HomeMy WebLinkAboutAUGUST 20, 2024 FORMAL SESSION MINUTES 4GtNu•B�e
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O`OUN NATO
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
AUGUST 20,2024
Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference
Room, Tuesday,August 20, 2024 at 3:30 P.M.
Council Members Present:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
David Hutcheson- Vacation
2
CITY COUNCILS BRIEFINGS
AFFORDABLE CHILDCARE
ITEM#76009
1:31 P.M.
Mayor Dyer welcomed Dr.Jane Glasgow, Executive Director for Minus 9 to S-Eastern Virginia Medical
School and Barbara Lito, GrowSmart Coordinator—Economic Development.. Dr. Glasgow expressed her
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 Dr. Glasgow and Ms.Lito for the presentation.
August 20, 2024
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illiorl. vft-Loi
In!-st economic benefit
due to insufficient
childcare in Virginia.
..,
Affordable Child Care in Hampton Roads
Minus 9 to S
Jane Elyse Glasgow, PhD, Virginia Health Services at ODU
MACON IL JOAN BROCK VIRGINIA HEALIH SCIENCES
Minus 9 to 5
"' OLD DOMINION UNIVERSITY
M 4CON L JOAN BROCK VIRCINIA HEAITH SCIENCES
Minus 9 to 5 Minus 9 to 5
- " Ot U DOMINION UNIVERSITY
Vision: Each family in Hampton Roads is equipped and supported to raise
children who are healthy, thriving, and ready to learn.
❖Focusing on cities of Chesapeake, Norfolk, Portsmouth, Suffolk, and Virginia Beach
Building better systems via: Striving for better outcomes:
• Increased public awareness • All families have a choice when it comes to early
• Better access and availability to services education environments
• Equitable access to high-quality early • Early care and education is affordable for all
learning opportunities and • Increased kindergarten readiness
environments • Fewer kindergarten retentions
• Increased alignment and coordination • Higher wages and more incentives for early
between cities and within the region childhood educators
va
READY
REGION
Southeastern
Ready Regions&Lead Organizations' • •
1. Ready Region Southwest-Untied Way of Southwest Virginia Q • •
2.Ready Region West-United Way of Roanoke Valley • •
3.Ready Region Southside-Center for Early Success O
4.Ready Region Central-Thrive Birth to Five • •
S.Ready Region Southeastern-EVMS Minus 9 to 5
6.Ready Region Chesapeake Bay-FksLSpark • • . . • •
•
7. Ready Region Capital Area-Fairfax County Department of
Neighbomwd and Community Services ff
E.Ready Region North Central-Foundation First •
9.Ready Region Blue Ridge-United Way of Greater Charlottesville
` • . .
1
Ir � •
III► , •
'Although one organization is IdentKed as the Ready Region lead,they must partner with school divisions,social and human services,quality improvement networks,early childhood care �
and education(ECCE)programs,and other organizations Involved In Virginia's public-private network focused on the coordination and Integration of cmlcal services and resources for
families with young children.
Why It Matters for Children and Families
• 40% of VA kindergartners aren't school ready (2022-23 school
year)
• 56% of kindergartners from low income households are not
school ready
• Quality early childhood education correlates strongly with
higher graduation rates
• Increased readiness leads to workforce readiness and less
dependence on social services later in life.
ve
Potential Demand for Care
Total of 74,684 children under 5 in Southeastern Region
• 68% of Virginia children have all
Number of Children • - available parents in the workforce
Virginia Beach 26,518 • 66% of Ready Regions Southeastern
Chesapeake 14,991 children have all available parents in
Norfolk ' '"' the workforce
Highest
Isle of White County .. Isle of Wight County: 83%
Accomack M 1,678 Southampton County: 80%
Southhampton County 0 74Franklin City: 78%
Lowest:
Portsmouth City: 56%
1 5000 10000 15000 20000 25000 30000
Series 1 Virginia Beach City: 65°0
Northampton County: 66%
29.,000 children <200% FPL in RR Southeastern
Estimated Number of Children under 200% FPL - 2022
Southhampto...
Northhampto... M 290
Franklin 610
Isle of Wight 670
Accomack 1,040
Suffolk 2,010
Portsmouth 3,700
Chesapeake 4,930
Norfolk 7,630
Virginia Beach 7,860
0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000
Sources: 2017-2021 American Community Survey; estimated number of children obtained by multiplying 2022 U.S. Census via
Bureau population estimate for children 0-4 by ACS proportion of children with family incomes <200% FPL.
74,700
49,300 49,333
licensed capacity
29,000
19,100
8,976
.' Pu is • - .
Total Population 0-4 Population 0-4 with all available Population 0-4 below 200% FPL Population 0-4 below 200% FPL
parents working and all available parents working
Average Cost of Care Comparison
I nfant Toddler Pre-K 85% of households
0; are priced out and
infant child care is
_ . ions
Ready 420 00 unaffordable.
SE
According to a recent
report from the Joint
Beach Legislative Audit and
Review Commission
Child care costs have outpaced inflation 6:1
Current Investment and Challenges
• Virginia had made historic investments in early care and
education FY25 and FY26 totaling over %1. 1 Billion with
100% bipartisan support
• FY25 - $5601180,474
• FY26 - $59312101086
• Challenges — workforce shortage causing classroom
shortages, lower operational capacity
• Average pay for child care teacher in Hampton Roads is less
than $16 per hour
• Statewide — 36% of workforce left their position last year
ve
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Affordable Child Care in Virginia Beach
Virginia Beach GrowSmart
Barb Lito, GrowSmart Coordinator — August 8, 2024
CITY OF
VIRGINIA
BEACH
Our Focus & PrioritiesPlanting the seeds for a successful life-
•
• DEVELOP INNOVATIVE WORKFORCE DEVELOPMENT STRATEGIES Increase access & affordability
to quality early learning environments for our current workforce and children as a dual generation workforce
development strategy.
• INVEST IN INDUSTRY SPECIFIC BUSINESS SUPPORTS FOR EARLY EDUCATION Provide
comprehensive business training, professional development, and career pathways to build a skilled and
motivated early education workforce that supports high standards and quality learning environments.
• ENHANCED FAMILY & COMMUNITY CONNECTIONS Strengthen partnerships with families and the
community to support children's early learning & development, providing resources and opportunities for
active engagement
• EARLY LITERACY SUCCESS Expand access to quality early childhood education opportunities for children
to support their healthy development, kindergarten readiness and early literacy success.
Child Care Landscape in Virg Beach
954 b 222 Yy * 72 t4 13185 .r „ 4488 325
VBCPS Head M ixed Licensed Religious Family
VPI Slots Start Delivery Child Care Exempt Home
Slots Slots Slots Slots Slots
62% 13% 35%
100 % Publicly Funded
Primarily serve 3 — 4 year olds % programs accept subsidy Iva
Early Childhood Business Supports
• Early Education Business Program — industry specific
training series with the SBDC
"�+ HR Support — staff recruitment, hiring, retention
Assist with business plans
Fiscal projections & budgeting
a Automate business practices
• Registration management software
f ,>>z- • Leadership Academy network — for business owners and
directors
• Child Care Financing Workshops — with the VA Small
Business Financing Authority and the SBDC
Early Childhood Workforce Supports
• Tidewater Community College courses — Career
Certificate Studies classes offered at The HIVE around
the child care workforce hours; stackable credential with
it' state scholarship dollars available
f, ' � w • Provider Series - professional development designed
for Earl Education workforce
7 •r Y
e � '00
• Job Embedded LENA GROW coaching - for early
educators to support quality interactions and
- environments
• Specialty CLASS Training — on early literacy and social
emotional development
z a
'V.,
...yr, ..,.-
�.
Mr
. / High Risk Moderate Risk •
# children % children # children % children # children % children
,. Kindergarten 831 18.92% 922 20.99% 2640 60.10%
1st Grade 946 20.30% 1603 34.40% 2111 45.30%
r 2nd Grade 1371 28.50% 1078 22.41% 2362 49.10%
« � 3rd Grade 902 19.49% 1764 38.11% 1963 42.41%
High Risk Mod- •
# children % children # children % children # children % children
Kindergarten 508 26.2% 465 24% 968 49.9%
15t Grade 586 29% 725 35.8% 712 35.2%
2nd Grade 774 37% 485 23.2% 834 39.8%
3r1 Grade 511 26.2% 758 38.8% 2230 36.7%
GrowSmart Programs
�, •, LENA START — parent groups for families with children ages 0
— 3 years
=- First Grade READS - collaborative tutoring program with
Virginia Beach City Public Schools using community volunteers
to support striving first grade readers
`` • Read Across America Day — annual community
Boom—
celebration on the importance of reading with young children
first Friday in March (save the date March 7, 2024)
• Celebrating Children annual April celebration of
families and children to highlight awareness to Child
Abuse Prevention and Month of the Military Child
" VB
x
• Imagine a future with thriving
businesses where no one has to
Reinvent choose between career and Child Care in
family. They are supported by a
robust, accessible, child care
America system.
• Mike Carney, President US Chamber of
Commerce Foundation @ 2024 National
Child Care Innovation Summit
COMMERCIALCITY COUNCILS BRIEFINGS
; / /
r / /
2:20 P.M.
MayorDyer welcomed Hank Morrison, Comprehensive i Administrator Planning. i i
expressed his appreciation to City Councilfor their continued support:
Here is the
Commercial Area Pattern Book
Hank Morrison,AICP,CZA
City Council Briefing,August 20,2024
VIRGINIA
�r BEACH
Background:
Background
August
` Project was funded by a 2018 FEMA grant
� Divided into two projects
,""� � � Flood ResiliencyToolkit
• Commercial Area Pattern Book
• Work Program Architects(WPA)acted as
consultant
"-- _ Project work began February 2022
• Recommended for approval by Planning
Commission May 10,2023
• Adopted by City Council June 6,2023
COMMER<NI AREA PATIERR 90p( i,
/ 2024
COMMERCIALCITY CO UNCILS BRIEFINGS
: II
ITEM# rl I
The next two (2)slides provide an overview ofthe Commercial . Pattern Book Purpose:
Purpose
ASHEVILLE DOWNTOWN
WALMART MIXED-USE
Ni
• Provide guidance for
.. � redevelopment of aging strip
shopping centers,while protecting .� �
-, - adjacent neighborhoods.
• Provide predictability for property ,
owners,developers,and neighbors. —' _
• Retail habits and developments .' +�' ��''
have shifted. .rtr
• Studies show that walkable
compact centers with a mix of uses
make financial sense:
'"' Saves38%on upfront
nfrastructure costs
n Saves 10%on ongoing delivery of
public services
• Generates lOx more[ax revenue
on a per-acre basis
C00.1MFRCWI ARfA RATiFRNBWN 3
i r
Purpose Cont'd
• Provides step-by-step visualization for phased redevelopment of existing
commercial sites
• Intended to be used as a conversation starter between communities,
developers,and Planning staff
• Attempts to make the overall development process more predictable with
guidance that can apply throughout Suburban Areas
S
CITY COUNCILS BRIEFINGS
COMMERCIAL AREA PATTERN BOOK
ITEM#760I0
(Continued
The Kemps River Shopping Center was used as an example:
00
° s. NX, L
Here is the Community Engagement involved in the development of the Commercial Area Pattern Book
Community Engagement
Public Input Meetings occurred from February
-June 2022
Presented andreceivedinputfrom what are wme thin bve about gs you your neighborhood?
civic leagues,
boards,committees
commissions
walkable
Drafts
posted online for public commentfeel C@C1tfC1� �OCgtIOCI
projectthroughout
WorkedAdvisory
Committee on Shore Drive Study y a. ., proximity
Area
Planning Commission voted to recommend
approval on May 10,2023
City Council voted to ado.
August 20, 2024
COMMERCIALCITY COUNCILS BRIEFINGS
: II
ITTM#76010
Here are the General Redevelopment Phasing and Strategies:
General Redevelopment Phasing and Strategies
Here are the Redevelopment Principles:
4.4
IV
1. Develop an overall vision for
the site
2. Start underground -
3. Develop around future ��,,,
stormwater needs �' '� `
4. Divide the site
5. Make it a comfortable place ���
to be—live,shop,work,etc s
Redevelopment Principles
1. Parking areas are shaded with tree plantings and built `^'�'
with underground storage for runoff. �_
2. New stormwater systems should be incorporated as ""�
amenities on the site. --
3. New multi-use paths connect new residential to 1.�' �- -
amenities and commercial uses. � -_,� - ��� -
4. Outparcels should be redeveloped with facades on the
primary street. ���_
5. Layered building scales.
6. New buildings near primary streets with parking behind
or underneath the buildin .
�F a =it-
CITY COUNCILS
RIEFINGS
I
COMMERCIAL PATTERN BOOK
ITEM#76010
PrinciplesThe Commercial Area PatternBookdefinedifferent Character Coastal,
Inland andAICUZ with specificareas and design principlesforeach. I / slidesprovide
an overview / '/ Character Area:
Character Areas — Coastal
COASTAL CHARACTER AREA
1 Study Area—Shore Drive �=�-� �"
• Development sites tend to be smaller
than other areas ' -y
• Design Principles:
• Increase parking lot plantings using z
native species
• Stormwater systems as amenities
• Develop regular connections to multi-
HILANDCURACTERAREA
Srra OW Lot Depth) M.".j-WLtDptN
use paths •,,, .. ;
• Utilize Shore Drive Corridor Plan and
Design Guidelines
COMMERCNL AREA PATRRN BIKER 9 a
Character Areas — Inland
I(-90W-Lct.IP 3 Study Areas
��,�- .v� � Between Pembroke SGA and Rosemont SGA
., �"+�,±,� �. ',� £'� Holland Road to S.Independence Blvd
� r Holland Road and Windsor Oaks Blvd
• Much of the Inland Character Area has been
' -- developed residentially with small,medium
and large commercial centers
Design Principles:
• Improve multimodal connectivity to
reduce traffic burden
• Incorporate pedestrian features,spaces,
and amenities
• Neighborhood compatibility
COMMERMIAAEA PAP[RN BOOR ]0
CITY COUNCILS BRIEFINGS COMMERCLIL AREA PATTERN BOOK
I
ITEM#76010
Study Area — Holland Rd to Independence Bivd ;.,
Vision:medium-density mixed-use
neighborhood and commercial village
Goals:
s' Increase housing options in proximity to
surrounding commercial and employment
centers.
