitled "SAM'S XPRESS CAR WASH COLOR ELEVATIONS
CORNER OF FISHER ARCH AND SANDBRIDGE ROAD VIRGINIA BEACH, VA," dated
04/27/2022, prepared by Oak Line, which has been exhibited to the Virginia Beach City Council
and is on file with the Virginia Beach Department of Planning ("Review Set").
Proffer 3:
The final stormwater management plan submitted to the Development Services Center (DSC)
shall be in substantial conformance with the preliminary stormwater analysis.
Proffer 4:
Further conditions may be required by the Grantee during the detailed review of the Conceptual
Plan and Review Set and administration of applicable City Codes by all cognizant City agencies
and departments to meet all applicable City Code requirements.
Staff Comments: The proffers provide a high level of predictability in terms of references to
architectural style and elements, site layout and vehicular access, plantings, stormwater, and
signage. Staff has reviewed the Proffers listed above and finds them acceptable. The City
Attorney's Office has reviewed the agreement and found it to be legally sufficient and in
acceptable legal form.
42
ITEM— VLK.3
PLANNING
ITEM#73123
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS
PROFFERED, BY CONSENT, Application of HUNTER'S MILL APARTMENTS, LLC/HUNTER'S
MILL APARTMENTS, LLC & LADERBERG SQUARE, LLC for a Conditional Rezoning from A-18
Apartment District & B-2 Community Business District to Conditional A-18 Apartment District at 397
Brixton Drive, parcel West of 5444 Virginia Beach Boulevard& triangular parcel between 397 Brixton
Drive& 500 Aylesbury Drive DISTRICT 4(Formerly District 2-Kempsville)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
HUNTER'S MILL APARTMENTS, LLC/ HUNTER'S MILL
APARTMENTS, LLC & LADERBERG SQUARE, LLC for a
Conditional Rezoning from A-18 Apartment District & B-2 Community
Business District to Conditional A-18 Apartment District at 397 Brixton
Drive,parcel West of 5444 Virginia Beach Boulevard&triangular parcel
between 397 Brixton Drive& 500 Aylesbury Drive (GPINs 1467488322,
1467582138, 1467487008) DISTRICT 4(Formerly District 2-Kempsville)
The following conditions shall be required:
An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9`h day of August Two Thousand
Twenty Two.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
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Hunter's Mill Apartments, LLC "
WA_
}A Site 397 Brixton Drive, parcel west of 5444 Virginia Beach Boulevard, , .
Property Polygons & triangular parcel between S
Zoning 397 Brixton Drive & 500 Aylesbury Drive
Building — mmmi mimmi Feet
0 60120 240 360 480 600 720
1
HUNTER'S MILL APARTMENTS, LLC, a Virginia limited liability company
LADERBERG SQUARE, LLC, a Virginia limited liability company
TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT ("Agreement") is made and entered into as of the Effective Date
(as such date is defined in this Agreement), by and among HUNTER'S MILL
APARTMENTS, LLC, a Virginia limited liability company ("Hunter's Mill"), Grantor for
indexing purposes, and LADERBERG SQUARE, LLC, a Virginia limited liability company
("Laderberg"), Grantor for indexing purposes (collectively, "GRANTOR"), and THE CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, being referred
to herein as ("GRANTEE").
WITNESSETH:
WHEREAS, Hunter's Mill is the owner of two (2)parcels of real property located in the
City of Virginia Beach, Virginia, commonly referred to as 397 Brixton Drive, GPIN Nos: 1467-
48-8322-0000 ("Hunter's Mill Developed Parcel") & 1467-58-2138-0000 ("Hunter's Mill
Vacant Parcel"), containing a total of 11.237 acres, which are more particularly described on
Exhibit A(collectively, "Hunter's Mill Phase I Property");
WHEREAS, Laderberg is the owner of that certain undeveloped parcel of real property
located in the City of Virginia Beach, Virginia, adjacent to the Hunter's Mill Phase I Property
commonly referred to as GPIN No: 1467-48-7008-0000("Hunter's Mill Phase II Parcel"),
containing 0.883 acres, as more particularly described on Exhibit B, attached hereto and
incorporated herein by reference;
WHEREAS, the Hunter's Mill Developed Parcel, which is approximately 10.633 acres, is
zoned A-18 Apartment District and is currently improved with a one hundred eighty(180)unit
multi-family apartment community known as"Hunter's Mill Apartments";
WHEREAS, the Hunter's Mill Vacant Parcel, which is approximately 0.604 acres, and
the Hunter's Mill Phase II Parcel, which is approximately 0.88 acres, are currently undeveloped
and are both zoned B-2 Community Business District;
WHEREAS, Hunter's Mill will acquire the Hunter's Mill Phase II Parcel to develop as an
expansion of Hunter's Mill Apartments;
GPIN: 1467-48-8322-0000; 1467-58-2138-0000 &
1467-48-7008-0000
Prepared by: Lisa M.Murphy,Esquire(VSB#39111)
Willcox& Savage,P.C.
