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Home My WebLink AboutJULY 11, 2023 FORMAL SESSION MINUTES fr4Z\1712- 1 n . +C°,-,h�:.Y='tip. op OUR 1,0tS`., VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 11, 2023 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, July 11, 2023, at 1:00 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemafy Wilson Family Vacation ' City of Virginia 8cach rv� 2 03, c'•+may`- G`,r 9yrs �4 e4. aF OUR NAS'°5 Bg4)'.cY N11 PHONE:(757)422-0733 ROSEMARY WILSON RCWiIson(a)vbgov.com VICE MAYOR COUNCIL MEMBER—DISTRICT 5 July 5, 2023 HONORABLE MAYOR MEMBERS OF CITY COUNCIL Dear Colleagues, I will be out of town on family vacation and unable to attend the City Council meeting on July 11, 2023. Sincerely, Rosemary Wilson Vice Mayor—District 5 Cc: City Clerk City Attorney City Manager FOIA Officer 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451 2 CITY COUNCIL'S BRIEFINGS NAVAL AIR STATION OCEANA UPDATE ITEM#74406 1:01 P.M. This presentation was delayed until 1:35 P.M July 11, 2023 3 CITY COUNCIL'S BRIEFINGS MICRO-TRANSIT PILOT PROGRAM UPDATE ITEM#74407 1:03 P.M. Mayor Dyer welcomed William Harrell, President& CEO, Ray Amoruso, Chief Planning&Development Office and Amy Brazil, Director of Contracted Services — Hampton Roads Transit (HRT). Mr. Harrell expressed his appreciation to City Council for their continued support: MICROTRANSIT PILO Kathy Warren,Dire „4 City Council PO LAIC Br'_ July11,2023 HAMPTON ROADS TRANSIT Virginia Beach City Council Work Session Hampton Roads Transit Briefing July 11,2023 Willem E.Hanel;Resided&CEO Ray Arnor so;Chief Plaimg&DevelcpnentOfficer Amy Brawl;Deeceorof Ccet ailed Services gohrt.com July 11, 2023 4 CITY COUNCIL'S BRIEFINGS MICRO-TRANSIT PILOT PROGRAM UPDATE ITEM#74407 (Continued) The next few slides provide an overview of HRT: Hampton Roads Transit is On the Move Improving Service Hours&Frequency r• ]5 mmule services eepeded to launch on Route 20 in Oda.,HOT sneropates an _ increase in ndershipes a result New Buses - HRT recarrad 21 new buses alienated for 157 Express exoanewn Additional buses • wet be recewea later to.summer , _ I Expanding&Upgrading Passenger Amenities 620 bus stops will be upgraded wdn a slrelter bench or both.8 ahef(ers newt been mslalNd end 37 stops nave been retrofitted with solar lighting in Vagmre Beach �' ■ Deploying Next-Gen Technologies HIT launched Real lmre Bus functionality ana u working on ns mobile fare cWkeWon system to mctude mobile ticketing Hampton Roads Transit is On the Move ;slPgradingHRTFacilities '' ;... itliSRT was reentry Bo blitheMinr arded the RYA a gram to replete ene 39ytarald Reno Man.lam.in Wpm.Seem Thu new(golds will house el0Wic veaMe •� ,r Investing in Our Workforce kf,HRn continues to bmld its workforce.the agency tel increased bese seines for r's l a workers and is Offering service bonuses for queldnd candidates RIDE New Partnerships&Innovative Services RI DC Afters lu0Cesstul ba100tn pilot in Virginia Beach and Newport News.HOT is looking FREE 10 secure long term fundogthel would make...nut one of as we 5Brwces. N V Expanding Outreach&Ridership Promotions Curt..can vide for tree on Domed Equity Day(Pep)errs Day(Apr)luneteemn ELECTION DAY �"' (fun)anti E.ti.Day(Novi A July 11, 2023 5 CITY COUNCIL'S BRIEFINGS MICRO-TRANSIT PILOT PROGRAM UPDATE ITEM#74407 (Continued) Transit Means Business Better Reliability,Faster Commutes,New Connections -60%of HRT customers use transit to get to/from work. -This includes major employment destinations,such as Newport News Shipbuilding,Naval Station Norfolk&Sentare -As HRT continues to expand routes we will have seen a 127%increase in the number of jobs served by transit. -While you may never ride Hampton Roads Transit,chances are you depend on someone who does. s Mr. Harrell turned the presentation over to Mr. Armoruso. HAMPTON ROADS TRANSIT Microtransit Pilot Program Briefing July 11,2023 gohrt.com July 11, 2023 6 CITY COUNCIL'S BRIEFINGS MICRO-TRANSIT PILOT PROGRAM UPDATE ITEM#74407 (Continued) The next several slides provide a background of the Microtransit Pilot Project: Microtransit Pilot Project • HRT was awarded a State Demonstration Grant for $1,597,000 o Each City provided a 20%local match • Demonstration Grant goals o Does Microtransit improve mobility options for communities in a cost-effective manner? o Is there a role in the future for Microtransit in the HRT service area? o Can the state translate the Pilot project(s)experience to other areas in the Commonwealth? 7 Microtransit Pilot Project • The objective was to utilize app-based booking of rides to move people around the two defined zones in a shared ride mode utilizing passenger vans. • There were two zones for the pilot project: o Virginia Beach o Newport News • Pilot operated as a "turnkey" project. July 11, 2023 7 CITY COUNCIL'S BRIEFINGS MICRO-TRANSIT PILOT PROGRAM UPDATE ITEM#74407 (Continued) Why Microtransit? Evolving Marketplace & Expectations... 411/111.11, Agencies adapting to integrate mobility services 9 Microtransit Pilot Project • Pilot deployed small to medium-size vehicles to provide transit trips based on passenger requests. • Trip requests from customers were made through a mobile phone application or call-in to request a vehicle to meet at a particular time and location. • Trips were shared with other customers who had similar destinations and originated at"virtual" bus stops. July 11, 2023 8 CITY COUNCIL'S BRIEFINGS MICRO-TRANSIT PILOT PROGRAM UPDATE ITEM#74407 (Continued) Mr. Armoruso turned the presentation over to Ms. Brazil. How Does Microtransit Work? OIP"' Ls- Pairs riders Matches riders with Directs riders and traveling along the the best vehicle for drivers dynamically to same path that shared journey the best virtual stop Here are the Points of Interest encompassing fifteen (15)square miles: Microtransit Pilot Project rginia Beach ', AWL ZkteE 15 square miles TORr.. • Points of Interest • Walmart Grocery Store • Sentara Leigh .• • Kempsville Plaza Shopping Center • Pembrook Mall/Town Center • Virginia Wesleyan 'JANA • Kroger • Pleasure House&Shore Drive Bus Stops , • Connections to seven bus routes and light rail end of line. libie",l.et 12 July 11, 2023 9 CITY COUNCIL'S BRIEFINGS MICRO-TRANSIT PILOT PROGRAM UPDATE ITEM#74407 (Continued) Here are the Hours of Operation and Fleet Size: Microtransit Pilot Project .. \ • Service launched on July 10,2022 No..,Roads T,ar.A ,,r. OnDemand • Hours of Operation • Monday- Friday 5AM-9PM • Saturday&Sunday 7AM-8PM 4 i i" • Fleet Size • 6 in Virginia Beach +2 WAV �' • 5 in Newport News+1 WAV •_. • 9 Spares including 2 spare WAVs • 13 Microtransit Vehicles > .- r - �, V 4 rig July 11, 2023 10 CITY COUNCIL'S BRIEFINGS MICRO-TRANSIT PILOT PROGRAM UPDATE ITEM#74407 (Continued) The next several slides provide the Gity's Pilot Results: HAMPTON ROADS TRANSIT Virginia Beach Pilot Results gohrt.corn 15 Virginia Beach Service Statistics Completed Rides by Month zsoo zoos 333 sm N-]°II N?2p3R MiYJ13 OObII Wr7°]2 Jec...:: JH77°J •c np,n o XOn it July 11, 2023 11 CITY COUNCIL'S BRIEFINGS MICRO-TRANSIT PILOT PROGRAM UPDATE ITEM#74407 (Continued) Virginia Beach Service Statistics Month Over Month Growth(%)and Total Completed Rides 20011 250C 152x 214s 200C 15s i I133% 1M) T302 13131 6 +o0c aa 500 Ja-2022 M 2022 Sec-2322 OaL= N0v.2001 0nu2022 Jan2020 15 Mont,to Mn-1.Oroww(%) —Canpgt0C R.hs Virginia Beach Service Statistics Total number of Passengers by Day 1,626 1,700 1,720 1,690 1'753 1,154 029 July 11, 2023 12 CITY COUNCIL'S BRIEFINGS MICRO-TRANSIT PILOT PROGRAM UPDATE ITEM#74407 (Continued) Virginia Beach Service Statistics Weekday Average number of Passengers by Hour 3.16 0.76 14.021 5.03 19 • it g inia Beach Service Statistics Average Wait Times and Trip Duration 120 I IOC 3 60 y 00-._. ... F J.2102 Aup2322 B41,4322 0c1.2022 Poo.-2 Y Crab= L+2003 Merge WJII eneInnl —Avepoivave July 11, 2023 13 CITY COUNCIL'S BRIEFINGS MICRO-TRANSIT PILOT PROGRAM UPDATE ITEM#74407 (Continued) Virginia Beach Service Statistics Hourly Service Efficiency:Virginia Beach senge N of Customers P Perr V Veehicle 1.62 I! A OS I nn 601 Oa Oa A00 002 OM 11110 17.70 110 200 190 +20 500 1100 is wA MA AM AN AN AN AM MI M Ni M MA PIA PM M PM M 21 Virginia Beach Statistics • 60%of survey respondents in Virginia Beach stated that journey to work/home was their purpose for using microtransit. • The Virginia Beach zone results: • 50%of Virginia Beach passengers connected with other HRT fixed route services. • Light rail end of line was the connection of choice for passengers in the Virginia Beach zone. 22 July 11, 2023 14 CITY COUNCIL'S BRIEFINGS MICRO-TRANSIT PILOT PROGRAM UPDATE ITEM#74407 (Continued) Virginia Beach Statistics . • Popular destinations included: • Newtown Light Rail Station Such Not Lea .40/ • Waimea Shopping Center ice• • Garnett Point-apartments ( and townhomes behind / Haynes Furniture _— r • • Town Center area 1 23 Ms. Brazil turned the presentation over to Mr. Armoruso to provide Lessons Learned: Lessons Learned • Longer pilot needed to allow for ridership to mature. • Fleet size appears to have been accurate for this pilot, however,Increase the number of wheelchair accessible vehicles(WAVs)-medical facilities are a popular destination. • Microtransit fares- match fare structure to existing HRT bus fares • Zone demand-In zone destinations less than out of zone destinations • Consider modifying zone- Higher passenger productivity occurs if you match passenger destinations to travel generators • "Turnkey"service delivery method may not be the most cost- effective July 11, 2023 15 CITY COUNCIL'S BRIEFINGS MICRO-TRANSIT PILOT PROGRAM UPDATE ITEM#74407 (Continued) Here are the Next Steps: Next Steps • Prepare Request for Proposal for the new Transit Ridership Incentive Program (TRIP)award for a second pilot of 12 months duration. • With concurrence of City of Virginia Beach,anticipate first quarter 2024 commencement of service. • HRT to initiate study to determine best service delivery methodology during summer 2023 with a goal to identify financially sustainable model for Microtransit. 25 Questions? Mayor Dyer expressed his appreciation to Mr. Harrell, Mr. Amoruso and Ms. Brazil for the presentation. July 11, 2023 16 CITY COUNCIL'S BRIEFINGS NAVAL AIR STATION OCEANA UPDATE ITEM#74406 1:35 P.M. Mayor Dyer welcomed Captain Steven Djunaedi, Commanding Officer. Captain Djunaedi expressed his appreciation to City Council for their continued support and distributed copies of the presentation,attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Captain Djunaedi for the presentation. July 11, 2023 ...„ { ° . . N.�,° � _ Naval Air Station cea n a .�� i. n w�, • c w, ii oM o4 Command - Overview �.. �� ,S c F .,_/..Iiii.iaafairssat:2:_ T1--..-1.-....:71.E:77:....,.rj4_ :: _or.-•lilt.. _""`:�. • �a ;_.'fis1111. 1; - «. • a• - • -i :481 ^'_ate•_i , - 1` i� �i�rj • •'�x �> -. .. a -': . ...-• - v+ ':lZ:FLsj .!11-411100 -t - - sit""•.A .1 ` e', ' 200 ' �. t ;�, VF A-103 _ -*' . . : r ., .� „� -' A # • *11111 31 ' �. .,r iiksmarr. = r " , �, - eented toP _ , .... ■ • ■Vi inia Seach CityCounciI . . . � c,•.„, . .. '' July 11 q 2023 .� �"`x _ �R p"J4 i ` ' '"+rY .''�.�+' .'F,t•« - r+t9:J➢" ;f.. �► ,r., . -.,, „u„ �1L- . j 'i'' - . ~ ax. ,ar "'3t#''.M . ,r 'is,; x ,4,. &. ...may.• ,. '," • •s i ,�• . - �s.,1.s, r... !. `'N ac- •e`...-.i.1tY '"F,,i,»-*.i-�"' _ d CMG • 'rZ.471.,_ _ _. ,.r q�,¢ `" `Aa+6. c'� �,a�• J r,+ . ,.� �N . MarkingOur Heritage MANO ^1943 to 2023fi . " � C ...t . In I — igjp. f.:. • t, :. wa 4 ', 100 i . 444. _ . . • Ir• " t .*: inali I' 'nl'^:*--'" -- u.r .: ti. ,� �� ebb". •.�Y'' s- f t Sr'.0 • `0 c • , a ilialis\ . LT Jessie Fairley F6F Hellcat over NAAS Oceana First Commanding Officer and Princess Anne County 1943 1945 NAS Oceana 's Mission ure 41' - , .a. . I ., .1.114114110- .48. .40.3.- • ft" .liciNr: 3..ailigik 7' -.7 rfr s.41i 71". 6,4dg'...:or.40&;•*46"6 .... ,,... - '4.010 biii- , -, • _-- -'d041111*-- . - s ,;—...,:..sicrt•%-.. , , . .. - - -- _7. : :, - ..... ...4:411116.q;7: ..,,, -....;.b..., . ...woo' .41.liipar 916,401...• .... • 'T. 1- l 't .177 -- Allir- ........ ,.. - 40,4rum ; • Warfighting support to the Fleet, Fighter, and Family • Support Atlantic and Pacific Fleet strike/lighter assets • Support joint/interagency operations & training • Provide resources to train and conduct air, land and sea operations -.:„. " -L--- - --- .:,..--- . ,,. ..,..„-A,-- A' , '''' ' ' ' .'' ';,** ,' . — , 4NOWAIVO—1r''' A '' ''' -"4.4"1301.111.1110k . . 4•qier .... ...., .'' • ..se --,-,--- . '" w .ti . ,Y ,, ', ., . , ,. max . , ,,,, . . . . f .. jie$ unibers .. ... ..:-.‘„........., ,• ,.. „.. •, ♦'i1 � '� .`. 1. is `„,,f.',t;• R-Command Workforce: 23,550 • tilt } ` • Service Members: ' 13,328 6. • o •� DOD Civilians: . , 3,383 ' contractors: 6,839 • •' -�, NAS Oceana _ i. - • Dependents: 14,216.0 :1' .... . ree ,• t • ." a ik Total 37,766 •�.,., . r , c .,- a ' 4 , o F , �� • 5,331 acres *A r be ¢ � ' " ` • Dam Neck xAnnuct Economic Im act: > .$206 Billion !: Annex p irB ;¢ '. 1,919 a . es " : '' _. NALF Fentress > 1,000 facilities r . #V over the three R �' � • 1 ' ,� installations ' I ^ r 2 556 acres ' j . f: ...„),... 4 0, Air Operationsm -, , , ..,.., ,, \ G 'N .............. 7(4, ... .. AIkWING/ zy • NAS Oceana "tenants" 4 o. — 4 Carrier Air Wings (CVW) r t,, - 14 F/A-18 Super Hornet squadronsC"). VI3 <,�,,,,„G,, — F/A-18 Super Hornet training si �' 0 111) squadron .. ' ,;;.� — F/A-18 Super Hornet aggressor1. ' squadron Wire - - V i� — C-40 fleet logistics squadron4 Replacement Fleet Replacement Squadron NAS Lemoore,CA • > 200 total assigned aircraft ..-- ` c,7,' WIi'Li' s ..,. - f Adversary Logistics • NAS Oceana's airfield supports US DoD requirements 24/7/365 • 2022: 133,000+ flight operations at NAS Oceana/NALF Fentress — 84,000 control tower, radar, and en route sorties at NAS Oceana — 49,000 sorties at NALF Fentress, mostly Field Carrier Landing Practice — 600 Unmanned Aircraft System operations _ _ _ , Dam Neck ,Annex = . .• 4..,. i .• ti'`r �.„.„ •+• / , -yam f' . ..,,, dl�L _ .+a ,rIL I. r ,,,,.s' ;e :r �l ... .':t' ,ram "....4. ''e..ns T Ir. 1 , , t 4� �� ►,-- 2r Alk • }fb � j t J. 1` ,i ,,.. t .`:, I �+1 411. .....1 1 .�j . + d,...•r. '+ ? a.. ✓ '�.1 !.�... - i .:,, . �s -%� 1• 7 r .x. i l • f . • Training Center of Excellence • 20,000 students annually in over 210 courses of instruction • Synthetic Training: Carrier Strike Group and Amphibious Ready Groups • State-of-the-art intelligence training center • Home to key national defense assets 3 NASOceanaAirShow •\ : �„ °4fMA$# • The NAS Oceana Air Show is a way for the Navy to give back to the community by sharing the best naval aviation has to offer • In 2022, we welcomed a record crowd of over 300,000 • STEM Laboratory: All 5,500+ Virginia Beach 5th graders now attend the NAS Oceana Air Show each year a ( ilk,, 0 .., ; , I. ' `- • — :. . �., .. . ,, ,..-0.4-Air, .� 4 :; ► (a• Ts t 'i M"frY 1 ipr ..ems �� , Our Growing Heritage . : , 1'yMA1"0 V C'_. '--:. ,. ' \ i ) - . - _.. ._..- _ ,. _,,-_Y iiii 1, 40. . A' ...d Air .- 1 .0..:. : 41°-. ' 1. ► . r J1. f .. r 1 n) 1 � A -' -or- -- --', '---- ' -7-t n;. Four of the First i /•• Ti - - I ' - y •� ti.'r fir w �. r ��``J t-" -- _ CAPT Mariner's Memorial ,� `1 �ti f 1 _--.-__-_ E ,,, , , Flyover Team • CAPT Rosemary Mariner �►�'' A ' f -. _t„, 1 cNi: : ' L '• .1; . ti,._, ' '1,..,, :i,---, ' ,.: !,•:,,, __ taw ...1 i 2023 Super Bowl Flyover Team ....", , , .... An Enduring Partnership ,,..0., , ,,-1,, 116 j i •.1 ,ter. .11111 -12* 12* -'SI_' = r - ' � E - • • .; _� — i b .yi / 0 't3p T--- ,�va hoc... i i 00 1. ' > ��Pt ' a 0 1 \S imem-904p----4164. 4 • QuesLions • ...... ... .. .. ...... _:- -. - ... rf . . . • ......._... . ..,,. , ... .., .. _ ?,,,!:,,,„,. _,_, ....,..,. ...,..,..„--.„ ..... ._..„,..„......................... .. .... ,,..:.,, ... . .....,.. . . ,,,.. ..... ,..,. ._ .. .. . ,.. „.. „...... . ,. .. .., .,.. ..r. .. .:,......: . ::::.... • .... . ,,,,,.„. . ,_.. . ,.. . , . .. . • .: •.. -, : ., , ..... . . "4"'"'2 .•..:' . -,. .. .. .. . ,..... , . • „...„4„,.. • .... . . •. . . . .. ......, ,.. :,,,..,.. .,.. . . . . . .... , 4 ...,. • . " . t ....„..,:„. ... 17 CITY COUNCIL'S BRIEFINGS ROADWAY SAFETY UPDATE ITEM#74408 1:59 P.M. Mayor Dyer welcomed LJHansen,Director—Public Works. Mr. Hansen expressed his appreciation to City Council for their continued support: Roadway Safety Update U Hansen,Director of Public Works I July 11,2023 /pk CITY OF VIRGINIA BEACH Public —�-- Works Automobile crash fatalities increased ten (10)percent between 2020 and 2021: National Roadway Safety *Pandemic lockdowns made rush-hour speeding,risky driving the new normal Motor vahmle crash deaths and deaths per 100 000 people 1925.2021 000 25 A total or 42 939 people 04d in motor veh04 gashes 4 2021 These deaths occur,. 