HomeMy WebLinkAboutMAY 16, 2023 INFORMAL AND FORMAL SESSION MINUTES (Ucep ' p
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 16, 2023
Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference
Room, Tuesday, May 16, 2023, at 3:00 P.M
Council Members Present:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
2
CITY COUNCIL'S BRIEFING
"PROJECT WAYNE"UPDATE
ITEM#74221
3:01 P.M.
Mayor Dyer welcomed Taylor Adams, Deputy City Manager. Mr. Adams expressed his appreciation to
City Council for their continued support:
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Project Wayne `B
Taylor Adams,Deputy City Manager \VVV
City Council Public Briefing May 16,2023
Here is the Proposed Project Wayne—Phase I:
Project Wayne - Phase I
• Rezone property from AG-1 to I-1
•Advanced Manufacturing
•250 Acres
•Capital Investment - $175M
•New Employees - 400
Economic Development l City Council Public Briefing l May 16,2023 2
May 16, 2023
3
CITY COUNCIL'S BRIEFING
"PROJECT WAYNE"UPDATE
ITEM#74221
(Continued)
Here is the Interfacility Traffic Area (ITA)and Vicinity Background:
Interfacility Traffic Area and Vicinity Background
• ITA is an overlay zoning district i ; i„�IT, ' ;
created in 2005 to address land
use compatibility issues associated '2`
,&,, ,
with
frequent overflights of military
jets l"Afpeo,
.., ey:
• ITA Plan Adopted 2011. Updated �1 l
2017 as part of the 2016 Virginia r
Ii
Beach Comprehensive Plan
• Area is located below the Green
Line and is between NAS Oceana
and Naval Auxiliary Landing Field
Fentress ..... i
Economic Development I City Council Public Bnefmg I May 16 2023 - 4
., 3
a
ITA Master --�:,.
Plan .,,, on •0--r.
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Economic Development I City Council Public Briefing I May 16.2023,..s''.- - 4
May 16, 2023
4
CITY COUNCIL'S BRIEFING
"PROJECT WAYNE"UPDATE
ITEM#74221
(Continued)
Here are the ITA Plan Priorities:
ITA Plan Priorities
• Economic Development
• Agricultural Research ( ' "~�
• Provision of Quality Municipal •
Services
• Conservation
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Economic Development City Council Public Bnefing I May 16.2023 no-:roro.rt n
ITA Land Use Plan
• Expanded Recreation Fields
• Municipal Services Facility
• Agricultural Production
•
•
•
•
•
Eimnomic Development I City Council Public Briefing I May 16.2023 6
May 16, 2023
5
CITY COUNCIL'S BRIEFING
"PROJECT WAYNE"UPDATE
ITEM#74221
(Continued)
This graphic displays the "Green"and "Blue"lines:
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AWntic Ocean
rife
iaat t
COMPREHENSIVE ? '.„„ I
PLAN LAND USE MAP I;
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en A.
0al ireedecedy Valk Nee I TA:
i Prarce'aa Mee Commons
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ft.Me _.`
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Rural Area Boundary
t r.Green Line '--
1,EGENid
j 1 PROPOSED vARCd
g, as ER PROPERTY ail
=sC • lrz—':,►�ae�.... _s_ -- _.„,; —_—G EASELERT
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- ��`���SSS"' \ RURAL AREA
BOUNDARY
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May 16, 2023
6
CITY COUNCIL'S BRIEFING
"PROJECT WAYNE"UPDATE
ITEM#74221
(Continued)
This graphic displays the area for the proposed "Project Wayne":
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3:
LEGEND
PNOM/SED PARC6
f MSC re =—
EX PROPERTY US
AMiM1TlEA AW�� \\ ——=Q.EASEMENT
a {'- RURAL AREA
BOUNDARY
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i t P\��l.y.. - DEVELOPMENT GOLF .:t' '-7t�Ir ;�i h
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The green area is a recommended 100-acre preservation area intended to contain future development:
lit'- 0�1� LEGEND
l it PROMISED FARM
iiJ� = Q PROPERTY LSE
•• y __=Q EASEMENT
•
'OZ .� V.
� ,] GREEN LINE
*' - '1. . A.
BOUNDARY
RURAL AREA
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kts:`��� ``0,, DEVELOPMENT GOLF I f 07
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May 16, 2023
7
CITY COUNCIL'S BRIEFING
"PROJECT WAYNE"UPDATE
ITEM#74221
(Continued)
Here are the Potential Next Steps:
Potential Next Steps
• Take no action
• Conditions on a potential transfer of land to Virginia Beach
Development Authority
• Rezoning with Public Engagement
Economic Development I City Council Public Briefing I May 16.2023 - 11
Discussion
Economic Development I City Council Public Briefing I May 16,2023 ;.s,. 12
Mayor Dyer expressed his appreciation to Mr. Adams for the presentation.
May 16, 2023
8
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74222
3:53 P.M.
Council Member Holcomb advised he will have a Town Hall Meeting on May 22nd at 6:00 P.M. at the
Kempsville High School auditorium, to discuss the Kemps River Crossing project. Council Member
Holcomb invited anyone interested to attend.
May 16, 2023
9
CITY COUNCIL DISCUSSION/INITIA TI VES/COMMENTS
ITEM#74223
(Continued)
Council Member Taylor requested economic impact and attendance information from the Something in the
Water Festival.
Mayor Dyer asked City Manager Duhaney if he can provide the requested information at an upcoming City
Council Meeting.
City Manager Duhaney advised a consultant has been hired to conduct an analysis on all of the festivals
and events for the season and will provide the Body the results at the end of the season.
Council Member Taylor asked to include an update on the projection art station that the previous Body
appropriated$750,000 from the TIP fund last year, adding, there are challenges now in finding a vendor
and there should be a discussion to determine what should be done with the money appropriated.
City Manager Duhaney asked Mayor Dyer for direction on adding Council Member Taylor's request as
an Agenda item?
Mayor Dyer obtained consensus from the Body and directed City Manager Duhaney to do so.
May 16, 2023
10
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74224
(Continued)
Council Member Berlucchi advised he has received several emails concerning homelessness and has been
referring citizens to the Housing Resource Center for assistance. Council Member Berlucchi requested to
have a briefing scheduled to inform the Body what services are provided, what nonprofit organizations are
involved and the process once a case has been reported. Council Member Berlucchi believes the Body and
staff sincerely care about ending homelessness and would benefit by having a briefing to bring everyone
up to date. Council Member Berlucchi advised when his constituents inform him of these situations, there
are limitations on what information can be shared once a case has been created and would like to have a
response mechanism developed to enable staff to provide updates on cases reported. Council Member
Berlucchi explained it can appear that nothing has been done when in fact actions have been taken.
May 16, 2023
11
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74225
(Continued)
Council Member Ross-Hammond advised the Virginia Transit Association (VTA) will hold a meeting on
May 24`h—25`'' at the Oceanfront and are expecting over 400 attendees coming from all over the country
as well as international and national vendors. Council Member Ross-Hammond expressed her
appreciation to the Resort Advisory Commission (RAC) who will be offering a ten (10)percent discount at
restaurants and advised the VTA will give attendees a $25.00 gift certificate so they can go out to eat at
one of the participating restaurants on May 25t.
May 16, 2023
12
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74226
(Continued)
Council Member Remick advised he has found that having a Legislative Aide would be helpful and
requested to hire two (2)personnel. Council Member Remick advised only one (1) will receive a phone,
laptop and have an email account and their combined total of work hours will not exceed the twenty (20)
hour weekly limit.
Mayor Dyer advised Council Member Remick to move forward with hiring them.
May 16, 2023
13
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74227
(Continued)
Council Member Remick advised he attended the Hampton Roads Chamber of Commerce trip to
Charleston, S.C. and found it to be very educational as they share similarities in having a port city, military
presence and tourism. Council Member Remick advised affordable housing is a significant issue for
Charleston as well as having issues with traffic congestion and a lack of labor force to meet manufacturing
demands. Council Member Remick advised because the cities have similar issues, he learned a lot and
believes the citizens here are looking at the Body for leadership.
Mayor Dyer advised he spoke with the Mayor of Charleston who told him of the hardship their city faced
when the military base closed and believes the lesson learned from 2005, when the City was on the Base
Realignment and Closure (BRAG) list, was the importance of maintaining positive relationships with the
military leadership.
Council Member Berlucchi advised there were a lot of lessons learned by the way Charleston is working
to optimize opportunities for residents through affordable housing and workforce development. Council
Member Berlucchi advised the panel of young professionals who spoke could have been here since
communities here have expressed many of the same challenges and opportunities. Council Member
Berlucchi expressed his appreciation for the opportunity to attend and believes many relationships were
strengthened.
May 16, 2023
14
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74228
(Continued)
Council Member Schulman advised he was a keynote speaker at The Adult Learning Center's English
Language Acquisition (ELA) Ceremony where forty-five (45)people were recognized for their proficiency
in the English language. Council Member Schulman advised it was a wonderful experience and enjoyed
meeting the dedicated staff.
Council Member Schulman advised he also visited the Environmental Studies Program at the Brock
Environmental Center and commended Chris Freeman and Dianna McDowell who manage the Program
and their extremely bright students who are engaged in learning more about resiliency and the marriage
of economy and the environment. Council Member Schulman advised the students are interested in
internships and encouraged business owners to reach out to the Brock Environmental Center.
May 16, 2023
15
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74229
(Continued)
Council Member Schulman advised for Council Members who are on the PPEA Planning Advisory Teams,
there are community meetings scheduled at 6:00 P.M as follows:
June 1S`at Princess Anne High School in the library
May 31 S`at Bayside High School in the library
May 30`"at Betty F. Williams Elementary School/Bayside 6th Grade Campus in the cafeteria
May 16, 2023
16
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74230
(Continued)
Mayor Dyer asked City Manager Duhaney to tell the Body about the fireman competition he attended.
City Manager Duhaney advised on behalf of Mayor Dyer, he provided the welcoming remarks for the 1.5
th
Anniversary of the Festival of Champions where firefighters from all over the country came to compete at
Mount Trashmore on May 11 ti'— 13t1'. City Manager Duhaney advised the firefighters perform various
firefighting tasks with different types of equipment to demonstrate their skills and success.
Mayor Dyer encouraged anyone who has not seen this event to make sure to attend next year as it is
amazing to watch the men and women compete on the various challenges.
