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01-09-2018 MINUTES • _cie11A BF„4 m " I . V� Gi ,46rd"` 4 I 1. i ouR kw VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 9, 2018 Vice Mayor Louis R. Jones called to order the City Council's Briefings on the MINORITY BUSINESS COUNCIL ANNUAL REPORT in the City Council Conference Room, Tuesday, January 9, 2018, at 4:00 P.M. Council Members Present: Jessica P. Abbott, 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 Absent: Mayor William D. Sessoms,Jr. out of town 2 CITY COUNCIL'S BRIEFINGS MINORITY BUSINESS COUNCIL ANNUAL REPORT ITEM#67692 4:00 P.M. Vice Mayor Jones welcomed Amma Guerrier, Vice Chair. Ms. Guerrier expressed her appreciation to the City Council for their continued support: VIRGINIAB E A C H 11' FL:4)111-0 MINORITY BUSINESS COUNCIL 2017 Annual Report January 9, 2018 Presented by: Sheila Johnson,MBC Chair Amma Guerrier,MBC Vice-Chair Here are the Members of the MBC: Minority Business Council Members Sheila Johnson-Chair Amma Guerrier—Vice Chair City Council Liaisons Councilman Bob Dyer Michael Lancaster—Secretarial Councilwoman Shannon Kane Officer Kelvin Arthur—Financial Counselor School Board Liaison Carla Bailey Dr.LaQuiche Parrott Harshad Barot Linda Bright Associates Francina Harrison Rhonda Alexander Brian Haskan Calherbe Monel Ed Hopper Frances Thompson Olga Torres Damen Watson Sabrina Wooten January 9, 2018 3 CITY COUNCIL'S BRIEFINGS MINORITY BUSINESS COUNCIL ANNUAL REPORT ITEM#67692 (Continued) Here is an Overview of the MBC: About the MBC Advisory agency to City Manager and City Council about City's procurement policies and procedures for small, woman, service- disabled and minority-owned businesses. www.vbciov.com/mbc https://wwwfacebook.com/VAB.MBC Here are a few of the 2017 MBC Initiatives: Build MBC Hampton Relationships Expo Univ. with other Small Diverse Orgs Bus Ctr 2017 Removal of Policy Pre-Qual Review MBC from Bond Initiatives waiver Process Project Improvement Information Committee Sheltered Sessions Bidding January 9, 2018 4 CITY COUNCIL'S BRIEFINGS MINORITY BUSINESS COUNCIL ANNUAL REPORT ITEM#67692 (Continued) Here is an Overview of the SWaM Sourcing Program: SWaM Sourcing Program Ex Outreach contractors Expo YYo ED Inslaule Wet 4roc.. Building PnmeiSub BOnd •:..1 ODport_ Sourcing Matching Waiver II Comm r. Program SYW11 Project Center for IOne 0. B4111 usleeas Briefing Advanced 1 Cups Farum Meetings EnVCDreneunMICL"C Job Order NSW a- Rcfeartll ConVaehng PrxtasarsfN OIMr System Programs Blue:Finance Green:Econ Dev Here is an Overview of the FY2017 Expenditure Summary Report: FY17 Expenditure Summary Report Prime Subcontractor Total Expenditures Percenta:e Non CIP Expenditures(Goods and Services) $142.9 Mmonty Business $10.9 $1.2 $12.1 8.5% Women-Owned $12 9 $0.1 $13.0 9.1% Service Disabled Veteran $0.2 $0.0 $0.2 0.1% Total MBEs,WBEs,$DVS $24.0 I $1.3 I $25.3 17.7% Total CIP Expenditures $158.0 Minority Business 55.4 $2 9 $8.3 5.3% Women-Owned 54 8 $7.4 $12.2 7.7% ' Service Disabled Veteran SO 3 $0.0 $0.3 0.2% ' Total MBEs,WBEs,SDVS I $10.5 I $10.3 I $20.8 I 13.2% ' Total Expenditures .300.9 ' Minority Business $16 3 $4 1 Women-Owned $17 7 57.5 $25.2 8.4% Service Disabled Veteran $0.5 $0.0 SO 5 0 2% Total MBEs,WBEs,SDVS - $11.6 $46.1 15.3% Nob:4cnotr women mdua.e m In marry dawl aro eSv NOTE:Commonwealth of Virginia Expenditure% Note swcenewran 0r.,r.m.nern,re. For minority-owned businesses for FY17=4.69% Source wow saso Vrronwoov January 9, 2018 5 CITY COUNCIL'S BRIEFINGS MINORITY BUSINESS COUNCIL ANNUAL REPORT ITEM#67692 (Continued) Here is an Overview of the Percentages of Expenditures to Minority Businesses, Non-CIP and CIP Expenditures totaling$20.4-Million: Percentages of Expenditures to Minority Businesses Non-CIP and OP Expenditures (Goods&Services&Construction/Capital Improvement Projectsi 12.00% 10.00% 9.56% 8.00% ------ ---196% -- –. 869% 836X920 8.50% 896% 7.29% 656% 6.00% ------- 63Ht— -- - -- - 6.60% S.{9% 4.00% 5.17% S'37% 6 5.306e 4.43% 9.25% 3.72% 200% 1.72% 1.66% 2.05% 0.00% 0.75% FY09 FY10 FYII FY12 FY13 FY14 FY15 FY16 FY17 —%Mlnorlty Non CM Cow:: — Minority CP Expenditures Total Overall Percentage In millions $14.1 514.8 $13.5 512.5 $12.9 $11.5 $14.1 $17.4 $20.4 Here are the Minority Expenditures by Category: Gapory Toter Wro.... F of M i n o r i t y 100 '°°°% 93 Expenditures -An Amman 5.2 91 7% CO ..icanIndian . . 2 by Category .,n Amman 7 7 47.0% 12 600% .ranc 2.0 177% 10 nn 460% • _, 0.9 3.7% 1 400% ss o% 300% ' 260% 200% .....11 n. 160E a 100% IO% 0 Note Ap.rlcen Indl.n Eapsnduu.w'610 316 00% - 7' Note Cay contracted with 156 WOE during EV 17 A.4n amen= Mew —Nalync Ohm January 9, 2018 6 CITY COUNCIL'S BRIEFINGS MINORITY BUSINESS COUNCIL ANNUAL REPORT ITEM#67692 (Continued) The City is being successful across the City as evidenced with this Program Growth: Program Growth Technology Software House International $2.1m Achieve 1 LLC—Next Generation Network $1.2m KETA Technologies 5204k Construction,Architecture and Engineering DeAngelo Brothers 51 8m • Ocean Construction 5560k • RAM Services 5391K • Ricks Concrete S339k • Grice Consulting $173k EL X Enterprises S95k Arive Architecture Interiors S20k Pharmacy Peoples Pharmacy S180K VIRGINIA BEACH F � Sill ell 111.4) MINORITY BUSINESS COUNCIL 2017 Annual Report January 9, 2018 Presented by: Sheila Johnson,MBC Chair Amma Guerrier,MBC Vice-Chair Vice Mayor Jones expressed his appreciation to Ms. Guerrier and the entire MBC for all of their dedication and hard work for the City. January 9, 2018 7 CITY COUNCIL'S BRIEFINGS DISPARITY STUDY UPDATE ITEM#67693 4:18 P.M. Vice Mayor Jones welcomed Taylor Adams, Finance Operations Administrator and Dr. Sameer Bawa, BBC Research and Consulting. Mr. Adams expressed his appreciation to the City Council for their continued support. Dr. Bawa also expressed his appreciation for the opportunity to provide this status update of the Disparity Study: BBC Presented by .r•ini i[Sc., ii 2018 CITY OF VIRGINIA BEACH DISPARITY STUDY STUDY UPDATE January 9.2018 ---- --- Here are the Disparity Study Objectives: DISPARITY STUDY OBJECTIVES M/W Market participation conditions Do M/Ws face barriers in City Contract Program policies contracting? measures • January 9, 2018 8 CITY COUNCIL'S BRIEFINGS DISPARITY STUDY UPDATE ITEM#67693 (Continued) Here are the Disparity Study Elements: DISPARITY STUDY ELEMENTS Project management Community engagement Legal analysis and framework DISPARITY STUDY Review of contracting Utilization analysis Availability analysis Disparity analysis Explorations of any disparities Analyses of marketplace conditions Recommendations Reports and presentations Here is an Overview of the Utilization Analysis: UTILIZATION ANALYSIS Dollars M/Ws received All relevant Primary lines industries of work Prime and subcontracts City Survey 07/01/13- data data Race and 06/30/17 gender M/W Participation January 9, 2018 9 CITY COUNCIL'S BRIEFINGS DISPARITY STUDY UPDATE ITEM#67693 (Continued) Here is an Overview of the Availability Analysis: AVAILABILITY ANALYSIS Dollars M/Ws ready, willing, able to perform Lines of work Vendor role "Phone book" Year est. Capacity 5,000- 10,000 businesses Interest Race/gender M/W Availability Here is an Overview of the Disparity Analysis: DISPARITY ANALYSIS Differences bet. participation & availability M/W participation _ DISPARITY M/W - INDEX availability .80 = substantial underutilization 6 January 9, 2018 10 CITY COUNCIL'S BRIEFINGS DISPARITY