39 508 crashes method 01 332 motor va00e5 This wee a 10 10 000 11161.n°m 20 eauu compared v..2020 'B 000 06000 15 F f .,ugn Irg U$ptAublWn ha6 c.11tnue0lo grow pace 1925.the role of dash e deaths per 100.000 peop0 in 2021 was 39 percent lox.Than:t was tour decades 2e 000 10 NM In 2021 the overall pet septa death rate m090se4 9 percent congaed web •TaeMdnlh. 2020 ♦Naha per 100.000 people 12 000 5 0 0 t915 1980 1909 1990 1995 2000 2005 2010 2015 2020 •-Source:News Article for Insurance Institute for Highway Safety—June 21,2022 2 July 11, 2023 18 CITY COUNCIL'S BRIEFINGS ROADWAY SAFETY UPDATE ITEM#74408 (Continued) The next two (2) slides provide State Roadway Safety- Overall statistics between 2012-2022: State Roadway Safety - Overall Crashes,Injuries and Fatalities in Virginia,2012- Crashes,Injuries and Fatalities in Virginia-Ratio 2022 per million miles,2012-2022 m aa,.z soo 0.01. 120.000 ..... 14000 00120 ,9°0,000 % 00,00 > rac e i °c szaoo 50,000 IE ----- ao,000 0 052 0.0000 20,000 2 00 0.zaoo 0.0020 0 0 a.om0 00000 M1 ' s h o ,a —Crashes ----Injuries ----Fatalities —Crashes -•Injuries •- Fatalities a-Source:Commonwealth of Virginia,Virginia Traffic Crash Facts—2016-2022;Virginia Department of Motor Vehicles 3 State Roadway Safety — Speed Related Speed-Related Crashes,Injuries and Fatalities in Speed-Related Crashes,Injuries and Fatalities In 30,000 Virginia,2012-2022 03500 Virginia-Ratio per million miles,2012-2022 0.0053 450 25,000 03000 a° 3s0 0.2s50 ... .. g mE a0o Tu.z � orow ssom -��-- C2. .oss0o wow ,sOY o.woo 5.000 00 00500 oaolo 50 0 0 0.0000 0.00 0 b " A N 6 ti —Crashes ---Injuries --Fatalities —Crashes ---Injuries --•Fatalities •-Source:Commonwealth of Virginia,Virginia Traffic Crash Facts-2016-2022;Virginia Department of Motor Vehicles a July 11, 2023 19 CITY COUNCIL'S BRIEFINGS ROADWAY SAFETY UPDATE ITEM#74408 (Continued) The next two (2)slides provide Regional statistics between 2012—2021: Regional Roadway Safety The number of motorvehide crashes in Hampton Roads decreased during the COVID.19 pandemic.However,the number of fatalities suffered in the region continued to increase during the pandemic.and rose even more CRASHES,INJURIES,AND FATAUTIES significantly in 2021. M HAMPTON ROADS,2012-2021 30,000- -200 1 NOTABLE ROADWAY SAFETY NUMBERS 35,000 / . 00 160 The increase In the onnwl number of coshes In ;,20,000, -Ip I Hampton Roods between 2012 and 2021. -to.i IS,000. _100 it = • The increase hr the annual number of Yriutles In 10.000 1O� Hampton Roods between 201 2 and 2021. S *.en ra.e. .60 5.000 .6sr Nae1w Minors t •90 The Increase in the annual number of fatalities In MM im/N 0 t 1 t 1 r t 1 s •.0 Hampton Roads between 2012 and 2021. 3012 2013 2014 2015 2016 2017 X210 2010 2020 2021 .-Source:The State of Transportation in Hampton Roads-2022;HRPDC 5 _. Regional Bike & Pedestrian CRASHES INVOLVING PEDESTRIANS OR MC1rCLISTS PEDESTRLWRICYCUST FATALITIES IN HAMPTON ROADS, IN HAMPTON ROADS,2012-2021 2012-2021 000 --- -. 45 -DIY guar 60 061i .e 000- 0r etl..awa- /teenrsrrweMsY �0 3s• 600 gbdsooIiI:I:jjjl:I:I 2s WP ,1 g 20 300 IllII IS _ , .. 0 0. 2013 2013 2014 2012 2014 3017 2010 2019 2020 1021 3013 3013 2014 2015 2016 3017 3016 3010 2020 2021 -Source:The State of Transportation in Hampton Roads-2022;HRPDC July 11, 2023 20 CITY COUNCIL'S BRIEFINGS ROADWAY SAFETY UPDATE ITEM#74408 (Continued) The next two (2)slides provide City statistics between 2012-2022: Virginia Beach Crashes,Injuries and Fatalities in Virginia Beach, Speed-Related Crashes,Injuries and Fatalities in 2012-2022 Virginia Beach,2012-2022 20 6000 30 e00 11 n C a0oo m 100 E .1300 / to 6 3000 000 1000 0 0 ti ti ti n ti 1♦y ti♦b P.:‘ ti~ 1 ti 'P ti 'P♦ tit' 1 —Crashes Injuries ~oFatalities —Crashes no. Injuries ♦o♦FatalitiesM1o♦ ♦ '-Source:Commonwealth of Virginia,Virginia Traffic Crash Facts—2012-2022;Virginia Department of Motor Vehicles 111111111.111111111.11111111111.11111111111111 Virginia Beach — Pedestrian Fatalities Pedestrian Fatalities in Virginia Beach,2013-2022 7000 0000 -3000 1000 0 o e a ti -Crashes -Pedestrian Fatalities B r July 11, 2023 21 CITY COUNCIL'S BRIEFINGS ROADWAY SAFETY UPDATE ITEM#74408 (Continued) Here are Factors Affecting Trends: Factors Affecting Trends •Speed • Distracted Driving •Aggressive Driving • Impairments •Vehicle Size and Improvements Challenges • Enforcement • Recommendations that would appear to work but yield negative consequences •Traffic Signals • Reduce the speed JB July 11, 2023 22 CITY COUNCIL'S BRIEFINGS ROADWAY SAFETY UPDATE ITEM#74408 (Continued) Here are Recent Challenges to Enforcement: Recent Challenges to Enforcement • Enforcement against pedestrians is difficult: No law-enforcement officer shall stop a pedestrian for a violation of this section. Virginia State Code§46.2-923;How and where pedestrians to cross highways •Vacancies and other draws on limited police resources • Lack of support in legal challenges Here are Traffic Signals—Pros and Cons: Traffic Signals — Pros and Cons •Great tool to manage traffic flows— Terrible tool for reducing speed • Increased rear-end accidents • Yellow light "gunning-it" •Aggressive/Impatient Driving July 11, 2023 23 CITY COUNCIL'S BRIEFINGS ROADWAY SAFETY UPDATE ITEM#74408 (Continued) Traffic Signals — By the numbers Red light runners cause hundreds of deaths and tens of thousands of injuries each year • Nationwide in 2021, 1,109 people were killed in crashes that involved red light running. Half of those killed were pedestrians, bicyclists and people in other vehicles who were hit by the red- light runners • Nationwide in 2021, an estimated 127,000 people were injured in red light running crashes Lowering the Speed Limit to Control Speed •Conventional thinking does not prevail — lowering the speed limit does not slow down the vast number of drivers • It does create a "speed differential" that is more dangerous "Federal and state studies have consistently shown that the drivers most likely to get into accidents in traffic are those traveling significantly below the average speed" "Unrealistic speed limits create two groups of drivers. Those that try to obey the limit and those that drive at a speed they feel is safe and reasonable. This causes dangerous differences in speed" July 11, 2023 24 CITY COUNCIL'S BRIEFINGS ROADWAY SAFETY UPDATE ITEM#74408 (Continued) Here are possible improvements to reduce speeding: What may work better • Education • Comprehensive Safety Action Plan •Traffic Safety Improvements • Crosswalks • Improved visibility • Speed Cameras • Neighborhood Traffic Calming ve Here is the purpose of a Comprehensive Safety Action Plan: Comprehensive Safety Action Plan • Staff are engaged in developing the plan—required for certain State and Federal Grant opportunities • Analysis of existing conditions and historical trends of crashes involving fatalities and serious injuries across the locality • Analysis of the location where there are crashes,the severity,as well as contributing factors and crash types • Analysis of systemic and specific safety needs is also performed, as needed • Will need to be adopted by City Council& updated every five years July 11, 2023 25 CITY COUNCIL'S BRIEFINGS ROADWAY SAFETY UPDATE ITEM#74408 (Continued) The Traffic Safety Improvements IV(TSI) CIP has approximately$18.3-Million in programmed costs for FY224-29.• Traffic Safety Improvements IV (TSI) - CIP •Approx $18.3M in programmed costs for the FY24-29 CIP • Used to make smaller scale safety improvements like crosswalks and ped signals and to match funds for larger grant-funded safety projects •With increases in demand for these projects and escalation, there will likely be requests for additional funding Speed Cameras •Cameras are currently used in Virginia Beach to enforce certain Traffic Signals/Right Turns and on School Buses •A state or local law-enforcement agency may place and operate a photo speed monitoring device in school crossing zones for the purposes of recording violations of§46.2-873 and in highway work zones for the purposes of recording violations of§g46.2- 878.1 •The code section is lengthy and still requires an officer to review July 11, 2023 26 CITY COUNCIL'S BRIEFINGS ROADWAY SAFETY UPDATE ITEM#74408 (Continued) IIMIIIIIIIINIMIIIIIIIIIIIr ,, SCHOOL ZONE NOTICE EJ E!I SPEED PHOTO ��- ENFO RCED i ' SPEED f}' WORK ZONE J ' HOTO ENFORCED 1 . t8:LO - 9:25AM ill 3:20 -4:20 PM Ilift k. .., :9 Here are items for Consideration: For Consideration... • Would City Council support staff exploring the use of Speed Photo Enforcement in the areas where it is currently permissible (school crossing zones and work zones)? •To do additional areas would require a change to State Code—opportunities might exist here if the code was changed • City staff will be back to discuss the Comprehensive Safety Action Plan, as it develops further and for adoption by City Council VB July 11, 2023 27 CITY COUNCIL'S BRIEFINGS ROADWAY SAFETY UPDATE ITEM#74408 (Continued) Up next... Residential Traffic Calming Program Questions ? Mayor Dyer expressed his appreciation to Mr. Hansen for the presentation. July 11, 2023 28 CITY COUNCIL'S BRIEFINGS NEIGHBORHOOD TRAFFIC CALMING PROGRAM ITEM#74409 2:32 P.M. Mayor Dyer welcomed Richard Lowman, Traffic Engineer— Public Works. Mr. Lowman expressed his appreciation to City Council for their continued support: VIRGINIA BEACH POLICY FOR NEIGHBORHOOD TRAFFIC CALMING Ric Lowman,City Traffic Engineer 1 July 11,2023 IB Public Norks Presentation Outline • History of the Traffic Calming Program ■ Traffic Calming Program ■ Status of Streets in the Traffic Calming Program ■ Examples of Physical Devices Results July 11, 2023 29 CITY CO UNCIL'S BRIEFINGS NEIGHBORHOOD TRAFFIC CALMING PROGRAM ITEM#74409 (Continued) The next two (2)slides provide the History of the Traffic Calming Program: o History of the Traffic Calming Program wo,.s 1998 First streets were studied for speed for a traffic calming program&Police selective enforcement 2001 Virginia Beach develops Residential Traffic Calming Program Guidelines based on VDOT guide. 2004 Virginia Beach passes ordinance to allow$200 Higher fine for neighborhood traffic calming. 2016 Traffic Calming Program revamped to encourage streets to get to Phase IV—Physical Devices History of the Traffic Calming Program wogs 2017 "Demonstration streets"for Phase IV speed tables approved for Lord Dunmore Dr,Sullivan Blvd,Lavender Ln,& Croatan Rd. -No petition -Croatan Rd never installed at that time -One table on Sullivan removed after installation 2019 First speed tables installed by petition on Indian Hill Rd& Lake James Dr. 2020 Virginia Beach"Policy Governing Traffic Calming Program" formally approved. 2021 First non-speed table Phase IV implementation on Mediterranean Ave with bulb-out&chicanes July 11, 2023 30 CITY COUNCIL'S BRIEFINGS NEIGHBORHOOD TRAFFIC CALMING PROGRAM ITEM#74409 (Continued) The next few slides provide Traffic Calming Policy and Program details: Traffic Calming Policy NbrFs ru.ytw,w...p.6 Cssy ..a.in..W y n7wrn+I.Tr.Tw..... • r.w..r...�r..y..'w..w e.aw. no •w.....e.e.�*..r ' •i..w W+..wws...'.a`au coy rera..u.e..u..rn • • ��r•+..�.'w'.....ti....w.rr.war ww..wr�rwyyr .......ur wwr.w.N...°.row.µ •6...Mid...r•++.r.. w..gwc Yb.,6 .....waw.w.l...w.w a Traffic Calming Brochure .'xs• ."-.w.wvw.w.. Traffic cr.x.R P..... • • July 11, 2023 31 CITY COUNCIL'S BRIEFINGS NEIGHBORHOOD TRAFFIC CALMING PROGRAM ITEM#74409 (Continued) o` Traffic Calming Program Objectives: • Reduce speeds on residential streets • Minimize non-neighborhood traffic • Improve neighborhood quality of life The next two (2)slides provide a summary of Traffic Calming Criteria: PuOit Traffic Calming Criteria Wor�s The street must: •Have a posted speed limit of 25 mph, •Predominantly residential, with residences facing the street, •Have at least 12 dwellings fronting street per 1,000 feet of roadway, •Have an Average Daily Traffic of at least 600 vpd but no more than 5,000 July 11, 2023 32 CITY COUNCIL'S BRIEFINGS NEIGHBORHOOD TRAFFIC CALMING PROGRAM ITEM#74409 (Continued) Pubic Traffic Calming Criteria —Cont'd Wwis •Have one of the following two speed criteria: •An 85th ercentile speed of at least 33 mph the 85th percentile speed is the spee at which 85% of the motorists are traveling at or below), OR .An average speed of at least 29 mph. *Only one street per neighborhood Here are the Traffic Calming Program Phases: Vori PiAfcs Traffic Calming Program Phases PHASE I -Community Contact and Education PHASE II -Selective Police Enforcement PHASE III—Additional$200 Fine(by petition) PHASE IV- Physical Devices(by petition) A street must progress through each phase to be considered for the next phase July 11, 2023 33 CITY COUNCIL'S BRIEFINGS NEIGHBORHOOD TRAFFIC CALMING PROGRAM ITEM#74409 (Continued) Here is Phase I, Community Contact&Education: P.bic Community Contact & Education woris •Civic organization makes a traffic calming request to Traffic Engineering • Or five property owners if no organized civic league or HOA •The city performs a speed study with tubes to identify 85th percentile speed,average speed,&periods of highest speeding •Qualifies/disqualifies neighborhood for TCP: • Qualifies moves to Phase II • Disqualifies,then neighborhood may contact the Police directly OPTION:Speed trailer set up to help educate motorist Lq o'Yapw tr.Cl EXAMPLE ✓uN0 Wool l,c Irmr.p PINE VIEW AVENUE ; aNEM AVE i s.°.ilo lx•ME MEW Cl Northbound i 0. 6 6082206 bit Sandy Woods Ln&Pine View a r..nni w 44 4.Wi .I6.20 A•a •30 x .x ro •w-.s .b.20 •60.x •N 40 .0.43 •3•M imnr IS611. M. M. MGM M. 1.1. Nw E•n Min M. .M I1. rr+ IMAM o Imrl orn ICO 0 iao 0 sob 00 a i 06 n o 0 S 01vm rc n x I • Ii II 0 1 M M81 00 A N48 ]W lI N 85 .160 600 60 M N ] Il 6 M 90D 6 T� it I III ; N... 6.8.l SS n n S5th percentile speed =30 mph o«� nuvn sr• Average speed =25.7 mph 30 mph<33 mph—does not qualify for Traffic Calming Program 12 July 11, 2023 34 CITY COUNCIL'S BRIEFINGS NEIGHBORHOOD TRAFFIC CALMING PROGRAM ITEM#74409 (Continued) NbIK Speed Trailer WO,k5 Speed Trailer can be utilized even of a street _ does not qualify for TCP R SPEED*" to bring driver awareness _— - Ioer to their speed. 