440 Monticello Avenue, Suite 2200
Norfolk,Virginia 23510
WHEREAS, Hunter's Mill has initiated a conditional amendment to the Zoning Map of
the City of Virginia Beach, Virginia,by petition addressed to GRANTEE so as to change the
Zoning Classification of the Hunter's Mill Vacant Parcel and the Hunter's Mill Phase II Parcel,
from B-2 Community Business District to Conditional A-18 Apartment District, in order to
construct thirty-six(36) dwelling units on the Hunter's Mill Phase II Parcel;
WHEREAS, it is GRANTEE's policy to provide only for the orderly development of
land for various purposes through zoning and other land development legislation;
WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible
development of various types of uses conflict and that in order to permit differing types of uses
on and in the area of the Hunter's Mill Phase I Property and the Hunter's Mill Phase II Parcel
and at the same time to recognize the effects of change that will be created by the proposed
rezoning, certain reasonable conditions governing the use of the Hunter's Mill Phase I Property
and the Hunter's Mill Phase II Parcel for the protection of the community that are not generally
applicable to land similarly zoned are needed to resolve the situation to which the proposed
rezoning gives rise; and
WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to
the public hearing before GRANTEE, as part of the proposed amendments to the Zoning Map of
the City of Virginia Beach, Virginia("Zoning Map")with respect to the Hunter's Mill Phase I
Property and the Hunter's Mill Phase II Parcel, the following reasonable conditions related to the
physical development, operation, and use of the Hunter's Mill Phase I Property and the Hunter's
Mill Phase II Parcel to be adopted as a part of said amendment to the Zoning Map relative and
applicable to the Hunter's Mill Phase I Property and the Hunter's Mill Phase II Parcel, which
have a reasonable relation to the proposed rezoning and the need for which is generated by the
proposed rezoning.
NOW, THEREFORE,the GRANTOR, and its successors, assigns, grantees and other
successors in title or interest, voluntarily and without any requirement by or exaction from the
GRANTEE or its governing body and without any element of compulsion or quid pro quo for
zoning, rezoning, site plan,building permit, or subdivision approval, hereby makes the following
declaration of covenants and restrictions which shall restrict and govern the physical
development, operation, and use of the Hunter's Mill Phase I Property and the Hunter's Mill
Phase II Parcel and hereby covenants and agrees that these proffers shall constitute covenants
running with the property, which shall be binding upon the Hunter's Mill Phase I Property and
the Hunter's Mill Phase II Parcel and upon all parties and persons claiming under or through the
GRANTOR, and its successors, assigns, grantees and other successors in interest or title:
1. The Hunter's Mill Vacant Parcel and the Hunter's Mill Phase II Parcel shall be
developed in substantial conformity with the conceptual site plan entitled "Hunter's
Mill Expansion Preliminary Development Plan, Virginia Beach, Virginia", prepared
by AES Consulting Engineers dated May 27, 2022 ("Conceptual Site Plan"), which
2
has been exhibited to the Virginia Beach City Council ("City Council")and is on file
with the Virginia Beach Department of Planning("Planning Department").
2. The architectural design and building materials of the apartment buildings developed
on the Hunter's Mill Phase II Parcel shall be substantially compatible with the
architectural style and materials depicted on the building elevation plans entitled "397
Brixton Drive, Virginia Beach, VA",prepared by The Housing Studio, dated May 27,
2022 ("Elevations"), which have been exhibited to City Council and are on file with
the Planning Department.