• Holland Rd developed with a mix of uses,
with improved multimodal access to
diffuse traffic from main arterials.
• Improve pedestrian connections between
<•„ Mt.Trashmore and the commercial areas.
• Outparcels should be redeveloped to
become the face of the development and
define a strong street edge.
COMMERCIAL AAE4 BARF AN BOVY. I.
Character Areas — AICUZ
4 Study Areas
August
• Holland Road and S.Rosemont Road �•
rR nF.L
• Holland Road and Lynnhaven Parkway � -
• Lynnhaven Mall Area ' '`
• Commercial Areas between Hilltop and Resort
SGAs
• Commercial corridors that lie within AICUZ
APZ's and Noise Zones
Design Principles:
• Development incompliance with AICUZ
Ordinance
• Improve pedestrian connectivity
• Incorporate pedestrian features,spaces,and
amenities
• Neighborhood compatibility
/ 2024
9
CITY COUNCIL'S BRIEFINGS
COMMERCIAL AREA PATTERN BOOK
ITEM#76010
(Continued)
Thank You
Mayor Dyer expressed his appreciation to Mr.Morrison for the presentation.
August 20, 2024
10
CITY COUNCILS BRIEFINGS
DOMINION OFFSHORE WIND UPDATE
ITEM#76011
2:35 P.M.
Mayor Dyer welcomed Carrie Rose Pace,Senior Communications Specialist—Dominion Energy.Ms.Pace
expressed her 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 Ms. Pace for the presentation.
August 20, 2024
CVOW Project Update
City of Virginia Beach
August 20, 2024
Dominion
;�Ro Energy@
CVOW Infrastructure
Onshore Hybrid Underground and Overhead
NAVAL AIR
STATION STATE
OCEANA MILITAR
RESERV
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mNPrkoa. �
�ti° �165 m
4~
Existing Substation
Switching Station S'
40 Cable Landing Station
a�
Electric Transmission
NAVAL AUXILIARY Lines Route
FENTRESS LANDING FIELD Underground Onshore f�
FENTRESS Export Cables Route All
The map is intended to serve as a representation of the project ._
area and is not intended for detailed engineering purposes.
Dominion 2
PW
Energy
Offshore Construction Progress
OF
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WIND COMM(A(IAl INt01[CT
Dominion
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■
REFERENCE MAP
C2
• Installed 54 monopiles as of 8/19/24 • Green area — installed monopiles
• Temporary marine lighting on foundations • Red area — active construction zone
15-20 feet above sea surface
Dominion 3
Energy
Getting Energy Onshore
. Monopile Installation Sequence
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Offshore
Substation Interconnection
_ Cable Onshore Cable
Landing Export
Location Cable
Transition .:» -y M ~ �,», . :,. 6f•1 .)W6�rdal' G1M.• \ \ \\�
Piece
r
Collector Onshore
Foundation— _. Station Substation
``" (Point of
�-- � Interconnection
Offshore
\ / HDD Punch-out
Offshore
Inter-Array Cable Export Cable
Dominion 4
Energy
Onshore Construction Status
Cities of Virginia Beach and Chesapeake
Right of Way Clearing: February 2024 — mid-April 20241 + August — early September 2024
Cleared debris through summer -
In August we are clearing right of way in swamp north of Intracoastal Waterway
Overhead Transmission Lines: February 2024 — late 2025 ~
In May and June 2024, we used a helicopter to help install the first overhead wires on new
transmission poles We continue to build access roads to the right of way and install new foundations and
transmission poles ---
Underground Cables: November 2023 — late 2025
HDD Lake Christine — completed in March 2024
HDD Lake Rudee/General Booth Boulevard — completed in early July 2024
Direct Pipe installation — completed in late July 2024
Temporary sheet pile driving to connect the DPs to the TJBs
Transition Joint Bay — pile driving completed in early August 2024; forming and pouring
underway
Substations: February 2024— late spring 2026
Site preparation activities continue this summer at both the expanded Fentress Substation in Chesapeake
and the new Harpers Switching Station in Virginia Beach. Construction crews mobilizing. F • ��,�
Dominion 5
NO Energy
Overhead Transmission Progress
February — August 2024
Vibratory Caisson Installation Debris Processing (ROW Clearing) Caisson Foundations Installed
a-
Multi-pile Foundation Installing Poles Installing Poles ADA Sidewalk Ramps at
Construction Entrances
rhi
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Energy
6
Helicopter helps install new wires
Lead line (ropes) placed first, then line pulls in conductor
• ' • from Friday, 124 — installing ropes in Chesapeake
I
i'
Dominion Ropes then pull in the new wire
Energy
Onshore Route Tour
City of Virginia Beach — Indian River Road
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Dominion
PEnergy
Onshore Route Tour
City of Virginia Beach — Highland Drive and Highland Meadows Way
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Onshore Route Tour
City of Virginia Beach — near Landstown Road
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Active Work
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andstown Rd
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Dominion Energy 10
Onshore Route Tour
City of Virginia Beach — Princess Anne Road and Holland Road
Woods of Piney Grove
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Dominion 11
Energy
Onshore Route Tour
City of Virginia Beach — east of Holland Road
Installing Foundation
4
Lake Placid
v
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Holland Pines
.. Active Work
Installing Poles Installing Poles `' ��
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Buyrn Farm North
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Photo Simulation + Photo
Looking West from Kingsland Lane in Castleton
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Onshore Route Tour
City of Virginia Beach — between London Bridge Road and Harpers Road
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Photo Simulation
Harpers Switching Station at U.S. Naval Air Station Oceana
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EXISTING CONDITIONS '
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PRO"M
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PROPOSED CONDITIONS '
Dominion 16
Energy
Harpers Switching Station Progress
February — August 2024
New Harpers Fence Harpers Switching Station Site Preparation Staging Materials
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Dominion._ _ 17
Energy
Onshore Route Tour
City of Virginia Beach — Harpers Road and Oceana Boulevard
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Dominion 0 Energy
18
Onshore Route Tour
City of Virginia Beach — Oceana Boulevard and Navy Agricultural Field
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Dominion 19
PW
Energy
Horizontal Directional Drilling (HDD)
Underneath Lake Christine & Lake Rudee/General Booth
HDD installs transmission cable underground with less Lake Christine— Rifle Range site
impact to the existing ground or to avoid bodies of water
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rake �y�,.�
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E Bells Rd site
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Headquarters Rd site Training HDD (5) ,. f
IF Lake Christine
Field A
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Dominion
Energy 20
Duct Bank at SMR
Trench refilled, recovered with grass, and restored to normal use
Daytime work
Open trench underground installation
■ After installing conduits, it is encased in
concrete and buried n
Manhole vaults provide cable access >; � HDD (5) j
4 - S f l
ake
Manhole Vault Duct Bank ; , _
Christine
..M,;r " ,.. ` ' ;•P`Sv 'k.'titw y ,. rfr`r. .T z '4�i
:xDUCtBank �
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Duct Bank rehab Training Field A rehab
Dominion
Energy 21
Cable Landing at SMR
Pits and trenches will be refilled, recovered with grass, and restored to normal use
■ Direct Pipes (9) installed
■ Transition Joint Bay (TJB 9) under construction }
All piles for the TJB foundation installed ,'
— All sheet piles for the TJB installed
•
— Forming and pouring concrete in 9 vaults
• Open cut (9) under construction to connect DPs to TJBs
1-2 under construction now `
— 3-4 planned late August— December 2024 Direct Pipe (9)
TJB/Open Cut #5-9 scheduled in January—June 2025 Connect .k
Pulling cables, splicing, and testing will continue into early 2026 TlB by
trench
Direct Pipe Installation Pipe Thrusters and Sound Walls
DP1
DP?
~�
DP
25
DPT
Dominion 22
Energy
Project Timeline
November 2013 •
113,000-acre lease acquired
• September 2019
2.6GW CVOW
December 2020 • project announced
Plans detailing construction
and operation submitted to
federal regulators • March—August 2021
Public meetings to discuss
transmission route options
August-November 2021 •
Onshore transmission route
options finalized
• November 2021
Application submitted to
state regulators
2021-2022 • �� d
Onshore field surveys 1 1
• 2022
Submit application
2022-2023 • for local permits
Final application
decisions by local,state
and federal regulators • Late 2023
Onshore transmission
preconstruction
2024-2025
Onshore transmission and
substation construction
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11
CITY MANAGER'S BRIEFING
STORM WATER MANAGEMENT ORDINANCE UPDATE
ITEM#76012
3:08 P.M.
Mayor Dyer welcomed Melanie Coffey, Stormwater Management Regulatory Division Manager—Public
Works. Ms. Coffey expressed her appreciation to City Council for their continued support and distributed
copies of the presentation, attached hereto and made apart of the record.
Mayor Dyer expressed his appreciation to Ms. Coffey for the presentation.
August 20, 2024
Nr pM`
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R
Virginia Department of Environmental
Quality ( DEQ) Regulatory Updates
Erosion and Stormwater Management Program Regulation
Melanie Coffey, P. E . I August 20, 2024
V1RGIM
... BEAC
Agenda
• Background and History of Virginia Erosion Sediment
Control and Stormwater Management Programs
,,9;yyy • Legislative Actions and Goals
• Local Implementation
2 VB
Background & History
• The Virginia Department of Environmental Quality is
the lead agency for developing and implementing
the states program to protect water quality and
quantity from stormwater runoff.
• Municipal Separate Storm Sewer Systems (MS4s)
• Construction Activities
• Industrial Discharges
• Construction Activities are regulated under the
Virginia Stormwater Management Program (VSMP)
and the Erosion and Sediment Control (ESC) Program
3 VB
Background & History
• VA Administrative Code: Title 9. Environment Agency 25. State Water
Control Board Chapters: Prior to July 1, 2024
• Erosion and Sediment Control Regulations (Chapter 840)
• Erosion and Sediment Control and Stormwater Management Certification
Regulations (Chapter 850)
• Virginia Stormwater Management Program Regulation (Chapter 870)
• 2016 Virginia General Assembly directed DEQ to consolidate these
regulations
• 2018-2023 DEQ implemented a Regulatory Advisory Panel to develop
the new combined regulations
4 VB
Legislative Actions
July 1, 2024 1 Effective Date for:
• New Virginia Erosion and Stormwater Management Regulation
9VAC25-875
• New Virginia Stormwater Management Handbook
• Revised Virginia Runoff Reduction Method (VRRM) spreadsheet
• New Construction General Permit
5
Legislative Action and Goals
Virginia Erosion and Stormwater Management Regulation
Consolidation Goals 9VAC25-875
• Consolidate: Erosion and Sediment Control (840), Certifications (850), &
Stormwater Management Program (870)
• Clarify program requirements
• Eliminate redundancies
• Correct schedule inconsistencies between Erosion and Sediment Control
and Stormwater Management Program regulations
• No substantive changes to erosion and sediment control minimum
standards or post-construction stormwater management technical criteria
• Streamline training and certifications 6 WB
Local Implementation
• Virginia Beach must adopt a new ordinance establishing a combined
VESMP and updating citations to reference the new Chapter 875
• DEQ provided a model ordinance
• Virginia Beach will need to modify ordinances to:
Remove:
• Chapter 30 — Soil Removal, Other Land-Disturbing Activities Article III.
Erosion and Sediment Control and Tree Protection
• Appendix D — Stormwater Management
Add:
• Appendix D — Erosion and Stormwater Management 7 Vg
Local Implementation
• DEQ is allowing a one-year transition period for implementation of:
• New Virginia Stormwater Management Handbook
• Revised Virginia Runoff Reduction Method (VRRM ) spreadsheet
• All approvals of Stormwater Management Plans using the previous
standards must be obtained by June 30, 2025.
• New Construction General Permit (5-year permit term)
• Projects underway were required to submit renewal request by June 2024
• New projects or projects that did not submit a renew request will be required
to obtain a new DEQ permit
8 V6
Local Implementation
• Erosion and Stormwater Management Administrators
• Public Works
• Planning
• Public Utilities
• No Changes to Virginia Beach more stringent
requirements or the Public Works Design Standards
Manual
• Additional Guidance Documents under development by
both DEQ and local staff to support implementation of
new regulations
Eifr ' s
9 - -
Slide 9
KCAO One year transition period applies to the SWMH as well, in addition to the ESMP Regulation.
MCO 0 1 added the previous slide to clarify this point.
Melanie Coffey,2024-07-26T13:3"IS.066
Thank you
Questions?
CITY OF
V-B 'V IRGINIA
BEACH 10
12
CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS
ITEM#76013
3:18 P.M.
Council Member Rouse advised she and Mayor Dyer attended the Bookmobile Ribbon Cutting Ceremony
last Friday that was funded through the Library Foundation's fundraising efforts as well as the Body's
approval of$100,000 within the last budget. Council Member Rouse advised the Bookmobile is in service
now visiting different communities and can also be requested by calling the Library. The Bookmobile will
service anyone who is physically limited to access the Library, including children and the elderly. Council
Member Rouse explained it is a very nice air conditioned bus with a classroom, a selection of books people
can check out, as well as stadium seating for up to eighteen (18) little children to have story time.