STUDY UPDATE ITEM#67693 (Continued) Here is the Timeline and Progress of the Study: TIMELINE AND PROGRESS Draft report Project Stakeholder Data collection Draft Initiation meetings and analyses results Final 1 /report Sep I Oct I Nov I Dec I Jan I Feb I Mar I Apr I May I Jun I Jul Aug Month Here is the Study Progress: STUDY PROGRESS • Participated in project initiation meetings • Reviewed systems and requested data • Collected majority of City data • Begun compiling City data • Conducted stakeholder meetings • Begun in-depth interview process January 9, 2018 11 CITY COUNCIL'S BRIEFINGS DISPARITY STUDY UPDATE ITEM#67693 (Continued) Here are the Next Steps NEXT STEPS • Define relevant geography and markets • Conduct availability surveys • Continue conducting in-depth interviews • Collect additional subcontracting data • Continue developing legal framework QUESTIONS Vice Mayor Jones expressed his appreciation to Mr. Adams and Dr. Bawa for this very informative presentation. January 9, 2018 12 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT UPDATE ITEM#67694 4:36 P.M. Vice Mayor Jones welcomed Ronald H. Williams, Jr., Deputy City Manager. Mr. Williams expressed his appreciation to City Council for their continued support: Virginia Beach Central Beach Entertainment District - „to Virginia Beach City Council Directional Brief January 9, 2018 • Here is an Overview of the Central Beach Entertainment District Updates: Central Beach Entertainment District Updates • ViBe District—19t''Street Improvement Project • Dome Site—January Public Engagement Opportunities • Sports Center—Recommendations for selection of Design-Builder and Operator • Pier Development—Recommendation for lease agreement and term sheet development January 9, 2018 13 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT UPDATE ITEM#67694 (Continued) 11.ViBe District \pili Here is an Overview of the 19th Street Improvement—CIP 9.100: 19th Street Improvements—CIP 9.100 • Design complete and ready for advertising by end of January • Construction commences—April 2018 • Construction completion—May 2020 7- 1�'1r y0 LL s January 9, 2018 14 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT UPDATE ITEM#67694 (Continued) Dome Site Update • Here is an Overview of the Dome Site Selection Process: Dome Site Selection Process Review Select PgeNpu oate opm Real Estate/ EngagementOuQualifiedvubbc Cost Develop em.m Financing dDd Devebf.". .mat/ ,Concept Partpat an W ^ Closing Interview Operator Refinement &Terra sheet Selection Mese Pee-D.mI.paut Peace pwek/nwrt 1111 11111 Pre-Development Phase Mqucles • n series of fe.slbflhy mdln and further due diligence in order to dem bp deal points for the term sheet and ultimately Me development ment • It requires public engagement and establishes timelines and schedules January 9, 2018 15 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT UPDATE ITEM#67694 (Continued) There are a number of public engagement opportunities for the Dome Site scheduled for January: January Public Engagement Opportunities for Dome Site Online Public Surveys Stakeholder January 31n Meetings Public Workshop Public Input toe U.in preliminary Design, Programming,& Feasibility Studies Here are the Next Steps scheduled through March: Next Steps — January - March Conduct Public Engagement Initiatives 1. Stakeholder Input Meetings 2. Online Public Surveys 3. January 31"Public Engagement Workshop Commence Feasibility Studies 1. Entertainment Feasibility Study • Validate market demand and affirm recommendations for size of venue 2. Retail Feasibility Study • Validate market demand and affirm recommendations for retail mix 3. Overall Economic Impact Analysis • Forecast overall economic impact of entire mixed use development 4. Parking Feasibility Study • Validate parking demand and recommend total#of spaces 5. Construction Cost Verification • Verify estimated construction costs and provide market comparisons January 9, 2018 16 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT UPDATE ITEM#67694 (Continued) Sports Center Update _3' i Here is an Overview of the CVB Sports Center PPEA Schedule: CVB Sports Center PPEA Schedule ..M .uMm yfw.p�M PMVM •w kt Nom, ."" Ptr = YMW Mnld on YNr A��, ‘4...V. +- Op fawn • Conceptual Phase Detailed Phase ■ ■ ■ ■ ■ ■ lunet 20111 January 9, 2018 17 • CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT UPDATE ITEM#67694 (Continued) • Selection of Design - Build and Operator Teams Recommended Design—Build ` MEB CLARKNEXSEN HANBURY General Contractor Recommended Operator .46 1 Here are the Goals of the Design-Build Interim Agreement: Goals of the Design - Build Interim Agreement • Finalize site layout • Allow for preliminary site work • Conduct Public Engagement • Finalize scope and amenities • Design to 30% • Establish Guaranteed Maximum Price (GMP) • Finalize Comprehensive Agreement January 9, 2018 18 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT UPDATE ITEM#67694 (Continued) Here are the Next Steps: Next Steps •January 9th—Announcement of Preferred Design-Builder and Operator • January 16th— Public Hearing for Design-Build Interim Agreement • February 20th—Adoption of Design-Build Interim Agreement • February 20th—Public Hearing for Operator Interim Agreement • March 20th—Adoption of Operator Interim Agreement Pier Development • January 9, 2018 19 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT UPDATE ITEM#67694 (Continued) Here is the Recommendation for the New Pier Development: Recommendation for New Pier Development • January 9th—Agree to release invitation to bid for lease of city owned property, in order to induce the construction of a new city owned pier.This investment will be open to the public, adjacent to the existing pier, crosses the public beach, connected to the public Boardwalk, aligned with 15th Street, with a public connector park to Atlantic Avenue and enhanced public parking • January 16th—Public comment at City Council meeting • February 6th—Lease bid opening • February 20th—VBDA and City Council approval of Lease Agreement and Term Sheet for Development Agreement Here is a Rendering of the New Pier Development: it�tie �Il January 9, 2018 20 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT UPDATE ITEM#67694 (Continued) -1- 1- ,1- __ I s ■ _ •a 'colt Recommendation for New Pier Development • January 9th-Agree to release invitation to bid for lease of city owned property, in order to induce the construction of a new city owned pier.This investment will be open to the public, adjacent to the existing pier, crosses the public beach, connected to the public Boardwalk,aligned with 15th Street, with a public connector park to Atlantic Avenue and enhanced public parking • January 16th—Public comment at City Council meeting • February 6th—Lease bid opening • February 20th-VBDA and City Council approval of Lease Agreement and Term Sheet for Development Agreement January 9, 2018 21 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT UPDATE ITEM#67694 (Continued) Questions / , l ti _ Discussion i\l, I9 Vice Mayor Jones expressed his appreciation to Mr. Williams for this very informative presentation. January 9, 2018 CITY MANAGER'S BRIEFINGS SHORT TERM RENTALS ITEM#67695 5:36 P.M. Vice Mayor Jones welcomed Barry Frankenfield, Director—Planning and Community Development. Mr. Frankenfield expressed his appreciation to City Council for their continued support: T;',, • \EPlanning& ��t Community Short Term Rentals City Council