111114 OP Put in place for 2-weeks: - one week in each PUBIK P NORKS 1 . direction , 1PA` GIMEEMNG' 3854131 A Speed Trailer can also *or- be requested from Police `r Here is Phase II—Selective Police Enforcement: o' Phase II — Selective Police Enforcement wars If the street qualifies for selective enforcement: • Approximately 4 targeted enforcements per month • Spring and Fall enforcement schedules • If after one-year of continued non-compliance with selective Police enforcement, neighborhood may request to go to Phase Ill —Additional $200 Fine July 11, 2023 35 CITY COUNCIL'S BRIEFINGS NEIGHBORHOOD TRAFFIC CALMING PROGRAM ITEM#74409 (Continued) Here is Phase III-$200 Fine(by petition): yPhase III — $200 Fine (by petition) If continued non-compliance, increased fine implementation: • Requires a petition signed by 75% of affected street property owners • Approved by City Council to be added to the ordinance • Police can write tickets with the increased fine The next few slides provide Phase IV—Physical Devices and Traffic Controls (by petition): Phase IV— Physical Devices and Traffic ,,V°-s Controls (by petition) If non-compliance continues, physical devices may be installed: • Requires a petition signed by 75%of affected street property owners. • Traffic Engineering works with the neighborhood to develop a traffic calming plan that is suitable for the neighborhood as well as the constraints of the street. • The primary physical device is the speed table, but mini- roundabouts,chicanes and111 _ diverters are also options. , r July 11, 2023 36 CITY COUNCIL'S BRIEFINGS NEIGHBORHOOD TRAFFIC CALMING PROGRAM ITEM#74409 (Continued) Phase IV— Physical Devices and Traffic '"°"' Controls (by petition) Petition Process: • Requires signature by property owners(not renters). • 75%required is more than a simple majority. Provides a level of confidence that an overwhelming majority want traffic calming. • All signatures do not need to be on one form. • Civic associations may email the petition form to property owners and they may sign and scan back to the coordinator. • If there is difficulty locating a property owner who is not a resident of an address,Traffic Engineering will provide contact information. P Phase IV— Physical Devices and Traffic "'°"' Controls (by petition) Petition Process(Cont'd!: • The final petition forms can scanned and be submitted by email. • Petitions are to be submitted with a statement from the submitter that to the best of their knowledge the signatures are true and valid. • The petition signatures are subject to verification. Any changes in property ownership up until the time the petition gets final approval at 75%are subject to rejection even if they were the property owner at the time they signed. • Online petition platforms can not be used because they are not legally binding and difficulties with verifying signees. July 11, 2023 37 CITY COUNCIL'S BRIEFINGS NEIGHBORHOOD TRAFFIC CALMING PROGRAM ITEM#74409 (Continued) The next several slides provide the Status of Streets in the Traffic Calming Program: TRAFFIC CALMING PROGRAM STATUS OF STREETS IN THE TRAFFIC CALMING PROGRAM 19 jrPHASE I - Being Studied Neighborhoods that previously were in Phase II,but not receiving Police enforcement due to current 85%percentile<32 mph STREET SECTION AREA Volume(vpd) 55th 9b-Ne(mph) Albright Dr Brigadoon 3,604 31.5 Avalon Ave Avalon menace 2,279 31.5 Edwin Drive Indep•PA Rd Larkspur 4,222 31.0 Mliber St Plaza 1,792 29.5 Monet Dr Landatown lakes 3,111 31.0 Red M81 Blvd Red MR Farms 3,899 29.5 Sunnyslde Drive College Park 2,716 31.0 Woodstock Rd Woodstock 1,379 31.0 Still being studied,but after 3 years of<32 mph,will be dropped from Traffic Calming Program 20 July 11, 2023 38 CITY COUNCIL'S BRIEFINGS NEIGHBORHOOD TRAFFIC CALMING PROGRAM ITEM#74409 (Continued) PHASE II - Selective Police Enforcement Neighborhoods that received Police Enforcement Spring 2023 but have not advanced to Phase III: STREET SECTION AREA Volume(vpd) 85th 96-Iles(mph) Aragon Blvd Broad-WRthdudk Aragon 3,604 31.5 Bay Colony Drive Crystal Lk-Bay Shore Bay Colony 939 33.5 Beaufah Blvd Charlestown 3,778 35.0 Bow Creek Blvd PA Plaza 4,626 34.0 Culver Ln/Townlield In Welsford-Nimmo Ocean lakes 1,982 32.0 Edinburgh Dr Lynn Shores-Catalina Birchwood Gardens 2,261 32.5 Edwin Drive PA Rd&Providence Larl¢gr 4,302 32.0 Elson Green Ave Upton-Sandbndge Red MN/South Woods 2,027 32.0 S Woodhouse Rd Alanton 3,079 33.5 Sullivan Blvd Aragon Blvd-WOtlWurk Aragon Waage 1,904 33.5 Susquehanna Dr Arrowhead 1,799 32.5 WhOtlaast Landing Rd Kernpsvile 2,679 35.0 21 16 PHASE III - Additional $200 Fine Neighborhoods that received Police Enforcement Spring 2023 AND are in Phase III—Higher Fines: STREET SECTION AREA Volume(vpd) 85th 9611.(mph) Broad Bay Road* Bay Island 3,400 34.0 Cardinal Road Bkdnedr Point 1,527 32.0 Cullen Road Shell-Lakeside Lakeview Park 803 33.0 Greernvel Road Shore-First Ct Sayville Park 1,639 33.5 lack Frost Road Lake Shores 1,472 32.0 Kings Grant Rd Edinburgh-Little Neck tangs Grant 5,199 33.5 Homestead Drive' Belamy Manor 1,155 32.5 Orford Drive(SO Only) Kings Grant 2,571 32.0 *Streets already progressing to Phase IV(petition submitted) but Phase IV not in place yet. 22 July 11, 2023 39 CITY COUNCIL'S BRIEFINGS NEIGHBORHOOD TRAFFIC CALMING PROGRAM ITEM#74409 (Continued) j6PHASE IV - Physical Devices Neighborhoods that have received Phase IV-Physical Devices: 85th Y.N. STREET SECTION AREA Volum*(vpd) (mph) Dark. Croamn Roads Croatan 2,584 32.0. weed dales InOan Hill Road Baylake Pi. 1,302 25.5 speed tides lake James Drive Lake James 1,233 27.5 speed dales Langston Rd 80080 a 1,070 28.5 speed dales Lord Dunmore Dr Providence-PA Rd Fairfield 3,755 29.0 speed bbles Medteranean Ave Norfolk Ave•588 Beatl 3,450 26.0 mione 085nv4 Stratford Chase Drive Stratford Chase 2,145 28.0 speed dales Sullivan Blvd Newtown-Aragon Blvd Aragon Village 4,090 32.0 v ane0606aul *Speed tables just completed by lune 12. Speed data is BEFORE speed table installation. 23 16 TRAFFIC CALMING PROGRAM EXAMPLES OF PHYSICAL DEVICES (PHASE IV) RESULTS 29 July 11, 2023 40 CITY COUNCIL'S BRIEFINGS NEIGHBORHOOD TRAFFIC CALMING PROGRAM ITEM#74409 (Continued) LORD DUNMORE DRIVE Traffic Volumes&Speed b/t Pleasant Hall&Locke Lane Volumes Volume Chang* Date (vpd) from Jun-17 5.581 J „ 85"'Percentile Speeds 8120 Speed tables installed 812017 Sep-17 5621 260 Date 85th(mph) C� Dec-17 5,556 325 Jun-17 29.5 8n017 Mar-18 5,372 -609 Speed tables Installed 8/2017 Sep-18 5.185 496 Sep-17 28.8 3 Dec-18 5.004 477 Dec-17 27.0 3 Mar-19 4.936 -945 Mar-18 28.0 •2 COVID ` Sep-21 3.633 / 48/ Sep-18 27.3 -2 Mar-23 3,755 `-2,128 Dec-18 26.8 3 Mar-19 28.0 -2 Sustained drop in traffic volumes t COVID Sep-21 28.0 -2 Mar•23 28.5 -1 15 LORD DUNMORE DRIVE Traffic Volumes b/t Pleasant Hall&Locke Lane 1,003 • � u E�4 July 11, 2023 41 CITY COUNCIL'S BRIEFINGS NEIGHBORHOOD TRAFFIC CALMING PROGRAM ITEM#74409 (Continued) INDIAN HILL ROAD Speed Tables&Soft Treatment -4.40/ 4 Indian Hill Reed Speed Table Results Overall Average ISth Percentile (Average of 4 locations b/t Shore Dr&lookout Rd) 295 Mn 29.0 290 4.5 mph II/1"" nsntduc9arr 210 m.s 8 L 26 0 25.5 l�lo 25 0 l/ MEDITERRANEAN AVENUE Between Norfolk Ave&VA Beach Blvd !Final lnst.u,tion Dec xx,2020 1 Bulb-out&Chicane _. AFTER el•3 months agar installation I Treatments months - -� March l6-March 18.2021 ART 2,880 vpl dare. - HMIS DIRDADIEED 01.11kt MIA WAS bit 12ih 8131h Ste 1210 MCBterranean Ave 25 26 25.5 440 b/t ISth8 lath Ms 1316 Mediterranean Ave 26 26 260 0/t 15th816th 515 1501 Mediterranean Ave 30 29 29.5 alpahon9 aa2 3 before locations 12,I Between 12th&14th Sts: t2.e.arl lre,rea»_ Average of 5.75 moh speed reduction AFTER P2.9 months atter installation I sew 21-Sept 30,2021 ART 1.0663pd r -. week 2_T9-TI Sea*28432 5eeee !v.34954 su 99J1N SLIM AaaISN b/t 12113813th sts 1210 Mediterranean Ave 25 26 25.5 4.. b/t 11018 l4M Us 1316 hkdterranean Ave 25 26 25.5 -5.5 b/t 151h 8 1601 Ste 1501 Medltettaneen Ave 30 30 30.0 1.5 Marabous 37.E 3 before locations me 28 Overall Decreau_ July 11, 2023 42 CITY COUNCIL'S BRIEFINGS NEIGHBORHOOD TRAFFIC CALMING PROGRAM ITEM#74409 (Continued) SULLIVAN BOULEVARD Newtown Road to Aragona Blvd Bulb-out&Chicane Treatments Sunken Blvd Muffle Calming Results • e Overall Average 55th Percentile (Average ore locations NI Aragena PI .. ii Bn) , San >u aon19 E. Before Ave:355 Mev31 35.0 _ 35.0 mph ISA 35.0 • .. 199P. 345 34.5 F fi 34A — 31 mph 335 a reduction• 33.0 j 325 h0,y Aex Ave: - 33A no 31amph • "' 335 Aue]3 1p 31.0 Mevl6 5.P11 - - — wn.Vi M.31 Mr a3 1... *Speeds taken mid-point between ' a devices(max speed point).Speeds -at at actual devices are much lower. • QUESTIONS ? Mayor Dyer expressed his appreciation to Mr.Lowman for the presentation. July 11, 2023 43 CITY MANAGER'S BRIEFING VOTER REGISTRAR& ELECTION SPACE ITEM#74410 3:10 P.M. Mayor Dyer welcomed Monica Croskey Chaparro,Assistant City Manager and Kevin Chatellier, Director — Budget & Management Services. Ms. Chaparro expressed her appreciation to City Council for their continued support: Voter Registration & Elections Space Update July 11,2023 City Manager Here are the options for City Council's consideration: The Ask: Seeking City Council's guidance on which option(s) it would like staff to pursue. A Lease Option(-50,000 sqft) B Lease Option(-30,000 sqft) C Buy/Build Option(-50,000 sqft) D On Campus Move(-20,000-30,000 sq ft) E On Campus Building 14 Build Out F No Change July 11, 2023 44 CITY MANAGER'S BRIEFING VOTER REGISTRAR&ELECTION SPACE ITEM#74410 (Continued) The next several slides provide an overview of Current Spaces: Current Spaces City staff from Public Works, Information Technology, the Office of Emergency Management and the City Manager's Office have worked with the Voter Registrar and Clerk of Court to ensure that the various sites can serve as safe sites for their operations. However, the ability to accommodate their space needs is becoming increasingly more difficult. Changes in state laws have significantly impacted the Voter Registrar's operations and the duration of its pre- and post- election activities. Current Spaces Y Building 14 r • The Voter Registrar's staff are located at Building 14.As well as some of the Agriculture Department's staff. • It also serves as an early voting site.Recent changes in state law extended early voting from 7 days to 45 days prior to an election. s" mr, • November 2022 election more than 19,000 people participated in early voting at Building 14.The average number of daily voters serviced was 530. • — • Building 14 early voting accommodations consists of . r j using the lobby to set up seven(7)voting booths and I, accommodating eight(8)people waiting in the hallway. July 11, 2023 45 CITY MANAGER'S BRIEFING VOTER REGISTRAR& ELECTION SPACE ITEM#74410 (Continued) Current Spaces Building 14 • Electoral Board's public meetings held upstairs in 11 Agriculture Department's space. • During presidential election years,this space is used 41 .111 lP. for the call center. Current Spaces Building 23 • On July 1,2020 no excuse required absentee voting went into effect. • Mail-in voting is becoming increasingly popular. • Building 23,which is a former school,is used to process mail- Absentee Ballots Mailed/Beaded in ballots.This process begins approximately 40 days prior to an election and concludes approximately seven(7)days after '' an election.More than 20,000 mail-in ballots were processed in the November 2022 election. • A space was recently outfitted with security cameras and 32492 other security enhancements to create a secured vault for the '" 2"}5 returned ballots. July 11, 2023 46 CITY MANAGER'S BRIEFING VOTER REGISTRAR& ELECTION SPACE ITEM#74410 (Continued) Current Spaces Building 19 • Large meeting space used for the return of supplies on election night and then for the canvassing of the election. • On the night of an election,all precincts return their materials to this location(for citywide elections that is 108 precincts).For the next 7 days,the Electoral Board conducts the canvass and certification process. • The ballots remain there until after certification and until the I. Clerk of Court takes custody. { • A small conference room within the space was recently outfitted with security cameras and other security enhancements to create `a secured temporary vault for the returned ballots. • Other departments are not able to use the space while It is under the custody of the Voter Registrar or Clerk of Court. Current Spaces Convention Center The Convention Center has been "7 � accommodating the Voter Registrar's requests for space to conduct poll worker trainings. For the November 2022 election,13 three- - :i• �� r ' hour long trainings were conducted across five days. /410010.1111. ' k AM1 July 11, 2023 47 CITY MANAGER'S BRIEFING VOTER REGISTRAR& ELECTION SPACE ITEM#74410 (Continued) Current Spaces Central Drive 10,000 square feet warehouse where election equipment is stored. The City Auditor's Office found the Office of Voter Registration and Elections has inadequate space during their review in March: Review by City Auditor's Office March 8,2023:the City of Virginia Beach Internal Auditor's Office released the findings and recommendations from its Review of Changes to Virginia Beach District Voting: "The office size of the Office of Voter Registration and Elections is inadequate for efficient operations. The Voter Registration and Elections Office has experienced difficulties that could have been avoided if it had one large office.Currently,its staff is dispersed,working in four different buildings.Training for election officials needed to be conducted offsite at the Convention Center over multiple days, adding more work and logistical inefficiencies. The inadequate office size was clearly manifested when significant delays were encountered during the submission of ballots. All the election officials reported to a conference space in Building 19 to turn in their materials, which was overwhelming for this location. Election officials had to wait longer to ensure that the ballots from their respective polling location were properly accounted for because the space limited how many Office of Voter Registration and Elections staff were positioned to help with the turn-in process" July 11, 2023 48 CITY MANAGER'S BRIEFING VOTER REGISTRAR& ELECTION SPACE ITEM#74410 (Continued) Here is the City's Elections Profile: Virginia Beach Elections Profile #Precincts #Registered Space Profile Voters Virginia Beach 108 327,658 Multiple sites Norfolk 48 137,678 Multiple sites Chesapeake 64 175,635 Consolidated Loudoun County 107 290,134 Consolidated Richmond 72 157,699 Consolidated Exploring Needs and Options • Worked with stakeholders and consultant to document and discuss space needs • In January, released a Request for Information (RFI)to test local real estate market; received four RFI responses in February • High-level consideration of on-campus options • Stakeholders' desired variables: • Close to municipal complex • Near bus lines • As much of consolidated space as possible July 11, 2023 49 CITY MANAGER'S BRIEFING VOTER REGISTRAR & ELECTION SPACE ITEM#74410 (Continued) Potential Options for Council's Consideration A Lease Option(-50,000 sq ft) B Lease Option("30,000 sq ft) C Buy/Build Option(-50,000 sq ft) D On Campus Move(^20,000-30,000 sq ft) E Renovate-Build Out Building 14 F No Change Here are the Lease Options: Lease Off-Campus Space RFI Responses-Lease Options S.Independence Diamond Laskin Rd. Hudome Way Blvd. S.ri Rd. Bldg.size 59,643 SF 53,321 SF 57,200 SF 50,000 SF Bus line Y Y Y Y Conditioned Y Y Y Y Warehouse Open Unknown Unknown TBD Ceiling Loading docks 2 1 2 TBD Parking 300 spaces 150+spaces 150+spaces TBD Queuing TBD Y Y TBD July 11, 2023 50 CITY MANAGER'S BRIEFING VOTER REGISTRAR& ELECTION SPACE ITEM#74410 (Continued) On-Ca notts A4limiMry Options: 77 • Renovate BullSmg 14 and build addition t • Requires relocation of Agriculture ._ .S PIP • Renovate Buildings 29and 29.Add new on-site Storage — Building -- ..,J: • Requires moving current tenants into swing space:City Attorney/Real Estate Division,Human Services,Survey • Renovate or build new buildingls)on Municipal Center . CJ,Mpu. f• •.. e • • ,,.,_..,. ,.._ . , ,,,..:,„ _ .1 ,i,_ , _.,, . , e '. 9,r r ' "9 �a ivali I% Ms. Chaparro turned the presentation over to Mr. Chatellier to provide Cost Estimates for Options— Variables: Cost Estimates for Options- Variables • Lease Space: • $15 per sgftlease • Escalate 3%per year • Construction/Buildout: • Storage Space- $20 per sq ft • Renovation- $210 per sq ft • New Construction with Demo- $340 per sq ft • Site Acquisition: • $50 per sgft • Operating Budget Impact • Custodial and Utilities$6.25 per sq ft • Escalate 3%per year • Debt • Construction/Buildout cost assumed to be debt financed • Debt Service interest rate 4.5% 1111111111111111.111.111111111111111 July 11, 2023 51 CITY MANAGER'S BRIEFING VOTER REGISTRAR& ELECTION SPACE ITEM#74410 (Continued) The Ask: Seeking Council's guidance on which option(s) it would like staff to pursue. A Lease Option(-50,000 sq ft) B Lease Option(-30,000 sq ft) C Buy/Build Option(-50,000 sq ft) D On Campus Move(-20,000-30,000 sq ft) E Renovate-Build Out Building 14 F No Change Scenario Summary Table Options Year Years Year10 Year15 Year20 Year25 Year30 A lease Option(-50,000 sq ft) 1,612,000 8,154,602 16,549,659 25,280,560 34464,406 42,621,698 51,924,437 B lease Option('"30,000 sq ft) 1,274,000 6,380,861 12,770,996 19,225,386 25,814,294 31,094,919 37,062,812 C Buy/Build Option('-50,000 sq ft) 1,292,000 7,119,906 14,321,855 21,047,560 27,343,011 30,167,526 33,441,913 D On Campus Move(-20,000-30,000 sq ft) 636,500 3,816,180 7,591,457 11,168,311 14,575,163 16,320,713 18,344,284 E Renovate-Build Out Building 14 834,100 4,391,313 8,467,936 12,145,857 15,440,237 16,371,197 17,450,435 F No Change - - - - - - - 1.11..111111=1.11111111111 — Mayor Dyer expressed his appreciation to Ms. Chaparro and Mr. Chatellier for the presentation. July 11, 2023 52 CITY COUNCIL LIAISON REPORTS ITEM#74411 3:48 P.M. Mayor Dyer advised for the past few days members of the Sister City Association of Virginia Beach (SCAVB)have hosted the Miyazaki City delegation's as they visit this week to celebrate the thirty(30)year anniversary of the Sister City relationship. Mayor Dyer expressed his appreciation to Council Members Berlucchi and Rouse for supporting the Tree Planting Ceremony earlier today. July 11, 2023 53 CITY COUNCIL LIAISON REPORTS ITEM#74412 (Continued) Council Member Schulman advised he and Mayor Dyer attended the Citizens Advisory Committee picnic at the Third Police Precinct and expressed his appreciation to all who participated for a great event. Council Member Schulman advised it was great to see so many police and animal control