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JULY 14, 2020 FORMAL SESSION MINUTES i,A Ing �.A J.c ;. a -kg C',s,.p (L2' t S) 4 6ao��gd tr OF OUR NA1, VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 14, 2020 Mayor Dyer called to order the CITY MANAGER'S BRIEFINGS in the City Council Chamber, City Hall, on Tuesday, July 14, 2020, at 2:00 P.M Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Louis R.Jones—Arrived after recess into Closed Session 2 CITY MANAGER'S BRIEFINGS POTENTIAL SHORT-TERM PARKING LEASE AT LYNNHAVEN MUNICIPAL MARINA ITEM#70493 2:02 P.M. Mayor Dyer advised the COVID-19 Public Health and Safety Update will be briefed last due to a scheduling conflict with Dr. Lindsay. Mayor Dyer welcomed Michael Kirschman, Director-Parks and Recreation. Mr. Kirschman expressed his appreciation to City Council for their continued support: Lynnhaven Municipal Marina Potential Lease of Parking Spaces -Wyk �• �, ai, '� y, -._._ ' s . O/ City Council Briefing July 14,2020 Michael Kirschman Director.Parks and Recreation Here is the Facility Information: . Facility Information • Constructed 1969 • 2.48 Acres o • 50 Wet Slips—All Filled with Waiting List • Slips Rented via Annual Permit Rental Agreement ' 'r • Current Annual SlipRental Fees:$2,067-$3,452 • Commercial and Auxiliary Mooring Areas ti I, " • 7 Slips for Police,Fire,EMS `S'~ n t • 90 Parking Spaces ®� • Bulkhead Failure 2016—Repaired 2019-2020 • 1981/1982 Army Corps of Engineers Cooperative Dredging Agreement—City to Provide Public Berthing Space for Recreational and Commercial Use July 14, 2020 3 CITY MANAGER'S BRIEFINGS POTENTIAL SHORT-TERM PARKING LEASE AT LYNNHAVEN MUNICIPAL MARINA ITEM#70493 (Continued) Facility Parking Information • City Zoning Ordinance,Section 236,requires 0.50 Off-Street Parking Space Per Boat Slip=25 Required Minimum Parking Spaces for Slipholders Facility Parking Background •August 2007—Short-Term Parking Lease—Not Executed • October 2007—Long-Term Facility Lease—Not Executed • October 2013—General Public Parking Request—Not Executed • February 2014—Short-Term Parking Agreement with Chick's Marina Properties LLC for 46 Spaces—Chick's Oyster Bar Restaurant Parking Lot Renovations • May 2018—Short-Term Parking Agreement with Chick's Marina Properties LLC for 40 Spaces—Construction Easement Needed for Marina Bulkhead Repair •May 2020—Temporary Parking Agreement with Chick's Marina Properties LLC for 24 Spaces—Until Lease can be considered by City Council Here is an overview of the Parking Request: Parking Request • Chick's Marina Properties LLC(aka $ Chick's Oyster Bar)has requested Short- Term Lease of 24 Facility Parking Spaces •April thru September Minimum +w •Annual Lease with Annual 1-Year Renewals,not to exceed total of 5 Years s • Lease Rate=$50 per space per month= $1,200 monthly • 24 Spaces in Lower-Use Area of the - f Marina .•• NW +; July 14, 2020 4 CITY MANAGER'S BRIEFINGS POTENTIAL SHORT-TERM PARKING LEASE AT LYNNHAVEN MUNICIPAL MARINA ITEM#70493 (Continued) Here are the Next Steps: Next Steps — Potential Lease of Parking Spaces •July 2°d—Friday package to Council;if briefing desired,proposed for July 14th Formal Session •July 5th—Public Hearing Ad in Beacon •July 6°h—Notify Current Slipholders,Nearby Residents,and Civic Associations •July 14°h—Public Hearing •July 21°"—City Council Vote •August 1a0—Execute Lease QUESTIONS? `= Mayor Dyer expressed his appreciation to Mr. Kirschman for the presentation. July 14, 2020 5 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 2:14P.M. Mayor Dyer welcomed Bobby Tajan,Director—Planning,Bill Landfair, Planning Evaluation Coordinator and Kevin Kemp, Zoning Administrator. Mr. Tajan expressed his appreciation to City Council for their continued support: CS[y• <J Virginia Beach 0 / PlanningItems July 21" & 28th City Council Meetings There are nine(9)Planning Items scheduled for July 21S`: SUMMARY -July 21St 9 Planning items scheduled for City Council's consideration 1.Melissa&Paul Venable—Lynnhaven District -' • Alteration to Existing Nonconformity _ • Recommended for Approval by Planning Commission&Staff u.aa.a a Paul Vonatft • 2.Linda M.Addison—Centerville District u a ••, • C.p.00.„a.OpeT • Conditional Use Permit(Home-Based Wildlife Rehabilitation Facility) • Recommended for Approval by Planning Commission&Staff vas lashes a Spa 3.Vogue Lashes&Spa Beach District "' • Conditional Use Permit(Tattoo Parlor) / _ •minas ls:Prren • Recommended for Approval by Planning Commission&Staff^ al the A / s +r• - '-" S6 -^ A.Church of the Ascension—Kempsville District d s ,,,a• ".> 1 • Modification of Conditions(Religious Use) '-1 . c7 aw.",„ / • Recommended for Approval by Planning Commission&Staff , , s 5.Emmanuel B.Piston—Bayside District ("c"I'unriaM.Aaax n, AY Uncle,Addison .iu. pMentle • Conditional Use Permit(Automotive Repair Garage)) c.t. • Recommended for Approval by Planning Commission&Staff s. 004: July 14, 2020 6 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) SUMMARY — July 21st 9 Planning items scheduled for City Council's consideration j-----_____-,.. 6.RyChae LyNea Reed—Kempsville District - • Conditional Use Permit(Family Day-Care Home)) „ Massa,t v.w Wn.D� • Recommended for Approval by Planning Commission&Staff ". , 7.INKcredible Tattoo,LIC—Princess Anne District # S .Lorna C.Donato,oval • Conditional Use Permit(Tattoo Parlor) 1 It • Recommended for Approval by Planning Commission&Staff Lashes•tea 8.Lorna C.Donatone,QPRT,Scott&Katherine Morin—Lynnhaven District Q Bmr, La P on -"'a' "''� • Conditional Use Permit(Community Boat Dock) ¢ _ rar .1- \ • Recommended for Approval by Planning Commission&Staff w,•;_ aae� 1 J 9.City of Virginia Beach—Amendment to Section of Zoning Ordinance `awPo, f$ re:setbacks for inground pools adjacent to Atlantic Ocean I r .� v. a • Recommended for Approval by Planning Commission&Staff qua.Sd.. +er _ - Undo M.AEUMon N. 1}MINKemdibM Tattoo,LAX GRimun rf` o..,,,..a.,. ,coo A § } 3 MELISSA & PAUL VENABLE Item Council District Lynnhaven Location 213&215A 69th Street \ F _ ._ ..- \..\------, ec2,y \esyv_fi, dc,\ ,, — \ \ _.: [ t , ,....-•\- \ -- \\ t ( � -r c3ii-'N" < , `, i Fc,\ , Ste. ALTERATION TO EXISTING NONCONFORMITY Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval a July 14, 2020 7 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) I P - 213&215 69th Street Residential } Ill \ I • Alteration to Existing Nonconformity ;�--F- requested for expansion of 2nd story of — , ° >11. ' existing duplex • 3 legally nonconforming dwelling units on 1a lot i yI. • Proposed changes include new roof and 4 - dormer on rear of structure • No increase or change in building height, footprint,or front elevation s MELISSA&PAUL VENABLE Item 1 LINDA M. ADDISON Item Council District Centerville Location 1717 Dancers Court 2 �� t ors, ��``t -I,,,�, 3,, , A L` �� '� _,- , , ...- ,,,,,-\ ,\ ,--\ _ ,, \ j n %'y% c . CONDITIONAL USE PERMIT(Home-Based Wildlife Rehabilitation Facility) Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval July 14, 2020 8 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) �� MP4rn LANDING(Sfluu r LA KYRHCIP ry 'r i1'' Ig l rth • (srumer LAKE) /� 5 ,IIA1 Yf t ` PYM•eRrr or drr or NOR OLA 1 1✓ •xis• 338 l; row<A - z „_ do ! ¢ Outdoor Crate 111 6'T�� r ' °for Boa Turtles Only FlF ` r„r I.'L I 6'TMl NEW • Conditional Use Permit requested for • 1 Home-Based Wildlife Rehabilitation I* I share ' ' "1. • Limited to indoor urgent,emergency care DANCERS COURT for animals plus outdoor care of box turtles • Applicant licensed Veterinary Technician LINDA M.ADDISON Item 2 VOGUE LASHES & SPA Item Council District Beach Location 993 Laskin Road 3 t %..,. d 1 L ._SA o= t t rill' s �; "'.w- : 'i . CONDITIONAL USE PERMIT(Tattoo Parlor) Staff recommends Approval Planning Commission voted 8 to 0 to recommend Approval a July 14, 2020 9 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) 1N 10 (ASKIN ROAD CAR WIDTH R/AV) d1 Mart VS II ) (�1A� T arm NJf10'OOt 1MQpD) .Pm0 , O..