No preview available
HomeMy WebLinkAboutFEBRUARY 4, 2025 INFORMAL AND FORMAL SESSION MINUTES 1tItA C11 5 e er �q Eb k � d of OOq NTO� VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Virginia FEBRUARY 4, 2025 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, February 4, 2025, at 12:34 P.M. Council Members Present: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi—Arrived at 12:41 P.M. 2 CITY COUNCILS BRIEFINGS GENERAL ASSEMBLY UPDATE ITEM#76600 12:34 P.M. Mayor Dyer welcomed Brent McKenzie, Legislative Affairs Director. Mr. McKenzie expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Mr. McKenzie for the presentation. February 4, 2025 �G�Z.IA,BEq >. a=- �a NY^ �� BUR Npt10. Week 2025 General Assembly update CITY Brent McKenzie, Legislative Affairs Director VB' VIRGINIA 2025 General Assembly Update Today's update: • Status of Legislative Agenda items • Budget amendments • Legislation of interest Goal of today's presentation is to provide an update on the General Assembly session . ZVB • • • Ah , "Good Friday"First Responders Fund HB 2494 Delegate Askew Was not included in the budget SIB 972 Senator Rouse ABC Store Larcenies HB 1925 Delegate Ward These bills were stricken from the docket(meaningthey are no longer under SB 1297 Senator Craig consideration)with the understanding that ABC willwork with localities to reduce the%of police calls Increase the Fire Programs Fund HB 2069 Delegate Garrett Was not included in the budget Property Title Report in Eminent HB 1690 Delegate Convirs-Fowler HB1690 passed the House unanimously and now heads to the Senate for a Domain Proceedings hearing Obstruction of Right-of-Way Violations HB 1966 Delegate Tata Failed to pass the Counties,Cities, and Towns Subcommittee#3 by a 5-3 vote Short-Term Rental Delisting HB 1688 Delegate Convirs-Fowler This legislation was struck from the docket at our request. After meetingwith representatives from the Commissioners of Revenue, Virginia Realtors and AirBnB,we were unable to overcome some of the deficiencies in how the fine would work operationally.We will work on this in the offseason and potentially come back again next year Zero Waste Awareness Week HJ 446 Delegate Feggans Passed House 57-39 $200 individual/$400 joint $200 individual/$400 joint Expanding . . $8,750 individual/$17,500 joint $8,750 individual/$17,500 joint EITC Refundable 20% of federal credit 20% of federal credit ' SupportPositions Cap Provides $222.9 million GF to raise the support $222.5 million in FY 2026 to fully eliminate the cap to the prevailing ratio of 27.89 positions per cap 1,000 Teacher Bonus $1,000/state supported teacher and support $1,000/state supported teacher and support position, no local match required position, no local match required Special AddEifn m $52.8 million in FY 2026 $52.8 million in FY 2026 • $25 million/ Establishes about 2,585 slots. State $25 million/ Establishes about 2,585 slots. State contributes 1/3 of cost; employer contributes at contributes 1/3 of cost; employer contributes at least 1/3, individual 1/3 least 1/3, individual 1/3 . . N/A Includes $500,000 in FY 2026 to establish employer cost-sharing early childhood pilot as an incentive for Title I school employees; Establishes about 94 slots; State contributes 1/3 of cost; employer contributes at least 1/3 Budget Amendments of interest Grant program to support the efforts of Virginia localities to • create local housing trust funds Grants to localities that adopt favorable zoning policies to $1.5 million increase affordable housing supply Virginia Housing Opportunity Tax Credit •: million First Time Home Buyers Grant Program • Rental Assistance Program • Creates the Public Employee Relations Board • - • $9.4 million • support collective bargaining for public employees Economic Development Sports Tourism Grant Program • 5 VS Budget Amendments of interest loodin Water ' Stormwater Local Assistance Fund • million Community Flood Prevention Fundmillion l Cancer Screenings to Virginia Beachfor employees who responded to 2012 jet crash Firefighter Protective Equipmentmillion Support Circuit Court Clerk with new Record $6. millionmillion Sealing Requirements ultural` Virginia African American Cultural Center • Social Service ' N/A $200,000 Fund a Multipurpose Sports Court at the Hallow by Samaritan House 6 VB . . . Policy Priorities Affordable HB1701 Housing Opportunity Tax Credit— Increasing the On for third read 2/3/25 annual threshold and the extending the sunset EconomicHB1616 Workforce Development for Offshore Wind Industry On for third read 2/3/25 Development EducationSB1307 Local authority to call for a referendum on a 1% sales Passed the Senate 27-13 tax for school construction Fiscal Responsibility SB1312; HB2164 Reimbursement to localities for 100% disabied Both bills failed in committee • Budget Im• . veteran's tax deduction Fiscal Responsibility HB248P HB 2488; Local tax authority; nicotine vapor products. Failed to pass and Budget Impacts Flooding SB1337; HB1949; Commonwealth to study state support for local CSRM Senate version prefers the Office of Stormwater HJ434 projects Commonwealth Resilience conduct the study; House version prefers JLARC conduct the study Transportation HB2466 Hampton Roads Interstate Highway Corridor created, On for third read 2/3/25 etc.; sales & use tax • • S131097; HB1982 Commonwealth Mass Transit Fund This legislation failed to report out of committee 1 • • • • Delegate Convirs- Passed the House 69-26-1 (required 2/3 to pass) and now heads to the Senate Fowler HB1687Charter; City of Virginia Beach Delegate Askew Passed the House 54-42 and now heads to the Senate HB1990Election of certain governing bodies; conversion to single-member districts. Senator Rouse Passed the Senate 20-18 and now heads to the House SB814 Election of certain governing bodies; conversion to single-member districts. . . . Legislation Skill Games SB1323 Legislation would authorize skill games; Language in Left in appropriations but language was included in budget is a copy of language that the Governor vetoed the Senate budget Last year; Marijuana Market Place SB970 Legislation includes local taxing (2.5% on top of sales Passed Senate 21-19 tax) and zoning authority RegionalEMS SB1294 Would have redirected local EMS funds to regional Left in appropriations and wasn't included in councils budgets Real property tax; HB2245 Requires local assessors to use the income approach On for third read 2/4/25 assessment of when assessing affordable housing affordable taxes;License HB1743 Provides that the license tax deduction for out-of-state On for third read 2/4/25 deduction receipts in which the taxpayer is liable for a net income state receipts tax shall also apply to any type of tax on gross receipts or Has delayed enactment to July 1, 2026 other tax in lieu of an income tax. License Plate Readers HB2724 Creates framework for how license plate reader On for third read 2/4/25 technology can be used by law enforcement Zoning; penalties SB992 Enhanced civil penalties for repeat violations involving On for third read 2/4/25 certainfor repeatnonpermitted commercial uses; (i) $200 for the initial Planning violation, (ii) $1,000 for a second violation, and (iii) District 23(Hampton $1,500 for a third or subsequent violation, not to exceed Roads) an aggregate amount of$4,200 takeover HB2036 Expands reckless driving to include street takeovers and On for third read 2/4/25 exhibition driving • Ah Ab Memorial Bridge HB1793 Captain Matthew"Chevy" Chiaverotti Memorial Bridge; On for third read 2/4/25 designates bridge over 1-264 in VA. Beach. DomainEminent SB1 158 Limits ability to do design-build projects Passed Senate Water Permits SB923 Would have invalidated water permits for Hampton Left in appropriations and wasn't included in Roads budgets HB2383 Requires an accommodations provider to provide Passed House 94-5 detailed tax information to COR SolarHB2113 Assist local governments with the costs associated with On for third read 2/4/25 programGrant the interconnection of solar facilities to the grid _ HB2438 Creates framework for local government requirements On for third read 2/4/25 for solar energy siting . . HB2630 Allows localities by ordinance to establish a tree canopy On for third read 2/4/25 fund to collect, maintain, and distribute fees collected from developers that cannot provide for full tree canopy requirements where the development project is situated • _ HB2153 Grants authority to localities to adopt a variety of On for third read 2/4/25 strategies intended to encourage and facilitate the development of affordable housing on property owned by religious organizations Traffic Enforcement Technology 1. HB2041 Speed safety cameras; placement and operation • Expands where speed cameras can be placed to include any highway with a speed limit of 45 miles per hour or less that is located in (i) a priority pedestrian corridor as identified by the Department of Transportation in the statewide Pedestrian Safety Action Plan or (ii) a high-risk pedestrian corridor as designated by the Commissioner of Highways. • Requires excess funds to be sent to the Virginia Highway Safety Improvement Program • Requires two signs be placed 1,000 feet in advance of the camera, with one of those signs a pole mounted speed display sign • Require excess funds to be used for traffic, pedestrian, and bicycle safety or speed management projects • Requires a mailed warning for the first 30-days of any new speed camera being placed in the community • Requires a locality to create an advisory group, consisting of stakeholders it deems necessary, to identify issues and public concerns regarding such speed safety cameras 2. HB2718Photo speed monitoring devices; school crossing zones • Requires the recorded image produced by a photo speed monitoring device placed in a school crossing zone to include the blinking sign that is activated 3. SB1209Photo speed monitoring devices; private vendors compensated for calibration, civil penalty. • Requires daily manual calibration of the speed cameras • Requires excess funds to be sent to the Virginia Highway Safety Improvement Program 4. S131233Pedestrian crossing& stop sign violation monitoring systems; violation enforcement • Give localities authority, by ordinance, to operate stop sign and pedestrian crossing camera enforcement 11 VB Collective Bargaining HB2764Collective bargaining by public employees; exclusive bargaining representatives SB917Collective bargaining by public employees; exclusive bargaining representatives • Repeals the existing prohibition on collective bargaining by public employees • The bill creates the Public Employee Relations Board, which shall determine appropriate bargaining units and provide for certification and decertification elections for exclusive bargaining representatives of state employees and local government employees. • The bill requires public employers and employee organizations that are exclusive bargaining representatives to meet at reasonable times to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment. • The bill repeals a provision that declares that, in any procedure providing for the designation, selection, or authorization of a labor organization to represent employees, the right of an individual employee to vote by secret ballot is a fundamental right that shall be guaranteed from infringement. HB2495Firefighters and emergency medical services providers; collective bargaining • Authorizes firefighters and emergency medical services providers to engage in collective bargaining • The bill establishes the Fire Service Cooperation Board to administer its provisions. • The bill has a delayed effective date of January 1 , 2026. 12 VB Discussion Questions 3 CITY COUNCILS BRIEFINGS 2200 PARKS AVENUE PROPERTY UPDATE ITEM#76601 1:12 P.M. Mayor Dyer welcomed Emily Archer, Deputy Director—Economic Development. Ms. Archer expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Ms. Archer for the presentation and with consensus from the Body, directed staff to draft Request for Information for City Council to review and approve. February 4, 2025 MOCA Property 2200 Parks Avenue Emily Archer, Economic Development Deputy Director City Council Briefing February 4, 2025 Purpose40 • Review status of the MOCA Property at 2200 Parks Avenue • Land Use Constraints • Environmental Constraints : • Maintenance Needs r • Provide an overview of unsolicited - - interest received to date • Seek direction on the future of the property The Virginia Museum of Contemporary Art (MOCA) is moving to a new facility at Virginia Wesleyan University in Q1 2026 2200 Parks Ave • Ownership: City of Virginia Beach Virginia Beach Midd ; School • Lessee : MOCA until April 30, 2025 • Property: 9.6 Acres ' • Building: 38,500 SF k,k • Year Constructed : 1989 • Assessed Value: $7, 146,200 Virginia Beach 37 • Zoned : P-1 ( Preservation) Convention Center • Noise Zone: 70-75 db is City Council District: 6 3 2200 Parks Ave - Land Use • P-1 Preservation District Zoning does not permit residential, commercial, lodging or offices uses. .-�;� fi' ,�,.,,.���,�`"�,- . �: �<. . ` ► A rezoning could permit more land uses + , y ,�� ! [,t ( �►, !$} ♦ 1' such as: Business, offices and clinics ,R_„ _fry IN • Eating and drinking establishments ��� . ,.,�,,_ �r„ > • � . , � " �'� _ '� i • Museums and art galleries Public buildings/offices _ a • Retail establishments --- • The following uses will not be prohibited due to 70-75 db noise zone: '`. �� ""` A* • Residential • Lodging • Public assembly 2200 Parks Ave — Environmental • Property within a flood hazard zone • Approximately 33% of the property "3V ( ) %V 3.3 acres contains wetlands W '" �r it • Approximately 37% of the property -, .�..-00. 16eAp�► (3 .5 acres) is within the 100-foot of -� , o ,SAMM� PANELQV AAM the Chesapeake Bayresource - - G protection area : . . • Increase in impervious cover or further encroachment into this area will not be permitted ..,. 100-yr Flood Zone 500-yr Flood Zone 2200 Parks Ave — Maintenance • City is currently responsible for the building and ground maintenance as well as certain utilities • The Tenant is currently responsible for some utilities, furnishings, and art collections Current City Maintenance Items Annual Capital - • Costs Routine Facility Maintenance $ 20,111 Windows and Doors Replacement $ 711,614 Utilities (all City and MOCA paid) $170,248 10-yr Roof Warranty Renewal $195,000 HVAC Contract Maintenance $18,936 TOTAL $906,614 Landscape Maintenance $40,000 TOTAL $209,296 2200 Parks Ave — Unsolicited Interest Received • Unsolicited proposals received : • A museum • A theater • Public library use • City CIP# 100062 The Central Resort y y- District Drainage Improvements has preliminarily identified the need to reclaim portions of the property for stormwater storage and future flood reduction =**ft -'M -"W' ' j ' Alternatives for Consideration - ow w.