HomeMy WebLinkAboutMARCH 18, 2025 FORMAL SESSION MINUTES 40
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
MARCH 18, 2025
Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference
Room, Tuesday, March 18, 2025, at 2:00 P.M.
Council Members Present:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N.
Ross-Hammond, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
David Hutcheson—Out of town
Jennifer Rouse—Arrived at 2:22 P.M.
2
CITY COUNCILS BRIEFING
FLOOD PROTECTIONPROGRAMAND CAPITAL IMPROVEMENT UPDATE
ITEM#76 769
2:01 P.M.
Mayor Dyer welcomed Jeff Waller, P.E. —Chair of Flood Prevention Bond Referendum Oversight Board
and Leisha Pica, P.E. Program Manager—Jacobs Engineering. Mr. Waller 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. Waller and Ms. Pica for the presentation.
March 18, 2025
Flood Protection Program
City Council Update
Jeffrey Waller, P.E., Flood Prevention Bond Referendum
Oversight Board Chairman
Leisha Pica, P.E., Jacobs Engineering
March 18, 2025
Q1 2025 Board Updates
■ January: Staff Report on the Pleasure Pleasure House Point
House Point Wetland Mitigation Bank Wetlands RestorationProject
Citizen Oversight :.. 0•
Mike Tippin,PE
■ February: Staff Report on how the City uses VB
GIS for flood protection and stormwater
management and decision making
r
x,
■ March: Staff Report on the Coastal Storm
Risk Management (CSRM) Study
GroupThe Data Behind the Decisions
Flood Protection Governance
The Board meets on the second Thursday of the month at 2:00 pm at Town Kyle D.Coolbaugh, '
25
Center. Our meetings are open to the public and the public can provide VB
comments. The Board webpage is accessible from the Ripple Effect website,
and we can be contacted at the email address posted on our webpage.
FPP Active Construction Projects
° �� • Windsor Woods Tide Gate
• South Plaza Trail Presidential Blvd Drainage
• Bow Creek Stormwater Park Phase I
4
• Seatack Drainage Improvements
Projects Substantially Complete
• Old Forge & Red Lion Drainage
Installing elliptical storm drainpipe for the Seatack
Neighborhood Drainage Improvements Project
3
FPP Project Milestones Met During Q1 2025
Planning
MA Permitting 41 Procurement Construction 5
Preliminary Engineering Detailed Design, Some FPP permits may Advertise Design-Build or Construction
Report(PER) 30%. 60%, 90%, require 24 months to Construction Bidding, Substantially
100% obtain Issue Contractor NTP Complete
114 2024-Q1 2025Q• 2024-Q1 2025Q• 2024-01 2025m. . y; $ Q• 2024-01 2025
✓ Church Point/
✓ West Neck Creek Bridge Thoroughgood BMP& ✓ Elizabeth River— ✓ First Colonial Road & ✓ Old Forge Rd & Red
—draft received Drainage Improvements VMRC &ACOE permits Oceana Blvd Lion Rd Drainage
30% design under anticipated by 3/31/25 Drainage Improvements Improvements
✓ Central Resort District— review — Preconstruction
on track for 3/31/25 Meeting 3/19/25
submittal(Final) ✓ Mega Bundle (Design-
Build)30% design under ✓ Lake Bradford/Chubb
review Lake Pump Station &
Outfall Design Build NOI
✓ Poinciana PS—60%
design received
i
✓ Bow Creek Section 2—
90% design received
✓ ESD BRIC Bundle—
PS&E submittal
4 4:0theRippleEffect
VIRGINtA BEACH FLOOD PROTECTION PROGRAM
The Board is here to serve our Community!
■ Staff continue to update the Board
on grant opportunities. FPP Grants Awarded and Future Grant Applications
■ The Board will advise City Council
members when the topic of our
monthly Board meetings is in your
district so you can join us. $66
■ Awarded
■ Future Submittals
■ The Board has a website accessible
from the Ripple Effect website and
our email address is posted there for
the public to comment.
5
Flood Protection
Program Update
Q1 2025
Leisha Pica, P.E., Jacobs Program Manager
Phase 1 Flood Protection Program Timeline
Bond makingd progress,goo pro g Phase 1 FPP
Referendum
still much to do Complete
2021 2022 2023 2024
✓ Lots of planning completed
✓ 33% projects have been baselined
✓ Projects are advancing smoothly
✓ Mega bundle approaching GMP 1
r r • fi r r • fi r r 0 0 r r •
Preliminary •n- Construction Construction
PhaseEngineering Design Design Design Design & ITB Build In-Progress Complete
Phase Phase Phase Phase
Sandbridge/ ,Windsor Wood
Bow Creek First Colonial Rd Windsor Woods
West Neck New Bridge Back Bay Marsh PAP,The Lakes Club House
Creek Bridge Intersection Stormwater Park Restoration Oceana Blvd Bundle Tide Gate Road Drainage
(On Hold) (Section 2) Drainage (In design) Finish Q2 2025
Eastern
Lake Bradford/ South Plaza
Cape Henry
Pungo Ferry Poinciana Shore Drive ESD Roadway Elizabeth River Chubb Lake Trail,
Canal Gravity
Road Drainage Floodplain Pump Station& Presidential Blvd
Improvements Pump Station 1F& 1G (ESD)Drainage Restoration Outfall Drainage Sewer
Bundle Relocation
(RFP Issued) Finish Q3 2025
Bow Creek
Central Resort
District Drainage Stormwater Park Lake Pleasure
Improvements (Section 1) House Outfall
Finish Q4 2026
Churchpoint/
Thoroughgood Seatack
Lake Bradford
BMP& Drainage
Conveyance Finish Q2 2025 Dredging
(Design NTP)
Old Forge Road
& Red Lion
FPP Project Status Q4 2024 Drainage
10 theRippleEffect
V tPGINIA 00 PROTECTION PPno PAN
Preliminary 30% 60% 90% 100% PS&E & ITI3 Design- Construction Construction
Engineering Design Design Design Design Phase Build In-Progress Complete
Phase Phase Phase Phase
Church oint/ Sandbridge/ Windsor Wood,
P Bow Creek First Colonial Windsor Woods
West Neck Thoroughgood New Bridge Stormwater Park Back Bay Marsh Rd Oceana Blvd PAP,The Lakes Tide Gate Club House
Creek Bridge BMP& Intersection Restoration Bundle Road Drainage
Y
Conve ance (On Hold) (Section 2) Drainage (30%design) Finish Q2 2025
Lake South Plaza Cape Henry
Pungo Ferry Poinciana Elizabeth River Bradford/Chubb Trail, Canal Gravity
Road Pump Station Floodplain Lake Pump Presidential Blvd Sewer
Improvements Restoration Station&Outfall Drainage Relocation
(NOI Issued) Finish Q3 2025
Eastern Bow Creek
Central Resort Shore Drive
District Drainage (ESD) Drainage Stormwater Park Lake Pleasure
Improvements Bundle(added (Section 1) House Outfall
Finish Q4 2026
Phase 1 G)
ESD Phase 1 F Seatack
Lake Bradford
North Shore Dr Drainage
Drainage Finish Q2 2025 Dredging
Old Forge Road
FPP Project Status Q1 2025 DRraaage
10
Lam•] theRippleEffect
VIRGINIA CTION PROGRAM
Program Issues Encountered
Ta�� Impacts/Risk Mitigation Strategy FPP Projects Impacted
• Regulatory acceptance • Comprehensive data • Elizabeth River Floodplain Restoration
Environmental • Schedule delays/Cost increases • Public Outreach • Back Bay Marsh Restoration
permits • (Type of Permit - 6mos-3years) • Regulatory briefing at 30% • Pungo Ferry Road Improvements
• Sandbridge/New Bridge Intersection
• Schedule delay • Frequent communication • Seatack Drainage Improvements
• Worker safety with utilities and • South Plaza Trail Presidential Blvd
Unforeseen • Coordinating between utilities/contractor contractor Drainage
utilities during • Schedule delays(up to 5 mos.) • Consistent strategy to
construction • Cost increases unknown react to unknowns
• Redesign requests from public utilities
• Coordinating with utilities • Request "Locates" Applies to all projects
Utility location • Redesign • Prioritize projects
during design • Schedule delays/cost increases • Quarterly meetings
Program Spending through February 2025
Total $107.2M
+$6.9M in 2025
Expenditures by Master Project
WINDSOR WOODS/PAP/THE LAKES MASTER $84.8
EASTERN SHORE DRIVE MASTER 57.2
LAKE BRADFORD, CHUBB LAKE MASTER S6.4
CENTRAL RESORT DISTRICT MASTER ■ $1.9
SOUTHERN RIVERS MASTER ■ $2.0
STORMWATER GREEN INFRASTRUCTURE MASTER ■ S1.7
LINKHORN BAY DRAINAGE BASIN MASTER 0 $3.2
SOM S20M 540M 560M 580M
Program Estimate Q1 2025
Program Variance 6%
MASTER PLANNING BASELINE (BL) CURRENT VARIANCE 1200
i000
$1001 M $1067M
WINDSOR WOODS, PRINCESS ANNE PLAZA,THE LAKES $337.9 $129.3 $503.5 $36.4 800 C° $293M m $359M
EASTERN SHORE DRIVE $0.0 $101.2 $109.2 $8•0 600
LAKE BRADFORD/CHUBB LAKE $152.5 $2.7 $158.5 $3.3 aoo 0, a)
CENTRAL RESORT DISTRICT $113.0 $0.0 $113.0 $0.0 c c
SOUTHERN RIVERS $105.1 $8.0 $113.5 $0.4 200 a a
STORMWATER GREEN INFRASTRUCTURE $0.0 $37.5 $54.8 $17.3
Benchmark Current
LINKHORN BAY $0.0 $13.9 $14.7 $0.8
TOTAL 0: 0.
During the June 2025 Report, the Windsor Woods, Princess Anne Plaza, & The Lakes Bundle will
transition from planning to baseline resulting in an increase in the current program estimate.
12
FPP Communications
How it Works -The
New Look of Bow
City published 30 videos about the Creek Stormwater
Park
Flood Protection Program available to
the public.
Three videos on w
Pleasure House Point
Social Media Post Frequency vs Impressions ` • r
30.000 Wetlands
Restoration
25,000
20.000 M
15,000 3
11,531 �
10.000 7,265 How it Works —
5,000 .
Flooding 101: Three
0 0
Bow Creek 17th Street WW Tide Gate PHP Saplings ""' - Types that Affect
Stormwater Park Meeting Virginia Beach
Impressions #of Posts
13
FPP Project Milestones Three-Month Look Ahead
Planning 1730%. 60%, 90%,
2 3 4 5
esign, Some FPP permits may Advertise Design-Build or Construction
Preliminary Engineering
Report(PER) require 24 months to Construction Bidding Substantially
obtain Complete
✓ Windsor Woods Tide
✓ ESD Bundle Construction
✓ Pungo Ferry Road Improvements 60% Bidding Gate
Submittal
✓ First Colonial Rd Oceana
✓ Poinciana Pump Station Blvd Drainage
90% design submittal Construction NTP
✓ Church Point/ ✓ Elizabeth River
Thoroughgood BMP& Construction Bidding
Drainage Improvements
—60% design submittal
14 L�> theRippleEffect
:'IRGINIA SEACP 00 PROTECTION PROGRAM
Suppty Chain ,-
Market Trend
Update
man
Advanced Facilities — - -
Q1 2025 Outlook '
r A f
7 Chatlenging today.
%Jacobs Reinventing tomorrow.
CURRENT EVENTS IMPACTING SUPPLY CHAIN }
Tariffs on Base Metals Pricing
Canadian
aluminum Changes to London Metal Exchange futures contract 3 month
could closing pricing is as follows:
additionally Aluminum - construction materials
influence . Copper - electronics Aluminum S2,627USD/MT $2,616USD w increase
aluminum Copper S9,129USD/MT $9,538USD 44%decrease
pricing. ' Nickel - stainless steel
• Tin - electronics & circuit boards Nickel S 15,394 USD/MT S15,816USD 2.7%decrease
Currently • Zinc - galvanized steel Tin S30,269USO/MT S30,950USD 2.2%decrease
over 50% of Zinc S2,794 USD/MT $3,087 USD 9.9%decrease
US
aluminum
imports are
from
Canada.
The market for steel, along with most ferrous and
.•- nonferrous metals, remains favorable for buyers.
f
%.Paeobs Challenging today.
Reinventing tomorrow.
CURRENT EVENTS IMPACTING SUPPLY CHAIN
Oil — Demand & Pricing
Global OR
• demand to increase 1 .05 million
barrels per day
. , • supply to rise by 1 .8 million
ry gallons per day
WM
US Energy Information Administration
• forecasting downward oil price
pressures over next two years
The U.S. Lnergy Information Administicition • lowered price forecast for Brent
now - Crude oil from $74/barrel in 2025
preSSUres over 111LIC11 of the next two years,
to $66/barrel in 2026
exceedingwith global oil prO(ILICti011 growth
global dernand.
17 4 Jacobs Reinventing
Challenging today.
RntLing tomorrow.
CURRENT EVENTS IMPACTING SUPPLY CHAIN
Global Risks - Mitigation Strategies
Diversification of Suppliers
• Reduce dependency from suppliers
in conflict-prone regions
• Ensure supplies are spread across
locations to mitigate impact of
extreme weather events
Investment in Technology &
Cybersecurity
• Advanced measures needed to
protect supply chain data &
Mitigation strategies fo r Supply infrastructure from cyberattacks
Management to „addressUtilize predictive analytics and IoT
highlighted ' • • ' global risks. technologies to anticipate and
respond to weather disruptions
18 Jacobs Challenging today.
Reinventing tomorrow.
Forecast • • Index Model. Concrete
Concrete - Quarterly Index Model Jacobs Cost Estimating
2015Q1 = 100 Escalation Calculation Report
300 Escalation', Data Date = 100
130
275
c-historical- Forecast-- 120
250
110
225 100 �!