May 16, 2023
17
AGENDA REVIEW SESSION
ITEM#74231
4:14 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
K. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND City Code Section 10-1.1 re ADD the Kempsville Area Library as a location
for Absentee Voting in person
2. Resolution to MOVE the July 4,2023,Regular Meeting of the City Council to July 18,2023
3. Resolution to OUTLINE the process to occur upon completion of the Interim Agreement and
Future Schools Facility Design Processes (Requested by Mayor Dyer and Council Members
Remick and Taylor)
4. Ordinance to TRANSFER funds and to AWARD a$50,000 grant to The LAMBS Foundation re
support the coordination and organization of the 2023 Juneteenth Festival(Requested by Mayor
Dyer and Council Member Wooten)
5. Ordinance to APPROPRIATE$1.2 -Million from Parking Enterprise Fund Balance to FY2022-
23 Economic Development Operating Budget re provide micro-transit services in the Resort Area
6. Ordinance to ACCEPT and APPROPRIATE$32,025 from a Class Action Settlement to Capital
Project#100397, "Storm Water Quality Enhancements II,"re mitigate storm water pollutants and
improve water quality
K. ORDINANCES/RESOLUTIONS:
ITEM#3 WILL BE CONSIDERED SEPARA TEL Y
May 16, 2023
18
AGENDA REVIEW SESSION
ITEM#74231
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
L. PLANNING
1. COMMONWEALTH CATHOLIC CHARITIES/CATHOLIC DIOCESE OF RICHMOND for
a Modification of Conditions re group home at 642 North Lynnhaven Road DISTRICT 8(Formerly
District 5—Lynnhaven)
2. THE MINWER& JULIA SUBEH REVOCABLE JOINT TRUST DTD 8/29/2013 for a Change
of Zoning from B-2 Community Business to I-1 Light Industrial and a Conditional Use Permit re
bulk storage yard at 728 South Military Highway DISTRICT 1 (Formerly District 2—Kempsville)
3. PRINCESS ANNE VILLAGE, LLC / PRINCESS ANNE VILLAGE, LLC & CITY OF
VIRGINIA BEACH for a Conditional Change of Zoning from AG -2 Agricultural District to
Conditional PD-H2 Planned Unit Development (R-10 Residential District) and a Modification of
Proffers to a Conditional Rezoning re properties located at 2369, 2373, 2375, 2377, 2381, 2385
Princess Anne Road and 2393, 2401, 2413 North Landing Road, Parcel between 2393 North
Landing Road& 2385 Princess Anne Road DISTRICT 2 (Formerly District 7—Princess Anne)
4. AMIR YAHYA RAZI for a Conditional Change of Zoning from AG-2 Agricultural to Conditional
B-2 Community Business and a Conditional Use Permit re automobile repair garage located
between 2989 and 3005 Holland Road DISTRICT 2(Formerly District 7—Princess Anne)
5. CHRISTINA DANIELLE PATTERSON/JN & RBD, LLC for a Conditional Use P ermit re
tattoo parlor at 328 Office Square Lane, Suite 203 DISTRICT 1 (Formerly District 2—Kempsville)
6. BOLD BEAUTY INK,LLC/ALVINJ.LANESE TRUST for a Conditional Use Permit re tattoo
parlor at 968 South Oriole Drive, Suite 100 DISTRICT 6(Formerly District 6—Beach)
7. PATRICL4 A. GANDY/SCOTT M. GANDY& PATRICIA A. GANDY for a Conditional Use
Permit re home-based wildlife rehabilitation facility at 102 Willow Drive DISTRICT 6(Formerly
District 6—Beach)
8. WILLIAMJ. WRIGHT,JR./BEACH FRONT FINANCING,LLC for a Conditional Use Permit
re short term rental at 911 Pacific Avenue, Unit C DISTRICTS (Formerly District 6—Beach)
9. TARA RYAN/PACIFIC AIR 3, LLC for a Conditional Use Permit re short term rental at 925
Pacific Avenue DISTRICT 5 (Formerly District 6—Beach)
10. MILTONJ.PRICE,III for a Conditional Use Permit re short term rental at 303 Atlantic Avenue,
Unit 603 DISTRICTS (Formerly District 6—Beach)
May 16, 2023
19
AGENDA REVIEW SESSION
ITEM#74231
(Continued)
11. FRANCES ROBBINS OMANfor a Conditional Use Permit re short term rental at 4005 Atlantic
Avenue, Unit 217 DISTRICT 6(Formerly District 6—Beach)
12. Ordinance to AMEND Oceanfront Resort Form-Based Code Section 5.3.7 re temporary
commercial parking lots
L. PLANNING:
ITEM#1 WILL BE CONSIDERED SEPARA TEL Y
May 16, 2023
20
ITEM#74232
Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PUBLICLY HELD PROPERTY: Discussion or consideration of the,
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
• District 5
• District 5
PUBLIC CONTRACT: Discussion of the award of a public contract
involving expenditure of public funds, and discussion of terms or scope of
such contract, where discussion in an open session would adversely affect
the bargaining position or negotiating strategy of the public body pursuant
to Section 2.2-3711(A)(29)
• Project Football
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
May 16, 2023
21
ITEM#74232
(Continued)
Upon motion by Council Member Holcomb, seconded by Council Member Ross-Hammond, City Council
voted to proceed into CLOSED SESSION at 4:24 P.M.
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
Break 4:24 P.M. — 4:35 P.M.
Closed Session 4:35 P.M. — 5:51 P.M.
*Vice Mayor Wilson left the meeting at 4:30 P.M. and did not participate in the Closed Session.
May 16, 2023
22
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
MAY 16, 2023
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, May 16, 2023, at 6:00 P.M
Council Members Present:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond,N.D. "Rocky"Holcomb,Jennifer
Rouse,Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
INVOCATION: Pastor Scott Butler
Atlantic Shores Baptist Church
MOMENT OF SILENCE
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 34th 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.
May 16, 2023
23
Vice Mayor Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman
and receives income from the firm as a result of her late husband's employment. The income is proceeds
from the sale of his partnership interest,paid out over an extended period of time. She is not an employee
of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to
its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles
in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal
knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise
if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an
interest.In order to ensure her compliance with both the letter and spirit of the State and Local Government
Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to
identify any matters in which she might have an actual or potential conflict. If during her review of an
agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either
abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official
records of City Council. Vice Mayor Wilson's letter of June 2, 2015 is hereby made a part of the record.
May 16, 2023
24
V.F
CERTIFICATION
ITEM#74233
Upon motion by Council Member Holcomb, seconded by Council Member Ross-Hammond, 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, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond,N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
*Council Member Schulman stepped out during the Project Football discussion due to a potential
conflict of interest(4:35—5:09 P.M.)
May 16, 2023
0.141A•BEAe
,AN -
t � A05,
0� OUR NIcOOMS
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#74232 on Page 21 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.
Amanda Barnes, MMC
City Clerk
May 16, 2023
25
ITEM— V.G.1
MINUTES
ITEM#74234
Upon motion by Council Member Holcomb, seconded by Council Member Ross-Hammond, City Council
APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of May 2,2023
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
May 16, 2023
26
ITEM— V.G.2
MINUTES
ITEM#74235
Upon motion by Council Member Holcomb, seconded by Council Member Ross-Hammond, City Council
APPROVED the MINUTES of the SPECIAL FORMAL SESSION of May 4,2023
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
May 16, 2023
27
ITEM— V.G.3
MINUTES
ITEM#74236
Upon motion by Council Member Holcomb, seconded by Council Member Ross-Hammond, City Council
APPROVED the MINUTES of the SPECIAL FORMAL SESSION of May 9, 2023
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
May 16, 2023
28
ITEM— V.H.1
MAYOR'S PRESENTATIONS
ITEM#74237
PROCLAMATION
HISTORIC PRESERVATION MONTH
Mayor Dyer welcomed Sharon Prescott and read, the Proclamation declaring May 2023 as, "HISTORIC
PRESERVATION MONTH". Mayor Dyer called upon all citizens, government agencies, public and
private institutions, businesses and schools in Virginia Beach to recognize the importance of Historic
Preservation in maintaining the historical identity of the city and to commemorate this month with
appropriate activities.
Ms. Prescott expressed her appreciation to City Council for recognition and continuous support of the
Historic Preservation Committee.
May 16, 2023
Xs •
W/n
rodettitation
'WlRE4JAS: The Nationa(Trust for"(atone Preservation created Preservation Weekin 1973 to spotlight grassroots efforts in historic
preservation in America;and
WXE9q�JLS' President Ward 9H.Nixon signed a resolution designating the weekof Nay 6 to 12,1973 as Nationa(Preservation Week
and
'COMMAS: The NationfTnut expanded the celebration to a month-long observance in 2005;and
W I!E4IE,AS: States and communities across the country now recognize the month of Nay as Historic Preservation atonth;and
"TRW: The theme of 9Crstoric Preservation Month 2023 is People Saving Places,and
"MEWS: The Virginia Beach City Council established the Historic Preservation Commission in 2008 to advise them on all issues related to
the preservation of historic buildings,structures and sites in the city;and
W}fEWIS: The majority of the workof historic preservation is done 6y interested individuals in focal communities with the encouragement
of loca4 state andfederalgovernments;and
"TOMAS: The Historic Preservation Commission recognizes the workof early preservationists,both individuals and organizations,whose
dedication to the preservation of older buildings has left'Virginia Bah a rich legacy of 18m-century buildings and structures;
and
"ERWAS: Preservation Virginia,a statewide non-profit,has preserved the 1792 Cape Henry Lighthouse since 1930,and
WXERMS: The Princess Anne County'Virginia Beach Historical-Society preserved the 1764 Pembroke Manor and the 1759'Upper
Woffsnare properties,and
' ITI AS: in the 1920s,Grace Keefer enlisted the aid of the 9Ketropolitan 9Kuseum of Art to preserve the 1719 Thoroughgood louse;and
WXrEWIS: Henry Clay Hofheimer,II formed the Adam Thoroughgood House foundation in the 1950s to ensure the preservation of the
Tftoroughgood house,and
"EMU: Wiliam Oliver,acquired the 1725 Lynnhaven House in 1925 and maintainedit with few changes until his family donated it to
Preservation'Virginia in 1971 for its preservation;and
WXERMS' Dorothy N.9Hoore donateda preservation easement to the'Virginia 9Cistonc Preservation Easement Program to preserve the
circa 1720 Weblin House;and
W3lEIMAS: The'Whiteheadfamily donateda preservation easement to the'Virginia Historic Preservation'Easement Program to preserve the
1779 Pleasant Hall house;and
WXE4 AS: Neal-Kellum restored and preserved the Pleasant Hal house and the circa 1720s Pallet House,known as Wolfsnare
Plantation,and
'WXE4MA,S' The Mayor and City Council support the preservation of Virginia Beach's diverse and rich heritage and historic resources.
X V TI E4IErFYRA I,Rpbert 9H.Dyer,liayor of the City of Virginia Beach,'Virginia,do hereby proclaim:
%lay 2023
2C?►tonic Preservation Month
In G4sginia Beach,and furthermore calf upon the citizens,government agencies,public and private institutions,businesses and schools in Virginia Beach
to recognize the importance of Historic Preservation in maintaining the historical identity of the city and to commemorate this month with appropriate
activities.
In 11,itnesr Whereof,I have hereunto set my hand and caused the OfficialSealof the City of Virginia(Beach,Virginia,to be affixed this Sixteenth(Day
of Nay,Two ThousandTwenty-Three.
Men 94.'Bobby'Dyer,
9Kayor
29
ITEM— V.H.2
MAYOR'S PRESENTATIONS
ITEM#74238
PROCLAMATION
PUBLIC WORKS WEEK
Council Member Rouse, on behalf of Mayor Dyer, welcomed Jeremy Kline, Deputy Director and Phillip
Koetter, Operations Engineer— Public Works, and read the Proclamation declaring May 21' — 27th as,
"PUBLIC WORKS WEEK". Council Member Rouse called upon all citizens to salute the hard work,
accomplishments, and commitment of these dedicated members of the Virginia Beach Public Works
Department.
Mr. Kline and Mr. Koetter expressed their appreciation to City Council for this recognition and their
continuous support.
May 16, 2023
v �•
%
%*a 4v.a
Gp BUR RATU44
rodamation
`areas' cPu6Cw works infrastructure is above, below, and all'around us; because of pu6lic
works, we are able to have clean waters,safe streets, efficient traffic, and livable
communities;and
`has' cPu6lic works professionals focus on infrastructure,facilities, and services that could
not 6e provided without their dedicated efforts who perform at all•leve(s;and
Whereas: These professionals are responsible for rebuilding, improving, and protecting our
city's transportation,pu6Cw 6uildings, traffic systems, beaches and waterways, roads
and streets, stormwater systems,and other structures and faciCties that are
absolutely essential to our citizens;and
'Whereas: <Pu6lic works services provided in our community are an integral part of our citizens'
everyday lives; the health, safety and comfort of this city greatly depends on these
services;and
`has: We, as city leaders seekto enhance the prestige of the often-unsung heroes of our city
-the(Pu6Cw Works professionals who serve the pu6Cw good,every day, with uiet
dedication.
Wow, Therefore, I, Wp6ert M. "Bobby" Dyer, Mayor of the City of Virginia Beach, Virginia, do hereby
proclaim
Wee&ofMay 21 2T 2023,
lirginiabeach �'�6CicWee
In Virginia Beach,and l call upon alt citizens to salute the hard work accomplishments, and commitment
of these dedicated members of the Virginia Beach Pu6Cw Works Department.