Briefing 7.' January 9, 2018 i ,1 ' '" „ Barry Frankenfield,Director,Planning —- -- — — Robert Thornton,Chair,Planning Commission ill FE ,lam Ill „ rI�- ►.ml iy . •r Here is the Short Term Rentals—Background: Short Term Rentals— Background Beaches&Waterways Commission:Tasked with looking into Event Houses,and later with short term rentals. Recommendations presented August 2016. Ad Hoc Committee:Tasked with looking at the proposed State legislation on short term rentals and provided a report with recommendations to Council in November 2016. General Assembly Legislation July 2017: Allows localities to establish a registry for STRs and allows localities to adopt zoning regulations. CVB amended ordinances to comply with General Assembly Legislation. City Council November 21,2017: Draft ordinances referred to Planning Commission for recommendation within 40 days January 9, 2018 23 CITY MANAGER'S BRIEFINGS SHORT TERM RENTALS ITEM#67695 (Continued) Here is an Overview of the Draft Ordinances. It is important to note "homesharing"a "by right"use: Short Term Rentals— Draft Ordinances • Alternative 1: Short Term Rental Overlay District,properties within district would not require Conditional Use Permit (CUP). All other areas would require CUP. • Alternative 2: Registration prior to January 1,2017 use is permitted. Registration after January 1,2017 requires Conditional Use Permit(CUP). • Alternative 3:All Short Term Rentals"accessory use", permitted in all residential districts with conditions. Here is a Matrix for the Draft Ordinances: Short Term Rentals - Matrix m DNtMSuish Nome Shoring from Short No Term Renul '' n' Short Term Rentel Overlay Diebkb STOOD 0e, No No —_Wrrsa Slw4B IMrblm NM Shoot ort Mm fNert Msw brsbl O- No,unkSS No,unless r Accessory By Richt Use ST000 Yea Previously Use •id TOT unless in 'untss CUP Required No Y•s5Two No Previously No •id TOT IMMEMELMOMMINIUMETIMMINEMMOMMIEM=.11.111M1111.1 0®®®® 0®0®® EgggiYea Yea Yea Yn Yes ®IIMMII®®® ®®®' ® EMMIIEM=2==2:=MEMEINEMMIIIMIIETIIME SEIMECIMTIMINIEVENIIMMIIMnn BEENIMIN No Yes No Yn Yes January 9, 2018 24 CITY MANAGER'S BRIEFINGS SHORT TERM RENTALS ITEM#67695 (Continued) Short Term Rentals — Planning Commission Total Rentals:1,529 Real Estate:1,135(34%) Hotels:10(1%) Individual whole Hous:282 (19%) Planning Commission Workshops diem Rentals98(6%) • December 4:+/-50 attended • -r¢'• • December 12:+/-12 attended 0$3 •0411. Planning Commission Handouts 4J . • Letters and Emails • Occupancy Estimates • Fees • Map of STRs • Special Event Fees and Process • 311 calls for noise&parking - STR Map November 201/ Short Term Rentals— Planning Commission Planning Commission Meeting December 13, 2017 Planning Commission Informal Session • Review of handouts • General discussion—no consensus Planning Commission Public Hearing • 37 speakers • Verbatim transcript&summary notes Planning Commission deferred actiobn and requested extension to February 14, 2018 January 9, 2018 25 CITY MANAGER'S BRIEFINGS SHORT TERM RENTALS ITEM#67695 (Continued) Short Term Rentals — Discussion Comments tend to support Alternative 2 or 3 Most common concerns: • Occupancy per bedroom limitations • One contract per 7 day period • Insurance requirement • Events/Special event permit process • Enforcement&Inspections Short Term Rentals — Recent Actions December 15, 2017: Letter to Council from City Manager regarding Planning Commission deferral until February 14th December 29, 2017: Letter to Council from Mayor requesting delay STR action and prepare resolution to direct Planning Commission recommendation on February 14th and Public Hearing on February 20th January 9,2018: Council Resolution to defer action until after February 14 Planning Commission Public Hearing January 9, 2018 26 CITY MANAGER'S BRIEFINGS SHORT TERM RENTALS ITEM#67695 (Continued) Bob Thorton, Chair-Planning Commission assured City Council the Commission will work hard to provide City Council a recommendation on February 14, 2018: Short Term Rentals — What's Next Planning Commission will hold at least 2 public workshops before the February 14 Planning Commission(dates to be determined) February 14,2018 Planning Commission:Optimistic for a recommendation February 20,2018:Council briefing and public comment March 20,2018:Council action Vice Mayor Jones expressed his appreciation to Mr. Frankenfield, Mr. Thorton and everyone working hard to reach a consensus on this very complex issue. January 9, 2018 27 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#67696 5:55 P.M. Vice Mayor Jones welcomed Carolyn Smith, Planning Administrator. Ms. Smith expressed her appreciation to City Council for their continued support:• ar'�.' Virginia Beach f/, A ,,\ . Planning Items , °�, s • January 9th & 16th City Council Meetings F •i 4.,,...i..v.:'Zi141%,*/ tiawitiNt-'-% - , . Sib Two items are scheduled to be considered at tonight's meeting: SUMMARY — January 9th Two Planning items are scheduled for City Council's consideration 1. City of Virginia Beach • An Ordinance to amend Sections 11 and 218 of the City Zoning Ordinance pertaining to the definition of a MaJor Retail Venue 2. City of Virginia Beach(Item H.3—"Ordinances/Resolutions") • A Resolution providing additional time for consideration by the Planning Commission of the proposed alternative amendments to the City's Zoning Ordinance pertaining to the definition,requirements and use of Home Sharing and Short Term Rentals I January 9, 2018 28 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#67696 (Continued) City of Virginia Beach Agenda Item 1 . 1 An Ordinance to Amend Sections 111 and 218 of the City Zoning Ordinance pertaining to the Definition of Major Retail Venue Staff recommends Approval Planning Commission voted 11-0 to recommend Deferral Major Retail Venue • Not located in an agricultural,residential or apartment district; • On a zoning lot greater than 4,000,000 square feet; • Principal use is indoor recreation and retail shopping; • Zoning lot is distinguishes by: • Architecture; • Design;and • Accessibility of development features on the lot. January 9, 2018 41. 29 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#67696 (Continued) City of Virginia Beach Agenda Item H . 3 A Resolution providing additional time for consideration by the Planning Commission of the proposed alternative amendments to the City's Zoning Ordinance pertaining to the definition, requirements and use of Home Sharing and Short Term Rentals Upcoming Schedule • Now-February 14th-at least two public workshops • February 14th—Ordinance recommended by Planning Commission • February 20th—Council briefing and public comment • March 20th—Council action January 9, 2018 30 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#67696 (Continued) SUMMARY — January 16th Five Planning items are scheduled for City Council's consideration City Council will need to vote to defer (indefinitely) the five agenda items pertaining to Short Term Rentals. [Pending adoption of resolution on January 9th giving Planning Commission additional time] (Agenda items have been advertised) Five items are scheduled to be considered on January 16, 2018: SUMMARY — January 16th Five Planning items are scheduled for City Council's consideration 1. City of Virginia Beach • An Ordinance to Amend Section 901 of the City Zoning Ordinance to allow off-site parking facilities as a permitted use in the B-2 Zoning District with specified requirements 2. Tatyana Veal—Rose Hall District • Conditional