Mayor Dyer advised it is these types of outreach services provided by the City's Libraries that add to the
quality of life for homebound people and shows the City is a caring city.
August 20, 2024
13
CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS
ITEM#76014
(Continued)
Council Member Ross-Hammond advised she and several other Council Members recently attended the
groundbreaking event at Virginia Wesleyan University (VWU) where the Museum of Contemporary Art
(MOCA) will be relocated. Council Member Ross-Hammond congratulated VWU President Scott Miller,
MOCA's leadership and all the others who worked to see this through to fruition.
Council Member Remick agreed with Council Member Ross-Hammond and advised he has heard from
several people who have asked what will happen to MOCA's existing property near the Resort Area.
Council Member Remick advised the City owns the property and understands MOCA will relocate sometime
between eighteen (18)and twenty-four(24) months from now which will provide some time to engage the
public for their input and ideas. Council Member Remick added the area is included in the current eighty
(80)acre land use study encompassing the Convention, Sports and Visitor Centers.
Council Member Berlucchi congratulated MOCA and VWU and believes the educational and cultural
partnership will have a huge impact on the City and entire region,further expressing he is excited to see
the arts, culture and creative expression that will brought to communities that have not had access to
keystone cultural and educational organizations. Council Member Berlucchi referenced MOCA's existing
property and believes any process for contemplating the future plans for the site should be very transparent
and deliberate. Council Member Berlucchi believes good ideas and good concepts will rise or fall on their
own merits and the Body should be open to what the use of that space could be. Council Member Berlucchi
advised in his personal view, and the view of manypeople he has heardfrom is that the site should continue
to be for cultural or community purposes.
August 20, 2024
14
CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS
ITEM#7601 S
(Continued)
Vice Mayor Wilson advised last Thursday, she and several other Council Members attended a concert at
the City's jail and complemented Sheriff Holcomb and his staff for organizing the historic event with local
Z104 radio host, "Shaggy"and the trio who performed. Vice Mayor Wilson advised the next day she took
her granddaughter to visit the jail since she asked if she could go sometime this summer. Vice Mayor
Wilson advised she and her granddaughter were given a smaller private performance by the trio who had
just returned from performing at the radio station. Vice Mayor Wilson advised she was also impressed
with a very large mural painted on a wall in one of the hallways by a very talented inmate who painted it
completely freehand and encouraged any Council Members who has not seen it, to visit. Vice Mayor Wilson
advised for the public who is interested in seeing the concert performance_ to go to the Virginia Beach
SheriOfce's Facebook webpage.
August 20, 2024
15
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#76016
(Continued)
Council Member Remick advised he will host a District 6 Town Hall Meeting tomorrow at 6:30
P.M., at First Colonial High School and will have presentations from Virginia Beach City Public
School (VBCPS) Administration and Police. Council Member Remick advised he will provide
updates on projects and the City's Comprehensive Plan.
August 20, 2024
16
CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS
ITEM#76017
(Continued)
Council Member Henley advised she will host her monthly District 2 Forum on Thursday at 5:1 S
P.M. in Building 19. Council Member Henley advised there will be a special presentation on the
four(4)Flood Bond Referendum projects in District 2 and believes it is important that the public
understand all of the steps involved for each project and expressed her appreciation to the
engineering staff for their support.
August 20, 2024
17
AGENDA REVIEW SESSION
ITEM#76018
3:29 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
L ORDINANCES
1. Ordinance to AMEND City Code Section 5-401 re fees for the impoundment of animals and
APPROPRIATE$13,915 to the Police Department re expenses related to animal impoundment
at the Animal Care and Adoption Center(Requested by Council Members Berlucchi, Hutcheson,
Remick, and Schulman)
2. Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of temporary
and permanent easements, either by agreement or condemnation re Shore Drive Corridor
Improvements—Phase III Project, CIP 100381 (formerly CIP 2-117)
3. Ordinance to GRANT a Nonexclusive Franchise Agreement to Metro Fibernet LLC re install,
operate, and maintain network facilities for telecommunication services
4. Ordinance to AUTHORIZE the execution of a Cost Participation Agreement with Princess Anne
Village,LLC re construction of City stormwater improvements
5. Ordinance to ACCEPT and APPROPRIATE$23,985 from the Virginia Department of Housing
and Community Development and AUTHORIZE a local grant match of$5,000 re develop a
Broadband Adoption and Affordability Plan
6. Ordinance to APPROPRLATE$233,000 of fund balance from the General Fund and$233,000 of
fund balance from the Tourism Investment Program (TIP) Fund to the FY2024-25 Planning
Department Operating Budget re Hampton Roads Transit as the local match for the Virginia
Beach West Zone and Oceanfront Zone of the Regional Microtransit Project
L ORDINANCES:
ITEM#4 WILL BE CONSIDERED FOR INDEFINITE DEFERRAL
ITEM#6 WILL BE CONSIDERED SEPARATELY
August 20, 2024
18
AGENDA REVIEW SESSION
ITEM#76018
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
J. PLANNING
1. BONNEY G. BRIGHT / ROSANNE BRIGHT RAY SELF SETTLED SPECIAL NEEDS
TRUST for a Variance to Section 4.4(b) of the Subdivision Regulations re create two lots at 5649
& 5605 Buzzard Neck Road DISTRICT 2
2. THALIA PLAZA,LLCfor a Conditional Change o Zoninom B-2 Community Business&R-
e5D Residential Duplex District to Conditional B-4 Mixed Use Business District and a Variance to
Section 4.4(b)of the Subdivision Regulations re redevelop two parcels and develop a 4-story mixed
use building at 4317 Virginia Beach Boulevard and 216 North Fir Avenue DISTRICT 4
3. HOLLYROAD,LLC for a Street Closure re portion of an unnamed, unimproved 15'Lane and
an unimproved portion of Holly Road adjacent to 300 Bay Colony Drive DISTRICT 6(Deferred
from July 9, 2024)
4. WILLIAM F. DADDIO& JEAN A. GENTRY for Street Closure re approximately 375 square
feet of an unnamed, and unimproved alley, adjacent to the rear of 817 Vanderbilt Avenue
DISTRICT 5
5. SCOTT GRIFFITH ALDRICH& JULIA WAREING ALDRICH, TRUSTEES UNDER THE
ALDRICH FAMILY TRUST for a Change in Noncon ormiU re alter and expand an existing
dwelling at 200 43'd Street DISTRICT 6
6. NOVA TRAMPOLINE PARK VIRGINIA BEACH, LLC /ELLIS PROPERTIES SALEM
CROSSING, LLC for a Modi ication of Conditions to a Conditional Use Permit re indoor
commercial recreation facility at 2029 Lynnhaven Parkway DISTRICT 7
7. ERVIN JAMES for a Conditional Change of Zonin from AG-2 Agricultural District to
Conditional R-10 Residential District recreate two single-family residential buildings lot at 2336
Painters Lane DISTRICT 5
8. GREEN CLEANHOLLAND. LLC/ALP&ALEX ASLANfor a Conditional Use Permit re car
wash facility at 4245 Holland Road DISTRICT 10(Deferred from July 9, 2024)
9. CALIBER BODYWORKS OF VIRGINIA, LLC DBA CALIBER COLLISION CENTERS/
GHS II, LC for a Conditional Use Permit re automobile repair garage at 3417 Chandler Creek
Road, Units 135, 136, & 137 DISTRICT 10
August 20, 2024
19
AGENDA REVIEW SESSION
ITEM#76018
(Continued)
10. DIAMOND FARROW/STAR REAL ESTATE,LLCfor a Conditional Use Permit re assembly
use at 4604 Pembroke Lake Circle, Suite 104 DISTRICT 9
11. BRIAN L. HARRIS /AL MASON LANDSCAPING, INC for a Conditional Use Permit re
automobile repair garage at 212 Southgate Avenue&adjoining southern parcel DISTRICT 4
12. LOGAN'S TOWING& SERVICE, INC/SOUTHGATE, LLCfor a Conditional Use Permit re
automobile repair garage at 225&229 Southgate Avenue DISTRICT 4
J.PLANNING ITEMS:
ITEM#2 WILL BE CONSIDERED FOR DEFERRAL TO SEPTEMBER 3,2024
COUNCIL MEMBER WOOTEN WILL ABSTAIN ON ITEM#2
ITEM#8 WILL BE CONSIDERED SEPARATELY
ITEM#10 WILL BE CONSIDERED SEPARATELY
August 20, 2024
20
ITEM#76019
Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PUBLIC CONTRACT: Discussion of the award of a public contract
involving expenditure of public funds, and discussion of terms or scope of
such contract, where discussion in an open session would adversely affect
the bargainingposition or negotiating strategy ofthepublic bodypursuant
to Section 2.2-3711(A)(29)
• Atlantic Park
• Festival Partnership Opportunity Program
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 2.2-3 711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees,Authorities,Agencies and Appointees
August 20, 2024
21
ITEM#76019
(Continued)
Upon motion by Council Member Berlucchi, seconded by Council Member Rouse, City Council voted to
proceed into CLOSED SESSION at 3:56 P.M.
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
Break 3:56 P.M. — 4.12 P.M.
Closed Session 4.12 P.M. — 5:52 P.M.
August 20, 2024
22
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
AUGUST 20,2024
6:00 P.M.
Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City
Council Chamber, City Hall, on Tuesday,August 20, 2024, at 6:00 P.M.
Council Members Present:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
David Hutcheson - Vacation
INVOCATION: Reverend, Steve Kelly
Senior Pastor, Wave 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 identifying any matters in which she might have an actual
or potential conflict. If, during her review of the agenda for any given meeting of the Council,she identifies
a matter in which she has a "personal interest," as defined in the Act, she will file the appropriate
disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly
makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record.
August 20, 2024
23
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.
August 20, 2024
24
VLF
CERTIFICATION
ITEM#76020
Upon motion Council Member Rouse, seconded by Council Member Ross-Hammond, City Council
CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
*Council Member Wooten stepped out of the Closed Session during the Public Contract discussions
due to a conflict of interest:
August 20, 2024
��Nu''BFAc
p4
o
S
OF QUR NP( N
RESOL UTION
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#76019 on Page 21 and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
Am a Ba nes, MM
City Clerk
August 20, 2024
25
ITEM— VI.G.1
MAYOR'S PRESENTATIONS
ITEM#76021
RESOLUTION
NEPTUNE FESTIVAL 50"'ANNIVERSARY
Mayor Dyer read the Resolution recognizing the 50`h Anniversary of the Neptune Festival and
congratulated the Virginia Beach Neptune Festival for 50 years of service, success, and celebrations with
special appreciation given to its founders, leadership, volunteers, and staff for their devotion to our City.
August 20, 2024
1A•B
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RBSOLUT FON
WHEREAS:The VIRGINIA BEACHNEPTUNE FESTIVAL was created in 1974 to Celebrate the Beach Life and
provide a source of community pride for our citizens. Recognized as the Official Celebration of the City of Virginia
Beach,2024 marks the 50'h Anniversary of the Neptune Festival and the unique role it plays in our City,Hampton
Roads,and the Commonwealth of Virginia;and
WHEREAS:The Neptune Festival's mission is to provide quality,safe,and diverse events and activities that
enhance family,community,and togetherness;create a positive economic impact;and showcase the unique location
of Virginia Beach as a City by the Sea;and
WHEREAS:Each year the Neptune Festival selects a local business and community leader to serve as King
Neptune. The King,along with the Royal Court,serve as ambassadors for the City and the Neptune Festival by
volunteering with local non profit partners as well as interacting with the public at numerous festival events;and
WHEREAS:The Neptune Festival produces more than 40 safe and welcoming events every year attracting
attendees,participants,and volunteers from all walks of life. As the largest festival in the Commonwealth of
Virginia, it produces an annual economic impact of$26.1 Million and attracts more than 400,000 residents and
visitors to the resort City across the three days of Boardwalk Weekend;and
WHEREAS:The King Neptune Statue at the Virginia Beach Oceanfront was envisioned,commissioned,and funded
solely through the efforts of the Neptune Festival;it remains the most iconic representation of,and photographed
site in, the City. A maquette was selected by the First Lady of Virginia for proud display in the Executive Mansion to
represent our City as part of the inaugural Art Experience;and
WHEREAS:The Neptune Festival embraces other non-profit organizations across Hampton Roads by providing
engagement and outreach opportunities to raise awareness for their causes. This program,known as Beyond the
Boardwalk, encompasses several lines of effort including revenue sharing opportunities and free marketing space
along the boardwalk to connect with a wide audience of prospective supporters;and
WHEREAS:In recognition of the importance of public art to our community,the Neptune Festival commissions a
local artist to create the annual commemorative poster art and hosts the Youth Art Show,showcasing talented
middle and high school students from across the City. Additionally,the Art and Craft Show and International
Sandsculpting Championship bring together professional artists from across the nation and globe to Virginia Beach;
and
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:That the Virginia Beach City Council recognizes and congratulates the Virginia Beach Neptune Festival
for 50 years of service,success,and celebrations and gives a special thank you to its founders, leadership,
volunteers,and staff for their devotion to our City.
Given by the Council of the City of Virginia Beach, Virginia the 20 day of August 2024 and present this Resolution
duly signed by each Membe the V' is Beach City Council.