3. The Hunter's Mill Phase II Parcel and the Hunter's Mill Vacant Parcel will be
landscaped in substantial conformity with the landscape plan entitled"Hunter's Mill
Expansion Preliminary Landscape Plan, Virginia Beach, Virginia",prepared by AES
Consulting Engineers, dated May 27, 2022 ("Landscape Plan"),which has been
exhibited to City Council and is on file with the Planning Department.
4. The Hunter's Mill Phase I Property and the Hunter's Mill Phase II Parcel shall
become one common zoning lot zoned Conditional A-18 Apartment District("Zoning
Lot"), as depicted on the plat entitled"Zoning Plat, Hunter's Mill Apartments,
Virginia Beach, Virginia",prepared by AES Consulting Engineers dated May 27,
2022 ("Zoning Plat"), which has been exhibited to City Council and is on file with the
Planning Department.
5. Prior to the issuance of final site plan approval for the development of the Hunter's
Mill Vacant Parcel and the Hunter's Mill Phase II Parcel, Hunter's Mill will re-
subdivide the Hunter's Mill Phase I Property to remove the existing internal lot line
between the Hunter's Mill Developed Parcel and the Hunter's Mill Vacant Parcel.
6. Prior to or contemporaneously with the issuance of a building permit for the
construction of improvements on the Hunter's Mill Phase II Parcel, Hunter's Mill will
acquire the Hunter's Mill Phase II Parcel, which is the parcel labeled "Parcel C"on
the Zoning Plat. Thereafter, the Hunter's Mill Phase II Parcel will remain under
common ownership, as defined in the Zoning Ordinance of the City of Virginia Beach
("Zoning Ordinance"), with the Hunter's Mill Phase I Property, which property
consists of the parcels labeled"Parcel A" and"Parcel B"on the Zoning Plat. The
Zoning Lot will be developed and operated as one multi-family apartment
community,unless or until such time as the entire Zoning Lot is redeveloped and/or
rezoned.
7. There shall be no more than thirty-six(36)multi-family dwelling units built on the
Hunter's Mill Phase II Parcel for a total combined density on the Zoning Lot of two
hundred sixteen(216)multi-family dwelling units.
8. Prior to building permit approval, Hunter's Mill will record a Declaration of
Easements, Covenants and Restrictions ("Declaration") creating reciprocal rights of
3
ingress, egress, access and to utilities, including without limitation stormwater
management utility facilities, over, under, across and through the Hunter's Mill Phase
I Property and the Hunter's Mill Phase II Parcel for the benefit of all tenants,
licensees and invitees of the same. The Declaration will also grant the owner, tenants
and invitees of the Hunter's Mill Phase II Parcel rights to use the clubhouse,
swimming pool,parking spaces, drive aisles and other common areas and amenities
located on the Hunter's Mill Phase I Property.
9. In lieu of the ten(10) foot side and rear yard setbacks otherwise required by the
Zoning Ordinance in the A-18 Apartment District,the building labeled, "Building 2",
on the Conceptual Site Plan,will be set back no less than five(5) feet from the rear
property line adjacent to the Hunter's Mill Phase I Property, and no less than two (2)
feet from eastern property line adjacent to the Hunter's Mill Phase I Property, or such
other distances as are deemed acceptable by the Planning Director during the site plan
review process. Off-street parking and open space requirements shall be calculated
utilizing the entire Zoning Lot.
10. Hunter's Mill will obtain a phase I environmental site assessment and will provide a
copy to the Planning Department prior to site plan submittal. If the phase I
environmental site assessment requires Hunter's Mill to obtain a phase II
environmental site assessment, Hunter's Mill will obtain a phase II environmental site
assessment prepared in accordance with ASTM E1903 and will provide a copy to the
Planning Department prior to site plan approval. If the phase II environmental site
assessment recommends remediation, such remediation shall be complete prior to the
release of any building permits.
11. The Effective Date of this Agreement shall be the date this Agreement is approved by
City Council.
