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MAY 20, 2025 FORMAL SESSION MINUTES
lNIA'BE,1 S, OVR NA"o I VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Virginia MAY20,2025 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday,May 20, 2025, at 1:30 P.M. Council Members Present: Michael F. Berlucchi, Stacy Cummings,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr.Amelia N. Ross- Hammond, Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse—Arrived at 1:49 P.M. 2 CITY COUNCIL IS BRIEFING R UDEE LOOP PARK DESIGN OPTIONS ITEM#77112 1:31 P.M. Mayor Dyer welcomed Michael Kirschman,Director—Parks and Recreation and Clay Dills, Owner—Dills Architects. Mr. Kirschman expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Mr. Kirschman and Mr. Dills for the presentation. May 20, 2025 Y c � r z � • _es ' �Tt T dt 4 r• MASTER PLANT City Council Briefing May 20, 2025 Dills Architects AGENDA Engagement, Design Goals, & Process Park Master Plan & Design Features t ff 1. Park Economics & Operations Opinion of Probable Cost Cost Participation Opportunities . : w z Next Steps r ,« VS 2 ENGAGEMENT 8 city-wide community ` Y� events in all Districts fi ... Surveys & Digital +Y �► 10 Presence = �+ Connected to over 14,110 People _ w 58,510 Data Points � � r -1 3,372 Comments 98%POSITIVE SUPPORT 3 TAKEAWAYS Natural Ecology rOt -n�� • :: e Active & Passive Uses 4, Naturalized Built Elements a , Connect to Water & Views Authentic to the Culture of Virginia Beach IYin+�••, r IMMERSIVE& NATURAL -c F � J • -� '"• � +� 'III _ ��"`'``� iG�. ,y Y 111 A PROCESS DESIGN GoL ,ar / tea;• .�:-, y ':. _ . t� 0 o- d i ' _ ` 4�"' Yam• _ �"`1 VS `V " Bring nature back to Rudee Loop and connect the City to the authentic culture of Virginia Beach with a world � 't � class oceanfront destination designed for generations to come" ,. ( f� `•"','•�� . 111 �.- �►s • ' � 'F �. >I�• owl LAKE WESLEY THE JETTY sr ,�:� "'''''r. ••` _ RUDEE INLET • ti y RUDEE PARKLAKE RUDEE r t 1 Ti w ov 77 I , V R r � r �!.►�� 1 1 EMBRACE ALL SIDES OF THE PARK \, VIRGINIA BEACH BOARDWALK BEACH ATLANTICAVE .� Y INLET CHANNEL VB 8 FINAL • • WHAT PEOPLE LIKED: I r--- - - -- ' • Elevated walkway with views Flexible lawns Scattered play pockets THE TIDAL i I - - Beach village ." Water plaza&steps to the water _ f Natural,exploratory play Sunset lawn under the bridge Angled parking garage i 'ems FINAL CONCEPT THE DUNEWALK li a,.m.. r..I I r� l i 11 _ � ��t_. ' � •, � i Coastal,natural look and feel 4'a Community lawn -- — f;� Shade structures 9 ....,,�,�.. ' -d':.Pair + � r" 'R•y�. �• � t'r• V,� V . .s'A� ..� � VIRGINIA-BEACH B_O_ARD_WA_LK -- " • t� >- ♦ ; ' `'�' ... to . �.i�,T ATLANTIC AVE — -- _ — _ — ■ r _ r I ■ I / 90311 In r E Y rF r!— rW r� , e VIRGINIA BEACH BOARDWALK , ' r OF ONLINE RESPONSES IMMERSEDPATHS IN NATURAL SETTINGS BEACH j r VILLAGE (( --—--———ATLANTICAVE ———— ————————————— — -- ------ r ------ -� r OF ONLINE RESPONDENTS PREFERRED • ' COMMUNITY , 1 LAWN • ONLINE ` RESPONSES STEPS DOWN TOWARD 88%OF ONLINE RESPONDENTS WANTED THE WATER THE SHARED USE PATH TO WEAVE IN AND OUT(90`, WANTED ALONG THE WATER) r SUNSET FPS VB TRAIL .� LAWN 880o OF ONLINE RESPONSES SEPARATEDWANTED FISHING AREAS 110,0000,00000 FROM OTHER UNLOCKING OCEAN VIEWS WAVE p OVERLOOK •"o OF ONLINE RESPONSES LIKED THE IDEA OF AN ELEVATED WALKWAY OCEAN ' OVERLOOK k tea. PARK GARAGE " .a OVERLOOK L----- VIEW or [ & Y 12 r^ ._,.0 �ya•:,1 - � 'fir *. mom y R s „gy' p !. f 4M:. • • 0 E0141 • ' rr CZ r ' r r , r 0 r P40. II e Fw •1 1. a ✓�17" J�f uy1 �/ � r y r f , r r �T SUNSET LAWN r .r+ COMMUNITY LAWN F ,r ti f INLET STEPS '_° � - •< r � ' WATER PLAZA BEACH VILLAGE SHARED USE PATH _ ;. i_• _fit, . , 3 } ..�� i� fY• '��r��� FISHING $ T �'ti ' ' •. JETTY WALK .m tA,A .- y � M tomTHE _ �.. tl� tlll� tom•t� BEACH . , ,.. Ir - 461 . ,. AAR VIRG1141A BEACH BOARDWALK ; • , .• ' 1 t ��I�!I i' I �'�' C� � I i 1 .. ,~ it/-\' I r• 1 1 /ICI I I J � I 1 11 wY ♦ ♦• y • , 1 ;;'' 1 i I 1 N J 1 1 1 " I I p BEACH.,. Q• ;' :;VILLAGE', F I W - 1 , ® o" _ cr ♦, -. ' 1 h 4 J. IA , t 0 11 , .• • •. . . 1 xx� " ME* r 16 • t, 4, y�r I Will f � f I.A _ y1 f � L L ; m 4� t BEACH � 7— � Iq r s I'. a ' r n r , r W T I E fr ( � i �� h 1 i� } 9 °IN E ' � Y` � - I ,. , � ,. .__.., _. �-_-, _-_-.._�-___.-_..� d.�� s- i i_= F I' t,_ L` �q ."� } �, -� �,� �°!.� i -_�. r�j� � i k_= I u - , __ �� �.' 4� l i -. �` �, ` �` �= '� n . ..m e J, It r� �,`•_ t»t a _ r r .. t3' P t — " �� �}�! � a �', �1 .t�' ice"\ �•• ..�' ' �� _.�mw...._ __—.. /1 !"�.. ,.of :^• i d r . . Emil In ,F ' • i 4 •=' may. -.�� , r u _ m ------------ ��r 1 IN 5 5 ti � 5 5 ►A ai N wii �°6°Sol N��°Oh :.- `"--_'------�---��.._ --�"�.. t �`--�—;..—•.w.�. __-_....._.--..—_ -i�.i Yn,,,r "..�... N 11♦♦ap 1�0 rT+... �1 �kN.. �'�----� _.. 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A.ca j, � ; 4��,� r� .�.i��__ Ir - - ,`K k k "'� t '�. a,'4 r v t 1 . � '�7*' •.. - fit 10 > all �W4 Ow 44 �r = C �?l ,n, z?n„ ;� �a a � .� `a ,4,. m`rr s . •�. r v., f i �p Fr'�� j '•f => 1 _ � _a-� � +� it-' s.�" .� 7 "'���• J4� � .nT t. 4Z i . �-..�'� .,�.'� y,r ,.; � �<�.�� ��•;"�� t`'S, � arr- �• �,k � �fl t,s., i:,I,.i^��S�i'MC -�, �ir �rF`, IL Imam r k�Z'• rya 4i� ,t' 4; � y1 ` r t' 'ifY..r .�', r `a 9�ms AIR • �. �. '� ��; ��'r ` y.�/N ., �� f ,.�� "`" � _ ..ry i r , ';?trig � a 'q:�ea5i,2 '� _ � ,�.y.,Ir�,,• .,, y .. R �'ArP .. ��os_• vti racy rwir .�„°�pci•r r ice^���.�.�t,!\ . 1 „near ''•.�! _ C 'r �',` a \* y ` � •S/�f.-�,':•. _ � bti r - � � �.. �• �, �`;is , ► �! � � �. '�_ \ .-,�� fL�•. • - - .� �� �. ,.. Y' v'is•, 4F�. - i. 'YID /��•�� ` � �� � .. - t• n b�„ _-iN. �'i_'.' 1r y.►p' .rP .�r ` `� 'y+{;,^S�, '"'�1 Y. T-., `$ •i� �X.5 ,p, ,,�•...� �I, '7A`, _; ��> :r R � L �l+.Rua `h �4 •y ``•I i� • • • • q: p, 1 Ar ,,x a �� v`'r�� +�`� ,�S�' Y`� ,. � J.•;: • AV T•Y tx.. �'"O �� '� y': 1 -e. �h i��t �� � G ���5 �'-`e '. F \ \ l.^.. � ~~r•'- , t� � �� } .�ttT EVENT PAVILION SHARED USE PATHpse X AK .•.:ad I�i •',��1/� �,. �� � +41A� � .!' 'a �,� • P�K 1 ' C _ '� �,��1iX*E II,iF' 1�`` �R\ - _ r �g �PICNICTABLES ANN& 7'2of- t -yam sm C " ¢ �� NATIVE PLANTING 1 Y ' f , e� f 1�1• ;r � v , s AF PUBLIC ART �. COMMUNITY LAWN �f JETTY WALK EVENT PAVILION BEACH VILLAGE „� { WATER PLAZA r•.; `y�+�� µ AM z v., SUNSETLAWN r , low i ..y 1 FISHING - .•ems— w ... NATURE PLAY =• 'wyY a@; vA* FISHING INLET STEPS - 37 1 t 4 b 114 -: � y OCEAN GATEWAY OVERLOOK y r a a x i 1. ATLANTIC AVENUE ENTRY PLAZA PARK PAVILION / PUBLIC ART ►. + ' w� WATER PLAZA OCEAN GATEWAY . PICNIC GROVE • r 1 k r ° SHARED USE PATH INLET STEPS R " 39 f� ,I - .� `.�„_• - `.� Fit• ♦ 1� I n ' Y 1 r LL�1 _.s �� -�i��.-►_.� sue. ��, .,.. .. .., r♦. . - � i �,i. r ♦�* ♦ r+ INLET OVERLOOK & NATURE PLAY ' `, PARKPAV"'°" SHARED USE PATH .� `,• ak :i' ! � NATURE PLAY �. .-� SUNSET LAWN Tikz _.•_ ,FISHING INLET OVERLOOK SHARED USE PATH20 t ' ` V13 41 Ir PARKING STRUCTURE, RETAIL, ROOF TERRACES -'J " PARKING STRUCTURE _,..---^,.���� P'"� '„+.red,w w �" �,.-7A pj �;f ` •Mb t �Q, r SHARED USE PATH � r SUNSET LAWNdo ' ,,• { i� (i COMMUNITY LAWN NATURE PLAY 44 r PARK PAVILION 42 ILL { PARKING OPTIONS WITH PARKING GARAGE WITH SURFACE PARKING 530 SPACES (350 STRUCTURED) 360 SPACES dr op ..�+i ...,.a..• - -` �er .¢i r---tisT_ ;�i+ _ - --- v.. .-- -_'- �-. —ter a t:a:,i2� �. / , �,' •ter i y Ii° CURRENT CITY OWNED SPACES:435 ' ✓ ``�' • CURRENT LEASED SPACES:91 '^ ' A _ r �41 + K*y" t.. r \ 1R PARK ECONOMICS & _ OPERATIONS s • u t C'' k •i 1� ' 4•Y� �m 9 9^ PARK INFLUENCE ON ECONOMIC GROWTH Klyde Warren Park Levy Park LeBauer Park Dallas, TX Houston, TX Greensboro, NC • Field Street District coming in 2027, • 2811 Kirby Drive $171 million new • Carroll Companies to develop a $210 $1 billion mixed-use development. mixed-use development set to open million mixed-use development. 2027. • Rents doubled at the Uptown • AZ Development to develop a Buildings by 2016. ■ The RO, Condo/Hotel and retail surface parking lot into a mixed-use r�• village, broke ground in 2024 and set development. • PwC Tower built in 2018, $300 to open 2027. million development. r PROGRAMMING & REVENUE ($1 .5=2M/yr) Events & Series Food & Beverage Rental & Activation Concerts, Movie nights 3-4 Locations Event Pavilion Farmers Market Kiosks, Restaurant Parties, Corporate events Winter Village Vendor Events Daily use - Yoga, Education, Games Aft 71 Al 41 - .. ear,, ��" ` •�. `i +� +—� �!�" .r M r `� � � ��• �l .riir-.. •' ,, ..: eA.::... "�, :...a��i` h `•d'4ifx.^ � w�l rr - �.. �.. arc - ` • ', �' r,} '�� 1f o .t .yl ..'1r_ -�' l.. "x r r ' I _ �` a 46 VISITATION & OPERATIONS ($1 .5M/yr) - - - •2 =3 MILLION . Diversity of . Programming ANNUAL VISITORS .a w Promotion, Logistics, Equipment & Staff � 1 lop OWN,- OMIN [oil 1";1$],'111 FM M Peak Hours Population Study • hti•slr y PARK GOVERNANCE Operating & Maintaining a World Class Park Safe, Secure, Well maintained, and Vibrant Year-round LESS EFFECTIVE MORE EFFECTIVE PPP_ 1110. PRIVATE/ NON- PRIVATE/NON- PRIVATE CONTRIBUTING OPERATING HYBRID JOINT PROFIT PROFIT OWNERSHIP FRIENDS GROUP FRIENDS GROUP OPERATION MANAGEMENT MANAGEMENT MANAGEMENT & FUNDING & FUNDING 1 FRIENDS '-'-� t�tstic rARnrx ' I � TYPICALLY NO INDIVIDUAL OPERATING LICENSE TO LONG-TERM LEASE ' PRIVATE OWNERSHIP, FORMAL AGREEMENTS FOR OPERATE FROM REVENUE SHARE ON AND PRIVATE AGREEMENT I FACILITIES,EVENTS, ' THE CITY. I EVENTS AND ' MANAGEMENT I MANAGEMENT. WITH THE CITY. ' AND CONCESSIONS. CONCESSIONS. AGREEMENT WITH THE CITY. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 - - - - - VS 48 - , ) e 7 " • Wy � i.,,—,�+:-�' � � ., �...�.'+1. <'Y,J �,° f�� e�"� ����t 4J=�^Yl'ia•�;:V '�+ ,.v, , 3OPINION OF PROBABLE COST v� ,Paz• - i R j1 • v is �a MR41' n n VS 49 PARK WITH PARKING GARAGE PARKING GARAGE $22,600,000 (includes 350 spaces and an allowance for retail & rooftop) PARK CONSTRUCTION $309332,000 (includes roadway and park) CONTINGENCY $592939200 (10% of construction at 15% design) M ESCALATION $592939200 (10% of construction, 2026/2027) 1 FULL TIME 3RD PARTY CITY INSPECTOR $194409000 (construction phase on-site field office) SOFT COSTS $495009000 (design & construction phase fees & services) FURNITURE, FIXTURES AND EQUIPMENT $19000,000 (allowance) TOTAL $7094589400 µ 50 PARK WITH SURFACE PARKING PARK CONSTRUCTION $309807,000 (includes roadway, park & V street surface parking) CONTINGENCY $390809700 (10% of construction at 15% design) ESCALATION $390809700 (10% of construction, 2026/2027) FULL TIME 3RD PARTY CITY INSPECTOR $7209000 ' (construction phase on-site field office) SOFT COSTS $3,9501000 (design & construction phase fees & services) FURNITURE, FIXTURES AND EQUIPMENT $190009000 (allowance) TOTAL $429638,400 V13 51 t r i{ 'pow COST PARTICIPATION 4: OPPORTUNITIES M NO- , /R '�d �� � � �.Y-��. "� � Two r•d • „ *� 52 Participation Opportunities to Reduce Initial Costs & On-going Operational costs NAMING RIGHTS (Signature Park Features & Elements) SPONSORSHIPS (Events, Features, Programming) DONATION (Public Spaces & Access, Philanthropy, Legacy) IN-KIND DONATION (Construction & Operations Related Industries) „ 52 v 53 NAMING RIGHTS, SPONSORSHIPS, & DONATIONS DIRECTED TO PARK FEATURES & PROGRAMS f' NATURE PLAY PAVILION 1 INLET WATER BEACH OCEAN STEPS PLAZA VILLAGE OVERLOOKS i m lam , u4 �" J w, r 0 , , S t VIDEO, W u q .t w• �i _ � ...j«e;J•.. w' -... a 1 - �� is w - , �,•." r� it f�� -.i &'kq ._;'E•' L' '^" �','• apt' �, .� NEXT STEPS Finalize Parking Option Decision for Master Plan June 3 - Parks & Recreation Briefing for Council Direction Finalize Formal Design & Master Plan Document Aug 2025 through Aug 2026 - Construction Documents Jan 2027 through Dec 2028 - Construction ni lea r VB t v a ._ 55 Mmi M. 4 1 p 4�. y 11 , ` r r. �m `ryi gal, THANK YOU Awl, eln M + .. x r+,.. •`.,£ - «f} 4 'kmr ,�G:�P`F4'1' , c. �� tea;.-. e y -.a r i. �' A 5 p � i'�IA •�1, 'ti r 6+< •T'I i 4 � T r i t • , ,1 • +{ ar Y 3 CITY MANAGER'S BRIEFING 17`'STREET UPDATE ITEM#77113 2:37P.M. Mayor Dyer welcomed Emily Archer, Deputy Director—Economic Development. Ms. Archer expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Ms.Archer for the presentation. May 20, 2025 17 th Street Improvements Emily Archer, Economic Development Deputy Director City Council Briefing May 20, 2025 Purpose s • Provide a brief history and background of the 17t" Street Phase 1 Improvement Project ' • Review pending improvements • Anticipated construction duration and phasing • Stakeholder engagement before and during construction ¢„ . qy�,, a' History = • Development began over 100 t . ears a o �' _ Y g �*, • Aging utility infrastructure including water lines installed in the 1940s r t r Life, -, lEM- Ing WIRE 17t" Street — 1950s 3 2018 Central Beach Conceptual Projects Project Background _ - a • Improvements to 17th Street o ' identified as a priority in the 8 , Resort Area Strategic Action . °* - ' ;f`'Y �a .s Plans ( RASAP 2008 & 2020) aA • Two typical sectionsri q . identified in the 2015 ViBe p Connectivity Plan , . - • Phase I, Pacific to Cypress Avenues, is first funded in i 2017 Capital Improvement K Program pX 1CP , 171hPhasingBudget& • Phase 1 fully funded in FY 2022-23 from the Tourism Investment Program at $48,843,040 • Project recently bid for construction, three bids received 4/30/25, the lowest responsible bid within budget at $42,768,000 • Phase 2 not currently funded at this time with a $76 Mil BTC 7. f J r'lyn,' I A-. r-�^► --.. -,. _ r !y'r --• Mv`' q � ,� K . C:� _4 01 :. ry • i k _ 1 it M PROJECT AREA PHASE 1 �. r ► �: 171h Street CYPRESS AVENUE - PACIFIC AVENUE EXISTING Westbound Eastbound 7' 10' 10" 7' Thru/Right Thrulleft Thru/Left Thru/Right Turn Lane Turn Lane Turn Lane Turn Lane 17 t" Street CYPRESS AVENUE - PACIFIC AVENUE PROPOSED Westbound Eastbound - Bike ThrulRight ThrulLeft Thru/Left ThrulRight Bike Lane Turn Lane Turn Lane Turn Lane Turn Lane Lane16 Dtuj t Bank for �7M 1 a� �1 1 t� ��",�' � � �r .§;'t ��'� ti � 'Y � �� r` �. } } ; ' `,' �; ',�u �. F ;. aWl, .} �t ._� s ,, �,.' � € _ _ .. f= rt r. � — - _- i f +�� `- _. �, � �i �_ � � _ � h �' � j ''as ; . l r 4 1� y ����� �f� 3 � r �. ,,'p , � at fi� r"1 � � �� �� ; �'�� �� 1�3, r s. '�t i x�•;� j f�' , ��: � � e� ti. f � � �i,e', • rs �/i� r� :�ra���' ��� � j DNS �.a{. 1[ irry�`F� �.k ,�� r �'4�K:. `��?t'� - .' 3}44. + � f,.. �: A 1y�� III A __ i _. • �r!'a� y'• >� E I I A fk � l 'i �� c: Yn JAE d ! �l -ant w � r __gg,aarOR 1 AL r i � ff J� r . e + 4 ` ulu�i ti / 4 r 17thStreet UtilityImprovements • Undergrounding of overhead utility lines • New water and sanitary sewer utility lines • New LED street lights 'X = • Police camerae o infrastructure reinstalled New storm sewer to improve drainage - .� Maintenance of Traffic Requirements • Minimize total road closures • Coordinate with property owners and tenants Vibe during construction District • Maintain safe access to businesses at all timesBusinesses • Provide wayfinding signage for businesses in Open and around the work zone ,A"t'S'NrlSyv b, 2 1 r I „, 7M.:.y4Wf'-+w`. 17 1" Street Construction Schedule (4-yr Total ) Construction Description - . Phase Timeframe* Phase I Underground Water and Sewer 6 months October 2025 — Improvements May 2026 Phase 2 Electrical/Communications 18 months June 2026 — Ductbank construction, southside December 2027 roadway widening, stormwater improvements and streetscape Northside roadway widening, 12 months January 2028 — stormwater improvements, and December 2028 streetscape Street lighting and landscaping 3 months January — March 2029 *The durations and timeframes listed are estimates and subject to change based on weather and/or unforeseen conditions encountered. Phase 1 — Water and Sewer Improvements • Block closures due to the location of new utilities relative to traffic. • Only one block or intersection may be closed at a time • Detours to utilize 18th Street • Estimated 6-month duration (October 2025 — May 2026) 7 - --_ _.., � .. ---� * � r _.. �, e-•-mot':: i � __ �a.-.�..— Ca .. -� A i � Virginia Beach Blvd / 171" Street .i-I it 15 Phase 2 —Duct bank & Southside Roadway Improvements • Two lanes remain open, with intersection and side street closures (only one intersection is closed at a time) • Estimated 18-month duration (June 2026 — December 2027) C L M �':.. a ', l .t....�..,:Yx�j 5' _,� �.�--w` ' 'A �• ---.t_.�.<"T ��yr/,t- _.. .. _.... _.._.... ...... .__._� �i......':: Q ._ .f _ ( - .