HomeMy WebLinkAboutFEBRUARY 18, 2025 INFORMAL AND FORMAL SESSION MINUTES O4 7
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
FEBRUARYI8,2025
Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference
Room, Tuesday, February 18, 2025, at 2:00 P.M.
Council Members Present:
Michael F.Berlucchi,Stacy Cummings,Mayor RobertM.Dyer,David Hutcheson,
Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-
Hammond, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Barbara M. Henley—Arrived at 2:30 P.M.
Jennifer Rouse —Arrived at 3:37 P.M.
2
ADD ON
CITY COUNCILS BRIEFINGS
WINTER STORM KINGSTON UPDATE
ITEM#76656
2:01 P.M.
Mayor Dyer welcomed David Topczynski, Director—Emergency Management. Mr. Topczynski expressed
his 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 Mr. Topczynski for the presentation.
February 18, 2025
WINTER STORM KINGSTON
FEBRUARY ZHTH, ZOZS
Emergency
v � Management
f r . •
. . .�- _� ,, `.. . .�►' - Rai -`W -
Wednesday:
:,19 220
Wad The
-Scattered light snow showers begin by 11 am. lzam tam bar gam 2pm 3pm b m 9 m ,tarn Sam bar San '2pm 3pm on _
Accwac
- By 1 pm, snowfall becomes widespread and steady. Ahoskia I
Bowllnp Green
Cambndge - •• ,
cape CAsrles .: '
Thursday: «o a
Edarson t o
E Am
-A small break in snowfall is expected between lam and 10 am. EhzabethGty [ E;;,
-By 10 am a steady light snow will resume. Emp°"' E3 ,
fa"vple
-Snowfall is expected to end by 6 pm. Gwch '" ;
ooc n ianE
HamMn/NNews :, ••
Lcwsa -
Northwest winds at 11-15mph, gusting to 20 mph are expected NorfolkIPortsmoom pE7EIJ J. ;
ccear Ctty -
throughout the storm. P .r>uro
Scum Hoi � 0 Clear weather is forecasted for Friday and the weekend with suttdkTaDoe .. ••
nr
temperatures gradually warming Saturday and Sunday. V.fw, BacR
�ryrnn Beall
Wakefield •• � '
Waiiamsburp .tic
A Winter Storm Warning * dso`
National Oceanic and
Atmosphanc Admntstnation
Likelihood of at least 4"Snow
STATUS & IMPACTS Valid Tue 7UOAM tfop Fri 7OAM EST w re we ma25,l W Aa M
Y9
• City will move into Modified Operations on Wednesday, 2/18.
• All City Offices and Facilities will be closed to the public. 95 .
83
• Emergency Operations Center (EOC) activated to a Level 1-Monitoring this
morning. 6 81
dPte 6 ¢wurametu.R
93
• Public Works began pre-treating all 700+ miles of primary roadways yesterday E79 rr87
,m Norfolk
and will complete pre-treatment today. a5 85�`f
• They are preparing snowplows equipped with salt spreaders to begin <5 t�taEetfi 1
snow clearing operations on the primary roadways tomorrow.
• A request for an additional 12 snowplows with salt spreaders was made to """
Likelihood of at least 6"Snow " Wakefield. A
the Virginia State EOC and is still pending approval. Wakefield.A IST
Valid Tue 700AM tNough Fr1790AM EST f.aoee r.e ta.7°a5�so AM rsr
12
• Parks & Recreation crews are preparing snowplows and spreaders to conduct
clearing operations across critical, 24-hour City facilities.
• They will begin clearing schools and other City facilities beginning Friday
Acwmac
and continue throughout the weekend. ; 6
1��
YV(h m26T1r6 1
• Public Utilities placed backup emergency equipment at their facilities and will 82 ,
have additional crews on duty to respond to emergencies. 2 No folk
Im
69
STATUS & IMPACTS
• Police, Fire, EMS, and ECCS will be upstaffing and place additional 4-wheel drive Min Temperature Wakefield,
vehicles in service to assist with accessing neighborhoods and responding to Valid Wednesday.February 19,2025 1.w E,b 18.2025 20IW EST
low-priority, non-life safety calls.''
• All staff are prepared to remain on duty and move into 12-hour shifts, if
needed. 6-4; "
x
• Considering the need for a Local Emergency Declaration to facilitate requesting
25' .. . .
resources, allow emergency contracts to be activated, and possibly receive x
reimbursement for storm expenses.
• We will decide whether to issue a Local Emergency Declaration later this 2T ,
evening or tomorrow morning.
19'
• VBCPS will have an asynchronous learning days tomorrow through Friday. - -- - ---
f N•wwswr,n.levn M.n..aoi,n
• Bagged lunches for Wednesday to Friday will be provided tomorrow
between 10am and 12pm.
END OF BRIEFING
QUESTIONS?
VBEmergency
Management
3
CITY COUNCILS BRIEFINGS
GENERAL ASSEMBLY UPDATE
ITEM#76657
2:14 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 apart of the record.
Mayor Dyer expressed his appreciation to Mr.McKenzie for the presentation.
February 18, 2025
2025 General Assembly
Week • update
Brent McKenzie, Legislative Affairs Director
CITY OF
VIR INI
VB� BEACH
2025 General Assembly Update
Today's update:
• Schedule
• Status of Legislative Agenda items
• Legislation of interest
Goal of today's presentation is to provide an update on the General
Assembly session.
2 VB
Final Week of 2025 Legislative Session
• Senate broke 8-year losing streak in General Assembly basketball game
• Committee work concluded yesterday
• Legislative action moves to the floor of the House and Senate
• Following conference committees
• Budget should be released by Thursday — 48-hour rule
• House and Senate budgets are not far apart
• General Assembly is scheduled to conclude on Saturday
3 V13
tus of LegisLative Agenda items
I
Code • Patron
Property Title Report in Eminent HB 1690 Delegate Convirs-Fowler HB1690 passed Senate Courts Committee unanimously
4 VB
Domain Proceedings
Will be heard in full Senate this week
Zero Waste Awareness Week HJ 446 Delegate Feggans Passed House 57-39
Passed Senate Rules Committee. Will be heard in full Senate this
week
Policy Priorities
. .
Affordable HousiHB1701 Housing Opportunity Tax Credit—Increasing the Passed House 94-3
annual threshold and the extending the sunset Failed in the Senate, could be included in
budget
EconomicHB1616 Workforce Development for Offshore Wind Industry Passed House 57-41
Development
Education SB1307 Local authority to call fora referendum on a 1% sales Passed the Senate 27-13
tax for school construction Passed House 62-33
Heads to Governor next
Flooding and SB1337; HJ434 Commonwealth to study state support for local CSRM SB1337 passed Senate 38-0 failed in the House
St
• projects HJ434 passed the House 69-27 and Senate
Rules Committee: Heads to full Senate
Transportation HB2466 Hampton Roads Interstate Highway Corridor created, Passed House 58-40
etc.; sales & use tax
Reported from Senate Transportation and
Senate Finance; Now heads to full Senate
Energy Siting HB2438; HB2126: Would have mandated how localities approve All three pieces of legislation were defeated in
SB1190 renewable energy facilities committee
• HB2660 Shortens the timeframes for various local government Passed House and Senate and now heads to
approvals of subdivision plats and site plans. Governor
10-1 Legislation ME
10-1 Charter Delegate Convirs- Passed the House 69-26-1 (required 2/3 to pass)
Amendment Fowler Passed Senate Local Government 8-7
HB1687 Failed passage in Senate 21-19
Charter; City of
Virginia Beach
10-1 General Law Delegate Askew Passed the House 54-42
HB1990 Passed Senate 21-17
Election of certain
governing bodies;
conversion to single-
member districts.
Senator Rouse
SB814 Election of Passed the Senate 20-18
certain governing Passed the House Privileges and Elections Committee 12-10
bodies; conversion
to single-member
districts.
•
Legislation
. . .
License Plate ReadersHB2724 Creates framework for how license plate reader Passed House 59-39
technology can be used by law enforcement Passed Senate Courts and Senate Finance
Committees now heads to Senate Floor
• Restricts data retention to 21-days
• Prohibits sharing of data outside of
Commonwealth and with federal agencies
• Eliminated portion that would have expanded
the use of LPR's to highways
• _ • - SB992 Enhanced civil penalties for repeat violations involving Passed Senate 39-0
. . - ,• nonpermitted commercial uses; (i) $200 for the initial
_ violation, (ii) $1,000 for a second violation, and (iii) Passed House CCT Committee 21-0
. $1,500 for a third or subsequent violation, not to exceed
• . , . an aggregate amount of$4,200
• - • - HB2036 Expands reckless driving to include street takeovers and Passed House 84-12; Passed Senate 13-2;Will be
exhibition driving heard in Senate today
• . • HB1793 Captain Matthew "Chevy" Chiaverotti Memorial Bridge; Passed House 99-0; Passed Senate
designates bridge over 1-264 in VA. Beach. Transportation 14-0;Will be heard in Senate
today
• • HB2630 Allows localities by ordinance to establish a tree canopy Passed House 63-35; Passed Senate 27-9; Heads
fund to Governor
• SB1009 Allows elections for any local office to be conducted by Passed Senate 21-19; Passed House P&E 12-10;
ranked choice voting Now heads to House for full vote
Discussion & Questions
8ve
4
CITY COUNCILS BRIEFINGS
OCEANFRONT FREE PARKING IMPACTS
ITEM#76658
2:31 P.M.
Mayor Dyer welcomed LJ Hansen, Public Works—Director. Mr. Hansen 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.Hansen for the presentation.
February 18, 2025
IV
Oceanfront Parking
U Hansen, Director of Public Works
February 18, 2025
CITY OF
VIRGINIA
.�i BEACH
Informational briefing only
No action is being requested from
City Council
' Objectives 1. Background
Agenda 2. Current Conditions
3. Rate Model
4. Free Residential Parking
5. Benchmarks
Today"s Briefing
• Staff were asked to investigate the potential for free
parking in the Resort Area for VB residents
• In response to inquiries from Budget & Management, staff
had already engaged a consultant to look at parking fees
• City staff manage parking garages, lots and on-street
parking — Today's presentation is on the Oceanfront
parking
p3
Public Works — Parking Management
N ACCREDITED
i• $130M n asset valuationPARKING
°� ORGANIZATION'"
• 17,000+ Parking Spaces
Awarded by the
• 8 garages at 2.4M sq ft and 45 levels International Parking
and Mobility Institute
• 780+ metered on-street spaces (IPMI)
• 100+ contract employees (peak season)
• $12M+ in Annual Expenses (includes Town Center)
• 921 ,000 vehicles parked annually
p4 _.
Purpose & Goals of Parking Management
• Easy to Find an Open Space I�AY FROYOUR
PHONE 23
• Easy Means of Payment DOWNLOAD
PassportParking
• Close Proximity to Destination
OR Go TO
• Fair Pricing & Enforcement
• Positive Customer Experience � o000
+R7 y i
StichG"a'- St
Park �etn
i
a 26 s t
2et�s�
'::gvraEtadi • C�St •
V:a�Schod 15tnst Surat �
o 'er us Caen;
lrgow Beach lid`
tt44ge School
i st
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130 S1 22hd St
teentt 24pdst , •
2tetst
'J rg r.a
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'onvert on'd s tat
Bureau
ifr�au @each
Convencon
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t9a'st . .
Lghttwne OrepSOnt Area
ShdwLaary
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16f st ! Sht d die Sea
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• t•ffw• •
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Oceanfront Co Parking Lots/Garages sip
E Po it 0
0'
LomGoages
300 root
600 Pow Buffer
Current Fee Structure
• Resort Area parking is charged with rates variable by season and
peak times
• Rates have been unchanged for many years
=jilt STreeT c 7aluge hour $20 mLx
"Is[ Sneer Garage $2/hour $20 max
9Th STTeeT Garage )":".,'hour $210 rl it:
;lid STreeT Lot /hour Flee o,'ember-March
4Th SrreeT Lot $2/hour Free -o member-M.uch
CrQarau Lot $i/da,- $3 Residents
Lirtle Island Park Lot $4/day $10 Overnight"
&udee Loop Lot $2/hour Free "-\'o veil ber-March
Saudi?ridge Marker Lot $4/d{a,- $10 Overnight
Sandl?rid,eIttuicipal Lot $4/&,i;- $10 O:Ternight
On-Streer deter $2/hour lone
Parking Rate Analysis
--- • Draft Report — Just wrapping up
• Analyses of:
• Revenues Generated
• Operating Expenses
`�► • Trends & Forecasts
CITY OF VIRGINIA BEACH • Accounting for Capital Maintenance
Parking Rate Study
REPORT February 3,2025
• Projections of Parking Fund balance
Public
Work,
PS v
Parking Enterprise Fund
• Enterprise fund - requires that the parking operations generate
sufficient revenue to support operations
F Y 2 U 17 - FY 2U24
FY2024 55.360.663
56-156.279
FY2023 56.362.766 54.725.539
P'2022 r J 56077909 Post —pandemic (FY22-FY24)
56.532.969
1'2021 0&6.073,499�
55.369.382 Avg Revenue - $6.26M
FY2020 $4,861.E 8 448 272 Avg Operating
=Y2019 55.209.522 Expenses - $5.48M
55.564.411
�Y2018 $4.927,327
$4.506.353
56 154 981
* - Doesn't include Capital
eY2017
55.301.150 Maintenance or Debt Service
S- 51,000 000 $2.000 000 S3 000.000 54.000 000 55.000,000 56.000 000 $7.000 000
■Total Expenses •Total Revenue P9 r'"
• Parking Garage:
. �
:w
• $49.5M construction _ .
Cost - ,,.,.. �� . •, ."! _ 1 ,
y
• 1.455 spaces .., flip
• Anticipated to open
5/2025
4 ■or ones
r ' wewre
s►' Pairs
-
p 10 a.
Atlantic Park Projections
Of
/s 'a
Atlantic Park
$3.000.000
$2,000,000
$1.500.000
r
S 1.000.000
$500.000
5- mm 11 11 11 11 11 11 11 11 11 11
----
FY FY FY FY FY FY FY FY FY FY FY
2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035
Expenses Revenue
11
- _ _ ♦ • • •
•
$12.000.000
$10.000.000
UI�II 58.578.042 $8.715.691 58.754.776 $8.761_628 $8,768.549
$8,000.000 $7.739.870
$7.037.168
$6 360 137
I $6.000,000
54.000.000
$2.000.000
�" ► FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032
(Budget)
j Personnel Supplies t O&M
-+ Debt Service OCapital Set-Aside -Tota! Revenues
Capital Maintenance -$75 per space per year (garages) - $440,000
p 12 a-
•
$12.000.000
F
$10.000.000
y $8.76M
$8.5 M
58.000.0007.3}pt" ...••• $7.53
$6.76N1. ------ ------ -------
$6,000.000
Illl
$4,000,000
$2.000.000
.04
T /
FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032
;Budget)
Personnel Supplies O&M
Debt Service r-=Capital Set-Aside Total:Revenues
Sensitivity-Lower Demand......••• Sensitivity-High Demand
A
p13 a
h
1 $10.000.000
IIIIIII $9.000.000
$8.000.000
j $7,000.000
f`
III $6.000.000
$5.000.000
$4.000.000
e4 1 ` I
$3.000.000
. $2.000.000
$1.000.000
f{ S-
;' FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030
Total Revenue Requirements Total Revenues Projected Fund Balance
p14
Residential Parking — Now
• Currently — VB Residents pay the same as guests before
S :OOpm
• $3/stay after S:OOpm in lots and garages
• This requires a staff member to look at their license or by
the resident calling a phone number, when lot or garage is
unattended
• More garages are going gate-less. This means that there is
not a staff member to check an ID
P15 _
So what about free residential parking?
• Our employee pass program shows that 90% of the
oceanfront employees live in VB
• Potential neighboring residential use is harder to estimate
• A sample of data collected from our system in July 2024:
• Transients average stay - 2.45 hours
• Employees average stay — 7 to 8 hours
• Residents average stay — 16 hours
Free Residential Parking — Cont'd
• No incentive to leave means that parking would be
unavailable to paying customers
• This would in-turn create a need for more parking
• Enforcement would be incredibly difficult
• Loss of revenue would adversely impact the current
financial model of self-sustainability
• This would result in the need to raise fees significantly or
supplant the Parking Fund with other funds (TIP/GF)
Parking Rates - Benchmarking
Parking Rates around Virginia:
Benchmarked 3 Virginia Cities:
Norfolk, Newport News, and
Richmond
All cities have various rates and
discount structures R'c Dnd
In general Virginia Beach's rates are Newport News ,
V,ij,�ia 4,each
similar to Newport News and Norfolk i
but lower than Richmond
p18
Parking Rates - Benchmarking
Rehoboth Beach
Ocean C ity
Parking Rates in Other Coastal
Virginia Beach
Tourism Cities
Benchmarked Rehoboth Beach (DE),
Ocean City (MD), Myrtle Beach (SC), Myrtle Beach
Charleston (SC), Miami (FL) Charleston
All cities have various rates and
discount structures
In general Virginia Beach's rates are
significantly lower than the
Miami
benchmarked communities
p19
Thank •
Questions/Discussion
CITY OF
VIRGINIA
BEACH
�.. 20
On -Street Parking : Resort
551 Multi-Space Meter spaces & 129 Single Space Meters
All Meters accept Credit Cards and Mobile Phone App ,
payments - Connected in the Cloud
680 Spaces
2024 - $1 ,614,000 in Fees
Approx $2,400 per spot/annually
$2/hour � � �
A
/A
466K Transactions Per Year
Avg Length of Stay is 1 .5 hr '+�
Pay by Plate Mode '
Pay for more
! time than ppprk.com
you needed?
Take your time with your ZONE
Take your parking session with you to Q, 0000
any other on-street metered space.
Parking Rates - Benchmarking
Norfolk:
Metered street and parking lot: $1-$2 per hour, max $13 total (24 hours time limit)
Garages charge $1 per hour for the first three hours, and $2 each subsequent
hour, max of $10/hour (24 hours time limit)
Nights and weekends between $2-$5 per hour
Special event rates range from $5 to $20 per event
Monthly rates between $85 for unreserved parking spaces and $120 for reserved
parking spaces.
Discounts for Downtown Restaurant, Retail, and Hospitality staff
p22
Parking Rates - Benchmarking
Newport News:
Parking rates are seasonally variable, where the fee for parking at $1 per hour up
to a $10 maximum, are in effect between 11 a.m. and 7 p.m., seven days a week,
from May through October.
From November through April, people will only be required to pay for parking from
11 a.m. to 7 p.m. on Saturdays and Sundays.
Residents along certain streets can apply for a $6 annual parking permit to utilize
street parking.
pZ3
Parking Rates - Benchmarking
Richmond:
Metered street parking rates are $2 per hour with a time limit of 3 hours.
Parking lot and parking garage rates are variable by location but are generally $5
per hour with a maximum of $20 total.
Special event and night rates range from $2 to $12 per hour.
Monthly rates are variable by garage but generally range between $55 and $140
for unreserved parking spaces and between $75 and $155 for reserved parking
spaces.
Residents of the Fan, Carver Randolph, South Mulberry and Jackson Ward
Districts can apply for residential parking permits to utilize street parking - $25
annually.
p24
Parking Rates - Benchmarking
Rehoboth Beach:
Metered street parking, at a rate of $4/hour for a maximum of 12-hours, during the
periods of 10 am-10 pm from May 15-September 15. Some metered parking
spaces are limited to a 30-minute maximum.
Parking permits are required from 10 am-5 pm daily in all non-metered areas within
the city from May 15-September 15.
Permits are available at $25 per day, $60 for a three-day weekend, $120 per week,
$295 for the season (non-transferable), or $325 for the season (transferable).
p25
Parking Rates - Benchmarking
Ocean City:
Parking rates are seasonally variable:
From April 1 St through May 25th and October 1st through October 31 St, street
parking and parking lots are free Monday through Thursday, but $2 -$3 per hour on
Friday through Sunday.
From May 26th through September 30th, parking is $3 -$3.50 per hour every day of
the week, with an increased rate of $5/hour on the Fourth of July.
One Ocean City parking lot offers vehicles a rate of $10 per day or $40 per week
and trailers $10 per day or $50 per week.
One parking lot with free daytime parking and shuttle rides (Park & Ride), except
during special events where riders can purchase an all-day shuttle pass for $4.
p26
Parking Rates - Benchmarking
Myrtle Beach:
Street parking rates vary by location:
Beach access and street ends cost $3.00 per hour or $15.00 for all-day parking
Business district charges $2.00 per hour with no all-day rate.
Secondary areas also charge $2.00 per hour but offer a $10 all-day rate.
Residents in Myrtle Beach can utilize street parking by obtaining a resident parking
decal.
A seven-day visitor parking pass is available for $50, and non-residents can
purchase an annual parking placard for $100.
Vehicles with valid Handicap Placards, Purple Heart, Disabled American Veterans,
or Medal of Honor license tags are exempt from paying at public-operated meters.
o27
Parking Rates - Benchmarking
Charleston:
Parking garages and non-metered lot rates $1-$2 per 20 minutes, capping at $24
for a full day.
Metered lots and street parking rates at $3 per hour, enforced from 9:00 a.m. to
6:00 p.m., Monday through Saturday, excluding city holidays.
The City offers discounted evening public parking rates at several locations.
Those with valid Handicap Placards are exempt from paying at metered or timed
parking places.
pz8
Parking Rates - Benchmarking
Miami:
Metered street parking rate is $3/hour
Parking garages and parking lots have a rate of $1-$2/hour varying by location.
These rates are applicable from Monday through Sunday from 7am to 2pm.
The City offers parking permits for residents of certain neighborhoods for a $25
annual fee.
Residents can also receive a 50% discount at other public parking locations, by
using a Pay by Phone application.
p29
5
CITY MANAGER'S BRIEFING
TRAFFIC ENFORCEMENT CAMERAS
ITEM#76659
3:21 P.M.
Mayor Dyer welcomed William Zelms, Deputy Chief - Police. Deputy Chief Zelms 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 Deputy Chief Zelmsfor the presentation.
February 18, 2025
Stop Light & Speed Enforcement
Camera Update
Deputy Chief Billy Zelms
February 18, 2025
�BVIRGIN
BEACH" 1
Today's Objective
• Seeking direction from City Council on the desired scope of future
Stop Light and Speed Enforcement Cameras:
• Stop Light Enforcement Cameras
• School Zone Speed Enforcement Cameras
• Construction Zone Speed Enforcement Cameras
2 vB
Supporting the City Council Focus Action Plan
• 2.26 Review and update the City's Master Transportation Plan and
Model to support transportation options and modes, reduce
congestion, and improve safe travel for the community at large
• 3.21 Continue public safety efforts to ensure a safe and healthy
environment for residents and visitors
3 VB
Background
• On July 11, 2023, Public Works provided a presentation to City
Council on Roadway Safety with the support of the Police
Department regarding traffic safety and neighborhood calming.
• The presentation included information regarding the General
Assembly decision that granted each locality in the Commonwealth
of Virginia the authority to utilize photo speed enforcement in work
zones and school zones.
• § 46.2-882. 1 — Photo Speed Monitoring ($100 civil penalty)
• 10 mph or greater over the speed limit
• Not reported to DMV
• School Zones
• Construction Zones
4 vB
Background (cont. )
• With the current stop light camera contract expiring, and in
consideration of legislation authorizing speed enforcement in
school and work zones, there is an opportunity to combine these
enforcement technologies when soliciting for a new camera
enforcement contract.
