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NOVEMBER 7, 2017 MINUTES till I QU,b O Un 5) l 4446 c 94-s 444,�f R �� 1J VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 7, 2017 Mayor William D. Sessoms, Jr., called to order the City Manager's Briefings re the ENTERTAINMENT UPDATE in the City Council Conference Room, Tuesday, November 7, 2017, at 3:30 P.M. Council Members Present: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P. Abbott Ill 2 CITY MANAGER'S BRIEFINGS ENTERTAINMENT UPDATE ITEM#67530 4:11 P.M. Mayor Sessoms welcomed Ronald H. Williams, Deputy City Manager. Mr. Williams expressed his appreciation to City Council for their continued support: cryol Virginia Beach Entertainment District Update City Council Information Briefing November 7,2017 Here is the Dome Site Selection Revised Schedule that offers time to fully vet concepts and feasibility with an option for public engagement: Dome Site Selection Revised Schedule Review Sala Revd at. Pupae Nato Ul• App... end Quallf d Teem SMR (%agement I.nal(at Intennew " ai Eatlu{ve ptue ep Van vaa an 'Vreement op n n PaRneMg Selection Phase Pre-Development Phase Development November 7, 2017 3 CITY MANAGER'S BRIEFINGS ENTERTAINMENT UPDATE ITEM#67530 (Continued) The City received three (3)Sports Center submittals, each exhibited competence and experience in design and construction of similar facilities. Typically, during this phase, the City would short list the number of proposals moving to the detailed phase; however, since there were only three(3)submittals received, the recommendation is to move forward to the Detailed Phase: CVB Sports Center PPEA Schedule oI ram on Race e. Daco.00 to Baave klar<lprl Pubic IMerm aawrtwaa a( pmt& Proceed to and of kearng8 agreemem Agnaltwtt (onrep • Evaluate De.lad EWWate Preferred Postkrq of approval Appwtd p••" f]etalMa llegokated By Coy EEV Proposak Propos.. •••" Proposer leant Cound CE.PEE Conceptual Phase Detailed Phase ... . . .. Mayor Sessoms expressed his appreciation to Mr. Williams and everyone working on this important project. November 7, 2017 4 CITY MANAGER'S BRIEFINGS OPPORTUNITY,INC. ITEM#67531 3:53 P.M. Mayor Sessoms welcomed Shawn Avery, President and CEO—Opportunity, Inc. Mr. Avery expressed his appreciation to City Council for their continued support: Oppkw. Opportunity Inc. Hampton Roads'Workforce Development Board Below are the Members that make up the Hampton Roads Workforce Development Board: ; 7.-AFTITIT I'm 1111r b / Hampton Roads Workforce Development ,•- IraqIIJENAIEROMkU COLLEGE T►�i�'� CHAMBER Vir:inia Beac aCpi UNIVERSITY TT . V MULLE 0ifindins.es tlh warm 'cVIRGINI�XEACH OLD DOMINION . I� we, November 7, 2017 5 CITY MANAGER'S BRIEFINGS OPPORTUNITY,INC. ITEM#67531 (Continued) Here is an Overview of how the services are delivered throughout the Region: Hampton Roads Workforce Development System Oppine. HAMPTON ROADS WORKFORCE DEVELOPMENT CORPORATION Opportunity Inc Repan Rada'Ndk IN Dimap en Bard O nc. ::r. .OnepStop ;• BUSINESS4r"otrH Youth Workfo ce •:: SERVICES CECareer ,....... ,#'` CENTER OF HAMPTON ROADS —6. — CAREER • ACCESS—�� Return on NETWORK Investment Below are the "Connecting Talent to Opportunities" offered by Opportunity, Inc., with over 12,000 individuals served, 27%of the customers were City residents: • CONNECTING TALENT TO OPPORTUNITIES One-Stop Workforce 2016 - 2017 Virginia Beach impact RESULTS 27% THE OPPORTUNITY INC.ONE-STOP WORKFORCE CENTER PROVIDED SERVICES FOR: of the customers 12,050 new customers and providers totaling 36,668 visits served were 641 individualized career services Virginia Beach 604 new customers enrolled in training services - I residents :i November 7, 2017 6 CITY MANAGER'S BRIEFINGS OPPORTUNITY,INC. ITEM#67531 (Continued) Below are the "Transitioning Veterans into the Workforce" offered by Opportunity, Inc., with over 12,000 Veterans served, 46%of the customers were City residents: TRANSITIONING VETERANS Workforce INTO THE WORKFORCE ore.-- ganil 10 0 Virginia Beach Impact AN SERVED 46% V E T E R S S of the Veterans served were Virginia Beach t_ residents ,may ,, I 5 • INNUVA I IVE SULU TIONS •• OPPORTUNITY INC. FOR BUSINESS & INDUSTRY USIISILSS 1 ,855 84 Virginia Beach Impact Segin Systems Businesses & Incumbent Worker Sanjo Employers Served Training Participants 360 IT Partners 42 95 DOMA Technologies STIHL On the Job Training Employer Events Concoa Participants Attended/Conducted Sentara Healthcare 6 November 7, 2017 7 CITY MANAGER'S BRIEFINGS OPPORTUNITY,INC. ITEM#67531 (Continued) The organization works with localities in "Empowering Tomorrow's Workforce": EMPOWERING Youth TOMORROW'S WORKFORCE Career CENTER OF HAMPTON ROADS 4,168 WORKSHOPIPROGRAMMING PARTICIPANTS 7,744 OUTREACH FAIRS PARTICIPANTS ( Virginia Beach 80 BUSINESS AND ORGANIZATION PARTICIPANTS 20 INDIVIDUALS SERVED AS MENTORS OR INTERNS Impact 87% RANSITION TO POSTSECONDARY EDUCATION,JOBS,OR VOLUNTEER EXPERIEIai,t Located at TCC VB Con 4nd ' 2h: 2,500+ served at 7,023 YOUTH the YCC 1,411 ADULTS 9329 835 PARTNERS 60 MIXED AGES EVENTS OVERALL The organization invested $400,000 in the City's Public Schools this past year with year-round youth programs: EMPOWERINGI YOUTHOPPORTUNITY INC. ' TOMORROW'S WORKFORCE Virginia Beach Impact Weetr— auntl WM-A Preyraii, 413 SERVED THROUGHOUT THE YEAR-ROUNDI VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARDN,THE COURSE YOUTH PROGRAMS 213 PARTICIPATED IN WORK EXPERIENCES $400,000 361 RECEIVED LEADERSHIP DEVELOPMENT EXPERIENCES Invested in Career and Technical Programs 8 November 7, 2017 8 CITY MANAGER'S BRIEFINGS OPPORTUNITY,INC. ITEM#67531 (Continued) Currently, the organization primarily receives federal funding: On The Horizon... with Support from Virginia Beach Opp) The Hampton Roads Veterans Employment Center is opening January, 2018; YIYPTOY IOtDS PP CHAMBER MalealimemOtftmolleSmn L✓'1� pportunity Inc: BankofAmerks bait REPAIR As ux,Iai. Hampton Roads r\B VETERANS EMPLOYMENTCommission Center Virginia Beach tl h N(2 F/ k OLD DOMINION ;USO;I Pathfinder \./r�r v` 0� VIM OLD TRANSITIONS .w, r� TV • i United * Way ( II, -:. •PPORT UNIT SOUTH HAMPTON ROADS November 7, 2017 9 CITY MANAGER'S BRIEFINGS OPPORTUNITY,INC. ITEM#67531 (Continued) The organization is putting together an Advanced Manufacturing Expo working with Public Schools: Advanced Manufacturing Expo Healthcare Expo Hospitality Expo Increased Business Services WFD Programs @ TCC Powered by pp Employer / Education Gap Analysis NexGen Opportunity Fair Industry and Education Tours Employer Internship Programs Entrepreneurship Programming Powered by pp November 7, 2017 10 CITY MANAGER'S BRIEFINGS OPPORTUNITY,INC. ITEM#67531 (Continued) Opp Opportunity Inc. Hampton Roads'Workforce Development Board Mayor Sessoms expressed his appreciation to Mr. Avery and the entire organization for their work. November 7, 2017 11 CITY MANAGER'S BRIEFINGS SHORT TERM RENTALS ALTERNATIVE ITEM#67532 3:30 P.M. Mayor Sessoms welcomed Mark Stiles, City Attorney. Mr. Stiles expressed his appreciation to City Council for their continued support: M Short Term Rentals VIRGINIA I31J1CII CITY COUN('II. N()V'EMBER 7,2017 Ni 'Is I s. .i:• ( I.—illus Here is an Overview of today's presentation: Overview • Background • Community Involvement • Legislative History • Alternatives for Consideration • Next Steps November 7, 2017 12 CITY MANAGER'S BRIEFINGS SHORT TERM RENTALS ALTERNATIVE ITEM#67532 (Continued) Here is the Background regarding "short term"lodging options: Background City is a tourist destination and multiple short-term*lodging options have historically been available: • Hotels/Motels • Bed and Breakfast Inns • Country Inns • Vacation Rentals in residential dwellings *The Commonwealth of Virginia defines a short-term rental as any lodging provided for a period of 3o consecutive days or less. Background (cont'd) City regulation of short-term lodging must address multiple public concerns: • Public health,safety and welfare(building codes and inspections) • Fair taxation(transient occupancy tax("TOT")) • Planning and zoning compatibility(zoning ordinance) While"vacation rentals"in residential structures is a long-standing practice, these short-term rentals are neither a permitted nor conditional use in the City Zoning Ordinance. The advent of online rental platforms (Airbnb, etc.) and the emergence of large single-family homes developed and/or increasingly utilized for the purpose of hosting large events have focused attention on zoning regulations. November 7, 2017 13 CITY MANAGER'S BRIEFINGS SHORT TERM RENTALS ALTERNATIVE ITEM#67532 (Continued) On April 19, 2016, City Council charged the Beaches and Waterways Commission with investigating and making recommendations regarding "event houses": Beaches & Waterways Commission • By resolution dated April 19,2016 City Council charged the Beaches &Waterways Commission with investigating and making recommendations regarding "event houses." • Between May 12 and July 27,2016,Beaches&Waterways held several public meetings,including 5 public hearings at locations throughout the City. • Proposed a draft ordinance designed to curb the potential disruption caused by"event homes"on the neighborhood in which they resided. Here are the Recommendations of the Beaches and Waterways Commission: Recommendations: Beaches & Waterways Permit required for an"event". • 2 per year; • Special event permit if more than 50 people,but no event shall have more than loo people; • Notification to all adjacent property owners of special events; • Requirements for parking;liability insurance;employment of an off- duty police officer;and a certification from building and zoning that the property is in compliance. Rentals need to be at least 7 days. These requirements covered many of the issues affecting short-term rentals-parking,trash,noise,etc. November 7, 2017 14 CITY MANAGER'S BRIEFINGS SHORT TERM RENTALS ALTERNATIVE ITEM#67532 (Continued) On August 16, 2016, City Council created the Online Home Sharing Ad Hoc Committee and charged the Committee with investigating and making recommendations regarding Legislation pending in the General Assembly and the City's regulations of short term rentals: Online Home Sharing Ad Hoc Committee By resolution dated August 16,2016 City Council created the Online Home Sharing Ad Hoc Committee. . Charged with investigating and making recommendations to City Council concerning: • Legislation pending in the General Assembly in regard to short-term rentals;and • City's regulation of short-term rentals. Met in September and October 2016,and presented their findings to City Council in November 2016. Here are the Legislative Recommendations of the Committee: Recommendations: Legislation • Short-term rentals cannot be eliminated. • Taxes should be paid to the locality. • Require appropriate insurance coverage. • Grant local authority to promulgate health and safety regulations. • Protect the neighborhoods. November 7, 2017 15 CITY MANAGER'S BRIEFINGS SHORT TERM RENTALS ALTERNATIVE ITEM#67532 (Continued) Here are the Recommendations of the Committee regarding City Code Amendments: Recommendations: City Code Amendments • Distinguish between"daily"—less than 7 days and"short-term" —7 to 29 days. • Registration with the Commissioner for taxes. • A responsible party is required who can report in a reasonable time and has the authority to correct a situation. • Maximum occupancy requirements. • Parking on-site. • Post text of applicable City Code provisions in the rental. • Liability insurance of$1 million dollars. Here is an Overview of the Legislative History: Legislative History City Council adopted an ordinance in August of 2016 requiring that all short- term rental properties be registered with the Commissioner of the Revenue and providing penalties for failure to register. • Purpose:to facilitate identification of short-term rental properties and collection of transient occupancy tax. • Properties represented by local real estate agencies and registered by those agencies exempted from new registration requirement. July 1,2017 the local ordinance was amended to comply with the legislation passed by the General Assembly: • Contact person should be named for each rental. • Real estate professionals still exempt. • RcTi,ti t n November 7, 2017 16 CITY MANAGER'S BRIEFINGS SHORT TERM RENTALS ALTERNATIVE ITEM#67532 (Continued) Where Are We Today? • The City has continued to meet with interested citizens and incorporate their input into the discussion;however,there is not a consensus about the best way to regulate short-term rentals. • The three(3)alternate ordinances that follow include many of the recommendations that have come out of these public sessions. Here is the Short Term Rental Ordinance Matrix of the three Alternatives for Consideration: Shan-Tum Renal Ordkwla Mat,. r _ oww.ra... a..4or•a ... ao No Jn1^^I No HMO>rti Mara. (ikon a,w I awl Ana a4 Short-Term M.W Yr .« ''W« •.. o qu.M Rentals frocarn Alternatives for �•-••-w « « Consideration Not Cara* PPo,raM November 7, 2017 17 • CITY MANAGER'S BRIEFINGS SHORT TERM RENTALS ALTERNATIVE ITEM#67532 (Continued) The first distinction is to distinguish Home Sharing from Short Term Rental: Home Sharing vs. Short-Term Rental Short-Term Rental Ordinance Matrix AlternatM 1 Alternative2 Altertrtlea 3 Distinguish Horne Sharing from Short Yes Yes No Term Rental Home sharing.A dwelling in which a room or rooms are offered for rental for compensation for aperiod of thirtK001 conns`ecdlloe days or less by an owner who utilizes the dwelling as his principal residence and Qccupies the dwelling during such rental period. Short-term rental.A dwelling that does not meet the definition of home sharing in which a room or rooms,or the entire dwelling are rented for thirty(30)consecutive days or less for compensation. In Alternative 1, Home Sharing is a permitted use; however, a Short Term Rental would require a Conditional Use Permit, except if the property is located in a City Council created Short Term Residential(STR) Overlay District: short Term Renal Ordinance Matrix ll.tlllllMMm©t© Alternative 1 Distinguish Horne wa•,m, Sharinarrom Short Y.• ETerm Rental ShOverortlay TermDistrust Rrezi Ye. - ---- (STROD) 0tH A-12 A-18',A-2e IA-Se Grandath.nng No - _... www« Provisions Horne sumo rnaehno Bre eHmnrernenrx of swan 200 @ a E p a as.T.•a.. .... ,Shat MM,M888 I R Sr I Q l 3Y Rleht Use NO. . rleOY.rtayD6trrt e '.e- E reRerares erssleRe Vas,Wass rrrrar�r QIP Required MSTWO Mrsrr M^!a_.. II wWn.o.o. cuU .a. H ceert r.eeasee November 7, 2017 18 CITY MANAGER'S BRIEFINGS SHORT TERM RENTALS ALTERNATIVE ITEM#67532 (Continued) In Alternative 2, Home Sharing is a permitted use; however, a short term rental would require a • Conditional Use Permit, except if the property was "grandfathered": • • Short TarmRental Or04arHUFAetrls Alternative 2 • tataoot Uses Redone Distncts Shaelag Rens Shpt Yes R 40 R 30 R 20 RAS R-10 R-75 RSD R.SR R-SS R.25 Teem Rental Short Term Rental Overlay Districts Nt (STROD) t-- r Naspbon 206 P e e D e e e e e e Grand(Inhering 1 rgerp wbs Provisions Yeti 1 Name Short Term $6411818/118111 Cc cc c c G c c .ren..r...a.e Shoring ! Rer441 tew�+wwr No,unless rarsuetael. Sy Right Use yes previously w.ewaasar • paid TOT rataror !grandfather.) Any Short term rental that has Paid yenslenl occuPency lases to the tis.aius.e s res,unless Comnsssaner of the Revenue pear to January 1,2017 shall be considered a as.e.n QIP Regaled �b�T S- -- gtandfatherod and shall not be required to obtain a Conde anal Use P01rn 1t ws~eme— lerongorierrei where otherwise required,but must meet the conditions of section 241.2. 4sra�rs ss.a�oa � Any expansion of the foglprint of the dwelltrq housing the shoo term tenial _ - ... �� shall repeal the aendfythered status of the start term rental and require a MOM.ie s ars "' "" conditional use permit for such use' c.ewt rawaed ... rC 15 Alternative 3, allows Home Sharing as an "Accessory Use": Short Term Rental Ordnance Matas wiese et ewers aera..ea Alternative 3 ..,. Alternate r...+.� Dlstingulsh Home r Sharing From Short No Sart Term Rental Short Term Rental a.••••••••••••• Overlay Districts Notrurf Herne r /y taA dwelurq m who a teem yr teems or the entire___e _ u dS (STRODI I- rented Ha Matt(X11 consecutrye 4aYs Or less Ice monetary Cenlpensahoo and Much is cw awe.-.e Grandfathering No a homy or(VOahn^n ens 4rre16ro yn4 Provisions roe e,P� Short Term Rental ie...TOT ,r Oy Right Use Acco..;,r _ Use ){ e a[.y:own-shutMml rend ,5..n 'time the rear.ome$Ro of secipD Be e P P P P a P rvrMWM _ ;CUP Raquired No IMN.ra. v. rM S - rn te^s. mre Pio .n W• .w November 7, 2017 19 CITY MANAGER'S BRIEFINGS SHORT TERM RENTALS ALTERNATIVE ITEM#67532 (Continued) In each of the Alternatives, registration with the Commissioner of the Revenue is required and the owner must pay Transient Occupancy Tax: Short Term Rental Ordinance Matrix Registration & Akern.the 1 Ah emotive i Alternntr.[ Payment of TOT Hoene tit.%Term tome Short Tena Shpt Term R<['t4r.l.on Rep Payment of TOT Yrs Yrs Yes YesYr-. Yev Ytr I1 Ye, YesYes Perking PM r Y Y.t Yea r.•, To the extent permitted by slate law each short term rental must maintain registration with the Commissioner of Revenues office and pay all Home aookable taxes Adv.,;ated violations of CYee 13)applicable local state ✓ Sharing cr federal lares c' •e,plahons may resJL hi the revocation of said ' rea,stration Short-Term ✓ - -- -— Rental Home Y/ Occupation In each of the Alternatives, all parking must be provided on the property in which the short term rental is located: Short Term Rental Ordinance Matrix p Akernotiwl AlternatM2 Akernettv.l Onsite Parking Hp1M Short Term Home Short Term Short Term 42 i e.oml $14444 1 14.4te1 114nto1 Perking Mutt Pe '. •. •• Provided On Si. � - Post Ctty Cod.- t ... .. Ti - • - T 1 rang nnu-,t!o•I' .vi d 4-ol I'o,I rttioott,ii e hig n tis..,:ht.1 AJnu rt•ntal 15 locate.. f Home Sharing Short-Term ✓ Rental I tome ✓ i Occupation November 7, 2017 20 CITY MANAGER'S BRIEFINGS SHORT TERM RENTALS ALTERNATIVE ITEM#67532 (Continued) In each of the Alternatives,posting of City Code provisions would be required: Short Term Rental Ordinance Matrix Posting�nCity m AlteetM1 Alternative Alterman,*3 Code Provisions lsions Ran* Short Term Home I Short Term Short Term Shulri( L !lentil SMARR 1 Rental Rental Pott City Code--- Yes Yes Yes Yes Yes Prov' There shah be posted in a conspicuous place within the dwelling the complete text 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)and 12-43 2 (fireworks): Home Sharing Short-Term ✓ Rental Home Occupation In each of the Alternatives, trash must be placed in automated refuse receptacles(black trash cans): Short Term Rental Ordinance Matrix Refuse AhertHtM1 Alternative Ahemethre3 Requirement Han. Short Term Horne Short Term Short Term II Sherini Rental Monne Rental Rental TM meb InAetedKy Yes Yes I J Y. I Yes ,.. J All refuse shall be placed in automated refuse receptacles-where provided end comply with the requirements of City Code Sections 31-26 31-27 and 31_28 Home .-- Sharing Short-Term ✓ Rental .Itome 1/ Occupation November 7, 2017 21 CITY MANAGER'S BRIEFINGS SHORT TERM RENTALS ALTERNATIVE ITEM#67532 (Continued) In each of the Alternatives, there shall be no more than one (1) rental contract during any consecutive seven (7)day period: Short Term Rental Ordinance Matrix Rental Period AltemHlve 1 Alternative ARernHM 3 Monro Short Term Home Short Term Short Term Sherry i Rental %ltplr— I Rental Rental 1 Ow rental contract Yes 1 Yes Yes Yes YM RM 7lRyparlrM There shall be no more than one(1)rental contract dunnr any consecutive seven(7)day period Home ✓ Sharing Short-Term ✓ Rental Home ✓ Occupation In each of the Alternatives, the owner shall provide proof of liability insurance of at least $1-Million applicable to the rental activity: Short Term Rental Ordinance Matrix Insurance r AhemHMl Alternative Ahem.Uv. Requirement Horne Short Term Home Short Term Short Term SMNy_L Rental Sharing Rental Rental $2 MMIIon Immense Yes ! Yes Yes Yes Yes J r IThe owner shell provide proof of liability insurance aooYcable to the rental activity of at least one million dollars (Si 000 000 00) underwritten by insurers acceptable to the city Home Sharing Short-Term I✓ Rental Home ✓ Occupation November 7, 2017 22 CITY MANAGER'S BRIEFINGS SHORT TERM RENTALS ALTERNATIVE ITEM#67532 (Continued) In each of the Alternatives, the maximum number of persons on the property, after 10:00 P.M and before 7:00 A.M., shall be two (2)individuals per bedroom plus four(4)additional persons: Short Term Rental Ordinance Matrix Occupancy Alternative 1 ARemnM 2 Alternative Limitation Home Short Term Home Short Term Short Term Sherlry R.nui Sh.rino RentalRent.] 1Ml:imam on NO Yes No Yes •UmiteHen The maximum comber of persons on the property after 10 00 pm and before 7 00 a m shall be two(2)mdividuals per bedroom plus four(4) additional persons Home Sharing IrmiGltiun Short-Term Rental Home Occupation In each of the Alternatives, one (1) one foot by one foot sign, posted on the building, that identifies the short term rental: Short Term Rental Ordinance Matrix Altemetive 3 ARernetive2 ARernsave3 Sign Use Home Short Term Home Short Term Short Term Shering Rent.l Sharma R.nt.] Rental !Sian permitted N _lyr ait sr i tr(1 •tr:111 h fr,Ita a :Pi1 tl_r,r I 1t, ! 