- _.... ... ... - ,�,,,: � Via. > v Q i� Q > Q N ^Virginia Beach,Blvd / 17t" Street : �' i R, 16 Phase 3 — Northside Improvements • Two lanes remain open • Intersection and side street closures, only one intersection closed at a time • Estimated 12-month construction (January — December 2028) I �"" - - 1' • _ - CO n U U e v Virginia Beach Blvd 07th' Street t�E Q L; Z; Urs: L. - m t 17 Phase 4 — lighting and Landscape • Three lanes remain open • Minimal disruption to sidewalks and driveways • Estimated 3-month duration (January — March 2029) Y Il I .a7. Y erI Stormwater Water Sanitary Duct Bank for Stormwater Pipes Main Sewer Main Power/Comm, Pipes B, Varies 4' Varies; 8 15 4S' 17th St(From Cypress to Pacific)ROW Varies 76-BD'+/- 18 "WWI 17 t" Next Steps — Stakeholder Engagement Regular communications will occur with the public before and during construction. The following stakeholder groups will be briefed in advance of construction this spring and summer: • The Resort Advisory Commission and its Transportation Parking and Pedestrian Subcommittee • The ViBe Creative District • The Resort Beach Civic League • The Shadowlawn Civic League • 2nd Precinct Citizens Advisory Committee • The 17th Street Gateway Association • All 17th corridor property owners and tenants within or adjacent to the work zone Thank 4 CITY COUNCIL DISCUSSION/INITL9TIVES/COMMENTS ITEM#77114 2:49 P.M. Mayor Dyer advised on May 15' there was a major accident on Sandbridge Road and asked City Manager Duhaney to provide an update. City Manager Duhaney advised last Thursday evening there was an accident on Sandbridge Road involving a vehicle that hit several poles resulting in a loss of Dominion Energy, Verizon and Cox services as well as Sandbridge Road being closed to the public for approximately twenty (20) hours. The accident also required a significant amount of police resources who worked with Naval Air Station (NAS) Oceana-Dam Neck Annex to open their gates to provide a safe detour through the Navy base. City Manager Duhaney advised the Body has pushed for several years to move forward the Nimmo Parkway Phase VII--B Project which is fully funded and would provide an improved and reliable route to Sandbridge. City Manager Duhaney advised staff was following guidance from the Federal Regulatory Permitting Agencies to conduct an environmental assessment and while moving forward with that process, staff received a notice that an Environmental Impact Study(EIS)is required. City Manager Duhaney explained the EIS will take several years to complete and is the reason the project cannot be started. Mayor Dyer shared the similar situation with Lynnhaven Parkway several years ago before the roadway was extended to provide a continuous connection from Centerville Turnpike to Indian River Road, explaining there were Federal requirements for the wetlands that delayed the project for several years. Mayor Dyer advised after several incidents of first responders being delayed and loss of life, the project was able to be completed. Mayor Dyer advised he has spoken to Senator New Craig and Delegate Knight to make them aware of the situation and his concerns for similar accidents happening again or the complexities of evacuating the Sandbridge area in the event of a hurricane. Mayor Dyer advised this is an emergency situation that the Federal Government needs to be aware of and would like to have the City's Lobbyists involved. Council Member Henley is hopeful this accident may be the one to bring enough attention to enable the project to move forward as emergency responders were delayed in reaching three(3)different people who needed care. Council Member Henley emphasized the importance of completing the project and believes it is a "life and death"situation. Council Member Henley advised the EIS will delay the project at least three (3)years and after that much time, additional funding will be needed as the cost to complete the project will increase. Council Member Henley advised while the Navy will open their gates to allow access, it takes time to pull Police Officers from around the City to get them in place and suggested the process to allow access through the base should be started as soon as possible next time. Council Member Henley also suggested looking at all other levels of government to seek assistance and leverage the successful completion of the Nimmo Parkway V project as it had similar environmental concerns. City Manager Duhaney advised the current agreement with NAS Oceana-Dam NeckAnnex is they will open the gates to the public if Sandbridge Road will be closed for more than half of a day and will always allow access for emergency vehicles. May 20, 2025 5 CITY COUNCIL DISCUSSIONIINITLITIVES/COMMENTS ITEM#77114 (Continued) City Manager Duhaney advised Mayor Dyer requested staff draft correspondence that he will send on behalf of the Body to Senator New Craig and members of the City's Federal and State Delegation, to bring attention to this incident and request they use their resources to impress upon the Federal Regulating Agencies the need to expedite the process to allow the project to begin. City Manager Duhaney advised he will share the document with the Body as soon as it is prepared and continue discussions with the City's Federal Lobbyists and Delegation to seek solutions. Vice Mayor Wilson advised this shows there is a crisis and believes the Department of Fish and Wildlife have never wanted to have the road built. Vice Mayor Wilson advised in 2002 they requested to buy the property and when the City Council denied it, they requested to lease the right-of-way, which City Council also denied and believes they are causing the obstruction to build the road. Vice Mayor Wilson advised the City has waited long enough and believes the dangerous situation will lead to fatalities if not addressed. Vice Mayor Wilson complemented the City's Lobbyists and recommended members of the City's Delegation go with the Lobbyists to Washington D.C. to advocate for the project. Mayor Dyer advised while the project is sensitive to the Department offish and Wildlife, the priority is the safety of people and residents in the Sandbridge community and is an emergency situation. May 20, 2025 6 CITY COUNCIL DISCUSSION/INITIATIVES I COMMENTS ITEM#77115 (Continued) Council Member Remick advised last Saturday was the I"Annual Strawberry Festival to be held on Laskin Road in the Artery District. Council Member Remick complimented Jesse Wykle,founder of the Artery District, on the festival and looks forward to next year. May 20, 2025 7 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#77115 (Continued) Council Member Remick added, last Saturday also included two (2) incidents at the Oceanfront causing continued safety concerns from residents, business owners and citizens outside of the Resort Area. Council Member Remick advised he is taking the concerns seriously and asked City Manager Duhaney to comment. City Manager Duhaney advised Police Chief Neudigate will provide the Body a presentation on June 3rd with an update on incidents at the Oceanfront, challenges the Police Department has and recommendations for necessary state legislative changes. Mayor Dyer advised he also requested Chief Neudigate include information on the increase of homelessness at the Oceanfront and in Town Center. Mayor Dyer believes it is important to have a discussion for the public to better understand what the legal limitations are for addressing some of the concerns. Council Member Schulman expressed his appreciation for this discussion as he has recently received several calls concerning public safety complaints in Town Center and has been working with District 9 residents to address complaints of reckless driving near the Lynnhaven boat ramp for the past couple of years. Council Member Schulman expressed his sincere appreciation for the City s Police Officers for the work they do every day and believes it will be helpful for the public to understand the legal limitations on what actions can be taken. Council Member Rouse advised she has received similar complaints about vehicles and speeding around Lynnhaven Parkway and Holland Road and car meets gathering at nearby car washes. Council Member Rouse advised she has been working with staff to meet with car wash business owners to address public safety concerns and would like to include public nuisance concerns to the Body's conversation. City Manager Duhaney advised when Chief Neudigate provides his presentation, he will include information on state legislation where offenses were changed from primary to secondary and explain how changing them back to being primary offenses will give Police Officers the ability to be more proactive. May 20, 2025 8 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#77116 (Continued) Mayor Dyer advised he and Council Member Jackson-Green attended the Annual Hampton Roads Committee of 200+Men Scholars Breakfast on Saturday at the Convention Center. Mayor Dyer advised it was a great recognition and asked Council Member Jackson-Green to share what they did in the afternoon. Council Member Jackson-Green advised they went to Salem Middle School where parents and their kids came to meet NBA legend Joe Smith and register for a weeklong basketball camp he will provide to boys and girls in July. Council Member Jackson-Green advised it was very memorable for the kids who were able to meet Joe and receive an autograph. May 20, 2025 9 AGENDA REVIEW SESSION ITEM#77117 3:11 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: IL ORDINANCES I RESOL UTIONS 1. Ordinance to DECLARE 1,427 +/- square feet of City property adjacent to 310 Winston Salem Avenue and 4,817+/-square feet adjacent to 312 Winston Salem Avenue in EXCESS of the City's needs and AUTHORIZE the City Manager to sell the property to FWM Residential Rental Properties,LLC 2. Ordinance to GRANT a Franchise Agreement to Calabrese Management Group,Inc.,t/a Albie's Pizza re Outdoor Cafe at 200 21'Street 3. Ordinance to GRANT two (2)Franchise Agreements for Open Markets on public property.• a. 600 Block of 18`h Street and on Cypress between 19`h and 18"' Street to Old Beach Farmers Market b. ViBe Park, at the corner of 19h Street and Cypress Avenue to Old Beach Art Market 4. Ordinance to ADD City Code Section 21-202 re prohibit through trucks and require signage of such prohibition on Twin Mills Road(Requested by Mayor Dyer and Vice Mayor Wilson) 5. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with ViBe District for the sale, installation and maintenance ofpavers in the 18`h Street Parklet re raise funds to support public arts in the District 6. Ordinance to AUTHORIZE temporary encroachments into City-owned property known as Bass Inlet East and a 10'City-owned public drainage easement at the rear of 2913 Sandpiper Road re construct and maintain timber floating pier, a timber floating pier with an aluminum gangway, and maintain a vinyl bulkhead DISTRICT 2 7. Resolution to AMEND Resolution 04310, which authorized and directed the City Manager to execute an Intergovernmental Agreement between the Virginia Department of Forestry and the City repurchase of Agricultural Reserve Program (ARP)Easements 8. Resolution to REQUEST the Virginia Department of Wildlife Resources(DWR) to AUTHORIZE the City to DESIGNATE, POST and ENFORCE the section of Linkhorn Bay in the vicinity of Quail Point Road and Bingham Street as a "No Wake"Zone 9. Resolution to REFER to Planning Commission the proposed amendments to the City Zoning Ordinance re Short Term Rentals requirements and penalties May 20, 2025 10 AGENDA REVIEW SESSION ITEM#77117 (Continued) 10. Ordinance to ACCEPT and APPROPRIATE$3,055,930 from the Federal Department of Housing and Urban Development and APPROPRIATE $342,597 of existing Housing Choice Voucher (HCV)fund balance to the FY 2024-25 Department of Housing and Neighborhood Preservation Operating Budget re support the Housing Choice Voucher Program 11. Ordinance to ACCEPT and APPROPRIATE$120,000 from the Virginia Department of Criminal Justice (DCJS) as part of the "Operation Ceasefire"grant to the FY 2025-26 Police Department Operating Budget re support initiatives to reduce violent crime and eliminate cycles of violence 12. Ordinance to ACCEPT and APPROPRIATE$155,952 from the Commonwealth to the FY 2025- 26 Commonwealth's Attorney Operating Budget and AUTHORIZE two (2)full-time Attorney positions effective July 1,2025 13. Ordinance to ACCEPT and APPROPRIATE$51,509 from the Commonwealth to the FY2025-26 Clerk of Circuit Court's Operating Budget and AUTHORIZE one (1)full-time Deputy Clerk position effective July 1,2025 14. Ordinance to ACCEPT and APPROPRIATE $143,084.32 and $3,861.69 from the Federal Emergency Management Agency (FEMA) to the FY 2024-25 Fire Department Operating Budget re mobilization and administration of Virginia Task Force 2 for the Kentucky severe weather deployment 15. Ordinance to ACCEPT and APPROPRIATE $629,780.30 and $13,595.61 from the Federal Emergency Management Agency (FEMA) to the FY 2024-25 Fire Department Operating Budget re mobilization and administration of Virginia Task Force 2 for the Louisville,Kentucky severe weather deployment May 20, 2025 11 AGENDA REVIEW SESSION ITEM#77117 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING I. MILLWOOD ASSOCIATES,LLC&REDEEMER PRESBYTERIAN CHURCH/MILLWOOD ASSOCIATES, LLCfor a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide parcel to create a new lot width and Conditional Use Permit re religious use at a portion of 2307 Millwood Road DISTRICT 8 2. CITY OF VIRGIN14 BEACH for a Mod i acation of Conditions to a Conditional Use Permit re Borrow-Pit Fill at 560 Oceana Boulevard DISTRICT 6 3. BRIAN D. & LADONNA SMITH for a Conditional Change of Zoning from B-2 Community Business District to Conditional R-10 Residential District re demolish existing one-story single- family dwelling and construct new one at 1549 Bradford Road DISTRICT 9 4. ERICA FRITZ /ERICA FRITZ & STEPHEN HODGES for a Conditional Use Permit re commercial kennel at 2738 Salem Road DISTRICT 2 5. ASCENT BUILDING,LLC/LASKINROADSASSOCL4TES,LPfor a Conditional Use Permit re religious use at 941 Laskin Road DISTRICT 6 6. DAWN FEDEROVICHI CHRISTINA M.SOQUETfor a Conditional Use Permit re home-based wildlife rehabilitation facility at 6365 Colby Way DISTRICT 7 7. AUTO GLASS & SUNROOF REPAIR & WATER LEAK CORP. /JNJ ENTERPRISES, LLC for a Conditional Use Permit re auto repair garage at 5033 Cleveland Street DISTRICT 4 8. PATRICKA BOWERS/BOWERS&JONES PROPERTIES,LLCfor a Conditional Use Permit re short term rental at 903 Pacific Avenue, Unit A DISTRICT 5(Deferred from April 15, 2025) 9. SUMESH NAIR/PAS PARTNERSHIP,LLCfor a Conditional Use Permit re short term rental at 514 22nd Street, Units 100, 200&300 DISTRICT 6 L. PLANNING ITEM#2 WILL BE CONSIDERED FOR DEFERRAL TO JUNE 17, 2025 ITEM#5 WILL BE CONSIDERED FOR WITHDRAWAL ITEM#6 WILL BE CONSIDERED SEPARATELY May 20, 2025 12 ITEM#77118 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 employed or retained by a public body regarding specific legal matters requiring theprovision oflegal advice by such counsel pursuant to Section 2.2-3711(A)(8). • Atlantic Park PUBLICLY-HELD PROPERTY:Discussion or consideration of the acquisition of real property for public purpose;or of the disposition ofpublicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2- 3711(A)(3). • District 2 • District 6 • District 6 • District 6 PUBLIC CONTRACT. Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargainingposition or negotiating strategy of the public body pursuant to Section 2.2-3 711(A)(29) • Project Ramp PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body pursuant to Section 2.2- 3 711(A)(1). • Council Appointments: Council, Boards, Commissions, Committees, Authorities,Agencies and Appointees May 20, 2025 13 ITEM#77118 (Continued) Upon motion by Council Member Berlucchi, seconded by Council Member Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 3:48 P.M. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None Break 3:48 P.M. — 3:56 P.M. Closed Session 3:56 P.M. — 5:53 P.M. May 20, 2025 14 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL MAY20, 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, May 20, 2025, at 6:00 P.M. Council Members Present: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr.Amelia N. Ross- Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: None INVOCATION: Mayor Dyer MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 341h 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. Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC, ("Colliers')which is a commercial real estate services company. Because ofthe size and nature of Colliers and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters May 20, 2025 15 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. May 20, 2025 16 VF CERTIFICATION ITEM#77119 Upon motion Council Member Rouse, seconded by Council Member Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 ��Nv+•aFgc J�4 `yL O� s i = t ns UW UR OUR NIOP 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#77118 on Page 13 and in accordance with the provisions of The rirginia Freedom of Information Act;and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. �dn n a Barnes, AMC City Clerk May 20, 2025 17 ITEM— V G.1 MINUTES ITEM#77120 Upon motion by Council Member Rouse,seconded by Council Member Remick, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of April 29, 2025 Voting: 11 -0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 18 ITEM— V.H.1 MAYOR'S PRESENTATIONS ITEM#77121 PROCLAMA TION VIRGINIA BEACH PUBLIC WORKS WEEK On behalf of City Council, Mayor Dyer welcomed LJ Hansen, Director, Katie Shannon, Deputy Director and Toni Utterback, City Engineer and read the Proclamation declaring the week of May 18`h —24 h as, "PUBLIC WORKS WEEK". Mayor Dyer called upon all citizens to salute the hard work, accomplishments and commitment of the dedicated members of the Public Works Department. Director Hansen expressed his appreciation to City Council for this recognition and believes the City is lucky to have great employees who have impressed not only him but professionals outside of the City,for the scope of work his department performs and expressed his pride for each of his employees. Deputy Director Shannon expressed her appreciation to City Council and believes the City could not run without Public Works employees who assist with special events, provide trash collection services and maintains City vehicles and ambulances. City Engineer Utterback also expressed her appreciation to City Council and is proud of her staff totaling 120 employees across seven (7)divisions. May 20, 2025 r^gNl'°'•B$A�1 °p a,e h.oaJ. prortamatioll 'Whereas: ftbfic works infrastructure is above, befo•w,andallaround us;because of pu6Cu works,we are able to have clean waters,safe streets,efficient traffw, and liva6fe communities,and 444iereas: Public works professionals focus on infrastructure,fatties,andservices that could not be providedwithout their dedwatedefforts who perform at afflevels,•and Zldiereas. 2Tiese professionals are responsible forrebuiOng,improving, andprotecting our city's transportation,public buiOngs, traffic systems, beaches andwaterways, roads andstreets,stonnwatersystems,andotfier structures andfacitities that are a6sotutely essential to our citizens;and ` &Teas: (Public works services provided in our community are an integralpart of our citizens' everyday lives;the health,safety andcomfort of this citygreatly depends on these services;and Wliiereas: We as city leaders seek to enhance the prestige of the often-unsung heroes of our city -the Public Works professionals who serve the pu6litc good,every day,with quiet dedication. Now, q&rr�fm, I, Rq6ert 9Y. Bo66y"(Dyer, 94ayor of the City of'Virginia Beach, 'Virginia, do hereby proclaim. The Weekof9way 181h — 24th 2025, Virginia Beach I-''ubCic Works Week In'Virginia Beach,'andl caClupon atfcitizens to salute the hardwork,accomplishments, and commitment of these dedcated mem6ers of the s*inia Beach ftbfic Wor6 Oepantinew. In Witness Whe►eof, I have hereunto set my handand caused the OfficialSeafof the city of Virginia Beach, Virginia, to 6e affixed this Twentieth Day of Way, Two gIhousand Twenty- (Five. W96ert 3f. °Bo66y"Dyer Wayor 19 ITEM— V.H.2 MAYOR'S PRESENTATIONS ITEM#77122 PROCLAMATION EMERGENCY MEDICAL SERVICES WEEK On behalf of City Council, Council Member Hutcheson welcomed Clay Cofer, Deputy Chief—Emergency Medical Services(EMS)and Dr.Stewart Martin,Medical Director—VB Rescue and read the Proclamation declaring the week of May 18`h — 24th as, "EMERGENCY MEDICAL SERVICES WEEK". Council Member Hutcheson encouraged the community to recognize the volunteer and career medical providers who tirelessly work every day to provide emergency medical services to all who live, work or visit the City with appropriate programs, ceremonies and activities. City Manager Duhaney added, Dr. Martin not only trains all of the career and volunteer EMS personnel but also Fire and Police personnel and is instrumental in providing emergency medical care to the entire City. Chief Cofer expressed his appreciation to City Council for their continuous support. Dr. Martin expressed his appreciation to City Council for this recognition and explained there is a tremendous effort from the Fire Department, career and volunteer EMS providers and the Police to save lives and is shown in the save rate results especially with cardiac arrests and is due to all of the agencies working so well together. Dr. Martin expressed his pride in all of the personnel he has worked with and believes the City has an exceptional system that benefits everyone who visits or lives in the City. May 20, 2025 tA•Bl Ok U ry �0r OUR NA'h0.,J- y+y. Proclamation U*ereas: Emergency medical services is an essentialpubCtc service;and Uiereas: The members of the Virginia Beach Emergency Medical Services team are ready to provide lift-saving medical care to those in need 24 hours a day,seven days a week and TP&r=. Access to quality emergency medical care dramaticaCCy improves the survival and recovery rate of those who experience sudden illness or injury;and Wherm. Emergency medical services providers have traditionally served as America's healthcare systems safety net by Jong healthcare deCrvery gaps and providing important, out of hospital care, including preventive medicine, mental health services,fAnt,-up care, and access to education services;and %Nereus:• The emergency meduaC services system consists of first responders, emergency medical technicians, paramedics, emergency medical dispatchers, firefighters, Caw enforcement officers, educators, administrators, pre-hospital nurses, emergency physicians, trained members of the public,andother out of hospitalmedualcare providers;and U4ereas: Virginia Beach celebrates SI years of a successful combination emergency medical services system composedof both voCunteerrescue sguadandcareerEMS providers;and Whereas: 4he members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills;and Where= It is appropriate to recognize the value, compassion, and accomplishments of emergency meduaCservices providers by designating Emergency MedicaCServices Week. Now,2Semfore,I,W96ert 9K. Dyer,Mayor of the City of Virginia Beach, Virginia,do hereby proclaim: May 18 — 24, 2025 Emergency W edzcaCSermr es Week In'Gina Beath and I encourage the community to recognize the volunteer and career medical providers who tirelessly word,every day to provide emergency medical services to all who Cve, work or visit'Virginia Beach with appropriate programs,ceremonies,andactivities. In%fitness' fwmof, I have hereunto set my handandcausedthe OfficiaCSeaCof the City of Virginia Beach, Virginia, to be affixed this Twentieth Day of May Two g1iiiousand an dTwenty-'Five. P,p6ert W. °Bo66y"(Dyer Mayor 20 ITEM— V.H.3 MAYOR'S PRESENTATIONS ITEM#77123 RESOLUTION KBe 10`h ANNIVERSARY On behalf of City Council, Council Member Remick welcomed Kate Pittman, Executive Director— ViBe Creative District, Andrew Fine, Founder- ViBe Creative District nonprofit and Laura Wood, member— Friends of the Creative District Business Association and read the Resolution recognizing and honoring the ViBe Creative District on their 10`h Anniversary for outstanding contributions to the cultural, economic and artistic growth of the City and continued commitment to building a vibrant and sustainable arts district. Mr. Fine expressed his appreciation to City Council for their continued support and to Ms. Pittman who he credited as being his "miracle in motion". Ms.Pittman expressed her appreciation to City Council for this recognition and to the hundreds of business owners, neighbors, artists and creative entrepreneurs who contribute to the success of the ViBe Creative District. May 20, 2025 .00P UR NAS\OJJ RESOLUTION WHEREAS:In April 2015,the City of Virginia Beach adopted the Creative District ordinance to spur economic development,attract residents,businesses,and visitors,and create a unique place for local artists and creative businesses;and WHEREAS.April 2025 will celebrate the 1(Yh Anniversary of the ViBe Creative District and the City of Virginia Beach's partnership with the ViBe Creative District nonprof t founded by Andrew Fine;and WHEREAS.The ViBe nonprofit has raised over$2.3 Million dollars to date and has paid out over$620,000 to individual artists,fueling the creative capital in Virginia Beach;and WHEREAS.The ViBe stands for Virginia Beach and honors our local creative community in Virginia Beach's first arts district in the resort area;and WHEREAS.The ViBe Creative District has made a notable impact on the local economy,fostering the addition of'68 new brick-and- mortar businesses and 152 new business licenses since 2015;and WHEREAS.The Commissioner of the Revenue has documented over$33.9 Million dollars in taxable sales growth in the district, resulting in a net increase of over$900,000 in positive tax revenues in 2024 alone;and WHEREAS:The Real Estate Assessors'Office has documented an increase in real estate values within the ViBe Creative District of$56 Million dollars in the past decade;and WHEREAS:The ViBe Creative District has created a unique sense of place featuring over 500 total works of public art,including 73 large-scale wall murals,radically transforming the aesthetics of the central beach area;and WHEREAS.The ViBe Creative District has been featured in more than 1,000 earned media articles,promoting the City of Virginia Beach as a diverse cultural destination;and WHEREAS.The ViBe Creative District's continued success has been fueled by strong community partnerships,including collaborations with over 30 nonprofit organizations,local schools,and international creative networks,creating opportunities for students,artists,and creative entrepreneurs alike;and WHEREAS.The ViBe Creative District has been named by AAA's Traveler Magazine as one of the "7 US Cities with the Best Street Art and Murals"in 2024,further establishing Virginia Beach as a premier cultural and creative hub;and WHEREAS:The ViBe Creative District's signature events, including the ViBe Mural Festival and the VB Street Art Festival,continue to draw thousands of visitors and receive significant support from corporate sponsors and individual donors alike;and WHEREAS.The ViBe Creative District will continue its 10 anniversary celebration throughout 2025 with various initiatives, including human interest stories,business milestones,and fundraising efforts to create a sustainable future for the district;and NOW,THEREFORE,BE ITRESOL VED, That the City of Virginia Beach officially recognizes and celebrates the I CY Anniversary of the ViBe Creative District,its outstanding contributions to the cultural,economic,and artistic growth of Virginia Beach,and the continued commitment of the ViBe Creative District nonprofit,the City of Virginia Beach,and the creative community to building a vibrant,sustainable arts district. BE IT FURTHER RESOLVED,That the City of Virginia Beach acknowledges and honors the leadership of Andrew Fine,the founder of the ViBe Creative District nonprofit,and the members of the Friends of the Creative District Business Association for their dedicated efforts in making the ViBe Creative District a transformative force in the city. Given by the Council of ti City of`Vj' *nia Beach, Virginia the 20`h day of May 2025 and present this Resolution duly signed by each Member of 0e 4irzOia 1,,ach Cilyconr cil. nurycil. ember Michael F.Berlucchi Council Member Stacy u ngs Council Member Barbara M.Mnley (, ouncil hNember David Hutcheson Council Member Cal" t sh"Jacks,n seen Council Member R bert W. "Worth Remick T - Council Member Dr.Amelia Ross Hammond o cil A tuber Jennifer V.Rouse Council Member Joashua F.Schulman 21 ITEM— V LI PUBLIC HEARING ITEM#77124 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 May 20, 2025 22 ADD ON RESOLUTION ITEM#77125 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick City Council ADDED, "Resolution to DESIGNATE Cypress Avenue in Honor of Andrew Fine", as Item V K.16. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 23 ITEM— V.J FORMAL SESSION AGENDA ITEM#77126 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker, and they will be given a total of six(6)minutes to speak on all items. Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions K. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,13,14 and 15 and Planning Items L:1,2(DEFERRED TO JUNE 17,2025),3,4,5(WITHDRAWN), 7(AS AMENDED), 8, 9 and 10 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None K. ORDINANCESIRESOL UTIONS ITEM#16 WILL BE CONSIDERED SEPARATELY L. PLANNING ITEM#6 WILL BE CONSIDERED SEPARATELY May 20, 2025 24 ITEM— VK.1 ORDINANCES/RESOL UTIONS ITEM#77127 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED,BY CONSENT, Ordinance to DECLARE 1,427 +/-square feet of City property adjacent to 310 Winston Salem Avenue and 4,817+/-square feet adjacent to 312 Winston Salem Avenue in EXCESS of the City s needs and AUTHORIZE the City Manager to sell the property to FWM Residential Rental Properties,LLC Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 1 AN ORDINANCE 1 ) DECLARING 1,427± 2 SO. FT. OF CITY PROPERTY LOCATED 3 ADJACENT TO 310 WINSTON SALEM 4 AVENUE AND 4,817± SQ. FT. OF CITY 5 PROPERTY ADJACENT TO 312 WINSTON 6 SALEM AVENUE TO BE IN EXCESS OF 7 THE CITY'S NEEDS AND 2)AUTHORIZING 8 THE CITY MANAGER TO SELL THE 9 PROPERTY TO FWM RESIDENTIAL 10 RENTAL PROPERTIES, LLC 11 12 WHEREAS, the City of Virginia Beach (the "City") owns two parcels of 13 property within Lake Rudee, identified as Parcels 28A (GPIN 2427-12-9190) and 28C 14 (GPIN 2427-12-9038) (collectively, the "Property"), and more particularly described on 15 Exhibit A, attached hereto and made a part hereof; 16 17 WHEREAS, FWM Residential Rental Properties, LLC, a Virginia limited 18 liability company (the "Applicant"), owns property located at 310 Winston Salem Avenue 19 (GPINs: 2427-12-9328 and 2427-12-9270)and 312 Winston Salem Avenue (GPINs: 2427- 20 12-8357 and 2427-12-9200) (collectively, the "FWM Property"), which is adjacent to the 21 Property; 22 23 WHEREAS, the Applicant desires to purchase the Property and incorporate it 24 into the FWM Property for the purpose of redeveloping and expanding the commercial 25 marina located on the FWM Property; 26 27 WHEREAS, City staff has reviewed the request and supports conveying the 28 Property to the Applicant pursuant to the terms and conditions set forth in the Summary of 29 Terms, attached hereto as Exhibit B and made a part hereof; and 30 31 WHEREAS, the City Council is of the opinion that the Property, subject to the 32 reservations noted on the Summary of Terms, is in excess of the needs of the City. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA: 36 37 1 . That the Property, subject to the reservations noted on the Summary of 38 Terms, is hereby declared to be in excess of the needs of the City of 39 Virginia Beach; and 40 41 2. That the City Manager is hereby authorized to execute any documents 42 necessary to convey the Property to the Applicant in accordance with the 43 Summary of Terms attached hereto as Exhibit B and such other terms 44 conditions or modifications as may be acceptable to the City Manager 45 and in a form deemed satisfactory by the City Attorney. 46 47 This Ordinance shall be effective from the date of its adoption. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th 50 day of May , 2025. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P BL C WORKS REAL ESTATE CITY ATTORNEY CA16723 R-1 Prepared: 4/23/25 EXHIBIT A Legal Description Parcel 1 GPIN: 2427-12-9190 ("Parcel 28A"): ALL THAT certain lot, tract or parcel of land, together with improvements thereon, belonging, lying, situated and being in the City of Virginia Beach, Virginia, designated and described as: "TAKE AREA = 1,427 SQ. FT. PARCEL 28A", as shown on sheet 2 of 11 of that certain plat entitled "RUDEE INLET DREDGING PROJECT", dated July 13, 1984 and revised through February 5, 1987, Scale 1"=100', and prepared by the Bureau of Surveys and Mapping Engineering Division Department of Public Works City of Virginia Beach, Virginia, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2600, at page 1646, to which reference is made for a more particular description. EXPRESSLY SUBJECT to that certain Channel Right of Way Easement conveyed to the United States of America (the "USA") by Deed of Easement dated October 2, 1989, and recorded in the aforesaid Clerk's Office in Deed Book 2860, at page 1923. RESERVING UNTO THE CITY and SUBJECT to a perpetual easement to maintain the federal navigational channel granting all the same rights granted to the USA in that certain Deed of Easement recorded in the aforesaid Clerk's Office in Deed Book 2860, at page 1923, and in accordance with any current and future dredging permits. IT BEING the same property conveyed to the City of Virginia Beach by Deed dated April 23, 1987, from V & N Associates, a Virginia general partnership, and recorded in the aforesaid Clerk's Office in Deed Book 2639, at page 794. Parcel 2 GPIN: 2427-12-9038 ("Parcel 28C"): ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and described as: "TAKE AREA = 4,817 SQ. FT. PARCEL 28C", as shown on sheet 2 of 11 of that certain plat entitled "RUDEE INLET DREDGING PROJECT", dated July 13, 1984 and revised through February 5, 1987, Scale 1"=100', and prepared by the Bureau of Surveys and Mapping Engineering Division Department of Public Works City of Virginia Beach, Virginia, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2600, at page 1646, to which reference is made for a more particular description. EXPRESSLY SUBJECT to that certain Channel Right of Way Easement conveyed to the United States of America (the "USA") by Deed of Easement dated October 2, 1989, and recorded in the aforesaid Clerk's Office in Deed Book 2860, at page 1923. RESERVING UNTO THE CITY and SUBJECT to a perpetual easement to maintain the federal navigational channel granting all the same rights granted to the USA in that certain Deed of Easement recorded in the aforesaid Clerk's Office in Deed Book 2860, at page 1923, and in accordance with any current or future dredging permits. IT BEING the same property conveyed to the City of Virginia Beach by Deed dated June 16, 1987, from R.J. Alfriend, III, Rachel K. Alfriend, and Robert I. Low, Trustees, and recorded in the aforesaid Clerk's Office in Deed Book 2691, at page 263. EXHIBIT B SUMMARY OF TERMS SELLER: City of Virginia Beach ("City") BUYER: FWM Residential Rental Properties, LLC, a Virginia limited liability company CITY PROPERTY: (a) 1,427± Sq. Ft. within Lake Rudee ("Parcel 28A") adjacent to 310 Winston Salem Avenue and (b) 4,817± Sq. Ft. within Lake Rudee ("Parcel 28C") adjacent to 310 Winston Salem Avenue, as more particularly described on Exhibit A SALES PRICE: $15,000.00 CONDITIONS OF SALE: • The Property shall be conveyed expressly subject to that certain Channel Right-of-Way Easement conveyed to the United States of America (the "USA") in Deed Book 2860, at page 1923, and subject to all existing easements and restrictions of record. • City shall reserve a perpetual easement to maintain the federal navigational channel granting all the same rights granted to the USA in Deed Book 2860, at page 1923, and in accordance with any current or future dredging permits. • Buyer shall be responsible for meeting all requirements under the City's Zoning Ordinance ("CZO") for Buyer's proposed use of the Property. • Settlement is conditioned upon Buyer obtaining City's approval of a resubdivision plat to incorporate the Property into Buyer's adjacent property located at 310 Winston Salem Avenue and 312 Winston Salem Avenue, which plat shall vacate all interior lot lines of(a) 310 Winston Salem Avenue and Parcel 28A to form one parcel and (b) 312 Winston Salem Avenue and Parcel 28C to form one parcel. • Buyer shall be responsible for all costs associated with meeting the requirements of the CZO; all costs associated with the preparation, review and recordation of the resubdivision plat; and its own closing costs, recording fees, and attorney's fees. • Settlement shall occur on or before December 31, 2025, unless as otherwise modified by the City Manager for good cause shown. 25 ITEM— VX2 ORDINANCES I RESOL UTIONS ITEM#77128 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to GRANT a Franchise Agreement to Calabrese Management Group,Inc.,t/a Albie's Pizza re Outdoor Cafe at 200 21'Street Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 1 AN ORDINANCE GRANTING A FRANCHISE 2 AGREEMENT FOR AN OUTDOOR CAFE IN 3 THE RESORT AREA 4 5 WHEREAS, City Council adopted revised regulations for outdoor cafe franchises 6 on October 20, 2020 ("Revised Regulations"); and 7 8 WHEREAS, the Revised Regulations simplify the outdoor cafe franchise program 9 and allow more flexibility for outdoor cafe owners and operators to keep pace with 10 current standards in construction, design, and materials; and 11 12 WHEREAS, the City has developed a franchise agreement for the regulation of 13 outdoor cafes, which the grantees are required to execute as a condition of the grant; 14 and 15 16 WHEREAS, the City Council has traditionally granted initial franchises for one- 17 year terms; and 18 19 WHEREAS, after an outdoor cafe successfully operates for one year, the 20 franchisee may return to Council and request a five-year franchise agreement; and 21 22 WHEREAS, Calabrese Management Group, Inc., t/a Albie's Pizza, is seeking a 23 one-year franchise agreement for a sidewalk cafe at 200 215t Street; and 24 25 WHEREAS, the Office of Resort Management recommends that the above- 26 named entity be granted an outdoor cafe franchise agreement. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH: 30 31 That the City Council hereby grants a one-year franchise agreement to 32 Calabrese Management Group, Inc., t/a Albie's Pizza, for a sidewalk cafe at 200 215, 33 Street. Adopted by the City Council of Virginia Beach, Virginia on this 20tiday of May____ _ 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Convent' n and Visitors Bureau City Attorney's O is CA16877 R-1 April 22, 2025 SUMMARY OF TERMS FRANCHISE AGREEMENT FOR OUTDOOR CAFE GRANTOR: City of Virginia Beach ("City") GRANTEE: Calabrese Management Group, Inc., t/a Albie's Pizza TERM: 1-year term: effective date until 4/30/2026 FEES: Fees are assessed based on a)type of cafe(Boardwalk or Sidewalk); and b)square footage of cafe. PROPOSED Grantee is authorized to operate outdoor cafe on public property. USE: REMOVAL: City can require removal of cafe structure from City property upon 60- days notice if necessary for public safety or capital improvement projects. BOND: Grantee required to execute bond or letter of credit in favor of City in amount of$10,000, conditioned upon Grantee constructing, maintaining, and removing cafe from public property. TERMINATION: City can terminate for cause. LIABILITY: Grantee required to indemnify and hold City harmless. INSURANCE: Grantee must provide City with certificates of insurance prior to commencing work. Required insurance includes worker's compensation (not less than$500,000)and comprehensive general liability(not less than $2,000,000 combined single limit). RIGHT OF INSPECTION: City has right to inspect cafe at all reasonable times, with or without notice, to determine compliance with Regulations. AUDIT: City has right to audit all books and records related to franchise agreement. 26 ITEM— VK.3 ORDINANCES I RESOL UTIONS ITEM#77129 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to GRANT two (2) Franchise Agreements for Open Markets on public property: a. 600 Block of 18`h Street and on Cypress between 19h and 18`h Street to Old Beach Farmers Market b. ViBe Park, at the corner of 18`h Street and Cypress Avenue to Old Beach Art Market Voting: 11 -0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 1 AN ORDINANCE GRANTING TWO 2 FRANCHISE AGREEMENTS FOR OPEN 3 MARKETS ON PUBLIC PROPERTY 4 5 WHEREAS, the City Council adopted an ordinance on May 3, 2022 granting 6 franchise agreements for Old Beach Art Market and Old Beach Farmers Market 7 (collectively, "Franchisees") to operate on the 600 block of 19th Street, on Cypress 8 Avenue between 181h and 19th Streets, and in ViBe Park; 9 10 WHEREAS, the franchise agreements had a term of one year, with the option for 11 two additional one-year extensions, and the markets operated on Saturdays only; 12 13 WHEREAS, Old Beach Art Market and Old Beach Farmers Market operated 14 open air markets in the public right-of-way from 2022 until 2025; 15 16 WHEREAS, Old Beach Art Market and Old Beach Farmers Market wish to 17 continue operating markets on public property under the same terms as the previous 18 franchise agreements; 19 20 WHEREAS, the term of the proposed franchise agreements is one year, 21 commencing on June 1, 2025, and ending on May 31, 2026, with the option for two one- 22 year renewals upon the mutual written agreement of the City and the Franchisees; and 23 24 WHEREAS, the Resort Advisory Commission, as well as Police, Fire, EMS, 25 Public Works, and the Resort Management Office, reviewed and approved the 26 proposed dates and locations of operation of the markets. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH: 30 31 1. That the City Council hereby authorizes the grant of two franchise agreements 32 for open markets on public property for Old Beach Art Market and Old Beach 33 Farmers Market. 34 35 2. That the City Manager, or designee, is hereby authorized to execute Franchise 36 Agreements for open air markets with Old Beach Art Market and Old Beach 37 Farmers Market in accordance with the attached Summary of Terms and such 38 other terms and conditions deemed necessary and sufficient by the City Manager 39 and in a form approved by the City Attorney. 40 Adopted by the City Council of Virginia Beach, Virginia on this 20th day of May , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4" ,Cw I 1C*42- 2 f,, lc -- Convention & Visito s Bureau City Attorney's Office CA16873 R-2 April 22, 2025 Summary of Terms Franchise Agreements for Open Markets on Public Property Franchisees: (1) Old Beach Farmers Market (2) Old Beach Art Market Nature of Franchise: Old Beach Farmers Market will operate open markets on public property in the 600 block of 18'' Street and on Cypress Avenue between 18t'and 19t' Streets. Old Beach Art Market will operate open markets on public property in ViBe Park. Term: June 1, 2025 through May 31, 2026,with the option for 2 one-year renewals. Franchisees are authorized to operate on every Saturday during the term of the agreement. Franchise Fee: $200 for the term. Non-Exclusive Franchise: The City is authorized to grant other franchises. Operational Criteria: The Agreement stipulates operational standards and safeguards such as: a. Franchisee shall design the open air market site to allow for emergency vehicle access at all times. b. Franchisee shall adhere to the operational parameters and public safety concerns established by City departments, including, but not limited to, Police, Fire, EMS, Public Works and Resort Management. This includes providing adequate DCJS certified private security personnel, certified traffic monitors, placement of approved traffic equipment, and obtaining permits required by the Health Department. C. Franchisee shall provide one portable ADA restroom facility for each one hundred and fifty (150) patrons on the premises or shall install signs on City property directing patrons to existing restrooms located in an adjacent business establishment. d. A minimum of three waste disposal containers and three recycle containers shall be installed by Franchisee on the premises. e. Franchisee shall remove all temporary structures, clean all City property and properly dispose of waste and recycle materials by 1:00 pm each day. Hold Harmless: Franchisee indemnifies and holds harmless the City for loss and liability. Right to Relocate: City has right to relocate Old Beach Farmers Market to 600 block if 190'Street at its sole discretion. Insurance: $2,000,000 combined single limits. Termination: City may terminate agreements with or without cause. 27 ITEM— V.K.4 ORDINANCES I RESOL UTIONS ITEM#77130 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED,BY CONSENT, Ordinance to ADD City Code Section 21-202 re prohibit through trucks and require signage of such prohibition on Twin Mills Road (Requested by Mayor Dyer and Vice Mayor Wilson) Voting: 11 -0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 REQUESTED BY MAYOR DYER AND VICE MAYOR WILSON 1 AN ORDINANCE TO ADD SECTION 21-202 2 TO THE CITY CODE TO PROHIBIT THROUGH 3 TRUCKS ON TWIN MILLS ROAD AND TO 4 REQUIRE SIGNAGE OF SUCH PROHIBITION 5 ON TWIN MILLS ROAD 6 7 SECTION ADDED: § 21-202 8 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 1. That Section 21-202 is hereby added to the Code of the City of Virginia Beach, 14 Virginia, and ordained to read as follows: 15 16 Sec. 21-202. No through trucks permitted on Twin Mills Road. 17 Trucks are prohibited on Twin Mills Road, except for the purpose of receiving loads or 18 making deliveries. 19 20 2. The City Manager is hereby directed to have appropriate signage placed on Twin Mills 21 Road providing the prohibition upon through trucks. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 20th day of May , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City At rn 's Office CA16886 R-2 May 9, 2025 28 ITEM— VK.S ORDINANCES/RESOL UTIONS ITEM#77131 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with ViBe District for the sale, installation and maintenance of pavers in the 18`h Street Parklet re raise funds to support public arts in the District Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE AN AGREEMENT WITH VIBE DISTRICT 3 VIRGINIA BEACH FOR THE SALE, INSTALLATION, AND 4 MAINTENANCE OF PAVERS IN THE 18T" STREET 5 PARKLET TO RAISE FUNDS TO SUPPORT PUBLIC ARTS 6 IN THE VIBE CREATIVE DISTRICT 7 8 WHEREAS, the City Council adopted an ordinance on April 14, 2015, establishing 9 the ViBe Creative District for the purpose of attracting creative industries to Virginia 10 Beach, encouraging creative activities, attracting new establishments where creative 11 activities take place, and establishing a framework for broadening economic development 12 through creative endeavors; 13 14 WHEREAS, shortly thereafter, ViBe District Virginia Beach, a nonprofit corporation 15 ("Nonprofit"), was established to fundraise for and execute the mission of the ViBe 16 Creative District; 17 18 WHEREAS, April 2025 marks the 10-year anniversary of the establishment of the 19 ViBe Creative District; 20 21 WHEREAS, the Nonprofit planned a tenth anniversary celebration with various 22 initiatives, including human interest stories, business milestones, and fundraising efforts 23 to create a sustainable future for the ViBe Creative District; 24 25 WHEREAS, the Nonprofit is requesting permission to sell, install, and maintain 26 pavers in the 18th Street Parklet; 27 28 WHEREAS, the Nonprofit worked with City planners to identify an appropriate 29 location within the 18th Street corridor to install the pavers; 30 31 WHEREAS, the Nonprofit proposes to retain the revenue from the sale of the 32 pavers to support public art and events in the ViBe Creative District; 33 34 WHEREAS, the Nonprofit will be responsible for selling, engraving, installing, and 35 maintaining the pavers; 36 37 WHEREAS, the agreement between the City and the Nonprofit will require the 38 Nonprofit to hire a licensed, bonded, and insured contractor to install the pavers on City 39 property; 40 41 WHEREAS, the Nonprofit or its contractor will be required to obtain all necessary 42 rights-of-way permits from the City prior to installation; 43 44 WHEREAS, the agreement will also require the Nonprofit to maintain the pavers 45 at its sole cost and expense; and 46 47 WHEREAS, the agreement does not require any City funding and the City is not 48 required to maintain the pavers. 49 50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 51 VIRGINIA BEACH, VIRGINIA: 52 53 That the City Council hereby authorized the City Manager or his designee to 54 execute an agreement with ViBe District Virginia Beach for the sale, installation, and 55 maintenance of pavers in the 18th Street Parklet to raise funds to support public arts in 56 the ViBe Creative District, subject to the terms and conditions of the agreement and all 57 applicable ordinances and resolutions, in a form approved by the City Attorney. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 20th day of May , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 6" I,-'a4JW L--- Cultural A airs Department City Attorney's Office CA16863 R-1 March 20, 2025 SUMMARY OF TERMS AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND VIBE DISTRICT VIRGINIA BEACH FOR THE SALE,INSTALLATION,AND MAINTENANCE OF PAVERS Parties to Agreement: 1)City of Virginia Beach("City") 2)ViBe District Virginia Beach("VDVB") Purpose: VDVB will sell brick pavers to the public as a fundraising effort to support the mission of the ViBe Creative District in Virginia Beach. Pavers will be installed on City property located at 613 181' Street in the ViBe District,the 18a' Street Parklet("Premises") Term: Effective upon execution of agreement for a period of two years. Agreement may be renewed upon written agreement for consecutive one-year periods. VDVB Rights and Responsibilities: • Authorized to sell pavers and retain all revenue. • Revenue will be used to directly support public art programming in Virginia Beach. • Responsible for installation of pavers on the Premises. • May hire a third-party contractor to perform installation. • Solely responsible for maintenance of pavers. City Rights and Responsibilities: • City will own pavers upon installation and dedication. • No obligation to replace pavers if damaged. Insurance Requirements: VDVB shall maintain comprehensive general liability insurance in the amount of $2 million combined single limit and all other policies required by Risk Management. City to be named as additional insured on policy. Indemnity: VDVB shall indemnify the City, its officers, employees and agents from and against any and all claims, demands, costs, etc., including, without limitation, reasonable attorney's fees and costs of defense. 29 ITEM— V K.6 ORDINANCES/RESOLUTIONS ITEM#77132 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into City-owned property known as Bass Inlet East and a 10' City-owned public drainage easement at the rear of 2913 Sandpiper Road re construct and maintain timber ,floatingpier,a timber floatingpier with an aluminum gangway,and maintain a vinyl bulkhead DISTRICT 2 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 1 Requested by Department of Public Works 2 3 AN ORDINACE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 CITY-OWNED PROPERTY KNOWN AS 6 BASS INLET EAST AND INTO A 10' 7 CITY-OWNED PUBLIC DRAINAGE 8 EASEMENT, LOCATED AT THE REAR 9 OF 2913 SANDPIPER ROAD. 10 11 WHEREAS, Frank Mortimer Kelly, Jr. and Suzanne Charlene Kelly, Trustees 12 of the Kelly Family Trust, dated February 4, 2016, and any amendments thereto 13 (collectively, the "Applicant"), request permission to construct and maintain a 24' X 20.4' 14 timber pier, a 20' x 10' timber floating pier with a 3' x 12' aluminum gangway, and to 15 maintain an existing 81.V vinyl bulkhead, (collectively, the"Temporary Encroachment") into 16 City-owned property known as Bass Inlet and into a 10' City-owned public drainage 17 easement, located at the rear of 2913 Sandpiper Road (GPIN: 2433-34-4841); and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 20 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 21 the City's property and easements subject to such terms and conditions as Council may 22 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, Frank Mortimer Kelly Jr., and 29 Suzanne Charlene Kelly, Trustees of the Kelly Family Trust, dated February 4, 2016 and 30 any amendments thereto, its heirs, assigns and successors in title are authorized to 31 construct and maintain the Temporary Encroachment within the City's property and 32 easement as shown on the map entitled: "EXHIBIT 'A' - ENCROACHMENT REQUEST 33 FOR AN EXISTING VINYL BULKHEAD, PROPOSED TIMBER PIER, TIMBER FLOATING 34 PIER AND AN ALUMINUM GANGWAY FOR: KELLY FAMILY TRUST 2913 SANDPIPER 35 ROAD, VIRGINIA BEACH, VA 23456 SANDBRIDGE BEACH LOT 80A, RESUB OF LOT 36 80 & 10' STRIP TRACT C, SECTION 1 M.B. 41, PG. 7," Scale: 1" = 30', dated November 37 18, 2024, prepared by Stone Green Consulting, LLC, a copy of which is attached hereto as 38 Exhibit "A" and on file in the Department of Public Works and to which reference is made 39 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 the Applicant (the "Agreement"), an unexecuted copy of which has 44 been presented to the Council in its agenda and will be recorded among the records of the 45 Clerk's Office of the Circuit Court of the City of Virginia Beach. 46 47 BE IT FURTHER ORDAINED, that the City Manager or his authorized 48 designee is hereby authorized to execute the Agreement; and 49 50 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 51 such time as Frank Mortimer Kelly Jr., and Suzanne Charlene Kelly, Trustees for the Kelly 52 Family Trust, dated February 4, 2016 and any amendments thereto and the City Manager 53 or his authorized designee execute the Agreement. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th 56 day of May , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUB IC / L ESTATE A . H RM YER DEP TY C ATTORNEY CA16714 R-2 Prepared: 04/09/2025 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d009\p051\01039091.doc KELLY ENCROACHMENT EXHIBIT z a BASS INLET(EAST) PROPOSED TIMBER F u 3 NOW OR FORMERLY FLOATING PIER&3'x12' 0 Z z v CITY OF VIRGINIA BEACH ALUMINUM GANGWAY u2 0 W GPIN:2433-33-0267 o a - M.B.72 P.2 1-4 Ln 2 rn 81.1'BULKHEAD PROPOSED TIMBER PIER INST:2024070000 10 13.2' H 52.2' 14.6' BASS INLET EAST 20' 24' o —EBB O - Nt9 se t2 w �•—v a0.00• FLOOD No �'., MHW.., -"- -••-••-• MLW EXISTING PIER EXISTING PIER ' - - - - -_ BULKHEAD -- - I :1 in w J N O i PAVERS i '�' '� Q 'E ,o o I I I 10 PUBLIC DRAINAGE EASEMENT Lu m Q 0 �j (INST: 202407000010) o = �; Z m 3' EASEMENT FOR w vm N --I i POOL i DRAINAGE&UTILITY - OOaNN I (M.B.41P.7) Z � ZOZ �_: I i PATIO � O Lu i ; LOT 81 A NOW OR FORMERLY uj � i i STEPHEN L. &THERESE A.ADAMS :z GPIN:2433-34-4826 I LOT 80A i I o INST: 20190214000124080 I 'v LOT 79 r\I i NOW OR FORMERLY I I p,L T H p KELLY FAMILY TRUST I ono= ��� F NOW OR FORMERLY of i GPIN:2433-34 4841 i j m O LAURA M.ELLIS Un i INST:202403034132 GPIN:24vs 34 4772 j l M.B.41, PG. 7 I j c' Z_ 20080804000917300 i F " SEAN E. GREEN n M.B.41,PG. 7 I ; ; I Lic. No. 0402064005 0 C Qz w � 1 00 gitally signed by Green I I lb, Sea I = onegreenc s ting gmail.co I I ' G=Sean,SN=Green,C=US 80.00 PF__ Date:2025.05.01 16:41:55-04'00' SANDPIPER ROAD 60'RIGHT-OF-WAY 265'TO CHUB LANE M.B.41,PG. 7 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HERON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 30 60 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING VINYL BULKHEAD, PROPOSED TIMBER PIER, SCALE: 1"=30' TIMBER FLOATING PIER AND AN ALUMINUM GANGWAY ENGINEERING SERVICES PROVIDED BY: FOR: KELLY FAMILY TRUST STONE GREEN CONSULTING, LLC 2913 SANDPIPER ROAD,VIRGINIA BEACH,VA 23456 4014 MEDINA ROAD#1015,AKRON,OH 44333 SANDBRIDGE BEACH (330)400-3811 COA:0407008328 LOT 80A, RESUB OF LOT 80& 10'STRIP TRACT C,SECTION 1 ©2024 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B.41, PG. 7 NOVEMBER 18,2024 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 day of 2025, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and FRANK MORTIMER KELLY, JR., and SUZANNE CHARLENE_KELLY, TRUSTEES OF THE KELLY FAMILY TRUST, dated February 4, 2016, and any amendments thereto, ITS HEIRS, ASSIGNS AND SUCCESSORS IN DEED, 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 "80", as shown on that certain plat entitled: "RESUBDIVISION OF LOT 80A, TRACT B — SECTION 3 — TRACT B-C — TRACT C — SECTION 1 SANDBRIDGE BEACH (M.B. 41, P. 7) AND A PORTION OF 10' STRIP SANDBRIDGE SHORES SECTION 1A — SOUTH AREA (M.B. 72, P.2) VIRGINIA BEACH, VIRGINIA" Scale: 1" = 20', dated September 28, 2023, prepared by WPL Landscape Architecture, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument #202407000010, and being further designated, known, and described as 2913 Sandpiper Road, Virginia Beach, Virginia 23456 GPINS: 2433-33-0267 (CITY PROPERTY KNOWN AS BASS INLET AND A 10' CITY-OWNED DRAINAGE EASEMENT) 2433-34-4841 (2913 SANDPIPER ROAD) WHEREAS, it is proposed by the Grantee to construct and maintain a 24' X 20.4' timber pier', a 20' X 10' timber floating pier with a 3' x 12' aluminum gangway, and to maintain an 81.1' vinyl bulkhead, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City-owned property known as Bass Inlet East and into a 10' City-owned public drainage easement, collectively, the "Encroachment Area"; and WHEREAS, the Grantee requests 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 REQUEST FOR AN EXISTING VINYL BULKHEAD, PROPOSED TIMBER PIER, TIMBER FLOATING PIER AND AN ALUMINUM GANGWAY FOR: KELLY FAMILY TRUST 2913 SANDPIPER ROAD, VIRGINIA BEACH, VA 23456 SANDBRIDGE BEACH LOT 80A, RESUB OF LOT 80 & 10' STRIP TRACT C, SECTION 2 1 M.B. 41, PG. 7," Scale: 1" = 30', dated November 18, 2024, prepared by Stone Green Consulting, LLC, a copy of which is attached hereto as Exhibit "A" and which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 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. 3 It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 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 4 this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, FRANK MORTIMER KELLY JR. AND SUZANNE CHARLENE KELLY, TRUSTEES OF THE KELLY FAMILY TRUST, DATED FEBRUARY 4, 2016 AND ANY AMENDMENTS THERETO, the said Grantees, have caused this Agreement to be executed by its 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 , 2024, 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 , 2025, 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 FRANK MORTIMER KELLY JR. AND SUZANNE CHARLENE KELLY, TRUSTEES OF THE KELLY FAMILY TRUST, dated February 4, 2016, and any amendments thereto By: 4111 '/ 1111-tA Frank MortimeoellJr., Trustee L41a4� TAU4� By: Suza e Charlene Ke ly Trustee STATE OF Vfftttt*A AlAP7tOAA CITY/COUNTY OFPro ar[*L ?k to-wit: The foregoing instrument was acknowledged before me this _�_ day of /ill , 2025, by Frank Mortimer Kelly Jr. and Suzanne Charlene Kelly, Trustees of the Kelly Family Trust, dated February 4, 2016, and any amendments thereto. Not (A44� (SEAL) ic N „ , ,,,,,,. My Notary Registration Number: ,:'''2.?;G0MM E�A.;SF '•1, My Commission Expires: (.1/ 1202 y t °;' �otARy ';o s 01300 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL ''9�o '� 24. SUFFICIENCY AND FORM „Co�,a.• P LIC KS - REAL ESTATE DANA HARMEYER DEPUTY CITY ATTORNEY 7 KELLY ENCROACHMENT EXHIBIT PROPOSED TIMBER z 'a BASS INLET(EAST) a Z NOW OR FORMERLY FLOATING PIER&3'x12' p Z v CITY OF VIRGINIA BEACH ALUMINUM GANGWAY LL w < w GPIN:2433-33-0267 o d in M.B. 72 P.2 2 ui r1 81.1' BULKHEAD PROPOSED TIMBER PIER 13.2' INST:202407000010 52 2' 14.6' - BASS INLET EAST `` 20 24' r r o N 19'58'12'W —EBB o — _ v 80.00• FLOOD—� not �''�.. MHW.� —"— MLW EXISTING PIER ----------- — ----- -- EXISTING PIER _QX_VINYL BULKHEAD -- __—, in v J < N o i PAVERS Q c 2 o o I I I 10 PUBLIC DRAINAGE EASEMENT O 10 O'Il 'I (IN ST: 2024070 000 10)� ' TFOR o u- Z " 3EASEMEN ,) DRAINAGE&UTILITY w — 00 N 0 I i I (M.B.41 P.7) Z Z O Z I PATIO I I 00 _j a. ,,, LOT 81 A P: ulv Z w 0 i NOW OR FORMERLY Lu I I STEPHEN L. &THERESE A.ADAMS Z GPIN: 2433-34-4826 . I LOT 80A o INST: 20190214000124080 ( i NOW OR FORMERLY i � NL T H 0 LOT 79 v, I KELLY FAMILY TRUST F NOW OR FORMERLY r�l I GPIN:2433-34-4841 I 'm O LAURA M.ELLIS INST:202403034132 � GPIN:243 34-4772 i i M.B.41, PG. 7 i p Z 20080804000917300 ; " SEAN E. GREEN n M.B. 41, PG. 7 Lic. No. 0402064005 � gitally signed by Sean Green I I w _ Fly CNpSearyGreh I I E`'ffi 0negreencbnsd(ting@gmail.co G=Sean,SN=Green,C=US 19`12'1: "LE _ 80_00'___j PF Da_te_:2025.05.01 16:41:55-04,00, SANDPIPER ROAD 60' RIGHT-OF-WAY 265'TO CHUB LANE M.B.41, PG. 7 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HERON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 30 60 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN EXISTING VINYL BULKHEAD, PROPOSED TIMBER PIER, SCALE: 1"=30' TIMBER FLOATING PIER AND AN ALUMINUM GANGWAY ENGINEERING SERVICES PROVIDED BY: FOR: KELLY FAMILY TRUST STONE GREEN CONSULTING, LLC 2913 SANDPIPER ROAD,VIRGINIA BEACH, VA 23456 4014 MEDINA ROAD#1015, AKRON, OH 44333 SANDBRIDGE BEACH (330)400-3811 COA:0407008328 LOT 80A, RESUB OF LOT 80& 10' STRIP TRACT C, SECTION 1 ©2024 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B.41, PG. 7 NOVEMBER 18, 2024 30 ITEM— V.K.7 ORDINANCES I RESOL UTIONS ITEM#77133 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED,BY CONSENT,Resolution to AMEND Resolution 04310, which authorized and directed the City Manager to execute an Intergovernmental Agreement between the Virginia Department of Forestry and the City repurchase of Agricultural Reserve Program (ARP)Easements Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 1 AN RESOLUTION TO AMEND 2 RESOLUTION 04310, WHICH 3 AUTHORIZED AND DIRECTED THE 4 CITY MANAGER TO EXECUTE AN 5 INTERGOVERNMENTAL 6 AGREEMENT BETWEEN THE 7 VIRGINIA DEPARTMENT OF 8 FORESTRY AND THE CITY OF 9 VIRGINIA BEACH REGARDING THE 10 PURCHASE OF AGRICULTURAL 11 RESERVE PROGRAM EASEMENTS 12 13 WHEREAS, on March 4, 2025, the City Council of the City of Virginia Beach 14 adopted Resolution 04310, which authorized and directed the City Manager to execute 15 an intergovernmental agreement between the Virginia Department of Forestry ("VDOF") 16 and the City of Virginia Beach ("City"), dated January 1, 2025, regarding the purchase of 17 Agricultural Reserve Program ("ARP") easements, up to a cumulative amount of 18 $161,128.57; 19 20 WHEREAS, after the adoption of Resolution 04310, but before execution of the 21 agreement, VDOF advised City staff that the cumulative maximum amount of funds 22 allocated to the City was incorrectly reflected in the agreement; 23 24 WHEREAS, VDOF provided an amended agreement which reflects the correct 25 cumulative maximum amount of funds allocated to the City; 26 27 WHEREAS, pursuant to the amended agreement, VDOF agrees to reimburse the 28 City for certain costs incurred by the City in the course of purchasing ARP easements, 29 up to a cumulative amount of $73,628.57 for a period of two (2) years from the date of 30 the agreement; 31 32 WHEREAS, the corrected cumulative amount of funds allocated to the City 33 represents a substantial change in the agreement, City Council approval is required 34 prior to execution of the amended agreement; 35 36 WHEREAS, a copy of the proposed amended agreement between the City and 37 VDOF, entitled "Intergovernmental Agreement Between Virginia Department of Forestry 38 and City of Virginia Beach" ("Agreement") is on file in the City Clerk's Office; 39 40 WHEREAS, an amended Summary of Terms of the said Agreement is attached 41 hereto as Exhibit A; and 42 43 WHEREAS, the City Council finds that the terms of the said Agreement are fair 44 and reasonable and would be a significant benefit to the City and its citizens by 45 providing an additional source of funds for the purchase of ARP easements. 46 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 47 VIRGINIA BEACH, VIRGINIA: 48 49 That the City Manager is hereby authorized to execute the amended 50 Intergovernmental Agreement between the Virginia Department of Forestry and the City 51 of Virginia Beach, so long as the terms are in accordance with the Summary of Terms 52 attached hereto as Exhibit A and incorporated herein, and such other terms, conditions, 53 or modifications as may be acceptable to the City Manager and in a form deemed 54 satisfactory by the City Attorney, and to take such measures as are necessary or 55 advisable to implement the Agreement. 56 57 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 58 VIRGINIA BEACH: 59 60 That the City Council hereby expresses its appreciation to the Governor, the 61 General Assembly and the Virginia Department of Forestry for their continued 62 commitment to the preservation of agriculture within the Commonwealth of Virginia and 63 the City of Virginia Beach. 64 65 Except as modified herein, Resolution 04310 shall remain in full force and effect. 