HomeMy WebLinkAboutOCTOBER 15, 2024 FORMAL SESSION MINUTES �NIA.B '1
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VIRGINIA BEACH CITY COUNCIL
Yirginia Beach, Virginia
OCTOBER 1 S,2024
Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference
Room, Tuesday, October 15, 2024 at 1:30 P.M.
Council Members Present:
Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Joashua F. "Joash"Schulman,
Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
Dr. Amelia N. Ross-Hammond—Arrived at 1:49 P.M.
Jennifer Rouse-Arrived at 1:33 P.M.
2
CITY COUNCILS BRIEFINGS
COMMUNITY CHAPLAINCY PROGRAM
ITEM#76244
1:31 P.M.
Mayor Dyer welcomed Dr.Barrelevia Evans and Dr. Tymon Moore- Virginia Beach and Hampton Roads
Mayoral Commission. Dr. Evans expressed his appreciation to City Council for their continued support
and distributed copies of the presentation, attached hereto and made a part of the record.
Mayor Dyer expressed his appreciation to Dr. Evans and Dr.Moore for the presentation.
October 15, 2024
Scientia Institute
for Christian Studies
HAMPTON ROADS MAYORAL PRESEN IA'[10N
Sa ahword Ministry Alliance
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Chaplaincy
SAYANWDRD MBE"'
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Who Are We
► Our Motto:
"Where Knowledge is Pivotal in Each Step Toward Success"
► Our Mission:
The Philosophy of Ministry at the Scientia Institute for Christian Studies
focuses on delivering sacred care through purpose, presence, and
peace. Our Mission is to educate individuals on the fundamental
principles and significance of pastoral care, specifically in the
foundations of chaplaincy and servant leadership. This education
is aimed at equipping individuals to effectively address the needs
of our communities.
�ySC M.CyRs
Our Ask & Offerings ?
► Our Ask:
To have access and opportunity to provide community and municipal
chaplain service and training to the seven cities of Hampton Roads.
Creating opportunities for our graduates.
► Our Ask:
We are asking for a Grant of $ 150,000 from the interested Cities.
All contributions are Tax Deductible because we are a 501 c3 Nonprofit
Institution. Any opportunities for access to property as a campus home
and base of operations are also appreciated and welcomed.
mT i�
Our Desire �'� y� '
► Our Hope:
We desire to build strong relationships with our Municipal and
Community Leaders. This will foster the development of alliances and
alignment with organizations and processes established in each city.
► Our Strategy:
This initiative has great potential for bridging socio-political divides
within our communities because our chaplains do not present a
biased agenda. Our philosophy of culture and vision is to develop
community-minded influencers with hearts and moral principles
established in faith and the Golden Rule.
Our Vision :
Serving The
Crisis Intervention: Our services are designed
to reduce Post-traumatic Stress Disorder (PTSD),
to provide support for community peers &
those in Crisis to help them heal & recover.
Emotional/Psychological Support: Whether
trauma, alcohol or substance abuse, self-injury
& suicidal thoughts. Chaplains counsel & assist
victims in getting professional help. /
First Responder Support: Our chaplains provide `
care and on-call intervention to patients and 40
their families, respond to crisis calls, deliver
death notifications, visit sick responders, and
offer biblical counseling and grief ministry.
Please state any questions
you may • at this time .
FOR C
Yjp• SEA 4:G '
3
CITY CO UNCIL'S BRIEFINGS
COASTAL S TORM RISK MANA GEMENT STUDY UPDATE
ITEM#76245
1:48 P.M.
Mayor Dyer welcomed Keith Lockwood, Chief, Water Resources Division and Kristin Mazur, Coastal
Storm Risk Program Manager— US Army Corps of Engineers. Mr. Lockwood expressed his 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 Mr.Lockwood and Ms.Mazur for the presentation.
October 15, 2024
CITY OF VIRGINIA BEACH
COASTAL STORM RISK
MANAGEMENT FEASIBILITY +
STUDY
Keith Lockwood r
Chief, Water Resources Division ..
Kristin Mazur , -=
Program Manager
Norfolk Districts «` 1
r
Date: 15 October 2024
US Army Corps VIRGINIA
U.S.ARMY of Engineers BEACH
® CW Step 6: Division CW Step 11 District
Engineer's Transmittal Executes Design
' Agreement
�teptacement, and
Rehabilitation
{OMRR&R}
�: CW Step 7: Washington CW Step 12: District
Feasibility
rigressional Study Level Policy Review on
Resolution!Authority Final Report conducts Preconstruction
Engineering and Design
PED
Construction
Work by others
activities
CW Step 3: Execute Eml
CW Step 13: District
drafts Project
Partnership Agreement
(PPA)
CW Step 4: WEWORKS
Conduct Feasibility
StudyHERE -Assistant Secretary of C µ.
the Army for Civil appropriatesPROCESS
17 Works[ASA(CW)] Construction Funds
CW Step 5: Complete -Office of ManagementStepsto
Final Report for and Budget(OMB) WorksCivil
Coordination & Project
Submission
ut onzatior�
(WRDA Bill or other
legislation)
5
P MODELING EFFORTS : ENGINEERING AND ECONOMIC
Modeling Efforts
• Beach-fx will be used to evaluate structure damage caused by coastal
storm inundation, waves, and erosion/land loss in beachfront areas r
• G2CRM will be used to evaluate structure damage caused by coastal
storm surge flooding in tidally influenced areas that are not beachfront
• U.S. Army Corps of Engineers River Analysis System (HEC-RAS)
developed b the Hydrologic En Engineering Center.
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• HEC-RAS is used to develop the water surface profiles for the 50-year
period of analysis .
• Considers the USACE High Sea Level Curve
Considerations
• Analyzing approximately 20 miles of non-federal beachfront
• Alignment with Norfolk CSRM and Naval Facilitiesf z
throughout the study area •
• Cannot be completed within the 3x3x3 SMART study y
schedule or budget requirements
• Extensive time for model setup
• Extensive time for model runs and analysis
7
M- POTENTIAL MEASURES
Ih
Nonstructural Measures Structural Measures Nature-Based Solutions
V ih a:
• T
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LYNNHAVEN RIVER
• Alternative 1 — similar to proposed
engineered defenses in the Sea Level
Wise Strategy
• Includes dune/beach feature at Joint
Expeditionary Base (JEB) Fort Story
s _
Southsideof Lesner Bridge facing east
` wBeach Coastal Storm Risk Management
Lynnhaven Inlet Alt I
N
US Army Corps VIRGINIA
U.S.ARMY of Engineers BEACH
°4 �`•. A _ ., .may .., ._.ti , 9
LYNNHAVEN RIVER
• Similar to Alternative 1 but does not
include a proposed dune/beach
feature at JEB-Fort Story
aVB
N
US Army Corps VIRGINIA
U.S.ARMY of Engineers BEACH
11
LITTLE CREEK
• Alternative 2 includes the
beach/dune feature only and does
not include a storm surge barrier at
Little Creek Inlet
a -
rginia Beach Coastal Storm Risk Management
US Army Corps RGINIA
U.S.ARMY of Engineers BEACH
13
OCEANFRONT
Dune/beach features
8
excludes
I federal
n
property (JEB-Fort Story
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nd NAS
• I I I . I 1
US Army Corps
U.S.ARMy of Engineers
--9 Dune .,. v floodwall
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"' "" Oceanlronl Alf t ®� Oceanlronl Atl2 47""""""' ""`
RUDEE INLET
• Structural alternative includes a
floodwall that extends from the
southern terminus of Croatan beach
and along the edge of Virginia Army
National Guard's State Military
Reservation (SMR)
WVirginia Beach
astal Storm
US Army Corps N
U.S.ARMY of Engineers BEACH
17
BACK BAY
• Alternative 2 — includes
elevated roadways and two
gate crossings.
• No structural measures
proposed in Sandbridge
community
ManagementVB
N t7
US Army Corps VIRGINIA
U.S.ARMY of Engineers BEACH 19
BACK BAY / SOUTHERN RIVERS
• Alternative 1 — same
alignment as shown in the
Sea Level Wise Adaptation
Strategy (2020)
• Alternative 2 — alignment
extends to the intersection of
Muddy Creek Rd and Horn
Point Rd
® •
w
, :
US Army CorpsNIA Risk Management
U.S.ARMY of Engineers:, N �� ��
N
19
ELIZABETH RIVER
• Three alternative alignments
identified for further evaluation
• Alternative 1 — same alignment as
presented in the Sea Level Wise
Adaptation Strategy (2020)
• Alternative 2 — alignment proposed
adjacent to S. Military Hwy
• Alternative 3 - alignment proposed
adjacent to 1-64
A"w" irginia Beach Coastal Storm Risk Management
US Army Corps Elizabeth River Soutern Branch Alts
VIRGINIA
U.S.ARMY of Engineers BEACH
21
HYDRODYNAMIC AND WATER QUALITY MODELING
OVERVIEW
• Purpose: to characterize potential hydrodynamic and water quality impacts resulting from storm surge barrier
systems
• Modeling results will be used to understand the potential effects of these systems on circulation and water
quality and determine if these impacts would be significant
• Results will be further extrapolated to understand the potential direct and indirect impacts to environmental
resources and localized ecosystems that will be discussed in the feasibility report as well as to inform potential
mitigation actions.
• Modeling efforts underway by U.S. Army Engineer Research and Development Center (ERDC) Coastal
Hydraulics Laboratory (CHL) and expected to take up to 17 months
US Army Corps
U.S.ARMY of Engineers BEACH
22
27
`, PROPOSED SCHEDULE AND FUNDING STREAM
Milestone VTAM Date
Due to the size and complexity of the
Signing of Feasibility Cost Share Agreement CW130 21-Ju1-2022 A Va Beach study area, the team is
Alternatives Milestone CW261 9-Nov-2022 A collecting geotechnical and survey
data on the refined alternatives. This
Tentatively Selected Plan Milestone CW262 8-Jul-2025 S * reduces the time and cost of
Draft Report Submittal to HQ CW150 8-Se -2025 S collecting data. Having data collection
and engineering design concurrent
Public Release of Draft CW250 8-Se -2025 S with the draft report completion and
public reviews allows for more time to
Agency Decision Milestone CW263 7-Ma -2027 S get to a class III cost estimate. This is
Submit Final Report Package to Vertical Team CW160 05-Nov-2027 S the most streamline way to complete
the study for WRDA2028.
Signed Chief's Report CW270 30-Ma -2028 S
FEDERAL AND NON-FEDERAL SCHEDULE OF COSTS JUNE 2024
N-FED WORK
YEAR TOTAL IN KIND* N-FED CASH FED IEPR FED
FY22 $200,000 $0 $0 $200,000
FY23 $1,700,000 $0 $950,000 $750,000
FY24 $2,400,000 $0 $1,200,000 $1,200,000
FY25 $3,000,000 $0 $1,500,000 $1,500,000
FY26 $2,800,000 $0 $1,300,000 $1,300,000 $200,000
FY27 $2,000,000 $0 $1,000,000 $1,000,000
FY28 $1,400,000 $14,000 $686,000 $700,000
TOTAL $13,500,000 $14,000 $6,636,000 $6,650,000 $200,000
*$14,000 WIK provided to date, however, more WIK may be applied.
29
FINAL PRODUCTS AND STUDY OUTCOME
- The final Feasibility Report will recommend a plan for authorization and
construction and includes results of analysis and modeling and an initial design
(-30%) and Class III cost estimate
- The Chief's Report is what is called the "authorizing document" that allows for
congress to authorize the recommended project and appropriate federal funds for
implementation
An example of a completed CSRM feasibility study is the City of Norfolk CSRM
Feasibility Study which recommended a project that is currently in the
preconstruction engineering and design phase and has been allocated $399.3
million via the Bipartisan Infrastructure Law
4
CITY COUNCILS BRIEFINGS
URBAN FORESTRY& TREE MITIGATION PLAN UPDATE
ITEM#76246
2:37P.M.
Mayor Dyer welcomed Michael Kirschman, Director, Frank Fentress, Park and Landscape Services
Administrator and Brooke Costanza, City Arborist—Parks & Recreation. Mr. Kirschman expressed his
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 Mr. Kirschman, Mr. Fentress and Ms. Costanza for the
presentation.
October 15, 2024
I 1�
"1
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t
FY 2024- 25 Tree Mitigation Plan and
Urban Forest Management Plan Update
Brooke Costanza and Frank Fentress 10/15/2024
CITY OF
VIRGINIA
��� BEACH
Urban Tree Canopy ( UTC ) Analysis
a
Virginia Beach UTC Analyses
2012 — 41.7% overall UTC
o
2018 — 40.3/0 overall UTC
.{ 2024 — Analysis in the works
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Between 2012 and 2018, Virginia Beach lost 1.4%
of our UTC - 2082 acres - 219,105 trees
Urban Forest Management Plan adopted by Council in 2014
Urban Forest Management Plan Update to be voted on
tonight
• Keeps the 2014 overall UTC goal of 45% by 2045 3 .
How do we get to 45 % by 2045 ?
UFMP Explains Strategies to Reach the Goal
-Continue Tree Inventory
-Identify available parcels for reforestation preservation ' • °• ..'�`
-Continue with tree loss mitigation •:►• s+ :�am�
-Undertake a Multi-Level Education Program • ,'.':�' .� • �.'• �•
-Target Public Lands
•
Future Considerations °•:'�
-Inform Other City Departments and Development Community about •
UTC Goals and Tree Mitigation
-Incentivize Tree Protection Through Land Development Ordinances
(bonuses for development density, fund tree planting offsite,
preservation credits) -
-Establish a Tree Protection Easement Program (existing trees & tax
relief) "
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V13 URBAN FOREST
MANAGEMENT PLAPO
Parks & PARK&LANDSCAPE SERVICES I PLANNING,DESIGN r&DEVELOPMENT
Recreation PREPARED BY: Stromberg Garrigan &Associates, Inc. I WPL Site Design 7 _
Existing and Proposed Ordinances
Existing Ordinance and Policy adopted by city ;°
7 z::
council:
-Anyone must have the approval of the City Arborist or Landscape
Administrator to remove vegetation on city property. f
-2020 Council Policy - Any tree removed on city property as a result yf
of a city project must be replaced.
. 6
Proposed New Ordinance:
_;
-Any tree removed on city property as a result of private
construction must be replaced.
r, a
-Park & Landscape Services has been working with Planning to
amend the mitigation standards and finalize processes before .x
proposing a modified ordinance.
n
Tree Type #Planted
Maple 135
• Planting I Serviceberry 4
River Birch 13
Hornbeam 30
Cedar 3
■ Redbud 40
•o'!E: ° White
. � O
Fringetree 11
1073 trees planted in FY24 Council Tree PlantiDogwood 1
Hawthrn 2
Q, oBeech 13
o Q off' o 11 trees with DominionEnergy 1 60 Fig 1
cYjc� O � � Ginkgo 2
mitigation • 2 127 Holly 10
8 0 _ about $111 11 1 Juniper 14
fJp a o�8°� 0' r��00 3 68 Crape Myrtle 4
$25
• • • 4 30 Tulip Poplar 34
ng
Magnolia 108
O � i' plantingS 524 Sequoia 17
Blackgum 88
6 96 Hop Hornbeam 25
- Mitigation • Ironwood 5
- _ 7 34 Pine 8
•
Chinese
- _ 8 45 Pistachio 22
a • Sycamore 11
' � 9 35 Cherry 8
t.t,� � 10 54 oak 320
Bald Cypress 25
Linden 19
Elm 100
Mitigation Plan for FY25
Preservation . R
$ 100,000 in mitigation funds
_ -- „ • Materials and equipment for
16 in-house flexible pavement
i s
installation
}
` • Advanced Tree Care
r
. r
Tree Preservation FY25
74" Sycamore at Francis Land House
w -Estimated to be almost 350 years old
-Considered removal in 2012
Instead, we chose to do :
Y Z'
l -Corrective Pruning
r -Exclusion Fencing
_ g
-Expanded Mulch Ring
-Lightning Protection
-Aeration
-Fertilization
S
CITY MANA GER'S BRIEFING
NIMMO VII-B UPDATE
ITEM#7624 7
3:20 P.M.
Mayor Dyer welcomed L.J. Hansen, Director and Toni Utterback, City Engineer — Public Works. Mr.