=su Manse..D.0 1 OM \�'Y be CM x c r,.. MO)! n 2 14e q ' 1 It.a • Fop yy 7 a.:, SEAMY SUOK ,W a AND " S2 . rarao PARLOR ,7r L sm101011 113.1 r(r)¢n)(on rea ' ' " \y. • Conditional Use Permit for a Tattoo Parlor "°°(PUT) specializing in microblading within existing beauty salon • Building undergoing interior and exterior renovations • Recommended conditions require conformance with current sign regulations , VOGUE LASHES&SPA Item 3 Mr. Tajan turned the presentation over to Mr. Landfair: CHURCH OF THE ASCENSION Item Council District Kempsville Location 4853 Princess Anne Road 4 i , „..s „....., , ,,,,,,v, ,,,\,,,,,,,- iri,,,---- , , .., ,... ..,,, , ; ...... ,, .,..„ ,,..-"\,,, ,s',, o,. ,,,, t �rol ! .0d rn _G `.: MODIFICATION OF CONDITIONS(Religious Use) Staff recommends Approval Planning Commission voted 8 to 0 to recommend Approval 10 July 14, 2020 10 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) • Existing church built in 1965 yV $ F ,6 • Modification of Conditions requested to permit 2,800 sf 1-story administrative office • '' i • Addition will complement the architecture Addition and character of existing building location • Ample parking provided 1011 is ill 11111 I [ [ 11 ,1_ 411111 u CHURCH OF THE ASCENSION Item 4 EMMANUEL B. PLATON Item Council District Bayside Location 5044 Cleveland Street 5 _ , `•_ I C ! , ' -I — .._..� a �� j ik 1 N VZ. 1 [11 /�i i \ ,-,..-:-..,:.= Ns. CONDITIONAL USE PERMIT(Automotive Repair Garage) Staff recommends Approval Planning Commission voted 8 to 0 to recommend Approval 12 July 14, 2020 11 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) s,.a. as OUT -' - - zo" tz� LOT 20 . i. Y Q n Existing Building n5 a _ idor LOT 21 z .,xssw.n. — '•ram _ .... .. .: Existing LOT 22 ca+c _- eTan Existing nonconforming � iopartss n5flk sign to be removed ' Spaces - — +�}�-+ � `• Eai#in(2fY N E6175OC'W 125.00' Fr...t.ndin6 Sian to be removed CLEV'ELAN0 SIRELT ( 60• R/W ) • Automotive repair services provided on site since 1970 • Proposed expansion of business to add paint booth now requires Conditional Use Permit • No other exterior changes or expansion of building proposed 13 EMMANUEL B.PLATON Item 5 RYCHAE LYNEA REED Item Council District Kempsville Location 1674 Dylan Drive 6 CONDITIONAL USE PERMIT(Family Day-Care Home) Staff recommends Approval Planning Commission voted 8 to 0 to recommend Approval 1• July 14, 2020 12 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) �°e OVUM trO ,N � Shed MIS Meaty o. erNesAn. r,t Fenn rn an • Request for in-home day care for up to 12 children(final number will be approved by Social Services)in the Brandon neighborhood • Applicant resides in the semi-detached dwelling and has over 20 years experience caring for children • Enclosed fenced-in backyard for children to play ss RYCHAE LYNEA REED Item 6 INKCREDIBLE TATTOO, LLC Item Council District Princess Anne Location 1630 General Booth Boulevard,Suite 112 7 • ' l % Qq /11 ! �if I d �` r f (jof ,.pp., �j / l � s.roMF I1 p Co 4.,R7 CONDITIONAL USE PERMIT(Tattoo Parlor) Staff recommends Approval Planning Commission voted 8 to 0 to recommend Approval 16 July 14, 2020 13 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) P INKcredible tattoo CIINAKI LED lETTCAr OM RACEWAY FACE. MATE RrT1RIMr ALA. MN-arrrnSLACK EV SLACK WT.FADE INO. • Conditional Use Permit request I -.. fora Tattoo Parlor within existing --- - -- 2,500 sf unit in shopping center ,'�4 • No exterior changes proposed, "" except for building mounted sign • Parking in shopping center adequate to accommodate use 17 INKCREDIBLE TATTOO,LLC Mr. Landfair turned the presentation over to Mr. Kemp: LORNA C. DONATONE,QPRT, SCOTT& KATHERINE MORIN Item Council District Lynnhaven Location 1421&1423 Blue Heron Road 8 ✓ ,I v , (r •y1G CONDITIONAL USE PERMIT(Community Boat Dock) Staff recommends Approval Planning Commission voted 8 to 0 to recommend Approval 18 July 14, 2020 14 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) E.B.OF LYNNHAVEN A RIVER 1.10• • 1111 REPLACE IMAM el WE " FOOIMNrONTOIINDI Nte4 tom•-sq� w�9'o:1 _ .. i ull!' 1011 :lam • Conditional Use Permit requested for shared dock between adjacent property owners in the Shorehaven subdivision • Proposal replaces dock damaged during Hurricane Dorian • WA submitted,approval required by City Staff,US Army Corps of Engineers,and Virginia Marine Resources Commission 19 LORNA C.DONATONE,QPRT ET AL. Item 8 CITY OF VIRGINIA BEACH Item 9 An Ordinance to amend Section 201 of the City Zoning Ordinance pertaining to setbacks for inground pools adjacent to the Atlantic Ocean Staff recommends Approval Planning Commission voted 8 to 0 to recommend Approval 20 July 14, 2020 15 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) Summary of Proposed Ordinance Amendment • Section 201(a)(1)specifies that an in-ground pool may be no closer than 20-feet to a rear property line on a through lot a" I � M • Amendment allows in-ground pools to be 5 feet from a " "'''....,- - •�� ta rear property line adjacent to the Atlantic Ocean ) t . �v � ="�:�C,' z .� I to _ s •• Reduced setback is necessary due to the unimproved I' • 04 �a r y right-of-way(Atlantic Avenue/Boulevard) ,,,!E €,ia .• 17411 el... nl. • Setbacks already reduced for R-5R properties(located IM oa a0c IlnR north of 49th Street) 21 CITY OF VIRGINIA BEACH Item 9 There are thirteen (13)Planning Items scheduled for July 28h: SUMMARY - July 28th 13 Planning items scheduled for City Council's consideration 1.&2.Vacation Properties,LLC—Beach District • Conditional Use Permit(Short Term Rental) • Recommended for Approval by Planning Commission&Staff —\ ,�,,,,,,,,•�„•„••, 3.&4.Allen Prince—Beach District • Conditional Use Permit(Short Term Rental) I .„.,..•' • Recommended for Approval by Planning Commission&Staff 5. 5.Mission Enterprises,LLC—Beach District • Conditional Use Permit(Short Term Rental) + y' ,r • Recommended for Approval by Planning Commission&Staff • ". 5, =� ......sec • 6.Janet Marino—Beach District kJ/J /�"' - • Conditional Use Permit(Short Term Rental) _'- _/ `""�. � � • Recommended for Approval by Planning Commission&Staff- _ °F"'" "— " .5m:a `V .w" ....S f1 s '.""'.•..t 7.&8.Aria Atkins&Melvin L.Atkins,III—Beach District y _ \ \ • Conditional Use Permit(Short Term Rental) ,m / % _„•i E • Recommended for Approval by Planning Commission&Staff :t•Y. /s`-i 22 July 14, 2020 16 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) SUMMARY - July 28th 13 Planning items scheduled for City Council's consideration 9.William&Marie Burkholder—Bayside District • Conditional Use Permit(Short Ter Rental) h / • Recommended for Approval by Planning Commission&Staffm. // „,a„,•,,,„;‘•. 10.HMC,LLC—Bayside District ' • Conditional Use Permit(Short Term Rental) Bt ,o•''" . 1 • Recommended for Approval by Planning Commission&Staff '/�-� • S 11.Emily Perdondn&Dennis Smith—Lynnhaven District I �4 ,� • �� • Conditional Use Permit(Short Term Rental) l 7 w�' ,b • Recommended for Approval by Planning Commission&Staff 1 a"''r-"' •yg /> a r".•�LL= J I ._. ..e...t. 12.Geoffrey Whiteside—Lynnhaven District • Conditional Use Permit(Short Term Rental) :"^+ � ,,„„i a • Recommended for Approval by Planning Commission&Staff I .-----. 1 / t ^•••—•.: `-'1 13Justyce Swango—Beach District .^.^ i9 Is a • Conditional Use Permit(Short Term Rental) _\ ,y • Recommended for Approval by Planning Commission&Staff.b• 33 CONDITIONAL USE PERMIT—Short Term Rentals Items 1-13 • All Recommended for Approval by Staff&Planning Commission (*Consent Agenda) Beach District Bayside District 1.