All references herein to the A-18 Apartment District and to the requirements and
regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the
City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City
Council,which are by this reference incorporated herein.
The above conditions, having been proffered by GRANTOR and allowed and accepted
by GRANTEE as part of the amendments to the Zoning Ordinance of the City of Virginia Beach,
Virginia, in force as of the date this Agreement is approved by City Council, shall continue in
full force and effect until a subsequent amendment changes the zoning of the Property and
specifically repeals such conditions. Such conditions shall continue despite a subsequent
amendment to the Zoning Ordinance even if the subsequent amendment is part of a
comprehensive implementation of a new or substantially revised Zoning Ordinance until
specifically repealed. The conditions, however,may be repealed, amended, or varied by written
instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia("Clerk's Office") and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by the GRANTEE
4
in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the
governing body of the GRANTEE, after a public hearing before City Council which was
advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as
amended. Said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded, said instrument shall be void.
1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied, and(b) to bring legal action or suit to insure compliance with
such conditions, including mandatory or prohibitory injunction, abatement, damages,
or other appropriate action, suit, or proceeding;
2. The failure to meet all conditions and restrictions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate;
3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, GRANTOR shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
4. The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the
office of the Zoning Administrator and in the Planning Department, and they shall be
recorded in the Clerk's Office and indexed in the names of each of the GRANTOR
and GRANTEE.
[THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURES AND SEALS ON
FOLLOWING PAGE.]
5
WITNESS the following signature and seal.
GRANTOR:
HUNTER'S MILL APARTMENTS, LLC
a Virginia limited liability company
By: APARTMENT INVESTMENTS, INC.,
a Virginia c oration, Its Manager
By: J f [SEAL]
Name: Terry M. Ma hall
Title: Vice President
COMMONWEALTH OF VIRGINIA
CITY OF 4 r f,4, R0 A, to wit:
The foregoing instrument was acknowledged before me this day of May 2022, by
Terry M. Marshall, as Vice President of APARTMENT INVESTMENTS, INC., a Virginia
corporation, Manager of HUNTER'S MILL APARTMENTS, LLC, a Virginia limited liability
company, on behalf of said company.
[SEAL] �-♦s,
Notary Public ,
Registration No: aZ,,/ 4_9 S
My Commission Expires: '//3r fc
r
•
.eN` DOROTHY NOBLES
Notary Public
; l�� Commonwealth of Virginia
ti ,, My Commission Expires April 30,2026
Commission ID#211688
[Hunter's Mill Apartments, LLC]
Signature Page
WITNESS the following signature and seal.
GRANTOR:
LADERBERG SQUARE, LLC,
a Virginia limited liabi 't_y company
By: [SEAL]
Name: arry aderber
Title: Member Manager
COMMONWEALTH OF VIRGINIA
CITY OF V. � B Q, , to wit:
The foregoing instrument was acknowledged before me this
�- day of May 2022, by Harry Laderberg, as Member
Manager of LADERBERG SQUARE, LLC, a Virginia limited
liability company, on behalf of said company.
[SEAL] 4€1
Notary Public
Registration No: 1 l 0o05 3
KATHERINE SCARLETT ELLIOTT My Commission Expires:
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA 31.2.0 ZZ
MY COMMISSION EXPIRES JULY 31,2022
COMMISSION#7600053
Exhibit A
to
Proffered Covenants,Restrictions and Conditions
Legal Description of the Hunter's Mill Phase I Property
Hunter's Mill Developed Parcel:
ALL THAT certain lot,piece or parcel of land, situate, lying and being in the City of Virginia
Beach,Virginia, and known, numbered and designated as Parcel "B", containing 468,645 Sq. Ft.
or 10.76 Acres, as shown on that certain plat entitled "Plat of Parcels A and B, Being a
Subdivision of the Property of Arena Furniture Corporation and Doreen A. Fielding", which said
plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Deed Book 2389,page 251.
SAVE AND EXCEPT that portion of the property conveyed to the City of Virginia Beach for
roadway purposes in Deed Book 2412, page 1798.
SAVE AND EXCEPT that portion of the property conveyed to the Commonwealth of Virginia,
being .039 acre+/- for Route 58. recorded in Deed Book 2887,page 1652.