66 67 Adopted by the Council of the City of Virginia Beach, Virginia, on the20th day 68 of May , 2025. CA16727 R-1 PREPARED: May 5, 2025 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM Department of Agriculture City Attorn y EXHIBIT A Summary of Terms Intergovernmental Agreement between Virginia Department of Forestry and the City of Virginia Beach (the "Agreement") Parties: The City of Virginia Beach (the "City") and the Virginia Department of Forestry ("VDOF"). Background: Since 2008, the City has been approved to receive a total of $2,549,412.95 from Virginia Department of Agriculture and Consumer Services ("VDACS") for reimbursement of costs associated with purchasing easements under the City's Agricultural Reserve Program ("ARP"), as follows: 6/24/08 — $ 403,219.75 1/27/09 — 49,900.00 2/23/10 — 93,932.19 2/22/11 — 12,500.00 6/14/11 — 54,247.37 1/24/12 — 110,952.46 1/22/13 — 160,715.64 3/11/14 — 149,678.46 2/24/15 — 286,983.46 2/02/16 — 411,890.87 2/07/17 - 86,950.00 2/20/18 - 61,615.23 6/6/19 - 111,618.52 2/18/20 - 58,333.00 4/19/22 - 156,476.00 2/21/23 - 175,000.00 2/20/24 - 165,400.00 In 2024, the General Assembly transferred the duties of the office of Working Lands Preservation from VDACS to VDOF. City is now eligible to receive an additional $73,628.57 in VDOF funds. VDOF Responsibilities: VDOF will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $73,628.57 under the Agreement. Reimbursable items include: • cost of Treasury STRIPS acquired to purchase the easement • title insurance • appraisals • physical surveys • reasonable attorney's fees • public notices • recordation fees Maximum reimbursement for a single purchase is equal to 50% of the sum of the amounts actually paid by the City for the purchase price of the easement and reimbursable costs. City of Virginia Beach Responsibilities: • Obtain title insurance on City's purchased interest that covers an amount at least equal to the amount for which City requests reimbursement from VDOF. • Utilize state funds to further protect agricultural lands by purchasing development rights to preserve working farm or forest lands. • Submit an annual progress report to VDOF each year that the Agreement is in effect to: (i) describe any prospective properties and the status of any negotiations; (ii) provide estimated timeframes for execution of purchase agreements; (iii) describe City's public outreach program designed to educate various stakeholders; (iv) describe City's development and maintenance of a monitoring program; and (v) describe how City is continually evaluating the effectiveness of the ARP program. • Enforce terms of each ARP easement. • If City sells development rights back to the property owner, City must reimburse VDOF in an amount proportional to the VDOF contribution toward the total reimbursable cost of acquiring the ARP easement. • Within 30 days of execution of the Agreement, City shall have available local funds greater than or equal to the allocation amount for the purpose of purchasing ARP easements. Duration and Termination: • Term is two years from the date of the Agreement (January 1, 2025 through January 1, 2027). • City may be recertified as eligible for future funding, but not guaranteed. • The Agreement may be terminated if the City fails to perform any of its obligations under the terms of the Agreement. 2 • If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other Purchase of Development Rights programs. 3 31 ITEM— V.K.8 ORDINANCES/RESOLUTIONS ITEM#77134 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Resolution to REQUEST the Virginia Department of Wildlife Resources (DWR) to AUTHORIZE the City to DESIGNATE,POST and ENFORCE the section ofLinkhorn Bay in the vicinity of Quail Point Road and Bingham Street as a "No Wake"Zone Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF WILDLIFE RESOURCES TO AUTHORIZE VIRGINIA BEACH TO DESIGNATE, POST AND ENFORCE THE SECTION OF LINKHORN BAY IN THE VICINITY OF QUAIL POINT ROAD AND BINGHAM STREET AS A "NO WAKE" ZONE WHEREAS, the marked navigable channels of Linkhorn Bay ("Bay") are near residential properties; WHEREAS, the use of the Bay by recreational boaters in the channel, at times, create dangerous and destructive wakes; WHEREAS, the wake created by these boaters endangers persons operating smaller watercraft and persons using the bay for recreational purposes; WHEREAS, because of these problems various property owners along the Bay have requested that the area be designated and posted a "NO WAKE" zone; WHEREAS, the bay is under the regulatory jurisdiction of the Commonwealth of Virginia Department of Wildlife Resources ("VDWR"); and WHEREAS. the VDWR has indicated its willingness to authorize the City of VirginiF Beach to post and enforce a"NO WAKE"zone in this area of the bay upon the completion of public notice, a favorable recommendation by the City Council, the submission of a completed application, and safety inspection of the area; and WHEREAS, the Police Marine Patrol will accept and enforce the new `NO WAKE" zone upon a favorable recommendation by the City Council, and the approval of the application by the VDWR. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1) That City Council hereby recommends that the VDWR authorize the City of Virginia Beach to designate, post, and enforce as a "NO WAKE" zone that section of Linkhorn Bay in the vicinity of Quail Point Road and Bingham Street at the following latitude and longitude coordinates: 36.863379, -76.014276 and 36.862661, -76.014175 set forth in the attached map, Exhibit A; and 2) That the City Manager(or his designee) is hereby authorized and directed to submit an application to the VDWR for such authority, and to include therewith such information and documentation as may be required. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20 day of May , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Works City Attorneys Office CAI 6874 R-1 April 9, 2025 Exhibit A Proposed No Wake Buoys at Quail Point Rd/ Bingham St �'9 -_ N 08 249480070000 6.00pp 0`` D g39912 _ � 0 _ _ - M 39708000 0 ^^ 210,9, 74180305190000 0 24089355810000 24089363440000 O ( .863379<�� - 36 -76.014276 24088363940000 CDQJ M89333060000 , j 24088382790000 2408834224088352580000 -24089311390000 240893S2 24088372420000 24088321560000 �' - O(36.862661, -76.014175) 24088351860000 24088391200000A. 24(�89331640C 0(36.862661, -76.014175) 24088341300000 24088360920000 �9p�200q 24089299220000 0000 \� 24088259460000, is 3 g `Ev9 24088228560000 `- 24088299620000 ,' ! r'� �19g50000 n, rAM279420000,' 24088249010000` 24088298320000 ^' ` 24088278520000 NAO,, �;P o i gCY � 7 24088247380000 240892182 I y 0 sb� � .�` �24882323000 ,j % 24088266500000 � 2?4411880022116�03 0000 Q 240892�5 b ,24088255170000 24088235720000 24088285730000 24089225720060 a6 c 24088264890000'tts"0 $ c 24088254440000j,1- i24088294420000 jf �gG'" 0 ` p 241g0224290000 24088253430000• �_ 1A3 62631 24088262460000='24088292390000 `� 20 �` o 0. ' 7p" `24089292000000 62 24088232870000 Q: 1 t 24088251430000vx�9 �828 24180211250000 a j 24088241470000 1870000 30I� ti aP'�� ,.14'v A / ��a 24089261940000 24101'�� l 24088221000000 2j02A� 090000'' ry 24089290340000 1, 24088220910000 '`*)88260910000' ' t $ ZA0�1� _. 2408814913000024088169130000 - ` `1 24089138000000 24088188050000�24089108850000 24089168050000 241801180300 p,2g1g013882� 24088148110000 24089107730000 � 142:�nl%470600 24088146670000 24088187220000 24089147780000- 24688127390000 24088176020000 24089106050000 ; 24089146200000b 24186116970000 24180146330000 0 0.03 0.06 0.11 Miles Legend CITY OF VIRGINIA BEACH Proposed No Wake Buoy JIM . Public -� Works Property Lines 32 ITEM— V K.9 ORDINANCES/RESOL UTIONS ITEM#77135 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED,BY CONSENT,Resolution to REFER to Planning Commission the proposed amendments to the City Zoning Ordinance re Short Term Rentals requirements and penalties Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION THE PROPOSED AMENDMENTS TO THE 3 CITY ZONING ORDINANCE PERTAINING TO THE 4 REQUIREMENTS AND PENALTIES OF SHORT TERM 5 RENTALS 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 WHEREAS, City Council appointed the Short Term Rental Enforcement Task Force 11 (Task Force) to review the enforcement and registration process of short term rentals, 12 including grandfathered properties; 13 14 WHEREAS, the Task Force consisted of ten members representing five voting 15 districts; 16 17 WHEREAS, the Task Force met from June 2024 to October 2024, to review the 18 Short Term Rental Ordinance; 19 20 WHEREAS,the Task Force drafted 20 recommendations for City Council to consider 21 pertaining to the enforcement, permitting, and administrative processes for Short Term 22 Rentals; 23 24 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 25 VIRGINIA: 26 27 There are hereby referred to the Planning Commission, for its consideration and 28 recommendation, two amendments to the City Zoning Ordinance, pertaining to the 29 requirements and penalties of short term rentals. A true copy of such proposed 30 amendments are hereto attached. 31 32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 33 BEACH, VIRGINIA: 34 35 That the Planning Commission be, and hereby is, directed to transmit to the City 36 Council its recommendation concerning the aforesaid amendments no later than sixty(60) 37 days after the date of adoption of this Resolution. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20 th day of M a Y , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA 16808 R-2 May 12, 2025 1 AN ORDINANCE TO AMEND SECTION 241.2 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SHORT TERM RENTALS 4 5 Section Amended: § 241 .2 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA- 12 13 That Section 241.2 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 Sec. 241.2. Short term rental. 17 18 Short term rentals shall be subject to the following conditions unless specifically 19 modified by action of the city council in granting a conditional use permit or creating a 20 short term rental overlay district: 21 22 (1) Any property utilized as a short term rental shall provide adequate off-street 23 parking for its guests. A minimum of one parking space per bedroom is 24 required. If such parking cannot be provided on-site, the owner must submit a 25 parking plan indicating how the parking requirement will be met. Such plan 26 shall be reviewed and approved by the zoning administrator. Stacking of 27 vehicles shall be allowed and no on-street parking shall be part of the plan;_ 28 For grandfathered short term rental properties, no additional parking spaces 29 shall be required if the parking available on the property meets the parking 30 requirements that were applicable to the residential dwelling at the time of its 31 initial construction, provided that all grandfathered properties must have at 32 least one off-street parking space. A parking plan detailing how at least one off- 33 street parking space will be accommodated must be provided and approved by 34 the zoning administrator. 35 36 (2) No events with more than fifty (50) people present, shall be held absent a 37 special events permit. Events with more than fifty (50) people are limited to no 38 more than three (3) events in a calendar year. No more than one hundred 39 (100) people shall be present at any event held on the property; 40 41 (3) The owner or operator must provide the name and telephone number of a 42 responsible person, who may be the owner, operator or an agent of the owner 43 or operator, who is available to be contacted and to address conditions 44 occurring at the short term rental within thirty (30) minutes. Physical response 45 to the site of the short term rental is not required; 46 47 (4) No signage, except architectural signs naming the structure or other signs as 48 permitted bV Sec. 211, shall be permitted on-site, except that each short term 49 rental shall have one (1), four-square-foot sign, posted on the building, or other 50 permanent structure or location approved by the zoning administrator, that 51 identifies the property as a short term rental and provides the telephone 52 number for the Short term Rental Hotline in text large enough to be read from 53 the public street. The sign required by this section may include the owner or 54 property manager's contact information -AFGh*teGtUFal rrgRs na iiina, �e 55 ctri Gti ire ore evnli deb• y 56 57 (5) To the extent permitted by state law, each short term rental must maintain 58 registration with the commissioner of revenue's office and pay all applicable 59 taxes; 60 61 (6) There shall be posted in a conspicuous place within the dwelling a summary 62 provided by the zoning administrator of City Code sections 23-69 through 23- 63 71 (noise), 31-26, 31-27 and 31-2.8 (solid waste collection), 12-5 (fires on the 64 beach), 12-43.2 (fireworks), and a copy of any approved parking plan; 65 66 (7) All refuse shall be placed in automated refuse receptacles, where provided, 67 and comply with the requirements of City Code sections 31-26, 31-27 and 31- 68 28; 69 70 (8) A short term rental shall have no more than two (2) rental contracts during any 71 consecutive seven-day period; 72 73 (9) The owner or operator shall provide proof of liability insurance applicable to the 74 rental activity at registration and renewal of at least one million dollars 75 ($1 ,000,000.00) underwritten by insurers acceptable to the city; 76 77 (10)There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 78 a.m.; 79 80 (11)The maximum number of persons on the property after 11:00 p.m. and before 81 7:00 a.m. ("overnight lodgers") shall be three (3) individuals per bedroom; 82 83 (12)Any short term rental that has registered and paid transient occupancy taxes to 84 the commissioner of the revenue prior to July 1 , 2018 shall be considered 85 grandfathered and shall not be required to obtain a conditional use permit, but 86 must meet the conditions of this section. Any expansion of the footprint of the 87 dwelling housing the short term rental that expands the overall square footage 88 by more than twenty-five (25) percent or one thousand (1 ,000) square feet, 89 whichever is less, shall have its grandfathered status revoked and must 90 immediately come into compliance with the zoning ordinance to continue such 91 use. Grandfathered status shall run with the land. However, any grandfathered 92 short term rental that continuously remains vacant, or not used as a short term 93 rental, for a period of two (2) years or more, starting from the date of adoption 94 of this ordinance, shall lose its "grandfathered" designation; 95 96 (12.1) Any short term rental that received a conditional use permit between 97 November 1, 2019 and September 7, 2021 and that is located within a zoning 98 district where short term rentals are not a permitted or conditional use, shall be 99 considered grandfathered and shall be permitted to continue subject to the 100 conditions of subsections 241 .2(1) through (15) and (17) as modified by the 101 terms of the conditional use permit: 102 103 (13)The property owner or their representative shall provide to the city planning 104 department permission for zoning inspectors to inspect the short term rental 105 property at any time or times during the permitting process anRUally. Such 106 inspection shall include: 1) at least one fire extinguisher has been installed 107 inside the unit, in plain sight, and where it is located, 2) all smoke alarms and 108 carbon monoxide detectors are installed in accordance with the building code 109 in affect at the time of construction and interconnected. Units constructed prior 110 to interconnection requirements must have a minimum of one (1) smoke alarm 111 installed on every floor of the structure and in the areas adjacent to all sleeping 112 rooms and when activated, be audible in all sleeping rooms,-a-Rd 3) all smoke 113 alarms and carbon monoxide detectors have been inspected within the last 114 twelve (12) months, and are in good working order, and 4) a document 115 showing the required parking approved by the zoning administrator posted in 116 the unit; 117 118 Properties b managed y she term rental management GeMpanieS Gerrtifio`by 119 thidepartmentf planning shall only he required to he insnected every throe 120 (3) years. The inSpedien f9F GOMPlianGe with the requirements above shall be 121 performed by the short term rental management Gempany and be dOGUFnented 122 en a feFm preSGribed by the planning department and shall be provided GlUriRg 123 the yearly permitting nreress• 124 125 Aproperty inspection is required when an operator first applies for a short term 126 rental permit and a subsequent inspection shall occur every five years. In 127 years when an inspection is not required, the property owner or their 128 representative shall submit an attestation to the Department of Planning and 129 Community Development confirming that the short term rental is in compliance 130 with the requirements set forth in this section. If the planning department has 131 good cause to believe that a safety violation exists on the property, it shall 132 conduct an inspection prior to renewing the permit. 