In Witness Whereof I have hereunto set my hand and caused the Official-Seal-of the City of Virginia Beach,
Virginia, to 6e affixed this Sixteenth Day of May,Two`ITiousandTwentyJIhree•
•
71"1"4,/a9;Per—I
1Wp6ert M• "Bo66y"Dyer
Mayor
30
ITEM— V.I.1
PUBLIC COMMENT
ITEM#74239
Mayor Dyer DECLARED a PUBLIC COMMENT:
POTENTIAL REZONING OF A PORTION OF THE INTERFACILITY TRAFFIC
AREA (ITA) TO ALLOW LIGHT INDUSTRIAL USES
"Project Wayne"
The following registered to speak:
Patricia Davis, 2604 Alameda Drive, Phone: 904-232-1154, OPPOSITION
Jennifer Olmstead, 1737 Nanneys Creek Road, Phone: 403-2617, spoke in OPPOSITION
CJ White, 804A Monroe Court, Phone: 633-2808, expressed concern for agricultural area
Theodore Sharples, 3547 Winding Trail Circle, Phone: 323-0668, spoke in OPPOSITION
John Gadzinski, 2005 Plow Shares Court, Phone: 343-4432, spoke in OPPOSITION
Dean McClan, 541 Corporate Wood Drive, Phone: 407-1342, spoke in SUPPORT
Melissa Draudt, 3137 Sacramento Drive, Phone: 288-7101, spoke in OPPOSITION
Natalia De Los Rios, 2809 Christopher Farms Drive, Phone: 837-8607, spoke in OPPOSITION
Sandra De Los Rios, 2809 Christopher Farms Drive, Phone: 837-8607, spoke in OPPOSITION
Marana Smith, 2621 Loudon Street, Phone: 589-1642, spoke in OPPOSITION
Billy Almond, 209 70`h Street, Phone:235-0731, spoke in OPPOSITION
John Perryman, 2816 Energy Drive, Phone: 410-610-7591, spoke in OPPOSITION
Nadine Paniccia, 924 Welch Circle, Phone: 235-4344, spoke in OPPOSITION
Martha Thereault, 4311 Black Beard Road, Phone: 287-2808, spoke in OPPOSITION
Matt Baumgarten, 2469 Bay View Avenue, Phone: 644-7320, spoke in SUPPORT
Jim Cervera, 1797 Grey Friars Chase, Phone: 621-6754, requested more information
John Sweeney, 3316 Barbour Drive, Phone: 390-0958, spoke in OPPOSITION
Bob Pizzini, 2332 Treesung Trail, Phone: 412-5201, spoke in SUPPORT
Lisa Hartman, 2737 Pleasant Acres Drive, Phone: 609-5679, spoke in OPPOSITION
Ella Dunbar, 2349 Poyner Lane, Phone: 463-9861, spoke in OPPOSITION
Walter Camp, 4693 Berrywood Road, Phone: 576-1006, spoke in OPPOSITION
Susan Feathers, 3367 Mackenzie Bay Lane, Phone: 520-400-4117, spoke in OPPOSITION
Angela Termini, 3220 Marengo Drive, Phone: 348-0467, spoke in OPPOSITION
Teresa Langille, 932 Truro Court, Phone: 641-1592, spoke in OPPOSITION
Sandra Shinabarger, 168 Waverly Drive, Phone: 375-5885, did not respond
There being no additional speakers,Mayor Dyer CLOSED the PUBLIC COMMENT
May 16, 2023
31
ITEM— V.J.1
FORMAL SESSION AGENDA
ITEM#74240
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:
Rose Chandler, 1620 Grey Friars Chase, Phone: 581-7059, spoke in SUPPORT for Planning Item L.7
Upon motion by Council Member Henley, seconded by Council Member Holcomb, City Council
APPROVED,BY CONSENT,Agenda Items Ordinances/Resolutions K:1,2,4, 5, 6 and 7 and Planning
Items:L:2,3, 4, 5, 6, 7, 8, 9, 10, 11 and 12
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick,Dr.Amelia N. Ross-Hammond, N.D. "Rocky"Holcomb,Jennifer
Rouse,Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
K. ORDINANCES/RESOLUTIONS:
ITEM#3 WILL BE CONSIDERED SEPARATELY
L. PLANNING ITEMS:
ITEM#1 WILL BE CONSIDERED SEPARA TEL Y
May 16, 2023
32
ITEM— V.K.1
ORDINANCES/RESOLUTIONS
ITEM#74241
Upon motion by Council Member Henley, seconded by Council Member Holcomb, City Council
ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section 10-1.1 re ADD the Kempsville
Area Library as a location for Absentee Voting in person
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
May 16, 2023
1 AN ORDINANCE TO AMEND SECTION 10-1.1 OF
2 THE CITY CODE TO ADD THE KEMPSVILLE AREA
3 LIBRARY AS A LOCATION FOR ABSENTEE
4 VOTING IN PERSON
5
6 SECTION AMENDED: § 10-1.1
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 1. Section 10-1.1 of the City Code is hereby amended and reordained to read as
12 follows:
13
14 Sec. 10-1.1. Satellite absentee voting locations; notice.
15
16 (a) As authorized by Code of Virginia § 24.2-701.2, the satellite offices to be used
17 in the city for absentee voting in person are the following locations:
18
19 Bayside Recreation Center, 4500 First Court Road.
20
21 Great Neck Recreation Center, 2521 Shorehaven Drive.
22
23 Seatack Recreation Center, 141 S. Birdneck Road.
24
25 Meyera Oberndorf Central Library, 4100 Virginia Beach Boulevard.
26
27 Kempsville Area Library. 832 Kempsville Road.
28
29 (b) The general registrar shall provide notice of such absentee voting locations at
30 the office of the voter registrar and at the voter registrar's website. Such notice will include
31 information regarding what time the location is available for in-person absentee voting
32 and other pertinent details.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 16 t day
of May , 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Voter Registrar ity o ey s ffice
CA16145
R-1
April 18, 2023
33
ITEM— V.K.2
ORDINANCES/RESOLUTIONS
ITEM#74242
Upon motion by Council Member Henley, seconded by Council Member Holcomb, City Council
ADOPTED,BY CONSENT,Resolution to MOVE the July 4,2023,Regular Meeting of the City Council
to July 18,2023
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr. Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
May 16, 2023
1 A RESOLUTION MOVING THE JULY 4, 2023 REGULAR
2 MEETING OF THE CITY COUNCIL TO JULY 18, 2023
3
4 WHEREAS, the City Code provides the regular formal meetings of the City Council
5 in the Month of July shall be held in the Council Chambers of the City Hall Building on the
6 first and second Tuesdays of each month at 6:00 p.m.;
7
8 WHEREAS, state law provides that a regular meeting of the City Council may be
9 scheduled for a day other than the usual day upon adoption of a resolution;
10
11 WHEREAS, July 4, 2023 is a holiday and absent action by the City Council would
12 be rescheduled by operation of law to the following business day; and
13
14 WHEREAS, the City Council desires to maintain its Tuesday meeting schedule,
15 and therefore proposes the meeting from July 4, 2023 be moved to July 18, 2023.
16
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, THAT:
19
20 1. The regular City Council meeting scheduled for July 4, 2023 is hereby rescheduled
21 for July 18, 2023.
22 2. The time and location for the City Council Formal Session shall remain at 6 p.m.
23 and City Council Chambers.
24 3. The City Clerk shall post a copy of this resolution on the door of the City Council
25 Chambers from the date of adoption until 6 p.m. on July 18, 2023 and provide a
26 notice as required by law.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 16 t h day
of May , 2023.
APPROVED AS TO LEGAL SUFFICIENCY:
ney's Office
CA16096
R-1
May 3, 2023
34
ITEM— V.K.3
ORDINANCES/RESOLUTIONS
ITEM#74243
Upon motion by Council Member Schulman, seconded by Council Member Remick, City Council
DEFERRED INDEFINITELY, Resolution to OUTLINE the process to occur upon completion of the
Interim Agreement and Future Schools Facility Design Processes(Requested by Mayor Dyer and Council
Members Remick and Taylor)
Voting: 9-1
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman and Chris Taylor
Council Members Voting Nay:
Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
May 16, 2023
35
ITEM— V.K.4
ORDINANCES/RESOLUTIONS
ITEM#74244
Upon motion by Council Member Henley, seconded by Council Member Holcomb, City Council
ADOPTED, BY CONSENT, Ordinance to TRANSFER funds and to AWARD a $50,000 grant to The
LAMBS Foundation re support the coordination and organization of the 2023 Juneteenth Festival
(Requested by Mayor Dyer and Council Member Wooten)
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr. Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
May 16, 2023
REQUESTED BY MAYOR DYER AND COUNCILMEMBER WOOTEN
1 AN ORDINANCE TO TRANSFER FUNDS AND TO
2 AWARD A $50,000 GRANT TO THE LAM B S
3 FOUNDATION FOR THE 2023 JUNETEENTH
4 FESTIVAL
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 1) $50,000 is hereby transferred within the General Fund to the Non-Departmental
10 Regional Grants.
11
12 2) A one-time grant of $50,000 is hereby awarded to The LAMBS Foundation
13 to support the coordination and organization of the 2023 Juneteenth Festival.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16 t h day
of May , 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
t_
B dget and Management Services • or y's Office
CA16163
R-2
May 11, 2023
36
ITEM— V K.5
ORDINANCES/RESOLUTIONS
ITEM#74245
Upon motion by Council Member Henley, seconded by Council Member Holcomb, City Council
ADOPTED,BY CONSENT, Ordinance to APPROPRIATE$1.2-Million from Parking Enterprise Fund
Balance to FY2022-23 Economic Development Operating Budget re provide micro-transit services in the
Resort Area
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
May 16, 2023
1 AN ORDINANCE TO APPROPRIATE $1,200,000 FROM
2 THE FUND BALANCE OF THE PARKING ENTERPRISE
3 FUND TO PROVIDE MICRO-TRANSIT SERVICES IN THE
4 RESORT AREA
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 $1,200,000 is hereby appropriated, with revenue increased accordingly, from the
10 fund balance of the Parking Enterprise Fund to the FY 2022-23 Operating Budget of the
11 Department of Economic Development to continue micro-transit services in the Resort
12 Area using the Freebee service.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16 t h day of
May , 2023.
Requires an affirmative vote by a majority of all the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
OW I , %
udget and Management Services or e.ylioTriZe
CA16160
R-1
May 3, 2023
37
ITEM— V.K.6
ORDINANCES/RESOLUTIONS
ITEM#74246
Upon motion by Council Member Henley, seconded by Council Member Holcomb, City Council
ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $32,025 from a Class Action
Settlement to Capital Project#100397, "Storm Water Quality Enhancements II,"re mitigate storm water
pollutants and improve water quality
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
May 16, 2023
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FROM A CLASS ACTION SETTLEMENT TO
3 CAPITAL PROJECT #100397, "STORM WATER
4 QUALITY ENHANCEMENTS II"
5
6 WHEREAS, on June 24, 2020, various cities, counties, and the Port of Portland
7 ("Plaintiffs") that had sued Monsanto ("Defendant") filed a Motion for Certification of
8 Settlement Class and Preliminary Approval of Class Action Settlement in the Federal
9 District Court of the Central District of California,
10
11 WHEREAS, on March 14, 2022, the Court entered an order certifying the action as
12 a class action, and specifically certifying a Nationwide Class,
13
14 WHEREAS, Plaintiffs and Defendant have entered into an agreement to settle the
15 Action, and
16
17 WHEREAS, the City participated in the settlement and was awarded $32,025;
18
19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA, THAT:
21
22 $32,025 from a class action settlement is hereby accepted and appropriated, with
23 miscellaneous revenue increased accordingly, to Capital Project #100397, "Storm Water
24 Quality Enhancements II," which seeks to mitigate storm water pollutants and improve
25 water quality.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day
of May , 2023.
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
EiLw'/�IC1I!!!w
udget and Management Services Cify Attor y's Office
CA16164
R-1
May 3, 2023
38
ITEM— V.L.1
PLANNING
ITEM#74247
The following registered to speak:
Jay Brown,Applicant, requested deferral to June 20, 2023
Elle Berthold, 3085 Silver Maple Drive, Phone: 738-0063, spoke in SUPPORT
Don Leneski, 1201 Sycamore Road, Phone: 672-4950, spoke in OPPOSITION
Jimmy Frost, 2440 Wyndham Drive, Phone: 343-6762, spoke in OPPOSITION
Teresa Langille, 932 Truro Court, Phone: 641-1592, spoke in OPPOSITION
Upon motion by Council Member Schulman, seconded by Council Member Berlucchi, City Council
DEFERRED TO JUNE 20, 2023, Application of COMMONWEALTH CATHOLIC CHARITIES /
CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions re group home at 642 North
Lynnhaven Road DISTRICT 8(Formerly District 5—Lynnhaven)
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick,Dr.Amelia N. Ross-Hammond,N.D. "Rocky"Holcomb,Jennifer
Rouse,Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
May 16, 2023
39
ITEM— V.L.2
PLANNING
ITEM#74248
Upon motion by Council Member Henley, seconded by Council Member Holcomb, City Council
APPROVED, AS CONDITIONED, BY CONSENT, Application of THE MINWER & JULIA SUBEH
REVOCABLE JOINT TRUST DTD 8/29/2013 for a Change of Zoning from B-2 Community Business to
I-1 Light Industrial and a Conditional Use Permit re bulk storage yard at 728 South Military Highway
DISTRICT 1 (Formerly District 2—Kempsville)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
THE MINWER& JULIA SUBEH REVOCABLE JOINT TRUST DTD
8/29/2013 for a Change of Zoning from B-2 Community Business to I-1
Light Industrial and a Conditional Use Permit re bulk storage yard at 728
South Military Highway (GPIN 1456279020) DISTRICT 1 (Formerly
District 2—Kempsville)
The following conditions shall be required:
1. The bulk storage yard shall be enclosed with Category VI screening, as required by the City's
Landscaping Guide and as shown in the conceptual landscape plan titled "HERC RENTALS— 728
SOUTH MILITARY HIGHWAY"prepared by WPL and dated February 28, 2023.
2. As noted on the concept landscape plan titled "HERC RENTALS — 728 SOUTH MILITARY
HIGHWAY"prepared by WPL and dated February 28, 2023,fencing used at 728 South Military
Highway shall be at least six(6)feet in height and shall be opaque. No chain link fencing with or
without slats shall be used to screen the bulk storage yard on 728 South Military Highway.