5 vs
History of Stop Light Enforcement Cameras
• The PhotoSafe program was first implemented in 2004
• Short-lived & terminated on July 1, 2005
• General Assembly passed legislation & cameras returned on March 13,
2009
• 11 intersections were selected for monitoring
• Accident rate
• Number of red-light violations
• Pedestrian safety concerns
• Violations result in a civil penalty of $50
• No DMV points or insurance implications
• Process to contest violation in court or via written affidavit
6 VB
History
• Cameras have proven successful in improving traffic safety
• Since 2016, total crashes at 9 of 11 monitored intersections have decreased
by an average of 37%
• Some locations have experienced reductions in traffic crashes by 70%
• A 2020 study conducted by Florida International University found
stop light cameras significantly reduced right-angle crashes &
serious/total injury crashes
7 vB
The Opportunity
• An Insurance Institute for Highway Safety ( IIHS) Study reported
speed cameras resulted in a 19% reduction in the likelihood a crash
would involve a fatality or incapacitating injury
• INS also noted speed cameras in a particular jurisdiction quickly
resulted in a reduction in the number of vehicles traveling at least 10
mph over the speed limit — ultimately changing driver behavior
8 vs
The Opportunity (cont. )
• This technology can enable the City to address community concerns
of speeding in vulnerable areas, such as school zones
• The Police Department routinely utilizes motorcycle officers to
enforce speed limits in school zones
• This program would enable the Police Department to redeploy these
officers to other locations where there are traffic concerns
• Revenue could be directed to address City Council's priority for
neighborhood traffic calming & safety on our roads
9 a w
Request for Proposal Update
• RFP process is in final stages
• Prior to vendor selection, City Council is being asked to give
policy direction as it relates to the scope of contract
implementation
• Stop Light Cameras
• School Zone Cameras
• Construction Zones
• Cost to administer stop light camera alone will either be
revenue neutral or potentially require the General Fund to
supplement in the future
10 va
Stop Light Camera Cost Considerations
• Annual revenue is approximately $1.8 million
• Supports cost of the program and general Police Operations
• Current ( FY25) annual expense is $1.01 million
• Vendor payments ($740k)
• 4.0 FTEs — Public Safety Investigators ($265k)
• Annual expense after new contract will be $1.8 million
• Contract cost expected to double
• No additional revenue anticipated from new contract
ii vs
Speed Enforcement Camera Considerations
• Speed enforcement cameras will increase the cost of the
contract
• $2,300 - $3,900 per camera
• Speed enforcement technology allows for violations to be
captured across multiple lanes of traffic
• $100 civil penalty
• Other localities have captured a significant number of
violations from speed enforcement cameras
• Norfolk — 10 school zone speed cameras (4,500 violations per day)
• Suffolk - $1 million in fines per month
12 VS
Locality Numberof Cameras Numberof Sites Typeof Camera Revenue Estimate
Chesapeake 11 10 School Zone $6.6 million -FY24
Hampton 12 12 School Zone Effective 10/15/24
Norfolk 19 10 School Zone $4.2 million - FY25
Suffolk 12 11 School and Work $12.5 million -FY24
Zone
York County 6 6 School Zone $1.7 million- FY25
(effective 9/26/24)
Consideration When Determining Scope
• Revenue for stop light cameras alone are likely looking to
break even with the cost of operation
• While behavior change is our intended primary outcome, there
was a desire from City Council to use any revenue to assist with
enhanced support to traffic calming and pedestrian safety
• However, without the potential revenue of the school zone and
work zone cameras, there would likely be no funding available to
do so
• In addition, we could get to a point where the GF may need to
supplement the cost of the program if operational costs exceed
revenue
14 vB
2025 General AssemblyUpdate
Multiple pieces of legislation introduced that would either restrict or enhance the program. These remain in flux during the
last week of session.
Under consideration:
• Reduce civil penalty from $100 to $50
• Route excess revenue to state Commonwealth Transportation Board to be used for the Virginia Highway Safety
Improvement Program
• Expand where the cameras are allowed to include the priority pedestrian corridor as identified by the Department of
Transportation in the statewide Pedestrian Safety Action Plan and other areas designated by the Commissioner of
Highways
• Require calibration of the speed cameras in the same manner other speed measurement devices are calibrated
• For school zones, require proof that the blinking signage was in operation
• If funds stay local, require funds be used for planning, design, and construction projects for traffic safety, speed
management, and bicycle and pedestrian safety and local systemic safety initiatives otherwise eligible for funding
through the Virginia Highway Safety Improvement Program established pursuant to § 33.2-373 and require that such
excess funds shall first be used for such purposes in highway work zones, school crossing zones, and high-risk speed
corridors prior to being used for such purposes in any other area
• Allow for the use of stop sign and pedestrian crossing cameras in school zones
15 `
Process & TimingImplementationfor
• We are on a month-to-month contract extension with our current
stop light camera vendor
• Once a vendor has been selected for the current RFP :
• Staged go-live based on Council direction
• Begin with stop light camera installation
• Should speed camera enforcement be selected, it is anticipated to take 4
months for site selection, permitting, and equipment installation
• 30-day warning period upon camera activation
16 VS
iW4
Council Direction
• Seeking direction from City Council on the desired scope of future
stop light and speed enforcement cameras
• Stop Light Enforcement Cameras
• School Zone Speed Enforcement Cameras
• Construction Zone Speed Enforcement Cameras
• Next Steps
• Draft Ordinance based on City Council Direction
• Stoplight enforcement
• School zone enforcement
• Construction zone enforcement — require briefing prior to implementation
17
6
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#76660
3:45 P.M.
Council Member Berlucchi advised he will have a District 3 Town Hall Meeting on February 2e, at 6:30
P.M., at the Kempsville Recreation Center. Council Member Berlucchi advised he will be joined by Mark
Bohenstiel who is the District 3 School Board Member.
February 18, 2025
7
CITY COUNCIL DISCUSSIONIINITMTIVES I COMMENTS
ITEM#76661
(Continued)
Council Member Berlucchi asked City Manager Duhaney if there will be accommodations made for the
homeless population in anticipation of winter storm Kingston and expected snowfall.
City Manager Duhaney confirmed with collaboration of community partners, the winter shelters will be
open and should those fill to capacity, there will be a limited number of hotel rooms and space available at
the Housing Resource Center. City Manager Duhaney advised this information is also being provided to
the public.
February 18, 2025
8
CITY COUNCIL DISCUSSIONIINITMTIVES/COMMENTS
ITEM#76662
(Continued)
Council Member Ross-Hammond advised since City Council authorized the new dedicated fundingfor arts,
over forty-one (41)grant applications have been submitted and believes this shows there has been a need
in the community.
February 18, 2025
9
AGENDA REVIEW SESSION
ITEM#76663
3:49 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
K. ORDINANCES I RESOL UTIONS
1. Resolution to AUTHORIZE an Amendment to the Term Sheet re redevelopment of Pembroke Mall
2. Ordinance to AUTHORIZE the acquisition of 40.89 +/- acres of property from the Frank S.
Fountain Revocable Trust re maintaining and preserving a forested natural area and wildlife
habitat in the Southern Rivers Watershed region
3. Resolution to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT
additional streets re Urban Maintenance Payments
4. Resolution to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT
corrections/deletions to the road inventory re Urban Maintenance Payments
5. Ordinance to APPROPRIATE $80,000 of fund balance from the Police Federal & State Seized
Assets Special Revenue Fund to the FY2024-25 Police Department Operating Budget re police
equipment
6. Ordinance to ACCEPT and APPROPRIATE$43,097from the Virginia Department of Behavioral
Health and Developmental Services to the FY2024-25 Human Services Operating Budget re
support the substance use disorders program
7. Ordinance to TRANSFER $40,000 from the General Fund Reserve to the FY2024-25 Virginia
Aquarium Operating Budget and AUTHORIZE a grant to the Virginia Aquarium Foundation re
fund a portion of the contract to study sustainable operating models
February 18, 2025
10
AGENDA REVIEW SESSION
ITEM#76663
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
L. PLANNING
1. 33rd STREET, LLC for a Street Closure re two (2) contiguous air rights parcels above 33rd '/
Street adjacent to 3300&3330 Pacific Avenue and 305 35`h Street DISTRICT 6
2. 33rd STREET,LLCfor a Special Exception for Alternative Compliance re construct a senior living
facility at 3330 Pacific Avenue, 3300 Pacific Avenue, 305 33rd Street,property east of 3300 Pacific
Avenue and property west of 305 33^d Street,DISTRICT 6
3. EVERGREEN VIRGINIA, LLC / EVERGREEN VIRGINIA, LLC & WINNER'S
PROPERTIES, LLC for a Modification of Conditions to a Conditional Use Permit re expand
existing dealership at 3700& 3736 Sentara Way DISTRICT 3
4. KNOSOS,LLC fora Conditional Changeof Zoning from AG-1 Agricultural to Conditional R-7.5
Residential re develop an eight-lot subdivision at a parcel south of 2832 Bald Eagle Road
DISTRICT 2
5. WESTVIEW PLAZA ASSOCIATES, LLC for a Conditional Change of Zoning from B-2
Community Business to Conditional A-24 Apartment District re develop a multi family residential
community at 6528& a portion of 6544 Indian River Road,parcel directly north & west of 6528
Indian River Road DISTRICT 1
6. VIBE 19,LLC for a Conditional Use Permit re short term rental at 1907 Cypress Avenue, Units
101-109, 200, & 300
7. Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan, 2016 re
the Urban Forest Management Plan, 2023, which will supersede the Urban Forest Management
Plan,2014(Deferred indefinitely from November 12, 2024)
L. PLANNING.
COUNCIL MEMBER REMICK FILED A DISCLOSURE FOR ITEMS#l, #2, #3 and#6
ITEM W WILL BE CONSIDERED SEPARATELY
ITEM#2 WILL BE CONSIDERED SEPARATELY
ITEM#3 WILL BE CONSIDERED SEPARATELY
February 18, 2025
11
ITEM#76664
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)
PUBLICLY-HELD PROPERTY:Discussion or consideration of the acquisition
of real property for public purpose;or of the disposition of publicly-held property,
where discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body pursuant to Section 2.2-
3 711(A)(3).
• Lake Gaston (Requested by City Manager)
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)
• Jackelope Festival(Requested by City Manager)
• Suburban Capital(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 18, 2025
12
ITEM#76664
(Continued)
Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council
voted to proceed into CLOSED SESSION at 3:53 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 3:53 P.M. — 4:05 P.M.
Closed Session 4:05 P.M. — 5:53 P.M.
February 18, 2025
13
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
FEBRUARYI8,2025
6:00 P.M.
Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City
Council Chamber, City Hall, on Tuesday, February 18, 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 OFAMERICA
CITY COUNCIL DISCLOSURES:
Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna
Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102,
Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of
Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest
in numerous matters in which she is not personally involved and of which she does not have personal
knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review the agenda for
each meeting of City Council for the purpose of identifying any matters in which she might have an actual
or potential conflict. If, during her review of the agenda for any given meeting of the Council,she identifies
a matter in which she has a 'personal interest," as defined in the Act, she will file the appropriate
disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly
makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record.
February 18, 2025
14
Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC,
("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers
and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters
in which he is not personally involved and has no personal knowledge. In that regard, he is always
concerned about the appearance of impropriety that might arise if he participates in a matter before the
City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that
interest. In order to ensure compliance with both the letter and the spirit of the State andLocal Government
Conflict of Interests Act (the "Act'), it is Council Member Remick's practice to thoroughly review the
agenda for each meeting of the City Council to identify any matters in which he might have an actual or
potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he
has a `personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will
file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council.
February 18, 2025
15
VI.F
CERTIFICATION
ITEM#76665
Upon motion Council Member Remick, seconded by Council Member Ross-Hammond, City Council
CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, 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 18, 2025
v�4 hc�
Ok '�
y
i =
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F Q R 0
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINL4 BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the
affirmative vote recorded in ITEM#76664 on Page 12 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.
4W
Ama a B nes, 14MC
City Clerk
February 18, 2025
16
ITEM— VI.G.1
MINUTES
ITEM#76666
Upon motion by Council Member Berlucchi, seconded by Council Member Schulman, City Council
APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of February 4,2025
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 18, 2025
17
ITEM— VI.G.2
MINUTES
ITEM#76667
Upon motion by Council Member Berlucchi, seconded by Council Member Schulman, City Council
APPROVED the MINUTES of the FORMAL SESSION of February 11,2025
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 18, 2025
18
ITEM— VI.H.l
MAYOR'S PRESENTATIONS
ITEM#76668
RESOL UTION IN RECOGNITION
GEORGE L."MBLE
On behalf of City Council, Council Member Ross-Hammond welcomed Ms. Otealia Kimble-Jennings and
read the Resolution commending her father,Mr. George L. Kimble,for his significant contributions to the
New Light community as a farmer who donated crops and his dedication in maintaining the unnamed dirt
road he lived on from 1936 until it was paved and later named "General Street". Mr. Kimble's service to
his community included teaching Sunday school, serving as the President of the Deacon Board, and
supporting the local cemetery and neighborhood. In response to Ms. Kimble-Jennings' request for a
posthumous honorary street sign in her father's memory, City Council directed the City Manager to erect
honorary "George L. Kimble Street"signs along General Street.
Ms. Kimble-Jennings expressed her appreciation to City Council for recognizing her beloved father who
provided her education and inspired her to become a teacher. Ms.Kimble-Jennings sang a song to express
her appreciation.
February 18, 2025
IA-8t q
so - rr
�F oUR N,,I%O
AHOLU1 UN
WHEREAS:George L.and Alcora Kimble were the parents of twelve children born in the New Light community,of which ten
survived;and
WHEREAS:the Kimble Family,in 1936,moved to a dirt road in the New Light community to settle the family on land they had
purchased,on a road with no name;and
WHEREAS:Mr. George L.Kimble and his children kept the road passable by collecting oyster shells to fill any potholes on that
dirt road for many years;and
WHEREAS:Mr.George L.Kimble had to walk each day to pick up mail from the only mailbox,then located on Indian River
Road;and
WHEREAS:Mr.George L.Kimble was a Sunday school teacher,the President of the Deacon Board for New Light Baptist
Church,and a member of the New Light Civic League;and
WHEREAS:Mr. George L.Kimble kept the weeds and the bushes pruned at the New Light Cemetery,and
WHEREAS:Mr. George L.Kimble was employed at the Norfolk Naval Air Station until he retired;and
WHEREAS:Mr.George L.Kimble visited the entire neighborhood in the New Light community to wish every family a Merry
Christmas and a Happy New Year;and
WHEREAS:as a farmer,he raised various types of vegetables and donated some of his crops to any family that he thought was in
need in the New Light community;and
WHEREAS:when the street was paved, the name, "General Street,"was given to their beloved dirt road,which was a great
disappointment to the entire Kimble family who had lived and cared for this dirt road for so many years and were not provided the
opportunity to have the family name assigned to the road,and
WHEREAS:the oldest daughter,Otealia Kimble Jennings,is a retired teacher,who was honored as first Black teacher to
integrate Courthouse Elementary School in the City,during segregation and integration,and who is still sharing her beautiful
voice and playing piano professionally,at age 93;and
WHEREAS:Otealia Kimble Jennings'student life story and photo are in the Virginia State University's 2023 Oral History book
in the Library of Congress, Washington,D.C.;and
WHEREAS:Otealia Kimble Jennings wishes to see her father, George L.Kimble,who paid for her college education and took
meticulous care of the dirt road,to receive posthumously,an honorary street sign in the New Light community;and
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINL9 BEACH, VIRGINL4:That the
City Council hereby designates General Street in the New Light Community in memory of George L.Kimble and his many
accomplishments in support of the New Light Community and hereby directs the City Manager to cause signs in honor of George
L.Kimble to be erected on street signs along General Street.
Given by the Council of the ' •of Virginia Beach, Virginia the 18'day of February 2025 and present this Resolution duly signed
by each
1M�ember aLthe Vi :nia Beach-6Wy Council.
_ oe
rn
z2i1 Member Michael F. erlucchi nc. ember S C mings Council Member Barbara M.H ley
z 41A-ZF'"A — nkV.&
Council Member David Hutcheson Council Me r Cal" as "Jackson-Green Council Member Robert Wr. "Worth"Remick
' A c 1!�
Council Member Dr.Amelia Ross-Hammond Co mci Member Jennifer V.Rouse Council Member Joashua F.Schulman
V:re Mayor ose�� Mayor Robert 0. "Bv y'Dyer
19
ITEM— VI.H.2
MAYOR'S PRESENTATIONS
ITEM#76669
RESOLUTION IN RECOGNITION
BLACKHISTORYMONTH
Council Member Rouse advised since the Resolution is being presented in celebration of Black History
Month and honors several of the City's first African Americans who served in in leadership positions, she
wanted to take a moment to clarify the difference between the two terms "African American"and "black,"
as they are used interchangeably in the Resolution. Council Member Rouses explained that "African
American"refers specifically to individuals of enslaved African ancestry living in the United States, while
"black"can include African Americans as well as people from other regions, such as the Caribbean, Haiti,
or Jamaica, who may not have a history tied to the enslavement of Africans but are still considered black.
On behalf of City Council, Council Member Rouse read the Resolution recognizing the significant
contributions ofAfrican Americans to the City's growth and development through their roles in overcoming
barriers to political,social,and economic progress.In alignment with the 2025 Black History Month theme,
"African Americans and Labor,"City Council honored the achievements of the following trailblazers and
encouraged continued efforts to celebrate and preserve African Americans'contributions to leadership and
the workforce in the city.
I'African American elected in Princess Anne County:
Honorable Willis Augustus Hodges— Virginia Constitution Convention and Board of Supervisors
I'African American elected Council Members since becoming chartered as City of Virginia Beach:
Honorable John Perry-Bayside District
Honorable Louisa Strayhorn -Kempsville District
Honorable Dr.Amelia Ross-Hammond,African,African American-Kempsville District
I'African American appointed Judges:
Honorable Robert Franklin Hagans,Jr. - Virginia Beach General District Court
Honorable Teresa Hammon- Virginia Beach General District Court
Honorable Woodrow Lewis,Jr. - Virginia Beach Juvenile Domestic Relations District Court
Honorable Ramona Taylor- Virginia Beach Juvenile and Domestic Relations District Court
Honorable Kevin M. Duffan- Virginia Beach Circuit Court
Honorable Tanya Bullock- Virginia Beach Circuit Court
P African American City Manager
Patrick Duhaney, City Manager
P African American Deputy Chief of Police
John L. Bell,Jr.
February 18, 2025
20
ITEM— VI.H.2
MAYOR'S PRESENTATIONS
ITEM#W 69
(Continued)
Honorable Judge Bullock expressed she is humbled and honored to be recognized, especially during the
celebration of Black History Month. Honorable Judge Bullock advised this moment is not just a reflection
of the journey but the collective struggles and triumphs of black people along their path to equality and
justice which has been long and difficult. This month serves s as a reminder of the incredible contributions
that African Americans have made throughout history, expressing her gratitude to stand alongside those
who continue to pave the way for future generations and continue building a future where all voices are
heard, valued and celebrated.
Commander Arnetta Spikes (U.S. Navy, retired) expressed her appreciation to City Council for the
Resolution honoring the distinguished African Americans who contributed greatly to the City's history.
February 18, 2025
��Op OUR NKn 0 "�
RESOLUTION
WHEREAS:The City of Virginia Beach has a rich history ofgrowth and development,shaped by the diverse contributions of its citizens,including
African Americans who have played an integral role in the success of the community;and
WHEREAS:African Americans in Virginia Beach have overcome historical and systematic barriers to contribute significantly to the political,social,
and economic advancement of the City,especially through leadership positions and public service;and
WHEREAS.The trailblazing efforts of the first African Americans elected and appointed to leadership roles have created opportunities for future
generations of African American citizens to pursue careers in public service and leadership;and
WHEREAS:The 2025 Black History Month theme, "African Americans and Labor",highlights the invaluable contributions of African Americans to
labor movements and leadership roles,which have been crucial in shaping the nation's workforce and ensuring the dignity and rights of all workers;
and
WHEREAS:The leadership of these individuals has demonstrated the power of collective action and the importance of equal representation in the
public sector,as they have advanced policies and initiatives that reflect the diversity,needs,and aspirations ofall residents of Virginia Beach;and
WHEREAS.The f rst African Americans elected and appointed to leadership roles in Virginia Beach have paved the way for greater civic engagement
and equal opportunity for all members of the community,serving as role models for future generations of leaders,regardless of race,ethnicity,or
background;and
WHEREAS:The legacy of these leaders,in alignment with the Black History Month theme, African Americans and Labor,"serves as a reminder of the
importance of labor and leadership in the creation ofjust,equitable,and thriving communities;and
WHEREAS:It is important to formally acknowledge the groundbreaking achievements of the following African Americans,whose leadership in the City
of Virginia Beach has paved the way for continued progress:
1#African American elected in Princess Anne County:
Honorable Willis Augustus Hodges—Virginia Constitution Convention and Board of Supervisors
1"African American elected Council Members since becoming chartered as City of Virginia Beach:
Honorable John Perry-Bayside District
Honorable Louisa Strayhorn-Kempsville District
Honorable Dr.Amelia Ross-Hammond,African,African American-Kempsville District
P"African American appointed Judges:
Honorable Robert Franklin Hagans,Jr.-Virginia Beach General District Court
Honorable Teresa Hammons-Virginia Reach General District Court
Honorable Woodrow Lewis,Jr.-Virginia Beach Juvenile Domestic Relations District Court
Honorable Ramona Taylor-Virginia Beach Juvenile and Domestic Relations District Court
Honorable Kevin M.Duffan-Virginia Beach Circuit Court
Honorable Tanya Bullock-Virginia Beach Circuit Court
P`African American City Manager
Patrick Duhaney,City Manager
P`African American Deputy Chief of Police
John L.Bell,Jr.
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINLI BEACH,VIRGINIA:That the City Council hereby
honors and celebrates the achievements of these individuals and encourages ongoing efforts to preserve and highlight the contributions of African
Americans in the labor,force and leadership positions,emphasizing the theme of African Americans and Labor"during Black History Month and
throughout the year.
Given by the Council of the City o i ginia h, Virginia the I ffh day of February 2025 and present this Resolution duly signed by each Member of the
Virginia Beach City Co il.
ou cil Me er Michael F Berlucchi 4u, tuber Stacy C ,'mings Counetl Member Barbara M. enley
W N _ �_ Li
( unctl Member 1 vid lutcheson Council Member d"Cash . ckson-Green Council Member Robert W "Worth"Remick
A.
Council Member Dr.Amelia Ross-Hammond ouIember Jennifer V.Rouse Council Member Joashua F Schulman
Vice Mayor Ro emaryIson fayor Rober -1, 'Bo/ y"Dyer
21
ITEM— VZLI
PUBLIC HEARINGS
ITEM#76670
Mayor Dyer DECLARED a PUBLIC HEARING:
CHANGE THE POLLING LOCATION FOR PRECINCT 0016 AND
REQUEST A WAVIER TO ADMINISTER A SPLIT PRECINCT FOR 0069
There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING
February 18, 2025
22
ITEM— 117L2
PUBLIC HEARINGS
ITEM#76671
Mayor Dyer DECLARED a PUBLIC HEARING:
FEDERAL AGENCY TO BE GRANTED A LICENSE TO A PORTION OF
CITYPROPERTY
4535 Commerce Street inside the telecommunications room and under the spire
atop the Westin Tower
There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING
February 18, 2025
23
ITEM— VI.J
FORMAL SESSION AGENDA
ITEM#766 72
Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the
City Clerk will call the speaker and they will be given a total of six(6)minutes to speak on all items.