= _ a A. Proceed with one of the inquiries received _ '! _ B. Issue an RFP/RFI T 3 C. Pause further action until the conclusion of Central Beach Small Area Plan and/or further progress on the Central Resort Drainage Improvements ..... D. Other as directed 4 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS UPDATE ITEM#76602 1:33 P.M. Mayor Dyer welcomed Kaitlen Alcock, Planning Administrator. Ms.Alcock expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Ms.Alcock for the presentation. February 4, 2025 .t PLANNING ITEMS FEBRUARY 4T" & FEBRUARY 18T" CITY COUNCIL MEETING FEBRUARY 4, 2025 CITY OF VIRGINIA ,, � BEACH SUMMARY — February 4TH 12 Planning Items Scheduled for City Council's Consideration ITEM 1: Chase A. Victoria R. Eisenberg • Subdivision Variance • Recommended for Approval by Planning Commission & Staff ITEM 2: Princess Anne Witchduck Associates 1, LC • Subdivision Variance • Recommended for Approval by Planning Commission & Staff ITEM 3: Kaylor Family Trust • Street Closure • Recommended for Approval by Planning Commission & Staff ITEM 4: Commonwealth Brewing Company, LLC • Modification of Conditions • Recommended for Approval by Planning Commission & Staff 2 VB SUMMARY — February 4TH ITEM 5: Born Primitive, LLC • Modification of Proffers • Recommended for Approval by Planning Commission & Staff ITEM 6: Daniel Ryan Wilder, Top Notch Cycles, LLC • Conditional Use Permit (Automobile Repair Garage) • Recommended for Approval by Planning Commission & Staff ITEM 7: Green Clean Holland, LLC • Conditional Use Permit (Car Wash Facility) • Recommended for Approval by Planning Commission & Denial by Staff ITEM 8: Shine Pro • Conditional Use Permit (Car Wash Facility) • Recommended for Approval by Planning Commission & Staff 12 Planning Items Scheduled for City Council's Consideration 1 3 VB SUMMARY — February 4 T" ITEM 9: Jeff Hamilton • Conditional Use Permit (Short Term Rental) • Recommended for Approval by Planning Commission & Staff ITEM 10: Victoria Walsh • Conditional Use Permit (Short Term Rental) • Recommended for Approval by Planning Commission & Staff ITEM 11: Oren Robbins Daniel Ryan Wfda Top N�h Cycles,UC • Conditional Use Permit (Short Term Rental) • Recommended for Approval by Planning Commission & Staff ITEM 12: OVJ Property Resources, Inc • Conditional Use Permit (Short Term Rental) • Recommended for Approval by Planning Commission & Staff 12 Planning Items Scheduled for City Council's Consideration 4 VB ITEM 1 - CHASE A. & VICTORIA R. EISENBERG City Council: District 2 (Henley) Location: Parcel directly south of 1984 & 1992 Gum Bridge Road r SUBDIVISION VARIANCE (Section 4.4(b) of the Subdivision Regulations) Staff Recommends Approval Planning Commission voted 11 to 0 to recommend Approval 5 VS an 9 1 J?J39NAS13 'b VIdOiDIA -Q ]SVHD Ouiuoz Z-9d '8 Z-!DV juajim aqj jo sju@w@jinbaa jeuoisu@wip laaw isnw jol pue papaoDaa aq isnw jeld m@u 'jazaed azlje.2a1 of awil legl le sluauaaainbai 2uiuoz law 1a:)aed popiajsa�j jeanjjnDia2d '�j-y pauoz senn Alaadoid 'paleaa:) uaq/V Jenoidde juawliedaa 2uiuueld Inoglinn uoisinipgns piJen e ION Jenoidde jo nnalnaa 2uluueld Inoglinn ZL6Z ui jeld u011!1Jed Aq paIeaa:) OZ 101 _ DUHN3S13 *H VIIJOEMA *8 *V 3SVH:) - I W311 ITEM 1 CHASE A. VICTORIA R. EISENBERG Proposed parcel has a lot size of 3.308 acres • lot widthof - - Minimum 1-acre lot size and 150-foot lot width required in AG-1 & AG-2 o-.A._.ow sru.avavre�wsnoss.e�rwo ��rrAiT r��w�P® Lots 1-5 of same Partition Plat granted A , Subdivision Variance • • width 2019 r • r �RL Several other legal lots with substandard lot width on Gum P�F�mmr�iw� 1 a Bridge ��"rtd sac 01 Condition added for • to �,J srwowua.+.rtx o..r" PARTITIOY OP PROPERTY OP comply Comprehensive "'"`-` J.T. TATEM ESTATE. ET AL Area . OIVVMO r CAIs A v1ECqu we..vnwnOA MMt.i�.faN Design No known opposition CHASE A. VICTORIA R. • ITEM 2 - PRINCESS ANNE WITCHDUCK ASSOCIATES 1, LC City Council: District 3 (Berlucchi) Location: 5160 Princess Anne Road IS 2 R11, WY SINGLETON WY 4" 82 JACOB CT 02 OR- cT 'AIRFIELD BLVD SUBDIVISION VARIANCE (Section 4.4(b) of the Subdivision Regulations) Staff Recommends Approval Planning Commission voted 11 to 0 to recommend Approval 8 VB rn N I 7v Z n m D Z Z rn n v • c rD z o (A — O D n n Q- pq N N N D r t < "0 (D z fD r-r NJO 9u -N (D N O 73 ID rj un > n C7 v Z37N = � /rn� O _ cn fD (D Do rN-r 0 D 3 L„ — O rr N' � V'Ln N Q N l (D3 Ln 00 (D i r+ =3 � � rD ITEM 2 - PRINCESS AN N E WITCH DUCK ASSOCIATES 1, LC • Directly behind the easement, both Lot parcels would meet corner lot width requirement of 110 feet Proposed tcyt 7,437 SF outside,, • New parcel-112-foot width; Residual easement parcel-125-foot width • Recommended Conditions: Vatiable Width Easement • No development permitted in the public easements • Future building must comply with Historic Kempsville Architectural Design Guidelines • No known opposition PRINCESS ANNE WITCHDUCK ASSOCIATES 1, LC 1 10 VB ITEM 3 - KAYLOR FAMILY TRUST City Council: District 5 (Wilson) Location: 630 Surfside Avenue RIO . , STREET CLOSURE Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 11 uB �s a ro cdts•}IYIT T Sfllf7l7t a 7tQ� SW.t`F� '1(OIIOPCm'Shall OM iN5 olA'Ma 11YT M PROOtR^/ U(S�lECMO a6$NtUM w Y71.}�,�.77 Aq M ITEM 3 - KAYLOR FAMILY TRUST Y415 or M BUID•OS Ml[►5 5eallY a nla qAr ^rt tuln.ws rYa.ln•nc so wavotrr ulcs,Yc�r F :or t 3► Request by • • Family Trustto • ' M[YO f.YcwkJYrtN13 ar ofN01 9dtDiYGS a hlf. v � KR{S C.KFiB Y • • • ' portion ofunimproved . • unnamed alley (uer zooeo7uaooes9a o) Areato • ' incorporated into adjacent property owned by • • • Application is consistent with other Street Closure applications in Croatan Beach neighborhood PATF�CK R a 2 �+ Meeting • on November 2024 requested to retain a public 8HARON L FfATH Y{46-36-3Si5 drainage h� N 7r�o'.o•w sacv' � • _ WO ��ORM£R[Y UIfF A►�J No known opposition 30'R/W••. KAYL O LLC City Council: District ITEM 4 - COMMONWEALTH BREWING COMPANY Location: 2440 & 2444 Pleasure House Road MODIFICATION OF CONDITIONS Staff SECT �BEL'' uq T 0 IgKE DR CpRpNE EgyE _, Z � ELN I�FgCN R5R = � C � J Z a 3 � LAkE gRADFpRD LN � �., W Al2 c ALppNAcq�E Ole Recommends • • • Planning Commission • - • lo to 1 to recommend Approval ITEM 4 - COMMONWEALTH BREWING COMPANY , L LC • Conditional Use Permit for a Craft Brewery approved in 2014 • Modification of Conditions and - ....... Street Closure approved in 2023 i t _ Site plan to be submitted within 90 days ' S of CC approval • Permits to be obtained and construction started within one year • Requesting 1-year extension to obtain permits and begin construction • No known opposition COMMONWEALTH BREWING COMPANY, LLC 1 14 VB Council:City • (Remick) • • • • i • Virginia BeachBoulevard, parcel directlyof 1469 Virginia BeachBoulevard, • parceldirectlyofVirginiaBeachBoulevard MODIFICATION OF PROFFERS Staff OLD VIRGINIA BEACH RD q -_ LONG.�OAK1:T � - t -. VIRGINIA BEACX BLVD rc u -._� J W. VIR GINIA BEA CH BLVD Z BY W ~ J t' - � O HITESHEW PL RSCS NEW VORK AVE Z -' J � a �--__- OCEANA BLVD f R5� Q m Recommends Approval Planning Commission • - • 11 to 0 to recommend Approval ITEM 5 - BORN PRIMITIVE, LLC • Requesting to modify the previously approved proffers to revise the �IIII Congo conceptual plan, building elevations, and renderings 8BBe9 Revisions include: • 2nd floor office addition (increase 48,120 sf to 53,440 sf) • Warehouse reduced from 34,200 sf to .. Illlltlllllll JIIIIIIIIIIIIIIIII III 27,380 sf munnAlllll unllunnuuu nauuunlnwul III IIIIIIIIIIIBIII II I IIIII II IIIIIIIIIII'llll;lllllllll 11 l I i,III ■ Conversion of 1,500 sf of warehouse — o space into employee locker and break rooms BORN PRIMITIVE, LLC 1 16 VB ITEM 5 BORN PRIMITIVE, LLC Project:Born Primitive Exterior Rendering Comparisons • • elevations revised to 1 • ' lowt martM ��.. M,. ia� neutral color palate m wn 35-foot building • remains as ungina�3o view t PREVIOUSLY APPROVED New 3o view t PROPOSED previously proffered -+Norh Elevation PREVIOUSLY APPROVED No changes proposed • conceptual �. .- r• 0.W�-mg. landscape • • No known opposition New North Elevation PROPOSED Y"��deatlon studio 29 OCT 24�ideationstudro.com `• -- - -"' BORN •• PRIMITIVE, ITEM 6 - DANIEL RYAN WILDER, TOP NOTCH CYCLES, LLC City Council: District 5 (Wilson) Location: 2608 Horse Pasture Road, Suite 104 r . I• "IDGERD RD i CONDITIONAL USE PERMIT (Automobile Repair Garage) Staff Recommends Approval Planning Commission voted 11 to 0 to recommend Approval 18 �/B ITEM 6 - DANIEL RYAN WILDER, TOP NOTCH CYCLES, LLC w • �� -. • Conditional Use Permit request for Automobile Repair Garage • Hours of operation: • Monday thru Friday 9:00 a.m. to 5:00 c p.m. _ 1 employee anticipated HORSE PASTtiR,, awl DANIEL RYAN WILDER, TOP NOTCH CYCLES, LLC 19 SIB ITEM 6 - DA N I E L RYA N WILDER, TOP NOTCH CYCLES, L LC y • No exterior changes proposed except x� for signage x • No known opposition, 3 letters of support provided DANIEL RYAN WILDER, TOP NOTCH CYCLES, LLC 20 VB Council:City 1 • • •n: 4241 Holland Road CONDITIONAL USE PERMIT (Car Wash Facility) Staff lC W t1- v Recommends ITEM 7 - GREEN CLEAN HOLLAND, LLC • Deferred at the January 215t City Council hearing • Request for a Conditional Use Permit for a Car Wash Facility to adapt an p existing former Rite-Aid building for reuse as a car wash • Similar application deferred at the July 9, 2024, and August 20, 2024, City Council hearings before being withdrawn by the applicant Applicant conducted additional public outreach and provided bike racks and GREEN CLEAN AUTO�Sl �­ER. benches at the southern portion of the site GREEN CLEAN HOLLAND, LLC 1 22 VB ITEM 7 - GREEN CLEAN HOLLAND, LLC • Staff recommending denial: RUTO YOIN ,.. � ,...: • Counter to recommendation in Commercial Area Pattern Book for redevelopment of large shopping centers and in Comprehensive Plan INTO YININ '4W, "Y))I • Would further entrench auto-oriented uses on a prominent corner in the Holland Road corridor • Immediately opposite apartments on S. Plaza Trail LGreen Clean Express Auto Wash 4247 H.fla,4 13 letters of support GREEN CLEAN HOLLAND, LLC 23 VB ITEM 8 - SHINE PRO City Council: District 10 (Rouse) Location: 4239 Holland Road, Suite 772 CONDITIONAL USE PERMIT (Car Wash Facility) Staff Recommends Approval Planning Commission voted 11 to 0 to recommend Approval 24 VB ITEM 8 - SHINE PRO • Conditional Use Permit request for a Car Wash Facility Existing suite used for retail—auto In' s care and cleaning items -- •_ - �- Seeks to add a car detailing service R to the existing business • Detailing will occur in rear of the - -- suite on a "dry mat" that is intended to absorb a majority of the runoff Proposed SHINE PRO 1 25 v6 ITEM 8 - SHINE PRO Hours of operation: • �` Monday thru Sunday, 9:00 a.m. to 5:00 p.m. r a • Anticipate average volume of 2-3 vehicles per day • 2 employees anticipated • No known opposition, 156 letters of •. N support Aiiii ELL: SHINE PRO 26 VB Council:City • • • Ave, ` �y CONDITIONAL USE PERMIT OR t 3TH ST PVT'Ey yG � �'1 111 i m 1 t1TH HALFTT OR ttTH S K y fi 1 ALLEY �°j NEWOOD DR '<t O OR D N ORFOLK AVE •fr T tOTH ST; yTH gT m SS— T T o 8 H 5 9T A A�IEY�, $T 1 2 P cJ � BTHS W OpR OLINA A� ➢ ALLEY i� H p01NT AVE m 5TH ST OR m (ShortRental) Staff G. Recommends Approval Planning Commission • - • ii to 0 to recommend Approval ITEM 9 - JEFF HAMILTON 0 Request for a Conditional Use Permit to operate a Short Term Rental 2-bedroom unit within the Pacific *:R Place Condominiums 25 previously approved Conditional Use Permits for Short Term Rentals Rentals within Pacific Place ..�\ Short Term- - ermits(66) JEFF HAMILTON 28 VB ,pSN SjOol • + a j 3 SN t NORFOLKgVE 5�-, --'Fie ���` � �, . �r. � . • • . • - • City Council: District 5 (Wilson) • • 917 Pacific Avenue, ' CONDITIONAL USE PERMIT m 96 .p t)TNSS ALLEY v �s+ �� OR g v LAKE DK pLIEY 1 �i � �` PMEWOOD DR ; NOR FOLK AVE T 10TH 5 m 9TN ST .. 7 ALLEY 9�51 ,. i Z_. SSH� NORFOLKAVE ➢P N CA pL\NA P� v ALLEY n m� N\GN pp\NT AVE Em STH sS OR m , RR AGE PY (Short Staff Recommends A• • • ' • • • • • 0 • • • Approval • ITEM 10 - VICTORIA WALSH • Request for a Conditional Use Permit to operate a Short Term Rental OEM fit►►�� _ • 1-bedroom unit within the Pacific Place Condominiums • 25 previously approved Conditional ��'► �� Use Permits for Short Term Rentals • within Pacific Place VICTORIA WALSH 1 31 VB ITEM 10 - VICTORIA WALSH 1 parking space required and provided Previous Notice of Violation issued for operation without CUP 1 letter of opposition related to concerns about prior STR operation -� without a CUP VICTORIA WALSH 132 VB Council:City • Location: 613 22nd Street F1#S 23R0SS \, -._.RSA ONA�5 �/ _23R 3�NDNAIf ST 1 � ` OP � O �'►- � m � y O R c N Z 9 D Ogg pR CONDITIONAL (Short Staff Recommends Approval Planning Commission • - • 11 to 1 to recommend Approval ITEM 11 - OREN ROBBI NS • Request for a Conditional Use Permit _ D to operate a 3-bedroom Short Term Rental N • �= ������� • 3 parking spaces required and •'`� provided r Term Rentals U STR Permits _ OREN ROBBINS 34 VB ITEM 11 - OREN ROBBINS .r. r . . .. No prior zoning complaints, AM Q: • ----- advertisements, or rentals • 1 letter of opposition with concerns about parking, the number of bedrooms, and the operation of an STR on another site ;r OREN ROBBINS 35 VB ITEM 12 - OVJ PROPERTY RESOURCES, INC City Council: District 6 (Remick) Location: 4005 Atlantic Avenue, Unit 219 OR .. alai f . CONDITIONAL USE PERMIT (Short Term Rental) Staff Recommends Approval 36 VB Planning Commission voted 11 to 0 to recommend Approval ITEM 12 - OVJ PROPERTY RESOURCES, INC N � o . Request for a Conditional Use Permit to operate a 1-bedroom Short Term • Rental =� Within the Ocean's II Condominiums r/►�� 14 previously approved Short Term Rental Conditional Use Permits Short Term Rentals #!'�► - OVJ PROPERTY RESOURCES, INC 37 VB ITEM 12 - OVJ PROPERTY RESOURCES, INC • 1 parking space required and y , provided Prior Zoning Compliant received in x 2021, site determined to be in compliance " ^ Site is not currently advertised • No known opposition 9i 1 OVJ PROPERTY RESOURCES, INC 38 VB SUMMARY — February 18 TH 17 Planning Items Scheduled for City Council's Consideration ITEMS 1 & 2: 33rd Street, LLC • Alternative Compliance & Street Closure 33rd Street,LLC • Recommended for Approval by Planning Commission & Staff VIBE 19.LLC ITEM 3: Evergreen Virginia, LLCEvergreen Virginia,LLC • Modification of Conditions Westview Plaza Associates.LLC • Recommended for Approval by Planning Commission & Staff ITEM 4: Westview Plaza Associates, LLC • Conditional Rezoning (B-2 Community Business District to Conditional A-24 Apartment District) • Recommended for Approval by Planning Commission & Staff ITEM 5: Knosos, LLC • Conditional Rezoning (AG-1 Agricultural District to Conditional R-7.5 Residential District) • Recommended for Approval by Planning Commission & Staff 39 VB SUMMARY — February 18TH ITEM 6 - 16: Vibe 19, LLC • Conditional Use Permit (Short Term Rental) • Recommended for Approval by Planning Commission & Staff ITEM 17: City of Virginia Beach • Ordinance (Urban Forest Management Plan, 2023) Evergreen Virginia,LLC • Recommended for Approval by Planning Commission & Staff Westview Plaza Associates.LILC 17 Planning Items Scheduled for City Council's Consideration 40 VB ITEM 1 - 3311 STREET, LLC City Council: District 6 (Remick) Location: 3330 Pacific Avenue, 3300 Pacific Avenue, 305 33rd Street, parcel immediately west of 305 33rd Street, and parcel immediately east of 3300 Pacific Avenue .• OR OR OR i E ALTERNATIVE COMPLIANCE Staff Recommends Approval Planning Commission voted 10 to 0 to 1 to recommend Approval 41 V/B ITEM 1 — 33rd STREET, LLC MARLYN • Request for Alternative Compliance to allow for a deviation in building T height to allow 158.5 feet 1.29-acre site consists of five parcels west of Pacific Avenue between 33rd and 341" Streets. a " ' oz Existing Suntrust building and the Jefferson Manor Motel will be demolished. EXISTING ' 33 d Street, LLC 42 VB ITEM 1 — 33rd STREET, LLC Proposal is for a 12-story senior EAC OWE housing facility Will consist of 97 independent living g" units, 27 assisted living units, and 8 lie, memory care units structured parking will provide 157 parking spaces Offices, amenities, and parking will occupy the lower floors. Residential - units will occupy the tower portion VIEW FROM NORTHEAST` of the building 33rd Street, LLC 143 VB LLC The prescribed height Ordinance MARLYN DEVELOPMEN 158.5'to the highest point Building 8 .5' at its tallest 100 �► • • (rooftop amenities) and I • to 146.5'to the top of the tower �� .� • • of • Tower portion ofthe • • ing is e • along Pacific Avenue ., of the assisted living building at �. ���� a • �.,,�.,,, living building at the highest point �_ ���� the southern side �,_ 11��f�� :�«�.. �•• of the site. a" ���� , Building stepsdown on side adjacent to the Seapines i4♦COI.r� • hborhood Building height is I3.5' where closest to the 33RD STREET ELEVATION(SOUTH) -.