200 90
175 80
ISO 70
125 Data Date Start Date Mid Point End Date
January 1,2024 January 1,202S January 1,2026 January 1.2027
100
75Vatue Catcutation
so Escalation' 6.21% 9.95%
x m C, 0
N N y N N N N N N N M r.'1
0 0 0 0 C 0 0 0 0 0 0 0 0 0 0 0 o Years2 2.0
N N N N N N N N N N N N N N N N N N
C C C C C C C C C C C C C
r ; 9 4 ; V �'-
�' � � �' �' � Rate Per Annum3 3.06%
Model — -' 2.5%inflation No Escalation begins vrith the Data Basis Date and assumes equal spending from Project Start to End Dates
2-Years is the duration from the Data Basis(Estimate)Date to the Mid Pomt of the project
2%inflation •••••• 3%inflation 3-Race Per Annum is the average forecast annual rate of escalation when compounded over Year,e°ual H alation
19 Escalation Report Prepared:l2-Jan-25
Forecasts are based on S&P Global data through 2024-04 with model weighting as gi✓en. Escalation Model Used:Custom-Commodity
100Sb-PP1327320P.QF0S-USA,PPl,Ready-Mix Concrete Project Concrete Escalation 202401-2027Q1
Forecast Escatation & Pricing Index Modet - PLastic Pipe
Plastic Pipe— Quarterly Index Model Jacobs Cost Estimating
2015Q1 = 100 Escalation Calculation Report
300 Escalation', Data Date= 100
130
27S
<-Mistoncai - Forecast- 120
250
110 •' '
225
10
9
200 0
175 80
150 70
125 Data Date Start Date Mid Point End Date
January 1,2024 January 1,2025 January 1,2026 January 1.2027
100
75
2024QJ;'
50 Escalation' 2.92% -6.04%
v �n .° r x o• 0 ry In v in 0 oo C,
N N fN N - - N N N N
0 0 0 0 0 b o 0 0 0 0 0 0 0 0 0 0 o
N N N N N N N IYlarsz 2.0
N N N N N N - N N N
C C C C C C C C C C C C C C C C C C
fE iE 9 ?1 14 i0 '0 �a 14 A O N rG iC T A R A
Rate Per Annum3 1.45%
Model 2.5%inflation 1jp—Es alation begins with the Data Basis Date and assumes equal spending from Project Stan to End Dates
2—Years is the duration from the Data Bas-.s(Estimate)Date to the Mid Pomt of the project
2%inflation ••••••••• 3%Inflation 3—Pate Per Annum is the average forecast,annual rate of escalation when compounded over years equal EscaLatinn
Escalation Report Prepared:12-Jan-25
20 Forecasts are based on 5&P Global data through 2024-04 with model weighting as given Escalation Model Used:Custom—Commodity
100'.b—WPIP0721.010S—USA,PPI,Ptastic Construction Products(Primarily Pipe) Project Ptast.c Pipe Escalation 202401—202701
Forecast EscaLation & Pricing Index Model. - Steel. Conduit
Steel Conduit - Quarterly Index Model Jacobs Cost Estimating
2015Q1 = 100 Escalation Calculation Report
300 Escalation', Data Date = 100
130
:-s
- oreasc-- 120
,so
110 ra
. s
1110
} � .00 90
} 17S so
150
70
12 S Data Date start Date Mid Point bed Data
. January 1.202a January+.2025 January 1.2026 January 1.2027
—"" 100
_ so Escalation' -11.55% -24.61%
9 (0 p. p
R R R R R R R R R R R R R R R R R R Years-' 2.0
3
Rate Per Anntlm3 -5.95%
--~ Model 2 S%inflation eeot
t-Fuats
utwn ocgFfL wM the Wta Ba'J:Wte and a:5umn Calit tperdrp from PtdKt Stag t0 End Wtti
-Y=n the dav—ftOttl the.7at./(.*—(f:borate)Wee to thr hsd P.-*of thl V.1K1
2%inflation ""••••• 3%inflation a-4—N—,—mntheavetagefomtamer.,trof"a-wol,*two tt,mwa,nxao.wItamra.+EsAmu=
1—tat—Report Prepared 12-Jan-Is
21 tuaLttlon Model Used C w.tom-C
f orecaut,xr bawd to StP G1abM data Mtough 10216.04 weth mtxict l.c+ghhnq as 9•+rn
100%-PP1)31210 QPOS-USA PA,ronlSteel Proe and Tube Wq from Pwth Sort Project St¢cl C«due f ualatlon 202AQ1-202701
Forecast EscaLation & Pricing Index Model. - Construction Labor
Construction Labor— Quarterly Index Model Jacobs Cost Estimating -
2015Q1 = 100 Escalation Calculation Report
300 Escalation', Data Date= 100
130
275
c-Kstor,cal 120
250
110 •'
200
100
2 90 • •
175 80
150 70
125 Data Date Start Date Mid Point End Drte
January 1.2024 January 1,2025 January 1,2026 January 1,2027
100
75
so Escalation' 8.00% 8.98%
J7J N x U O
N N
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Years2 2.0
N N N - N N N N N - N - N N N N N N
C C C C C C C C C C C C C C C C
n: A fa 4 T (L A A n: to
Rate Per Annum3 3.92%
Model 2.5%inflation 1-Escalation begins with the Data Basis Date and assumes equal spending from Project Start to End Dates
2-years s the duration from the Data Bases(Estimate)Date to the Mid Point of the project
2%inflation ••••••••. 3%inflation 3-Rate Per Ann°m is the average forecast annual rate of escalation when compounded over Years equal Escalation
22 Escalation Report Prepared:l2-Jan-25
Forecasts are based on S&P Global data through 2024-04 with model seighting as given Escalation Model Used:Custom-Commodity
100!-CEU2000000008 QFOS-USA.Average Hourly Eammgs,Construction Project C°n5Tnlct,on Labor Escalation 202401-202701
SUPPLY CHAIN LOGISTICS
Utility Equipment Lead Times
(tirreitt Lead Time-
Ex Works, Factory
Air Compressors 28-38 Weeks After
Receipt of Order(ARO)
Air Handling Units(Custom/ Process) 32-42 Weeks ARO
Boilers 22-42 Weeks ARO
Chillers 32-52 Weeks ARO 012024
Lead Times
Cooling Towers 14-28 Weeks ARO
Emergency Generators 55-90 Weeks ARO 40-48
HVAC Heat Exchangers 26-34 Weeks ARO
HVAC Humidification Steam Generators 42-52 Weeks ARO
Makeup Air Handling Units(MAU) 28-34 Weeks ARO
Motor Control Centers 30-50 Weeks ARO 32-38
Substations 40-80 Weeks ARO
Switchgear 50-75 Weeks ARO 60-120
MV Transformers 45-60 Weeks ARO
SUbcomponent Delays C011tillUe to
Negatively Impact - Uninterrupted Power Supply System(UPS) 28-48 Weeks ARO
Water Pre-Treatment System(WPT) 28-38 Weeks ARO
Wastewater Treatment System(WWT) 34-44 Weeks ARO
Jacobs Reinventing
today.
Reinventing tomorrow.
Ocean Cargo
Fig. 1: Global Schedule Reliability
90.0%e
—2021
80.0%
W.0% �`✓
50.0%
30.0%
20.0% 10.Mt! kJ I�fell�tw e,4lP rrpnrf NNtf 1N
Jan Feb Mar Apr May Jun Jul At1t Sap Oct Nov Dec
MinimaL voLatiLityprovided Ocean freight reliability has
shippersa predictabLe • significantly improved compared to
to month outLook. COVID levels. 2024 schedules were
impacted by piracy in many critical
Average de[ay for - vesseL arrivaLs shipping routes. International alliances
improved - - - are effectively combating piracy.
140
�aeobs Challenging too Reinventing tomrnorrrow.
Domestic Freight
The Cass Transportation Index measures
intra-continental freight shipments from
- raw materials to finished goods.
_ Cass Transportation Index Report
December 2024:
• 7.3% decline in domestic shipments
• 5.1 % rate increase in December 2024
• 4t" consecutive monthly rate increase
73% 2,o6% • 2.6% decline in domestic freight spend
aeckine in 0
.. domestic
shipments . .
month in December 2024
$OutC! Cast Transixirtation Indow Report j DKembV'o'o 1[ass tn'o•maton Sy t1 o—.s
25 �aeobs Challenging today.
Reinventing tomorrow.
Thank you
Leisha.pica@jacobs.com
7 Challenging today. ;n 0
vaco s Reinventing tomorrow. O
3
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#76770
2:49 P.M.
Vice Mayor Wilson advised the IOm Annual Crush Cancer fundraiser event kicked off last week. Vice Mayor
Wilson explained she is one of the founders of the event, which raises money each year to go towards rare
cancer research and has raised a total of$2.4-Million over the past nine (9)years. Vice Mayor Wilson
advised each year participants ride stationary bicycles and have a different spokesman, last year the
firefighters were the keynote speakers and shared how cancer has affected them. Vice Mayor Wilson
advised this year the event will be held on May 4`"and will have eight(8)year old Emily Buck as the keynote
speaker, who has lymphoma cancer and is the daughter of Virginia Beach Police Officer, Sgt. Buck. Vice
Mayor Wilson encouraged anyone interested to participate.
Council Member Remick advised he will participate.
March 18, 2025
4
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#76771
(Continued)
Council Member Remick advised he would like to provide updates on the two (2) events held at the
Oceanfront last weekend.
- The 53"d Shamrock Marathon had 23,000 runners with 67%coming from forty-nine
(49)states and seven(7)countries and was supported by 1,500 volunteers. Council
Member Remick advised 800 students received scholarship money to run the last
mile event and$50,000 was donated to local charities and nonprofit organizations.
Council Member Remick expressed his appreciation to.I&A Racing
- The Division 1 National Indoor Track and Field Championships were held at the
Sports Center and televised on ESPN. Council Member Remick advised these are
the top athletes and will possibly go on to the Olympics
March 18, 2025
5
CITY COUNCIL DISCUSSION/INITM TIVES/COMMENTS
ITEM#76771
(Continued)
Council Member Henley referenced a memorandum provided by the City Manager concerning a Coalition
of Hampton Roads Regional organizations to the Hampton Roads Congressional Delegation regarding the
recent federal government actions could potentially impact the Region's local economy and expressed she
is grateful all of those organizations have come together to look at this issue. Council Member Henley
noted the memorandum specifies the following areas of risk as;tariffs, reductions in the federal workforce,
defense spending, offshore wind and any claw back of previously awarded federal funding, and believes
the Body has a right and responsibility to advocate for the City's residents and economy. Council Member
Henley also expressed concern regarding a recent news report that citizens will have to make an
appointment to apply in person for Social Security benefits and explained there is not sufficient public
transportation to accommodate many senior citizens who no longer drive or people with disabilities and
believes the requirement is unreasonable.
Council Member Rouse advised she participated in a Town Hall Meeting with Congressman Bobby Scott,
Senator Aaron Rouse and Delegates Alex Askew and Michael Feggans which was organized to discuss the
impacts of recent decisions by the federal government on the federal workforce and the state and local
economy. Council Member Rouse explained Congressman Scott provided updates on the unpredictable
and unprecedented issues relating to the federal workforce, which includes 60,000 people in Hampton
Roads. Council Member Rouse advised the issue with the indiscriminate firing of employees is the 'for
cause"justification, which means those employees are not eligible for unemployment or insurance benefits.
Council Member Rouse advised Delegate Don Scott has formed a commission to look at the possible options
to assist the fired employees and what policies and practices need to change to ensure that they do get
access to unemployment benefits. Council Member Rouse explained the discussion also included how the
tariffs affect agriculture and soybeans and how the local economy may be impacted. Council Member
Rouse advised she reached out to Budget Director Chatellier and learned approximately$179-Billion of
the City's revenue comes from federal dollars which supports housing, human services but the majority of
funding is divided among schools. Council Member Rouse expressed concern that if federal funding is cut
in those areas how will the City be able to fill the gap in order for services to continue. Council Member
Rouse advised Congresswoman Jennifer McClellan from Richmond stated earlier today that she does not
believe localities have the necessary funding to close the gaps which means a lot of local governments are
having these hard conversations in response to these changes. Council Member Rouse advised the
discussion ended with more questions than answers and she believes it is important to include every level
of government in Virginia during this budget cycle to understand the impacts of gaps in funding and how
best to address them.
Council Member Henley advised as a local government, this Body is the closest to the people and will be
who residents run into at the grocery store and ask questions about what will be done, and expressed her
deep concern how funding gaps will be addressed and provide residents with the basic ability to receive
their social security payments.
Council Member Ross-Hammond advised she attended the Town Hall Meeting as well, recognizing a
variety of people from both parties attended as it is a non partisan issue impacting voters on both sides.
March 18, 2025
6
CITY COUNCIL DISCUSSIONIINITWIVES/COMMENTS
ITEM#76772
(Continued)
Council Member Ross-Hammond advised she was recently appointed by Governor Youngkin to the State
Executive Council for Children's Services and attended the first quarterly meeting in Henrico. Council
Member Ross-Hammond advised she was very proud to learn the City will be the fiscal agent for the new
Regional Recovery High School which will be located in Chesapeake and assist students throughout
Southside Hampton Roads suffering from substance abuse.
March 18, 2025
7
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#76 773
(Continued)
Council Member Cummings advised the Body has received several emails inquiring about personnel moves
within the Department of Public Libraries and asked City Manager Duhaney if he would like to comment.
City Manager Duhaney advised when he learned of the citizen inquiries, he reached out to the Public
Library staff and learned they were preparing to rotate Branch Service Coordinators to different locations
but as a result of the number of responses, the plan will be paused and reconsidered. City Manager Duhaney
advised he is working to get additional messaging out to the public to address their concerns and will
provide the Body with updates in the Friday Packages.
March 18, 2025
8
CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS
ITEM#76774
(Continued)
Mayor Dyer advised he and Vice Mayor Wilson were with Captain Appezzato during a press conference
when he announced the dates for the 2025 Naval Air Station Oceana Airshow, scheduled for September
20'"—21'. Mayor Dyer advised the Airshow brings thousands of visitors each year and includes 5'"grade
students enrolled in the STEM Program.
Vice Mayor Wilson advised this was a big media event and was proud when Captain Appezzato stated
Virginia Beach is the model for what a great working relationship between a municipality and Navy Base
looks like and continued to rave about the City. Vice Mayor Wilson advised this is a special year for the
Airshow as it is the Navy's 250'h anniversary and will be a spectacular show.
March 18, 2025
9
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#76775
(Continued)
Council Member Remick congratulated Mayor Dyer, City Manager and staff on the successful State of the
City.
Mayor Dyer expressed his appreciation to City Manager Duhaney and the Communications Department
for all of their support.
Council Member Henley advised she was disappointed agriculture was not included as it is a very important
part of the City. Council Member Henley advised the Agriculture Department hosts the Excellence in
Agriculture banquet annually and will be held this year on March 20'"at 6:00 P.M.
March 18, 2025
10
AGENDA REVIEW SESSION
ITEM#76776
3:11 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENTAGENDA:
K. ORDINANCES/RESOLUTION
1. Resolution to PROVIDE for the issuance and sale of Storm Water Utility Revenue Bonds, Series
2025, in a maximum principal amount of$90-Million, and PROVIDE for the form, detail and
payments thereof to finance the cost of improvements to the Stormwater Utility System and
AUTHORIZE the execution and delivery of document certain related documents
2. Ordinance to A UTHORIZE temporary encroachments into an 80'City-Owned drainage and canal
easement and into a 5'City-Owned drainage and utility easement located at the rear of 1832 Duke
of York Quay re maintain an existing brick paver walkway and an existing variable width floating
dock,and construct and maintain a bulkhead with wood plies, wharf, wood dock and boathouse
DISTRICT 8
3. Ordinance to ACCEPT and APPROPRIATE $555,750 from the Virginia Department of
Environmental Quality to the FY 2024-25 Capital Improvement Program to Capital Project
#100391, "Southern Rivers Watershed"re implementation of water quality improvementprojects
4. Ordinance re membership of the Active Transportation Advisory Committee (Requested by the
Active Transportation Advisory Committee)
5. Ordinance re membership of the Advertising Advisory Committee (Requested by City Council)
6. Ordinance to AMEND City Code Section 2-469 re membership of the Audit Committee(Requested
by City Council)
7. Ordinance to AMEND the membership of the Bayfront Advisory Commission
(Requested by City Council)
8. Ordinance to AMEND City Code Section 6-162 re membership of the Beaches and Waterways
Advisory Commission (Requested by the Beaches and Waterways Advisory Commission)
9. Ordinance re membership of the Comimunitt, Organization Grant Review and Allocation
Committee (Requested by City Council)
10. Ordinance to AMEND City Code Section 2-122 re membership of the Deferred Compensation
Board(Requested by City Council)
11. Ordinance re membership of the Green Ribbon Committee (Requested by City Council)
12. Ordinance to AMEND City Code Section 16-54 re membership of the Housing Advisory Board
(Requested by City Council)
March 18, 2025
11
AGENDA REVIEW SESSION
ITEM#76776
(Continued)
13. Ordinance re Chair of the Military Economic Development Advisory Committee (Requested by
Military Economic Development Advisory Committee)
14. Ordinance to AMEND City Code Section 2-6 re membership of the Resort Advisory Commission
(Requested by Mayor Dyer, Vice Mayor Wilson, and Council Member Remick)
15. Ordinance re membership of the Transition Area/Interfacility Traffic Area Citizens Advisory
Committee (Requested by City Council)
16. Ordinance re membership of the Virginia Beach Cannabis Advisory Task Force (Requested by
City Council)
March 18, 2025
12
AGENDA REVIEW SESSION
ITEM#76 776
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
L. PLANNING
1. CHRISTOPHER TAYLOR for a Variance to Section 4.4 (b, d) of the Subdivision Regulations re
subdivide the existing lot to create two (2)parcels for single-family dwellings at 363 Congress
Street DISTRICT 8
2. BONNE YBRIGHT SAND COMPANY/BONNEYG. BRIGHT for a Modification of Conditions
to a Conditional Use Permit re borrow pit at 200 Princess Anne Road DISTRICT 2
3. NEW JERUSALEM CHURCH / NEW JERUSALEM HOLINESS CHURCH, NEW
JERUSALEM CHURCH, NEW JERUSALEM CHURCH OF GOD IN CHRIST for a
Modification of Conditions to a Conditional Use Permit re religious use at 118 Bishop
Thoroughgood Avenue, 1063 Longstreet Avenue, undeveloped parcel North of 129 Hughes Avenue,
and undeveloped parcel directly West of 1059 Longstreet Avenue DISTRICT 6
4. MERCER SYKES/SYKES REAL PROPERTIES LLCfor a Conditional Use Permit re open air
market at 61410`"Street DISTRICT 5
5. JEFFREY SMITH AND JENA CORNELL /JENA NATALINE CORNELL & NIKOLAS
EVANGELOS SAFOS for a Conditional Use Permit re residential kennel at 216 Princess Anne
Road DISTRICT 2
6. GREEN CLEANA UTO WASH,LLC/BOOM INC.,for a Conditional Use Permit re car wash
facility at 1014 Independence Boulevard DISTRICT 9
7. SHAINA HARTLESS/GREG J. ROGERS for a Conditional Use Permit re assembly use at
4708 Tulip Drive, Suite 102 DISTRICT 9
8. JUSTINM& CANDACE S HOWARD for a Conditional Use Permit re short term rental at 933
Pacific Avenue, Unit C DISTRICT 5
9. JD ENTERPRISES VA,DBA ATLANTIC RENTAL HOMES/DANIEL J DAVIS& JUSTIN
R TAYLOR for a Conditional Use Permit re short term rental at 931 Pacific Avenue Unit A
DISTRICT 5
10. JD ENTERPRISES VA, DBA ATLANTIC RENTAL HOMES/LEI XU for a Conditional Use
Permit re short term rental at 931 Pacific Avenue, Unit B DISTRICT 5
March 18, 2025
13
ITEM#76777
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
• Linwood Branch, et al. v. City of Virginia Beach
• Latasha Holloway v. City of Virginia Beach
PUBLICLY-HELD PROPERTY.• Discussion or consideration of the acquisition
of real property for public purpose;or of the disposition of publicly-held property,
where discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body pursuant to Section 2.2-
3711(A)(3).
