The URL can be used to link to this page

JANUARY 21, 2020 FORMAL SESSION MINUTES ' �tlA Bzfki. 1.7 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 21, 2020 Mayor Robert M. Dyer called to order the CITY COUNCIL'S BRIEFINGS in in the City Council Conference Room, Tuesday, January 21, 2020, at 2:00 P.M Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones,Aaron R.Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott -Ill John D. Moss —Arrived at 2:10 P.M Rosemary Wilson —Family vacation 2 CITY COUNCIL'S BRIEFINGS CITIZEN SATISFACTION SURVEY RESULTS ITEM#69950 2:01 P.M. Mayor Dyer welcomed Jonathan Hobbs, Co-Acting Director - Budget and Management Services. Mr. Hobbs expressed his appreciation to City Council for their continued support and introduced Loretta Alsop, Manager, Market Analytics — Issues and Answers Network, Inc., to present an overview of the Citizen Satisfaction Survey: IA Bek, .ate 10^'"' Virginia Beach Citizen Satisfaction Survey Highlights January z1,2020 ,ems v Here is the Agenda: Agend . e_ *Background&Objectives y :rsI • ,,,,, *Methodology&Sampling S n+. *Key Findings 7 *Insights by Zip Code 20 January 21, 2020 3 CITY COUNCIL'S BRIEFINGS CITIZEN SATISFACTION SURVEY RESULTS ITEM#69950 (Continued) • Background & Methodology Here is an overview of the Background& Objectives: Background & Objectives * City residents have been surveyed since 1995 to determine satisfaction of City services provided,and to assess how people feel about living in Virginia Beach. ir This survey is designed to meet the following objectives: Understand the perception of the quality of life in the City Quantify the satisfaction of services and programs Gauge perceptions of the City's programs and services ✓Understand the use of City's resources ✓ Determine preferences for information delivery January 21, 2020 4 CITY COUNCIL'S BRIEFINGS CITIZEN SATISFACTION SURVEY RESULTS ITEM#69950 (Continued) Here is an overview of the Methodology& Sampling: Methodology & Sampling *This 2019 Citizens Survey was conducted... • with City residents:io/28/3.9 through 11/2o/29. • With 507 completed interviews. • by telephone—utilizing two types sample: - Listed land lines(24,000 records). - Smart cells(2.5,3oo records). • with each interview lasted+/-26 minutes. * Sample size ensures a 95%confidence level,sampling error of+/-4.3% * To correct for sampling variation and projectability to the population the data are weighted on age * To obtain a representative sample quotas were set by: • Zip Code • Age • Gender Key Findings January 21, 2020 5 CITY COUNCIL'S BRIEFINGS CITIZEN SATISFACTION SURVEY RESULTS ITEM#69950 (Continued) 93%of those surveyed were satisfied with living in the City: Overall Satisfaction is The tradition of high satisfaction from residents continues for Virginia Beach. as 3.3 3.3 Overall Satisfied 94% 93% ✓93%of residents satisfied with living in the City ✓This result is driven by Oceanfront residents at 98% 59% 5 ,,'This result is driven by residents with high school or lower education at 97% 2017(rI=494) xox9 N=Sq) wx.Verydissaasfied x.Oissateled 13-Satisfied r 4-Verysatlsfled Here are the top five (5) City Services ranked above 95%: Satisfaction with City Services * Individual services with the highest satisfaction ratings,95%+ satisfied: "Fire Department,i00%* ✓Public Libraries or accessed library information by computer,98% • Driven by North East.Bayside.Indian Ricer "Paramedic and Rescue Squad services,98% ✓Recreation Centers,96% ✓Parks,95% 2019 Overall Satisfied actual value is 99.546 8 January 21, 2020 6 CITY COUNCIL'S BRIEFINGS CITIZEN SA TISFA CTION SURVEY RES UL TS ITEM#69950 (Continued) Here are the nine (9) City Services ranked between 90 and 94%: Satisfaction with City Services cont'd k Individual services with high satisfaction ratings,go%-94%satisfied: ✓Museums,aquarium,cultural arts •Driven by Oceanfront,Bayside,Princess Anne ✓Horticulture and Agriculture services;includes Dam Neck Rd.Farmers Market •Driven by Landstown,Princess Anne ✓The g-i-iTelephone Center •Driven by Landstown,North East,Bayside,Princess Anne,Kempsville ✓The 3-z-z system where you can call with a question •Driven by North East ✓Overall appearance of the City •Driven by Landstown,North East,Bayside,Princess Anne ✓City efforts to utilize volunteer resources ✓Police Department services ✓City Emergency Management;recover from manmade/natural disasters •Driven by Oceanfront,Bayside,Kempsville,Indian River V Overall appearance of neighborhood Here are the seven (7) City Services ranked below 70%: Satisfaction with Cit Services cont.'� it Individual services with lower satisfaction ratings,less than 7o% satisfied: The flow of traffic in the City • Driven by Kempsville and Indian River ✓City efforts to address recurring flooding&effects of sea level rise • Driven by Princess Anne ✓Services for needy and homeless families • Driven by Chimney Hill and North East ✓Planning and construction of new City roads • Driven by Chimney Hill.North East,Kempsville,Indian River V Planning for residential development • Driven by Oceanfront and Princess Anne ✓Maintenance of existing City roads and bridges • Driven by Chimney Hill and Indian River ✓Mental health and intellectual disability services • Driven by Chimney Hill January 21, 2020 7 CITY COUNCIL'S BRIEFINGS CITIZEN SATISFACTION SURVEY RESULTS ITEM#69950 (Continued) Here are three (3) City Services with a substantial proportion of"Not Sure"responses: Satisfaction with Cit Services cont'd * Service areas where residents report limited contact; garnering a substantial proportion of"Not Sure"responses include: VCity's 3-1-1 system;where you can call with a question VCity's mental health and intellectual disability services ✓Services for needy and homeless families The next two (2) slides provide a comparison in survey results between 2017 and 2019: - Satisfaction with Cit Services cont'-, * Satisfaction ratings remain stable with previous surveys * The observed changes are largely positive * Noteworthy rises in satisfaction from the 2017 survey are on some of the mid-range and lower ranking services: City's efforts to address recurring flooding and effects of sea level rise, 58%( 11%) Planning and construction of new City roads,61% ( 6%) Planning for residential development,68% (-- io%) The opportunity citizens have to share their ideas or opinions before the City makes important decisions,70%( 7%) The City's efforts to communicate and engage residents,76%(- 6%) Job opportunities in Virginia Beach,83% ( 7%) January 21, 2020 8 CITY COUNCIL'S BRIEFINGS CITIZEN SATISFACTION SURVEY RESULTS ITEM#69950 (Continued) • • s Aor * Satisfaction scores intensify from"satisfied"to"very satisfied" V Fire Department services ✓Overall appearance of your ✓Public Libraries neighborhood; ✓Paramedic and Rescue Squad V Courtesy of City employees services ✓Public beaches V Recreation Centers "Trash collection and recycling ✓Parks V Drinking water and waste ✓Horticulture and Agriculture water collection services services ✓The City's public school system V The 9-i-iTelephone Center ✓Job opportunities ✓The 3-3.-i System ✓The condition of the streets in ✓Overall appearance of the City your neighborhood ✓Police Department services V City effort to address recurring ✓The City's Emergency flooding and effects of sea level Management efforts rise * Significant satisfaction drop from the 2017 survey: The City's work with other communities to address issues impacting our region,72%(I 6%) • Here is an overview of Use of City Programs and Services: Use of City Programs and Service• * Virginia Beach residents use City Programs&Services: /More than eight in ten residents have visited City parks(84%) or public beaches(83%) ✓Seven in ten(70%)have visited a museum,aquarium,or attended a cultural arts activity ✓Two-thirds(66%)have visited a public library or accessed information by computer Roughly six in ten(61%)have been to a Recreation Center Just over a half(52%)have contacted the City by phone, internetor in person January 21, 2020 9 CITY COUNCIL'S BRIEFINGS CITIZEN SATISFACTION SURVEY RESULTS ITEM#69950 (Continued) Here is an overview ofInformation Channels: Information Channels * Vast majority(91%)of residents use online services • 73%use the City website(vbgov.com)to get information on City programs,resources,and services * Other information channel resources • 64%useTV news • 62%utilize friends&family * Seven in ten residents, 2o=3(n=484) 7v% 3% (72%)believe that the available information about City services,programs, and issues has about the right level of detail zov7(n=467) go 1.,6 •Not enough detail ▪About the right level of detail ▪Too much detail Here is an overview of Perceptions of Virginia Beach: • * Perceptions of Virginia Beach are positive,over nine in ten residents agree: ✓Virginia Beach is a good place to live ✓Their neighborhood is a safe place to live(7%t from 2o3.7) V Virginia Beach is a safe place to live(8%t from 2017) • They can conveniently access City services Houses in their neighborhoods are well maintained ' More than seven in ten agree: They receive good value for their City tax dollar They know how to inform the City about how they feel on important issues This year residents are markedly more likelyto agree that both the City as a whole and their neighborhoods are safe places to live. Most of the overall perception scores remain consistent with the 2017 survey,the positive attitudes intensified on all metrics except for congested roads Safety in the City overall and individual neighborhoods receive the lowest scores in Oceanfront i6 January 21, 2020 10 CITY COUNCIL'S BRIEFINGS CITIZEN SATISFACTION SURVEY RESULTS ITEM#69950 (Continued) 48% of those surveyed are aware of the City's Comprehensive Plan: awareness of the City's Plan That Guides Decisions Use Growth & Priorities * Just under one-half(48%)of residents are aware of City's comprehensive plan that1111 guides decisions about land use,growth,and community priorities* `E Segments showing higher NO awareness of the plan 5=% include: Residents age 35+(55%) ✓ Residents with at least a college degree(6o%), ✓Caucasian residents(54%) ✓Registered voters(53.%) ✓Residents earning siooK+ (62%) Here are the results for "Support for Including Referendum Question on the Ballot": Support for Including Referendum _ Question on the Ballot le More than seven in ten(72%) residents would be in favor of having a referendum question included on next year's election ballot that would assess the "J support for an additional tax or fees to speed up projects 2. addressing neighborhood .3% flooding problems * Support is highest among the following groups: Female residents(76%) ✓Residents age 18-34(8o%) ✓Residents age 65+(75%) ✓ Residents earning under 52oK(79%) ✓ Residents earning si5oK-si75K(85%) January 21, 2020 11 CITY COUNCIL'S BRIEFINGS CITIZEN SATISFACTION SURVEY RESULTS ITEM#69950 (Continued) Insights by Zip Code The remaining slides provide a graphic of survey results by zip code: Overall Satisfaction with Living in Virginia Beach Zip Code Neighborhood Base Satisfied ass 23450/03459 Oceanfront 38 ,9834. 23452 Chimney Hill 79 go% 23453 Landstown 54 94% CNN, astir, 034503460123466 North East 64 92% v,v" - tssss 23455 Bayside 63 96% s.- 23456/23457 Pnncess Anne 67 94% 23462 Kempsville 66 92% •pro% a3464 Indian River 76 90% Io%.eons -. 89%.85% ��=a«wre::mo<x•q.;9�h<anemry reM<an<ee�<p tee« •86%98% •99%95% •96%.99% ao January 21, 2020 12 CITY COUNCIL'S BRIEFINGS CITIZEN SATISFACTION SURVEY RESULTS ITEM#69950 (Continued) Overall Appearance of Your Neighborhood Zip Code Neighborhood Base - Satisfied 4 n•t•Am 03450/03459 Oceanfront 38 89% l 23452Chimney Hill 78 88% 3SISD �3453 Landstown 54 89% lit 5454/03460/23460 North East 63 89% _7.441k •r 23455 Bayside 63 g3% r�+6 23456/�3457 Princess Anne 67 93% •,w6•8.5 2301 23462 Kempsville 66 89% Saw-9sy6 - 23464 Indian River 76 89% •aa▪ o56 1f67 J`5 Condition of Streets in Your Neighborhood -- 23439 Zip Code Neighborhood Base Satisfied 7f•ss4 23450/23459 Oceanfront 38 83% 11 2Ja5r 23452 Chimney Hill 78 74% MC; �3453 Landstown 54 78% >�6• (2' 23454/23460/.346o North East 64 74% \ 2I•ss Zs•sl _ 23455 Bayside 63 86% 23456/23457 Pnncess Anne 67 8o% \ 23462 Kempsville 66 77% 23456 -0oO 23464 Indian River 75 78% 06 .86x9o96 �-_.."t •9ak_ss% • s. ia •vm%99 January 21, 2020 13 CITY COUNCIL'S BRIEFINGS CITIZEN SATISFACTION SURVEY RESULTS ITEM#69950 (Continued) The Roads I Use in Virginia Beach Are Generall Too Con•ested Zip Code Neighborhood Base Agree U.S 2345xf23459 Oceanfront 37 67% 23.51 23452 Chimney Hill 79 73% 3Hu xaesx 23453 Landstown 54 74% IWO zzrs+ 23454123460i23462 North East 64 78% 29.6 23455 Bayside 63 66% 23456/23457 Princess Anne 67 67% •<ga% 23462 Kempsville 66 Bo% n%-6a% Tz+u 23464 Indian River 75 %. 61%-65% •86%.90% - �J=denotessta956"1Iy5,gnfeantdifferencebeiwee z,p codes ▪ 95% •96%"99% •vw% 33457 t3 My Neighborhood is a Safe Place to Live Zip Code Neighborhood Base Agree 2345./23459 Oceanfront 38 go% 23454 33121, 23452 Chimney Hill 79 96% 23462 0Hgx - l\ 23453 Landstown 54 94% U. zw;a 23454/03460/23462 North East 64 99",` `..,. zaws 23455 Bayside 63 97% 23456/23457 Princess Anne 67 97% •<,04 23e56 pis-6a 6 23462 Kempsville 66 97% a.%-es% 23464 Indian River 76 % •806.go% 9x •9v%"g5% _denotes staeserally sign Kant 0Jhrenrebeneeenaip codes 21456 January 21, 2020 14 CITY COUNCIL'S BRIEFINGS CITIZEN SATISFACTION SURVEY RESULTS ITEM#69950 (Continued) Virginia Beach is a Safe Place to Live Zip Code Neighborhood Base Agree z34s. z345z/z3459 Oceanfront 38 92% xsr1z 1162 e - z345z Chimney Hill 79 95% xa,re z3453 Landetown 54 98% 2946,1 2303 --. z3454/23460/23462 North East 63 94% ' z3455 Bayside 63 97% 23456/23457 Princess Anne 67 96% a`ro% xlrs6 23462 Kempsville 66 99% )0%6o% e1%-e5% 23464 Indian River 76 99% a 86%go% I.9i%95% •g6%-g9% •rw% ]V5. r5 Houses in My Neighborhood Are Well Maintained nen Zip Code Neighborhood Base Agree H zxru z 5 1lsSr z345z Chimney Hill 79 88% �� z*a6x ! z3453 Landstown 54 zls6o t(� 23454/2346o/23462 North East 64. go% 2341 z3455 Bayside 63 95 '` z3456/z3457 Princess Anne 66 zoo • n% z3462 Kempsville 66 gz% MS' eo% z3464 Indian River 79 gz% 81%-85% =demrnsmmtKolNv d bmvemz ttdez •9▪v%.95% •96%.99% •von% 3NST January 21, 2020 15 CITY COUNCIL'S BRIEFINGS CITIZEN SATISFACTION SURVEY RESULTS ITEM#69950 (Continued) Support for Including Referendum Question on the Ballot Zip Code Neighborhood Base Agree r>+w 23452/23459 Oceanfront 36 '7936 At 23452 Chimney Hill 74 73% a•t� 23453 Landstown 5a @A IWO 03454/03460/23461 North East 62 58% IIIM }H59 vs'^' 23455 Bayside 60 7g 23456/23457 Princess Anne 65 7o% •<�aa 23467 Kempsville 62 63% ro%so. l 0)1% 23464 Indian River 74 C3 85%ssss _d��o�n•a.omiy�;9�hro��e6r ttcn..R�:;nad.. 96%9.0 •90 99% SMS> "(L Questions ? Mayor Dyer expressed his appreciation to Mr. Hobbs and Ms. Alsop for the presentation. January 21, 2020 16 CITY COUNCIL'S BRIEFINGS VIRGINIA BEACH AND NORFOLK JOINT LAND USE STUDY ITEM#69951 2:36 P.M. Mayor Dyer welcomed Ben McFarlane, Senior Regional Planner — Hampton Roads Planning District Commission. Mr. McFarlane expressed his appreciation to City Council for their continued support: Hampton Roads Region Norfolk and Virginia Beach Joint Land Use Study Virginia Beach City Council January 21, 2020 Benjamin J. McFarlane,AICP,CFM Senior Regional Planner Hampton Roads Planning District Commission Here is an overview of The Joint Land Use Study(JLUS): The Joint Land Use Study... builds on prior and current efforts to address recurrent flooding by Norfolk, Virginia Beach, the HRPDC, and the Department of the Defense ...brings together the Navy and localities to discuss impact of flooding on Navy operations and readiness ...is a unique opportunity to get official involvement from the Navy and endorsement of local measures that support their mission ...moves the conversation from headlines to analyzing the problem to developing solutions ...tees up the region for potential federal and state assistance for resiliency projects January 21, 2020 17 CITY COUNCIL'S BRIEFINGS VIRGINIA BEACH AND NORFOLK JOINT LAND USE STUDY ITEM#69951 (Continued) Here is an overview of the JLUS Team: Project Administrator d hdh JLUS Partners •r O '4Wi N Project Consultants '1/45 monan n o�cnoi 9a1[are Creek The JLUS focused on resiliency issues with four(4)Navy installations in Norfolk and Virginia Beach, Naval Station Norfolk, Naval Support Activity Hampton Roads,Joint Expeditionary Base Little Creek- Fort Story, and Naval Air Station Oceana: 64* ca 3\ a t" t m� Y t • 1 o_ _ January 21, 2020 18 CITY COUNCIL'S BRIEFINGS VIRGINIA BEACH AND NORFOLK JOINT LAND USE STUDY ITEM#69951 (Continued) Here are the focus questions used in the study: What flood scenarios do we want (I) to focus on? C O What geographic areas are the IMM most important to look at? What is important to the Navy? CD d How can we prioritize recommended actions? Identifying locations and effects of Sea Level Rise and chronic/nuisance flooding in both Norfolk and Virginia Beach were a part of the study: .._[ -:•- „ Flooding , (,,, , \ Y ., ! „ ; a .t a 9ordunauth .4,AA • * ... :6,, 4 :..::,‘,., 4 CRY a .