Hansen expressed his appreciation to City Council for their continued support and distributed copies of
the presentation, attached hereto and made a part of the record.
Mayor Dyer expressed his appreciation to Mr. Hansen and Ms. Utterback for the presentation.
October 15, 2024
o
t s
l
NIMMO PARKWAY PHASE VII - B
City Council Briefing
Toni Utterback, PE, City Engineer
U Hansen, PE, Director of Public Works
October 15, 2024
CITY OF
VIRGINIA
���•�.,,,� BEACH
'��'_•'" M+__�� �'r. fir.�.y�..„���� .
Agenda
• Project Purpose & Need
• Project Overview
• Project Status <<� HIGH fi
+ � / i
Purpose and Need
• The purpose of the Nimmo Parkway Phase VII-6 project is to provide safe,
reliable access and connectivity to the Sandbridge Community.
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y
Safety
• Sandbridge Road is a 5.4-mile, two-lane roadway, with no shoulders
• Homes, businesses, Back Bay National Wildlife Refuge, cemeteries, and a
church are directly adjacent to Sandbridge Road
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Vehicular Crashes *
• Over 100 crashes were ' ' •e
reported in the area
between 2019 and 2023
a
• 35% of the total crashes `
involve vehicles running off .. �
the road a
z
*According to VDOT's Crash Data
9 VB
Project Overview
Nack Road .
• • • . . +�V ���I �� �? �` Dam
Neck
• • . . • . D �,� �! Annex
Nimmo .-T
'Sand rf—e,Roa Back Bay
• . •
Legend r_ National
t WilAlile
Refuge
Back Bay National Wildlife Sandbridge Road-Nimmo
• • Refuge Parkway Phase VII-A
Military Base • • Phase VII-B Nimmo Parkway
• • . • • �s Nimmo Parkway Alternative
Project Renderings
F
R4
15
Environmental Process
V V
A_
V. '..hBeach P'
• EIS Study Area includes the ■
communities adjacent to the existing `
Nimmo Parkway and Sandbridge Road
• This includes the Road Sandbridg e
/
New Bridge Road intersection
Flood Protection Project to raise the
intersection and build a large box culvert
under New Bridge Road
• Project on hold pending completion of 5
Nimmo Parkway VII-B EIS
17 VB
Project Status
19
Schedule and Budget*
• Design — 30% Complete
• Construction NTP — Q4 2029
• Construction Complete — Q2 2032
• Estimated Total Project Cost — $58.9 M
• $15 M federal contribution ($3 M in 2022 Federal Omnibus Bill)
• $20.5 M state contribution
• $18.5 M local funding
• $ 4.9 M (Balance to Complete)
*FY25 Adopted CIP
21 VB
THANK YOU
QUESTIONS ?
VBCITY OF
VIRGINIA
BEACH 23
6
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#76248
3:44 P.M.
Council Member Ross-Hammond provided the following comments:
- The Virginia Municipal League(VML)hosted their annual conference October 13`h —
1 Sth at the Oceanfront and had over 300 people in attendance, some drove eight (8)
hours to attend. Council Member Ross-Hammond encouraged the Body to attend VML
events in the future, explaining only she and Mayor Dyer attended, and it was held in
the City. Council Member Ross-Hammond advised several topics were presented and
discussed includingyouth sports, repurposingparking garages, airport infrastructure,
impact of social media etiquette for elected officials and when to block someone and
artificial intelligence data.
- On October 13`h,she,Mayor Dyer and Council Members Taylor and Wooten presented
a Resolution to Geneva Wills who is 98 years old at the Mount Zion African Methodist
Episcopal Church. Council Member Ross-Hammond advised the pastor expressed his
appreciation to her and Mayor Dyer for staying until the end of the service as many
political leaders typically leave early. Council Member Ross-Hammond gently
encouraged the Body to keep that in mind when attending similar events.
- On Friday, Pharrell Williams, Pusha T and their friends came to play basketball on
the new basketball court at the Virginia African American Cultural Center. Council
Member Ross-Hammond advised it was not an announced event and was a wonderful
surprise to the kids who were there to watch the "Something in the Water" and
"Cousins" teams play. Council Member Ross-Hammond advised it was also really
nice to see Mr. Williams stay afterwards with his wife and children.
October 15, 2024
7
CITY COUNCIL DISCUSSIONIINITLITIVES/COMMENTS
ITEM#76249
(Continued)
Council Member Schulman advised he and Mayor Dyer attended the Hampton Roads Transit
(HRT)kickoff event in Town Center on Monday which will provide people on-demand ridesharing
in the Bayside area for free until October 261h. Council Member Schulman explained beginning
October 27`h, the cost will be $2.00 per person,per ride and is similar to Uber except you may
share the ride with someone else going to the same or nearby destination. Council Member
Schulman advised service areas include Town Center,Pembroke,Sentara Leigh Hospital, Virginia
Wesleyan University, Williams Farm Recreation Center, Bayside Library , Princess Anne High
School and several neighborhoods within Districts 4 and 9 such as Aragona, Lake Edwards and
Lakeview Park. Council Member Schulman expressed his appreciation to HRT and the Body for
their support and looks forward to hearing more about the program expanding to other areas in
the future.
October 15, 2024
8
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#76250
(Continued)
Council Member Rouse provided the following comments:
- Council Member Rouse expressed her appreciation to the members of the Active
Transportation Advisory Committee (ATAC) and referenced the letter emailed to the
Body earlier today regarding the proposed 2025 Legislative Agenda Package,
explaining the purpose of their letter was to thank the Body for incorporating their
work into the draft which includes measures to protect vulnerable roadway users and
to secure state funding for the Virginia Beach Trail. Council Member Rouse advised
they also provided support for implementing public safety technology and supports
expanding local authority to install speed enforcement cameras.
- The Body will vote on an item relating to the nighttime use of City Public Libraries
tonight and the Public Library Board(PLB) members want to emphasize everyone is
welcome at all Public Libraries, the intent of the proposed Ordinance is to ensure
visitors are safe by limiting parking and overnight use of the grounds.
- The City Public Library was selected by the Urban Library Council as the winner of
the 2024 Top Innovators Award in the Education: Children and Adults category for its
Environmental STEM:Play and Learn initiative for young learners. Council Member
Rouse expressed her pride that more than 230 library projects covering six (6)
categories were submitted from across the United States and Canada for this award
and Virginia Beach was one of the category winners.
- Council Member Rouse advised today is the last day to register to vote and encouraged
citizens to go to https:lliwillvote.com/to register to vote or if already registered, to
verify registration status.
October 15, 2024
9
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#76251
(Continued)
Council Member Henley advised last Thursday evening, the Virginia Beach Farm Bureau (VBFB) held
their annual meeting to adopt Resolutions for each level of government and she will provide copies to the
Body in their Friday Package. Council Member Henley advised one of the Resolutions provide their
support of the City's Charter requiring a voter referendum before any changes are made to the City's
election system. Council Member Henley referenced the proposed 2025 Legislative Agenda Package which
removes the voter referendum requirement and advised she and the VBFB do not support removing the
requirement.
October 15, 2024
10
AGENDA REVIEW SESSION
ITEM#76252
3:54 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
K. ORDINANCESIRESOL UTIONS
1. Ordinance to ADD City Code Section 17-7 re nighttime use of City Libraries property
2. Ordinance to AMEND City Code Chapter 6, Article 1 re obstructing and contaminating the
waterways
3. Resolution to RATIFY amendments to the Community Services Board Bylaws
4. Resolution to DIRECT the City Manager to impose conditions upon the City's future financial
support re Something in the Water Festival
5. Ordinance to EXTEND the date for satisfying the conditions in the matter of Commonwealth
Brewing Company, LLC re closing a portion of Lake Drive adjacent to 2444 Pleasure House
Road
6. Ordinance to AUTHORIZE temporary encroachments into a 20'City-owned drainage easement
and a 5'City-owned drainage and utility easement at the rear of 1414 Sea Breeze Trail re maintain
existing concrete ramp and timber floating dock with a lift, and construct and maintain a vinyl
bulkhead(DISTRICT 8)
7. Ordinance to ACCEPT and APPROPRIATE $142,074 from the Virginia Department of
Behavioral Health and Developmental Services to the FY 2024-25 Human Services Operating
Budget and AUTHORIZE one (])full-time position re support substance use disorder clinical
services
8. Ordinance to ACCEPT and APPROPRIATE$80,000 from the Virginia Department of Criminal
Justice Services to the FY 2024-25 Police Department Operating Budget repurchase equipment
to reduce violent crime
9. Ordinance to ACCEPT and APPROPRIATE $74,588 from the United States Department of
Homeland Security to the FY 2024-25 Police Department Operating Budget and TRANSFER
$24,863 within the FY 2024-25 Police Department Operating Budget to provide the required local
grant match re marine patrol equipment
10. Ordinance to ACCEPT and APPROPRIATE$37,431 from the Supreme Court of Virginia, Office
of the Executive Secretary to the FY 2024-25 Commonwealth's Attorney Operating Budget and
A UTHORIZE a 25%grant match re drug and alcohol testing for the Virginia Beach Drug Court
October 15, 2024
11
AGENDA REVIEW SESSION
ITEM#76252
(Continued)
H. Ordinance to APPROPRL4TE $4.3-Million of fund balance from the General Fund to the FY
2024-25 Operating Budget and TRANSFER funds as Pay-Go Funding to Capital Project#100664
"Virginia Beach 5131 Memorial"re construction of the Virginia Beach 5131 Memorial
K. ORDINANCES I RESOLUTIONS:
COUNCIL MEMBER WOOTEN WILL VOTE VERBAL NAY ON ITEM#1
ITEM#11 WILL BE CONSIDERED SEPARATELY
October 15, 2024
12
AGENDA REVIEW SESSION
ITEM#76252
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
L. PLANNING
1. BEACH FRAMING AND DRYWALL, LLC for a Variance to Section 4.4(b) of the Subdivision
Regulations re replace an existing mobile home with a single-family dwelling for a parcel directly
East of 1924 Gum Bridge Road DISTRICT 2
2. SUGAR PLUM, INC.for a Modification of Proffers re bakery specializing in dog treats and
similar products at 1361 Laskin Road DISTRICT 6(Approved February 10, 1998)
3. FERBER COMPANY CENTRAL,LLC,/LYNNHAVEN BOA L, LLC& LYNNHAVEN BOA
a LLC for a Modification of Proffers re redevelop the site with an eating and drinking
establishment with a drive-thru at 2061 Lynnhaven Parkway DISTRICT 7 (Approved July 14,
1998, September 25, 2001, and September 23, 2003)
4. 4`h GENERATION HOME BUILDERS,LLC for a Conditional Change of Zoning from PD-HI
Planned Unit Development to Conditional A-18 Apartment District(Amendment to Land Use Plan)
re develop a 25-unit residential townhouse condominium community for a parcel on Commuter
Drive, directly East of 1436 South Independence Boulevard DISTRICT 10
5. MELLIE VALL4NOS REYNOLDS/ VALLINOS PROPERTIES, LLC for a Modification of
Conditions to a Conditional Use Permit and a Conditional Use Permit re automobile repair garage
at 619 London Bridge Road DISTRICT 3(Approved 1978)
6. AARON C. DAVENPORT/AARON& KENDRA DAVENPORT for a Conditional Use Permit
re short term rental at 42122"d Street DISTRICT 6
7. TRAVIS SMITH/TRAVIS&ELIZABE TH SMITHfor a Conditional Use Permit re short term
rental at 304 28`h Street, Unit 205 DISTRICT 6
8. Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan, 2016
re The Urban Forest Management Plan, 2023, which will supersede the Urban Forest
Management Plan,2014
L.PLANNING ITEMS:
COUNCIL MEMBER REMICK FILED A DISCLOSURE ON ITEM#2
ITEM#1 WILL BE CONSIDERED FOR DEFERRAL TO NOVEMBER 12,2024
October 15, 2024
13
ITEM#76253
Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
• District 2
• District 6
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 of the public bodypursuant
to Section 2.2-3711(A)(29)
• Project Ramp
PERSONNEL MATTERS: Discussion, consideration, or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees of any public body
pursuant to Section 2.2-3711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees,Authorities,Agencies and Appointees
October 15, 2024
14
ITEM#76253
(Continued)
Upon motion by Council Member Rouse,seconded by Council Member Ross-Hammond, City Council voted
to proceed into CLOSED SESSION at 4.05 P.M.
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
Break 4:05 P.M. — 4:15 P.M.
Closed Session 4:15 P.M. — 5:27 P.M.
October 15, 2024
15
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
OCTOBER 15, 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, October 15, 2024, at 6.•00 P.M.
Council Members Present:
Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
INVOCATION: Mayor Dyer
MOMENT OF SILENCE
PLEDGE OF ALLEGLINCE 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`h Street Suite 102,
Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of
Howard Hanna,and the volume of transactions it handles in any given year,Howard Hanna has an interest
in numerous matters in which she is not personally involved and of which she does not have personal
knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for
each meeting of City Council for the purpose of identifying any matters in which she might have an actual
or potential conflict. If, during her review of the agenda for any given meeting of the Council,she identifies
a matter in which she has a "personal interest," as defined in the Act, she will file the appropriate
disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly
makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record.
October 15, 2024
16
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 andLocal 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.
October 15, 2024
17
VI.F
CERTIFICATION
ITEM#76254
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: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 15, 2024
OUR NP
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINL4 BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the
affirmative vote recorded in ITEM#76253 on Page 14 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.
4NN--
AAjda a es, MC
City Clerk
October 15, 2024
18
ITEM— VI.G.I
MINUTES
ITEM#76255
Upon motion by Council Member Rouse, seconded by Council Member Remick, City Council APPROVED
the MINUTES of the INFORMAL and FORMAL SESSIONS of October 1,2024
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse,Joashua F. `Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Abstaining:
Chris Taylor
Council Members Absent:
None
October 15, 2024
19
ITEM— V.G.2
MINUTES
ITEM#76256
Upon motion by Council Member Rouse,seconded by Council Member Remick, City Council APPROVED
the MINUTES of the FORMAL SESSION of October 8,2024
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse,Joashua F. "Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Abstaining:
Chris Taylor
Council Members Absent:
None
October 15, 2024
20
ITEM— VI.H.I
PUBLIC HEARINGS
ITEM#7625 7
Mayor Dyer DECLARED a PUBLIC HEARING:
PROPOSED CHARTER AMENDMENT
Implement 10-1 Election System
The following registered to speak.-
Bryan Sullivan, 1009 Autumn Woods Drive, Phone: 848-702-1029, spoke in SUPPORT
Richard "RK"Kowalewitch, 824 24th Street,Phone: 831-6143, spoke in OPPOSITION
Dorothy Patterson, 824 24th Street, Phone: 422-3337, spoke in OPPOSITION
Craig Henson, 1825 Garden Drive, Phone: 377-5270, spoke in OPPOSITION
Tim Ritter, 1081 Culmer Drive, Phone: 550-1595, spoke in OPPOSITION
Gary McCollum, 3901 Meeting House Road, Phone: 708-5987, spoke in SUPPORT
James Hoggard, spoke in SUPPORT
Carl Wright, 1144 Mondrian Loop, Phone:235-5596, spoke in SUPPORT
Senator Aaron Rouse, spoke in SUPPORT
There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING
*John Moss, 4109 Richardson Road, Phone: 636-1534, emailed written comments and requested they be
included in the record. By direction of Mayor Dyer, Mr. Moss's correspondence is attached hereto and
made apart of the record.
October 15, 2024
Dear Honorable Mayor and Members of City Council:
It is unfortunate that the City Council did not proactively act to place an advisory referendum question
or questions on the ballot this November to secure the voters aggregated judgment for which you now
seek input. The input you will receive will be self-selection; thus, while the feedback you will receive will
not be insignificant it cannot be validated as representing the will of the voters on such an important
question.
The failure on a 6 to 5 vote to put the question or questions before the voter on the electoral system for
the City Council and by extension to the School Board per the City Charter contributed to the situation
the community finds itself in.
The calling for a public hearing for input in advance of petitioning the General Assembly once again for a
City Charter change to implement the 10-1 District system with little, if any, public interaction upfront
gives rise to skepticism about the lack of transparency.