&2.Vacation Properties,LLC 9.William&Marie Burkholder 3.&4.Allen Prince 10.HMC,LLC 5.Mission Enterprises,LLC 6.Janet Marino Lynnhaven District 7.&8.Arica Atkins&Melvin L.Atkins,III 11.Emily Perdoncin&Dennis Smith 13.Justyce Swango—Reconsideration by City Council 12.Geoffrey Whiteside a July 14, 2020 17 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) VACATION PROPERTIES, LLC Items Council District Beach 1 & 2 Location 304 28th Street Units 310&311 li : \ ..., ,:.‘ • ice'- • b, ••..� •� �%� �� CONDITIONAL USE PERMIT(Short Term Rentals) Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval 35 • Conditional Use Permit for 2 Short Term Rentals in 4I t condominium on property zoned OR Oceanfront Resort Li u �I it • 2,2-bedroom condominium units on 3rd floor .fWh ' r • 2 parking spaces required&provided on site for each unit - is.a.` - 4(n1DHP Fd a D N B-- Yj"•-u 1.--- ....3 'fir Y '•C-B._ .4_, totei,,,; its" . , .er ...A .7,-,i---, 9 X ' .__-_. --...__.___ Out _ VACATION PROPERTIES,LLC Items 1&2 July 14, 2020 18 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) ,,L, :it_v_3‘ ,, \ \v \ • - . ,..„,_,,,6_,_ ,,,..,_ __ __ . _ - ._..A. _ ,_,..,__.rvw. 4,.7,,,1_,_,,_, \ it; -t-wid -- t t,.t, \ r 10 'lip STATUS ) t � ----- ` `_ �ewwea 'y t -S O Linde,Renew � �_. �, �\ ., \ , O R.yeae ea f VACATION PROPERTIES,LLC Items 1&2 ALLEN PRINCE Items�� 4« Council District Beach 3 y_ Location 525 215Y Street,Units A& B ,Pil'it7f-t._. \\ ,i � r,,;�' • ,\,\ i `z+ _\ _._—: — 1 J -` -.air II *y`ti� ` _r----:----1--- - • � _, a ,, \ --- CONDITIONAL USE PERMIT(Short Term Rentals) Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval x' July 14, 2020 19 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) 20' ALLEY u'r ca 00 Gravel Parking Il=^/�-,. Area „,--I . 41 9'X18'Parking t 8 t t € k I SP aces { I 29 Iliii i Driveway i Pi • Request for 2 Short Term Rentals in a duplex ? ® I:, h on property zoned OR Oceanfront Resort • 991e ,,.OK • Unit A:2 bedrooms Ai 25 Unit B:3 bedrooms A,,, .4 A,vc. S>e,rm•. w.GO' • 5 off-street parking spaces required& 21st STREET provided with both alley and street access •' 21 ALLEN PRINCE-UNITS A&B Items 3&4 i - , ?. OF; is 30 ALLEN PRINCE-UNITS A&B Items 3&4 July 14, 2020 20 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) _ .-11:140.010,000 ioNtrt. IftiorlOPIZAAOL-mei 1 • oeeea 1111111111. O weu ae e. :�ti•N 11sds 11 31 ALLEN PRINCE-UNITS A&B Items 3&4 MISSION ENTERPRISES, LLC Item Council District Beach Location 517 Virginia Beach Boulevard 5 _ n \ _,---- r - 5c- _ ____---, i v--- -- — ---t , CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval u July 14, 2020 21 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) I ... • Conditional Use Permit for a Short Term Rental on property zoned OR Oceanfront Resort • 1,3 bedroom apartment located within 2nd floor '" •• M.., of a mixed-use building near the oceanfront LOT 10 s1199119_..3...Uu ,ww. .. .a • 3 off-street parking spaces required&provided on 1R as site •.,.::WI -- ._. ._a u MISSION ENTERPRISES,LLC Item 5 J\---- -j 00' -‘rilpli* =':ram f sootr ___,_,c_\_ -- iit -4%. ,--,c3:), _t_\ s•NMpaed TAS rs ‘' Vi\.e.- OVP---1lat �l 'S"�� . O u.d..R....MO%TA•S /""-- I I MISSION ENTERPRISES,LLC Item 5 °' July 14, 2020 22 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) JANET MARINO Item Council District Beach Location 951 Maryland Avenue 6 _____________,,_ ,__ ,__,-_,E: ';,'CL_il 1,1 PL' `titV''','I ,,- .. i L-- i Lj 'LI'ii t:ri—E-7:11:1131i''-ant7tr,IMI:r-'12r77/7-7----H t. CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval 35 .f COT / .O'On v. r e -= .r art % `- .. 8 0.1M3 `44.I -<� - ' E I laate. COMMON 10.1. ' i .r _ VIE 1 is X Townhouse , ' "alp _ 8 ' ' • Request for a Conditional Use Permit for Short o Ng 2 surface parking spaces Term Rental on property zoned A-24 Apartment _ �v. near the oceanfront uo ; ' "nZssr. ,.•n MARKAND AY£NU£ UW • 2-bedroom townhouse (sD RAY) • 2 off-street parking spaces required&provided 36 JANET MARINO Item 6 July 14, 2020 23 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) • Y X I >s � _.. ..� 4••,M l,"=, �\ •' -f A u9 ,a pyee 9 .4 1 ,iS• K ]I 1[ '' Venuer • ronwed C+ �. l - • Denied . a ��((((jjjj(('''''' Under Reeve*] I I - V en „ n JANET MARINO Item 6 ARICA ATKINS & MELVIN L. ATKINS, III Items Council District Beach 7 ( 8 Location 598 Pinewood Drive, Units 203&208 0 -- Uti• 1 t ..+ ' 1� ` .. _ \ - CONDITIONAL USE PERMIT(Short Term Rentals) Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval 38 July 14, 2020 24 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) k. F.,e. u ' lc' „...,:.*:„z..' .,•••141110- ,_„ • d dsxu . f • Request for Conditional Use Permit for 2 , � 1; Short Term Rentals on property zoned RT-3 Resort Tourist District near the oceanfront I Parking Spaces for Units 203 and 208 i • 2,1-bedroom units-Unit 203&Unit 208 • 1 off-street parking space for each unit required&provided39 Arica Atkins and Melvin L.Atkins,III Items 7&8 t-, 1 -�, f . 11 egi ••, tag. att �� 3 1i11�i •? `,•MIN + t- t ' rid- riiii • t N ;_ r. irk* .1%01itii °111°- teraci STATUS r q10 : ,Wily 1 • cee a p under aev.ew --��'rC �t r t II ARICA ATKINS&MELVIN L.ATKINS,Ill Items 7&8 July 14, 2020 25 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) WILLIAM & MARIE BURKHOLDER Item Council District Bayside Location 4472 Ocean View Avenue, Unit B 9 , _:„ -- i ,J 'r� • { ,\( /`>� '� / - `'v.•.,,h / l N`ao B iJ A311� j =sR", CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval Planning Commission voted 6 to 3 to recommend Approval .1 ^' t3 srnwn.eMw arN.r%S NNW bow) wky d''''' / 1 r 1 t IrI�\ Pr • Request for Conditional Use Permit for Short Term Rental on property zoned R-5R Residential (Shore Drive Corridor Overlay)District • 2-bedroom duplex • 2 off-street parking spaces required;2 spaces provided(1 under the unit,1 in the driveway) WILLIAM&MARIE BURKHOLDER Item 9 42 July 14, 2020 26 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) I uII/ rlyb s te tint rm' Armpit,,, ..lift-i „igv h8 In • •'. !•.. 4 u..N _ / � Nr 4; lar�rua lIisg 1r ls,p,p,'P ,, • permed '`\ p UnOr Rev.. T .„,----,'31e, 43 WILLIAM&MARIE BURKHOLDER Item 9 HMC, LLC Item Council District Bayside �O Location 4669 Merrimac Lane --... / , ' / -,--(-1\ , �� "'''..-/T1''''''''''''''''''''''''''''''''' ''''''''''' --'n--7C-)'-;; = / 11 i , 'Cam,`Cit- :' .re i CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval .. July 14, 2020 27 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) x , . V ��— ( r •a 1 ;� i e •Townhouse �- �� —fir . „c . ' • i. .. , - 3 Surface .2 \ , • Parking ;i. \\,. r paces • Request for a Conditional Use Permit for Short i Ili Term Rental on property zoned A-12 Apartment I .k District in Bayside Villas Condominiums I • 3-bedroom townhouse • 3 off-street parking spaces required&provided Merrimac Lane HMC,LLC Item 1i. 41* , , .. ). /0\ 1100 VA. 11/ _ 4R �r � en"nr • �/ F AI A ' -/,, `(��r0, 12 110, sTll7us �,. . • r1• �? t! oeo ea ''_:1a wea O ueae<Review grow 0 10 K HMC,LLC Item 10 July 14, 2020 28 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) EMILY PERDONCIN & DENNIS SMITH Item Council District Lynnhaven 11 Location 2306 Oak Street ro CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval 47 ' e4141M,aY yy LOT 405 1....! `3 p'riparking spaces ar • Request for Conditional Use Permit for Short Term Rental s on property zoned R-7.5 Residential District(Shore Drive Overlay)in the Cape Story by the Sea neighborhood 7/P. d • 3-bedroom single-family dwelling OAK sn r(50'R/M) • 3 off-street parking spaces required&provided b Arica Atkins and Melvin L.Atkins,Ill Item 11 July 14, 2020 29 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) ---' \ \ VMV,,F. %-. _ ♦h♦ ,. �lg♦ _lip0 -.-.