-.. '. ;—4-. ,;;,, 'Ira is. - ,\ ) Chna7 i -N .j ! r• January 21, 2020 19 CITY COUNCIL'S BRIEFINGS VIRGINIA BEACHAND NORFOLK JOINT LAND USE STUDY ITEM#69951 . (Continued) The roads marked in red currently experience chronic flooding, in yellow will be regularly flooded with 1.5'of Sea Level Rise and in light blue will be regularly flooded with 3'of Sea Level Rise. The roads with major concern include Hampton Boulevard, Shore Drive, and East Ocean View: _ -1- ', Transportation and Access �, •tti 'q ..914N, - t -' � /_ ;, Virginia Sawa 11.30t • M n` 1 t,. cnrs,anx. Y'> 10 Nair N Rom.=ai j � . — _�-- Using the flood levels above, this graphic identifies blocked access areas in red, and blocked or indirect access areas in orange(two or more assets) or yellow(less than two assets): Community Assets and Services a ..t‘* ik r (v.- of1,-q-•:•-•• ra •._r •1, >.. '.,'`. .. �� it •.rnara a."e.r•e..w.,ri gym"nano. *war,.r....w�r.r..,mr �vurt°.�`i.°"°..-.:=.v, ...r.r... •e.e..a.e.r. •.e.s..... .-n0..wmor ,6:.'w.....r. ....wring...=7.7...:...... c...r.. E...h..r...,a.r..s+... -.m.r -r..rm. re..wyrr. ='.r.i mrra''-'""0 L -- January 21, 2020 20 CITY COUNCIL'S BRIEFINGS VIRGINIA BEACH AND NORFOLK JOINT LAND USE STUDY ITEM#69951 (Continued) This graphic identifies the Priority Areas: rM, Priority Areas I::.r: -T 0 . . '.,4 I Ill-J-4- __If . ,..... „.„4.4,4:ir):: --.,...\\', ,...,....„,_., J 7,7.‘..:. _..,,,,.....,., ,,,,..4., Ipploet `" .m.. • Pane Comas ,M. --r�a.A*.:' ,.,..� —.._, .^..--lr N.M.."...... p: _ The rankings below are based on values most important for military operations: Turning Values Into Rankings Reduces flood risk along Reliable and a strategic corridor Installation Reduces vulnerability of resilient access Readiness a DOD asset routes for DoD Improves access to DOD personnel. installation Reduces vulnerability of Adequate and community assets DOD q DoD Personnel personnel use well-maintained Readiness Improves access to stormwater community assets management systems. Creates community recreation/health Reliable and opportunities resilient utility networks. Reduces flood risk to community January 21, 2020 21 CITY COUNCIL'S BRIEFINGS VIRGINIA BEACH AND NORFOLK JOINT LAND USE STUDY ITEM#69951 (Continued) Here is an overview of the JL US Recommendations: JLUS Redatimmendations 22 ACTIONS Address challenges in a specific area related to access or community facilities, stormwater,flood risk,etc. REGIONAL Address issues related to 23 and outreach; COORDINATION advocacy policy and development regulations;and STRATEGIES technology and data 7 CONVERSATIONS Require further discussion and exploration to determine if further study is needed Here are the top eight(8)projects identified. Each "Action"was given a score based on four categories to assess its value to the military and the community; installation readiness,personnel readiness, co- benefits, and system performance: Action Action Scare Installations/ * Sites Served Hampton Blvd Comprehensive Flood Mitigation Naval Station Norfolk,NSA 1 and Stormwater Management Strategy 19 Hampton Roads,Lafayette River Annex 2 Shore Drive Comprehensive Flood Mitigation 19 JEB Little Creek-Fort Story and Stormwater Management Strategy 3 JEB Little Creek Gate 1-Amphibious Drive- 18 JEB Little Creek-Fort Story Shore Drive Flooding Study East Amphibious Drive,Chubb Lake,and Lake 4 Bradford Flood Mitigation and Stormwater 17 JEB Little Creek-Fort Story Management Strategy NS Norfolk,NSA Hampton 5 Lafayette River Outer Surge Barrier(USACE) 16 Roads,Lafayette River Annex 6 Dam Neck Gate Flood Impact Study 15 Dam Neck Annex 7 Oceana Blvd/Bells Road Drainage Study 15 Dam Neck Annex 8 Pretty Lake Storm Surge Barrier(USACE) 15 JEB Little Creek-Fort Story January 21, 2020 22 CITY COUNCIL'S BRIEFINGS VIRGINIA BEACH AND NORFOLK JOINT LAND USE STUDY ITEM#69951 (Continued) Recommended Actions lir • 'iv „, _,.;1 w::a -I + r \kr 1 cg:.7•�s .`a_ -y r-..--- =Tr=•�... _ —•= '� •C .----. The next two (2)slides are not included in the recommendations but were included in discussions for other preventive flooding strategies: Model Project Concept: East Amphibious Drive, Chubb Lake, and Lake Bradford Flood Mitigation and Stormwater Management Strategy _ -`'.V V,s . IF- �:ry r �=..•+�..urn•r—t--n� t.r....-- r.... Existing Conditions January 21, 2020 23 CITY COUNCIL'S BRIEFINGS VIRGINIA BEACH AND NORFOLK JOINT LAND USE STUDY ITEM#69951 (Continued) Model Project Concept: East Amphibious Drive, Chubb Lake, and Lake Bradford Flood Mitigation and Stormwater Management Strategy r.; { +n•s +f SSA ,R6 L `vc' Potential Pumping Strategy and Locations Here is an overview of Public Meetings and Comments that took place following the conclusion of the study: Public Meetings and Comments • 2 meetings — Norfolk @ Ted Constant Center • 33 attendees (21 non-staff) — Virginia Beach @ Sandler Center • 42 attendees (30 non-staff) • 6 public comments — Flooding, green infrastructure, funding • Other issues — Minor technical corrections based on local staff comments — Airport discussed in "Other Issues" appendix January 21, 2020 24 CITY COUNCIL'S BRIEFINGS VIRGINL4 BEACH AND NORFOLK JOINT LAND USE STUDY ITEM#69951 (Continued) Here are the JLUS Next Steps: .LUS Next Steps • Resolution of Support • Implementation Grants - 10% non-federal match — Up to 30% design — No construction Mayor Dyer expressed his appreciation to Mr.McFarlane for the presentation. January 21, 2020 25 CITY COUNCIL'S BRIEFINGS MINORITY BUSINESS COUNCIL ANNUAL REPORT ITEM#69952 2:59 P.M. Mayor Dyer welcomed Sheila Johnson, Chair—Minority Business Council. Ms. Johnson expressed her appreciation to City Council for their continued support: Minority Business Council ANNUAL REPORT-FISCAL YEAR 2019 JANUARY 21,2020 The next two (2)slides provide Minority Business Council(MBC) events held each month in 2019: MBC Annual Report 2019 Calendar of Events January-Presentations on the VB Sports Center JANUARY ► MEB Construction and ESM 1 2 3 February-Virginia Beach City Public Schools 4 5 6 ► 2019 Legislative Agenda,Accreditation and 11 12 8 9 10 Second Language Programs 13 14 15 16 17 IP March-Virginia Department of Transportation _ 19 20 21 22 23 24 ► Business Opportunity and Workforce Development 26 27 28 29 30 Center 31 March-BBC Research&Consulting ► Disparity Study Presentation April-Virginia Beach Police Department ► 'Something In The Water'Festival April-Annual Contractors Roundtable(Spring Event) January 21, 2020 26 CITY COUNCIL'S BRIEFINGS MINORITY BUSINESS COUNCIL ANNUAL REPORT ITEM#69952 (Continued) MBC Annual Report 2019 Calendar of Events (continued) May-Virginia Beach City Public Schools JANUARY ► Purchasing Department-SWaM Business " �' M+. Expenditures 1 2 $ June-MBC Retreat 4 5 6 7 6 9 10 ► Accomplishments and Goal Setting 11 12 13 14 15 16 17 July and August-No Meetings Held 18 19 23 24 September-Hispanic Chamber of Commerce of 26 27 pg Coastal Virginia Z9 30 31 ► Chamber reorganization - October-The Franklin Johnston Group ► Affordable Housing November-Annual Conference and Expo December-No Meeting Held Here is an overview of MBC's 2019 Accomplishments: MBC Annual Report 2019 Accomplishments Disparity study" Improved reporting tools' Increased social media presence New ERP Outreach and Awareness Data collection Support and/or recommend City programs Supplier Sourcing and ordinances Develop partnership with business chambers Economic Development Workshop Series Small business resource VB Small Business Institute Industry ho Bond •Iver Program* Spring even .. •. no nhan ent •m` Ex..x .. - - e iiii Represe • o •rds an L Ali 11111:: • nditure Proc Sub-c• Jil 1 i • A. 14. • IP i 'Lit ,� 2020 Cens LS I/i, January 21, 2020 27 CITY COUNCIL'S BRIEFINGS MINORITY BUSINESS COUNCIL ANNUAL REPORT ITEM#69952 (Continued) Here are the MBC's 2020 Goals: MBC Annual Report 2020 Goals Disparity Study Committee Goals Review and implement Data and Analysis recommendations Sheltered Bidding Ordinance Minority Awareness Small Business Insurance ► Outreach Requirements . Policy eProcurement System Ensure SWaM businesses register Supplier Solicitation Sourcing Reporting capabilities Here is an overview of the Contractors Roundtable held on April 3, 2019: MBC Annual Report 2019 Spring Event- Contractors Roundtable April 3,2019•Advanced Technology Genteel pm-4pm Attendees=110 Hampton Roads Bridge Tunnel Expansion Project(HRBT Expansion Project) . Representatives from VDOT . Representatives from HR Connector Partners Subcontracting opportunities for DBE and SWaM businesses ▪ Panel Discussion s Resource Partners ClarkNexsen • Lane Construction , Construction Bonds,Inc. Dragados • MEB General Contractors , Deportment of Small Business and Supplier Diversity Hourigan Construction . Penonni . Towne Bank Lane Construction . SB Ballard • Virginia Community Capital January 21, 2020 28 CITY COUNCIL'S BRIEFINGS MINORITY BUSINESS COUNCIL ANNUAL REPORT ITEM#69952 (Continued) Here is an overview of the 21'Conference and Expo held on November 7, 2019: 1110 MBC Annual Report 't • 2019 Conference and Expo GROWTH AND STRENGTH THRO ► Guest speakers DIVERSITY AND INGENUITY ► Robby Wells and Darla Vaughn ► i am OTHER THURSDAY,NOVEMBER 7^r ► iSupplier Portal s.w►w-o�e►r ► Vendor registration ► Small Business Awards ► Resource Partners/Exhibitors is Small Business of the Year ► Total of 60 is Land and Coates • indvdee City departments is Woman-owned Business of the Year Is Attendees ► Jo-Kell ► Total of 556 ► Minority-owned Business of the Year • k+crodng resource PannenrexniMo" ► RGH Supplies ► Service-disabled Veteran-owned Business of the Year is Tactical&Survival Specialties Here are the MBC Members and Associates: MBC Annual Report MBC Members and Associates Members Sheila Johnson,Chair Olga Torres,Vice Chair t. Kelvin Arthur,Financial Counselor 4 fir ► Frances Thompson,Secretarial Officer " w �t ' a nor Harshad Barot,Member Francine Harrison,Member - Ed Hopper,Member Ron Lewis,Member x _ a --*ir** Colleen Nabhan,Member Clarence Neely,Member Damen Watson,Member111 Associates City Council Liaisons r Rhonda Alexander Councilmon Jones - ,"••s ---- - CupriceAnthony-Cox Councilrnan Rouse IAA I Kristine Caalim Jaketa Clark Calherbe Monet •"'_-""".,e'""""".,"""m"„"""°`.""' Mayor Dyer expressed his appreciation to Ms. Johnson for the presentation. January 21, 2020 29 CITY MANAGER'S BRIEFINGS DISPARITY STUDY UPDATE ITEM#69953 3:22 P.M. Mayor Dyer welcomed Alice Kelly, Director — Finance. Ms. Kelly expressed her appreciation to City Council for their continued support: VaJVirginia Beach rt '�' 4?� `' NSA, `; AWARDS AND EXPENDITURES TO / MINORITY, WOMEN AND SERVICE •tvInct' s DISABLED VETERAN-OWNED BUSINESSES t FISCAL YEAR 2019 ANNUAL REPORT January 21,2020 s d Aro • SELECTED CITY PROGRAMS { u( OUTREACH EFFORTS FY2019 FY2019 AWARDS REPORT FY2019 SPEND DISPARITY STUDY RECOMMENDATIONS / AND NEXT STEPS r January 21, 2020 30 CITY MANAGER'S BRIEFING DISPARITY STUDY UPDATE ITEM#69953 (Continued) ( -NB CITY PROGRAMS Through the Procurement Opportunity Committee, ten (10) businesses were awarded contracts with the City totaling$3.7-Million: CITY PROGRAMS PROCUREMENT OPPORTUNITY COMMITTEE • Formed to assist small businesses in preparing for success when seeking City contracts. • Coaching,mentoring,outreach,and education. • Provides a platform that'introduces'small businesses to Department Representatives,Purchasing Staff,and the SWaM Business Development Manager. Procurement Opportunity Committee-Progress Report FY2019 Market Sector Award Amount Number of Businesses'SW M Status Note Adrmising and Markavg SI5?3.213 29 RBE A aMH coutat though REP Architeuonl Sermes S15_06.00 MBE CcgANclion _SI,725,217.35 MBE Ircludes two12_)a®t®ISONIC.contract Couwlting Services �.._. S8500.00 -.-..-..- EBE Indust-al Sumba SS 201.34 \BE Icf_tko,Technology _ SER,040.00 \BI, Contract awerd Lands 1 Service S3.633 F4 MBE Plummmukal Senica S36v.639.75 \IBP. _ Annul 6Gsicef umtrdcl Phnobieg and heating S34,E44.17 MBE Various R£Qawards Torch 53,743,855.79 Is January 21, 2020 31 CITY MANAGER'S BRIEFING DISPARITY STUDY UPDATE ITEM#69953 (Continued) Since the inception of the Procurement Opportunity Committee, twenty-two (22)small businesses were awarded contracts with the City totaling$8.3-Million: CITY PROGRAMS PROCUREMENT OPPORTUNITY COMMITTEE • Since the inception 22 small businesses have received over$8.3 million in city contract awards.Examples of companies include: • Collaboration • Information Technology;Minority&Woman-owned • Townsend Media • Advertising and Media;Woman-owned • L4 Enterprises • Construction;Minority-owned • TST Roofing • Construction;Minority-owned • Received the"Outstanding Achievement in Local Government Innovation". • From the Alliance for Innovation in April 2017 • Interest from other localities • City of Alexandria,VA • County of North Charleston Here is an overview of Other City Programs aimed at assisting business owners in doing business with and in the City: OTHER CITY PROGRAMS BOND WAIVER PROGRAM • Five approved bond waiver projects with a total award amount of S 1.4 million in FY2019. SMALL BUSINESS ENHANCEMENT PROGRAM • Requires prime contractor to subcontract 50%of the subcontracted work to SWaM-certified businesses VIRGINIA BEACH SMALL BUSINESS INSTITUTE-VB SBI • 27 small business participants representing the following industries; • Food Service,Construction,Consulting,Event Planning,Fabrication/Manufacturing, Health and Fitness,IT Services,Marketing,Personal Care Services,Real Estate, Security Services,and Sports Management Is Your Business Ready Taking Your Sustaining and Doing Business To Do Business? Business Idea to Growing You WITH and IN the the Market-and Business(So It City to the Bank Continues To Win) January 21, 2020 32 CITY MANAGER'S BRIEFING DISPARITY STUDY UPDATE ITEM#69953 (Continued) • FY2019 OUTREACH EFFORTS Ms. Kelly turned the presentation over to Lavera Tolentino, Minority Business Coordinator—Finance, to provide an overview of FY2019 Outreach Efforts: FY2019 OUTREACH EFFORTS OUTREACH EFFORTS • Carolinas Virginia Minority Supplier Development Council •Business Opportunity Conference • City of Virginia Beach Small Business Resource Center located inside '" r the Meyera E.Oberndorf Library • Collaboration with Hampton Roads Business Chambers and Associations • Collaboration with Economic Development - •SNaM Business Forum ``' •Small Business Workshop Series r�; • Ferguson Enterprises i • Construction of HQ3 Building • Hampton Roads Bridge Tunnel Expansion Project - •HR Connector Partners-Prime Contractor MgrreE.oo.,.aarfLdrrer, • Virginia Department of Transportation s January 21, 2020 33 CITY MANAGER'S BRIEFING DISPARITY STUDY UPDATE ITEM#69953 (Continued) FY2019 OUTREACH EFFORTS OUTREACH EFFORTS • MBC Conference and Expo• MBC Spring Contractors Roundtable —_--•=` • National Minority Supplier Development Council(2S MSDC) • Old Dominion University • Small Business Resource Day • Partnership with the Department of Small Business and Supplier • Representative in Purchasing Office r a • Scaling far Growth Fragrant 1•• j • Procurement Opportunity Committee . • Project Information Sessions t �- -s t j,.