Since the General Assembly is not likely to take action until the Circuit Court case filed by Mr. Linwood
Branch challenging the legality of the 10-1 District system is adjudicated given a trial date has not yet
been set, which will be no sooner than after the November 5, 2024, General Election, is this input being
solicited to:
1. inform the City Council's decision to appeal to the State Supreme Court, if the ruling finds for
the plaintiff;
2. Inform the City Council's decision not to request the General Assembly to adopt the 10-1
District System, if the Circuit Court rules for the plaintiffs by accepting the judgement, and then
requesting the General Assembly for the adoption of the 7-3-1 (district-at large-mayor) hybrid
model electoral system, or
3. Another scenario?
Will any request made to the General Assembly include the language that whatever action is taken that
the formal adoption of any charter change shall not take effect unless it is ratified by a majority of the
votes cast by Virginia Beach voters at the next scheduled General Election in November of 2025?
I personally favor a district system, but I am just one of 330,000 plus registered voters, a majority of
which should decide what electoral system we have subject to applicable federal and state statutory
requirements and judicial precedents. The latter context being provided I offer the following additional
comments:
1. The city's charter amendment on the electoral system for city council and school board
subject to voter approval to be implemented should include the provision of a runoff between
the top two names on the ballots receiving the most votes when no candidate receives 50
percent+ one vote of the votes cast and that election is to be held two weeks after the results
of the applicable General Election are certified by the local State Electoral Board.
3
21
ITEM— VI.H.2
PUBLIC HEARINGS
ITEM#76258
Mayor Dyer DECLARED a PUBLIC HEARING:
ACQUISITION,BYAGREEMENT OR CONDEMNATION
Bus Stop Infrastructure and Accessibility Improvements Phase 9A Project
The following registered to speak.-
Craig Henson, 1825 Garden Drive, Phone: 377-5270, spoke in SUPPORT
There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING
October 15, 2024
22
ITEM— VI LI
PUBLIC COMMENT
ITEM#76259
Mayor Dyer DECLARED a PUBLIC COMMENT.-
2025 DRAFT LEGISLATIVE AGENDA
The following registered to speak.-
Craig Henson, 1825 Garden Drive, Phone: 377-5270, recommended the item regarding low impact
utility markings go to the Virginia State Corporation Commission for review
There being no additional speakers, Mayor Dyer CLOSED the PUBLIC COMMENT
October 15, 2024
23
ITEM— VI.J
FORMAL SESSION AGENDA
ITEM#76260
Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the
City Clerk will call the speaker and they will be given a total of six(6) minutes to speak on all items.
The City Clerk called the following speaker:
Charlotte Zito, 5369 Club Head Road, Phone: 434-249-3331, spoke in SUPPORT of Ordinance K I
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED,
BY CONSENT, Agenda Items Ordinances/Resolutions K. 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 and Planning
Items L: 1,2,3, 4, 5, 6, 7 and 8(DEFERRED TO NOVEMBER 12,2024)
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
K. ORDINANCES/RESOLUTIONS:
COUNCIL MEMBER WOOTEN WILL VOTE VERBAL NAYONITEM#I
ITEM#11 WILL BE CONSIDERED SEPARATELY
L.PLANNING ITEMS:
COUNCIL MEMBER REMICK FILED A DISCLOSURE ON ITEM#2
October 15, 2024
24
ITEM— VI.K I
ORDINANCESIRESOL UTIONS
ITEM#76261
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED,
BY CONSENT, Ordinance to ADD City Code Section 17-7 re nighttime use of City Libraries property
Voting: 10- 1
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor and Vice Mayor Rosemary
Wilson
Council Members Voting Nay:
Sabrina D. Wooten
Council Members Absent:
None
October 15, 2024
1 AN ORDINANCE TO ADD CITY CODE SECTION 17-
2 7 PERTAINING TO NIGHTTIME USE OF CITY
3 LIBRARIES
4
5 SECTION ADDED: § 17-7
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That Section 17-7 of the Code of the City of Virginia Beach, Virginia, is hereby
11 added and reordained to read as follows:
12
13 Sec. 17-7. Nighttime use of city libraries.
14
15 (a) Any person who remains upon or enters upon any city library property between the
16 hours of 8:00 pm and 8:00 am for more than a total of thirty minutes shall be quilts
17 of a Class 4 misdemeanor.
18
19 (b) This section shall not apply during city-sponsored events or events authorized by
20 city permit, nor shall it apply to any city employee or authorized agent while in the
21 performance of official duties.
22
23 (c) As provided by Code of Virginia § 15.2-1124, city library property is under city
24 police jurisdiction for the enforcement of this section pertaining to the use and
25 occupancy thereof.
26
27 (d) For the purpose of this section, "city library property" means any city-owned and
28 operated property open to the public for general library-related usage, including,
29 but not limited to, city library grounds and city library parking areas. The term "city
30 library property" shall not include the Joint-Use Library located at 1700 College
31 Crescent in Virginia Beach, Virginia.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day
of October 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
A i,
Department of Public Libraries City Attorney's Office
CA16535
R-2
October 9, 2024
25
ITEM— VI.K.2
ORDINANCESIRESOL UTIONS
ITEM#76262
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED,
BY CONSENT, Ordinance to AMEND City Code Chapter 6,Article 1 re obstructing and contaminating
the waterways
Voting.- I1 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. `JJoash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 15, 2024
1 AN ORDINANCE TO AMEND CHAPTER 6,
2 ARTICLE I OF THE CITY CODE, PERTAINING
3 TO OBSTRUCTING THE WATERWAYS AND
4 CONTAMINATING THE WATERWAYS
5
6 SECTION AMENDED: § 6-27
7
8 SECTIONS ADDED: §§ 6-34, and -35
9
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
11 VIRGINIA:
12
13 That Section 6-27 of the Code of the City of Virginia Beach, Virginia, is hereby
14 amended and reordained and Sections 6-34 and 6-35 are hereby added as follows:
15
16 Sec. 6-27. Removal or repair of dangerous or obstructing structures or vessels.
17 (a) Whenever the director of public works or his agent shall be of the opinion that any
18 vessel which has been abandoned or any wharf, pier, piling, bulkhead or any other
19 structure or vessel might endanger the public health or safety of other persons, or
20 might constitute an obstruction or hazard to the lawful use of the waters within or
21 adjoining the city, he shall ascertain the lawful owner of such property and notify
22 such owner in writing, by certified mail, to remove, repair or secure such wharf, pier,
23 piling, bulkhead or other structure or vessel within twenty-one (21) days. If the lawful
24 owner of such property fails to remove, repair or secure the same within thirty (30)
25 twenty-one (21) days of the date of mailing of such notice, the city, through its own
26 agents or employees, may remove, repair or secure such property.
27 (b) In the event the city, through its own agents or employees, removes, repairs or
28 secures any wharf, pier, piling, bulkhead or other structure or vessel, after complying
29 with the notice requirements of subsection (a) above, the cost or expense thereof
30 shall be chargeable to and paid by the owner of such property and, to the extent
31 applicable, may be collected by the city as taxes and levies are collected.
32 (c) If the identity or whereabouts of the lawful owner of any property referred to in
33 this section is unknown or not able to be ascertained after a
34 reasonable search and after written notice has been mailed to the last known
35 address of any known owner, the city, through its own agents or employees, may
36 repair or remove such wharf, pier, piling, bulkhead or other structure or vessel, after
37 giving notice by publication ^ ^^ eaGh week f MG (2) ..eek6 twice in a newspaper
38 of general circulation in the area where such property is located, with the first notice
39 appearing no more than twenty-eight (28) days before and the second notice
40 appearing no less than seven (7) days before proceeding with repair or removal.
41 (d) Every charge authorized by this section with which the owner of any such property
42 shall have been assessed and which remains unpaid, to the extent applicable, shall
43 constitute a lien against such property, and such lien shall be recorded in the
44 judgment lien docket book in the circuit court of the city. Such lien may be released
45 reduced to a personal judgment against the owner.
46 (e) Any property owner aggrieved of a determination
47 his agent under this section may appeal such determination to the city manager or
48 his designee, in writing, within fifteen (15) ten 10 business days of the date on
49 which such determination was mailed. The city manager or his designee shall
50 schedule a hearing of such appeal on a date not later than teR (10) five 5 business
51 days after the filing of the appeal; provided, however, that such hearing may, at the
52 discretion of the city manager or his designee, be rescheduled for good cause
53 shown. The director of public works or his agent shall take no action otherwise
54 permitted under this section during the pendency of such appeal.
55
56 Sec. 6-34. Obstructing or contaminating waterways.
57 (a) Except as otherwise permitted by law, it shall be unlawful for any person to dump,
58 place or put, or cause to be dumped, placed or put into, upon the banks of or into
59 the channels of any waters within or adjoining the city any object or substance,
60 noxious or otherwise, which may reasonably be expected to endanger, obstruct,
61 impede, contaminate or substantially impair the lawful use or enjoyment of such
62 waters and their environs by others. Any person who violates any provision of this
63 law shall be guilty of a Class 1 misdemeanor. Each day that any of said materials or
64 substances so dumped, placed or put, or caused to be dumped, placed or put into,
65 upon the banks of or into the channels of, said streams shall constitute a separate
66 offense and be punished as such.
67 (b) In addition to the foregoing penalties for violation of this law, the judge of the circuit
68 court of the locality wherein any such violation occurs, whether there be a criminal
69 conviction therefor or not shall, upon a complaint filed by the city attorney or by any
70 person whose property is damaged or whose property is threatened with damage
71 from any such violation, award an injunction enjoining any violation of this law by
72 any person found by the court in such suit to have violated this law or causing the
73 same to be violated, when made a party defendant to such suit.
74
75 Sec. 6-35. Throwing trash, etc., into or obstructing river, creek, stream, or swamp.
76 (a) It shall be unlawful for any person to throw or otherwise dispose of trash, debris, tree
77 laps, logs, or fell timber or make or cause to be made any obstruction which exists
78 for more than a week (excepting a lawfully constructed dam) in, under, over or
79 across any river, creek, stream, or swamp, so as to obstruct the free passage of
80 boats, canoes, or other floating vessels, or fish in such waters.
81 (b) Violations of this section shall be punishable as a Class 1 misdemeanor; and each
82 day for which any violation continues without removal of such obstruction, on and
83 after the tenth day following service of process on the violator in accordance with
84 Virginia Code 19.2-75, shall constitute a separate offense punishable as a Class
85 1 misdemeanor.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 15th
day of October _____, 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Department f Public Works ! C' ttorney's Office
hJ
ALA.-
Ptment
CA16526
R-4
September 19, 2024
26
ITEM— VI.K.3
ORDINANCESIRESOL UTIONS
ITEM#76263
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED,
BY CONSENT,Resolution to RATIFY amendments to the Community Services Board Bylaws
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 15, 2024
1 A RESOLUTION TO RATIFY RECENT AMENDMENTS TO
2 THE BYLAWS OF THE COMMUNITY SERVICES BOARD
3
4 WHEREAS, the Community Services Board recently completed a review of its
5 bylaws;
6
7 WHEREAS, after considering the proposed changes, during its September 26,
8 2024 meeting, the Board approved several amendments to its bylaws;
9
10 WHEREAS, the Board's bylaws provide that amendments to the bylaws must be
11 reviewed and ratified by the City Council; and
12
13 WHEREAS, the City Council has reviewed the recommended amendments to the
14 bylaws of the Community Services Board and finds them to be acceptable.
15
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18
19 That the City Council hereby ratifies the amendments to the bylaws of the
20 Community Services Board, as approved by the Board, and attached hereto as Exhibit
21 "A".
Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 t h , day
of October , 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Department of Human Services City Attorney's Office
CA16652
R-1
September 10, 2024
Adopted September 6, 2016
Revised:August 15, 2024
City Council Resolution: :
EXHIBIT A
BY- LAWS
Virginia Beach Community Services Board (CSB)
ARTICLE I - NAME
The name of this Board shall be the Virginia Beach Community Services Board, hereinafter
referred to as the"Board."
ARTICLE II-FYI
The purpose of this Board shall be to act as an administrative policy community services
board and as the agent of the City of Virginia Beach, Virginia in the establishment and
operation of community mental health, developmental, and substance abuse services as
provided for in Title 37.2 of the Code of Virginia. The Board shall serve as the single point of
entry into publicly funded mental health, developmental, and substance abuse services in
Virginia Beach.
ARTICLE Ill- MEMBERSHIP AND TRAINING
Section 1. The membership of the Board shall consist of no less than six and no more than
eighteen members appointed by the City Council of the City of Virginia Beach, Virginia,
hereinafter referred to as the "City Council." - f4-W u
-fef-;-W'4.peimtFAPF;t Membership will be a
broad representation of the community. One-third of the appointments to the Board shall be
individuals who are receiving or who have received services or family members of individuals
who are receiving or who have received services, at least one of whom shall be an individual
receiving services. No employee of the Board or employee or board member of an organization
that receives funding from any community services board may be appointed a member of the
Board. Members will be appointed in accordance with Virginia Code § 37.2-501.
Section 2. The term of membership will be for three years from January 1 of the year of
appointment. No person will be eligible to serve more than three full terms; however, a
person first appointed to fill an unexpired term may serve three additional full three-year
1
Adopted September 6, 2016
Revised:August 15, 2024
City Council Resolution: date pending
terms. However, after a one-year period has elapsed since the end of the member's last
three-year term, the City Council may reappoint that member.
Section 3. Board member vacancies will be filled for unexpired terms in the same manner as
original appointments.
Section 4. Any Board member may be removed by City Council for cause after being given a
written statement of the causes and an opportunity to be heard thereon.
Section 5. Board members will receive training on their legal, fiduciary, regulatory, policy, and
programmatic powers and responsibilities and an overview of the Performance Contract within
one month of their appointment. Upon request, new board members will be assigned to an
experienced board member to serve as a mentor.
ARTICLE IV- POWERS AND DUTIES
The Board, as an administrative policy board and agent, of the City of Virginia Beach, shall be
subject to the laws and regulations relating to City agencies and shall have the general powers,
duties, and responsibilities of a Board as outlined in Virginia Code § 37.2-504.
1. Review and evaluate public and private community mental health,
developmental, and substance abuse services and facilities that receive funds
from it and advise the City Council as to its findings.
2. Pursuant to Virginia Code § 37.2-508, submit to the City Council a performance
contract for community mental health, developmental, and substance abuse
services forits approval prior to submission of the contract to the Department of
Behavioral Health and Developmental Services (hereinafter referred to as the
"DBHDS").
3. Within amounts appropriated for this purpose, provide mental health,
substance abuse and developmental services authorized under the
performance contract.
4. In accordance with its approved performance contract, enter into contracts with
other providers for the delivery of services oroperations of facilities.
5. Make policies or regulations concerning the delivery of services and operation
of facilities under its direction or supervision, subject to applicable policies and
2
Adopted September 6, 2016
Revised:August 15, 2024
City Council Resolution:dote pending
regulations adopted by the Board.
6. Upon request, participate with the City in the appointment and annual
performance evaluation of an executive director of community mental health,
developmental, and substance abuse services who meets the minimum
qualifications established by the DBHDS, and prescribe the director's duties. The
compensation of the executive director shall be fixed by the City Council in
consultation with the Board within the amounts made available by
appropriation for this purpose.
7. Prescribe a reasonable schedule of fees for services provided by personnel or
facilities under the jurisdiction or supervision of the Board and establish
procedures for the collection of those fees. All fees collected shall be included in
the performance contract submitted to the City Council and shall be used only
for community mental health, developmental, and substance abuse services
purposes. The Board shall institute a reimbursement system to maximize the
collection of fees from individuals receiving services under its jurisdiction or
supervision, consistent with the provisions of Virginia Code § 37.2-511, and
from responsible third-party payors. The Board shall not attempt to bill or
collect fees for time spent participating in commitment hearings for involuntary
admissions pursuant to Article 5 (Section 37.2-814 et seq.) of Chapter 8 of the
Code of Virginia.
8. Accept or refuse gifts, donations, bequests, or grants of money or property from any
source as allowed by City Policy and as authorized by the City Council.
9. Seek and accept funds through federal grants. In accepting federal grants, the
Board shall not bind the City Council to any expenditures or conditions of
acceptance without the prior approval of the City Council.
10. Notwithstanding any provision of law to the contrary, disburse funds
appropriated to it in accordance with such regulations as may be established by
the City Council.
11.Apply for and accept loans as authorized by the City Council.