Use Permit(family Day-Care Home) Awe rsw — 3. Dacor,LLC—Kempsville District ) • Subdivision Variance(Section 4.4(b)of the Subdivision Regulations) 4. Hertz Corporation—Rose Hall District a `"ri "" • Conditional Use Permit(Motor Vehicle Rentals) - 5. Princess Anne Shoppes Owner's Association—Princess Anne District • Modification of Conditions January 9, 2018 31 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#67696 (Continued) City of Virginia Beach Agenda Item 1 An Ordinance to Amend Section 901 of the City Zoning Ordinance to allow off-site parking facilities as a permitted use in the B-2 Community Business District with specified requirements Staff recommends Approval Planning Commission voted 11-0 to recommend Approval The established criteria are consistent with section 23-58 of the City Code. • Must conform to all regulations of the district it is located; • Spaces provided do not count towards off-street parking for another site; • Must be constructed using asphalt,concrete or other material suitable to the Planning Director; • Site plan must be submitted to the Development Services Center; • A 15-foot buffer with Category IV landscaping is required when adjacent to residential or apartment districts; • May be enclosed with a fence that meets the requirements of the ordinance; • Interior landscaping must be provided to meet standards of the Landscape Guide; • Must be maintained in a clean and appropriate fashion; • Trash receptacles must be located on site; • Must meet ADA and all other federal and state requirements. January 9, 2018 32 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#67696 (Continued) Tatyana Veal Agenda Item Council District Rose Hall Location 1504 Catesby Circle 2 ` ; i t , _ .... ,,Y,,. . 1 _ - ' ' //// R-10 1. '—'7"-- -.. a-x Conditional Use Permit(Family Day-Care Home) Staff recommends Approval Planning Commission voted 11-0 to recommend Approval Tatyana Veal tri ,11 1I 11)...1 1 ` lIiilii ) il i,.... Crenate I • Proposes to care for up to 12 children • Large backyard for outdoor play • Driveway can accommodate up to 4 vehicles January 9, 2018 33 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#67696 (Continued) Dacor, LLC Agenda Item Council District Kempsville Location West of Ferry Point Road, 110 feet North of Chisman Court 3 \ B2 R[ // t cam T�;�. F Subdivision Variance(Section 4.4(b)of the Subdivision Regulations) Staff recommends Approval Planning Commission voted 11-0 to recommend Approval Dacor,LLC W . i ,..• 4,411Ki. 14 ' PA f EIA , po is 1 Pl . .. ,,, • Subdividing existing lot into 3 parcels °T•e1 LOT , i • Proposed rear flag lot is deficient in lot width I I • Consistent with the pattern of development along Ferry .au— :smsn Point Road • Single-family dwelling on each lot = 4\ 1k, let,,,,,,,,,,,,,, 1111 / January 9, 2018 34 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#67696 (Continued) Hertz Corporation Agenda Item Council District Rose Hall Location 1116 Lynnhaven Parkway 4 J1r� ,�� - '..S �'` trr a ...• gt Conditional Use Permit(Motor Vehicle Rental) Staff recommends Approval Planning Commission voted 11-0 to recommend Approval Hertz Corporation 1 IL • Renting vehicles from existing auto parts store and repair center • Up to 10 cars stored in the northwest corner of the parking lot • Adding street frontage landscaping to screen the display area January 9, 2018 35 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#67696 (Continued) Princess Anne Shoppes Owner's Association, Inc. Agenda Item Council District Princess Anne Location Northwest Corner North Landing Road&George Mason Drive 5 . ,. ... „,,_ i ;,-4,ri.. ''.,—I.,Af• >, .- . 40-2 : .',...','`'.(,,_ ''''-?' r tr y '1 ax j \ r � ';, , t-, . Fitt ,.{ " ' Modification of Proffers Staff recommends Approval Planning Commission voted 11-0 to recommend Approval Princess Anne Shoppes Owner's Association,Inc. Princess Anne , a g. IM -.- K o 61 51.10/K PRINCESS RI u. NCESS ANNE SHOPPES • Proposing a 6-foot tall brick veneer sign with red vinyl background • Certificate of Appropriateness issued by Historic Review Board Vice Mayor Jones expressed his appreciation to Ms. Smith and the entire Department for the work and dedication to the City. January 9, 2018 36 CITY COUNCIL LIAISON REPORTS ITEM#67697 Due to a lack of time there were no Liaison Reports • January 9, 2018 37 CITY COUNCIL COMMENTS ITEM#67698 Due to a lack of time there were no Liaison Reports January 9, 2018 38 AGENDA REVIEW SESSION ITEM#67699 5:35 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: H. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 21-303 re:Parking in Cul-de-Sacs b. Section 38-3 re:Discharge of Firearms 2. Ordinance to REPEAL the City Code Section 23-15 re:Begging on Streets or Beaches 3. Resolution to ALLOW Additional Time for consideration by the Planning Commission for the Proposed Alternative Amendments to the City Zoning Ordinance(CZO) re:Definition, Requirements and Use of Home Sharing and Short Term Rentals 4. Resolutions to APPOINT: a. Amanda Barnes to the Position of City Clerk b. Ronald D.Agnor to the Position of City Real Estate Assessor 5. Ordinance to TRANSFER$208,375 from the Fire Department's Operating Budget re Staffing for Adequate Fire and Emergency Response (SAFER) Grant ADD ON Ordinance CONFIRMING the Declaration of a Local Emergency due to Winter Storm Grayson ITEM#3 WILL BE CONSIDERED SEPARATELY COUNCIL LADY ABBOTT WILL ABSTAIN ON ITEM#4b COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#4b January 9, 2018 39 AGENDA REVIEW SESSION ITEM#67699 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING 1. Ordinance to AMEND Sections 111 and 218 of the City Zoning Ordinance (CZO) re: Definition of Major Retail Venue COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#1 • **THERE WAS NO CLOSED SESSION January 9, 2018 40 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 9, 2018 6:00 P.M. Vice Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, January 9, 2018, at 6:00 P.M. Council Members Present: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. INVOCATION: Vice Mayor Louis R.Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 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 identifying 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. January 9, 2018 41 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 State 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 he included in the official records of City Council. Council Lady Wilson's letter ofJune 2, 2015, is hereby made a part of the record. January 9, 2018 42 Item—VI-E CERTIFICATION ITEM#67700 THE CLOSED SESSION WAS NOT HELD DUE TO LACK OF TIME January 9, 2018 43 Item-VI-F MINUTES ITEM#67701 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of December 12, 2017. Voting: 9-0 Council Members Voting Aye: Al. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis K Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Jessica P. Abbott Council Members Absent: Mayor William D. Sessoms,Jr. January 9, 2018 44 Item -VI-F MINUTES ITEM#67702 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSIONS of December 12, 15 and 19,2017. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, 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 Absent: Mayor William D.Sessoms, Jr. ** Council Lady Abbott Verbally Abstained on the Minutes for the Special Formal Session of December 12,2017 ** Councilman Moss Verbally Abstained on the Minutes for the Special Formal Sessions of December 12 and 19, 2017 January 9, 2018 45 ADOPT AGENDA FOR FORMAL SESSION ITEM#67703 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 9, 2018 46 ADD ON ORDINANCE ITEM#67704 Upon motion by Councilman Wood, seconded by Councilman Moss, City Council ADDED Ordinance CONFIRMING the Declaration of a Local Emergency due to Winter Storm Grayson Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert Al 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 Absent: Mayor William D. Sessoms, Jr. January 9, 2018 1 AN ORDINANCE CONFIRMING THE DECLARATION OF A 2 LOCAL EMERGENCY DUE TO WINTER STORM 3 GRAYSON 4 5 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of 6 emergency management to declare the existence of a local emergency, subject to 7 confirmation by the governing body; 8 9 WHEREAS, in conformity with the Commonwealth of Virginia Emergency 10 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), City Council, by 11 adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency 12 Management and appointed the City Manager as the Director of Emergency 13 Management; 14 15 WHEREAS, in response to the imminent threat of danger posed by Winter Storm 16 Grayson, Governor McAuliffe issued a State Declaration of Emergency on January 3, 17 2018; and 18 19 WHEREAS, in response to the imminent threat of danger posed by Winter Storm 20 Grayson, the City Manager, as the Director of Emergency Management, issued a 21 Declaration of Local Emergency effective January 4, 2018, at 0001 hours. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That, pursuant to Virginia Code § 44-146.21, the City Council hereby confirms 27 the Declaration of Local Emergency issued by the City Manager effective January 4, 28 2018, a copy of which is attached hereto and incorporated by reference; and hereby 29 ends the declared emergency, effective January 9, 2018 at 1200 hours. 30 Adopted by the Council of the City of Virginia Beach on the day of , 2018. APPRO II AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ott" — e e David L. 'ansen Eliz eth B. DeJa tte City Manager's Office City Office CA14262 R-1 January 8, 2018 DECLARATION OF LOCAL EMERGENCY 1,the undersigned,as City Manager and Director of Emergency Management for the City of Virginia Beach,find the imminent threat of snow,ice,and winds forecasted and the very real possibly of power outages,along with the loss or interruption of vital City services posed by Winter Storm Grayson to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate any potential damage,loss,hardship or suffering.Therefore,pursuant to Code of Virginia§44-146.21, as amended,I hereby declare the existence of a Local Emergency in the City of Virginia Beach beginning January 0018 at 000' hours. In accordance with this Declaration,the Office of Emergency Management and all other appropriate City agencies are hereby vested with,and authorized to carry out,all powers,duties,and functions prescribed by State and local laws,rules,regulations,and plans as may be necessary to adequately and appropriately response to said Local Fmergmcy. David L.Hansen,City Manager& Director of Emergency Management I - 3- 2018 (Date) 47 Item- VII-H ORDINANCES/RESOLUTIONS ITEM#67705 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Agenda Items la/b, 2, 4a/b, 5, and 6(ADD ON) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, 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 Absent: Mayor William D. Sessoms,Jr. **MOSS VOTED VERBAL NAY ON ITEM#4b **COUNCIL LADY ABBOTT ABSTAINED ON ITEM#4b January 9, 2018 48 Item-VII-H.1 a ORDINANCES/RESOLUTIONS ITEM#67706 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Code: a. Section 21-303 re: Parking in Cul-de-Sacs Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, 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 Absent: Mayor William D. Sessoms, Jr. January 9, 2018 1 AN ORDINANCE TO AMEND SECTION 21- 2 303 OF THE CITY CODE PERTAINING TO 3 PARKING IN CUL-DE-SACS 4 5 SECTION AMENDED: § 21-303 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 21-303 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and ordained to read as follows: 12 13 Sec. 21-303. - General parking prohibitions; penalties for violation. 14 15 (a) No person shall park a vehicle, except when necessary to avoid conflict with other 16 traffic or in compliance with the directions of a police officer or traffic-control device, 17 in any of the following places: 18 (1) Within any designated fire lane. 19 (2) At any place so as to block any fire department connection. 20 (3) Within seventy-five (75) feet of the driveway entrance to any fire station if 21 properly posted, or on the side of a street opposite the entrance to any fire 22 station. 23 (4) In front of a public driveway. 24 (5) On the roadway side of any vehicle parked at the edge or curb of a street 25 (double parking). 26 (6) Upon any bridge or other elevated structure upon a street or highway or within 27 a tunnel. 28 (7) On the left-hand side of roadway of a two-way street. The provisions of this 29 sub-section exclude those city vehicles operated by city employees executing 30 official duties that require repeated vehicle exit and entry. 31 (8) At any place so as to impede or render dangerous the use of any street or 32 highway. 33 (b) No person shall park a vehicle, except when necessary to avoid conflict with other 34 traffic or in compliance with the directions of a police officer or traffic-control device, 35 in any of the following places: 36 (1) On a sidewalk. 37 (2) On a crosswalk. 38 (3) Within twenty (20) feet of a marked crosswalk at an intersection. 39 (4) Within thirty (30) feet upon the approach to any flashing beacon, stop sign or 40 traffic-control signal located at the side of a roadway. 41 (5) Between a safety zone and the adjacent curb or within thirty (30) feet of points 42 on the curb immediately opposite the ends of a safety zone, unless a different 43 length is indicated by official signs or markings. 44 (6) Within fifty (50) feet of the nearest rail of a railroad grade crossing. 45 (7) Alongside or opposite any street excavation or obstruction, when such parking 46 would obstruct traffic. 47 (8) At any place where official signs prohibit, reserve or restrict parking. 48 (9) In a residential or apartment district (area), if such vehicle is a commercial 49 vehicle in excess of twenty (20) feet in length and/or seven (7) feet in height. 50 This restriction shall not apply to commercial vehicles parked while engaged in 51 the normal conduct of business or in the delivery or provision of goods or 52 services in a residential or apartment district (area). 53 (10) At any place so as to prevent the use of a curb ramp located on public 54 property or on privately owned property open to the public. 55 (11) At any place, angle parked or perpendicular to a curb, unless street markings 56 permit. 57 (12) In a cul-de-sac other than close to and parallel to the edge of the curb or 58 roadway, except in parking spaces approved and marked by the City or where a 59 lawfully erected siqn otherwise permits. 60 61 (13) On any street or highway or any city parking lot or other city-owned property 62 for the purpose of selling or offering the vehicle for sale or rent. Factors that 63 shall be considered in determining the purpose for which a vehicle is parked 64 shall include, but not be limited to (i) the number, size and placement of signs 65 offering the vehicle for sale or rent; (ii) the length of time the vehicle is parked; 66 and (iii) the manner in which the vehicle is parked. 