( St • Small Business Debrief Sessions • Virginia Beach Small Business Institute Ms. Tolentino turned the presentation over to Rebecca Kee, Purchasing Agent—Finance, to provide an overview of FY2019 Awards: FY2019 AWARDS January 21, 2020 34 CITY MANAGER'S BRIEFING DISPARITY STUDY UPDATE ITEM#69953 (Continued) As a result of the Disparity Study, award data is now being better tracked: FY2019 AWARDS, BY CONTRACT TYPE Minority Business Enterprise—MBE's MBEs received over$28m in contract awards in FY2019 DOLLARS AWARDED TO MBE FIRMS BY CONTRACT TYPE TOTAL DOLLARS $28,855,970 5.8% Goods&Services $3,863,916 5.2% Professional Services $5,401,364 13.0% Architecture&Engineering $8,418,596 6.2% Construction $11,172,094 4.6% Here are the FY2019 Awards, By Contract Type: FY2019 AWARDS, BY CONTRACT TYPE Women Business Enterprise—W BE's WBEs received over$28M in contract awards in FY2019 DOLLARS AWARDED TO WBE FIRMS BY CONTRACT TYPE TOTAL DOLLARS $28,590,774 5.8% Goods&Services $8,055,431 10.7% Professional Services $814,269 2.0% Architecture&Engineering $1,197,227 0.9% Construction $18,523,848 7.6% January 21, 2020 35 CITY MANAGER'S BRIEFING DISPARITY STUDY UPDATE ITEM#69953 (Continued) Here are the FY2019 Awards, Overall: FY2019 AWARDS, OVERALL Minority and Women Business Enterprise M/WBEs received over$57M in contract awards In FY2019,or 11.6%of total FY2019 awards TOTAL AWARD DOLLARS DOLLARS AWARDED TO M/WBE $496,088,268 FIRMS BY CONTRACT TYPE Minority-owned $28,855,970 TOTAL DOLLARS $57,446,744 11.6% Woman-owned $28,590,774 Goods&Services $11,919,347 15.9% TOTAL M/WBE $57,446,744 Professional Services$6,215,633 14.9% Architecture& $9,615,822 7.1% ao Engineering Ma jority-owned $438,018,064 Construction $29,695,942 12.2% Here are the FY2019 Awards, By Race/Ethnicity and Gender: FY2019 AWARDS, BY RACE/ETHNICITY AND GENDER M/WBEs received over$57M in awards in FY2019 AWARDS TO M/WBEs M/WBE DOLLARS BY RACE/ETHNICITY AND BY RACE/ETHNICITY AND GENDER GENDER Black American $3,447,864 6.0% Hispanic American $8,074,131 74.1% Native American $16.307 0.03% Asian American $3,785,332 6.6% Unknown Minority $13,538,335 23.6% Non-Hispanic White Womon $28,591 774 49.8% TOTAL TO M/WBEs $57,446,744 Native Arn,,e- !♦Asia,Amer,rrt Unknown N'i-c=:, ■Ncn-Hispanic White Womala January 21, 2020 36 CITY MANAGER'S BRIEFING DISPARITY STUDY UPDATE ITEM#69953 (Continued) Here is an overview of FY2019 Awards, By Firm: FY2019 AWARDS, BY FIRM 9 MBEs account for 75.6%of FY2019 dollars awarded to MBEs 13 WBEs accounted for 73.2%of FY2019 dollars awarded to WBEs FIRMS RECEIVING 75%OF M/WBE AWARD DOLLARS MBE Firms WBE Firms TRIDENT CIVIL $5,731 795 I8.8% TETRA TECH INC $6,549,597 24.2% TFC RECYCLING $3,132,434 10.3% DEANGELO BROTHERS TIC 54.954.51Y 17.6% LYNNHAVEN MARINE&DOCK,INC S2.746.225 9.0% SHI/SOFTWARE HOUSE INTL $2,131.890 7.9% RIESSECK CONTRACTING,INC $2.007,350 6,6% IMAGE BUSINESS INTERIORS LIC$1,727,890 6.4% SHAW CONSTRUCTION CORP $1,679,176 5.5% OCEAN DRYWALL $1,400,000 5.9% MARINE COMPACTING CORP $1962,316 5.1% ACHIEVE I SIC $1,122,012 4.1% BAH CONCRETE $1,070,000 3.5% 3.3% WORKPLACE SOLUTIONS INC $898,339 2.0% I4 DIGGP ENTERPRISES HAULING $887,112$ , $774,296 2.5% L4 SK STEEL INC. 30 3.3% SPRINKLUFFOLK UTILITY CONSTRUCTION MARK STEEL $830,000 3.1% SPRINKLE MASONRY $I70,000 2.5% $680,352 2.2% LarO<sl firms MBE Dollars $20.505,020 79.6% ERZB ASSOCIATES HOMELAND CONTRACTING CORP $664,657 212% CONTRACTING SOLUTIONS INC $639,414 2.1% Total MBE Awarded $28,855,970 100% La0es4 Hens WBE Dollars $22.294.050 73.2% Total WEE Awarded $28,5E0,714 100% IS V3 FY2019 SPEND January 21, 2020 37 CITY MANAGER'S BRIEFING DISPARITY STUDY UPDATE ITEM#69953 (Continued) Here is an overview of FY2019 Spend, By Contract Type: FY2019 SPEND, BY CONTRACT TYPE Minority Business Enterprise MBEs received over$20M in payments in FY2019 DOLLARS PAID TO MBE FIRMS BY CONTRACT TYPE TOTAL DOLLARS $20,829,023 4.0% Goods&Services $2,134,594 2.2% Professional Services $14,688,738 20.2% Architecture&Engineering $388,540 0.5% Construction $3,617,151 1.4% FY2019 SPEND, BY CONTRACT TYPE Women Business Enterprise WBEs received over$28M payments in FY2019 DOLLARS PAID TO WBE FIRMS BY CONTRACT TYPE TOTAL DOLLARS $28,065,435 5.4% Goods&Services $14,393,969 14.9% Professional Services $734,936 1.0% Architecture&Engineering $4,052,357 4.9% Construction $8,884,173 3.3% 19 January 21, 2020 38 CITY MANAGER'S BRIEFING DISPARITY STUDY UPDATE ITEM#69953 (Continued) FY2019 SPEND, BY CONTRACT TYPE M/WBEs received over$48M In payments M/WBEs received over$16M In Goods&Services in FY2019,or 9.5%of total FY2019 payment payments In FY2019. TOTAL PAYMENTS DOLLARS PAID TO M/WBE FIRMS BY $516,693,159 CONTRACT TYPE Minority-owned $20,829,023 TOTAL DOLLARS $48,894,458 9.5% Woman-owned $28,065,435 Goods&Services $16,528,563 17.1% TOTAL M/WBE $48,894,458 Professional Services $15,423,674 21.2% Architecture&Engineering $4,440,897 5.4% Construction $12,501,324 4.7% Majority-owned $466,261,675 .«.n.ma,rte brom ne..n/ws[.w,m,m..u.,,.,mnu rc�uee.mw.enmm wxmv.nan« ,9 Here is FY2019 Spend, By Race/Ethnicity and Gender: FY2019 SPEND, BY RACE/ETHNICITY AND GENDERM/WBEs received over$48M in payments in FY2019: PAYMENTS TO M/WBEs WBEs received the majority of those payments BY RACE/ETHNICITY AND GENDER M/WBE DOLLARS BY RACE/ETHNICITY AND GENDER Black American $3,524.465 7.2% Hispanic American $2,212415 4.5% Native American $807.194 1.7% Asian American $10.997.849 23.7% Unknown Minority $3,287.100 6.7% Non-Hispanic White Woman $28,065.435 54.7% ::.. TOTAL TO M/WBEs $48,894,458 January 21, 2020 39 CITY MANAGER'S BRIEFING DISPARITY STUDY UPDATE ITEM#69953 (Continued) Here is the FY2019 Spend,By Firm: FY2019 SPEND, BY FIRM 7 MBEs account for 74.4%of FY2019 payments to MBEs 14 WBEs accounted for 74.7%of FY2019 payments to WBEs FIRMS RECEIVING 75%OF M/WBE PAYMENTS SOFTWARE HOUSE INTERNATIONAL $5,845,242 28.1% TOWNSEND MEDIA INC $3.955629 14.1% ARVON VIRGINIA LLC $4,980,852 23.9% TIC RECYCLING $3,396,821 12.1% SLAIT CONSULTING LLC $1,136,391 5.5% REW CORP $3,240,602 11,5% ACHIEVE LLC $1,122.012 54/, IMAGE BUSINESS INTERIORS LLC $1,725,673 6.1% 14 ENTERPRISES INC $977,563 47% HIGHWAY ELECTRIC INC $1,459,158 5.2% FACILITY SUPPORT SERVICES LLC $749.225 3.6% AGGREGATE TRANSPORTATION $1,191,923 4.2% RICKS CONCRETE INC SALMONS INC $1 ,496 3.6% $685,395 3.3% ADAMSON INDUSTRIES $997430 3.6% TOTAL MBE DOLLARS $15,496,680 74.4% ALPHA CORP $774,756 2.8% MOSLEY GENERAL CONTRACT $663,724 2.4% MARITIME LAWN CARE INC $659,366 2.3% BLUE RIDGE RESCUE SUPPLIERS $630,220 2,2% MID-ATLANTIC TECHNOLOGY $577,884 2.1% SAUNDERS FENCE CO E527,193 1 9% TOTAL WRE DOLLARS $20,956,575 74.7% FY2019 AWARDS AND PAYMENTS SERVICE-DISABLED VETERAN-OWNED BUSINESSES January 21, 2020 40 CITY MANAGER'S BRIEFING DISPARITY STUDY UPDATE ITEM#69953 (Continued) In FY2019, Service-Disabled Veteran-Owned Firms received more than $600,000 in awards and over $1.5-Million in payments: FY2019 AWARDS AND PAYMENTS SERVICE- DISABLED VETERAN-OWNED FIRMS SDVBEs received more than$600,000 In awards and more than$1.5M in payments In FY2019 FY2019 AWARDS AND PAYMENTS TO SERVICE-DISABLED VETERAN FIRMS AWARDS PAYMENTS Goods&Services $293,775 0.4% $536,046 0.6% Professional Services $325,946 0.8% $997,821 1.4% Architecture&Engineering $0 0.0% $0 0.0% Construction $3,739 0.0% $3,159 0.0% TOTAL $623,460 0.1% $1,532,026 0.3% 23 The next three(3)slides provide an implementation status on the Disparity Study Recommendations: Disparity Study Recommendations OVERALL ANNUAL ASPIRATIONAL GOAL Study identified revised aspirational goals Resolution was passed to adjust aspirational goal for Minority-owned businesses to 12% All contract templates and other relevant documentation has been updated to reflect the new goal Procurement Training is held quarterly,and requirements to follow city policies to reach goals are emphasized SWAM OFFICE Study reco mended a dedicated office to implement SWaM program and monitor participation The Purchasing Division has a three-person operation that concentrates only on SWaM programs and supporting the Minority Business Council Bi-weekly meetings are held to discuss initiatives and implementation of disparity study recommendations Economic Development and Purchasing work consistently on programming events to positively impact SWaM-certified businesses;as evidenced with recognition as the 2019 recipient of the Public Agency of the Year by the Carolinas-Virginia Minority Supplier Development Council DATA COLLECTION Study recommended improved data collection ERP—improved data collection Implementation is underway for new ERP Financial system that will improve data collection,improve access for vendors to obtain solicitation and increase the ability to target solicitations to vendors Expected go live date.July 1,2020 24 January 21, 2020 41 CITY MANAGER'S BRIEFING DISPARITY STUDY UPDATE ITEM#69953 (Continued) Disparity Study Recommendations GROWTH MONITORING Study identified the need to collect data on impact of SWaM programs The City of Virginia Beach has 627 certified SWaM businesses Economic Development and Purchasing collaborate to entice SWaM businesses to consider locating in Virginia Beach as evidenced through the bidders application The City of Virginia Beach has an MOU with the Commonwealth of Virginia's Department of Small Business and Supplier Diversity which allows immediate access to SWaM data BUSINESS CERTIFICATION Study recommended the City research a certification program City has a self-certification process for those businesses who have not yet been able to obtain a SWaM certification through the Commonwealth A representative of the Commonwealth's SBSD is housed within the Purchasing Division to facilitate collaboration to the benefit of SWaM businesses In addition,the City recognizes various certification programs to evaluate and attract SWaM businesses SUBCONTRACT OPPORTUNITIES Study identified need for guess to opportunities for small and diverse businesses The City facilitates outreach events(project information sessions)for large projects in the Hampton Roads area The City currently has a small business enhancement program The City encourages participation by SWaM businesses in pre-bid/pre-proposal conferences as an opportunity to identify potential subcontracting opportunities on City projects 25 Disparity Study Recommendations CONTRACT GOALS Study identified the need for individual contract goals The use of race-and gender-conscious measures for contract goals is still being researched The City's Bond Waiver program UNBUNDLING LARGE CONTRACTS Study recommended unbundling The City reviews large contracts to determine if multiple smaller contracts are feasible PROMPT PAYMENT Study recommended reinforcing prompt payment policies ACH Payments(direct payments to vendors)-intensive project undertaken by ACH vendor this yea' to increase usage ACH instructions are provided to vendors in procurement documents New ERP system will provide additional enhancements Highlighted Items Recently Completed 26 January 21, 2020 42 CITY MANAGER'S BRIEFING DISPARITY STUDY UPDATE ITEM#69953 (Continued) Ms. Kee turned the presentation over to Ms. Kelly to provide the Next Steps: NEXT STEPS COMPLETED • Implement ERP • Aspirational Goal • Improve sourcing of solicitations • Adjusted for minority- • Vendor Self Service Portal owned businesses to 12% • MEC Expo;75 suppliers pre-registered • Prompt Payment • April2020 Spring Event • • Supplier registration will take place ACH Payments • Improved Data Collection • With New ERP • Construction • Pursue more bond waiver projects • Continue unbundling large contracts • Continue with the Small Business Enhancement Program • Sheltered Bidding QUESTIONS Mayor Dyer expressed his appreciation to Ms. Kelly, Ms. Tolentino and Rebecca Kee for the presentation. January 21, 2020 43 CITY COUNCIL COMMENTS ITEM#69954 4:01 P.M. Council Member Moss requested to have an update on the Supreme Court Case involving the Arena. January 21, 2020 44 CITY COUNCIL COMMENTS ITEM#69955 (Continued) Council Member Moss reminded City Council concerning Mayor Dyer's intent to provide up front budgetary guidance prior to the budget cycle beginning. January 21, 2020 45 CITY COUNCIL COMMENTS ITEM#69956 (Continued) Council Member Moss advised he would like to have a discussion scheduled concerning Council Member Abbott's proposed District Voting Referendum Resolution, to decide as a body if the Referendum will move forward. January 21, 2020 46 CITY COUNCIL COMMENTS ITEM#69957 (Continued) Council Member Moss advised there were budgetary concerns regarding the proposed implementation of a six-week family leave policy and stated the Federal Government was able to implement a twelve-week family leave policy without a labor increase cost. Council Member Moss advised he believes the City can implement at least a six-week family leave policy and would like to get in line with the national trend. January 21, 2020 47 CITY COUNCIL COMMENTS ITEM#69958 (Continued) Council Member Moss advised he would like t4 have a discussion during the next City Council Retreat on ways to better invest in the City's workforce and career development. January 21, 2020 48 CITY COUNCIL COMMENTS ITEM#69959 (Continued) Council Member Moss suggested updating the City's Five-Year Forecast Revenue Projection to ensure a portion of the additional growth and revenue is available for other City Council initiatives that have not yet been discussed. January 21, 2020 49 CITY COUNCIL COMMENTS ITEM#69960 (Continued) Council Member Moss does not believe the flooding model is being used to its full potential to show the City's level of compliance which would assist in justification for