-- neighborhood (parking 144 ITEM 1 - 3311 STREET, LLC E CC �BEAC OWE III OWE I i NN- All r y r s t 33 d Street, LLC 45 VB ITEM 1 — 33rd STREET, LLC • Building maintains a S' setback along raC"� W Pacific Avenue, 33rd and 341" Streets W -- 10' setback adjacent to the Seapines neighborhood ~ � N 1 A 5 VNG • Landscaping buffer will be installed N • Sidewalks and street scaping will be installed per City requirements d • Amenities for the residents include: • Indoor pool, pickleball courts, fitness C I F C A E area, media room, game room, library, salon, bike rentals, storage facilities, dining areas, and trash collection area 33r`' Street, LLC 146 VB ITEM 1 — 33rd STREET, LLC - - - - -- Proposed density does not increase ., from what could be achieved from developing under the prescribed � form, which could accommodate 97 units Additional height needed to accommodate number of amenities and larger living units Assisted living and memory care units considered institutional vs. residential T `r " Density Study was reviewed by the 3 JRP on November 21, 2024, and AVENUE STREETSCA deemed acceptable 33rd Street, LLC 147 vs ITEM 1 — 33rd STREET, LLC The RAC-PDRC voted to support the Y EAC proposal on December 3, 2024 • Staff feels proposal meets the goals of the RASAP plan Promotes pedestrian type transit, provides active street frontages, provides diversified housing options It r _ _ and year-round residents , : Staff received a petition of r opposition with 31 signatures of opposition, primarily from the adjacent Seapines neighborhood 33rd Street, LLC 148 VB ITEM 2 — 33rd STREET City Council: District 6 (Remick) Location: 20-foot wide by 82-foot long air rights parcel, west of the intersection of 33rd % Street and Pacific Avenue, immediately adjacent to 3300 & 3330 Pacific Avenue and 305 35th Street OR OR AiZ ., "A­®R STREET CLOSURE Staff Recommends Approval Planning Commission voted 10 to 0 to 1 to recommend Approval 49 VB GPINS 212942-098J-LOT t p 2129-02-9935-LOT 2 c 24t9.92-D869-LOT J LLC 2119.92•8882-10T51.S „�, 241681906J-LOTS 11,t2.1J Request for a street closure of two LOT 5 � SOURCE OF TITLE.INSTR.NJAABER LOTS 1,11.12.iJ-/20 71010 1 60 0 27 9 9° � (Parcells . � H �ROP03ED CLOSURE OF �' LOTS J.I.S-Y20t1010100027982D parc - AIR RIGH'S PARCEI'A'19 5' W LOT 2-M20N93011502 W N ABOVE A 20't 72.5'PORTION w LOT 4 � / ����ST t to •cc w c aboveClosure is for the air-rights 33 Y2 street alley N LOT 3 LOT 13 Vl LOT 2 72 5' Necessary • thebuilding . • O LOT 12 = over to • • • . continuous n LOT 11 front along I.071 50 Pacific The P A C I F C A V E N U E alley remain - en to SLIEST t OF 5 OCIOHER 30.20�4 vehicular a and pedestrian EXHIBIT A -HORIZONTAL DEPICTION OF AIR RIGHTS PARCEL'A' EX'iIB1T'A'SHOV1gNG AIR RIGHTS PARCEL'A'PROPOSEb FOR CLOSURE ABOVE A 20'BY i2 5'(1,450 SF, '�«•�• PORTION OF 33RD t�7 STREET EXTENDING VERTICALLY 146'CONTIGUOUS VNTti LOTS 2 AND 72 AND - PORTIONS OF LOTS 3 AN�13.BLOCK 107 VIRGINIA MAW COMPANY(N.B 1 PG 288:M B.E T I M M O N S G R O U P PG 103.M.8.5.PART 2,PAGE 151) ,00=.,e,, MARLYN DEVEEOPMENT EACH m �� i_�r_s '" III. � �.■r _._ II .,M„ �, ill ■. 111T he closureof air rightsbegins 1 • ... ..o E Ill ■ 111 over of the street • hROP ri Ill �■ IU� extends • height • • jq �.��. Ill. ■ III Tw1} tA��M I4.�SQ PACIFIC AVENUE ELEVATION�EASTJ 16.5' alley clearance _---- M�NYepf�rMY,ffA!t .00reon Nr,WNtf,MQ.x Na' i w.Ne'eP'rww evah a �r T' ,Ye xOnxlelP N4'/ oP. Viewer's Meeting held on November NMI • • no concerns were noted EXHIBIT A-VERTICAL DEPICTION OF AIR RIGHTS PARCEL'A' .' �'• EXHIBIT A-VERTICAL DEPICTION DF AIR RIGHTS PARCEL'A' .''•�'• e.n .., TIM MONS GROUP - TIMMONf OIIOUI Conditions recommended to replace and modify sanitary sewer within the s.nrrana YaNn fr �� —I—•,•� x...e.a.m.P,..A., alley § �`fe„n�iNPaa,uw 4-foot right-of-way dedication to increase alley width to 24 feet hwnTM %HIBIT A-VERTtCAI DEPICTION OF AIR RIGHTS PARCEL'A' .' ��'. E%Hi81T A-VERTICAL DEPICTION OF AIR RIGHTS PARCEL'A' ' TIMMONf 6ROU� "'" w .,.;.. .,. TIMMONf GIIOU► Council:1 City • • 11 & 3736 Sentara Way MODIFICATION OF CONDITIONS Staff 9 aJ1il�'IK1p-8 -�� � 7-5 Z b 'L6 z m R Y'�p`~ P Z BARRYST rY � N 82 T � O GATEWAY PL � �rTER--'sT- ,� � SPRUCE CIR w O . SOUYH BLVD �� a, J A Z � O H ISTORVLAND DR 77 O �, . m._TEAKWOOD DR o ,. Il � _ y o � �` S PLAZA TRl " _ BE l .-__.'____,--'-_... __-•--.Y--,�"-`-'�-,__ RAINTREE RP-^' IP'.'S ` 82 82 Bi R'? Recommends Approval Planning Commission • • 11 to 0 to recommend Approval HYUNDAI BUILDING ADDITION- Request • incorporate an additional CONCEPT PLAN parcel at 3736 Sentara Way � PRENARED EON _.� � y�'c CHECKERED FLAG • VIRGIMA BEACH,VIROIMA expand the existing car dealership Expansion will be done in 2 phases— includes several building additions Hewn P I • nd additional parking and display Hours of operation will remain from � Kimley>»Horn 54 VB ITEM 3 - EVERGREEN VIRGINIA, LLC • Retention of prior conditions relating to light, noise, and loading & unloading of vehicles • 4 prior Zoning Complaints, all of ■ 2W. which have been resolved ■ ■ WO • Letter of concern received— concerns about light & noise pollution, loss of trees , wildlife displacement, & degradation of property values EVERGREEN VIRGINIA, LLC 1 55 VB ITEM 4 - WESTVIEW PLAZA ASSOCIATES, LLC City Council: District 1 (Hutcheson) Location: 6528 & a portion of 6544 Indian River Road, parcel directly north & west of 6528 Indian River Road r CONDITIONAL REZONING (B-2 Community Business District to Conditional A-24 Apartment District) Staff Recommends Approval 56 SIB Planning Commission voted 11 to 0 to recommend Approval ITEM 4 - WESTVIEW PLAZA ASSOCIATES, LLC Proposed • Request to rezone 9.95-acre site from 4 B-2 Community Business District to s Conditional A-24 Apartment District • Proposed 165 multifamily units, resulting in a density of 23 units per acre • Enhanced landscape buffer adjacent a to residential properties KimleylWorn • Parking met on site • 302 spaces required; 308 spaces provided WESTVIEW PLAZA ASSOCIATES, LLC 1 57 VB ITEM 4 - WESTVIEW PLAZA ASSOCIATES, LLC • Four, 3-story buildings proposed with total building height of 45 feet Opposition received noting concerns W. of overcrowding of schools, wetlands contamination, stormwater, invasion of privacy, & encroachment into bald .un - eagle nesting spots s JIM Petition of opposition with 81 signatures, • 5 speakers in opposition at Planning MUMPNRFYS PARTNERS Commission hearing WESTVIEW PLAZA ASSOCIATES, LLC 1 58 VB ITEM 5 - KNOSOS, LLC City Council: District 2 (Henley) Location: Parcel directly south of 2832 Bald Eagle Road �j CONDITIONAL REZONING (AG-1 Agricultural District to Conditional R-7.5 Residential District) Staff Recommends Approval Planning Commission voted 11 to o to recommend Approval 59 v8 Q Q L _ E o (a) O O ('7 0 Q) " `n +-+ U) N Q u f1 O a oo �O N cn -0 —+ N00 O t1�o o a) O c6 i o U Q) aJ QJ QJ U_ v�i to O � 0 v >- v � t1�0 Q O U O N M QJ QJ O L O DC Q cn Q O L L 4-J 0- C: �HIM I� 00 0000G80 89EEDOOE0000�©08099©�©��� 0090090090 Oil 0000cocaaa Ln W ITEM 5 - KNOSOS, LLC • Proposed house styles will be compatible with surrounding neighborhood [E - ED • Opposition received noting concerns with ( � 7. increased traffic, change in community character, removal of mature trees, and stormwater • 2 letters of opposition, 21 signature petition of opposition, • 3 speakers in opposition at Planning Commission ' KNOSOS, LLC 61 VB ITEMS • • Council:City . - Location: 91 • - 1 1 • 200, : 300 24TH ST`F� �✓.. 2�R gY' •. 1�H� ...., ,.. iy ram' 2�R0 HA _"" aA J•8R..-. � ..... .23 22Np HALF SS n-_., A. 20TH S 2ptH St ���t OR 1RGiNlA BEACH 9V _,6SH ST,. __..- �m ,STH ST T9tH gt 'F .•-' N 15TH'' OR am �aTH sT � R CONDITIONAL (Short Staff Recommends Approval Planning Commission • - • lo to 0 to recommend Approval ITEMS 6-16 - VIBE 19, LLC '►� =» Request for 11 Conditional Use Permits to operate 11 Short Term Rentals a 9 townhouse units ,_ _ = '♦® 0 2 apartment units Project currently under site plan _ _ review VIBE 19, LLC 63 VB ITEMS • • s. gr'v an xr r ra► - 31 parking spaces required and re provided - - - _� [IFNI .� ONE No known opposition VI 1907 Cypress Ave � °��_ �,. h STR Parking Plan _ BE 64 ITEM 17 - CITY OF VIRGINIA BEACH An Ordinance to adopt and incorporate into the Virginia Beach Comprehensive Plan , 2016, the Urban Forest Management Plan , 2023, which will supersede the Urban Forest Management Plan , 2014 CITY OF VIRGINIA BEACH 165 VS ITEM 17 - CITY OF VIRGINIA BEACH Comprehensive strategy aimed at preserving, expanding and diversifying the city's urban forest Plan maintains the goal of achieving 45/o UTC by 2045 ti�5 ' c - " • City lost 1.34% of the Urban Tree Canopy UTC t between 2012 and 2018 a F Outlines steps to achieve the 45% UTC that include '`' 6 tracking, education, management, and collaboration Public Engagement Internal and external stakeholders In-person meetings • Online survey • Recommended for approval at the September 11, 2024 Planning Commission Hearing CITY OF VIRGINIA BEACH 166 VB 5 CITY COUNCIL LIAISON REPORTS ITEM#76603 2:11 P.M. Council Member Remick advised the City Attorney's Office provided an explanation and draft Ordinance regarding the Towing Advisory Board to expand the Board's purview in relationship to the Police Department. Council Member Remick encouraged the Body to read the letter for more information and to let him know if there is support to add the Ordinance to the Agenda for consideration. February 4, 2025 6 CITY COUNCIL LL4ISON REPORTS ITEM#76604 (Continued) Council Member Henley referenced the City Council Retreat discussion concerning the need to prioritize funding for Capital Improvement Projects(CIP) and asked what the next steps will be? Council Member Henley advised she serves as Liaison to two (2)Appointive Agencies with dedicated funding that will be addressed and asked if the Agencies and public will have an opportunity to provide input?Council Member Henley additionally requested to know the basis for determining iffundingfor CIP's will be in the upcoming budget or in a future budget? City Manager Duhaney advised staff will use City Council's direction from the Retreat to draft a proposed operating and CIP budget for City Council's review and consideration. City Manager Duhaney cautioned the short timeline for City Council to receive the proposed budget likely will not allow enough time to engage and gather input from all of the Appointive Agencies. City Manager Duhaney advised he is currently working to gather information on factors that affect the budget including Real Estate Assessments, Schools and the Market Salary Survey. City Manager Duhaney advised City Council will be briefed on the Market Salary Survey next week and staff will seek guidance from the Body on the next steps. Council Member Henley suggested each Agency could provide input directly to the City Manager. Council Member Henley explained she was hoping the CIP's could be examined to help determine which should be funded either now or later, adding the main challenge she sees is with the roadway projects as that is where inflation has had the highest impact. Council Member Henley advised she has reviewed information that the City is no longer the fastest growing city and has been a city with the highest shrinkage for the past few years and therefore projects to build six (6) or eight (8) lane roadways may not be necessary right now. Council Member Henley advised this budget will require several adjustments and is hopeful to allow time for in depth evaluation before it is too late to make changes. City Manager Duhaney advised staff will deliver the proposed budget to the Body the third week in March and then the Body will have approximately sixty(60)days to decide what will ultimately be adopted. City Manager Duhaney suggested amending the process so that the Body could use that time to evaluate the proposed budget versus having thirty five (35) budgeting units and each Department provide in person presentations. Mayor Dyer suggested each Department provide an executive summary of their budgetary needs, acknowledging the challenge offinding a balance between salary adjustment and CIP's and asked the Body for a consensus. After City Council discussion, City Manager Duhaney summarized the consensus to have each Department brief operational budget needs during regularly scheduled Formal Sessions and schedule Special Sessions on Thursday's to allow time to discuss specific CIP budgetary needs. City Manager Duhaney advised when he provides the proposed budget in March, he will include a proposed 60-day calendar with options for scheduling operational and CIP briefings. February 4, 2025 7 CITY COUNCIL DISCUSSION/INITIATIVESI COMMENTS ITEM#76605 2:30 P.M. Vice Mayor Wilson congratulated Mayor Dyer and his wife Trish, who will celebrate their 20`h wedding anniversary tomorrow. Vice Mayor Wilson advised being the spouse of a Council Member is not always easy and comes with sacrifices. Mayor Dyer expressed he has been blessed and believes it is important to recognize and appreciate spouses for all of the support they provide. Mayor Dyer advised before he was Mayor, he did not realize how much time the City Council Appointees give, it is much more than a 9 to 5 job and sacrifice a lot of time. February 4, 2025 8 CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS ITEM#76606 (Continued) Vice Mayor Wilson advised she was proud to see Navy barges from the City assisting in salvage and recovery efforts after the tragic plane and helicopter collision at Ronald Reagan National Airport. Mayor Dyer agreed and wanted to also express his pride in the City's Virginia Task Force 2 (VA-TF2) which is one of the Country's FEMA Urban Search and Rescue Teams who have also deployed in response to many incidents and asked Council Member Hutcheson to comment on the Team's achievements. Council Member Hutcheson advised the Team responded to 9111, Pentagon, Oklahoma City bombing and multiple hurricanes. Council Member Hutcheson advised the VA-TF2 is the #1 travel team in the country due to its proximity to handle incidents on the East Coast. Council Member Hutcheson explained there are bigger teams but VA-TF2 is the most traveled. Council Member Henley advised she was concerned when she heard the team may go away and hopes that is not being considered. Council Member Henley recalled seeing the Team return home after responding to the Pentagon and how it has had a lasting impact on her. Council Member Henley advised VA-TF2 means so much to the City and does not want to see anything happen that would diminish it. Council Member Berlucchi advised he would also like to recognize the City's Police Officers who recently went to the United States Capital as designated members of the National Security Special Event detail to support both the Certification of Election and Presidential Inauguration. Council Member Berlucchi advised he would like to honor each of them with a Resolution for their national service contributions. City Manager Duhaney advised he would send City Clerk Barnes a list of employees in order for her to prepare the Resolution. February 4, 2025 9 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#76607 (Continued) Council Member Ross-Hammond provided the following comments: - On February 3'd she attended an event sponsored by the VB VA250 Committee where a presenter provided a historical account of the Skirmish of Kempsville during the Revolutionary War - The Historic Preservation Committee will have an unveiling ceremony for the Willis Augustus Hodges historical marker - On January 29`" and 30'", she attended the Virginia Municipal League Conference in Richmond and encouraged the Body to attend future events as it is important to participate with the legislators and represent the City - In recognition of Black History Month, the Virginia African American Cultural Center(VAACC)provided the Body with copies of the 2025 Murals Calendar that includes quotes from famous Virginians Council Member Henley advised as the VB VA250 Committee is working on preparing the 250`" year celebration of the Declaration of Independence next year, it is important to recognize after it was signed in 1776, the Revolutionary War continued for six(6)more years and is part of the City's history. Council Member Henley advised Princess Anne County has been viewed as loyalists and does not believe that is accurate. Council Member Henley explained a couple of years ago the City had a professor review the diary written by a Hessian soldier who represented the British and wrote about the skirmish at James Plantation on February 15, 1781, determining the skirmish took place on a plantation that today is where the Target is located in Redmill. Council Member Henley advised the Daughters of the Revolutionary War will hold a celebration this year on February 15'h at Nimmo Church. Council Member Henley explained the diary also included an entry for the next day, on February 16, 1781, where the Loyalists and Patriots had another confrontation further south, where the third Pungo Chapel was located and is now owned by Henley Farm. Council Member Henley advised there will be a brief ceremony at the site on February 16'6 at 2:00 P.M. and invited anyone interested to attend. Council Member Henley advised the Senior Resource Center is working to gather more information on Princess Anne County's history during the Revolutionary War era and believes the City's predecessors deserve to be recognized. February 4, 2025 10 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#76608 (Continued) Council Member Berlucchi explained the Body's Legislative Aides have been a valuable resource for providing research and support and he would like for them to have business cards. Council Member Berlucchi requested consensus from the Body in order to provide direction to City Clerk Barnes so the order can be placed. Mayor Dyer advised the Legislative Aides regularly engage with citizens and believes it would be a good idea. February 4, 2025 11 CITY COUNCIL DISCUSSIONIINITIATIVESICOMMENTS ITEM#76609 (Continued) Council Member Berlucchi he will have a District 3 Town Hall Meeting on February 24`",at the Kempsville Recreation Center. Council Member Berlucchi advised he is pleased that it will be a joint meeting with Mark Bohenstiel who is the District 3 School Board Member. February 4, 2025 12 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#76610 (Continued) Mayor Dyer advised prior to the COVID-19 Pandemic, the City participated in the National Day of Prayer tradition which was led by the remarkable Dame Mary Barraco. Mayor Dyer advised Ms. Barraco was a French Freedom Fighter during World War 11 and had been imprisoned by the Nazi's for several years. Mayor Dyer explained after she passed away the City did notparticipate in the annual tradition and would like to begin participating this year on May 1 S`. Mayor Dyer advised he will work on the details and provide more information. February 4, 2025 13 AGENDA REVIEW SESSION ITEM#76611 2:53 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES I. Ordinance to AMEND the City Code Section 2-90 re restriction on certain political activities by City Employees 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Use Agreement with the Virginia Beach Department of Public Health re temporary use of City-Owned property at 2425 George Mason Drive 3. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with the School Board and APPROPRLATE miscellaneous revenue re use of school buses during the National High School Coaches Association Senior Nationals 4. Ordinance to AUTHORIZE the acquisition of 5136 Fletchers Arch from Josue A. Miranda and TRANSFER $334,000 from CIP#100399 "Strategic Development Projects", $10,000 from CIP #100577 "Strategic Site Acquisition", and$53,981 as Pay-As-You Go funds from the General Fund Reserve for Contingencies to CIP#100204 "Historic Kempsville" 5. Ordinance to ESTABLISH Capital Project #100692, "Virginia Beach Boulevard and Independence Boulevard Pedestrian Crossings"and ACCEPT and APPROPRIATE$3,023,734 from the Virginia Department of Transportation (VDOT)re roadway safety 6. Ordinance to ACCEPT and APPROPRIATE$161,553 from the Virginia Department of Health, Office of Emergency Medical Services to the FY2024-25 Emergency Medical Services Operating Budget and AUTHORIZE a local match of$161,553 re implementation of the EMS Pharmacy Program 7. Ordinance to TRANSFER $21.8-Million from Capital Project #100058 "Centerville Turnpike Phase III" to Capital Project #100381 "Shore Drive Corridor Improvements Phase 111"; $4.2- Million from Capital Project #100058, "Centerville Turnpike Phase III" and $1,729,564 from Capital Project #100518 "Royal Palm Arch Water System Rehabilitation" to Capital Project 100387 "Shore Drive Water Line Improvements Phase III"; and ACCEPT and APPROPRIATE $2,051,586 in reimbursement revenue from Hampton Roads Sanitation District to Capital Project #100448 "Various HRSD Coordination" February 4, 2025 14 AGENDA REVIEW SESSION ITEM#76611 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. PRINCESS ANNE WITCHDUCKASSOCIATES I LCfor a Subdivision Variance Section 4.4(b) of the Subdivision Regulations re lot width at 5160 Princess Anne Road DISTRICT 3 2. CHASE A. EISENBERG& VICTORIA R.EISENBERG for a Subdivision Variance(4.4.(b) of the Subdivision Regulations re lot width for the property located directly South of 1984 & 1992 Gum Bridge Road DISTRICT 2 3. MICHAEL RAY KAYLOR & VIRGINIA ROXANNE KAYLOR, TRUSTEES UNDER THE KAYLOR FAMILY TRUST (DATED MAY 25, 2018)for a Street Closure re on-half of an unimproved, unnamed alley, adjacent to the rear of 630 Surfside Avenue DISTRICT 5 4. BORN PRIMITIVE, LLC/MODERN SAVAGE INVESTMENTS, LLC,for a Modification of Proffers to a Conditional Change of Zoning re amend the previously approved conceptual site plan,building elevations,and renderings for the property located at 1469, 1477, & 1489 Virginia Beach Boulevard,parcel directly East of 1469 Virginia Beach Boulevard, and parcel directly West of 1425 Virginia Beach Boulevard DISTRICT 6 5. COMMONWEALTH BREWING COMPANY, LLC, for a Modification of Conditions to a Conditional Use Permit re craft brewery at 2440& 2444 Pleasure House Road DISTRICT 9 6. DANIEL RYAN WILDER& TOP NOTCH CYCLES,LLC,for a Conditional Use Permit re auto repair garage at 2608 Horse Pasture Road, Suite 104 DISTRICT 5 7. SHINE PRO/TIMBERLAKE SHOPPING CENTER ASSOCIATES LLC,for a Conditional Use Permit re car wash facility at 4329 Holland Road, Suite 772 District 10 8. GREEN CLEANHOLLAND,LLC/ALP&ALEXASLANfor a Conditional Use Permit re car wash facility at 4245 Holland Road DISTRICT 10(Deferred from January 21, 2025) 9. JEFF HAMILTON for a Conditional Use Permit re short term rental at 933 Pacific Avenue, Unit A District 5 10. VICTORIA WALSH for a Conditional Use Permit re short term rental at 917 Pacific Avenue, Unit A DISTRICT 5 11. OREN ROBBINS/OREN ROBBINS & CAMILLE BRITT ROBBINS for a Conditional Use Permit re short term rental at 613 22"d Street DISTRICT 6 February 4, 2025 15 AGENDA REVIEW SESSION ITEM#76611 (Continued) 12. OVJ PROPERTY RESOURCES, INC., /OWEN JOHNSON for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 219 DISTRICT 6 K PLANNING: COUNCIL MEMBER REMICK FILED A DISCLOSURE FOR ITEM#1 ITEM#8 WILL BE CONSIDERED SEPARATELY ITEM#10 WILL BE CONSIDERED FOR DEFERRAL TO MARCH 4, 2025 February 4, 2025 16 ITEM#76612 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: LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3 711(A)(7). • Richard "RK"Kowalewitch v. City of Virginia Beach(Requested by City Attorney) • Linwood Branch, et al. v. City of Virginia Beach (Requested by City Attorney) • Latasha Holloway v. City of Virginia Beach (Requested by City Attorney) SECURITY MATTERS:Discussion of reports or plans related to the security of any governmental facility,building or structure,or the safety ofpersons using such facility, building or structure pursuant to Section 2.2-3711(A)(19). • Building 1 Security(Requested by City Manager) CYBER SECURITY MATTERS:Discussion of plans to protect public safety as it relates to terrorist activity or specific security threats or vulnerabilities and briefings by staff members, legal counsel, or law enforcement or emergency service officials concerning actions taken to respond to such matters or a related threat to public safety; discussion of information excluded from this chapter pursuant to subdivision 3 or 4 of Section 2.2-3705.2, where discussion in an open meeting would jeopardize the safety of any person or the security of any facility, building, structure, information technology system, or software program. • Cyber Security Training(Requested by City Manager) PUBLICLY-HELD PROPERTY:Discussion or consideration of the acquisition of real property for public purpose;or of the disposition ofpublicly-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- 3 711(A)(3). • District 2(Requested by City Manager) • District 6(Requested by City Manager) February 4, 2025 17 ITEM#76612 (Continued) 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 body pursuant to Section 2.2-3 711(A)(29) • Project Football(Requested by City Manager) PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body pursuant to Section 2.2- 3 711(A)(1). • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees (Requested by City Council) February 4, 2025 18 ITEM#76612 (Continued) Upon motion by Council Member Berlucchi, seconded by Council Member Schulman, City Council voted to proceed into CLOSED SESSION at 3:00 P.M. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None Break 3:00 P.M. — 3:15 P.M. Closed Session 3:15 P.M. — 5:53 P.M. February 4, 2025 19 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL FEBRUARY4,2025 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, February 4, 2025, at 6:00 P.M. Council Members Present: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None INVOCATION: Mayor Dyer MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34`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 orpotential 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. February 4, 2025 20 Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC, ("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters in which he is not personally involved and has no personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he participates in a matter before the City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is Council Member Remick's practice to thoroughly review the agenda for each meeting of the City Council to identify any matters in which he might have an actual or potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he has a 'personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council. February 4, 2025 21 VILF CERTIFICATION ITEM#76613 Upon motion Council Member Ross-Hammond, seconded by Council Member Remick, 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, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None Council Member Schulman stepped out during the Project Football discussion due to a potential conflict of interest(5:30—5:53 P.M.) February 4, 2025 G�NIA•BC J14 b•�,p U o a= OF OUR M'S1�M RESOL UTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#76612 on Page 18 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. Amh,AJ,a Arn MC City Clerk February 4, 2025 22 ITEM— VII.G.I MINUTES ITEM#76614 Upon motion by Council Member Schulman, seconded by Council Member Berlucchi, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of January 21,2025 Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Abstaining: Jennifer Rouse Rosemary Wilson Council Members Absent: None February 4, 2025 23 ITEM— VII.HI MAYOR'S PRESENTATION ITEM#76615 RESOLUTION JESSICA GUGLIELMO Council Member Remick welcomed Ms. Guglielmo and congratulated her on her 30 years of service to the Virginia Beach Community Development Corporation (VBCDC). Council Member Remick advised City Council created VBCDC was created as a non-profit 501c3 in 1985. Ms. Guglielmo is the VBCDC's third director who has worked closely with the Department of Neighborhood Housing and Preservation and managed 500 affordable housing units while working on two (2) new projects that will provide 100 additional units. On behalf of City Council, Council Member Berlucchi read the Resolution commending Ms. Guglielmo for her outstanding service and leadership in affordable housing and community development, and for her unwavering commitment to improving the lives of vulnerable individuals and families in the City of Virginia Beach and beyond. Ms. Guglielmo expressed her appreciation to City Council and is honored to receive this recognition. Ms. Guglielmo expressed her appreciation for the leadership and support the VBCDC team has given her as well as her family for their understanding during times when balancing family and work was challenging. Ms. Guglielmo advised she is excited to see what the future holds for the City, VBCDC and joint initiatives and will be championing those efforts. February 4, 2025 G�NI''BFA J�4- cy U 6s tr op OUR 141,110,f`t RESOLUTION WHEREAS.Jessica Guglielmo has dedicated over 30 years of service to the Virginia Beach Community Development Corporation(VBCDC),beginning in July 1994,with an unwavering commitment to improving the lives of low-and moderate- income households in the City of Virginia Beach through sustainable housing programs and financial empowerment solutions;anc, WHEREAS:Jessica has demonstrated exceptional leadership throughout her career with the Virginia Beach Community Development Corporation,serving in a variety of roles,including:Chief Executive Office,Interim President and CEO, Vice President and Chief Operating Officer,Chief of Operations,and Housing Rehab/Construction Specialist;and WHEREAS:During her tenure,Jessica oversaw the management of an annual operating budget of$9.5 million and a$55 million property portfolio,making significant contributions to the development,construction,and financing of multifamily low-income housing tax credit(LIHTC)developments valued between$6.5 million and$10.7 million,benefiting vulnerable populations, including homeless and disabled veterans;and WHEREAS.Jessica's leadership has been integral in the design and implementation of innovative Homeless Prevention and Rapid Rehousing programs,addressing housing insecurity by utilizing evidence-based strategies and client-centered approaches, and serving as a catalyst for transformative change in the housing sector;and WHEREAS.She has been a tireless advocate for those most in need,including homeless veterans,families,children,and individuals with disabilities,creating safe and supportive housing solutions to provide stability and hope for those who had nowhere else to turn;and WHEREAS:As a mentor to VBCDC staff,Jessica has demonstrated a commitment to the growth and development of others, empowering individuals to become compassionate leaders and advocates for social change,fostering a culture of collaboration and excellence;and WHEREAS.Jessica has also been an active and engaged volunteer leader,serving in various roles including Chair of the City of Virginia Beach Housing Advisory Board,President of the Ocean Trace Condominium Association,and Director on multiple boards,while always demonstrating her passion for her community and its residents;and WHEREAS.Through her visionary work,Jessica has transformed countless lives,helping individuals break the cycle ofpoverty through first-time homebuyer programs,providing the tools and knowledge needed for financial success,and creating lasting pathways to homeownership and wealth for low-income persons;and WHEREAS:Jessica's leadership has shaped the landscape of affordable housing,from program design and execution to advocacy and policy,and her work continues to inspire future generations of leaders and create lasting,positive change in the lives of countless families;and NOW,THEREFORE,BE IT RESOL VED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA:That the Virginia Beach City Council formally recognizes and commends Jessica Guglielmo for her outstanding service and leadership in affordable housing and community development,and for her unwavering commitment to improving the lives of vulnerable individuals and families in the City of Virginia Beach and beyond;and BE IT FURTHER RESOLVED,That we extend our heartfelt congratulations to Jessica on her exceptional accomplishments and express our deepest gratitude for her enduring contributions to the community. Given by the Council of the City of Virginia Beach, Virginia the 4'day of February 2025 andpresent this Resolution duly signed b each Member of the Vtr a B City Council. ncil Member Michael F.Berlucchi C ci ember Sta0y Cu min s ouncilr4ember Barbara�Henle C�- -Aj -- M rDavid Hutcheson Council Member . ..C, s "Jackson-Green Council Member Robert W. Worth Remick r Council Member Dr.Amelia Ross-Hammond nci ember Jennifer V.Rouse!/ ncil Member Joa a F.Schulman 4 Vice Mayor RaseMvWilson� Mayor Roboft M. "'Bobby"her 24 ITEM— VII.I FORMAL SESSION AGENDA ITEM#76616 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given a total of six(6)minutes to speak on all items. Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED,BY CONSENT,Agenda Items Ordinances J. 1,2, 3, 4, 5, 6 and 7 and Planning Items K. 1,2,3, 4, 5, 6, 7, 9, 10(DEFERRED TO MARCH 4,2025), 11 and 12 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None K.PLANNING: COUNCIL MEMBER REMICK FILED A DISCLOSURE LETTER FOR ITEM#1 ITEM#8 WILL BE CONSIDERED SEPARATELY February 4, 2025 25 ITEM— VII.J.1 ORDINANCES ITEM#76617 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED,BY CONSENT, Ordinance to AMEND the City Code Section 2-90 re restriction on certain political activities by City Employees Voting: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None February 4, 2025 1 AN ORDINANCE TO AMEND CITY CODE SECTION 2-90 2 PROVIDING RESTRICTIONS ON CERTAIN POLITICAL 3 ACTIVITIES BY CITY EMPLOYEES 4 5 Section Amended: 2-90 6 7 WHEREAS, there is a need to align the text of the City Code with Virginia Code § 8 15.2-1512.2; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 11 OF VIRGINIA BEACH, VIRGINIA, THAT: 12 13 Section 2-90 of the City Code is hereby amended and reordained to read as 14 follows: 15 16 Sec. 2-90. Restrictions on certain political activities by city employees. 