• District 5
• District 5
• District 2
PUBLIC CONTRACT: Discussion of the award of a public contract involving
expenditure of public funds, and discussion of terms or scope of such contract,
where discussion in an open session would adversely affect the bargainingposition
or negotiating strategy of the public body pursuant to Section 2.2-3 711(A)(29)
• Project Cape
• Suburban Oceanfront Parking
PERSONNEL MATTERS: Discussion, consideration, or interviews of
prospective candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining, or resignation of specific public
officers, appointees, or employees of any public body pursuant to Section 2.2-
3711(A)(1).
• Council Appointments: Council, Boards, Commissions,
Committees, Authorities, Agencies and Appointees
March 18, 2025
14
ITEM#76777
(Continued)
Upon motion by Council Member Berlucchi, seconded by Council Member Ross-Hammond, City Council
voted to proceed into CLOSED SESSION at 3:19 P.M.
Voting: 10 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
Break 3:19 P.M. — 3:30 P.M.
Closed Session 3:30 P.M. — 5.53 P.M.
March 18, 2025
15
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
MARCH 18, 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, March 18, 2025, at 6:00 P.M.
Council Members Present:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson—Out of town
INVOCATION: The Reverend Faron Johnson
Pastor, Good Shephard Lutheran Church
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`"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.
March 18, 2025
16
Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC,
("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers
and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters
in which he is not personally involved and has no personal knowledge. In that regard, he is always
concerned about the appearance of impropriety that might arise if he participates in a matter before the
City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that
interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government
Conflict of Interests Act (the "Act'), it is Council Member Remick's practice to thoroughly review the
agenda for each meeting of the City Council to identify any matters in which he might have an actual or
potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he
has a "personal interest, "as defined by the Act, either individually or as an employee of Colliers, he will
file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council.
March 18, 2025
17
VF
CERTIFICATION
ITEM#76 778
Upon motion Council Member Rouse, seconded by Council Member Ross-Hammond, City Council
CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, 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:
David Hutcheson
March 18, 2025
04 0
s �• ,
t 0 OUR M�SONS
RESOL UTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM#76777 on Page 14 and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE,BE IT RESOL VED: 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.
Terri H. ius
Chief Deputy City Clerk
March 18, 2025
18
ITEM— V G.1
MINUTES
ITEM#76779
Upon motion by Council Member Remick, seconded by Council Member Schulman, City Council
APPROVED the MINUTES of the FORMAL SESSION of February 25,2025
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
19
ITEM— V G.2
MINUTES
ITEM#76 780
Upon motion by Council Member Remick, seconded by Council Member Schulman, City Council
APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of March 4, 2025
Voting: 9- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N.
Ross-Hammond, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Abstaining:
Jennifer Rouse
Council Members Absent:
David Hutcheson
March 18, 2025
20
ITEM— V H.1
MAYOR'S PRESENTATIONS
ITEM#76 781
PROCLAMATION
VIRGINIA UNITED YOUTHFOOTBALL & CHEER 11 U VIRGINIA BEACHMUSTANGS
On behalf of City Council, Council Member Jackson-Green welcomed coaches and members of the Virginia
United Youth Football and Cheer I U Virginia Beach Mustangs and read the Proclamation commending
the teams for earning the 2024 National Championship through their hard work, determination, and
remarkable talent. Council Member Jackson-Green called upon all citizens,family, and friends to join us
in honoring the teams'accomplishments and highlight the values of teamwork, commitment,and community
pride that these young athletes exemplify.
Council Member Jackson-Green continued to read and present the next Proclamation.
March 18, 2025
lA B
.S�`Glr1 `�
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op pUR,A�pN
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"firms. 'Virginia VnitedYouth(Foot6a/l sZ Cheer was formed in 2014 with a vision to change the
landscape of youth sports in the 7fampton gads metropleX and then the State of Virginia;
and
41 ereas: We want the kids to be celebratedfirst with the coaches,parents,andfans right there with
them;and
Uftereas: 'Virginia Vnitedcertifies cheerleaders anddancers each season to ensure they are of the
proper age to be participating in Virginia Vnitedand that they are assigned to participate in
the proper competition squads for the'Virginia VnitedState Cheer Competition;and
"TWr=. Wany of the players come from various communities surrounding'Virginia Beach, bringing
together a diverse and unitedgroup of young athletes;and
Ufwreas In Decem6er 2024, the 111V Mustangs and 12`U Charged Vp Buffs brought home another
National0ampionship,a testament to theirhardwork determination,andremarka6fe
tarent. Their achievements continue to inspire and bring immense pride to our community
here in'Virginia;and
Ufwrras: 111)941ustangs and 12'V ChargedVp Buffs teams have achievedan extraordinary milestone.
This year, they competed in Plant City, EFlonda,and returned home as NationarChampions
in their divisions.
Now,Therefore I,Wgbert A Bo66y"Dyer,9Kayor of the City of Virginia Beach,'Virginia,do hereby
proclaim:
Virginia ,Jnited Youth.Toot6al.C(sZ Cheer 11 v
Virginia Boach 3fustangs
In `Virginia Beach, I cart upon all citizens, family, and friends to join us in honoring the teams'
accomplishments and highlight the values of teamwork commitment, and community pride that these young
athletes eXemprify.
In`Witness`GWcrwf,I have hereunto set my hand and caused the OfficialSeafof the City of Virginia Beach,
Virginia, to be affixed this Eighteenth(Day of Warch,Two Thousand and7wenty-Five.
4Zgbert W. "Bobby"(Dyer
Wayor
21
ITEM— V H.2
MAYOR'S PRESENTATIONS
ITEM#76 782
PROCLAMATION
VIRGINIA UNITED YOUTH FOOTBALL & CHEER 12U CHARGED UP BULLS
On behalf of City Council, Council Member Jackson-Green welcomed coaches and members of the Virginia
United Youth Football and Cheer 12U Charged Up Bulls and read the Proclamation commending the
teams for earning the 2024 National Championship through their hard work, determination, and
remarkable talent. Council Member Jackson-Green called upon all citizens,family, and friends to join us
in honoring the teams'accomplishments and highlight the values of teamwork,commitment,and community
pride that these young athletes exemplify.
Coach Bruce Pearl expressed his appreciation to City Council for recognizing the teams and expressed his
pride in the team for overcoming losses in the finals the past couple of years to win the National
Championship.
Mayor Dyer took a moment to welcome and recognize Troops and Troop Leaders from 490 and 490G
chartered at St Gregory the Great Catholic Church.
March 18, 2025
"L1
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rs
�16, UR NATO
'Prodalltatfolt
'Whereas: Virginia Vnited Youth Toot6all aZ Cheer was formed in 2014 with a vision to change the
landscape of youth sports in the Yfampton Wgads metropkand then the State of Virginia,•
and
`Whereas We want the kds to be celebratedfirst with the coaches,parents,andfans right there with
them;and
Whereas Virginia Vnitedcertijies cheerleaders anddancers each season to ensure they are of the
properage to 6e participating in'Virginia Vnited and that they are assigned to participate in
the proper competition squads for the Virginia`tJnitedState Cheer Competition;and
U,Nereas: Many of the players come from various communities surrounding Virginia Beach, bringing
together a diverse and unitedgroup.of young athl tes;and
Ufwrras: In December 2024, the 11V Mustangs and 12V Charged Vp Bulls brought home another
Nationaf Championship,a testament to theirhardwork determination,andremarfa6fe
talent. Their achievements continue to inspire and6ring immense pride to our community
here in Virginia;and
%Auras: ll O Mustangs and 12`U Charged`Up Bugs teams have achieved an eXtraordinary mifestone.
Thu year, they competed in Pfant City,'Florida,and returned home as National Champions
in their divisions.
Now,9hertfore I,Robert M. "Bo66y"Dyer,Mayor of the City of Virginia Beach, Virginia,do hereby
proclaim:
"rginia united Touth Football G�Cheer 12V
Charged Vp Buffs
In 'G'irginia Beach, I call upon aff citizens, family, and friends to join us in honoring the teams'
accomplishments andhighCrght the values of teamwork commitment, andcommunity pride that these young
athletes erempfify.
In Uiitnass Ufwrwf,I have hereunto set my handandcaused the Offi'cialSealof the City of Virginia Beach,
Virginia, to be affixed this Eighteenth Day of March,Two Thousand andTwenty-five.
Wp6ert M. Bobby"(Dyer
P. Mayor
22
ITEM— V.LI
PUBLIC HEARINGS
ITEM#76 783
Mayor Dyer DECLARED a PUBLIC HEARING:
PROPOSED FRANCHISE AGREEMENT FOR CITY-OWNED PROPERTY
Beach Operations at sandy area east of 4101 & 4201 Atlantic Avenue
There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING
March 18, 2025
23
ITEM— V L2
PUBLIC HEARINGS
ITEM#76 784
Mayor Dyer DECLARED a PUBLIC HEARING:
PROPOSED FRANCHISE AGREEMENT FOR CITY-OWNED PROPERTY
Parking(Valet Services) at portions of 18th Street, 20th Street and Arctic
Avenue adjacent to Atlantic Park
The following registered to speak.-
Susan Heilig, 1604 Baltic Avenue, Phone: 239-719-0112, spoke in OPPOSITION
There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING
March 18, 2025
24
ITEM- V L3
PUBLIC HEARINGS
ITEM#76 785
Mayor Dyer DECLARED a PUBLIC HEARING:
PROPOSED CAFE FRANCHISE AGREEMENTS
a. Basil, LLC, t/a Basil Pizza re sidewalk cafe
b. Kiraly, LLC, t/a 2D Cafe and Eatery re sidewalk cafe
c. Seha, Inc., t/a Red Dragon re sidewalk cafe
d. EEE LLC, t/a La Dulce Vida re sidewalk cafe
e. Las Palmas Boardwalk Corporation, t/a Las Palmas re boardwalk cafe
f. Kamales, Inc., t/a Vh Street Grill cafe re sidewalk cafe
g. SEDA, Inc., t/a 21"Street Grill re sidewalk cafe
h. Kouri, LLC, t/a Cafe Atlantic re sidewalk cafe
i. Virginia George Co, Inc., t/a Dough Boy's Cafe re sidewalk cafe
j. Planet Pizza, Inc., re sidewalk cafe
k VB's Raw Bar, Inc., t/a Seaside Raw Bar Cafe re sidewalk cafe
1. 11`"Street Tap House, LLC, t/a Chicos re boardwalk cafe
m. Dunes Investment Associates, LLC, t/a The Dunes Cafe re boardwalk cafe
n. Crestline Hotels & Resorts, LLC, t/a Marriott Courtyard re boardwalk cafe
There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING
March 18, 2025
25
ITEM— V.J
FORMAL SESSION AGENDA
ITEM#76786
Mayor Dyer read the Speaker Policy and advised for items where only one (1)speaker is registered, the
City Clerk will call the speaker, and they will be given a total of six(6) minutes to speak on all items.
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council APPROVED,BY
CONSENT,Agenda Items Ordinances K. 1,2,3,4,5,6, 7,8,9,10,11,12,13,14,1 S and 16 and Planning
Items L: 1,2,3, 4, S, 6, 7, 8, 9 and 10
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
26
ITEM— V I
ORDINANCES I RESOL UTION
ITEM#76 78 7
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED,BY
CONSENT, Resolution to PROVIDE for the issuance and sale of Storm Water Utility Revenue Bonds,
Series 2025, in a maximum principal amount of$90-Million, and PROVIDE for the form, detail and
payments thereof to finance the cost of improvements to the Stormwater Utility System and AUTHORIZE
the execution and delivery of document certain related documents
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
RESOLUTION OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, TO PROVIDE FOR THE ISSUANCE AND SALE OF STORM
WATER UTILITY REVENUE BONDS, SERIES 2025, IN A MAXIMUM
AGGREGATE PRINCIPAL AMOUNT OF $90,000,000, PROVIDING FOR
THE FORM, DETAILS AND PAYMENT THEREOF TO FINANCE
IMPROVEMENTS TO THE CITY'S STORMWATER UTILITY SYSTEM
AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN
RELATED DOCUMENTS
WHEREAS, the Council (the "Council") of the City of Virginia Beach, Virginia (the
"City"), has been advised that it would be advantageous for the City to issue its storm water
utility revenue bonds to finance the costs of improvements and extensions to its stormwater
utility system(the"System");
WHEREAS, the Council has previously adopted ordinances authorizing the City's
issuance of storm water utility revenue bonds in principal amounts sufficient to permit the
issuance of$90,000,000 in principal amount of such bonds;
WHEREAS, based upon premises described above, the Council has determined that it is
desirable and in the best interests of the City to undertake the issuance of $90,000,000 in
maximum aggregate principal amount of its storm water utility revenue bonds; and
WHEREAS, there have been presented to this meeting or otherwise made available the
following documents and draft documents in connection with the undertaking of the above-
described financing and refinancing and the issuance and sale of such bonds:
(a) Agreement of Trust dated as of January 1, 2000, between the City and
U.S. Bank Trust Company, National Association (as successor to First
Union National Bank), as trustee (the "Trustee"), as previously amended
and supplemented(the "Master Agreement of Trust");
(b) Draft of Sixth Supplemental Agreement of Trust dated as of May 1, 2025,
between the City and the Trustee (the "Sixth Supplemental Agreement"
and, together with the Master Agreement of Trust, the "Agreement of
Trust"), pursuant to which such bonds will be issued, and including the
forms of such bonds as an exhibit thereto;
(c) Draft of Notice of Sale to be dated on or about April 24, 2025, to advertise
such storm water utility revenue bonds for sale (the "Notice of Sale");
(d) Draft of Preliminary Official Statement to be dated on or about April 24,
2025 (the "Preliminary Official Statement"), relating to the public offering
of such bonds; and
1
(e) Draft of Continuing Disclosure Agreement dated as of May 1, 2025 (the
"Continuing Disclosure Agreement"), pursuant to which the City will
agree to undertake continuing disclosure obligations pursuant to Securities
and Exchange Commission Rule 15c2-12, as amended (the "Rule"), for
the benefit of the holders of such bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH,VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The City hereby authorizes the
issuance and sale of its storm water utility revenue bonds in an aggregate principal amount not to
exceed $90,000,000 (the "Bonds"), in one or more series, pursuant to the Constitution and
statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act
of 1991, as amended,to finance the costs of improvements and extensions to the System.