floodingprojectfunding. Council Member Moss advised the City has invested in studies and the information and science are not being maximized to give the City a fair return on its investment. January 21, 2020 50 CITY COUNCIL COMMENTS ITEM#69961 (Continued) Council Member Moss advised at a recent Town Hall meeting he held, citizens overwhelmingly supported the flood bond referendum and expressed opposition to raising taxes to fund flood projects. Council Member Moss advised he will hold his next Town Hall meeting on January 22nd, at 6:30 P.M, at Bow Creek Recreation Center. January 21, 2020 51 CITY COUNCIL COMMENTS ITEM#69962 (Continued) Council Member Moss advised the City is holding a vacancy rate of 452 positions each pay period totaling approximately$25-Million annually and suggested City Council discuss that revenue and ways to close the manpower gap. January 21, 2020 52 CITY COUNCIL COMMENTS ITEM#69963 (Continued) Vice Mayor Wood advised the Board of Building Code Appeals has had difficulty in meeting the membership requirements and functionality as the Ordinance for the Board has not been updated since 1986. Vice Mayor Wood advised he is working with the City Attorney and City Clerk to update the requirements to be in line with other Virginia localities and will present the proposed Ordinance to City Council for review. January 21, 2020 53 CITY COUNCIL COMMENTS ITEM#69964 (Continued) Mayor Dyer advised he and Vice Mayor Wood met with the newest delegates in Richmond recently and looks forward to working collaboratively to improve the City. January 21, 2020 54 CITY COUNCIL COMMENTS ITEM#69965 (Continued) Council Member Berlucchi advised he will host a Community Conversation on February 6th, at 6:00 P.M at Bow Creek Recreation Center to discuss the upcoming budget, City Manager search, mental health services and public safety. January 21, 2020 • 55 AGENDA REVIEW SESSION ITEM#69966 4:10 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: L. ORDINANCES 1. Ordinance to GRANT a Non-Exclusive Franchise Agreement to SQF, LLC re install,maintain, and operate Telecommunication Facilities in the public streets and rights-of-way 2. Ordinance to DECLARE Excess Restrictive Easements over City Property located at 3340 North Landing Road and 2801 Two Farms Lane in the Interfacility Traffic Area (ITA)and AUTHORIZE the City Manager to sell same to the United States of America 3. Ordinance to ADD Section 6-2.1 to the City Code re prohibit tents, shelters, or structures on the beach between 8:00 P.M.—8:00 A.M. (Deferred from December 10, 2019) 4. Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes(Deferred from December 10, 2019): a. DC Art Institute of Virginia Beach, LLC b. DC South University of Virginia, LLC c. In Home Health, LLC 5. Ordinance to ACCEPT and APPROPRIATE$125,000 from the Virginia Tourism Authority to the FY2019-20 Economic Development Operating Budget and AUTHORIZE a$125,000 Grant to the Virginia Sports Hall of Fame re promote tourism in Hampton Roads L. ORDINANCES: ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4a WILL BE CONSIDERED FOR DEFERRAL TO FEBRUARY 4, 2020 ITEM#4b WILL BE CONSIDERED FOR DEFERRAL TO FEBRUARY 4,2020 ITEM#4c WILL BE CONSIDERED FOR DEFERRAL TO FEBRUARY 4, 2020 January 21, 2020 56 AGENDA REVIEW SESSION ITEM#69966 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: M. PLANNING 1. OCEAN RENTAL PROPERTIES, LLC for a Variance to Section 4.4(a,d) of the Subdivision Regulations re access to a public street and lot width at 5568 Shell Road DISTRICT 2 — KEMPSVILLE 2. HANNAH & HAMILTON GUBANC for a Street Closure re 2,176 square foot portion of an unimproved right-of-way adjacent to 770 Woodstock Road DISTRICT 2—KEMPSVILLE 3. VAB 23id STREET, LLC for a Special Exception of Alternative Compliance to the Oceanfront Resort District Form-Based Code re commercial parking lot at 305, 309, and 311 23rd Street DISTRICT 6—BEACH 4. BAILLIO SAND COMPANY, INC.!ROBERT W. WHITE JR. & ROBERT W. WHITE SR. FAMILY TRUST for a Modification of Conditions re borrow pit at the West side of Princess Anne Lane and Princess Anne Road DISTRICT 7—PRINCESS ANNE 5. BACK BAY WILDFOWL GUILD TM ATLANTIC WILDFOWL HERITAGE MUSEUM/CITY OF VIRGINL4 BEACH for a Conditional Use Permit re assembly use and a Modification of Conditions re open air market at 1113 Atlantic Avenue DISTRICT 6—BEACH 6. KIM SMITH/FOURTEEN FORTY,LLC for a Conditional Use Permit re tattoo parlor at 1440 North Great Neck Road, Suite D DISTRICT 5—LYNNHAVEN 7. NOUREDDINE HOUSSNI/NEWTOWN THURSTON, LLC for a Conditional Use Permit re automotive repair garage at 5900 Thurston Avenue, Suite G DISTRICT 4—BAYSIDE 8. CHRISTOPHER J. OCAMPO/MARY HOLDEN for a Conditional Use Permit re automotive repair garage at 2505 Horse Pasture Road, Suite 101 DISTRICT 3—ROSE HALL 9. GREG MCMAKIN/MILLS COLLINS,LC for a Conditional Use Permit re bulk storage yard at 4145 Virginia Beach Boulevard DISTRICT 5—LYNNHAVEN. 10. JOHN H. DAVIS for a Conditional Use Permit re short-term rental at 1434 Gannet Run DISTRICT 6—BEACH 11. JOSHUA LIPPOLDT for a Conditional Use Permit re short-term rental at 2508 Mediterranean Avenue DISTRICT 6—BEACH January 21, 2020 57 AGENDA REVIEW SESSION ITEM#69966 (Continued) 12. SCOTT& HEATHER KOEHLER for a Conditional Use Permit re short-term rental at 2513 Beaufort Avenue DISTRICT 4—BAYSIDE 13. ARMANDO&PATRICL4 ELLIS for a Conditional Use Permit re short-term rental at 901 Park Landing Court DISTRICT 1 —CENTERVILLE 14. Ordinances to AMEND Sections 233.1, 901, and 2003 of the City Zoning Ordinance (CZO) re eating and drinking establishments with drive-through facilities in the B4-K Historic Kempsville district(Requested by Council Member Abbott) M.PLANNING ITEMS: ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#4 ITEM#5 WILL BE CONSIDERED SEPARATELY ITEM#9 WILL BE CONSIDERED SEPARATELY VICE MAYOR WOOD FILED A DISCLOSURE FOR ITEM#9 ITEM#10 WILL BE CONSIDERED SEPARATELY ITEM#11 WILL BE CONSIDERED SEPARATELY ITEM#12 WILL BE CONSIDERED SEPARATELY ITEM#13 WILL BE CONSIDERED SEPARATELY ITEM#14 WILL BE CONSIDERED SEPARATELY January 21, 2020 58 ITEM#69967 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: 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). • Kempsville District • Beach District PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees,Authorities, Agencies and Appointees January 21, 2020 59 ITEM#69967 (Continued) Upon motion by Council Member Moss, seconded by Council Member Tower, City Council voted to proceed into CLOSED SESSION at 4:23 P.M. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Rosemary Wilson Break 4:23 P.M. —4:35 P.M. Closed Session 4:35 P.M. —5:57 P.M. January 21, 2020 60 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JANUARY 21,2020 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday,January 21, 2020, at 6:00 P.M Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott -Ill Rosemary Wilson —Family vacation INVOCATION: Reverend Dr. Kenneth R. Pruitt King's Grant Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34th Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act(the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest, "as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018, is hereby made part of the record. January 21, 2020 61 Council Member 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 be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015, is hereby made a part of the record. January 21, 2020 62 ITEM— VI-E CERTIFICATION ITEM#69968 Upon motion by Council Member Moss, seconded by Council Member Jones, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Rosemary Wilson January 21, 2020 c,„�u''B , rp.4 r 'IT7 U ,1 S OF OUR N•1\0° 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#69967 on Page 59 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. Amanda Barnes, MMC City Clerk January 21, 2020 63 ITEM-VI.F.1 MINUTES ITEM#69969 Upon motion by Council Member Jones, seconded by Council Member Wooten, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of January 6,2020 Voting: 8-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones,John D.Moss,Aaron R. Rouse, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Rosemary Wilson Council Members Abstaining: Guy K. Tower January 21, 2020 64 ITEM-VLF.2 MINUTES ITEM#69970 Upon motion by Council Member Moss, seconded by Vice Mayor Wood, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of January 7, 2020 Voting: 8-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones,John D. Moss, Aaron R. Rouse, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott Rosemary Wilson Council Members Abstaining: Guy K. Tower January 21, 2020 65 ITEM— VLG.1 MAYOR'S PRESENTATION ITEM#69971 RESOLUTION OF IN MEMORY OF JENNIFER ANNE BUDYMOORE Vice Mayor Wood, on behalf of Mayor Dyer, welcomed the family members of Jennifer Anne Budy Moore and presented "Resolution in Memory of Jennifer Anne Budy Moore" to recognize Ms. Moore's twenty- three years of service to the City's Emergency Medical Service. Ms. Moore was a founder of the Volunteer Support Services Team and designed the support member orientation class as well as several other training lessons. On behalf of the Mayor and City Council, Vice Mayor Wood honored the memory of Jennifer Anne Budy Moore and expressed condolences to her family,friends and loved ones. January 21, 2020 olek BE4 .pp 04 0 v s 14, 0r 4 +9 GF W1N No04'6' RESOLUTION WHEREAS: Jennifer "Jen"Anne Budy Moore was a native of Virginia Beach since age 3 and graduated from Old Dominion University;and WHEREAS: Following in the "Rudy Family footsteps",whose members have collectively given 100 years of service to the City as both volunteer and career members of EMS,Jen served nearly 23 years with the City's EMS;and WHEREAS: Jen was an administrative member of the Kempsville Volunteer Rescue Squad from 1995 to 2011, and member of Citywide Volunteer Support Services Team from 2005 until her passing in 2019;and WHEREAS: Jen was part of the group that founded the Volunteer Support Services Team and designed the team's patch,served as the official timekeeper for volunteer hours and designed the support member orientation class;and WHEREAS: Jen was instrumental in creating EMS training materials, including writing the EMT Recruit Academies workshop notebook and Student Handbook;and WHEREAS: Jen dedicated her time to proctoring new EMT recruits at the Training Center alongside her mother Kathy, including answering student questions and peer to peer practice sessions;and WHEREAS: Jen ensured scenarios and material for the initial accreditation process were accurate and up to date;and WHEREAS: Jen helped design various trainings such as the Patient Class, AVPU, Rapid Extrication,Helmet Removal,4 Person Log Roll Onto A Backboard,and KED;and NOW THEREFORE,BE IT RESOLVED: that the City Council of the City of Virginia Beach, Virginia, hereby recognizes the dedication, leadership and commitment to the City and its EMS Division that Jennifer Anne Budy Moore displayed for nearly 23 years. BE IT FURTHER RESOLVED: That the City Council hereby honors the memory of Jennifer Anne Budy Moore and extends condolences to her family,friends and loved ones. Given under our hands this 21 th day/ of January,2020. 411011f.41 Council Me ryessica P.A66ott Cou 'M 6 I'licfaefT.Berlucchi Council. M.9fe Council.9tem6erL.1 is R,Jones ouna[Mem erJohn(D.Moss ounci(Mem6erAaron R Rouse adeed,...) Cou 'Mem6e guy K,Tower CouncilMem6 semaryWilson Council Mem6er Sa6tina V.'Wooten I James L Woos Mayor Robert . "Bobby er 66 ITEM— VLG.2 MAYOR'S PRESENTATION ITEM#69972 RESOLUTION OF IN MEMORY OF JACK DYE Vice Mayor Wood, on behalf of Mayor Dyer, welcomed the family members of Jack Dye and presented "Resolution in Memory of Jack Dye" to recognize Mr. Dye's forty-four years as a Life Member of the Virginia Beach Volunteer Rescue Squad and fifteen years as Captain of the Virginia Beach Volunteer Rescue Squad Honor Guard. Mr. Dye trained thousands of students and received many awards during his lifetime of service. On behalf of the Mayor and City Council, Vice Mayor Wood honored the memory of Jack Dye and expressed condolences to his family,friends and loved ones. January 21, 2020 set vq+r elm` of OUR RESOLUTION WHEREAS: Jack Dye was an outstanding citizen who dedicated his life to the service of his country and community serving multiple tours in Vietnam;and WHEREAS: Jack served 44 continuous years as a member of the Virginia Beach Volunteer Rescue Squad and is recognized as a Life Member;and WHEREAS: Under his leadership as Captain of the Virginia Beach Volunteer Rescue Squad Competition Team,the team won three(3)International Basic Life Support competitions,several Virginia Association of Volunteer Rescue Squads Basic Life Support district competitions, and Virginia Volunteer Association of Volunteer Rescue Squads Basic Life Support state competitions;and WHEREAS: Jack was Captain of the Virginia Beach Volunteer Rescue Squad's Honor Guard for over 15 years;and WHEREAS: Jack was a certified Virginia Emergency Medical Technician and instructor, and proctored students at the Department of Emergency Medical Services Training Center;and WHEREAS: Jack was a member of the Virginia Beach EMS Support Services Team;and WHEREAS: During his service he received many awards and recognitions including multiple Class Act Awards, Tidewater Emergency Medical Services Regional Outstanding BLS Provider of the Year Award 1997,and EMT of the Year by VFW Post 392 in 2003;and WHEREAS: Jack trained thousands over his lifetime of service and his legacy of helping others will live on;and NOW THEREFORE,BE IT RESOLVED: that the City Council of the City of Virginia Beach, Virginia, hereby recognizes the dedication, leadership and commitment to the City and its EMS Division that Jack Dye displayed for 44 years. BE IT FURTHER RESOLVED: That the City Council hereby honors the memory of Jack Dye and extends condolences to his family,friends and loved ones. Given under our hands this 21th day of January,2020. 4#s-- council-Mem6er Jessica 4'.A66ott Counci em ichaelF.Berluccfi Council'Mem6er Barbara M.7fen aWit I°g Coun '[Mem6erLo R Jones uncilMem6erJohn dD.Moss Council ember Aaron 4j,Rouse %1144,tig1.414.t.d • Council Member Guy 1L Tower Council9em6 semi TOrson Council-Mem6erSa .na(D.'Wooten 'Vice ayor mes L Wood' M!6eo6by'Dyer 4 67 ITEM— VLG.3 MAYOR'S PRESENTATION ITEM#69973 PROCLAMATION HUMAN TRAFFICKING AWARENESS MONTH Council Member Wooten,on behalf ofMayor Dyer, introduced and welcomed Naomi Estaris and presented a Proclamation recognizing January 2020, as "NATIONAL SLAVERY AND HUMAN TRAFFICKING PREVENTION MONTH"encouraging all citizens to become more informed on this growing problem, to be vigilant and report suspicious activity and to work towards solution to end trafficking in all its forms in our community. Ms.Estaris expressed her appreciation and support to City Council. January 21, 2020 r.tG3N1A Be " Irri4 * i so -� - rr y. � 5 p OUR NPt b (kr.. ., v firotiamatton Whereas: human trafficking is a form of modern day slavery where people profit from the control and exploitation of others. 