-<- !,-- ' __----Ir;SVO:4-014.'4414*-4,air, 0 weer aevew G1:4c I`Si ♦♦ 1 C aey.zrea ♦♦-\ -,AI. 0001% 44.' G as EMILY PERDONCIN&DENNIS SMITH Item 11 GEOFFREY WHITESIDE Item council District tynnhaven Location 131 South Thalia Road 12 . .---- '� lJ �t . 1 - 7, ° 0 _,2. c i1 _ �,_ Ir ,, i � p - I l j '' �CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval 50 July 14, 2020 30 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) _MO , -\ r— r-- 0„, LOT 22 ,za EaSE.a, ... . F - IMilli I - - 111 • Request for a Conditional Use Permit for Short Term iy Rental on property zoned R-5D Residential District in the Thalia Village neighborhood //� t y 9'a 18'parking space • 3-bedroom single-family dwelling • 3 off-street parking spaces required;3 spaces provided s TMAL ;oAa 51 (1 in the garage,2 in the driveway) GEOFFREY WHITESIDE Item 12 1 s ■. _L= �ttrr.EN�= slinage_.r_ ■t ER I:'' I 0 o t u a - }tom r■.°i= .._IIPIIII LL t/ / xe :_" o -STATUS C. ''-."�' -- • 8kprovea : o V, • Denec _ ore O uncle,Revra 11x Ci Revs/wed 0 wales DdVe 52 GEOFFREY WHITESIDE Item 12 July 14, 2020 31 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) JUSTYCE SWANGO Item Council District Beach Location 521 Carolina Avenue 13 � \ t_; "w I - �._ y - i i \ „:.:4 y is r t ,Uo .--- a .� f ry' — •. , I,-- - - CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval,Planning Commission voted 9 to 0 to recommend Approval On 6/9/2020 City Council voted 4 to 7 to Deny,On 6/16/2020 City Council voted to Reconsider 53 ,44 . ... rre'' il t - I. 2 3 4 r • Request for a Conditional Use Permit for a Short Term -if• L` Rental on property zoned R-55 Residential District in the Shadowlawn neighborhood near the oceanfront CAROUNA AVENUE Driveway • 4-bedroom single-family dwelling fv 9,18' • 4 off-street parking spaces required&provided parking space 54 Justyce Swango Item 13 July 14, 2020 32 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70494 (Continued) • _tor+ cox fr-3 rr11 N •r# r 1\1 r\ i� ° O Ot arrr! .�ri .i rrsrrri1N Attu r Qser� • Istwows 0 I 1st* rot lc rM itow" soittgattquit sr: so 1;! U ik r rr ce>ear �1�Alt '�,� 'K/ O ones 1' a ; ; O Re9e eE Y� ~ SS (t Justyce Swango Item 13 Mayor Dyer expressed his appreciation to Mr. Tajan, Mr. Landfair and Mr. Kemp for the presentation. July 14, 2020 33 CITY MANAGER'S BRIEFINGS COVID-19 PUBLIC HEALTH AND SAFETY UPDATE ITEM#70495 2:42 P.M. Mayor Dyer welcomed Erin Sutton,Director—Office of Emergency Management and Steve Cover, Deputy City Manager. Mrs. Sutton expressed her appreciation to City Council for their continued support. Mrs. Sutton advised Governor Northam held a press release today and provided public health data by Region. The 7-day average in the Eastern Region has increased from 60 in June, to 346 today and the 7- day average for positive tests has increased to 10.1%. Mrs. Sutton advised the Governor's first step will be stronger enforcement and has tasked Dr. Oliver, Virginia Health Director, to send a letter to subordinate Health Directors reminding them of their enforcement responsibilities with direction to establish teams with representatives from the Departments of; Health, Agriculture, Human Services and ABC. The teams will conduct unannounced visits to restaurants and bars to provide enforcement. Mrs. Sutton advised Governor Northam will write all Mayors with public beaches, requesting updates on their beach plans. Governor Northam is considering an earlier cut off time for alcohol sales as well as evaluating other measures to curb the increase of cases. Mrs. Sutton advised there are 72,443 cumulative COVID-19 cases and 1,977 deaths in Virginia. The City has 1,993 cumulative COVID-19 cases and 32 deaths. The 7-day average has increased to 86 as well as the 7-day average for positive tests to 10.7%. There is a total of thirty-eight(38) cases for City employees with an increase of eight(8)since yesterday. Mrs. Sutton provided the following updates: City Recovery Operations • Reopening Plans will be reviewed for Public Utilities, City Clerk and Emergency Management Departments. • The Eviction Assistance Program closed out Phase I this week with 587 applications accepted; 266 completed and 321 not assisted. • The Housing Resource Center reopened with day programs operating at 50% (thirty (30) individuals working two shifts with fifteen (15) each). • On July 20th, the Central, Bayside, Law, Princess Anne and Kempsville Public Libraries will reopen with limited services Monday — Thursday 10:00 A.M. to 6:00 P.M and Friday - Saturday 10:00 A.M. to 5:00 P.M. • Human Services has received 6,868 SNAP Applications with approximately 60% of those eligible • There are 47 food pantries open Mrs. Sutton turned the brief over to Dr. Lindsay. July 14, 2020 34 CITY MANAGER'S BRIEFINGS COVID-19 PUBLIC HEALTH AND SAFETY UPDATE ITEM#70495 (Continued) 141 Vhgiaia tsccb Public Health COVID-19 in Virginia Beach JULY.14.2020 Here are the Key Measures—Forward Virginia: Key Measures- Forward Virginia Decreasing 14 day trend in Percent test positivity(PCR only) Downward trend in hospitalizations over 14 days(7 day average) Adequate PPE(Measure:Hospitals reporting difficulty obtaining PPE,Downward Trend) Increased testing and tracing Hospital capacity is sufficient We also look at: Decreasing trend in the number of new cases/deaths over 14 days July 14, 2020 35 CITY MANAGER'S BRIEFINGS COVID-19 PUBLIC HEALTH AND SAFETY UPDATE ITEM#70495 (Continued) This graphic provides the level of community transmission by region: • Minimal . VERN Moderate is Substantial RTHWE CENTRALS AILf This graphic displays the Eastern Region metrics of COVID-19 Disease Transmission Activity: 1 . mi=mum mcimm \.••••••••••A mewead .11:110•=....*1 aloe ' r, 1..r• 10 0 0 -7-. :j.-c7-\----.) • • .. , . 1•011 ..•=1.7100 1.4110.7.= .. • (1) 0 1 ... 0 le . ............., ...•........... 1 0 • ......„ ........ nr*.••••• ono, WV.I..... ••••••• ••••••••••• - - 1 0 . July 14, 2020 36 CITY MANAGER'S BRIEFINGS COVID-19 PUBLIC HEALTH AND SAFETY UPDATE ITEM#70495 (Continued) The Eastern Region— Transmission Level is categorized as, "Substantial Community Transmission": Eastern Region- Transmission Level Substantial community transmission As of 7/12/2020,the current status of COVID-19 in Eastern is moderate burden, increasing. Select Region Select Statistic for Graph Eastern 12 IIlletaaflnS Hlgh B,rde L... 21 Steady Moderate Burden Decreaming 'atrdan. Here are the Total Cases by Date Reported—Eastern Region: Total Cases by Date Reported-Eastern Region Number of new cases VDH reported by day. 1600 1400 1200 1000 800 600 400 �1 200 s l r 0 ,�0,-.,,r ,,, 1 Ihill iI�III 0 N-a N NroIloao N of-- 1�li I hill�1�110111/1��! ^. ,,y,.,l - }}}1!!},,.,,, �;r N.,,,�.r„ rrrr.'II,I,�. 1 �, zif IN H r'NI r n n H o nA o N N _ N N . N N it O it i- W pN1 .Ma .N-i N N O -~-10 .mi N T $ . -. ..-I N ,.. N N A O e+e N N O O O pp oo O O O O S O 0 0 0 0 0 0 0 0 O O O.G.O O O O O O n O O in; imi July 14, 2020 37 CITY MANAGER'S BRIEFINGS COVID-19 PUBLIC HEALTH AND SAFETY UPDATE ITEM#70495 (Continued) The number ofpositive tests in the Eastern Region has increased to approximately 9.5%: Number of hgYTased.Number of leosl.e Tests,a. • Pef t Po....by t...n Oat.ICt osr- p p°^'°•' _ _ 00, aaaIaaaaaa�iaeaaaaPSaSaaae68e sdraty.atYe—ee.e..twoe... Numbet of People Tat.,Number of IO.pr Test,end percent Iobnelty by lab aepen Date,ICJI Only Eastern neg., nox 2110, wR Yyr.r ¢ �t (y R rl`i@alp 00S s �R�gR4�g�g�gg�g3�� Qg3�2�e�¢x eSfia��a��aia�iaaaaaa��6aaa5888e Here are the COVID-19 Cases by Day from February Is`to July 13th: Covl0-19 Cases by Day as of 13JUL2020 Veyua Beam C ity W i 60 E xo 01peb Web 0lM• 16M. 01ap 16asa 01May's.a, _,a •IC( C';u tb:a 2020 New cse, t.day mown;0.e,09e July 14, 2020 38 CITY MANAGER'S BRIEFINGS COVID-19 PUBLIC HEALTH AND SAFETY UPDATE ITEM#70495 (Continued) The number of patients hospitalized with a positive or pending COVID-19 test has been increasing since June 26`h: Number of Patients Hospitalized with a Positive or Pending COVID-19 Test- Eastern Region 1600 1400 1200 1000 800 600 400 200 iiillil �! R xa � gQ � Q ggIggg oQ g gQxQQaQQ � SSa > Sa � ag > 5 �' e � � c � a a s a a S a ffi I k. r G i4 g 1 o 0 0 0 0 MINumber of Patients Hospitalized with a Positive or Pending COVID-19 Test- _ Virginia Excluding the Eastern Region Here are the Demographic Characteristics of Cases: Demographic Characteristics of Cases tgi COVID-19 Cases by Age&Sex v N'Beach Public Health 359 The Number of COVID-19 Cases 2414 through 0710312020 in Virginia Beach Is 1255 cases. 