3. The site shall be landscaped in accordance with the City's Landscaping Guide and as shown in the
conceptual landscape plan title "'HERC RENTAL — 728 SOUTH MILITARY HIGHWAY"
prepared by WPL and dated February 28,2023, including the required street frontage landscaping.
4. This Conditional Use Permit will be valid so long as the bulk storage yard is being operated in
tandem with the operator on the adjacent property known as 716 South Military Highway. In the
event the tandem operation should cease, a new Conditional Use Permit shall be required.
5. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings
of light bulbs, or other similar moving devices on the site or the vehicles. There shall be no signs
which are pasted or attached to utility poles, trees, or fences, or in an unauthorized manner to
walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs
on the site.
6. Signage on the site must be in accordance with sign regulations outlined in the City Zoning
Ordinance(CZO).
May 16, 2023
40
ITEM— V.L.2
PLANNING
ITEM#74248
(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 16th day of May Two Thousand
Twenty Three.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N.D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
May 16, 2023
4ft /
ftt
11 11
B2/B2 B2
Suite The Minwer & Julia Subeh Revocable Joint Trust dtd. 8/29/2013 W 74-JIL
or Site 728 S Military Highway
Property_Polygons
Zoning Elm= Feet
Building 012.525 50 75 100 125 150
41
ITEM— V.L.3
PLANNING
ITEM#74249
Upon motion by Council Member Henley, seconded by Council Member Holcomb, City Council
APPROVED,AS CONDITIONED,AS MODIFIED,AS PROFFERED,BY CONSENT,Application of
PRINCESS ANNE VILLAGE, LLC/PRINCESS ANNE VILLAGE, LLC & CITY OF VIRGINIA
BEACH for a Conditional Change of Zoning from AG -2 Agricultural District to Conditional PD-H2
Planned Unit Development (R-10 Residential District) and a Modification of Proffers to a Conditional
Rezoning re properties located at 2369, 2373,2375,2377, 2381, 2385 Princess Anne Road and 2393,2401,
2413 North Landing Road, Parcel between 2393 North Landing Road & 2385 Princess Anne Road
DISTRICT 2(Formerly District 7—Princess Anne)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
PRINCESS ANNE VILLAGE, LLC/PRINCESS ANNE VILLAGE,
LLC & CITY OF VIRGINIA BEACH for a Conditional Change of
Zoning from AG -2 Agricultural District to Conditional PD-H2 Planned
Unit Development (R-10 Residential District) and a Modification of
Proffers to a Conditional Rezoning re properties located at 2369, 2373,
2375, 2377, 2381, 2385 Princess Anne Road and 2393, 2401, 2413 North
Landing Road, Parcel between 2393 North Landing Road & 2385
Princess Anne Road (GPINs 2404031158, 1494926240, 2404012707,
1494927384, 2403293752, 1494928455, 2404023254, 2404030056,
2404024848, 2404035242, 2404036378)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.
Proffers for Modification of Proffers:
1. When developed, the lot dimensions, setbacks, height and other development criteria set forth in
the City Zoning Ordinance (CZO) shall be as set out in the Princess Anne Village Residential
Development Criteria dated February 27, 2023(the "Development Criteria'), a copy of which has
been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department
of Planning. The Development Criteria shall be in lieu of all corresponding criteria in the Virginia
Beach Zoning Ordinance applicable to the R-10 zoning district.
2. When developed, the project shall be developed in substantial conformity with the conceptual site
plan consisting of three(3)pages entitled a "Conceptual Site Plan with Context'; "Conceptual Site
Plan"and "Program and Parking"dated January 31, 2023, (the "Concept Plan'), a copy of which
has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning.
May 16, 2023
42
ITEM— V.L.3
PLANNING
ITEM#74249
(Continued)
3. When developed, the number of single-family residential homes located on the Property shall not
exceed a total of seventy-seven (77) homes and sixteen (16) Garage Apartments.
4. Residential structures constructed on the Property shall be in substantial conformity with the
conceptual architectural renderings consisting of two (2) pages entitled Home Styles, Princess
Anne Village, "Elevations", a copy of which has been exhibited to the Virginia Beach City Council
and is on file with the Virginia Beach Department of Planning and which have been approved by
the Virginia Beach Historical Review Board on July 18, 2018.
5. When developed, access to the Property from North Landing Road shall be landscaped and contain
a monument-styled free-standing sign substantially as shown on exhibit entitled 'Monument Sign"
a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified
by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning.
6. When developed the entrance open space areas shall be in substantial conformity with the elevation
entitled "Entrance Way"dated June 4, 2021, a copy of which has been exhibited a copy of which
has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia
Beach Historical Review Board with the Virginia Beach Department of Planning.
7. When developed, there should be a pedestrian trail system on the Property and that will connect to
the adjacent City trail system as shown on the concept plan.
8. When developed, a linear open space area along Princess Anne Road within the residential zones
will be subdivided as shown on the elevation site plan entitled "Linear Open Space", dated June 4,
2021, a copy of which has been exhibited to the Virginia Beach City Council and is on file unless
modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of
Planning.
9. When developed, the Applicant will construct turn lanes at the vehicular entrance to Princess Anne
Village substantially as shown on the Concept Plan.
10. When developed, the street widths, curb heights, centerline radii, rear lane, rear alley street
signage and trail widths shall be developed in substantial conformity with the three(3)page exhibit
entitled "Thoroughfare Types"dated January 31, 2023, a copy of which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of Planning.
May 16, 2023
43
ITEM— V.L.3
PLANNING
ITEM#74249
(Continued)
Proffers Relating to the Conditional B-2 Portion of Princess Anne Village to Remain:
11. Vehicular access to the portion of the Property zoned Conditional B-2 shall be from the road system
within Princess Anne Village and not directly from the North Landing Road.
12. When developed, only the following uses shall be permitted on the Property zoned Conditional B-
2:Restaurants with no drive-through, office, and retail.
13. The height of any principal structure on the Property zoned Conditional B-2 shall not exceed forty-
five (45)feet. The exterior design and building materials shall be complimentary to the building
materials and architectural designs of the homes in Princess Anne Village and shall be subject to
approval by the Virginia Beach Historic Review Board.
14. Any freestanding sign on the portion of the Property zoned Conditional B-2 shall be a monument
style sign, externally lit, and shall not exceed eight(8)feet in height. The final design and building
materials of any freestanding sign shall be subject to approval of the Virginia Beach Historic
Board.
15. Further conditions lawfully imposed by applicable development ordinances may be required by
Grantee during detailed site plan and/or subdivision review and administration of applicable City
Codes by all relevant City agencies and departments to meet all applicable City Code requirements.
16. All references hereinabove to zoning districts and to applicable regulations refer to the City Zoning
Ordinance (CZO) of the City of Virginia Beach, in force as of the date the conditional zoning
amendment is approved by Grantee.
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 16th day of May Two Thousand
Twenty Three.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond,N.D. "Rocky"Holcomb,Jennifer
Rouse,Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
May 16, 2023
Document Prepared By:
Troutman Pepper LLP
222 Central Park Avenue,Suite 2000
Virginia Beach,VA 23462
Kimberly Shepherd(VSB#38702)
AGREEMENT
THIS AGREEMENT (this "Agreement"), made this day of , 2023,
by and between PRINCESS ANNE VILLAGE LLC, a Virginia limited liability company; (the
"Applicant" and "Owner"hereinafter referred to as the "Grantor", and to be indexed as Grantor);
and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia(hereinafter referred to as the "Grantee", and to be indexed as Grantee).
WITNESSETH:
WHEREAS, Grantor initiated an amendment to the Zoning Map of the City of Virginia
Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the
Property from AG-2 to Conditional R-10 with a PDH-2 overlay, as to parcel referenced herein as
GPIN 2404-03-1158-000; and
WHEREAS, Princess Anne Village, LLC recently acquired the parcel located in Virginia
Beach identified as GPIN No. 2404-03-1158-0000; and
WHEREAS, Grantor acknowledges that competing and sometimes incompatible uses
conflict, and that in order to permit differing uses on and in the area of the subject Property and at
the same time to recognize the effects of the change and the need for various types of uses, certain
reasonable conditions governing the use of the Property for the protection of the community that
are not generally applicable to land similarly zoned R-10 with a PDH-2 overlay are needed to cope
with the situation to which the Grantor's rezoning application gives rise; and
WHEREAS, Grantor has voluntarily proffered in writing in advance of and prior to the
public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning
Map, in addition to the regulations provided for in the existing R-10 and PHD-2 zoning districts
by the existing City's Zoning Ordinance(CZO),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 new Zoning Map relative to the Property, all of which have a reasonable relation to the
rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the Property
covered by such conditions; provided, however, that such conditions shall continue despite a
subsequent amendment if the subsequent amendment is part of the comprehensive implementation
GPIN No.2404-03-1158-0000
147126737v1
of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these
conditions are amended or varied by written instrument recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the
subject Property at the time of recordation of such instrument; provided, further, that said
instrument is consented to by the Grantee in writing as evidenced by a certified copy of the
ordinance or resolution adopted by the governing body of the Grantee,after a public hearing before
the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204,
which said ordinance or resolution shall be recorded along with said instrument as conclusive
evidence of such consent.
NOW THEREFORE, the Grantor, for itself, 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 of quid pro quo for zoning,
rezoning, site plan, building permit or subdivision approval, hereby makes 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 these proffers(collectively,
the "Proffers") shall constitute covenants running with the said Property, which shall be binding
upon the Property and upon all parties and persons claiming under or through the Grantors, their
heirs, personal representatives, assigns, grantees and other successors in interest or title, namely:
1. The Property when developed shall be incorporated into the adjacent development
known as Princess Anne Village and shall be subject to the Proffers for Princess
Anne Village as approved and recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach in 2023, and as may be amended.
The Grantor covenants and agrees that(1)the Zoning Administrator of the City of Virginia Beach,
Virginia shall be vested with all necessary authority on behalf of the governing body of the City
of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the
ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the
bringing of legal action or suit to ensure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2)
the failure to meet all conditions 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 the provisions of the City Code, the CZO or this
Agreement,the Grantors shall petition the governing body for the review thereof prior to instituting
proceedings in court; and(4)the Zoning Map shall show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the subject Property on the map and that the
ordinance and the conditions may be made readily available and accessible for public inspection
in the office of the Zoning Administrator and in the Department of Planning and that they shall be
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and
indexed in the name of the Grantors and Grantee.
2
147126737v1
GRANTOR:
PRINCESS ANNE VILLAGE LLC,
a Virginia limited liability company
By: ir t, i
Its: 111 At-f Pc'c —
STATE/COMMONWEALTH OF V 1 r (CO n k pL
CITY OF I r I n,g S.e ,to-wit: V
1�
V
The foregoing instrument was sworn to and acknowledged before me this r i day of
fkgr ci, , 20Q.3 , by C -1 es 6�,Q = in her/his capacity as of Princess
Anne Village LLC,a Virginia limited liability mpany . She/he is either persona known to me or
has produced \if t,r-v\►0, D<i✓er`S L cecS c_as identification.
Witness my hand and official stamp or seal this 17 day of c r c�,l , 20 aJ.
/(Paufn 1-. ))/,4,,i*L
Notary Public (SEAL)
My Commission Expires: c /solo o j
Registration Number: 76i-f a(-1�
. ,„.....,,„
•��F. N/N
f Q'/LO1ARy Q-se
iO 1
(M7Co?Exrn\
s7538 2
.. VG� c?
## A LT 4 o;$',1-081
3
IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first
written above.
GRANTOR:
City of Virginia Beach,
a Municipal Corporation
By: 4 k i2
Its: City Manager
STATE/COMMONWEALTH OF V f
CITY OF 9_ to-wit-
The foregoing instrument w,as sworn to and acknowledged before me this -40 day of
(u Cat , 20:)3 , by V��G K . .D{,i ht41 y in her) capacity as
ok Ct -' of the City of Virginia Beach,a Municipal Corporation, She)is either
perso y kno to me or has produced as identification.
Witness my hand and official stamp or seal t i C day of/-e!a ,20 1-3.