17 18 (a) Definitions: 19 20 "Political campaign" means activities engaged in for the purpose of promoting a political 21 issue, for influencing the outcome of an election for local or state office, or for influencing 22 the outcome of a referendum or special election. 23 24 "Political candidate" means any person who has made known his or her intention to seek, 25 or campaign for, local or state office in a general, primary, or special election. 26 27 "Political party" means any party, organization, or group having as its purpose the 28 promotion of political candidates or political campaigns. 29 30 (b) For purposes of this section, the term "political activities" includes, but is not limited 31 to, voting, registering to vote; soliciting votes or endorsements on behalf of a political 32 candidate or political campaign; expressing opinions, privately or publicly, on political 33 subjects and candidates; displaying a political picture, sign, sticker, badge, or button; 34 participating in the activities of, or contributing financially to, a political party, candidate, 35 or campaign or an organization that supports a political candidate or campaign; attending 36 or participating in a political convention, caucus, rally, or other political gathering; 37 initiating, circulating, or signing a political petition; engaging in fund-raising activities for 38 any political party, candidate, or campaign; acting as a recorder, watcher, challenger, or 39 similar officer at the polls on behalf of a political party, candidate, or campaign; or 40 becoming a political candidate. 41 42 (a4 (c) The provisions of this section shall apply to all members of the merit service of the 43 city (as defined by chapter 2, article III, division 1, section 2-76 of the Code of the City of 44 Virginia Beach), the city manager and all department heads and employees appointed by 45 him, officers appointed by the city council, and all staff assistants in those departments 46 (including the city clerk, city attorney, real estate assessor, and city auditor, but excluding 47 members of boards and commissions). 48 49 (b-) The restrictions of this section are designed to protect every employee's right to 50 vote and to keep this right free from interference, solicitation or dictation by any fellow 51 employee, supervisor, official, or candidate. Every employee is encouraged to exercise 52 his or her right to vote and cast his or her ballot in every appropriate election and shall be 53 free to express his or her opinion as to candidates or issues at any time except during 54 working hours, on premises of their employment, or when officially representing the City 55 of Virginia Beach. 56 57 (G) No PeFSOR te whom this SeGtiGR applies shall use the status er prestige of his or 58 . 59 60 (e) No person to whom this section applies may use their official authority to coerce 61 or attempt to coerce a subordinate employee to pay, lend, or contribute anything of value 62 to a political party, candidate, or campaign, or to discriminate against any employee or 63 applicant for employment because of that person's political affiliations or political 64 activities, except as such affiliation or activity may be established by law as 65 disqualification for employment. 66 67 (f) No person to whom this section applies may discriminate in the provision of public 68 services, including but not limited to firefighting, emergency medical, and law- 69 enforcement services, or responding to requests for such services, on the basis of the 70 political affiliations or political activities of the person or organization for which such 71 services are provided or requested. 72 73 (g) No person to whom this section applies may suggest or imply that a locality, 74 including the City of Virginia Beach, has officially endorsed a political party, candidate, or 75 campaign. 76 77 (4)(h) No person to whom this section applies shall use any city funds, city time, supplies, 78 or equipment for political purposes, nor shall any such person wear his or her city uniform 79 while participating in any manner in political activities. 80 81 (e) (i) The provisions of this section shall be enforced in concert with applicable city and 82 departmental policies and procedures. 83 84 (f) W Violation of this section shall constitute a cause for dismissal from employment. Adopted by the Council of the City of Virginia Beach, Virginia on the 4th _ day of February, 2025 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: rw rlN --- 1; o)ey s O iceityM is ffcea rn CA16779 R-1 December 19, 2024 26 ITEM— VILJ.2 ORDINANCES ITEM#76618 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Use Agreement with the Virginia Beach Department of Public Health re temporary use of City-Owned property at 2425 George Mason Drive Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None February 4, 2025 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A USE AGREEMENT 3 FOR TEMPORARY USE OF CITY-OWNED 4 PROPERTY LOCATED AT 2425 GEORGE 5 MASON DRIVE BY THE VIRGINIA BEACH 6 DEPARTMENT OF PUBLIC HEALTH 7 8 WHEREAS, The City of Virginia Beach (the "City") owns an office building located 9 at 2425 George Mason Drive (GPIN: 1494-71-8742) (the "Property"); 10 11 WHEREAS, the Virginia Beach Department of Public Health (the "VBDPH") has 12 asked the City to temporarily use a portion of the Property to provide interim space 13 needed for its Community Development Office (the "CDO"); 14 15 WHEREAS, the VBDPH desires to enter into a formal use agreement with the City 16 for the use of approximately 8,733 square feet of office space at the Property (the "Use 17 Agreement'); 18 19 WHEREAS, the Use Agreement would be for a term of one year, with 2 additional 20 six-month options to extend; and 21 22 WHEREAS, the terms and conditions of the Use Agreement are more specifically 23 set forth in the Summary of Terms, attached hereto as Exhibit A and made a part hereof. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the City Manager, or his designee, is hereby authorized to execute a use 29 agreement with the Virginia Beach Department of Public Health for the use of office space 30 at the City-owned property located at 2425 George Mason Drive, so long as the terms 31 and conditions are in accordance with the Summary of Terms, attached hereto as Exhibit 32 A_, and made a part hereof, and such other terms, conditions or modifications as may be 33 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4-t h day of 36 February , 2025. 37 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: P blic Works / ea Estate ; ity Attor�y CA16703 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d017\p050\01020143.docx R-1 January 24, 2025 EXHIBIT A SUMMARY OF TERMS CITY: City of Virginia Beach (the "City") USER: Virginia Beach Department of Public Health (the "VBDPH") OFFICE SPACE: Approx. 8,733 Sq. Ft. of office space located at 2425 George Mason Drive (GPIN: 1494-71-8742) TERM: February 5, 2025 — February 4, 2026 ("Initial Term"); 2 additional six- month renewal options (each a "Renewal Term"). USE FEE: $1.00 for the Initial Term; $1.00 for each Renewal Term TERMS OF USE BY USER: • The Office Space shall be used for temporary office space that includes accommodation for daily office use, temporary maintenance of confidential client records, educational training for staff and volunteers, and limited client meetings with staff. • User shall be responsible for providing its own phone, internet, and other telecommunications services, without making physical changes to the Office Space. • User shall be responsible for providing any furniture or other furnishings it needs. • User shall maintain the Office Space in good repair. • Use of the Office Space shall be non-exclusive, subject to availability, and subject to relocation within the building by the City. • User shall maintain comprehensive general liability insurance or equivalent self- insurance with a total liability limit of no less than $2,000,000 per occurrence, naming the City as additional insured. • Comply with all federal, state and local statutes, ordinances and regulations. CITY REPRESENTATIONS: • City will supply sewer, water, electricity, and heating and air conditioning to the Office Space, and minimal janitorial service to the common areas of the property. • The Office Space is made available without warranties or representations as to the suitability, condition, or safety for the User's intended use, including compliance with any requirements of the Americans with Disabilities Act of 1990, as amended. • City will, in its sole discretion, make repairs or replacements it deems necessary to maintain the structural integrity of the building. TERMINATION: • Both parties have the right at any time to terminate this Agreement for any reason upon not less than fourteen (14) calendar days' written notice to the other party. • City has the right to immediately enter the Office Space in an emergency, with or without notice to User. 27 ITEM— VII.J.3 ORDINANCES ITEM#76619 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with the School Board and APPROPRIATE miscellaneous revenue re use of school buses during the National High School Coaches Association Senior Nationals Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None February 4, 2025 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT WITH 3 THE VIRGINIA BEACH SCHOOL BOARD AND TO 4 APPROPRIATE MISCELLANEOUS REVENUE 5 6 WHEREAS, the safe and efficient movement of people is a public purpose; and 7 8 WHEREAS, Virginia law allows a local governing body to enter into an agreement 9 with the local school board to use school buses; and 10 11 WHEREAS, the National High School Coaches Association has committed to 12 reimburse the City for the actual costs of the use of school buses to transport attendees 13 of the National High School Coaches Association Senior Nationals (the "Event"); 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 16 VIRGINIA, THAT: 17 18 1 . The City Council hereby authorizes the City Manager or designee to execute 19 an agreement with the Virginia Beach School Board consistent with the 20 requirements set forth in § 22.1-82 of the Code of Virginia and Policy 7-52 of 21 the School Board for the use of school buses during the National High School 22 Coaches Association Senior Nationals, provided the agreement is approved for 23 legal sufficiency by the City Attorney. 24 25 2. $6,000 in estimated reimbursement from the National High School Coaches 26 Association is hereby appropriated, with miscellaneous revenue increased 27 accordingly, for the costs associated with the agreement for the use of school 28 buses, provided the City Manager or designee is directed to reduce this 29 appropriation and the estimated revenue to the amount of the total costs of the 30 agreement authorized in #1, supra, when the amounts are known and the work 31 completed. 32 33 3. As a requirement of the City entering into the agreement with the Virginia Beach 34 School Board, the promoter of the Event shall provide the City with proof of 35 liability insurance, self-insurance, or other indemnity satisfactory to the City's 36 Risk Manager for full liability coverage of the City at no cost to the City. Adopted by the Council of the City of Virginia Beach, Virginia on the 4 th day of February , 2025. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: V A. " 64 AA- Conventioh and Visitors Bureau <rndys Office CA1 6796/R-1/January 7, 2025 28 ITEM— VII.J.4 ORDINANCES ITEM#76620 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of 5136 Fletchers Arch from Josue A. Miranda and TRANSFER $334,000 from CIP#100399 "Strategic Development Projects", $10,000 from CIP#100577"Strategic Site Acquisition", and$53,981 as Pay As-You Go funds from the General Fund Reserve for Contingencies to CIP#100204 "Historic Kempsville" Voting: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None February 4, 2025 1 AN ORDINANCE AUTHORIZING THE 1) ACQUISITION OF 5136 2 FLETCHERS ARCH FROM JOSUE A. MIRANDA AND 2)TRANSFER 3 OF FUNDS TO CIP #100204 (HISTORIC KEMPSVILLE) 4 5 WHEREAS, the City of Virginia Beach (the "City") has acquired multiple parcels of 6 land totaling approximately 10 acres located in the in Historic Kempsville area; 7 s WHEREAS, the assemblage of property provides the opportunity for future 9 development, redevelopment and public uses to help create a walkable village setting by 10 integrating institutional uses, open spaces and mixed-uses,with design features to highlight 11 the natural setting and historic character of the community as contemplated by the Historic 12 Kempsville Area Master Plan; 13 14 WHEREAS, Josue A. Miranda owns property located at 5136 Fletchers Arch (the 15 "Miranda Parcel"), which is contiguous to and surrounded by the City-owned parcels; 16 17 WHEREAS, as directed by City Council, staff has negotiated the purchase of the 18 Miranda Parcel for the sale price of$500,000, and other terms and conditions as set forth 19 on the Summary of Terms, attached hereto as Exhibit A; 20 21 WHEREAS, in addition to the purchase price, the funding request would fund the 22 environmental studies, closing costs and site cleanup; and 23 24 WHEREAS, a portion of the funding for the acquisition is available in Capital Project 25 #100204 (Historic Kempsville), with the remaining needed funding available in Capital 26 Project #100577 (Strategic Site Acquisitions), Capital Project #100399 (Strategic 27 Development Projects) and the General Fund Reserve for contingencies. 28 29 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA, THAT: 31 32 1. $334,000 is hereby transferred from Capital Project #100399 "Strategic 33 Development Projects" to Capital Project #100204 "Historic Kempsville"; 34 35 2. $10,000 is hereby transferred from Capital Project #100577 "Strategic Site 36 Acquisition" to Capital Project#100204 "Historic Kempsville"; 37 38 3. $53,981 is hereby transferred as pay-as-you-go funding from the General 39 Fund Reserve for contingencies to the FY 2024-25 Capital Improvement Program to Capital 40 Project #100204 "Historic Kempsville"; 41 42 4. City Council authorizes the acquisition of the Miranda Parcel located at 5136 43 Fletchers Arch, by purchase pursuant to § 15.2-1800 of the Code of Virginia (1950), as 44 amended; and 45 46 5. The City Manager or his designee is further authorized to execute all 47 documents that may be necessary or appropriate in connection with the acquisition of the 48 Miranda Parcel, in accordance with the Summary of Terms attached hereto as Exhibit A 49 and made a part hereof, and such other terms, conditions and modifications as may be 48 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 51 Of February , 2025. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: b bjj udge and Management Services u blit Works/ eal Estate APPROVED AS TO LEGAL SUFFICIENCY: City Attorney CA16704 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpd ocs\d023\p048\01020654.doc R-1 January 24, 2025 EXHIBIT A SUMMARY OF TERMS SELLER: Josue A. Miranda BUYER: City of Virginia Beach PROPERTY: 5136 Fletchers Arch / GPIN: 1466-78-8972 ZONING: B-2 (HK) — Historic Kempsville SIZE: 13,123+/- sq. ft. (0.30 acres) CONSIDERATION: $500,000 SOURCE OF FUNDS: Historic Kempsville (CIP 100204) ADDITIONAL TERMS: • Acquisition is expressly conditioned upon executing an Agreement of Sale with the City and the satisfaction of all contingencies stated in such agreement (i.e. marketable title and appropriation of funds). • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City. • City shall have a 60-day study period from full execution of the Agreement of Sale to evaluate the Property ("Due Diligence Period"). • Environmental Study (Phase 1) being performed during the Due Diligence Period. • The Agreement may be terminated prior to the end of the Due Diligence Period upon written notice to the Seller. • Settlement will be on or about 90 days from full execution of the Agreement of Sale, or as soon thereafter as is practicable. • $5,000 to be held from Seller's proceeds pending satisfactory walk-through. • Seller shall pay its own attorney's fees, costs and brokerage fee, if any. • City shall bear the costs of obtaining a title report, acquisition plat and preparation of closing documents. 