'This includes sex trafficking,forced labor and domestic servitude;and `Whereas: human trafficking erodes personal dignity and destroys the moral fabric of society. It is an affront to humanity that tragically reaches all parts of the world, including 7lampton'Rgads and Virginia Beach. (People of every age,gender, race, religion, and nationality are devastated by this grave offense;and Whereas: Even though awareness of this crime is growing, human trafficking continues to go unreported due to its isolating nature, the misunderstanding of its definition,and the fackof awareness about its indicators;and `Whereas: Increased community education on how to identi5 victims of human trafficking along with increased knowledge of focal resources and services for those affected by these criminafactions can help restore freedom and dignity to identified survivors,as well as help diminish the number offuture victims;and Whereas: Naomi Estaris is a longtime advocate, community leader against human trafficking and the organizer of EnJewel(Equality and Justice for Every'Woman Every Land). EnJewel- is a non-profit organization that was created to eradicate human trafficking focally andglobatTy. Naomi collaborates with focal leaders to engage the community by providing education regarding possible targets of human trafficking as well as empowering victims, individuals and focal businesses to work together towards eliminating human trafficking within our community;and 'Whereas: (During National Slavery and human Trafficking Prevention 'Month, we reaffirm our unwavering commitment to raise awareness of and workto eradicate this horrific injustice. Now Therefore,I'gbert M.Dyer,Mayor of the City of`Virginia,Beach,`Virginia,do hereby proclaim:: January 2020 A ationatSfavery aniJfuman 2rafficl jng Prevention Month In Virginia Beach and encourage all citizens to become more informed on this growing problem, to be vigilant and report suspicious activity,and to worktowards solutions to end trafficking in a1 its forms in our community. In Witness Whereof,I have hereunto set my hand anifcaused the Official Seaf of the City of Virginia ,Beach,'Virginia, to 6e affixed this Twenty-(First Day of January,Two Thousand and Twenty. ----..-':,-,_ - /' —'4,,6'`°:fre--C..., Robert M. "Bobby'Dyer Mayor 68 ITEM— VLH.l BID OPENING ITEM#69974 Mayor Dyer DECLARED A BID OPENING: BIDS FOR NON-EXCLUSIVE FRANCHISE AGREEMENT Pursuant to Virginia Code Section 15.2-2102, the Chair will now summarize the bids that have been received for a Non-exclusive Franchise Agreement for the purpose of owing, installing, and maintaining network facilities for wireless telecommunications services within the City's public streets and rights-of- way. One bid has been received. SQF, LLC, has bid: - 10 year franchise with three additional 5-year options to renew, not to exceed twenty-five years Are there any other persons desiring to submit a bid at this time? There being no further bids, the bidding is closed. City staff has evaluated the bids received from SQF, LLC, and recommends that the company be granted the Franchise. We will now open a Public Hearing for the proposed Non-exclusive Franchise Agreement to own, install, and maintain network facilities for wireless telecommunications services within the City's public streets and rights-of-way. January 21, 2020 69 ITEM— VLJ.1 PUBLIC HEARINGS ITEM#69975 Mayor Dyer DECLARED a PUBLIC HEARING: NON-EXCLUSIVE FRANCHISE USE SQF, LLC The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING January 21, 2020 70 ITEM— VLJ.2 PUBLIC HEARINGS ITEM#69976 Mayor Dyer DECLARED a PUBLIC HEARING: SALE OF EASEMENTS OVER CITY PROPERTY—Interfacility Traffic Area (ITA) a. 3340 North Landing Road b. 2801 Two Farms Lane The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING January 21, 2020 71 ITEM— VLL1 PUBLIC COMMENT ITEM#69977 Mayor Dyer DECLARED a PUBLIC COMMENT.• Resolution to OPPOSE House Bill 152 and any similar Bill that negates or limits Single- Family Zoning Districts There being no speakers,Mayor Dyer CLOSED the PUBLIC COMMENT January 21, 2020 72 ITEM— VI.K. FORMAL SESSION AGENDA ITEM#69978 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given three(3)minutes on each item they registered to speak. The City Clerk called for the following speaker: Barbara Messner, P. O. Box 514, spoke in opposition on items L.1, L.2, L.4a/b/c and L.5 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, BY CONSENT,Agenda Items Ordinances L:1,2,4a/b/c(DEFERRED TO FEBRUARY 4,2020),and 5 and Planning Items M:1(HENLEY and MOSS VERBAL NAY),2, 6, 7, and 8 Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Rosemary Wilson L. ORDINANCES: ITEM#3 WILL BE CONSIDERED SEPARATELY M.PLANNING ITEMS: ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#4 ITEM#5 WILL BE CONSIDERED SEPARATELY ITEM#9 WILL BE CONSIDERED SEPARATELY VICE MAYOR WOOD FILED A DISCLOSURE FOR ITEM#9 ITEM#10 WILL BE CONSIDERED SEPARATELY ITEM#11 WILL BE CONSIDERED SEPARATELY ITEM#12 WILL BE CONSIDERED SEPARATELY ITEM#13 WILL BE CONSIDERED SEPARATELY ITEM#14 WILL BE CONSIDERED SEPARATELY January 21, 2020 73 ITEM— VLL.1 ORDINANCES ITEM#69979 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to GRANT a Non-Exclusive Franchise Agreement to SQF, LLC re install, maintain, and operate Telecommunication Facilities in the public streets and rights-of-way Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott Rosemary Wilson January 21, 2020 1 AN ORDINANCE GRANTING A NON-EXCLUSIVE 2 FRANCHISE TO INSTALL, MAINTAIN AND 3 OPERATE WIRELESS TELECOMMUNICATIONS 4 FACILITIES IN THE PUBLIC STREETS AND 5 RIGHTS-OF-WAY OF THE CITY TO SQF, LLC 6 7 WHEREAS, SQF, LLC ("SQF"), having its principal office at 16 Middle Street, 4th 8 Floor, Portland, ME 04101, desires to use and occupy the City's streets and public 9 rights-of-way for the purposes of installing, maintaining, and operating network facilities 10 for wireless telecommunications services within and through the City; and 11 12 WHEREAS, the City is agreeable to allowing SQF to use the City's public streets 13 and rights-of-way for the aforesaid purposes, subject to the terms and conditions set 14 forth in the summary of terms attached hereto as Exhibit A and made a part hereof (the 15 "Summary of Terms"). 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 That the City Council hereby authorizes the City Manager to execute a non- 21 exclusive franchise agreement with SQF for an initial term of ten (10) years, with three 22 (3) additional five (5) year options to renew, not to exceed a total of twenty-five (25) 23 years, in accordance with the Summary of Terms, and such other terms, conditions or 24 modifications, as may be acceptable to the City Manager and in a form deemed 25 satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this 21 s t day of January , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -- /° ge,(14.4)--in INFO MATION TECHNOLOGY CITY ATTORNEY'S OFFI CA14667 January 8, 2020 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d022\p036\00604857.docx EXHIBIT A SQF, LLC FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and SQF, LLC ("SQF") Term: Initial term of ten (10) years, with three (3) additional renewal terms of five (5) years each. Fee: No fee for acquiring and maintaining existing wireless telecommunications infrastructure; $1000 one-time fee for installation of each new wireless support structure; co- location of any small cell facility is subject to maximum fee allowed under Va. Code §56-484.29.B, as amended or pre- empted by federal law. Location: SQF may maintain the facilities it currently owns or hereinafter acquires or installs in the public rights-of-way. Any new facility installation must be approved by City and properly permitted. Relocation: SQF is solely responsible for paying the cost of removal or relocation of its facilities if a public project necessitates their removal or relocation. Termination: SQF must remove its facilities upon termination of the franchise or City may allow facilities to remain in place and take ownership. Insurance: Commercial General Liability (min. $2 million); Automobile Liability (min. $1 million); Pollution Liability Insurance ($1 million). Alternatively, may have $5 million umbrella coverage. Surety: $75,000 surety bond 74 ITEM— VI.L.2 ORDINANCES ITEM#69980 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE Excess Restrictive Easements over City Property located at 3340 North Landing Road and 2801 Two Farms Lane in the Interfacility Traffic Area(ITA)and AUTHORIZE the City Manager to sell same to the United States of America Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Rosemary Wilson January 21, 2020 1 ORDINANCE TO DECLARE RESTRICTIVE EASEMENTS OVER 2 CITY-OWNED PROPERTIES LOCATED AT 3340 NORTH 3 LANDING ROAD (GPIN: 1483-98-4334) AND 2801 TWO FARMS 4 LANE (GPIN: 1483-99-5578) IN THE INTERFACILITY TRAFFIC 5 AREA TO BE EXCESS PROPERTY INTERESTS AND 6 AUTHORIZING THE CITY MANAGER TO CONVEY SAME TO 7 THE UNITED STATES OF AMERICA 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain 10 properties located in the Interfacility Traffic Area (the "ITA") in the City of Virginia Beach, 11 Virginia, which properties are identified as follows (collectively, the "Properties"): 12 13 1. 3340 North Landing Road (0.441± acres), acquired from Stanford E. 14 Mosley, Jr. and Victoria Yvette Mosley, GPIN: 1483-98-4334 15 16 2. 2801 Two Farms Lane (3.00± acres), acquired from Pamela B. King, 17 GPIN: 1483-99-5578 18 19 WHEREAS, on September 27, 2007, the City and the United States of 20 America, Department of the Navy (the "Navy") entered into an agreement (the 21 "Encroachment Partnering Agreement") to partner to protect property in the ITA from 22 incompatible development; 23 24 WHEREAS, the terms and provisions of the Encroachment Partnering 25 Agreement, as amended, provide that the City will sell to the Navy restrictive easements 26 (the "Restrictive Easement(s)") over property the City acquires in the ITA and the Rural 27 AICUZ Area, and in exchange the Navy will pay to the City 100% of the fair market 28 value of the Restrictive Easements, up to 50% of the appraised fair market value of the 29 property the City acquired; 30 31 WHEREAS, the City acquired the Properties pursuant to the ITA 32 Acquisition Program, an element of the City's BRAC response program; 33 34 WHEREAS, the City funded the acquisition of the Properties solely with 35 City funds; and 36 37 WHEREAS, the City Council of the City of Virginia Beach finds that the 38 Restrictive Easements over the Properties are in excess of the City's needs and finds 39 that the sale of the Restrictive Easements to the Navy, pursuant to the terms of the 40 Encroachment Partnering Agreement, as amended, will allow the City to recover a 41 portion of the funds paid for the Properties. 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 44 OF VIRGINIA BEACH, VIRGINIA: 45 46 1. That Restrictive Easements over the Properties identified above are 47 hereby declared to be in excess of the needs of the City of Virginia Beach; 48 49 2. That the City Manager is hereby authorized to execute any documents 5 o necessary to convey the Restrictive Easements to the Navy, in substantial conformity 51 with the terms and provisions of the Encroachment Partnering Agreement dated 52 September 27, 2007, as it has been or may be amended, and such other terms, 53 conditions or modifications as are deemed necessary and sufficient by the City Manager 54 and in a form deemed satisfactory by the City Attorney; and 55 56 3. That revenue from the sale of the Restrictive Easements over both 57 properties in the total amount of $337,500 will be received and deposited for 58 appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana 59 and Interfacility Traffic Area Conformity and Acquisition II. 60 61 This ordinance shall be effective from the date of its adoption. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on the 64 21st day of January , 2020. R-1 1/7/2020 CA14668 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d011\p032\00590284.doc APPROVED�G� AS TO CONTENT APPROVED AS TO CO` NTENT ,.4. __": _k_ ,,:, _ _ Public Works/Real Estate Budget & anagemen"t Services APPROVED AS TO LEGAL SUFFICIENCY 7 --°.-''''(( City Attorney s O ice 75 ITEM— VI.L.3 ORDINANCES ITEM#69981 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke in OPPOSITION Upon motion by Council Member Berlucchi, seconded by Council Member Moss, City Council ADOPTED Ordinance to ADD Section 6-2.1 to the City Code re prohibit tents, shelters, or structures on the beach between 8:00 P.M.—8:00 A.M. (Deferred from December 10, 2019) Voting: 8-1 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, and Vice Mayor James L. Wood Council Members Voting Nay: Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Rosemary Wilson *Due to illness,Mayor Dyer left after the vote on this item January 21, 2020 1 AN ORDINANCE TO ADD SECTION 6-2.1 TO 2 THE CITY CODE TO PROHIBIT TENTS ON 3 THE BEACH AT NIGHT 4 5 SECTION ADDED: § 6-2.1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 6-2.1 is hereby added to the Code of the City of Virginia Beach and 11 ordained to read as follows: 12 13 Sec. 6-2.1. — Tents, shelters, or structures on beach. 14 15 It shall be unlawful for any person to erect, maintain, use, or occupy on any beach 16 any tent, shelter, or structure of any kind between the hours of 8:00 p.m. and 8:00 a.m. 17 unless authorized by a valid permit issued pursuant to Sections 4-1 or 24-6. 18 19 20 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 21 21 day of January 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: =f-c -te Police Department City ttorney's 0 ice CA14955 R-2 January 14, 2020 76 ITEM— VI.L.4a ORDINANCES ITEM#69982 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council DEFERRED TO FEBRUARY 4, 2020, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes(Deferred from December 10, 2019): a. DC Art Institute of Virginia Beach, LLC Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Rosemary Wilson January 21, 2020 77 ITEM— VLL.4b ORDINANCES ITEM#69983 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council DEFERRED TO FEBRUARY 4, 2020, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes(Deferred from December 10, 2019): b. DC South University of Virginia, LLC Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Rosemary Wilson January 21, 2020 78 ITEM— VI.L.4c ORDINANCES ITEM#69984 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council DEFERRED TO FEBRUARY 4, 2020, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes(Deferred from December 10, 2019): c. In Home Health,LLC Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Rosemary Wilson January 21, 2020 79 ITEM— VI.L.5 ORDINANCES ITEM#69985 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$125,000 from the Virginia Tourism Authority to the FY2019-20 Economic Development Operating Budget and AUTHORIZE a $125,000 Grant to the Virginia Sports Hall of Fame re promote tourism in Hampton Roads Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Rosemary Wilson January 21, 2020 1 AN ORDINANCE TO APPROPRIATE $125,000 FROM 2 THE VIRGINIA TOURISM AUTHORITY TO THE 3 ECONOMIC DEVELOPMENT DEPARTMENT AND TO 4 AUTHORIZE A GRANT OF $125,000 TO THE VIRGINIA 5 SPORTS HALL OF FAME 6 7 WHEREAS, Item 126.E.1 of the 2018-2020 Biennial Budget, included $125,000 8 from the Virginia Tourism Authority to the City of Virginia Beach for a "regional tourism 9 entity;" 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA, THAT: 13 14 1) $125,000 is hereby accepted from the Virginia Tourism Authority and 15 appropriated, with state revenue increased accordingly, to the FY2019-20 16 Operating Budget of the Department of Economic Development; and 17 18 2) A grant of $125,000 is hereby authorized for the Virginia Sports Hall of Fame 19 in furtherance of the Hall of Fame's efforts to promote tourism in the Hampton 20 Roads Region. Adopted by the Council of the City of Virginia Beach, Virginia on the 21 st day of January , 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: eC" Bud t and Management Services City Attorney's Office CA14980 R-1 January 9, 2020 80 ITEM—VI-M.1 PLANNING ITEM#69986 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council, APPROVED,AS CONDITIONED,BY CONSENT,Application of OCEAN RENTAL PROPERTIES,LLC for a Variance to Section 4.4(a,d) of the Subdivision Regulations re access to a public street and lot width at 5568 Shell Road DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA OCEAN RENTAL PROPERTIES, LLC for a Variance to Section 4.4(a,d)of the Subdivision Regulations re access to a public street and lot width at 5568 Shell Road (GPIN 1469311163) DISTRICT 2 — KEMPSVILLE The following conditions shall be required: 1. When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "PRELIMINARY SUBDIVISION PLAT OF TRACT NO. 1, PROPERTY OF ANDREW YOUNG (MB 16 P 19)(MB 21 P10)" dated August 9, 2019, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. When Lots IA, 1B, and 1 C are developed, the residential dwellings constructed shall have architectural features and appearance of like quality and character as depicted on pages 7, 8, and 9 of the report, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 3. The intersection of Duncan Lane and Shell Road shall be widened to twenty-four(24)feet in width to allow for ease of simultaneous vehicular ingress and egress. 