The City Clerk called the following to speak.-
Lou Rosario, 932 Southmoor Drive,Phone: 749-1479, spoke in OPPOSITION of Ordinance K.2
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED,BY CONSENT,Agenda Items Ordinances K. 1, 2,3, 4, 5, 6 and 7 and Planning Items L:
4, 5, 6 and 7
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
L. PLANNING:
COUNCIL MEMBER REMICK FILED A DISCLOSURE FOR ITEMS#l, #2, #3 and#6
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#2 WILL BE CONSIDERED SEPARATELY
ITEM#3 WILL BE CONSIDERED SEPARATELY
February 18, 2025
24
ITEM— VI.KI
ORDINANCES/RESOL UTIONS
ITEM#76673
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
ADOPTED, BY CONSENT, Resolution to AUTHORIZE an Amendment to the Term Sheet re
redevelopment of Pembroke Mall
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 18, 2025
1 RESOLUTION APPROVING AN AMENDMENT
2 TO THE TERM SHEET RELATING TO THE
3 REDEVELOPMENT OF PEMBROKE MALL
4
5 WHEREAS, Pembroke Square Associates, LLC, a Virginia limited liability company
6 ("Developer") owns approximately 29 acres of the Pembroke Mall complex (the "Mall")
7 and has developed a multi-phased plan to transform the majority of the Mall into a new
8 mixed-use, multi-level development with senior housing, a hotel, apartments, structured
9 parking, and retail (the "Project');
10
11 WHEREAS, Developer proposes that the City, through the City of Virginia Beach
12 Development Authority (the "Authority"), acquire a 582+/- space parking garage as part of
13 Phase II (the "Phase II Garage") and a 209+/- space parking garage as part of Phase III
14 (the "Phase III Garage" and collectively, the "Garages"). All other elements of the Project
15 would be privately owned;
16
17 WHEREAS, on July 3, 2024 and July 16, 2024, City Council and the Authority
18 each respectively approved a term sheet reflecting the rights and responsibilities of the
19 parties for the development of the Project (the "Term Sheet') and authorized the
20 development of the definitive project documents (the "July 2024 Approval");
21
22 WHEREAS, in addition to the actual design and construction cost of the
23 Garages, the Authority agreed to pay up to $2,750 for each space for construction loan
24 interest attributable to the construction of the Phase II or Phase III Garage, as
25 applicable;
26
27 WHEREAS, the Developer has also requested the establishment of a special
28 service district ("SSD") similar to that at Town Center, which would be established by
29 separate action of City Council;
30
31 WHEREAS, the parties anticipated requesting City Council establish the initial
32 rate of the SSD at $0.45 per$100 of assessed value of real estate;
33
34 WHEREAS, given changes in interest rates, the amount of construction loan
35 interest anticipated to be applicable to each of the Garages has increased since July
36 2024, and Developer has requested an increase in the maximum amount of
37 construction loan interest attributable to each parking space acquired by $1,720 for a
38 total of$4,470 interest per space;
39
40 WHEREAS, to finance these increased costs, the parties have agreed to request
41 that City Council consider an increase to the initial rate of the SSD to $0.47 per $100 of
42 assessed value of real estate;
43
44 WHEREAS, staff and Developer have revised the Term Sheet to reflect the
45 amended terms, as shown on Exhibit A attached hereto (the "Amended Term Sheet');
46 WHEREAS, the obligations of the Authority outlined in the Amended Term Sheet
47 would be supported by a support agreement between the City and the Authority (the
48 "Support Agreement");
49
50 WHEREAS, the Support Agreement obligations would be structured to be paid,
51 subject to annual appropriation, using real estate taxes generated at the Project, with
52 the proposed SSD funds serving as an initial backstop for any shortfalls;
53
54 WHEREAS, on February 11, 2025, the Authority approved the Amended Term
55 Sheet, subject to approval by City Council;
56
57 WHEREAS, the City Council finds that the Project will stimulate the City's
58 economy, increase public revenues, enhance public amenities and further the City's
59 development objectives for the Pembroke area of the City; and
60
61 WHEREAS, the City Council desires that the Authority authorize the execution of
62 definitive project documents in substantial conformity with the terms outlined in the
63 Amended Term Sheet, including, but not limited to a development agreement and the
64 Support Agreement (collectively, the "Definitive Project Documents").
65
66 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
67 VIRGINIA BEACH, VIRGINIA:
68
69 1. That City Council hereby approves the Amended Term Sheet between the
70 Authority and the Developer, a copy of which is attached hereto as Exhibit A and made
71 a part hereof.
72
73 2. That the City Council authorizes the execution of the Definitive Project
74 Documents so long as such documents are in substantial conformity with the terms set
75 forth in the Amended Term Sheet and such other terms, conditions or modifications as
76 may be acceptable to the City Manager and in a form deemed satisfactory by the City
77 Attorney.
78
79 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day
80 of February 2025.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
and Community Development City Attorney
CA16705
\\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d024\p045\01021073.doc
February 6, 2025
R-1
2/18/254
EXHIBIT A
PEMBROKE MALL REDEVELOPMENT
IAMENDED TERM SHEET
Staff of the City of Virginia Beach (the "City") and the City of Virginia Beach
Development Authority (the "Authority") were approached by Pembroke Square Associates and
its affiliates (the "Developer") about public participation in the redevelopment of portions of the
existing Pembroke Mall. Pembroke Square Associates owns the Pembroke Mall and intends to
replace portions of the existing indoor retail and surface parking with a multi-phased project that
will expand the commercial tax base in the City and provide additional amenities for the citizens
of Virginia Beach.
As set forth below, the Developer proposes the development of a mixed-use development
project consisting of senior housing, multifamily residential, retail, hotel, and parking uses. The
Developer has requested the Authority and the City to publicly participate in the Project (further
defined below)primarily in the form of the acquisition of structured parking facilities. In addition,
the Developer has requested the establishment of a special service district (as further described
below, the "SSD") to offset certain costs related to the public parking facilities and to provide
enhanced services within the project area. These forms of participation will allow the Developer
to address public parking needs, provide public amenities and dramatically enhance the density
and quality of development, consistent with the City's goals in the Town Center area of Virginia
Beach.
This Term Sheet is an outline of terms. Moreover,this Term Sheet is not,nor is it intended
to be, an offer, an acceptance, or a binding agreement of any kind. To the contrary, this Term
Sheet is only a summary of the basic terms of a possible transaction, which may be agreed in
principle only. Although this Term Sheet identifies many of the material issues, any possible
transaction is complex and issues may arise during preparation and negotiation of definitive
documentation that have not been discussed in this Term Sheet. Accordingly, legal obligations
among the parties will only be as specified in any definitive agreements that ultimately may be
approved by City Council, the Authority's Board of Commissioners and the Developer's
principals,and executed by all of the parties. Any and all obligations of the City and the Authority
are subject to appropriation of sufficient funds to meet those obligations by the City Council of the
City of Virginia Beach. Additionally, none of the parties to this Term Sheet are under any
obligation or duty to attempt to negotiate a transaction or any related documentation or, if such
negotiations commence, to continue such negotiations. Nonetheless, by approving this Term
Sheet, each party indicates its belief that this Term Sheet can form the basis for a transaction and
their respective willingness to commence negotiation and preparation of definitive documentation
toward that end.
1
I 2/18/254
Proiect Description: The project will be constructed in three(3)phases(described below)
on approximately 5.273 acres of property currently owned by Developer and operated as Pembroke
Square (the "Property"). The Developer intends to construct a mixed-use development project
containing multiple buildings and use categories generally as described below. The Project will
involve demolition of portions of the existing indoor mall, some surface parking and certain
existing outbuildings. The following elements will constitute the "Project", with all numbers
approximated and subject to refinement:
a. Phase I: a 7-story, 153-unit senior living community in what was formerly surface
parking at the northeastern corner of the Pembroke Square. Phase I will be supported by
surface parking. The Developer's anticipated investment is approximately$64,300,000.
b. Phase II. a 7-story multi-use structure with approximately 35,000 square feet of
ground floor retail and 6 levels of apartments with 272 market rate units. There will also
be a 7-story parking garage ("Phase 11 Garage") adjacent to the multi-use structure
consisting of approximately 611 spaces. Phase II will be in the area that is formerly the
central area of the Pembroke Mall. Developer's anticipated investment in Phase II is
approximately$2,500,000 for the retail and approximately$68,600,000 for the apartments.
The anticipated public investment in the parking in Phase II is approximately$18,330,000
plus a portion of the SSD monies per Section 3(b) below. Phase II will be a multi-unit
condominium with each element of the Phase a separate condominium unit.
c. Phase III. A 7-story hotel, parking garage, and restaurant. The ground floor will
be a restaurant, 2 levels of parking garage, and 4 levels of hotel. The parking garage(the
"Phase III Garage" and collectively with the Phase 11 Garage, the "Garages")will consist
of approximately 134 spaces and the 4 levels of hotel will consist of approximately 163
rooms.In addition to the structured parking,there will be approximately 29 surface parking
spaces around and in the immediate vicinity of the Phase III structure. Phase III will be
adjacent to Virginia Beach Boulevard where the SunTrust/Truist bank was formerly
located. Developer's anticipated investment in Phase III is approximately $31,883,000.
The public investment in the parking is Phase III is anticipated to be approximately
$4,020,000 plus a portion of the SSD monies per Section 3(b)below. Phase III will also
be a multi-unit condominium with each element of the Phase a separate condominium unit.
2. Developer Obligations.
a. The Developer will construct,or cause to be constructed,all elements of the Project.
All components above are subject to mutual collaborative refinement.
b. Developer acknowledges that its proposed private investment, and the proposed
uses in the Project are the basis for the level of financial support offered by the Authority.
Material deviations in investment or form resulting in a reduction of Developer's private
investment could require the public investment be likewise reduced. Alternatively, any
2
2/18/256,124/24
increase in Developer's private investment could result in the public investment likewise
being increased.
c. The Developer's construction of the Project shall comply with the City Council's
Small Business Enhancement Program. In addition,the Developer acknowledges the City
Council's 12%minority subcontractor goal and will work with the City to identify and use
minority subcontractors to the extent commercially reasonable. (Please provide a copy of
the City's Small Business Enhancement Program.)
3. City/Authority Participation.
a. To satisfy the expressed need for additional public parking, the Developer
shall construct and sell to the Authority,and the Authority shall purchase each Garage from
the Developer at the completion of the applicable Phase. Each Garage to be purchased
pursuant to a condominium parking unit purchase agreement in form and substance
mutually satisfactory to the City and the Developer.On completion of construction of each
Garage,the Authority will acquire the Garage for$30,000 per space, inclusive of all hard
and soft costs except as set forth in Section 3(b) below. In addition to the $30,000 per
space, the City will also pay up to $2-,7-504,470 per space for construction loan interest
incurred by Developer during and attributable to the construction of the Garages. The City
shall have the option of paying construction costs of the Garages prior to completion to
reduce interest incurred during construction, provided, any such payments shall be
applicable to the purchase price of the applicable Garage upon completion. The Garages
shall be free and open to the public for a period of 30 years from the date each Garage
opens. The Authority shall grant to the Developer a mutually agreeable parking license
wherein the Developer, or its successors and assigns, shall have the exclusive right to use
a designated number of parking spaces throughout the Project, with the locations and cost
of such Parking License to be established in the development documents.
b. The Developer shall agree that the Project will be subject to a special assessment
established pursuant to a Special Services District("SSD"). The initial amount of the SSD
is anticipated to be an additional $0.45-47 to the real estate tax rate. It is anticipated that
(1) $5,500,000 of the SSD monies will be used to pay for costs of the Garages in excess of
$30,000 per space, including a total of$1,500,000 in design/soft costs for the Garages
currently allocated as follows: (a) $860,000 for Phase II and (b) $640,000 for Phase III.
Included in the $1,500,000 design/soft costs shall be a development fee for the Garages
and (II) $1,281,400 of the SSD monies will be used to pay for up to $1 720 in actual
construction loan interest for each parking space in the Garages. The remainder will pay
for certain enhanced services at the Project, and for maintenance and upkeep of the
Garages. The SSD rate will be set by City Council after consultation with the Developer
during the pre-development period described below.
3
2/18/256,124/24
C. All obligations of the City and Authority to be expressly subject to the City Council
appropriating sufficient funds to the Authority to meet its obligations.
4. Guaranty of Assessed Value:
As set forth in Section 3 above,the City/Authority intends to finance the cost of the Garages
with (i) real estate and hotel taxes generated at the Project and (ii) a portion of the SSD
monies. It is possible that the City/Authority will experience a loss of certain of the
material benefits of its bargain under the Project(including,without limitation, a material
reduction of anticipated tax revenues)if the private elements of the Project do not yield the
anticipated assessed values, or if the Phases are not complete within the timeframes set
forth below in Section 5. In consideration of such potential loss,Developer shall cause the
entities owning the projects to pay a reimbursement amount(the"RA Amount")sufficient
to restore any shortfall in actual taxes to the amounts projected(based on the existing real
estate tax rate). The RA Amount will be secured on terms and in a form acceptable to the
City/Authority. (Please provide a copy of the reimbursement guaranty and there should be
separate guaranties for each project.)
5. Proposed Timeline:
a. Phase I is in progress and anticipated to be complete by Fall 2024.
b. Phase 11 to commence construction within 16 months of approval of Project by
City Council. Completion within 26 months thereafter.
c. Phase III to commence construction within 16 months of approval of Project by
City Council. Completion within 24 months thereafter.
6. Next Steps
a. Public briefing of revised Term Sheet
b. Public Comment and City Council and Authority vote on Term Sheet and
authorization to execute Definitive Documents.
4
25
ITEM— VI K.2
ORDINANCES/RESOL UTIONS
ITEM#76674
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of 40.89 +/- acres of property
from the Frank S. Fountain Revocable Trust re maintaining and preserving a forested natural area and
wildlife habitat in the Southern Rivers Watershed region
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 18, 2025
1 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF
2 40.89 +/- ACRES OF PROPERTY LOCATED ALONG WEST
3 NECK ROAD FROM THE FRANKS. FOUNTAIN REVOCABLE
4 TRUST
5
6 WHEREAS, the Revocable Trust of Frank S. Fountain ("Trust")owns approximately
7 40.89 acres of forested and undeveloped land located along West Neck Road in the City of
8 Virginia Beach ("Property");
9
10 WHEREAS, Nancy E. Fountain, Trustee of the Trust ("Trustee"), desires to convey
11 the Property to the City of Virginia Beach ("City") for $1,569,300;
12
13 WHEREAS,funding forthe acquisition is available in the Southern Rivers Watershed
14 Site Acquisition Program, CIP 100511;
15
16 WHEREAS, the Trustee has agreed to convey the Property to the City in accordance
17 with the Summary of Terms attached hereto as Exhibit A and incorporated herein; and
18
19 WHEREAS, the City Council finds that it is in the best interests of the City to acquire
20 the Property in accordance with the Summary of Terms.
21
22 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 1. That the City Council authorizes the acquisition of the Property by purchase
26 pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended.
27
28 2. That the City Manager or his designee is further authorized to execute all
29 documents that may be necessary or appropriate in connection with the purchase of the
30 Property, in accordance with the Summary of Terms attached hereto as Exhibit A, and
31 including such other terms, conditions and modifications as may be acceptable to the City
32 Manager and in a form deemed satisfactory by the City Attorney.
33
34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day
35 Of February , 2025.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL
SUFFICIENCY
S ;P_���xY�
P blic Works /lReal Estate C Atto ,e
APPROVED AS TO AVAILABILITY
CA16589 OF FUNDS:
\\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d007\p052\01004858.doc
R-1
February 5, 2025
Finance
EXHIBIT A
SUMMARY OF TERMS
SELLER: Frank S. Fountain Revocable Trust
BUYER: City of Virginia Beach
PROPERTY: 40.89+/- acre parcel (GPIN: 2403-14-3367)
CONSIDERATION: $1,569,300
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.
• 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. The Agreement may be terminated prior to the end of the
study period upon written notice to the Seller.
• Settlement will be within 30 days after expiration of the study period, or as soon
thereafter as is practicable but in no event later than April 11, 2025.
• Seller shall pay its own attorney's fees and costs.
• City shall bear the costs of obtaining a title report and preparation of closing
documents.
• The Seller's brokerage fee will be paid by the Seller. The City is not responsible for
any brokerage fee.
26
ITEM— VI.K.3
ORDINANCES/RESOLUTIONS
ITEM#76675
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
ADOPTED,BYCONSENT,Resolution to REQUEST the Virginia Department of Transportation(VDO7)
to ACCEPT additional streets re Urban Maintenance Payments
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 18, 2025
1 A RESOLUTION REQUESTING THE VIRGINIA
2 DEPARTMENT OF TRANSPORTATION TO ACCEPT
3 ADDITIONAL STREETS FOR URBAN
4 MAINTENANCE PAYMENTS
5
6 WHEREAS. the Virginia Department of Transportation requires a City Council
7 resolution prior to accepting additional streets for urban maintenance payments; and
8
9 WHEREAS, the 0.92 (Local/Collector) lane miles of streets listed on Exhibit A
10 (attached) have been constructed in accordance with standards established by the
11 Virginia Department of Transportation; and
12
13 WHEREAS. the City of Virginia Beach has accepted and agreed to maintain these
14 streets; and
15
16 WHEREAS, a representative from the Virginia Department of Transportation has
17 inspected and approved these streets.
18
19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA-
21
22 That City Council hereby requests the Virginia Department of Transportation to
23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference, and
24 to begin paying urban maintenance payments to the City of Virginia Beach based on the
25 established rate.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 t h day of
February 2025.
PROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY:
F
epartme "o' f Public Works --city Attorney's Office
CA 16811
R-1
January 29, 2025
City of Virginia Beach
Exhibit A - New Streets Public Works/Operations
New Street
Street T�°pe STREET FROM 1 DLANE MIL99,
Al GI A4IWID61 ( I GMBRUGERU DIAD END 0.92
Total Lane Miles of LOCAL streets: 0,22
Total Lane Miles of New Street: 0,92
Thursday,December 5,2024 Page 1 of 1
27
ITEM— VIX 4
ORDINANCES/RESOLUTIONS
ITEM#766 76
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
ADOPTED,BY CONSENT,Resolution to REQUEST the Virginia Department of Transportation(VD O7)
to ACCEPT corrections/deletions to the road inventory re Urban Maintenance Payments
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 18, 2025
1 A RESOLUTION REQUESTING THE VIRGINIA
2 DEPARTMENT OF TRANSPORTATION TO
3 ACCEPT CORRECTIONS/DELETIONS TO THE
4 ROAD INVENTORY FOR URBAN MAINTENANCE
5 PAYMENTS
6
7 WHEREAS, the Virginia Department of Transportation requires a City Council
8 resolution prior to accepting corrections or deletions to the revised road inventory for
9 urban maintenance payments;
10
11 WHEREAS, City personnel have reviewed the revised road inventory prepared by
12 the Virginia Department of Transportation and have determined that some inaccuracies
13 exist;
14
15 WHEREAS, corrections to the revised road inventory have been made as shown
16 on Exhibit B (attached).
17
18 WHEREAS, a representative from the Virginia Department of Transportation has
19 inspected and approved corrections.
20
21 NOW; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23
24 That City Council hereby requests the Virginia Department of Transportation to
25 accept the corrections listed on Exhibit B, attached hereto and incorporated by reference,
26 and to begin paying urban maintenance payments to the City of Virginia Beach based on
27 the established rate.
Adopted by the Council of the City of Virginia Beach, Virginia, on the'8 t h day of
February 2025,
Ar PROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Aartmen'i)7 ublic Works i y A rney's ffice
CA16814
R-1
February 6, 2025
City of Virginia Reach
Exhibit B - Changes Public Works,Operations
Additions/Replaced deletions
Street Ty pe STREET FROM TO LANE MILES
LOCAL CHELSEA CT RICHARDSON RD S CUL DE SAC 0.05
LOCAL DR DICROCE BOULEVARD BUCKNER BLVD DR.DICROCE BOULEVARD 0.08
LOCAL DR.DICROCE BOULVARD COMMUNITY COLLEGE PL FACULTY BLVD 1.24
Total Lane Miles of LOCAL streets: 1.37
Total Lane Miles of Additions/Replaced deletions: 1.37
Deletions/To be replaced
StreetTpe STREET FROM TO LANE MILES
LOCAL MICHAEL LA BOUVE DR BUCKNER BLVD MICHAEL LA BOUVE DR -0.08
LOCAL MICHAEL LA BOUVE DR COMMUNITY COLLEGE PL FACULTY BLVD -1.24
LOCAL ZAMANI CT RICHARDSON RD W CUL DE SAC -0,05
Total Lane Miles of LOCAL streets: -1.37
Total Lane Miles of Deletions/To be replaced: -1.37
A
Thursday,December 5,2024 Page 1 of I
28
ITEM— VI.K.5
ORDINANCES I RESOL UTIONS
ITEM#76677
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
ADOPTED, BY CONSENT, Ordinance to APPROPRUTE $80,000 of fund balance from the Police
Federal & State Seized Assets Special Revenue Fund to the FY2024-25 Police Department Operating
Budget re police equipment
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 18, 2025
1 AN ORDINANCE TO APPROPRIATE $80,000 OF FUND
2 BALANCE IN THE POLICE FEDERAL & STATE SEIZED
3 ASSETS SPECIAL REVENUE FUND FOR POLICE
4 EQUIPMENT
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 1. That $80,000 is hereby appropriated, with revenues increased accordingly, from
10 the fund balance of the Police Federal & State Seized Assets Special Revenue
11 Fund to the FY 2024-25 Police Department Operating Budget for police equipment.
12
13 2. The City makes no commitment to replace any equipment purchased with these
14 funds.
Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of
February 2025.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
J, A Jk A
Budget an anagement Services ttorney's Office
CA16812
R-1
February 3, 2025
29
ITEM— VI.K.6
ORDINANCES/RESOL UTIONS
ITEM#76678
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRL9TE $43,097 from the Virginia
Department of Behavioral Health and Developmental Services to the FY2024-25 Human Services
Operating Budget re support the substance use disorders 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 18, 2025
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS
2 TO SUPPORT SUBSTANCE USE PROGRAMS
3
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA, THAT:
6
7 $43,097 is hereby accepted from the Virginia Department of Behavioral Health and
8 Developmental Services and appropriated, with revenue increased accordingly, to the FY
9 2024-25 Operating Budget of the Department of Human Services to support the Virginia
10 Beach Department of Human Services substance use disorders program.
Adopted by the Council of the City of Virginia Beach, Virginia on the 18 th day
Of February 2025.
Requires an affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
&-Alm
Budget and Management Services City Attorney's Office
CA16813
R-1
February 5, 2025
30
ITEM— VI X 7
ORDINANCES/RESOL UTIONS
ITEM#766 79
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
ADOPTED, BY CONSENT, Ordinance to TRANSFER $40,000 from the General Fund Reserve to the
FY2024-25 Virginia Aquarium Operating Budget and AUTHORIZE a grant to the Virginia Aquarium
Foundation refund a portion of the contract to study sustainable operating models
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 18, 2025
1 AN ORDINANCE TO TRANSFER FUNDS FROM THE
2 RESERVE FOR CONTINGENCIES AND TO AUTHORIZE A
3 GRANT OF $40,000 TO THE VIRGINIA AQUARIUM
4 FOUNDATION
5
6 WHEREAS, on September 3, 2024, City Council approved an ordinance directing
7 the City Manager to collaborate with the Virginia Aquarium Foundation on a long-term
8 plan for sustainability regarding operational efficiency, the condition of the facility and
9 exhibits, and seeking state and federal funding opportunities for the Virginia Aquarium;
10
11 WHEREAS, the Virginia Aquarium Foundation has requested the City financially
12 participate in the cost of a contract to study sustainable operating models;
13
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA, THAT:
16
17 1. $40,000 is hereby transferred from the General Fund Reserve for
18 Contingencies to the Operating Budget of the Virginia Aquarium.
19
20 2. A grant of $40,000 is hereby authorized for the Virginia Aquarium Foundation
21 to fund a portion of the contract to study sustainable operating models.
Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day
Of February , 2025.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services ney's bffice
CA16815
R-1
February 6, 2025
31
ITEM— VI.L.l
PLANNING ITEMS
ITEM#76680
The following registered to speak.-
Eddie Bourdon, 4429 Bonney Road#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT
Bill Kausch, 316 34`h Street, Phone: 837-1164, spoke in OPPOSITION
James Wescott, 316B 34`h Street, Phone: 771-1126, spoke in OPPOSITION
Susan Reed, 312 34`h Street, Phone: 353-0200, declined to speak
Carolyn Conner, 3310 Arctic Avenue, Phone: 373-5468, declined to speak
David Jester, 308 35`h Street, Phone: 437-1677, spoke in SUPPORT
Upon motion by Council Member Remick, seconded by Council Member Berlucchi, City Council
APPROVED, AS CONDITIONED, application of 33rd STREET, LLC for a Street Closure re two (2)
contiguous air rights parcels above 33rd %Street adjacent to 3300 & 3330 Pacific Avenue and 305 35`h
Street DISTRICT 6
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
33rd STREET,LLC for a Street Closure re two (2) contiguous air rights
parcels above 33rd%Street adjacent to 3300& 3330 Pacific Avenue and
305 35`h Street DISTRICT 6
The following conditions shall be required:
1. The City Attorney's Office shall make the final determination regarding ownership of the
underlying fee. The purchase price to be paid to the City shall be determined according to
the "Policy Regarding Purchase of City's Interests in Street Pursuant to Street Closures,"
approved by City Council.
2. The applicant, or the applicant's successors and assigns, shall resubdivide the property
and vacate internal lot lines to incorporate the closed area into the adjoining lots. The
resubdivision plat must be submitted and approved for recordation prior to the final street
closure approval.
3. The applicant shall verify that no private utilities exist within the right-of-way proposed
for the closures. If private utilities do exist, easements satisfactory to the utility company,
must be provided and shall be recorded after the final resubdivision plat is recorded with
the Clerk of Circuit Court.
4. The applicant shall dedicate four(4)feet of right-of-way width along the entire 250 linear
feet of the five (5) lots on the southern side of the alley to create a twenty-four (24)foot
wide right-of-way. This dedication shall include reservations of the owners'air rights for
both Air Rights Parcel `A'and Air Rights Parcel `B'.
February 18, 2025
32
ITEM— VI.L.I
PLANNING ITEMS
ITEM#76680
(Continued)
5. The applicant shall replace approximately 300 linear feet of existing sewer main within
33'd Y2 Street,from the manhole located westerly of the intersection of 33'd Y2 Street and
Pacific Avenue, which has been assigned the unit ID number of "003-205-M," to the
manhole located southerly from the south-west corner of 312 34M Street, which has been
assigned the unit ID number of "003-271-M," to the satisfaction of the Public Utilities
Department.
6. The applicant shall encase the replacement sewer main with a steel sleeve under all
portions of the Air Rights Parcels, extending twenty (20)feet on both sides past the Air
Rights Parcels, to the satisfaction of the Department of Public Utilities.
7. Closure of the right-of-way shall be contingent upon compliance with the above stated
conditions within 24 months of approval by City Council.If the conditions noted above are
not accomplished and the final plat is not approved for recordation within one year of the
City Council vote to close the rights-of-way this approval shall be considered null and
void.
This Ordinance shall be effective in accordance with Section 107(t) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18`h day of February Two
Thousand Twenty Five.
Voting: 10- 1
Council Members Voting Aye:
Michael F.Berlucchi, Stacy Cummings,Mayor Robert M.Dyer,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 Voting Nay:
Barbara M. Henley
Council Members Absent:
None
February 18, 2025
,..ri Wwwwk.
1 ORDINANCE APPROVING APPLICATION OF 33RD
2 STREET LLC FOR THE CLOSURE OF TWO
3 CONTIGUOUS AIR RIGHTS PARCELS LOCATED
4 ABOVE 33RD '/2 STREET ADJACENT TO 3330 & 3300
5 PACIFIC AVENUE AND 305 33RD STREET
6
7 WHEREAS, 33Id Street L.L.C., a Virginia limited liability company (the
8 "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, to have the
9 hereinafter described air rights parcels above an improved public right-of-way
10 discontinued, closed, and vacated; and
11
12 WHEREAS, it is the judgment of the Council that said air rights parcels above the
13 public right-of-way be discontinued, closed, and vacated, subject to certain conditions
14 having been met on or before twenty-four (24) months from City Council's adoption of
15 this Ordinance.
16
17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
18 Beach, Virginia:
19
20 SECTION 1
21
22 That the hereinafter described air rights parcels above an improved portion of
23 right-of-way (the "Right-of-Way") be discontinued, closed and vacated, subject to certain
24 conditions being met on or before twenty-four (24) months from City Council's adoption
25 of this ordinance:
26
27 ALL THAT certain piece or parcel of land situate, lying and being
28 in the City of Virginia Beach, Virginia, designated and described as
29 "PROPOSED CLOSURE OF AIR RIGHTS PARCEL `A' 16.5'
30 ABOVE A 20' X 72.5' PORTION OF 33RD 1/2 ST, shown as the
31 shaded area on that certain exhibit plat entitled: "EXHIBIT `A'
32 SHOWING AIR RIGHTS PARCEL `A' PROPOSED FOR
33 CLOSURE ABOVE A 20' BY 72.5' (1 ,450 SF) PORTION OF 33RD
34 '/2 STREET EXTENDING VERTICALLY 146' CONTIGUOUS WITH
35 LOTS 2 AND 12 AND PORTIONS OF LOTS 3 AND 13, BLOCK
36 107, VIRGINIA BEACH DEVELOPMENT COMPANY (M.B. 4, PG.
37 266; M.B. 5, PG. 103; M.B. 5, PART 2, PAGE 151), dated October
38 30, 2024, prepared by Timmons Group, a copy of which is
39 attached hereto as Exhibit A.
40 and
41 ALL THAT certain piece or parcel of land situate, lying and being
42 in the City of Virginia Beach, Virginia, designated and described as
43 "PROPOSED CLOSURE OF AIR RIGHTS PARCEL `B' 40'
44 ABOVE A 20' X 24' PORTION OF 33RD 1/2 ST, shown as the
45
46 NO GPIN (Right-of-Way)
47 Adjacent GPINs: 2418-93-9083, 2428-02-0963, 2428-02-0835, and 2418-92-9868
48 shaded area on that certain exhibit plat entitled: "EXHIBIT 'B'
49 SHOWING AIR RIGHTS PARCEL `B' PROPOSED FOR
50 CLOSURE ABOVE A 20' BY 24' (480 SF) PORTION OF 33RD '/2
51 STREET EXTENDING VERTICALLY 122.5' CONTIGUOUS WITH
52 PORTIONS OF LOTS 1 AND 11, BLOCK 107, VIRGINIA BEACH
53 DEVELOPMENT COMPANY (M.B. 4, PG. 266; M.B. 5, PG. 103;
54 M.B. 5, PART 2, PAGE 151), dated October 30, 2024, prepared
55 by Timmons Group, a copy of which is attached hereto as Exhibit
56 B.
57
58 SECTION II
59
60 The following conditions must be met on or before one (1) year from City Council's
61 adoption of this ordinance:
62
63 1. The City Attorney's Office shall make the final determination regarding
64 ownership of the underlying fee. The purchase price to be paid to the City of Virginia
65 Beach shall be determined according to the "Policy Regarding Purchase of City's
66 Interests in Streets Pursuant to Street Closures," approved by City Council.
67
68 2. The Applicant, or the Applicant's successors and assigns, shall
69 resubdivide the property and vacate internal lot lines to incorporate the closed area into
70 the adjoining lots. The resubdivision plat must be submitted and approved for
71 recordation prior to the final street closure approval.
72
73 3. The Applicant shall verify that no private utilities exist within the right-of-
74 way proposed for closure. If private utilities do exist, easements satisfactory to the utility
75 company, must be provided and shall be recorded after the final resubdivision plat is
76 recorded with the Clerk of Circuit Court.
77
78 4. The Applicant shall dedicate four (4) feet of right-of-way width along the
79 entire 250 linear feet of the five (5) lots on the southern side of 33rd '/2 Street to create a
80 twenty-four (24) foot wide right-of-way. This dedication shall include reservations of the
81 owners' air rights to be consistent with the height of both Air Rights Parcel `A' and Air
82 Rights Parcel `B'.
83
84 5. The Applicant shall replace approximately 300 linear feet of existing sewer
85 main within 33 d '/2 Street, from the manhole located westerly of the intersection of 33rd
86 '/2 Street and Pacific Avenue, which has been assigned the unit ID number of"003-205-
87 M," to the manhole located southerly from the southwest corner of 312 34' Street,
88 which has been assigned the unit ID number of "003-271-M," to the satisfaction of the
89 Public Utilities Department.
90 6. The Applicant shall encase the replacement sewer main with a steel
91 sleeve under all portions of the Air Rights Parcels, extending twenty (20) feet on both
92 sides past the Air Rights Parcels, to the satisfaction of the Department of Public Utilities.
93
94 7. Closure of the right-of-way shall be contingent upon compliance with the
95 above stated conditions within 24 months of approval by City Council. If the conditions
96 noted above are not accomplished and the final plat is not approved for recordation
97 within 24 months of the City Council vote to close the right-of-way this approval shall be
98 considered null and void.
99
100 SECTION III
101
102 1. If the preceding conditions are not fulfilled on or before February 17, 2027,
103 this Ordinance will be deemed null and void without further action by the City Council.
104
105 2. If all conditions are met on or before February 17, 2027, the date of final
106 closure is the date the street closure ordinance is recorded by the City Attorney.
107
108 3. In the event the City of Virginia Beach has any interest in the underlying
109 fee, the City Manager or his designee is authorized to execute whatever documents, if
110 any, that may be requested to convey such interest, provided said documents are
111 approved by the City Attorney's Office.
112
113 SECTION IV
114
115 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit
116 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
117 VIRGINIA BEACH as "Grantor" and 33RD STREET, LLC, as "Grantee."
118
119 Adopted by the Council of the City of Virginia Beach, Virginia, on this 18th day
120 of February , 2025.
121
122 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF
123 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
�1 SUFFICIENCY:
Planning Department City A�6rney
CA16582
R-2
January 30, 2025
GPINS:
3 2428-02-0963-LOT 1
0 2428-02-0835-LOT 2
2418-92-9868-LOT 3
0 2418-92-8882-LOTS 4, 5
2418-93-9083-LOTS 11, 12, 13
LOT 5 H SOURCE OF TITLE, INSTR. NUMBER:
LOTS 1, 11, 12, 13-42014040100027983
PROPOSED CLOSURE OF LOTS 3,4, 5-#20140401000279820
AIR RIGHTS PARCEL'A' 16.5' LOT 2-#202403041502
w N : ABOVE A 20'x 72.5'PORTION w
LOT 4 OF 33rd Yz ST w o ,Qo
w
_ m.-.. aw- Feet
LOT 3 M LOT 13 rn
LOT 2 72.5' -1H �F
LOT 12 3:
M LOT 1 50� LOT 11
JOHN G. ZASZEWSKI Z
lic. No. 048273
ch M
1211612024
SS/ONAL ENG\
P A C I F I C A V E N U E
SHEET 1 OF 5
OCTOBER 30, 2024
EXHIBIT A - HORIZONTAL DEPICTION OF AIR RIGHTS PARCEL "Al
EXHIBIT'A' SHOWING AIR RIGHTS PARCEL'A' PROPOSED FOR CLOSURE ABOVE A 20' BY 72.5'(1,450 SF) woo***
PORTION OF 33RD 1/2 STREET EXTENDING VERTICALLY 146' CONTIGUOUS WITH LOTS 2 AND 12 AND 0 %
PORTIONS OF LOTS 3 AND13, BLOCK 107, VIRGINIA BEACH DEVELOPMENT COMPANY (M.B.4 PG 266, M.B.S T I M M O IV S GROUP
PG 103; M.B.5, PART 2, PAGE 151)
YOUR VISION ACHIEVED THROUGH OURS.
�H pr
JOHN G. ZASZEMI _z
Uc. No. 048273 �
PROPOSED CLOSURE OF �O-p 12/16/20.94
AIR RIGHTS PARCEL'A' 16.5'ABOVE A
20'x 72.5'PORTION OF 33rd Y ST 20' o��SS�ONAL EaG\
BUILDING 146' 162.5'
OUTLINE �, ABOVE
GRADE
1
LOADING AREA
AND ENTRY WALK
COLUMN
�. I 16.5'
33RD ST 34TH ST ABOVE GRADE
I
N0, RTH f
I----HW ALLEY
o so goo SHEET 2 OF 5
Feet OCTOBER 30, 2024
EXHIBIT A - VERTICAL DEPICTION OF AIR RIGHTS PARCEL 'A' •`* G o
ELEVATION FROM EAST LOOKING WEST T I M M O N S GROUP
YOUR VISION ACHIEVED THROUGH OURS.
TH pF
JOHN G. ZASZEWM Z_
Lit No. 048273 1-
PROPOSED CLOSURE OF s2/16/2024
AIR RIGHTS PARCEL'A' 16.5'ABOVE A ,�20' S/ONAL EN
29 x 72.5' PORTION OF 33rd Y2 ST ( _�
BUILDING 146' 162.5'
OUTLINE ABOVE
GRADE
' LOADING AREA
AND ENTRY WALK
COLUMN 16.5'
34TH ST 33RD ST ABOVE GRADE t
1 1
_°
20'ALLEYI----I
° �0 100 SHEET 3 OF 5
Feet OCTOBER 30, 2024
EXHIBIT A - VERTICAL DEPICTION OF AIR RIGHTS PARCEL 'A' '' %
ELEVATION FROM WEST LOOKING EAST T I M M O N S GROUP
YOUR VISION ACHIEVED THROUGH OURS.
TH OF
JOHN G. ZASZEWSKI Z
Lic. No. 048273
PROPOSED CLOSURE OF �0�� 12/16/2024
AIR RIGHTS PARCEL'A' 16.5'ABOVE A
20'x 72.5'PORTION OF 33rdY2 ST 72.5' 50' �SS�ONAL ENG\
} �I
EAST FACE OF BUILDING
162.5' 146' w ON NORTH SIDE OF ALLEY
ABOVE , z
GRADE i
' W
a
COLUMNS ; it
� a
i
i
16.5'
ABOVE GRADE _ ; PACIFIC AVE
EAST_��
o so goo SHEET 4 OF 5
Fes' OCTOBER 30, 2024
EXHIBIT A - VERTICAL DEPICTION OF AIR RIGHTS PARCEL 'A'
ELEVATION FROM SOUTH SIDE OF ALLEY LOOKING NORTH T I M M O N S GROUP
YOUR VISION ACHIEVED THROUGH OURS.
H
ON G. ZASZEWSKI _Z
v Lic. No. 048273 )b.,
`-PROPOSED CLOSURE OF O� 12116/2024 <v�
AIR RIGHTS PARCEL'A' 16.5'ABOVE A '�
50'- - --+— 72.5' 20'x 72.5'PORTION OF 33rdY ST O�SS/ONAL ENG\
� I
EAST FACE OF BUILDING
ON SOUTH SIDE OF ALLEY I I 146'
w I ABOVE
z I GRADE 162.5'
w'
a
Ll
L
CL I
I
I J 16.5'
PACIFIC AVE COLUMNS ABOVE GRADE
o so too SHEET 5 OF 5
Feet OCTOBER 30, 2024
EXHIBIT A - VERTICAL DEPICTION OF AIR RIGHTS PARCEL 'A' .• 0 �•s
ELEVATION FROM NORTH SIDE OF ALLEY LOOKING SOUTH T I M M O N S GROUP
YOUR VISION ACHIEVED THROUGH OURS.
GPINS:
2428-02-0963-LOT 1
2428-02-0835-LOT 2
2418-92-9868-LOT 3
3 2418-92-8882-LOTS 4,5
0 2418-93-9083-LOTS 11, 12, 13
LOT 5 LOT 13 SOURCE OF TITLE, INSTR. NUMBER:
0
v LOTS 1, 11, 12, 13-#2014040100027983
PROPOSED CLOSURE OF
LOTS 3,4,5-#20140401000279820
— — —
W F- AIR RIGHTS PARCEL'B'40' W LOT 2-#202403041502
cf) ABOVE A 20'x 24'PORTION
W LOT 4 OF 33rd Yz ST W o so goo
CV Feet
0
z
LOT 3 LOT 13 co
M
cM
N
LOT 2 a T H cK-
LOT 12 =
tr
24' M G. ZASZEM _Z
cv) LOT 1 — _ LOT 11 `r �-� Uc. No. 09273
26' M q� 12/16/2024
S/ONAL ENG\
P A C I F I C A V E N U E
SHEET 1 OF 5
OCTOBER 30, 2024
EXHIBIT B - HORIZONTAL DEPICTION OF AIR RIGHTS PARCEL 'B'
EXHIBIT'B' SHOWING AIR RIGHTS PARCEL 'B' PROPOSED FOR CLOSURE ABOVE A 20' BY 24' (480 SF) ••l���
PORTION OF 33RD 1/2 STREET EXTENDING VERTICALLY 122.5' CONTIGUOUS WITH PORTIONS OF LOTS 1 •
AND11, BLOCK 107, VIRGINIA BEACH DEVELOPMENT COMPANY (M.B.4 PG 266; M.B.5 PAGE 103; M.B.5, PART 2, PAGE 151) T 1 M M O S GROUP
YOUR VISION ACHIEVED THROUGH OURS.
TH or-
AM G. ZASZEWSKI Z
Uc. No. 048273 -1.
PROPOSED CLOSURE OF -o�Q� 1211619024
AIR RIGHTS PARCEL'B'40'ABOVE A 20' FSS/ONAL ENG\
20'x 24'PORTION OF 33rd Y2 ST
I
� I
I
I
I 122.5'
BUILDING
OUTLINE ABOVE
LOADING I I GRADE
AREA � I
I I 40'
ABOVE
33RD ST ( ( GRADE
34TH ST
I NORTHf ..,
F---120'ALLEY -- ---'
o so goo SHEET 2 OF 5
Feet OCTOBER 30, 2024
EXHIBIT B - VERTICAL DEPICTION OF AIR RIGHTS PARCEL 'B' .' `%
ELEVATION FROM EAST LOOKING WEST T I M M O M S GROUP
YOUR VISION ACHIEVED THROUGH OURS.
-TH OFF
JMN G. ZASZEWSla _z
Liic. No. 048273 1�
PROPOSED CLOSURE OF �s2/l612024
AIR RIGHTS PARCEL'B'40'ABOVE A f 20'►j S/ONAL EN
20'x 24'PORTION OF 33rd Y ST
i
I I
i
I 122.5'
BUILDING I i 162.5'
OUTLINE I ABOVE
P GRADE
I ' 40'
ABOVE
COLUMN COLUMN GRADE
34TH ST 33RD ST }
�,!QRTH 1 I
W ALLEY—f---yl
U 50 100 SHEET 3 OF 5
Feet OCTOBER 30, 2024
EXHIBIT B - VERTICAL DEPICTION OF AIR RIGHTS PARCEL 'B' .•"' , %
ELEVATION FROM WEST LOOKING EAST T I M M O N S GROUP
YOUR VISION ACHIEVED THROUGH OURS.
TH pF
MN G. ZASZE M _z
v L'r. No. 048273 b
`0 12/16/2024
F
24' 26'--- SS�ONAL ENG\
PROPOSED CLOSURE OF
AIR RIGHTS PARCEL'B'40'ABOVE A
20'x 24'PORTION OF 33rd Y2 ST
122.5' EAST FACE OF BUILDING
162.5' w ON NORTH SIDE OF ALLEY
ABOVE ,z
GRADE i
� a
I0
40' (a
ABOVE
GRADE COLUMNS ,1 PACIFIC AVE
EEA§j
o so 100 SHEET 4 OF 5
Feet OCTOBER 30, 2024
EXHIBIT B - VERTICAL DEPICTION OF AIR RIGHTS PARCEL 'B' .'' , %
ELEVATION FROM SOUTH SIDE OF ALLEY LOOKING NORTH T I M M O N S GROUP
YOUR VISION ACHIEVED THROUGH OURS.
TH pc
JOHN G. ZASZEWSKI Z
L'ic. No. 048273 -1�-
PROPOSED CLOSURE OF 1211612024 4�
AIR RIGHTS PARCEL'B'40'ABOVE A
26'-- 24' 20'x 24'PORTION OF 33rd Y2 ST ASS/ONAL ENG`
EAST FACE OF BUILDING
ON SOUTH SIDE OF ALLEY 122.5'
z 162.5'
�i ABOVE
GRADE
Dr'
w'
0-
o0C�
al
40'
j ABOVE
11 PACIFIC AVE ; COLUMNS GRADE
'(EAST
0 50 100 SHEET 5 OF 5
Feet OCTOBER 30, 2024
EXHIBIT B - VERTICAL DEPICTION OF AIR RIGHTS PARCEL 'B' %
ELEVATION FROM NORTH SIDE OF ALLEY LOOKING SOUTH T I M M O N S GROUP
YOUR VISION ACHIEVED THROUGH OURS.
�l4�tNiA BE9C1
City of NTirginia Bcach
z i
OF OUR NATO
VBgDv mn
ROBERT W."WORTH"REMICK CELL:(757)840-5855
COUNCIL MEMBER EMAIL:WRemick(&vbaov.com
DISTRICT 6
File No. 0093380
February 18,2025
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 applications of 33`d Street,LLC
for (1) a street closure for the closure of two contiguous air rights parcels located
above 33`d % Street adjacent to 3330 and 3300 Pacific Avenue and 305 33`d Street;
and(2) a special exception for alternative compliance for the same property.
2. The applicant identified Marlyn Development Corporation as its construction
contractor. That contractor is also the general contractor for The Canopy project
on Laskin Road.Colliers International Virginia,LLC("Colliers")has a retail listing
for The Canopy. 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 any party to this transaction or to the clients
for whom Colliers is marketing The Canopy, 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. I hereby disclose the facts above and declare that I am able to participate in this
transaction fairly,objectively, and in the public interest.
2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456
Mrs. Amanda Barnes -2- February 18, 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.