133 134 Properties may be inspected annually for compliance with the requirements 135 above by certified short term rental management companies or certified home 136 inspectors. The compliance inspection shall be documented on a form 137 prescribed by the planning department and shall be provided during the year! 138 permit process; 139 140 (14)Accessory structures shall not be used or occupied as short term rentals; 141 142 (15) In addition to other remedies available for violations of the city zoning 143 ordinance, upon the occurrence of a violation of the provisions of this section; a 144 violation of any local, state or federal law or regulation; a violation of a condition 145 imposed in a conditional use permit; or if the conditions for grandfathered status 146 are no longer satisfied, the city council may revoke the conditional use permit or 147 grandfathered status of a property after notice and hearing as provided in Code 148 of Virginia § 15.2-2204; provided, however, that written notice as prescribed 149 therein shall be given at least fifteen (15) days prior to the hearing; 150 151 (16)All conditional use permits issued for short term rentals shall expire five (5) 152 years from the date of adoption. The renewal process of the conditional use 153 permit will be administrative and performed by the planning department; 154 however, the planning department shall notify the city council in writing prior to 155 the renewal of any conditional use permit for a STR, where the STR has been 156 the subject of neighborhood complaints, violations of its conditions or violations 157 of any building, housing, zoning, fire or other similar codes; and 158 159 (17)A structural safety inspection report shall be provided to the city every five 5 160 three (3) years indicating all exterior stairways, decks, porches and balconies 161 with a finished height more than 30 inches above ground level have been 162 inspected by either a licensed design professional, or Class A, B, or C general 163 contractor qualified to perform such inspection, and are safe for use. The 164 report must confirm the structure has been built to the applicable residential 165 building code standards and are free of observable damage that would render 166 the structure unsafe for use. indiGate the maximum number of OGG roan+s 167 permitted on ear-"r level of these StFa ,rGS and plaGards indTEatiRg the 168 MaXiMUM Rumber Of GGGUpantsexterior staiRNays, deGks, P0FGheS and 169 balconies must he posterineAGh level of these s+ri G Tres 170 171 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 172 of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA16807 R-3 March 10, 2025 1 AN ORDINANCE TO AMEND SECTION 104 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SHORT TERM RENTAL 4 VIOLATIONS 5 6 Section Amended: § 104 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 104 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 104. Violations and penalties. 18 19 (a) Except as provided in subsection (b), any person who violates any of the provisions 20 of this ordinance shall, upon conviction thereof, be guilty of a misdemeanor 21 punishable by a fine of not more than one thousand dollars ($1,000.00). If the 22 violation is uncorrected at the time of the conviction, the court shall order the violator 23 to abate or remedy the violation in compliance with this ordinance, within a time 24 period established by the court. Failure to remove or abate a violation within the 25 specified time period shall constitute a separate misdemeanor offense punishable by 26 a fine of not more than one thousand dollars ($1 ,000.00); and any such failure 27 during a succeeding ten-day period shall constitute a separate misdemeanor offense 28 punishable by a fine of not more than one thousand five hundred dollars ($1 ,500.00); 29 and any such failure during any succeeding ten-day period shall constitute a 30 separate misdemeanor offense for each ten-day period punishable by a fine of not 31 more than two thousand dollars ($2,000.00). 32 33 (b) Any person who violates any provision of Part B of Article 2, jeeti 241 .2, SeGtien 34 2303,or the use regulations regarding only short term rentals, of the City Zoning 35 Ordinance hereof shall be assessed a civil penalty in the amount of two hundred 36 dollars ($200.00) for the initial summons and not more than five hundred dollars 37 ($500.00) for each additional summons. The assessment of a civil penalty shall not 38 preclude the institution of a civil action by the zoning administrator pursuant to 39 section 103(a) of this ordinance, but no such violation shall, unless it results in injury 40 to any person, be prosecuted as a criminal misdemeanor, provided however that 41 when such civil penalties total five thousand dollars ($5,000.00) or more, the 42 violation may be prosecuted as a criminal misdemeanor. 43 44 (c) The zoning administrator or his or her designee may issue a civil summons as 45 provided by law for a violation. Any person summoned or issued a ticket for a 46 violation may make an appearance in person or in writing by mail to the city 47 treasurer prior to the date fixed for trial in court. Any person so appearing may enter 48 a waiver of trial, admit liability, and pay the civil penalty established for the offense 49 charged. Such persons shall be informed of their right to stand trial and that a 50 signature to an admission of liability will have the same force and effect as a 51 judgment of court. If a person charged with a scheduled violation does not elect to 52 enter a waiver of trial and admit liability, the violation shall be tried in the general 53 district court in the same manner and with the same right of appeal as provided by 54 law. In any trial for a violation, it shall be the burden of the zoning administrator or 55 his or her designee to show the liability of the violator by a preponderance of the 56 evidence. If the violation remains uncorrected at the time of the admission of liability 57 or finding of liability, the court may order the violator to abate or remedy the violation 58 in order to comply with the zoning ordinance. Except as otherwise provided by the 59 court for good cause shown, any such violator shall abate or remedy the violation 60 within a period of time as determined by the court, but not later than six months of 61 the date of admission of liability or finding of liability. Each day during which the 62 violation continues after the court-ordered abatement period has ended shall 63 constitute a separate offense. An admission of liability or finding of liability shall not 64 be a criminal conviction for any purpose. 65 66 (d) Each day during which the violation is found to have existed shall constitute a 67 separate offense. However, specified violations arising from the same operative set 68 of facts shall not be charged more frequently than once in any ten-day period, and a 69 series of specified violations arising from the same operative set of facts shall not 70 result in civil penalties which exceed a total of five thousand dollars ($5,000.00). 71 Civil penalties shall not accrue or be assessed for a period of thirty (30) days after 72 the issuance of a notice of violation from the zoning administrator or during the 73 pendency of an appeal to the board of zoning appeals. 74 75 (e) This section shall not apply to (i) activities related to land development; (ii) 76 violations of sections 215 and 216 of this ordinance; (iii) violations relating to the 77 posting of signs on public property or public rights-of-way; or (iv) violations resulting 78 in injury to any person or persons. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA16810 R-1 January 28, 2025 33 ITEM— VX 10 ORDINANCES/RESOLUTIONS ITEM#77136 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRLATE$3,055,930 from the Federal Department of Housing and Urban Development and APPROPRIATE $342,597 of existing Housing Choice Voucher (HCJq fund balance to the FY 2024-25 Department of Housing and Neighborhood Preservation Operating Budget re support the Housing Choice Voucher Program Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 ADDITIONAL FUNDS WITHIN THE FY 2024-25 3 DEPARTMENT OF HOUSING AND NEIGHBORHOOD 4 PRESERVATION BUDGET TO SUPPORT THE HOUSING 5 CHOICE VOUCHER PROGRAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1) $3,055,930 is hereby accepted from the Federal Department of Housing and 11 Urban Development and appropriated, with revenue increased accordingly, to 12 the FY 2024-25 Operating Budget of the Department of Housing & 13 Neighborhood Preservation as part of the Housing Choice Voucher (HCV) 14 program, in the following amounts, and for the following purposes: 15 16 a. $2,898,527 to support rental housing assistance payments. 17 18 b. $157,403 to support HCV program operations. 19 20 2) $342,597 of existing HCV fund balance is hereby appropriated from the Federal 21 Department of Housing and Urban Development, with revenue increased 22 accordingly, to the FY 2024-25 Operating Budget of the Department of Housing 23 & Neighborhood Preservation to support Housing Choice Voucher program 24 operations. Adopted by the Council of the City of Virginia Beach, Virginia on the 20 t h day of May , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Att rney's Office CA16885 R-1 May 8, 2025 34 ITEM— V K.I1 ORDINANCES I RESOL UTIONS ITEM#77137 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $120,000 from the Virginia Department of Criminal Justice (DCJS) as part of the "Operation Ceasefire"grant to the FY 2025-26 Police Department Operating Budget re support initiatives to reduce violent crime and eliminate cycles of violence Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO REDUCE VIOLENT CRIME AND ELIMINATE 3 CYCLES OF VIOLENCE 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 $120,000 is hereby accepted from the Virginia Department of Criminal Justice 9 Services as part of the "Operation Ceasefire" grant and appropriated, with revenues 10 increased accordingly, to the FY 2025-26 Operating Budget of the Police Department to 11 support initiatives to reduce violent crime and eliminate cycles of violence. The City 12 makes no representation that it will replace any equipment purchased with grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of May , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: LL a Alb — �0, B dget and Management Services Ci y ttor dey's Office CA16887 R-1 May 8, 2025 35 ITEM— V.K.12 ORDINANCES/RESOLUTIONS ITEM#77138 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPR]ATE $155,952 from the Commonwealth to the FY 2025-26 Commonwealth's Attorney Operating Budget and AUTHORIZE two (2)full-time Attorney positions effective July 1,2025 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE COMMONWEALTH AND AUTHORIZE TWO 3 FULL-TIME ATTORNEY POSITIONS WITHIN THE FY 2025- 4 26 BUDGET OF THE OFFICE OF THE COMMONWEALTH'S 5 ATTORNEY 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1 . $155,952 is hereby accepted from the Commonwealth and appropriated to the 11 Office of the Commonwealth's Attorney's FY 2025-26 Operating Budget. 12 13 2. Two full-time attorney positions are hereby authorized within the FY 2025-26 14 Operating Budget of the Office of the Commonwealth's Attorney. 15 16 3. The effective date of this ordinance is July 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of May , 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 y rney's Office CA16882 R-1 May 8, 2025 36 ITEM— VE13 ORDINANCES/RESOL UTIONS ITEM#77139 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $51,509 from the Commonwealth to the FY 2025-26 Clerk of Circuit Court's Operating Budget and AUTHORIZE one (1) full-time Deputy Clerk position effective July 1, 2025 Voting: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE COMMONWEALTH AND AUTHORIZE ONE 3 FULL-TIME DEPUTY CLERK POSITION WITHIN THE FY 4 2025-26 BUDGET OF THE CLERK OF THE CIRCUIT 5 COURT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1. $51,509 is hereby accepted from the Commonwealth and appropriated to the Clerk 11 of the Circuit Court's FY 2025-26 Operating Budget. 12 13 2. One Full-Time Deputy Clerk Position is hereby authorized within the FY 2025-26 14 Operating Budget of the Clerk of the Circuit Court. 15 16 3. The effective date of this ordinance is July 1 , 2025. Adopted by the Council of the City of Virginia Beach, Virginia on the 20 t h day of May , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Ci y At&ney's Office CA16883 R-1 May 8, 2025 37 ITEM— V.K.14 ORDINANCES I RESOL UTIONS ITEM#77140 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $143,084.32 and $3,861.69 from the Federal Emergency Management Agency(FEMA)to the FY 2024-25 Fire Department Operating Budget re mobilization and administration of Virginia Task Force 2 for the Kentucky severe weather deployment Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR COSTS RELATED TO THE KENTUCKY SEVERE 3 WEATHER DEPLOYMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT- 7 8 1) $143,084.32 is hereby accepted from the Federal Emergency Management 9 Agency and appropriated, with federal revenue increased accordingly, to the 10 FY 2024-25 Operating Budget of the Fire Department for the mobilization of 11 Virginia Task Force 2 for the Kentucky Severe Weather Deployment. 12 13 2) $3,861.69 is hereby accepted from the Federal Emergency Management 14 Agency and appropriated, with federal revenue increased accordingly, to the 15 FY 2024-25 Operating Budget of the Fire Department, for the administration of 16 Virginia Task Force 2's mobilization for the Kentucky Severe Weather 17 Deployment. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of May , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and anagement ervices City At orney's Office CA16880 R-1 May 8, 2025 38 ITEM— VX 15 ORDINANCES/RESOL UTIONS ITEM#77141 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$629,780.30 and$13,595.61 from the Federal Emergency Management Agency(FEMA) to the FY 2024-25 Fire Department Operating Budget re mobilization and administration of Virginia Task Force 2 for the Louisville,Kentucky severe weather deployment Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR COSTS RELATED TO THE LOUISVILLE, KENTUCKY 3 SEVERE WEATHER DEPLOYMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT.- 7 8 1) $629,780.30 is hereby accepted from the Federal Emergency Management 9 Agency and appropriated, with federal revenue increased accordingly, to the 10 FY 2024-25 Operating Budget of the Fire Department for the mobilization of 11 Virginia Task Force 2 for the Louisville, Kentucky Severe Weather Deployment. 12 13 2) $13,595.61 is hereby accepted from the Federal Emergency Management 14 Agency and appropriated, with federal revenue increased accordingly, to the 15 FY 2024-25 Operating Budget of the Fire Department, for the administration 16 of Virginia Task Force 2's mobilization for the Louisville, Kentucky Severe 17 Weather Deployment. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of May , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: —� Budget and Management Services �tey' O ice CA16881 R-1 May 8, 2025 39 ITEM— VX16 ORDINANCES I RESOL UTIONS ITEM#77142 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED Resolution to DESIGNATE Cypress Avenue in Honor of Andrew Fine Voting: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None After adoption, City Council welcomed Andrew Fine and presented him with an honorary street sign, "Andrew Fine Ave". May 20, 2025 1 A RESOLUTION DESIGNATING CYPRESS AVENUE IN 2 HONOR OF ANDREW FINE 3 4 WHEREAS, Andrew Fine has been an arts advocate in Virginia Beach for over 5 fifty (50) years; 6 7 WHEREAS, Mr. Fine was a leader in raising capital to build the Virginia Beach 8 Art Center, now Virginia Museum of Contemporary Art, in the 1980s; 9 10 WHEREAS, Mr. Fine was a founding member of the Virginians for the Arts, a 11 statewide organization promoting the arts; 12 13 WHEREAS, Mr. Fine served on and chaired the Virginia Beach Arts & 14 Humanities Commission to publicly support arts and culture; 15 16 WHEREAS, Mr. Fine was instrumental in founding the Virginia Beach Public Art 17 Foundation, which supports private donations of large-scale public works of art to the 18 City of Virginia Beach; 19 20 WHEREAS, Mr. Fine assisted in the creation of the Friends of the Creative 21 District, a business association dedicated to improving the central beach area in the 22 ViBe Creative District; 23 24 WHEREAS, Mr. Fine established the ViBe District Virginia Beach, a nonprofit 25 corporation, in 2015 and raised over two million dollars to support the central beach 26 resort area; 27 28 WHEREAS, Mr. Fine's leadership of the ViBe District Virginia Beach led to over 29 one thousand (1 ,000) positive press stories about the arts district and Virginia Beach; 30 31 WHEREAS, Mr. Fine is the largest private donor to the ViBe District Virginia 32 Beach, which supported the creation of over five hundred (500) public works of art in the 33 last decade; 34 35 WHEREAS, the ViBe District Virginia Beach has received national and 36 international attention under the leadership of Andrew Fine; 37 38 WHEREAS, in 2018, Mr. Fine and his wife, Barbara Fine, were recognized as 39 Virginia Beach Champions for the Arts; and 40 41 WHEREAS, the ViBe District Virginia Beach Board of Directors and Friends of 42 the Creative District business association wish to see Andrew Fine publicly recognized 43 for his outstanding support of the arts in Virginia Beach. 