1 •. l l-11' 11 t ullr_t t t rd•rJil ,•hl I sr T teem. Home No Sign Sharing Permitted Short-Term Rental Home Occupation November 7, 2017 23 CITY MANAGER'S BRIEFINGS SHORT TERM RENTALS ALTERNATIVE ITEM#67532 (Continued) In each of the Alternatives, the owner must provide contact information sufficient to allow the City to communicate with the owner occupying the dwelling at all times during the rental period: Short Term Rental Ordinance Matrix Contact Ahenrtive I AhernetM3 Alternative 3 Requirement MOn'e Short Term Ham* Short Term Short Term Sharing Rental Sharing . Renal Rental &Pe rson Rood Yes 'I Yes Yes Yes I Yes i Home Sharing The owner must provide contact rnfomiat10n sufficient to allow the city to communicate with the owner occupying the dwelbnQ et al times durina the rental period Home ✓ Sharing Short Term Rental&Home Occupation Short-Term ✓ 1 The owner or the owner's spent must be Identified and able to tie present I Rental on site within thirty(30)minutes of Dews contacted at all times donna the Home si I rental period Occupation / In each of the Alternatives, no events with more than fifty (50)people present, shall be held absent a special events permit, with no more than three (3)events per calendar year: Short Term Rental Ordinance Matrix Special Event AttemetMl Alternative Ahernetive3 Permit Requirement Mom* Short Term Horn* Short Tarin Short Term ih.dng1 Berate , Menne Rental Rental "3poclif Rentlonoltio -_.i. grow o SO(100mm.) No I Yes ho Yes Yr, ,lioat weer) I I - _ No events with more than fifty(501 people present.shall be held absent a special events permit Events with more than fifty(50)people are limited to no more than three(3)events in a calendar year No more than one Home No hundred(100)people shell be present at any event held on the property Sharing limitation Short-Term ✓ Rental Home ✓ Occupation November 7, 2017 24 CITY MANAGER'S BRIEFINGS SHORT TERM RENTALS ALTERNATIVE ITEM#67532 (Continued) Here are the Next Steps: Next Steps If the 3 alternatives are referred to the Planning Commission today, the proposed schedule would be as follows: November 8 Planning Commission briefing December 4 Planning Commission workshop December 13 Planning Commission public hearing and vote AI January 2,2018 City Council public hearing and vote UESTIONS COMMENTS Mayor Sessoms expressed his appreciation to Mr. Stiles and everyone working on this important project. November 7, 2017 25 CITY COUNCIL LIAISON REPORTS ITEM#67533 4:13 P.M. There were no Liaison Reports. November 7, 2017 26 CITY COUNCIL COMMENTS ITEM#67534 4:14 P.M. Councilman Moss advised he would be bringing forward a Resolution regarding the HRT Legislative Package requesting a "dedicated source of revenue". Mr. Moss does not feel the current proposal is in the City's best interest and, as such, will be bringing a proposal forward for consideration. November 7, 2017 27 CITY COUNCIL COMMENTS ITEM#67535 Councilman Moss requested that City Council receive the Five-Year Forecast prior to the City Council/School Board Joint Meeting on the November 21". November 7, 2017 28 CITY COUNCIL COMMENTS ITEM#67536 Councilman Moss requested a copy of the Report that went to the State Financing Committee. November 7, 2017 29 CITY COUNCIL COMMENTS ITEM#67537 Councilman Moss advised he would be bringing forward an Alternative Ordinance regarding the School Reversion Fund, November 7, 2017 30 CITY COUNCIL AGENDA REVIEW SESSION ITEM#67538 4:14 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS I. Ordinance to AMEND City Code,¢21-353 and 21-354 re Cavalier Shores Neighborhood pertaining to Residential Permit Parking(Requesting Deferral to November 20, 2018) 2. Resolution to REFER to the Planning Commission proposed Amendments to the City Zoning Ordinance re: a. Definition, Requirements and Use of Home Sharing and Short Term Rentals h. Proposed Amendments to Sections 11I and 218 re definition of Major Retail Venue 3. Ordinance to ESTABLISH the Tax Rate of Forty Cents($0.40)per$100 of assessed value on computer equipment and peripherals used in a Data Center effective January 1, 2018 4. Ordinance to DECLARE EXCESS City Property at Indian River and Kempsville Roads and AUTHORIZE the City Manager to exchange same to The Betty H. Buzzy Revocable Living Trust 5. Resolution to DIRECT the City Manager to terminate the Arena Development Agreement should USM not close on its construction loan by 11:59 P.M. on November 7, 2017 6. Resolution to REQUEST that State and Federal Governments proceed with widening and deepening of the Hampton Roads Harbor Channels 7. Ordinance to EXTEND the date to satisfy Conditions re closure of Lake Avenue, Oak Street and portions of Locust Crescent and Ellis Avenue (Approved November 27, 2012) DISTRICT 4—Bayside 8. Ordinance to APPROPRIATE to the School Reversion Fund: a. $19,258,877 to the FY2017-18 Operating Budget b. $ 900,000 to the FY2017-18 Capital Improvement Program 9. Ordinance to ACCEPT and APPROPRIATE: a. $4-Million from Federal Emergency Management Administration (FEMA) re Virginia Task Force 2 Urban Search and Rescue Team mobilization to support Hurricane Maria operations b. $302,000 from U.S. Department of Justice to the Police FY 2017-18 Operating Budget re body worn cameras c. $10,000from the U.S.Department of Justice to the Police FY2017-18 Operating Budget re purchase of Naloxone ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2a WILL BE CONSIDERED SEPARATELY COUNCILMAN UHRIN and COUNCIL LADY WILSON FILED DISCLOSURE LETTERS ON ITEM#2a ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARATELY COUNCILMAN UHRIN, COUNCIL LADY WILSON and COUNCILMAN WOOD FILED DISCLOSURE LETTERS ON ITEM#5 ITEM#8a/b WILL BE CONSIDERED SEPARATELY November 7, 2017 31 CITY COUNCIL AGENDA REVIEW SESSION ITEM#67538 (Continued) K. PLANNING L WILLIAM and CHRISTEN HICKEY for a Change of Zoning from B-2 Community Business to R-20 Residential at 500 Davis Street DISTRICT 2—KEMPSVILLE 2. TMSSR, LLC and VILLAGE DRIVE COMMONS, LLC for a Conditional Use Permit re a tattoo parlor at 620 Village Drive, Suite D DISTRICT 6- BEACH 3. KABP DEVELOPMENT,LLCfor a Conditional Use Permit re a hair care center at 2033 Fisher Arch DISTRICT 7—PRINCESS ANNE 4. KODU, LLC and FAIRFAX SIXPLEX, LLC for a Conditional Use Permit re motor vehicle sales at 1165 Lynnhaven Parkway DISTRICT 3—ROSE HALL 5. RHETT REBOLD and DERRICK BORTE for a Conditional Use Permit re a craft brewery and an open-air market at 505 i?Street DISTRICT 6—BEACH 6. GRACE BIBLE CHURCH OF VIRGINIA BEACH, INC. and MARY H. SMITH, TRUSTEE OF THE MARY H. SMITH REVOCABLE TRUST for a Conditional Use Permit re a religious use at 2285 London Bridge Road (Deferred October 3, 2017) DISTRICT 7- PRINCESS ANNE 7. SXCW PROPERTIES II,LLC and FULTON BANK,N.A.for a Conditional Use Permit re a car wash and auto service station at 3264 Holland Road(Deferred October 17, 2017) DISTRICT 3—ROSE HALL MAYOR SESSOMS WILL ABSTAIN ON ITEM#3 MAYOR SESSOMS WILL ABSTAIN ON ITEM#4 MAYOR SESSOMS WILL ABSTAIN ON ITEM#5 COUNCIL LADY WILSON FILED DISCLOSURE ON ITEM#5 ITEM#6 WILL BE CONSIDERED SEPARATELY ITEM#7 WILL BE CONSIDERED SEPARATELY November 7, 2017 32 ITEM#67539 Mayor Sessoms entertained a motion to permit City Council to conduct its CLOSED SESSION,pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Princess Anne District LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). • Arena Project PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees • Candidates for the Position of Real Estate Assessor and City Clerk November 7, 2017 33 ITEM#67539 (Continued) Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 4:20 P.M. Voting.. 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms,Jr., Rosemary Wilson and James L. Wood Council Members Absent: Jessica P.Abbott ill John E. Uhrin stepped out (Closed Session 4:20 P.M. - 5:59 P.M.) November 7, 2017 34 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 7,2017 6:00 P.M. Mayor Sessoms called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, November 7, 2017, at 6:00 P.M. Council Members Present: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P.Abbott ill INVOCATION: Reverend Darren Keithley, Pastor Shadowlawn Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If during his review of an agenda, he identifies a matter in which he has a 'personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council Mayor Sessoms' letter of January 13, 2015, is hereby made a part of the record. November 7, 2017 35 Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire Hathaway Home Services Town Realty ("Berkshire Hathaway"), which was formerly known as Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of transactions it handles in any given year, Berkshire Hathaway 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, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifN'ng any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter ofJanuary 13, 2015, is hereby made a part of the record. Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the Stale and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If during her review of an agenda, she identifies a matter in which she has a "personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's letter of June 2, 2015, is hereby made a part of the record. November 7, 2017 36 Item—VI-E CERTIFICATION ITEM#67540 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P.Abbott November 7, 2017 4. 5 RESOLUTION 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#67539 Page 33 and in accordance with the provisions of The Virginia Freedom of Information Act;and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. �_ wry/ R Hodges raser,MMC City Clerk November 7, 2017 37 Item-VI-F MINUTES ITEM#67541 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of October 17,2017. Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin and Rosemary Wilson Council Members Abstaining: James L. Wood Council Members Absent: Jessica P. Abbott November 7, 2017 38 ADOPT AGENDA FOR FORMAL SESSION ITEM#67542 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 7, 2017 39 Item - VI-H.I MAYOR'S PRESENTATIONS ITEM#67543 PROCLAMATION NATIVE AMERICAN HERITAGE MONTH Mayor Sessoms introduced and welcomed Lee Lockamy, Nansemond Indian Tribe Council, and presented a Proclamation declaring NOVEMBER 2017 "NATIVE AMERICAN HERITAGE MONTH". The Mayor called upon the Citizens, Government Agencies, Public and Private Institutions, Businesses and Schools in the City to recognize the contributions of Native Americans to the history and development of the City, State and Nation and to commemorate this month with appropriate activities. Mayor Sessoms further acknowledges the contributions of the Nansemond Indian Tribe to the vitality of the City, both past and present, and the pride we have in their association with the community. November 7, 2017 r1 ! _ tit/ w 9roctamation wast Native Americans have made use(the aturalwsowret in Virginia anQMrgmia(Beath for over 15,000yars'and %MOMS Native Americansprospered in Virginia at hunter,and gatherers forthousands ofyan hying in enram rnmtu and W.& Afi NativeAwnitans dndopedtri6atwlatiowhips and tented in ham&trand tillages;and IVAISISMAS *e Cheops*f Indian tribe resided in avec,n Virginia(Beach at the tine forjatt prior to the arty seventeenth=bay settlement fthe region 6y£ng(ant and 1.019:51WL4: =Members fthe%wmondln&an tribe mmsdastuan settfmg in arcs thattwludedVirginia (Beak and WMEatE,Afi fin Miran reservation in the eungo and of Virginia rgash was occupied by NauemondIndians m the love seventeenth century,'and The Commonwealth fPfrgimapffimQy recognisedtheNanmandIndian tribe in 1985;and ItAllEatLfi Alm&m of the NansmondMilantribe play an esrentia!robe in the lbrginia s&ath community tachy'and WAIERTAP Chief Lee Loc(amy is a resident of the City 0-'2tiggui6 attack and VNIw'aM¶ Nowem6erunifmt&clam:wNative American Neritage Along in the'United States of America in 1990;and $1411EtWs November is ala commemorated asNative American Manage Atowh in the CommomuaAc of Virginia NpVV;` t EORA1,1Wgamv.Swans,Jr, Mayor of the City ofVrgian(Beac4 Virginia,to hereby pwdailt November 2017 Native, *menton Nerttage 9Wonth In firths OM and all upon the cuirass,gouemment agencies,public and private institutions,businesses and schools in l4rguiia geach to recognize the contributions of Native Americans to the history anddeve&pment of the city,state and nation anew commemorate this month with appropriate activities. Is*buss Whereof I have hereunto set ny hand and awed the Official Seal of the City of Virginia aieac4 Virginia,to be affiKed this Seventh day ofNovember,Two Thousand*and Seventeen • _ .ti Witton(1).Sestoay,9s: Wayor 40 Item- VI-H.2a MAYOR'S PRESENTATIONS ITEM#67544 RESOLUTIONS PULMONARY HYPERTENSION AWARENESS MONTH Mayor Sessoms introduced and welcomed Nicholas and Nicole Sharp and presented a Resolution recognizing November, 2017, as PULMONARY HYPERTENSION AWARENESS MONTH Mayor Sessoms calls all citizens to recognize the seriousness of this disease and the meritorious work of the Pulmonary Hypertension Association to find a cure. November 7, 2017 'a nem 4 c _ p or...no. RESOLUTION WHEREAS: The health of our community's people is the foundation for a caring and productive society, and our future rests with our ability to adequately treat, and ultimately find cures for, individuals who are afflicted with a variety of illnesses including Pulmonary Hypertension; WHEREAS: Pulmonary Hypertension (PH)is a chronic, life-threatening lung disease marked by elevated blood pressure in the lungs; - WHEREAS: Without treatment.PH patients live an average of 2.8 years past diagnosis; WHEREAS: Multiple treatments are available for PH; but, it takes patients an average of nearly three years to be accurately diagnosed. This delay in diagnosis has not changed in the past twenty years; . WHEREAS: PH patients who are diagnosed earlier have a longer lift expectancy; WHEREAS: Education can help with early diagnosis: Funding for research can help find a cure;and, • WHEREAS: The Pulmonary Hypertension Association is a nonprofit organization that seeks ways to prevent and cure Pulmonary Hypertension, as well as to provide hope for the PH community through support,education,advocacy and awareness NOW THEREFORE,BE IT RESOLVED:that the Virginia Beach City Council hereby calls all citizens to recognize the seriousness of this disease and the meritorious work of the Pulmonary Hypertension Association to find a cure and recognize November,2017 as PULMONARY HYPERTENSION AWARENESS MONTH Given under our hands and seals this 7a�DDay�/offNNoovveember 2017. I I ria„ I_ ren / at —, c—. 1, ltaCy7 (P.Abbot (.a.n muvenpun � ••mje. i, l /41�C� t"Arlin _. .,. 2ar6aa NriJry , 'fa(y Shams '.. nh/nOMwt 41 ID zit "^F bmnJohnI N,SnnCrmantlaty• y,ry flacon a Coin L.sited L. /.,./!//! 1fu?IayorGoav loner ,Warr% Wlfiarn.,.'s441TSessoua,Jr 41 Item - VI-H.2b MAYOR'S PRESENTATIONS ITEM#67545 RESOLUTIONS VIRGINIA LIVESTOCK HALL OF FAME Donald H.Horsley Mayor Sessoms introduced Donald H. Horsley and presented him with a Resolution declaring NOVEMBER 7, 2017, DONALD H. HORSLEY DAY paying tribute to a dedicated community leader by expressing congratulations to his many achievements, including most recently being inducted into the Virginia Livestock Hall of Fame. Mr. Horsley expressed his appreciation to City Council for their continued support and acknowledged none of his accomplishments would have been possible without the support of his family and friends. November 7, 2017 '�. ` } ..wow RESOLUTION WHEREAS: Donald IL Horsley graduated from Virginia Polytechnic Institute and State University with a Bachelor of Science Degree in Animal Science in 1970 After graduation. he moved to Virginia Beach and began working on the farm owned by his father-in-law, Ralph Frost, WHEREAS: Mr. Frost retired in 1988 and tuned the fanning operation, consisting of approximately 1,400 acres, over to Don. Today. "Land of Promise Farms" is a four-way partnership among Don,his wife Diane and their two adult sone,Shane and Ryan. The fanning operation consists of approximately 6,000 acres, including corn, soybeans and wheal with several niche enterprises: 15 acres of locally marketed sweet cons afarrow-to-flnish/show pig operation, commercial cattle operation and a pick-your-own pecan grove. Don benefited by developing the niche enterprises in order to diversify his farm operation and fluctuating commodityprrces; WHEREAS: Don has been successful in his farming operation by implementing new technologies in row crop production,using regular soil testing scouting to detect pests during the growing season and monitoringytehls during hnalaeat to maximise his commodity profits For years, Don has provided a strong voice for Agriculture to local government by serving as a member of the Virginia Beach Agriculture Reserve Prognsm Committee, Agricultural Advisory Commission, Planning Commission, the Advisory Committee for the Tidewater Agricultural Research andExtensionCrier and serves as a model for 4-H Youth Development Don is also active at the.skate and national government levels,'most recently being appointed by Governor McAdi$e to the BoardofAgricdtare and Consumer Services; WHEREAS: Don has received numerous mvarSs including Mr Virginia Fanner of the Year (2011), Puginia Pork All-American (1986), Virginia Beach Man elite Year in AgricWme. (1984),Regional VirginiaDate Soil and Water Conservation District Clean Water Farm Award (2000)and the Virginia Beach ExceptiondAgrteultunl Operation Award(2005);and, WHEREAS: On October 21,.2017,Don nam inducted Into the Virginia Livestock Hall of Fame which was ,established for the purpose of bestowing hmpr and recognniaa; an outstanding Virginian who have made sigitifwam contributions to Virginia's livestock indwoy end is people. Don aa,s esixty-three to be hairedWithdi&portraits on permanent display in the gallery at the Virginia Tech Alphin-Stuart Livestock Arena NOW, THEREFORE,RE IT RESOL PED: That the Virginia Beach City Council pause in in delberations to pay tribute to a dedicated coati*.leader by crewing congratulations for his many achievements,including most recently being Inducted In to the Virginia Livestock Hall of Fame. RE IT FURTHER RESOLVED: That this Seventh day of November?Ivo Thousand Seventeen,be celebrated as. DONALD H.HORSLEY DAV 491. i Asst. ®I �9w6W.''MtNsdsy •®'.* Simnsn•,' , - 9alm4xatws • 5Mn2'tt m Commit 11 i s L,Wood •Ala studs a,.. ,,Myon ,/✓ T•rNM47�' 42 Item- VI-LI PUBLIC HEARING ITEM#67546 Mayor Sessoms DECLARED A PUBLIC HEARING: 1. DECLARATION and CONVEYANCE of EXCESS PROPERTY Indian River and Kempsville Roads There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. November 7, 2017 43 Item- VI-J ORDINANCES/RESOLUTIONS ITEM#67547 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT:Agenda Items 2/b, 4, 6, 7, and 9a/b/c Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P. Abbott November 7, 2017 44 Item -VI-J.1 ORDINANCES/RESOLUTIONS ITEM#67548 The following individuals registered to speak: Reid Greenmun, 2405 CliffCutter Drive, Phone: 615-4533, spoke in OPPOSITION Barbara Messner spoke in OPPOSITION Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED TO NOVEMBER 20, 2018, Ordinance to AMEND City Code § 21-353 and 21-354 re Cavalier Shores Neighborhood pertaining to Residential Permit Parking Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P. Abbott November 7, 2017 45 Item-VI-J.2 ORDINANCES/RESOLUTIONS ITEM#67549 The following individuals registered to speak: Michael Megge, 2036 Hackberry Road, Phone: 435-5201, spoke in SUPPORT of Resolution being REFERRED to the Planning Commission. Laurence Horvath, 2505 Indian Hill road, Phone: 284-1842, spoke in SUPPORT of Resolution being REFERRED to the Planning Commission. Doug Huston, 2733 River Road, Phone: 617-3360, spoke in SUPPORT of Resolution being REFERRED to the Planning Commission. Steven Fisher, 2307 Wake Forrest Street, Phone: 513-5140, spoke in SUPPORT of Resolution being REFERRED to the Planning Commission. Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council ADOPTED, Resolution to REFER to the Planning Commission proposed Amendments to the City Zoning Ordinance re: a. Definition, Requirements and Use of Home Sharing and Short Term Rentals Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert Al. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P. Abbott **COUNCILMAN UHRIN and COUNCIL LADY WILSON FILED DISCLOSURE LETTERS November 7, 2017 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION THE ALTERNATIVE PROPOSED 3 AMENDMENTS TO THE CITY ZONING ORDINANCE 4 PERTAINING TO THE DEFINITION, REQUIREMENTS AND 5 USE OF HOME SHARING AND SHORT TERM RENTALS 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 There are hereby referred to the Planning Commission, for its consideration and 14 recommendation,three alternative amendments to the City Zoning Ordinance, pertaining to 15 the definition, requirements and use of home sharing and short term rentals. A true copy 16 of such proposed amendments is hereto attached. 17 18 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 19 BEACH, VIRGINIA: 20 21 That the Planning Commission be, and hereby is, directed to transmit to the City 22 Council its recommendation concerning the aforesaid amendments no later than forty(40) 23 days after the date of adoption of this Resolution. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day of November , 2017. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14237 R-3 October 31, 2017 1 ALTERNATIVE 1 2 3 4 AN ORDINANCE TO AMEND SECTIONS 102, 111, 401, 5 501, 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY 6 ZONING ORDINANCE AND SECTION 5.2 OF THE 7 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 8 AND ADD SECTIONS 209.6 AND 241.2 OF THE CITY 9 ZONING ORDINANCE PERTAINING TO THE DEFINITION, 10 REQUIREMENTS AND USE OF HOME SHARING AND 11 SHORT TERM RENTALS 12 13 Sections Amended: City Zoning Ordinance Sections 102, 14 111, 401, 501, 601, 901, 1110, 1125, 1521, and 2203 and 15 Oceanfront Resort District Form-Based Code Section 5.2 16 17 Sections Added: City Zoning Ordinance Sections 209.6 and 18 241.2 19 20 WHEREAS, the public necessity, convenience, general welfare and good zoning 21 practice so require; 22 23 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 24 BEACH, VIRGINIA: 25 26 That Sections 102, 111, 401, 501, 601, 901, 1110, 1125, 1521, and 2203 of the 27 City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based 28 Code are hereby amended and reordained, and Sections 209.6 and 241.2 of the City 29 Zoning Ordinance are hereby added and ordained, to read as follows: 30 31 ARTICLE 1. GENERAL PROVISIONS 32 33 34 35 Sec. 102. Establishment of districts and official zoning maps. 36 37 (a) In order to carry out the purposes and provisions of this ordinance, the 38 following districts are hereby established: 39 40 41 42 (al) There are hereby established the - •e - - - ee e e e.' 43 following overlay districts: 44 45 Ci) Shore Drive Corridor Overlay District ("SD") 46 47 (2) North End Overlay District ("NE") 48 49 (3) Old Beach Overlay District ("OB")• 50 51 (4) Historic Kempsville Area Overlay District ("HK")' 52 53 (5) Workforce Housing Overlay District ("WF"); and 54 55 (6) Short Term Rental Overlay District ("STR"). 56 57 Such districts shall be designated on the official zoning map by the an 58 appropriate notation "(SSB)" following the designation of the underlying zoning district. As 59 an illustration, property in the Shore Drive Corridor Overlay District and in the B-4 Mixed 60 Use District shall be designated on the official zoning map as having the classification 61 "B_4(SD) " 62 63 (a2) There is hereby established the North End Overlay District. Such district 65 = . • - 68 69 • - • - - • - • -- •- ' • ' :. .• • - - '_ . . . . .. .. . . .. 74 75 80 2(HK)." 81 82 87 Overlay District shall be limited to property located within those areas of tho city 90 of the property. 91 2 92 93 94 Sec. 111. Definitions. 95 96 97 98 Home sharing. A dwelling in which a room or rooms are offered for rental for 99 compensation for a period of thirty (30) consecutive days or less by an owner who 100 utilizes the dwelling as his principal residence and occupies the dwelling during any 101 such rental period. 102 103 104 105 Hotel and motel. A building or group of attached or detached buildings containing 106 dwelling or lodging units in which fifty (50) percent or more of the units are lodging units, 107 and for which compensation is exchanged for short-term occupancy of the dwelling or 108 lodging units. A hotel shall include a lobby, clerk's desk or counter and facilities for 109 registration and keeping of records relating to hotel guests. 110 metals- 111 112 113 114 Principal residence. Principal residence shall be the location where a person 115 lives fifty (50) percent or more of the time. A person shall not have more than one (1) 116 principal residence. 117 118 119 120 Short term rental. A dwelling that does not meet the definition of home sharing in 121 which a room or rooms, or the entire dwelling are rented for thirty (30) consecutive days 122 or less for compensation. 123 124 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 125 ALL DISTRICTS 126 127 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 128 PARKING, OFF-STREET LOADING, AND CERTAIN USES 129 130 131 132 Sec. 209.6. Home sharing. 133 134 t All parking must be provided on the property in which the home sharing is 135 located; 136 3 137 2. No noise shall be created in excess of what is normally expected in a 138 residential neighborhood; 139 140 3. No additional traffic shall be created in excess of what is normally expected 141 in a residential neighborhood• 142 143 4. The owner must provide contact information sufficient to allow the city to 144 communicate with the owner occupying the dwelling at all times during the 145 rental period 146 147 5. To the extent permitted by state law, each dwelling offered as a home share 148 must maintain registration with the Commissioner of Revenue's office and 149 pay all applicable taxes. Adiudicated violations of three (3) applicable local 150 state or federal laws or regulations may result in the revocation of said 151 registration. 152 153 6. There shall be posted in a conspicuous place within the dwelling the 154 complete text of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 155 27 and 31-28 (solid waste collection), 12-5 (fires on the beach) and 12-43.2 156 (fireworks); 157 158 7. All refuse shall be placed in automated refuse receptacles, where provided 159 and comply with the requirements of City Code Sections 31-26, 31-27 and 160 31-28- 161 162 8. There shall be no more than one (1) rental contract during any consecutive 163 seven (7) day period. 164 165 9. The owner shall provide proof of liability insurance applicable to the rental 166 activity of at least one million dollars ($1,000,000.00) underwritten by 167 insurers acceptable to the city; 168 169 10.AIl emergency exits in the structure shall be clearly marked; and 170 171 11.The City may inspect the property at any reasonable time, after notice, to 172 verify compliance with the provisions listed above. 173 174 C. CONDITIONAL USES AND STRUCTURES 175 176 . . . . 177 178 Sec. 241.2 Short term rental. 4 179 180 1. All parking must be provided on the property in which the short term rental is 181 located: 182 183 2. No noise shall be created in excess of what is normally expected in a 184 residential neighborhood' 185 186 3. No additional traffic shall be created in excess of what is normally expected 187 in a residential neighborhood' 188 189 4. No events with more than fifty (50) people present, shall be held absent a 190 special events permit. Events with more than fifty (50) people are limited to 191 no more than three (3) events in a calendar year. No more than one 192 hundred (100) people shall be present at any event held on the property' 193 194 5. The owner or the owner's agent must be identified and able to be present 195 on the site within thirty (30) minutes of being contacted at all times during 196 the rental period' 197 198 6. No signage shall be on site, except that each short term rental is allowed 199 one (1), one-foot by one-foot sign, posted on the building, that identifies the 200 short term rental' 201 202 T To the extent permitted by state law, each short term rental must maintain 203 registration with the Commissioner of Revenue's office and pay all 204 applicable taxes. Adiudicated violations of three (3) applicable local, state 205 or federal laws or regulations may result in the revocation of said 206 registration- 207 208 8. There shall be posted in a conspicuous place within the dwelling the 209 complete text of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 210 27 and 31-28 (solid waste collection), 12-5 (fires on the beach) and 12-43.2 211 (fireworks)' 212 213 9. All refuse shall be placed in automated refuse receptacles, where provided 214 and comply with the requirements of City Code Sections 31-26, 31-27 and 215 31-28' 216 217 10.There shall be no more than one (1) rental contract during any consecutive 218 seven (7) day period 219 5 220 11.The owner shall provide proof of liability insurance applicable to the rental 221 activity of at least one million dollars ($1,000,000.00) underwritten by 222 insurers acceptable to the city 223 224 12.The maximum number of persons on the property after 10:00 p.m. and 225 before 7:00 a.m. shall be two (2) individuals per bedroom plus four (4) 226 additional persons; 227 228 13.All emergency exits in the structure shall be clearly marked; and 229 230 14.The City may inspect the property at any reasonable time, after notice, to 231 verify compliance with the provisions listed above. 232 233 ARTICLE 4. - AGRICULTURAL DISTRICTS 234 235 (a) Principal and conditional uses. The following chart lists those uses permitted 236 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 237 respective agricultural districts shall be permitted as either principal uses indicated by a 238 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 239 shall be prohibited in the respective districts. No uses or structures other than as 240 specified shall be permitted. 241 Use -._ AG-1 AG-2 Home sharing meeting the requirements of section 209.6 P P Short term rental C C Short term rental within the STR Overlay District P P 242 243 (b) Accessory uses and structures. Uses and structures which are customarily 244 accessory and clearly incidental and subordinate to principal uses and structures, 245 including but not limited to, an accessory activity operated for profit in a residential 246 dwelling unit where (i) there is no change in the outside appearance of the building or 247 premises or any visible or audible evidence detectable from outside the building lot, 248 either permanently or intermittently, of the conduct of such business except for one (1) 249 nonilluminated sign not more than one (1) square foot in area mounted flat against the 250 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 251 by such activity in greater volumes than would normally be expected in the 6 252 neighborhood, and any need for parking generated by the conduct of such activity is 253 met off the street and other than in a required front yard; (iii) the activity is conducted on 254 the premises which is the bona fide residence of the principal practitioner, and no 255 person other than members of the immediate family occupying such dwelling units is 256 employed in the activity; (iv) such activity is conducted only in the principal structure on 257 the lot; (v) there are no sales to the general public of products or merchandise from the 258 home, except for agricultural products, or agricultural-related products, incidental to an 259 agricultural operation on which the dwelling unit is located; and (vi) the activity is 260 specifically designed or conducted to permit no more than one (1) patron, customer, or 261 pupil to be present on the premises at any one time. Notwithstanding the provisions of 262 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 263 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 264 persons on the premises at any one time in connection with the performance of such 265 rites, provided that all other requirements of subdivision (b)(2) are met. The following 266 are specifically prohibited as accessory activities: Convalescent or nursing homes, 267 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 268 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 269 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 270 accessory use to the dwelling. 271 272 273 274 ARTICLE 5. RESIDENTIAL DISTRICTS. 275 276 . . . . 277 278 Sec. 501. Use regulations. 279 280 (a) Principal and conditional uses. The following chart lists those uses permitted 281 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 282 respective residential districts shall be permitted as either principal uses indicated by a 283 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 284 shall be prohibited in the respective districts. No uses or structures other than as 285 specified shall be permitted. 286 Uses Residential Districts R- R- R- R- R- R- R- R- R- R- 40 ' 30 20 ! I5 10 1 7.5 5D 5R 1 5S 2.5 7 Home sharing meeting theI' ! P I P P P P P ! P PI, P P requirements of section 209.6 — — — — — — — — Short term rental ) C C C C C C ! C C C C C i! Short term rental within the STR P P P P P P P P P P Overlay District — — — — , ! 287 288 (b) Accessory uses and structures. Uses and structures which are customarily 289 accessory and clearly incidental and subordinate to principal uses and structures and 290 where such accessory structures do not exceed the height of the principal structure and, 291 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 292 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 293 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 294 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 295 the principal structure. Such accessory uses and structures include but are not limited 296 to: 297 298 299 (n7 Rental of rooms in a dwelling or the entire dwelling for more than thirty 300 (30) consecutive days is an accessory use to the dwelling. 301 302 ARTICLE 6. - APARTMENT DISTRICTS 303 304 305 306 Sec. 601. - Use regulations. 307 308 (a) Principal and conditional uses. The following chart lists those uses permitted 309 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 310 respective apartment districts shall be permitted as either principal uses indicated by a 311 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 312 shall be prohibited in the respective districts. No uses or structures other than as 313 specified shall be permitted. 314 8 i Use A-12 A 18 A-24 A-36 Home sharing meeting the requirements of section 209.6 P P • P P Short term rental C C Short term rental within the STR Overlay District P i P 7 P ? P -- — ---..-. -_. __.-_ --. __ -_ — 'r - -- 315 O ,. 316 b Accessoryuses and structures. Uses and structures which are customarily 317 accessory and clearly incidental and subordinate to principal uses and structures, 318 including but not limited to: 319 320 321 322 a) Rental of rooms in a dwelling or the entire dwelling for more than thirty 323 (30) consecutive days is an accessory use to the dwelling. 324 325 326 327 ARTICLE 9. - BUSINESS DISTRICTS 328 329 330 331 Sec. 901. - Use regulations. 332 333 (a) Principal and conditional uses. The following chart lists those uses permitted 334 within the B-1 through B-4K Business Districts. Those uses and structures in the 335 respective business districts shall be permitted as either principal uses indicated by a 336 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 337 shall be prohibited in the respective districts. No uses or structures other than as 338 specified shall be permitted. 339 Use B- B- B- B- B- B- B ' 1 1A 2 3 4 4C 4K Home sharing meeting the requirements of section X X XXPP P 209.6 — 9 Short term rental IXI X X X I C C C Short term rental within the STR Overlay District I X X X XIP P P 340 341 (b) Accessory uses and structures. Uses and structures which are customarily 342 accessory and clearly incidental and subordinate to the principal uses and structures, 343 including, but not limited to: 344 345 346 347 (2) Rental of rooms in a dwelling or the entire dwelling for more than thirty 348 (30) consecutive days is an accessory use to the dwelling. 349 350 ARTICLE 11. - PLANNED DEVELOPMENT DISTRICTS 351 352 Sec. 1110. - Land use regulation. 353 354 355 356 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 357 A-12 Apartment District other than hospitals and sanitariums, together with the 358 following enumerated uses and structures, shall be permitted: 359 360 (1) Fraternity and sorority houses, student dormitories and student centers; 361 362 (2) Housing for seniors and disabled persons, with a conditional use permit; 363 364 (3) Marinas; 365 366 (4) Private clubs or social centers provided that clubs where conduct of commercial 367 affairs is a principal activity shall not be permitted; and 368 369 (5) Residential care for seniors, provided that no more than two (2) employees 370 including a bona fide resident of the dwelling shall be permitteck. 371 372 (6) Home sharing meeting the requirements of section 209.6; and 373 374 jf7 Short term rental within the STR Overlay District. 375 376 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses: 377 378 (1) Communication towers; to 379 380 (2) Family day-care homes; 381 382 (3) Group homes; 383 384 (4) Kennels, residential; 385 386 (5) Religious uses; 387 388 (6) Wind energy conversion systems, free standing and roof-mounted; and 389 390 (7) Home-based wildlife rehabilitation facilities, provided that the principal 391 structure is a single-family dwelling and the lot is greater than two thousand 392 five hundred (2,500) square feet. and 393 394 (8� Short term rental. 395 396 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 397 398 399 400 Sec. 1125. - Allowed uses. 401 402 Within the PD-H2 District, only the following uses and structures shall be permitted: 403 404 (a) Principal uses and structures. 405 406 (1) Dwelling units of the types specified in the land use plan; 407 408 (2) Public buildings, structures, and other public uses; 409 410 (3) Recreational facilities of the type described in the plan; 411 412 (4) Child care education centers, in connection with public or private 413 elementary schools or churches, provided that such uses shall not be 414 eligible for residential density credit; 415 416 (5) Day-care centers, provided that such uses shall not be eligible for 417 residential density credit; 418 419 (6) Public utilities installations and substations; provided offices or storage or 420 maintenance facilities shall not be permitted; and provided, further, that 421 utilities substations, other than individual transformers, shall be surrounded 422 by a wall, solid except for entrances and exits, or by a fence with a 423 screening hedge five (5) to six (6) feet in height; and provided also, 424 transformer vaults for underground utilities and like uses shall require only 425 a landscaped screening hedge, solid except for access opening 11 426 427 (7) Home sharing meeting the requirements of section 209.6; and 428 429 (8) Short term rental within the STR Overlay District. 430 431 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 432 subordinate to the principal uses shall be allowed as accessory uses. Rental of rooms in 433 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 434 accessory use to the dwelling. 435 436 (c) Conditional uses. 437 438 (1) Religious uses, provided that such use shall not be eligible for residential 439 density credit; 440 441 (2) Family day-care homes; foster homes and group homes, provided that such 442 uses shall not be eligible for residential density credit; 443 444 (3) Home occupations; 445 446 (4) Housing for seniors and disabled persons,. and 447 448 n Short term rental. 449 450 451 452 C. RT-3 RESORT TOURIST DISTRICT 453 454 455 456 Sec. 1521. Use regulations. 457 458 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 459 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 460 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 461 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 462 buildings within the RT-3 District may include any principal or conditional uses in 463 combination with any other principal or conditional use. No uses or structures other than 464 those specified shall be permitted. All uses, whether principal or conditional, should to 465 the greatest extent possible adhere to the provisions of the Special Area Design 466 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 467 Plan. Use RT-3 ',.. 12 Home sharing meeting the requirements of section 209.6 P Short term rental C Short term rental within the STR Overlay District P 468 469 (b) Accessory uses and structures : Uses and structures which are customarily 470 accessory and clearly incidental and subordinate to the principal uses and structures; 471 provided, however, that drive-through facilities shall not be permitted as an accessory 472 use: 473 474 475 476 (2) Rental of rooms in a dwelling or the entire dwelling for more than 30 477 consecutive days is an accessory use to the dwelling. 478 479 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 480 481 482 483 B. - DEVELOPMENT REGULATIONS 484 485 486 487 Sec. 2203. - Use regulations. 488 489 (a) The following chart lists those uses permitted within the Central Business Core 490 District. Uses and structures shall be allowed either as principal uses, indicated by a 491 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 492 shall be prohibited, unless allowed by special exception for Alternative Compliance 493 pursuant to Section 2205. No uses or structures other than as specified herein or as 494 allowed pursuant to subsection (b) shall be permitted. 495 Use District CBC Home sharing meeting the requirements of section 209.6 P 13 Short term rental Short term rental within the STR Zoning District P 496 497 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 498 similar to a listed use, the Zoning Administrator may categorize the proposed use as a 499 use permitted by this section, either as a principal or conditional use. In determining 500 whether a proposed use is similar to a listed use, the Zoning Administrator shall 501 consider (1) the actual or projected characteristics of the proposed use in comparison 502 to those of the most similar listed use; and (2) the categorization of the proposed use 503 in the Standard Land Use Coding Manual (First Edition January 1965). Rental of 504 rooms in a dwelling or the entire dwelling for more than thirty (30) consecutive days is 505 an accessory use to the dwelling. 506 507 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 508 509 510 511 Sec. 5.2. Permitted Use Table. 512 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground Upper Ground All Ground Upper Use Standard USE Floor Floors Floor Floors Floor Floors All Floors All Floors /Notes LODGING Home siarin _ L _ L L L -- See Sec.209.6 meeting the requirements of section 209 6 Short term rental = C C C C - See Sec.241.2 Short term rental _ L _ -- L L L -- See Sec.241.2 within the STR Overlav District 513 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. 