Since ely,
4orth Remick
Councilmember
RWR/RRI
33
ITEM— VI.L.2
PLANNING ITEMS
ITEM#76681
The following registered to speak:
Eddie Bourdon, 4429 Bonney Road#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT
Bill Kausch, 316 34`h Street, Phone: 837-1164, spoke in OPPOSITION
Susan Reed, 312 34`h Street, Phone: 353-0200, spoke in OPPOSITION
Carolyn Conner, 3310 Arctic Avenue, Phone:373-5468, spoke in OPPOSITION
Robert Fatovic, 404 33Y2 Street, Phone: 703-582-8095, spoke in SUPPORT
David Jester, 308 35`h Street, Phone: 437-1677, spoke in SUPPORT
Upon motion by Council Member Remick, seconded by Council Member Berlucchi, City Council
APPROVED, AS CONDITIONED, application of 33id STREET, LLC for a S ecial Exception for
Alternative Compliance re construct a senior living facility at 3330 Pacific Avenue, 3300 Pacific Avenue,
305 33'd Street,property east of 3300 Pacific Avenue and property west of 305 33'd Street,DISTRICT 6
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
33'd STREET,LLCfor a�ecial Exception for Alternative Compliance re
construct a senior living facility at 3330 Pacific Avenue, 3300 Pacific
Avenue, 305 33'd Street,property east of 3300 Pacific Avenue and property
west of 305 33"Street, (GPINs: 2428020963, 2418929868, 2418928882,
2428020835, 2418939083)DISTRICT 6
The following conditions shall be required:
1. The site shall be developed in substantial conformance with the submitted concept site
plan, floor plan, and architectural elevations, entitled "Beach Tower, Marlyn
Development",prepared by Cox, Kliewer& Company, P.C., and dated October 15, 2024,
which have been exhibited to the Virginia Beach City Council and are on file with the
Virginia Beach Department of Planning.All 97 independent living units shall be developed
as presented in the conceptual floor plans in regard to the bedroomlunit breakdown and
floor area.
2. The site shall be developed in substantial conformance with the submitted concept
landscape plan, entitled "Beach Tower, Conceptual Landscape Plan", prepared by
Timmons Group, and dated September 30, 2025, which have been exhibited to the Virginia
Beach City Council and are on file with the Virginia Beach Department of Planning.
However,final approval of specific planting species shall be subject to the Development
Service Center's Landscape Architect.
3. If developed in accordance with this Alternative Compliance request, and the conditioned
plans, the project area is only to be used as a Senior Living facility with an age-restriction
of 62 years and older.If a change in use is requested after developing the site in accordance
with this Alternative Compliance request, an additional Alternative Compliance will be
required for the change in use.
February 18, 2025
34
ITEM— VI.L.2
PLANNING ITEMS
ITEM#76681
(Continued)
If developed in accordance with this Alternative Compliance request, and the conditioned
plans, the overall density of this project is limited to:
a) 97 Independent Living Units
b) 27 Assisted Living Units
c) 8 Memory Care Units
5. Prior to demolition of the historic Jefferson Manor Motel Apartment, the applicant shall
contract with a professional cultural resource management firm to perform and prepare
an intensive level architectural survey to Virginia Department of Historic Resources
standards for the historic Jefferson Manor building. A copy of the final report, including
photographs and associated materials, shall be provided to the Virginia Beach Historic
Preservation Commission in both digital and hard copy format.
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 18`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 18, 2025
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33rd Street, LLC N
® site 3330 Pacific Avenue, 3300 Pacific Avenue, 305 33rd Street, W-*1'
Property Polygons parcel immediately west of 305 33rd Street, S
Zoning & parcel immediately east of 3300 Pacific Avenue
Building M M Feet
0 2040 80 120 160 200 240
35
ITEM— VI.L.3
PLANNING ITEMS
ITEM#76682
The following registered to speak.-
Kyle Korte, 200 Bendix Road, Suite 300, Phone: 497-6633,Attorney for Applicant, spoke in SUPPORT
George Wall, (Princess Anne Plaza Civic League) 580 Brent Water Road, Phone: 203-910-9282, spoke in
SUPPORT
Fran Sansone, 3601 Presidential Circle, Phone: 831-9111, spoke in SUPPORT
Upon motion by Council Member Berlucchi, seconded by Council Member Schulman, City Council
APPROVED, AS MODIFIED, AS CONDITIONED, AS AMENDED, application of EVERGREEN
VIRGINIA, LLC / EVERGREEN VIRGINIA, LLC & WINNER'S PROPERTIES, LLC for a
Modi cation of Conditions to a Conditional Use Permit re expand existing dealership at 3700 & 3736
Sentara Way DISTRICT 3
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
EVERGREEN VIRGINIA, LLC/EVERGREEN VIRGINIA, LLC &
WINNER'S PROPERTIES,LLC for a Modification of Conditions to a
Conditional Use Permit re expand existing dealership at 3700 & 3736
Sentara Way(GPINs: 1487523853, 1487428775)DISTRICT 3
The following conditions shall be required:
1. Conditions attached to the existing Conditional Use Permits and Modification of
Conditions approved by the Virginia Beach City Council on August 16, 2022, and shall be
null and void and replaced with the conditions listed below.
2. The site layout shall be in substantial conformance with the submitted plan entitled,
"Hyundai Building Addition—Concept Plan,"dated December 27, 2024, and prepared by
Kimley-Horn and Associates, Inc., which has been exhibited to the Virginia Beach City
Council and is on file in the Department of Planning and Community Development.
3. The site shall be in substantial conformance with the submitted landscape plan entitled,
"Hyundai Building Addition— Concept Plan," dated No-aember 27-, 2024, December 03,
2024, and prepared by Kimley-Horn and Associates,Inc., which has been exhibited to the
Virginia Beach City Council and is on file in the Department of Planning and Community
Development.Additionally,a continuous landscape berm shall be installed and maintained
along the entire frontage of Sentara Way adjacent to the subject property. Said berm shall
include increased landscaping to include a mixture of evergreen trees and evergreen
shrubs to adequately screen the site from the public right-of-way . A revised landscape
plan shall be submitted at the time of site plan review showing the improved landscaping
along the Sentara Way right-of-way that will be subject to the review and approval of the
Planning Director.
February 18, 2025
36
ITEM— VI.L.3
PLANNING ITEMS
ITEM#76682
(Continued)
4. 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.
5. The design, locations, and sizes of Building A and Expansions 2002, Building B and
Expansions 2013, and Building C shall substantially adhere to the submitted Conceptual
Site Layout Plan noted in Condition 2.
6. The color scheme and design of Buildings A and B shall be in keeping with the submitted
color board provided with the 1997 Conditional Use Permit application.Minor deviations
to the buildings' exterior are permitted subject to the Planning Director's review and
ultimate approval.
7. The building materials and color scheme of the Building A Expansions 2002 shall
substantially conform with the submitted elevation plan titled "Conceptual Elevations for
the Auto Nation Expansion, Virginia Beach, Virginia," prepared by Lyall Design
Architects, and dated July 15, 2002, provided with the 2002 Modification of Conditions
application. Said elevation plan is on file in the City of Virginia Beach Department of
Planning and Community Development.
8. The building materials and color scheme of the Building B Expansions 2013 shall
substantially conform with the submitted elevations entitled"Volkswagen Checkered Flag,
Exterior Building Elevations"prepared by Lyall Design Architects and dated 07101113,
provided with the 2013 Modification of Conditions application, which have been exhibited
to the Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning and Community Development.
9. The design, building materials and color scheme of Building C shall substantially conform
with the submitted elevations entitled, "Checkered Flag Genesis at Hyundai Word—Floor
Plan —Prototype Exterior Renderings", dated March 24, 2022, prepared by Covington
Hendrix Anderson Architects, and provided with the 2022 Modification of Conditions
application, which has been exhibited to the Virginia Beach City Council and is on file in
the Department of Planning and Community Development.
10. The proposed vehicular ingress/egress at the intersection of Sentara Way and the private
drive known as Hyundai World Way shall meet the Public Works Design Standards
Manual.
11. No statue shall be permitted in a vehicle display area at any of the vehicular ingress/egress
points for the property. An exhibit drawing or photograph of any statues proposed
elsewhere on the site shall be submitted to the Planning Director for review and approval
prior to issuance of a building permit and commencement of construction.
February 18, 2025
37
ITEM— VI.L.3
PLANNING ITEMS
ITEM#76682
(Continued)
12. Any shade structure shall be substantially in conformance with the submitted brochure
titled "Shade Structures"provided with the 2002 Modification of Conditions application,
which is on file with the Planning Department. The shade structures shall meet the
following requirements:
• The framework shall be on noncombustible construction.
• The fabric shall be flame resistant.
• The structures shall meet wind load requirements in the area.
• The fabric or cover of the structure shall be red, blue or white, in color,
or a combination thereof, to match the buildings.
13. No vehicle display shall be located between the existing stormwater management facility
and Interstate 264 that would disrupt access and/or maintenance within the City drainage
easement or disturb the existing ditch. A layout of this vehicle display with dimensions in
this area shall be submitted to the Planning Director for review and approval.
14. Prior to final Site Plan approval, a Landscape Plan shall be submitted to the Department
of Planning and Community Development for review and approval. The Landscape Plan
shall be in substantial conformance with the submitted plan entitled, "Conceptual Site
Layout Plan of Checkered Flag Genesis — Virginia Beach, Virginia", dated March 24,
2022, and prepared by Orbis Landscape Architecture, which has been exhibited to the
Virginia Beach City Council and is on file in the Department of Planning and Community
Development with the additional requirement that the existing meandering three (3)foot
tall berm shall remain and all other portion of the property along rights-of-way, including
I-264, shall be planted with streetscape plantings per the standards set forth in the City of
Virginia Beach Landscaping Guide.
15. No trees or vegetation shall be removed by the applicantfrom the City or State land located
between the subject site and I-264 or from the Third Street right-of-way without written
permission from the City or State, as applicable.
16. All signage on the property shall be subject to the sign regulations set forth in the Zoning
Ordinance.A separate sign permit shall be obtained from the Planning Department for the
installation of any signage. Any freestanding sign shall be monument-style with foundation
plantings installed as required by the Zoning Ordinance.
17. Hours of operation specifically related to performing auto repair and meeting customers
for auto sales shall be limited to between the hours of 7:00 a.m. to 10:00 p.m.
February 18, 2025
38
ITEM— VI.L.3
PLANNING ITEMS
ITEM#76682
(Continued)
18. All repair, service, maintenance, cleaning, and washing of vehicles shall be conducted
inside the service center.Bay doors on the service center shall be closed while repair work
is being conducted except for entering and exiting of vehicles.
19. All storage merchandise, or debris shall be within a fully enclosed structure. Storage of
tires may be permitted within an enclosed structure without a roof cover. No outside
storage of the aforementioned shall be permitted.
20. All vehicles for sale shall be located on a paved surface within the designated display area
identified on the plan referenced in Condition 2 above. Except for the existing two raised
platforms along Rosemont Road and seven raised platforms within the interior parking lot
for vehicle display as noted on the Conceptual Site Layout Plan, which may remain until
such time they are removed, no vehicles shall be displayed on raised platforms, earthen
berms, landscape islands, or any other structure designated to display a vehicle higher
than the elevation of the main parking lot except as permitted by Condition 11.
21. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site.
22. The use of an outdoor amplified speaker or paging system shall be prohibited. The use of
a vehicle's emergency alarm shall not be employed to assist in locating a vehicle on the
lot.
23. There shall be no signs which contain or consist ofpennants, 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. There shall be no portable
or nonstructural signs, or electronic display signs on the site.
24. There shall be no neon or electronic display signs, or accents installed on any wall area of
the exterior of the building, in or on the windows, or on the doors. No window signage
shall be permitted.
25. No motor vehicle shall be displayed for sale or rental within the first five (5)feet of any
front yard or side yard abutting the right-of-way line of a street to be measured from the
property line to any displayed motor vehicle on the premises.
26. A Lighting Plan shall be provided to the Department of Planning for review and approval
prior to final site plan approval. All light fixtures on the site that are within 25 feet of a
property line from Sentara Way shall be no taller than 14 feet in height and shall be retrofit
with additional shields within 90 days of the date of City Council approval,and as required
by the Zoning Ordinance.
February 18, 2025
39
ITEM— VI.L.3
PLANNING ITEMS
ITEM#76682
(Continued)
27. Except for the two light fixtures that are directed upward on the flagpole that is located
between the buildings and I-264, all lightfixtures shall be shielded and directed downward
to contain light on the property.All lighting shall be directed away from the nursingfacility
located to the west, and away from the residentially-zoned property located to the south
across Sentara Way.
28. Only one flagpole representing the dealership or car manufacturer shall be permitted on
the site.
29. On site loading and unloading of vehicles shall be limited to the areas depicted for such
purpose on the Concept Plan identified in Condition 2 above and shall be limited to
the standard hours of operation of 7:00 a.m. and 10:00 p.m. The loading and
unloading of vehicles within the public rights-of-way shall be prohibited.
30. On-street employee parking shall be prohibited
31. Plant and lawn clippings and other waste from this property shall be disposed of in a lawful
manner and shall be prohibited from being left in the public right-of-way.
32. At the time ofsite plan submittal,the applicant shall explore the possibility of incorporating
an aerator fountain into the design of the proposed stormwater management facility.
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 I f:h day of February Two
Thousand Twenty Five.
Voting: 10- 0
Council Members Voting Aye:
Michael F.Berlucchi,Stacy Cummings,Mayor Robert M.Dyer,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:
Barbara M. Henley—Left the meeting
February 18, 2025
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ROBERT W.°WORTH"REMICK CELL:(757)840-5855
COUNCIL MEMBER EMAIL:WRemick(a).vbaov.com
DISTRICT 6
File No. 0093378
February 18, 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 Evergreen
Virginia, LLC and Winner's Properties, LLC for a modification of conditions to a
conditional use permit for property located at 3700 and 3736 Sentara Way.
2. Several of the legal entities that are listed in the applicants' disclosure statements
are clients 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 any of these clients, 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. I hereby disclose the facts above and declare that I am able to participate in this
transaction fairly, objectively, and in the public interest.
2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456
Mrs.Amanda Barnes -2- February 18, 2025
Re: Disclosure Pursuant to Virginia Code§2.2-3115(1)
I respectfully request that you record this declaration in the official records of the City
Council. Thank you for your assistance in this matter.
Sincerely,
Worth Remick
Councilmember
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40
ITEM— VI.L.4
PLANNING ITEMS
ITEM#76683
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED,AS PROFFERED,BY CONSENT,application ofKNOSOS,LLCfora Conditional Change
of Zonin from AG-1 Agricultural to Conditional R-7.5 Residential re develop an eight-lot subdivision at
a parcel south of 2832 Bald Eagle Road DISTRICT 2
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
KNOSOS, LLC for a Conditional Change of Zoning from AG-1
Agricultural to Conditional R-7.5 Residential re develop an eight-lot
subdivision at a parcel south of 2832 Bald Eagle Road (GPIN
1495505126)DISTRICT 2
The following conditions shall be required:
An agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court.
This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 1 fth 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 18, 2025
KNOSOS,LLC., a Virginia limited liability company
TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 27th day of November, 2024, by and between
KNOSOS, LLC, a Virginia limited liability company, party of the first part, Grantor; and THE
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,party
of the second part, Grantee.
WITNESSETH:
WHEREAS, the party of the first part is the owner of that parcel of property located in
the Princess Anne District of the City of Virginia Beach, containing approximately 2.45 acres
which is more particularly described in Exhibit "A" attached hereto and incorporated herein by
this reference. Said parcel is hereinafter referred to collectively as the"Property"; and
WHEREAS, the party of the first part as the purchaser of the Property has initiated a
conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition
addressed to the Grantee so as to change the Zoning Classifications of the Property from AGA
Agricultural District to Conditional R-7.5 Residential District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes through zoning and other land development legislation;and
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible
uses conflict and that in order to permit differing uses on and in the area of the Property and at
the same time to recognize the effects of change, and the need for various types of uses, certain
reasonable conditions governing the use of the Property for the protection of the community that
are not generally applicable to land similarly zoned are needed to cope with the situation to
which the Grantor's rezoning application gives rise; and
Prepared By:Kevin M.Br u ick,Esq. GPIN#:14955051260000
VSB#18826
2101 Parks Avenue,Suite 500
Virginia Beach,Virginia 23451
1
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to
the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map,
in addition to the regulations provided for the Conditional R-7.5 Zoning District by the existing
overall Zoning Ordinance, the following reasonable conditions related to the physical
development, operation, and use of the Property to be adopted as a part of said amendment to the
Zoning Map relative and applicable to the Property, which as a reasonable relation to the
rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives,
assigns,grantee, and other successors in title or interest, voluntarily and without any requirement
by or exaction from the Grantee or its governing body and without any element of compulsion or
quid pro qjLo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby
make the following declaration of conditions and restrictions which shall restrict and govern the
physical development, operation, and use of the Property and hereby covenant and agree that this
declaration shall constitute covenants running with the Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantor, its successors,
personal representatives, assigns, grantee, and other successors in interest of title:
1. When the property is developed, it shall be as a single-family subdivision with no more
than eight (8) lots, with seven (7) single family dwellings substantially in accordance with the
Preliminary.Subdivision Plan designated "PRELIMINARY SUBDMSION PLAN KNOSSOS
SUBDIVISION", dated 11/25/24, prepared by Gaddy Engineering Services, LLC, which has
been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning (the "Preliminary Subdivision Plan") which are incorporated herein by
this reference.
2. Each new home shall contain a minimum of 2,700 square feet of living area and at least
a one (1)car garage.
3. The architectural design of the residential dwellings will be substantially as depicted on
elevations and renderings, each dated September 18, 2024, which have been exhibited to the Virginia
Beach City Council and are on file with the Virginia Beach Department of Planning which are
incorporated herein by this reference. The exterior building elevations shall be limited to the following
materials, and each elevation shall include some combination of architectural shingles, hardiplank,
stone,brick,premium beaded vinyl siding, fiber cement siding,and/or wood.
2
4. The final stormwater management plan submitted to the Development Services Center
(DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall
comply with the Stormwater Management Ordinance.
5. Further conditions may be required by the Grantee during detailed site plan review and
administration of applicable City Codes by all cognizant City agencies and departments to meet
all applicable City Code requirements.
The above conditions,having been proffered by the Grantor and allowed and accepted by the
Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect
until a subsequent amendment changes the zoning of the Property and specifically repeals such
conditions. Such conditions shall continue despite a subsequent amendment to the Zoning
Ordinance even if the subsequent amendment is part of a comprehensive implementation of a
new or substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record
owner of the Property at the time of recordation of such instrument,provided that said instrument
is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of
Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said
instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall
be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach,Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of
Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any
noncompliance with such conditions be remedied; and(b) to bring legal action or
suit to ensure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other appropriate action, suite, or
proceeding;
3
(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 name of the Grantor
and the Grantee.
WITNESS the following signature and seal:
GRANTOR:
KNOSOS, LLC
a Virginia limited liability company
�'..�v } (SEAL)
By;
Title: Dimitrios Manousos. Managing Member
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to-wit:
The forgoing instrument was acknowledged before me this 27th day of November,2024,
by Dimitrios Manousos, Managing Member of KNOSOS, LLC, a Virginia limited liability
company, Grantor.
Notary Public
FCOMMONWEALTH
IN MICHAEL BRUNICK ?
My Commission Expires: June 30, 2026NOTARY PUBLIC
NotaryRegistration No: 7981795REGISTRATION#7981795
g OF VIRGINIA s
SSION EXPIRES JUNE 30,2026
4
EXHIBIT"A"
LEGAL DESCRIPTION
BEGINNING AT A PIN ON THE PROPERTY LINE BETWEEN SITE NO. 5 AND SITE NO. 6, AS
SHOWN ON "SURVEY FOR W.W. SAWYER OF THE HARGRAVE TRACT ON THE HOLLAND
ROAD"AND DULYRECORDED IN THE CLERK'S OFFICE OF PRINCESS ANNE COUNTY COURT
IN MAP BOOK 1, AT PAGE 6A, LOCATED APPROXIMATELY 478.5 FT.+/- EAST OF THE
SOUTHWEST CORNER OF SITE NO. 5 AND THE EASTERN RIGHT OF WAY OF HOLLAND
ROAD, SAID POINT OF BEGINNING ALSO BEING THE NORTHWEST CORNER OF LOT 5,
SUBDIVISIONOF HOLLAND PINES, SECTION ONE AND THE EASTERN RIGHT OF WAY OF
BALD EAGLE ROAD AS RECORDED IN MAP BOOK 217, AT PAGE 1 I IN THE CLERK'SOFFICE
OF- THE CIRCUIT COURT IN THE CITY OF VIRGINIA BEACH, VIRGINIA, THENCEALONG A
CURVE ON THE EASTERN RIGHT OF WAY OF BALD EAGLE ROAD A RADIUS OF 270.00,AND
ARC LENGTH OF 233.21' TO AN IRON PIN FOUND ALONG SAID RIGHT OF WAY AND ALSO
BEING THE SOUTHWEST CORNER OF LOT 23, SUBDIVISION OF HOLLAND PINES WEST,
SECTION ONE, AS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE
CITY OF VIRGINIA BEACH,VIRGINIA AT MAP BOOK 239,AT PAGE 48,THENCE N75-08'50"E,
A DISTANCE OF 432.5 F TO A POINT, SAID POINT ALSO BEING THE NORTHWEST CORNER OF
LOT35 AND ANGLE POINT IN REAR PROPERTY LINE OF LOT 25 OF AFOREMENTIONED
HOLLAND PINES WEST PLAT, THENCE S27"01'50"EA DISTANCE OF 210 .00'TO AN IRON PIN
FOUND, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 36 OF
AFOREMENTIONED HOLLAND PINES WEST PLAT AND ALSO LOCATED ON THE REAR
(NORTHERN) PROPERTY LINE OF LOT 23, AFOREMENTIONED HOLLAND PINES PLAT,
THENCE575008' SO" WA DISTANCE OF 571.42' ALONG THE REMAINING PORTION OF
PROPERTY LINE BETWEEN SITE N0.5 AND SITE N0.6 AND CURRENTLY REPRESENTING TH E
NORTHERN PROPERTY LINE OF LOTS 5, 6, 7, 8, 21, 22 & 23, AFOREMENTIONED HOLLAND
PINES, SECTION ONE PLAT TO THE EASTERN RIGHT OF WAY OF BALD EAGLEROAD,BEING
THE POINT OF BEGINNING.
Being a portion of the property conveyed to Millard Fillmore Reid by deed from Fillmore Reid and Laura
V. Reid dated February 4, 1941 and recorded February 4, 1941, in Deed Book 204, Page 480 in the land
records of the City of Virginia Beach(formerly Princess Anne County),Commonwealth of Virginia.
Less and Except that portion conveyed to Baymark Construction Corporation by Deed dated May 18, 1994,
and recorded June 1, 1994, in Deed Book 3397,Page 49,in the aforesaid land records
Less and Except that portion conveyed to the Commonwealth of Virginia by Deed dated July 13,2007,and
recorded August 17,2007,as Instrument Number 200708170011 211190,in the afore said land records.
Less and Except that portion conveyed to Trustees of Piney Grove Baptist Church by Deed dated June 30,
2014, and recorded July 14, 2014, as Instrument Number 20140714000638140, amended by Deed of
Correction dated October 8, 2014, and recorded November 5, 2014, as Instrument Number
20141105001056200,in the aforesaid land records.
Millard Fillmore Reid, Sr. departed this life February 14, 1996, and pursuant to List of Heirs filed in Will
Book 94, Page 607, title to subject property passed to Millard F. Reid, Jr., Jacqueline S. Henderson(now
known as Jaqueline S.Pratt).