� �UGAs liv
Council Member Michael F.Berlucchi Council Member Barbara M.He y Council ember)avid utcheson
Vouncil Member Robert W. "Worth" Council Member Dr.Amelia Ross- o cil tuber Jennifer V.Rouse
Remick Hammond
o � '
Counc Member Joashua F.Schulman Council Member hris Taylor joun Member Sa rina D. Wooten
r
Vice Mayor osemary Wilson Mayor Robert M. `Bobby"Dyer
26
ITEM— VI.G.2
MAYOR'S PRESENTATIONS
ITEM#76022
RECOGNITION OF KING NEPTUNE'S ROYAL COURT
Mayor Dyer welcomed Kit Chope, President and CEO — Neptune Festival. Mr. Chope expressed his
appreciation to City Council for their continued support and introduced Celebration Chairs Adam Carroll
and Kylene Carroll and the 50`h King Neptune Royal Court:
KING NEPTUNE L
AKHIL JAIN and LADY NITA
2024 ROYAL COURT
TRITONS OF THE COURT AND THEIR PARTNERS
Triton Jim Bibbs and Lady Mary
Triton Will Driscoll and Lady Katie
Triton Mark Horton and Lady Kendra
Triton Norgos Koliopoulos and Lady Rachel
Triton Matt Liebler and Lady Julie
Triton Alex Mitchum and Lady Mary
Triton Joashua Schulman and Lady Elaine
Triton Katherine Willis and Gentleman Ross
PRINCE AND PRINCESSES
Princess Imari DeLena Ralston Bond
Princess Rylee Madison Brooks-Booth
Princess Hathaway Belle Carr
Princess Gabrielle Ann DeStefano
Princess Olivia Bradley Foster
Princess Berkley Elizabeth Houston
Princess Avery Renee Hunn
Princess Urvi Rani Jain
Prince Andrew Michael Jakubowski
Princess Maya Grace Katherman
Princess Piper Claire Richardson
Princess Paige Marie Rooney
Princess Torrence Madison Spreder
Mr. Jain expressed his appreciation to City Council as it is his honor to serve as King Neptune with his
Royal Court and represent the City.
August 20, 2024
27
ITEM— VI.G.3
MAYOR'S PRESENTATIONS
ITEM#76023
PROCLAMATION
GAS TROPARESIS AWARENESS MONTH
Mayor Dyer welcomed Jonathan Keyes (accepting on behalf of Lauren Katz) and read the Proclamation
declaring the month of August 2024 as, "GASTROPARESIS AWARENESS MONTH". Mayor Dyer
called upon all citizens to promote awareness of gastroparesis(stomach paralysis).
Mr. Keyes expressed his appreciation to City Council for their continued support and this recognition.
August 20, 2024
p4
a)
Or OUR MAT0 ,1
.1
Proclamation
`W14erea: Gastroparesis is a chronic ilrness which,according to Nationalinstitutes of ifearth
(VYV estimates,affects more than S milrion people in the VnitedStates,yet is little
known or understood and
`Whereas: Gastroparesis is 1paralysis of the stomach"which is characterized by sometimes
debilitating pain, nausea,vomiting, and early satiety,and can lead to serious
complications such as ma(nourishment,dehydration,extreme weight fluctuations,
esophagealdamage,anddangerously erratic 6loodsugarfevers;and
Wiemas. TTwre is little awareness, no known cure, andfew consistently safe,rerw6(e,and
effective medications or treatments;and
Wiiersas: We seek further research,improvedmedications,additional treatment options, 6etter
support,and hope for our future;and
` 4*reas: We seekto educate the citizens of ourstate, the medica(community,andthe general
pu6ltc regarding the devastating effects of this disorder and promote awareness of our
condition for the good of the pu61ic health.
Now,2Ttereefore I,Wpbett M. "Bo66y"Dyer,Mayor of the City of Virginia Beach, 'Virginia,do
hereby proclaim:
�u�just is (astroparesu' .Awaremss WVfonth
In 4*nia Beach,I callupon aff citizens to promote awareness ofgastroparesu(stomach paralysis).
In 'Witness 10emof, I have hereunto set my hand and caused the Off ciaf Sea(of the City of
Virginia Beach, Virginia, to 6e affixed this Twentieth Day of August, Two Thousand andTwenty-
Tour.
wp6ert 9K. "Bo66y"(Dyer
Mayor
28
ITEM— VLH
FORMAL SESSION AGENDA
ITEM#76024
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 Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, BY CONSENT,Agenda Items Ordinances L• 1, 2, 3, 4 (DEFERRED INDEFINITELY)
and S and Planning Items J. 1, 2 (DEFERRED TO SEPTEMBER 3, 20204), 3, 4, S, 6, 7, 9, 11, 12, 13
and 14
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
L ORDINANCES:
ITEM#6 WILL BE CONSIDERED SEPARATELY
J.PLANNING ITEMS:
ITEM#8 WILL BE CONSIDERED SEPARATELY
ITEM#10 WILL BE CONSIDERED SEPARATELY
August 20, 2024
29
ITEM— VI LI
ORDINANCES
ITEM#76025
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
ADOPTED,BY CONSENT, Ordinance to AMEND City Code Section 5-401 re fees for the impoundment
of animals and APPROPRIATE $13,915 to the Police Department re expenses related to animal
impoundment at the Animal Care and Adoption Center (Requested by Council Members Berlucchi,
Hutcheson, Remick, and Schulman)
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
SPONSORED BY COUNCILMEMBERS BERLUCCHI, HUTCHESON, REMICK, AND
SCHULMAN
1 AN ORDINANCE TO AMEND SECTION 5-401
2 OF THE CITY CODE PERTAINING TO FEES
3 FOR THE IMPOUNDMENT OF ANIMALS AND
5 TO APPROPRIATE FUNDS
6 SECTION AMENDED: § 5-401
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 1. That Section 5-401 of the Code of the City of Virginia Beach, Virginia, is hereby
12 amended and reordained to read as follows.
13 Sec. 5-401. Fees for the impoundment and adoption of animals, generally.
14 (a) The bureau of animal control is hereby authorized to charge a fee of fifty dollars
15 ($50.00) for the first finre -four_24) hour period day an animal is impounded and
16 twe fifteen dollars 15.00 ($ZM per day for each additional day or part thereof for
17 the care of any animal impounded for any reason. Impoundment fees maybe waived
18 if the animal is reclaimed within the first twenty-four(24) hour period and it is the first
19 time the animal has been impounded within a twelve(12) month period Ah additional
20 fee of,fifty dollars ( 50.00 shall be charged if it is the second time such animal has
21 been impounded within a twelve (12) month period For third and subsequent
22 impoundments within a twelvemonth period there shall be an additional fee of
23 one hundred dollars ; 100.00,. ._
24 (b) If a dog or cat impounded under this article is not claimed by its owner or caretaker
25 within five (5)days or within ten (10) days if the dog or cat has a collar, tag, license
26 tattoo, or other foram of identification, it shall be disposed of in accordance with the
27 provisions of Code of Virginia §3.1-796.96.
28 (c) In the event any person proposes to adopt such dog or cat, pursuant to such section,
29 he shall pay a fee of twenty-five dollars($25.00)for dogs; twenty dollars($20.00)for
30 cats; and fifteen dollars ($15.00) for all other animals to cover the cost of transfer,
31 seizure and veterinary care for the animal.
32 (d) Any person adopting an animal spayed or neutered at the expenses of the city shall
33 also incur an additional cost of one hundred dollars ($100.00) for dogs, and forty
34 dollars ($40.00) for cats. In the event sterilization services are not available from the
35 city, any person adopting an unaltered animal will be required to deposit an additional
36 one hundred dollars($100.00)for dogs,and forty dollars($40.00)for cats which shall
37 be reimbursed if proof of sterilization is presented to the bureau of animal control
38 within thirty(30)days of the adoption.
39 (e) Notwithstanding the provisions of subsections (c) and (d) above, the chief of police
40 is authorized to lower the adoption fees for(1)special adoption events and (2)In the
41 event of excessive shelter over-population.
42 (f) The person desiring to adopt the animal shall sign an adoption contract agreeing to
43 abide by the rules and regulations of the Animal Care and Adoption Center.
44
45 2. $13,915 is hereby appropriated, with miscellaneous revenue increased
46 accordingly,to the Police Department for expenses related to animal impoundment
47 at the Animal Care and Adoption Center.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 2 0 t h
day of August 2024.-
Requires an'afl9rmative vote by a majority of ail of the members of the Clly Council.
APPRO D S TO CONTENT: APPROVED AS TO CONTENT:
Police Ddpartwnt Budget and Management Sendoes
APPROVED AS TO LEGAL SUFFICIENCY:
AIJA
Office of ffe-dii-A—ttomey
CA16605
R-1
July 23,2024
30
ITEM— VI.L2
ORDINANCES
ITEM#76026
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of property in fee simple and
acquisition of temporary and permanent easements, either by agreement or condemnation re Shore Drive
Corridor Improvements—Phase III Project, CIP 100381 (formerly CIP 2-117)
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
1 AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF PROPERTY IN FEE SIMPLE
3 RIGHT-OF-WAY FOR THE SHORE DRIVE FOR
4 CORRIDOR IMPROVEMENTS - PHASE III
5 PROJECT, CIP 100381 (FORMERLY CIP-2-
6 117), AND THE ACQUISITION OF
7 TEMPORARY AND PERMANENT
8 EASEMENTS, EITHER BY AGREEMENT OR
9 CONDEMNATION, REFLECTING AREAS
10 CHANGED SINCE PREVIOUS AUTHORITY
11 WAS GRANTED
12
13 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a
14 public necessity exists for the construction of this important roadway project to improve
15 transportation within the City and for other related public purposes for the preservation of
16 the safety, health, peace, good order, comfort, convenience, and for the welfare of the
17 people in the City of Virginia Beach;
18
19 WHEREAS, on December 6, 2022 City Council adopted Ordinance 3717C
20 approving the major design features and authorizing the acquisition of property and
21 easements by agreement or condemnation for the Shore Drive Corridor Improvements —
22 Phase III Project, CIP 100381 (formerly CIP 2-117) (the "Project");
23
24 WHEREAS, due to Project design changes, it is necessary to amend the City
25 Council's authorization to acquire property and easements either by agreement or
26 condemnation to reflect the updates to the plats and plans since Ordinance 3717C was
27 adopted; and
28
29 WHEREAS, the major design features of the Project as previously approved have
30 not changed.
31
32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
33 VIRGINIA BEACH, VIRGINIA:
34
35 Section 1. That the City Council authorizes the acquisition by purchase or
36 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and
37 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee
38 simple, including temporary and permanent easements and entire tracts upon which such
39 rights-of-way or easements shall be located, within the limitations and conditions of Section
40 33.2-1007 of the Code of Virginia of 1950, as amended (the "Property"), as shown on the
41 Project plans entitled "SHORE DRIVE CORRIDOR IMPROVEMENTS- PHASE III CIP#2-
42 117 AND #7-409 PWCN-11-1092; UPC #102739 STATE PROJECT NO. 0060-134-R67,
43 and more specifically described on the acquisition plats for the Project (plats and plans
44 collectively referred to as the "Plans"), the Plans being on file in the Engineering Division,
45 Department of Public Works, City of Virginia Beach, Virginia.
46
47 Section 2. That the City Manager is hereby authorized to make or cause to be made
48 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable
49 offer to the owners or persons having an interest in said Property. If refused, the City
50 Attorney is hereby authorized to initiate, prosecute and settle or resolve proceedings to
51 condemn said Property.
52
53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 t h day of
54 August , 2024.
CA16483
PREPARED: 5/23/2024
R-1
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
PUBLIC WORKS/REAL ESTATE CITY TORN Y
31
ITEM— VI.L3
ORDINANCES
ITEM#7602 7
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
ADOPTED, BY CONSENT, Ordinance to GRANT a Nonexclusive Franchise Agreement to Metro
Fibernet LLC re install, operate, and maintain network facilities for telecommunication services
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
1 AN ORDINANCE GRANTING A NONEXCLUSIVE
2 FRANCHISE AGREEMENT TO METRO FIBERNET, LLC
3 TO INSTALL, OPERATE, AND MAINTAIN NETWORK
4 FACILITIES FOR TELECOMMUNICATION SERVICES
5 IN THE CITY'S PUBLIC STREETS AND RIGHTS-OF-
6 WAY
7
8 WHEREAS, Metro Fibernet, LLC, a Nevada limited liability company ("Metronet"),
9 builds and operates fiber networks and related communication services;
10
11 WHEREAS, Metronet desires to utilize the City of Virginia Beach's ("City") public
12 streets and rights-of-way to install, operate and maintain a fiber network;
13
14 WHEREAS, Metronet is seeking to enter into a nonexclusive franchise agreement
15 ("Franchise") with the City to use and occupy the City's public streets and rights-of-way;
16
17 WHEREAS, the Franchise will allow Metronet to install, operate and maintain fiber
18 optic cable for the purpose of operating a fiber optic network; and
19
20 WHEREAS, City staff supports allowing Metronet to use the City's public streets
21 and rights-of-way for the aforesaid purposes, subject to the terms and conditions set forth
22 in the summary of terms, attached hereto as Exhibit A, ("Summary of Terms").
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
27 That the City Council hereby authorizes the City Manager to execute a Franchise
28 with Metronet for a maximum term of 40 years, in accordance with the Summary of Terms,
29 and such other terms, conditions or modifications, as may be acceptable to the City
30 Manager and in a form deemed satisfactory by the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia, on this loth day
of August , 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Information Technology City Attorney's Office
CA 16613
R-1/July 23, 2024
SUMMARY OF TERMS- NONEXCLUSIVE FRANCHISE AGREEMENT
Lessor: City of Virginia Beach ("City")
Lessee: Metro Fibernet, LLC ("Metronet")
Term: 10 years and shall automatically renew for up to three (3)
additional ten (10) year terms, for a maximum of forty (40)
years, unless either party gives ninety (90) days written notice
to terminate the Franchise.
Location: Metronet may install its facilities underground within City's
public streets and rights-of-way, subject to obtaining all
required permits from the City's Planning Department.