/L-Ii)1121(t_ 77/(
Notary Public (SEAL)
��My Commission Expires: /3L)/073
Registration Number: C 93 9.3 /
5
EXHIBIT A
Legal Description
2377 Princess Anne Road,Virginia Beach,VA
ALL THAT certain lot, piece or parcel of land, with the buildings and
improvements thereon, situate, lying and being in the Princess Anne Borough,near
Princess Anne Courthouse, in the City of Virginia Beach, Virginia, and more
particularly described as follows, to-wit:
BEGINNING at a pipe in the southern line of the right of way of Princess Anne
Road(State Highway Route No. 629),distance 110 feet as measured along a course,
S. 54 degrees 51'W from a pump point in the southern line of the right of way of
Princess Anne Road, which said pump point is also located in the dividing line
between property now or formerly of Eva M. Burton and other property now or
formerly of Sidney A. Wood and Judith I. Wood and from the point of beginning
thus established running S.36 degrees 30'E 216.6 feet to a pipe located in the center
line of a ditch, thence turning and running along the center line of said ditch S. 49
degrees 54'W 175.34 feet to a pipe located in said ditch;thence turning and running
North 36 degrees 30'W 223.7 feet to a pipe located in the southern line of the right
of way of Princess Anne Road; thence turning and running along the southern line
of the right of way of Princess Anne Road along the arc of a curve to the right, the
chord of which bears No. 51 degrees 11'E and is of a length of 175.04 feet to a
pipe,to point of beginning.
IT BEING the same property conveyed to Lewis R. Mikesell and Michele T.
Mikesell, Husband and Wife, by deed from Sidney A. Wood and Judith I. Wood,
Husband and Wife, said Deed dated May 26, 1995 and recorded May 30, 1995 in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in
Deed Book 3500, at Page 1761.
5
Document Prepared By:
Troutman Pepper LLP
222 Central Park Avenue,Suite 2000
Virginia Beach,VA 23462
Kimberly Shepherd(VSB#38702)
AGREEMENT
THIS AGREEMENT (this "Agreement"), made this 6th day of January, 2023, by and
between PRINCESS ANNE VILLAGE, LLC, a Virginia limited liability company ("Owner"
and"Applicant",hereinafter referred to as"Grantor",and to be indexed as Grantor);and the CITY
OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia(hereinafter
referred to as the "City", and to be indexed as Grantor and Grantee).
WITNESSETH:
WHEREAS, Princess Anne Village, LLC is the current owner of those certain parcels
located in the City of Virginia Beach,Virginia,identified by GPIN Numbers 2404-02-4848-0000,
2404-03-6378-0000, 2404-03-5242-0000, 1494-92-8455-0000, 1494-92-6240-0000, 2404-02-
3254-0000, 2404-01-2707-0000, 2404-03-0056-0000 and 2404-03-1158-0000; the City of
Virginia Beach is the current owner of those certain parcels located in Virginia Beach identified
by GPIN Number 1494-92-7384-0000 and a portion of GPIN Number 2403-29-3752-0000, as
more particularly described in Exhibit A attached hereto and incorporated hereby by reference(the
"Property"); and
WHEREAS, Grantor previously initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the City, so as to change the classification of
the Property from AG-2 to Conditional R-10 with a PDH-2 overlay, as to all parcels referenced
herein except as to GPIN Number 2404-03-1158-000; and
WHEREAS, said Zoning amendment was granted on conditions proffered in Agreement
dated June 10, 2021, and recorded January 20, 2022 in the Clerks' Office of the Circuit Court for
the City of Virginia Beach,Virginia as Instrument Number 202203004570("June 10,2021 Proffer
Agreement"); and
GPIN No.2404-02-4848-0000
GPIN No.2404-03-6378-0000
GPIN No.2404-03-5242-0000
GPIN No. 1494-92-8455-0000
GPIN No. 1494-92-6240-0000
GPIN No.2404-02-3254-0000
GPIN No.2404-01-2707-0000
GPIN No. 1494-92-7384-0000
GPIN No.2403-29-3752-0000
GPIN No.2404-03-0056-0000
GPIN No.2404-03-1158-0000
153574788v1
WHEREAS,Princess Anne Village,LLC obtained ownership of an additional contiguous
parcel located in Virginia Beach identified as GPIN Number 2404-03-1158-0000; and
WHEREAS, Princess Anne Village, LLC initiated an amendment to the Zoning Map of
the City of Virginia Beach, Virginia, by petition addressed to the City, so as to change the
classification of the Property from AG-2 to Conditional R-10 with a PDH-2 overlay as to this
contiguous parcel located in Virginia Beach identified as GPIN Number 2404-03-1158-0000; and
WHEREAS, the proffered conditions as contained in this Agreement shall supersede the
previously approved proffers contained in the June 10, 2021 Proffer Agreement; and
WHEREAS, the City's policy is to provide only for the orderly development of land for
various purposes, including mixed-use purposes, through zoning and other land development
legislation; and
WHEREAS, Grantor acknowledges that competing and sometimes incompatible uses
conflict, and that in order to permit differing uses on and in the area of the subject Property and at
the same time to recognize the effects of the change and the need for various types of uses, certain
reasonable conditions governing the use of the Property for the protection of the community that
are not generally applicable to land similarly zoned R-10 with a PDH-2 overlay are needed to cope
with the situation to which the Grantor's rezoning application gives rise; and
WHEREAS, Grantor has voluntarily proffered in writing in advance of and prior to the
public hearing before the City,as part of the proposed conditional amendment to the Zoning Map,
in addition to the regulations provided for in the existing R-10 and PHD-2 zoning districts by the
existing City's Zoning Ordinance (CZO), 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 new Zoning Map relative to the Property, all of which have a reasonable relation to the
rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantor and allowed and
accepted by the City as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the Property
covered by such conditions; provided, however, that such conditions shall continue despite a
subsequent amendment if the subsequent amendment is part of the comprehensive implementation
of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these
conditions are amended or varied by written instrument recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the
subject Property at the time of recordation of such instrument; provided, further, that said
instrument is consented to by the City in writing as evidenced by a certified copy of the ordinance
or resolution adopted by the governing body of the City, after a public hearing before the City
advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said
ordinance or resolution shall be recorded along with said instrument as conclusive evidence of
such consent.
153574788v1
NOW THEREFORE,the Grantor,for themselves,their successors,assigns,grantees,and
other successors in title or interest, voluntarily and without any requirement by or exaction from
the City or its governing body and without any element of compulsion of quid pro quo for zoning,
rezoning, site plan, building permit or subdivision approval, hereby makes 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 these proffers(collectively,
the "Proffers") shall constitute covenants running with the said Property, which shall be binding
upon the Property and upon all parties and persons claiming under or through the Grantor, their
heirs,personal representatives, assigns, grantees and other successors in interest or title, namely:
1. When developed, the lot dimensions, setbacks, height and other development
criteria set forth in the City Zoning Ordinance shall be as set out in the Princess
Anne Village Residential Development Criteria dated February 27, 2023 (the
"Development Criteria"),a copy of which has been exhibited to the Virginia Beach
City Council and is on file with the Virginia Beach Department of Planning. The
Development Criteria shall be in lieu of all corresponding criteria in the Virginia
Beach Zoning Ordinance applicable to the R-10 zoning district.
2. When developed, the project shall be developed in substantial conformity with the
conceptual site plan consisting of 3 pages entitled a "Conceptual Site Plan with
Context", "Conceptual Site Plan" and "Program and Parking" dated January 31,
2023, (the "Concept Plan"), a copy of which has been exhibited to the Virginia
Beach City Council and is on file with the Virginia Beach Department of Planning.
3. When developed, the number of single family residential homes located on the
Property shall not exceed a total of 77 homes and 16 Garage Apartments.
4. Residential structures constructed on the Property shall be in substantial conformity
with the conceptual architectural renderings consisting of 2 pages entitled Home
Styles, Princess Anne Village, "Elevations", a copy of which has been exhibited to
the Virginia Beach City Council and is on file with the Virginia Beach Department
of Planning and which have been approved by the Virginia Beach Historical
Review Board on July 18, 2018.
5. When developed, access to the Property from North Landing Road shall be
landscaped and contain a monument-styled free standing sign substantially as
shown on exhibit entitled "Monument Sign", a copy of which has been exhibited
to the Virginia Beach City Council and is on file unless modified by the Virginia
Beach Historical Review Board with the Virginia Beach Department of Planning.
6. When developed the entrance open space areas shall be in substantial conformity
with the elevation entitled"Entrance Way"dated June 4,2021,a copy of which has
been exhibited to the Virginia Beach City Council and is on file unless modified by
the Virginia Beach Historical Review Board with the Virginia Beach Department
of Planning.
153574788v1
7. When developed,there should be a pedestrian trail system on the Property and that
will connect to the adjacent City trail system as shown on the concept plan.
8. When developed, a linear open space area along Princess Anne road within the
residential zones will be subdivided as shown on the elevation site plan entitled
"Linear Open Space", dated June 4th, 2021, a copy of which has been exhibited to
the Virginia Beach City Council and is on file unless modified by the Virginia
Beach Historical Review Board with the Virginia Beach Department of Planning.
9. When developed, the Applicant will construct turn lanes at the vehicular entrance
to Princess Anne Village substantially as shown on the Concept Plan.
10. When developed, the street widths, curb heights, centerline radii, rear lane, rear
alley street signage and trail widths shall be developed in substantial conformity
with the 3-page exhibit entitled "Thoroughfare Types" dated January 31, 2023, a
copy of which has been exhibited to the Virginia Beach City Council and is on file
with the Virginia Beach Department of Planning.
Proffers Relating to the Conditional B-2 Portion of Princess Anne Village
11. Vehicular access to the portion of the Property zoned Conditional B-2 shall be from
the road system within Princess Anne Village and not directly from the North
Landing Road.
12. When developed, only the following uses shall be permitted on the Property zoned
Conditional B-2: Restaurants with no drive-through, office, and retail.
13. The height of any principal structure on the Property zoned Conditional B-2 shall
not exceed 45 feet. The exterior design and building materials shall be
complimentary to the building materials and architectural designs of the homes in
Princess Anne Village and shall be subject to approval by the Virginia Beach
Historic Review Board.
14. Any freestanding sign on the portion of the Property zoned Conditional B-2 shall
be a monument style sign, externally lit, and shall not exceed 8 feet in height. The
final design and building materials of any freestanding sign shall be subject to
approval of the Virginia Beach Historic Board.
15. Further conditions lawfully imposed by applicable development ordinances may be
required by Grantee during detailed site plan and/or subdivision review and
administration of applicable City Codes by all relevant City agencies and
departments to meet all applicable City Code requirements.
16. All references hereinabove to zoning districts and to applicable regulations refer to
the Zoning Ordinance of the City of Virginia Beach, in force as of the date the
conditional zoning amendment is approved by Grantee.
153574788v1
The Grantor covenants and agrees that(1)the Zoning Administrator of the City of Virginia Beach,
Virginia shall be vested with all necessary authority on behalf of the governing body of the City
of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the
ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the
bringing of legal action or suit to ensure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2)
the failure to meet all conditions 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 the provisions of the City Code, the CZO or this
Agreement,the Grantor shall petition the governing body for the review thereof prior to instituting
proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the subject Property on the map and that the
ordinance and the conditions may be made readily available and accessible for public inspection
in the office of the Zoning Administrator and in the Department of Planning and that they shall be
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and
indexed in the name of the Grantor and Grantee.
[INTENTIONALLY LEFT BLANK
SIGNATURE PAGES TO FOLLOW]
153574788v1
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and
indexed in the name of the Grantors and Grantee.
IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first
written above.
GRANTOR:
PRINCESS ANNE VILLAGE LLC,
a Virginia limited liability company
By: 114444..�l .�.
Its: Mfc1JFEc-at —
STATE/COMMONWEALTH OF Ili f %�(`'7
CITY OF �/; •n • to ,to-wl
)i iq B 4
The foregoing instrument was sworn to and acknowledged before me this I day of
, 20 , by(,/a,/e (6a r,'• ht X.in her/his capacity as ifq4ott G1 of Princess
Anne V llage LLC,a Virginia limited liability company . She/he is either personally known to me or
has produced ✓.#J,-,1,k Pr;✓ee 16 8 ve as identification.
Witness my hand and official stamp or seal this II day of , ,20 4) .
Notary Public (SEAL)
My Commission Expires: /0/3//zo 6
Registration Number: Fooqi Z 7 C
),RENCeLNIt
IOTAgy
' .Expires n
£E26 �a
$1/4441:"627 gi
5
IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first
written above.
GRANTOR:
City of Virginia Beach,
a Mun' ipal Corporation
By:
Its: City Manager
STATE/COMMONWEALTH OF \l i 1 i 11u C�
CITY OF L;�'ri►'Lt.tk_ Lt C .to-wit:
The foregoing instrument was sworn to and acknowledged before me this day of
l2b r , 20 2 3 , by � �1L4 A , h cc,11V1 in her is capacity as
Ritvet,to of the City of Virginia Beach,a Municipal Corporation. She is either
persorially know to me or has produced as identification.
Witness my hand and official stamp or seal this LO day of re b�uu r�,20 )3.