2. Sixth Supplemental Agreement. The City Manager is hereby authorized and
directed to execute and deliver the Sixth Supplemental Agreement, which shall be in
substantially the form presented to this meeting, which is hereby approved, with such
completions, omissions, insertions, and changes not inconsistent with this Resolution as the City
Manager may approve. The execution of the Sixth Supplemental Agreement by the City
Manager shall constitute conclusive evidence of his approval of any such completions,
omissions, insertions, and changes.
3. Bond Details. The Bonds shall be dated the date determined by the City Manager,
shall be in registered form, in denominations of $5,000 and multiples thereof, and shall be
numbered R-1 upward. Each Bond shall bear interest at such rate as shall be determined at the
time of sale, payable semiannually on dates determined by the City Manager, calculated on the
basis of a 360-day year of twelve 30-day months.
The Council authorizes the issuance and sale of the Bonds in such principal amounts and
upon such terms as shall be determined by the City Manager provided that the Bonds shall (a)
have a true interest cost not exceeding 5.50% per year (taking into account any original issue
discount or premium), (b) have a final maturity no later than the year 2050, (c) be sold at a price
not less than 100% of the aggregate principal amount thereof, and (d) be in an aggregate
principal amount not exceeding$90,000,000.
4. Preparation and Delivery of the Bonds. The Mayor is hereby authorized and
directed to execute the Bonds by manual or facsimile signature, the City Clerk is hereby
authorized and directed to countersign the Bonds and affix the seal of the City thereto or cause a
facsimile thereof to be printed thereon, and the officers of the City are hereby authorized and
directed to deliver the Bonds to the Registrar (as defined in the Agreement of Trust) for
authentication and delivery to the purchaser.
5. Pledge of Security. The Bonds shall be limited obligations of the City, payable
solely from Pledged Revenues (as defined in the Agreement of Trust) and the funds created by
the Agreement of Trust and pledged to the payment of the Bonds, and nothing in the Bonds or
2
the Agreement of Trust shall be deemed to create or constitute an indebtedness or pledge of the
full faith and credit of the Commonwealth of Virginia or any political subdivision thereof,
including the City.
6. Sale of Bonds. The City Manager is authorized to determine the manner of sale
of the Bonds, including through a competitive sale or a negotiated sale. If the manner of sale is
competitive, the City Manager is (a) authorized and directed to take all proper steps to finalize
and distribute, in accordance with standard practices of municipal securities, the Notice of Sale,
which shall be in substantially the form presented to the City Council prior to this meeting,
which is hereby approved, with such completions, omissions, insertions and changes as the City
Manager may approve to the reflect the terms of the Bonds determined in accordance with this
Resolution, and (b)to receive bids for the Bonds and to award the Bonds to the bidder providing
the lowest true interest cost, subject to the limitations set forth in Section 3 of this Resolution. If
manner of sale is negotiated, the City Manager is authorized to execute and deliver a bond
purchase agreement with an underwriter or group of underwriters selected by the City Manager,
providing for the sale and delivery of the Bonds. The actions of the City Manager in selling the
Bonds by competitive sale or negotiated sale shall be conclusive, and no further action with
respect to the sale and issuance of the Bonds shall be necessary on the part of the Council.
7. Official Statement. The City Manager is hereby authorized and directed to
approve the distribution of the Preliminary Official Statement to potential purchasers of the
Bonds with such completions, omissions, insertions and other changes not inconsistent with this
Resolution as the City Manager, in collaboration with Butler Snow LLP, as bond counsel for the
Bonds ("Bond Counsel"), may consider appropriate to complete it as an official statement in
final form. The City Manager is authorized, on behalf of the City, to deem the Preliminary
Official Statement and the final Official Statement to be "final" as of their dates within the
meaning of the Rule, except for the omission from the Preliminary Official Statement of certain
pricing and other information permitted to be omitted pursuant to the Rule. The City Manager is
further authorized, on behalf of the City, to execute the final Official Statement. The distribution
of the Preliminary Official Statement and the execution of the final Official Statement by the
City Manager shall be conclusive evidence that each has been approved and deemed final.
8. Continuing Disclosure. The City Manager is hereby authorized and directed to
execute and deliver the Continuing Disclosure Agreement, which shall be in substantially the
form presented to the City Council prior to this meeting, which is hereby approved, with such
completions, omissions, insertions and changes not inconsistent with this Resolution as the City
Manager may approve. The execution of the Continuing Disclosure Agreement by the City
Manager shall constitute conclusive evidence of his approval of any such completions,
omissions, insertions and changes.
9. Non-Arbitrage Certificate and Elections. Such officers of the City as may be
requested by Bond Counsel are authorized and directed to (a) execute appropriate certificates
setting forth the expected use and investment of the proceeds of the Bonds to show that such
expected use and investment will not violate the provisions of Section 148 of the Code, and the
regulations thereunder, applicable to "arbitrage bonds," (b) make any elections that such officers
deem desirable, in consultation with Bond Counsel, regarding any provision requiring rebate to
the United States of"arbitrage profits" earned on investment of proceeds of the Bonds, and (c)
3
file Internal Revenue Service Form 8038-G. The foregoing shall be subject to the advice,
approval and direction of Bond Counsel.
10. Further Actions. All other actions of officers of the City that are in conformity
with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the
Bonds, and the plan of financing and refinancing related thereto, are hereby approved and
ratified. The officers of the City are authorized and directed to execute and deliver such further
certificates and instruments and to take all such further actions as may be considered necessary
or desirable in connection with the issuance, sale and delivery of the Bonds.
11. Effective Date. This Resolution shall take effect immediately.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
J
Finance Department 'City Attorney's Office
CA-16826
R-1
March 6, 2025
4
CERTIFICATE
The undersigned Clerk of the City Council (the "Council") of the City of Virginia Beach,
Virginia(the "City"),hereby certifies that:
1. A meeting of the Council was duly called and held on March 18, 2025 (the
"Meeting"), at which a quorum was present and acting at all times.
2 Attached hereto is a true, correct and complete copy of a resolution (the
"Resolution") of the Council entitled "Resolution of the Council of the City of Virginia Beach,
Virginia, to Provide for the Issuance and Sale of Storm Water Utility Revenue Bonds, Series
2025, in a Maximum Aggregate Principal Amount of $90,000,000, Providing for the Form,
Details and Payment Thereof, to Finance Improvements to the City's Stormwater Utility System
and Authorizing the Execution and Delivery of Certain Related Documents," as recorded in full
in the minutes of the Meeting and duly adopted by a majority of all members of the Council.
3. A summary of the members of the Council present or absent at the Meeting, and
the recorded vote with respect to the Resolution, is set forth below:
Votm
Member Name Present Absent Yes No Abstaining
Robert M. Dyer, Mayor X X
Rosemary Wilson,Vice Mayor X X
Michael F. Berlucchi X X
Stacy Cummings X X
Barbara M. Henley X X
David Hutcheson X
Cal Jackson-Green X X
Robert W. Remick X X
Dr. Amelia Ross-Hammond X X
Jennifer V. Rouse X X
Joashua F. Schulman X X
4. The Resolution has not been repealed, revoked, rescinded or amended, and is in
full force and effect on the date hereof.
WITNESS MY HAND and the seal of the City of Virginia Beach, Virginia, this 18th
day of March 2025.
erk, Council-o
City of Virginia each; Virginia
(SEAL)
5
-r
27
ITEM— V.K.2
ORDINANCES I RESOL UTION
ITEM#76 788
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE temporary encroachments into an 80'City-Owned drainage and
canal easement and into a S'City-Owned drainage and utility easement located at the rear of 1832 Duke
of York Quay re maintain an existing brick paver walkway and an existing variable width floating dock,
and construct and maintain a bulkhead with wood plies, wharf, wood dock and boathouse DISTRICT 8
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO
5 AN 80' CITY-OWNED DRAINAGE AND
6 CANAL EASEMENT AND INTO A 5' CITY-
7 OWNED DRAINAGE AND UTILITY
8 EASEMENT, LOCATED AT THE REAR
9 OF 1832 DUKE OF YORK QUAY
10
11 WHEREAS, David Edward LaMontagne, Jr., Trustee of the David Edward
12 LaMontagne, Jr., Declaration of Trust Agreement, dated June 16, 2020 (the "Applicant")
13 requests permission to maintain an existing 3.96' x 25.51' brick paver walkway and an
14 existing variable width floating dock, and to construct and maintain a 151 LF vinyl bulkhead
15 with fifty-two (52) 8" wood piles, a 134.20' x 5.13' wharf, an 18' x 41.02' wood dock and a
16 16' x 30' boathouse, into an 80' City-owned drainage and canal easement, and into a 5'
17 City-owned drainage and utility easement, located adjacent to 1832 Duke of York Quay
18 (GPIN: 1499-84-4952); and
19
20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
21 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
22 the City-owned easements subject to such terms and conditions as Council may prescribe.
23
24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA-
26
27 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
28 2009 and 15.2-2107, Code of Virginia, 1950, as amended, David Edward LaMontagne, Jr.,
29 Trustee of the David Edward LaMontagne, Jr., Declaration of Trust Agreement dated June
30 16, 2020, its heirs, assigns and successors in title are authorized to construct and maintain
31 the Temporary Encroachment within the City-owned easements as shown on the map
32 entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED
33 BULKHEAD,WHARF, DOCK, BOATHOUSE AND EXISTING DOCK&WALK FOR DAVID
34 EDWARD LAMONTAGNE, JR. TRUSTEE OF THE DAVID EDWARD LAMONTAGNE, JR.
35 DECLARATION OF TRUST AGREEMENT DATED JUNE 16, 2020 LOCATED ON LOT 74,
36 CHELSIA M.B. 96, PG. 5 CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated
37 August 8, 2024, and revised through December 3, 2024, prepared by Gallup Surveyors &
38 Engineers, a copy of which is attached hereto as Exhibit "A" and on file in the Department
39 of Public Works and to which reference is made for a more particular description;
40
41 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly
42 subject to those terms, conditions and criteria contained in the agreement between the City
43 of Virginia Beach, and David Edward LaMontagne, Jr., Trustee of the David Edward
44 LaMontagne, Jr., Declaration of Trust Agreement dated June 16, 2020 (the "Agreement"),
45 an unexecuted copy of which has been presented to the Council in its agenda and will be
46 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia
47 Beach.
48
49 BE IT FURTHER ORDAINED, that the City Manager or his authorized
50 designee is hereby authorized to execute the Agreement; and
51
52 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
53 such time as David Edward LaMontagne Jr., Trustee of the David Edward LaMontagne Jr.,
54 Declaration of Trust Agreement, dated June 16, 2020 and the City Manager or his
55 authorized designee execute the Agreement.
56
57 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 t h
58 day of March , 2025.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
B IC W KS / REAL ESTATE DAN . H MEYER
DEPUTY CITY ATTORNEY
CA16588
R-2
Prepared: 2/27/2025
LINE OF 25% LOT 98
2 OF WATERWAY 3 B. 96, PG. 5
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GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF
SURVEYORS S ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION
323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020
VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
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Scale: 1"=10. Date: Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK
GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF
SURVEYORS & ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION
323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020
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(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
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Sheet Name: Overall Sheet: 3 of 9 PROPOSED BULKHEAD, WHARF, DOCK,
Scale: 1"=10' Date: Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK
GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF
SURVEYORS & ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION
323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020
VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5
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Scale: 1"=10' Date: Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK
GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF
SURVEYORS & ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION
323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020
VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5
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Sheet Name:Wharf Sheet: 5 of 9 PROPOSED BULKHEAD, WHARF, DOCK,
Scale: 1"=10' Date:Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK
GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF
SURVEYORS & ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION
323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020
VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
W:\Lamontagne,David 1832 Duke of York Quay\Drawings\24-10 Exhibit.dwg,12/9/2024 11:27:16 AM
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GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF
THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION
SURVEYORS & ENGINEERS
323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020
VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
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Sheet Name: Dock Sheet: 7 of 9 PROPOSED BULKHEAD, WHARF, DOCK,
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GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF
SURVEYORS & ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION
323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020
VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
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ENCROACHMENT EXHIBIT SHOWING
Sheet Name: EX. DOCK&WALK Sheet: 8 of 9 PROPOSED BULKHEAD, WHARF, DOCK,
Scale: 1"=8' Date: Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK
GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF
SURVEYORS & ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION
323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020
VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5
)1
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
W:\Lamontagne,David 1832 Duke of York Quay\Drawings\24-10 Exhibit.dwg,12/9/2024 11:27:16 AM
1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT.
L 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY.
3. THIS PLAN IS BASED UPON A PHYSICAL SURVEY PREPARED BY:
G'r ROUSE SIRINE ASSOCIATES, LRD.
O DATED: 7-20, 1979
U DA *: UTLER Y 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF
`,i�c.No. 38395 RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES.
4
a�8
LINE TABLE
AL E LINE BEARING DISTANCE
L1 N15*55'13"E 50.40'
L2 N39'03'25"E 87.08'
CURVE TABLE
CURVE DELTA RADIUS LENGTH TANGENT CHD BEARING CHORD
C1 07'09'59" 400.00' 50.03' 25.05' S2739'15"W 50.00'
ADJACENT OWNERS
KEY OWNER INSTRUMENT 1 LEGAL i INSTRUMENT GPIN
LOT 75, M.B. 96,
BRENDA A. HARMON D.B. 4162, PG. 428 i 1499-84-4811
__ 1 CHELSEA PG. 5
LAWRENCE L. BRADY & I N 20080602000637800 LOT 96, M.B. 96, 11499-84-199211
MELODIE A. BRADY I.N.' CHELSEA PG. 5
j JOSEPH S. DONNELL. III! LOT 97, M.B. 96,
3 & JUDITH E. DONNELL I.N. 20070122000097200 CHELSEA PG. 5 1499-85-2004
FRANKLIN P. EARLEY & LOT 98 M.B. 96,
SUSAN T. EARLEY I D.B. 3102, PG 29 CHELSEA PG. 5 ! 1499-85-1194
I ,
ERIC T. JOHNSON & 'I N 20150324000249910 LOT 99, M.B. 96, 11499-85-3126
COURTNEY L. JOHNSON CHELSEA j PG. 5
JOHN J. TUITE & M.B.D.B. 3206, PG. 1637 PART OF LOT 96,
DOROTHY M. TUITE ( PG 5 1499-84-5939 !
74, CHELSEA i
EXHIBIT A
ENCROACHMENT EXHIBIT SHOWING
Sheet Name: Notes Sheet: 9 of 9 PROPOSED BULKHEAD, WHARF, DOCK,
Scale: NA Date: Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK
GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF
SURVEYORS S ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION
323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020
VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
W:\Lamontagne,David 1832 Duke of York Quay\Drawings\24-10 Exhibit.dwg,12/9/2024 11:27:16 AM
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
THIS AGREEMENT, made this g day of 202Yby
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and DAVID EDWARD LAMONTAGNE, JR.,
TRUSTEE OF THE DAVI_D EDWARD LAMONTAGNE, JR., DECLARATION OF
TRUST AGREEMENT DATED JUNE 16, 2020, ITS HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, collectively "Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot "74", as shown on that certain plat entitled:
"CHELSEA LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA," Scale: 1" = 100',
dated March 19, 1973, prepared by Baldwin and Gregg, which plat is recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 96,
at page 5, and being further designated, known, and described as 1832 Duke of York
Quay, Virginia Beach, Virginia 23454.
WHEREAS, it is proposed by the Grantee to maintain an existing 3.96' x
25.51' brick paver walkway and an existing variable width floating dock, and to construct
and maintain a 151 LF bulkhead with fifty-two (52) 8" wood piles, a 134.20' x 5.13'
wharf, an 18' x 41.02' wood dock and a 16' x 30' boathouse, collectively, the
"Temporary Encroachment", in the City of Virginia Beach; and
GPINs: NO GPINS ASSIGNED (CITY-OWNED 80' DRAINAGE AND CANAL
EASEMENT)
NO GPIN ASSIGNED (CITY-OWNED 5' DRAINAGE AND UTILITY
EASEMENT)
1499-84-4952 (1832 DUKE OF YORK QUAY)
WHEREAS; in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into an 80' City-owned'
drainage and canal easement and into a 5' City-owned drainage and utility easement,
collectively, the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby
acknowledged, the City hereby grants to the Grantee permission to use the
Encroachment Area for the purpose of constructing and maintaining the Temporary
Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT A
ENCROACHMENT EXHIBIT SHOWING PROPOSED
BULKHEAD,WHARF, DOCK, BOATHOUSE AND EXISTING
DOCK & WALK FOR DAVID EDWARD LAMONTAGNE, JR.