Relocation/Removal: Metronet shall be solely responsible for paying cost of removal
or relocation of its facilities if public projects necessitate
removal or relocation. Upon termination of the Franchise,
Metronet must remove the facilities, or the City may allow the
facilities to remain in place and take ownership.
Installation: Metronet shall be required to return the public streets and
rights-of-way to the same or similar condition existing prior to
any work being performed, to the reasonable satisfaction of
the City.
Minimum Insurance
Requirements: Commercial General Liability: $2 Million; Automobile Liability:
$1 Million; or, in the alternative, Umbrella Coverage of $5
Million.
Surety Requirements: $100,000 surety bond
Indemnity: Metronet shall indemnify the City, its officers, employees and
agents from and against any and all claims, demands, costs,
etc., including, without limitation, reasonable attorney's fees
and costs of defense.
32
ITEM— VLL4
ORDINANCES
ITEM#76028
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
DEFERRED INDEFINITELY, BY CONSENT, Ordinance to AUTHORIZE the execution of a Cost
Participation Agreement with Princess Anne Village, LLC re construction of City stormwater
improvements
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
33
ITEM— VI L5
ORDINANCES
ITEM#76029
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $23,985 from the Virginia
Department of Housing and Community Development and AUTHORIZE a local grant match of$5,000 re
develop a Broadband Adoption and Affordability Plan
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS TO DEVELOP A BROADBAND ADOPTION AND
3 AFFORDABILITY PLAN AND TO AUTHORIZE A LOCAL
4 MATCH
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 1. $23,985 is hereby accepted from the Virginia Department of Housing and
10 Community Development and appropriated, with revenue from the
11 Commonwealth increased accordingly, to develop a Broadband Adoption and
12 Affordability Plan.
13
14 2_ A local grant match of$5,000 is hereby authorized from existing resources in
15 the Department of Information Technology.
Adopted by the Council of the City of Virginia Beach, Virginia on the 2 0 t h day of
August 2024.
Requires an affirmative vote by a majority of all the members of City Council,
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
r � �
B dget and Managemen Servi: s City Attorney's Office
CAI 6624
R-1
August 12,2024
34
ITEM— VI L6
ORDINANCES
ITEM#7603 0
Upon motion by Council Member Ross-Hammond, seconded by Vice Mayor Wilson, City Council
ADOPTED, AS REVISED, Ordinance to APPROPRIATE $233,000 of fund balance from the General
Fund and$233,000 of fund balance from the Tourism Investment Program (TIP)Fund to the FY2024-25
Planning Department Operating Budget re Hampton Roads Transit as the local match for the Virginia
Beach West Zone and Oceanfront Zone of the Regional Microtransit Project
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
REVISED VERSION
1 AN ORDINANCE TO APPROPRIATE FUNDS TO
2 PROVIDE A GRANT MATCH TO HAMPTON ROADS
3 TRANSIT FOR A MICROTRANSIT PROJECT
4
5 WHEREAS, the City Council wishes to participate in a Regional Microtransit
6 Service Project to be operated by Hampton Roads Transit;
7
8 WHEREAS, the City has the opportunity to participate in one Microtransit zone
9 ("Option 1") or two Microtransit zones ("Option 2");
10
11 WHEREAS, if the City elects Option 1, the grant match is $350,000;
12
13 WHEREAS, if the City elects Option 2, the grant match is $466,000-1
14
15 WHEREAS, the City is committed to the grant match in the Virginia Beach West
16 Zone;
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA, THAT:
20
21 1. $350,000 is hereby appropriated, with revenue increased accordingly, from
22 the fund balance of the General Fund to the FY 2024-25 Operating Budget of the
23 Department of Planning to be provided to Hampton Roads Transit as the local match for
24 the Virginia Beach West Zone of the Regional Microtransit Project.
25
26 2. $116,000 is hereby appropriated, with revenue increased accordingly, from
27 the fund balance of the General Fund to a dedicated reserve in the Operating Budget to
28 provide the remaining grant match should the City identify a second zone and proceed
29 with Option 2. If the City does not proceed with Option 2, the funds in this dedicated
30 reserve shall be returned to the General Fund.
Adopted by the Council of the City of Virginia Beach, Virginia on the loth day of
August , 2024.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY:
B dget LandTAa- nagem-ent Services ,- City Attorney's Office
CA16611
R-2
August 20, 2024
35
ITEM— VI.J.l
PLANNING ITEM
ITEM#76031
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED,AS CONDITIONED, BY CONSENT, application of BONNEY G. BRIGHT/ROSANNE
BRIGHT RAY SELF-SETTLED SPECIAL NEEDS TRUST for a Variance to Section 4.4(b) of the
Subdivision Regulations re create two lots at 5649&5605 Buzzard Neck Road DISTRICT 2
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
BONNEY G. BRIGHT/ROSANNE BRIGHT RAY SELF-SETTLED
SPECIAL NEEDS TRUST for a Variance to Section 4.4(b) of the
Subdivision Regulations re create two lots at 5649& 5605 Buzzard Neck
Road(GPIN 2308452248)DISTRICT 2
The following conditions shall be required:
1. When the property is developed, it shall be developed substantially as shown on the exhibit
entitled, "Subdivision of Property of The Rosanne Bright Ray Self-Settled Needs Trust on
Buzzard Neck Road",prepared by Warren &Associates, PC, copies of which have been
exhibited to the Virginia Beach City Council and are on file with the Virginia Beach
Department of Planning.
2. Lot I is entirely within the Floodplain Subject to Special Restriction. A note must be
included on the Final Plat, stating, `Appendix K, City Code, Section 4.10 does not allow
new residential structures to be located in the floodplain subject to special restrictions on
lots created after October 23, 2001.A floodplain variance will be required for any future
redevelopment on Lot 1.Lot 1 is approved for one single-family dwelling only."
3. The single-family dwelling addressed as 5605 Buzzard Neck Road must be removed prior
to recordation of the final plat. A note must be included on the Final Plat, stating, "Lot 2
is not a residential building site and is created as per section 402(c) of the City Zoning
Ordinance,for uses other than dwellings in keeping with the provisions of the AG-1 and
AG-2 Zoning Districts."
This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20`h day ofAugust Two Thousand
Twenty Four.
August 20, 2024
36
ITEM— VI.J.I
PLANNING ITEM
ITEM#76031
(Continued)
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
o LJ
a AG2 AG1
o AG1 0
42 a
AG2
AG1
AG1
AG1 �A?G2 �
v
AG1
N
® Site
w
Property Polygons Bonney G. Bright
Zoning 5649 Buzzard Neck Road S
Building
Feet
010(200 400 600 800 1,0001,200
37
ITEM— VI.J.2
PLANNING ITEM
ITEM#76032
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
DEFERRED TO SEPTEMBER 3, 2024, BY CONSENT, application of THALIA PLAZA, LLC for a
Conditional Change of Zoning from B-2 Community Business & R-SD Residential Duplex District to
Conditional B-4 Mixed Use Business District and a Variance to Section 4.4(b) of the Subdivision
Regulations re redevelop two parcels and develop a 4-story mixed use building at 4317 Virginia Beach
Boulevard and 216 North Fir Avenue DISTRICT 4
Voting: 9- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor and Vice Mayor Rosemary Wilson
Council Members Abstaining:
Sabrina D. Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
N1A $EAc�
Ok L�
U
City of Virginia Beach
OF OUR 003
SABRINA D.WOOTEN CELL:(757)797-5625
COUNCIL MEMBER
P.O.Box 6665
DISTRICT 7 VIRGINIA BEACH,VA 23456
EMAIL:Swooten(abvbgov.com
August 20, 2024
Refer to File No. 0090383
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia,
I make the following declarations:
1. I am executing this written disclosure regarding the City Council's discussion and
vote on the application of Thalia Plaza, LLC for a conditional change of zoning
and a variance for property located at 4317 Virginia Beach Boulevard and 216
North Fir Avenue.
2. The applicant has disclosed that TowneBank is a service provider with respect to
this transaction. I have business dealings with TowneBank, which is located at
600 22"d Street in Virginia Beach.
3. I will abstain from voting on this matter.
I respectfully request that you record this declaration in the official records of the City
Council. Thank you for your assistance in this matter.
Sincerely,
abrina D. ooten
Councilmember
SDW/RRI
38
ITEM— VI.J.3
PLANNING ITEM
ITEM#76033
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, AS CONDITIONED, BY CONSENT, application of HOLLY ROAD, LLC for a Street
Closure re portion of an unnamed, unimproved 15'Lane and an unimproved portion of Holly Road
adjacent to 300 Bay Colony Drive DISTRICT 6(Deferred from July 9, 2024)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
HOLLY ROAD, LLC for a Street Closure re portion of an unnamed,
unimproved 15' Lane and an unimproved portion of Holly Road
adjacent to 300 Bay Colony Drive (GPINs 2418779689, 2418870679)
DISTRICT 6(Deferred from July 9, 2024)
The following conditions shall be required.•
1. The City Attorney's Office shall make the final determination regarding ownership of the
underlying fee. The purchase price to be paid to the City of Virginia Beach shall be
determined according to the "Policy Regarding Purchase of City's Interest in Streets
Pursuant to Street Closures,"approved by City Council. Copies of the policy are available
in the Planning Department.
2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate
the Right-of-Way into the adjoining lots. The resubdivision plat must be submitted and
approved for recordation prior to the final street closure approval. Said plat must include
the dedication to the City of Virginia Beach of a public utility and access easement over
the closed portions of the Right-of- Way for access to and maintenance of the public
infrastructure located within or to be located within the alley,which easement is subject to
approval of the Department of Public Utilities and the City Attorney's Office, respectively,
and which easement shall include a right of reasonable ingress and egress.
3. The Applicant shall verify that no private utilities exist within the Right-of-Way proposed
for the closures. If private utilities do exist, easements satisfactory to the utility company
must be provided and shall be recorded after the f nal resubdivision plat is recorded with
the Clerk of Circuit Court.
4. Prior to finalization of the street closure, if any improvements are to remain or be
constructed in the Right-of-Way proposed for closure, the Applicant must apply for an
encroachment into the public utility and access easement.
5. Closure of the Right-of-Way shall be contingent upon compliance with the above stated
conditions within 365 days of the approval by City Council. If the conditions noted above
are not accomplished and the final plat is not approved for recordation within one year of
the City Council vote to close the Right-of-Way, this approval shall be considered null and
void.
August 20, 2024
39
ITEM— VI.J.3
PLANNING ITEM
ITEM#76033
(Continued)
This Ordinance shall be effective in accordance with Section 107(t) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia,on the 20'h day ofAugust Two Thousand
Twenty Four.
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
1 ORDINANCE APPROVING APPLICATION OF HOLLY
2 ROAD, LLC FOR THE CLOSURE OF A PORTION OF
3 AN UNNAMED, UNIMPROVED 15' LANE AND AN
4 UNIMPROVED PORTION OF HOLLY ROAD
5 ADJACENT TO 300 BAY COLONY DRIVE
6
7 WHEREAS, Holly Road, LLC, a Virginia limited liability company (the "Applicant")
8 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter
9 described unimproved rights-of-way discontinued, closed, and vacated; and
10
11 WHEREAS, it is the judgment of the Council that said unimproved rights-of-way
12 be discontinued, closed, and vacated, subject to certain conditions having been met on
13 or before one (1) year from City Council's adoption of this Ordinance.
14
15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
16 Beach, Virginia:
17
18 SECTION 1
19
20 That the hereinafter described unimproved portions of rights-of-way (collectively, the
21 "Right-of-Way") be discontinued, closed and vacated, subject to certain conditions being
22 met on or before one (1) year from City Council's adoption of this ordinance:
23
24 ALL THAT certain piece or parcel of land situate, lying and being
25 in the City of Virginia Beach, Virginia, designated and described as
26 "AREA OF PROPOSED STREET CLOSURE (905 SQ. FT. OR
27 0.021 ACRES)" and (AREA OF PROPOSED STREET CLOSURE
28 (3,321 SQ. FT. OR 0.076 ACRES)", shown as the cross-hatched
29 areas on that certain exhibit plat entitled: "STREET CLOSURE
30 EXHIBIT OF A 25' X 132.5' PORTION OF HOLLY ROAD AND A
31 7.5' X 118.38' PORTION OF AN UNNAMED 15' LANE
32 ADJACENT TO LOTS 127-A & 128-A THE HOLLIES (M.B. 6, PG.
33 107) ( M.B. 285, PG. 18) VIRGINIA BEACH, VIRGINIA", Scale:
34 1"=40', dated January 3, 2024, prepared by WPL, a copy of which
35 is attached hereto as Exhibit A.
36
37 SECTION II
38
39 The following conditions must be met on or before one (1) year from City Council's
40 adoption of this ordinance:
41
42 1. The City Attorney's Office shall make the final determination regarding
43 ownership of the underlying fee. The purchase price to be paid to the City of Virginia
44 Beach shall be determined according to the "Policy Regarding Purchase of City's
45
46 NO GPIN (Right-of-Way)
47 Adjacent GPINs: 2418-87-0679 and 2416-77-9689
48
49 Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the
50 policy are available in the Planning Department.
51
52 2. The Applicant shall resubdivide the property and vacate internal lot lines to
53 incorporate the Right-of-Way into the adjoining lots. The resubdivision plat must be
54 submitted and approved for recordation prior to the final street closure approval. Said
55 plat must include the dedication to the City of Virginia Beach of a public utility and
56 access easement over the closed portions of the Right-of-Way for access to and
57 maintenance of the public infrastructure located within or to be located within the alley,
58 which easement is subject to approval of the Department of Public Utilities and City
59 Attorney's Office, respectively, and which easement shall include a right of reasonable
60 ingress and egress.
61
62 3. The Applicant shall verify that no private utilities exist within the Right-of-
63 Way proposed for the closures. If private utilities do exist, easements satisfactory to the
64 utility company must be provided and shall be recorded after the final resubdivision plat
65 is recorded with the Clerk of Circuit Court.