-� �� (/ 77/i(CO/EA 'ice
J
Notary Public (SEAL)
My Commission Expires: If 9 U --;2_
Registration Number: 3 � n 3 9 3 C
EXHIBIT A
Legal Description
Legal Description by Metes and Bounds
of Area to be known as
Princess Anne Village
2377 Princess Anne Road, Virginia Beach, VA
Legal Description
ALL THAT certain lot, piece or parcel of land, with the buildings and
improvements thereon, situate, lying and being in the Princess Anne Borough, near
Princess Anne Courthouse, in the City of Virginia Beach, Virginia, and more
particularly described as follows, to-wit:
BEGINNING at a pipe in the southern line of the right of way of Princess Anne
Road(State Highway Route No. 629),distance 110 feet as measured along a course,
S. 54 degrees 51'W from a pump point in the southern line of the right of way of
Princess Anne Road, which said pump point is also located in the dividing line
between property now or formerly of Eva M. Burton and other property now or
formerly of Sidney A. Wood and Judith I. Wood and from the point of beginning
thus established running S. 36 degrees 30'E 216.6 feet to a pipe located in the center
line of a ditch, thence turning and running along the center line of said ditch S. 49
degrees 54'W 175.34 feet to a pipe located in said ditch;thence turning and running
North 36 degrees 30'W 223.7 feet to a pipe located in the southern line of the right
of way of Princess Anne Road; thence turning and running along the southern line
of the right of way of Princess Anne Road along the arc of a curve to the right, the
chord of which bears No. 51 degrees 11'E and is of a length of 175.04 feet to a
pipe, to point of beginning.
IT BEING the same property conveyed to Lewis R. Mikesell and Michele T.
Mikesell, Husband and Wife, by deed from Sidney A. Wood and Judith I. Wood,
Husband and Wife, said Deed dated May 26, 1995 and recorded May 30, 1995 in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in
Deed Book 3500, at Page 1761.
147080677v1
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44
ITEM— V.L.4
PLANNING
ITEM#74250
Upon motion by Council Member Henley, seconded by Council Member Holcomb, City Council
APPROVED, AS PROFFERED, AS CONDITIONED, BY CONSENT, Application of AMIR YAHYA
RAZI for a Conditional Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business
and a Conditional Use Permit re automobile repair garage located between 2989 and 3005 Holland Road
DISTRICT 2(Formerly District 7—Princess Anne)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
AMIR YAHYA RAZI for a Conditional Change of Zoning from AG-2
Agricultural to Conditional B-2 Community Business and a Conditional
Use Permit re automobile repair garage located between 2989 and 3005
Holland Road (GPIN 1495235225) 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.
Proffers:
1. The Property shall be developed in substantial conformity with the conceptual site plan entitled
"Cogent Center Preliminary Development Plan, Virginia Beach, Virginia", prepared by AES
Consulting Engineers dated February 23, 2023 ("Conceptual Site Plan"), which 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 building built on the Property shall be
substantially compatible with the architectural design and building materials depicted on the
building elevation plan entitled "Cogent Center, Virginia Beach, Virginia", dated November 1,
2022,prepared by CL Pincus Jr. & Co., which has been exhibited to City Council and is on file
with the Planning Department.
3. The Property shall be landscaped in substantial conformity with the conceptual landscape plan
entitled "Cogent Center Conceptual Landscape Plan, Virginia Beach, Virginia"prepared by AES
Consulting Engineers dated February 23, 2023, which has been exhibited to City Council and is
on file with the Planning Department.
4. The following uses otherwise permitted by right or permitted with a conditional use permit in the
B-2 Community Business District shall be prohibited: (i) animal hospitals and veterinary
establishments, pounds, shelters, commercial kennels; (ii) assembly uses; (iii) bars, nightclubs,
wine tasting rooms and eating and drinking establishments(as principle or accessory uses); (iv)
May 16, 2023
45
ITEM— V.L.4
PLANNING
ITEM#74250
(Continued)
business and vocational schools; (v) colleges and universities; (vi) child-care education centers;
(vii)hospitals and sanitariums; (viii)medical and dental offices and clinics; (ix)open air markets;
(x) outdoor cafes; (xi) outdoor plazas; (xii) riding academies; (xiii) recreational campgrounds;
and (xiv) recreational and amusement facilities of an outdoor nature; provided, however,
recreational and amusement facilities, which are partially or temporarily enclosed on a seasonal
basis may be permitted with approval of City Council, with sufficient safeguards to preserve and
protect the existing character of adjacent properties.
5. All onsite signage shall meet the requirements of the City Zoning Ordinance (CZO), unless
otherwise approved by the Board of Zoning Appeals. The proposed sign package will be submitted
to the Zoning Administrator for review and approval prior to the issuance of a sign permit.
6. The final stormwater management plan submitted to the Development Services Center(DSC)shall
be in substantial conformance with the preliminary stormwater analysis provided by AES
Consulting Engineers dated October 27, 2022 and shall utilize the same basis of design.
7. All lighting on the Property shall be limited to that necessary for security purposes and to comply
with applicable laws and shall be shielded to prevent glare and spillover onto adjacent properties.
8. The Effective Date of this Agreement shall be the date this Agreement is approved by City Council.
Conditional Use Permit Conditions:
1. All automobile repairs must take place inside the building.
2. No outside storage of equipment,parts, or materials shall be permitted, including tires.
3. The development of the site shall substantially conform to the site layout entitled Cogent Center
Preliminary Development Plan, Virginia Beach, Virginia",prepared by AES Consulting Engineers
dated February 23, 2023 ("Conceptual Site Plan').
4. The site shall be landscaped in substantial conformity with the conceptual landscape plan entitled
"Cogent Center Conceptual Landscape Plan, Virginia Beach, Virginia" prepared by AES
Consulting Engineers dated February 23, 2023, which has been exhibited to City Council and is
on file with the Planning Department. The street frontage screening, interior parking lot coverage
and foundation screening shall meet or exceed the minimum requirements of the City's Zoning
Ordinance (CZO). A landscape plan shall be submitted during site plan review for review and
approval.
May 16, 2023
46
ITEM— V.L.4
PLANNING
ITEM#74250
(Continued)
5. The architectural design and materials of the building shall be substantially compatible with the
architectural design and building materials depicted on the building elevation plan entitled
"Cogent Center, Virginia Beach, Virginia", dated November 7, 2022,prepared by CL Pincus Jr.
& Co., which has been exhibited to City Council and is on file with the Planning Department.
6. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this
condition require storage, then such vehicles shall be stored within the building.
7. The freestanding monument sign to be erected on the Property as designated on the Site Plan shall
not exceed a height of eight feet (8) and shall be constructed with materials compatible to the
proposed building.
8. The freestanding monument sign referenced in Condition 7 shall be landscaped per the landscape
and screening requirements in the City Zoning Ordinance(CZO).
9. A photometric plan for the exterior portions of the property shall be provided as part of the final
site plan submittal. All exterior lighting shall be no taller than fourteen (14)feet in height and all
lighting shielded and directed down and inward to the property and away from adjacent properties.
This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16th day of May Two Thousand
Twenty Three.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick,Dr.Amelia N. Ross-Hammond,N.D. "Rocky"Holcomb,Jennifer
Rouse,Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
May 16, 2023
AMIR YAHYA RAZI
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT ("Agreement" or "Declaration") is made and entered into as of the
Effective Date (as such date is defined in this Agreement), by and between AMIR YAHYA
RAZI ("GRANTOR"), Grantor for indexing purposes, and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, being referred to herein as
("GRANTEE").
WITNESSETH:
WHEREAS, GRANTOR is the owner of that certain approximately 0.924 acre parcel of
real property located in the City of Virginia Beach, Virginia, commonly referred to as GPIN:
1495-23-5225-0000, located along Holland Road, more particularly described in Exhibit A,
attached hereto, and incorporated herein by reference("Property");
WHEREAS, GRANTOR 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 Property, from AG-2 Agricultural District to Conditional B-2 Community
Business District;
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 Property 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
Property 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 Property,the following
reasonable conditions related to the physical development, operation, and use of the Property to
be adopted as a part of said amendment to the Zoning Map relative and applicable to the
Property, which have a reasonable relation to the proposed rezoning and the need for which is
generated by the proposed rezoning.
GPIN: 1495-23-5225-0000
Prepared by: Lisa M.Murphy,Esquire(VSB#39111)
Willcox& Savage,P.C.
440 Monticello Avenue, Suite 2200
Norfolk,Virginia 23510
I-1926913.6
,
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 Property and hereby covenants and agrees that these
proffers shall constitute covenants running with the Property,which shall be binding upon the
Property and upon all parties and persons claiming under or through the GRANTOR, and its
successors, assigns, grantees and other successors in interest or title:
1. The Property shall be developed in substantial conformity with the conceptual site
plan entitled"Cogent Center Preliminary Development Plan, Virginia Beach,
Virginia",prepared by AES Consulting Engineers dated February 23, 2023
("Conceptual Site Plan"), which 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 building built on the Property
shall be substantially compatible with the architectural design and building materials
depicted on the building elevation plan entitled"Cogent Center, Virginia Beach,
Virginia", dated November 1,2022,prepared by CL Pincus Jr. & Co., which has been
exhibited to City Council and is on file with the Planning Department.
3. The Property shall be landscaped in substantial conformity with the conceptual
landscape plan entitled"Cogent Center Conceptual Landscape Plan, Virginia Beach,
Virginia"prepared by AES Consulting Engineers dated February 23,2023, which has
been exhibited to City Council and is on file with the Planning Department.
4. The following uses otherwise permitted by right or permitted with a conditional use
permit in the B-2 Community Business District shall be prohibited: (i) animal
hospitals and veterinary establishments,pounds, shelters, commercial kennels; (ii)
assembly uses; (iii)bars, nightclubs,wine tasting rooms and eating and drinking
establishments (as principle or accessory uses); (iv)business and vocational schools;
(v) colleges and universities; (vi) child-care education centers; (vii)hospitals and
sanitariums; (viii)medical and dental offices and clinics; (ix) open air markets; (x)
outdoor cafes; (xi) outdoor plazas; (xii)riding academies; (xiii)recreational
campgrounds; and(xiv)recreational and amusement facilities of an outdoor nature;
provided,however, recreational and amusement facilities, which are partially or
temporarily enclosed on a seasonal basis may be permitted with approval of City
Council, with sufficient safeguards to preserve and protect the existing character of
adjacent properties.
5. All onsite signage shall meet the requirements of the City Zoning Ordinance,unless
otherwise approved by the Board of Zoning Appeals. The proposed sign package will
2
I-1926913.6
be submitted to the Zoning Administrator for review and approval prior to the
issuance of a sign permit.
6. The final stormwater management plan submitted to the Development Services
Center(DSC) shall be in substantial conformance with the preliminary stormwater
analysis provided by AES Consulting Engineers dated October 27,2022 and shall
utilize the same basis of design.
7. All lighting on the Property shall be limited to that necessary for security purposes
and to comply with applicable laws and shall be shielded to prevent glare and
spillover onto adjacent properties.
8. The Effective Date of this Agreement shall be the date this Agreement is approved by
City Council.
All references herein to the B-2 Community Business District and to the requirements
and regulations applicable thereto refer to the City 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
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;
3
I-1926913.6
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.]
4
I-1926913.6
WITNESS the following signature and seal.
GRANTOR:
(,04,6 (SEAL)
AMIR YAHYA RAZI
COMMONWEALTH OF VIRGINIA
CITY OF ),,�,,,,, � �to wit:
The foregoing instrument was acknowledged before me this l day of September 2022,
by Amir Yahya Razi, who is personally known to me or has produced
identification.
[SEAL]
o ry Public
Registration No: --IS39 3i 1p
`,`�0 ••• il'oJ My Commission Expires:
Z \5 cI d -C
7o`
[Signature Page to Proffered Covenants, Restrictions and Conditions]
I-1926913.1
Exhibit A
to
Proffered Covenants,Restrictions and Conditions
Legal Description of the Property
ALL THAT certain lot,piece or parcel of land, with the buildings and improvements thereon,
situate, lying and being in the City of Virginia Beach, Virginia, more particularly described as
follows:
BEGINNING at a point in the Southern line of Holland Road, formerly Holland Swamp Road,
which point is 179.4 feet Westerly from the intersection of the Western line of the property
hereinabove described with said line of said road and running thence South North 45°21' West
along said road 152.0 feet to an iron pin at the intersection of said road with Easterly boundary of
property of Leroy Lamb; thence 45° 19' West, 283.8 feet along the Western boundary of land of
a former grantor to the point of beginning, containing 1.0 acre.
LESS AND EXCEPT that portion of property conveyed to the Commonwealth of Virginia by
instrument dated December 16, 2008 and recorded in the aforesaid Clerk's Office April 27, 2009
in Instrument Number 200904727000453260.