And said property "as surveyed" being more particularly described as follows:
Beginning at a pin, said point being located on the northern right-of-way line of Virginia Beach
Boulevard, and on the division line adjoining property now or formerly Laderburg Square, LLC,
and being approximately 529.87 feet east of Davis Street; thence running along said northern
right-of-way line of Virginia Beach Boulevard toward Davis Street N 59°00'36"W, 124.96 feet
to a pin; thence turning and leaving said right-of-way line and running N 27°18'54" E, 1185.39
feet to a pin; hence turning and running S 58°47'31" E, 174.59 feet to a pin; thence turning and
running S 58°53'13" E, 175.82 feet to a pin; thence turning and running S 27°19'40" W, 685.65
feet to a pin; thence turning and running S 59°16'55" E, 349.41 feet to a pin; thence turning and
running S 27°10'30" W, 483.71 feet to a pin, said point being on the northern right-of-way line of
Virginia Beach Boulevard; thence turning and running along said right-of-way line N 62°04'18"
W, 50.00 feet to a pin; thence turning and leaving said right-of-way line and running N
27°10'30" E, 186.91 feet to a pin; thence turning and running N 59°00'00" W, 424.33 feet to a
pin; thence turning and running N 26°43'46" E, 178.62 feet to a pin; thence turning and running
N 59°00'00" W, 100.00 feet to a pin; thence turning and running S 27°11' 48" W, 379.55 feet to a
pin, said point being the point of beginning. Said property containing 10.663 acres,more
or less.
A-1
Hunter's Mill Vacant Parcel:
ALL THAT certain piece or parcel of land, with the appurtenances thereto
pertaining, situated in the City of Virginia Beach, Virginia, as shown on a certain plat entitled
"Survey of James A. Winslow, Princess Anne County, Scale: 1 inch = 100 feet, dated February
1947 by W.B. Gallup, County Surveyor", which property is more particularly described as
follows:
BEGINNING at a pin which is located on the West side of a 20 foot road, as shown on said plat,
the said pin being located North 27 degrees 10' East, 540 feet,more or less, from the North
boundary of Virginia Beach Boulevard; thence from said point of beginning,North 59 degrees
West 258 feet, more or less, to a point on the South side of a canal ditch; thence North 81
degrees 12' East along the South side of the said canal ditch, 317.9 feet, more or less, to a point
on the 20 foot road; thence South 27 degrees 10' West along the said 20 foot road 204 feet, more
or less, to the point of beginning, containing 0.6 acres, more or less. It is understood and agreed
between the parties that no part of the said canal ditch is included in this conveyance.
IT BEING a portion of the same property conveyed to 195 Associates, a Virginia general
partnership by deed from Doreen A. Fielding, unmarried, dated February 1, 1985 and recorded
February 1, 1985 in Deed Book 2389 at page 793.
IT BEING a portion of the same property conveyed to 195 Associates, a Virginia general
partnership by deed from Arena Associates, a Virginia limited partnership, dated February 1,
1985 and recorded February 1, 1985 in Deed Book 2389 at page 803.
IT BEING a portion of the same property conveyed to 195 Associates, a Virginia general
partnership by deed from Arena Associates, a Virginia limited partnership, dated June 23, 1986
and recorded June 25, 1986 in Deed Book 2515 at page 213. 195 Associates, L.L.P. converted
into Hunter's Mill Apartments, LLC as evidenced by Officer's Certificate recorded November 1,
2010 as Instrument No. 01011010011603 80.
A-2
Exhibit B
to
Proffered Covenants, Restrictions and Conditions
Legal Description of the Hunter's Mill Phase II Parcel
ALL THAT certain lot, piece or parcel of land, together with the improvements thereon and the
appurtenances thereunto, being situate in the City of Virginia Beach, Virginia and designated as
Part of Lot Seven (7) on the plat of the Brown Estate, which plat is duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 1 at Page 5-B,
and further being shown as "Henry Uzzle, 1 Acre" on a survey recorded in the aforesaid Clerk's
Office in Map Book 4 at Page 199 and being further bounded and described as follows, to-wit:
Bounded on the South by Virginia Beach Boulevard; on the West and North by land formerly
owned by Thomas Clark; on the North and East by the land formerly owned by Edward Johnson,
fronting 100 feet, more or less, on the northside of Virginia Beach Boulevard and extending back
between parallel lines (a course of N 27° 10' E sometimes referred to in error as N 27° 14' E in
prior deeds, a distance of 435.6 feet; the course of the Boulevard being S 59° E).