officers with their families and knows they all appreciate the Body's support. Mayor Dyer advised it appeared morale is high as many officers expressed how much they appreciate the salary adjustment and technology upgrades. July 11, 2023 54 CITY COUNCIL LIAISON REPORTS ITEM#74413 (Continued) Council Member Ross-Hammond advised on July 7th, she attended Town Center's Walmart reopening ceremony. Council Member Ross-Hammond advised the Walmart first opened in 2014 and just renovated their store and held a wondeiful ceremony with a stage, music and over one hundred people in attendance. Council Member Ross-Hammond advised the store has been successful since its beginnings and as part of the ceremony gave three (3) $1,000 donations to the special Olympics, One Life and the African American Business Network. July 11, 2023 55 CITY COUNCIL LIAISON REPORTS ITEM#74414 (Continued) Council Member Ross-Hammond advised she will hold a District 4 Town Hall Meeting at the Renaissance Academy on July 12t1i to provide information pertaining to District 4. July 11, 2023 56 CITY COUNCIL LIAISON REPORTS ITEM#74415 (Continued) Council Member Henley advised engineers from Public Works will provide a presentation on the Marsh Restoration project on July 13`1,from 6:00 to 8:00 P.M, at the Senior Resource Center. Council Member Henley advised in 2019, when the Dewberry Study was completed, she requested the Body allow additional time to study the Back Bay flooding issue. Council Member Henley advised focus group meetings were held and those results were given to the Dewberry researchers who looked at four(4)proposed solutions which could be completed within a five(5) to seven (7)year time period. Council Member Henley advised the best solution was determined to be restoring the Marsh Terraces, which was then included in the Bond Referendum. Council Member Henley expressed how impressive it has been to see so much progress take place in a short amount of time and expressed her sincere appreciation to the staff who have worked so hard to bring this forward. July 11, 2023 57 CITY COUNCIL LIAISON REPORTS ITEM#74416 (Continued) Council Member Rouse advised she is the Council Liaison for the Active Transportation Advisory Committee (ATAC) and went on a bicycle site tour around Marshview Park to Rudee Inlet and finished at the boardwalk. Council Member Rouse advised it was the first time she has visited Marshview Park and encouraged everyone to visit as it is a beautiful park that has bicycle and walk trails and is dog friendly. July 11, 2023 58 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#74417 4:00P.M. Council Member Remick advised the Body previously deferred two (2) Conditional Use Permits (CUP) applications for short term rentals until July 18, 2023, and advised, the applicants would like to request another deferral to August 15, 2023 to provide them additional time to amend their applications. July 11, 2023 59 CITY COUNCIL DISCUSSION/INITLATIVES/COMMENTS ITEM#74418 (Continued) Council Member Schulman expressed his appreciation to staff for their support and assistance with his recent District 9 Town Hall on June 28t. Council Member Schulman advised it was a successful Town Hall with over eighty(80)people in attendance who received valuable information from staff presenters on District 9 updates. July 11, 2023 60 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74419 (Continued) Mayor Dyer expressed his appreciation to all of staff for supporting the successful events over the July 4th weekend including the lifeguards at the oceanfront, who rescued one hundred eighty (180)people with no fatalities. Mayor Dyer advised at the end of the summer season, he would like to present a Proclamation thanking them for their efforts. July 11, 2023 61 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74420 (Continued) Council Member Taylor advised he received mails concerning complaints of yard waste not being picked up. Council Member Taylor expressed his appreciation to waste management staff for the services they provide and all of the work they did during the tornado and understands the delays in pick up services is due to a staff shortage. Council Member Taylor asked the City Manager what is being done to address staff shortages? City Manager Duhaney asked Public Works Director Hansen to respond. Mr. Hansen advised the department is short twenty four(24) drivers and there are fifteen drivers who are on light duty and unable to drive. Mr. Hansen advised the priority is picking up black trash cans on the day they are scheduled and in order to meet that demand, drivers from bulk and yard waste have been pulled to assist. Mr. Hansen advised if residents have bags of yard waste and have room in their black trash can, they should use the black trash can to dispose of it. Mr. Hansen advised that as of today, all of the supervisors and the operations manager are driving trucks to help until more drivers can be hired. Mr. Hansen advised recruitment just closed and of the forty four(44) applicants, only nine(9) applicants have a commercial driver's license (CDL), which is a basic requirement. Mr. Hansen advised he is working with media to provide citizens and civic leagues information and updates as they happen. July 11, 2023 62 AGENDA REVIEW SESSION ITEM#74421 4:11 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Resolution to ESTABLISH a Collective Bargaining Task Force(Requested by City Council) 2. Ordinance to AMEND the Bayfront Advisory Commission membership (Requested by Council Members Rouse, Schulman, and Taylor) 3. Ordinance to APPROPRIATE funds from the Tourism Investment Program (TIP) Fund Balance to PROVIDE $50,000 to the FY2023-24 Cultural Affairs Operating Budget and to AWARD $50,000 grant to The LAMBS Foundation re support the 2024 Juneteenth Festival(Requested by Mayor Dyer and Council Members Taylor and Wooten) 4. Ordinance to AMEND City Code Section 110 of Appendix F, Chesapeake Bay Preservation Area Ordinance re notice of Chesapeake Bay Preservation Area Variance Applications 5. Resolution to AUTHORIZE the disposition and transfer of ownership re the Princess Anne County Confederate Monument to the Shenandoah Valley Battlefields Foundation 6. Ordinance to ACCEPT and APPROPRIATE $1,744,533 from the Opioid Settlements and the Virginia Opioid Abatement Authority to the FY 2023-24 Human Services Operating Budget and AUTHORIZE $10,000 as a required match for the regional cooperative partnership grant; ACCEPT and APPROPRIATE a$50,000 collaborative planning grant to the FY2023-24 Human Services Operating Budget;AUTHORIZE four (4.0)full-time equivalent positions re implement a collaborative plan to address the opioid epidemic 7. Ordinance to ACCEPT and APPROPRIATE$649,000 from the Virginia Department of Criminal Justice Services to the FY2023-24 Police Department Operating Budget re purchase necessary equipment to support a marine patrol boat, forensic equipment, and analytical services equipment 8. Ordinance to ACCEPT and APPROPRIATE$315,000 in Fund Balance from the Police Federal & State Seized Assets Special Revenue Fund to the FY 2023-24 Police Department Operating Budget re police equipment and training 9. Ordinance to ACCEPT and APPROPRIATE $110,000 from the United States Department of Homeland Security to the FY2023-24 Police Department Operating Budget re purchase necessary equipment to support a large bomb robot July 11, 2023 63 AGENDA REVIEW SESSION ITEM#74421 (Continued) 10. Ordinance to ACCEPT and APPROPRIATE$37,000 from the Virginia Department of Criminal Justice Services to the FY2023-24 Police Department Operating Budget re purchase of equipment, travel, and training to enhance efforts to address internet crimes against children 11. Ordinance to ACCEPT and APPROPRIATE$10,000 from the Virginia Department of Behavioral Health and Development Services to the FY2023-24 Human Services Operating Budget re staff training, staff time allocable to problem gambling, membership in a national organization, and services related to addressing problem gambling 12. Ordinance to ACCEPT and APPROPRIATE$4,845 from the Virginia Outdoors Foundation and Wetlands Watch's Coastal Resilience and Trees Fund to the FY2023-24 Parks and Recreation Operating Budget re support activities to increase the City's urban tree canopy 13. Ordinance to ACCEPT and APPROPRIATE a $3,000 donation from the Creeds Ruritan Club to the FY2023-24 Consolidated Grant Fund Operating Budget re restoration activities at the historic Pleasant Ridge School K. ORDINANCES/RESOLUTIONS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY July 11, 2023 64 AGENDA REVIEW SESSION ITEM#74421 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING 1. THOMAS A. BROWN for a Variance to Section 4.4(b) & (d) of the Subdivision Regulations re reconfigure the boundaries of two (2) existing parcels located at and adjacent to 2892 Indian River Road DISTRICT 2 2. THOMAS A. BROWN for a Variance to Section 4.4(b) & (d) of the Subdivision Regulations re reconfigure the boundaries of four (4) existing parcels at 2888 Indian River Road DISTRICT 2 (Deferred from June 20, 2023) 3. SARAHLONG/BRIXMOR GA HILLTOP PLAZA,LLCfor a Conditional Use Permit re tattoo parlor at 523 Hilltop Plaza Shopping Center DISTRICT 6 4. ALAN BELL/ALAN AND KAREN BELL for a Conditional Use Permit re home occupation — retail sales at 2624 South Kings Road DISTRICT 8 5. FITNESS VENTURES,LLC/CHIMNEY HILL CENTER VIRGINIA BEACH, VA.LIMITED PARTNERSHIP for a Conditional Use Permit re indoor recreational facility at 799 Chimney Hill Shopping Center DISTRICT 10 6. DIANE D. KITTS for a Conditional Use Permit re short term rental at 303 Atlantic Avenue Unit 1405 DISTRICT 5 7. JIM L UTZ/MEL VIN EATON for a Conditional Use Permit re short term rental at 917 Pacific Avenue Unit D DISTRICT 5 8. JAMES&LORI JONES for a Conditional Use Permit re short term rental at 1722 Baltic Avenue DISTRICT 6 9. Ordinance to AMEND City Zoning Ordinance (CZO) Section 106 re notice by the Board of Zoning Appeals 10. Ordinance to AMEND City Zoning Ordinance (CZO) Sections 1605 and 1609 re notice and permits for Coastal Primary Sand Dune Applications 11. Ordinance to AMEND City Zoning Ordinance (CZO) Sections 1405 and 1409 re notice and permits for Wetlands Applications July 11, 2023 65 AGENDA REVIEW SESSION ITEM#74421 (Continued) L. PLANNING: ITEM#1 WILL BE CONSIDERED SEPARA TEL Y ITEM#2 WILL BE CONSIDERED SEPARA TEL Y July 11, 2023 66 ITEM#74422 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 4 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 LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2- 3 711(A)(8). • Election System LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body pursuant Section 2.2-3 711(A)(7). • Holloway v. City of Virginia Beach PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees July 11, 2023 67 ITEM#74422 (Continued) Upon motion by Council Member Schulman, seconded by Council Member Berlucchi, City Council voted to proceed into CLOSED SESSION at 4:15 P.M. Voting: 10-0 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson Break 4:15 P.M. — 4:32 P.M. Closed Session 4:32 P.M. — 5:48 P.M. July 11, 2023 68 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JUL Y 11,2023 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, July 11, 2023, at 6:00 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson—Family Vacation INVOCATION: Reverend Carter Sinclair-Deacon, Emmanuel Episcopal Church MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34"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 idenf ing any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. July 11, 2023 69 Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC, ("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters in which he is not personally involved and has no personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he participates in a matter before the City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is Council Member Remick's practice to thoroughly review the agenda for each meeting of the City Council to identify any matters in which he might have an actual or potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he has a `personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council. July 11, 2023 70 VILF CERTIFICATION ITEM#74423 Upon motion by Council Member Ross-Hammond, seconded by Council Member Holcomb, 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, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, 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 Publicly Held Property—District 4 and Public Contract—Project Football discussions(4:32 P.M. —5.06 P.M.) July 11, 2023 O4 9 tiff i i 0 o` oua n�� 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#74422 on Page 67 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. nda Ba es, M City Clerk July 11, 2023 71 ITEM— VII.G.1 MINUTES ITEM#74424 Upon motion by Council Member Holcomb, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 20, 2023 Voting.• 10-0 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 72 ITEM— VII.G.2 MINUTES ITEM#74425 Upon motion by Council Member Holcomb, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the FORMAL SESSION of June 27,2023 Voting: 10-0 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 73 ITEM— VII.H.1 MAYOR'S PRESENTATIONS ITEM#74426 PROCLAMATION MIYAZAKI CITY, JAPAN SISTER CITY DAY Mayor Dyer welcomed Mayor Kiyoyama and members of the Miyazaki delegation and Sister Cities Association of Virginia Beach (SCAVB) and read the Proclamation declaring July 11,2023 as, "MIYAZAKI CITY, JAPAN SISTER CITY DAY". The Proclamation recognized the Sister City relationship between the City of Virginia Beach and Miyazaki for 31 years, culminating in friendship, understanding and mutual support. Mayor Kiyoyama expressed his appreciation for this recognition and expressed it has been an honor for him and his delegation to visit during the City's 60t Anniversary. July 11, 2023 �GtITABtiC ,�ti 0-.._.2- -, 1S!L O4 O F • - Z r, 2.Z. .1 y9ts- * OF . OUR NAZI- rodYamattort Whereas: In 1992,Myazaki City,Japan and the City of Virginia Beach officially became Sister Cities;and Whereas: Since that time, the two cities have enjoyed many outstanding cultural exchange programs and have forgeda friendship and deepened mutual understanding through community-wile efforts and support;and- Whereas: In 1997, the Miyazaki garden,an authentic Japanese garden,was dedicated at Wed'Piing Park;and Whereas: In 2012,anAzumaya was dedicated as part of the 20 yearcele6ration of Virginia Beach's international sisterhood with Miyazaki City;and Whereas: In 2015,a Peace Monument symbohzzing the spiritual serenity of nature and the eternalprayerfor world peace, harmony,and prosperity,as evidenced by the Sister City relationship between Miyazaki City and- 'Virginia Beach,was dedicated at the Mryazaki Garden at Wed Wing Park;and Whereas: In 2022, in commemoration of the 30th anniversary of Sister Cities relations between Miyazaki City and 'Virginia Beach,Mayor Tomonori?(Fyoyama and Mayor tgbert(Dyer held a virtual mayoral conference, and shared our interests in continuing to exchange ideas and strengthen their relationship in the future;and Whereas: The citizens of both cities benefit greatly from the wonderful opportunities provided through the efforts of the Sister City programs. Now,'Therefore I,Wo6ert M. "Bobby"Dyer,Mayor of the City of'Virginia Beach, 'Virginia,do hereby proclaim: Juiji 11 h 2023, lilyaza&i City, Japan Sister City Day In Witness Whereof I have hereunto set my hand and caused the Official-Seal of the City of'Virginia Beach, 'Virginia, to de affixed this eleventh Day of July, Two'Thousand and Twenty-Three. cgbert M. (Bobby"(Dyer Mayor 74 ITEM— VILL 1 PUBLIC HEARING ITEM#74427 Mayor Dyer DECLARED a PUBLIC HEARING: DECLARATION AND SALE OF EXCESS CITY PROPERTY 1548 Michigan Avenue There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING July 11, 2023 75 ITEM— VII.I.I PUBLIC HEARING ITEM#74428 Mayor Dyer DECLARED a PUBLIC HEARING: COMMUNICATION TOWER LEASE AGREEMENT ON CITY OWNED PROPERTY 2068 Landstown Centre Way There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING July 11, 2023 76 ITEM— VILL 1 PUBLIC HEARING ITEM#74429 Mayor Dyer DECLARED a PUBLIC HEARING.• ACQUISITION, BY AGREEMENT OR CONDEMNATION Seatack Neighborhood Drainage Improvement Project, CIP 100600, 100451, and 100452 There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING July 11, 2023 77 ITEM— VILJ.1 FORMAL SESSION AGENDA ITEM#74430 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. Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council APPROVED,BY CONSENT,Agenda Items Ordinances/Resolutions K:2, 4, 5, 6, 7, 8, 9,10,11,12, and 13 and Planning Items L:3, 4, 5, 6, 7, 8, 9, 10 and 11 Voting: 10=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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson K. ORDINANCES/RESOLUTIONS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY L. PLANNING ITEMS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY July 11, 2023 78 ITEM— VII.K.1 ORDINANCES/RESOLUTIONS ITEM#74431 The following registered to speak: Sean Monteiro, 3817 Stumpy Lane, Phone: 974-2951, spoke in SUPPORT Dianna Howard, 1057 Debaca Court, was unable to speak due to technical difficulties via WebEx Upon motion by Council Member Schulman,seconded by Council Member Ross-Hammond, City Council ADOPTED, Resolution to ESTABLISH a Collective Bargaining Task Force (Requested by City Council) Voting: 10=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 and Sabrina D. Wooten Council Members Absent. Vice Mayor Rosemary Wilson July 11, 2023 REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION ESTABLISHING A COLLECTIVE 2 BARGAINING TASK FORCE 3 4 WHEREAS, in 2020, the General Assembly adopted legislation that authorizes 5 local governing bodies such as the City Council to adopt an ordinance that authorizes 6 collective bargaining, subject to certain restrictions that are set forth in that law, other 7 provisions of the Code of Virginia, and federal law; 8 9 WHEREAS, several employee associations have expressed an interest in 10 organizing parts of the City workforce under collective bargaining agreements; 1.1 12 WHEREAS, the City Council would benefit from receiving recommendations of a 13 task force of stakeholders that would study the following issues: 14 15 1. The scope of collective bargaining, which could include certain terms and 16 conditions of employment, such as wages, benefits, scheduling, work hours, and working 17 conditions, among other things, if consistent with state and federal law; and 18 19 2. The number of collective bargaining units; 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That the City Council hereby establishes the Collective Bargaining Task Force. 25. 26 2. That the task force shall serve in an advisory capacity to the City Council, and 27 the City Council shall appoint its members. 28 29 3. That the task force shall consist of 11 members and may include 30 representatives of employee associations, City representatives, and other stakeholders. 31 32 4. That the City Manager and City Attorney shall provide staff support to the task 33 force. 34 35 5. That the task force shall provide its recommendations to the City Council within 36 90 days of the appointment of all of its members. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day of July , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offi CA16198 R-5 June 29, 2023 79 ITEM— VILK.2 ORDINANCES/RESOLUTIONS ITEM#74432 Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the Bayfront Advisory Commission membership (Requested by Council Members Rouse, Schulman, and Taylor) Voting: 10-0 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 REQUESTED BY COUNCILMEMBERS SCHULMAN, TAYLOR AND ROUSE 1 AN ORDINANCE TO AMEND THE MEMBERSHIP 2 OF THE BAYFRONT ADVISORY COMMISSION 3 4 WHEREAS, the mission of the Bayfront Advisory Commission (BAC) is to review 5 and make recommendations to the City Council regarding public and private projects 6 and issues associated with the Bayfront area, or projects or issues associated with the 7 Bayfront area that the City Council may refer to the Commission; 8 9 WHEREAS, several City Council-appointed boards and commissions include 10 student members who have provided valuable support and perspectives to those 11 boards and commissions in the fulfillment of their respective missions; 12 13 WHEREAS, the BAC has requested that the City Council amend the membership 14 of the BAC to include student members; 15 16 WHEREAS, the Commission currently includes sixteen members, including six 17 ex-officio members, and two of the ex-officio members are the Commander of Joint 18 Expeditionary Base Little Creek-Fort Story and the Park Manager of First Landing State 19 Park; 20 21 WHEREAS, this ordinance removes those two . representatives from the 22 membership of the BAC, but each of them will continue to be invited to BAC meetings 23 and will be given an opportunity to share their thoughts and concerns during meetings; 24 and 25 26 WHEREAS, this ordinance converts those two ex-officio membership slots into 27 two additional citizen-membership opportunities; 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That the membership of the Bayfront Advisory Commission shall include twelve 33 (12) citizens of the Bayfront area and four (4) non-voting ex-officio members: the 34 Planning Commission members- and the City Council members from the 8th and 9th 35 Election Districts. The membership also may include up to five (5) high school students 36 who reside.in Election District 8 or Election District 9, or who are enrolled in the Virginia 37 Beach City Public Schools Environmental Studies Program at the Brock Environmental 38 Center. Student members shall be appointed for a term of one year, and they shall be 39 non-voting members. To align students' terms with the academic year, when feasible, 40 the City Council will appoint student members for a term that begins on July 1 and ends 41 on June 30. A majority of the appointed voting members shall constitute a quorum. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day of 44 July , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16183 R-3 June 23, 2023 2 80 ITEM— VILK.3 ORDINANCES/RESOLUTIONS ITEM#74433 The following registered to speak: David Leader, 400 Rudee Point Road, Phone: 850-586-9198, spoke in SUPPORT Chiara Sinclair, 705 Twine Lane, Phone: 553-8430, spoke in SUPPORT Alexis Gourdine, 851 Norview Avenue, Norfolk, Phone: 549-7519, spoke in SUPPORT Sean Monteiro, 3817 Stumpy Lane, Phone: 974-2951, spoke in SUPPORT Upon motion by Council Member Wooten, seconded by Council Member Ross-Hammond, City Council ADOPTED Ordinance to APPROPRIATE funds from the Tourism Investment Program (TIP) Fund Balance to PROVIDE $50,000 to the FY2023-24 Cultural Affairs Operating Budget and to AWARD $50,000 grant to The LAMBS Foundation re support the 2024 Juneteenth Festival(Requested by Mayor Dyer and Council Members Taylor and Wooten) Voting: 9-1 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,N.D. "Rocky"Holcomb,Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 REQUESTED BY MAYOR DYER AND COUNCILMEMBERS TAYLOR, AND WOOTEN 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE 2 TOURISM INVESTMENT PROGRAM FUND BALANCE, 3 TO PROVIDE $50,000 TO THE DEPARTMENT OF 4 CULTURAL AFFAIRS, AND TO AWARD AN ADDITIONAL 5 $50,000 GRANT TO THE LAMBS FOUNDATION FOR 6 THE 2024 JUNETEENTH FESTIVAL 7 8 WHEREAS, the FY2023-2024 Operating Budget includes $50,000 to support the 9 Juneteenth festival to be held in June of 2024; 10 11 WHEREAS, additional financial support will allow the Juneteenth festival to attract 12 national level talent and raise the profile for the festival; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA, THAT: 16 17 1 ) $50,000 is hereby appropriated from the fund balance of the Tourism 18 Investment Program Fund to the FY 2023-2024 Operating Budget of the 19 Department of Cultural Affairs to support the 2024 Juneteenth festival 20 programming; 21 22 2) $50,000 is hereby appropriated from the fund balance of the Tourism 23 Investment Program Fund to the Non-Departmental Regional Grants to support 24 an additional grant of $50,000 to The LAMBS Foundation to support the 25 coordination and organization of the 2024 Juneteenth Festival. Adopted by the Council of the City of Virginia Beach, Virginia on the 11 th day of July , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and anagement Services -17?:s Office CA16203 R-3 July 5, 2023 81 ITEM— VILK.4 ORDINANCES/RESOLUTIONS ITEM#74434 Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section 110 of Appendix F, Chesapeake Bay Preservation Area Ordinance re notice of Chesapeake Bay Preservation Area Variance Applications Voting: 10-0 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 1 AN ORDINANCE TO AMEND SECTION 110 OF 2 APPENDIX F, CHESAPEAKE BAY 3 PRESERVATION AREA ORDINANCE OF THE 4 CITY CODE PERTAINING TO NOTICE OF 5 CHESAPEAKE BAY PRESERVATION AREA 6 VARIANCE APPLICATIONS 7 8 Section Amended: § 110 of the Chesapeake Bay 9 Preservation Area Ordinance 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 110 of the Chesapeake Bay Preservation Area Ordinance is hereby 15 amended and reordained to read as follows: 16 17 Sec. 110. Variances. 18 19 . . . 20 21 (D) Not later than sixty (60) days after the receipt of an application, the Board shall 22 hold a public hearing on such application. Notice of the time and place of the hearing 23 shall be published no less than once per week for two (2) consecutive weeks prior to 24 such hearing in a newspaper having a general circulation in the City. The second such 25 notice shall appear not lees than five (5) days nor more than twenty one (21) days prior 26 to the hearing. The first notice shall be published no more than fourteen (14) days 27 before the intended adoption and the second notice shall be published not less than six 28 (6) days after the first. The cost of the public notice shall be charged to the applicant. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 t h day of J u 1_y , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA16157 R-2 June 30, 2023 82 ITEM— VILK.5 ORDINANCES/RESOLUTIONS ITEM#74435 Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council ADOPTED,BY CONSENT,Resolution to AUTHORIZE the disposition and transfer of ownership re the Princess Anne County Confederate Monument to the Shenandoah Valley Battlefields Foundation Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor RobertM.Dyer, BarbaraM.Henley,N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 1 A RESOLUTION TO PROVIDE FOR THE DISPOSITION 2 OF THE PRINCESS ANNE COUNTY CONFEDERATE 3 MONUMENT 4 \ 5 WHEREAS, the Princess Anne County Confederate Monument (the "Monument") 6 was erected in 1905 near what was then the Princess Anne County Courthouse at the 7 intersection of Princess Anne Road and North Landing Road; 8 9 WHEREAS, the Monument, which consists of a statue, pedestal, and base, is 10 viewed by many as a divisive reminder of a painful past, and the City Council has 11 concluded that the public property at the City's Municipal Complex is not the proper place 12 for the Monument; 13 14 WHEREAS, in accordance with Virginia Code § 15.2-1812, on June 21 , 2020, the 15 City caused to be published public notice of the intent to remove or relocate the Monument 16 and of a public hearing on July 23, 2020, on the removal or relocation of the Monument, 17 and interested citizens were advised that they could appear in person at the public hearing 18 or provide written comments to the City Council in advance of the hearing; 1.9 20 WHEREAS, having held that hearing, it was the consensus of the City Council that 21 the Monument should be relocated, and the Council adopted a resolution that called for 22 the solicitation of proposals from museums, historical societies, governments, and military 23 battlefields as a potential relocation site; 24 25 WHEREAS, City staff posted a request for proposals on July 28, 2020 and 26 received two proposals from historical associations prior to the September 1, 2020 27 deadline for submission of proposals; 28 29 WHEREAS, the City did not accept either proposal, the two offerors have worked 30 together to provide a set of parameters for the disposition of the Monument that: (a) allows 31 the Monument to stay within the City; (b) allows both associations that submitted 32 proposals to have access to the Monument to provide for maintenance, upkeep and 33 paying their respects, by way of an easement from the property owner to the Shenandoah 34 Valley Battlefields Foundation (the "Donee"); and (c) does not require the City to have 35 any ongoing obligations for the Monument after it has been relocated and installed. A 36 copy of a Summary of Material Terms is attached hereto as Exhibit A; and 37 38 WHEREAS, the City staff recommends to the City Council the disposition of the 39 Monument by deed of gift to the Donee in accordance with the aforementioned Summary 40 of Material Terms. 41 42 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 43 OF VIRGINIA BEACH, VIRGINIA THAT: 44 45 The City Council hereby approves of the disposition and transfer of ownership of 46 the Monument by deed of gift to the Shenandoah Valley Battlefields Foundation, and the 47 disposition shall be governed by the Summary of Material Terms, attached hereto as 48 Exhibit A and incorporated herein. 49 50 The City Manager is authorized to execute any documents necessary to transfer 51 title to the Monument and to relocate it to its final location, so long as such actions are 52 consistent with the Summary of Material Terms. For any costs associated with relocation 53 and reassembly of the Monument, the City Manager is hereby authorized to transfer funds 54 within the General Fund. Within 60 days from such transfer, the City Manager shall 55 provide a report to the City Council providing the amount of such transfer. Adopted by the City Council of the City of Virginia Beach, Virginia on the lithday of July , 2023. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: axA delL-64 Department f Public Works Department of lanning APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA 15238 R-5 June 14, 2023 Exhibit A Summary of Material Terms Parties: Donor: The City of Virginia Beach (the "City") Donee: Shenandoah Valley Battlefields Foundation (the "Foundation") Terms: 1. The City to provide a deed of gift to the Foundation for the Monument, without warranty. 2. The City to relocate the Monument to a final location on private property within the City at the direction of the Foundation, upon the Foundation confirming it has a recorded easement from the owner of the property allowing the Foundation to maintain the Monument at that location. The site of the final location is next to a family cemetery on a privately owned 135 +/- acre farm on Stowe Road in the southern part of Virginia Beach. 3. The City to undertake installation and reassembly of the Monument at the designated location at the City's expense. 4. The Foundation will perform and pay for (1) any site adjustments that may be considered at the new site, and (2) for any post-installation maintenance or repairs to the Monument or the site. 5. The City disclaims any responsibility as to the appropriateness of such final location for purposes of land use or otherwise. 6. The Foundation is responsible for obtaining any necessary permits for any and all work on the site, aside from any the City may need to install and reassemble the Monument at the new location. 7. The Foundation to undertake such actions necessary to maintain the Monument in the sole discretion of the Foundation. 83 ITEM— VII.K.6 ORDINANCES/RESOLUTIONS ITEM#74436 Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council ADOPTED, AS AMENDED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $1,744,533 from the Opioid Settlements and the Virginia Opioid Abatement Authority to the FY 2023-24 Human Services Operating Budget and AUTHORIZE $10,000 as a required match for the regional cooperative partnership grant;ACCEPT and APPROPRIATE a$50,000 collaborative planning grant to the FY2023- 24 Human Services Operating Budget; AUTHORIZE four (4.0) full-time equivalent positions re implement a collaborative plan to address the opioid epidemic Voting: 10-0 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 ALTERNATIVE VERSION 1 AN ORDINANCE TO ACCEPT FUNDING FROM 2 OPIOID SETTLEMENTS AND THE VIRGINIA OPIOID 3 ABATEMENT AUTHORITY, TO APPROPRIATE SUCH 4 FUNDS TO IMPLEMENT A COLLABORATIVE PLAN 5 TO ADDRESS THE OPIOID EPIDEMIC, AND TO 6 AUTHORIZE POSITIONS NECESSARY TO EXECUTE 7 SUCH PLAN 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA, THAT: 11 12 1) $1 ,744,533 is hereby accepted and appropriated, with revenue increased 13 accordingly, to the Operating Budget of the Department of Human Services to 14 implement a collaborative plan with stakeholders to address the opioid 15 epidemic. Of this amount, $10,000 is authorized as a required match for the 16 regional cooperative partnership grant. 