14 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4aPl7(9‘alitt.4.1.04,6C/L-C evL4,t_ nning Department City Attorney's Office CA14135 R-10 November 2, 2017 15 1 ALTERNATIVE 2 2 3 AN ORDINANCE TO AMEND SECTIONS 111, 401, 501, 4 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY 5 ZONING ORDINANCE AND SECTION 5.2 OF THE 6 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 7 AND ADD SECTIONS 209.6 AND 241.2 OF THE CITY 8 ZONING ORDINANCE PERTAINING TO THE DEFINITION, 9 REQUIREMENTS AND USE OF HOME SHARING AND 10 SHORT TERM RENTALS 11 12 Sections Amended: City Zoning Ordinance Sections 111, 13 401, 501, 601, 901, 1110, 1125, 1521, and 2203 and 14 Oceanfront Resort District Form-Based Code Section 5.2 15 16 Sections Added: City Zoning Ordinance Sections 209.6 and 17 241.2 18 19 WHEREAS, the public necessity, convenience, general welfare and good zoning 20 practice so require; 21 22 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 23 BEACH, VIRGINIA: 24 25 That Sections 111, 401, 501, 601, 901, 1110, 1125, 1521, and 2203 of the City 26 Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code 27 are hereby amended and reordained, and Sections 209.6 and 241.2 of the City Zoning 28 Ordinance are hereby added and ordained, to read as follows: 29 30 Sec. 111. Definitions. 31 32 33 34 Home sharing. A dwelling in which a room or rooms are offered for rental for 35 compensation for a period of thirty (30) consecutive days or less by an owner who 36 utilizes the dwelling as his principal residence and occupies the dwelling during any 37 such rental. 38 39 40 41 Hotel and motel. A building or group of attached or detached buildings containing 42 dwelling or lodging units in which fifty (50) percent or more of the units are lodging units, 43 and for which compensation is exchanged for short-term occupancy of the dwelling or 44 lodging units. A hotel shall include a lobby, clerk's desk or counter and facilities for 45 registration and keeping of records relating to hotel guests. This term also includes 46 motels. 47 48 49 50 Principal residence. Principal residence shall be the location where a person 51 lives fifty (50) percent or more of the time. 52 53 . . . . 54 55 Shod term rental. A dwelling that does not meet the definition of home sharing in 56 which a room or rooms, or the entire dwelling are rented for thirty (30) consecutive days 57 or less for compensation. 58 59 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 60 ALL DISTRICTS 61 62 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 63 PARKING, OFF-STREET LOADING, AND CERTAIN USES 64 65 66 67 Sec. 209.6. Home sharing. 68 69 1. All parking must be provided on the property in which the home sharing is 70 located• 71 72 2. No noise shall be created in excess of what is normally expected in a 73 residential neighborhood• 74 75 3. No additional traffic shall be created in excess of what is normally expected 76 in a residential neighborhood. 77 78 4. The owner must provide contact information sufficient to allow the city to 79 communicate with the owner occupying the dwelling at all times during the 80 rental period 81 82 5. To the extent permitted by state law, each dwelling offered as a home share 83 must maintain registration with the Commissioner of Revenue's office and 84 pay all applicable taxes. Adjudicated violations of three (3) applicable 85 federal, state or local laws or regulations may result in the revocation of said 86 registration• 87 88 6. There shall be posted in a conspicuous place within the dwelling the 89 complete text of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 2 90 27 and 31-28 (solid waste collection), 12-5 (fires on the beach) and 12-43.2 91 (fireworks) 92 93 7. All refuse shall be placed in automated refuse receptacles, where provided 94 and comply with the requirements of City Code Sections 31-26, 31-27 and 95 31-28' 96 97 8. There shall be no more than one (1) rental contract during any consecutive 98 seven (7) day period 99 100 a The owner shall provide proof of liability insurance applicable to the rental 101 activity of at least one million dollars ($1,000,000.00) underwritten by 102 insurers acceptable to the city- 103 ity103 104 10. All emergency exits in the structure shall be clearly marked; and 105 106 11.The City may inspect the property at any reasonable time, after notice, to 107 verify compliance with the provisions listed above. 108 109 C. CONDITIONAL USES AND STRUCTURES 110 111 112 113 Sec. 241.2 Short term rental. 114 115 1. All parking must be provided on the property in which the short term rental is 116 located; 117 118 2. No noise shall be created in excess of what is normally expected in a 119 residential neighborhood- 120 121 3. No additional traffic shall be created in excess of what is normally expected 122 in a residential neighborhood 123 124 4. No events with more than fifty (50) people present, shall be held absent a 125 special events permit. Events with more than fifty (50) people are limited to 126 no more than three (3) events in a calendar year. No more than one 127 hundred (100) people shall be present at any event held on the property- 128 roperty128 129 5. The owner or the owner's agent must be identified and able to be present 130 on site within thirty (30) minutes of being contacted at all times during the 131 rental period- 3 132 133 6. No signage shall be on site, except that each short term rental is allowed 134 one (1), one-foot by one-foot sign, posted on the building, that identifies the 135 short term rental. 136 137 7. To the extent permitted by state law, each short term rental must maintain 138 registration with the Commissioner of Revenue's office and pay all 139 applicable taxes. Adjudicated violations of three (3) applicable local, state 140 or federal laws or regulations may result in the revocation of said 141 registration. 142 143 8. There shall be posted in a conspicuous place within the dwelling the 144 complete text of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 145 27 and 31-28 (solid waste collection), 12-5 (fres on the beach) and 12-43.2 146 (fireworks). 147 148 9. All refuse shall be placed in automated refuse receptacles, where provided 149 and comply with the requirements of City Code Sections 31-26, 31-27 and 150 3131-28. 151 152 10.There shall be no more than one (1) rental contract during any consecutive 153 seven (7) day period' 154 155 11.The owner shall provide proof of liability insurance applicable to the rental 156 activity of at least one million dollars ($1,000,000.00) underwritten by 157 insurers acceptable to the city' 158 159 12.The maximum number of persons on the property after 11:00 p.m. and 160 before 7:00 a.m. shall be two (2) individuals per bedroom plus four (4) 161 additional persons' 162 163 13.Any short term rental that has paid transient occupancy taxes to the 164 Commissioner of the Revenue prior to January 1, 2017 shall be considered 165 qrandfathered and shall not be required to obtain a Conditional Use Permit 166 where otherwise required, but must meet the conditions of section 241.2. 167 Any expansion of the footprint of the dwelling housing the short term rental 168 shall repeal the qrandfathered status of the short term rental and require a 169 conditional use permit for such use 170 171 14.AII emergency exits in the structure shall be clearly marked; and 172 173 15.The City may inspect the property at any reasonable time, after notice, to 174 verify compliance with the provisions listed above. 4 175 176 ARTICLE 4. - AGRICULTURAL DISTRICTS 177 178 (a) Principal and conditional uses. The following chart lists those uses permitted 179 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 180 respective agricultural districts shall be permitted as either principal uses indicated by a 181 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 182 shall be prohibited in the respective districts. No uses or structures other than as 183 specified shall be permitted. 184 Use AG-1 AG-2 Home sharing meeting the requirements of section 209.6 P P Short term rental C C 185 186 (b) Accessory uses and structures. Uses and structures which are customarily 187 accessory and clearly incidental and subordinate to principal uses and structures, 188 including but not limited to, an accessory activity operated for profit in a residential 189 dwelling unit where (i) there is no change in the outside appearance of the building or 190 premises or any visible or audible evidence detectable from outside the building lot, 191 either permanently or intermittently, of the conduct of such business except for one (1) 192 nonilluminated sign not more than one (1) square foot in area mounted flat against the 193 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 194 by such activity in greater volumes than would normally be expected in the 195 neighborhood, and any need for parking generated by the conduct of such activity is 196 met off the street and other than in a required front yard; (iii) the activity is conducted on 197 the premises which is the bona fide residence of the principal practitioner, and no 198 person other than members of the immediate family occupying such dwelling units is 199 employed in the activity; (iv) such activity is conducted only in the principal structure on 200 the lot; (v) there are no sales to the general public of products or merchandise from the 201 home, except for agricultural products, or agricultural-related products, incidental to an 202 agricultural operation on which the dwelling unit is located; and (vi) the activity is 203 specifically designed or conducted to permit no more than one (1) patron, customer, or 204 pupil to be present on the premises at any one time. Notwithstanding the provisions of 205 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 206 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 207 persons on the premises at any one time in connection with the performance of such 208 rites, provided that all other requirements of subdivision (b)(2) are met. The following 5 209 are specifically prohibited as accessory activities: Convalescent or nursing homes, 210 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 211 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 212 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 213 accessory use to the dwelling. 214 215 216 217 ARTICLE 5. RESIDENTIAL DISTRICTS. 218 219 220 221 Sec. 501. Use regulations. 222 223 (a) Principal and conditional uses. The following chart lists those uses permitted 224 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 225 respective residential districts shall be permitted as either principal uses indicated by a 226 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 227 shall be prohibited in the respective districts. No uses or structures other than as 228 specified shall be permitted. 229 Uses Residential Districts R- R- R- R- R- R- R- R- R- R- 40 I 30 20 , 15 10 7.5 II 5D ', 5R 5S 2.5 Home sharing meeting the P P P P P P P P P P requirements of section 209.6 Short term rental CCC C C C C C C C 230 - - 231 (b) Accessory uses and structures. Uses and structures which are customarily 232 accessory and clearly incidental and subordinate to principal uses and structures and 233 where such accessory structures do not exceed the height of the principal structure and, 234 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 6 235 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 236 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 237 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 238 the principal structure. Such accessory uses and structures include but are not limited 239 to: 240 241 242 (f7 Rental of rooms in a dwelling or the entire dwelling for more than thirty 243 (30) consecutive days is an accessory use to the dwelling. 244 245 ARTICLE 6. - APARTMENT DISTRICTS 246 247 248 249 Sec. 601. - Use regulations. 250 251 (a) Principal and conditional uses. The following chart lists those uses permitted 252 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 253 respective apartment districts shall be permitted as either principal uses indicated by a 254 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 255 shall be prohibited in the respective districts. No uses or structures other than as 256 specified shall be permitted. 257 Use 'A-12 A-18 A-24 A-36 Home sharing meeting the requirements of section 209.6 C C C C Short term rental C C 1 C C . 258 259 (b) Accessory uses and structures. Uses and structures which are customarily 260 accessory and clearly incidental and subordinate to principal uses and structures, 261 including but not limited to: 262 263 264 265 D) Rental of rooms in a dwelling or the entire dwelling for more than thirty 266 (30) consecutive days is an accessory use to the dwelling. 267 268 7 269 270 ARTICLE 9. - BUSINESS DISTRICTS 271 272 273 274 Sec. 901. - Use regulations. 275 276 (a) Principal and conditional uses. The following chart lists those uses permitted 277 within the B-1 through B-4K Business Districts. Those uses and structures in the 278 respective business districts shall be permitted as either principal uses indicated by a 279 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 280 shall be prohibited in the respective districts. No uses or structures other than as 281 specified shall be permitted. 282 Use B- B- B I B B B B 1 1A ' 2 ', 3 ', 4 4C 4K I Home sharing meeting the requirements of section X XX X P P P 209.6 — — — — — Short term rental X X IXIX C C C 283 284 (b) Accessory uses and structures. Uses and structures which are customarily 285 accessory and clearly incidental and subordinate to the principal uses and structures, 286 including, but not limited to: 287 288 289 290 (g) Rental of rooms in a dwelling or the entire dwelling for more than thirty 291 (30) consecutive days is an accessory use to the dwelling. 292 293 ARTICLE 11. - PLANNED DEVELOPMENT DISTRICTS 294 295 Sec. 1110. - Land use regulation. 296 297 298 299 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 300 A-12 Apartment District other than hospitals and sanitariums, together with the 301 following enumerated uses and structures, shall be permitted: 8 302 303 (1) Fraternity and sorority houses, student dormitories and student centers; 304 305 (2) Housing for seniors and disabled persons, with a conditional use permit; 306 307 (3) Marinas; 308 309 (4) Private clubs or social centers provided that clubs where conduct of commercial 310 affairs is a principal activity shall not be permitted; and 311 312 (5) Residential care for seniors, provided that no more than two (2) employees 313 including a bona fide resident of the dwelling shall be permitted.-; and 314 315 j6j Home sharing meeting the requirements of section 209.6. 316 317 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses: 318 319 (1) Communication towers; 320 321 (2) Family day-care homes; 322 323 (3) Group homes; 324 325 (4) Kennels, residential; 326 327 (5) Religious uses; 328 329 (6) Wind energy conversion systems, free standing and roof-mounted; and 330 331 (7) Home-based wildlife rehabilitation facilities, provided that the principal 332 structure is a single-family dwelling and the lot is greater than two thousand 333 five hundred (2,500) square feet. and 334 335 (A) Short term rental. 336 337 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 338 339 340 341 Sec. 1125. - Allowed uses. 342 343 Within the PD-H2 District, only the following uses and structures shall be permitted: 344 345 (a) Principal uses and structures. 346 347 (1) Dwelling units of the types specified in the land use plan; 348 9 349 (2) Public buildings, structures, and other public uses; 350 351 (3) Recreational facilities of the type described in the plan; 352 353 (4) Child care education centers, in connection with public or private 354 elementary schools or churches, provided that such uses shall not be 355 eligible for residential density credit; 356 357 (5) Day-care centers, provided that such uses shall not be eligible for 358 residential density credit; 359 360 (6) Public utilities installations and substations; provided offices or storage or 361 maintenance facilities shall not be permitted; and provided, further, that 362 utilities substations, other than individual transformers, shall be surrounded 363 by a wall, solid except for entrances and exists, or by a fence with a 364 screening hedge five (5) to six (6) feet in height; and provided also, 365 transformer vaults for underground utilities and like uses shall require only 366 a landscaped screening hedge, solid except for access opening..-; and 367 368 (7) Home sharing meeting the requirements of section 209.6. 369 370 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 371 subordinate to the principal uses shall be allowed as accessory uses. Rental of rooms in 372 a dwelling or the entire dwelling for more than 30 consecutive days is an accessory use 373 to the dwelling. 374 375 (c) Conditional uses. 376 377 (1) Religious uses, provided that such use shall not be eligible for residential 378 density credit; 379 380 (2) Family day-care homes; foster homes and group homes, provided that such 381 uses shall not be eligible for residential density credit; 382 383 (3) Home occupations; 384 385 (4) Housing for seniors and disabled persons,; and 386 387 (5) Short term rental. 388 389 390 391 C. RT-3 RESORT TOURIST DISTRICT 392 393 394 395 Sec. 1521. Use regulations. 10 396 397 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 398 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 399 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 400 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 401 buildings within the RT-3 District may include any principal or conditional uses in 402 combination with any other principal or conditional use. No uses or structures other than 403 those specified shall be permitted. All uses, whether principal or conditional, should to 404 the greatest extent possible adhere to the provisions of the Special Area Design 405 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 406 Plan. 407 Use ' RT-3 Home sharing meeting the requirements of section 209.6 1 P Short term rental , C . . 408 . . ..',. 409 (b) Accessory uses and structures : Uses and structures which are customarily 410 accessory and clearly incidental and subordinate to the principal uses and structures; 411 provided, however, that drive-through facilities shall not be permitted as an accessory 412 use: 413 414 415 (2) Rental of rooms in a dwelling or the entire dwelling for more than thirty 416 (30) consecutive days is an accessory use to the dwelling. 417 418 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 419 420 421 422 B. - DEVELOPMENT REGULATIONS 423 424 425 426 Sec. 2203. - Use regulations. 427 428 (a) The following chart lists those uses permitted within the Central Business Core 429 District. Uses and structures shall be allowed either as principal uses, indicated by a 11 430 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 431 shall be prohibited, unless allowed by special exception for Alternative Compliance 432 pursuant to Section 2205. No uses or structures other than as specified herein or as 433 allowed pursuant to subsection (b) shall be permitted. 434 Use I, District CBC Home sharing meeting the requirements of section 209.6 P Short term rental 435 --. 436 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 437 similar to a listed use, the Zoning Administrator may categorize the proposed use as a 438 use permitted by this section, either as a principal or conditional use. In determining 439 whether a proposed use is similar to a listed use, the Zoning Administrator shall 440 consider (1) the actual or projected characteristics of the proposed use in comparison 441 to those of the most similar listed use; and (2) the categorization of the proposed use 442 in the Standard Land Use Coding Manual (First Edition January 1965). Rental of 443 rooms in a dwelling or the entire dwelling for more than thirty (30) consecutive days is 444 an accessory use to the dwelling. 445 446 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 447 448 Sec. 5.2. Permitted Use Table. 449 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground Upper Ground All Floors Ground Upper All Floors All Floors Use Standard USE Floor Floors Floor Floor Floors /Notes LODGING Home sharing = L = = L L L - See Sec.209.5 meeting the requirements of section 209.6 meepna the requirements of section 259.6 Short term rental = C - O 0 C = See Sec.2012 12 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: t N Planning Department . City Attorney's Office CA14135 R-10 November 2, 2017 13 1 ALTERNATIVE 3 2 3 AN ORDINANCE TO AMEND SECTIONS 111, 401, 501, 4 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY 5 ZONING ORDINANCE AND SECTION 5.2 OF THE 6 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 7 AND ADD SECTION 209.6 OF THE CITY ZONING 8 ORDINANCE PERTAINING TO THE DEFINITION, 9 REQUIREMENTS AND USE OF HOME OCCUPATION- 10 SHORT TERM RENTAL 11 12 Sections Amended: City Zoning Ordinance Sections 111, 13 401, 501, 601, 901, 1110, 1125 and 1521 and Oceanfront 14 Resort District Form-Based Code Section 5.2 15 16 Sections Added: City Zoning Ordinance Section 209.6 17 18 WHEREAS, the public necessity, convenience, general welfare and good zoning 19 practice so require; 20 21 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 22 BEACH, VIRGINIA: 23 24 That Sections 111, 401, 501, 601, 901, 1110, 1125 and 1521 of the City Zoning 25 Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code are 26 hereby amended and reordained, and Section 209.6 of the City Zoning Ordinance is 27 hereby added and ordained, to read as follows: 28 29 ARTICLE 1. GENERAL PROVISIONS 30 31 32 33 Sec. 111. Definitions. 34 35 . . . . 36 37 Home occupation. The conduct of a business in a residential dwelling unit 38 where all of the following characteristics are present: 39 40 (a) The use of the dwelling unit for the business is clearly incidental and 41 subordinate to its use for residential purposes by its occupants. 