44 45 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 46 OF VIRGINIA BEACH: 47 That the City Council hereby designates Cypress Avenue in honor of Andrew Fine and his many accomplishments in support of the ViBe Creative District, and hereby directs the City Manager to cause signs in honor of Andrew Fine to be erected on street signs along Cypress Avenue. Adopted by the City Council of the City of Virginia Beach, Virginia, this 20th day of May , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Cultural Aff irs Department City Attorney's Office CA16865 R-3 May 7, 2025 40 ITEM— V.L.1 PLANNING ITEMS ITEM#77143 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED,AS CONDITIONED,BY CONSENT,application of MILLWOOD ASSOCIATES,LLC& REDEEMER PRESBYTERIANCHURCHIMILLWOODASSOCL4TES,LLCfor a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide parcel to create a new lot width and Conditional Use Permit re religious use at a portion of 2307 Millwood Road DISTRICT 8 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MILLWOOD ASSOCIATES, LLC & REDEEMER PRESBYTERIAN CHURCHI MILLWOOD ASSOCIATES,LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide parcel to create a new lot width and Conditional Use Permit re religious use at a portion of 2307 Millwood Road(GPIN:2408099309)DISTRICT 8 The following conditions shall be required: Subdivision Variance 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning& Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled "SUBDIVISION PLAT OF LAKEVIEW AT GREAT NECK", prepared by GADDY Engineering Services, LLC, dated January 30, 2025, a copy of which has been exhibited to the Virginia Beach City Council is on file with the Department of Planning& Community Development. Conditional Use Permit 1. The total lot area, outside of the existing pond on the site, is 1.897 acres. This lot area is a deviation to the three-acre minimum lot area required by the City Zoning Ordinance. 2. The height for this building will be 38 feet and 9 inches. This is a deviation to the maximum height of 35 foot required by the City Zoning Ordinance. 3. When the site is developed, it shall be in substantial conformance with the submitted conceptual site layout exhibit entitled, "CONDITIONAL USE PLAN (CUP) FOR REDEEMER CHURCH, PART OF GPIN: 2408-09-9303, VIRGINL4 BEACH, VIRGINIA", prepared by GADDY Engineering Services, LLC, dated March 7, 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. May 20, 2025 41 ITEM— V.L.1 PLANNING ITEMS ITEM#77143 (Continued) 4. When the site is developed, it shall be in substantial conformance with the submitted conceptual landscape plan exhibit entitled, "CONDITIONAL LANDSCAPE PLAN FOR REDEEMER CHURCH, PART OF GPIN: 2408-09-9309, VIRGINIA BEACH, VIRGINIA", prepared by GADDY Engineering Services, LLC, dated March 07, 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. A Landscape Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to the final site plan approval. 5. The building will be constructed in substantial conformance with the submitted rendering entitled"Redeemer Presbyterian Church, dated January 15,2025 and the elevations entitled REDEEMER PRESBYTERIAN SANCUTARY& FELLOWSHIP/CLASSROOMS—NORTH ELEVATION— NE & NW ISOMETRIC, SHEET E101, dated 111512025 & REDEEMER PRESBYTERIAN SANCUTARY&FELLOWSHIP/CLASSROOMS—SOUTHELEVATION— SE & SW ISOMETRIC, SHEET E102, dated 111512025", 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. 6. The maximum number within the building shall not exceed the number as required by applicable building codes, noted on the Certificate of Occupancy and posted by Fire Marshal. 7. All on-site signage must meet the requirements and regulations of the Zoning Ordinance.A separate permit from the Department of Planning& Community Development is required for any new signage installed on the site. 8. The proposed monument sign shall be in substantial conformance with the monument sign rendering depicted on page 18 of the Staff Report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 9. The private traffic direction sign proposed at the entrance along Millwood Road shall meet the requirements of Section 211(d)of the Zoning Ordinance. 10. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. A Photometric Lighting Plan shall be submitted, in accordance with Sections 252&254 of the Zoning Ordinance, at the time of site plan review. 11. Any outdoor rubbish containers shall be restricted to locations acceptable to City Staff. May 20, 2025 42 ITEM— V.L.1 PLANNING ITEMS ITEM#77143 (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 20th day of May Two Thousand Twenty Five. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 Rip O RID O R�10� ol El �01 R 10 / ooR-1,0 W\\ B 2 R2�0 i R20 R20 ! ' B2 N ® site Millwood Associates, LLC W-*I: Property Polygons & Redeemer Presbyterian Church s Zoning Portion of 2307 Millwood Road Building Feet 0 2040 80 120 160 200 240 43 ITEM— V.L.2 PLANNING ITEMS ITEM#77144 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council DEFERRED TO JUNE 17, 2025, BY CONSENT, application of CITY OF VIRGIN14 BEACH for a Modification of Conditions to a Conditional Use Permit re Borrow-Pit Fill at 560 Oceana Boulevard DISTRICT 6 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 44 ITEM— V.L.3 PLANNING ITEMS ITEM#77145 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED,AS PROFFERED,BY CONSENT, application of BRIAN D. &LADONNA SMITH for a Conditional Chanize of Zoning from B-2 Community Business District to Conditional R-10 Residential District re demolish existing one-story single-family dwelling and construct new one at 1549 Bradford Road DISTRICT 9 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA BRIAN D. & LADONNA SMITH for a Conditional Change of Zoning from B-2 Community Business District to Conditional R-10 Residential District re demolish existing one-story single-family dwelling and construct new one at 1549 Bradford Road (GPIN.• 1479135406) DISTRICT 9 The following conditions shall be required: 1. When redeveloped, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "CONCEPT LOT PLAN FOR LOTS A BRADFORD ROAD 01131125", dated January 1, 2025, and prepared by MSA Engineers Scientists Surveyors(the "Concept Plan'), 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 is incorporated herein by reference. 2. In lieu of the 10 foot rear yard setback required for accessory structures in the R-10 zoning classification pursuant to Section 502(a)(10) of the Zoning Ordinance, a 4.5 foot rear yard setback will be permitted to allow the existing detached garage to remain in place. 3. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 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 20 day of May Two Thousand Twenty Five. May 20, 2025 45 ITEM— V.L.3 PLANNING ITEMS ITEM#77145 (Continued) Voting: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 CD a o �a � Rothe rAb B"2R0 E= m ❑ R 1.0 R10 0 0 0 R� o N ® site Brian D. & Ladonna Smith W E ❑ Property Polygons s Zoning 1549 Bradford Road ❑ Building Feet 0 1530 60 90 120 150 180 46 ITEM— V.L.4 PLANNING ITEMS ITEM#77146 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of ERICA FRITZ/ERICA FRITZ& STEPHENHODGES for a Conditional Use Permit re commercial kennel at 2738 Salem Road DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ERICA FRITZ / ERICA FRITZ & STEPHEN HODGES for a Conditional Use Permit re commercial kennel at 2738 Salem Road (GPIN: 1483594763)DISTRICT 2 The following conditions shall be required: 1. There shall be no more than 10 dogs on the property at any time. This count excludes up to four of the applicant's personal dogs. 2. Hours of operation shall be between 7:00 a.m. to 7:00 p.m., Saturday through Sunday. Drop off shall be between the hours of 7:30 a.m. and 10:30 a.m. and pick up shall be between the hours 4:00 p.m. and 7:00 p.m. Pick up and drop off will be by appointment only. 3. No more than six(6) dogs shall be permitted to be outdoors at any one time and the dogs shall always remain under the supervision of the caretaker. 4. When outside, all dogs shall remain within the fenced-in area and be supervised at all times. The dogs shall not be a nuisance to any other property owners or residents. 5. There shall be no more than one employee. 6. The dog kennel shall be maintained in a safe and sanitary condition. 7. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 8. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 9. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 10. Dog shows shall be prohibited. 11. There shall be no breeding of dogs on this site. May 20, 2025 47 ITEM— V L.4 PLANNING ITEMS ITEM#77146 (Continued) This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20'h day of May Two Thousand Twenty Five. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 O oo AG 1 A.G2 ;00- AG2 \0 o . 0 N ® Site W E Property Polygons Erica Fritz S . -- Zoning 2738 Salem Road Building Feet 0 25 50 100 150 200 250 300 48 ITEM— V.L.5 PLANNING ITEMS ITEM#77147 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED WITHDRAWAL, BY CONSENT, application of ASCENT BUILDING, LLC/LASKIN ROADS ASSOCIATES,LP for a Conditional Use Permit re religious use at 941 Laskin Road DISTRICT 6 Voting: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 49 ITEM— V.L.6 PLANNING ITEMS ITEM#77148 The following registered to speak: Dawn. Federovich,Applicant, Phone: 560-7375, spoke in SUPPORT Dr. Mamie Johnson, rep. the Framington Home Owner's Association, 1324 College Park Boulevard, Phone: 651-9678, spoke in OPPOSITION Upon motion by Council Member Jackson-Green, seconded by Council Member Schulman, City Council DEFERRED TO JUNE 3,2025, application of DAWN FEDEROVICH/CHRISTINA M.SOQUET for a Conditional Use Permit re home-based wildlife rehabilitation facility at 6365 Colby Way DISTRICT 7 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 50 ITEM— V L.7 PLANNING ITEMS ITEM#77149 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, AS CONDITIONED, AS AMENDED, BY CONSENT, application of AUTO GLASS .& SUNROOFREPAIR& WATER LEAK CORP./JNJENTERPRISES,LLCfor a Conditional Use Permit re auto repair garage at 5033 Cleveland Street DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA AUTO GLASS& SUNROOF REPAIR & WATER LEAK CORP. /JNJ ENTERPRISES, LLC for a Conditional Use Permit re auto repair garage at 5033 Cleveland Street(GPIN.• 1467847495)DISTRICT 4 The following conditions shall be required.• 1. This Conditional Use Permit shall expire after five(5)years from the date of City Council action. To continue the use of the Automobile Repair Garage after such expiration, a new Conditional Use Permit shall be obtained. 2. Hours of operation shall be between 8:00 a.m. to 5:00 p.m., Monday through Friday and 9:00 a.m. to 2:00 p.m., Saturday only. 3. All automobile repairs shall take place inside the building only. 4. No outside storage of equipment,parts, materials, tires, merchandise, or similar objects or goods shall be permitted. 5. The parking lot shall be for use by employees, customers, and customer vehicles only. There shall be no storage of other vehicles on site (e.g. offsite storage for automobile sales). 6. No outside storage of vehicles in obvious disrepair shall be permitted. 7. All lighting and glare shall be deflected, shaded, and focused away from adjoining property. 8. No automobile sales shall be permitted. 9. Any cleaning and/or detailing of vehicles shall only be permitted indoors and shall adhere to all required regulations for collection, treatment, and disposal of wastewater. 10. Landscaping shall be installed, either in ground or in planters, and maintained by the applicant along a minimum of 50 percent of the building faVade fronting the Cleveland Street right-of-way. This Ordinance shall be effective in accordance with Section 107(/)of the Zoning Ordinance. May 20, 2025 51 ITEM— V.L.7 PLANNING ITEMS ITEM#77149 (Continued) Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20`''day of May Two Thousand Twenty Five. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 _ � 11 11 11 _ a� o- Cleveland Street Cleveland-Street Cleveland Street a� ! _ �OD F� 0 I%1 i �o C � IQ Q = ,� I1 > I1 iIL N j 134 a� n. i N ® site Auto Glass & Sun Roof Repair & Water Leak .Corp W -*]: Property Polygons 5033 Cleveland Street s Zoning Building Feet 0 1530 60 90 120 150 180 52 ITEM— V.L.8 PLANNING ITEMS ITEM#77150 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of PATRICKA BOWERS I BOWERS & JONES PROPERTIES,LLC for a Conditional Use Permit re short term rental at 903 Pacific Avenue, Unit A DISTRICT 5 (Deferred from April 15, 2025) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PATRICKA BOWERS/BOWERS& JONES PROPERTIES, LLC for a Conditional Use Permit re short term rental at 903 Pacific Avenue, Unit A (GPIN.• 24272444110960)DISTRICT 5(Deferred from April 15, 2025) The following conditions shall be required.• 1. The following conditions shall only apply to the dwelling unit addressed as 903 Pacific Avenue Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwellingfor Short- Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1)hour. May 20, 2025 53 ITEM— V.L.8 PLANNING ITEMS ITEM#77150 (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 one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. IL All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the ZoningAdministrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m. May 20, 2025 54 ITEM— Y.L.8 PLANNING ITEMS ITEM#77150 (Continued) 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 18. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. May 20, 2025 SS ITEM— V.L.8 PLANNING ITEMS ITEM#77150 (Continued) Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20`h day of May Two Thousand Twenty Five. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 OR `OR OR OR OR h Street OR OR -o �,•` R5 A18 OR O'R c� c� 01 cv Norfolk -A SO Street 10 verj6e �5 R•T-3 - - -• RT3 / c� 1 o � R5S W N ® site Patrick A. Bowers W E Property Polygons 903 Pacific Avenue, Unit A S Zoning Building Feet 0 2040 80 120 160 200 240 56 ITEM— V.L.9 PLANNING ITEMS ITEM#77151 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of SUMESH NAIR / PAS PARTNERSHIP,LLCfor a Conditional Use Permit re short term rental at 514 22"d Street, Units 100, 200 & 300 DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SUMESH NAIR /PAS PARTNERSHIP, LLC for a Conditional Use Permit re short term rental at 514 22"d Street, Units 100, 200 & 300 (GPINs: 24179873640100, 24179873640200, 24179873640300) DISTRICT 6 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 514 22nd Street, Units 100, 200, and 300, 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(ZoningAdministration)before using the dwellingfor Short- Term Rental purposes. 3. 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. 4. All required parking spaces, including offsite spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active,parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2)resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall 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. May 20, 2025 57 ITEM— V..L.9 PLANNING ITEMS ITEM#77151 (Continued) 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notes the new property owner of requirements `a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6)months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit;and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. May 20, 2025 58 ITEM— V L.9 PLANNING ITEMS ITEM#77151 (Continued) 15. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 19. The property owner,or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. May 20, 2025 59 ITEM— V.L.9 PLANNING ITEMS ITEM#77151 (Continued) , 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 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20`h day of May Two Thousand Twenty Five. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 20, 2025 OR street ZZnd O 7 OR OR N ® Site w __ _ L Sumesh Nair Property Polygons 514 22nd Street, Units 100, 200, & 300 S Zoning Building Feet 0 1020 40 60 80 100 120 60 ITEM— V.M APPOINTMENTS ITEM#77152 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ACTIVE TRANSPOR TA TION AD VISOR Y COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM EASTERN VIRGINL4 MEDICAL SCHOOL BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION HEALTH SERVICES ADVISORYBOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORYBOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARYBOARD RESORT ADVISORY COMMISSION SOCIAL SER VICES AD VISOR Y BOARD STORMWATER APPEALS BOARD TIDEWATER COMMUNITY COLLEGE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINL4 BEACH CANNABIS ADVISORY TASK FORCE VIRGINL4 BEACH VA250 COMMITTEE May 20, 2025 61 ADJOURNMENT ITEM#77153 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSIONADJOURNED at 7:00 P.M. Terri elius Chief Deputy ity Clerk anda Barnes Robert M. Dyer City Clerk, MMC Mayor City of Virginia Beach Virginia May 20, 2025