17 18 2) A collaborative planning grant in the amount of $50,000 is hereby accepted 19 from the Virginia Opioid Abatement Authority and appropriated, with revenue 20 increased accordingly, to the FY 2023-24 Operating Budget of the Department 21 of Human Services for planning activities. 22 23 3) 4.0 total full-time equivalent positions or FTEs, including two part-time Peer 24 Specialists, one full-time Peer Specialist, and two full-time Clinician III 25 positions, are hereby authorized within the Operating Budget of Human 26 Services. 27 28 4) Sections 1 and 3 of this ordinance are effective June 30, 2023. Adopted by the Council of the City of Virginia Beach, Virginia on the 11 th day of J u 1 y , 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services _E' or ey's Office CA16206 R-2 July 11, 2023 84 ITEM— VILK.7 ORDINANCES/RESOLUTIONS ITEM#74437 Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $649,000 from the Virginia Department of Criminal Justice Services to the FY2023-24 Police Department Operating Budget re purchase necessary equipment to support a marine patrol boat, forensic equipment, and analytical services equipment Voting: 10-0 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A LAW 2 ENFORCEMENT EQUIPMENT GRANT FROM THE 3 VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE 4 SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $649,000 is hereby accepted from the Virginia Department of Criminal Justice 10 Services and appropriated, with revenue increased accordingly, to the FY 2023-24 11 Operating Budget of the Police Department to purchase necessary equipment to support 12 a marine patrol boat, forensic equipment, and analytical services unit equipment. The 13 City makes no commitment to replace any equipment purchased with these grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the 11 t h day of July , 2023. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Manager en Services City y Atto ney's Office CA16194 R-1 June 28, 2023 85 ITEM— VILK.8 ORDINANCES/RESOLUTIONS ITEM#74438 Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $315,000 in Fund Balance from the Police Federal&State Seized Assets Special Revenue Fund to the FY2023-24 Police Department Operating Budget re police equipment and training Voting: 10-0 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 1 AN ORDINANCE TO APPROPRIATE $315,000 IN FUND 2 BALANCE FROM THE POLICE FEDERAL & STATE SEIZED 3 ASSETS SPECIAL REVENUE FUND FOR POLICE 4 EQUIPMENT AND TRAINING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $315,000 is hereby appropriated, with revenues increased accordingly, from the 10 fund balance of the Police Federal & State Seized Assets Special Revenue Fund to the 11 FY 2023-24 Police Department Operating Budget for police equipment and training. The 12 City makes no commitment to replace any equipment purchased with these funds. Adopted by the Council of the City of Virginia Beach, Virginia on the 11 th day of July , 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: Budget and Management services tt ne s office CA16195 R-1 June 28, 2023 86 ITEM— VILK.9 ORDINANCES/RESOLUTIONS ITEM#74439 Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $110,000 from the United States Department of Homeland Security to the FY2023-24 Police Department Operating Budget re purchase necessary equipment to support a large bomb robot Voting: 10-0 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 HOMELAND SECURITY GRANT FOR THE POLICE 3 DEPARTMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $110,000 is hereby accepted from the United States Department of Homeland 9 Security via the Virginia Department of Emergency Management and appropriated, with 10 federal revenue increased accordingly, to the FY 2023-24 Operating Budget of the Police 11 Department to purchase necessary equipment to support a large bomb robot. Adopted by the Council of the City of Virginia Beach, Virginia on the 11 t h day of July , 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: udget and Management ervices o eyice CA16193 R-1 June 28, 2023 87 ITEM— VILK.10 ORDINANCES/RESOLUTIONS ITEM#74440 Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $37,000 from the Virginia Department of Criminal Justice Services to the FY2023-24 Police Department Operating Budget re purchase of equipment,travel,and training to enhance efforts to address internet crimes against children Voting: 10-0 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $37,000 2 FROM THE SOUTHERN VIRGINIA INTERNET CRIMES 3 AGAINST CHILDREN TASK FORCE 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $37,000 is hereby accepted from the Virginia Department of Criminal Justice 9 Services via the Southern Virginia Internet Crimes Against Children Task Force and the 10 Bedford County Sheriffs Office and appropriated, with revenue from the Commonwealth 11 increased accordingly, to the FY 2023-2024 Operating Budget of the Police Department 12 for overtime and the purchase of equipment, travel, and training to enhance efforts to 13 address internet crimes against children. Adopted by the Council of the City of Virginia Beach, Virginia on the 11 th day of July , 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: Budget and Management services Ci ttorney's Office CA 16192 R-2 June 28, 2023 88 ITEM— VII.K.11 ORDINANCES/RESOLUTIONS ITEM#74441 Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $10,000 from the Virginia Department of Behavioral Health and Development Services to the FY2023-24 Human Services Operating Budget re staff training, staff time allocable to problem gambling, membership in a national organization, and services related to addressing problem gambling Voting: 10-0 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO PROVIDE PROBLEM GAMBLING PREVENTION 3 SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $10,000 is hereby accepted from the Virginia Department of Behavioral Health and 9 Developmental Services and appropriated, with revenue from the Commonwealth 10 increased accordingly, to the FY 2023-24 Operating Budget of the Department of Human 11 Services for staff training, staff time allocable to problem gambling, membership in a 12 national organization, and services related to addressing problem gambling. Adopted by the Council of the City of Virginia Beach, Virginia on the lith day of July , 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: Budget and anagemen Services rn y s Office CA16196 R-1 June 28, 2023 89 ITEM— VILK.12 ORDINANCES/RESOLUTIONS ITEM#74442 Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $4,845 from the Virginia Outdoors Foundation and Wetlands Watch's Coastal Resilience and Trees Fund to the FY2023-24 Parks and Recreation Operating Budget re support activities to increase the City's urban tree canopy Voting: 10-0 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $4,845 FROM THE VIRGINIA OUTDOORS 3 FOUNDATION AND WETLANDS WATCH'S COASTAL 4 RESILIENCE AND TREES FUND TO INCREASE THE 5 CITY'S URBAN TREE CANOPY 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $4,845 is hereby accepted from the Virginia Outdoors Foundation and Wetlands 11 Watch's Coastal Resilience and Trees Fund and appropriated, with miscellaneous 12 revenue increased accordingly, to the FY 2023-24 Operating Budget of the Department 13 of Parks and Recreation to support activities to increase the City's urban tree canopy. Adopted by the Council of the City of Virginia Beach, Virginia on the 11 th day of July , 2023. Requires the affirmative vote of a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget an Management Services i or ey's ffice CA16204 R-1 June 28, 2023 90 ITEM— VILK.13 ORDINANCES/RESOLUTIONS ITEM#74443 Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE a $3,000 donation from the Creeds Ruritan Club to the FY2023-24 Consolidated Grant Fund Operating Budget re restoration activities at the historic Pleasant Ridge School Voting: 10-0 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 $3,000 DONATION FROM THE CREEDS RURITAN 3 CLUB 4 5 WHEREAS, the Virginia General Assembly previously authorized $25,000 to be 6 provided to the City of Virginia Beach for the purpose of conducting restoration activities 7 at the historic Pleasant Ridge School; 8 9 WHEREAS, the Creeds Ruritan Club concurrently conducted fundraiser activities 10 to provide additional assistance for the restoration of the Pleasant Ridge School; and 11 12 WHEREAS, the Creeds Ruritan Club awarded the collected donation in the amount 13 of $3,000 to the City of Virginia Beach for the restoration of the Pleasant Ridge School. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA, THAT: 17 18 The $3,000 donation is hereby accepted from the Creeds Ruritan Club and 19 appropriated, with miscellaneous revenue increased accordingly, to the FY 2023-24 20 Operating Budget Consolidated Grant Fund for the purpose of funding restoration 21 activities at Pleasant Ridge School located on property owned by Ashbury Christian 22 Fellowship Church, Inc. Such funds will be expended in accordance with the 23 requirements of Virginia Code § 15.2-953(A). Adopted by the Council of the City of Virginia Beach, Virginia on the 11 th day of July , 2023. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4,,, „AA , Budget and Management e �� it tto ey's Office CA16202 R-1 June 28, 2023 91 ITEM— VII.L.1 PLANNING ITEMS ITEM#74444 The following registered to speak: Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT Upon motion by Council Member Henley, seconded by Council Member Holcomb, City Council APPROVED,AS CONDITIONED,AS REVISED, application of THOMAS A. BROWN for a Variance to Section 4.4(b) & (d) of the Subdivision Regulations re reconfigure the boundaries of two (2) existing parcels located at and adjacent to 2892 Indian River Road DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THOMAS A. BROWN for a Variance to Section 4.4(b) & (d) of the Subdivision Regulations re reconfigure the boundaries of two (2) existing parcels located at and adjacent to 2892 Indian River Road(GPINs 14933356970, 1493334650)DISTRICT 2 The following conditions shall be required: 1. The applicant/owner shall submit a resubdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning& Community Development prior to recordation, which shall be in substantial conformance to the submitted plat entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known as 2892 Indian River Road and'B'Georgie Wilson 1.44 Ac. and Property of Thomas A.Brown Known as 2888 Indian River Road and J.C.Davis Parcel 2 Ac.±and West Neck 4.77 Acres and West Neck Parcel" dated March 3, 2023, prepared by Hayden Frye and Associates, Inc. Land Surveyors (the "Exhibit'), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 2. With the Resubdivision Plat, the applicant/owner shall be required to create the private road right of way substantially as depicted on the Exhibits which (a) widens the existing 15' Private Road that will serve the seven (7) parcels to twenty-five (25)feet in width; (b) includes a realigned and wider than twenty(20)foot paved street section of the private road within one-hundred(100)feet of its intersection with Indian River Road to create, as nearly as possible an intersection at right angles, and in no event at less than sixty (60) degrees; and(c) record a Declaration of Private Ingress/Egress and Maintenance Easement binding upon all seven (7) parcels, along with the dedication of a Public Utility Easement. The Declaration of Easement shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision Review Process. The only vehicular access to the seven (7) lots shall be from the Private Road. 3. A turn-around or hammerhead at the terminus of the Private Road shall be constructed in accordance with City standards prior to the sale of the first parcel. July 11, 2023 92 ITEM— VII.L.l PLANNING ITEMS ITEM#74444 (Continued) 4. The Private Road shall be improved by the applicant with a hard surfaced road that conforms to the Virginia Statewide Fire Prevention Code for fire apparatus access. The road surface must be a minimum of 20'wide and able to support eighty-two thousand(82,000)pounds of vehicle loading and be an all-weather surface.Fire apparatus must be able to reach the most exterior wall from an approved surfaced roadway which is within one-hundred fifty (150) feet. The Declaration of Easement shall mandate that when improved with a residence, each of the seven (7) Parcels served by the Private Road shall be responsible for an equal share of the costs of maintaining the Private Road. 5. The applicant/owner will retain, and if necessary, supplement, a 30' treed Buffer Preservation Easement on existing Parcel 3 and proposed Parcels 2, 4 and 5 along those boundary lines as depicted on the Exhibit. The Buffer Preservation Easements shall be depicted on the Resubdivision Plat, which along with the Easement Agreement shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision review process. 6. The applicant/owner shall be responsible for extending City sanitary sewer service accessible to each parcel as a condition of approval of the Resubdivision Plat and whenimproved, each parcel shall connect to City sanitary sewer service in a manner subject to approval by the City of Virginia Beach Department of Public Utilities. 7. The applicant/owner shall record a thirty-five thousand seven hundred thirty-two (35,732) square foot Natural Area Preservation Easement establishing a preservation area located on the northeastern most portion of Parcel 5 substantially as depicted on the "Exhibit". 8. The seven (7) lots that must be accessed from the proposed private road shall be submitted as a comprehensive (multi-lot) site plan to address any proposed infrastructure including stormwater management and public utilities. This Ordinance shall be effective in accordance with Section 107 0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 11"day of July Two Thousand Twenty Three. July 11, 2023 93 ITEM— VILL.1 PLANNING ITEMS ITEM#74444 (Continued) Voting: 10-0 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 D u /' LPD iN,Sii � � 0, *J. / �pH1' ' /Li AV .# ? �P�D H 1 ,�e ; GP Mil o �`'.0, ICJ% AG 1 Ik_ „,„ , , /7 ,, ,,, . \ .. 7 , 0 0 oo (3. // o „'° y , 4 Q ti.� ,A 44 AG-IA/AG-2 0,0*-= c> lip P D H1 AG2 / / /1\\x----1 a/ h h'iver_ PDH1 AG2 d 0 / AG1 7 N Thomas A. Brown „A ; 'm Site \ `W Property Polygons 2892 Indian River Road S QZoning Building - Feet 0 50100 200 300 400 500 600 NOW CR FORMERLY are a NRGMA BEACH 572'2" GP4t 1493-43-2693 120.00'*,` (NSN./20140905000837870) ,'* ct:„, / j!IjI• c 30'T�eedZ i3u> r a (�f a S42-rJ cet,i7y1 Ze.5f M2nV r SUBpN310N OF ( y NLLACE F I or / WEST NEM f � � i (N7S1R./20190925000814370) ucYluYal A r eci-Pre se 4 K tl on �� T, 46 / 45 E/ 44 / 43 F�,4'3 Y - Easem et-7 i /- cq]9 —,PARCEL 5 - 95 H. r'I t 115.978 SOFT. 6 i i 2.662 ACRES 1IR®Y ' � /9 . ESTABLISHED ggg i r' f 906 OR FOR1619IY 9v. ',r 1 1NONAS A.BROWN / - . 151 �IIQ 'tt,► ,1 ,(MS1R/211191p1p108627w i 93 / 1 OF 15' ESPROPERTAB11191ED •t wWIACE FISION es— MA iOMAASS A FORMERLY , N:1493-44-0216 HEST NECK � 9=_.r;:1 1,51 ' +. (NSTR.+2019092`A0091437092 :5 R�B 7 2,P.0699800) Hwy•.,' : CITY OF F006GNI1A BEACH ,511.11 NOW OR FORMERLY - PARCEL 4 :.&'Ff'�� CE66 1493-43-2593 �j py BRO OR WN 51.908 SOFT. �,�` CUL-DE-SAC MSTR.t201409050D0837e70) V� . 1.192 AWES 1S0' , OPW:1493-34-8782 �:- (N51R./20200323000267600) 91,: - r ..�r 1 $ (Y.B.62,P.43) r11 1 PARCEL6 ;, .(4 I 6393 SOFT. 1 1 ACRES & ';''1 • ' rJ ,v,8 e97 1 4742Thr 'vier \ a 1 h1a �a I.W OR FORMERLY .. 'RYAS A.BROWN '! PROPERE(LINE I 88 PIN:1493-33-7721 M1 (h5 t , NE>�Y ESTAILJ9 ED 7N.920190925000B14370) '! ,' ET2ST1NG 15'PRIVATE LANE 1 I I'k` PARCEL 7 ARCEL 3 u.+ 'sart '—-- -- 372 SOFT. -.21791ACIEES BI \ .'•'. I.•• ACRES ,,. '..- ~.. ' ,ry' iW OR FORMERLY .a 1v -- I EXHIBIT -- \, ' TNOYAs A BRa6N " ifs. a"�•N:1493-33-7835 V '' / F SHOWING PROPOSED/� >i� 1' •TR.12o180321000232120) , g y."''1 p^a.y. i RESUBDIVISION i i,N"' ' OF PROPERTY OF r AIC 6-,,�4 Ll'itti44, In, I THOMAS A. BROWN s' N6VA1E EASEIEIIf 15.0' ` i (7YptD KNOWN AS SIN0141SION �`•� PARCEL SSpp',,F2 °'4.., I 0 2892 INDIAN RIVER ROAD 1, 9EYYlAGEIX \ }�' t.876'AWEs NCI�FOR1ERLY ''�RAARR•� ' _ ; '' $N^ (GPIN: 1493-34-6500) (xSIR.i100504260060987) i NOVAS A BROWN :, y, W e" ^ (M.B. 46, P. 1) 78 ‘ . I GPM:1493-33-5697 Q gym..', L AND ,(91S1R.Q0160 onoo185800;,•':' .2 - r .i,.