A-1
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47
ITEM— VI.L.5
PLANNING
ITEM#74251
Upon motion by Council Member Henley, seconded by Council Member Holcomb, City Council
APPROVED, AS CONDITIONED, BY CONSENT, Application of CHRISTINA DANIELLE
PATTERSON/JN&RBD,LLC for a Conditional Use Permit re tattoo parlor at 328 Office Square Lane,
Suite 203 DISTRICT 1 (Formerly District 2—Kempsville)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
CHRISTINA DANIELLE PATTERSON / JN & RBD, LLC for a
Conditional Use Permit re tattoo parlor at 328 Office Square Lane, Suite
203 (GPIN 1466793843)DISTRICT 1 (Formerly District 2—Kempsville)
The following conditions shall be required:
1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval
of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City
Code.
2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent
makeup. No other form of tattooing shall be permitted.
3. The actual application of permanent makeup shall not be visible from the exterior of the
establishment or from the waiting and sales area within the establishment.
4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance
(CZO), and there shall be no neon, electronic display or similar signage 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 Department of Planning & Community
Development 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 16`h day of May Two Thousand
Twenty Three.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond,N.D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
May 16, 2023
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48
ITEM— VI.L.6
PLANNING
ITEM#74252
Upon motion by Council Member Henley, seconded by Council Member Holcomb, City Council
APPROVED,AS CONDITIONED,BY CONSENT,Application of BOLD BEAUTY INK,LLC/ALVIN
J. LANESE TRUST for a Conditional Use Permit re tattoo parlor at 968 South Oriole Drive, Suite 100
DISTRICT 6(Formerly District 6—Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
BOLD BEAUTY INK, LLC / ALVIN J. LANESE TRUST for a
Conditional Use Permit re tattoo parlor at 968 South Oriole Drive, Suite
100(GPIN 2418711141)DISTRICT 6(Formerly District 6—Beach)
The following conditions shall be required:
1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval
of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City
Code.
2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent
makeup. No other form of tattooing shall be permitted.
3. The actual application of permanent makeup shall not be visible from the exterior of the
establishment or from the waiting and sales area within the establishment.
4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance
(CZO), and there shall be no neon, electronic display or similar signage 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 Department of Planning & Community
Development 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 16`h day of May Two Thousand
Twenty Three.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick,Dr.Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
May 16, 2023
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49
ITEM— V.L.7
PLANNING
ITEM#74253
Upon motion by Council Member Henley, seconded by Council Member Holcomb, City Council
APPROVED,AS CONDITIONED,BY CONSENT,Application of PATRICIA A. GANDY/SCOTT M.
GANDY& PATRICIA A. GANDY for a Conditional Use Permit re home-based wildlife rehabilitation
facility at 102 Willow Drive DISTRICT 6(Formerly District 6—Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
PATRICIA A. GANDY/SCOTT M. GANDY& PATRICIA A. GANDY
for a Conditional Use Permit re home-based wildlife rehabilitation
facility at 102 Willow Drive (GPIN 2418733619)DISTRICT 6(Formerly
District 6—Beach)
The following conditions shall be required:
1. The applicant shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance
(CZO)pertaining to a Home-Based Wildlife Rehabilitation Facility.
2. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia
Department of Wildlife Resources.
3. The application shall comply with all rabies immunization protocols as established for wildlife
rehabilitation by the Virginia Department of Wildlife Resources.
4. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m.
5. No animals shall be released at the subject site or within the neighborhood.
6. Animal waste shall be removed daily in a lawful manner.
7. All animals shall be properly and humanely contained either in the dwelling unit or within the
pre-release structure.Animals shall not be allowed to roam freely out of these structures at any
time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be
notified immediately.
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 16`"day of May Two Thousand
Twenty Three.
May 16, 2023
50
ITEM— V.L.7
PLANNING
ITEM#74253
(Continued)
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N.D. "Rocky"Holcomb,Jennifer
Rouse,Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
May 16, 2023
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51
ITEM— V.L.8
PLANNING
ITEM#74254
Upon motion by Council Member Henley, seconded by Council Member Holcomb, City Council
APPROVED, AS CONDITIONED, BY CONSENT, Application of WILLIAM J. WRIGHT, JR. /
BEACH FRONT FINANCING, LLC for a Conditional Use Permit re short term rental at 911 Pacific
Avenue, Unit C DISTRICT 5 (Formerly District 6—Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
WILLIAM J. WRIGHT, JR./BEACH FRONT FINANCING,LLC for
a Conditional Use Permit re short term rental at 911 Pacific Avenue, Unit
C(GPIN 24272444111035)DISTRICTS (Formerly District 6—Beach)
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 911 Pacific Avenue,
Unit C and the Short Term Rental use shall only occur in the principal structure.
2. An annual Short Term Rental Zoning Permit must be obtained from the Department of Planning
and Community Development (Zoning Administration) before using the dwelling for Short Term
Rental purposes.
3. The dwelling unit shall comply with all required Fire and Building code requirements.
4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City
Zoning Ordinance(CZO) or as approved by City Council.
S. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal
process of this Conditional Use Permit may be administrative and performed by the Department of
Planning and Community Development; however, the Department shall notes the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short
Term Rental has been the subject of neighborhood complaints, violations of its conditions or
violations of any building, housing, zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the allowed
number of people who may stay overnight (number of bedrooms times two (2)) on the property
where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special
Event Permit under City Code Section 4-1.
7. The owner or operator must provide the name and telephone number of a responsible person, who
may be the owner, operator or an agent of the owner or operator, who is available to be contacted
and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be
physical present at the Short Term Rental within one (1) hour.
May 16, 2023
52
ITEM— V.L.8
PLANNING
ITEM#74254
(Continued)
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notes the new
property owner of requirements 'a'through 'c'below. This information must be submitted to the
Department of Planning and Community Development for review and approval. This shall be done
within six(6) months of the property real estate transaction closing date.
1. A completed Department of Planning and Community Development Short
Term Rental Zoning Permit; and
2. Copies of the Commissioner of the Revenue's Office receipt of registration;
and
3. Proof of liability insurance applicable to the rental activity of at least $1-
Million dollars.
9. To the extent permitted by state law, each Short Term Rental must maintain registration with the
Commissioner of the Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning
Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid
waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved
parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the
requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rentals.
13. No signage shall be on-site, except that each Short Term Rental shall have one(1)four-square foot
sign posted on the building, or other permanent structure or location approved by the Zoning
Administrator, that identifies the property as a short term rental and provides the telephone
numbers for the Short Term Rental Hotlines in text large enough to be read from the public street.
14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)
consecutive days.
15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at
registration and renewal of at least$1-Million underwritten by insurers acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
May 16, 2023
53
ITEM— V.L.8
PLANNING
ITEM#74254
(Continued)
17. The maximum number ofpersons on the property after 11:00 p.m.and before 7:00 a.m. ("Overnight
Lodgers')shall be two (2) individuals per bedroom, which number shall not include minors under
the age of sixteen (16),provided that in no case may the total number of persons staying overnight
at the property exceed the number of approved bedrooms multiplied by three(3).
18. The property owner, or their representative, shall provide to the Department of Planning and
Community Development permission to inspect the Short Term Rental property annually. Such
inspection shall include: 1)At least one (1)fire extinguisher has been installed inside the unit(in
the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in
accordance with the building code in affect at the of construction and interconnected. Units
constructed prior to interconnection requirements must have a minimum of one (1) smoke alarm
installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when
activated, be audible in all sleeping rooms,and 3)All smoke alarms and carbon monoxide detectors
have been inspected within the last twelve(12) months and are in good working order.
Properties managed by Short Term Rental Companies certified by the Department of Planning and
Community Development shall only be required to be inspected every three (3) years. The
inspection for compliance with the requirements above shall be performed by the short term rental
management company and be documented on a form prescribed by the Department of Planning
and Community Development and shall be provided during the yearly permitting process.
Properties may be inspected annually for compliance with the requirements above by certified
Short Term Rental Management Companies or Certified Home Inspectors. The compliance
inspection shall be documented on a form prescribed by the Department of Planning and
Community Development and shall be provided during the yearly permit process.
19. A structural safety inspection report shall be provided to the city every three (3)years indicating
all exterior stairways, decks, porches, and balconies have been inspected by a licensed design
professional qualified to perform such inspection (engineer or architect)and are safe for use. The
report must indicate the maximum number of occupants permitted on each level of these structures
and placards indicating the maximum number of occupants of all exterior stairways, decks,
porches, and balconies must be posted on each level of these structures.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`h day of May Two Thousand
Twenty Three.
May 16, 2023
54
ITEM— V.L.8
PLANNING
ITEM#74254
(Continued)
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N.D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
May 16, 2023
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55
ITEM— V.L.9
PLANNING
ITEM#74255
Upon motion by Council Member Henley, seconded by Council Member Holcomb, City Council
APPROVED,AS CONDITIONED,BY CONSENT,Application of TARA RYAN/PACIFIC AIR 3,LLC
for a Conditional Use Permit re short term rental at 925 Pacific Avenue DISTRICTS(Formerly District 6
—Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
TARA RYAN/PACIFIC AIR 3, LLC for a Conditional Use Permit re
short term rental at 925 Pacific Avenue (GPIN 24272444111145)
DISTRICTS(Formerly District 6—Beach)
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 925 Pacific Avenue and
the Short Term Rental use shall only occur in the principal structure.
2. An annual Short Term Rental Zoning Permit must be obtained from the Department of Planning
and Community Development (Zoning Administration) before using the dwelling for Short Term
Rental purposes.
3. The dwelling unit shall comply with all required Fire and Building code requirements.
4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City
Zoning Ordinance(CZO) or as approved by City Council.
S. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal
process of this Conditional Use Permit may be administrative and performed by the Department of
Planning and Community Development; however, the Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short
Term Rental has been the subject of neighborhood complaints, violations of its conditions or
violations of any building, housing, zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the allowed
number of people who may stay overnight (number of bedrooms times two (2)) on the property
where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special
Event Permit under City Code Section 4-1.
7. The owner or operator must provide the name and telephone number of a responsible person, who
may be the owner, operator or an agent of the owner or operator, who is available to be contacted
and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be
physical present at the Short Term Rental within one(1) hour.
May 16, 2023
56
ITEM— Y.L.9
PLANNING
ITEM#74255
(Continued)
8. If, or when, the ownership of the property changes, it is the seller's responsibility to not5 the new
property owner of requirements 'a'through 'c'below. This information must be submitted to the
Department of Planning and Community Development for review and approval. This shall be done
within six(6) months of the property real estate transaction closing date.
1. A completed Department of Planning and Community Development Short
Term Rental Zoning Permit; and
2. Copies of the Commissioner of the Revenue's Office receipt of registration;
and
3. Proof of liability insurance applicable to the rental activity of at least $1-
Million dollars.
9. To the extent permitted by state law, each Short Term Rental must maintain registration with the
Commissioner of the Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning
Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid
waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved
parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the
requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rentals.
13. No signage shall be on-site, except that each Short Term Rental shall have one(1)four-square foot
sign posted on the building, or other permanent structure or location approved by the Zoning
Administrator, that identifies the property as a short term rental and provides the telephone
numbers for the Short Term Rental Hotlines in text large enough to be read from the public street.
14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)
consecutive days.
15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at
registration and renewal of at least$1-Million underwritten by insurers acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
May 16, 2023
57
ITEM— V.L.9
PLANNING
ITEM#74255
(Continued)
17. The maximum number ofpersons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight
Lodgers')shall be two (2) individuals per bedroom, which number shall not include minors under
the age of sixteen (16),provided that in no case may the total number of persons staying overnight
at the property exceed the number of approved bedrooms multiplied by three(3).
18. The property owner, or their representative, shall provide to the Department of Planning and
Community Development permission to inspect the Short Term Rental property annually. Such
inspection shall include: 1)At least one (1)fire extinguisher has been installed inside the unit(in
the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in
accordance with the building code in affect at the of construction and interconnected. Units
constructed prior to interconnection requirements must have a minimum of one (1) smoke alarm
installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when
activated, be audible in all sleeping rooms,and 3)All smoke alarms and carbon monoxide detectors
have been inspected within the last twelve(12) months and are in good working order.
Properties managed by Short Term Rental Companies certified by the Department of Planning and
Community Development shall only be required to be inspected every three (3) years. The
inspection for compliance with the requirements above shall be performed by the short term rental
management company and be documented on a form prescribed by the Department of Planning
and Community Development and shall be provided during the yearly permitting process.
Properties may be inspected annually for compliance with the requirements above by certified
Short Term Rental Management Companies or Certified Home Inspectors. The compliance
inspection shall be documented on a form prescribed by the Department of Planning and
Community Development and shall be provided during the yearly permit process.