TRUSTEE OF THE DAVID EDWARD LAMONTAGNE, JR.
DECLARATION OF TRUST AGREEMENT DATED JUNE
16, 2020 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5
CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50',
dated August 8, 2024, and revised through December 3,
2024, prepared by Gallup Surveyors & Engineers, a copy of
which is attached hereto as Exhibit "A" and to which
reference is made for a more particular description.
2
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents, and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood that any existing encroachments
referenced in the attached Exhibit or in this Agreement are the ongoing maintenance
3
obligation of the Grantee and the City disclaims any ownership interest or maintenance
obligation of such encroachments.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined.
The company providing the insurance must be registered and licensed to provide
insurance in the Commonwealth of Virginia. The Grantee will provide endorsements
providing at least thirty (30) days written notice to the City prior to the cancellation or
termination of, or material change to, any of the insurance policies. The Grantee
assumes all responsibilities and liabilities, vested or contingent, with relation to the
construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
4
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, DAVID EDWARD LAMONTAGNE, JR.,
TRUSTEE OF THE DAVID EDWARD LAMONTAGNE JR., DECLARATION OF TRUST
AGREEMENT, DATED JUNE 16, 2020, the said Grantee, has caused this Agreement
to be executed by his signature. Further, that the City of Virginia Beach has caused this
Agreement to be executed in its name and on its behalf by its City Manager and its seal
be hereunto affixed and attested by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By: (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 202_, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
My Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 202_, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
My Notary Registration Number:
My Commission Expires:
6
DAVID EDWARD LAMONTAGNE
JR., TRUSTEE OF THE DAVID
EDWARD LAMONTAGNE, JR.,
DECLARATION OF TRUST
AGREEMENT, DATED JUNE 1 2020
By:
David E. La gne, Trustee
STATE OF 1 f- t n lc.
ITY OUNTY
The foregoing instrument was acknowledged before me this IS4] day of
2025 by David Edward Lamontagne, Jr., Trustee of the David
g464Ci Q1I,,
Edward LaMontagne, Jr., Declaration of Trust Agreement, dated June 16� `O4- COSN vv
(S a
Notary Public
', ter••.....•• '�� ,,
My Notary Registration Number: 'DS9 Icj� #too
My Commission Expires: '511 50a-"]
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
U
lub'bc WO S - REAL ESTATE 4UD
H
ATTORNEY
7
LINE OF 25% LOT 98
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Sheet Name: Overall Sheet: 1 of 9 PROPOSED BULKHEAD, WHARF, DOCK,
Scale: 1"=50' Date:Aug. 8, 2024 Rev. Dec. 3, 2024 BOATHOUSE AND EXISTING DOCK & WALK
GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF
SURVEYORS & ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION
323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020
VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
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Sheet Name: Overall Sheet: 3 of 9 PROPOSED BULKHEAD, WHARF, DOCK,
Scale: 1"=10' I Date: Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK
GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF
SURVEYORS&ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION
323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020
VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
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Sheet Name: Bulkhead Sheet: 2 of 9 PROPOSED BULKHEAD, WHARF, DOCK,
Scale: 1"=10' Date: Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK
GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF
SURVEYORS & ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION
323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020
VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
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Sheet Name: Wharf Sheet: 4 of 9 PROPOSED BULKHEAD, WHARF, DOCK,
Scale: 1"=10' Date: Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK
GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF
SURVEYORS& ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION
323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020
VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
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Sheet Name: Wharf Sheet: 5 of 9 PROPOSED BULKHEAD, WHARF, DOCK,
Scale: 1"=10' Date: Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK
GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF
SURVEYORS & ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION
323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020
VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
W:\Lamontagne,David 1832 Duke of York Quay\Drawings\24-10 Exhibit.dwg,12/9/2024 11:27:16 AM
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GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF
SURVEYORS & ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION
323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020
VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
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Sheet Name: Dock Sheet: 7 of 9 PROPOSED BULKHEAD, WHARF, DOCK,
Scale: 1"=8' Date: Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK
GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF
SURVEYORS & ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION
323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020
VIRGINIA BEACH,VIRGINIA23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
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0 8 16
EXHIBIT A
ENCROACHMENT EXHIBIT SHOWING
Sheet Name: EX. DOCK&WALK Sheet: 8 of 9 PROPOSED BULKHEAD, WHARF, DOCK,
Scale: 1"=8' Date: Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK
GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF
SURVEYORS 8 ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION
323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020
VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
W:\Lamontagne,David 1832 Duke of York Quay\Drawings\24-10 Exhibit.dwg,12/9/2024 11:27:16 AM
���ALTH OF 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT.
Lf 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY.
O 3. THIS PLAN IS BASED UPON A PHYSICAL SURVEY PREPARED BY:
�• G'r ROUSE SIRINE ASSOCIATES, LRD.
O : DATED: 7-20, 1979
u DA W. UTLER Y 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF
� `I c.No. 38395 RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES.
P �► �2� w�
LINE TABLE
��SSIONAL ECG` LINE BEARING DISTANCE
L1 N15*55'1YE 50.40'
L2 N39'03'25"E 87.08'
CURVE TABLE
CURVE DELTA RADIUS LENGTH TANGENT CHD BEARING CHORD
C1 07'09'59" 400.00' 50.03' 25.05' S27'39'15"W 50.00'
ADJACENT OWNERS
KEY OWNER INSTRUMENT LEGAL INSTRUMENT GPIN
BRENDA A. HARMON D.B. 4162, PG. 428 LOT 75, M.B. 96, 1499-84-4811
CHELSEA PG. 5
LAWRENCE L. BRADY & I.N. 20080602000637800 LOT 96, M.B. 96, 1499-84-1992
MELODIE A. BRADY CHELSEA PG. 5
JOSEPH S. DONNELL, III I.N. 20070122000097200 LOT 97, M.B. 96, 1499-85-2004
5
FRANKLIN P. EARLEY & D.B. 3102, PG. 29 LOT 98, M.B. 96, 1499-85-1194
SUSAN T. EARLEY CHELSEA PG. 5
5 ERIC T. JOHNSON & I N. 20150324000249910 LOT 99, M.B. 96, 1499-85-3126
COURTNEY L. JOHNSON CHELSEA PG. 5
s
D.B. 3206, PG. 1637 PART OF LOT JOHN J. TUTE & LOT 73 & M.B. 96,
DOROTHY M. TUITE PG. 5 1499-84-5939
74, CHELSEA
EXHIBIT A
1 ENCROACHMENT EXHIBIT SHOWING
Sheet Name: Notes Sheet: 9 of 9 PROPOSED BULKHEAD, WHARF, DOCK,
Scale: NA Date:Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK
GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF
SURVEYORS& ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION
323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020
VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
W:\Lamontagne,David 1832 Duke of York Quay\Drawings\24-10 Exhibit.dwg,12/9/2024 11:27:16 AM
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28
ITEM— V K.3
ORDINANCES I RESOL UTION
ITEM#76 789
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE $555,750 from the Virginia Department of
Environmental Quality to the FY 2024-25 Capital Improvement Program to Capital Project #100391,
"Southern Rivers Watershed"re implementation of water quality improvement projects
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $555,750 IN STORMWATER LOCAL ASSISTANCE
3 FUND FUNDING TO CAPITAL PROJECT 100391,
4 "SOUTHERN RIVERS WATERSHED"
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 1) $555,750 is hereby accepted from the Virginia Department of Environmental
10 Quality and appropriated, with state revenues increased accordingly, to the FY
11 2024-25 Capital Improvement Program to Capital Project #100391, "Southern
12 Rivers Watershed."
13
14 2) The City Manager or his designee is hereby authorized to enter into any necessary
15 agreements associated with project development for Project #100391 consistent
16 with the grant award.
Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day
of March , 2025.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
B dget and Management Services i orney's Office
CA16827
R-1
March 5, 2025
29
ITEM— V L4
ORDINANCES I RESOL UTION
ITEM#76790
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT, Ordinance re membership of the Active Transportation Advisory Committee (Requested by
the Active Transportation Advisory Committee)
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
1 AN ORDINANCE PERTAINING TO THE MEMBERSHIP OF
2 THE ACTIVE TRANSPORTATION ADVISORY COMMITTEE
3
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA, THAT:
6
7 1. The Active Transportation Advisory Committee ("ATAC") shall be comprised of
8 nine members who are residents of Virginia Beach with diverse geographical
9 representation and active transportation interests as defined in the Active
10 Transportation Plan, and the terms of such members shall be three years:
11
12 2. Two high school members also shall be appointed to participate in a non-voting
13 capacity for one-year terms on a fiscal year basis, beginning July 1st and ending
14 June 30th of the following year;
15
16 3. The Planning Commission and the Parks and Recreation Commission shall
17 designate one of their members to serve as a liaison to the committee, and the
18 City Council will designate one or two councilmembers to serve as liaisons to the
19 committee,
20
21 4. The liaisons are not members of the committee; and
22
23 5. A quorum of the ATAC shall be defined as a majority of then-appointed voting
24 members. but no less than three members.
25
26 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of
27 March 12025.
APPROVED AS TO LEGAL SUFFICIENCY
City Attorney's Office
CA 16854
R-4
March 12, 2025
30
ITEM— V.K.5
ORDINANCES/RESOL UTION
ITEM#76 791
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT,Ordinance re membership of the Advertising Advisory Committee(Requested by City Council)
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
1 AN ORDINANCE PERTAINING TO THE
2 MEMBERSHIP OF THE ADVERTISING
3 ADVISORY COMMITTEE
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 1 . The membership of the Advertising Advisory Committee shall consist of the
9 following fourteen voting members:
10
11 • Two members of the Virginia Beach Hotel Association (which may include
12 the Association President or members with advertising, marketing, or media
13 experience; provided, however, that one of the two members shall be a
14 representative of a hotel that is not located in the Resort Area);
15 • Two members of the Virginia Beach Restaurant Association (which may
16 include the Association President or members with advertising, marketing, or
17 media experience; provided, however, that one of the two members shall be
18 a representative of a restaurant that is not located in the Resort Area);
19 . A member of the arts and culture community (which may include
20 representation from festivals/live events, museums, arts districts, cultural
21 centers, art studios, or similar entities);
22 • A retail industry representative (Citywide);
23 . A representative of the Resort Advisory Commission;
24 . A cottage/rental industry representative;
25 • A Central Business District Association representative;
26 . A representative of the Shore Drive Corridor/Bayfront Area;
27 . A sports industry representative;
28 • Two citizen members with advertising, marketing, or media experience; and
29 • A resident of the City.
30
31 2. The Committee shall also include the following four non-voting ex officio
32 members:
33
34 . The Director of the Convention and Visitors Bureau;
35 • The Executive Director of the Virginia Beach Hotel Association;
36 . The Executive Director of the Virginia Beach Restaurant Association; and
37 . A representative of the Virginia Beach Chamber of Commerce.
38
39 3. The non-voting ex officio members will not be appointed for terms. They shall
40 not be counted for purposes of determining a quorum, and they shall not be subject to
41 the attendance requirements set forth in City Code § 2-3.1.
42
43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of
44 March 2025.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Oie7Q
CA16829
R-2
March 6, 2025
2
31
ITEM— VL6
ORDINANCES I RESOL UTION
ITEM#76 792
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND City Code Section 2-469 re membership of the Audit Committee
(Requested by City Council)
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
1 AN ORDINANCE TO AMEND CITY CODE SECTION
2 2-469 PERTAINING TO MEMBERSHIP OF THE
3 AUDIT COMMITTEE
4
5 SECTION AMENDED: § 2-469
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 2-469 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and reordained to read as follows:
12
13 Sec. 2-469. Audit committee.
14
15 (a) To ensure independence of the audit function, an audit committee is
16 hereby established. The audit committee shall consist of five (5) meMbers: twe
17 three (3) vatiRg-citizen members, who shall
18 be appointed by the council. At least one (1) of the citizen members shall be a
19 licensed certified public accountant, and the other two (2) citizen-members shall
20 have a background in finance, accounting, and/or auditing. Of these first
21 appOiRted, one (1) mernber shall be appeinted for a term of one (1) yeaF, one (4)
22 ;
23 Aappointments shall be for a term of three (3) years.
24
25 (b) The audit committee shall consult with the city auditor regarding technical
26 issues and work to assure maximum coordination between work of the office of
27 the city auditor and external audit efforts.
28
29 (c) The audit committee shall meet as needed to perform its duties but shall
30 not meet less than three (3) times annually and shall be responsible for:
31
32 (1) Reviewing the city auditor's annual plan and budget before
33 submission to council.
34 (2) Reviewing audit reports upon issuance;
35 (3) Monitoring follow-up on reported findings to assure corrective
36 action is taken;
37 (4) Reporting to council on problems or problem areas at such times as
38 deemed appropriate;
39 (5) Performing an evaluation of the city auditor annually and reporting
40 the results of the evaluation and effectiveness of the audit function
41 to council;
42 (6) Reviewing reports of the external auditors; and
43 (7) Evaluating the findings and recommendations of the peer review of
44 the audit function as required by Government Auditing Standards.
Adopted by the Council of the City of Virginia Beach, Virginia on thel8th day of
March , 2025.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
CA16819
R-1
February 18, 2025
32
ITEM— V K.7
ORDINANCES I RESOL UTION
ITEM#76 793
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND the membership of the Bayfront Advisory Commission
(Requested by City Council)
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
1 AN ORDINANCE TO AMEND THE MEMBERSHIP
2 OF THE BAYFRONT ADVISORY COMMISSION
3
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA:
6
7 That the membership of the Bayfront Advisory Commission shall include twelve
8 (12) citizens of the Bayfront area and two (2) non-voting ex-officio members: the
9 Planning Commission members from the 8th and 9th Election Districts. The membership
10 also may include up to five (5) high school students who reside in Election District 8 or
11 Election District 9, or who are enrolled in the Virginia Beach City Public Schools
12 Environmental Studies Program at the Brock Environmental Center. Student members
13 shall be appointed for a term of one year, and they shall be non-voting members. To
14 align students' terms with the academic year, when feasible, the City Council will
15 appoint student members for a term that begins on July 1 and ends on June 30. A
16 majority of the appointed voting members shall constitute a quorum.
17
18 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 t h day of
19 March 2025.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CA16849
R-1
March 4, 2025
33
ITEM— V.K.8
ORDINANCES I RESOL UTION
ITEM#76 794
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT,Ordinance to AMEND City Code Section 6-162 re membership ofthe Beaches and Waterways
Advisory Commission (Requested by the Beaches and Waterways Advisory Commission)
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
1 AN ORDINANCE TO AMEND SECTION 6-162 OF THE
2 CITY CODE PERTAINING TO THE MEMBERSHIP OF
3 THE BEACHES AND WATERWAYS ADVISORY
4 COMMISSION
5
6 SECTION AMENDED: § 6-162
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 That Section 6-162 of the Code of the City of Virginia Beach, Virginia, is hereby
12 amended and reordained to read as follows:
13
14 Sec. 6-162. Composition; terms of members.
15
16 The commission shall be comprised of eleven (11)thirteen (13) members, with one
17 member being appointed by the city council from the residents of each of the election
18 districts of the city, two non-voting students, and with the rema!'R! g member or member
19 appointed a residents of the City at large. Members shall be appointed for terms
20 of three (3) years, except the student members, who shall be appointed for one-year
21 terms, beginning July 1 and ending June 30.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 t h day of
March , 2025.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CA16855
R-2
March 13, 2025
34
ITEM— [!K.9
ORDINANCES I RESOL UTION
ITEM#76 795
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT, Ordinance re membership of the Community Organization Grant Review and Allocation
Committee(Requested by City Council)
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
1 AN ORDINANCE PERTAINING TO THE MEMBERSHIP OF
2 THE COMMUNITY ORGANIZATION GRANT REVIEW AND
3 ALLOCATION COMMITTEE
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 That the representation on the Community Organization Grant Review and
9 Allocation Committee shall be comprised of nine (9) members as follows:
10
11 1 . One (1) Citizen-At-Large to be selected by the Mayor and confirmed by the City
12 Council;
13 2. Four (4) Citizens-At-Large to be selected by the City Council;
14 3. The Director of Public Health or qualified designee;
15 4. A representative from the Hampton Roads Community Foundation;
16 5. A representative from the United Way who has expertise in not-for-profit
17 agencies and/or grant fund allocation;
18 6. A representative of the Library Board.
Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day
Of March 2025.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney
CA16847
R-1
March 4, 2025
35
ITEM— VK.10
ORDINANCES I RESOL UTION
ITEM#76 796
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT,Ordinance to AMEND City Code Section 2-122 re membership of the Deferred Compensation
Board(Requested by City Council)
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
1 AN ORDINANCE TO AMEND SECTION 2-122 OF
2 THE CITY CODE PERTAINING TO THE DEFERRED
3 COMPENSATION BOARD
4
5 Section Amended: § 2-122
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That Section 2-122 is hereby amended to the Code of the City of Virginia Beach,
11 Virginia to read as follows:
12
13
14 2-122. Board—Established.
15
16 There is hereby created a deferred compensation board,
17 empleye The city council hereby appoints the director of finance, the director of human
18 resources, the employee relations manager, and the payroll administrator to the board.
19 The city council will appoint one (1) member from the sheriffs
20 office and three (3) members from schools, one of which shall be the schools chief
21 financial officer and one of which shall be a school board member. The city manager may
22 appoint up to three (3) additional board members from the deferred compensation plan
23 participants. The board members appointed by the city manager shall serve terms of three
24 (3) years from the date of appointment. Notwithstanding the previous sentence, all
25 members of the deferred compensation board shall serve at the pleasure of the city
26 council. The terms of the members of the deferred compensation board shall not be
27 limited by the restrictions of City Code section 2-3.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day
of March 2025.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Offic
CA16848
R-1
March 4, 2025
36
ITEM— VLI1
ORDINANCES I RESOL UTION
ITEM#76 79 7
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED,BY
CONSENT, Ordinance re membership of the Green Ribbon Committee(Requested by City Council)
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
1 AN ORDINANCE PERTAINING TO THE MEMBERSHIP
2 OF THE GREEN RIBBON COMMITTEE
3
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA:
6
7 That the Green Ribbon Committee shall consist of such number of persons as may
8 be appointed by the City Council and shall include, without limitation, members of the City
9 Manager's staff, representatives of the development and real estate industries,
10 representatives of the environmental community, engineers, attorneys, landscape
11 architects, architects or other professionals familiar with the application of environmental
12 regulations to development project, one member of the Planning Commission, and two
13 high school students as voting members. Committee members shall have three-year
14 terms, except for the high school students, who will be appointed to one-year terms.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of
March 2025.
APPROVED AS TO LEGAL
SUFFICIENCY-
City Attorney's Office
CA16850
R-1
March 4, 2025
37
ITEM— VX 12
ORDINANCES/RESOLUTION
ITEM#76 798
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND City Code Section 16-54 re membership of the Housing Advisory
Board(Requested by City Council)
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
1 AN ORDINANCE TO AMEND SECTION 16-54 OF
2 THE CITY CODE PERTAINING TO THE HOUSING
3 ADVISORY BOARD
4
5 Section Amended: § 16-54
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That Section 16-54 is hereby amended to the Code of the City of Virginia Beach,
11 Virginia to read as follows:
12
13
14 Sec. 16-54. Housing advisory board established; membership; duties.
15
16 (a) Established. The housing advisory board is hereby established.
17
18 (b) Term. There shall be at least ten (10) members of the board, who shall be
19 appointed by the city council for terms of four (4) years; provided, heweveF, that the initial
20 terms of tgymembers shall be e nre (1) ,rear, the initial terms of three (3) members
21 .
22
23 (c) Membership. Two (2) members, both of whom shall have extensive experience in
24 practice in the City of Virginia Beach, shall be either land planners or civil engineers or
25 architects licensed by the Virginia Board for Architects, Professional Engineers, Land
26 Surveyors, Certified Interior Designers and Landscape Architects, one (1) member shall
27 be a real estate salesperson or broker licensed by the Virginia Real Estate Board; one (1 )
28 member shall be a representative of a lending institution that finances residential
29 development in the City of Virginia Beach; ORe (1) member shall be a member of the pity
.....� shall v� v� the vny
30 seeRG+I; one (1) member shall be a builder with extensive experience in the construction
31 of single-family detached and attached dwelling units; one (1) member shall be builder
32 with extensive experience in the construction of multiple-family dwelling units; one (1)
33 member shall be a current employee of the department of public works or department of
34 planning; one (1) member shall be a representative of a nonprofit housing organization
35 which provides services in the City of Virginia Beach; and the remaining members shall
36 be citizens of the city.
37
38 (d) Duties. It shall be the duty of the board to:
39 (1) Establish the maximum sales and rental prices of workforce housing units.
40 Such prices shall be based on the area median income, as defined in section 16-
41 44, and shall be adjusted semi-annually; provided, however, that maximum rental
42 prices in excess of those established by the board shall be allowed if such prices
43 are consistent with the requirements of affordable housing funding sources and
44 are approved by the director.
45
46 (2) Advise the city council on all aspects of the city's workforce housing
47 program, including recommendations for modifications of the requirements of the
48 program; and
49
50 (3) Report annually to the city council on the production of workforce housing
51 units, participation in the workforce housing program, and achievement of program
52 goals.
53
54 (4) Advise the city manager and the city council regarding implementation of
55 strategies to address issues of housing affordability and neighborhood
56 preservation.
57
Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day
of March 2025.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
CA 16851
R-1
March 5, 2025
38
ITEM— VL13
ORDINANCES I RESOL UTION
ITEM#76 799
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT, Ordinance re Chair of the Military Economic Development Advisory Committee(Requested
by Military Economic Development Advisory Committee)
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
1 AN ORDINANCE REGARDING THE CHAIR OF THE
2 MILITARY ECONOMIC DEVELOPMENT ADVISORY
3 COMMITTEE
4
5 WHEREAS, the Military Economic Development Advisory Committee ("MEDAC")
6 consists of 18 members, and the resolution that established the committee provides that
7 the Chair of the Committee shall be a retired flag officer or general officer; and
8
9 WHEREAS, during their January 27, 2025, meeting, MEDAC members voted
10 unanimously to request that the City Council amend the criteria for the Chair to provide
11 that the Chair of the Committee be an 0-6 or above;
12
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15
16 That the Chair of the Military Economic Development Advisory Committee shall
17 be a retired 0-6 or above.
18
19 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day
20 of March 2025.
APPROVED AS TO LEGAL SUFFICIENCY.-
City Attorney's Office
CA 16825
R-2
February 28, 2025
39
ITEM— VL14
ORDINANCES I RESOL UTION
ITEM#76800
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED,BY
CONSENT, Ordinance to AMEND City Code Section 2-6 re membership of the Resort Advisory
Commission (Requested by Mayor Dyer, Vice Mayor Wilson, and Council Member Remick)
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
REQUESTED BY MAYOR DYER, VICE MAYOR WILSON AND
COUNCILMEMBER REMICK
1 AN ORDINANCE TO AMEND SECTION 2-6
2 OF THE CITY CODE PERTAINING TO THE
3 RESORT ADVISORY COMMISSION
4
5 SECTION AMENDED: § 2-6
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 2-6 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and reordained to read as follows:
12
13 Sec. 2-6. - Resort advisory commission.
14
15 (a) There is hereby created the resort advisory commission. The members of the
16 commission shall be appointed by the city council to serve terms of three (3) years. A
17 chair and a vice-chair shall be elected from the commission by its members. All
18 members shall be residents of the city.
19
20 (b) The governance and administration of the commission shall be in accordance
21 with its bylaws, incorporated by reference herein, which bylaws shall not be amended
22 without the prior approval of city council.
23
24 (c) The commission shall consist of at least eleven (11), but not more than twenty
25 (20), members. In selecting members of the commission, the city council shall appoint
26 at least one (1) representative from each of the following organizations: Virginia Beach
27 Hotel Association, Virginia Beach Restaurant Association.. ViBe Creative District, and
28 Virginia Beach Division of the Hampton Roads Chamber of Commerce. The
29 commission shall also include a resort retailer. The city council shall also appoint to the
30 commission at least three (3) design professionals having expertise in the fields of
31 architecture, urban design, land use planning, landscape architecture, transportation
32 planning, or other design fields relevant to the purposes for which the commission was
33 created. The city council also will appoint two high school students to one-near terms as
34 non-voting members of the commission beginning July 1st and ending June 30cn
35
36 In the event of a conflict between the provisions of this subsection and any other
37 ordinance or bylaw, the provisions of this subsection shall control.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 18 t h
day of March , 2025.
APPROVED AS TO LEGAL SUFFICIENCY
City Attorney's Office CA16858 R-1 March 12. 2025
40
ITEM— V.K.15
ORDINANCES/RESOL UTION
ITEM#76801
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT, Ordinance re membership of the Transition Area/Interfacility Traffic Area Citizens Advisory
Committee(Requested by City Council)
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
1 AN ORDINANCE PERTAINING TO THE MEMBERSHIP OF
2 THE TRANSITION AREA/INTERFACILITY TRAFFIC AREA
3 CITIZENS' ADVISORY COMMITTEE
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 That the Transition Area/Interfacility Traffic Area Citizens' Advisory Committee
9 shall be comprised of thirteen (13) persons, of whom one (1) shall be an ex officio
10 member appointed by virtue of their office as Planning Commission member
11 representing Election District 2; one (1) shall be a representative of the Virginia Beach
12 Development Authority; two (2) shall be student members; and the remaining members
13 shall be appointed from among the residents or business owners of the City who have
14 an interest in land use and related issues pertaining to the Transition Area and
15 Interfacility Traffic Area. The two student members shall be non-voting members and
16 shall not be counted when determining a quorum.
17
18 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 t h day of
19 March , 2025.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Off ic6l---�'
CA16852
R-2
March 6, 2025
41
ITEM— V K.16
ORDINANCES I RESOL UTION
ITEM#76802
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED,BY
CONSENT, Ordinance re membership of the Virginia Beach Cannabis Advisory Task Force(Requested
by City Council)
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
1 AN ORDINANCE PERTAINING TO THE MEMBERSHIP
2 OF THE VIRGINIA BEACH CANNABIS ADVISORY
3 TASK FORCE
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA.
7
8 That the Virginia Beach Cannabis Advisory Task Force shall consist of seventeen
9 members, including:
10
11 . A Resort Advisory Commission representative;
12 . A resort business professional;
13 . A commercial real estate professional;
14 . A healthcare professional;
15 . A Minority Business Council representative;
16 . Two cannabis industry representatives;
17 • A Planning Department representative;
18 . An Economic Development representative;
19 • A member from law enforcement;
20 • A civic league representative;
21 . A representative from Virginia Beach City Public Schools; and
22 • Five citizens from across the City.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 p t h day of
March 2025.
APPROVED AS TO LEGAL
SUFFICIENCY.-
City Attorney's Office
CA16828
R-2
March 7, 2025
42
ITEM— VL I
PLANNING ITEMS
ITEM#76803
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council APPROVED,AS
CONDITIONED,BY CONSENT,application of CHRISTOPHER TAYLOR for a Variance to Section 4.4
(b, d)of the Subdivision Regulations re subdivide the existing lot to create two(2)parcels for single-family
dwellings at 363 Congress Street DISTRICT 8
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
CHRISTOPHER TAYLOR for a Variance to Section 4.4 (b, d) of the
Subdivision Regulations re subdivide the existing lot to create two (2)
parcels for single-family dwellings at 363 Congress Street (GPIN:
1487885732) DISTRICT 8
The following conditions shall be required.•
1. When subdivided, the property shall be developed as shown on the submitted subdivision
exhibit entitled "Preliminary Subdivision Plat, Property of Christopher Taylor, I.N.
20141211001165390, Virginia Beach, Virginia"dated November 26, 2024, and prepared
by Tim Fallon Land Surveying, PLLC, a copy of which has been exhibited to the Virginia
Beach City Council and is on file with the Virginia Beach Department of Planning and
Community Development.
2. A private utility easementfor domestic water and gravity sanitary sewer access to the right
of way is required through and across Parcel CT-lA for the benefit of Parcel CT-2A.
3. Private access and maintenance easements must be established prior to or with the
recording of the final plat to allow for access via Congress Street and through the property
addressed as 656 Congress Street for each of the proposed lots.
This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18`"day of March Two Thousand
Twenty Five.
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
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636 Congress Street S
Building
Feet
0 2040 80 120 160 200 240
43
ITEM— V L.2
PLANNING ITEMS
ITEM#76804
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council APPROVED,AS
MODIFIED, AS CONDITIONED, AS AMENDED, application of BONNEY BRIGHT SAND
COMPANY/BONNEY G. BRIGHT for a Modification of Conditions to a Conditional Use Permit re
borrow pit at 200 Princess Anne Road DISTRICT 2
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
BONNEYBRIGHT SAND COMPANY/BONNEYG. BRIGHT for
a Modification of Conditions to a Conditional Use Permit re borrow
pit at 200 Princess Anne Road (GPINs: 2317621327, 2317709466,
2317723259, 2317612520, 2317603371)DISTRICT 3
The following conditions shall be required:
1. All previous conditions attached to the Modification of Conditions Permit approvals of
December 12, 2023, shall be voided and replaced with the following conditions below.
2. Activities on the site shall meet all the requirements identified by the Virginia Department
of Mines, Minerals and Energy. Additionally, the applicant shall renew their permit and
license with the Department of Mines, Minerals and Energy before October 21, 2023.
3. No excavation or restoration of the borrow pit expansion shall be allowed without first
obtaining any necessary permits from the appropriate Federal, State and Local agencies,
required as a result of the expansion of the existing borrow pit operation. In addition, the
applicant shall renew the Non-Metallic Mineral Mining General Permit from the
Department of Environmental Quality for the proposed expansion.
4. No excavation or restoration of the borrow pit shall commence until such time that a site
plan has been reviewed and approved by the Development Services Center. The site plan
must include a specific street and highway contingency plan that addresses the repair and
replacement of any damaged roadway surfaces associated with the borrow pit operation.
The site plan shall also detail the truck watering schedule currently utilized for the
abatement of the dust generated by this operation and must indicate the sequence of
construction for maintaining 3:1 side slopes on the borrow pit within sixty(60) days after
the excavation is complete.
5. No access to or from Pocahontas Club Road shall be permitted for the borrow pit
operation.
6. Operating hours shall be 7:00 a.m. to 7:00 p.m., Monday through Saturday.No operations
shall be permitted on Sunday.
7. No encroachment into existing easements will be allowed. Access to drainage easements
must be provided by the applicant over all the output systems within the site.
8. No encroachments into natural drainage channels shall be permitted.
March 18, 2025
44
ITEM— V L.2
PLANNING ITEMS
ITEM#76804
(Continued)
9. The existing buffer of pine trees along Princess Anne Road, the double row of Loblolly and
Virginia pine trees, an understory row of wax myrtle shrubs and the three to four foot-high
berm along Pocahontas Club Road used for screening and buffering shall remain
undisturbed.
10. A double row of seedling pine trees shall be planted along Princess Anne Road continuing
north from the existing trees that will be used as screening and buffering for the expansion
of the borrow pit. The required pine trees shall be installed and maintained at a height of
no less than thirty(30)feet.
11. Undrained pockets and stagnant pools resulting from surface drainage shall be sprayed in
accordance with requirements of the state board of health to eliminate breeding places for
mosquitos and other insects.
12. The one hundred(100)foot buffer between the cemetery in the southeast corner and the
excavation site must remain undisturbed.
13. The maximum depth of the proposed expansion shall not exceed an elevation of 25.00 feet
below ground surface from elevation 0.00 feet below ground surface. The applicant shall
not breach the confining layers regardless of depth.
14. Dewatering of the pit will be allowed, and the following are required:
a. A permit from the Virginia Water Control Board is required to discharge any
water from dewatering into a state waterway.
b. The operator of the borrow pit shall be responsible for continuous water
service for the private wells up to one thousand(1,000)feet from the borrow
pit operation and those within twenty-five hundred(2,500)feet if proved to be
affected by this operation.