42 43 (b) There is no change in the outside appearance of the building or premises or 44 any visible or audible evidence detectable from outside the building lot, 45 either permanently or intermittently, of the conduct of such business except 46 for an identification sign regulated by this ordinance. 47 48 (c) The home occupation is conducted on the premises which is the bona fide 49 residence of the principal practitioner, and no more than one (1) person 50 other than a member of the immediate family occupying such dwelling unit 51 is employed in the business. 52 53 (d) There are no sales to the general public of products or merchandise from 54 the home. 55 56 (e) The use does not qualify as an accessory use as defined by this ordinance. 57 58 . . . . 59 60 Short term rental. A dwelling in which a room or rooms or the entire dwelling are 61 rented for thirty (30) consecutive days or less for monetary compensation, and which is 62 a home occupation in any dwelling unit. 63 64 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 65 ALL DISTRICTS 66 67 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 68 PARKING, OFF-STREET LOADING, AND CERTAIN USES 69 70 71 72 Sec. 209.6. Home occupation-short term rental. 73 74 1. All parking must be provided on the property in which the home occupation- 75 short term rental is located 76 77 2. No noise shall be created in excess of what is normally expected in a 78 residential neighborhood• 79 80 3. No additional traffic shall be created in excess of what is normally expected 81 in a residential neighborhood• 82 83 4. No events with more than fifty (50) people present, shall be held absent a 84 special events permit. Events with more than fifty (50) people are limited to 85 no more than three (3) events in a calendar year. No more than one 86 hundred (100) people shall be present at any event held on the property. 87 88 5. The owner or the owner's agent must be identified and able to be present 89 on the site within thirty (30) minutes of being contacted; 90 2 91 6. No signage shall be on site, except that each short term rental-home 92 occupation is allowed one (1), one-foot by one-foot sign, posted on the 93 building, that identifies the short term rental-home occupation. 94 95 7. To the extent permitted by state law, each dwelling offered as a short term 96 rental-home occupation must maintain registration with the Commissioner 97 of Revenue's office and pay all applicable taxes. Adiudicated violations of 98 three (3) applicable local, state or federal laws or regulations may result in 99 the revocation of said registration 100 101 8. There shall be posted in a conspicuous place within the dwelling the 102 complete text of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 103 27 and 31-28 (solid waste collection), 12-5 (fires on the beach) and 12-43.2 104 (fireworks). 105 106 9. All refuse shall be placed in automated refuse receptacles, where provided 107 and comply with the requirements of City Code Sections 31-26, 31-27 and 108 31-28. 109 110 10. There shall be no more than one (1) rental contract during any seven (7) 111 day period- 112 113 11. The owner shall provide proof of liability insurance applicable to the rental 114 activity of at least one million dollars ($1,000,000.00) underwritten by 115 insurers acceptable to the city; 116 117 12. The maximum number of persons on the property after 11:00 p.m. and 118 before 7:00 a.m. shall be two (2) individuals per bedroom plus four (4) 119 additional persons 120 121 13. All emergency exits in the structure shall be clearly marked: and 122 123 14. The City may inspect the property at any reasonable time, after notice, to 124 verify compliance with the provisions listed above. 125 126 127 128 ARTICLE 4. - AGRICULTURAL DISTRICTS 129 130 (a) Principal and conditional uses. The following chart lists those uses permitted 131 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 132 respective agricultural districts shall be permitted as either principal uses indicated by a 133 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 3 134 shall be prohibited in the respective districts. No uses or structures other than as 135 specified shall be permitted. 136 Use AG- AG- 1 2 • Home occupations, including those conducted outside the principal C C structures Home occupation-short term rental meeting the requirements of section P P 209.6 — — 137 138 (b) Accessory uses and structures. Uses and structures which are customarily 139 accessory and clearly incidental and subordinate to principal uses and structures, 140 including but not limited to, an accessory activity operated for profit in a residential 141 dwelling unit where (i) there is no change in the outside appearance of the building or 142 premises or any visible or audible evidence detectable from outside the building lot, 143 either permanently or intermittently, of the conduct of such business except for one (1) 144 nonilluminated sign not more than one (1) square foot in area mounted flat against the 145 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 146 by such activity in greater volumes than would normally be expected in the 147 neighborhood, and any need for parking generated by the conduct of such activity is 148 met off the street and other than in a required front yard; (iii) the activity is conducted on 149 the premises which is the bona fide residence of the principal practitioner, and no 150 person other than members of the immediate family occupying such dwelling units is 151 employed in the activity; (iv) such activity is conducted only in the principal structure on 152 the lot; (v) there are no sales to the general public of products or merchandise from the 153 home, except for agricultural products, or agricultural-related products, incidental to an 154 agricultural operation on which the dwelling unit is located; and (vi) the activity is 155 specifically designed or conducted to permit no more than one (1) patron, customer, or 156 pupil to be present on the premises at any one time. Notwithstanding the provisions of 157 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 158 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 159 persons on the premises at any one time in connection with the performance of such 160 rites, provided that all other requirements of subdivision (b)(2) are met. The following 161 are specifically prohibited as accessory activities: Convalescent or nursing homes, 162 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 163 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 164 a dwelling or the entire dwelling for more than thirty (30) consecutive days in an 165 accessory use. 166 4 167 b.1) Home occupation-short term rental. A use that meets the requirements of 168 Section 209.6. 169 170 171 172 ARTICLE 5. RESIDENTIAL DISTRICTS. 173 174 175 176 Sec. 501. Use regulations. 177 178 (a) Principal and conditional uses. The following chart lists those uses permitted 179 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 180 respective residential districts shall be permitted as either principal uses indicated by a 181 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 182 shall be prohibited in the respective districts. No uses or structures other than as 183 specified shall be permitted. 184 Uses Residential Districts R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 55 2.5 Home occupation C C C C C C C CCC Home occupation-short term rental meeting the requirements of section PPPPPP PPP P 209.6 185 186 (b) Accessory uses and structures. Uses and structures which are customarily 187 accessory and clearly incidental and subordinate to principal uses and structures and 188 where such accessory structures do not exceed the height of the principal structure and, 189 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 190 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 191 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 192 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 193 the principal structure. Such accessory uses and structures include but are not limited 194 to: 5 195 196 197 (7) Rental of rooms in a dwelling or the entire dwelling for more than thirty 198 (30) consecutive days is an accessory use. 199 200 (b.1) Home occupation-shod term rental. A use that meets the requirements of 201 Section 209.6. 202 203 ARTICLE 6. - APARTMENT DISTRICTS 204 205 206 207 Sec. 601. - Use regulations. 208 209 (a) Principal and conditional uses. The following chart lists those uses permitted 210 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 211 respective apartment districts shall be permitted as either principal uses indicated by a 212 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 213 shall be prohibited in the respective districts. No uses or structures other than as 214 specified shall be permitted. 215 Use A- A- A- A 12 18 24 36 Home occupation C C C C Home occupation-short term rental meeting the requirements of P P P P , section 209.6 . 216 . . . 217 (b) Accessory uses and structures. Uses and structures which are customarily 218 accessory and clearly incidental and subordinate to principal uses and structures, 219 including but not limited to: 220 221 222 223 (3) Rental of rooms in a dwelling or the entire dwelling for more than thirty 224 (30) consecutive days is an accessory use. 225 226 (b.1) Home occupation-shod term rental. A use that meets the requirements of 227 Section 209.6. 228 6 229 230 231 ARTICLE 9. - BUSINESS DISTRICTS 232 233 234 235 Sec. 901. - Use regulations. 236 237 (a) Principal and conditional uses. The following chart lists those uses permitted 238 within the B-1 through B-4K Business Districts. Those uses and structures in the 239 respective business districts shall be permitted as either principal uses indicated by a 240 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 241 shall be prohibited in the respective districts. No uses or structures other than as 242 specified shall be permitted. 243 Use B B- B- B- B- B- B- , 1 1A 2 3 ' 4 4C 4K Home occupations X X X X C C C Home occupation-short term rental meeting the ! • requirements of section 209.6 244 245 (b) Accessory uses and structures. Uses and structures which are customarily 246 accessory and clearly incidental and subordinate to the principal uses and structures, 247 including, but not limited to: 248 249 250 251 ( Rental of rooms in a dwelling or the entire dwelling for more than thirty 252 (30) consecutive days is an accessory use. 253 254 (b.1) Home occupation-short term rental. A use that meets the requirements of 255 Section 209.6. 256 257 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 258 259 260 261 Sec. 1125. - Allowed uses. 262 7 263 Within the PD-H2 District, only the following uses and structures shall be permitted: 264 265 (a) Principal uses and structures. 266 267 (1) Dwelling units of the types specified in the land use plan; 268 269 (2) Public buildings, structures, and other public uses; 270 271 (3) Recreational facilities of the type described in the plan; 272 273 (4) Child care education centers, in connection with public or private 274 elementary schools or churches, provided that such uses shall not be 275 eligible for residential density credit; 276 277 (5) Day-care centers, provided that such uses shall not be eligible for 278 residential density credit; 279 280 (6) Public utilities installations and substations; provided offices or storage or 281 maintenance facilities shall not be permitted; and provided, further, that 282 utilities substations, other than individual transformers, shall be surrounded 283 by a wall, solid except for entrances and exists, or by a fence with a 284 screening hedge five (5) to six (6) feet in height; and provided also, 285 transformer vaults for underground utilities and like uses shall require only 286 a landscaped screening hedge, solid except for access opening,. and 287 288 (7) Home occupation-short term rental meeting the requirements of section 289 209.6. 290 291 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 292 subordinate to the principal uses shall be allowed as accessory uses. Rental of rooms in 293 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 294 accessory use. 295 296 297 298 C. RT-3 RESORT TOURIST DISTRICT 299 300 301 302 Sec. 1521. Use regulations. 303 304 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 305 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 306 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 307 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 308 buildings within the RT-3 District may include any principal or conditional uses in 8 309 combination with any other principal or conditional use. No uses or structures other than 310 those specified shall be permitted. All uses, whether principal or conditional, should to 311 the greatest extent possible adhere to the provisions of the Special Area Design 312 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 313 Plan. Use RT-3 Home occupations C Home occupations-short term rental meeting the requirements of section 209.6 P 314 315 (b) Accessory uses and structures : Uses and structures which are customarily 316 accessory and clearly incidental and subordinate to the principal uses and structures; 317 provided, however, that drive-through facilities shall not be permitted as an accessory 318 use: 319 320 321 322 (2) Rental of rooms in a dwelling or the entire dwelling for more than thirty 323 (30) consecutive days is an accessory use. 324 325 fb.1) Home occupation-short term rental. A use that meets the requirements of 326 Section 209.6. 327 328 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 329 330 331 332 B. - DEVELOPMENT REGULATIONS 333 334 335 336 Sec. 2203. - Use regulations. 337 338 (a) The following chart lists those uses permitted within the Central Business Core 339 District. Uses and structures shall be allowed either as principal uses, indicated by a 340 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 341 shall be prohibited, unless allowed by special exception for Alternative Compliance 342 pursuant to Section 2205. No uses or structures other than as specified herein or as 343 allowed pursuant to subsection (b) shall be permitted. 9 344 Use District CBC Home occupations C Home occupations-short term rental meeting the requirements of section P 209.6 — 345 346 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 347 similar to a listed use, the Zoning Administrator may categorize the proposed use as a 348 use permitted by this section, either as a principal or conditional use. In determining 349 whether a proposed use is similar to a listed use, the Zoning Administrator shall 350 consider (1) the actual or projected characteristics of the proposed use in comparison 351 to those of the most similar listed use; and (2) the categorization of the proposed use 352 in the Standard Land Use Coding Manual (First Edition January 1965). 353 354 (b.1) Rental of rooms in a dwelling or the entire dwelling for more than thirty (30) 355 consecutive days is an accessory use. 356 357 (b.2) Home occupation-short term rental. A use that shall meet the requirements of 358 Section 209.6. 359 360 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 361 362 363 364 Sec. 5.2. Permitted Use Table. 365 MIXED-USE COMMERCIAL APARTMENT ROW HOUSE DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE BUILDING Ground Upper Ground Floor All Floors Ground Upper Use Standard USE Floor Floors Floor Floors All Floors All Floors /Notes LODGING Home Occupation -- L • -- L L L L -- See Sec.234 • Home Occupation- o L - _ L L L = See Sec.209.6 short term rental rite reopirement$of section 209.6 10 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ai' W Planning Department `• City Attorney's Office CA14135 R-9 November 2, 2017 11 k ) City of Virginia Beach h-. Oji NA11O -I JOHNS UHRIN PHONE (757)200V005 COUNCILMAN-DISTRICTS-BEACH JUHRIN VBGOV COM Refer to File No.0061768 November 7,2017 Mrs.Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2)and-3115(H), Code of Virginia,I make the following declarations: 1. I am making this written disclosure regarding City Council's discussion and vote on the resolution referring to the Planning Commission proposed amendments to the City Zoning Ordinance pertaining to home sharing and short-term rentals. 2. Regulation of peer-to-peer hospitality services could impact hotel and motel owners and employees. 3. I am an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue in Virginia Beach. Burlage Management Corporation owns hotels in the City. 4. I am a member of a business, profession or occupation, namely Resort Area hoteliers. If amendments are made to the Zoning Ordinance, all members of this profession may be affected by the amendments. 5. Although the City Attorney has advised me that with respect to this transaction,any benefit or detriment to Burlage Management Corporation is speculative and therefore the Act provides that I may participate in this transaction without 215 ATLANTIC AVENUE,VIRGINIA BEACH,VIRGINIA 23451 Mrs. Ruth Hodges Fraser -2- November 7, 2017 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2)and 2.2-3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, John E. U�n� Councilmember JEU/RRI A B) 1 �Q-i •vsi e'/ctl rJ •a G do`s i ,44 P7 ,7 (') t °>) City of Virgir>Lia I3�ac1'>t CSC Pr i iia, o�aycr3+r t ‘9- '-i ROSEMARY WILSON PHONE. (757)422-0733 COUNCIL LADY AT-LARGEFAX'. (757)385-5669 Refer to File No. 0061769 November 7, 2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(11), Code of Virginia, I make the following declarations: 1. I am making this written disclosure regarding City Council's discussion and vote on the resolution referring to the Planning Commission proposed amendments to the City Zoning Ordinance pertaining to home sharing and short-term rentals. 2. Regulation of peer-to-peer hospitality services could impact short-term rental providers and property management services providers, including Berkshire Hathaway HomeServices Towne Realty ("Berkshire Hathaway"), which is located at 984 First Colonial Road, Suite 204, Virginia Beach, Virginia 23454. 3. I am a real estate agent affiliated with Berkshire Hathaway, and I have a personal interest in the company because I receive commissions from the company. The only income I receive from Berkshire Hathaway is my own commissions from my own sales. I do not personally provide property management services. 4. I am a member of a business, profession or occupation, namely real estate service providers that also provide property management services. If amendments are made to the Zoning Ordinance, all members of this profession may be affected by the amendments. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Ruth Hodges Smith -2- November 7, 2017 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(11) 5. Although the City Attorney has advised me that with respect to this transaction,any benefit or detriment to Berkshire Hathaway is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, dd hx6Nti/(4 Rosemary A. Wilson Councilmember RAW/RRI 46 Item -VI-J.2b ORDINANCES/RESOLUTIONS ITEM#67550 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution to REFER to the Planning Commission proposed Amendments to the City Zoning Ordinance re: b. Proposed Amendments to Sections 111 and 218 re definition of Major Retail Venue Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert Al. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P. Abbott November 7, 2017 REQUESTED BY COUNCILMEMBER KANE 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION PROPOSED AMENDMENTS TO SECTIONS 3 111 AND 218 OF THE CITY ZONING ORDINANCE 4 PERTAINING TO THE DEFINITION OF MAJOR RETAIL 5 VENUE 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 There are hereby referred to the Planning Commission, for its consideration and 14 recommendation, proposed amendments to Sections 111 and 218 of the City Zoning 15 Ordinance, pertaining to the definition of major retail venue. A true copy of such proposed 16 amendments is hereto attached. 17 18 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 19 BEACH, VIRGINIA: 20 21 That the Planning Commission be, and hereby is, directed to transmit to the City 22 Council its recommendation concerning the aforesaid amendments no later than forty(40) 23 days after the date of adoption of this Resolution. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day of November 2017. APPROVED AS TO LEGAL SUFFICIENCY: o GGGifffyy Attorney's Office CA14236 R-1 October 24, 2017 1 REQUESTED BY COUNCILMEMBER KANE 2 3 4 AN ORDINANCE TO AMEND SECTIONS 111 5 AND 218 OF THE CITY ZONING 6 ORDINANCE PERTAINING TO THE 7 DEFINITION OF MAJOR RETAIL VENUE 8 9 Sections Amended: §§ 111 and 218 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Sections 111 and 218 of the City Zoning Ordinance is hereby amended and 18 reordained to read as follows: 19 20 Sec. 111. — Definitions. 21 22 23 24 Major retail venue. An establishment located other than in an Agricultural 25 Residential or Apartment District on any zoning lot of four million (4,000,000) square 26 feet or more the principal use of which is to provide entertainment (indoor recreation) 27 and retail shopping. Such zoning lot shall be distinguishable by architecture, design and 28 accessibility of the development features of the property. 29 30 31 32 Sec. 218. — Major entertainment venue signs. 