29 ITEM— 1/II.J.5 ORDINANCES ITEM#76621 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to ESTABLISH Capital Project #100692, "Virginia Beach Boulevard and Independence Boulevard Pedestrian Crossings" and ACCEPT and APPROPRIATE $3,023,734 from the Virginia Department of Transportation (V007)re roadway safety Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None February 4, 2025 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT 2 #100692, "VIRGINIA BEACH BOULEVARD AND 3 INDEPENDENCE BOULEVARD PEDESTRIAN 4 CROSSINGS," AND TO ACCEPT AND APPROPRIATE 5 FUNDING FROM THE VIRGINIA DEPARTMENT OF 6 TRANSPORTATION 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1) Capital Project #100692 "Virginia Beach Boulevard and Independence Boulevard 12 Pedestrian Crossings" is hereby established as set forth in the attached capital 13 project detail sheet. 14 15 2) $3,023,734 is hereby accepted from the Virginia Department of Transportation 16 Highway Safety Improvement Program and appropriated, with revenue increased 17 accordingly, to Capital Project #100692. 18 19 3) The City Manager is hereby authorized to execute any Virginia Department of 20 Transportation project development agreement(s) for Capital Project #100692. Adopted by the Council of the City of Virginia Beach, Virginia on the 4 th day Of February 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services 'City torney's Office CA16801 R-1 January 23, 2025 30 ITEM— 1/71 J.6 ORDINANCES ITEM#76622 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $161,553 from the Virginia Department of Health, Office of Emergency Medical Services to the FY2024-25 Emergency Medical Services Operating Budget and AUTHORIZE a local match of$161,553 re implementation of the EMS Pharmacy Program Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None February 4, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM THE RESCUE SQUAD ASSISTANCE FUND 3 GRANT AND TO AUTHORIZE A LOCAL GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $161 ,553 is hereby accepted from the Virginia Department of Health, Office of 9 Emergency Medical Services, and appropriated, with revenue increased 10 accordingly, to the FY 2024-25 Operating Budget of the Department of 11 Emergency Medical Services for the implementation of the EMS Pharmacy 12 Program. 13 14 2) A local match of$161,553 is hereby authorized to be made within the FY 2024- 15 25 Operating Budget of the Department of Emergency Medical Services. Adopted by the Council of the City of Virginia Beach, Virginia on the 4 t h day Of February , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City o e ffice CA16800 R-1 January 23, 2025 31 ITEM— VU J.7 ORDINANCES ITEM#76623 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $21.8-Million from Capital Project #100058 "Centerville Turnpike Phase III'to Capital Project#100381 "Shore Drive Corridor Improvements Phase III"; $4.2-Million from Capital Project#100058, "Centerville Turnpike Phase III"and$1,729,564 from Capital Project #100518 "Royal Palm Arch Water System Rehabilitation" to Capital Project 100387 "Shore Drive Water Line Improvements Phase III"; and ACCEPT and APPROPRIATE $2,051,586 in reimbursement revenue from Hampton Roads Sanitation District to Capital Project #100448 "Various HRSD Coordination" Voting: 11 -0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None February 4, 2025 1 AN ORDINANCE TO TRANSFER $27,729,564 FROM 2 CAPITAL PROJECT #100058, "CENTERVILLE 3 TURNPIKE PHASE III," AND CAPITAL PROJECT 4 #100518 "ROYAL PALM ARCH WATER SYSTEM 5 REHABILITATION" TO CAPITAL PROJECTS #100381, 6 "SHORE DRIVE CORRIDOR IMPROVEMENTS PHASE 7 III," AND #100387, "SHORE DRIVE WATER LINE 8 IMPROVEMENTS PHASE III" AND TO APPROPRIATE 9 $2,051,586 IN REIMBURSEMENT REVENUE TO 10 CAPITAL PROJECT #100448 "VARIOUS HRSD 11 COORDINATION" 12 13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA, THAT: 15 16 1. $21,800,000 is hereby transferred from Capital Project #100058, "Centerville 17 Turnpike Phase III," to Capital Project #100381, "Shore Drive Corridor 18 Improvements Phase III." 19 20 2. $4,200,000 is hereby transferred from Capital Project #100058, "Centerville 21 Turnpike Phase III," to Capital Project #100387, "Shore Drive Water Line 22 Improvements Phase III." 23 24 3. $1,729,564 is hereby transferred from Capital Project #100518 "Royal Palm 25 Arch Water System Rehabilitation" to Capital Project #100387, "Shore Drive 26 Water Line Improvements Phase III." 27 28 4. $2,051 ,586 is hereby accepted from Hampton Roads Sanitation District and 29 appropriated, with revenue increased accordingly, to Capital Project #100448 30 "Various HRSD Coordination." Requires an affirmative vote by a majority of all of the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day Of February 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services orney Office `_ CA16802 R-2 January 30, 2025 32 ITEM— VII.K.1 PLANNING ITEMS ITEM#76624 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of PRINCESS ANNE WITCHDUCK ASSOCIATES 1 LC for a Subdivision Variance Section 4.4(b) of the Subdivision Regulations re lot width at 5160 Princess Anne Road DISTRICT 3 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PRINCESS ANNE WITCHDUCK ASSOCIATES 1 LC for a Subdivision Variance Section 4.4(b) of the Subdivision Regulations re lot width at 5160 Princess Anne Road (GPIN 1466783953)DISTRICT 3 The following conditions shall be required: L When subdivided, the property shall be developed as shown on the submitted exhibit entitled"RETAIL AT KEMPS LANDING PREPARED FOR ROBINSONDEVELOPAMNT GROUP - VARlANCE EXHIBIT D" dated October 31, 2024, and prepared by Kimley Horn, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. All future development of these lots must occur outside the limits of the public easements present and must comply with the Architectural Design Guidelines of the Historic Kempsville Area Master Plan. 3. A cross-access easementfor the new lot, containingproposed Building C,must be recorded with the Clerk of Circuit Court prior to plat approval. 4. Each lot must connect to City water and sewer. 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 4`h day of February Two Thousand Twenty Five. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None February 4, 2025 �. City of Virginia Beach U r, S e 9,IS eE- Op OUR NNV10� ROBERT W."WORTH"REMICK CELL:(757)840-5855 COUNCIL MEMBER EMAIL:WRemick(dvbgov.com DISTRICT 6 File No. 0093144 February 4, 2025 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the application of Princess Anne/ Witchduck Associates 1, LC for a subdivision variance for property located at 5160 Princess Anne Road. 2. The applicant provided the Articles of Incorporation for Princess Anne/Witchduck Associates 1, LC, which state that the Robinson Development Group is the organizer of the limited liability company. Robinson Development Group is a client of Colliers International Virginia, LLC ("Colliers"). 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. 3. I do not personally provide services to the client, and the City Attorney's Office has advised me that the Act provides that I may participate in the City Council's consideration of this application. 4. 1 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- February 4,2025 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. Sincer ly, T Ilk Worth Remick Councilmember RWR/RRI q ,i B2�B2 A-1X2 ❑ /B4%/ A18 A1�2 A�1,8 P° R7 0 10 o B2 B2 B4�J, �o a oB4g/I/ // // KB4K ❑ B2 / � Si. B4K ° Br2 w\ �y B4 R5D O R�C�B► 4❑'KB B4'K4K B � . B4KBB-- 02 K R 0 ) 5D R7.5 2 R ' B1,0 4 O2 4K, B2�B2 0 B2 B4K O B2 B4K 0❑ Oil R 10 � R 10� �_ �i Princess �R1-0 ---- Anne Road B4K� �B4K B4K --- - C t ; � - B4 � _ _ _� � B4K R7.5 B4K B4K o / P1 Al2 4KF R 10 R .5, Pi B4.K R 10 71 Site Princess Anne Witchduck Associates 1 LC W Property Polygons 5160 Princess Anne Road S Zoning Building mmmmE==Feet 0 55110 220 330 440 550 660 33 ITEM— VII.K.2 PLANNING ITEMS ITEM#76625 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of CHASE A. EISENBERG & VICTORIA R. EISENBERG for a Subdivision Variance (4.4.(b) of the Subdivision Regulations re lot width for the property located directly South of 1984& 1992 Gum Bridge Road DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CHASE A. EISENBERG& VICTORIA R. EISENBERG for a Subdivision Variance (4.4.(b) of the Subdivision Regulations re lot width for the property located directly South of 1984 & 1992 Gum Bridge Road(GPIN 2411058963)DISTRICT 2 The following conditions shall be required: 1. When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "SUBDIVISION VARLINCE EXHIBIT FOR PROPOSED RESUBDIVISION OF LOT 10, PARTITION OF PROPERTY OF J.T. TATEM ESTATE, ET AL"dated October 28,2024, and prepared by WPL,a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. Approval for private well and septic facilities must be granted by the Virginia Beach Health Department prior to obtaining a building permit. 3. When developed the architectural design of any new dwelling shall reflect the recommendations found in the Rural Area Design Guidelines under Section 1.5 of the Comprehensive Plan. 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 4`h day of February Two Thousand Twenty Five. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None February 4, 2025 0 Q � o f,� o AG2 AG2 0 � � O AG2 °AG2 0� o 0 o AG1 AG1 a� N ® site Chase A. & Victoria R. Eisenberg W*F Property Polygons Parcel directly south of S Zoning 1984 & 1992 Gum Bridge Road Building Feet 0 50100 200 300 400 500 600 34 ITEM— VII K 3 PLANNING ITEMS ITEM#76626 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of MICHAEL RAY KAYLOR & VIRGINL4 ROXANNE KAYLOR, TRUSTEES UNDER THE KAYLOR FAMILY TRUST (DATED MAY 25,2018)fora Street Closure re on-half of an unimproved, unnamed alley, adjacent to the rear of 630 Surfside Avenue DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MICHAEL RAY KAYLOR & VIRGINL4 ROXANNE KAYLOR, TRUSTEES UNDER THE KAYLOR FAMILY TRUST(DATED MAY 25, 2018)for a Street Closure re on-half of an unimproved, unnamed alley, adjacent to the rear of 630 Surfside Avenue DISTRICT 5 The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. It has been determined that the purchase price to the City shall be$3,000, which is consistent with similar street closures in the area. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley, subject to approval of the Department of Public Works and the City Attorney's Office, and which easement shall include a reasonable right of ingress and egress. 3. The Applicant shall verify that no private utilities exist within the Right-of-Way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one(1)year of the City Council vote to close the Right-of-Way this approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. February 4, 2025 35 ITEM— VUX 3 PLANNING ITEMS ITEM#76626 (Continued) Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4" day of February Two Thousand Twenty Five. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman and Rosemary Wilson Council Members Absent: None February 4, 2025 1 ORDINANCE APPROVING APPLICATION OF 2 MICHAEL RAY KAYLOR AND VIRGINIA 3 ROXANNE KAYLOR, TRUSTEES UNDER THE 4 KAYLOR FAMILY TRUST DATED MAY 25, 2018, 5 FOR THE CLOSURE OF ONE-HALF OF AN 6 UNIMPROVED, UNNAMED ALLEY ADJACENT 7 TO THE REAR OF 630 SURFSIDE AVENUE 8 9 WHEREAS, Michael Ray Kaylor and Virginia Roxanne Kaylor, Trustees Under 10 the Kaylor Family Trust dated May 25, 2018 (the "Applicant"), applied to the Council of 11 the City of Virginia Beach, Virginia, to have the hereinafter described portion of an 12 unimproved, unnamed right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance. 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION 1 22 23 That the hereinafter described portion of unimproved, unnamed right-of-way (the 24 "Right-of-Way") be discontinued, closed and vacated, subject to certain conditions being 25 met on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as 7.5' PORTION OF 15' ALLEY (375 SQ. FT., 30 0.009 AC.) PROPOSED FOR CLOSURE", and shown as the 31 cross-hatched area on that certain street closure exhibit 32 entitled: "STREET CLOSURE EXHIBIT OF THE WESTERN 33 7.50' OF A 15 ALLEY (PUBLIC R/W) AND LOT 1, BLOCK 18 34 CROATAN BEACH FORMERLY CHAUTAUQUA BY THE 35 SEA (MB. 1, P. 1B) MB. 24, P. 37 VIRGINIA BEACH, 36 VIRGINIA FOR KAYLOR FAMILY TRUST", Scale: 1" = 20', 37 dated September 13, 2024, prepared by Fox Land Surveying, 38 a copy of which is attached hereto as Exhibit A. 39 40 SECTION II 41 42 The following conditions must be met on or before one (1) year from City 43 Council's adoption of this ordinance: 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2426-38-3571 47 1. The City Attorney's Office will make the final determination regarding 48 ownership of the underlying fee. The purchase price to be paid to the City of Virginia 49 Beach shall be determined according to the "Policy Regarding Purchase of City's 50 Interest in Streets Pursuant to Street Closures," approved by City Council. It has been 51 determined that the purchase price to the City shall be $3,000, which is consistent with 52 similar street closures in this area. 53 54 2. The Applicant shall resubdivide the property and vacate internal lot lines to 55 incorporate the closed area into the adjoining parcel. The resubdivision plat must be 56 submitted and approved for recordation prior to the final street closure approval. Said 57 plat shall include the dedication of a public drainage easement over the closed portion 58 of the alley, subject to approval of the Department of Public Works, and the City 59 Attorney's Office, and which easement shall include a right of reasonable ingress and 60 egress. 61 62 3. The Applicant shall verify that no private utilities exist within the Right-of- 63 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 64 company, must be provided and shall be recorded after the final resubdivision plat is 65 recorded with the Clerk of Circuit Court. 66 67 4. Closure of the Right-of-Way shall be contingent upon compliance with the 68 above stated conditions within 365 days of approval by City Council. If the conditions 69 noted above are not accomplished and the final plat is not approved for recordation 70 within one (1) year of the City Council vote to close the Right-of-Way shall be 71 considered null and void. 72 73 SECTION III 74 75 1. If the preceding conditions are not fulfilled on or before February 3, 2026, 76 this Ordinance will be deemed null and void without further action by the City Council. 77 78 2. If all conditions are met on or before February 3, 2026, the date of final 79 closure is the date the street closure ordinance is recorded by the City Attorney. 80 81 3. In the event the City of Virginia Beach has any interest in the underlying 82 fee, the City Manager or his designee is authorized to execute whatever documents, if 83 any, that may be requested to convey such interest, provided said documents are 84 approved by the City Attorney's Office. 85 SECTION IV 86 87 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 88 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 89 VIRGINIA BEACH (as "Grantor") and MICHAEL RAY KAYLOR AND VIRGINIA 90 ROXANNE KAYLOR, TRUSTEES UNDER THE KAYLOR FAMILY TRUST DATED 91 MAY 25, 2018 ("Grantee"). 92 Adopted by the Council of the City of Virginia Beach, Virginia, on this 4th day 93 of February . 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4&46�2z Planning Department City Attorney CA16583 \\vbgov.com\dfs 1\applicabons\citylaw\cycom 32\wpdocs\d027\p047\00915715.doc R-1 January 17, 2025 F-r- 77 THIS IS TO CERTIFY THAT ON SEPTEMBER 5, 2024, I SURVEYED THE PROPERTY SHOWN ON THIS PUT AND THAT THE PROPERTY LINES OF RECORD AS SHOWN IN M.B. 24, P. 37 AND THE WALLS OF THE BUILDINGS ARE AS SHOWN ON THIS PUT. THE LOT 13A BUILDINGS STAND WITHIN THE SAID PROPERTY LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS ON THE N/F PROPERTY, EXCEPT AS SHOWN. CRAIG M. & V tq KRIS C. KIRBY 'In o 2426-38-4565 $ (INST 20080722000859410) o o (INST 202303034764) o W ALLEY s 12.20 40" E 50.00' � h (M.B. 24, P. 37) y `` FOX LAND SURVEYING, PC SIGNED BY: q�Q'LIR op AVIS M. F X - $ o Lic. o. 2878qK o (V Q d s SURD W > o a $ 2426-.38-3571 o LOT QWJ � N/F ^ N e 2 PATRICK R. & ti o SHARON L. HEATH 2426-38-3515 (INST 202103042938) l5� N 122040" W 50.00' NAB jg83 (1993 HARN)S' Q� SURFS/DE A VE (FORMERLY LAKE AVE) . 