15. All trucks and equipment used in conjunction with the borrow pit operation must be stored,
repaired, and fueled on the borrow pit site or on property zoned for such use.
16. To ensure the roadway to the site is kept clear at all times, the existing 25'x 100'stone
construction entrance shall be cleaned and restored to proper functioning condition and 2
new stone construction entrances, 25' x 75' each, shall be installed. All construction
entrances shall be adequately maintained to minimize the amount of debris and sediment
that is tracked into the public right-of-way. All haul trucks leaving the site shall cross one
of the 25' x 75' construction entrances prior to crossing the 25' x 100' construction
entrance and exiting the site, and a sign directing as such shall be erected in a conspicuous
location at the exit of the site.Any sand, dirt, and other debris within the right-of-way must
be promptly collected and disposed of and shall not be allowed to accumulate along the
side of the road or within any area of the public right-of-way.
March 18, 2025
45
ITEM— V.L.2
PLANNING ITEMS
ITEM#76804
(Continued)
17. The applicant and/or operator of the borrow pit shall provide sufficient information to
further the knowledge of the impacted subsurface geology by providing a Monitoring
Well/Bore Hole Installation Plan and to estimate existing and projected recharge of
dewatering operation discharge water. The applicant shall provide a Groundwater
Recharge Plan, which shall include all phases of the expansion, subject to the approval of
the Director of Public Utilities or designee.
18. The Groundwater Recharge Plan shall provide for the retention of water onsite to the
highest degree practical.As one means to achieve this, the flooding of depleted mine areas
shall be implemented to the maximum extent practical and outlined in detail in the
Groundwater Recharge Plan, accounting for all phases of expansion and reclamation. The
applicant and/or operator of the borrow pit shall provide a reliable quarterly report to the
Department of Public Utilities to include the analysis of the recharge system. This plan
shall contain the amount of water pumped from the borrow pit, the amount of groundwater
recharged on the site, the amount of water discharged to offsite surface water, the local
precipitation, and a detailed description of the way in which each of these volumes were
determined. The plan shall be subject to the approval of the Director of Public Utilities or
designee.
19. Testing shall be performed at each monitoring well a minimum of four times a year and
analytical results shall be provided to the Director of Public Utilities or designee. The
Director of Public Utilities or designee may reduce monitoringfrequency to annual testing
at each well.If, in the judgement of the Director of Public Utilities or designee,such results
indicate that saltwater intrusion is occurring to such extent that private drinking water
wells are threatened, the applicant shall cease dewatering of the borrow pit at the cost of
the borrow pit operator.
20. Extension of time for operations is ending in June 2030, to include restoration of the
property.
21. When mining is complete, the applicant shall redevelop the sides of the pit to a 3:1 slope
within six (6) months as depicted on the plan for the borrow pit entitled "Reclamation
Plan", dated October 3, 2007, revised September 10, 2009, revised July 1, 2021,prepared
by Gallup Surveyors and Engineers. Said plan has been exhibited to the City of Virginia
Beach City Council and is on file in the Planning Department.
22. The applicant shall provide quarterly reports from the test wells to include nitrate
readings. The reports shall be submitted to the Zoning Administrator for review by the
Water Resources Manager. Following the first year, frequency of the reports shall be
determined by the Water Resources Manager. Required frequency shall not exceed four
(4) reports per year.
March 18, 2025
46
ITEM- V L.2
PLANNING ITEMS
ITEM#76804
(Continued)
23. The applicant shall submit a site development plan in accordance with the Zoning
Ordinance,Article 2 C Section 227 Borrow Pits to the Development Services Center of the
Planning Department for review and approval prior to any excavation of the additional
areas depicted on the submitted site plan entitled "PROPOSED BORROW PIT
EXPANSION PLAN FOR BONNEY G. BRIGHT", dated October 3, 2007, revised
September 10, 2009, revised March 12, 2021,prepared by Gallup Surveyors&Engineers.
Said plan has been exhibited to the City of Virginia Beach City Council and is on file in
the Planning Department.
24. Trucks that haul material to and from the property shall not use Princess Anne Road as an
ingress and egress for the operation. All trucks in association with the mining operation
shall use the entrance in North Carolina to enter and exit the site. If the entrance from
Princess Anne Road is used to haul material than the following shall apply: the operator
shall install a left turn lane on Princess Anne Road into the borrow pit entrance, the
property owner shall dedicate as deemed necessary by City Staff any additional right-of-
way to accommodate the turn lane, the entrance from Princess Anne Road shall be paved
and the pavement shall extend fifty(50)feet back from the property line and then graveled
an additional fifty (50)feet, and an entrance plan shall be required subject to the review
and approval by Department of Public Works/Traffic Engineering.
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 March Two Thousand
Twenty Five.
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
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Building 0 22(440 880 1,320 1,760 2,200 2,640
47
ITEM— V L.3
PLANNING ITEMS
ITEM#76805
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council APPROVED,AS
MODIFIED, AS CONDITIONED, BY CONSENT, application of NEW JERUSALEM CHURCH/
NEW JERUSALEM HOLINESS CHURCH, NEW JERUSALEM CHURCH, NEW JERUSALEM
CHURCH OF GOD IN CHRIST for a Modification of Conditions to a Conditional Use Permit re religious
use at 118 Bishop Thoroughgood Avenue, 1063 Longstreet Avenue, undeveloped parcel North of 129
Hughes Avenue, and undeveloped parcel directly West of 1059 Longstreet Avenue DISTRICT 6
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
NEW JERUSALEM CHURCH / NEW JERUSALEM HOLINESS
CHURCH, NEW JERUSALEM CHURCH, NEW JERUSALEM
CHURCH OF GOD IN CHRIST for a Modification of Conditions to a
Conditional Use Permit re religious use at 118 Bishop Thoroughgood
Avenue, 1063 Longstreet Avenue, undeveloped parcel North of 129 Hughes
Avenue, and undeveloped parcel directly West of 1059 Longstreet Avenue
(GPINs: 2417535148, 2417537205, 2417538406, 2417538300)
DISTRICT 6
The following conditions shall be required:
1. All previous conditions attached to the previously approved Conditional Use Permits
approved on August 13, 1973, July 12, 1982, and August 6, 2006, shall remain in effect.
This Ordinance shall be effective in accordance with Section 107(fi of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18`h day of March Two Thousand
Twenty Five.
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
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Property Polygons 1063 Longstreet Avenue,
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Zoning undeveloped parcel north of 129 Hughes Avenue, and
Building undeveloped parcel directly west Feet
of 1059 Longstreet Avenue 0 1530 60 90 120 150 180
48
ITEM— V L.4
PLANNING ITEMS
ITEM#76806
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council APPROVED,AS
CONDITIONED,BY CONSENT,application of MERCER SYKES I SYKES REAL PROPERTIES LLC
for a Conditional Use Permit re open air market at 61410`"Street DISTRICT 5
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4
MERCER SYKESISYKES REAL PROPERTIES LLCfor a Conditional
Use Permit re open air market at 614 101" Street (GPIN.• 2427043068)
DISTRICT 5
The following conditions shall be required:
1. The site shall be developed in substantial conformance with the submitted site layout as
depicted in the graphic "loth Street(50'R/W)"as exhibited in the staff report on page 8
and prepared by the applicant,which has been exhibited to the Virginia Beach City Council
and is on file in the Department of Planning& Community Development.
2. The site shall be developed in substantial conformance with the submitted renderings as
depicted in the graphic exhibited in the staff report on page 8 and prepared by the applicant
Mercer Sykes, which has been exhibited to the Virginia Beach City Council and is on file
in the Department of Planning& Community Development.
3. A Landscape Plan shall be submitted to the Department of Planning & Community
Development/Development Service Center (DSC)for review and ultimate approval prior
to the issuance of a Certificate of Occupancy that shows the following:
a. Building foundations landscaping on the side of the enclosed portion of
the addition facing the 10th Street right-of-way. A minimum of fifty (50)
percent of any side of a building facing a public right-of-way shall be
planted. Plantings shall be placed adjacent to building sides or provided
in planters near building sides.
4. A Certificate of Occupancy shall be obtained from the City of Virginia Beach Permits &
Inspections Office prior to occupancy.
5. There shall be no less than one (1) trash receptacle per one thousand(1,000)feet of sales
area. All trash receptacles shall be emptied regularly so as not to overflow, and litter and
debris shall not be allowed to accumulate.
6. Merchandise, stalls or other materials shall not be stored outdoors while the use is not
open for business.
7. The proposed hours of operation shall be 10:00 a.m. to 6:00 p.m., Monday through
Saturday.
March 18, 2025
49
ITEM— V.L.4
PLANNING ITEMS
ITEM#76806
(Continued)
8. There shall be no amplified music associated with the Open-Air Market.
This Ordinance shall be effective in accordance with Section 107()q of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18`"day of March Two Thousand
Twenty Five.
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua E "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
Norfolk Avenue Norfolk Avenue
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Property Polygons 614 10th Street S
Zoning
Building =Feet
01530 60 90 120 150 180
50
ITEM— V.L.5
PLANNING ITEMS
ITEM#76807
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council APPROVED,
AS CONDITIONED, BY CONSENT, application of JEFFREY SMITH AND JENA CORNELL /
JENA NATALINE CORNELL & NIKOLAS EVANGELOS SAFOS for a Conditional Use Permit re
residential kennel at 216 Princess Anne Road DISTRICT 2
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
JEFFREY SMITH AND JENA CORNELL / JENA NATALINE
CORNELL & NIKOLAS EVANGELOS SAFOS for a Conditional Use
Permit re residential kennel at 216 Princess Anne Road (GPIN.-
2317545131) DISTRICT 2
The following conditions shall be required.•
1. The operation of this use shall be in substantial conformance with the submitted concept
plan entitled "Proposed Residential Kennel", dated February 12, 2025, as exhibited to the
City Council and on file with the Department of Planning& Community Development.
2. The operation of this use shall be in substantial conformance with the submitted elevation
plan entitled "Proposed Elevation", dated February 12, 2025, as exhibited to the City
Council and on file with the Department of Planning& Community Development.
3. The Conditional Use Permit shall be limited to a maximum of thirteen (13)adult dogs.
4. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a
weekly basis.
5. The applicant shall ensure that all dogs are properly vaccinated and immunized and are
licensed through the City of Virginia Beach.
6. There shall be no breeding of dogs on the site.
7. Day Care, Training, and Boarding services for dogs or other animals for monetary
consumption are not permitted on this site.
This Ordinance shall be effective in accordance with Section 107(/) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18'h day of March Two Thousand
Twenty Five.
March 18, 2025
51
ITEM— V.L.5
PLANNING ITEMS
ITEM#76807
(Continued)
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
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Zoning
Building Feet
01530 60 90 120 150 180
52
ITEM— V L.6
PLANNING ITEMS
ITEM#76808
Upon motion by Vice Mayor Wilson,seconded by Council Member Henley, City Council APPROVED,AS
CONDITIONED, BY CONSENT, application of GREEN CLEANAUTO WASH, LLC/BOOM INC.,
for a Conditional Use Permit re car wash facility at 1014 Independence Boulevard DISTRICT 9
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
GREEN CLEANA UTO WASH, LLC/BOOM INC.,for a Conditional
Use Permit re car wash facility at 1014 Independence Boulevard(GPIN:
1478550966) DISTRICT 9
The following conditions shall be required.•
1. The site shall be developed in substantial conformance with the submitted concept site and
landscaping plan entitled "Carwash Concept Virginia Beach, VA",prepared by Kimley-
Horn,and dated 11[strikethrough]13[end strikethroughJ2712025,which has been exhibited
to the Virginia Beach City Council and is on file with the Department of Planning &
Community Development.
2. The structure will be constructed in substantial conformance with the submitted elevation
entitled"Green Clean Express Auto Wash-]014 Independence Boulevard, Virginia Beach,
VA"prepared by SBA Studios, which has been exhibited to the Virginia Beach City Council
and is on file with the Department of Planning& Community Development. The proposed
structure shall be constructed of a similar type of material, color, and trim as the existing
structure.
3. The vacuum stations shall have an all-black assembly, including hoses, receptacles, black
posts, as depicted in the graphic "Vacuum Schematic and Elevation" as exhibited in the
staff report and prepared by the applicant, which has been exhibited to the Virginia Beach
City Council and is on file in the Department of Planning& Community Development.
4. Lights in the vacuum stations shall be turned off at the end of the business day.
5. All site lighting, including lighting on pay stations and vacuums, shall be white light; no
colored lighting is permitted.
6. Final design of the pay stations is subject to review and approval by the Planning Director
during site plan review.
7. No window or outdoor advertising banners, pennants, streamers, or other such visual
devices beyond those permitted by the City Zoning Ordinance shall be permitted on the
property.
March 18, 2025
53
ITEM— VL.6
PLANNING ITEMS
ITEM#76808
(Continued)
8. No water produced by activities at the facility lot shall be permitted to fall upon or drain
across public streets or sidewalks or adjacent properties.
9. All on-site signage shall meet the requirements of the City Zoning Ordinance. Any
freestanding signage shall be limited to one monument-style sign that shall be no taller
than eight feet in height and shall be constructed with a base to match the proposed
building in terms of color and material. There shall be no signs that contain or consist of
pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving
devices on the site or on the vehicles. There shall be no signs which are painted,pasted, or
attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to
walls or other signs.
10. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254
of the Zoning Ordinance, or as amended,shall be approved by the Department of Planning
and Community Development.
11. A fire hydrant is required to be located within 400 feet of the commercial structure.
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 181"day of March Two Thousand
Twenty Five.
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
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Property Polygons 1014 Independence Boulevard S
Zoning
Building Feet
0 2040 80 120 160 200 240
54
ITEM— V L.7
PLANNING ITEMS
ITEM#76809
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council APPROVED,
AS CONDITIONED,BY CONSENT, application of SHAINA HARTLESS/GREG J. ROGERS for a
Conditional Use Permit re assembly use at 4708 Tulip Drive, Suite 102 DISTRICT 9
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
SHAINA HARTLESS/GREG J.ROGERS for a Conditional Use Permit
re assembly use at 4708 Tulip Drive, Suite 102 (GPIN: 1487885732)
DISTRICT 9
The following conditions shall be required:
1. A business license for the Assembly Use shall not be issued to the applicant without the
approval of the Health Department to ensure consistency with the provision of Chapter 23
of the City Code.
2. The applicant shall obtain all necessary permits and inspections from the Planning
Department/Permits and Inspections Division. The applicant shall secure a Certificate of
Occupancy from the Building Official's Office for use of the existing building as an
Assembly Use.
3. The maximum occupancy load shall not exceed the maximum number as required by
applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire
Marshal.
4. The Assembly Use shall comply with all applicable Fire and Building code requirements.
5. Any on-site signage for the establishment shall meet the requirements of the City Zoning
Ordinance, and there shall be no neon, electronic display or similar sign installed on the
exterior of the building or in any window, or on the doors.A separate sign permit shall be
obtained from the Planning Department for the installation of new signs.
6. All event activities shall occur within the building. Outdoor events shall be prohibited
unless specifically permitted with a Special Event Permit.
7. No amplification of music or use of speakers shall be permitted except within the enclosed
building.
8. Hours of operation for full occupancy events shall be limited to 5:00 p.in. to 11:00 p.in.,
Monday through Friday, and 9:00 a.m. to 11:00 p.m. on Saturday and Sunday. Monday
through Friday, when the other suites are open for business, events will be limited to fifty
(50)people, or as determined by the Fire Marshal, whichever is less.
March 18, 2025
SS
ITEM— VL.7
PLANNING ITEMS
ITEM#76809
(Continued)
9. This Conditional Use Permitfor an Assembly Use for property located at 4708 Tulip Drive,
Suite 102 shall obtain administrative approval from the Planning Director after five (5)
years from the date of City Council approval to ensure compliance with the Parking Study
that was approved by the Zoning Administrator on January 22, 2025.
This Ordinance shall be effective in accordance with Section 107(fi of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18'h day of March Two Thousand
Twenty Five.