33 34 Signage for major entertainment venues and major retail venues, other than 35 signage otherwise allowed, shall be allowed only with the approval of the City Council 36 and shall be subject to the following requirements: 37 38 (a) An application for such signage shall be submitted to the Planning Director by 39 the property owner, contract purchaser with the written consent of the property 40 owner, or the duly authorized agent for the property owner. Applications shall 41 include a fee in the amount of Eight Hundred Dollars ($800.00), and the 42 required plan as described in subsection (b), along with any other information 43 required by the Planning Director. Applications shall be heard by the Planning 44 Commission and the City Council in accordance with the procedures prescribed 45 in subsections (d) and (e) of Section 221 of the City Zoning Ordinance. 46 47 (b) The sign plan shall show, in the form and manner specified by the Planning 48 Director, the type, location, setback, size, dimensions and height of all signs, 49 and any other characteristics of or information pertaining to such signage 50 deemed necessary by the Planning Director in order to adequately evaluate the 51 proposed sign plan according to the criteria set forth subsection (d). Individual 52 banners intended to display special or recurring events or activities shall not be 53 required to be approved separately, but it shall be sufficient that the sign plan 54 show the number, size and location of banners generally. 55 56 (c) Where a sign plan for a major entertainment venue includes electronic display 57 signage, the following additional information shall be provided: 58 59 (1) The pixel pitch of the proposed electronic display signs; 60 61 (2) Whether such signs will display static or animated text or images, and the 62 dwell time for each display; 63 64 (3) The maximum and minimum illumination level in candelas per square 65 meter, and the times during which such illumination levels will be used; and 66 67 (4) In no case shall any electronic display sign contain, or be connected to, 68 audio speakers, and all electrical service lines providing power to such 69 signs shall be underground. 70 71 (5) Maior retail venues shall not be permitted to have electronic display 72 sionage. 73 74 (d) The City Council shall consider the following criteria in acting upon an 75 application: 76 77 (1) The extent to which the proposed signage is consistent with applicable sign 78 regulations and Sign Design Guidelines, if any, of the district; 79 80 (2) The extent to which the proposed signage is consistent with the 81 recommendations of the Comprehensive Plan; 82 83 (3) The extent to which the scale, color, materials, shape, illumination and 84 landscaping of the proposed signage, considered as a whole, is compatible 85 with surrounding properties; 86 87 (4) The impact of the proposed signage on traffic safety, taking into 88 consideration the degree to which view obstructions are created or 89 improved, avoidance of confusion with or obstruction of traffic control signs 90 and devices, and other safety-related factors; and 91 47 Item-VI-J.3 ORDINANCES/RESOLUTIONS ITEM#67557 Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 615-4533, requested Coty Council abolish this tax. Upon motion by Councilman Davenport, seconded by Council Lady Kane, City Council ADOPTED, Ordinance to ESTABLISH the Tax Rate of Forty Cents ($0.40)per$100 of assessed value on computer equipment and peripherals used in a Data Center, effective January 1, 2018 Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P.Abbott November 7, 2017 1 AN ORDINANCE TO SET THE TAX RATE FOR 2 COMPUTER EQUIPMENT AND PERIPHERALS USED 3 INA DATA CENTER 4 5 WHEREAS, the FY18 Budget included an ordinance to levy personal property 6 taxes; 7 8 WHEREAS, the FY18 Personal Property Levy did not separately classify 9 computer equipment and peripherals used in a data center; 10 11 WHEREAS, the statutory authorization to separately classify computer 12 equipment and peripherals used in a data center requires the following definition of a 13 "data center": 14 15 "data center' means a facility whose primary services are the storage, 16 management, and processing of digital data and is used to house (i) 17 computer and network systems, including associated components such as 18 servers, network equipment and appliances, telecommunications, and 19 data storage systems; (ii) systems for monitoring and managing 20 infrastructure performance; (Hi) equipment used for the transformation, 21 transmission, distribution, or management of at least one megawatt of 22 capacity of electrical power and cooling, including substations, 23 uninterruptible power supply systems, all electrical plant equipment, and 24 associated air handlers; (iv) Internet-related equipment and services; (v) 25 data communications connections; (vi) environmental controls; (vii) fire 26 protection systems; and (viii) security systems and services; 27 28 WHEREAS, the Council desires to separately classify computer equipment and 29 peripherals used in a data center and set a rate for such classification; 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 32 OF VIRGINIA BEACH, VIRGINIA, THAT: 33 34 1. The tax rate applicable for computer equipment and peripherals used in a data 35 center, such classification authorized by § 58.1-3506(A)(43), shall be forty cents 36 ($0.40) per $100 of assessed value. 37 38 2. The effective date of this ordinance is January 1, 2018. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 7th day of November , 2017. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: • Warren Harris Philip Kellam Economic Development Commissioner of the Revenue APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana - 'dry Budget and Management Se ices City Attorney's Office CA14104 R-1 October 25, 2017 48 Item-VI-J.4 ORDINANCES/RESOLUTIONS ITEM#67552 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE EXCESS City Property at Indian River and Kempsville Roads and AUTHORIZE the City Manager to exchange same to The Betty H. Buzzy Revocable Living Trust Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John K Uhrin, Rosemary Wilson and James L. Wood Council Members Absent. Jessica P. Abbott November 7, 2017 1 AN ORDINANCE 1) DECLARING 8,188 SQ. FT. (0.188 2 ACRE) OF CITY-OWNED LAND LOCATED AT THE 3 INTERSECTION OF INDIAN RIVER AND KEMPSVILLE 4 ROADS TO BE IN EXCESS OF THE CITY'S NEEDS AND 5 2)AUTHORIZING THE CITY MANAGER TO EXCHANGE 6 SAME TO THE BETTY H. BUZZY REVOCABLE LIVING 7 TRUST 8 9 WHEREAS, The Betty H. Buzzy Revocable Living Trust (the "Landowner") owns 10 property located near the intersection of Indian River and Kempsville Roads, known as 11 5248 Indian River Road (GPIN: 1465-38-9142) (the "Landowner Parcel"); 12 13 WHEREAS, a portion of the Landowner Parcel consisting of right-of-way and 14 easements is needed for the Indian River Road / Kempsville Road Intersection 15 Improvements Project, CIP 2-418 (the "Project"); 16 17 WHEREAS, the Landowner asserts that the loss of parking spaces along the front 18 of the Landowner Parcel due to the construction of the Project will cause monetary 19 damages to its business known as Acredale Saddlery; 20 21 WHEREAS, the City of Virginia Beach (the "City") owns property located adjacent 22 to the Landowner Parcel, consisting of approximately 8,188 sq. ft. (0.188 acre) (the "City 23 Parcel"). 24 25 WHEREAS, City staff and the Landowner have negotiated a settlement, wherein 26 the Landowner would convey all right-of-way and easements needed for the Project to 27 the City in exchange for the City conveying the City Parcel to the Landowner. 28 29 WHEREAS, the Landowner has further agreed to pay to the City an additional 30 consideration of$25,000, and intends to use the City Parcel for parking spaces to replace 31 those lost due to the Project; 32 33 WHEREAS, the Landowner has agreed to the terms and conditions of an 34 exchange agreement, a summary of which is attached hereto as Exhibit A(the "Summary 35 of Terms"), and incorporated herein; and 36 37 WHEREAS, City Council is of the opinion that the City Parcel is in excess of the 38 needs of the City. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 41 VIRGINIA BEACH, VIRGINIA: 42 43 1. That approximately 8,188 sq. ft. of City-owned property located at the 44 intersection of Indian River and Kempsville Roads, is hereby declared to be in excess of 45 the needs of the City. 46 2. That the City Manager or his designee is hereby authorized to execute any 47 and all documents necessary to complete the transaction contemplated herein, so long 48 as they are substantially consistent with the Summary of Terms, and such other terms, 49 conditions or modifications as may be acceptable to the City Manager and in a form 50 deemed satisfactory by the City Attorney. 51 52 3. That the $25,000 to be received by the City in connection with this 53 transaction shall be appropriated to the Indian River Road / Kempsville Road Intersection 54 Improvements Project, CIP 2-418.000. 55 56 4. This ordinance shall be effective from the date of its adoption and shall 57 expire if the exchange is not completed by November 7, 2020, unless extended by City 58 Council prior to expiration. 59 7th 60 Adopted by the Council of the City of Virginia Beach, Virginia, on the 61 day of November , 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: 1 .14/I 6fL- "a /(36? Public W. ks/ Real Estate Budget & Management Services APPROVED AS TO LEGAL SUFFICIENCY: ItatIL4A.,M9l�t6 City Attorney CA13604 nwgw.comwS Tapplica a onSci tylav,[I yc0n12,W POOMD01 SPO2n00392099 docx November 1, 2017 R-1 EXHIBIT A SUMMARY OF TERMS Exchange Agreement Between the City of Virginia Beach ("City") and The Betty H. Buzzy Revocable Living Trust ("Landowner") PROJECT: Indian River Road / Kempsville Road Intersection Improvements Project/ CIP: 2-418.000 CITY PARCEL: Indian River Road / GPIN: 1465-38-9270 Total Area: 8,188 Sq. Ft. / 0.188 Ac. LANDOWNER PARCEL: 5248 Indian River Road / GPIN: 1465-38-9142 (Acredale Saddlery) PROPOSED EXCHANGE: City would convey to the Landowner: o City Parcel (subject to all existing easement and access restrictions) Landowner would convey to City for the Proiect: o 665 Sq. Ft. Right-of-way o 1,239 Sq. Ft. Temporary Construction Easement o 1,598 Sq. Ft. Utility Easements Landowner will pay the City additional consideration in the amount of$25,000, which funds will be appropriated back to the Project. CONDITIONS OF SALE: • City Parcel conveyed to Landowner will be transferred subject to various utility and drainage easements. • Landowner will record a resubdivision plat to incorporate the City Parcel into the existing Landowner Parcel. • Landowner will use the City Parcel for additional parking at the rear of Acredale Saddlery. ,....ri7/7 p re T Sfr/CLF o RD UI._, CDD 3 - n CD - w _ o s N WL j rt A rn rn +-Iv 17cnZ 4\‘‘‘ A ^^ W 00 Co N V 1-+ G) r Z 0O n j D rn � 4,4' �, w A S 7 W m N 00 Q1 tri rz• O i� A z O D / 4,41L, L N 0 T 7 .73m :a 0 r7 N --. s 0 w aao -00 N < Q � N m . (D Q so N m n17 /73 CD ( t" N tiI N a) ,- V ' no 0• c...) c n OD CCI o o 13 N n CDD N N -7-..• p. o Ny ` U 1 O T N Ny 5 c, o Cr ,-a N N 0 N CO N N 49 Item-VI-J.5 ORDINANCES/RESOLUTIONS ITEM#67553 The following individuals registered to speak: Reid Greenmun, 2405 ClUJCutter Drive, Phone: 615-4533 spoke in FAVOR Pat Cardwell, 1125 Bay Colony Drive, spoke in FAVOR. Barbara Messner, P.O. Box 514, spoke in FAVOR. Andrea Kilmer, 801 Costa Grande, spoke in OPPOSITION. Valerie Wilkinson, 7505 Honeysuckle Road, spoke in OPPOSITION. Upon motion by Councilman Moss, seconded by Vice Mayor Jones, City Council ADOPTED,Resolution to DIRECT the City Manager to terminate the Arena Development Agreement should USM not close on its construction loan by 11:59 P.M. on November 7, 2017 Voting: 9-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin and James L. Wood Council Members Voting Nay: Rosemary Wilson Council Members Absent: Jessica P. Abbott **COUNCILMAN UHRIN, COUNCIL LADY WILSON and COUNCILMAN WOOD FILED DISCLOSURE LETTERS November 7, 2017 REQUESTED BY COUNCILMEMBER MOSS 1 RESOLUTION DIRECTING THE CITY MANAGER 2 TO TERMINATE THE ARENA DEVELOPMENT 3 ARGEEMENT UPON CERTAIN CONDITIONS 4 5 WHEREAS, on behalf of the City of Virginia Beach (the "City"), the City Manager 6 and City staff have engaged in extensive negotiations with representatives of United 7 States Management, LLC, and its affiliates (collectively "USM"), regarding the 8 development of an arena on City-owned property adjacent to the Virginia Beach 9 Convention Center (the "Arena"); 10 11 WHEREAS, on December 8, 2015, City Council adopted a resolution approving (i) 12 the execution of a development agreement with USM (the "Development Agreement") 13 relating to the Arena, and (ii) conditionally authorizing the transfer of approximately 5.8 14 acres of land to the City of Virginia Beach Development Authority (the "Authority"); 15 16 WHEREAS, the Development Agreement was fully executed as of December 8, 17 2015, and provides in part that either party may terminate that agreement and all related 18 transaction documents if USM has not closed on its construction loan for the Arena by 19 November 7, 2017 (the "Outside Loan Closing Date"); and 20 21 WHEREAS, City Council is of the opinion that it is in the public interest to terminate 22 the Development Agreement if USM has not closed on its construction loan (as defined 23 and set forth in the Development Agreement) by 11:59 p.m. on November 7, 2017. 24 25 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 28 The City Manager is directed to send a written notice of termination in a 29 manner consistent with the Development Agreement as soon as practicable on November 30 8, 2017, unless the Construction Loan Closing, as defined in the Development 31 Agreement, has occurred on or before 11:59 p.m. on November 7, 2017. 32 7th 33 No e cippted by the Council of the City of Virginia Beach, Virginia, on the day of 34 , 2017. APPROVED AS TO LEGAL SUFFICIENCY: AMA-- City Attorney CA14030 'vbyov mm9R P Apphceroos'CnylawRolaycvmS Wptloa.W25i021.OW29166 Jca R-4 November 1, 2017 {r' ekaa•B£A�'1 >) City of VirginiaOto Beach e �41 q H �I ��yod'.IY . l'=.-.., corn JOHN E.UHRIN PHONE 17571200-7005 COUNc0 MAN DISTRICT 6-BEACH JUHRIN@VBGOVCOM Refer to File No. 0061765 November 7, 2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(11) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on a resolution directing the City Manager to terminate the arena development agreement upon certain conditions. 2. The arena project could increase demand for hotel rooms in the Resort Area, and the project agreement also contemplates a temporary increase in the hotel tax. 3. I am an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue in Virginia Beach. Burlage Management Corporation owns hotels in the Resort Area. 4. I am a member of a business, profession or occupation, namely Resort Area hoteliers. To the extent the approval of this transaction may affect the business of hotels in the Resort Area, all members of this profession may be affected by the transaction. 5. Although the City Attorney has advised me that with respect to this transaction,any benefit or detriment to Burlage Management Corporation is speculative and therefore the Act provides that I may participate in this transaction without 215 ATLANTIC AVENUE. VIRGINIA BEACH. VIRGINIA 23451 Mrs. Ruth Hodges Fraser -2- November 7, 2017 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(H). 1 respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, o��n� J Councilmember JEU/RRI f�� °`, y7 7 S) City of Virginia Bach < y v ) t sF= �z✓ • >t-d �4w ROSEMARY WILSON PHONE'. (757)422-0733 COUNCIL LADY AT-LARGE FAX (75]13855669 Refer to File No. 0061766 November 7, 2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on a resolution directing the City Manager to terminate the arena development agreement upon certain conditions. 2. The arena project could affect nearby property and could impact the marketability and value of such properties, which could potentially impact real estate service providers,including Berkshire Hathaway HomeServices Towne Realty("Berkshire Hathaway"). 3. I am a real estate agent affiliated with Berkshire Hathaway, and I have a personal interest in the company because I receive commissions from the company. The only income I receive from Berkshire Hathaway is my own commissions from my own sales. 4. I personally have no current real estate listings in the immediate vicinity of the proposed arena project. Likewise I am not aware of,and am not currently pursuing, any potential future listing in the immediate vicinity of the proposed arena project. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Ruth Hodges Smith -2- November 7, 2017 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) 5. I am a member of a business, profession or occupation, namely real estate service providers, the members of which may currently or at some point in the future be involved in the marketing and sale of property in the vicinity of the arena. To the extent the approval of this transaction may affect property values in the immediate vicinity of the arena project and therefore affect sales commissions, all members of this profession may be affected by the transaction. 7. Although the City Attorney has advised me that with respect to this transaction,any benefit or detriment to Berkshire Hathaway is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sinceerely, Rosemary A. Wilson Councilmember RAW/RRI ,`4G1NIA Bpgcy� 4 L9 2 � 5 City- of Viririia I Saac:h Lq Ry Oe OUR NAPO�'art .00(11 JAMESWOOC RHONE (757) COUNCILMAN-DISTRICT 5-LYNNHAVEN FAX lA)3442032 11w oe®vhDov cow Refer to File No. 0061767 November 7,2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on a resolution directing the City Manager to terminate the arena development agreement upon certain conditions. 2. The arena project could affect nearby property and could impact the marketability and value of such properties,which could potentially impact the value of real estate in the vicinity of the arena. 3. I have an ownership interest in 603/605 22'd Street, L.L.C. and 609/607 22nd Street L.C. The principal office address for both companies is 208 Ash Avenue, Suite 101, Virginia Beach, VA 23452. 4. 603/605 22vd Street, L.L.C. owns property located at 603 and 605 22°d Street; 609/607 22s Street L.C. owns property located at 607 and 609 22"d Street. All of this real property is located approximately three blocks from the proposed arena site. 208 ASH AVENUE,SUITE 101.VIRGINIA PEACH,VA 23452 Mrs. Ruth Hodges Smith -2- November 7, 2017 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(11) 5. I am a member of a group of more than three persons, namely persons with ownership interests in land in the vicinity of the arena project (either via direct ownership or via ownership of a company that owns the land). To the extent the approval of this transaction may affect the value of land in the vicinity of the arena project, all members of this group may be affected by the transaction. 6. Although the City Attorney has advised me that with respect to this transaction,any benefit or detriment to 603/605 22"d Street, L.L.C. or 609/607 22"d Street L.C. is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2- 3112(A)(2) and 2.2-3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, %j tames . Wood Coun-ilmember JLW/RRI 50 Item -VI-J.6 ORDINANCES/RESOLUTIONS ITEM#67554 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution to REQUEST that State and Federal Governments proceed with widening and deepening of the Hampton Roads Harbor Channels Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John K Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P.Abbott November 7, 2017 REQUESTED BY MAYOR SESSOMS A RESOLUTION REQUESTING THE STATE AND FEDERAL GOVERNMENTS PROCEED WITH THE WIDENING AND DEEPENING OF THE HAMPTON ROADS HARBOR CHANNELS 1 WHEREAS, the Hampton Roads Harbor Channels, including the Thimble Shoals, 2 Atlantic Ocean Channel, and the interior channels serving Norfolk Harbor and Newport 3 News Harbor, are currently among the deepest channels on the East Coast; and 4 5 WHEREAS, these channels can be dredged to 55 feet to increase the 6 Commonwealth of Virginia's ability to attract the largest ships now serving or that have 7 been envisioned; and 8 9 WHEREAS, these deeper and widened channels would play a critical role in 10 business development, job creation, and generation of tax revenue throughout the 11 Commonwealth; and 12 13 WHEREAS, this would make the Port of Virginia more competitive in the 14 international marketplace; and 15 16 WHEREAS, the City of Virginia Beach is one of the main direct beneficiaries of the 17 Norfolk International Terminal and other ports on the Southside through the Virginia 18 Beach residents who work at these ports; and 19 20 WHEREAS, the channels, especially east of the Chesapeake Bay Bridge Tunnel, 21 contain hundreds of thousands of cubic yards of beach-quality sand that could be 22 inexpensively put on Virginia Beach's beaches at both the Chesapeake Bay and the 23 Resort Area; and 24 25 WHEREAS, the widening and deepening would also allow the largest United 26 States Navy vessels to have safe passage through the channels while the channels are 27 being used by the largest container ships, which are more than 1,000 feet long. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That the City Council requests that the United States Congress work through the 33 United States Army Corps of Engineers and the Commonwealth of Virginia to plan for, 34 and provide funding for, the widening and deepening of the Hampton Roads Harbor 35 Channels, including all the segments of the Newport News Channel, the Norfolk Harbor 36 Channel, the Thimble Shoals Channel, and the Atlantic Ocean Channel. thdayofNovember Resolved by the Council of the City of Virginia Beach this 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: fivrATAA Robert R. Matthias Roderick R. Ingram City Manager's Office City Attorney's Office CA14177 R-1 October 27, 2017 2 51 Item -VI-.1.7a ORDINANCES/RESOLUTIONS ITEM#67555 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date to satisfy Conditions re the closure of Lake Avenue, Oak Street and portions of Locust Crescent and Ellis Avenue (Approved November 27, 2012) DISTRICT 4— Bayside Voting: 10-0 Council Members Voting Aye: Al. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P.Abbott November 7, 2017 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN 3 THE MATTER OF CLOSING LAKE 4 AVENUE, OAK STREET, AND PORTIONS 5 OF LOCUST CRESCENT AND ELLIS 6 AVENUE 7 8 WHEREAS, on November 27, 2012, City Council acted upon the 9 application of the City of Virginia Beach (the "Applicant") for the closure of Lake Avenue, 10 Oak Street, and portions of Locust Crescent and Ellis Avenue, as shown on Exhibit A 11 attached hereto; 12 13 WHEREAS, on November 27, 2012, City Council adopted an Ordinance 14 (ORD-3262M) to close the aforesaid rights-of-way, subject to certain conditions being 15 met on or before November 26, 2013; 16 17 WHEREAS, on October 2, 2013, the Applicant requested an extension of 18 time to satisfy the conditions to the aforesaid street closure action, and on November 19 12, 2013, City Council adopted an Ordinance (ORD-3308B) approving the extension of 20 time to meet certain conditions to on or before November 26, 2014; 21 22 WHEREAS, on October 14, 2014, the Applicant requested an additional 23 three (3) years to satisfy the conditions of the aforesaid street closure action, and on 24 November 18, 2014, City Council adopted an Ordinance (ORD-3382C) approving the 25 extension of time to meet certain conditions to on or before November 26, 2017; and 26 27 WHEREAS, on September 27, 2017, the Applicant requested an 28 additional two (2) years to satisfy the conditions of the aforesaid street closure action. 29 30 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 31 Virginia Beach, Virginia: 32 33 That the date for meeting conditions of closure as stated in the Ordinance 34 adopted on November 27, 2012 (ORD-3262M), upon application of the City of Virginia 35 Beach, is extended to November 26, 2019. 36 37 7th Adopted by the Council of the City of Virginia Beach, Virginia, on this 38 day of November , 2017. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: ftt City Attorney arming Department U CA14029 t+ogoxcam VDFSVAppugnanscuylpwmo4Y 32 Ncnccs00301P016000944E2.DOC R-1 October 25, 2017 EXHIBIT A FOR LOT OWNER INFORMA FOR PARCELS IDENTIFIED AS (TNROUGH®, Q N/F / J N/F SEE SHEET 2 OF 2. CITY OF p NORFgX LOCUST CRESCENT (VAR. R/W) I NRQNIA BEACH LAKE SMITH' (D.B. 2397, PG. 126) PARCEL A GPIN 1469-62-7175 e (FORMERLY ELM ST.-M.B.3, PG.171-40' R/W) 53820.11'W I17.21 TIE TO P.I. i 115 58 X9.61' Qi n Co oi/ N "i BLOCK 2-LAKESIDE O O H w/rt.mi (M.B. 3, PC. 171) © n/a,p I p/ NN0o © m/ in 0. O O N/F ,r'n1/ 4o n i CITY OF VIRGINIA BEACH i o,� mnR �� J v 7Z/7551'40'11"E, 299.61"/ Pg _ ��(( waw 7LIS AVENUE.(50' R/W)�� / iA < g 6..e (FORMERLY PINE ST.-M.B.3. PG.171) ✓ �Y Ft - N51'39'20'W 299.69' ' /Y - N m < al P N m © n � kil Aign 2 J BLOCK 3 - LAKESIDE F 0 z< 5l n c4 se (M.B. 3, PG. 171) Fp 5 a. % a ; w 0 ,w/ 1 ,4 is. • T X R, © PROPERTY UNE AQY/ N 07 0 F0 iXF P g BY CITY DEED 618 :.. / 7?z D.B. 51, PC. 10 R/ z z 551'3)'91'E 390.70' /,6M STREET// L4/(40' R/W�� N 3491 1. 1 i(M.B. 3, PG. 171))/,3 r�/./ N5173'1;•W E 1216 49 . 1 7 w�- 192.17' �- 124.17' 'F 115.27• - - N5737'16'W 316.34' OA. wi STREET UNE AS SHOWN IN M.B.3, PG. 171 d N/F AREA OF STREET CLOSURE N CITY OF VIROINIA BEACH 55,214 g 1.2675 AC. L' PARCEL 8 INST. /20060706001024770(DEED) UNE TABLE zw INST. /20060522000771350(PLAT) UNE BEARING DISTANCE WIN 1469-52-7035 LI N3820'47E 49.95' MERIDIAN REFERENCE: L2 N51'37'16"W 75.00' VIRGINIA STATE PLANE COORDINATE SYSTEM L3 N3823'54"E 39.96' SOUTH ZONE, NORTH AMERICAN DATUM 1.4 N36'48'17'W 136.86' 7983/1993 (HARN) (U.S. SURVEY FOOT) L5 52516'47W 35.93' CRAP SCALE 700 0 50EXHIBIT SHOWING A CLOSURE OF 100 200 A PORTION OF LOCUST CRESCENT �— (FORMERLY ELM STREET — M.B. 3, PG. 171) ( tN rear ) & A PORTION OF ELLS AVENUE 1 lucks t00 It- (FORMERLY PINE STREET — M.B. 3, PG. 171) OH OA, AND �� or A CLOSURE OF (1162° }°6 , - 't'a4 LAKE AVENUE AND OAK STREET o (M.B. 3, PG. 171) Lie. No. 2516 VIRGINIA BEACH, VIRGINIA Patton Harris Rust & Associates Yli07//iEngineers. Surveyors. Planners. Landscape Architects. Cy'r0 sunv CI v�l 7� R /� 410 NORTH CENTER DRIVE, SUITE 100 1"1[ 11\f \ Norfolk, VA 23502 T 7S' 7FF7472 11•••t F TSZ670 250 NOVEMBER 7, 2011 tis" 1' ' 1'-100' WI' TFF1 "` 1 8700-0- 1-14 , IDENTIFIER PARCEL & OWNER IDENTIFIER PARCEL & OWNER QA LOTS 9, 10 — BLOCK 2 LAKE SMITH N/F CITY OF VIRGINIA BEACH N/F CITY OF NORFOLK INST./20060706001024770 (DEED) INST4120060522000771350 (PLAT) INST./20060522000771380 (PLAT) D.B. 51, PG. 10 GRIN 1469-52-4486 GRIN 1469-62-7175 QB LOT 11 — BLOCK 2 © LOTS 21-32 — BLOCK 3 N/F CITY OF VIRGINIA BEACH N/F CITY OF VIRGINIA BEACH INST./20081120001335970 INST./20060706001024770 (DEED) M.B. 3, PG. 171 INST./20060522000771390 (PLAT) GPIN 1469-52-5403 GPIN 1469-52-4277 © LOTS 12-20 — BLOCK 2 © A PORTION OF LOTS 1-8, AND N/F CITY OF VIRGINIA BEACH AU. OF LOTS 9-19 — BLOCK 3 INST./20060706001024770 (DEED) N/F CITY OF VIRGINIA BEACH INST./20060522000771420 (PLAT) INST./20060706001024770 (DEED) GRIN 1469-52-6306 INST./20060522000771390 (PLAT) QD A PORTION OF LOTS 23, 24, 25 & GRIN 1469-52-3280 26 — BLOCK 2 QM LOT 20 — BLOCK 3 N/F CITY OF VIRGINIA BEACH N/F CITY OF VIRGINIA BEACH INST./20060706001024770 (DEED) INST./20060706001024770 (DEED) INST./20060522000771400 (PLAT) INST./20060522000771390 (PLAT) GRIN 1469-52-5486 GRIN 1469-52-5130 © A PORTION OF LOT 27 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST./20060706001024770 (DEED) INST./20060522000771400 (PLAT) GRIN 1469-52-6433 F© LOTS 28, 29 — BLOCK 2 N/F AUGUSTUS COSTON D.B. 96, PC. 79 M.B. 3, PG. 171 GPIN 1469-52-6482 © LOTS 30, 31 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST./20060706001024770 (DEED) INST./20060522000771410 (PLAT) GRIN 1469-52-7421 QH LOT 32 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.120080619000727770 M.B. 3, PG. 171 GPIN 1469-52-7336 O PARCEL A N/F CITY OF VIRGINIA BEACH INST./20060706001024770 (DEED) INST./20060522000771350 (PLAT) GRIN 1469-52-9638 EXHIBIT SHOWING A CLOSURE OF A PORTION OF LOCUST CRESCENT (FORMERLY ELM STREET — M.B. 3, PG. 171) & A PORTION OF EWS AVENUE (FORMERLY PINE STREET — M.B. 3, PG. 171) }# Tx op v, A CLOSURE OF ° �� LAKE AVENUE AND OAK STREET f� (M.B. 3, PG. 171) °rote CHER > VIRGINIA BEACH, VIRGINIA U . No. 2516 ///p7Patton Harris Rust & Associates �r x Engineers. Surveyors. Planners. Landscape Architects. <4ho sulfa"' 7 f PH 1 410 NORTH CENTER DRIVE, SUITE 100 / 1\( \ Norfolk, VA 23502 SHEET 550 Prom TFF IIPee NOVEMBER 7, 2011 I.4* N/A •a* WV I' NP 16700-1-14 I 52 Item-VIJ.8a/b ORDINANCES/RESOLUTIONS ITEM#67556 The following individuals registered to speak Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 615-4533, spoke in OPPOSITION. Councilman Moss made a Motion to ADOPT an ALTERNATE VERSION of the Ordinance to APPROPRIATE to the School Reversion Fund The MOTION FAILED for a lack of a Second. Upon motion by Council Lady Wilson, seconded by Councilman Uhrin, City Council ADOPTED, Ordinance to APPROPRIATE to the School Reversion Fund: a. $19,258,877 to the FY2017-18 Operating Budget b. $ 900,000 to the FY2017-18 Capital Improvement Program Voting: 9-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Jessica P.Abbott November 7, 2017 1 AN ORDINANCE TO APPROPRIATE FY 2016-17 2 SCHOOL REVERSION FUNDS 3 4 WHEREAS, on October 24, 2017, the School Board adopted a resolution 5 requesting the City Council re-appropriate funds that lapsed and reverted at the end of 6 FY 2016-17 and funds that exceeded anticipated revenue estimates for FY 2016-17; 7 8 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA, THAT: 10 11 1. $19,258,877 is hereby appropriated from the fund balance of the General Fund to the 12 FY2017-18 Operating Budget in the amounts and for the purposes set forth below: 13 a. $9,892,883 to the School Operating Fund for: 14 i. Replacement school buses (regular education), $2,886,883; 15 ii. Replacement school buses (special education), $2,068,000; 16 iii. Vans to reduce costs for cabs and full-size buses, $250,000; 17 iv. Replacement white fleet vehicles, $573,000; 18 v. Replacement equipment and/or vehicles for landscape services, 19 $564,000; 20 vi. Technology infrastructure, $1,029,000; 21 vii. Technology initiative to provide access for all students, $628,600 22 viii. Copier/multifunction device replacement, $600,000; 23 ix. Interactive white board replacements, $550,000; 24 x. E-rate local match, $418,400; 25 xi. Baseball/softball field lights for one designed high school, $325,000; 26 b. $8,803,897 to be reserved in the School Reserve Special Revenue Fund to 27 cover possible shortfalls in the FY2018-19 School Operating Fund; and 28 c. $562,097 to be re-appropriated to the Athletics Fund. 29 30 2. $900,000 is hereby appropriated from the fund balance of the General Fund to the 31 FY2017-18 Capital Improvement Program in the amounts and for the purposes set 32 forth below: 33 a. $750,000 to CIP 1-099, Renovations and Replacements Grounds II; and 34 b. $150,000 to CIP 1-105, Renovations and Replacements Various II. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of Novem e 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I ,, aln David Bradley Dana ar eyer Budget and Management Services City Attorney's Office CA14238/ R-1 /October 26, 2017 School Board of the City VirginiaBeach Beverly M.Anderson, At-Large,Chair VIRGINIA BEACH CT SCHOOLS CHARTING L F COURSE Daniel D.Edwards,District 2- p Kem sville,Vice Chair Sharon R.Felton,District 6-Beach School Administration Building#6,Municipal Center Dorothy M.Holtz,At-Large 2512 George Mason Dr. Victoria C.Manning,At-Large P.0.Box 6038 Joel A.McDonald,District 3-Rose Hall Virginia Beach,VA 23456 (757)263.1000 Ashley K.McLeod,At-Large Kimberly A.Melnyk,District 7-Princess Anne MISSION STATEMENT Trenace B.Riggs,District I-Centerville The Virginia Beach City Public Schools,in partnership with the entire community,will Carolyn T.Rye,Districts-Lynnhaven empower every student to become a life-long learner who is a responsible,productive Carolyn D.Weems,District 4-Bayside and engaged citizen within the global community. Aaron C.Spence,Ed.D.,Superintendent Budget Resolution Regarding FY 2016/17 Reversion and Revenue Actual Over Budgeted Funds ' WHEREAS,on September 19, 2017,the School Board was presented with a summary of the unaudited financial statements for FY 2016/17(year-ending June 30, 2017)showing the reversion amount to the city's General fund; and WHEREAS,$360,710 reverted from the Green Run Collegiate Charter School fund, 516,141,083 reverted from the School Operating fund and$562,097 reverted from the Athletics fund; and WHEREAS,the estimated total amount available for re-appropriation is$17,063,890;and • WHEREAS,the city is currently indicating a FY 2016/17 revenue actual over budget of the revenues included in the Revenue Sharing Formula,of which the schools portion is$3,094,987; and WHEREAS,the net reversion funding available for re-appropriation is$20,158,877; and WHEREAS,on October 10,2017,the School Board supported the priority needs spending plan as proposed by the Administration;and • WHEREAS,the Administration recommends the following for the available funds in the amount of$20,158,877: • $8,803,897 to be re-appropriated to the School Reserve Special Revenue fund to cover possible revenue shortfalls in the FY 2018/19 School Operating fund 115 • • $562,097 to be re-appropriated to the Athletics fund 119 • $900,000 to be re-appropriated to the CIP fund which is inclusive of the$900,000 cited in our resolution on September 19th and obviates that transfer request: • Project 1-099, Renovations and Replacements Grounds II - $750,000 Project 1-105, Renovations and Replacements Various II -$150,000 • $9,892,883 to be re-appropriated to the School Operating fund 115 for: Replacement school buses(regular education)-$2,886,883 Replacement school buses(special education)-$2,068,000 Vans to reduce costs for cabs and full-size buses -$250,000 Replacement white fleet vehicles-$573,000 Replacement equipment and/or vehicles for Landscaping Services-$564,000 Technology infrastructure -$1,029,000 Technology initiative to provide access for all students- $628,600 Copier/multifunction device replacement -$600,000 Interactive white board replacement -$550,000 E-rate local match- $418,400 Baseball/softball field lights for one designated high school- $325,000;and Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences IS'?C'rr:. Mmo' rn , 1Pr hr„ ri) rntlr,ch Vr4 ? a,.f)V�, wwwvbschools corn School Board of the City of Virginia Beach VIRGINIA BEACH CITY PUBLIC SCHOOLS Beverly M.Anderson,At-Large,Chair CH4 r; NC 'I--E COUPSE Daniel D.Edwards,District 2-Kempsville,Vice Chair Sharon R.Felton,District 6-Beach School Administration Building g6,Municipal Center Dorothy M.Holtz,At-Large 2512 George Mason Dr. Victoria C.Manning,At-Large P.O.Box 6038 Joel A.McDonald,District 3-Rose Hall Virginia Beach,VA 23956 1757)263-1000 Ashley K.McLeod,At-Large Kimberly A.Melnyk.District 7-Princess Anne MISSION STATEMENT Trenace B.Riggs,District 1-Centerville The Virginia Beach City Public Schools,in partnership with the entire community,will Carolyn T.Rye,District 5-Lynnhaven empower every student o become a life-long learner who is a responsible,productive Carolyn D.Weems,District 4-Bayside and engaged citizen within the global community. Aaron C.Spence,Ed.D.,Superintendent Budget Resolution Regarding FY 2016/17 Reversion and Revenue Actual Over Budgeted Funds(continued) NOW,THEREFORE,BE IT RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of the FY 2016/17 Reversion and Revenue Actual Over Budget funds as presented by the Administration;and be it I FURTHER RESOLVED: That the School Board requests that the City Council approve the re-appropriation of FV 2016/17 Reversion and Revenue Actual Over Budget funds shown above; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board,and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor,each member of City Council,the City Manager, and the City Clerk. • Adopted by the School Board of the City of Virginia Beach this 24th day of Oc ler 2017 I..L.„ Ii 114 sI Beverly M.dirBoard Chair ATTEST: pp - . on C.Spence, Superintendent theL a,s34.v le wz1F Dianne P.Alexander Clerk of the Board Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences Plii Ctcw.- Masan invt I PO Br,.6038 Virginia Beach Vlrgin,e 73456003E www vhschools.com Policies and Regulations School Board of the City of Virginia Beach Policy 3-28 BUSINESS AND NONINSTRUCTIONAL OPERATIONS Reserve Fund A. Generally In order to be in a better position to respond to: 1)unexpected shortfalls in state or federal funding;2)emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of preparation and adoption of the School Operating Budget; 3) unusual and critical need to fund the subsequent fiscal year's operating budget shortfall; or 4)other fiscal emergencies, the School Board shall set aside a reserve for contingencies(hereinafter"Reserve Fund"or"Fund")up to two (2) percent of the previous year's School Operating Budget, may be placed into this Fund. The purpose of this Policy is to specify what funds shall be placed in the Reserve Fund, and to set forth the School Boards requirement for any expenditures to be made from the Reserve Fund. B. Policy 1. Any expenditure of funds in the Reserve Fund shall require a resolution adopted by a majority vote of the School Board. Such resolution shall state the purpose(s)of the expenditure, and the total amount to be expended. 2. Pursuant to applicable provisions of state law, the Reserve Fund must be appropriated by City Council annually as part of the school operating budget, and any funds that the School Board desires to be added to the Reserve Fund during the fiscal year must also be appropriated by City Council. Legal Reference: Code of Virginia §22.1-94, as amended. Appropriations by county, city or town governing body for public schools. Code of Virginia §22.1-115, as amended. System of accounting; statements of funds available; classification of expenditures. Virginia Board of Education Regulation 8 VAC 20-210-10, as amended. Classification of expenditures. Adopted by School Board: May 6, 1997 Amended by School Board: May 6, 2003 Amended by School Board: September 16, 2014 53 Item-VI-J.9a ORDINANCES/RESOLUTIONS ITEM#67557 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $4-Million from Federal Emergency Management Administration (FEMA) re Virginia Task Force 2 Urban Search and Rescue Team mobilization to support Hurricane Maria operations Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John S Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P. Abbott November 7, 2017 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $4,000,000 RELATED TO THE MOBILIZATION OF 3 THE VIRGINIA TASK FORCE 2 FEMA URBAN 4 SEARCH AND RESCUE TEAM FOR HURRICANE 5 MARIA 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $4,000,000 from the Federal Emergency Management Administration is 11 hereby accepted and appropriated, with federal revenue increased accordingly, to the FY 12 2017-18 Operating Budget of the Fire Department for costs associated with the Hurricane 13 Maria mobilization of the Virginia Task Force 2 Urban Search and Rescue Team. 7th Adopted by the Council of the City of Virginia Beach, Virginia on the day of November 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Servic-s ity . net's Office CA14176 R-1 October 20, 2017 54 Item -11/-J.9b ORDINANCES/RESOLUTIONS ITEM#67558 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $302,000 from U.S. Department of Justice to the Police FY 2017-18 Operating Budget re body worn cameras Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara Al. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent Jessica P.Abbott November 7, 2017 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE POLICE 3 DEPARTMENT FOR THE PURCHASE OF BODY WORN 4 CAMERAS 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That $302,000 from the U.S. Department of Justice (DOJ) Office of Justice 10 Programs is hereby accepted and appropriated, with federal revenue increased 11 accordingly, to the FY 2017-2018 Operating Budget of the Department of Police for the 12 purchase of body worn cameras. 13 14 2. That $302,000 is hereby transferred within the FY 2017-2018 Operating 15 Budget of the Department of Police to provide the local grant match for the purchase of 16 body worn cameras. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of November 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley D eyer Budget and Management Services City Attorney's Office CA14235 R-1 October 24, 2017 55 Item-VI-J.9c ORDINANCES/RESOLUTIONS ITEM#67559 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: c. $ 10,000 from the US. Department of Justice to the Police FY 2017-18 Operating Budget re purchase of Naloxone Voting: 10-0 Council Members Voting Aye: Al. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis It Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent Jessica P.Abbott November 7, 2017 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE POLICE DEPARTMENT FOR NALOXONE 3 4 WHEREAS, the United States Department of Justice (USDOJ), via the Byrne- 5 Justice Assistance Grant (JAG), has made funds available to help reverse incidences of 6 opioid overdoses; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA, THAT: 10 11 Grant funds in the amount of$10,000 from the USDOJ, via the Virginia Department 12 of Criminal Justice Services, is hereby accepted and appropriated, with federal revenue 13 increased accordingly, to the FY 2017-2018 Operating Budget of the Department of 14 Police for the purchase of Naloxone. NoveinbdoPted by the Council of the City of Virginia Beach, Virginia on the 7th day of 2017. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: lJ Cin 1 r1,2qt J. ----- David David Bradley *an. a Byer Budget and Management Services City Attorney's Office CA14184 R-1 October 26, 2017 56 Item—VI-K PLANNING ITEM#67560 I. WILLIAM and CHRISTEN HICKEY CHANGE OF ZONING 2. TMSSR,LLC CONDITIONAL USE PERMIT 3. KABP DEVELOPMENT,LLC CONDITIONAL USE PERMIT 4. KODU,LLC CONDITIONAL USE PERMIT 5. RHETT REBOLD CONDITIONAL USE PERMIT 6. GRACE BIBLE CHURCH OF CONDITIONAL USE PERMIT VIRGINIA BEACH,INC. 7. SXCW PROPERTIES,LLC CONDITIONAL USE PERMIT MAYOR SESSOMS WILL ABSTAIN ON ITEM#3 MAYOR SESSOMS WILL ABSTAIN ON ITEM#4 MAYOR SESSOMS WILL ABSTAIN ON ITEM#5 COUNCIL LADY WILSON FILED DISCLOSURE LETTER FOR ITEM#5 ITEM#6 WILL BE CONSIDERED SEPARATELY ITEM#7 WILL BE CONSIDERED SEPARATELY November 7, 2017 57 Item-VI-K PLANNING ITEM#67561 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT: Items I, 2, 3(MAYOR SESSOMS ABSTAINED), 4(MAYOR SESSOMS ABSTAINED) and 5(MAYOR SESSOMS ABSTAINED) of the PLANNING AGENDA Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P.Abbott November 7, 2017 58 Item-VI-KI PLANNING ITEM#67562 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT: Ordinance upon application of WILLIAM and CHRISTEN HICKEY for a Change of Zoning from B-2 Community Business to R-20 Residential at 500 Davis Street DISTRICT 2 — KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of WILLIAM and CHRISTEN HICKEY for a Change of Zoning from B-2 Community Business to R-20 Residential at 500 Davis Street (GPIN 1467496170) DISTRICT 2 — KEMPSVILLE This Ordinance shall be effective in accordance with Section 107(9 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, the Seventh day of November, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P.Abbott November 7, 2017 <v\---1-e- ci fc-/ oe a7 -j ..1/4.1.4 2D ttia ___,_. 