4. The proposed roadway improvements shall meet the minimum requirements found in section 503 of the Virginia Statewide Fire Prevention Code. A private road maintenance agreement shall be established to maintain these standards. 5. All dwellings shall be limited to single-family residential units. 6. No additional subdivision of Lot 1A shall be permitted. 7. The proposed twenty-one (21)foot public utility easement depicted on the plan identified in Condition One (1) above shall be reduced to twenty (20)feet or as otherwise required during final plat review to ensure compliance with Appendix A, Section 200(a) of the City Code. January 21, 2020 81 ITEM—VI-M.1 PLANNING ITEM#69986 (Continued) 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, on the 21' day of January Two Thousand Twenty. Voting: 7-2 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley John D. Moss Council Members Absent: Jessica P.Abbott Rosemary Wilson January 21, 2020 Ill .m.011•1111....pLINIMINIPLIPINaullimil...P.11 1 _.:,..._1.0._____ - _ - - - - ----------' ' \ Downs Lane w l'\ .... / I , , , _ _ v417 , , , i III - „_ • ,----t I I _ . z a) LL. 0 — i \ I r r-- 1 c) LC) I LC) -----L:----- 1 -t ______,-..........--.................- \ ,I 0 1 I i 0 1 0 li,ro ---_-li_ -.1 i \ 110 1 ci) a) •OM WO t CI a) c) 0_ C‘ o — $... a. w . 1 = ---63 Cl) co I m co 1 Oe In 1 I I c . cc ' a) 13 Q CO 0 0 r4 0 1--- ,Cl) LT_ _II I 41) ri) .474- 0 I a) 1 .. -0 6 I I, 0, cm C7) CY) a) c c c a I 5 c-15 r.)1 cic.i cn ---t-, 1' 82 ITEM—VI-M.2 PLANNING ITEM#69987 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council, APPROVED, BY CONSENT, Application of HANNAH& HAMILTON GUBANC for a Street Closure re 2,176 square foot portion of an unimproved right-of-way adjacent to 770 Woodstock Road DISTRICT 2 — KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA HANNAH & HAMILTON GUBANC for a Street Closure re 2,176 square foot portion of an unimproved right-of-way adjacent to 770 Woodstock(NO GPIN ASSIGNED)DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. 2. The applicant shall re-subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The Re-subdivision Plat must be submitted and approved for recordation prior to final street closure approval. Said Plat must include the dedication of a thirty (30)foot wide Public Utility Easement along the entire northern boundary of Parcel D (M.B. 2605, P. 1138), subject to the approval of the Department of Public Utilities and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall determine if a private water line for the benefit of Lot 10A-2(MB. 234, P. 24) is located within Parcel D (MB. 2605, P. 1138). Should a private water line exist, the applicant shall establish a private water line easement of a suitable size for the benefit of Lot 10A-2. 4. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one(1)year of the City Council approval, said approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 2P day of January Two Thousand Twenty. January 21, 2020 83 ITEM—VI-M.2 PLANNING ITEM#69987 (Continued) Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Rosemary Wilson January 21, 2020 1 ORDINANCE APPROVING APPLICATION 2 OF HANNAH GUBANC AND HAMILTON 3 GUBANC FOR THE CLOSURE OF AN 4 APPROXIMATELY 2,176 SQ. FT. PORTION 5 OF AN UNIMPROVED RIGHT-OF-WAY 6 ADJACENT TO 770 WOODSTOCK ROAD 7 8 WHEREAS, Hannah Gubanc and Hamilton Gubanc (the "Applicants"), applied to 9 the Council of the City of Virginia Beach, Virginia, to have the hereinafter described 10 unnamed, unimproved right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described unimproved right-of-way (the "Right-of-Way") be 22 discontinued, closed and vacated, subject to certain conditions being met on or before 23 one (1) year from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying 26 and being in the City of Virginia Beach, Virginia, 27 designated and described as "AREA OF UNNAMED 28 STREET TO BE VACATED. AREA = 2,176 SQUARE 29 FEET OR 0.0499 ACRE, AS DEPICTED IN MAP 30 BOOK 124, PAGE 36", and shown as the hatched area 31 on that certain street closure exhibit entitled: "STREET 32 CLOSURE EXHIBIT OF A PORTION OF UNNAMED 33 STREET AS SHOWN IN MAP BOOK 124, PAGE 36: 34 MAP BOOK 234, PAGE 24 AND DEED BOOK 2605, 35 PAGE 1138 VIRGINIA BEACH, VIRGINIA", Scale: 1" = 36 50', dated September 6, 2019, prepared by Alphatec 37 Surveyors Ltd., a copy of which is attached hereto as 38 Exhibit A. 39 40 SECTION II 41 42 The following conditions must be met on or before one (1) year from City 43 Council's adoption of this ordinance: 44 45 NO GPIN ASSIGNED (Public Right-of-Way) 46 Adjacent to GPIN: 1456-74-1919 47 1. The City Attorney's Office will make the final determination regarding 48 ownership of the underlying fee. The purchase price to be paid to the City 49 shall be determined according to the "Policy Regarding Purchase of City's 50 Interest in Streets Pursuant to Street Closures," approved by City Council. 51 52 2. The Applicants shall resubdivide the property and vacate internal lot lines to 53 incorporate the closed area into the adjoining parcel. The Resubdivision Plat 54 must be submitted and approved for recordation prior to final street closure 55 approval. Said Plat must include the dedication to the City of a 30-foot wide 56 public utility easement along the entire northern boundary of the Applicant's 57 property, subject to the approval of the Department of Public Utilities and the 58 City Attorney's Office, which easement shall include the right of reasonable 59 ingress and egress. 60 61 3. The Applicants shall determine if a private water line for the benefit of Lot 62 10A-2 (as shown on Map Book 234, Page 24) is located within the Right-of- 63 Way. Should a private water line exist, the Applicants shall establish a private 64 water line easement of a suitable size for the benefit of Lot 10A-2. 65 66 4. The Applicants shall verify that no private utilities exist within the Right-of- 67 Way. If private utilities do exist, easements satisfactory to the utility company 68 must be provided. 69 70 5. Closure of the Right-of-Way shall be contingent upon compliance with the 71 above stated conditions within 365 days of approval by City Council. If the 72 conditions noted above are not accomplished and the final plat is not 73 approved within one year of the City Council approval, said approval shall be 74 considered null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before January 21, 2021, 79 this Ordinance will be deemed null and void without further action by the City Council. 80 81 2. If all conditions are met on or before January 21, 2021, the date of final 82 closure is the date the street closure ordinance is recorded by the City Attorney. 83 84 3. In the event the City of Virginia Beach has any interest in the underlying 85 fee, the City Manager or his designee is authorized to execute whatever documents are 86 requested, if any, to convey such interest, provided said documents are approved by 87 the City Attorney's Office. 88 89 SECTION IV 90 91 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 92 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 93 VIRGINIA BEACH as "Grantor" and HANNAH GUBANC and HAMILTON GUBANC, 94 collectively as "Grantee". 95 96 Adopted by the Council of the City of Virginia Beach, Virginia, on this 21 st day 97 of January , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , PlanningDe artmerrt CityAttorney CA14680 \\vbgov.com\dfs I\applications\citylaw\cycom32\wpdocs\d006\p03I\00612218.doc R-1 January 8, 2020 EXHIBIT A , NOW OR FvsO[r NOW 0K EOtwlr NOW CR FCA EBLY 00BSIW,ER&ELIENIEIN BROWN ERE&KATY I.MET WV EL t 1NEYA a PxILPS lemma/YOA 01moome 110 0450KAN34T 10060012001460130 as 3443 PAGE 1074 LOT 24 NOWS1OIX RAW LOT 25 N FOIEST LOT TO NO[06100C FOREST GPM 1460-75-300 GM 1450-75-7011 GAN 1450-74-201J YAP aaaK 21Z PAGE 73 YAP BOOK 23L PACE 76 NAP BOOK 232 PALE 70 5 0424130'N 14213' - 0 S 0423'25.N 14251' , �_ REFERENCE MERIDIAN E I ?4 6, D.B.2605 , PG. 1138 ot .I 1 1nDI iii 0 rzl i y~N-j4 iI g AREA or $i 9 037 AWNED gri TET x. + oR aW90 Aflf�A5 OEINCOED w C. giMAP 124,PAGE J0 g Yii or�� `,4 1 Q(MD) N N` gg p� kNi it EE 04 471'E i NOW OR fORNEIN.Y RN HAW=&HAWN GLEAM L minutiae/T♦f/061400i0.i60240 _ 3 PAAfII D 6PN M5B-7FI010 y DEED BOOK 20a[PAD'£1100 �•jI ..4. - �$i s �[PLA Sg s7� co`A-*!4 (MA hFWLD) K $C'_t_ �Za7 O ivtict ii: ' ; iii iL Ng " ) ef. tih` ii Q9 N 0042740E iia 17 � 11g 9 N010 DR AYEY Sr FRAAr25 M.!!CLAYEY S Y[0U18 Oa M.PAGE 655 PARCEL C ON 1455-04-1597 YAP 9003 I24,PACE.71 1 Off H pp 4. WOODS OCK ROAD �, 09/06/2019`?�c'r (VARIABLE YBBOCK 234, M'24 OF JOHN F. HE JR.a O11c. No. 'hrA. STREET CLOSURE IJ!L��t, EXHIBIT OF A PORTION OF lu Utt7L4A1/EU STREETAS SHOW IN 44, a MAP BOOK 124, PAGE 36: MAP BOOK 234, PAGE 24 D SUR 1" AND DEED BOOK 2605, PAGE 1138 WRGINIA BEACH, VIRGINIA SEPTEMBER 6, 2019 SCALE: 1=50' 0' 50' 100' 150'MB MS MI 1111•11111111111 I i AJ14H Th© um an � � f iE1wA PROJECT NO.: 21914 �r II� SURVEYORS LTD �''3"� 530 WOODLAKE C1RCXE, SLATE 200,CHESAPEAXE, VA 23320 URANING NO.: 32014 TEL (757) 963-5261 FAX (757)963-5262 — .-02, -....-, __J-- — [1 1-7 Li 16 a) 11- o 0 N 0 r �n ,.J 0 JJJ/ L.- as ( Y ) , \\�N NN, O f � N iO O O r. O co o = coo ti i. r c c U ii ( / a ler T I : I f I J L J , 0 (13 5 ii — 84 ITEM—VI-M.3 PLANNING ITEM#69988 The following registered to speak: Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Council Member Moss, City Council,APPROVED, AS CONDITIONED, Application of VAB 23id STREET, LLC for a Special Exception of Alternative Compliance to the Oceanfront Resort District Form-Based Code re commercial parking lot at 305, 309, and 311 23rd Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA VAB 23'd STREET, LLC for a Special Exception of Alternative Compliance to the Oceanfront Resort District Form-Based Code re commercial parking lot at 305, 309, and 311 23'd Street (GPINS 24270982470000, 24270971880000, 24270972140000) DISTRICT 6 — BEACH The following conditions shall be required: 1. The applicant shall comply with all requirements for commercial parking lots listed in Chapter 23, Section 23-58 of the City Code. 2. The applicant shall submit a Site Development Plan to the Planning Department, Development Services Center for review and ultimate approval prior to operating the lot. The following additions shall be added as required features in addition to standard site improvements associated with commercial parking lots: a. Only one vehicular entrance is permitted which shall be located on 23'd Street at a location acceptable to Public Works and Parking Management. The entrance shall be limited to the minimum width permitted by Public Works and improved to meet current standards as required by Public Works Specifications and Standards. b. The three (3)existing driveway aprons on 23rd Street shall be repaired to restore curb and gutter. c. A new sidewalk shall be introduced adjacent to on-street parallel parking spaces to meet Public Works Standards and also be designed to tie back into existing conditions. d. A minimum ten (10)foot street frontage landscape buffer, measured from the back of sidewalk, shall be installed along 23'd Street. e. A minimum ten (10)foot buffer, measured from the common property line shall be installed along common property lines adjacent to OR Zoning. f A minimum fifteen (15)-foot category IV (4) buffer, measured from the common property line shall be installed along common property lines adjacent to Apartment zoning. January 21, 2020 85 ITEM—VI-M.3 PLANNING ITEM#69988 (Continued) g. Fencing shall be installed around the perimeter of three sides of the parking lot(North, West, and South), inside of the landscape buffer, except for a single pedestrian ingress/egress and a single gated vehicular ingress/egress, both of which will be located on 23'd Street. Fencing height and design shall be determined during site plan review. 3. The applicant shall submit a photometric plan to the Planning Department, Development Services Center for review and ultimate approval. All outdoor lighting shall meet the requirements of Section 6.4 of the Oceanfront Form-Based Code and Public Works Specifications and Standards. 4. The applicant shall submit a sign package to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. Planning Department approval is required prior to erecting any signs on the property. 5. The applicant shall submit a detail of the gate,fencing, lighting fixtures, trash cans, and any other structures proposed to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. 6. The Conditional Use Permit is approved for five (5)years from the date of City Council approval. 7. The Commercial Parking Lot shall be staffed by a parking attendant, who shall be on site during all hours of Commercial lot operations. 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, on the 21st day of January Two Thousand Twenty. Voting: 8-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott Mayor Robert M. Dyer Rosemary Wilson January 21, 2020 0 , ..„-----^"-- \woo 100000.:000.1000.000;0 .- - ----i @ is 4.6 1, ---7------ \ , cr$ etOgr-ts' _ " meou t, 0.) 1 _---- 0 r,- 1.1-) ',t\ \\ \ \ —. \ , . . ' - 0 I ' __--- , 7 , 1 X .---1 _ --- I ' •W .--- 't- - I 4$ (1) \.-- _____---2 ti . I $ CD 0 , \ 1,.. 4.s \ .10) _..1,-----, 7.3 __------, . CD CI 6. \ ln __ ______ \\sr. ..1 \ ..\\.\- ,1‘, '4‘- •A L \ \ 6- 0,5 ce, \ - - - , 01 ----- _ , - -------- , , _______-- ,. ' Wm• ,----- \11 I 1 \ .