LESS, SAVE and EXCEPT to that portion of the property by deed from the Commonwealth of
Virginia to Howard Laderberg High Point Factory Outlet Furniture Company, Incorporated, a
Virginia Corporation, dated December 7, 1988 and recorded in the Clerk's Office of the Circuit
Court of City of Virginia Beach, Virginia, as Deed Book 2791, page 1078.
IT BEING the same property conveyed to Laderberg Square, LLC, a Virginia limited liability
company, by deed from William Laderberg, Harry Laderberg, Romney Kenneth Laderberg, and
Linda L. Baltuch, dated 10/25/2007, and recorded in the Clerk's Office of the Circuit Court of
City of Virginia Beach, Virginia, as Document Number 20071105001488940.
B-1
43
ITEM— VLK.4
PLANNING
ITEM#73124
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS
CONDITIONED,BY CONSENT,Application of KATHERINE ANN OLIVAS/KATHERINE OLIVAS
&JESSICA MCGOWAN for a Conditional Use Permit re family day-care home at 2717 Inglewood Lane
DISTRICT 2(Formerly District 1-Centerville)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
KATHERINE ANN OLIVAS/ KATHERINE OLIVAS & JESSICA
MCGOWAN for a Conditional Use Permit re family day-care home at
2717 Inglewood Lane (GPIN 1474278257) DISTRICT 2 (Formerly
District 1-Centerville)
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.
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.
August 9, 2022
44
ITEM— VLK.4
PLANNING
ITEM#73124
(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 9`h day of August Two Thousand
Twenty Two.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
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Property Polygons Katherine Ann Olivas w�SV
O Zoning 2717 Inglewood Lane
Building Feet
0 2040 80 120 160 200 240
45
ITEM— VI.K.5
PLANNING
ITEM#73125
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of GLORIOUS GROOMING, LLC/ JODHA H.
GOODMAN ESTATE for a Conditional Use Permit re home occupation at 140 South Gum Avenue
DISTRICT 4(Formerly District 5-Lynnhaven)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
GLORIOUS GROOMING,LLC/JODHA H. GOODMAN ESTATE for
a Conditional Use Permit re home occupation at 140 South Gum Avenue
(GPIN 1477832207)DISTRICT 4(Formerly District 5-Lynnhaven)
The following conditions shall be required:
1. There shall be no sign identifying the businesses on the exterior of any building on the
property or within the yard of the property.
2. In accordance with Section 234(d) of the City Zoning Ordinance, the use shall not create
noise,dust, vibration,smell,glare, electrical interference,fire hazard, or any other hazard
or nuisance to any greater or more frequent extent than would normally be expected in the
neighborhood under normal circumstances wherein no home occupation exists.
3. No more than twenty (20)percent of the floor area of the dwelling unit shall be used in
conduct of the activity.In addition, all activities related to the proposed Home Occupation
shall only be conducted inside of the of 170 square foot room on the property.
4. Hours of operation shall be limited to 9:00 a.m. to 5:00 p.m., Monday through Friday.
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 9`h day of August Two Thousand
Twenty Two.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
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Zoning 140 South Gum Avenue
Building Feet
0 2040 80 120 160 200 240
46
ITEM— VLK.6
PLANNING
ITEM#73126
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of THOMAS MARK GOLDSBERRY for a Conditional
Use Permit re home occupation at 1140 Treefern Place DISTRICT 5 (Formerly District 6-Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
THOMAS MARK GOLDSBERRY for a Conditional Use Permit re home
occupation at 1140 Treefern Place (GPIN 2416846334) DISTRICT 5
(Formerly District 6-Beach)
The following conditions shall be required:
1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault
or similar container. The applicant shall contact the Police Department's Crime
Prevention Office to arrange for a meeting at the property for the purpose of conducting a
security assessment within one (1) month of the granting of this Conditional Use Permit.