259 Their mean(Standard Deviation(SD)) s 1.4 of 43.8 is age (21.2) . a2x,w 1? g years E a r 11x 57x 65x �9I4 About two thirds of the Cases(66%) ,w aged between(20-60)years. 1ao K 7,L 1� I iIii1 <20 20-79 30-39 4049 50,59 6049 7079 90, •F.n49. 45 145 113 99 66 77 34 04 •NYM 51 153 96 61 69 94 37 26 Total 97 301 200 171 156 142 71 90 July 14, 2020 39 CITY MANAGER'S BRIEFINGS COVID-19 PUBLIC HEALTH AND SAFETY UPDATE ITEM#70495 (Continued) Here is the Trend in Age Distribution of the Cases Over Time: Trend in Age Distribution of the Cases Over Time Mean(SD)of Age of the COVID-19 Cases over Public Heath time )e • This graph represents the mean age of the cases in e . . Y axis at each date on X axis. _mow • The mean age of the cases have declined from 51 30 to 44 years due to the increase in cases in the :a younger age groups. t9 ---rnem Date This graphic provides a comparison of Age Distribution vs. Hospitalization Cases: Trend in Age Distribution of the Cases vs.Hospitalized Cases la �• ni.Beach Age Stratified Number of COVID-19 Cases Over Age Stratified Number of COime Hospibirted Uses dGEr'. Time Public Heath u° lime E UP. e a a - a 6 I I ! - e e z t s r ^e .1 t i e 1 e i Date I F e r 3 a ] ! _ _ - Date 20-21r99nmmtossr.rsm•ma11t9sn 50-591un-6-46110latn.v.70.71t9on� t1m. July 14, 2020 40 CITY MANAGER'S BRIEFINGS COVID-19 PUBLIC HEALTH AND SAFETY UPDATE ITEM#70495 (Continued) Here is an overview of What VDH is doing: What VDH is doing •Increased emphasis on enforcing Governor's Executive Orders •Continued efforts to educate businesses and the public around public health preventive strategies •Enhanced public health response efforts with close monitoring of key indicators •Case investigations •Contact tracing •Adding staff to support these efforts •Enhancing testing •Planning for Immunizations •Support planning efforts of other agencies •Strike teams to address outbreaks and provide technical support to high risk settings Here is the Summary: Summary Virginia Beach and the Eastern Region are experiencing a dramatic and disturbing increase in COVID-19 cases We have returned to a level of widespread community transmission at a moderate level,the pace of which is rapidly advancing There has been a significant shift to a younger population in cases,with the greatest proportion in the 20—29 year age group Public health case investigations and observations show a major contributing factor is an increased socialization of extended(non- household)family and friends and large gatherings in bar areas of restaurants without observance of public health preventive measures— social distancing,facial coverings,etc. July 14, 2020 41 CITY MANAGER'S BRIEFINGS COVID-19 PUBLIC HEALTH AND SAFETY UPDATE ITEM#70495 (Continued) Summary - We are all part of the solution. What we each do personally and collectively matters Case investigation and contact tracing alone will not turn this tide Follow the public health preventive measures. Avoid crowds • Unfortunately,those outside our household, regardless of our level of comfort with them, pose and increase risk For socialization—limit if you can; KEEP YOUR CIRCLE TIGHT Dr. Lindsay turned the presentation over to Mr. Cover. Mr. Cover advised the beaches were crowded but peaceful and provided the following updates for the previous weekend: July le: • A house on the block of 3300 Sandfiddler Road had approximately twenty (20)people on the deck when it collapsed,five(5) were injured and four(4) were transported to the hospital. • There was a fatality on 60 and Atlantic Avenue when a pedestrian was hit by a vehicle. July llth: • There was a peaceful protest in Town Center • During the time of the protest, a dumpster fire was reported in the same area. A body was found inside the dumpster, an investigation is in progress. July 12m: • There were two(2)fires;a townhouse in the Green Run neighborhood and a garage in the Fox Fire neighborhood. July 14, 2020 42 CITY MANAGER'S BRIEFINGS COVID-19 PUBLIC HEALTH AND SAFETY UPDATE ITEM#70495 (Continued) Mr. Cover advised there is a protest planned and permitted for today. Protestors will march from the School Administration Building and travel down James Madison Boulevard, turn right on Princess Anne Road to march past the Police Headquarters and end at City Hall. Mr. Cover further advised he has received information of another protest planned for July 17`h on Atlantic Avenue and will provide more information as he is made aware. Mayor Dyer expressed his appreciation to Mrs. Sutton, Dr. Lindsay and Mr. Cover for the presentation. July 14, 2020 43 CITY COUNCIL DISCUSSION LEGISLATIVE ISSUES FOR GENERAL ASSEMBLY SPECIAL SESSION ITEM#70496 3:55 P.M. Mayor Dyer opened the discussion and welcomed Robert Matthias, Assistant to the City Manager for Government and Military Affairs. Mr. Matthias expressed his appreciation to City Council for their continued support. Mr. Matthias provided updates concerning the General Assembly. Mr. Matthias advised the General Assembly ended their session on March 13`'' with plans to fund several Democratic initiatives with the anticipation of increased revenue. Shortly after, the COVID-19 pandemic was declared, and the General Assembly estimated there would be a shortfall of$2-Billion in the current fiscal year with an unknown amount in the next. During the Veto Session in April, the shortfall was decreased to $1-Billion and, as of last week, has decreased to $230-Million for this fiscal year. Mr. Matthias advised the General Assembly has maintained an average budget deviation of 1.3%and the$230- Million shortfall is 1.1%, which keeps the budget on target. Mr. Matthias advised sales are up across the board with sales and gas taxes doing good. Mr.Matthias advised on August 18`'', the General Assembly is scheduled to convene with the Appropriations Committee where Governor Northam will provide the end of year fiscal report. Shortly after, the General Assembly will convene into session, but it is unknown right now what actions they will consider. Council Member Moss advised the Federal Government deserves credit for maintaining a healthy economy, the defense expenditures have been high and are stable. Council Member Moss asked how long the General Assembly will be in session. Mr. Matthias advised he did not know but estimated one (1) week. Mayor Dyer requested to have a joint meeting with the delegation, including the School Board prior to submitting the Legislative Package. Mr. Matthias advised he will schedule the meeting as requested. Council Member Henley asked Mr. Matthias if he had a synopsis of items the Region did not achieve last year to determine if those items should be pursued again this year? Mr. Matthias advised the Hampton Roads Caucus is having an electronic meeting on August 26th where they will discuss those issues. Council Member Moss advised the Region presented items last year that City Council was not aware of noting the dedicated source of revenue on the mass transit recordation tax. Council Member Moss advised City Council needs to be aware