12. Develop joint written agreements, consistent with adopted by the Board, with local
school divisions, health departments, boards of social services, housing agencies,
where they exist, courts, sheriffs, area agencies on aging, and regional offices of the
3
Adopted September 6, 2016
Revised:August 15, 2024
City Council Resolution: oute petidlrig
Department for Aging and Rehabilitative Services. The agreements shall specify the
services to be provided to individuals. All participating agencies shall develop and
implement the agreements and shall review the agreements annually.
13. Develop and submit to the DBHDS the necessary information for the
preparation of the Comprehensive State Plan for Behavioral Health and
Developmental Services pursuant to Virginia Code § 37.2-315.
14.Take all necessary and appropriate actions to maximize the involvement and
participation of individuals receiving services and family members of individuals
receiving services in policy formulation and services planning, delivery, and
evaluation.
15. Institute, singly or in combination with other community services boards or
behavioral health authorities, a dispute resolution mechanism that is approved by
the DBHDS. i he resolution will enable individuals receiving services and family
members of individuals receiving services to resolve concerns, issues, or
disagreements about services without adversely affecting their access to or receipt
of appropriate types and amounts of current or future services from the Board.
16. Notwithstanding the provisions of Virginia Code § 37.2-400 or any regulations
adopted thereunder, release data and information about each individual receiving
services to the DBHDS so long as the DBHDS implements procedures to protect the
confidentiality of that data and information.
17.Carry out other duties and responsibilities as assigned by the City Council.
18.Comply with all applicable laws and regulations, including but not limited to the
Virginia Freedom of Information Act and the Virginia State and Local
Government Conflict of Interests Act.
ARTICLE V-APPROVAL OF PROPOSED PERFORMANCE CONTRACT FOR MENTAL
HEALTH, DEVELOPMENTAL AND SUBSTANCE ABUSE SERVICES
Pursuant to Virginia Code § 37.2-508, the Board may apply for State assistance by
submitting annually to the DBHDS the City's proposed performance contract for the next
fiscal year once the performance contract has been (1) approved by the Board and (2)
approved by a vote of the City Council. The Board shall make the proposed performance
contract available for public review and solicit public comment for a period of 30 days
4
Adopted September 6, 2016
Revised:August 15, 2024
City Council Resolution: late pciiuw,
prior to the Board's approval and subsequent submission to the City Council for approval.
ARTICLE VI- OFFICERS OF THE BOARD AND THEIR DUTIES
Section 1. The officers of the Board shall consist of a Chair, Vice-Chair, and Secretary.
Section 2. The duties of the Chair shall be:
(a) To preside at all meetings of the full Board and Executive Committee.
(b) To establish ad hoc committees and appoint members and name chairs to all
committees (excluding the Nominating Committee), as deemed necessary for the
operation of the Board.
(c) To work closely with the Executive Director of the Community Services Board and
the City Manager.
(d) To perform any other duties determined by the Board in furtherance of
Community Services.
(e) To ensure that all federal, state, and local governments are informed as to the
activities of the Board as requested and appropriate.
(f) To collaborate with the Executive Director or their staff to ensure all meeting
minutes are disseminated to Board members and there is Board compliance with the
Virginia Freedom of Information Act.
(g) To be responsible for the integrity of the Board's process and make decisions about
Board process and delegation as provided by these By-Laws.
(h) To be responsible for implementation of City Code § 2-3.1(a) of the City of Virginia
Beach as it relates to Board member attendance requirements.
(i) To serve as ex-officio member of all committees, except the Executive Committee
and the Nominating Committee. The Chair shall have no authority over the committees
in which the Chair is attending as an ex officio member.
Section 3. The Vice-Chair shall, in the absence of the Chair, perform the dutiesof the Chair
and any other duties assigned by the Board orthe Chair.
Section 4. The duties of the Secretary shall be:
5
Adopted September 6, 2016
Revised:August 15, 2024
City Council Resolution: date pending
(a) To ensure the accuracy, integrity and maintenance of Board documents including
records of all meetings of the Board and Executive Committee and a copy of the Board's
By-laws, policy manual, and new Board member orientation notebook.
(b) To (1) ensure that any closed meeting is held in accordance with the Virginia
Freedom of Information Act, including the requirements for a motion that (i) identifies
the subject matter, (ii) states the purpose of the meeting, and (iii) makes specific
reference to the applicable exemption from open meeting requirements provided in
Virginia Code §§ 2.2-3707 or - 3711(A); and (2) ensure that at the conclusion of any
closed meeting, the Board immediately reconvenes in an open meeting and takes a roll
call or other recorded vote to be included in the Board's minutes certifying that to the
best of each Board member's knowledge, (i) only public business matters lawfully
exempted from open meeting requirements under the Act and (ii) only such public
business matters as were identified in the motion by which the closed meeting was
convened were heard, discussed or considered during the closed meeting.
(c) To perform duties of the Chair in the absence of the Chair and the Vice-Chair.
ARTICLE VII - OFFICER NOMINATIONS, ELECTIONS, TERMS OF OFFICE,
VACANCIES AND REMOVAL
Section 1. A I E)MIRatiRg-ccmrrr ttee iR aeee-raapee with-AFt*r=le-IX, Seeticn 2, shall
memth 9t#e Nominations shall be accepted from any Board member at the tome the
slate is pFese„ ed at the Board's meeting one month prior to its election month.
Section 2. The Board shall elect its officers at the November or December Board meeting,
whichever month is the Board's last meeting of the calendar year. A quorum must be present
for voting and a vote of two-thirds of members present is required to elect an officer.
Section 3. The term of office shall be for one year commencing on the first day of the
calendar year or until a successor is elected. No officer may serve more than three
consecutive terms in the same office. The Board may suspend this provision of the by-
laws and extend an officer's term upon a vote of two-thirds of its members to take
this action.
Section 4. Any vacancy occurring in the officers of the Board, regardless of the cause, shall
be filled bythe Board within 60 days of the vacancy. A quorum must be present for voting
and a vote of two-thirds of members present is required. Duration of such appointments
6
Adopted September 6, 2016
Revised:August 15, 2024
City Council Resolution: ut Ntndiny
shall be limited to the unexpired term of office.
Section 5. Officers shall serve at the pleasure of the Board and may be removed after
prior notice by a vote of two-thirds of members present at any regular meeting of the
Board. An officer may resign at any time by giving written notice to the Board or the
Board Chair. Any such resignation shall take effect on the date of the receipt of such
notice or at any later time as specified in the note.
ARTICLE Vill -MEETINGS AND ATTENDANCE
Section 1. The Board shall adopt an annual meeting schedule that reflects, at a minimum,
the frequency of meetings required by the Performance Contract. Board meetings shall be
held at a time and place determined by the Board and pursuant to the requirements of the
Virginia Freedom of Information Act. The Board may vote to cancel a scheduled meeting,
or the Board's Chair, in consultation with the Executive Director or designee, may cancel a
scheduled meeting. Public notice will be given of the cancellation of any Board meeting.
Section 2. Special meetings of the Board may be called by the Chair or upon written
request of three members.
Section 3. The quorum for all Board meetings shall be the majority of the total appointed
Board members.
Section 4. As required by City Code § 2-3.1, no Board member shall accumulate an annual
total of more than three absences or be absent from more than one-fourth of the total
number of meetings held within a given calendar year, for reasons other than personal
illness, the illness or death of a relative, or other circumstances beyond the member's
control. Additionally, if a member knows in advance that he or she is unable to attend a
meeting for any reason, the member should promptly inform the Chair or the appropriate
City staff member, so the Chair can determine in advance if a quorum will be present.
Section 5. As permitted by Virginia Code §2.2-3708.2 or its successor provision, and as
adopted in CSB Policy for Remote Participation by Members in CSB Meetings, allow CSB
members to join meetings from a remote location within the stipulated parameters.
7
Adopted September 6, 2016
Revised:August 15, 2024
City Council Resolution: rie peiiumy
ARTICLE IX- COMMITTEES
Section 1. There shall be a standing Executive Committee composed of the Board's three
officers. In addition, the Board's chair, in accordance with Article VI, Section 2-6 b, may appoint
to the Executive Committee an at-large member providing the Board is notified of the
appointment. The duties of the Executive Committee include but are not limited to the
following:
(a) Establish Board agenda;
(b) Act on the Board's behalf when directed to doso by the Board;
(c) Provide meeting notes and any recommendations of the Committee to the
Board;
(d) Prepare in collaboration with staff and with review and approval by Board
members, Board policies that comply with the Performance Contract;
(e) Plan for and participate in the orientation of new Board members; and
(f) Identify, in collaboration with staff, Board member educational and training
topics.
Section 2. The Board's chair in accordance with Article VI, Section 2-6, may appoint ad
hoc Board committees and prescribe the term, powers, and duties of ad hoc committees
as may be necessary or useful in the conduct of the business of the Board. The Chair of an
ad hoc committee shall be responsible for providing to the Board notes from committee
meetings and ensuring compliance with the Freedom of Information Act. Ad hoc
committees should report back to the full Board.
8
Adopted September 6, 2016
Revised:August 15, 2024
City Council Resolution: late pending
ARTICLE - OPERATING PROCEDURES
The Board, in carrying out its powers and duties in accordance with Article IV of these By-
Laws, shall utilize the following operating procedures:
(a) All employees of directly operated programs shall be subject to the personnel
policies and procedures of the City of Virginia Beach. Additionally, the Board hereby
adopts the City of Virginia Beach's grievance procedure.
(b) Pursuant to Virginia Code § 37.2 — 501, legal services to the Board shall be
provided by the City Attorney's Office.
(c) The City Treasurer shall receive those funds designated to the Board.
(d) The City of Virginia Beach Director of Finance shall serve as the Board's fiscal
agent. The City of Virginia Beach shall receive an independent annual audit of the
total revenues and expenditures of the Board, a copy of which shall be provided to
the DBHDS.
(e) The Board shall comply with the City of Virginia Beach policies and procedures for
purchasing equipment and supplies.
(f) The Board may, following review by the City of Virginia Beach Director of Finance
as to availability of funds and the City Attorney as to appropriate legal form, enter
into such agreements and contracts as are necessary to carry out its approved
programs.
(g) The Board may revise its budget categories to meet program needs as provided
in the budget ordinances of the City of Virginia Beach. When a budget revision is
necessary, the Board Executive Director shall submit the request in writing to the
City Finance Department prior to Board consideration of the proposed change.
The Finance Department will review the request for conformance to the City's
fiscal rules, regulations and budget ordinances and will notify the Executive
Director that the request is in compliance with these rules and regulations or, if
not, why not and what procedures need to be followed to achieve compliance.
(h) The Board shall be authorized to allocate all agency revenues in accordance with
DBHDS guidelines and in compliance with the policies of the City of Virginia Beach.
9
Adopted September 6, 2016
Revised:August 15, 2024
City Council Resolution: re pending
ARTICLE XI - ROBERTS RULES OF ORDER
Roberts Rules of Order, Newly Revised, shall govern the conduct of all Board proceedings
unless inconsistent with these By-Laws, in which case these By-Laws shall govern.
ARTICLEXII - PREVAILING AUTHORITY
In the event of any conflict between any provision of these by-laws and any provision of state
lay of City ordinance, the provision of state law or the City ordinance (in that order of
precedence) shall supersede such by-laws provisions. Additionally, if any Virginia Code or City
Code section cited herein is amended subsequent to the approval of these by-laws, references
to those code sections shall be interpreted to be references to the most recently amended
version of those code sections.
ARTICLE Xlll— BY- LAWS
The By-Laws may be amended at any regular meeting of the Board by two-thirds vote of the
membership, notice having been submitted to each Board member in writing two weeks
prior to the meeting. Such amendments shall then be reviewed and ratified by the City
Council.
10
27
ITEM— VI.K.4
ORDINANCESIRESOL UTIONS
ITEM#76264
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED,
BY CONSENT, Resolution to DIRECT the City Manager to impose conditions upon the City's future
financial support re Something in the Water Festival
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 15, 2024
1 A RESOLUTION TO DIRECT THE CITY MANAGER
2 TO IMPOSE CONDITIONS UPON THE CITY'S
3 FUTURE FINANCIAL SUPPORT FOR THE
4 SOMETHING IN THE WATER FESTIVAL
5
6 WHEREAS, the 2019 Something in the Water Festival was an unprecedented
7 success that greatly enhanced the City's regional and national profile;
8
9 WHEREAS, the 2020 Something in the Water Festival was canceled due to
10 limitations upon the gathering of people during the COVID-19 Pandemic;
11
12 WHEREAS, the Something in the Water Festival returned to Virginia Beach in
13 April2023;
14
15 WHEREAS, the City Council approve the City's sponsorship for the Something in
16 the Water Festival in its approval of the FY2024-25 Operating Budget;
17
18 WHEREAS, the Something in the Water Festival that was to be held in October
19 2024 was cancelled less than a month prior to the Festival, and this cancellation has
20 contributed to community concerns as to the City's role vis-a-vis the Festival;
21
22 WHEREAS, the City Council wants to affirm its commitment to the Something in
23 the Water Festival and to provide certain conditions that will give the City more
24 assurances as to schedule and coordination; and
25
26 WHEREAS, the Something in the Water Festival recently committed to
27 announcing new dates for the Festival by October 19, 2024.
28
29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA, THAT:
31
32 The City Council hereby directs the City Manager to include the following in the
33 Sponsorship Agreement with Something in the Water for the Spring 2025 Festival:
34
35 1 . Increased collaboration with City Council liaisons and City staff;
36 2. Announcement of the line-up and ticket sales to occur prior to December 31,
37 2024;
38 3. Inclusion of progress payments and/or liquidated damages to provide the City
39 with additional assurances that the Festival Promoter meets expectations; and
40 4. Termination rights for the City in case certain expectations and deadlines are not
41 met and the City needs to find alternative programming.
42
43 BE IT FURTHER RESOLVED, THAT:
44
45 The City Council desires the Sponsorship Agreement be executed by November 1,
46 2024.
47 BE IT FURTHER RESOLVED, THAT.
48
49 The City Council hereby directs the City Manager to explore a longer-term
50 agreement with Something in the Water such as a three-year or five-year agreement.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 15th
day of October , 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Convention and Visitor's Bureau City Attorney's Office
CA16658
R-2
October 9, 2024
1 AN ORDINANCE EXTENDING THE DATE
2 FOR SATISFYING THE CONDITIONS IN THE
3 MATTER OF COMMONWEALTH BREWING
4 COMPANY, LLC FOR THE CLOSURE OF A
5 PORTION OF LAKE DRIVE ADJACENT TO
6 2444 PLEASURE HOUSE ROAD
7
8 WHEREAS, on October 17, 2023, the Council of the City of Virginia Beach acted
9 upon the application of Commonwealth Brewing Company, LLC (the "Applicant") for the
10 closure of a 7,130 sq. ft. portion of Lake Drive, adjacent to its property located at 2444
11 Pleasure House Road;
12
13 WHEREAS, City Council adopted an Ordinance (ORD-3753D) to close
14 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain
15 conditions being met on or before October 16, 2024; and
16
17 WHEREAS, on September 18, 2024, the Applicant requested an extension of
18 time to satisfy the conditions to the aforesaid street closure action.
19
20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
21 Beach, Virginia:
22
23 That the date for meeting conditions of closure as stated in the Ordinance
24 adopted on October 17, 2023 (ORD-3730F), upon application of Commonwealth
25 Brewing Company, LLC, is extended to October 16, 2025.
26
27 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day
28 of October 2024.