19. A structural safety inspection report shall be provided to the city every three (3)years indicating
all exterior stairways, decks, porches, and balconies have been inspected by a licensed design
professional qualified to perform such inspection (engineer or architect)and are safe for use. The
report must indicate the maximum number of occupants permitted on each level of these structures
and placards indicating the maximum number of occupants of all exterior stairways, decks,
porches, and balconies must be posted on each level of these structures.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`h day of May Two Thousand
Twenty Three.
May 16, 2023
58
ITEM— V.L.9
PLANNING
ITEM#74255
(Continued)
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick,Dr.Amelia N. Ross-Hammond, N.D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
May 16, 2023
114
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59
ITEM— V.L.10
PLANNING
ITEM#74256
Upon motion by Council Member Henley, seconded by Council Member Holcomb, City Council
APPROVED, AS CONDITIONED, BY CONSENT, Application of MILTON J. PRICE, HI for a
Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 603 DISTRICT 5 (Formerly
District 6—Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MILTON J.PRICE,III for a Conditional Use Permit re short term rental
at 303 Atlantic Avenue, Unit 603 (GPIN 24273224031780) DISTRICT S
(Formerly District 6—Beach)
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue,
Unit 603, and the Short Term Rental use shall only occur in the principal structure.
2. An annual Short Term Rental Zoning Permit must be obtained from the Department of Planning
and Community Development (Zoning Administration) before using the dwelling for Short Term
Rental purposes.
3. The dwelling unit shall comply with all required Fire and Building code requirements.
4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City
Zoning Ordinance(CZO) or as approved by City Council.
5. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal
process of this Conditional Use Permit may be administrative and performed by the Department of
Planning and Community Development; however, the Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short
Term Rental has been the subject of neighborhood complaints, violations of its conditions or
violations of any building, housing, zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the allowed
number of people who may stay overnight (number of bedrooms times two (2)) on the property
where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special
Event Permit under City Code Section 4-1.
7. The owner or operator must provide the name and telephone number of a responsible person, who
may be the owner, operator or an agent of the owner or operator, who is available to be contacted
and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be
physical present at the Short Term Rental within one (1)hour.
May 16, 2023
60
ITEM— V.L.10
PLANNING
ITEM#74256
(Continued)
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new
property owner of requirements 'a'through 'c'below. This information must be submitted to the
Department of Planning and Community Development for review and approval. This shall be done
within six(6) months of the property real estate transaction closing date.
1. A completed Department of Planning and Community Development Short
Term Rental Zoning Permit; and
2. Copies of the Commissioner of the Revenue's Office receipt of registration;
and
3. Proof of liability insurance applicable to the rental activity of at least $1-
Million dollars.
9. To the extent permitted by state law, each Short Term Rental must maintain registration with the
Commissioner of the Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning
Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid
waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved
parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the
requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rentals.
13. No signage shall be on-site, except that each Short Term Rental shall have one(1)four-square foot
sign posted on the building, or other permanent structure or location approved by the Zoning
Administrator, that identifies the property as a short term rental and provides the telephone
numbers for the Short Term Rental Hotlines in text large enough to be read from the public street.
14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)
consecutive days.
15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at
registration and renewal of at least$1-Million underwritten by insurers acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
May 16, 2023
61
ITEM— V.L.10
PLANNING
ITEM#74256
(Continued)
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight
Lodgers")shall be two(2) individuals per bedroom, which number shall not include minors under
the age of sixteen (16),provided that in no case may the total number of persons staying overnight
at the property exceed the number of approved bedrooms multiplied by three (3).
18. The property owner, or their representative, shall provide to the Department of Planning and
Community Development permission to inspect the Short Term Rental property annually. Such
inspection shall include: 1)At least one (1)fire extinguisher has been installed inside the unit(in
the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in
accordance with the building code in affect at the of construction and interconnected. Units
constructed prior to interconnection requirements must have a minimum of one (1) smoke alarm
installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when
activated,be audible in all sleeping rooms,and 3)All smoke alarms and carbon monoxide detectors
have been inspected within the last twelve(12) months and are in good working order.
Properties managed by Short Term Rental Companies certified by the Department of Planning and
Community Development shall only be required to be inspected every three (3) years. The
inspection for compliance with the requirements above shall be performed by the short term rental
management company and be documented on a form prescribed by the Department of Planning
and Community Development and shall be provided during the yearly permitting process.
Properties may be inspected annually for compliance with the requirements above by certified
Short Term Rental Management Companies or Certified Home Inspectors. The compliance
inspection shall be documented on a form prescribed by the Department of Planning and
Community Development and shall be provided during the yearly permit process.
19. A structural safety inspection report shall be provided to the city every three (3)years indicating
all exterior stairways, decks, porches, and balconies have been inspected by a licensed design
professional qualified to perform such inspection (engineer or architect)and are safe for use. The
report must indicate the maximum number of occupants permitted on each level of these structures
and placards indicating the maximum number of occupants of all exterior stairways, decks,
porches, and balconies must be posted on each level of these structures.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16t1i day of May Two Thousand
Twenty Three.
May 16, 2023
62
ITEM— V.L.10
PLANNING
ITEM#74256
(Continued)
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N.D. "Rocky"Holcomb,Jennifer
Rouse,Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
May 16, 2023
ORJ j `,
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Property_Polygons
Zoning - Ili Immo Feet
Building 0 1020 40 60 80 100 120
63
ITEM— V.L.11
PLANNING
ITEM#74257
Upon motion by Council Member Henley, seconded by Council Member Holcomb, City Council
APPROVED,AS CONDITIONED, BY CONSENT, Application of FRANCES ROBBINS OMAN for a
Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 217 DISTRICT 6 (Formerly
District 6—Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
FRANCES ROBBINS OMAN for a Conditional Use Permit re short term
rental at 4005 Atlantic Avenue, Unit 217 (GPIN 24280514484090)
DISTRICT 6(Formerly District 6—Beach)
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue,
Unit 217, and the Short Term Rental use shall only occur in the principal structure.
2. An annual Short Term Rental Zoning Permit must be obtained from the Department of Planning
and Community Development (Zoning Administration) before using the dwelling for Short Term
Rental purposes.
3. The dwelling unit shall comply with all required Fire and Building code requirements.
4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City
Zoning Ordinance(CZO)or as approved by City Council.
5. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal
process of this Conditional Use Permit may be administrative and performed by the Department of
Planning and Community Development; however, the Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short
Term Rental has been the subject of neighborhood complaints, violations of its conditions or
violations of any building, housing, zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the allowed
number of people who may stay overnight (number of bedrooms times two (2)) on the property
where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special
Event Permit under City Code Section 4-1.
7. The owner or operator must provide the name and telephone number of a responsible person, who
may be the owner, operator or an agent of the owner or operator, who is available to be contacted
and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be
physical present at the Short Term Rental within one (1) hour.
May 16, 2023
64
ITEM— V.L.11
PLANNING
ITEM#74257
(Continued)
8. If, or when, the ownership of the property changes, it is the seller's responsibility to note the new
property owner of requirements 'a'through 'c'below. This information must be submitted to the
Department of Planning and Community Development for review and approval. This shall be done
within six(6) months of the property real estate transaction closing date.
1. A completed Department of Planning and Community Development Short
Term Rental Zoning Permit; and
2. Copies of the Commissioner of the Revenue's Office receipt of registration;
and
3. Proof of liability insurance applicable to the rental activity of at least $1-
Million dollars.
9. To the extent permitted by state law, each Short Term Rental must maintain registration with the
Commissioner of the Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning
Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid
waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved
parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the
requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rentals.
13. No signage shall be on-site, except that each Short Term Rental shall have one(1)four-square foot
sign posted on the building, or other permanent structure or location approved by the Zoning
Administrator, that identifies the property as a short term rental and provides the telephone
numbers for the Short Term Rental Hotlines in text large enough to be read from the public street.
14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)
consecutive days.
15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at
registration and renewal of at least$1-Million underwritten by insurers acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
May 16, 2023
65
ITEM— V.L.11
PLANNING
ITEM#74257
(Continued)
17. The maximum number ofpersons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight
Lodgers')shall be two (2) individuals per bedroom, which number shall not include minors under
the age of sixteen (16),provided that in no case may the total number of persons staying overnight
at the property exceed the number of approved bedrooms multiplied by three(3).
18. The property owner, or their representative, shall provide to the Department of Planning and
Community Development permission to inspect the Short Term Rental property annually. Such
inspection shall include: 1)At least one (1)fire extinguisher has been installed inside the unit(in
the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in
accordance with the building code in affect at the of construction and interconnected. Units
constructed prior to interconnection requirements must have a minimum of one (1) smoke alarm
installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when
activated, be audible in all sleeping rooms,and 3)All smoke alarms and carbon monoxide detectors
have been inspected within the last twelve(12) months and are in good working order.
Properties managed by Short Term Rental Companies certified by the Department of Planning and
Community Development shall only be required to be inspected every three (3) years. The
inspection for compliance with the requirements above shall be performed by the short term rental
management company and be documented on a form prescribed by the Department of Planning
and Community Development and shall be provided during the yearly permitting process.
Properties may be inspected annually for compliance with the requirements above by certified
Short Term Rental Management Companies or Certified Home Inspectors. The compliance
inspection shall be documented on a form prescribed by the Department of Planning and
Community Development and shall be provided during the yearly permit process.
19. A structural safety inspection report shall be provided to the city every three (3)years indicating
all exterior stairways, decks, porches, and balconies have been inspected by a licensed design
professional qualified to perform such inspection (engineer or architect)and are safe for use. The
report must indicate the maximum number of occupants permitted on each level of these structures
and placards indicating the maximum number of occupants of all exterior stairways, decks,
porches, and balconies must be posted on each level of these structures.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16th day of May Two Thousand
Twenty Three.
May 16, 2023
66
ITEM— V.L.11
PLANNING
ITEM#74257
(Continued)
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond,N.D. "Rocky"Holcomb,Jennifer
Rouse,Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
May 16, 2023
\ IP
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Suite Frances Robbins Oman w 41 I;
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4005 Atlantic Avenue, Unit 217
WA Site
s
Property_Polygons
Zoning - Feet
Building 0 5 10 20 30 40 50 60
67
ITEM— V.L.12
PLANNING
ITEM#74258
Upon motion by Council Member Henley, seconded by Council Member Holcomb, City Council
APPROVED,BY CONSENT,Application of Ordinance to AMEND Oceanfront Resort Form-Based Code
Section 5.3.7 re temporary commercial parking lots
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr. Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
May 16, 2023
1 AN ORDINANCE TO AMEND SECTION 5.3.7
2 OF THE OCEANFRONT RESORT FORM-
3 BASED CODE PERTAINING TO
4 COMMERCIAL PARKING LOTS,
5 TEMPORARY
6
7 Section Amended: § 5.3.7 of the Oceanfront
8 Resort Form-Based Code
9
10 WHEREAS, the public necessity, convenience, general welfare and good zoning
11 practice so require;
12
13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15
16 That Section 5.3.7 of the Oceanfront Resort Form-Based Code is hereby
17 amended and reordained to read as the following:
18
19 Sec. 5.3.7 Commercial Parking Lot, Temporary
20
21 A temporary commercial parking lot is permitted as a limited use in accordance with the
22 following:
23
24 A. Temporary commercial parking lots are not permitted:
25
26 1. North of Pinewood Road/32nd Street and west of Pacific Avenue;
27 2. South of Virginia Beach Boulevard/17th Street, west of Pacific Avenue,
28 and north of 14th Street;
29 3. North of 22nd Street, west of Pacific Avenue, and south of 28th Street (as
30 extended to Baltic Avenue); and
31 4. East of Atlantic Avenue.
32
33 B. Perimeter landscaping meeting the requirements of Sec. 5A of the Site Plan
34 Ordinance acid-the-Putalis-AleFks-StaRclard-MaRtial must be installed, and
35 temporary surface treatment in accordance with the-standaRts fef-tempeFacy
36 parkiRg lets-rn-the-Public-Weiks-S andards-MaF Section 203ibX(5)._of the
37 Zoning Ordinance must be provided.
38
39 C. Where allowed and approved, a temporary commercial parking lot may ey be
40 permitted for one calendar year. Ne-extec siefls-are-alley: Up to two f22 one-
41 year extensions may be granted by the Planning Director until December 31,
42 2026i at which point no extensions may be granted.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of
May, 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Cnnsi (Asianak2
rg Department City Attomey's Office
CA16122
R-3
April 4.2023
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69
ADJOURNMENT
ITEM#74260
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 8:16 P.M.
Terra . elius
Chief Deputy City Clerk
Am da Bar es Robert M. Dyer
City Clerk, MMC Mayor
City of Virginia Beach
Virginia
May 16, 2023