A report shall be written by the Police Department, a copy provided to the applicant, the
Planning Department, and a copy retained by the Police Department.
2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the
Bureau of Alcohol, Tobacco, Firearm and Explosives(ATF) in order to conduct business.
3. All small arms ammunition,primers, smokeless propellants, and black powder propellants
stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia
Statewide Fire Prevention Code and NFPA 495.
4. There shall be no sign identifying the business on the exterior of any building on the
property or within the yard of the property.
5. There shall be no more than five(5)hand-to-hand transactions per month at the dwelling.
6. Delivery of firearms to the property shall be received on the applicant's property only,
secured by the applicant's signature.
7. The use shall not create noise, dust, vibration, smell, glare, electrical interference,fire
hazard, or any other hazard or nuisance to any greater or more frequent extent than would
normally be expected in the neighborhood under normal circumstances wherein no home
occupation exists.
8. No more than twenty (20)percent of the floor area of the dwelling unit shall be used in
conduct of the activity.In addition, all activities related to the proposed Home Occupation
shall only be conducted inside the 506 square foot attached garage on the property.
9. There shall be only one(1) employee associated with this home based business.
August 9, 2022
47
ITEM— VLK.6
PLANNING
ITEM#73126
(Continued)
This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9`h day of August Two Thousand
Twenty Two.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
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Property Polygons s
Zoning 1104 Treefern Place
Building Feet
0 30 60 120 180 240 300 360
48
ITEM— VI.K.7
PLANNING
ITEM#73127
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of WROBLEWSKI ART, LLC/OCEANA PARTNERS,
LLC for a Conditional Use Permit re tattoo parlor at 1329 Oceana Boulevard, Suite 110 DISTRICT 5
(Formerly District 6-Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4
WROBLEWSKI ART, LLC/ OCEANA PARTNERS, LLC for a
Conditional Use Permit re tattoo parlor at 1329 Oceana Boulevard, Suite
110(GPIN 2415486899)DISTRICT 5(Formerly District 6-Beach)
The following conditions shall be required:
1. A business license for the Tattoo Parlor shall not be issued to the applicant without the
approval of the Health Department for consistency with the provisions of Chapter 23 of
the City Code.
2. The actual application of tattoos shall not be visible from the exterior of the establishment
or from the waiting and sales area within the establishment.
3. Any on-site signage for the establishment shall meet the requirements of the City Zoning
Ordinance, and there shall be no neon, electronic display or similar sign installed on the
exterior of the building or in any window, or on the doors. Window signage shall not be
permitted.A separate sign permit shall be obtained from the Planning Department for the
installation of any new signs.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9th day of August Two Thousand
Twenty Two.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
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Property Polygons ���S
O Zoning 1329 Oceana Boulevard, Suite 110
Building Feet
0 2040 80 120 160 200 240
49
ITEM— VI.K.8
PLANNING
ITEM#73128
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of 365 TATTOOING, LLC/LITTLE NECK TOWERS,
LLC for a Conditional Use Permit re tattoo parlor at 3500 Virginia Beach Boulevard,Suite 610 DISTRICT
8(Formerly District 5-Lynnhaven)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
365 TATTOOING, LLC/ LITTLE NECK TOWERS, LLC for a
Conditional Use Permit re tattoo parlor at 3500 Virginia Beach
Boulevard,Suite 610(GPIN 1487740899)DISTRICT 8(Formerly District
5-Lynnhaven)
The following conditions shall be required:
1. A business license for the Tattoo Parlor shall not be issued to the applicant without the
approval of the Health Department for consistency with the provisions of Chapter 23 of
the City Code.
2. The actual application of tattoos shall not be visible from the exterior of the establishment
or from the waiting and sales area within the establishment.