29
30 No GPIN assigned (City Right-of-Way)
31 Adjacent to GPINs: 1570-50-2725, 1570-50-2959 & 1570-50-3916
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Planning Department City Attorney
CA16575
R-1
September 24, 2024
28
ITEM— VI K.5
ORDINANCESIRESOL UTIONS
ITEM#76265
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED,
BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions in the matter of
Commonwealth Brewing Company, LLC re closing a portion of Lake Drive adjacent to 2444 Pleasure
House Road
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 15, 2024
29
ITEM— VLIL6
ORDINANCESIRESOL UTIONS
ITEM#76266
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED,
BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a 20' City-owned drainage
easement and a S' City-owned drainage and utility easement at the rear of 1414 Sea Breeze Trail re
maintain existing concrete ramp and timber floating dock with a lift,and construct and maintain a vinyl
bulkhead(DISTRICT 8)
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,Jennifer
Rouse, Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 15, 2024
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A 20' CITY-OWNED DRAINAGE
6 EASEMENT AND INTO A 5' CITY-
7 OWNED DRAINAGE AND UTILITY
8 EASEMENT, LOCATED AT THE
9 REAR OF 1414 SEA BREEZE TRAIL.
10
11 WHEREAS, Sea Breeze Holdings, LLC, a Virginia limited liability company
12 (the, "Applicant") requests permission to maintain an existing 38.83' x 9.79' concrete ramp
13 and an existing timber floating dock with a lift with a maximum encroachment of 2.5' and to
14 construct and maintain a vinyl bulkhead with a maximum encroachment of 1.5' (collectively,
15 the "Temporary Encroachment") into a 20' City-owned drainage easement and into a 5'
16 City-owned drainage and utility easement, located at the rear of 1414 Sea Breeze Trail
17 (GPIN: 1489-71-1727); and
18
19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
20 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
21 the City's easements subject to such terms and conditions as Council may prescribe.
22
23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25
26 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant and its assigns
28 and successors in title are authorized to maintain the Temporary Encroachment within the
29 City-owned easements as shown on the map entitled: "EXHIBIT A ENCROACHMENT
30 EXHIBIT FOR NEW REPLACEMENT BULKHEAD, CONCRETE RAMP & FLOATING
31 DOCK FOR: SEA BREEZE HOLDINGS LLC SEC 2, LOT 10 & PARCEL A, PLAT:
32 SUBDIVISION OF SEA BREEZE FARM, M.B. 103, PG. 51 1414 SEA BREEZE TRAIL,
33 23452," Scale: 1" = 50', dated August 06, 2024, prepared by Calvert Marine, a copy of
34 which is attached hereto as Exhibit A, on file in the Department of Public Works and to
35 which reference is made for a more particular description;
36
37 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly
38 subject to those terms, conditions and criteria contained in the agreement between the City
39 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has
40 been presented to the Council in its agenda, and will be recorded among the records of the
41 Clerk's Office of the Circuit Court of the City of Virginia Beach;
42
43 BE IT FURTHER ORDAINED, that the City Manager or his authorized
44 designee is hereby authorized to execute the Agreement; and
45
46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
47 such time as the Applicant and the City Manager or his authorized designee execute the
48 Agreement.
49
50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 t h
51 day of October , 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
aUB IC WO KS / REAL ESTATE DANA R. HARMEYER
SENIOR CITY ATTORNEY
CA 16485
R-2
Prepared: 08/21/2024
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Aridas Living Trust LYNNHAVEN RIVER Marko C. Charalambous RT
1445 Five Hill Trail 1408 Sea Breeze Trail
INST No. 20090209000123390 551.35' to
INST No. 235.18'R N67-17-001-W GPIN 1489-71-0548 Insection at
20191210001052530 MB 83 PG 27 Five Hill Trail
GPIN 1489-71-2568 — _ - - _ _ LOT 11
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N in Easment GPIN 1489-71-1937
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EXISTING FLOATING, :N ^ w NOTE 'X' LOT 9
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VINYL BULKHEAD I EXISTING PWC LIFT 6'x 8'
Not in Easement \I 9� INSTALL NEW 10" CLASS B
PILE AND REINSTALL p
'i .5' I' Fch� TO AVOID EASEMENT '`�S
E. G. Middleton III Trust TONAL EN
1449 Five Hill Trail 20 FT Drainage Easement
INST No. I MB 83 PG 27
20150127000074330
GPIN 1489-71-3849 I ,
MB 77 PG 13 I The City of Virginia Beach is not
LOT 19 I responsible for verification or EXHIBIT A
restrictions required by other
ANDD UTILITY AN
5 DRAINAGE I Associations or Agencies Encroachment Exhibit for New
�
EASEMENT iv replacement Bulkhead, Concrete
MB 83 PG 27 o i SCALE: 1"= 50'-0"GRAPHIC: Ramp & Floating Dock for:
' CIDi SEA BREEZE HOLDINGS LLC
w � r�- 0 10' 25' S0' 75'
SEC 2, LOT 10 & Parcel A,
I � I
I
30l M CALVERT MARINE PLAT:
S39° b i00 i Agent Subdivision of Sea Breeze Farm,
?s�OF Z i 3132 Riveredge Dr. M.B. 103, PG. 51
Portsmouth,VA 23703 1414 Sea Breeze Trail, 23452
757.777.6960 08/06/2024
PAGE 1 of 2 Rich@CalvertMadne.net
A 36"WIRE REINFORCED SILT FENCE SHALL BE
PROPERLY INSTALLED AS SHOWN. IT SHALL BE INSTALLED
PRIOR TO BACKFILLING AND SHALL BE MAINTAINED
DAILY UNTIL A PERM. VEGETATIVE COVER IS
ESTABLISHED SELECT SAND BACKFILL 2" X 6" BOARDWALK TIMBER CAP
TOPSOIL, SEED, FERTILIZER AND 12"THICK CONCRETE SEAL
EC2 COVER UPON COMPLETION AT NEW PIPE & BULKHEAD
8" MINIMUM COVER
_ 6" X 6" TIMBER WALE (2)
3/4"X 20.0' GALV.TIE RE4l------�— 2-5# CA TREATED
8"-#57 GRAVEL
EXISTING RCP \ ^�- BEDDING STONE
MHW- EL. +1
TO REMAIN� —
EXISTING HDPE PIPE�i \ MLW- EL. +0
TO BE REMOVED
NEW 15" RCP PIPE INSTALL ii SUBAQUEOUS BOTTOM
AS PER MANUFACTURER'S
RECOMMENDATIONS WITH ii EXISTING TIMBER BULKHEAD TO
NEW GASKETS BE REMOVED AND DISPOSED OFF SITE
NEW SHOREGUARD 425 SERIES
PROVIDE 8" X 20.0'TIMBER VINYL SHEETPILE BULKHEAD
PILES
2.5#CCA TREATED
EXISTING TIMBER BULKHEAD AND NEW
VINYL BULKHEAD TO BE IN SAME ALIGNMENTH �F Dl
08/06/2024
v GARY A. FRANKS JR.
Lic. No.52162
S /CNAL EN
EXHIBIT A
Encroachment Exhibit for New
replacement Bulkhead, Concrete
SCALE: 1/4"= V-0"GRAPHIC: Ramp & Floating Dock for:
SEA BREEZE HOLDINGS LLC
�-0 1' 2' 4' SEC 2, LOT 10 & Parcel A,
CALVERT MARINE PLAT:
Agent
a Subdivision of Sea Breeze Farm,
33132�t�!1 Riveredge Dr. M.B. 103, PG. 51
Portsmouth,VA 23703 1414 Sea Breeze Trail, 23452
757.777.6960 08/06/2024
PAGE 2 of 2 Rich@CalvertMadne.net
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 1� day off_ 20 2` , by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and SEA BREEZE HOLDINGS, LLC, a
Virginia limited liability company, ITS HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE, collectively "Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot 10", as shown on that certain plat entitled:
"SUBDIVISION OF SEA BREEZE FARM SECTION TWO LYNNHAVEN BOROUGH —
VIRGINIA BEACH, VIRGINIA," Scale 1" = 100', dated December 1968, prepared by
Frank D. Tarrall, Jr. and Associates, which plat is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia in Map Book 83, at page 27, and
being further designated, known, and described as 1414 Sea Breeze Trail, Virginia
Beach, Virginia 23452;
WHEREAS, it is proposed by the Grantee to maintain an existing 38.83' x
9.79' concrete ramp and an existing timber floating dock with a lift that has a maximum
encroachment of 25, and to construct and maintain a vinyl bulkhead with a maximum
encroachment of 1.5' (collectively, the "Temporary Encroachment"), in the City of
Virginia Beach; and
GPIN: 20' DRAINAGE EASEMENT (NO GPIN ASSIGNED)
5' DRAINAGE AND UTILITY EASEMENT (NO GPIN ASSIGNED)
1489-71-1727 (1414 SEA BREEZE TRAIL)
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a 20' City-owned
drainage easement and into a 5' City-owned drainage and utility easement collectively,
the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby
acknowledged, the City hereby grants to the Grantee permission to use the
Encroachment Area for the purpose of constructing and maintaining the Temporary
Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT A
ENCROACHMENT EXHIBIT FOR NEW REPLACEMENT
BULKHEAD, CONCRETE RAMP & FLOATING DOCK FOR:
SEA BREEZE HOLDINGS LLC SEC 2, LOT 10 & PARCEL
A, PLAT: SUBDIVISION OF SEA BREEZE FARM, M.B. 103,
PG. 51 1414 SEA BREEZE TRAIL, 23452," Scale: 1" = 50',
dated August 06, 2024, a copy of which is attached hereto
as Exhibit "A" and to which reference is made for a more
particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
2
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood that any existing encroachments
referenced in the attached Exhibit or in this Agreement are the ongoing maintenance
obligation of the Grantee and the City disclaims any ownership interest or maintenance
obligation of such encroachments.
3
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined.
The company providing the insurance must be registered and licensed to provide
insurance in the Commonwealth of Virginia. The Grantee will provide endorsements
providing at least thirty (30) days written notice to the City prior to the cancellation or
termination of, or material change to, any of the insurance policies. The Grantee
assumes all responsibilities and liabilities, vested or contingent, with relation to the
construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
4
IN WITNESS WHEREOF, the said SEA BREEZE HOLDINGS, LLC, a
Virginia limited liability company, has caused this Agreement to be executed on its
behalf by Michelle Koestler, Owner of Sea Breeze Holdings, LLC, a Virginia limited
liability company, with due authority to bind said limited liability company. Further, that
the City of Virginia Beach has caused this Agreement to be executed in its name and on
its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
20_, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 20_, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
SEA BREEZE HOLDINGS, LLC,
a Virginia limited liability company
By. EA
chelle Kotitler, Owne
STATE OF I
CITY/COUNTY to-wit:
The foregoing instrument was acknowledged before me this�_day of
20L by Michelle Koestler, Owner of Sea Breeze Holdings, LLC, a
Virginia limited liability company.
(SEAL)
otary 41
ic
Notary Registration Number: 40:�_�O'S41
My Commission Expires: Mad 3) 2-026e
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
b
P BL WOR --REAL ESTATE 4DEY
HA EYER
CITY ATTORNEY
7
Aridas Livin.Trust LYNNHAVEN RIVER Marko C. Charalambous RT
1445 Five Hill Trail 1408 Sea Breeze Trail
INST No. 20090209000123390 551.35'to
INST No. 235.18'R N67°17'00"W GPIN 1489-71-0548 Insection at
20191210001052530 _ _ _ _ _ _ MB 83 PG 27 Five Hill Trail
GPIN 1489-71-2568 — - LOT 11
MB 77 PG 13 ccess Routs — _ - - - 1_
LOT 18 p1/ �—
Qi � SEA
AND DRAINAGE
AND
EASEMENT ' i T��E
h� / / MB 83 PG 27 B 83 PG 2 ,i 50 T.R/W (M..PG.13)
L T11
This EXHIBIT is a resuR of 1 � 1 4 I AND UTILITY AND o�
T1es to exMing monuments ,,EASEMENT 0'
combined with the compilation of , MB 83 PG 27 �)
Deeds&Plats shown hereon w
00 , I w and does not constihlGB a o, N
o
Boundary gummy S BREEZE O NGS LLC
I I� Instru ent No.
N SCALE 1"=5a-0-GRAPHIC 20016 9150008 5420
� N
75' GPIN: 1489-71- 7 7
V 0 19 25' 50'
I Q 5 FT. DRAINAGE _,- �� "Qg�Vk
AND UTILITY AND
' EASEMENT n`
M ' MB 83 PG 27 ,8 29'A9 age Easeme
PARCEL' ' r-'� i , -�� 2pF� M883pG2T
(n ,
7 M Ronald/Sonya McKechnie
,�i 38 Conc. Ramp 1420 Sea Breeze Trail
;n I NOTE' '� N )� 38Ea x nt INST No. 20131202001389340
f_� In Easment GPIN 1489-71-1937
"' I to remain
EXISTING FLOATINd OT 9 MB 83 PG 27
DOCK 12.2'x 24.1' k iti ); NOTE 'X'
(Timber Dock with o , o )� h NEW VINYL BULKHEAD IN SH t)
h y Cl) o SAME ALIGNMENT F Floats) AS EXISTING BULKHEAD
& LIFT TO REMAI a w � No piles- 1.34' & 1.5' 08/06/2024 '1`
u ) encroachment
NEW PILE S62°25'09"EIS v GARY A. FRANKS
RTED1.87 JR. 9
�� '
VINYSUPL ULKHEAD I EXISTING PWC LIFT 6'x 8' Lic. No.52162
Not in Easement I INSTALL NEW 10"CLASS B -0
PILE AND REINSTALL
1 �`
E. G. Middleton III Trust'' TO AVOID EASEMENT i� S � EN
1449 Five Hill Trail I20 FT Drainage Easement DNAt.
INST No. i i MB 83 PG 27
20150127000074330 � I
GPIN 1489-71-3849 ,
MB 77 PG 13 I i The City of Virginia Beads Is not
LOT 19 responsible for verffication or 5 FT. DRA INAGE I ; I restrictions required by other EXHIBIT A
AND UTILITY AN I Associations or Agencies Encroachment Exhibit for New
EASEMENT N replacement Bulkhead, Concrete
MB 83 PG 27 I �CN o i SCALE: 1"=50'-0"GRAPHIC: Ramp & Floating Dock for:
00
' SEA BREEZE HOLDINGS LLC
�U) o 10' 25' 50, 75' SEC 2, LOT 10 & Parcel A,
3 M CALVERT MARINE PLAT:
�00 Subdivision of Sea Breeze Farm,
2640E Z Agen3t
RiveredgeOr. M.B. 103, PG. 51
Portsmouth,VA 23703 1414 Sea Breeze Trail, 23452
757.777.6'9.60 08/06/2024
PAGE 1 of 2 Rkh@CahwNarim.net
A 36"WIRE REINFORCED SILT FENCE SHALL BE
PROPERLY INSTALLED AS SHOWN. IT SHALL BE INSTALLED
PRIOR TO BACKFILLING AND SHALL BE MAINTAINED
DAILY UNTIL A PERM.VEGETATIVE COVER IS
ESTABLISHED SELECT SAND BACKFILL 2"X 6" BOARDWALK TIMBER CAP
TOPSOIL, SEED, FERTILIZER AND 12"THICK CONCRETE SEAL
EC2 COVER UPON COMPLETION AT NEW PIPE& BULKHEAD
8"MINIMUM COVER
6"X 6"TIMBER WALE(2)
2.5#CCA TREATED
3/4"X 20.0' GALV.TIE g^-#57 GRAVEL
� BEDDING STONE
EXISTING RCP MHW- EL_+1,,1p'
TO REMAIN— — — —vr
i
EXISTING HDPE PIPE i MLW- EL.. +O '
pQ
TO BE REMOVED �� — — — — O
gQ
NEW 15" RCP PIPE INSTALL ii SUBAQUEOUS BOTTOM
AS PER MANUFACTURER'S
RECOMMENDATIONS WITH 11 EXISTING TIMBER BULKHEAD TO
NEW GASKETS BE REMOVED AND DISPOSED OFF SITE
i� NEW SHOREGUARD 425 SERIES
PROVIDE 8"X 20.0'TIMBER'' VINYL SHEETPILE BULKHEAD
PILES „
2.5#CCA TREATED
EXISTING TIMBER BULKHEAD AND NEW �i TH OF D
VINYL BULKHEAD TO BE IN SAME ALIGNMENT j
08/06/2024r,�
v GARY A. FRANKS JR. ;P1
Lic. No.52162
S /ONAL E�
EXHIBIT A
Encroachment Exhibit for New
replacement Bulkhead, Concrete
SCALE: 1/4"= 1'-0"GRAPHIC: Ramp $ Floating Dock for:
SEA BREEZE HOLDINGS LLC
0 r' 2' 4'_ 6' SEC 2, LOT 10 & Parcel A,
CALVERT MARINE PLAT:
t Subdivision of Sea Breeze Farm,
Agen
3132 RKwe*Dr. M.B. 103, PG. 51
Portsmouth,VA 23703 1414 Sea Breeze Trail, 23452
PAGE 2 of 2 757.777.6M 08/06/2024
Rkh@CaKwWMne.net
30
ITEM— VI.K.7
ORDINANCESIRESOL UTIONS
ITEM#7626 7
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED,
BY CONSENT, Ordinance to ACCEPT and APPROPRL4TE$142,074 from the Virginia Department of
Behavioral Health and Developmental Services to the FY 2024-25 Human Services Operating Budget and
AUTHORIZE one(])full-time position re support substance use disorder clinical services
Voting: 11 -0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 15, 2024
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS
2 TO SUPPORT SUBSTANCE USE DISORDER CLINICAL
3 SERVICES AND TRAINING AND TO AUTHORIZE A
4 POSITION
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 1. $142,074 is hereby accepted from the Virginia Department of Behavioral Health
10 and Developmental Services and appropriated, with revenue increased
11 accordingly, to the FY 2024-25 Department of Human Services Operating
12 Budget to support substance use disorder clinical services.
13
14 2. One full-time (1.0 FTE) position is hereby authorized in the Department of
15 Human Services for Substance Use Disorder Clinical Services. This position is
16 supported by ongoing funding from the Commonwealth.
Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day
of October 2024.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Managemen Services y orney's Office
CA16666
R-2
October 9, 2024
31
ITEM— VI.K.8
ORDINANCESIRESOL UTIONS
ITEM#76268
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED,
BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$80,000 from the Virginia Department of
Criminal Justice Services to the FY 2024-25 Police Department Operating Budget repurchase equipment
to reduce violent crime
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 15, 2024
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS
2 FROM THE VIRGINIA DEPARTMENT OF CRIMINAL
3 JUSTICE SERVICES TO COMBAT GUN VIOLENCE
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 1. $80,000 is hereby accepted from the Virginia Department of Criminal Justice
9 Services and appropriated, with revenues increased accordingly, to the FY
10 2024-25 Operating Budget of the Police Department for the purchase of
11 equipment to assist the Detectives Bureau/Special Investigations Bureau in the
12 reduction of violent crime.
13
14 2. The equipment purchased with these grant funds is not guaranteed to be
15 replaced by the City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day
of October 2024.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
�Z
Budget and Management Services i y Attorney's Office
CA16662
R-1
October 2, 2024
32
ITEM— VI.K.9
ORDINANCESIRESOL UTIONS
ITEM#76269
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED,
BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$74,588 from the United States Department
of Homeland Security to the FY 2024-25 Police Department Operating Budget and TRANSFER$24,863
within the FY 2024-25 Police Department Operating Budget to provide the required local grant match re
marine patrol equipment
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 15, 2024
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS AND TO TRANSFER FUNDS WITHIN THE FY 2024-
3 25 OPERATING BUDGET OF THE POLICE DEPARTMENT
4 FOR MARINE PATROL EQUIPMENT
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 1. $74,588 is hereby accepted from the United States Department of Homeland
10 Security and appropriated, with federal revenues increased accordingly, to the FY 2024-25
11 Police Department Operating Budget to support the engines and other equipment to
12 complete a boat currently under construction.
13
14 2. $24,863 is hereby transferred within the FY 2024-25 Police Department
15 Operating Budget to provide the required local grant match.
16
17 3. The equipment purchased with these grant funds is not guaranteed to be
18 replaced by the City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h day
of October 2024.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
udget & Management Services Z ity A orney's Office
CA16663
R-1
October 2, 2024
33
ITEM— VI X 10
ORDINANCESIRESOL UTIONS
ITEM#762 70
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED,
BYCONSENT,Ordinance to ACCEPT and APPROPRL4TE$37,431 from the Supreme Court of Virginia,
Office of the Executive Secretary to the FY 2024-25 Commonwealth's Attorney Operating Budget and
AUTHORIZE a 25%grant match re drug and alcohol testing for the Virginia Beach Drug Court
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 15, 2024
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS
2 FOR THE VIRGINIA BEACH DRUG COURT AND TO
3 AUTHORIZE A GRANT MATCH
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 1 . $37,431 is hereby accepted from the Supreme Court of Virginia, Office of the
9 Executive Secretary, and appropriated, with revenues increased accordingly, to the FY
10 2024-25 Operating Budget of the Commonwealth's Attorney for drug and alcohol testing
11 for the Virginia Beach Drug Court.
12
13 2. The cost sharing match of 25% is hereby authorized and will be provided by the
14 Office of the Commonwealth's Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day
of October , 2024.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
udget and anagemen Services City Attorney's Office
CA16661
R-1
October 2, 2024
34
ITEM— 1/7 K 11
ORDINANCESIRESOL UTIONS
ITEM#762 71
The following registered to speak.-
James Thomas Moore, homeless, Phone: 343-4097, spoke in OPPOSITION
Charlotte Zito, 5369 Club Head Road, Phone:434-249-3331, spoke in SUPPORT
Tara Reel, 3313 Rightmire Place, Phone: 540-394-1552, spoke in SUPPORT
Rona Marsh, 4382 Lynnville Crescent, Phone:270-7900, spoke in OPPOSITION
Upon motion by Council Member Berlucchi, seconded by Council Member Wooten, City Council
APPROVED, Ordinance to APPROPRIATE$4.3-Million of fund balance from the General Fund to the
FY 2024-25 Operating Budget and TRANSFER funds as Pay-Go Funding to Capital Project #100664
"Virginia Beach 5131 Memorial"re construction of the Virginia Beach 5131 Memorial
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 15, 2024
1 AN ORDINANCE TO APPROPRIATE $4,300,000 FROM
2 THE FUND BALANCE OF THE GENERAL FUND TO THE
3 FY2024-25 OPERATING BUDGET AND TO TRANSFER
4 SUCH FUND AS PAY-GO TO CAPITAL PROJECT#100664,
5 "VIRGINIA BEACH 5/31 MEMORIAL"
6
7 WHEREAS, after soliciting bids and negotiating with the lowest qualified bidder,
8 there remains a $4.3 million funding shortfall within Capital Project #100664, "Virginia
9 Beach 5/31 Memorial;"
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA, THAT:
13
14 $4,300,000 is hereby appropriated from the fund balance of the General Fund to
15 the FY 2024-25 Operating Budget and transferred as pay-go funding to the Capital Project
16 100664, "Virginia Beach 5/31 Memorial" for the construction of the memorial.
Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h day
of October , 2024.
Requires an affirmative vote by a majority of all of the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services rney's Office
CA16667
R-2
October 9, 2024
35
ITEM— VI.L.1
PLANNING ITEMS
ITEM#762 72
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED,
AS CONDITIONED, BY CONSENT, application of BEACH FRAMING AND DRYWALL, LLC for a
Variance to Section 4.4(b)of the Subdivision Regulations re replace an existing mobile home with a single-
family dwelling for a parcel directly East of 1924 Gum Bridge Road DISTRICT 2
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
BEACH FRAMING AND DRYWALL, LLC for a Variance to Section
4.4(b)of the Subdivision Regulations re replace an existing mobile home
with a single family dwelling for a parcel directly East of 1924 Gum
Bridge Road(GPIN 2411262111)DISTRICT 2
The following conditions shall be required:
L When the Property is platted, its boundaries shall be drawn substantially as shown on the
exhibit entitled, "Exhibit of 0.2184 Acres GPIN 2411-26-2111 as Shown on Survey of
Property Located on Gum Bridge Road for Benjamin T. Tatem, Sr.",prepared by Fox Land
Surveying, 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. An eight (8)foot-wide right-of-way dedication must be made along the frontage of Gum
Bridge Road to allow the right-of-way to meet the fifty (50)foot right-of-way width
requirement for servicing a residential lot.
This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15`h day of October Two
Thousand Twenty Four.
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 15, 2024
0
O�
AG�2
\ J /
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Building directly east of 1924 Gum Bridge Road
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0 1020 40 60 80 100 120
36
ITEM— VI.L.2
PLANNING ITEMS
ITEM#762 73
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED,
AS MODIFIED, AS PROFFERED, BY CONSENT, application of SUGAR PLUM, INC. for a
Modification of Proffers re bakery specializing in dog treats and similar products at 1361 Laskin Road
DISTRICT 6(Approved February 10, 1998)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
SUGAR PLUM, INC. for a Modification of Proffers re bakery
specializing in dog treats and similar products at 1361 Laskin Road
(GPIN 2417293117)DISTRICT 6(Approved February 10, 1998)
The following conditions shall be required:
An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107(j) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15`h day of October Two
Thousand Twenty Four.
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 15, 2024
�G1NL B A
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ROBERT W."WORTH"REMICK CELL:(757)8405855
COUNCIL MEMBER EMAIL:WRemick(@vbaov.com
DISTRICT 6
File No. 0091212
October 15, 2024
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach,Virginia 23456
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I)
Dear Mrs. Barnes:
Pursuant to the State and Local Government Conflict of Interests Act, Section 2.2-
3115(I), Code of Virginia, I make the following declarations:
1. I am executing this written disclosure regarding the application of Sugar Plum,
Inc. for a modification of proffers for property located at 1361 Laskin Road.
2. The applicant disclosed that Ricky Anderson of Colliers International Virginia,
LLC ("Colliers") is a real estate services provider with respect to this property.
Mr. Anderson is a member of the board of Sugar Plum, which is a nonprofit
organization, and I believe that any real estate advice or services he provides is
done so on a pro bono basis.
3. I have a personal interest in Colliers because I am an employee of the firm, and its
address is 150 West Main Street, Suite 1100,Norfolk, Virginia 23510.
4. The City Attorney's Office has advised me that because I do not personally
provide services to Sugar Plum, Inc., the Act provides that I may participate in the
City Council's consideration of this application, upon disclosure.
5. I hereby disclose the facts above and declare that I am able to participate in this
transaction fairly, objectively, and in the public interest.
2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456
Mrs. Amanda Barnes -2- October 15, 2024
Re: Disclosure Pursuant to Virginia Code §2.2-3115(I)
I respectfully request that you record this declaration in the official records of the City
Council. Thank you for your assistance in this matter.
Sin erel ,
Worth Remick
Councilmember
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In Reply Refer To Our File No. DF-11225
DATE: October 4, 2024
TO: Mark D. Stiles DEPT: City Attorney
FROM: Tori Eisenberg DEPT: City Attorney
RE: Conditional Zoning Application; Sugar Plum Bakery, Inc.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on October 15, 2024. 1 have reviewed the subject proffer agreement, dated
July 30, 2024 and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
further.Please feel free to call me if you have any questions or wish to discuss this matter
VRE/ka
Enclosure
cc: City Manager
SUGAR PLUM, INC., a Virginia corporation
TO (MODIFICATION TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia
THIS MODIFICATION TO PROFFER AGREEMENT, is made this 30th day of July,
2024,between and among SUGAR PLUM,INC.,a Virginia corporation,Grantor,party of the first
part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia, Grantee,party of the second part.
WITNESSETH:
WHEREAS, the Grantor is the owner of a parcel of real property located in the District 6
of the City of Virginia Beach,Virginia,containing approximately .46 acres of land,which is more
particularly described in Exhibit A attached hereto and incorporated herein by this reference (the
"Property"); and
WHEREAS, Grantor is the successor-in-interest to LILLEL FARMS, INC. ("Lillel
Farms"), a Virginia corporation; 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 competing and sometimes incompatible uses
conflict and that in order to permit differing uses on and in the area of the Property and at the same
time to recognize the effects of change, and the need for various types of uses, certain reasonable
GPIN NO.: 2417-29-3117
Prepared by: Kyle D. Korte,Esq.VSB No. 71162
Wolcott Rivers Gates
200 Bendix Road, Suite 300
Virginia Beach,VA 23452
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 cope with the situation to which
Grantor's application gives rise; and
WHEREAS, by Proffered Covenants Restrictions and Conditions dated October 31, 1997
and made by Lille] Farms and recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia on February 18, 1998 at Deed Book 3845, Page 2180 (the "Original
Proffer Agreement"), Lillel Farms voluntarily subjected the Property to certain proffered
conditions and restrictions (the "Original Proffers");
WHEREAS, the development proposed by Lillel Farms for the Property contemplated a
single-story sales building for a women's dress and apparel shop, and;
WHEREAS, the project proposed by Grantor is an extension of the retail establishment
operated by Grantor on the adjacent property with single-story sales building, similar, but not
identical, in design and construction to what was previously approved and is currently on file.
NOW THEREFORE, Grantor has made application to the Grantee to modify the Proffers
in part and accordingly, voluntarily and without any requirement by or exaction from the Grantee
or its governing body and without any element of compulsion or uid ro q_uo for zoning,rezoning,
site plan, building permit, or subdivision approval, Grantor hereby makes the following
modification to 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, its successors,
personal representatives, assigns, Grantee, and other successors in interest or title:
2
All of the enumerated Original Proffers are hereby deleted in their entirety and in the place
and stead thereof,the following are substituted:
1. The existing building and improvements to the Property shall remain, and
no expansion or external construction to the existing single-story building shall be
permitted. Changes to the exterior color scheme and fagade of the Property shall be
permitted.
2. The operating hours for the single-story building shall open no earlier than
8:00 a.m. and close no later than 9:00 p.m.
3. The single-story building may be utilized for retail sales and any other uses
permitted either by right or through conditional use permit, if granted, within the 13-1 A
Limited Community Business District.
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.
(Signatures Begin on Next Puget
3
WITNESS the following signatures and seals:
SUGAR PLUM,INC.,
a Virginia corporation
By: (SEAL)
Name: lG G t_A�R-1G
Title: �a W SI VV- ri-
COMMONWEALTH OF VIRGINIA
CITY OF VlrUlhlp Gh , to-wit:
I,the undersigned, a Notary Public in and for my City and State aforesaid, do hereby certify
that y'UMUGI clat= , U .DW' of SUGAR PLUM, INC., a Virginia
corporation, whose name is signed to the foregoing instrument, has acknowledged the same before
me this JW day of _�Mjj , 2024, who is personally know to me or has x
produced AOM I1(M& as identification.
My Commission Expires: 01�30 1 2V* Notary Public
My Commission Number: q 5�511 •L
. NOTAFry •:�
PuBUc :O
617
4
Exhibit "A"
To Modification of Proffers
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and
the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach,
Virginia, and being known, numbered, and designated as Lot 5 (five), with 121.34' frontage on
Laskin Road by 213.80' x 81.77' x206.10', on that certain plat entitled, "Fremac Lake Shores",
made by Frank H. Gay, C.E.,dated September, 1956 and duly recorded in the Clerk's Office of the
Circuit Court of said City in Map Book 42, at page 28.
TOGETHER with and subject tb, the easements for ingress and egress described and conveyed in
a Deed of Correction dated February 12, 1990 and recorded in the Clerk's Office of the Circuit
Court for the City of Virginia Beach, Virginia, in Deed Book 2917, at page 553.
LESS, SAVE AND EXCEPT property conveyed to the Commonwealth of Virginia by Certificate
of Take, recorded in the Clerk's Office aforesaid in December 18, 2018 as Instrument No.
20181228001064740, and final order entered June 20, 2023 as Instrument No. 202303021961.
IT BEING part of the same property conveyed by deed dated May 6, 2021 from Laskin Properties,
LLC,a Virginia limited liability company,to Sugar Plum,Inc.,recorded May 6,2021 in the Clerk's
Office of the Circuit Court for the City of Virginia Beach, Virginia as Instrument No.
202103038229.
5
37
ITEM— VI.L.3
PLANNING ITEMS
ITEM#762 74
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED,
AS MODIFIED,AS PROFFERED, BY CONSENT, application of FERBER COMPANY CENTRAL,
LLC, /LYNNHAVEN BOA L, LLC& LYNNHAVEN BOA a LLC for a Modification of Proffers re
redevelop the site with an eating and drinking establishment with a drive-thru at 2061 Lynnhaven
Parkway DISTRICT 7(Approved July 14, 1998, September 25, 2001, and September 23, 2003)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
FERBER COMPANY CENTRAL,LLC,/LYNNHAVEN BOA L,LLC
& LYNNHAVEN BOA a LLC for a Modification of Proffers re
redevelop the site with an eating and drinking establishment with a
drive-thru at 2061 Lynnhaven Parkway(GPIN 1475961048)DISTRICT 7
(Approved July 14, 1998, September 25, 2001, and September 23, 2003)
The following conditions shall be required:
An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15th day of October Two
Thousand Twenty Four.