------ ...0v,_, ,,, L--------1—; ,11 ----\ , '-- ----- _____-___-----------:i,'-- , I \ \ \\ ,____________ 111 (1) . _ ._.... \\ _----- -- 1 'Iili \I 0•1. .•Tt- a) (I) \ . _----------i .— , .0 V 17- C..) .., i w .../ Cr) 0) CI) \\ , \t, . . r•I CU co c c c -- .— -------\__\ _, (1) IN CL CD \ \ , , .......... 1 ' - 86 ITEM—VI-M.4 PLANNING ITEM#69989 The following registered to speak: Anne Standing, 308 Galleon Drive, Phone: 717-0856,Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, requested a deferral and more time to read the Agenda Upon motion by Council Member Henley, seconded by Council Member Tower, City Council, APPROVED,AS MODIFIED,Application of BAILLIO SAND COMPANY,INC./ROBERT W. WHITE JR. &ROBERT W. WHITE SR. FAMILY TRUST for a Modification of Conditions re borrow pit at the West side of Princess Anne Lane and Princess Anne Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA BAILLIO SAND COMPANY, INC./ ROBERT W. WHITE JR. & ROBERT W. WHITE SR. FAMILY TRUST for a Modification of Conditions re borrow pit at the West side of Princess Anne Lane and Princess Anne Road (GPINS 2403875312, 2403863665) DISTRICT 7— PRINCESS ANNE The following conditions shall be required: 1. The stockpiling of material, overburden, equipment, etc. shall not be permitted within the one hundred(100)foot buffer areas depicted on the plan. 2. Operation on Sundays shall be prohibited. Hours of operation shall be 7:00 a.m. until 7:00 p.m. 3. The existing twenty-two (22)foot wide lane identified on the plan that runs through the proposed borrow pit expansion area shall be either be relocated or vacated by recorded plat prior to the issuance of any land disturbing and/or excavation permits. Evidence of applicant's ability to excavate and eliminate that portion of the lane must be satisfactory to the City Attorney's Office. 4. Prior to any excavation, the developer must obtain an excavation permit from the appropriate City agencies and any other appropriate agencies which may be involved. 5. The excavated area shall be limited to 20.53 acres as depicted on the submitted plan entitled, "Concept Plan Proposed Borrow Pit Expansion for Baillio Sand Company," prepared by Gallup Surveyors & Engineer, Ltd., dated October 3, 2005 and revised November 7, 2019. 6. Excavation of the borrow pit shall be done with a hydraulic dredge when excavating below the water table. No water is to be pumped from the pit nor any other action shall be permitted that would result in a lowering of the water table. 7. When the mining is complete, the applicant will redevelop the sides of the pit to a 3:1 slope within six(6) months. January 21, 2020 87 ITEM—VI-M.4 PLANNING ITEM#69989 (Continued) 8. The borrow pit excavation shall not penetrate the confining unit for the deep aquifer. This condition shall take precedence over any other permitted excavation depth in the Conditional Use Permit. 9. Activities on the site shall meet all the requirements identified by the Department of Mines Minerals and Energy. 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, on the 21' day of January Two Thousand Twenty. Voting: 8-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley,Louis R. Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer Rosemary Wilson January 21, 2020 W"' -4111‘17 /1/414r,14: irli) 4c . '. . ti-tiisi•W Amu _ a *37 1.1 '411r,t, %um ' 1111121iiiii PI' P (.9 -,, -- - - , .., . , ,_,...,, 4 ,,,,/ , „ . ,c,,,, ; .-., it ... ___-___ Iowa r b , „,, <4 ilir 'rt.,- .5 .... ,„:,, _)_ . -,--...._ildb.-.. ..., .../ , . Tele _--'-'2- k/I.t -14*47 ye*: .:://lraub. "<::--'----7 . 1,1 - --- + y t,'* fir/ o i : i....,..i.j.i..t 4.i0 1 co SQ N o el rN i d a- to 'O N.s.:Ak*13' \ ------ 3 co COI N''' q'71'' ---- ;� . elf t, elf elf .\\.\\,,s . cli ,* .J VII. (19 / 2 .,--rs )7t ° 4 113 a_ acC\a, co a J eo 4) y O C ,= C V Q aQ co ce 1 C elf O eA \ (1) Ir4itit4 4 4*,,..-4, /46, xx I; * „, 0- .p, Iv mi !" '1i* a N en elf .A \cittil 'fi. .40„ti.4 I ' ' , -: 4C i.' 1 r 1 1 'y z Q ' 1 ., �'i'h Tic/ to N d m cplIA• BE4c, ,4 Lr - City of Virginia Beach 9FS 50 0, OUR 0310N VBgov.com GUY K.TOWER CELL:(757)439-4801 COUNCIL MEMBER EMAIL:gtower@vbgov.com DISTRICT 6-BEACH January 21, 2020 In Reply Refer to 0066452 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the application of Baillio Sand Company, Inc. for a modification of conditions on property owned by the Robert W.White Sr. Family Trust and located on the west side of Princess Anne Lane and Princess Anne Road (GPINs 2403875312 and 2403863665). 2. The property owner disclosed that Kaufman & Canoles is its legal services provider. 3. I have a personal interest in Kaufman & Canoles, P.C. because I receive income from the firm. Its Virginia Beach location is 2101 Parks Avenue, Suite 700, Virginia Beach, VA 23451. 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 the Council's discussion and vote on this ordinance, upon disclosure of this interest. 211 43rd STREET,VIRGINIA BEACH,VA 23451 Mrs. Amanda Barnes -2- January 21, 2020 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) 5. I hereby disclose the facts above and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter.4Sin rely, <---)frl,----N----- Guy K. Tower Councilmember GKT/RRI 88 ITEM—VI-M.5 PLANNING ITEM#69990 The following registered to speak: Lynn Hightower, 913 Old Dominion Lane, Phone:286-3092,Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Henley,seconded by Council Member Rouse, City Council,APPROVED, AS CONDITIONED/MODIFIED, Application of BACK BAY WILDFOWL GUILD TM ATLANTIC WILDFOWL HERITAGE MUSEUM/CITY OF VIRGINIA BEACH for a Conditional Use Permit re assembly use and a Modification of Conditions re open air market at 1113 Atlantic Avenue DISTRICT 6— BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA BACK BAY WILDFOWL GUILD TM ATLANTIC WILDFOWL HERITAGE MUSEUM/ CITY OF VIRGINIA BEACH for a Conditional Use Permit re assembly use and a Modification of Conditions re open air market at 1113 Atlantic Avenue (GPINS 242 72 5531 7, 2427255322)DISTRICT 6—BEACH The following conditions shall be required: Conditional Use Permit(Assembly Use) 1. The use of the site shall substantially conform to the Proposed Site Layout exhibit on page six (6) of this report as exhibited to City Council and is on file with the Planning & Community Development Department. 2. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 3. All necessary permits shall be obtained prior to the event for temporary tents or other structures, as required by the Virginia State Building Code. 4. All lighting, temporary or permanent, related to events held on the subject property, shall be directed downward and towards the interior of the site and contained such that the source of light shall be shielded from view from any area outside of the property. 5. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy and posted by the Fire Marshal. 6. The tent(s)and portable restrooms shall be removed from the site within 24 hours of the end of an event being held. 7. The use of speakers or monitors shall be prohibited between the hours of 11:00 p.m. and 9:00 a.m. 8. The use shall be in operation only between 8:00 a.m. and 12:00 a.m. January 21, 2020 89 ITEM—VI-M.5 PLANNING ITEM#69990 (Continued) Modification of Conditions (Open Air Market) 1. All conditions of the Conditional Use Permit for Open Air Market dated October 17, 2017 are null and void. 2. Food trucks shall only be allowed in association with private events. 3. The location of the food trucks shall not be permitted in the public right-of-way and shall be limited to the area depicted on page six(6) of this report. 4. Any outdoor storage of materials associated with the Open-Air Market Use shall be prohibited. 5. The use shall be in operation only between 8:00 a.m. and 12:00 a.m. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21' day of January Two Thousand Twenty. Voting: 8-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer Rosemary Wilson January 21, 2020 c1 __________,__y--_--cl________,-----'______-- \ O O - -----._____-/ ' r‘N \\\\\ 4\_.1 _ ._,,. \c---" \ < a) co ti < a) , \\-- ' \ 0 ( ' :\,,cit • 11( -,.., i I ' = cm 0 \\\\\\\\, \\ \, :k - . \\\,- ci) 0 Ce \ \ 42 m .4...„ 0 \ ' \ \ ‘.11‘.1/4 ' i ______ ___1 0 7--; fiG A�anus co c -- Aaafl m as bC �'`�enUe - Ata'� = ----- -- _ y{ _J _ N a IX -- -- 'a o N -� C o ct ____,----______ - O \' .4.- v ,. go 90 ITEM—VI-M.6 PLANNING ITEM#69991 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council, APPROVED,AS CONDITIONED, BY CONSENT, Application of KIM SMITH/ FOURTEEN FORTY, LLC for a Conditional Use Permit re tattoo parlor at 1440 North Great Neck Road, Suite D DISTRICT 5 — LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA KIM SMITH/FOURTEEN FORTY, LLC for a Conditional Use Permit re tattoo parlor at 1440 North Great Neck Road, Suite D (GPIN 2408195434)DISTRICT 5—LYNNHAVEN 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 to ensure consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors.A separate sign permit shall be obtained from the Planning Department for the installation of 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, on the 21' day of January Two Thousand Twenty. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott Rosemary Wilson January 21, 2020 .41111 C `. \ \ z ®" Jl 75 �t t ,''N ic), % O -57 '-,, .\,\.,., „ -- c.-.) \ -..., ,„•- \ i 4.° 61/ <., \-‘-\ -- \ \ , • 5 co \ u) 43%) 4ti ref_ -- - --T-1 \\- E Z • f"*.-77 '- \\'\ '‘ -' .._1., 0 V i . 11:11\\ 41 ,,,..,,, 4: ::::: '-':'----). -.-- N is Tit #4 " L. a ` Q , .,:, c„.„.. —_jam__ 45- a) ell� c can u� r� a m UI U 91 ITEM—VI-M.7 PLANNING ITEM#69992 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council, APPROVED,AS CONDITIONED, BY CONSENT, Application of NOUREDDINE HOUSSNI/ NEWTOWN THURSTON, LLC for a Conditional Use Permit re automotive repair garage at 5900 Thurston Avenue, Suite G DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA NOUREDDINE HOUSSNI/ NEWTOWN THURSTON, LLC for a Conditional Use Permit re automotive repair garage at 5900 Thurston Avenue, Suite G(GPIN 1459931541)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 2. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted,pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 3. There shall be no portable or nonstructural signs or electronic display signs on the site. 4. No motor vehicles in a state of obvious disrepair shall be stored outside on the property. All such vehicles shall only be permitted to be stored within the building. 5. There shall be no outside storage of equipment,parts, tires, or materials. 6. No motor vehicles shall be parked within any portion of the public right-of-way. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21' day of January Two Thousand Twenty. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott Rosemary Wilson January 21, 2020 1 1 . zr,..4„.,& I.____,_,_ L _ ' _i I . . . ___„it my , _ , U., 1 to O ...,_____ .-_.��•- N S I r 0 y- O - o in l ,ft` 4 IP _ j CD 0 I 1 .. v' .i 1 .. .\\N\\\\\V > I ° c . IX\ 0 CI) <6. = ° �_ i 1 1 0 s ---- • i L 4 i L--— a) 1 Ln -P rv-,—_n i J Q ..**S.* *4%4: s'..6 .‘s6 '%'s,..//1---, -. -1:::'Ill 1 C ' he cn co EIBO , 92 ITEM—VI-M.8 PLANNING ITEM#69993 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council, APPROVED,AS CONDITIONED, BY CONSENT,Application of CHRISTOPHER J. OCAMPO/MARY HOLDEN for a Conditional Use Permit re automotive repair garage at 2505 Horse Pasture Road, Suite 101 DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CHRISTOPHER J. OCAMPO/MARY HOLDEN for a Conditional Use Permit re automotive repair garage at 2505 Horse Pasture Road, Suite 101 (GPIN 1495857045)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. The applicant shall obtain all necessary permit(s)for the installation of a paint booth for the proposed use.If the required permit(s)for the paint booth are not obtained, the painting of vehicles shall be prohibited on the site. 2. There shall be no outdoor storage of equipment,parts, tires, or materials. 3. There shall be no repair of automobiles outdoors. 4. No motor vehicles shall be parked within any portion of the public right-of-way. 5. No motor vehicles in a state of obvious disrepair shall be stored outside on the property. All such vehicles shall only be permitted to be stored within the building. 6. No motor vehicles shall be parked within any portion of the public right-of-way. 7. There shall be no portable or nonstructural signs or electronic display signs on the site. 8. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted,pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs 9. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21' day of January Two Thousand Twenty. January 21, 2020 93 ITEM—VI-M.8 PLANNING ITEM#69993 (Continued) Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Rosemary Wilson January 21, 2020 r; 1 m N ft -_____._..,,_-.,,_._._._:—,.:_:_,_1_,____:___ __:::,:::--,I a3 IT1 y � / ill __,..„,„.„\\\ L71 : i J f-,, , '..d u ------- I I1 7 /1,,, it / \D ,, i , 1 AI ,`; I i ft „ _,„_'________ :-------ii -7 1 ',. ' ' : i j r I 4 l�, 1 \\NP: \NN:S\---- /: 1 Ad i / V"' ,,'' \\\\... x‘---- -_-_,.---___ _ __. / I 0. 0 co iz 1 ,� O 11. Sililliq \ IS i :I !1 W : 4,,„\\ / --- & J e tv N‘Ns\\\\\/.,I i i cl.. ce il p ,. e . * ArCe o �, 1 N U 0 � � VI" iiC In V N 10 Q� - r /j c _, f C r If # 4) J ' / - /#` t! > #f ri ! i C o f / < e c .....Ic a ) ; g C4C__ CC::1) ,M 1 t P i t 94 ITEM—VI-M.9 PLANNING ITEM#69994 The following registered to speak: Greg McMakin,Applicant, spoke in SUPPORT Phillip Malinack(Representing Thalia Station HOA), 3680 Light House Lane, Phone: 376-2190, spoke in OPPOSITION Upon motion by Council Member Moss, seconded by Council Member Jones, City Council DEFERRED TO FEBRUARY 4, 2020, Application of GREG MCMAKIN/MILLS COLLINS, LC for a Conditional Use Permit re bulk storage yard at 4145 Virginia Beach Boulevard DISTRICT 5—LYNNHAVEN Voting: 8-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Louis R.Jones,John D.Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer Rosemary Wilson January 21, 2020 4S3--G1141A• BEA, 04 , � Gt a City of Virginia Beach v - 2 0.4.44, j , �,` Irs 5 0 OF OUR NP 'eN VBgov.com JAMES L.WOOD January 21, 2020 PHONE: (757) 785-4342 COUNCILMAN-DISTRICT 5-LYNNHAVEN FAX (757)340-2082 J MOOD@ VBGOV COM Refer to File No. 0066721 Mrs. Amanda Barnes, MMC City Clerk 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 2.2-3112(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 the application of Greg McMakin for a conditional use permit for property owned by Mills Collins, LC and located at 4145 Virginia Beach Boulevard. 2. I have a personal interest in 208 Ash Avenue, L.L.C. That corporation owns property located near the applicant's property at 208 Ash Avenue, Virginia Beach, VA 23452. The corporation's principal office address is 3809 Thalia Drive, Virginia Beach, VA 23452. 3. I am a member of a group of more than three persons, namely persons with ownership interests in land (or ownership interests in businesses that own land) in the vicinity of the property that is the subject of this application. 4. 