66
67 4. Prior to finalization of the street closure, if any improvements are to remain
68 or be constructed in the Right-of-Way proposed for closure, the Applicant must apply for
69 an encroachment into the public utility and access easement.
70
71 5. Closure of the Right-of-Way shall be contingent upon compliance with the
72 above stated conditions within 365 days of the approval by City Council. If the
73 conditions noted above are not accomplished and the final plat is not approved for
74 recordation within one year of the City Council vote to close the Right-of-Way, this
75 approval shall be considered null and void.
76
77 SECTION III
78
79 1. If the preceding conditions are not fulfilled on or before August 19, 2025,
80 this Ordinance will be deemed null and void without further action by the City Council.
81
82 2. If all conditions are met on or before August 19, 2025, the date of final
83 closure is the date the street closure ordinance is recorded by the City Attorney.
84
85 3. In the event the City of Virginia Beach has any interest in the underlying
86 fee, the City Manager or his designee is authorized to execute whatever documents, if
87 any, that may be requested to convey such interest, provided said documents are
88 approved by the City Attorney's Office.
89
90 SECTION IV
91
92 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit
93 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
94 VIRGINIA BEACH as "Grantor" and HOLLY ROAD, LLC, as "Grantee."
95 Adopted by the Council of the City of Virginia Beach, Virginia, on this 20th day
96 of August , 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
�lGl ti Vyl2�.�1,�vy
Planning Department City Attorney
CA16433
\\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d024\p043\00974445.doc
R-2
July 30, 2024
EXHIBIT A
NOTES:
I. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF LTA QA+D
PROPOSED RIGHT--OF-WAY CLOSURE AND INDEPENDENT j
OF THE ASSOCIATED RECORD DOCUIr DMS) IS NOT
INTENDED FOR ANY OTHER THAN GENERAL REFERENCE.
2. AP REPORT HAS NOT BEEN PROVIDED FOR THIS RIC NER
Lic.le
02p04
os�o�i2oz�
MMILE WM PU W DRMMM W 0�
& IJI M EASEMENT
(Ma M, PG. 18-19) •S'UR
\ (D.B. 4217, PG. 870) ( I I
�� I LOT' 1S1-A I LOf 150 I LOB 14M I LDT 148A
2418`77-= I W k 2418-77-Ml I CAIN: 2418-77--ti880 I CPNi: 2418-87-MO I CHN: 241B-B7-1815
\ I
11 M7'4r E
i 47.0'
a•7.13' BR.Jd d4tOq
WE CLOSWQ
(WSQ FT. CR � o
O + ao2r I .ms) w w O
lk Qe
- •• W
w
CPIN; 2418 77404 J N
AREA OF N 0
(J J12 sa fT. OR
R07Q AMU)
JP+t911x0O'
L-`42J4'
71wo \ saw,
DL YMUBLE VAMH PRMATE
NMINAM 55 BMW
(M.B. 255, PG. 19)
DAY , MOLOAFY DMVE
Y A M a)
SCAB: 1-=40' $"LEE Cum= ZKBM BMW 1 OF 8
Q JANUARY 8. 2024
A W Z 132-W POSMON OF
HOLLY MAD
AND
A 7.5' % 118.38' PORnON OF AN UNNAM, 18' 1.AN$
Inu ADJACENT TO LOTS 127-A A 126 A
= Noum
(11.B. 6. PG. 107) (M.D. 285. PG. IS)
x>�r�e q'cri'1eisE' VMGMM Tuc Mt#IIriiA
co/ift mvem I CITY OF VDDWU WACB. VA I I PLLT.B-091 Jtt:225-ONO
LOT# OWNER(S) — N/F GPIN REFERENCE(S)
LOT 126 MAYBEE' JAMES A. do 2418-87-1755 M.B. S. PG. 107
MAYBEE, CYNTHIA A. D.B. 4104, PG. 1975
127-A HOLLY ROAD, LLC 2418-87-0679 M.S. 285, PG 18-19
D.B. 3829, PG. 657
128-A HOLLY ROAD, LLC 2418-77-9689 M.S. 285. PG 18-19
D.B. 4311, PG. 386
148 A SIEGEL, JACK L. & IN. 20161110001021810
BERTINI, USA A. 2418-87-1815 IN. 200305290083214
149 A WHITE, MATTHEW & 2418-87-0643 IN. 20161110001021810
WHITE. VALERIE IN. 202303013507
LOT 150 BEACH CUSTOM HOMES. LLC 2418-77-9880 M.B. 6. PG 107
IN. 202303025121
LOT 151-A BEACH CUSTOM HOMES, LLC 2418-77-9831 M.B. 285, PG 18-19
IN. 202303025125
LOT 152-A DAVID, JOHN Ado M.B. 285. PG 18-19
DAVID JULIA G. 24i8-77-8789 IN. 201008240ODS74330
A KENNETH J. ORTIZ & 2418-77-8694 M.B. 87, PG 41
SARAH A. ORTIZ LIVING TRUST IN. 20130318DO0310510
LTS
RIC NER r
uc. 2904
Of/01%2024
s
scat.$: NW MEW 2 OF 8
erx�T c w JANUAW s. 20s4
A 25' Y 1320 PORnON OF
RMY ROAD
AND
A 7.5' % 118.36' PORTION O!' AN UNNA)= 18' LANE
si ADJACENT TO LOTS 127—A & 125—A
WE HOLT=
(KIL S. PG. 107) (a(.H. 205. PG. 18)
ti= �ii�i I+ � TUiIIPL SUCH VmGIIm
tY eNb BKK Uff CT Yt110M EXAM TA I I P1Jh 8—mi >N:wo—m—
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® site Holly Road, LLC
Pro Polygons w E a
Property300 Bay Colony Drive S
Zoning and the adjoining western parcel
Building
Feet
0 1530 60 90 120 150 180
40
ITEM— VI.J.4
PLANNING ITEM
ITEM#76034
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED,AS CONDITIONED, BY CONSENT, application of WILLIAM F. DADDIO& JEAN A.
GENTRY for Street Closure re approximately 375 square feet of an unnamed, and unimproved alley,
adjacent to the rear of 817 Vanderbilt Avenue DISTRICT 5
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4
WILLIAM F. DADDIO & JEAN A. GENTRY for Street Closure re
approximately 375 square feet of an unnamed, and unimproved alley,
adjacent to the rear of 817 Vanderbilt Avenue (GPIN 2426376770)
DISTRICT 5
The following conditions shall be required:
L The City Attorney's Office shall make the final determination regarding ownership of the
underlying fee. The purchase price to be paid to the City shall be determined according to
the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"
approved by City Council. Copies of the policy are available in the Planning Department.
It has been determined that the purchase price to be paid to the City shall be$3,000, which
is consistent with similar street closures in this area.
2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate
the closed area into the adjoining lot. The resubdivision plat must be submitted and
approved for recordation prior to the final street closure approval. Said plat shall include
the dedication of a public drainage easement over the Right-of-Way to the City of Virginia
Beach, subject to the approval of the Department of Public Works, and the City Attorney's
Office, which easement shall include a right of reasonable ingress and egress.
3. The Applicant shall verify that no private utilities exist within the Right-of-Way proposed
for the closure. If private utilities do exist, easements satisfactory to the utility company,
must be provided.
4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated
conditions within 365 days of approval by City Council. If the conditions noted above are
not accomplished and the f nal plat is not approved for recordation within one year of the
City Council vote to close the right-of-way this approval shall be considered null and void.
This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia,on the 20`h day ofAugust Two Thousand
Twenty Four.
August 20, 2024
41
ITEM— VI.J.4
PLANNING ITEM
ITEM#76034
(Continued)
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
1 ORDINANCE APPROVING APPLICATION OF
2 WILLIAM F. DADDIO AND JEAN A. GENTRY FOR
3 THE CLOSURE OF ONE-HALF OF AN UNNAMED,
4 UNIMPROVED ALLEY ADJACENT TO THE REAR
5 OF 817 VANDERBILT AVENUE IN CROATAN
6
7 WHEREAS, William F. Daddio and Jean A. Gentry applied to the Council of the
8 City of Virginia Beach, Virginia, to have the hereinafter described portion of an
9 unnamed, unimproved right-of-way discontinued, closed, and vacated;
10
11 WHEREAS, William F. Daddio died on July 13, 2024;
12
13 WHEREAS, Jean A. Gentry (the "Applicant") desires to proceed with the street
14 closure; and
15
16 WHEREAS, it is the judgment of the Council that said portion of right-of-way be
17 discontinued, closed, and vacated, subject to certain conditions having been met on or
18 before one (1) year from City Council's adoption of this Ordinance.
19
20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
21 Beach, Virginia:
22
23 SECTION 1
24
25 That the hereinafter described portion of unnamed, unimproved right-of-way (the
26 "Right-of-Way") be discontinued, closed and vacated, subject to certain conditions being
27 met on or before one (1) year from City Council's adoption of this ordinance:
28
29 ALL THAT certain piece or parcel of land situate, lying and
30 being in the City of Virginia Beach, Virginia, designated and
31 described as "AREA OF PROPOSED STREET CLOSURE
32 (375 SQ. FT. OR 0.009 ACRES)" and shown as the cross-
33 hatched area on that certain street closure exhibit entitled:
34 "STREET CLOSURE EXHIBIT OF THE EASTERN 7.5
35 FEET OF 15' ALLEY (A PUBLIC RM) LOT 16; BLOCK 13
36 CROATAN BEACH (M.B. 24, PG. 37) VIRGINIA BEACH,
37 VIRGINIA", dated April 25, 2024, prepared by WPL, a copy
38 of which is attached hereto as Exhibit A.
39
40 SECTION II
41
42 The following conditions must be met on or before one (1) year from City
43 Council's adoption of this ordinance:
44
45 No GPIN assigned (City Right-of-Way)
46 Adjacent to GPIN: 2426-37-6770
47 1. The City Attorney's Office will make the final determination regarding
48 ownership of the underlying fee. The purchase price to be paid to the City of Virginia
49 Beach shall be determined according to the "Policy Regarding Purchase of City's
50 Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the
51 policy are available in the Planning Department. It has been determined that the
52 purchase price to be paid to the City shall be $3,000, which is consistent with similar
53 street closures in this area.
54
55 2. The Applicant shall resubdivide the property and vacate internal lot lines to
56 incorporate the closed area into the adjoining lot. The resubdivision plat must be
57 submitted and approved for recordation prior to the final street closure approval. Said
58 plat shall include the dedication of a public drainage easement over the Right-of-Way to
59 the City of Virginia Beach, subject to the approval of the Department of Public Works,
60 and the City Attorney's Office, which easement shall include a right of reasonable
61 ingress and egress.
62
63 3. The Applicant shall verify that no private utilities exist within the Right-of-
64 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility
65 company shall be provided.
66
67 4. Closure of the Right-of-Way shall be contingent upon compliance with the
68 above stated conditions within 365 days of approval by City Council. If the conditions
69 noted above are not fulfilled and the final plat is not approved for recordation within one
70 year of the City Council vote to close the Right-of-Way, this approval shall be
71 considered null and void.
72
73 SECTION III
74
75 1. If the preceding conditions are not fulfilled on or before August 19, 2025,
76 this Ordinance will be deemed null and void without further action by the City Council.
77
78 2. If all conditions are met on or before August 19, 2025, the date of final
79 closure is the date the street closure ordinance is recorded by the City Attorney.
80
81 3. In the event the City of Virginia Beach has any interest in the underlying
82 fee, the City Manager or his designee is authorized to execute whatever documents, if
83 any, that may be requested to convey such interest, provided said documents are
84 approved by the City Attorney's Office.
85
86 SECTION IV
87
88 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit
89 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
90 VIRGINIA BEACH (as "Grantor") and JEAN A. GENTRY (as "Grantee").
91 Adopted by the Council of the City of Virginia Beach, Virginia, on this 20th day
92 of August . 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Planning Department City Attorney
CA 16424
\\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d025\p045\00981896.doc
R-1
August 5, 2024
EXHIBIT A
LOT 6LOT 7
(M.B. 24, PG. 37) I (M.B. 24, PG. 37) I (M.B. 2725, PG. 1002)
GPIN: 2426-37-5653 GPIN: 2426-37-5638 I GPIN: 2426-37-5723
72" VINYL FENCE I
48" WOOD FENCE 72" WOOD FENCE
15F ALLEY N 04'14'15" If 50'
(M.B. 24, PG. 37)
(UNIMPROVED) h xxx
04'14'15" W 50' 7.5' PUBLIC
DRAINAGE EASEMENT
GRAVEL_}/ (I.N. 20070712000939220)
WALKWAY
�A�B Sp�j AREA OF
PROPOSED STREET
LOT 18 CLOSURE
o ^ (375 SO. FT. OR
N/F 0.009 ACRES)
N/F WILLIAM F DADDIO &
MAUREEN R. KENNY JEAN A GENTRY
(D.B. 3473, PG. 812) (I.N. 200404080055463) BLOCK
LOT 15 (M.B. 24, PG. 37) g 13
(M.B. 24, PG. 37) GPIN: 2426-37-6770
GPIN: 2426-37-6655
4i N/F
3 ROBERT E CALANDRA &
SIGRID N CALANDRA
L� U�yf '� (I.N. 20200617000518970)
;� to LOT 17 A
(I.N. 20070712000939220)
IC ARNER GPIN: 2426-37-6725
Lic. o. 2904
04/2512624
� o
UR �nwo P.I.