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 15, 2024
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_ INTER-OFFICE CORRESPONDENCE
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9 OF OUR
NPS\ONS
In Reply Refer To Our File No. DF-11226
DATE: October 4, 2024
TO: Mark D. Stiles DEPT: City Attorney
FROM: Tori Eisenberg DEPT: City Attorney
RE: Conditional Zoning Application; Ferber company Central, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on October 15, 2024. 1 have reviewed the subject proffer agreement, dated
June 28, 2024 and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
VRE/ka
Enclosure
cc: City Manager
THIRD AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND
CONDITIONS
FERBER COMPANY CENTRAL, L.L.C., a Delaware limited liability company
LYNNHAVEN BOA L LLC, a Virginia limited liability company
LYNNHAVEN BOA Q LLC, a Virginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 281h day of June, 2024, by and between FERBER
COMPANY CENTRAL, LLC, a Delaware limited liability company, party of the first part,
Grantor; LYNNHAVEN BOA L LLC, a Virginia limited liability company and LYNNHAVEN
BOA Q LLC, a Virginia limited liability company, parties of the second part, Grantors; and THE
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party
of the third part, Grantee.
WITNESSETH:
WHEREAS, the parties of the second part are together the owners of that 1.056 acre parcel
of property located in the City of Virginia Beach, Virginia, as described in Exhibit "A" attached
hereto and incorporated herein by reference, which is referred to herein as the "Property"; and
WHEREAS, the party of the first part as contract purchaser of the Property has initiated a
modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by
petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the
Property; and
WHEREAS, the Grantors have requested Grantee to permit this modification of the
Proffered Covenants, Restrictions and Conditions dated January 28, 1998 as recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3938, at Page 1587
(hereinafter"1998 Proffers"), the Amendment To Proffered Covenants, Restrictions and Conditions
GPIN: 1475-96-1048-0000
Prepared by:
R.Edward Bourdon,Jr.,Esq.,VSB#22160
Sykes,Bourdon,Ahern&Levy,P.C.
4429 Bonney Road
Suite 500
Virginia Beach,Virginia 23462
dated August 2, 2001 as recorded in the afore referenced Clerk's Office in Deed Book 4514, at Page
0910 (hereinafter "2001 Proffers") and the Second Amendment To Proffered Covenants,
Restrictions and Conditions dated August 22, 2003 as recorded in the afore referenced Clerk's Office
as Instrument Number 200311130187020 (hereinafter "2003 Proffers"), to reflect amendments
applicable to the land use plan on the Property as herein described; and
WHEREAS, it is the intent of the Grantors that, except as expressly modified herein, any
remaining unchanged,proffered covenants, restrictions and conditions applicable to the Property set
forth in the 1998 Proffers, the 2001 Proffers and the 2003 Proffers shall remain unchanged; and
WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses
conflict and that in order to permit differing uses on and in the area of the Property and at the same
time to recognize the effects of change, and the need for various types of uses, certain reasonable
conditions governing the use of the Property for the protection of the community that are not
generally applicable to land similarly zoned are needed to cope with the situation to which the
Grantor's proposed modification of conditions to the zoning gives rise, and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to
the public hearing before the Grantee, as a part of the proposed modification to the existing zoning
conditions with respect to the Property, the following reasonable conditions related to the physical
development, operation, and use of the Property to be adopted, which conditions have a reasonable
relation to the proposed modification and the need for which is generated by the proposed
modification.
NOW, THEREFORE, the Grantors, their 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 quid fro
uo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the
following amendment to the Covenants, 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 Grantors, their
successors, personal representatives, assigns, grantees, and other successors in interest or title:
1. That portion of Proffer numbered "1" in the 2003 Proffers applicable to PARCEL D
("Parcel D Site Plan") is deleted and replace with:
2
1. When Parcel D is redeveloped it shall be developed substantially as depicted
and described on the exhibit entitled, "SITE PLAN FOR PANERA BREAD 2061
LYNNHAVEN PARKWAY, VIRGINIA BEACH, VIRGINIA", dated 05-28-2024, as
revised 06-24-2024,prepared by CECS,which has been exhibited to the Virginia Beach City
Council, is on file with the Virginia Beach Department of Planning & Community
Development and incorporated herein by referenced(hereinafter"PARCEL D LAYOUT").
2. That portion of Proffer numbered "3" in the 2003 Proffers applicable to Parcel D is
deleted and replaced with:
3. When Parcel D is redeveloped, Parcel D shall contain landscaping features
substantially in accordance with those depicted and described on the PARCEL D LAYOUT.
3. Proffer numbered"4" in the 2003 Proffers is deleted and replaced with:
4. The exterior building materials, architectural design elements, and building
mounted signage of the existing building, along with the dumpster enclosure, and existing
free standing sign as depicted on the PARCEL D LAYOUT, shall be modified, added,
replaced, or renovated substantially as depicted and described on the three (3)page exhibit
entitled, "Elevations-2061 Lynnhaven Parkway"—6/27/2024 which has been exhibited to
the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning
& Community Development and incorporated herein by referenced (hereinafter "Panera
Parcel D Elevations").
4. Proffer numbered"9" in the 1998 Proffers is deleted and replaced with:
9. The only uses which are permitted on "PARCEL D" are (i) an eating and
drinking establishment with a drive thru; (ii) a pre-school childcare education center; (iii) a
financial institution; (iv)business studios;(v)offices; or(vi)clinics.
5. Except as modified or deleted herein,the remaining unchanged proffered covenants,
restrictions and conditions applicable to Parcel D,as set forth in the 1998 Proffers,2001 Proffers and
2003 Proffers, are hereby ratified and affirmed.
The above conditions, having been proffered, ratified and affirmed 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
3
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 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:
FERBER COMPANY CENTRAL,LLC,
a Delaware 1' ited liabilit company
By: Y (SEAL)
Thomas Ifopkins,Vice President
Retail C nstruction Services
STATE OF TENNESSE
CITY/COUNTY OF �c��� ,to-wit:
The foregoing instrument was ore me this�day of ,
2024,by Thomas Hopkins,Vice Pres dent Retail Constru 'on.Services of Ferber Company Central,
LLC, a Delaware limited liability co any, Grantor.
l _
Not lic
My Commission Expires: 1
Notary Registration Number:
( STATE
k.o.-N
ENNE83EE i
NOTARY = i
Pt1KX
r
CO
5
WITNESS the following signature and seal:
Grantor:
LYNNHAVEN BOA L LLC,
a Virginia limited liability company
r.
By: V - , (SEAL)
Name:
STATE OF VIRGINIA
CITY/COUNTY OF r , to-wit:
The fore oing instrument was acknowledged before me this 29 day of u( ,
2024, by uvuan L LLL (-D wne.& of Lynnhaven OA L
LLC, a Virginia lin6d liability company, Grantor.
N tary Public
My Commission Expires: 6 0 2-0 29
Notary Registration Number: 10 S 66
RUBY SHRESTH_A
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES JUNE 30.2028
COMMISSION#8105506
6
WITNESS the following signature and seal:
Grantor:
LYNNHAVEN BOA Q LLC,
a Virginia limited liability company
By: l- t a�-�- �- (SEAL)
Name: it ter: �-e-ty 2-
STATE OF VIRGINIA r-
CITY/COUNTY OF to
The for�goin#instrument was acknowledged before me this Z day of U ,
2024, by _��t reh I A C-0,- O wrA of LynnhaveiVBOA Q
LLC, a Virginia limited liability company, Grantor. S
Notary Public
My Commission Expires: 0 6 r 3 DI ZO2 8
Notary Registration Number: a 5 5 0 (0
RUBY 8HRE97HA
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES JUNE 30.2028
COMMISSION N 8105506
7
EXHIBIT "A"
All that certain tract or parcel of land situate, lying and being in the City of Virginia Beach, Virginia,
shown and designated as Parcel D on that certain plat entitled "Subdivision of Lynnhaven Square
located on Lynnhaven Parkway, Virginia Beach, Virginia" dated October 26, 2000 and prepared by
Site Improvement Associates, Inc. and recorded in Map Book 305, at Page 22 in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia.
TOGETHER WITH AND SUBJECT TO beneficial easements as set forth on plat entitled
"Subdivision of Lynnhaven Square located on Lynnhaven Parkway,Virginia Beach,Virginia"dated
October 26, 2000 and prepared by Site Improvement Associates, Inc. and recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 305, at Page 22.
TOGETHER WITH beneficial easements as set forth in Declaration of Easements dated March 1,
2002 and recorded April 26,2002 in Deed Book 4678, at Page 739 as shown on plat recorded in Map
Book 305, at Pages 22-24; as affected by Corrected Declaration of Easements re-recorded July 16,
2002 as Instrument Number 200207163001620, in the aforesaid Clerk's Office.
FURTHER, TOGETHER WITH AND SUBJECT TO beneficial easements as set forth in
Amended and Restated Declaration of Easements, Covenants and Restrictions dated April 1, 2002
and recorded April 26, 2002 in Deed Book 4678, at Page 744 and shown on plat recorded in Map
Book 305, at Pages 22-24; as affected by Corrected Amended and Restated Declaration of
Easements, Covenants and Restrictions re-recorded July 16, 2002 as Instrument Number
200207163001620, in the aforesaid Clerk's Office.
FURTHER, TOGETHER WITH AND SUBJECT TO beneficial easements as set forth in
Reciprocal Easement Agreement dated May 6, 2003 and recorded June 30, 2003 as Instrument
Number 200306300098994; as affected by First Amendment to Easements with Covenants and
Restrictions Affecting Land("ECR") dated May 6, 2003 and recorded June 30, 2003 as Instrument
Number 200306300098993, in the aforesaid Clerk's Office.
GPIN: 1475-96-1048-0000
H:\AM\—Mod of Proffers\—Ferber Company Central\3rd Amendment to Proffers-Clean-REB-8-12-2024.docx
8
38
ITEM— VI.L.4
PLANNING ITEMS
ITEM#762 75
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council
APPROVED, AS PROFFERED, BY CONSENT, application of 0 GENERATION HOME
BUILDERS, LLC for a Conditional Change of Zoning from PD-HI Planned Unit Development to
Conditional A-18 Apartment District(Amendment to Land Use Plan)re develop a 25-unit residential
townhouse condominium community for a parcel on Commuter Drive, directly East of 1436 South
Independence Boulevard DISTRICT 10
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
4'h GENERATION HOME BUILDERS,LLCfor a Conditional Change
of Zonin from PD-HI Planned Unit Development to Conditional A-18
Apartment District (Amendment to Land Use Plan) re develop a 25-unit
residential townhouse condominium community for a parcel on
Commuter Drive, directly East of 1436 South Independence Boulevard
(GPIN 1476769961)DISTRICT 10
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 15`h day of October Two
Thousand Twenty Four.
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 15, 2024
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Zoning directly east of 1436 S Independence Boulevard
Building
Feet
0 1530 60 90 120 150 180
G1�1A-BEAC
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
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In Reply Refer To Our File No. DF-11179
DATE: October 4, 2024
TO: Mark D. Stiles DEPT: City Attorney
FROM: Tori Eisenberg DEPT: City Attorney
RE: Conditional Zoning Application; 4th Generation Home Builders, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on October 15, 2024. 1 have reviewed the subject proffer agreement, dated
July 15, 2024 and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
VRE/ka
Enclosure
cc: City Manager
41h GENERATION HOME BUILDERS, L.L.C., a Virginia limited liability company
TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 151 day of July, 2024, by and between 41
GENERATION HOME BUILDERS,L.L.C.,a Virginia limited liability company,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 parcel of land located in District 10 of the City
of Virginia Beach containing approximately 2.294 acres which is more particularly described as
"THE PROPERTY" on Exhibit "A" attached hereto and incorporated herein by this reference;
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 PDH-1 Planned Development District with a
commercial designation to Conditional A-18 Apartment District and thereby remove the Property
from the PDH-1 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 competing and sometimes incompatible uses
conflict and that in order to permit differing uses on and in the area of the Property and at the
same time to recognize the effects of change, and the need for various types of uses, certain
reasonable conditions governing the use of the Property for the protection of the community that
are not generally applicable to land similarly zoned are needed to cope with the situation to which
the Grantor's rezoning application gives rise; and
GPIN: 1476-76-9961-0000
Prepared by:
R.Edward Bourdon,Jr.,Esq.,VSB#22160
Sykes,Bourdon,Ahem&Levy,P.C.
4429 Bonney Road
Suite 500
Virginia Beach,Virginia 23462
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,
in addition to the regulations provided for the Apartment District by the existing overall
Zoning Ordinance, the following reasonable conditions related to the physical development,
operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map
relative and applicable to the Property, which has a reasonable relation to the rezoning and the
need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its 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
uid pLo guo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby
make the following declaration of conditions and restrictions which shall restrict and govern the
physical development, operation,and use of the Property and hereby covenant and agree 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, its successors,
personal representatives, assigns, grantees, and other successors in interest or title:
1. The Property is removed from the PDH-1 Zoning District and the use of the
Property shall no longer be subject to the guidelines of the Timberlake Planned Unit Development
District as adopted with the creation of this PDH-1 District, as they may have been previously
revised.
2. When the Property is developed and landscaped, it shall have the entrance,
neighborhood identification sign, streets, sidewalks, landscaping, townhome condominium units
and open spaces areas substantially as depicted and described on the exhibit entitled,
"CONCEPTUAL SITE PLAN FOR TIMBERLAKE QUAY", dated April 26, 2024, as revised
July 14, 2024 and July 15, 2024, a copy of which has been exhibited to the Virginia Beach City
Council, is on file with the Virginia Beach Department of Planning and is incorporated herein by
this reference(the "Conceptual Layout Plan").
3. When the Property is developed, it will have no more than twenty-five(25)3-story
townhouse condominium units in five (5) buildings, with each townhouse unit containing a
minimum of 1449 square feet of enclosed living area. The townhome units numbered 1 through
16 as depicted on the Conceptual Layout Plan shall have a two (2)car rear entry garage and the
depicted townhome units numbered 17 through 25 as depicted on the Conceptual Layout Plan
2
shall have a front entry one (1) car garage. Each building shall utilize the quality architectural
features, design elements and exterior building materials substantially as depicted and described
on the five (5) pictorial exhibits designated "Timberlake Quay Townhome Elevations", which
have been exhibited to the Virginia Beach City Council, and are on file with the Virginia Beach
Department of Planning&Community Development and is incorporated herein by this reference
(the "Townhome Elevations").
4. When the Property is developed, the community identification sign depicted on
the Conceptual Layout Plan shall be externally illuminated and shall be constructed and
maintained using the materials and dimension substantially as depicted on the Exhibit entitled
"TIMBERLAKE QUAY MONUMENT", dated 6-26-24, which has been exhibited to the
Virginia Beach City Council, is on file with the Virginia Beach Department of Planning &
Community Development and is incorporated herein by this reference(the "Sign Elevations").
5. When the Property is developed, the Grantor shall record a Condominium
Declaration submitting all of the Property,and where applicable any easements outside the public
rights of way, to a mandatory membership Condominium Unit Owners'Association which shall
own and be responsible for maintaining all areas outside of the residential units
6. Further conditions may be required by the Grantee during detailed Subdivision
and/or Site Plan review and administration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
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,
3
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
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:
4' Generation Home Builders, L.L.C.,
a Virginia limited liability company
By: (SEAL)
John Olivieri� s President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 15'day of July,2024,by John
Olivieri, President of 4"Generation Home Builders, L.L.C., a Virginia limited liability company,
Grantor.
� QU
Notary Public ••�������������
My Commission Expires: August 31, 2026 �.�Q� 'GOMMo;�,'' `���•�
Notary Registration Number:192628 ?