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
B2 B2
0
B240
B-2
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R10 R-10 132 B2
R-10 O.2 02 02
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N
® site Shaina Hartless W E
Property Polygons 4708 Tulip Drive, Suite 102 s
® Zoning
Building mmmmcz=Feet
0 1530 60 90 120 150 180
56
ITEM— V L.8
PLANNING ITEMS
ITEM#76810
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council APPROVED,
AS CONDITIONED, BY CONSENT, application of JUSTIN M & CANDACE S HOWARD for a
Conditional Use Permit re short term rental at 933 Pacific Avenue, Unit C DISTRICT 5
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4
JUSTIN M& CANDACE S HOWARD for a Conditional Use Permit re
short term rental at 933 Pacific Avenue, Unit C(GPIN.-24272444111210)
DISTRICT 5
The following conditions shall be required:
L The following conditions shall only apply to the dwelling unit addressed as 933 Pacific
Avenue, Unit C, and the Short-Term Rental use shall only occur in the principal structure.
2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning
and Community Development(Zoning Administration)before using the dwellingfor Short-
Term Rental purposes.
3. The dwelling unit shall comply with all required Fire and Building code requirements.
4. Off-street parking shall be provided as required by Section 2 41.2 and 2 3 03(b)(a)(i)(ii) of
the City Zoning Ordinance or as approved by City Council.
5. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notes the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing, zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight(number of bedrooms times two (2)) on
the property where the Short Term Rental is located. This Short Term Rental may not
request or obtain a Special Event Permit under City Code Section 4-1.
7. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes and to be physical present at the Short Term Rental within one
(1) hour.
March 18, 2025
57
ITEM— V L.8
PLANNING ITEMS
ITEM#76810
(Continued)
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements `a'through `c'below. This information must be
submitted to the Planning Department for review and approval. This shall be done within
six(6) months of the property real estate transaction closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning Permit; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
P-Million.
9. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 Tres on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short-Term Rentals.
13. No signage shall be on-site, except that each short-term rental shall have one (1)four-
square foot sign posted on the building, or other permanent structure or location approved
by the Zoning Administrator, that identifies the property as a short-term rental and
provides the telephone numbers for the Short Term Rental Hotlines in text large enough to
be read from the public street.
14. The Short-Term Rental shall have no more than one(1)rental contract for every seven (7)
consecutive days.
15. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least U-Million underwritten by insurers
acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
March 18, 2025
58
ITEM— V.L.8
PLANNING ITEMS
ITEM#76810
(Continued)
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not
include minors under the age of 16, provided that in no case may the total number of
persons staying overnight at the property exceed the number of approved bedrooms
multiplied by three (3).
18. The property owner, or their representative,shall provide to the City Planning Department
permission to inspect the Short Term Rental property annually. Such inspection shall
include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen)
and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in
accordance with the building code in effect at the of construction and interconnected. Units
constructed prior to interconnection requirements must have a minimum of one smoke
alarm installed on every floor of the structure and in the areas adjacent to all sleeping
rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and
carbon monoxide detectors have been inspected within the last twelve months and are in
good working order.
a. Properties managed by Short Term Rental Companies certified by the
Department of Planning shall only be required to be inspected every three
years. The inspection for compliance with the requirements above shall be
performed by the short term rental management company and be documented
on a form prescribed by the Planning Department and shall be provided
during the yearly permitting process.
b. Properties may be inspected annually for compliance with the requirements
above by certified Short Term Rental Management Companies or Certified
Home Inspectors. The compliance inspection shall be documented on a form
prescribed by the Planning Department and shall be provided during the
yearly permit process.
19. A structural safety inspection report shall be provided to the city every three (3) years
indicating all exterior stairways, decks,porches, and balconies have been inspected by a
licensed design professional qualified to perform such inspection (engineer or architect)
and are safe for use. The report must indicate the maximum number of occupants permitted
on each level of these structures and placards indicating the maximum number of
occupants of all exterior stairways, decks,porches, and balconies must be posted on each
level of these structures.
March 18, 2025
59
ITEM— i!L.8
PLANNING ITEMS
ITEM#76810
(Continued)
This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18`"day of March Two
Thousand Twenty Five.
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
�p1
h street
OR
L
0110
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Stfeet
No
rfolk Avenue 9th
RT3
c�
RK
M
N
Site
Property Polygons Justin M & Candace S Howard
Zoning 933 Pacific Ave, Unit C S
Building
Feet
0 2040 80 120 160 200 240
60
ITEM— VL.9
PLANNING ITEMS
ITEM#76811
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council APPROVED,
AS CONDITIONED, BY CONSENT, application of JD ENTERPRISES VA, DBA ATLANTIC
RENTAL HOMES/DANIEL J DAVIS& JUSTIN R TAYLOR for a Conditional Use Permit re short
term rental at 931 Pacific Avenue Unit A DISTRICT 5
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4
JD ENTERPRISES VA,DBA ATLANTIC RENTAL HOMES/DANIEL
J DAVIS& JUSTIN R TAYLOR for a Conditional Use Permit re short
term rental at 931 Pacific Avenue Unit A (GPIN: 24272444111190)
DISTRICT 5
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 931 Pacific
Avenue, Unit A, and the Short-Term Rental use shall only occur in the principal structure.
2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning
and Community Development(Zoning Administration)before using the dwelling for Short-
Term Rental purposes.
3. The dwelling unit shall comply with all required Fire and Building code requirements.
4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of
the City Zoning Ordinance or as approved by City Council.
5. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notes the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing, zoning,fire or other similar codes.
6. No events associated with the Short-Term Rental shall be permitted with more than the
allowed number of people who may stay overnight(number of bedrooms times two (2))on
the property where the Short Term Rental is located. This Short-Term Rental may not
request or obtain a Special Event Permit under City Code Section 4-1.
7. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes and to be physical present at the Short Term Rental within one
(1) hour.
March 18, 2025
61
ITEM— V L.9
PLANNING ITEMS
ITEM#76811
(Continued)
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements `a'through 'c'below. This information must be
submitted to the Planning Department for review and approval. This shall be done within
six(6) months of the property real estate transaction closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning Permit; and
b. Copies of the Commissioner of Revenue's Office receipt of registration;
and
c. Proof of liability insurance applicable to the rental activity of at least
$I-Million. ,
9. To the extent permitted by state law, each Short-Term Rental must maintain registration with
the Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by the
Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-
28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any
approved parking plan.
H. All refuse shall be placed in automated refuse receptacles, where provided, and comply with
the requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short-Term Rentals.
13. No signage shall be on-site, except that each short-term rental shall have one (I)four-square
foot sign posted on the building, or other permanent structure or location approved by the
Zoning Administrator, that identifies the property as a short-term rental and provides the
telephone numbers for the Short-Term Rental Hotlines in text large enough to be read from the
public street.
14. The Short-Term Rental shall have no more than one (1) rental contract for every seven (7)
consecutive days.
15. The owner or operator shall provide proofofliability insurance applicable to the rental activity
at registration and renewal of at least$1-Million underwritten by insurers acceptable to the
City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
March 18, 2025
62
ITEM— V.L.9
PLANNING ITEMS
ITEM#76811
(Continued)
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not
include minors under the age of 16,provided that in no case may the total number of persons
staying overnight at the property exceed the number of approved bedrooms multiplied by three
(3).
18. The property owner, or their representative, shall provide to the City Planning Department
permission to inspect the Short-Term Rental property annually. Such inspection shall include:
1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain
sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the
building code in effect at the of construction and interconnected. Units constructed prior to
interconnection requirements must have a minimum of one smoke alarm installed on every
floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be
audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have
been inspected within the last twelve months and are in good working order.
a. Properties managed by Short Term Rental Companies certified by the
Department of Planning shall only be required to be inspected every three
years. The inspection for compliance with the requirements above shall be
performed by the short-term rental management company and be documented
on a form prescribed by the Planning Department and shall be provided
during the yearly permitting process.
b. Properties may be inspected annually for compliance with the requirements
above by certified Short Term Rental Management Companies or Certified
Home Inspectors. The compliance inspection shall be documented on a form
prescribed by the Planning Department and shall be provided during the
yearly permit process.
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.
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 19h day ofMarch Two Thousand
Twenty Five.
March 18, 2025
63
ITEM— V L.9
PLANNING ITEMS
ITEM#76811
(Continued)
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
OR
Street-r
14�h
OR I i
G
CID
CD
c�
Noitoj th Street
k AvenUe g 0
RT3 --
RT3
Of
R51
c�
N
Site
W �E
Property Polygons JD Enterprise VA, DBA Atlantic Rental Homes
Zoning 931 Pacific Ave, Unit A S
Building
Feet
0 2040 80 120 160 200 240
64
ITEM— V L.10
PLANNING ITEMS
ITEM#76812
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council APPROVED,
AS CONDITIONED, BY CONSENT, application of JD ENTERPRISES VA, DBA ATLANTIC
RENTAL HOMES/LEI XU for a Conditional Use Permit re short term rental at 931 Pacific Avenue,
Unit B DISTRICT 5
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4
JD ENTERPRISES VA,DBA ATLANTIC RENTAL HOMES/LEI XU
for a Conditional Use Permit re short term rental at 931 Pacific Avenue,
Unit B(GPIN: 24272444111195)DISTRICT 5
The following conditions shall be required:
L The following conditions shall only apply to the dwelling unit addressed as 931 Pacific
Avenue, Unit B, and the Short Term Rental use shall only occur in the principal structure.
2. An annual(yearly)SIR Zoning Permit must be obtained from the Department of Planning
and Community Development(Zoning Administration)before using the dwellingfor Short-
Term Rental purposes.
3. The dwelling unit shall comply with all required Fire and Building code requirements.
4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of
the City Zoning Ordinance or as approved by City Council.
5. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall note the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing, zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight(number of bedrooms times two (2)) on
the property where the Short Term Rental is located. This Short Term Rental may not
request or obtain a Special Event Permit under City Code Section 4-1.
7. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes and to be physical present at the Short Term Rental within one
(1) hour.
March 18, 2025
65
ITEM— V L.10
PLANNING ITEMS
ITEM#76812
(Continued)
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through 'c' below. This information must be
submitted to the Planning Department for review and approval. This shall be done within
six(6) months of the property real estate transaction closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning Permit;and
b. Copies of the Commissioner of Revenue's Office receipt of registration;
and
c. Proof of liability insurance applicable to the rental activity of at
least I-Million.
9. To the extent permitted by state law, each Short-Term Rental must maintain registration with the
Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the
requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rentals.
13. No signage shall be on-site, except that each short term rental shall have one (1)four-
square foot sign posted on the building, or other permanent structure or location approved
by the Zoning Administrator,that identifies the property as a short term rental and provides
the telephone numbers for the Short Term Rental Hotlines in text large enough to be read
from the public street.
14. The Short-Term Rental shall have no more than one(1)rental contract for every seven(7)
consecutive days.
15. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least S1-Million underwritten by insurers
acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
March 18, 2025
66
ITEM- V L.10
PLANNING ITEMS
ITEM#76812
(Continued)
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not
include minors under the age of 16, provided that in no case may the total number of
persons staying overnight at the property exceed the number of approved bedrooms
multiplied by three (3).
18. The property owner, or their representative,shall provide to the City Planning Department
permission to inspect the Short Term Rental property annually. Such inspection shall
include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen)
and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in
accordance with the building code in effect at the of construction and interconnected. Units
constructed prior to interconnection requirements must have a minimum of one smoke
alarm installed on every floor of the structure and in the areas adjacent to all sleeping
rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and
carbon monoxide detectors have been inspected within the last twelve months and are in
good working order.
a. Properties managed by Short Term Rental Companies certified by the
Department of Planning shall only be required to be inspected every three
years. The inspection for compliance with the requirements above shall be
performed by the short-term rental management company and be documented
on a form prescribed by the Planning Department and shall be provided
during the yearly permitting process.
b. Properties may be inspected annually for compliance with the requirements
above by certified Short Term Rental Management Companies or Certified
Home Inspectors. The compliance inspection shall be documented on a form
prescribed by the Planning Department and shall be provided during the
yearly permit process.
19. A structural safety inspection report shall be provided to the city every three (3) years
indicating all exterior stairways, decks,porches, and balconies have been inspected by a
licensed design professional qualified to perform such inspection (engineer or architect)
and are safe for use. The report must indicate the maximum number of occupants permitted
on each level of these structures and placards indicating the maximum number of
occupants of all exterior stairways, decks,porches, and balconies must be posted on each
level of these structures.
March 18, 2025
67
ITEM— V L.10
PLANNING ITEMS
ITEM#76812
(Continued)
This Ordinance shall be effective in accordance with Section 107(fi of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18'h day of March Two
Thousand Twenty Five.
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
1
OR
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C
I
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OR 0013
OR �
oo
c� co
c�
Norf -- st fee
o►k Avenue gt
RT3
c�
R5-
c�
N
Site
Property Polygons
JD Enterprise VA, DBA Atlantic Rental Homes W E
Zoning 931 Pacific Ave, Unit B S
Building
Feet
0 2040 80 120 160 200 240
68
ITEM— V M
APPOINTMENTS
ITEM#76813
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BAYFRONT ADVISORY COMMISSION
BOARD OF ZONING APPEALS
CLEAN COMMUNITY COMMISSION
COMMUNITY POLICY&MANAGEMENT TEAM
DEVELOPMENT A UTHORITY
HEALTH SERVICES ADVISOR YBOARD
HOUSING ADVISORY BOARD
HUMAN RIGHTS COMMISSION
INDEPENDENT CITIZEN REVIEW BOARD
PROCESS IMPROVEMENT STEERING COMMITTEE
VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE
March 18, 2025
69
ITEM— V M
APPOINTMENTS
ITEM#76814
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
STEPHANIE MOODY
Three year term 41112025-313112028
HEALTH SERVICES ADVISORY BOARD
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent.-
David Hutcheson
March 18, 2025
70
ITEM— V M
APPOINTMENTS
ITEM#76815
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
BURL SELF
JEFFREYPIERCE
(Licensed Architect)
Three year term 311812025-313112028
HISTORICAL REVIEW BOARD
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
71
ITEM— V.M
APPOINTMENTS
ITEM#76816
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
BEA TRIZ AMBERMAN
Three year term 41112025-313112028
HUMAN RIGHTS COMMISSION
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
7?
ITEM— V.M
APPOINTMENTS
ITEM#76817
Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED:
MICHAEL KELLY
ANNABELLE PAFFRATH
Three year term 51112025-413 012 028
INDEPENDENT CITIZEN REVIEW BOARD
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
73
ITEM— V M
APPOINTMENTS
ITEM#76818
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
TANGELA GREEN
Unexpired term thru 813112026
OPEN SPACE ADVISORY COMMITTEE
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
74
ITEM— V.M
APPOINTMENTS
ITEM#76819
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED CITY COUNCIL LIAISONS:
JENNIFER ROUSE
ACTIVE TRANSPORTATIONADVISORY COMMITTEE
ROBERT"WORTH"REMICK AND DR.AMELL4 ROSS-HAMMOND
ADVERTISING ADVISORY COMMITTEE
STACY CUMMINGS AND JOASHUA "JOASH"SCHULMAN
A UDIT COMMITTEE
STACY CUMMINGS AND JOASHUA "JOASH"SCHULMAN
BAYFRONT ADVISORY COMMISSION
CAL "CASH"JACKSON-GREEN
COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE
DAVID HUTCHESON
DEFERRED COMPENSATION BOARD
BARBARA M. HENLEYAND JOASHUA "JOASH"SCHULMAN
GREEN RIBBON COMMITTEE
CAL "CASH"JACKSON-GREEN
HOUSING ADVISORY BOARD
BARBARA M. HENLEY
TRANSITIONAREAIINTERFACILITY TRAFFIC AREA CITIZEN'SADVISORYCOMMITTEE
MICHAEL F. BERL UCCHI
VIRGINL4 BEACH CANNABIS ADVISORY TASK FORCE
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M.
Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.
Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary
Wilson
Council Members Absent:
David Hutcheson
March 18, 2025
75
ADJOURNMENT
ITEM#76820
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSIONADJOURNED at 6.30 P.M.
Terri H. Chelius Robert M. Dyer
Chief Deputy City Clerk Mayor
City of Virginia Beach
Virginia
March 18, 2025