S
NOTES: S O4.14'15" E 50'
1. THIS EXHIBIT IS INTENDED TO SHOW THE
AREA OF PROPOSED RIGHT-OF-WAY CLOSURE VANDERB/L T A VENUE
AND INDEPENDENT OF THE ASSOCIATED (80' R/W)(M.8. 24, PG. .37)
RECORD DOCUMENT(S) AND IS NOT INTENDED (FORMERLY PACIRC AVENUE)
FOR ANY OTHER THAN GENERAL REFERENCE,
2. A TITLE REPORT HAS NOT BEEN PROVIDED
FOR THIS PROPERTY.
STREET CLOSURE EDIT
OF
THE EASTERN 7.5 FEET OF
15' AUZY (A PUBLIC R/W)
LOT 16; BLOCS 13
CROATAN BEACH
Landscape Architecture (M.B. 24, PG. 37)
Land Surveying 757-431-10 VIRGINIA BEACH VIRGINIA
CivN Engineering wpislte.coite.com • SHEET 1 OF 1
242 MSTANG TRAIL, SUITE IT
NI Y RGA REACH VIRGIN IA 23452 SCALB: 1"=20' APRIL 25, 2024
CAD obk URB/eag CITY OF VOMM BJ AM Yw I F.B.1074 PG.74 PLAT:C-64 JN:224-0059
A�12
ago
c�
�. R 1-0 c'v
R10
R10 ;o
0
R1�0
N
® Site
Property Polygons William F. Daddio & Jean A. Gentry
Zoning 817 Vanderbilt Avenue s
Building
Feet
0 1530 60 90 120 150 180
42
ITEM— VI.J 5
PLANNING ITEM
ITEM#76035
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, AS CONDITIONED, BY CONSENT, application of SCOTT GRIFFITH ALDRICH&
JULIA WAREING ALDRICH, TRUSTEES UNDER THE ALDRICH FAMILY TRUST for a Change
in Nonconformity re alter and expand an existing dwelling at 200 43rd Street DISTRICT 6
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
SCOTT GRIFFITH ALDRICH & JULIA WAREING ALDRICH,
TRUSTEES UNDER THE ALDRICH FAMILY TRUST for a Change
in Noncon ormity re alter and expand an existing dwelling at 200 43rd
Street(GPIN 2418961328)DISTRICT 6
The following conditions shall be required:
L Except as modified by any condition below, or as necessary to meet City Development
Ordinances and Standards, the Site shall be developed substantially in accordance with
the concept site layout entitled "Modification of a Non-Conforming Use Exhibit of Lot 32
map of Cavalier Shores,"prepared by WPL, dated April 26, 2024 and is on file in the
Department of Planning and Community Development.
2. Except as modified by any condition below, or as necessary to meet City Development
Ordinances and Standards, the Site shall be developed substantially in accordance with
the concept renderings and elevations prepared by Serliana Architecture, dated May 28,
2024, exhibited to Planning Commission and City Council and are on file in the
Department of Planning and Community Development.
3. Any variation to the proposed building materials as described in the elevations prepared
by Serliana Architecture, dated May 28, 2024, may be considered subject to the review and
approval of the Director of Planning and Community Development.
4. The maximum number of dwelling units on the subject Site shall not exceed two (2).
5. The minimum front yard setback shall be 15 feet, the minimum rear yard setback shall be
.75 feet, the minimum setback between the primary structure and the accessory structure
shall be 13 feet, and the minimum side yard setback adjacent to a street shall be 7 feet.
These are deviations from dimensional standards for R-7.5 Residential in the Zoning
Ordinance.
6. The minimum lot width shall be 64 feet. This is a deviation from the lot width requirement
for R-7.5 Residential in the Zoning Ordinance.
August 20, 2024
43
ITEM— VI.J.5
PLANNING ITEM
ITEM#76035
(Continued)
This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 201h day ofAugust Two Thousand
Twenty Four.
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
5-
43
rdstreet ,-
R7.5
43r
d Street
d street
43 R7.5
CID
c�
1 1�
0 a�f Stre� -
42na H-
R7.5
i \
N
® Site
Property Polygons
Scott Griffith Aldrich & Julia Wareing Aldrich W
-*
Zoning
200 43rd Street S
Building
Feet
0 510 20 30 40 50 60
44
ITEM— VI.J.6
PLANNING ITEM
ITEM#76036
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED,AS MODIFIED,BY CONSENT,application of NOVA TRAMPOLINE PARK VIRGINIA
BEACH,LLC/ELIAS PROPERTIES SALEM CROSSING,LLC for a Modification of Conditions to a
Conditional Use Permit re indoor commercial recreation facility at 2029 Lynnhaven Parkway DISTRICT
7
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4
NOVA TRAMPOLINE PARK VIRGINIA BEACH, LLC / ELIAS
PROPERTIES SALEM CROSSING, LLC for a Modification of
Conditions to a Conditional Use Permit re indoor commercial recreation
facility at 2029 Lynnhaven Parkway(GPIN 1475868600)DISTRICT 7
The following conditions shall be required:
1. This Conditional Use Permit applies only to 2029 Lynnhaven Parkway, (approximately
50,046 square feet) of the Salem Crossing Shopping Center as indicated on the exhibit
entitled "Proposed Renovations for Kroger—Training Center,"dated April 27, 2023, and
prepared by Federal Hill Architect as exhibited to City Council and on file with the
Department of Planning& Community Development.
2. The proposed exterior building signage shall comply with the requirements of the Zoning
Ordinance.
3. The applicant shall obtain all necessary permits and inspections from the Planning
Department/Permit and Inspections Division, Health Department, and Fire Department.
The applicant shall obtain a Certificate of Occupancy from the Building Official prior to
commencing operation.
4. The facility shall operate only between the hours of 7:00 a.m. and 12:00 a.m. (midnight).
5. "Court Rules for Jumpers"shall be posted within the facility at the main entrance, visible
by all who enter the facility, as well as at the entrance of each trampoline court area.
6. All individuals under thirteen (13) years of age shall be accompanied by an adult
chaperone.
7. The maximum number of individuals within the facility shall not exceed the maximum
number as determined by the Fire Marshal.
8. There shall be a minimum of two (2) staff members on Site at all times that are certified
for First Aid and Automated External Defibrillator(AED) training.
August 20, 2024
45
ITEM— VLJ.6
PLANNING ITEM
ITEM#7603 6
(Continued)
9. There shall be no sale of alcohol at this location. There shall be no State ABC License
associated with this business.
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 20'h day of August Two Thousand
Twenty Four.
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W
"Worth" Remick Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
�A 1,2) O� P D.H�1�
R7.5 ,�
R5D
R 10 B 2 P D-H1
a B22 0
a � R
B2 r
LiR7.5
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ol B'2
Q
Q
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0 ��� �� � o
on
s
a� �� B2 O `--�0 O
2 a
N
® Site
Property Polygons
Nova Trampoline Park Virginia Beach, LLC W r
Zoning
2029 Lynnhaven Parkway s
Building
Feet
0 60120 240 360 480 600 720
46
ITEM— VI.J.7
PLANNING ITEM
ITEM#7603 7
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, AS PROFFERED, BY CONSENT, application of ERVIN JAMES for a Conditional
Change of Zoning from AG-2 Agricultural District to Conditional R-10 Residential District re create two
single-family residential buildings lot at 2336 Painters Lane DISTRICT 5
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA
ERVIN JAMES for a Conditional Change of Zoning from AG-2
Agricultural District to Conditional R-10 Residential District re create
two single-family residential buildings lot at 2336 Painters Lane (GPIN
2414653251)DISTRICT 5
The following conditions shall be required.•
An agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20 day ofAugust Two Thousand
Twenty Four.
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
ERVIN JAMES
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 29th day of April, 2024, by and between ERVIN JAMES,
Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia,Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of a certain parcel of property located in the City of
Virginia Beach, containing approximately 28,130.2 square feet which is more particularly
described in Exhibit"A"attached hereto and incorporated herein by this reference. Said parcel
is herein referred to as the"Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the
City of Virginia Beach,Virginia,by petition addressed to the Grantee so as to change the Zoning
Classification of the Property from AG-2 Agricultural District to Conditional R-10 Residential
District;and
WHEREAS,the Grantee's policy is to provide only for the orderly development of land for
various purposes through zoning and other land development legislation;and
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible
development of various types of uses conflict and that in order to permit differing types of uses
on and in the area of the Property and at the same time to recognize the effects of change that
will be created by the Grantor's proposed rezoning,certain reasonable conditions governing the
use of the Property for the protection of the community that are not generally applicable to land
similarly zoned are needed to resolve the situation to which the Grantors' rezoning application
gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to
the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map
GPIN: 2414-65-3251-0000
Prepared by&Return to:
R.Edward Bourdon,Jr.,Esq.,VSB#22160
Sykes,Bourdon,Ahern&'Levy,P.C.
4429 Bonney Road
Suite 500
Virginia Beach,Virginia 23462
with respect to the Property, the following reasonable conditions related to the physical
development, operation, and use of the Property to be adopted as a part of said amendment to
the Zoning Map relative and applicable to the Property, which has a reasonable relation to the
rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, his successors, personal representatives, assigns,
grantees, and other successors in title or interest, voluntarily and without any requirement by
or exaction from the Grantee or its governing body and without any element of compulsion or
qjLid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby
makes the following declaration of conditions and restrictions which shall restrict and govern
the physical development,operation, and use of the Property and hereby covenants and agrees
that this declaration shall constitute covenants running with the Property,which shall be binding
upon the Property and upon all parties and persons claiming under or through the Grantor, his
successors,personal representatives,assigns,grantees,and other successors in interest or title:
1. ' When the Property is developed, it shall be subdivided into two (2) single family
residential building lots with separate driveway entrances from Painters Lane situated
substantially as shown on the exhibit entitled, "REZONING EXHIBIT FOR ERVIN JAMES, 2336
PAINTERS LANE, VIRGINIA BEACH, VIRGINIA", dated 04/29/24, prepared by Colliers
Engineering and Design,which has been exhibited to the Virginia Beach City Council and are on
file with the Virginia Beach Department of Planning & Community Development (hereinafter
"Rezoning Exhibit"),which is incorporated herein by reference.
2. When the existing home upon LOT B - 13,747.7 Sq. Ft. depicted on the Rezoning
Exhibit is renovated and expanded,or removed and replaced it shall contain a minimum of 2,200
square feet of living area and a two (2) car garage, as will the new home to be constructed on
LOT A - 14,382.5 Sq. Ft.. The new home to be constructed on LOT A and any new home
constructed to replace the existing home on LOT B shall utilize only the following exterior
building materials:architectural shingles,premium vinyl siding,cementitious siding,brick,stone
and dryvit.
3. Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City codes by all cognizant City agencies and
departments to meet all applicable City code requirements.
All references hereinabove to the R-10 Residential District and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision
2
Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this
Agreement by City Council,which are by this reference incorporated herein.
The above conditions,having been proffered by the Grantor and allowed and accepted by
the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and
effect until a subsequent amendment changes the zoning of the Property and specifically repeals
such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning
Ordinance even if the subsequent amendment is part of a comprehensive implementation of a
new or substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record
owner of the Property at the time of recordation of such instrument, provided that said
instrument is consented to by the Grantee in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing
before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the
Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent,and if not so recorded,said instrument
shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach,Virginia, shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions and restrictions, including the
authority(a)to order,in writing,that any noncompliance with such conditions be remedied;and
(b) to bring legal action or suit to insure compliance with such conditions, including mandatory
or prohibitory injunction,abatement, damages,or other appropriate action,suit,or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these
provisions, the Grantor shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the conditions may
be made readily available and accessible for public inspection in the office of the Zoning
3
Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor
and the Grantee.
4
WITNESS the following signature and seal:
Grantor:
(SEAL)
Ervin a es
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to wit:
The foregoing instrument was acknowledged before me this 301h day of April, 2024, by
Ervin James,Grantor.
Notary Public
My Commission Expires: August 31,2026 +•.•` PNJTA ,Q�•.,��
Notary Registration Number:192628 ,'••. .s,•.�
n" CP
5
EXHIBIT "A"
ALL THAT certain lot,piece or parcel of property with the improvements thereon situate in the
City of Virginia Beach (the"City"),being the northern residue portion of Tract 3 as shown on that
certain plat (the"Plat' entitled "Plat Showing Property Acquired by The City of Virginia Beach
From Earnest&Alexzenia James Princess Anne-Virginia Beach,Virginia Bureau Of Surveys And
Mapping" dated July 21, 1981, and recorded in the Office of the Clerk of the Circuit Court of the
City in Deed Book 2221,at Page 03332 which parcel is further bounded and described as follows:
Beginning at the point of intersection of the southern right-of-way line of Painters Lane and the
northwestern boundary line of a 20' Private Entrance Road; thence, S 47' 38' 45"W a distance
of 185.90'±to the point of intersection with the northern boundary line of the parcel designated
as"Proposed Ferrell Parkway"on the Plat; thence,S 66' 55' 09" E along the northern boundary
line of Proposed Ferrell Parkway a distance of 165.93'± to the point of intersection with the
western boundary line of Tract 3 as shown on the Plat; thence, N 25' 44' 32" E a distance of
158.79'±to the point of intersection with the southern right-of-way line of Painters Lane;thence,
S 70'39' 53" E along the southern right-of-way line of Painters Lane a distance of 224.40'to the
Point of Beginning.