%A'Z 28
5
EXHIBIT "A"
THE PROPERTY
ALL THAT certain tract, piece or parcel of land, with any improvements thereon, situate, lying
and being in District 10 of the City of Virginia Beach, State of Virginia, fronting on that public
road currently designated as Commuter Drive, containing 2.294 acres, more or less, being move
particularly described as:
Beginning at the southeast corner of South Independence Blvd. and Commuter Drive, the "TRUE
POINT OF BEGINNING"; thence along the southern right of way line of Commuter Drive N
88' 58' 39" E a distance of 65.91' to a point; thence following said right of way line along a curve
to the left with an arc length of 102.45', with a radius of 843.51', with a chord bearing of N 85'
29' 53"E, with a chord length of 102.38', to a point along the southern right of way of Commuter
Drive, said point being the TRUE POINT OF BEGINNING. Thence following the right of way
line of Commuter Drive along a curve to the left with an arc length of 129.34', with a radius of
843.51', with a chord bearing of 77'37' 33"E, with a chord length of 129.22',to a point; thence
N 73' 13' 58" E a distance of 195.54' to a point; thence following said right of way line along a
curve to the left with an arc length of 239.11', with a radius of 502.46', with a chord bearing of N
590 36' 00" E, with a chord length of 236.86', to a point; thence leaving said right of way line and
running S 53' 34' 21" E a distance of 17.53' to a point; thence S 36' 25' 39" W a distance of
200.00' to a point; thence N 53' 34' 21" W a distance of 5.00' to a point; thence S 36' 25' 39" W
a distance of 352.11' to a point; thence S 89' 00' 49" W a distance of 195.68' to a point; thence N
00' 59' 12" W a distance of 251.12' to the TRUE POINT OF BEGINNING, having an area of
99,931 square feet, 2.294 acres.
GPIN: 1476-76-9961-0000
H:\AM\—Conditional Rezoning\-4th Generation Home Builders\Commuter Drive\Proffer Agreement final 7-15-2024.docx
6
39
ITEM— VI.L.5
PLANNING ITEMS
ITEM#762 76
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council
APPROVED, AS MODIFIED, AS CONDITIONED, BY CONSENT, application of MELLIE
VALIANOS-REYNOLDS/VALMNOS PROPERTIES,LLC for a Modi acation of Conditions to a
Conditional Use Permit and a Conditional Use Permit re automobile repair garage at 619 London
Bridge Road DISTRICT 3(Approved 1978)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MELLIE VALMNOS-RE YNOLDS/VALMNOS PROPERTIES,LLC
for a Modi acation of Conditions to a Conditional Use Permit and a
Conditional Use Permit re automobile repair garage at 619 London
Bridge Road(GPIN 1496876542)DISTRICT 3 (Approved 1978)
The following conditions shall be required:
Conditions for Conditional Use Permit(Automobile Repair Garage)
1. A Landscape Plan shall be submitted to the Department of Planning & Community
Development/Development Service Center(DSC)for review and ultimate approval prior to the
issuance of a Certificate of Occupancy that shows the following:
a. The required Category VI landscaping along the existing minimum six-foot tall
privacy fencing to meet current landscape screening standards for Bulk Storage
Yards.
b. A minimum of fifty (50)percent of the side of the building facing the Precision
Drive right-of-way shall be installed with plantings. Planted areas must be a
minimum of three(3)feet in width and shrubs planted immediately adjacent to the
building shall be a minimum of eighteen (18)inches in height at time of planting.
2. No sale of motor vehicles shall be permitted.
3. No outside storage or display of equipment,parts, tires, or materials shall be permitted on the
site.
4. No vehicles in obvious state of disrepair shall be parked in the parking lot at 619 London
Bridge Road or parked on the street along 619 London Bridge Road.
5. All junk, debris,parts, old tires, or other discarded items must be removed from the site.
Conditions for Modification of Conditions(Bulk Storage and Building Contractor's Yard)
1. All previous conditions attached to the Conditional Use Permit (CUP)for Bulk Storage and
Building Contractor's Yard approved on November 13, 1978, shall be deleted and replaced
with the following conditions below.
October 15, 2024
40
ITEM— VI.L.S
PLANNING ITEMS
ITEM#762 76
(Continued)
2. A Landscape Plan shall be submitted to the Department of Planning & Community
Development/Development Service Center(DSC)for review and ultimate approval prior to the
issuance of a Certificate of Occupancy that shows the following:
a. The required Category VI landscaping along the existing minimum six(6)foot tall
privacy fencing to meet current landscape screening standards for Bulk Storage
Yards.
b. A minimum of fifty (50)percent of the side of the building facing the Precision
Drive right-of-way shall be installed with plantings. Planted areas must be a
minimum of three(3)feet in width and shrubs planted immediately adjacent to the
building shall be a minimum of eighteen (18) inches in eight at time of planting.
3. No outside storage or display of equipment,parts, tires, or materials shall be permitted on the
site.
4. No sale of motor vehicles shall be permitted.
5. No vehicles in obvious state of disrepair shall be parked in the parking lot at 619 London
Bridge Road or parked on the street along 619 London Bridge Road.
6. Standard improvements as required by the Site Plan Ordinance.
7. An acceptable sewage system to be approved by the Health Department.
8. Right-of-way improvements will be necessary on London Bridge Road;this includes pavement
widening, curb and gutter, sidewalk, and drainage facilities.
9. No sale or processing of scrap, salvage, or second-hand material will be permitted.
10. A fence or wall not less than six feet in height shall completely enclose the storage yard except
for the necessary openings for ingress and egress.
11. A dedication of right-of-way forty (40)feet from the centerline of the existing fifty (50)foot
right-of-way and a reservation of an additional fifteen(15)feet along the 227.08 foot frontage
on London Bridge Road(a 1 S foot dedication and a 15 foot reservation) shall be dedicated
and shall be reserved.
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 15`h day of October Two
Thousand Twenty Four.
October 15, 2024
41
ITEM— VI.L.S
PLANNING ITEMS
ITEM#762 76
(Continued)
Voting: 11 -0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 15, 2024
i
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Property Polygons
Mellie Valianos-Reynolds W E
Zoning 619 London Bridge Road S
Building
Feet
0 2550 100 150 200 250 300
42
ITEM— VI.L.6
PLANNING ITEMS
ITEM#76277
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council
APPROVED, AS CONDITIONED, BY CONSENT, application of AARON C. DAVENPORT I
AARON& KENDRA DAVENPORT for a Conditional Use Permit re short term rental at 421 22"d
Street DISTRICT 6
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
AARON C. DAVENPORT 1 AARON& KENDRA DAVENPORT for a
Conditional Use Permit re short term rental at 421 22"d Street (GPIN
242 7082 711)DISTRICT 6
The following conditions shall be required.•
1. The following conditions shall only apply to the dwelling unit addressed as 421 22"d Street,
and the Short Term Rental use shall only occur in the principal structure.
2. An annual (yearly) SIR Zoning Permit must be obtained from the Department of Planning
and Community Development (Zoning Administration) before using the dwelling for Short-
Term Rental purposes.
3. The dwelling unit shall comply with all required Fire and Building code requirements.
4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii)of the
City Zoning Ordinance(CZO(or as approved by City Council.
S. The Conditional Use Permit shall expire five(5)years from the date of approval. The renewal
process of the Conditional Use Permit may be administrative and performed by the Planning
Department;however, the Planning Department shall notify the City Council in writingprior
to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term
Rental has been the subject of neighborhood complaints, violations of its conditions or
violations of any building, housing, zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times two (2)) on
the property where the Short Term Rental is located. The Short Term Rental may not request
or obtain a Special Event Permit under City Code Section 4-1.
7. The owner or operator must provide the name and telephone number of a responsible person,
who may be the owner, operator or an agent of the owner or operator, who is available to
be contacted and to address conditions occurring at the Short Term Rental within thirty(30)
minutes and to be physical present at the Short Term Rental within one(1)hour.
October 15, 2024
43
ITEM— VI.L.6
PLANNING ITEMS
ITEM#76277
(Continued)
8. If, or when, the ownership of the property changes, it is the seller's responsibility to note
the new property owner of requirements `a' through `c' below. This information must be
submitted to the Planning Department for review and approval. This shall be done within six
(6) months of the property real estate transaction closing date.
a) A completed Department of Planning and Community Development
Short Term Rental Zoning Permit;and
b) Copies of the Commissioner of Revenue's Office receipt of registration;
and
c) Proof of liability insurance applicable to the rental activity of at least
$1-Million.
9. To the extent permitted by state law, each Short Term Rental must maintain registration with
the Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by the
Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and
31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of
any approved parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with
the requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rentals.
13. No signage shall be on-site, except that each short term rental shall have one(1)four-square
foot sign posted on the building, or other permanent structure or location approved by the
Zoning Administrator, that identifies the property as a short term rental and provides the
telephone numbers for the Short Term Rental Hotlines in text large enough to be read from
the public street.
14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)
consecutive days.
15. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least on $1-Million ($1,000,000) underwritten by
insurers acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m.
October 15, 2024
44
ITEM— VI.L.6
PLANNING ITEMS
ITEM#76277
(Continued)
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not
include minors under the age of 16,provided that in no case may the total number ofpersons
staying overnight at the property exceed the number of approved bedrooms multiplied by
three(3).
18. The property owner, or their representative, shall provide to the City Planning Department
permission to inspect the Short Term Rental property annually. Such inspection shall
include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen)
and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in
accordance with the building code in effect at the of construction and interconnected. Units
constructed prior to interconnection requirements must have a minimum of one smoke alarm
installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and
when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon
monoxide detectors have been inspected within the last twelve months and are in good
working order.
Properties managed by Short Term Rental Companies certified by the Department of
Planning shall only be required to be inspected every three years. The inspection for
compliance with the requirements above shall be performed by the short term rental
management company and be documented on a form prescribed by the Planning Department
and shall be provided during the yearly permitting process. Properties may be inspected
annually for compliance with the requirements above by certified Short Term Rental
Management Companies or Certified Home Inspectors. The compliance inspection shall be
documented on a form prescribed by the Planning Department and shall be provided during
the yearly permit process.
19. A structural safety inspection report shall be provided to the city every three (3) years
indicating all exterior stairways, decks, porches, and balconies have been inspected by a
licensed design professional qualified to perform such inspection(engineer or architect)and
are safe for use. The report must indicate the maximum number of occupants permitted on
each level of these structures and placards indicating the maximum number of occupants of
all exterior stairways, decks,porches, and balconies must be posted on each level of these
structures.
This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the IS'" day of October Two
Thousand Twenty Four.
October 15, 2024
45
ITEM— VI.L.6
PLANNING ITEMS
ITEM#76277
(Continued)
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond,Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 15, 2024
A•3'6
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Property Polygons Aaron C. Davenport
Zoning
421 22nd Street S
Building
Feet
0 1020 40 60 80 100 120
46
ITEM— VI.L.7
PLANNING ITEMS
ITEM#76278
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council
APPROVED, AS CONDITIONED, BY CONSENT, application of TRAVIS SMITH/TRAVIS&
ELIZABETH SMITH for a Conditional Use Permit re short term rental at 304 2e Street, Unit 205
DISTRICT 6
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
TRAVIS SMITH/TRAVIS& ELIZABETH SMITH for a Conditional
Use Permit re short term rental at 304 28`h Street, Unit 205 (GPIN
24280028662005)DISTRICT 6
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 304 28`h Street
Unit 205, and the Short Term Rental use shall only occur in the principal structure.
2. An annual (yearly) SIR Zoning Permit must be obtained from the Department of Planning
and Community Development (Zoning Administration) before using the dwelling for Short-
Term Rental purposes.
3. The dwelling unit shall comply with all required Fire and Building code requirements.
4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii)of the
City Zoning Ordinance(CZO) or as approved by City Council.
5. The Conditional Use Permit shall expire five(5)years from the date of approval. The renewal
process of the Conditional Use Permit may be administrative and performed by the Planning
Department;however, the Planning Department shall note the City Council in writingprior
to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term
Rental has been the subject of neighborhood complaints, violations of its conditions or
violations of any building, housing,zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight(number of bedrooms times two (2)) on
the property where the Short Term Rental is located. The Short Term Rental may not request
or obtain a Special Event Permit under City Code Section 4-1.
7. The owner or operator must provide the name and telephone number of a responsible person,
who may be the owner, operator or an agent of the owner or operator, who is available to
be contacted and to address conditions occurring at the Short Term Rental within thirty(30)
minutes and to be physical present at the Short Term Rental within one(1)hour.
October 15, 2024
47
ITEM— VI.L.7
PLANNING ITEMS
ITEM#762 78
(Continued)
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements `a' through `c' below. This information must be
submitted to the Planning Department for review and approval. This shall be done within six
(6)months of the property real estate transaction closing date.
a) A completed Department of Planning and Community Development
Short Term Rental Zoning Permit;and
b) Copies of the Commissioner of Revenue's Office receipt of registration;
and
c) Proof of liability insurance applicable to the rental activity of at least
$1-Million.
9. To the extent permitted by state law, each Short Term Rental must maintain registration with
the Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by the
Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and
31-28(solid waste collection), 12-5 fires on the beach), 12-43.2 (fireworks), and a copy of
any approved parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with
the requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rentals.
13. No signage shall be on-site, except that each short term rental shall have one(1)four-square
foot sign posted on the building, or other permanent structure or location approved by the
Zoning Administrator, that identifies the property as a short term rental and provides the
telephone numbers for the Short Term Rental Hotlines in text large enough to be read from
the public street.
14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)
consecutive days.
15. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million ($1,000,000) underwritten by
insurers acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
October 15, 2024
48
ITEM- VI.L.7
PLANNING ITEMS
ITEM#76278
(Continued)
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not
include minors under the age of 16,provided that in no case may the total number ofpersons
staying overnight at the property exceed the number of approved bedrooms multiplied by
three(3).
18. The property owner, or their representative, shall provide to the City Planning Department
permission to inspect the Short Term Rental property annually. Such inspection shall
include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen)
and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in
accordance with the building code in effect at the of construction and interconnected. Units
constructed prior to interconnection requirements must have a minimum of one smoke alarm
installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and
when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon
monoxide detectors have been inspected within the last twelve months and are in good
working order.
Properties managed by Short Term Rental Companies certified by the Department of
Planning shall only be required to be inspected every three years. The inspection for
compliance with the requirements above shall be performed by the short term rental
management company and be documented on a form prescribed by the Planning Department
and shall be provided during the yearly permitting process. Properties may be inspected
annually for compliance with the requirements above by certified Short Term Rental
Management Companies or Certified Home Inspectors. The compliance inspection shall be
documented on a form prescribed by the Planning Department and shall be provided during
the yearly permit process.
19. A structural safety inspection report shall be provided to the city every three (3) years
indicating all exterior stairways, decks, porches, and balconies have been inspected by a
licensed design professional qualified to perform such inspection(engineer or architect)and
are safe for use. The report must indicate the maximum number of occupants permitted on
each level of these structures and placards indicating the maximum number of occupants of
all exterior stairways, decks,porches, and balconies must be posted on each level of these
structures.
This Ordinance shall be effective in accordance with Section 107(t) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15'h day of October Two
Thousand Twenty Four.
October 15, 2024
49
ITEM— VI.L.7
PLANNING ITEMS
ITEM#762 78
(Continued)
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 15, 2024
OR
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50
ITEM— VI.L.8
PLANNING ITEMS
ITEM#762 79
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council DEFERRED
TO NOVEMBER 12,2024,BY CONSENT, Ordinance to ADOPT and INCORPORATE into the Virginia
Beach Comprehensive Plan, 2016 re The Urban Forest Management Plan, 2023, which will supersede
the Urban Forest Management Plan,2014
Voting: 11 -0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 15, 2024
51
ITEM— VI.M
APPOINTMENTS
ITEM#76280
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
CLEAN COMMUNITY COMMISSION
COMMUNITY SERVICES BOARD
EASTERN VIRGINL4 INDUSTRIAL FACILITYAUTHORITY
HEALTH SERVICES AD VISOR Y BOARD
HISTORICAL REVIEW BOARD
STORMWATER MANAGEMENT IMPLEMENTATIONADVISORY GROUP
URBAN A GRICUL TURE ADVISORY COMMITTEE
VIRGINL4 BEACH CANNABIS ADVISORY TASK FORCE
October 15, 2024
52
ITEM— VIM.
APPOINTMENTS
ITEM#76281
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
STEVE ROCKEFELLER
(Parks and Recreation)
Unexpired term thru 212812026
OPEN SPA CE AD VISOR Y COMMITTEE
Voting: I1 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 15, 2024
53
ADJOURNMENT
ITEM#76282
Mayor Robert M.Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 6:52 P.M.
Terri H. C elius
Chief Deputy City Clerk
m nda Barnes,M C Robert M. Dyer
City Clerk Mayor
City of Virginia Beach
Virginia
October 15, 2024