GPIN: 14955051260000
5
41
ITEM— VI.L.5
PLANNING ITEMS
ITEM#76684
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, AS PROFFERED, BY CONSENT, application of WESTVIEW PLAZA ASSOCIATES,
LLC for a Conditional Change of Zoning from B-2 Community Business to Conditional A-24 Apartment
District re develop a multi family residential community at 6528& a portion of 6544 Indian River Road,
parcel directly north& west of 6528 Indian River Road DISTRICT 1
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGIN14 BEACH, VIRGINIA
WESTVIEW PLAZA ASSOCIATES, LLC for a Conditional Change
Zoning from B-2 Community Business to Conditional A-24 Apartment
District re develop a multi family residential community at 6528 & a
portion of 6544 Indian River Road,parcel directly north & west of 6528
Indian River Road (GPINs: 1456154603, 1456152963, 1456156973)
DISTRICT I
The following conditions shall be required:
An agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court.
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 I? 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 18, 2025
Prepared by and after recording return to:
Carol W.Hahn(VSB No.30171)
Frieden Seery Nuckols&Hahn P.C.
222 Central Park Avenue,Suite 1300
Virginia Beach,Virginia 23462
WESTVIEW PLAZA ASSOCIATES,L.L.C.,a Virginia limited liability company
TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this a0 day of JG,,,.,C4 _, 20< by and between
WESTVIEW PLAZA ASSOCIATES,L.L.C.,a Virginia limited liability company(the"A1212licant'
and GRANTOR for indexing purposes) and THE CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia(the "CW"and GRANTEE for indexing purposes).
WITNESSETH:
WHEREAS, Grantor owns three (3) parcels of property located in District#1 of the City of
Virginia Beach, containing a total of approximately 9.944 acres(the"Parent Tract"); and
WHEREAS, Applicant desired to rezone a portion of the Parent Tract comprised of
approximately 9.085 acres(the"Pro ")more particularly described in Exhibit"A"attached hereto
and incorporated herein by this reference; and
WHEREAS, Applicant has initiated a conditional amendment to the Zoning Map of the City
of Virginia Beach,Virginia,by petition addressed to the City so as to change the Zoning Classification
of the Property from B-2 Community Business District to Conditional A-24; and
WHEREAS, The City's policy is to provide only for the orderly development of land for
various purposes through zoning and other land development legislation; and
WHEREAS, Applicant acknowledges that the 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 effect 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 Applicant's use of
the Property is zoned; and
GPINs: Portion of 1456-15-4603-0000
Portion of 1456-15-2963-0000
1456-15-6973-0000
1
WHEREAS, Applicant does hereby voluntarily proffer, in writing, in advance of and prior to
the public hearing before the City,as a part of the proposed amendment to the Zoning Map,in addition
to the regulations provided for the A-24 Zoning District and the adopted land use plan by the existing
overall Zoning Ordinance, the following reasonable conditions related to the physical development,
operation,and use of the Property to be adopted as a part of said amendment to the Zoning Map relative
and applicable to the Property,which has a reasonable relation to the rezoning and the need for which
is generated by the rezoning.
NOW, THEREFORE, Applicant, for itself, its successors, representatives, assigns, grantees,
and other successors in title or interest, voluntarily and without any requirement by or exaction from
the City or its governing body and without any element of compulsion or quid pro cuo for zoning,
rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration
of conditions and restrictions which shall restrict and govern the physical development,operation,and
use of the Property and hereby covenants and agrees that this declaration shall constitute covenants
running with the Property, which shall be binding upon the Property and upon all parties and persons
claiming under or through Applicant, their successors, representatives, assigns, grantees, and other
successors in interest or title:
1. Applicant agrees to develop the Property substantially in conformity with the Land Use
Plan entitled, "Proposed Multi-Family Development , 6528 Indian River Road Virginia Beach ,VA"
(the"Plan")prepared by Kimley-Horn and Associates,Inc,dated October 30,2024 and revised January
20, 2025, which Plan has been exhibited to the City Council and is on file in the Department of
Planning,which is incorporated herein by reference.
2. Applicant agrees to develop the Multi-Family project substantially in conformity with
the elevations entitled,"6528 Indian River Road Virginia Beach,VA"(the"Elevations")prepared by
Humphreys&Partners Architects L.P.,,dated October 23,2024 ,which Elevations have been exhibited
to the City Council and is on file in the Department of Planning,which is incorporated herein by
reference.. It is recognized and understood that detailed building plans may change as the planning
process progresses. The intent of the elevations is to demonstrate the architectural style and building
quality. Final elevations for these structures shall be submitted to the Planning Director for review and
approval prior to building plan approval.
3. The monument sign shall be located in substantial conformance with the proposed
Land Use Plan entitled"Proposed Multi-Family Development, 6528 Indian River Road, Virginia
Beach, VA" (the "Plan" prepared by Kimley-Horn and Associates, Inc. dated October 30,2024 and
revised January 20,2025, which plan has been exhibited to the City Council and is on file in the
Department of Planning,which is incorporated herein by reference. The sign shall not exceed six feet
in height and shall be designed and constructed of materials that substantially match the building
architecture.
4. Further conditions maybe required by the City during detailed Site Plan review and
administration of applicable City Codes by all City agencies and departments.
2
The above conditions, having been proffered by Applicant and allowed and accepted by the
City as part of the amendment to the Zoning Ordinance, shall continue in full force and effect 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 subsequent
written instrument amending the proffers is approved and executed by the record owner of the Property,
and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,provided
that said instrument is consented to by the City in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the City, after a public hearing before the
City which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,
1950,as amended.
Applicant 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, Applicant 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 Applicant and the City.
WITNESS the following signature and seal:
Signatures on next page.
3
APPLICANT/GRANTOR:
WESTVIEW PLAZA ASSOCIATES,L.L.C.,
a Virginia limited liability company
By: TMPR,LLC,
a Virginia limited lia 'lity company
By: (SEAL)
Raymond L. Gottlieb,Manager of TMPR, LLC
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to-wit:
The foregoing instrument was acknowledged before me this .20 day of � 20aj by
Raymond L. Gottlieb, Manager of TMPR, LLC, a Virginia limited liability company, as Manager of
Westview Plaza Associates, L.L.C., a Virginia limited liability company.
[SEAL]
A G.
Notary4ublic
�j?'• ��'••9�' �: My Commission Expires: ID 3t 7J.1
= NOTARY
_ PusuC My Notary Public Registration Num,er: o?l 33?a
O 2 REG.#t213972 Q
MY COMMISSION10/31/2028
2
EXPIRES
0
11111111101
4
EXHIBIT "A"
ALL THAT certain piece or parcel of land, with the buildings and improvements thereon and the
appurtenances thereunto pertaining, situate in the City of Virginia Beach, Virginia, containing
9.945 acres,more or less, and being more particularly bounded and described as follows:
BEGINNING at a point in the northerly line of Indian River Road which said point is at the
intersection of the northerly line of Indian River Road and the westerly line of Military
Highway, and from said point of beginning, along the northerly line of Indian River Road
N 78 degrees 35' 30"W,a distance of 36.56 feet(erroneously reflected as 35.56 feet in source
deed) to a point; thence N 6 degrees 3 V 20"E, a distance of 18.63 feet to the true point of
beginning; and from said true point of beginning N 78 degrees 39' 50"W, a distance of
96.72 feet to a point; thence S 11 degrees 20' 10"W a distance of 20.00 feet to a point in the
northerly line of Indian River Road; thence along the northerly line of Indian River Road
N 78 degrees 39' 50"W, a distance of 92.45 feet to a point; thence continuing along the
northerly line of Indian River Road, along the are of a curve to the right having a radius of
899.93 feet, an arc distance of 279.84 feet to a point; thence, continuing along the northerly
line of Indian River Road,N 60 degrees 50' 50" W,a distance of 341.53 feet to a point;thence
N 28 degrees 36' 30"E, a distance of 538.58 feet to a point; thence S 80 degrees 40' 50"E, a
distance of 574.36 feet to a point; thence S 6 degrees 31' 20"W, a distance of 664.51 feet to
the true point of beginning. Said property being also known, numbered and designated as
"PARCELS 1, 2 AND 3", as shown on that certain plat entitled, "SUBDIVISION OF
PROPERTY OF DENNIS J. CARDOZA" , which said plat is duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 145 at
page 32.
LESS AND EXCEPT THE FOLLOWING PROPERTY(KFC Ground Leased Premises):
ALL THAT certain piece or parcel of land, with the buildings and improvements thereon and the
appurtenances thereunto pertaining, situate in the City of Virginia Beach, Virginia, containing
0.859 acres,more or less, and being more particularly bounded and described as follows:
Being a.portion of the property conveyed to Westview Plaza Associates in Deed Book 2367,
Page 1031 and being a portion of Parcel 1 and Parcel 2 "SUBDIVISION OF PROPERTY OF
DENNIS J. CARDOZA, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA
DATED FEBRUARY 20, 1980 BY BALDWIN AND GREGG, LTD." of the property of
record at the Circuit Court Clerk's Office of the City of Virginia Beach, Virginia in Map
Book 145,Page 32,and more particularly described as follows: Beginning at an iron pin found
on the northerly right-of-way of Indian River Road said point being±962' northwest from the
intersection of Indian River Road and Military Highway (U.S. Route 13) thence with the
property of Bertie M. Twyford N 28*36' 30"E 229.49' to an iron rod set; thence leaving the
line of Twyford with a new division line the following four courses and distances,
S 60°50'50"E 111.36' to a point; thence S 31°27'47" E 59.48' to a point; thence
S 29009'10" W 170.14' to a PK nail set, thence S 60°50'50"E 32.00' to a PK nail set,thence
S 29009'10" W 30.16' to a PK-nail set on the northerly right-of-way of Indian River Road.
5
Thence with the northerly right-of-way of Indian River Road, N 60°50'50" W 193.00, to the
point and place of beginning containing 0.859 acres being a portion of the property conveyed
to Westview Plaza Associates in Deed Book 2367, Page 1031 and known as a portion of
Parcel I and Parcel "SUBDIVISION OP PROPERTY OF DENNIS J. CARDOZA,
KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA DATED FEBRUARY 20,
1980 BY BALDWIN AND GREGG,LTD."of record in Map Book 145,Page 32 in the Circuit
Court Clerk's Office of the City of Virginia Beach, Virginia.
IT BEING a portion of the same property conveyed to Westview Plaza Associates, a Virginia limited
partnership,by deed from Dennis J. Cardoza and Susan J.Cardoza,his wife,dated September 24, 1984
and recorded October 15, 1984 in Deed,Book 2367 at page 1031. (NOTE:Westview Plaza Associates,
a Virginia limited partnership, is now known as Westview Plaza Associates, LLC Successor to
Westview Plaza Associates by Articles of Organization filed on 01-08-97.)
S'\Clients\2397\001\Rc ring\Westview Plus Associates,L.L.C.P`vfF vl CLN 10.30-2024.do
6
42
ITEM— VI.L.6
PLANNING ITEMS
ITEM#76685
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED,AS CONDITIONED,BY CONSENT, application of VIBE 19,LLCfor a Conditional Use
Permit re short term rental at 1907 Cypress Avenue, Units 101-109, 200, & 300
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
VIBE 19,LLCfor a Conditional Use Permit re short term rental at 1907
Cypress Avenue, Units 101-109, 200, & 300 (GPIN 2417970315)
DISTRICT 6
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling units addressed as 1907 Cypress
Avenue Unit 101-109, 200, and 300 and the Short Term Rental use shall only occur in the
principal structures.
2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning
and Community Development (Zoning Administration) before using the dwellings for
Short-Term Rental purposes.
3. The dwelling units 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. The garage space within the unit must remain a minimum of 9-feet by 18 feet, contain a
minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to
ensure vehicular accessibility to the Short Term Rental tenants.
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 18, 2025
43
ITEM— VI.L.6
PLANNING ITEMS
ITEM#76685
(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 notify
the new property owner of requirements `a'through `c' below. This information must be
submitted to the Planning Department for review and approval. This shall be done within
six(6)months of the property real estate transaction closing date.
a) A completed Department of Planning and Community Development
Short Term Rental Zoning Permit, and
b) Copies of the Commissioner of Revenue's Office receipt of
registration;and
c) Proof of liability insurance applicable to the rental activity of at least
one million dollars.
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 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.
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 18, 2025
44
ITEM— VI.L.6
PLANNING ITEMS
ITEM#76685
(Continued)
16. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least one million dollars ($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 18, 2025
45
ITEM— VI.L.6
PLANNING ITEMS
ITEM#76685
(Continued)
This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18ra 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 18, 2025
G1NIA"BPA
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tz
City of Virgi rii a g each
2 OF OUR NAr�
VBpvxmn
ROBERTW.'WORTH REMICK CELL:(757)840-5655
COUNCIL MEMBER EMAIL:WRemick(&vboov.com
DISTRICT 6
File No. 0093382
February 18, 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 Vibe 19, LLC
for a conditional use permit for short term rentals for property located at 1907
Cypress Avenue,Units 101-109, 200, and 300.
2. Members of the applicant LLC also are clients of Colliers International Virginia,
LLC ("Colliers") with respect to property located in another locality. 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 any party to this transaction, 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. I hereby disclose the facts above and declare that I am able to participate in this
transaction fairly,objectively, and in the public interest.
2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456
Mrs. Amanda Barnes -2- February 18, 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.
Sincerely
Worth Remick
Councilmember
RWR/RRI
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® site VIBE 19, LLC W E
Property Polygons 1907 Cypress Avenue, S
® Zoning Units 101-109, 200, & 300
Building Feet
0 2550 100 150 200 250 300
46
ITEM— VI.L.7
PLANNING ITEMS
ITEM#76686
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
ADOPTED, BY CONSENT, Ordinance to ADOPT and INCORPORATE into the Virginia Beach
Comprehensive Plan, 2016 re the Urban Forest Management Plan, 2023, which will supersede the Urban
Forest Management Plan,2014(Deferred indefinitely from November 12, 2024)
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 18, 2025
1 AN ORDINANCE TO ADOPT AND INCORPORATE INTO
2 THE VIRGINIA BEACH COMPREHENSIVE PLAN, 2016
3 THE URBAN FOREST MANAGEMENT PLAN, 2023,
4 WHICH WILL SUPERSEDE THE URBAN FOREST
5 MANAGEMENT PLAN, 2014
6
7 WHEREAS, the public necessity, convenience, general welfare and good zoning
8 practice so require;
9
10 WHEREAS, the Urban Forest Management Plan, 2023 has been developed with
11 extensive input from the community and stakeholders, including two public meetings
12 and an online public survey; and
13
14 WHEREAS, the revisions to the Urban Forest Management Plan were necessary
15 to identify immediate and long-term priority actions to preserve, expand, and diversify a
16 sustainable urban forest for Virginia Beach.; and
17
18 WHEREAS, the Urban Forest Management Plan, 2023 should be adopted and
19 incorporated as part of the Comprehensive Plan 2016.
20
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23
24 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby
25 is, amended and reordained by:
26
27 The adoption by City Council of the Urban Forest Management Plan 2023 and its
28 incorporation into the Comprehensive Plan 2016. Such document is attached hereto
29 and made a part hereof, having been exhibited to the City Council and placed on file in
30 the Department of Planning and Community Development.
31
32
33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 18th
34 day of February_, 2024 --
ROVED AS 7 CONTENT: APPROVED AS TO LEGAL SUFFICIENCY-
Planning Dep rtment C ity- Attorneys Office
CA16625
R-1
August 15, 2024
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URBAN FOREST
MAN MENT PLAN
s`
Parks & PARK & LANDSCAPE SERVICES I PLANNING, DESIGN & DEVELOPMENT
Recreation PREPARED BY: Stromberg Garrigan & Associates, Inc. I WPL Site Design
E Acknowledgments
Parks & Recreation Public Utilities
Michael Kirschman I Director of Parks and Recreation William Christian I Engineer III
Shirley Deibler I Deputy Director of Parks and Recreation James Plaatsman I Engineer II
Frank Fentress I Park and Landscape Services Administrator
Brooke Costanza I City Arborist Virginia Beach Public Schools
Susan French I Former City Arborist Melisa Ingram I Executive Director of Facilities Services
Symsi Denson I Park and Landscape Coordinator Tim Cole ( Former Sustainability Officer
Rob MacPherson I Landscape Architect Kyle Gilmer I Former GIS Analyst
Corinna Green I Planner/H
Jay Brewster I Plannerll Housing and Neighborhood Preservation
Robert Buchardt I Inspector Supervisor Wells Freed I Housing Code Administrator
Brian Crouch I Landscape Inspector lI
Jeff Klindienst I Landscape Inspector// Agriculture
Mary Prier I Former Marketing Manager(in memoriam)
Jenny McPherson I Rural Community Coordinator
Public Works City Attorney's Office
Michael Mundy I Stormwater Program Manager(Engineer IV) Greg Surber I Associate City Attorney
Sue Kriebel I Former Stormwater Engineer(Engineer//1)
Brian Proctor I Traffic Engineer(Engineer IV) The Center for Geospatial Information Services
Tim Copeland I Rea/Estate Agent
Zand Bakhtiari I GIS Systems Analyst II
Tara Copeland I Media and Communications Coordinator
David Arnold I Former GIS Production Manager(Systems Analyst III)
Planning Consultants
Seth Edwards I Development Services Center Administrator
Carrie Bookholt I Development Services Center Deputy Director Strom berg/Carrigan&Associates, Inc.
Jeff Klindienst I Landscape Architect WPL Site Design
Kevin Kemp I Zoning Administrator
PJ Scully I Planning Evaluation Coordinator
2023 Urban Forest Management Plan
2
Table of Contents
s ments e ow c Aknld 2
g
Table of Contents ..................................................3
r Overview .................................................................4
� Introduction............................................................ 5
rThe UTC.................................................................. 6
Assessment.............................................................7
Benefits of Single Trees...................................... 8
Benefits of Trees as a Forest............................. 9
°
Tree Metrics 11
Mapping Gain & Loss 14
Public Engagement.............................................19
Management & Collaboration 20
g ..... ....................
NextSteps............................................................22
Future Considerations.......................................26
Conclusion ............................................................31
t :t
Marshview Park,Virginia Beach,VA
2023 Urban Forest Management Plan
3
■ Overview
Purpose of the UFMP Update Mission Strive to maintain that annual tree canopy loss is not
greater than the annual tree canopy gain,therefore
The purpose of the Virginia Beach Urban Forest The mission of the Plan Update is to preserve and expand resulting in a net gain.
Management Plan Update is to identify immediate the City of Virginia Beach's urban forest and cultivate its
and long-term priority actions to preserve, expand, stewardship for an adaptable, healthy, sustainable, and Greatly expand and proactively undertake tree
and diversify a sustainable urban forest for Virginia vibrant community. preservation,replacement planting,and reforestation
Beach. This document updates the previous Urban efforts.
Forest Management Plan adopted in 2014. It provides Vision
a current assessment of the city's urban forest and
establishes a clear set of priorities, objectives, projects, By 2045, Virginia Beach will achieve 45% tree canopy
and recommendations for managing and collaborating coverage b planting,nurturing,and protecting a diverse, Measurable Objectives
9 9 9 9 Y P 9. 9. P 9
with partners and stakeholders on positive urban forest regenerative urban forest in partnership with the local Establish tree replacement equivalency in terms
growth. community, which includes residents, business owners, of size, maturity, ecological benefit, and economic
developers, nonprofit organizations, and government value for use in assessment of replanting efforts,
entities. Virginia Beach will be a model city for tree reforestation,and potential tree replacement bonds.
management and green infrastructure that supports the
long-term health,well-being, and adaptability of the city, Ensure adequate resources, human and otherwise,
its environment,its residents,and its economy. to track and record real-time tree loss and tree
planting, building on the efforts currently in place
Plan Priorities specifically for City property, to be able to better
project actual UTC loss and gain in between periodic
Acknowledging a nearly 2,082-acre net loss of Virginia aerial assessments.
Beach's urban forest infrastructure between 2012 and
2018, which significantly impacts the health, safety, and Implement active measures to preserve and protect
welfare of the Virginia Beach community,we will: Virginia Beach's existing urban forest so that no more
than 353 acres (the current average yearly gain) of
r{ Accept that unless a shift in community UTC are lost in an given year to ensure that the City
� '��-y 1�.,", �• �' •, � P Y Y 9� Y Y
`°• " +`` public policy,and tree infrastructure valuation occurs, is not losing more tree canopy than it is gaining.
the measurable Urban Tree Canopy (UTC) goal of
45%reaffirmed in this plan will likely not be achieved. Develop a detailed schedule and strategy to achieve
a 45%tree canopy by 2045,with the understanding
• Preserve and protect Virginia Beach's existing urban that a multi-faceted approach including tree
forest infrastructure preservation,education and tree planting is essential
to mitigate yearly loss.
• Minimize the foreseeable impacts to the existing
urban forest infrastructure. Outline a yearly preservation and/or planting strategy
to maintain 45% tree canopy once the target has
been reached.
The Urban Forest in the Pembroke Area,Virginia Beach,VA
2023 Urban Forest Management Plan
4
■ Introduction
What Are the Urban Forest and the Change Assessment completed for the City of Virginia events and maintaining the integrity of the land on which
Urban Tree Canopy? Beach by the University of Vermont Spatial Analysis the city sits. Acting as natural stormwater infrastructure,
Laboratory,a conservative estimate for a the average tree a healthy urban forest prevents excess runoff, reduces
The U.S. Forest Service's 2011 Vibrant Cities & Urban canopy size of an individual tree in the city was 414 square sudden flood effects,and filters out pollutants from paved
Forests report defines urban forests as"systems of trees, feet. From this average canopy size, the approximate surfaces before they reach larger bodies of water.
other vegetation, and water within any urban area. They number of trees can then be estimated. According to
can be understood as dynamic green infrastructure that the 2012-2018 Tree Canopy Change Assessment, there In highly developed areas,the urban forest also lowers air
provides cities and municipalities with environmental, are approximately 6.6 million trees estimated to exist in temperatures and reduces the urban heat island effect by
economic, and social benefits. Urban forests are forests Virginia Beach. releasing moisture into the atmosphere,providing shade,
for people" In other words, the urban forest is more and absorbing reflective heat from impervious surfaces
than just a collection of trees. It comprises the trees Why Is the Urban Forest and structures,which can reduce energy consumption and
and everything integral to their ecosystem within our costs.Additionally,the urban forest has positive economic
So Important. and social effects, such as increasing property values,
community. According to the U.S. Forest Service, urban forests "include urban parks, street trees, landscaped A healthy urban forest is vital for maintaining the quality of boosting activity in commercial districts, strengtheningcommunity engagement and pride,encouraging physical
boulevards, gardens, river and coastal promenades, life in Virginia Beach,defined broadly as the city's public activity, and discouraging crime. Many of these benefits
greenways, river corridors, wetlands, nature preserves, health,safety,and welfare.The direct and indirect benefits were discussed in the 2014 Urban Forest Management
shelter belts of trees, and working trees at former of an urban forest are numerous,but one important benefit Plan, which found that apartments and offices rent
industrial sites" As the 2014 Urban Forest Management is the ability of a healthy urban forest and its root system more quickly and have a higher occupancy rate when
Plan noted, Virginia Beach's urban forest is a vital to intercept rainfall and absorb millions of gallons of surrounded by a tree canopy and that homes planted with
component of the city's infrastructure, as important as stormwater per year.In a low-lying city like Virginia Beach, trees sell more quickly and are worth more money than
efficient transportation and clean water. with an average elevation of 12 feet above sea level,
those without.