GP1N: 2414-65-3251-0000
W\AM\^'Conditional Rezoning\^'James\Proffer Agreement.doa
6
47
ITEM— VI.J.8
PLANNING ITEM
ITEM#76038
The following registered to speak.-
Tyler Rosa,Attorney for Applicant, 222 Central Park Avenue, Phone:282-5052, spoke in SUPPORT
Craig Van Bremen, Chief Development Officer Express Wash Concepts spoke in SUPPORT
After City Council discussion Council Member Rouse made a motion, seconded by Vice Mayor Wilson, to
DENY application of GREEN CLEAN HOLLAND. LLC/ALP&ALEX ASLAN for a Conditional Use
Permit re car wash facility at 4245 Holland Road DISTRICT 10(Deferred from July 9, 2024)
Council Member Remick then made a SUBSTITUTE MOTION, seconded by Council Member Taylor, to
DEFER to SEPTEMBER 3, 2024, application of GREEN CLEAN HOLLAND. LLC/ALP & ALEX
ASLANfor a Conditional Use Permit re car wash facility at 4245 Holland Road DISTRICT 10(Deferred
from July 9, 2024)
Voting: 6-4
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick,Joashua F. "Joash"Schulman and Chris Taylor
Council Members Voting Nay:
Dr.Amelia N.Ross-Hammond,Jennifer Rouse, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
48
ITEM— VI.J.8
PLANNING ITEM
ITEM#76038
(Continued)
Upon motion by Council Member Remick, seconded by Council Member Taylor, City Council
DEFERRED TO SEPTEMBER 3, 2024, application of GREEN CLEAN HOLLAND. LLC/ALP &
ALEX ASLAN for a Conditional Use Permit re car wash facility at 4245 Holland Road DISTRICT 10
(Deferred from July 9, 2024)
Voting: 7-3
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Joashua F. "Joash"Schulman, Chris Taylor and Vice Mayor
Rosemary Wilson
Council Members Voting Nay:
Dr.Amelia N.Ross-Hammond,Jennifer Rouse and Sabrina D. Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
49
ITEM— VI.J.9
PLANNING ITEM
ITEM#76039
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, AS CONDITIONED, BY CONSENT, application of CALIBER BODYWORKS OF
VIRGINIA,LLC DBA CALIBER COLLISION CENTERS/GHS II,LC for a Conditional Use Permit
re automobile repair garage at 3417 Chandler Creek Road, Units 135, 136, & 137 DISTRICT 10
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
CALIBER BODYWORKS OF VIRGINIA, LLC DBA CALIBER
COLLISION CENTERS/GHS II,LC for a Conditional Use Permit re
automobile repair garage at 3417 Chandler Creek Road, Units 135, 136,
& 137(GPIN 1495047961)DISTRICT 10
The following conditions shall be required:
1. No outside storage or display of equipment,parts, tires, merchandise, or materials shall
be permitted on the site.
2. Vehicles in a state of obvious disrepair shall only be stored inside Units 135, 136, or 137.
3. No vehicles in obvious state of disrepair shall be parked in the parking lot at 3417 Chandler
Creek Road or parked on Chandler Creek Road.
4. All motor vehicle painting and repairs shall only take place inside the designated suites at
3417 Chander Creek Road.
5. Hours of operation shall be between 7:30 a.m. and 5:30 p.m., Monday through Friday,
only.
6. Any signage on site shall conform to the standards and regulations set forth in the Zoning
Ordinance.
7. No window or outdoor advertising banners, pennants, streamers, or other such visual
devices beyond those permitted by the City Zoning Ordinance shall be permitted on the
property.
This Ordinance shall be effective in accordance with Section 107(t) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20`h day ofAugust Two Thousand
Twenty Four.
August 20, 2024
50
ITEM— VI.J.9
PLANNING ITEM
ITEM#7603 9
(Continued)
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
12
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® site Caliber Bodyworks of Virginia, LLC W E
Property Polygons DBA Caliber Collision Centers
s
1-71 Zoning 3417 Chandler Creek Road,
Building Units 135, 136, & 137
Feet
0 50100 200 300 400 500 600
51
ITEM— VI.J.IO
PLANNING ITEM
ITEM#76040
The following registered to speak.-
Diamond Farrow, Applicant, spoke in SUPPORT
After City Council discussion Council Member Schulman made a motion, seconded by Council Member
Henley, to DENY application of DIAMOND FARROW/STAR REAL ESTATE,LLC for a Conditional
Use Permit re assembly use at 4604 Pembroke Lake Circle, Suite 104 DISTRICT 9
Council Member Wooten then made a SUBSTITUTE MOTION, seconded by Council Member Rouse, to
DEFER to SEPTEMBER 3, 2024, application of DIAMOND FARROW/STAR REAL ESTATE,LLC
for a Conditional Use Permit re assembly use at 4604 Pembroke Lake Circle, Suite 104 DISTRICT 9
Voting: 8-2
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Chris Taylor
and Sabrina D. Wooten
Council Members Voting Nay:
Vice Mayor Rosemary Wilson
Joashua F. `Joash"Schulman
Council Members Absent:
David Hutcheson
August 20, 2024
52
ITEM— VI.J.10
PLANNING ITEM
ITEM#76040
(Continued)
Upon motion by Council Member Wooten,seconded by Council Member Rouse, City Council DEFERRED
TO SEPTEMBER 3, 2 02 4, application of DL4MOND FARROW/STAR REAL ESTATE, LLC for a
Conditional Use Permit re assembly use at 4604 Pembroke Lake Circle, Suite 104 DISTRICT 9
Voting: 9- 1
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Chris Taylor,
Vice Mayor Rosemary Wilson and Sabrina D. Wooten
Council Members Voting Nay:
Joashua F. "Joash"Schulman
Council Members Absent:
David Hutcheson
August 20, 2024
53
ITEM— VI.J.11
PLANNING ITEM
ITEM#76041
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, AS CONDITIONED, BY CONSENT, application of BRIAN L. HARRIS/AL MASON
LANDSCAPING,INCfor a Conditional Use Permit re automobile repair garage at 212 Southgate Avenue
& adjoining southern parcel DISTRICT 4
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
BRIAN L. HARRIS / AL MASON LANDSCAPING, INC for a
Conditional Use Permit re automobile repair garage at 212 Southgate
Avenue& adjoining southern parcel(GPINs: 1467944748, 1467944746)
DISTRICT 4
The following conditions shall be required:
L This Conditional Use Permit shall expire after five (5) years from the date of City
Council action. To continue the use of the Automobile Repair Garage after such
expiration, a new Conditional Use Permit shall be obtained.
2. Hours of operation shall be between 8:00 a.m. to 5:30 p.m., Monday through Friday
only.
3. Parking spaces shall be marked by freestanding signage in substantial conformance
with the style exhibited to Planning Commission and City Council and/or by concrete
wheel stops.
4. No alterations shall be made to the existing buildings.
5. All automobile repairs shall take place only inside the building.
6. No outside storage of equipment,parts, materials, tires, merchandise, or similar objects
or goods shall be permitted.
7. The parking lot shall be for use by employees, customers, and customer vehicles only.
There shall be no storage of other vehicles on site(e.g., offsite storage for automobile
sales).
8. No outside storage of vehicles in obvious disrepair shall be permitted if vehicles in this
condition require storage, then such vehicles shall be stored within the building.
9. All lighting and glare shall be deflected, shaded, and focused away from adjoining
property.
10. No automobile sales shall be permitted.
August 20, 2024
54
ITEM— VI.J.11
PLANNING ITEM
ITEM#76041
(Continued)
11. Any cleaning and/or detailing of vehicles shall only be permitted indoors and shall
adhere to all required regulations for collection, treatment, and disposal of wastewater.
12. No building foundation landscaping nor parking lot landscaping shall be required. This
is a deviation from the landscape requirements in the Site Plan Ordinance.
13. The ADA space shall meet the minimum dimensional requirements as set forth in the
Zoning Ordinance (9 feet by 18 feet) and shall be paved with a hard surface like
concrete or asphalt.
This Ordinance shall be effective in accordance with Section 107()9 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20'day ofAugust Two Thousand
Twenty Four.
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
CO i
12
Q
.�
N
® Brian
-
ian L Harris W F:
Property Polygons 212 Southgate Avenue S
R Zoning & adjoining southern parcel
Building
Feet
0 1020 40 60 80 100 120
55
ITEM— VI.J.12
PLANNING ITEM
ITEM#76042
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, AS CONDITIONED, BY CONSENT, application of LOGAN'S TOWING& SERVICE,
INC/SOUTHGATE, LLC for a Conditional Use Permit re automobile repair garage at 225 & 229
Southgate Avenue DISTRICT 4
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
LOGAN'S TOWING & SERVICE, INC/SOUTHGATE, LLC for a
Conditional Use Permit re automobile repair garage at 225 & 229
Southgate Avenue(GPIN 1467942968)DISTRICT 4
The following conditions shall be required:
1. This Conditional Use Permit shall expire after five(5)years from the date of City Council
action. To continue the use of the Automobile Repair Garage after such expiration, a new
Conditional Use Permit shall be obtained.
2. Prior to the issuance of the Certificate of Occupancy for the use the site will in substantial
conformance with site plan and landscaping exhibit titled "SITEAND BUILDING PLANS,
AUTO REPAIR AND SERVICE FACILITY, LOGAN S TOWING & SERVICE, INC.," as
prepared by Verebely&Associates,Architects, and dated April 29, 2024.
3. Hours of operation shall be between 8:00 a.m. to 5:30 p.m., Monday through Saturday
only.
4. All automobile repairs shall take place only inside the building.
5. No outside storage of equipment,parts, materials, tires, merchandise, or similar objects
or goods shall be permitted.
6. The parking lot shall be for use by employees, customers, and customer vehicles only.
There shall be no storage of other vehicles on site (e.g., offsite storage for automobile
sales).
7. No outside storage of vehicles in obvious disrepair shall be permitted if vehicles in this
condition require storage, then such vehicles shall be stored within the building.
8. All lighting and glare shall be deflected, shaded, and focused away from adjoining
property.
9. No automobile sales shall be permitted.
August 20, 2024
56
ITEM— VI.J.12
PLANNING ITEM
ITEM#76042
(Continued)
10. Any cleaning and/or detailing of vehicles shall only be permitted indoors and shall adhere
to all required regulations for collection, treatment, and disposal of wastewater.
This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20rh day ofAugust Two Thousand
Twenty Four.
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
Admiral Wright Road
2
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Fi-11
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Site
Property Polygons Logan's Towing & Service, Inc W E
Zoning 225 & 229 Southgate Avenue S
Building
Feet
0 1530 60 90 120 150 180
57
ITEM— VI.K
APPOINTMENTS
ITEM#76043
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
ACTIVE TRANSPORTATION ADVISORY COMMITTEE
ADVERTISING ADVISORY COMMITTEE
AGRICULTURE ADVISORY COMMISSION
ARTS AND HUMANITIES COMMISSION
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
CLEAN COMMUNITY COMMISSION
COMMUNITY SER VICES BOARD
EASTERN VIRGINIA INDUSTRIAL FACILITYAUTHORITY
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
OPEN SPACE ADVISORY COMMITTEE
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
STORMWA TER MANAGEMENT IMPLEMENTA TION AD VISOR Y GROUP
TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE
URBAN A GRICUL TURE ADVISORY COMMITTEE
VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE
VIRGINIA BEACH COMMUNITYDEVELOPMENT CORPORATION
WETLANDS BOARD
August 20, 2024
58
ITEM— VI.K
APPOINTMENTS
ITEM#76044
Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED:
ROBIN FOREMAN-WHEELER
(Hampton Roads Community Foundation)
ROBERT LOUGEN
(At-Large Member)
ROSEMARY WILSON
(City Council Member)
Three year term 91112024—813112027
COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
59
ITEM— VLK
APPOINTMENTS
ITEM#76045
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
GRACE PEAR
Unexpired term thru 1213112025
COMMUNITY SERVICES BOARD
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
60
ITEM— VI.K
APPOINTMENTS
ITEM#76046
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
DON HORSLEY
And
REAPPOINTED:
MICHAEL STANDING
GUENTER WEISSENSEEL
Four year term 91112024—813112028
DEVELOPMENT AUTHORITY
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
61
ITEM— VI.K
APPOINTMENTS
ITEM#76047
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
NAMAN CHOWDHARY
AUBREYSWAIN
(High School Students)
Student term 812012024—613012025
HISTORIC PRESERVATION COMMITTEE
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
62
ITEM— V1 K
APPOINTMENTS
ITEM#76048
Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED:
THOMAS MCKEE
(Multi Family Home Builder)
DON WEEKS
(Single Family Home Builder)
Four year term 101112024—913012028
HOUSING ADVISOR YBOARD
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
63
ITEM— VI.K
APPOINTMENTS
ITEM#76049
Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED:
SIMONE NIED
(High School Student)
Student term 101112024—613012025
HUMAN RIGHTS COMMISSION
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
64
ITEM— VI.%
APPOINTMENTS
ITEM#76050
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
CAPTAIN JOSHUA APPEZZATO
(Commanding Officer Naval Air Station Oceana)
No Term
GUENTER WEISSENSEEL
(Development Authority Member)
Unexpired term thru 813112025
Plus five year term 91112024-813112029
OCEANA LAND USE CONFORMITY COMMITTEE
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
65
ITEM— VIX
APPOINTMENTS
ITEM#76051
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
BARRETTLANKFORD
(High School Student)
Student term 812012024—613012025
PARKS AND RECREA TION COMMISSION
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
66
ITEM— VI.K
APPOINTMENTS
ITEM#76052
Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED:
ROBERT HOFHEIMER
LISA VARGA
Four year term 91112024—813112028
PUBLIC LIBRARY BOARD
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
67
ITEM— VI.K
APPOINTMENTS
ITEM#76053
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
RYANSUIT
(Cannabis Industry)
Unexpired thru 1213112025
VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
David Hutcheson
August 20, 2024
68
ADJOURNMENT
ITEM#76054
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7:50 P.M.
Terri H. Chelius
Chief Deputy City Clerk
-Mi
Amanda Barnes, MA Robert M. Dyer
City Clerk Mayor
City of Virginia Beach
Virginia
August 20, 2024