67 (c) No person shall park on any street or highway, or on any city parking lot, any 68 vehicle which fails to display valid and current state license plates. 69 (d) Penalties. 70 (1) When a notice or citation is attached to a vehicle found parked in violation of 71 any provision of this section or section 21-1 incorporating the provisions of Title 72 46.2 of the Code of Virginia, the owner of the vehicle may pay to the city 73 treasurer, in satisfaction of any such violation, a penalty fine as listed below 74 when such payment is postmarked or received by the city treasurer within 75 fourteen (14) calendar day after issuance of such a notice or citation. Such 76 payment shall constitute a plea of guilty to the violation in question. 77 (i) A penalty fine of thirty-five dollars ($35.00) for all parking violations citing 78 City Code section 21-1 incorporating the parking provisions of Title 46.2 of 79 the Code of Virginia. 80 (ii) A penalty fine of thirty-five dollars ($35.00) for a violation of any provision 81 of subsection (a), except (a)(1), for each hour or fraction thereof during 82 which such vehicle was unlawfully parked. 83 (iii) A penalty fine of twenty dollars ($20.00) for a violation of any provision of 84 subsection (b) for each hour or fraction thereof during which such vehicle 85 was unlawfully parked. 86 (iv) A penalty fine of thirty-five dollars ($35.00) for a violation of subsection (c) 87 for each day or fraction thereof during which such vehicle was unlawfully 88 parked. 89 (v) A penalty fine of fifty dollars ($50.00) for a violation of subsection (a)(1) for 90 each hour or fraction thereof during which such vehicle was unlawfully 91 parked. 92 (2) If such payment is not postmarked or received by the city treasurer within 93 fourteen (14) calendar days after issuance of such notice or citation, the penalty 94 fine shall increase to double that indicated above. 95 (3) For failure to respond to notices or citations within thirty (30) days, refer to 96 subsection 21-312(b) below. Adopted by the City Council of the City of Virginia Beach, Virginia, on this9th day of_ January , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department City id orney's Offi CA14253 R-2 December 28, 2017 49 Item-VII-H.Ib ORDINANCES/RESOLUTIONS ITEM#67707 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Code: b. Section 38-3 re:Discharge of Firearms Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, 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 Absent: Mayor William D. Sessoms,Jr. January 9, 2018 1 AN ORDINANCE TO AMEND SECTION 38-3 2 OF THE CITY CODE PERTAINING TO 3 DISCHARGE OF FIREARMS 4 5 SECTION AMENDED: § 38-3 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 38-3 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and ordained to read as follows: 12 13 Sec. 38-3. - Discharge of firearms, air guns, etc. 14 (a) It shall be unlawful for any person to discharge any firearm, spring-propelled rifle 15 or pistol, from or across any land or water north or west of the trace of the line 16 beginning at the intersection of North Landing Road and the Chesapeake-Virginia 17 Beach city boundary line; thence northwardly along North Landing Road to Indian 18 River Road; thence eastwardly along Indian River Road to New Bridge Road; 19 thence northeastwardly along New Bridge Road to Sandbridge Road, thence 20 eastwardly along Sandbridge Road to its intersection with the Atlantic Ocean, or 21 across any land north of False Cape State Park and east of Shipps Bay and Point 22 Creek. This prohibition shall not apply to shotguns discharging pellets under the 23 following conditions: 24 (1) On land that is fifty (50) acres or more of contiguous area, or less than fifty 25 (50) acres of contiguous area south of the trace of the line beginning at the 26 intersection of Elbow Road and the Chesapeake-Virginia Beach city boundary 27 line; thence northeastwardly along Elbow Road to Salem Road; thence 28 southeastwardly along Salem Road to North Landstown Road; thence 29 northeastwardly along Landstown Road to Princess Anne Road; thence 30 southeastwardly along Princess Anne Road to Sandbridge Road; thence 31 eastwardly along Sandbridge Road to its intersection with the Atlantic Ocean; 32 and 33 (2) Under one (1) ownership; and 34 (3) Used primarily for agricultural purposes; and 35 (4) The landowner has applied for an annual permit from the city manager to use 36 his property for this purpose, which permit shall be granted by the city manager 37 if the applicant meets the requirements of this section; and 38 (5) The person discharging a shotgun as herein set forth shall, at all times while 39 engaged in such activity, have in his possession written permission from the 40 landowner to discharge such weapon on the premises; and 41 (6) All permits shall expire on the next June 30 after the date of issuance. 42 (b) Notwithstanding the provisions of subsection (a)(4) above, no permit shall be 43 issued to a landowner if it is determined by the city manager or his duly authorized 44 agent that the issuance of such permit would be detrimental to the public safety, 45 and any permit that has been issued and is in effect may be revoked by the city 46 manager if it is determined by the city manager or his duly authorized agent that 47 conditions have changed since the date of issuance of the permit that cause the 48 continued use of the land for the permitted purpose to be detrimental to the public 49 safety. 50 (c) It shall be lawful to discharge firearms of .22-caliber or less south of the trace line 51 enumerated in subsection (a) subject to the provisions of this section. It shall be 52 unlawful to discharge any firearms greater than .22-caliber any place within the city; 53 provided, however, that muzzleloading rifles using a charge of black powder or 54 black powder equivalent may be used to hunt deer during the open season 55 prescribed therefor by the Department of Game and Inland Fisheries south of the 56 trace of the line described in subsection (a)(1). For purposes of this section, a 57 muzzleloading rifle shall mean a single-shot flintlock or percussion rifle, .45 caliber 58 or larger, firing a single lead projectile or sabot with a .38 caliber or larger 59 nonjacketed lead projectile of the same caliber loaded from the muzzle of the 60 weapon and propelled by at least fifty (50) grains of black powder or black powder 61 equivalent. 62 (d) Notwithstanding any other provisions of this section, it shall be unlawful for any 63 person to discharge any firearm, spring-propelled rifle or pistol, from, on, across or 64 within one hundred fifty (150) yards of any building, dwelling, street, sidewalk, alley, 65 roadway or public land or public place within the city limits. 66 (e) The prohibitions of this section shall not apply to the operation of a shooting event 67 that is sponsored by an organized group, provided, the written approval of the chief 68 of police as to the safety and location of the event is obtained prior to the event. 69 (f) No person shall use a pneumatic gun in the area of the city described in (a) above 70 except (i) at approved shooting ranges or (ii) on or within private property with 71 permission of the owner or legal possessor thereof when conducted with 72 reasonable care to prevent a projectile from crossing the bounds of the property. 