of those items so the body can discuss them and provide input to the General Assembly. Mayor Dyer expressed his appreciation to Mr.Matthias and City Council for the discussion. July 14, 2020 44 CITY COUNCIL DISCUSSION NOVEMBER REFERENDA ITEM#70497 4:10 P.M. Council Member Abbott opened the discussion and distributed a copy of Resolution Requesting the Circuit Court to Order that a Referendum Election Be Held on November 3, 2020 on the Question of Whether the Members of City Council Who Represent Each of the City's Seven Residence Districts Should Be Elected on a District-Basis Rather than an At-Large Basis, attached hereto and made a part of the record. Council Member Abbott advised it is her intention to add the Resolution to the next Agenda for a vote. Council Member Abbott advised there has not been a referendum on this since 1996, which means 62%of the City's electorates have not had the opportunity to weigh in on this issue and believes it is important to get an updated pulse of how the community feels. Council Member Moss advised he supports this and understands some believe the public needs more education on the subject but feels the public is informed and those that care will turn out to vote. Council Member Moss referenced the voting results from the Light Rail Referendum, noting there were more votes for that than some of the votes for Council Members who were on the ballot that year. Council Member Moss advised the deadline to adopt the Resolution is August 9`'' and requested to have a public hearing before placing the Resolution on the Agenda for consideration. Vice Mayor Wood advised this issue is different than the Light Rail Referendum as there was a grass roots group who wanted to defeat the project and City Council heard from them nonstop whereas he has not heard from anyone in years on this issue with the exception of Council Member Abbott. Vice Mayor Wood advised he believes there is an educational component to this since this system has been in place for quite some time and been proven in court to be legal as well as it has passed previous referendums to maintain the current system. Council Member Tower advised the way the Resolution is written provides only the pros of District voting and should also include the pros of At-Large voting to present an unbiased question. Council Member Tower advised he believes many people do not understand the current system and providing education is important. Council Member Abbott advised she is open to adding more information to represent both sides and suggested adding a page listing the pros and cons. Council Member Abbott advised 25% of voters are Generation X, 27% are Millennials and 10% are Generation Z and she would like to know what these groups would like. Council Member Rouse agrees the question should be presented neutrally and he has heard this issue come up in his conversations in the community. Council Member Wilson advised she has not heard anyone speak about this issue like she did with the Light Rail Referendum and expressed concern with voting turn out due to the Coronavirus pandemic. July 14, 2020 45 CITY COUNCIL DISCUSSION NOVEMBER REFERENDA ITEM#70497 (Continued) Council Member Henley agreed to have a public hearing prior to voting on the Resolution and believes a tremendous amount of public discussion is necessary and vital as this could change our system of government for the City including the School Board. Council Member Henley expressed concern with the ability of holding enough public discussions due to the pandemic. Council Member Wooten advised there was a recent survey that showed 71%of citizens were interested in addressing this issue on a referendum and added it was an issue she often heard about during her 2018 campaign. Council Member Abbott agreed to hold a public hearing next week and then placing the Resolution on the Agenda for the following week. Mark Stiles, City Attorney, asked for direction on advertising the public hearing and what changes need to be made to the wording of the Resolution? Vice Mayor Wood advised it is not a good idea to re-write the Resolution at the dais, the document should stand on its own for the public hearing and can be editorialized afterwards, if necessary. Council Member Berlucchi advised he is agreement with the need for a public hearing and believes both sides of the issue should be presented to the public. Council Member Moss advised each Council Member has the right to sponsor an item, as well as adding it to the Agenda, and supports Council Member Abbott's Resolution as it is written. Mayor Dyer advised staff to move forward with the public hearing providing the Resolution Council Member Abbott has proposed and closed the discussion. July 14, 2020 ��1 x. z i CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Requesting the Circuit Court to Order that a Referendum Election Be Held on November 3, 2020 on the Question of Whether the Members of City Council Who Represent Each of the City's Seven Residence Districts Should Be Elected on a District-Basis Rather than an At-Large Basis MEETING DATE: TBD • Background: In 1966, the General Assembly amended the City Charter to provide that the City Council "shall consist of eleven members, one to be elected by the city at large from among the residents of the seven boroughs and four to be elected by and from the city at large." Subsequent charter revisions substituted the term "districts" for "boroughs" and provided that the mayor shall be directly elected by the voters, but no change has been made to the requirement that all councilmembers be elected on an at- large basis. • Considerations: District-based voting systems could enhance councilmembers' accountability to district residents, would better ensure that district members represent the interest of their district constituents, and could also reduce campaign costs which would lessen a barrier faced by potential candidates who otherwise would need to finance a City-wide campaign. A change to district-based voting could result in a more diverse City Council that better reflects the changing demographics of the City. The City Charter authorizes the City Council to request an advisory referendum initiated by a resolution to the circuit court. Historical data show that the highest level of voter turnout occurs during presidential elections, when both houses of Congress are also on the ballot. Higher turnout would provide City Council with a more reliable indicator of the will of Virginia Beach citizens than if the referendum were held in a year without such an election. Accordingly, the resolution requests that an advisory referendum election be held on November 3, 2020. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution and Ordinance ("Exhibit A"). Requested by Councilmember Abbott REQUESTED BY COUNCILMEMBER ABBOTT 1 A RESOLUTION REQUESTING THE CIRCUIT COURT TO 2 ORDER THAT A REFERENDUM ELECTION BE HELD ON 3 NOVEMBER 3, 2020 ON THE QUESTION OF WHETHER 4 THE MEMBERS OF CITY COUNCIL WHO REPRESENT 5 EACH OF THE CITY'S SEVEN RESIDENCE DISTRICTS 6 SHOULD BE ELECTED ON A DISTRICT-BASIS RATHER 7 THAN AN AT-LARGE BASIS 8 9 WHEREAS, in 1966, the General Assembly adopted an Act of Assembly that 10 amended the City Charter to provide that the City Council "shall consist of eleven 11 members, one to be elected by the city at large from among the residents of the seven 12 boroughs and four to be elected by and from the city at large;" and 13 14 WHEREAS, subsequent charter revisions substituted the term "districts" for 15 "boroughs" and provided that the mayor shall be directly elected by the voters, but no 16 change has been made to the requirement that all councilmembers be elected on an at- 17 large basis; and 18 19 WHEREAS, in 1994, a referendum election was held in which a majority of voters 20 supported a charter change to require that the seven districts be of roughly equal 21 population and that district members be elected on a district basis rather than by all of the 22 City's voters; and 23 24 WHEREAS, in 1995, the General Assembly amended the City Charter to provide 25 for roughly equal residence districts, but instead of providing for district voting, the charter 26 amendment required a new referendum election on the sole question of whether district 27 members should be elected only by district residents; and 28 29 WHEREAS, in 1996, the new referendum election was held, and a majority of 30 persons voting opposed the proposed change to have district members elected only by 31 district residents; and 32 33 WHEREAS, district-based voting systems could enhance councilmembers' 34 accountability to district residents, would better ensure that district members represent 35 the interest of their district constituents, and could also reduce campaign costs which 36 would lessen a barrier faced by potential candidates who otherwise would need to finance 37 a City-wide campaign; and 38 39 WHEREAS, a change to district-based voting could result in a more diverse City 40 Council that better reflects the changing demographics of the City; and 41 42 WHEREAS, City Charter § 3.05(f) authorizes City Council "No provide for the 43 submission of any proposed ordinance to the qualified voters of the city at an advisory 44 referendum to be initiated by a resolution to the circuit court of the city and held . . . in the 45 manner provided for by law for general elections"; and 46 47 WHEREAS, City Council is of the opinion that a referendum election should be 48 held on this issue during the November 3, 2020 general election because historical data 49 show that the highest level of voter turnout occurs during presidential elections, where 50 both houses of Congress are also on the ballot, and the anticipated higher turnout for 51 such an election would provide City Council with a more reliable indicator of the will of 52 Virginia Beach citizens than if the referendum were held in a year without such an 53 election. 54 55 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 56 OF VIRGINIA BEACH, VIRGINIA: 57 58 1. That, pursuant to § 3.05(f) of the Charter of the City of Virginia Beach, the 59 Circuit Court of the City of Virginia Beach is hereby requested to order an election to be 60 conducted in accordance with Code of Virginia §§ 24.2-682 and 24.2-684 and held on 61 November 3, 2020 to take the sense of the qualified voters of the City on the question of 62 whether the City Council should adopt an ordinance requesting a change to the City 63 Charter that would provide for the election of councilmembers who represent each of the 64 City's seven residence districts only by voters who reside in the respective residence 65 districts, as opposed to the current system of at-large voting. 66 67 2. That the question to appear on the ballot shall read as follows: 68 69 Should the City Council adopt an ordinance requesting a change to 70 the City Charter that would provide for the election of councilmembers 71 who represent each of the City's seven residence districts only by 72 voters who reside in the respective residence districts, as opposed to 73 the current system of aOarese voting?\ e\--"" 74 75 Yes No 76 77 3. That, if a majority of voters voting at the election approve the question set 78 forth above, any ordinance that may be adopted by the City Council shall be substantially 79 similar to the proposed ordinance attached hereto as "Exhibit A;" 80 81 4. That a copy of the proposed ordinance shall be made available for 82 inspection at the City Clerk's Office, on the City's website, and all public libraries and 83 recreation centers within ten days of the passage of this resolution. Furthermore, the City 84 Clerk shall fax or email a copy of the proposed ordinance to any citizen upon request; 85 and 2 86 87 5. That the City Attorney is hereby directed to file a certified copy of this 88 resolution, along with an appropriate petition and order, with the Circuit Court of the City 89 of Virginia Beach for such an election to be held on November 3, 2020. 90 91 Adopted by the City Council of the City of Virginia Beach, Virginia, this day 92 of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14602 R-2 October 30, 2019 3 EXHIBIT A 1 AN ORDINANCE REQUESTING A CHANGE TO THE CITY 2 CHARTER THAT WOULD PROVIDE FOR THE ELECTION 3 OF COUNCILMEMBERS WHO REPRESENT EACH OF THE 4 CITY'S SEVEN RESIDENCE DISTRICTS ONLY BY 5 VOTERS WHO RESIDE IN THE RESPECTIVE RESIDENCE 6 DISTRICTS, AS OPPOSED TO THE CURRENT SYSTEM 7 OF AT-LARGE VOTING 8 9 WHEREAS, a majority of the qualified voters of the City of Virginia Beach who 10 voted at an advisory referendum held on November 3, 2020, expressed support for City 11 Council's adoption of an ordinance requesting a change to the City Charter that would 12 provide for the election of councilmembers who represent each of the City's seven 13 residence districts only by voters who reside in the respective residence districts. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 That City Council hereby requests that the General Assembly amend the City's 19 Charter to provide for the election of councilmembers who represent each of the City's 20 seven residence districts only by the voters who reside in the respective residence 21 districts. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 24 , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14603 R-1 January 4, 2019 46 ADD ON CITY COUNCIL DISCUSSION SHORT TERM RENTALS ITEM#70498 4:49 P.M. Council Member Henley opened the discussion and advised she was sick when she was informed about the short term rental in Sandbridge incident where the deck, attached to the home, collapsed over the weekend resulting in four (4)people being injured. Council Member Henley expressed concerns that short term rental regulations have been discussed over the past five (5) years and is not a new subject. Council Member Henley advised people are building single family homes for the purpose of making them a short term rental investment to circumvent construction requirements for transient rental facilities resulting in a lack of health and safety requirements and inspections. Council Member Henley advised potential renters need to be made aware of the risks of renting these places because they do not have the necessary health and safety requirements and inspections in place and is the reason she will not support any Short Term Rental Conditional Use Permits. Council Member Moss requested to know if there is a requirement for rental homes to have decks inspected every two (2)years and believes that is an established requirement. Tom Leahy,Acting City Manager, advised he will find out and provide an answer. Mayor Dyer closed the discussion. July 14, 2020 47 CITY COUNCIL COMMENTS ITEM#70499 4:55 P.M. Council Member Henley advised Daniel McLaughlin from Virginia Tech's Department of Forest Resources and Environmental Conservation, will provide a virtual presentation concerning his work on the conservation of the urban forest to reduce flooding on June 23,2020,at 5:15 P.M Council Member Henley advised the first thirty-five (35) to register will have seats available in Building 19 to listen and ask questions. Council Member Henley advised participants will need to wear a face mask and maintain social distancing requirements. The IT Department will record the presentation and air it at a later date on channel 48. Council Member Henley asked if anyone is interested in attending to let her know. July 14, 2020 48 AGENDA REVIEW SESSION ITEM#70500 5:00 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES 1. Ordinance to ACCEPT and APPROPRIATE $30,000 from Cities of Financial Empowerment Fund, Inc. to FY2020-21 Parks and Recreation Operating Budget re virtual financial empowerment classes 2. Ordinances to APPROPRIATE: a. $638,952 to FY2020-21 Clerk of Circuit Court Operating Budget re technology related expenses b. $2-Million to FY2020-21 Human Services Operating Budget re taxpayer relief programs July 14, 2020 49 AGENDA REVIEW SESSION ITEM#70500 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. TIMOTHYHANDLONfor a Conditional Use Permit re short term rental at 4504 Ocean View Avenue (GPIN 24195878878006)DISTRICT 4—BAYSIDE 2. CAYMUS PROPERTIES,INC.for Conditional Use Permits re short term rentals at: a. 5870 Northampton Boulevard b. 5872 Northampton Boulevard DISTRICT 4—BAYSIDE 3. LEONARD LYON for Conditional Use Permits re short term rentals at: a. 8709 Atlantic Avenue b. 116 88th Street DISTRICT 5—LYNNHAVEN 4. MERRY WHITE for a Conditional Use Permit re short term rental at 8006 Atlantic Avenue(GPIN 24195878878006)DISTRICT S—LYNNHAVEN 5. 