50' R/W - FLOOD IFOR IATION: THE PROPERTY SHOWN HEREON APPEARS TO FALL WITHIN FLOOD ZONE(S) X (UNSNAOEDI (AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN) AND X (�1 (AREAS OF 0.2%ANNUAL CHANCE FLDOD;AREAS OF 1%ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN i FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE;AND AREAS PROTECTED BY LEVEES FROM 1%ANNUAL CHANCE FLOOD)AS SHOWN ON F.E.M.A.'S FLOOD INSURANCE RATE MAP (F.I.R.M.) FOR THE CITY OF VIRGINIA BEACH, VIRGINIA, COMMUNITY PANEL NO. 515531 0128 G DATED JANUARY 16, 2015. • FOX LAND SURVEYING, PC IS NOT A PARTY IN DETERMINING THE REQUIREMENTS FOR FLOOD INSURANCE ON THE PROPERTY SHOWN HEREON. THIS SURVEY DOES NOT IMPLY THAT THIS PROPERTY WILL OR WILL NOT BE SUBJECT TO FLOODING. FOR FURTHER INFORMATION, CONTACT THE LOCAL COMMUNITY FLOOD OFFICIAL. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANY/ALL EASEMENTS OR RESTRICTIONS WHICH MAY AFFECT SAID PROPERTY AS SHOWN. THIS PUT DOES NOT INTEND TO REPRESENT A SUBDIVISION OF LAND. LAND SURVEYING SCALE: 1" = 20' STREET CLOSURE EXHIBIT SHEET I OF I SITE DESIGN OF MAPPING THE WESTERN 7.50' OF A 15' ALLEY (PUBLIC R/W) AND LOT 1, BLOCK 18 CROATAN BEACH FORMERLY CHAUTAUQUA BY THE SEA (M.B. 1, P. 1B) . JA M.B. 24, P. 37 zsai RIIHIICK LANEVIRGINIA BEACH, VIRGINIA VIRGINIA BEACN•V 15.1675 KAYLOR FAMILY TRUST (odandounycom 757.813.1675 L—!Llchk: TMF I VMGWIA BEACH, VA I F.H. P. I I3 SEPTEMBER, 2024 JN:024-094 � 1 i �D i � 1 �D CD 005 N R%10 c� c� N Kaylor Family Trust W E ® site 630 Surfside Avenue S Property Polygons Building Feet 0 5 10 20 30 40 50 60 36 ITEM— VUK.4 PLANNING ITEMS ITEM#76627 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of BORN PRIMITIVE, LLC / MODERN SAVAGE INVESTMENTS, LLC,for a Modi cation of Proffers to a Conditional Change o� Zonin re amend the previously approved conceptual site plan, building elevations, and renderings for the property located at 1469, 1477, &1489 Virginia Beach Boulevard,parcel directly East of 1469 Virginia Beach Boulevard, and parcel directly West of 1425 Virginia Beach Boulevard DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA BORN PRIMITIVE, LLC / MODERN SAVAGE INVESTMENTS, LLC,for a Modification ofPro,(fers to a Conditional Change of&j'i re amend the previously approved conceptual site plan,building elevations, and renderings for the property located at 1469, 1477, & 1489 Virginia Beach Boulevard,parcel directly East of 1469 Virginia Beach Boulevard, and parcel directly West of 1425 Virginia Beach Boulevard (GPINs 2417057714, 2417150755, 2417059705, 2417152724, 2417154801) DISTRICT 6 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 1076)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4`h day of February Two Thousand Twenty Five. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None February 4, 2025 C� Al2 � n i I 0 R5 D=R5-D - - - _� A 12 LR5D R5D Al2i Al2 _ - _ -�' - F oEJ R.5D R5D Al2 5D R5D R5D R5D R5D R5ID [ B2 R5D 0 � Al2 a B2 GB2� B2 --- - Al2 � B2LL Virginia Beach Boulevard B2 > I'1 B2 B2 0 B'2 1;1 11� 11 11 C I.1 L Q °° C3 LiE) > Q � Q � 0 a R5D R5D 0 _ � � I � - - O , cA Hiteshew-Place R5D R5-D - Y R5S R5 D -- - ' o R5S 0 0 0 CD R5D R5D Ej 11 R5D R5DELL 7� - o Born Primitive, LLC ® site 14699 14779 & 1489 Virginia Beach Boulevard, Property Polygons parcel directly east of 1469 Virginia Beach Boulevard, s ® Zoning and parcel directly west of 1425 Virginia Beach Boulevard Building Feet 0 3060 120 180 240 300 360 THIRD AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS MODERN SAVAGE INVESTMENTS,LLC,a Virginia limited liability company TO (PROFFERED ZONING COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT,made this 31St day of October,2024,by and between MODERN SAVAGE INVESTMENTS, LLC, 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 those five (5) parcels of property located in the City of Virginia Beach, Virginia, containing a total of approximately 4.40 acres, as described in Exhibit "A" attached hereto and incorporated herein by reference, which are referred to herein as the "Property";and WHEREAS, the Grantor 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 a condition to the Zoning Classification of the Property;and WHEREAS,the Grantor has requested Grantee to permit this modification of the previously proffered by the First Amendment to Proffered Covenants, Restrictions and Conditions dated January 3, 2023 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,as Instrument Number 202303013919 (hereinafter "2023 Proffers"); as modified by the Second Amendment to Proffered Covenants, Restrictions and Conditions dated December 4, 2023 and recorded April 24, 2024 in the afore referenced Clerk's Office as Instrument Number GPIN: 2417-05-7714-0000 2417-05-9705-0000 2417-15-0755-0000 2417-15-2724-0000 2417-15-4801-0000 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 202403017789(hereinafter"2024 Proffers"),to reflect amendments applicable to the land use plan on the Property;and WHEREAS, it is the intent of the Grantor that the proffered covenants, restrictions and conditions contained herein shall modify or re-state and replace all five(5)of the proffers applicable to the Property,being proffers number 1,4 and 5 in the 2023 Proffers and proffers number 2 and 3 in the 2024 Proffers;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 proposed modification of conditions to the zoning gives rise;and WHEREAS,the Grantor has voluntarily proffered, in writing,in advance of and prior to the public hearing before the Grantee, as a part of the proposed 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 Grantor,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-quid produo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amendments to two (2) of the Covenants, Conditions and Restrictions as set forth in the 2023 Proffers and 2024 Proffers and also restates the remaining three(3)unchanged proffers which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute zoning proffers 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: 2 The five (5) numbered proffers set forth in the 2023 and 2024 Proffers are hereby deleted and replaced with the following five (5)new or restated proffers: 1. When the Property is developed it shall be substantially as shown on the exhibited entitled, "AMENDED CONCEPTUAL SITE LAYOUT FOR BORN PRIMITIVE WAREHOUSE VIRGINIA BEACH,VIRGINIA", dated 10/28/24,prepared by TRC Engineers,Inc.which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development (hereinafter "Concept Plan") which is incorporated herein by this reference. 2. When the Property is developed,it shall be landscaped substantially as depicted on the exhibit entitled, "CONCEPTUAL PLANTING PLAN & SCHEDULE FOR BORN PRIMITIVE WAREHOUSE, VIRGINIA BEACH, VIRGINIA", dated 12/4/2023, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development (hereinafter "Landscape Plan") which is incorporated herein by this reference. 3. When the Property is developed, the building floor plan and the exterior of the warehouse with ancillary office area shown on the Concept Plan shall be substantially similar in layout and appearance and shall utilize the external building materials and architectural features as depicted and described on the exhibits entitled "Project: Born Primitive Exterior Elevations", "Project: Born Primitive Floor Plan" and "FINAL OFFICE WAREHOUSE ELEVATIONS FOR BORN PRIMITIVE OCEANA COMMERCE CENTER,VIRGINIA BEACH,VA",pages 1 and 2,dated 29 Oct. 24, prepared by Ideation Studio which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning& Community Development (hereinafter referred to collectively as the"Elevations")which are incorporated herein by this reference. 4. When the Property is developed as depicted on the Concept Plan, Landscape Plan and Elevations,its use shall be for office/warehouse. 5. Further conditions maybe 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. 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 or further modifies the proffered conditions or restrictions to which the Property is 3 subject to in its current Zoning District. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order,in writing,that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction,abatement,damages,or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court;and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning 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 sea]: Grantor: Modern Savage Investments, LLC,a Virginia limited liability company By: (SEAL) Timothy Handlon,CEO STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: 5�The foregoing instrument was acknowledged before me this 31 day of October,2024,by Timothy Handlon, CEO of Modern Savage Investments, LLC, a Virginia limited liability company, Grantor. Notary Public My Commission Expires: 2 24- 202(0 Notary Registration Number: Tai,715? CANDICE MARIE FOLZ NOTARY PUBLIC REGISTRATION k 7786758 COMMONWEALTH OF VIRGINIA MY COM14S XPIRES 5 EXHIBIT "A" Parcels 1,II and III: All Those certain lots,together with the buildings and improvements thereon,and appurtenances thereunto belonging,lying,situate and being in the City of Virginia Beach,Virginia,and being known, numbered and designated as Lots A,B,and C as shown on that certain plat entitled,"Resubdivision of Property of John S. Waller Family Limited Partnership,as shown on Plat of Property of H.H. Hill located in Oceana Gardens,Princess Anne Co.,VA,Map Book 22,page 17,IN.200303130039583,IN 200302240026224, IN. 200312010197830, Virginia Beach, Virginia", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,as Instrument Number 20100308000214600. GPIN: 2417-05-7714; 2417-05-9705-0000; 2417-15-0755-0000 Parcel IV: All that certain lot, piece or parcel of land, located and being in Oceana Gardens of Lynnhaven Borough in the City of Virginia Beach (formerly Princess Anne County),Virginia,and being part of Plot 40 of the Plat of Oceana Gardens, and more particularly described as follows: Beginning at a point on the Southern line of State Route 58, commonly known as Virginia Beach Boulevard,at its intersection with a dividing line between Plots Forty-One (41) and Forty-Six (46) of Oceana Gardens,and running thence along said dividing line South 7° 30'West, 237.21 feet to Plot Forty- One (41) of said Oceana Gardens; thence North 820 30'West along the dividing line between Plot Forty(40) and Forty-One (41) 50 feet;thence North 7°30'East,237.21 feet to the Southern line of Virginia Beach Boulevard 50 feet to the point of beginning. GPIN: 2417-15-2724-0000 Parcel V: 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 Lynnhaven Magisterial District, Princess Anne County, Virginia, in Block Forty (40), of"Oceana Gardens" and more particularly bounded and described as follows,to-wit: Beginning at a point on the Southern line of Virginia Beach Blvd.,which point is 507.67 feet from the Southeastern corner of East Lane and Virginia Beach Blvd. and running thence Easterly along the Southern side of Virginia Beach Blvd. 279.37 feet to a point; thence turning and running in a Southerly direction and parallel to East Lane 237.21 feet to a point;thence turning and running in a Westerly direction and parallel to Virginia Beach Blvd. 279.37 feet to a point;thence turning and running in a Northerly direction and parallel to East Lane 237.21 feet to the point of beginning. GPIN: 2417-15-4801-0000 H:\AM\—Mod of Proffers\"Modern Savage Investments\2024\3rd Amendment to Proffers.doac 6 37 ITEM— VU K.5 PLANNING ITEMS ITEM#76628 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, AS MODIFIED, BY CONSENT, application of COMMONWEALTH BREWING COMPANY,LLC,for a Modification of Conditions to a Conditional Use Permit re craft brewery at 2440 & 2444 Pleasure House Road DISTRICT 9 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA COMMONWEALTHBREWING COMPANY,LLC,for a Modi ication of Conditions to a Conditional Use Permit re craft brewery at 2440& 2444 Pleasure House Road(GPINs 1570502725, 1570501631)DISTRICT 9 The following conditions shall be required.• 1. All conditions attached to the existing Modification of Conditions approved by the Virginia Beach City Council on October 17, 2023 shall be null and void and replaced with the conditions listed below. 2. The site shall be developed in substantial conformance with the submitted plan entitled "Commonwealth Brewing Company— Conceptual Site Plan"dated August 27, 2023, by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. Prior to final site plan approval, the applicant, or the applicant's successors or assigns, shall resubdivide the properties and vacate internal lot lines to consolidate the lots. The plat must be submitted and approved for recordation by the Department of Planning& Community Development. 4. The applicant shall resubmit a site plan to the Department of Planning & Community Development, Development Services Center, within ninety(90)days from the date of City Council approval of the request and have permits in hand to begin work within one year. 5. The existing trees and shrubs along Northampton Boulevard shall remain to screen the use from the highway. The existing row of evergreen shrubs along the southern lot line shall remain to screen the use from the adjoining residence. 6. All designated parking areas shall be paved and striped to meet City Code requirements. Except the parking area designated as "Parking Area E"on the Conceptual Site Plan may use gravel as an alternative parking surface for a maximum period of five (5)years from the date of City Council approval of the request. Upon expiration of the five-year period or until the applicant acquired the adjoining parcel (4704 Judge Lane), whichever the earlier, the applicant shall pave and stripe "Parking Area E" in accordance with City Code requirements. February 4, 2025 38 ITEM— VII.KS PLANNING ITEMS ITEM#76628 (Continued) 7. Prior to final site plan approval, a Lighting Plan in accordance to Section 252 of the Zoning Ordinance, or as amended, shall be submitted to the Department of Planning and Community Development for review and approval.All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. 8. Prior to final site plan approval, the applicant shall submit a Shared Parking Agreement to the Department of Planning& Community Development for review and approval for properties addressed 2444 and 2456 Pleasure House Road. The Shared Parking Agreement shall state: With the exception of the 1,000 square foot unit at 2456 Pleasure House Road that is leased for wholesaling and distribution and only operates from 5:00 "to 3:00 PM, Monday through Thursday with one (1) employee onsite, no other space within the building at 2456 Pleasure House Road shall be leased, licensed or permitted to be used for any purpose that requires the provision of any parking and results in the Craft Brewery not meeting the minimum onsite parking required by the Zoning Administrator under Section 203(b)(11). 9. Except on those limited occasions where a Special Event Permit is granted, which may permit live entertainment/amplified sound outdoors after 10:00 AM and no later than 8:00 PM, live entertainment and the use of amplified sound will only be allowed inside the building when all the doors and windows are closed. 10. Deliveries shall only occur from 8:00 a.m. to 5:00 p.m. The size of the truck shall be limited such that no portion of the truck shall encroach into the public right-of-way while parked on-site. 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 0 day of February Two Thousand Twenty Five. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None February 4, 2025 - R5RcR5R B2 B2 i �a I R-5R fake p . R5R R�5,R R-5R ripe R5R R5R /o C to Z i �k_e qN M RS.R,� R5R Al2 Al2 ✓4� R R5 R R5R---R5R ED � C Al2 R7.5 N Commonwealth Brewing Company, LLC \N' E ® site 2440 & 2444 Pleasure House Road S Property Polygons �j Zoning Feet Building 0 20 40 80 120 160 200 240 39 ITEM— VII.K.6 PLANNING ITEMS ITEM#76629 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of DANIEL RYAN WILDER & TOP NOTCH CYCLES,LLC,for a Conditional Use Permit re auto repair garage at 2608 Horse Pasture Road, Suite 104 DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA DANIEL RYAN WILDER & TOP NOTCH CYCLES, LLC, for a Conditional Use Permit re auto repair garage at 2608 Horse Pasture Road, Suite 104(GPIN 1495750786)DISTRICT 5 The following conditions shall be required: 1. No outside storage or display of equipment,parts, tires, merchandise, or materials shall be permitted on the site. 2. No vehicles in obvious state of disrepair shall be parked in the parking lot at 2608 Horse Pasture Road or on Horse Pasture Road. 3. All motor vehicle maintenance and repairs shall only take place inside the designated suite at 2608 Horse Pasture Road. 4. Hours of operation shall be between 9:00 a.m. and 5:00 p.m., Monday through Friday, only. 5. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. 6. No window or outdoor advertising banners, pennants, streamers, or other such visual devices beyond those permitted by the City Zoning Ordinance(CZO)shall be permitted on the property. This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4`h day of February Two Thousand Twenty Five. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None February 4, 2025 I'1 12 1.2 �-� 12 12 Badge Ro ad 12 12 ��-- 1 V1 0 I.1 � _moors-,-e !°astu e Horse P- as fore R d 11 11 11 11 11D1 I'1 N ® site Daniel Ryan Wilder, Top Notch Cycles LLC W E Property Polygons 2608 Horse Pasture Road, Suite 104 S Zoning Building Feet 0 2550 100 150 200 250 300 40 ITEM— VII.K.7 PLANNING ITEMS ITEM#76630 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of SHINE PRO / TIMBERLAKE SHOPPING CENTER ASSOCL4TES LLC,for a Conditional Use Permit re car wash facility at 4329 Holland Road, Suite 772 District 10 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SHINE PRO/ TIMBERLAKE SHOPPING CENTER ASSOCL4TES LLC,for a Conditional Use Permit re car wash facility at 4329 Holland Road, Suite 772 (GPIN 1476868558)District 10 The following conditions shall be required: L The operation of this use shall be in substantial conformance with the submitted concept plan entitled "Proposed Car Wash Facility" and exhibited in the Staff Report dated January 8, 2025. 2. Hours of operation for the Car Wash Facility shall be limited to 9:00 a.m. to 5:00 p.m. Monday through Sunday 9:00 a.m. to 5:00 p.m. 3. All washing and detailing of vehicles shall only occur within the existing suite or the area identified on the concept plan "Proposed Car Wash Facility". 4. All water, runoff, or other liquid or debris generated by this use shall be collected and disposed of in accordance with stormwater regulations as approved by the City of Virginia Beach's Public Works Department. 5. Vehicles will only be located in the servicing area at the rear of the building when being actively detailed.In the event there is a queue for services, vehicles shall be parked in the primary parking lot until they are to be serviced. 6. No repairs of motor vehicles shall occur. 7. No outside storage of equipment,parts, tires, merchandise, or materials shall be permitted on the site. 8. No outside storage of vehicles in a state of obvious disrepair shall be permitted, including overnight parking of client vehicles at the rear of the shopping center building. 9. The use of amplified speakers outdoors is prohibited. 10. The removable drain seal used to prevent runoff from this use directly entering the stormwater system shall not be installed during inclement weather and shall be removed at the end of each day. February 4, 2025 41 ITEM— VILK.7 PLANNING ITEMS ITEM#76630 (Continued) This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4`h day of February Two Thousand Twenty Five. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None February 4, 2025 • � o I • O ice■ w�� , � s Its SON 1�■ WIN ONE lu1�■ amown F.W=G ■�� �� OAF WE NMI DONE ��IQa■ ■Yid ' ERR� / ' • SRA B %// 42 ITEM— VII.K.8 PLANNING ITEMS ITEM#76631 The following registered to speak: Grady Palmer,Attorney for Applicant, 222 Central Park Avenue, Phone: 629-0606, spoke in SUPPORT Darion Harrington, 3250 Prices Fork Boulevard, Suffolk, Phone: 362-6680, spoke in SUPPORT Lisa Ellsworth, 32043 See Gar Drive, Carrsville, Phone: 740-649-72 75, spoke in SUPPORT Shawn Everett, 7469 Gleneagles Road,Norfolk, Phone: 679-3565, spoke in SUPPORT Dave Redmond, 1453 Ewell Road,Phone:215-5302, spoke in SUPPORT Craig Van Bremen, 336 Bishop Gate Lane, Crozet, Phone: 614-778-6180, spoke in SUPPORT Markus Larson, 4105 Ace Court, Phone:360-631-7157, spoke in SUPPORT Greg Schmitt, 4525 Main Street#10001, spoke in SUPPORT After City Council discussion, Council Member Rouse made a motion, seconded by Council Member Remick, to DENY the application of GREEN CLEAN HOLLAND, LLC/ALP& ALEY ASLAN for a Conditional Use Permit re car wash facility at 4245 Holland Road DISTRICT 10(Deferred from January 21, 2025) Voting: 4-6 (MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick and Jennifer Rouse Council Members Voting Nay: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Cal "Cash" Jackson-Green,Joashua F. `Joash"Schulman and Rosemary Wilson Council Members Abstaining: Dr.Amelia N. Ross-Hammond Council Members Absent: None February 4, 2025 43 ITEM— VUK 8 PLANNING ITEMS ITEM#76631 (Continued) Upon motion by Council Member Cummings, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED, application of GREEN CLEAN HOLLAND, LLC/ALP& ALEX ASLAN for a Conditional Use Permit re car wash facility at 4245 Holland Road DISTRICT 10(Deferred from January 21, 2025) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4 GREEN CLEAN HOLLAND, LLC / ALP & ALEX ASLAN for a Conditional Use Permit re car wash facility at 4245 Holland Road(GPIN 14 76963 446)DISTRICT 10(Deferred from January 21, 2025) The following conditions shall be required: L The site shall be developed in substantial conformance with the submitted concept site and landscaping plan entitled "Carwash Concept Virginia Beach, VA",prepared by Kimley- Horn, and dated April 1, 2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled "Green Clean Express Auto Wash-4247 Holland Road, Virginia Beach, VA" prepared by SBA Studios, and dated April 19, 2024, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The proposed structure shall be constructed of a similar type of material, color, and trim as the existing structure. 3. The vacuum stations shall have an all-black assembly, including hoses, receptacles, black posts, as depicted in the graphic "Vacuum Schematic and Elevation"as exhibited in the staff report and prepared by the applicant, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 4. Lights in the vacuum stations shall be turned offal the end of the business day. 5. All site lighting, including lighting on pay stations and vacuums, shall be white light, no colored lighting is permitted. 6. Final design of the pay stations are subject to review and approval by the Planning Director during site plan review. 7. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance(CZO)shall be permitted on the property. February 4, 2025 44 ITEM— VUK.8 PLANNING ITEMS ITEM#76631 (Continued) 8. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 9. All on-site signage shall meet the requirements of the City Zoning Ordinance(CZO). Any freestanding signage shall be limited to one(1)monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted,pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 10. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended,shall be approved by the Department of Planning and Community Development. 11. The applicant shall widen the sidewalks on Holland Road and S. Plaza Trail that parallel the subject property to a minimum width of five feet. This shall be reviewed as part of the site plan review process. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4M day of February Two Thousand Twenty Five. Voting: 9-2 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, Cal "Cash"Jackson-Green, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond,Joashua F. `Joash"Schulman and Rosemary Wilson Council Members Voting Nay: Jennifer Rouse David Hutcheson Council Members Absent: None February 4, 2025 i �B�2 0.2 �q o 0 A1-2 o B2 00 PDH1 P�H'� �ti� ch,o 'Qo Q� 00 c" PDH1 El Q� N ® Site W E Property Polygons Green Clean Holland, LLC S . Zoning 4245 Holland Road Building Feet 0 2550 100 150 200 250 300 45 ITEM— VII.K.9 PLANNING ITEMS ITEM#76632 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of JEFF HAMILTON for a Conditional Use Permit re short term rental at 933 Pacific Avenue, Unit A District 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JEFF HAMILTONfor a Conditional Use Permit re short term rental at 933 Pacific Avenue, Unit A (GPIN 24272444111200)DISTRICT 5 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 933 Pacific Avenue Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwellingfor Short- Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance(CZO)or as approved by City Council. 5. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1)hour. February 4, 2025 46 ITEM— VU K.9 PLANNING ITEMS ITEM#76632 (Continued) 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notes the new property owner of requirements `a'through `c'below. This information must be submitted to the 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 dollars($1,000,000.00) 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. IL 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 ZoningAdministrator, 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. 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 February 4, 2025 47 ITEM— VILK 9 PLANNING ITEMS ITEM#76632 (Continued) include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 18. The property owner,or their representative,shall provide to the 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. a. 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. b. 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(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4`h day of February Two Thousand Twenty Five. February 4, 2025 48 ITEM— VILK 9 PLANNING ITEMS ITEM#76632 (Continued) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None February 4, 2025 OR , OR </OR OR OR OR Street OR OR R i 5S � R5S A18 OR OR OR OR et , � 9 h ven Ue �.�� Stre all q- � *'3�,, R-T-3 � ---- RT3 . �� , 7 o OR OR R5S R^5S cv N ® site Jeff Hamilton W F Property Polygons 933 Pacific Ave, Unit A 5 Zoning Building Feet 0 2040 80 120 160 200 240 49 ITEM— VUK.10 PLANNING ITEMS ITEM#76633 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council DEFERRED TO MARCH 4, 2025, BY CONSENT, application of VICTORIA WALSH for a Conditional Use Permit re short term rental at 917 Pacific Avenue, Unit A District 5 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None February 4, 2025 50 ITEM— VII.K.11 PLANNING ITEMS ITEM#76634 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED,AS CONDITIONED,BY CONSENT,application of ORENROBBINS/ORENROBBINS & CAMILLE BRITT ROBBINS for a Conditional Use Permit re short term rental at 613 22"d Street DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINLI OREN ROBBINS/OREN ROBBINS& CAMILLE BRITT ROBBINS for a Conditional Use Permit re short term rental at 613 22nd Street(GPIN 24179824460001)DISTRICT 6 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 613 22nd Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwellingfor 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 or as approved by City Council. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active,parking passes issued for the subject dwelling units) through the RPPP shall be limited to two (2)resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. February 4, 2025 51 ITEM— VHXII PLANNING ITEMS ITEM#76634 (Continued) 8. 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. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notes the new property owner of requirements 'a'through `c'below. This information must be submitted to the 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 dollars($1,000,000) 10. 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. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zon ing 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. 12. 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. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. 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. 15. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. February 4, 2025 52 ITEM— VII.K.II PLANNING ITEMS ITEM#76 634 (Continued) 16. 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. 17. There shall be no outdoor amplified sound afier 10:00p.m. or before 10:00 a.m. 18. 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 of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 19. 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. a. 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. b. 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. 20. 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. February 4, 2025 53 ITEM— VII.K11 PLANNING ITEMS ITEM#76634 (Continued) This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4f' day of February Two Thousand Twenty Five. Voting: 11 -0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None February 4, 2025 R5D R5S R5S ❑ �,. OR 22nd Na � c� OR OR c� d street OR OR N ® site Oren Robbins W Property Polygons 613 22nd Street s Zoning Building Feet 0 1020 40 60 80 100 120 54 ITEM— VUK.12 PLANNING ITEMS ITEM#76635 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of OVJ PROPERTY RESOURCES, INC.,/OREN JOHNSON for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 219 DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA OVJ PROPERTY RESOURCES, INC., / OREN JOHNSON for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 219 DISTRICT 6(GPIN 24280514485010)DISTRICT 6 The following conditions shall be required: L The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 219,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 dwellingfor 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 or as approved by City Council. 5. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1)hour. February 4, 2025 55 ITEM— VUK11 PLANNING ITEMS ITEM#76634 (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 dollars($1,000,000) 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. February 4, 2025 56 ITEM— VII.K.11 PLANNING ITEMS ITEM#76634 (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 of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 18. The property owner,or their representative,shall provide to the 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. a. 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. b. 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 4`h day of February Two Thousand Twenty Five. February 4, 2025 57 ITEM— VH.K.11 PLANNING ITEMS ITEM#76634 (Continued) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman and Rosemary Wilson Council Members Absent: None February 4, 2025 OR R OR OR -- O R 7 l 0 Street _ - �� 40�h 44�h Street OR OR N ® site OVJ Property Resources, Inc W E Property Polygons 4005 Atlantic Avenue, Unit 219 S Zoning Building Feet 0 1020 40 60 80 100 120 58 ITEM— VII.L APPOINTMENTS ITEM#76 63 6 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITYAUTHORITY GREEN RIBBON COMMITTEE HISTORICAL REVIEW BOARD HOUSING ADVISORYBOARD INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE STORMWA TER MANAGEMENT IMPLEMENTA TION AD VISOR Y GROUP TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINL4 BEACH CANNABIS ADVISORY TASK FORCE February 4, 2025 59 ADJOURNMENT ITEM#76637 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7.05 P.M. la2; Terri H. �eliu�s Chief Deputy City Clerk vvA Amanda Barnes, MMC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia February 4, 2025 60 OPEN DIALOGUE The following registered to speak.- David Whitfield, 2255 Stepping Stone Square, Chesapeake, Phone: 945-7554, spoke concerning his daughter who he believes was fraudulently adopted Karma Jade Miller, 3809 Parkside Drive#205, Chesapeake, Phone: 406-2361, declined to speak Nicholas Sherwood, 2255 Stepping Stone Square, Chesapeake, Phone: 401-0708, did not respond Vic Nicholls, 1124 Mill Lake Quarter, Chesapeake, Phone: 410-0008, spoke concerning concealed weapon permit fees Anshi Bhatt, 1725 Lower Church Court, Phone 816-6860, did not respond ADJOURNED AT 7.12 P.M. February 4, 2025