73 For purposes of this subsection, "pneumatic gun" means any implement designed 74 as a gun that will expel a BB or a pellet by action of pneumatic pressure, including 75 but not limited to paintball guns. Further, for the purpose of this subsection 76 "reasonable care" means that the pneumatic gun is discharged in a manner so the 77 projectile is contained on the property by a backstop, earthen embankment or 78 fence. The discharge of projectiles across or over the bounds of the property shall 79 create the rebuttable presumption that the use of the pneumatic gun was not 80 conducted with reasonable care and shall constitute a Class 3 misdemeanor. 81 (g) Nothing in this section shall be construed to prohibit the discharge of firearms and 82 other weapons by (1) law enforcement officers; (2) military personnel; or (3) federal, 83 state or local government animal or fowl management agency agents in the city as 84 part of authorized training or in the performance of their duties. 85 86 Iii) The prohibitions set forth in this section shall not apply to the killing of deer 87 pursuant to Virginia Code 29.1-529 on land of at least five (5) acres that is zoned 88 for agricultural use. 89 Q A violation of any provision of this section unless otherwise specified shall 90 constitute a Class 1 misdemeanor. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of January , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CCS-c+, )13 11JeCW6 Police Department City A 1,rney's Office CA14257 R-2 December 28, 2017 50 Item -VIIH.2 ORDINANCES/RESOLUTIONS ITEM#67708 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to REPEAL the City Code Section 23-15 re:Begging on Streets or Beaches Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, 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 Absent: Mayor William D. Sessoms, Jr. January 9, 2018 1 AN ORDINANCE TO REPEAL SECTION 23- 2 15 OF THE CITY CODE PERTAINING TO 3 BEGGING ON STREETS OR BEACHES 4 5 SECTION REPEALED: § 23-15 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 23-15 of the Code of the City of Virginia Beach, Virginia, is hereby 11 repealed: 12 13 . 14 15 -- 16 - - - -- - - - Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of January 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 141,7240 jL� u 1 15. it ono Police Department City 1porney's Offi' : CA14256 R-1 December 19, 2017 51 Item-VH-H.3 ORDINANCES/RESOLUTIONS ITEM#67709 The following individuals registered to speak: Dylan Lloyd, 1552 Hummingbird Lane, Phone: 515-0201, did not respond. Michael S. Davis, 2972 Sand Bend Road, Phone: 846-8968, representing Sandbridge Civic League, spoke in SUPPORT Frank Driscoll, 183 Beverly Way, Phone: 563-0541, spoke in SUPPORT. Charlie Kelly, 3316 Sandfiddler Road, Phone: 355-2233, spoke in SUPPORT. Upon motion by Council Lady Wilson, seconded by Councilman Moss, City Council ADOPTED, Resolution to ALLOW Additional Time for consideration by the Planning Commission for the Proposed Alternative Amendments to the City Zoning Ordinance (CZO) re: Definition, Requirements and Use of Home Sharing and Short Term Rentals Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Al. 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 Absent: Mayor William D. Sessoms,Jr. January 9, 2018 1 A RESOLUTION PROVIDING ADDITIONAL TIME FOR 2 CONSIDERATION BY THE PLANNING COMMISSION OF 3 THE PROPOSED ALTERNATIVE AMENDMENTS TO THE 4 CITY ZONING ORDINANCE PERTAINING TO THE 5 DEFINITION, REQUIREMENTS AND USE OF HOME 6 SHARING AND SHORT TERM RENTALS 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; and 10 11 WHEREAS, on November 7, 2017, City Council referred to the Planning 12 Commission proposed amendments to the City Zoning Ordinance pertaining to the 13 definition, requirements and use of home sharing and short term rentals and requested 14 that the Planning Commission report its recommendation concerning the proposed 15 amendments no later than 40 days after that date; and 16 17 WHEREAS, at its December 13, 2017 meeting the Planning Commission, after 18 hearing extensive public comment, requested additional time so that it could further 19 consider the proposed amendments at its meeting on February 14, 2018. 20 21 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 22 VIRGINIA: 23 24 There is hereby afforded more time to the Planning Commission for its 25 consideration of and recommendation regarding the proposed amendments to the City 26 Zoning Ordinance pertaining to the definition, requirements and use of home sharing and 27 short term rentals. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the Planning Commission be, and hereby is, directed to transmit to the City 33 Council its recommendation concerning the aforesaid amendments no later than forty 34 (40) days after the date of adoption of this resolution. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9th day of January 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: lent ,Jf�_ a�/: .� reviri'%'$"' Tobias Eisenlohr Planning Department City Attorney's Office CA14259/R-2/January 2, 2018 rlGINIABEgc 04 :�, rO r >3 City of Virirzia Beach q :pit B ..Y,;.v _ ._corn JOHN orvwN PHONE'. 1757)200-7005 LCCNGLMAN-DISTRICT 6-BEACH JUHBIN'e VBGOV COM Refer to File No. 0062090 January 9, 2018 Mrs. Amanda Barnes City Clerk's Office Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(11) Dear Mrs. Barnes: 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 providing additional time to the Planning Commission to consider proposed alternative 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 maybe 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. Amanda Barnes -2- January 9, 2018 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, E. Uhrin Councilmember JEU/RRI r_tN1ARF 'ry boa .r 77 t'or City of Viirm,inia 13cach i ,,,"\t'e' CL X81 v tq NFP ROSEMARY WILSON PHONE. (757)422-0733 COUNCIL LADY AT-LARGE FAX'. (757)385-5669 Refer to File No.0062087 January 9, 2018 Mrs. Amanda Barnes City Clerk's Office Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-31 l2(A)(2) and -3115(14), 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 providing additional time to the Planning Commission to consider proposed alternative 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 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Amanda Barnes -2- January 9, 2018 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(H) 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 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, • Rosemary A. Wi son Councilmember RAW/RRI 52 Item -11Il-H.4a ORDINANCES/RESOLUTIONS ITEM#67710 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to APPOINT: a. Amanda Barnes to the Position of City Clerk Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert Al. 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 Absent: Mayor William D. Sessoms, Jr. January 9, 2018 1 A RESOLUTION APPOINTING AMANDA 2 BARNES TO THE POSITION OF CITY CLERK 3 AND SETTING HER COMPENSATION 4 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1. That pursuant to § 3.08 of the City Charter, Amanda Barnes is hereby 9 appointed to the position of City Clerk, effective January 9, 2018. 10 11 2. That the salary of the City Clerk shall be $100,000. 12 13 3. That the City's contribution to the City Clerk's deferred compensation plan 14 shall be $6,000 annually. 