-. E 4 NB 21,P.61) - o ' g aaaair B GEORGIE WILSON 1.44 AC. PARCEL 81 - i • � / o8 NN (GPIN: 1493-33-5697) (INSTR./201e041900O313750) � ; :�' li ; x c� (M.B. 24, P. 84) s \, ' //1 4 ^ ,g,14 > z AND PROPERTY OF -C LANE - ,i/�/ t /4 ,,;z W THOMAS A. BROWN ��,- _� �Rp121g76g2m.'ao-3 I6 y ` /', '' , KNOWN AS (N5WTUlH Ala ' N tO; ' 2888 INDIAN RIVER ROAD (NIT./2001072Y1114742-om) /401 �'' ' , Now OR FawERLY (GPIN: 1493-34-8082) —.___ // /OTY OF NROMA[EACH x ,` / M.B. 62, P. _- - �f/f///�i�L� �, p��N� ,, TR.I N93-33-7394 , ( 43) _T{'//�� (NSGP94: 149333-739930), AND ' r / J.C. DAVIS PARCEL 2 AC.± � ��I` ,. / (GPIN: 1493-44-0216) l PARCEL 1 :3'' / --—- (M.B. 62 AND P. 43) ;a :c' r 1/ WEST NECK 4.77 ACRES I '•C / (GPIN: 1493-33-9800) rI 11 / I 1 (INSTR. 20191011000862740) �i ' . , / r I 1 AND WEST NECK PARCEL , . , � r / // (GPIN: 1493-44-0002) / (INSTR.#20190925000B14370) 1 1 i i VIRGINIA BEACH, VIRGINIA i NOW OR FORMERLY I ��- / DATE: MARCH 3, 2023 �.,Vii WICWAS A BRWN ' +S'-cft'a GPIN:1493-34-6500 r SCALE: NOT TO SCALE / (94510./202009010001318970) PROJECT 180219 1 Hayden Frye and Associates,Inc. r , Land Surveyors INDIAN RIVER(VAR.R/W)ROAD 7111GLL.ABEACH.'SAt1W2 . VIRGINIA MACH.VA.21142 PK(757)491.7228 FX(757)491-7229 94 ITEM— VII.L.2 PLANNING ITEMS ITEM#74445 The following registered to speak: Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT Upon motion by Council Member Henley, seconded by Council Member Holcomb, City Council APPROVED,AS CONDITIONED,AS REVISED, application of THOMAS A.BROWN for a Variance to Section 4.4(b) & (d)of the Subdivision Regulations re reconfigure the boundaries of four(4) existing parcels at 2888 Indian River Road DISTRICT 2 (Deferred from June 20, 2023) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THOMAS A. BROWN for a Variance to Section 4.4(b) & (d) of the Subdivision Regulations re reconfigure the boundaries of four (4) existing parcels at 2888 Indian River Road(GPINs 14933480820000, 14934402160000, 14933398000000, 14934400020000) DISTRICT 2 (Deferred from June 20, 2023) The following conditions shall be required: 1. The applicant/owner shall submit a resubdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning& Community Development prior to recordation, which shall be in substantial conformance to the submitted plat entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known as 2892 Indian River Road and'B'Georgie Wilson 1.44 Ac. and Property of Thomas A.Brown Known as 2888 Indian River Road and J.C.Davis Parcel 2 Ac.+and West Neck 4.77 Acres and West Neck Parcel" dated March 3, 2023, prepared by Hayden Fiye and Associates, Inc. Land Surveyors (the "Exhibit'), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 2. With the Resubdivision Plat, the applicant/owner shall be required to create the private road right of way substantially as depicted on the Exhibits which (a) widens the existing 15' Private Road that will serve the seven (7) parcels to twenty-five (25)feet in width; (b) includes a realigned and wider than twenty(20)foot paved street section of the private road within one-hundred(100)feet of its intersection with Indian River Road to create, as nearly as possible an intersection at right angles, and in no event at less than sixty (60) degrees; and(c) record a Declaration of Private Ingress/Egress and Maintenance Easement binding upon all seven (7) parcels, along with the dedication of a Public Utility Easement. The Declaration of Easement shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision Review Process. The only vehicular access to the seven (7) lots shall be from the Private Road. 3. A turn-around or hammerhead at the terminus of the Private Road shall be constructed in accordance with City standards prior to the sale of the first parcel. July 11, 2023 95 ITEM— VILL.2 PLANNING ITEMS ITEM#74445 (Continued) 4. The Private Road shall be improved by the applicant with a hard surfaced road that conforms to the Virginia Statewide Fire Prevention Code for fire apparatus access. The road surface must be a minimum of 20'wide and able to support eighty-two thousand(82,000)pounds of vehicle loading and be an all-weather surface. Fire apparatus must be able to reach the most exterior wall from an approved surfaced roadway which is within one-hundred fifty (150) feet. The Declaration of Easement shall mandate that when improved with a residence, each of the seven (7)Parcels served by the Private Road shall be responsible for an equal share of the costs of maintaining the Private Road. 5. The applicant/owner will retain, and if necessary, supplement, a 30' treed Buffer Preservation Easement on existing Parcel 3 and proposed Parcels 2, 4 and 5 along those boundary lines as depicted on the Exhibit. The Buffer Preservation Easements shall be depicted on the Resubdivision Plat, which along with the Easement Agreement shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision review process. 6. The applicant/owner shall be responsible for extending City sanitary sewer service accessible to each parcel as a condition of approval of the Resubdivision Plat and whenimproved, each parcel shall connect to City sanitary sewer service in a manner subject to approval by the City of Virginia Beach Department of Public Utilities. 7. The applicant/owner shall record a thirty-five thousand seven hundred thirty-two (35,732) square foot Natural Area Preservation Easement establishing a preservation area located on the northeastern most portion of Parcel 5 substantially as depicted on the "Exhibit". 8. The seven (7) lots that must be accessed from the proposed private road shall be submitted as a comprehensive (multi-lot) site plan to address any proposed infrastructure including stormwater management and public utilities. 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 11`J'day of July Two Thousand Twenty Three. July 11, 2023 96 ITEM— VILL.2 PLANNING ITEMS ITEM#74445 (Continued) Voting: 10-0 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 P D H 1 _ a PD 1 PDittli H � c ' J .1 � Q QD4- -H1 R/ PD , 1 PDH1 ,Q Qi a0 PD�H-1 Via, �; *- Q 1Q A ` _t ;QQ v Q Lc:j! AG1 QQ: , ; /9J' Q/ 11 \JH1 , --- ,ill ro ---- ,'-i' i \37 AG�1 gi ///// ,h \\\ 411 j AG2 r °PDH11--___ 3 , / I 0/12 - ' .n /n i// i ,/� 7 ----------\. N Thomas A. Brown vd, Site w.,l ki Property Polygons 2888 Indian River Road, parcel north of Apr, e 2888 Indian River Road, and two parcels on the east s Zoning Building side of a 15-foot wide private Lane, north of Indian River Road Feet 0 40 80 160 240 320 400 480 NOW CR FORMERLY CITY OF NRGNIA BEACH S7228'491 GPIN: 1493-43-2693 7 (NSTR.120140905004337870) 11114 MIN b'YSW. ,30'Tree&BA Z4 I F r.e S4YJ cZ,5,im Ex t�@✓se r ,� y$ ,SUBDINSION OF .Ti N11AGE F Or Q,�% / WEST NECK % .1, . (MSTR.+20190925000814370) r fYl e'fJ�" ?{Qs-P c.'t4ti oll 1 ,cavy, 46 +s / 44 43 44 . . ' Z * ��- PARCEL 5 v 4��r - 9h KIC�,r,'I 1115,976 SOFT. h i , 2662 ACRES PROPERTY UE e'477 if i .,` EST/MUSHED g , ,' I NOW OR FORMERLY q4 + , , TH0YA5 A BROW _ g" '1�• fr_ `,�/ I (FIN:1493-33-9800 - l'.•• � / ,(INS7R.12p191011000B61740 l 93 :— �, 1 PROPERTY LNE SUBOIASNNI a NOW OR FORMERLY -+ ; (o 8Z p5 / HEREBY ESTAEUSED VAlA(f F THOMAs A BROW ;.d TO BE VACA�, 1 OA WEST NECK GPM:1493-44-0216 •1'.. r._1 1� NSTR. 190925000814370 C'''' •20170616000699600) , •11, ( /� ) rM.B.62,P.43) •C'%y� '� , NOW 0R FORMERLY �1 �i 92 ,,, ; CITY OF MRGMIA BEACH GPM:1493-43-2693 1 M044 OR FORMERLY RLY - PARCEL 4 ,•!C PRL-0E- 5C (NS1R.t10140905000837670) 7HOMAS A BROW • woe SOFT. CIA:1.192 ACRES lz I50' , 1111 TTnn Mk 14 93-3 4 403 2 i;. / (INS1R.p0200323000267600) rr , M.B.61,P.43) 91 - { 16EBY VACATED:$' I PARCEL 6 N r+ , 63,193 SOFT. + /00 4 •', 15.0' i 1.461 ACRES 90 .4,, 00�' 'y r' I r"lair \ 89 91 4, i�• I�.• 1FD ' • OR FORMERLY �. ••• I AS A.BROW ••%' I 88 , 1493-J}7721 ��i•' ,'w:' , HEREBY PROPERTY -.I2a909150006N770) 1' `.11NG 15'PRIMATE 1MW ,:,f PARCEL 7 ' • ARCEL 3 r': 94,9231'SOFT. ----- 372 SOFT. 0 2.1791ACES i RI ,0.996 RFORMOAgESW "�"a` �o' ." , EXHIBIT N:1493-33-7835 ??• Cr_Q , o ,Ni I A: SHOWING PROPOSED 111 „� :,R.1201BG3210 0232120) ; a' 0 0.a = RESU BDIVISION o . o ' -:P OF PROPERTY OF • R SAND 8 LPitoority7r ` THOMAS A. BROWN PRIVATE U TY EASEMENT• :01 15.0' 2 1 (nPY � KNOWN AS 9 PARCEL 2 •`• ' 2892 INDIAN RIVER ROAD SOBa FOF :O: T1W SOFT. 0,p „-+• , o TEST NEIX 6,I5'ACRES •; 8 <�; '- S,v^ (GPIN: 1493-34-6500) o I NOW OR FCRIERLY $•••P 1 ro (NsiR.110050+160060881) I 7HOMA5 A BROW I(yI ��' N (M.B. 46, P. 1) 78 \ m ; GPM:1493-33-3697 9 4 mh o a AND ,(MS11 80307000165800 i•%' ` ' Si . - I— H 4 -------A___ ; Mb.24,P.84) ,.V ' a¢a�a B GEORGIE WILSON 1 44 AC. PARCEL K1 4• v4� / 'Ilk ~cb., . (GPIN: 1493-33-5697) '� �:� �� . m (M.B. 24, P. 84) (INs11141018041B00031J7so) , �.� 3y�� , � p 4 / ��a �A�� i z AND 4:1a . H m' PROPERTY OF PINE LANE ' ,,, _I � A N W THOMAS A. BROWN r MATE WGRESSAGREss :.• �j M51.Wei 701]�6(F3FIA 6 //' �:, ` '3 i .`y KNOWN AS JR.+ 01,4I - // •, ;• N / �� o; I 2888 INDIAN RIVER ROAD mg.i/DM0n60na42-BLm) // t � / Now CR KNURLY (GPIN: 1493 34-8062) — —— I��rJ/ � * ` :o1•14�M'+i � S Cr WOW 7394 62, P. 43�j////��/J�//�J/ 4 GPIN:1493-3}73s+ I N.B.( ) y///�/�/ '6 / (Nsw.I101s1B13000996930), AND 1 1 � ., ,;; / J.C. DAVIS PARCEL 2 AC.± / `�y� ; p�� I (GPIN: 1493-44-0216) .'� / (M.B. 62 P. 43) % 1 PARCEL 1 c 1 AND 1.4 'c / WEST NECK 4.77 ACRES / 'lip C / (GPIN: 1493-33-9800) ..../ / f f (INSTR.#20191011000862740) I 1 AND !f ; � ' WEST NECK PARCEL .. / I/ (GPIN: 1493-44-0002) I / (INSTR.H20190925000814370) / VIRGINIA BEACH, VIRGINIA • ter' ; NOW OR FORMER16 DATE: MARCH 3, 2023 ' gi vi�,I:;' 7HpIA5 A BRORM F ;;;; GRIM:149}J4-6500 / / / SCALE: NOT TO SCALE / n •F (MSTR.p0200904000818970) / / I PROJECT 180219 �'Vi! (6.8.46,P.I) / I I 1 ' Hayden Frye and Associates,Inc. Land Surveyors ' 333 KELLAM ROAD,SUITE 250 INDIAN RIVER(Via RA/ROAD ' VOL(:(N(A BEACH,VAS 21462 - , PH:(757)491.7228 FK:(,57)491-7229 97 ITEM— VILL.3 PLANNING ITEMS ITEM#74446 Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of SARAH LONG/BRIXMOR GA HILLTOP PLAZA, LLC for a Conditional Use Permit re tattoo parlor at 523 Hilltop Plaza Shopping Center DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SARAH LONG/BRIXMOR GA HILLTOP PLAZA,LLC for a Conditional Use Permit re tattoo parlor at 523 Hilltop Plaza Shopping Center(GPIN 2407678925)DISTRICT 6 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(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 11 th day of July Two Thousand Twenty Three. Voting: 10-0 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 and Sabrina D. Wooten Council Members Absent Vice Mayor Rosemary Wilson July 11, 2023 'F75 `� 82s i2 : -_ __ 73 �:, , ~ cv k 'fc' \B2 - ik9_ f_____ -" \ \CV‘ \i„VItO \ ---- ,, ....- \° ---'? ' ).----- !2 ''., , r ,— P _ � tit g L\-------C::Y\ ' B2 if - • - �is \ yam~ G } '1, 0 t�wyy __ l B 2 , - i - ------- „_-_-.> , .____ , r_,, ,we---- ..„.,____-, , .__ _. -_ , ...,, , \„I: V:1----\ . TEr°---- -'a-----------1. ----------- 'Fig\ C3 \\c) B2 \ \ o.,,.r aY 1= 0 S. \ \ ..._we(opy___. CC )6 B 7:::P-- to . tit�t� rt 8Aokti ?) CID: o 140to -7 - r A Site ``. 1/ i Property Polygons Sarah Long 5 Q Zoning 523 Hilltop Plaza Shopping Center Building Feet 0 50100 200 300 400 500 600 98 ITEM— VILLA PLANNING ITEMS ITEM#74447 Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council APPROVED,AS CONDITIONED, BY CONSENT, application of ALAN BELL/ALAN AND KAREN BELL for a Conditional Use Permit re home occupation — retail sales at 2624 South Kings Road DISTRICT 8 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ALAN BELL/ALAN AND KAREN BELL for a Conditional Use Permit re home occupation — retail sales at 2624 South Kings Road (GPIN 1497660064)DISTRICT 8 The following conditions shall be required: 1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives(ATF) in order to conduct business. 3. All small arms ammunition,primers, smokeless propellants, and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the businesses on the exterior of any building on the property or within the yard of the property. 5. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 6. In accordance with Section 234 (d) of the City Zoning Ordinance (CZO), the use shall not create noise, dust, vibration, smell, glare, electrical interference,fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 7. No more than twenty (20)percent of the floor area of the dwelling unit shall be used in conduct of the activity. July 11, 2023 99 ITEM— VILL.4 PLANNING ITEMS ITEM#74447 (Continued) 8. There shall be only one(1) employee associated with this home-based business. 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 11`l'day of July Two Thousand Twenty Three. Voting: 10-0 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 ter- 11•1010°f 0 0 tre too, • / in d __ --- _-_---Kings o R1.5. V Site \. -6\6 Property Polygons Alan Bell " <i> I Zoning 2624 South Kings Road Building Feet 0 510 20 30 40 50 60 100 ITEM— VILL.5 PLANNING ITEMS ITEM#74448 Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of FITNESS VENTURES, LLC/ CHIMNEY HILL CENTER VIRGINIA BEACH, VA.LIMITED PARTNERSHIP for a Conditional Use Permit re indoor recreational facility at 799 Chimney Hill Shopping Center DISTRICT 10 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA FITNESS VENTURES, LLC/ CHIMNEY HILL CENTER VIRGINIA BEACH, VA. LIMITED PARTNERSHIP for a Conditional Use Permit re indoor recreational facility at 799 Chimney Hill Shopping Center (GPIN 1486542283) DISTRICT 10 The following conditions shall be required: 1. The exterior of the building shall be in substantial conformance with the appearance, size, color, and materials shown on the submitted elevations entitled "CRUNCH FITNESS— 799 CHIMNEY HILL SC, VIRGINIA BEACH, VA 23462, CONSTRUCTION DRAWINGS, OVERALL EXTERIOR ELEVATIONS", dated November 17, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 3. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All exterior building signage shall comply with the requirements of the City Zoning Ordinance (CZO), unless authorized by the Board of Zoning Appeals. 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 11 t day of July Two Thousand Twenty Three. July 11, 2023 101 ITEM— VII.L.5 PLANNING ITEMS ITEM#74448 (Continued) Voting: 10-0 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July ll, 2023 - A(r ------- -E-321 , Ai'2 _'m &Jr / hvg_ E zri ii iu 7 1 ,j i_A-11 pg. „. 1/ ---------"---�� ____ , B2 ,„ r ---_----„ z. B 2 __,:,,,„, ____ A 02 4-- ---, LE 4-9 ' --'-',-45',.._-- -70- (Z - _ -��eI1C``` ' _2 ,• KSS n: ititiim , Z B' h a �`A 1 4'�RS r,fir; 7 '� , /40`)97 / ! i -------..y0: . ; / , ----'-)>-:-. rnbilat#41,'.," './ /1 ' i fiyr ' A 12 �r B" r! I lAD/ Z-1/ -,,,..„'-, +` I RSC V 1//' ttj i K.' -------/--/ ,B •i \,,) 0 44cr fr• 0 1 -------------___ / / 0, /#,- 1, 1 % CO r! j A18 z ,,,..// ,, - .4e 1 ' B2 • </' / ; . Al 2 / ' , ,,-<,/ ciaii?„../$ / r 7 l / 00,4 //// / r� 0 1/8 ' z- '-' -'), ''' ''''Clikil le R,\,i/,7p, :15760 f 740i'-,410/((��; kr//S/i/o,,,/ /li L j(I4' /,/ r - •_._�F�(-'a4 - �/r ,'� , ,l( / r I!i / i ,ffl,, PtH 1 y7--4---0- 49. 0 .,/ i �� Site to- \ i i Property Polygons Fitness Ventures, LLCM ' Q Zoning 799 Chimney Hill Shopping Center Building Feet 0 50100 200 300 400 500 600 102 ITEM— VILL.6 PLANNING ITEMS ITEM#74449 Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council APPROVED,AS CONDITIONED, BY CONSENT, application of DIANE D. KITTS for a Conditional Use Permit re short tern rental at 303 Atlantic Avenue Unit 1405 DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA DIANE D. KITTS for a Conditional Use Permit re short term rental at 303 Atlantic Avenue Unit 1405(GPIN24273224032450) DISTRICT 5 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed 303 Atlantic Avenue Unit 1405 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 not 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. July 11, 2023 103 ITEM— VILL.6 PLANNING ITEMS ITEM#74449 (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. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of the Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1-Million. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of 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. July 11, 2023 104 ITEM— VILL.6 PLANNING ITEMS ITEM#74449 (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. July 11, 2023 105 ITEM— VILL.6 PLANNING ITEMS ITEM#74449 (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 11 th day of July Two Thousand Twenty Three. Voting: 10-0 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 ______--1 '; \ \ \,_____„_-----------Slj- "„ \ 1 • R '� , `� treet At �y / I 4.th ti ,\ i r,r- t , i ii t,, fir/ ( 1:/\ i 111 ,1 ��—yam ' +� ti�ti 11toi I V ? ' 007 f / / l l 1 / n tit II OR i �'\BCD\ ♦♦♦♦ 1 / 4Zr r if \\! / / III ''' ;, (1),‘ 4 s \ # ,1-... _ ; \ 1 4', rd Street IF A- reef_ A R T3 3-0 t= _ \ .. ti a R ,,\ r' \ \___OR_ t` 4t 1 4 r 4 Site Property Polygons Diane D. Kitts g Zoning 303 Atlantic Avenue, Unit 1405 Building feet 0 20 40 80 120 160 200 240 106 ITEM— VILL.7 PLANNING ITEMS ITEM#74450 Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council APPROVED,AS CONDITIONED, BY CONSENT, application of JIM L UTZ/MEL VIN EATON for a Conditional Use Permit re short term rental at 917 Pacific Avenue Unit D DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JIM LUTZ/MELVIN EATON for a Conditional Use Permit re short term rental at 917 Pacific Avenue Unit D (GPIN 24272444111100)DISTRICT 5 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed 917 Pacific Avenue Unit D 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 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. July 11, 2023 107 ITEM— VILL.7 PLANNING ITEMS ITEM#74450 (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. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of the Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1-Million. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of 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. July 11, 2023 108 ITEM— VILL.7 PLANNING ITEMS ITEM#74450 (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. July 11, 2023 109 ITEM— VILL.7 PLANNING ITEMS ITEM#74450 (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 11`J`day of July Two Thousand Twenty Three. Voting: 10-0 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 \\\ \\ II �I\ 5 II S I1 I 1 \ \ Q, OR ', 7/7 _' \ .G \ e / • . c R , a. . , __------/ \ ) '', le" \ 17, ' , .0 - /„...------- A th �teeet --_-. � N �_ 9 Norfolk Avenue o \\\� ` coo r/ Site w :8 i Property Polygons Jim Lutz 1'1 17-1 Zoning 917 Pacific Avenue, Unit D Building Feet 012 in n0 75 100 125 1n0 110 ITEM— VILL.8 PLANNING ITEMS ITEM#74451 Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of JAMES & LORI JONES for a Conditional Use Permit re short term rental at 1722 Baltic Avenue DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JAMES& LORI JONES for a Conditional Use Permit re short term rental at 1722 Baltic Avenue (GPIN 24270730526770) DISTRICT 6 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed 1722 Baltic 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. 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. July 11, 2023 111 ITEM— VILL.8 PLANNING ITEMS ITEM#74451 (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. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of the Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1-Million. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of 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. July 11, 2023 112 ITEM— VII.L.8 PLANNING ITEMS ITEM#74451 (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. July 11, 2023 113 ITEM— VILL.8 PLANNING ITEMS ITEM#74451 (Continued) 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 11`i`day of July Two Thousand Twenty Three. Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor RobertM.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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 F _ OR .�_ h tre t S �,� S e y-'r OR 18t == Y t eet \� _ t� r SU eet----- --- -- ir '' 0 \ \\ 1 ath I. / \ II� G ,\ 'I , \ .,,\ OR ` _ _ R fria \ 1 • t \ \\\ �, , �/' scree � t'1a t „,fy ,tl ATt � , 1 t it et �' .ti ', `{ Sire 7 17th "aals ' , \ OR ., 1 \ \\4 �r S t , -1 r41 Site w Property Polygons James & Lori Jones s Q Zoning 1722 Baltic Avenue Building Feet 012.525 50 75 100 125 150 114 ITEM— VILL.9 PLANNING ITEMS ITEM#74452 Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council APPROVED, BY CONSENT, Ordinance to AMEND City Zoning Ordinance(CZO)Section 106 re notice by the Board of Zoning Appeals Voting: 10-0 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 1 AN ORDINANCE TO AMEND SECTION 106 2 THE CITY ZONING ORDINANCE 3 PERTAINING TO NOTICE BY THE BOARD 4 OF ZONING APPEALS 5 6 Section Amended: § 106 of the City Zoning 7 Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare, and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 106 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 106. Appeals and variances. 19 20 (a) The board of zoning appeals shall hear and decide appeals from any order, 21 requirement, decision, or determination made by an administrative officer in the 22 administration or enforcement of this ordinance. An appeal shall be filed with the 23 zoning administrator, and include the grounds of appeal, within thirty (30) days of 24. the date of the decision appealed, unless the notice of violation involves temporary 25 or seasonal commercial uses, parking of commercial trucks in residential zoning 26 districts, or similar short-term recurring violations, in which case the appeal period 27 is ten (10) days from the date of the notice of violation. All decisions not timely 28 appealed shall be final and unappealable. In addition thereto, the board shall have 29 such other powers and duties as are set forth in Code of Virginia, § 15.2-2309; 30 provided, however, that the. board shall have no authority to hear and decide 31 applications for conditional use permits, and provided further, that written notice as 32 . prescribed in Code of Virginia, § 15.2-2204 shall be given at least fifteen (15) days 33 prior to the hearing before the board. Notice shall be published once a week for 34 two successive weeks in a newspaper having general circulation in the City ("two 35 successive weeks" means that such notice shall be published at least twice in 36 such newspaper, with not less than six (6) days elapsing between the first and 37 second publication). The first notice shall be published no more than fourteen 38 (14) days before the intended adoption. The cost of the public notices required by 39 Section 15.2-2204 of the Code of Virginia shall be charged to the applicant. 40 41 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day of July , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: a * s C lanning Department City Attorney's 0 ice CA16150 R-2 April 18, 2023 115 ITEM— VII.L.10 PLANNING ITEMS ITEM#74453 Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council APPROVED, BY CONSENT, Ordinance to AMEND City Zoning Ordinance (CZO) Sections 1605 and 1609 re notice and permits for Coastal Primary Sand Dune Applications Voting: 10-0 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 1 AN ORDINANCE TO AMEND SECTIONS 2 1605 AND 1609 THE CITY ZONING 3 ORDINANCE PERTAINING TO NOTICE AND 4 PERMITS FOR COASTAL PRIMARY SAND 5 DUNE APPLICATIONS 6 7 Sections Amended: §§ 1605 and 1609 of the 8 City Zoning Ordinance 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 Sections 1605 and 1609 of the City Zoning Ordinance are hereby amended 17 and reordained to read as follows: 18 19 Sec. 1605. Public hearing procedure on permit applications [coastal primary sand 20 dune permit applications]. 21 22 Not later than sixty (60) days after receipt of a complete application, the 23 Wetlands Board shall hold a public hearing on the application. The applicant, city 24 council, commissioner, owner of record of any land adjacent to the coastal primary sand 25 dunes in question, the Virginia Institute of Marine Science, the Department of Game and 26 Inland Fisheries Wildlife Resources, the State Water Control Board, the Department of 27 Transportation and any governmental agency expressing an interest in the application 28 shall be notified of the hearing. The Board shall mail or email these notices not less than 29 twenty (20) days prior to the date set for the hearing. The Board shall also cause notice 30 of the hearing to be published at least once a week for two (2) weeks in the seven (7) 31 days prior to such hearing in the newspaper having a general circulation in the City of 32 Virginia Beach; (ii) post a notice of the hearing on its website at least fourteen (14) days 33 prior to such hearing; and (iii) provide a copy of such notice to the Commission for 34 submittal to the Virginia Regulatory Town Hall. The costs of publication shall be paid by 35 the applicant. In the event that the board submits a correct and timely notice for 36 publication:and the newspaper fails to publish the notice or publishes the notice 37 incorrectly, the board shall be deemed to have met the notice requirements of this 38 subsection as long as the notice is published in the next available edition of such 39 newspaper. The applicant shall also erect, on the property which is the subject of the 40 hearing, a sign of a size, type and lettering approved by the board. One such sign shall 41 be posted within ten (10) feet of every public street adjoining the property, and within 42 ten (10) feet of any body of water or waterway less than five hundred (500) feet wide 43 adjoining the property or in such alternate location or locations as may be prescribed by 44 the planning director. Such sign shall be erected not less than thirty (30) days before the 45 Wetlands Board hearing and shall state the nature of the application and date and time 46 of the hearing. Such signs shall be removed no later than five (5) days thereafter. The 47 placement of the required signs shall not be applicable to sand management permits. In 48 any case in which the Wetlands Board determines that the requirements of this section 49 have not been met, the application shall be deferred or denied. 50 51 . . 52 53 Sec. 1609. Permits to be in writing; and signed and notarized. 54 55 The permit shall be in writing; and signed by the chairperson of the Board and 56 notarized. A copy of the permit shall be transmitted to the commissioner. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day of July , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (bYGtly� lanning Department City Attorney's Office CA16152 R-2 May 8, 2023 116 ITEM— VILL.11 PLANNING ITEMS ITEM#74454 Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council APPROVED, BY CONSENT, Ordinance to AMEND City Zoning Ordinance (CZO) Sections 1405 and 1409 re notice and permits for Wetlands Applications Voting: 10-0 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 1 AN ORDINANCE TO AMEND SECTIONS 2 1405 AND 1409 THE CITY ZONING 3 ORDINANCE PERTAINING TO NOTICE AND 4 PERMITS FOR WETLANDS APPLICATIONS 5 6 Sections Amended: §§ 1405 and 1409 of the 7 City Zoning Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare, and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 1405 and 1409 of the City Zoning Ordinance are hereby amended 16 and reordained to read as follows: 17 18 Sec. 1405. Public hearing procedure on permit applications [wetlands permit 19 applications]. 20 21 Not later than sixty (60) days after receipt of a complete application, the 22 Wetlands Board shall hold a public hearing on such application. The applicant, the city 23 council, the commissioner, the owner of record of any land adjacent to the wetlands in 24 question, known claimants of water rights in or adjacent to the wetlands in question, the 25 Virginia Institute of Marine Science, the Department of Game and Inland Fisheries 26 Wildlife Resources, the Virginia State Water Control Board, the Department of 27 Transportation, and any governmental agencies expressing an interest therein shall be 28 notified of the hearing. The Board shall mail or email such notices not less than twenty 29 (20) days prior to the date set for the hearing. The Board shall also cause notice of the 30 hearing to be published at least once a week for two (2) weeks in the seven (7) days 31 prior to such hearing in a newspaper of general circulation in the City of Virginia Beach. 32 LOpost a notice of the hearing on its website at least fourteen (14) days prior to such 33 hearing; and (iii) provide a copy of such notice to the Commission for submittal to the 34 Virginia Regulatory Town Hall. The published notice shall state that copies of the 35 application may be examined in the planning department. The costs of such publication 36 shall be paid by the applicant. In the event that the board submits a correct and timely 37 notice for publication and the newspaper fails to publish the, notice or publishes the 38 notice incorrectly, the board shall be deemed to have met the notice requirements of 39 this subsection so long as the notice is published in the next available edition of such 40 newspaper. The applicant shall also erect, on the property which is the subject of the 41 hearing, a sign of a size, type and lettering approved by the board. One such sign shall 42 be posted within ten (10) feet of every public street adjoining the property, and within 43 ten (10) feet of any body of water or waterway less than five hundred (500) feet wide 44 adjoining the property or in such alternate location or locations as may be prescribed by 45 the planning director. Such sign shall be erected not less than thirty (30) days before the 46 Wetlands Board hearing and shall state the nature of the application and date and time 47 of the hearing. Such signs shall be removed no later than five (5) days thereafter. In any 48 case in which the Wetlands Board determines that the requirements of this section have 49 not been met, the application shall be deferred or denied. 50 51 52 53 Sec. 1409. Permits to be in writing, signed, nd no arized 54 55 The permit shall be in writing; and signed by the chairperson of the Board or an 56 authorized representative and notarized. The Board shall transmit a copy of the permit 57 to the commissioner. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 t h day of July , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: toy\ lanning Department City Attorney s Office CA16151 R-2 April 18, 2023 117 ITEM— VILM APPOINTMENTS ITEM#74455 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT AD VISOR Y COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD July 11, 2023 118 ITEM— VII.M APPOINTMENTS ITEM#74456 Upon NOMINATION by Council Member Henley, City Council APPOINTED: ASHLEYMCCLEOD Unexpired term thru 6/30/2025 ARTS AND HUMANITIES COMMISSION Voting: 10-1 Council Members Voting Aye: Michael F. Berlucchi,Mayor RobertM.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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 119 ITEM— VILM APPOINTMENTS ITEM#74457 Upon NOMINATION by Council Member Henley, City Council APPOINTED: MATT M. GUEYE ANN C.MITCHUM (Student Members) One year term 7/11/2023—6/30/2024 GREEN RIBBON COMMITTEE Voting. 10-1 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 120 ITEM— VII.M APPOINTMENTS ITEM#74458 Upon NOMINATION by Council Member Henley, City Council APPOINTED: RAMONA D. TA YLOR Unexpired term thru 3/31/2024 Plus three year term 4/1/2024—3/31/2027 HUMAN RIGHTS COMMISSION Voting: 10-1 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 121 ITEM— VILM APPOINTMENTS ITEM#74459 Upon NOMINATION by Council Member Henley, City Council APPOINTED: UROS JOVANOVIC (City Employee) No Term TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS Voting: 10-1 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 and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson July 11, 2023 ws■�'G 122 ADJOURNMENT ITEM#74460 Mayor Robert M.Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 6:56 P.M. Terri . u Chief Deputy City Clerk nda Barnes,MMC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia July 11, 2023 123 OPEN DIALOGUE The following registered to speak. Bobby Bastidas, 320 33rd Street, Phone: 348-6758, spoke concerning his homelessness situation and requested City Council's assistance. George Keen, 1112 Ditchley Road, Phone: 428-6794, expressed his opposition to fee increases for recycling services. Mike Mallory, did not respond Gayle Johnson, 3306 Oceanfront Avenue,Phone:513-7555, requested information regarding the definition and requirements for home sharing. Walter Camp, 4692 Berrywood Road, Phone: 576-1006, expressed his appreciation to City Council for recent changes made to increase student membership on many of City Council's Appointive Agencies. Richard Ogburn, spoke to request additional pickleball courts in the City. Phillip Newallo, 1029 Smoke Tree Lane,Phone: 714-5195, spoke in opposition to changing the City's election system. Donna Speller-Turner, 1624 Tallwood Manor Court, Phone: 285-3820, requested City Council enforce fencing requirements for the 7/11 at Newtown Road and Princess Anne Road. Georgia Allen, 4649 Merrimac Lane, Phone: 405-6240, spoke to recognize Asbury Christian Fellowship Church for also contributing funding for the Pleasant Ridge School restoration project. ADJOURNED AT 7:28 P.M. July 11, 2023