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. Sincer , James L. Woo Vice Ma 208 ASH AVENUE,SUITE 101,VIRGINIA BEACH,VIRGINIA 23452 JLW/RRI cA1,1111;*BE,4",-11\ 9ts �UR NAloN ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE January 16, 2020 FAX (757)385-5669 HONORABLE MAYOR MEMBERS OF CITY COUNCIL Dear Colleagues, I will be out of the city for family vacation and unable to attend the Informal and Formal Sessions on January 21, 2020. Sincerely, 64713k.90tivI/Letc' h> Rosemary Wilson cc: City Clerk City Attorney City Manager FOIA Officer 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 95 ITEM—VI-M.10 PLANNING ITEM#69995 The following registered to speak: John Davis, 341 Chesopeian Trail, Phone: 636-8000,Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower,seconded by Council Member Rouse, City Council,APPROVED, AS CONDITIONED,Application of JOHN H.DAVIS for a Conditional Use Permit re short-term rental at 1434 Gannet Run DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JOHN H. DAVIS for a Conditional Use Permit re short-term rental at 1434 Gannet Run (GPIN 2417526621)DISTRICT 6—BEACH The following conditions shall be required: 1. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for a Short Term Rental, where the short-term rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 2. No events with more than fifty (50)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 hundred(100)people shall be present at any event held on the property. 3. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the short term rental within thirty (30) minutes. Physical response to the site of the short term rental is not required. 4. If the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a" through "c" below. This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental registration form; b. Copies of the Commissioner of Revenue's office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one-million dollars. January 21, 2020 96 ITEM—VI-M.10 PLANNING ITEM#69995 (Continued) 5. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 6. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 7. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 8. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 9. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 10. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m. 11. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be three(3) individuals(three(3) individuals per bedroom). 12. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 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, on the 21' day of January Two Thousand Twenty. Voting: 5-3 Council Members Voting Aye: Michael F. Berlucchi, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Louis R.Jones John D. Moss Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer Rosemary Wilson January 21, 2020 i /*- ..- z 0 I. �a i __ O N i r C s h. ‘\:,....1.k• N OE co .,,w t‘- 1, ics.,sx 1 Q 0 - a _ Q .� 1 M M !t 1 I Lit 1 i I i Q E] ____ 1j C o III J CD LO Ct CO N a m Cle l_ 1 { 0 0 I 97 ITEM—VI-M.11 PLANNING ITEM#69996 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Council Member Moss, City Council, DEFERRED TO FEBRUARY 4, 2020, Application of JOSHUA LIPPOLDT for a Conditional Use Permit re short- term rental at 2508 Mediterranean Avenue DISTRICT 6—BEACH Voting: 8-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones,John D.Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer Rosemary Wilson January 21, 2020 98 ITEM—VI-M.12 PLANNING ITEM#69997 The following registered to speak.• Heather Koehler, 2513 Beaufort Avenue, Phone: 804-873-4503,Applicant, spoke in SUPPORT Katie Begley, 2516 Beaufort Avenue, Phone: 287-6030, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Steve Ambrose, 4913 Leatherneck Road, Phone: 621-5289, spoke in OPPOSITION Melissa Lake, 2412 Chubb Lake Avenue, Phone: 704-661-7625, spoke in OPPOSITION Sarah Houck, 5032 Lauderdale Avenue, Phone: 464-4989, spoke in OPPOSITION Upon motion by Council Member Jones, seconded by Council Member Moss, City Council, DENIED Application of SCOTT& HEATHER KOEHLER for a Conditional Use Permit re short-term rental at 2513 Beaufort Avenue DISTRICT 4—BAYSIDE Voting: 6-1 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Louis R.Jones,John D. Moss, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Aaron R. Rouse Council Members Abstaining: Guy K. Tower Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer Rosemary Wilson January 21, 2020 99 ITEM—VI-M.13 PLANNING ITEM#69998 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Wooten, seconded by Council Member Rouse, City Council, DEFERRED TO FEBRUARY 4, 2020, Application of ARMANDO & PATRICIA ELLIS for a Conditional Use Permit re short-term rental at 901 Park Landing Court DISTRICT I —CENTERVILLE Voting: 8-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones,John D.Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer Rosemary Wilson January 21, 2020 100 ITEM—VI-M.14 PLANNING ITEM#69999 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Berlucchi, seconded by Council Member Moss, City Council, APPROVED, Ordinances to AMEND Sections 233.1, 901, and 2003 of the City Zoning Ordinance(CZO) re eating and drinking establishments with drive-through facilities in the B4-K Historic Kempsville district(Requested by Council Member Abbott) Voting: 8-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer Rosemary Wilson January 21, 2020 REQUESTED BY COUNCILMEMBER ABBOTT 1 AN ORDINANCE TO AMEND SECTION 901 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO EATING AND DRINKING 4 ESTALBLISHMENTS IN THE B-4K DISTRICT 5 6 Section Amended of the City Zoning 7 Ordinance: § 901 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 901 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 901. - Use regulations. 19 20 (a) Principal and conditional uses. The following chart lists those uses permitted within 21 the B-1 through B-4K Business Districts. Those uses and structures in the 22 respective business districts shall be permitted as either principal uses indicated by 23 a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 24 "X" shall be prohibited in the respective districts. No uses or structures other than as 25 specified shall be permitted. 26 B- B- B- B- B- , B- B- . Use 1 � 1A2 j3 414C14K . . . . 1 i Eating and drinking establishments with drive-through X X PPP X XC windows, except as specified below j 27 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 st day of January , 2020. APP,,pp VED S 033 CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: iii<j( -- b 'PIP ‘ - Q Planning epartnient City Attor ey's Office CA14953 R-2 December 4, 2019 REQUESTED BY COUNCILMEMBER ABBOTT 1 AN ORDINANCE TO AMEND SECTION 233.1 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO EATING AND DRINKING 4 ESTABLISHMENTS WITH DRIVE-THROUGH 5 WINDOWS 6 7 Section Amended of the City Zoning 8 Ordinance: § 233.1 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 233.1 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 233.1. - Reserved. Eating and drinking establishments with drive-through 20 windows. 21 22 O) Drive-through facilities shall be located on the same parcel as the structure 23 within which the principal use for the drive-through is located; 24 25 �) Drive-through facility lanes shall not be located between the building and the 26 right of way unless screened with a Category I landscape buffer in addition to 27 all landscaping required by the City Zoning and Site Plan Ordinances; 28 29 Drive-through facilities shall not utilize exterior speakers that are audible at 30 the property line adjacent to residential property; 31 32 Drive-through facilities shall not operate from 12:00 midnight — 5:00 a.m.; 33 34 Drive-through facilities shall be restricted to one lane; 35 36 f) There shall be no signs for the drive-through facility on the building or site, 37 with the exception of directional signs not visible from a public right-of-way. 38 Such signs shall not be internally illuminated; 39 40 (q) An overhead canopy for the drive-through facility shall be allowed, except that 41 such canopy shall not project more than four (4) feet from the wall of the 42 building above the drive-through window and shall not exceed the width of the 43 drive-through window by more than one (1) foot on each side. In no case, 1 44 however, shall a drive-through facility have an overhead canopy that extends 45 to cover the total length of the drive-through lane; and 46 47 The architectural design shall conform to the purpose and intent of the 48 Historic Kempsville Area Master Plan. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t day of January , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1•4-'ff?ClPlanning D 'ent City A ey's Office CA14954 R-2 December 4, 2019 2 REQUESTED BY COUNCILMEMBER ABBOTT 1 AN ORDINANCE TO AMEND SECTION 2003 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO EATING AND DRINKING 4 ESTABLISHMENTS IN THE HISTORIC 5 KEMPSVILLE AREA OVERLAY DISTRICT 6 7 Section Amended of the City Zoning 8 Ordinance: § 2003 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 2003 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 2003. - Use regulations. 20 21 (a) Principal uses. Subject to general requirements and to the regulations of the 22 underlying zoning district, all uses and structures permitted as principal uses in the 23 underlying zoning district in which they are located shall be permitted as principal 24 uses within the Historic Kempsville Area Overlay District, except as set forth in 25 section 901 of this Ordinance. 26 27 (b) Accessory uses. Subject to general requirements and to the regulations of the 28 underlying zoning district, all uses and structures permitted as accessory uses in 29 the underlying zoning district in which they are located shall be permitted as 30 accessory uses within the Historic Kempsville Area Overlay District. 31 32 (c) Conditional uses. Subject to general requirements and to the regulations of the 33 underlying zoning district, all uses and structures permitted as conditional uses in 34 the underlying zoning district in which they are located shall be permitted as 35 conditional uses within the Historic Kempsville Area Overlay District, as well as the 36 following uses and structures: 37 38 (1) Multiple-family dwellings in the B-4K (HK) Mixed Use District; 39 (2) Attached dwellings in the B-4K (HK) Mixed Use District; 40 (3) Commercial parking lots, parking garages and storage garages located in the 41 B-2(HK) Community Business or B-4K (HK) Mixed Use Districts; an4 42 (4) Drive-through facilities for drugstores, in accordance with the provisions of 43 section 233.02, in the B-4K (HK) Historic Kempsville Mixed Use District-; and 1 44 Eating and Drinking Establishments with drive-through windows, in 45 accordance with the provisions of section 233.1, in the B-4K (HK) Historic 46 Kempsville Mixed Use District. 47 48 . . . . 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t day 51 of January , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA14952 R-2 December 4, 2019 2 101 ITEM VI-N. APPOINTMENTS ITEM#70000 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —BUILDING MAINTENANCE DIVISION —ELECTRICAL DIVISION —PLUMBING AND MECHANICAL DIVISION BROADBAND STEERING COMMITTEE CITIZENS COMMITTEE ON BOARDS AND COMMISSION COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD January 21, 2020 102 ITEM VI-N. APPOINTMENTS ITEM#70001 Upon NOMINATION by Council Member Jones, City Council APPOINTED: WILLIAM HEARST Three year term 1/21/2020- 12/31/2022 BAYFRONT ADVISORY COMMISSION Voting: 8-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer Rosemary Wilson January 21, 2020 103 ITEM VI-N. APPOINTMENTS ITEM#70002 Upon NOMINATION by Council Member Jones, City Council APPOINTED: BRYAN HICKMAN Three year term 1/21/2020- 12/31/2022 BIKEWAYS AND TRAILS ADVISORY COMMITTEE Voting: 8-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer Rosemary Wilson January 21, 2020 104 ITEM VI-N. APPOINTMENTS ITEM#70003 Upon NOMINATION by Council Member Jones, City Council APPOINTED: MARK STEVENS Unexpired term thru-3/31/2022 HUMAN RIGHTS COMMISSION Voting: 8-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones,John D.Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott Mayor Robert M. Dyer Rosemary Wilson January 21, 2020 105 ITEM VI-N. APPOINTMENTS ITEM#70004 Upon NOMINATION by Council Member Jones, City Council APPOINTED: JOHND.MOSS (Represents City Council Member—At Large) ROSEMARY WILSON (Represents City Council Member—At Large) No Term IN-HOUSE PHARMACY EXPLORATORY COMMITTEE Voting: 8-0 Council Members Voting Aye: Michael F.Berlucchi, Barbara M. Henley, Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer Rosemary Wilson January 21, 2020 106 ITEM VI-N. APPOINTMENTS ITEM#70005 Upon NOMINATION by Council Member Jones, City Council REAPPOINTED: ELIZABETH DIETZMAN LOUIS SCHAGER Five year term 3/1/2020-2/28/2025 MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE Voting: 8-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley,Louis R. Jones,John D.Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer Rosemary Wilson January 21, 2020 107 ITEM VI-N. APPOINTMENTS ITEM#70006 Upon NOMINATION by Council Member Jones, City Council APPOINTED: JILL EWELL (Liaison—Representing Parks and Recreation Commission) Three year term 1/21/2020- 12/31/2022 OPEN SPACE ADVISORY COMMITTEE Voting: 8-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley,Louis R. Jones,John D.Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer Rosemary Wilson January 21, 2020 108 ITEM VI-N. APPOINTMENTS ITEM#70007 Upon NOMINATION by Council Member Jones, City Council REAPPOINTED: SHARON BROWN DANIEL DES ROCHES ED JONES Three year term 3/1/2020-2/28/2023 PERSONNEL BOARD Voting: 8-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D.Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott Mayor Robert M. Dyer January 21, 2020 109 ITEM VI-N. APPOINTMENTS ITEM#70008 Upon NOMINATION by Council Member Jones, City Council APPOINTED: DONALD PIRON JR. (Public Utilities) Unexpired term thru 3/31/2024 STORMWATER APPEALS BOARD Voting: 8-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Louis R.Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer Rosemary Wilson January 21, 2020 110 ITEM VI-N. APPOINTMENTS ITEM#70009 Upon NOMINATION by Council Member Jones, City Council REAPPOINTED: STEVE BARNES JOSEPH EDWARDS ROBERT WHITE Three year term 3/1/2020-2/28/2023 TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE Voting: 8-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer Rosemary Wilson January 21, 2020 111 ITEM VI-N. APPOINTMENTS ITEM#70010 Upon NOMINATION by Council Member Jones, City Council APPOINTED: ANDREW FRIEDMAN Unexpired term thru 12/31/2020 Plus four year term 1/1/2021—12/31/2024 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Voting: 8-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Louis R.Jones,John D.Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer Rosemary Wilson January 21, 2020 113 ADJOURNMENT ITEM#70011 Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 8:11 P.M. • e ius Chief Deputy City Clerk manda Ba es,MMC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia January 21, 2020 112 ADJOURNMENT ITEM#70011 Vice Mayor James L. Wood DECLARED the City Council Meeting ADJOURNED at 8:11 P.M. "At . e ' James . Woo Chief Deputy City Clerk Vice M.1 or A nda Barn , MC R rt M.Dyer City Clerk Mayor City of Virginia Beach Virginia January 21, 2020