15 16 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th 17 day of January , 2018. APPROVED AS TO LEGAL SUFFICIENCY: CityAttorney's CA14260 R-2 January 2, 2018 53 Item -VII-H.46 ORDINANCES/RESOLUTIONS ITEM#67711 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT,Resolution to APPOINT: b. Ronald D.Agnor to the Position of City Real Estate Assessor Voting: 8-1 Council Members Voting Aye. M. Benjamin Davenport, Robert M. Dyer, Barbara Al. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Abstaining: Jessica P. Abbott Council Members Absent: Mayor William D. Sessoms,Jr. January 9, 2018 1 A RESOLUTION APPOINTING RONALD D. 2 AGNOR TO THE POSITION OF CITY REAL 3 ESTATE ASSESSOR AND SETTING HIS 4 COMPENSATION 5 6 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That pursuant to § 8.07 of the City Charter, Ronald D. Agnor is hereby 10 appointed to the position of City Real Estate Assessor, effective January 9, 2018. 11 12 2. That the salary of the City Real Estate Assessor shall be $145,000. 13 14 3. That the City's contribution to the City Real Estate Assessor's deferred 15 compensation plan shall be $6,000 annually. 16 17 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th 18 day of January 2018. APPROVED AS TO LEGAL SUFFICIENCY: —tAttdn Office CA14261 R-1 December 29, 2017 54 Item-VII-H.5 ORDINANCES/RESOLUTIONS ITEM#67712 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $208,375 from the Fire Department's Operating Budget re Staffing for Adequate Fire and Emergency Response (SAFER) Grant Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis K Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. January 9, 2018 1 AN ORDINANCE TO TRANSFER FUNDS RELATED 2 TO THE STAFFING FOR ADEQUATE FIRE AND 3 EMERGENCY RESPONSE (SAFER) GRANT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That$208,375 is hereby transferred from the Fire Department's Operating Budget 9 to the Consolidated Grants Fund to fund personnel costs for the remainder of the Staffing 10 for Adequate Fire and Emergency Response (SAFER) Grant for the applicable grant 11 expenditure period. Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of January 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Luis Asercion -Dana Harmeyer Budget and Management Services City Attorney's Office CA14258 R-1 December 27, 2017 55 Item-VII-H.6(ADD ON) ORDINANCES/RESOLUTIONS ITEM#67713 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance CONFIRMING the Declaration oda Local Emergency due to Winter Storm Grayson Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, 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 Absent.' Mayor William D. Sessoms,Jr. January 9, 2018 1 AN ORDINANCE CONFIRMING THE DECLARATION OF A 2 LOCAL EMERGENCY DUE TO WINTER STORM 3 GRAYSON 4 5 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of 6 emergency management to declare the existence of a local emergency, subject to 7 confirmation by the governing body; 8 9 WHEREAS, in conformity with the Commonwealth of Virginia Emergency 10 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), City Council, by 11 adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency 12 Management and appointed the City Manager as the Director of Emergency 13 Management; 14 15 WHEREAS, in response to the imminent threat of danger posed by Winter Storm 16 Grayson, Governor McAuliffe issued a State Declaration of Emergency on January 3, 17 2018; and 18 19 WHEREAS, in response to the imminent threat of danger posed by Winter Storm 20 Grayson, the City Manager, as the Director of Emergency Management, issued a 21 Declaration of Local Emergency effective January 4, 2018, at 0001 hours. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That, pursuant to Virginia Code § 44-146.21, the City Council hereby confirms 27 the Declaration of Local Emergency issued by the City Manager effective January 4, 28 2018, a copy of which is attached hereto and incorporated by reference; and hereby 29 ends the declared emergency, effective January 9, 2018 at 1200 hours. 30 Adopted by the Council of the City of Virginia Beach on the 9th day of January 2018. APPRO 9 AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: SiSts fee 9424/Walk David L. 'ansen Eliz eth B. DeJarbette City Manager's Office City Attorneys Office CA14262 R-1 January 8, 2018 DECLARATION OF LOCAL EMERGENCY I,the undersigned,as City Manager and Director of Emergency Management for the City of Virginia Beach,find the imminent threat of snow,ice,and winds forecasted and the very real possibly of power outages,along with the loss or interruption of vital City services posed by Winter Storm Grayson to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate any potential damage,loss,hardship or suffering.Therefore,pursuant to Code of Virginia§44-146.21, as amended,I hereby declare the existence of a Local Emergency in the City of Virginia Beach beginning January A018 at 000' hours. In accordance with this Declaration,the Office of Emergency Management and all other appropriate City agencies are hereby vested with,and authorized to catty out,all powers,duties,and functions prescribed by State and local laws,rules,regulations,and plans as may be necessary to adequately and appropriately response to said Local Emergency. sem, David L.Hansen,City Manager& Director of Emergency Management I 3- 241 (Date) 56 Item—VII-I PLANNING ITEM#67774 1. CITY OF VIRGINIA BEACH AMEND CITY ZONING ORDINANCE January 9, 2018 57 Item -VII-I PLANNING ITEM#67715 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Item I (MOSS VERBAL NAY) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John K Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. January 9, 2018 58 Item—V77-LI PLANNING ITEM#67716 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, Ordinance to AMEND Sections 111 and 218 of the City Zoning Ordinance (CZO) re: Definition of Major Retail Venue This Ordinance shall be effective in accordance with Section 107(/) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth day of January, Two Thousand Eighteen. Voting: 9-1 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara Al. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Mayor William D. Sessoms,Jr. January 9, 2018 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 and major retail signs. 33 34 Signage for major entertainment venues and maior 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) Major retail venues shall not be permitted to have electronic display 72 signage. 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 92 (5) The degree to which the proposed signage is integrated into a unified 93 development concept, considering the building design, other signs, 94 landscaping, traffic circulation, and other development features of the 95 property. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of January , 2018 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: urrA bre // .. _ anning De•. ent . City Attorney's Office CA14178/R-4/November 14, 2017 59 ITEM APPOINTMENTS ITEM#67717 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PERSONNEL BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD TRANSITION AREAIITERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION January 9, 2018 60 Item-V/7-J ADJOURNMENT ITEM#67718 Vice Mayor Louis R. Jones DECLARED the City Council ADJOURNED at 6:37 P.M. lklia ^ l anda Barnes,MM City Clerk Louis R.Jones William D. Sessoms,Jr. Vice Mayor Mayor City of Virginia Beach Virginia January 9, 2018 61 OPEN DIALOGUE Robert Olson, 3716 Juniper Lane, Phone: 739-6062. did not respond. ADJOURNED AT 6:37 P.M. January 9, 2018