3. Any on-site signage for the establishment shall meet the requirements of the City Zoning
Ordinance, and there shall be no neon, electronic display or similar sign installed on the
exterior of the building or in any window, or on the doors. Window signage shall not be
permitted.A separate sign permit shall be obtained from the Planning Department for the
installation of any new signs.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9th day of August Two Thousand
Twenty Two.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
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50
ITEM— VLK.9
PLANNING
ITEM#73129
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of U.S. SURF COMPANY, INC./ SUNSATIONS
REALTY, LLC for Alternative Compliance re outdoor recreation facility and recurring outdoor special
events at 2017 Arctic Avenue& 317 20`h Street DISTRICT 6(Formerly District 6-Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
U.S. SURF COMPANY, INC./ SUNSATIONS REALTY, LLC for
Alternative Compliance re outdoor recreation facility and recurring
outdoor special events at 2017 Arctic Avenue & 317 20`h Street (GPINs
2427088204, 2427088131, 2427087180)DISTRICT 6(Formerly District
6-Beach)
The following conditions shall be required:
1. Foundation Landscaping shall be planted along the western property line in accordance with
the Oceanfront Form-Based Code, and the existing streetscape plantings along the rights-of-
way shall remain. In the event that any of this plant material is damaged or dies, it shall be
replaced in a timely manner.
2. No amplified music shall be permitted outdoors between the hours of ll:00 p.m. and 10:00 a.m.
3. The operation shall not disturb the tranquility of residential areas or other areas in close
proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property
by reason of excessive noise, traffic, lighting, or overflow parking.
4. A minimum of ten (10) bicycle parking spaces shall be provided on site.
5. The Virginia Beach Special Events Office shall be notified for all special events that take place
on the property.
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 9`h day of August Two Thousand
Twenty Two.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
None
August 9, 2022
0 iii , ,
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ME Zoning 2017 Arctic Avenue, 317 20th Street
Building Feet
0 1530 60 90 120 150 180
51
ITEM— VLL
APPOINTMENTS
ITEM#73130
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 POLICY AND MANAGEMENT TEAM
COMMUNITY SERVICES BOARD
DEVELOPMENT AUTHORITY
HEALTH SERVICES ADVISORY BOARD
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
INDEPENDENT CITIZEN REVIEW BOARD
INVESTIGATION REVIEW PANEL
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
OCEANA LAND USE CONFORMITY COMMITTEE
OLD BEACH DESIGN REVIEW COMMITTEE
OPEN SPACE ADVISORY COMMITTEE
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
SOCIAL SERVICES ADVISORY BOARD
SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA
TA/ITA CITIZENS ADVISORY COMMITTEE
TIDEWATER YOUTH SERVICES COMMISSION
TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS
URBAN AGRICULTURE ADVISORY COMMITTEE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
WETLANDS BOARD
August 9, 2022
52
UNFINISHED BUSINESS
ITEM#73131
Council Member Moss advised he recently attended an event where he spoke to an employee of Bank of
America who informed him that the baseline salary for all employees, including those who are
contracted, is$25.00 an hour. Council Member Moss advised while Bank of America was able to provide
a higher hourly salary due to cutting their workforce, he believes the City should be aware and consider
ways to increase City employee salaries for those who make$20.00 an hour or below. Council Member
Moss advised$20.00 an hour should not be considered a "living wage", especially after deductions are
taken out.
August 9, 2022
53
ADJOURNMENT
ITEM#73132
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7:04 P.M.
Terri H. Chelius _-'
Chief Deputy City Clerk
) ,.\,\ \\1/
A da Barnes, MMC II Robert M. Dyer
City Clerk Mayor
August 9, 2022
54
OPEN DIALOGUE
Jeremy Meikle, 1118 Marsh View Court, Phone: 469-2555, did not respond
Barbara Messner, P. O. Box 514, expressed her disapproval of the new City Council Chamber.
Sheri Johnson, 1240 Christian Court, Phone: 515-2563, did not respond.
Elisheba Harris, 727 Stanwix Square, Norfolk, Phone: 399-9439, requested City Council provide her
support due to the loss of her daughter, DeShayla Harris.
Elizabeth Altiere 891 Elizabeth Court, Phone: 740-403-2160, did not respond
Mike Pain, General,Black Panther Original Party, 1013 Atlantis Drive,Phone:241-2098,spoke to support
Ms. Harris's request.
ADJOURNED at 7:14 P.M.
August 9, 2022