Urban tree canopy, or "UTC" for short, has a more interception of stormwater is crucial to mitigating flood
quantifiable definition than urban forest.It is blanket term
for measurable tree coverage in a given area, referring ;
to the size,in square feet or acres,of the layer of leaves,
branches,and stems of trees that cover the ground when
viewed from above.Based on the 2012-2018 Tree Canopy
c
A healthy Urban Forest functions as .
a network of green infrastructure .x
that provide a broad set of systemic
community-wide economic, health,
and safety benefits.
got
Red Wing Park,Virginia Beach,VA
2023 Urban Forest Management Plan
5
The UTC
Virginia Beach's a
Urban Tree Canopy (UTC)
The review of Virginia Beach's urban tree canopy in
this Plan Update builds upon and refines findings in the
University of Vermont Spatial Analysis Laboratory's 2012- ;
2018 Tree Canopy Change Assessment.The assessment
established metrics and used tree coverage data from ;. -
2012 and 2018 to estimate the change in Virginia Beach's '
UTC over that six-year time frame. .,
Using LiDAR(light detection and ranging)aerial mapping `
technology, the data from the 2012-2018 assessment r109598 acres
indicated that Virginia Beach's UTC, based on total land
coverage, dropped from 41.7%to 40.3%(a total of 1.34%
net reduction). Relative to the total tree canopy area,this
would equate to a 3.2% loss, which amounts to 2,082 `}.k "''w•
net acres of tree canopy. This equates to approximatelyR ,
219,105 trees. f
The goal of this plan is to achieve a 45% Urban Tree
Canopy(UTC)by the year 2045. 41,724 "`
acres
a
J.
154,874 acres
' A 40% tree canopy was a goal for municipalities
previously set as a benchmark in a 1997 article from
American Forests Magazine, a publication of the oldest
national non-profit conservation organization in the US. '.
American Forests also cites a national analysis by U.S.
Forest Service researchers specifying that "a 40-60 its,
#
percent urban tree canopy is attainable under ideal 62,443 RBANTRECANOPY
conditions in forested states."Given that Virginia Beach is acres T
located in a forested region,40%should be the baseline
for the UTC in the city, with 45% being the target goal
recommended in the 2014 Urban Forest Management
Plan and reiterated in this Plan Update. 0 Virginia Beach's UTC coverage in 2018
2023 Urban Forest Management Plan
6
■ Assessment
Benefits of Trees and the Urban Forest Environmental& Health
■ Improve air quality by absorbing and filtering The City of Virginia Beach calculated the value of the
Virginia Beach's urban forest contributes to the city's pollutants ecosystem services provided by its existing UTC to
overall sustainability as a community and to the quality of ■ Reduce greenhouse gases by direct carbon be almost $446M in 2018 USD annually based on the
life of its residents.The path to a sustainable community, sequestration and through avoided carbon emissions benefits derived from an average tree with a 414-square
as defined by the Urban Sustainability Directors Network from reduced energy use foot canopy.In 2022,this would equate to roughly$493M.
(USDN), includes the common elements of "a healthy ■ Save energy by directly shading building and through The economic values of Virginia Beach's ecosystem
environment, a strong economy, and the well-being of the cooling ettects of transpiration services are based on the cost of obtaining these same
people living in the community." The tree canopy plays ■ Mitigate overall air temperature extremes and reduce services without the benefit of having trees. Without
numerous roles within the city and affects all areas of urban"heat island"effect trees, additional infrastructure such as filtration systems,
sustainability, including but not limited to stormwater ' Help manage ater,reduce flooding,and
quality
improve water quality check dams, and ponds,would need to be built to meet
management, energy use, air and water quality, wildlife state and federal environmental quality standards for
■ Support wildlife populations and overall biodiversity
habitat, public health, economic viability, social equity, stormwater mitigation and erosion control. Without trees,
and overall livability. ■ Reduce ultraviolet radiation levels air pollution and ambient temperatures would be far
Economic less mitigated through transpiration. Whole ecosystems
Since trees are the defining element of the urban forest, , Save energy and cut costs for summer cooling(shade) would be greatly affected, with no trees contributing to
it is important to establish the value that a tree provides and winter heating(windbreak) pollination and fewer habitats for insects, mammals,
to the community. There are both direct and indirect ■ Increase property values,benefiting homeowners and and birds. The local lumber industry and various other
benefits from trees, and these benefits compound increasing local tax revenues tree byproducts would essentially cease to exist. The
when trees are working together in the same area. The ■ Boost commercial district activity wellbeing of the public would also suffer from lack of trees
"natural capital" of the urban forest can be categorized, ■ Support green industry jobs in streets and open space. These would be just a few of
as with other contributing factors, to a community's m Reduce cost to taxpayers for traditional"gray" the ramifications of not having trees,and they underscore
overall sustainability, into environmental, economic, and infrastructure(like treatment plants and stormwater the value of trees in our city.
social benefits.These benefits are collectively known as pipes)
ecosystem services, which are often defined as direct ■ Supply wood products—ranging from recycled A summary of the annual value of the ecosystem services
and indirect contributions of natural systems to human material such as mulch,to hardwood furniture,and provided by the city's UTC is outlined below:
well-being — in other words, any positive benefit that fuel for energy production
wildlife or ecosystems provide to people. Social
■ Promote public health and well-being
In The Sustainable Urban Forest: A Step-by Step a Encourage physical activity by creating
Approach, published by the Davey Institute and the U.S. attractive,shaded outdoor spaces Ecosystem Service Calculated Value
Forest Service, Urban Forester Michael Leff summarizes . Discourage crime and create safe
the ecosystem services provided by trees: places to gather Increased Property Value 5199,337,587"
■ Strengthen community engagement Stormwater Runoff Reduction 5142,815,001
and revitalize neighborhoods Electricity Conservation $39,516,769
■ Promote social equity and Air QU811 Improvement $30,087,746
environmental justice for neglected Quality p
communities Natural Gas Conservation $18,648,412
■ Supply healthy edibles—fruit and nuts COz Reduction $15,535,459
■ Provide solace,spiritual sustenance. Total Annual Ecosystem Services $445,940,973'
and a sense of place '1 2018 1%Sn
2023 Urban Forest Management Plan
7
■ ;e n of i is of �i n I Trees
Water Quality Habitat&Diversity
&Water Table Management Total savings benefit Total savings in
$67.87 per "Stormwater Runoff Reduction"
10-yr old tree $21.74 per tree
Stormwater Absorption Soil Stability&
Erosion Control
Benefits in Savings
0 "Air Quality Improvement" "Energy Conservation"
$4.58 per tree $8.85 per tree
Pollination Urban Heat Island +=
Reduction
N
C
d
m
t
Air quality improvement Human Health, = Estimated increase in Reduction in
through Carbon Dioxide(CO2) Safety&Wellness "Property Value" "Carbon Dioxide"
reduction/carbon sequestration = of $30.34 per tree $2.36 per tree
m 13%
U 44.7%
0 0
> 0 �.
w w
3.5%
M. a� ,
, I �
32% 6.8%
Environmental&Health Benefits of Tree in Virginia Beach Economic Benefits of Tree in Virginia Beach in 2018 USD
2023 Urban Forest Management Plan
8
■ Benefits of Trees as a Furest lof 2
Environmental & Health Benefits
Pollination
Soil Stability&
Erosion Control
Water Duality
&Water Table Management
Urban Heat Island
Reduction
Air quality improvement
through Carbon Dioxide(CO2)
reduction/carbon sequestration
Human Health,
Safety&Wellness
Habitat& Diversity
nn
.-At
r,
Environmental&Health Benefits of the Urban Forest in Virginia Beach.
2023 Urban Forest Management Plan
9
■ Benefits of Trees as a Forest 2 of 2
Economic Benefits
Benefits in
"air quality improvement"
$30,087,746
Total savings benefit
$445,940,973 Savings in
"Energy Conservation"
Total savings in $58,165,181
"stormwater runoff reduction"
Reduction in
$142,815,001 "Carbon Dioxide"
Estimated increase $15,535,459
"Property value"
$199,337,587
I
I
I
I
4sit
glossa
3
of
t
w.r.
x Economic Benefits of the Urban Forest in Virginia Beach in 2018 USD
2023 Urban Forest Management Plan
10
■ Tree Metrics r
Establishment of Assessment Metrics
The CityofVirginia Beach used the UTC metrics established
in the 2012-2018 University of Vermont assessment for
the basis of quantification. The following information
provides an updated understanding of the current state
of Virginia Beach's UTC. The UTC quantification metrics
found in the University of Vermont assessment establish
a consistent methodology for performing future citywide
UTC assessments as the city strives to reach its 45%UTC
goal by the year 2045.
As touched upon in the Introduction of this Plan Update, j 2,500 SF
414 square feet is an average derived from University (Largest Single Tree Size)
of Vermont data for the purposes of UTC estimates.
This is a tree at approximately 10 years' growth and is W ;""""""""-""";
a more conservative estimate than the 828 square feet Z
average tree canopy size used in the 2014 Urban Forest <
Management Plan. W An Individual Tree
N i i The area of an individual tree was
The following graphics highlight the tree size used for u9
assessment,the number of trees in an acre,the number W ; estimated at 414 square feet and
of trees lost from 2012 to 2018, and the total value of W ; used as a conservative basis of
' '
ecosystem services lost as a result of lost trees over the measurement for the UTC. A 414
same time period. It is important to note that tree loss is ------ ---- square foot canopy size is what one
immediate,in contrast to tree gain.It can take at least 10 would find on a 10-year-old canopy
414 SF tree.
years to grow a new tree large enough to provide similar (Average tree size used for
measurable value of the ecosystem services to a more UTC assessment)
mature tree. Calculation must account for the 10 years it
would take for a tree to effectively replace the dollar value
lost during the same assessment period.
16 SF
(Smallest Single Tree Size)
SF= Square Foot
Measured by LIDAR
2023 Urban Forest Management Plan
11
Tree Metrics 2 of 3 FROM 2012-2018 THE CITY
HAD A NET UTC LOSS OF
AWIAW
..
� 1 � � � ■ueu■.Niinr�rrmnu.auW■u.rera: �..
■.r�" f■n■f■■■■.■■■■■.■.■/■.■/1.■
..r ro.N N.o■.u■N.uo.. ■.■.■.«
■.■ H.O��f/N■Nt■■■NN■■■O■NN.■■a
N■ �■ N.N a NaouuouuovNNu..a
Number of � � � � � � iiiiiiiiiii------ --ii■ �n����- ---
NNNNNr■■■■our
While the UTC Assessment
data ------------- NNu.Nnunun.uoa
■t■NN■H■.....!■■N.INNNNON■■N■■■■NN g
square • acres as a basis of &� +�+J� ANk
measurement, providing •
[ ■.■u.■u■r a■.■.■.■.■.■NNN.NuroN■Nu.r
� Y � � `� i ■■l.l../.i.i.....i....1.1.1...1.1.!■1...1■■i■..z
■■1.1NNi■i.N.■.N1.O..U..INNNN.N N.N9=..
.■..NNN■■■.■■■.■■■..■.■■■....■■NN.uo■■■.•.,.
F ■� uuuu■Nuuouuuuuwoouiu■.uoue::
of •w many trees are inan acre canhelp to contextualize and scale the
1 r NNro u■1■NNNN.N N...N■..■N.■.■N rsw.9'
1441
Lit I
� � � � � �I ■...■/.NNNNN■rN.NiN.1....N.r..N NR1s'^"
` NN.uuuu■Na■NNa■NNNN.u■NNN■.
r � r f r' r (► � r N.■NNN0000r.■■oN.■■..u.o o...u..w
value of tree loss or gain.
■.N.N..NN.NNr.■.lHt■/■/■.■■N1..i■■■N■tk.:
������������������� O■...■■■.NN1.U....1NN.rt■■Np.N.it�r�r.^
� r r r r � � � r N■u■ouN.wuu..uNNNrN.N■o..
n■uuuuuuum.umrtf■NNNn■x
r r r r �" I I F' r !F NNNo■o■r■ru..■or■.■.■o.u.N.uNuu..m
L I � � � ■.uu1N■■N■fNnuuN..uN.n1Nn.N..o.w
n■unununnuunuuuuuan..in.iN■■.r
■■.
uNr.l.NuuuuNn■NNi1un■Nu■■■■■u..■.■
1' r r r r r r `1' P F' NN.■.usuN.0 u■NN■■■NNN.■N NN.NN■
e • ' • • APPROX. • •
ST
• LOST
EQUIVALENT • EQUIVALENT TO
OF
FOOTBALL FIELD FOOTBALL FIELDS
414 SF TREE
Ot OZ OE 06 OS 09 OE (L Ol Ot OL Of Ot O5 0> O[ OL Ot
EQUIVALENT
TO � 10 20 30 40 50 40 30 0 10 10 20 30 40 50 00 30 20 tp
PARKED CARS OF AN INTERNATIONAL 1,249 INTERNATIONAL
FOOTBALL FIELD FOOTBALL FIELDS
Valuesare • •-• to the
nearest • number• Urban Forest Management Plan
Tree Metrics 3 of 3
YEARLY VALUE OF TREES CUMULATIVE LOSS OF VALUE
LOST PER YEAR FROM 2012-2018 FROM 2012 THROUGH 2O18:
2012-2013: $2,478,477
1 1 1 1
! I ,
2013-2014: $4,956,953
1 1 1
Er
1 2014-2015: $7,435,430
1 1 �k •'44
1 1
1 1 1
BASED ON A ; 2015-2016: $9,913,907
1
-IEIFIF�
414 SF TREE SIZE i
-------------------" 2016-2017: $12,392,383
1 1 1
1 1 1
1 1 ' 36,518, TREES LOST PER YEAR X $67.87 2017-2018: $14,870,860
1 1 1
1 1 _
$2,478,477 PER YEAR
1 1
Tota$52l loss f 048,010rom 2012 to 18
------------------- Value of Tree Loss Between
UTC Assessments $19390.9425,9406
TREE Total loss from 2012 to 2045
_ The amount of net tree loss as (assuming the same rate of loss)
$67.87 VALUE PER YEAR measured in acres can be tabulated
to show approximated value in trees If steps are taken to achieve
from2012to2018.Projecting the rate the 45% goal by 2045,
of loss forward without intervention
shows the compounding loss as & if the rate of tree loss is eliminated,
an opportunity cost which would the City will gain roughly
otherwise be attributed to various
City services. $2,13 0,74 7,3 O 3
in equivalent value
Values are in 2018 USD
2023 Urban Forest Management Plan
13
E Mapping Gain & Loss
Changes in the UTC
As a continuation of the assessment/management/collaboration model `-
established in the 2014 Urban Forest Management Plan, the current /
extent and condition of the UTC was assessed for both geographical First Landing North
losses and gains.This section details the changes in the UTC from 2012
State Park
to 2018 and highlights the areas of the city where such losses and gains
were observed. #3roadBay 1
ram:.- i Lihla Creek;^ V \
z YWettern Lynnh�ver)
Currently,UTC loss is outpacing UTC gain by twofold.At the current Riverw _
kastern Lynnhaye t
pace and with no proactive plan or policy measures,the UTC would River '
decrease to roughly 34.3%by 2045. This would amount to a net loss
lo
of over 800,000 trees or roughly 7,600 acres between 2022 and
2045,which is roughly equivalent to 13%of the existing tree canopy. e'
Norfolk WolfsnareGeek
t
5000
�► + " ,Naval Airr ocean-front
Station 1.
Elizabeth River ' Oceana �
London Bridge Q2ek
4000
r
3000 *'Darn Wck
f Upper NorthLanding'River
v
2000 Upper West Neck
creek .
Chesapeake
1000 ¢
LEGEND:.
Gain
0 Gain Loss �..._
Z121wn 4,2M aaei
Virginia Beach Tree Canopy Change in Acres from v
2012to2018. 0 1 2.5 Smi
Partial Virginia Beach Map of Tree Canopy Change front 2012 to 2018.
2023 Urban Forest Management Plan
14
■ Mapping Gain
Tree Canopy Gain Per Zoning District
Change from 2012-2018-Gains
During the six-year period between the two aerial assessments of
the UTC in 2012 and 2018, there were certain areas of the city that �' First Landing North
experienced gains in the UTC. Total gains equated to 353 acres per State Park
year, on average. These gains, though small, were significant in the
residentially and agriculturally zoned properties in the southern half of '.Broad Bay
Virginia Beach away from urban development. Agricultural timbering Little Creek Western Lynnhaven .a Enlarged
activities occur not only on agriculturally zoned land but on land zoned River Eastern Lynnhaven Plan North
for single-family residential as well.The categorizations used in the map River �
on the right represent zoning districts rather than land use categories.It
is recommended that additional analysis be completed that also looks at 5�
land use in order to fully assess sources of loss. Wolfsnare Creek !
Norfolk ',
Thalia Creek
1.6%
I ;Naval Air , Ocean-front
Station
Elizabeth River London Bridge C2ek 1'♦ Oceana
43M
Dam Neck
Enlarged
Upper North Landing River B r 9'Plan South
Upper West Neck
79.4% Creek
t
Virginia Beach Tree Canopy Gain By Percentage from 2012 to 2018.
Zonina Cateaories Chesapeake
Single Family Residential' Parks or Open Space
1,685 acres 33 acres
Multi-Family Residential Industrial
63 acres 210 acres
- Commercial Right of Way
52 acres 78 acres
fl 1 25 Scot{
ingleFa Family
cooedlandising Cated.ded within �--
Single Family Residential Zoning Category
Partial Virginia Beach Map of Tree Canopy Gain from 2012 to 2018. Upscale on page 17
2023 Urban Forest Management Plan
15
■ Mapping Loss
Tree Canopy Loss Per Zoning District
Change from 2012-2018-Losses
Tree loss reflected in the UTC assessment was over twice the amount of
tree gain from 2012 to 2018.As with the gains,losses occurred primarily First Landing North
on residentially and agriculturally zoned properties. However, there State Park
were also significant losses of UTC acreage in rights-of-way and, to a
lesser extent,in multifamily and commercial zones. In rights-of-way 337 C ! 4ad Bay ` p
acres of UTC were lost with 315 aggregate acres lost in the multifamily y .Little Creek Western Lynnhaven Enlarged
and commercial zones.Much of Virginia Beach's existing development is River Eastern Lynnhaven Plan North
located in the Lynnhaven River watershed where over 2%(roughly 759 River
acres)of UTC loss occurred.
Norfolk Wolfsnare Creek
1.5% Thalia Creek
Naval Air, Ocean-front
Station at
Elizabeth River Oceana
London Bridge Creek
4.2'h
Dam Neck
Enlarged
Upper North Landing River a plan South
Upper West Neck
78.1% Creek
Virginia Beach Tree Canopy Cain By Percentage from 2012 to 2018.
Chesapeake
Zonina Categories
Single Family Residential" Parks or Open Space
3,282 acres = 63 acres
Multi-Family Residential Industrial
175 acres 205 acres
- Commercial Right of Way
142 acres 337 acres 0 1 2.5 S mi
Agriculturally mned land is included within —
Single Family Residential Zoning Category
Partial Virginia Beach Map of Tree Canopy Loss from 2012 to 2018. Upscale on page 17
2023 Urban Forest Management Plan
16
■ Majopoing Gain & Loss
Enlarged Plan North Enlarged Plan South
EsI Pi ray Grove
icUry-Nut
A Tree Canopy Gain-Lynnhaven Watershed Area B Tree Canopy Gain-Southern Rivers Watershed Area
• ~
!v A `+
, ,4
�"' #� � s
` t t i ,, •
i
A,
C Tree Canopy Loss-Lynnhaven Watershed Area Tree Canopy Loss-Southern Rivers Watershed Area
2023 Urban Forest Management Plan
17
■ M pring N t Loss ;oy Cloilliounuil Distriulit
Tree Canopy Net Loss Per Council District
Change from 2012-2018-Net Loss
There was net loss of Urban Tree Canopy during the six-year period
between the two aerial assessments from 2012 and 2018. The map First Landing North
to the right shows how this relates to the Council Districts, which were
State Park
newly created in 2022. Each district is shown with its own percentage 9
of Urban Tree Canopy coverage in 2018 relative to its current district 35.24% q
boundaries,and the percentage of net loss from the two assessments is (-2•2S%) 6 y
shown below the UTC percentage. 8 �,.
54.26% n
48.64% (-1.65%) 0
The bar chart below shows for each district, the approximate acres of (-2.86%)
UTC gained or lost between the two different assessments.
4
Norfolk 25.26%
3
1 30.11% Naval Air
32.65% (-2.11%) Station Oceana
(-2.58%)
Approximate Tree Canopy Loss/Gain 5
in Acres by Council District 10 40.26%
2500 20.89% (-0.80%)
7 (-0.92%)
1,985 34.02%
2000 (-1.2 7%)
■Gain ■Loss
,n 1500
d 1,314
U
Q
1000
Chesapeake
500 4%
7.
399 356 2
182 25 318 286
57 28 411 1 10 58134 84 25 48 85 41 41 %)
1 2 3 4 5 6 7 8 9 10 0 1 2.5 5mi
Districts
Partial Virginia Beach Map of Tree Canopy Net Loss from 2012 to 2018 by Council District.
2023 Urban Forest Management Plan
18
■ rou bl is Engavement
Public Engagement for the Urban Forest Management Plan
Update
i
Meetings:
On November 14th and November 29th of 2023, Public Meetings occurred at the Great Neck
Recreation Center and the Princess Anne Recreation Center,respectively. Surveys were handed
out at the meetings and made available online through January,2024.
y �
Survey Results:
► The survey consisted of 13 questions completed by 58 participants.Approximately 60%of them
had some familiarity with the concept of an Urban Tree Canopy(UTC). Half of them felt they had
a strong understanding of the importance and benefits of a healthy UTC. About 85%expressed
interest in learning more about tree care,planting,and conservation.
Over 80%of the participants prioritized planting new trees"everywhere",with schools,residential
areas,parks, and waterways being the next top choices. The preferences for tree preservation
h / areas mirrored these results,with"everywhere"leading,followed by residential and commercial
Public Meeting at the Princess Anne Recreation Center,November 29,2023. areas,waterways,and parks.
When asked about actions to prioritize for the UTC,the respondents'top choice was to modify
ordinances and design guidelines to recognize trees as infrastructure.This was followed by the
desire to plant more trees in socio-economically disadvantaged areas, Increase the care for
Question#4:Where would you like to see more trees preserved? large or heritage trees, and establish a tree mitigation fund that would require all projects to
compensate for city trees removed.
Residential" —�afea' In response to an open-ended question,the respondents identified new development as the most
Fndustriai:' significant threat to existing trees. Other threats mentioned included lack of knowledge, costs,
commercial._ potential storm damage,invasive plants,and maintenance issues.The respondents perceived the
Waterway greatest challenges to planting new trees to be costs,followed by maintenance,lack of education,
epg Offer
and difficulties in finding suitable locations or sites.
Roadways
Regarding the feasibility of the Next Steps outlined in the report,the respondents believed that
Schools �■ targeting public lands for maximum tree cover was the most feasible, followed by multi-level
education programs and the formalization of a tree tracking and removal notification system.
Parks In terms of Future Considerations,the respondents felt that the most feasible approach was to
educate City departments and the development community about the UTC.This was followed by
Everywhere - the idea of incentivizing tree protection through land development ordinances and promoting a
property owner tax incentive education program.
Other(please S i
oar ,o% 30% aos:, sow so% pox aox ee% ,00x
A majority of the respondents were in favor of participating in tree-based tax incentive programs
for planting on private property,including their own property.
Example of one of the survey questions and compiled results.