0 r 1 Mir ahillell it`tillfria- 1/ D . / ,,� igor; "allarilillarlall. 11 IL / 271 ///' /4\ 441** 1144 --- /,_/,,. I - .411144 Lillt 0 1> i' AW 4111 N4 t OWArrI ts\ **t kit AP. . 7 - \4-p-/ -;--birli . _may oryttpee ,4* t, 0 ,1*4 0,..ge . it ---- we,,„, -1--) a i, 1 - ,, 2 -C "� l>1 Y V■ ?b / kj---/ O. etit 911 ,4,4- 1444-i ., .._ ..w t 1 /i ( 4 , Ji - iii 4,,,,,j 07 ° 0 ._2 1--- _I 59 Item -VI-K2 PLANNING ITEM#67563 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of TMSSR,LLC and VILLAGE DRIVE COMMONS, LLC for a Conditional Use Permit re a tattoo parlor at 620 Village Drive, Suite D DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of TMSSR, LLC and VILLAGE DRIVE COMMONS, LLC for a Conditional Use Permit re a tattoo parlor at 620 Village Drive, Suite D(GPIN 2407673849)DISTRICT 6—BEACH The following conditions shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no neon, electronic display or similar sign installed on the exterior of the building, in any window or on the doors. Window signage shall not be permitted. A separate Sign Permit shall be obtained from the Planning Department for the installation of any new signs. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, the Seventh day of November, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P. Abbott November 7, 2017 .11101Miii \ \ \ ----L .-„__---- \ \\ \ \ \ \\\ . \ , \ 1 .. ,.. \\, \\ •\ . \ \ \C':' --------\ IN) \ \ -1-\ „_______ -----'----- --} \ '.. 0 17.....iii 111.1 > 1.1 -------------- --- ---- N ______---------- ___ OelV.,K----------------________.,-------- \ \ _____------- ____-------\, \\\ , \ \ i __-------- -----\ \ ' \ . , , , \.___------- f ti \ \ \ \ \,,1 I ', --\ . 4 \ CO \ \---- , -- 11116, 60 Item-VI-K.3 PLANNING ITEM#67564 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of KABP DEVELOPMENT, LLC for a Conditional Use Permit re a hair care center at 2033 Fisher Arch DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of KABP DEVELOPMENT, LLC for a Conditional Use Permit re a hair care center at 2033 Fisher Arch (GPIN 2414118775)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. All applicable building permits and occupancy permits shall be obtained as required for a personal service use by the Building Official's Office. 2. Any onsite signage for the Hair Care Center establishment shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows or on the doors. The building signage shall not be a "box sign. " There shall be no window signage permitted. A separate sign permit shall be obtained from the Department of Planning and Community Development for the installation of the signage. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, the Seventh day of November, Two Thousand Seventeen. Voting: 9-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: Jessica P. Abbott November 7, 2017 aithis.. N., N. -`..., 71.1) N„...,.. )11:111 GI .,. ..., ..... -„. 1 ,„...... , . ............. 44--,,, , . . . ›.--..... :. -... ••.... • „. \s. .s..-....,.. -..- G) ...--...• .. N , rife---....... -. IN) 4„dmirs- . ---... ... •. ."--. .. .... .... -.....„ ..... ,..„ . ..,.. , k i i l'''. ''''..‘s N'N'ss'•,, \-N AIIIIIhhN1/4 • / . ../ 0 OSA / .: fin= y / / 0 /4S/ /lb* h) I // b/I * .. A /lir/ i 1/.b6t) 1 / / i / '`... . -......,_ NI ..,. . * ,...... ................ .... . . , ... ---......... .. cti . 0 . „......... -.. -...„,...„. ., ,-------:- iii .. .„...„......... ---.„.......,„.. .„,., --.... „. ...._..... - 0.1.11A'BFgc , �4 �'• IL �r .. - t City of Virginia. Beach r t o�99fS e�G OP 0UR NA104 VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2In Reply Refer to 0061761 VIRGINIA'EACCOURTHOUSEA 2346 9000 (757)385-4581 FAX(757)385-5699 wsessomsOvbgov.com November 7, 2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the application of KABP Development, LLC for a conditional use permit for property located at 2033 Fisher Arch. 2. The applicant has disclosed that TowneBank is a financial services provider with respect to this transaction. 3. I have a personal interest in TowneBank, which is located at 600 22' Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of the City Council. Thank you for your assistance. k Sincerely, /(. 4/7 il/4liam D. Sessoms Mayor WDS/RRI 61 Item-VI-K.4 PLANNING ITEM#67565 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of KODU, LLC and FAIRFAX SIXPLEX, LLC for a Conditional Use Permit re motor vehicle sales at 1165 Lynnhaven Parkway DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of KODU, LLC and FAIRFAX SIXPLEX, LLC for a Conditional Use Permit re motor vehicle sales at 1165 Lynnhaven Parkway(GPIN 1486909402)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. When the property is redeveloped, it shall be in substantial conformance with the Exhibit entitled, "Conceptual Site Layout — prepared by Staff," which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. No vehicles for sale shall be parked outside of the designated display area, as depicted on the Plan identified in Condition 1 above, including within the twenty- two(22)foot common easement along Lynnhaven Parkway or within the right-of-way. 3. All vehicles for sale shall be located on a paved surface. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 4. A Landscape Plan shall be submitted to the Development Services Center of the Planning and Community Development Department for review with, and ultimately, approval prior to the issuance of a Certificate of Occupancy. 5. There shall be no storage of tires, merchandise or debris of any kind outside the building. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 7. There shall be no auto repair or service on the site. 8. There shall be no outside audio speakers for any purpose. 9. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted or attached to the windows, utility poles, trees or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 10. There shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows or on the doors. No window signage shall be permitted. The building signage shall not be a "box sign,"but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate Sign Permit shall be obtained from the Planning Department for the installation of any signage. November 7, 2017 62 Item-VI-K.4 PLANNING ITEM#67565 (Continued) 11. The existing freestanding sign shall be removed and replaced with a monument style freestanding sign with a brick base and shall be no taller than eight (8)feet in height measured from the ground to the top of the sign. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, the Seventh day of November, Two Thousand Seventeen. Voting: 9-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: Jessica P.Abbott November 7, 2017 0 1D .,rf N til \ �' . \ \ - c--- < /` f , � �` ti` ': ._yam `y` 1 r ` , ,00 ( . / "--. itiott / J �� _,e r gidit .p el""''''N'N./__,..„../ , .7-- �.` t 0‘1.111+.134?,0,4 City of Vir inia Beach 9+4, OURNOIc)1 V Bgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE In Reply Refer to 0061762 VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessomsOvbgov.com November 7, 2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the application of KODU, LLC for a conditional use permit for property located at 1165 Lynnhaven Parkway and owned by Fairfax Simplex, LLC. 2. The applicant and property owner have disclosed that TowneBank is a financial services provider with respect to this transaction. 3. I have a personal interest in TowneBank, which is located at 600 22°d Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of the City Council. Thank you for your assistance. Sincerely, William D. Sessoms Mayor WDS/RRI 63 Item-VI-K.5 PLANNING ITEM#67566 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of RHETT REBOLD and DERRICK BORTE for a Conditional Use Permit re a craft brewery and an open-air market at 505 18th Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RHETT REBOLD and DERRICK BORTE for a Conditional Use Permit re a craft brewery and an open- air market at 505 18th Street (GPIN 2427071188) DISTRICT 6 — BEACH The following conditions shall be required: 1. With the exception of any modifications required by any of these Conditions or as a result of development Site Plan review, the improvements to the site shall be substantially as shown on the submitted proposed Conceptual Renderings, proposed Conceptual Floorplan and proposed Conceptual Site Layout. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 2. To limit turn-around traffic in the alley, a sign shall be posted between the southeast corner of the building and 18th Street, communicating there is no parking available to patrons North of the building. 3. Walls and landscaping shall be provided between any outdoor seating and congregating area that dampen, reflect or absorb noise from negatively impacting adjacent residential properties. Said walls shall be comprised of quality material(s) of similar quality and appearance to wood, metal or concrete and evergreen plants. 4. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office, and a Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. Any Condition associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as Conditions of this Conditional Use Permit. 5. There shall be no sale or consumption of alcoholic beverages on the premises between 12:00 Midnight and 10:00 AM. The hours of operation shall be 10.•00 AM to 10:30 PM. Monday through Thursday, 10:00 AM to 12:00 AM. Friday and Saturday and 12:00 Noon to 10:00 PM on Sundays. Outside of these hours of operation, the craft brewery and food truck may not operate, unless otherwise approved for a Special Event permit. 6. Live music may be performed only inside the establishment and all doors and windows shall remain closed during such performances, except during the actual ingress and egress of patrons and employees. No music shall be performed earlier than 10:00 AM nor later than 10:00 PM 7. All signage shall comply with the Oceanfront Resort District Form-Based Code. 8. Theapplicant shall comply with all applicable parking requirements of Section 203 of the City Zoning Ordinance(CZO). 9. Unless otherwise approved for a Special Event Permit, or other City approval, one (1)food truck shall be permitted to operate in conjunction with the Craft Brewery. November 7, 2017 64 Item -VI-K.5 PLANNING ITEM#67566 (Continued) 10. A permanent power source shall be provided on-site for the Food Truck/Cart. The operation of the Food Truck shall not disturb the tranquility of residential use areas, or other areas in close proximity, or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic or overflow parking. 11. All mechanical equipment shall be screened from view from the public right-of-way. The location and screening of receptacles for trash and recycling shall follow the applicable City standards. Any trash receptacles shall be located to the North of the building and screened from view from 18`h Street and adjacent residential properties. The applicant shall schedule deliveries and refuse collection to avoid disturbing the adjacent residential uses. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, the Seventh day of November, Two Thousand Seventeen. Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: Jessica P. Abbott *COUNCIL LADY WILSON FILED A DISCLOSURE LETTER November 7, 2017 I XS --A-----..„ rIj r rte= ( _ / ;.a 5 ---- � / ~~` Y/ sr- Irl XI _ __.__:: 4 ___-__-------1----------- -------- 7.---1 � i• \ ',_-------• n� ugau Z Vi �- --1 _ lia _ 0 _ __ __ 'ti y \\,. ' ------ 7141/ ---------7.': \ ;11` ti ` \ \ 'ti, \ \ .` y O \i, CO top ., - ..-- -.-:. - ,.., __, \ (1) . , 1111111110 5 _ ve (J) ' _ _ _ -0-ININ1 \ --to \ Iii I.. 4 t :-- '..-.• Ili _ ra / anti _, . \_- - - _ \ \ . 1 \ ___-- \ \o 4 „0"G” .IIA$EACH ' `_ City of Virginia Beach w w OF OUR 010 VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2In Reply Refer to 0061764 VIRG NIA BEACHH,THOUSVA 234 DRIVE 9000 (757)3854581 FAX(757)385-5699 wsessoms®vbgov.com November 7, 2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the application of Rhett Rebold for a conditional use permit for property located at 505 18t Street and owned by Derrick Borte. 2. The property owner has disclosed that TowneBank is a financial services provider with respect to this transaction. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of the City Council. Thank you for your assistance. Sincerely, William D. essoms Mayor WDS/RRI i 01141.A.BEAC 04 ( tl.G. - CT-ity of Viririia Beach o 6 --ma. i y ` °F OUR IiNn" 44 VBgov.com ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX: (757)385-5669 In Reply Refer to 0061770 November 7, 2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the application of Rhett Rebold for a conditional use permit for property located at 505 18`h Street and owned by Derrick Borte. 2. The property owner has disclosed that Dixon Hughes Goodman is one of its service providers. 3. I have a personal interest in Dixon Hughes Goodman because I receive income from the firm as a result of my late husband's employment by the company. The 1 income is proceeds from the sale of his partnership interest, paid out over an extended period of time. Dixon Hughes Goodman's address is 272 Bendix Road, Suite 500, Virginia Beach, Virginia. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction,because I do not personally provide services to the applicant,the Act provides that I may participate in Council's discussion and vote on this application, upon disclosure of this interest. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Ruth Hodges Fraser -2- November 7, 2017 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) 5. I hereby disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sinc rely, Rosemary A. Wilson RAW/RRI 65 Item-VI-K 6 PLANNING ITEM#67567 The following individuals registered to speak: R. Edward Bourdon, spoke in SUPPORT Terri K Lavenstein, 2324 London Bridge Road, Phone: 472-3811, spoke in SUPPORT Robert Goodman, 2434 London Bridge Road, Phone: 202-4379, spoke in SUPPORT Benjamin Schwegler, 2272 Windy Pines Bend, Phone: 623-7333, spoke in OPPOSITION. Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council APPROVED, and CONDITIONED, WITH ADDED CONDITIONS: Ordinance upon application of GRACE BIBLE CHURCH OF VIRGINIA BEACH, INC. and MARY H. SMITH, TRUSTEE OF THE MARY H. SMITH REVOCABLE TRUST for a Conditional Use Permit re a religious use at 2285 London Bridge Road(Deferred October 3, 2017)DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of GRACE BIBLE CHURCH OF VIRGINIA BEACH,INC. and MARY H. SMITH, TRUSTEE OF THE MARY H. SMITH REVOCABLE TRUST for a Conditional Use Permit re a religious use at 2285 London Bridge Road (Deferred October 3, 2017) (GPIN 2405702584)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. When the church site is developed, it shall be in substantial conformance with the submitted Site Layout Exhibit entitled, "Conditional Use Permit Exhibit—Landscape Plan,"prepared by American Engineering, dated 04/28/2017, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled, "Grace Bible Church Red Mill Campus"prepared by Visioneering Studios, which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. The freestanding sign for the church shall be monument style, with a total height not to exceed eight (8)feet, and shall be in substantial conformance with the sign depicted on the Exhibit entitled, "Grace Bible Church Freestanding Sign," in terms of materials and color scheme. Said Exhibit has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. All signage on the site shall meet the requirements of the City Zoning Ordinance. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department Permits and Inspections Division and the Fire Department. November 7, 2017 66 Item-VI-K.6 PLANNING ITEM#67567 (Continued) 5. The Parking Lot must be at current grade with the adjoining property. 6. Existing vegetation on the Site Plan will remain. This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, the Seventh day of November, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P. Abbott November 7, 2017 _____..i, , , . ,..... ___=„ru-N PitY, LI / -----„,,„ ------- i-w--, \ -__ i / 7.10 / -i---- --,, -ri .,------------_____ _1 I _1 K1) ''• --- li 1 0 7---, , . 0 / / ..._._ \ 1 % I I ,,tY I \ 11-, \ \ 0 \ --- 1 \X 0. \ II IN -•, ' (--, -? ..7.:c....:" C.,:--j e. 0 ,.• -----946-t- C-j. itz_zi ,:_'9 • I 0 Z ' ---)11111. , _, , t, \ s--, li / i Z r" 030. -.,-. ----__<__ .-? i' 40" ---, ell • II . ---,..... . . Xj 4111F111,41111C4111... /// 0 ---..... . 0 / / , _ . 67 Item-VI-K.7 PLANNING ITEM#67568 The following individuals registered to speak: R. Edward Bourdon, attorney for Applicant, spoke in SUPPORT Jamie Hahl, 7935 Council Place, Suite 200,Matthews, NC, Phone: 704-540-7667 Kevin Martingayle, 3704 Pacific Avenue, Phone: 233-9991, representing the adjoining neighborhood, spoke in OPPOSITION. Lyn Henry, 3328 Scarborough Way, Phone: 533-0530, spoke in OPPOSITION. Inez Giles, 3231 Saxon Place, Phone: 679-7869, spoke in OPPOSITION Kelly Drorab, 3252 Peele Court, Phone: 434-1776, spoke in OPPOSITION. Nedra Howard, 3232 Creek Side Drive, Phone: 468-0542, spoke in OPPOSITION. Fred Aldridge, 1229 Warwick Drive, Phone:274-5287, spoke in OPPOSITION Bonita Gilchrest, 3246 Red Grove Court, Phone: 663-1007, spoke in OPPOSITION. Barbie Bromfield, 1120 Old Clubhouse Road, Phone: 630-5333, spoke in OPPOSITION Tony Tobler, 3282 Holland Road, Phone: 810-1589, spoke in OPPOSITION. Linda Russell, 1212 Skylar Drive, Phone: 427-6481, spoke in SUPPORT Barbara Messner, spoke in OPPOSITION Carl Wright, 1144 Mondrian Loop, spoke in OPPOSITION. After City Council discussion, Councilman Dyer made a motion, seconded by Councilman Davenport, to APPROVE and CONDITION, Ordinance upon application of SXCW PROPERTIES 11, LLC and FULTON BANK, N.A.for a Conditional Use Permit re a car wash and auto service station at 3264 Holland Road(Deferred October 17, 2017)DISTRICT 3—ROSE HALL Councilman Wood then made a SUBSTITUTE MOTION, seconded by Vice Mayor Louis R. Jones, to INDEFINITELY DEFER, Ordinance upon application of SXCW PROPERTIES II, LLC and FULTON BANK, N.A. for a Conditional Use Permit re a car wash and auto service station at 3264 Holland Road(Deferred October 17, 2017)DISTRICT 3—ROSE HALL November 7, 2017 68 Item -U-K.7 PLANNING ITEM#67568 (Continued) Voting: 8-2 Council Members Voting Aye: Robert M. Dyer, Barbara Al Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Voting Nay: M. Benjamin Davenport and John E. Uhrin Council Members Absent: Jessica P.Abbott November 7, 2017 69 ITEM VI-L APPOINTMENTS ITEM#67569 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES and WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD(CBS) HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HISTORIC PRESERVATION COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE(MEDAC) PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION(RAC) SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION November 7, 2017 70 ITEM VI-L APPOINTMENTS ITEM#6 75 70 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: JOHN CROMWELL BART FRYE Four year term 10/01/2017—09/30/2021 and APPOINTED: JASON DAWLEY Four year term 11/07/2017—09/30/2021 AGRICULTURAL ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P.Abbott November 7, 2017 71 ITEM VI-L APPOINTMENTS ITEM#67571 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: MICHAEL INMAN DEE OLIVER Four year term 01/01/2018—12/31/2021 PLANNING COMMISSION Voting: 10-0 Council Members Voting Aye: Al. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis K Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P.Abbott November 7, 2017 72 ITEM VI-L APPOINTMENTS ITEM#67572 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: TARA D. REEL—Alternate Two year term 11/07/2017—09/30/2019 TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P. Abbott November 7, 2017 73 ITEM VI-L APPOINTMENTS ITEM#67573 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: LEANNE AAB Y,Engineer DANIELLE JARVIS,Attorney Term ending 06/30/2021 2040 VISION TO ACTION COMMUNITY COALITION (VTACC) Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John K Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P. Abbott November 7, 2017 74 Item—VI-O ADJOURNMENT ITEM#6 75 74 Mayor William D. Sessoms,Jr., DECLARED the City Council Meeting ADJOURNED at 8:58 P.M. Amanda Fin ey-Barnes, MMC Chief Deputy City Clerk Re Hodges Fraser,MMC William D. Sessoms,Jr. City Clerk Mayor City of Virginia Beach Virginia November 7, 2017 75 OPEN DIALOGUE Donna Willey, 2900 Bald Eagle Bend, Phone: 650-5494, expressed concern regarding the parking lot elevation o`Piney Grove Baptist Church. Rose Harrell, 2805 Bald Eagle Road, Phone: 535-2095, expressed concern regarding the parking lot elevation of Piney Grove Baptist Church. Buddy Barrow, 2813 Bald Eagle Road, Phone: 404-5130, expressed concern regarding the parking lot elevation of Piney Grove Baptist Church. Reid Greenman, 2405 Cutter Drive, Phone: 615-4533, spoke regarding the Interfacility Traffic Area (ITA). Barbara Messner expressed her disappointment with the City not cancelling tonight's meeting since it was also Election Day. ADJOURNED AT 9:78 P.M. November 7, 2017