2023 Urban Forest Management Plan
19
9 Manag menu & Colla;woration
The Goal Moving Forward
The current plan establishes a goal of 45%tree canopy Virginia Beach's urban forest is a dynamic asset that
coverage by 2045. The existing tree canopy is nearly 1 requires a multi-pronged approach to mitigate tree
million trees short of this goal, necessitating planting of loss (preservation) and promote tree gain (planting), to Between 2012 and 2018, the City of
almost 40,000 trees per year until 2045 in order to reach minimize tree conflicts with other assets, and to ensure Virginia Beach had a net loss of 1.34%
the desired tree canopy coverage.Meanwhile,the City is the health and longevity of trees in the community.
also losing roughly 36,000 trees every year on average. Everyone has a role in managing the urban forest, and in its Urban Tree Canopy, which is
Steps taken to achieve the 45% tree canopy coverage management of the urban forest will achieve the greatest equivalent to 219,105 trees or roughly
should account for not only the gap between the existing success and community support as a collaborative effort 2,082 acres.
and desired canopy,but also this current rate of decline. between all stakeholders,from the municipal government
to homeowners to developers.
Current Tree Canopy in 2022* Yearly planting required to achieve 4 5
a UTC by 2045
36k annual loss 76k trees
j� 36k replacement
6101()00
acres
if yearly tree loss remains the same
or
40ktrees
trees
*Projected 2022 tree canopy based on average yearly loss from 2012-2018 if yearly tree loss is reduced to zero
2023 Urban Forest Management Plan
20
;�lFi, V""','� iii e '& s`ro74� �•s..� *� r +R_ �:, _� }�f �r .w� i
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Next Steps 1 of 4
r� Next Step #1:
Keep Doing What's Working
Targeted Goal:
y ' Build upon and carry forward the successful elements of the sustainability model established in
47, the 2014 Urban Forest Management Plan, and more recent and groundbreaking achievements
ate ` made since embarking on this current plan beginning in 2021.
;g
Desired Outcomes:
■ Tree Mapping / Inventory — Continue and advance tree mapping for new installations,
replacements,and maintenance of trees.
■ Inventory Trees — Continue the Virginia Beach Tree Inventory for trees and extend the
inventory to include available parcels for reforestation, preservation, and temporary holding
nurseries.
■ Tree Canopy Loss Mitigation—Continue to implement and apply the new City Policy for tree
a loss mitigation based on acre,caliper size,or specimen.
"`. ■ Collaboration&Engagement-Expand on the success of events like Arbor Day and Treetopia
and multiply recent efforts on the website and branding that have a high response rate.
w s Tools&Techniques
' ■ Review the most recent strategies and successes toward UTC preservation which have occurred
since the most recent UTC assessment.
■ Find ways to summarize these achievements and broadcast this information to other City
Departments in order to solicit help and spur improvements.
.�.
,l� ,?," ■ Pre-plan the next UTC Assessment collection and the next Urban Tree Forest Management
Plan Update with the knowledge learned since 2021.
1111mcipal CPI?1"I Chompimr Two,Ilw Chine.sr lir, 1"irpinin 13ench, I I.
2023 Urban Forest Management Plan
22
Next Steps 2 of 4
Next Step #2:
Undertake A Multi-Level Educational Program
Targeted Goal:
Greatly increase community and stakeholder understanding of the problem of tree canopy loss
and the need for and benefits of a healthy,growing tree canopy in Virginia Beach.
Desired Outcomes:
■ A seamless connection to constituents, City staff, and elected officials about the UTC and
documentation of each meeting occurrence.
■ The establishment of a network of organized constituent groups such as members from
`f the Master Gardeners'Tree Stewards project supporting the allocation of City resources to
implement the vision of this Plan Update will have taken place.
■ Formation of several formalized projects,actions,and partnerships will have been established
over the next five years. Partnerships would ideally involve an organized constituent group
with members such as residents, business owners, and developers who are committed to not
t :
cutting down trees and who can become advocates for budgetary and staff resources.
A Tools& Techniques
■ Expand current branding and public relations initiative for the educational program and
various implementation initiatives to foster greater awareness of the importance of the tree
h canopy to the environmental,economic,and social health of Virginia Beach.
■ Formalize the current educational program crafted for the various stakeholder groups who
can have the greatest effect on maintaining the city's tree canopy,including residents,business
owners,developers,government staffers,elected officials,and the tree service industry.
■ Perform outreach with formalized groups to establish a partnership network.
■ Utilize a multi-generational approach to tap into younger residents'interest in the environment
and to senior citizens'interest in supporting community benefits and beautification.
Princess Anne Commons Arbor Day Celebration,Virginia Beach,VA.
2023 Urban Forest Management Plan
23
Next Steps 3 of 4
Next Step #3:
Target Public Lands for Maximum Tree Cover
Targeted Goal:
Prioritize public resources on increasing UTC on public lands,where there is the greatest ability to
permanently protect the urban forest.
Desired Outcomes:
x
The City and its partners will take steps to maintain and preserve public lands.
44� R
t Tools&Techniques
y w ■ Record formal protection covenants on public woodlands.
i ■ Allocate annual capital resources for tree plantings.
■ Pursue funding through government and foundation grants to leverage city funds in
maximizing the number of annual tree plantings.
■ Map all areas on public lands, including those owned and managed by non-City public
entities,where unforested areas could be planted with trees.
■ Consider Open Space funds for acquisition of forested parcels or those that might be suitable
for tree planting.
■ Implement a capital improvement project that includes funding for a targeted number of
x',; = • planted trees per year and that leverages city funds with potential grant opportunities that
could speed up or improve the outcomes of tree planting projects.
a' +�� • ■ Coordinate with Department of Parks and Recreation staff to maximize tree cover in all park
improvement projects.
■ Apply for grants for Natural Area preservation.
? R
w
tva.•4
4 n
View of the forest at Marshuiew Park and Owls Creek.
2023 Urban Forest Management Plan
24
Next Steps 4 of 4
Next Step #4:
,py Formalize Tree Tracking And Removal Notification System
'' " fO ° Desired Outcomes:
r, a p Q ,
o �,y
■ Tree planting and removal will be documented and tracked citywide.
dD
r,,> ° .o . � -a� o ■ The Urban Forest will be established as a public service utility/resource.
- u uo ■ A combination of reporting methods and tracking/management platforms will be utilized to
�° f P°� a establish an information clearing house for the Department of Parks and Recreation.
Q%.
�As a 3 4 "` o ■ The tracking systems currently used for trees on City-owned properties will be deployed
99,
a_ ono Do o ' throughout the city to better gauge the state of the UTC in between aerial assessments.
s+ '' V doh s� '
° �' Tools& Techniques
> ■ Further develop an electronic tree removal permitting process for the tree service industry for
�, ' o QD r c o tree removal on City Property.
o � o.�..
Q 'Lo 4x u o ■ Record and document all approved site plan tree inventories and preservation plans for City
° trees for more thorough tracking.
■ Explore tree tracking and management software for use beyond just City-owned properties.
■ Provide access to tree mapping and inventory layers in GIS to other departments for
t coordination and awareness of the tree maps.
■ Enlist additional seasonal staff that can be wholly designated to inventorying trees City wide.
■ Consider programs like Tree Keeper and Capterra to help with assembling and reporting data
collected in the tree inventories.
■ Map and Measure Trees by Council District for the ability to compare and prioritize UTC
b „
goals.
4 _..
Proposed . f—
• Scheduled q
Planted
Warranty Replacement
0 Hold
Warranty Correction
Q Existing Tree
Excerpt from Parks&Landscape Services'VBTrees Mapping Application
2023 Urban Forest Management Plan
25
ruture Consilmerations 1 of 4
Future Consideration #1:
Inform Other City Departments and the Development
Community About the UTC Goals and Tree Mitigation Policy
Desired Outcomes:
■ The City culture should better embrace the city's trees and urban forest as public infrastructure
and as a public resource providing a public service.
■ The Tree Planting, Preservation and Replacement ordinance in the City Code should be
updated to better support the UTC and other current best practices.
■ City's Landscaping Guide and Tree Planting, Preservation, and Replacement documents
should be updated and coordinated between all City departments with regard to tree planting
and preservation.
Tools&Techniques
,
■ Establish a city-wide replacement standard for tree removal and replacement on all new site
—'—j' plans and subdivision plans based on the recent State Ordinance Model(SB537)that passed
in 2022. The new language in State Code,Section 15.2-961 suggests a tree canopy coverage
ranging from 10%-20%based on development intensity.
Vblk
sw
■ Update standards and requirements for tree protection and preservation to meet with
.: ever-advancing technology, and apply them to all land use and zoning classifications for
development.
T x W!"I
■ Extend bonding based on the recently passed City policy to cover both new plantings and tree
preservation for all site plans and to enforce tree preservation plans submitted with site plans.
' ■ Clarify guidance language that is based on the use of trees as a visual, spatial, and aesthetic
quality for new development.
■ Hold regular training and briefings with various City departments on the City policies and
goals for the UTC and correlative tree mitigation.
Victoria Park Neighborhood,Virginia Beach,VA
2023 Urban Forest Management Plan
26
Future Considerations 2 of 4
Future Consideration #2:
Incentivize Tree Protection Through The Land Development
Ordinances
Targeted Goal:
Explore zoning tools and techniques that could provide incentives, like development density
bonuses, for achieving greater than the minimally required tree canopy on land development
1
plans. In addition,tree preservation would be incentivized more than tree planting, and fees in
lieu of tree planting or preservation would not yield additional bonuses but would be required if
minimum tree canopy requirements cannot be achieved on the proposed site.
r Desired Outcomes:
p. ■ The zoning, subdivision, and site plan ordinances will include provisions for certain zoning
i
tom` i districts or overlays that allow for development density bonuses (increase height or number
of units,for example)if base tree canopy requirements are exceeded by a certain percentage.
t ` ■ New development where it is not possible to meet tree planting requirements onsite should
fund tree planting efforts offsite.That funding should pay for enough tree planting to provide
�T
►`y 3' ," l' an equivalent percentage of tree canopy coverage as required by its zoning designation.
Tools&Techniques
■ Decide which areas of the city would benefit most from an increased tree canopy, higher
¢zA ` density,or additional housing,and consider implementing a zoning overlay that incentivizes
y higher tree canopy percentages in exchange for development' •``�� &h PY incentives.P g g
■ Adopt a formal tree mitigation/preservation credit process by enacting Code that mirrors the
recently passed State model ordinance(SB537).
■ Promote a CIP Tree Fund that developers can pay into when meeting tree planting
requirements onsite is impossible. Payment in lieu should support planting at least as many
trees in appropriate locations as would have been required onsite for a particular development.
a If trees must be removed for a development, incentivize the removal of smaller, less mature
trees so that replacement of them could achieve the same canopy size,resulting in less net loss
to the UTC.
w
s% ■ Use Stormwater Credits as an incentive for tree preservation as metrics become available for
the stormwater quality and quantity benefits of preserving large groups of mature trees.This
work is being conducted by researchers at Virginia Polytechnic Institute and State University.
N' F,
Tree Preservation Area on a Construction Site,Virginia Beach,VA
2023 Urban Forest Management Plan
27
utu re Consi erations 3 of 4
Future Consideration #3:
Establish a Tree Protection Easement Program.
Targeted Goal:
� � Creating a mutually beneficial program that allows property owners to institute protective
easements or covenants in exchange for property tax relief is a method for protecting trees(at
least for a set duration of time).
Desired Outcomes:
■ A program that incentivizes property owners of all land use types to implement protective
easements or covenants for the preservation of trees will be established, with property tax
relief provided to participants. This would function similar to the Cit)A Agriculture Preserve
Program.
■ While property owners with forested tracts of 20 acres or more may benefit from lower real
estate taxes,owners with mixed use of cropland and forest land may also be interested to take
r ; � advantage of this land use value taxation if they qualify based on sufficient acreage amounts.
` Tools&Techniques
■ Establish a set of program guidelines that provides property tax relief for property owners who
enter into easement agreements or covenants to preserve mature tree canopies.
■ Directly promote the easement program first to the city's many property owners who have larger
tracts of land that abut against waterways,intact woodlands,and other fragile environments.
■ Once a critical mass of interest develops, begin promoting the program to other areas where
the preservation of the tree canopy would aid in reducing fragmentation of the urban forest.
■ Seek to replicate natural and managed reforestation processes on both green development and
redevelopment sites.
■ Tree protection and reforestation easements would be set up in perpetuity,however,a strategy
should be developed for ongoing tree survivability,forest quality,inspection,and maintenance
of the easements in order to ensure annual tax reliefs are merited for the life and quality of the
resource. Considerations could include location of the tree with respect to property lines as
well as value and health of the tree.
Town Center Urban Trees,Virginia Beach,VA
2023 Urban Forest Management Plan
28
ruture Consimerations 4 of 4
Future Consideration #4:
Establish a Property Owner Tax Incentive Education Program.
t Targeted Goal:
i £ There are federal tax incentivizes for reforestation projects,including projects which are a part of
timbering operations.Establishing a program that educates property owners and connects them
with resources to promote reforestation can aid in offsetting timbering impacts,especially in the
southern areas of the city.
Desired Outcomes:
r •�• ■ A program that connects timbering operations and rural property owners to tax incentive
s opportunities related to reforestation will be promoted and managed.
e.
" ■ New development will result in a net gain in the UTC by requiring developers who are not
i able to meet tree planting requirements to fund tree planting efforts in more suitable locations
G 1 or by allowing developers to replant trees of the same total inches in diameter as the removed
`I trees.
` '� ' ► I ,fit' A Tools&Techniques
■ Reach out directly to rural property owners and timber companies to gauge interest and
obtain support for the city's reforestation efforts.Inform these stakeholders about the federal
tax incentives available for reforestation projects.
1 ,
j
■ Promote the existing Agricultural Reserve Program and the fact that tree planting is an eligible
agricultural activityforparticipation to the program.
■ The state's new model tree preservation and replanting ordinance (SB537) allows for
reforestation on other site in lieu of preservation on the development site under certain
circumstances. This framework should be used to aid in reforestation efforts city-wide in
concert with federal tax incentivization programs.
04 ■ The federal tax incentives in Virginia go beyond just education and many are tied to various`r � state and federal agencies. In general terms,the costs of reforestation are tax deductible up to
+ a certain dollar amount per property.
rY
a t ► , K
Chinkapin Oaks at Lark Downs Park at the Kempsville Rec Center,Virginia Beach,VA
2023 Urban Forest Management Plan
29
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Urban Forest at Marsh View Park,Virginia Beach,VA
2023 Urban Forest Management Plan
30
Conclusion
In conclusion, the Virginia Beach Urban Forest Management
Plan Update is a comprehensive strategy aimed at preserving,
expanding, and diversifying the city's urban forest. Recognizing
the significant loss of the urban forest infrastructure, the
plan outlines immediate and long-term actions to achieve a
sustainable and vibrant urban forest. The vision is to reach 45%
�����.► _- TOOtree canopy coverage by 2045 through a community-wide effort
' '�.....
•= '" business owners, developers, non-profit
involving residents, p p
organizations, and government entities. The plan emphasizes
the need for a shift in community philosophy and public policy
towards tree infrastructure valuation. It sets clear priorities and
measurable objectives, including tracking real-time tree loss and
• gain, and undertaking significant tree preservation, replacement
planting, equating p g, and reforestation efforts e uatin to a net increase of
roughly 40,000 trees (376 acres) every year until 2045. The
' k ultimate goal is to transform Virginia Beach into a model city
.; ! for tree management and green infrastructure, enhancing the
#'
a
health, well-being, and adaptability of the city, its environment,
and its residents. This plan serves as a testament to the city's
commitment to its urban forest, recognizing it as more than
x:= just a collection of trees, but a dynamic green infrastructure
that provides significant environmental, economic, and social
benefits.
Urban Trees at Thalia Creek,Virginia Beach,VA
2023 Urban Forest Management Plan
31
47
ITEM— VIM
APPOINTMENTS
ITEM#76687
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
ACTIVE TRANSPOR TA TION ADVISORY COMMITTEE
BAYFRONT ADVISORY COMMISSION
BOARD OF ZONING APPEALS
CLEAN COMMUNITY COMMISSION
COMMUNITY POLICY&MANAGEMENT TEAM
DEVELOPMENT AUTHORITY
GREEN RIBBON COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HISTORICAL REVIEW BOARD
HOUSING ADVISORY BOARD
HUMAN RIGHTS COMMISSION
INDEPENDENT CITIZEN REVIEW BOARD
OLD BEACH DESIGN REVIEW COMMITTEE
OPEN SPACE ADVISORY COMMITTEE
PROCESS IMPROVEMENT STEERING COMMITTEE
VIRGINL4 BEACH CANNABIS ADVISORY TASK FORCE
February 18, 2025
48
ITEM— VIM
APPOINTMENTS
ITEM#76688
Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED:
AMY FROSTICK
(Shore Drive Corridor/Bayfront Area)
DEL CENO MILES
(Citizen w/advertising/marketing experience)
CHARLES THORNTON
(Sports Industry)
Three year term 41112025-313112028
ADVERTISING ADVISORY COMMITTEE
Voting: 9- 0
Council Members Voting Aye:
Michael F.Berlucchi,Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson,
Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-
Hammond, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Barbara M. Henley
Jennifer Rouse
February 18, 2025
49
ITEM— VLM
APPOINTMENTS
ITEM#76689
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
JOHN MAAS
Unexpired term thru 613012027
BAYFRONT ADVISORY COMMISSION
Voting: 9- 0
Council Members Voting Aye:
Michael F.Berlucchi, Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson,
Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-
Hammond,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Barbara M. Henley
Jennifer Rouse
February 18, 2025
50
ITEM— VI.M
APPOINTMENTS
ITEM#76690
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
JOHN ONEAL
(District 3)
Unexpired term thru 713112026
MICHAEL HALL
(District 10)
Three year term 211812025- 113112028
BEACHES AND WATERWAYS ADVISORY COMMISSION
Voting: 9- 0
Council Members Voting Aye:
Michael F.Berlucchi,Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson,
Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-
Hammond,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Barbara M. Henley
Jennifer Rouse
February 18, 2025
51
ITEM— VI.M
APPOINTMENTS
ITEM#76691
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
CRISTINPULLMAN
Unexpired term thru 313112027
And
REAPPOINTED:
MAURYHILL
Three year term 41112025-313112028
CLEAN COMMUNITY COMMISSION
Voting: 9- 0
Council Members Voting Aye:
Michael F.Berlucchi,Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson,
Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-
Hammond, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Barbara M. Henley
Jennifer Rouse
February 18, 2025
52
ITEM— VI.M
APPOINTMENTS
ITEM#76692
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
CAROL HICKMAN
(At Large)
Unexpired term thru 813112025
Plus three year term 91112025—813112028
COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE
Voting: 9- 0
Council Members Voting Aye:
Michael F.Berlucchi, Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson,
Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-
Hammond,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Barbara M. Henley
Jennifer Rouse
February 18, 2025
53
ITEM— VI.M
APPOINTMENTS
ITEM#76693
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
EL WOOD BOONE
Unexpired term thru 813112026
DEVELOPMENT AUTHORITY
Voting: 9- 0
Council Members Voting Aye:
Michael F.Berlucchi, Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson,
Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-
Hammond, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Barbara M. Henley
Jennifer Rouse
February 18, 2025
54
ITEM— VI.M
APPOINTMENTS
ITEM#76694
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
CHRISTIAN GREEN
(Alternate Member)
Unexpired term thru 513112028
EASTERN VA REGIONAL INDUSTRIAL FACILITYAUTHORITY
Voting: 9- 0
Council Members Voting Aye:
Michael F.Berlucchi, Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson,
Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-
Hammond,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Barbara M. Henley
Jennifer Rouse
February 18, 2025
55
ITEM— VI.M
APPOINTMENTS
ITEM#76695
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
MICHAEL ANDERSON
(Planning Commission Member)
Unexpired term thru 212812026
GREEN RIBBON COMMITTEE
Voting: 9- 0
Council Members Voting Aye:
Michael F.Berlucchi, Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson,
Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-
Hammond,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Barbara M. Henley
Jennifer Rouse
February 18, 2025
56
ITEM— VI.M
APPOINTMENTS
ITEM#76696
Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED:
IVA ROBINETT
Three year term 41112025-313112028
HEALTH SERVICES ADVISORY BOARD
Voting: 9- 0
Council Members Voting Aye:
Michael F.Berlucchi,Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson,
Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-
Hammond,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Barbara M. Henley
Jennifer Rouse
February 18, 2025
57
ITEM— VZM
APPOINTMENTS
ITEM#76697
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
BRUCE MEYER
DARLENE COLSON
And
REAPPOINTED:
MARKSTEVENS
Three year term 41112025-313112028
HUMAN RIGHTS COMMISSION
Voting: 9- 0
Council Members Voting Aye:
Michael F.Berlucchi,Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson,
Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-
Hammond, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Barbara M. Henley
Jennifer Rouse
February 18, 2025
58
ITEM— VIM
APPOINTMENTS
ITEM#76698
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
WALTER CAMP
(District 1)
Unexpired term thru 212812027
PLANNING COMMISSION
Voting: 9-0
Council Members Voting Aye:
Michael F.Berlucchi, Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson,
Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-
Hammond,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Barbara M. Henley
Jennifer Rouse
February 18, 2025
59
ITEM— VIM
APPOINTMENTS
ITEM#76699
Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED:
LYNN CAR WELL
ALEXANDER MCDANIEL
Four year term 41112025—313112029
PUBLIC LIBRARY BOARD
Voting: 9- 0
Council Members Voting Aye:
Michael F.Berlucchi,Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson,
Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-
Hammond,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Barbara M. Henley
Jennifer Rouse
February 18, 2025
60
ITEM— VLM
APPOINTMENTS
ITEM#76700
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
GEORGE ALCARAZ
(Planning Commission)
JASON BARNEY
CAROL CONSIDINE
(Environment/Resiliency)
RICK BOYLES
BRAD MARTIN
(Residents)
RICHARD BOWIE
MARK RICKETTS
(Real Estate/Development)
DAVID DALLMAN
JOHN ZASZEWSKI
(Engineering Consultants)
JAMES ELAM
GAVIN GERLING
(High School Students)
KAREN FORGET
MIKE GEREL
(Environmental Protection Conservation Organization)
BRYAN PEEPLES
CHRIS POCTA
(Land Use/Environment Attorneys)
Six month term 211812025—813112025
STORMWA TER MANAGEMENT IMPLEMENTATIONADVISORY GROUP
February 18, 2025
61
ITEM— VI.M
APPOINTMENTS
ITEM#76 700
(Continued)
Voting: 9-0
Council Members Voting Aye:
Michael F.Berlucchi, Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson,
Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-
Hammond,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Barbara M. Henley
Jennifer Rouse
February 18, 2025
62
ITEM— VI.M
APPOINTMENTS
ITEM#76 701
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
MICHAEL KARSLAKE
Three year term 31112025—212812028
TRANSITION AREAIINTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE
Voting: 9- 0
Council Members Voting Aye:
Michael F.Berlucchi, Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson,
Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-
Hammond, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Barbara M. Henley
Jennifer Rouse
February 18, 2025
63
ITEM— VI.M
APPOINTMENTS
ITEM#76 702
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED CITY COUNCIL LL4ISONS:
COUNCIL MEMBER HENLEY
COUNCIL MEMBER SCHULMAN
STORMWATER MANAGEMENT IMPLEMENTATIONADVISORY GROUP
Voting: 9- 0
Council Members Voting Aye:
Michael F.Berlucchi, Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson,
Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-
Hammond,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Barbara M. Henley
Jennifer Rouse
February 18, 2025
64
ADJOURNMENT
ITEM#76 703
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 8:12 P.M.
Terri H. Chelius
Chief Deputy City Clerk
Ama Barnes, MM& Robert M. Dyer
City Clerk Mayor
City of Virginia Beach
Virginia
February 18, 2025