3300 ARCTIC AVENUE, LLC for a Conditional Use Permit re short term rental at 3300 Arctic Avenue (GPIN 2418925735)DISTRICT 6—BEACH 6. HARSHIT DUA for a Conditional Use Permit re short term rental at 716 16th Street, Unit A (GPIN 24179620020001)DISTRICT 6—BEACH 7. POOCHIE,LLC for Conditional Use Permits re short term rentals at 208 27th Street: a. Unit 201 b. Unit 202 c. Unit 203 d. Unit 204 DISTRICT 6—BEACH 8. VB VIBE LLC for a Conditional Use Permit re short term rental at 1728 Baltic Avenue (GPIN 24270730526800)DISTRICT 6—BEACH 9. 21ST DEVELOPMENT,LLC for Conditional Use Permits re short term rentals at: a. 417 21 st Street b. 417 21 % Street c. 419 21 st Street d. 419 21 %Street DISTRICT 6—BEACH July 14, 2020 50 AGENDA REVIEW SESSION ITEM#70500 (Continued) 10. OCEAN RENTAL PROPERTIES,LLCfor a Conditional Use Permits re short term rentals at: a. 607 20th Street b. 61120`h Street c. 609 20th Street DISTRICT 6—BEACH J.PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2a/b WILL BE CONSIDERED SEPARATELY ITEM#3a/b WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#7a/b/c/d COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ALL PLANNING ITEMS COUNCIL MEMBER JONES WILL VOTE VERBAL NAY ON ALL PLANNING ITEMS COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ALL PLANNING ITEMS July 14, 2020 51 ITEM#70501 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). • Rose Hall 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 July 14, 2020 52 ITEM#70501 (Continued) Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council voted to proceed into CLOSED SESSION at 5:00 P.M. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Louis R. Jones Closed Session 5:00 P.M. —5:59 P.M. July 14, 2020 53 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JULY14,2020 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday,July 14, 2020, at 6:00 P.M. Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None INVOCATION: Council Member Wooten 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 ofInterests 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. July 14, 2020 54 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. July 14, 2020 55 ITEM—VLE CERTIFICATION ITEM#70502 Upon motion by Council Member Moss, seconded by Vice Mayor Wood, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, John D. Moss, Aaron R. Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Abstaining: Louis R.Jones Council Members Absent: None *Council Member Moss filed a disclosure regarding Publicly Held Property in the Rose Hal District July 14, 2020 BEActpit City of Vir- inia. Beach Sy i ,. rr 4.7 S �p DUR NA10'. VBgov.com JOHN MOSS July 14, 2020 PHONE: (757) 363-7745 COUNCILMAN-AT-LARGE JDMOSS@VBGOV.COM In Reply Refer to 0067605 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure of Abstention from Closed Session Dear Mrs. Barnes: Earlier this evening, the City Council met in closed session to discuss a matter involving an entity in which I have a personal interest due to my employment with the United States Navy. I abstained from participating in that briefing and discussion. If that discussion results in an agenda item, then at time, I also will abstain from the Council's vote and discussion on that item and will provide more specificity regarding the precise nature of this matter. For now, I am not revealing the few additional details known to me,in deference to the purpose for which my colleagues voted to certify the closed session. Please include this letter in the minutes for tonight's meeting. Thank you for your assistance and cooperation in this matter. Sincerely, II )L- John D. Moss Councilmember JDM/RRI 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 \is u , Ama L- .. ,, c..."-v.7:,..-i i r •., OUR NIil.00 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#70501 Page 52 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. Amand Barnes,MMC City Clerk July 14, 2020 56 ITEM— VLF MINUTES ITEM#70503 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of July 2,2020 Voting.• 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 14, 2020 57 ITEM— VLF MINUTES ITEM#70504 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of July 7,2020 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 14, 2020 58 ITEM— VLG.la PUBLIC HEARINGS ITEM#70505 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY Short-Term Parking Lease (24 spaces) at Lynnhaven Municipal Marina to Chick's Marina Properties, LLC The following registered to speak: Joseph Desomeaux, 2204 Covered Bride Way, Phone: 343-2220, spoke in OPPOSITION Alton Gardner, 2401 Sadler Court, Phone: 613-4266, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Jay Leach, 2116 Creeks Edge Drive, Phone: 724-4254, requested to find a compromise Carl Eason, 300 Bendix Road, Phone: 497-6633, spoke in SUPPORT Mike Gurley, 1700 Pecan Glove Road, Phone: 407-1982, spoke in OPPOSITION John Ludford, 2405 Twin Lake Road, Phone: 663-6970, spoke in OPPOSITION Beverly Ludford, 4425 Delmar Drive, Phone: 778-3948, spoke in OPPOSITION Daniel LeGrande, 4205 Bounty Road, did not respond There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING July 14, 2020 59 ITEM— VLG.lb PUBLIC HEARINGS ITEM#70506 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY 2200 Parks Avenue to the Virginia Museum of Contemporary Art (MOCA) 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 July 14, 2020 60 ITEM— VLH FORMAL SESSION AGENDA ITEM#70507 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 the following speaker: Barbara Messner, P. O. Box 514, spoke in OPPOSITION on Ordinances I: 1 and 2a/b and Planning Items J: 4, 5, 6, 7a/b/c/d, 8, 9a/b/c/d and 10a/b/c Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED, BY CONSENT,Agenda Items Ordinances I:1 and 2a/b Planning Items J: 4, 5, 6, 7a/b/c/d, 8, 9a/b/c/d and 10a/b/c Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None J. PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2a/b WILL BE CONSIDERED SEPARATELY ITEM#3a/b WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#7a/b/c/d COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ALL PLANNING ITEMS COUNCIL MEMBER JONES WILL VOTE VERBAL NAY ON ALL PLANNING ITEMS COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ALL PLANNING ITEMS July 14, 2020 61 ITEM— VI.I.1 ORDINANCES ITEM#70508 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$30,000 from Cities of Financial Empowerment Fund, Inc. to FY2020-21 Parks and Recreation Operating Budget re virtual financial empowerment classes Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 14, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO THE FY 2020-21 OPERATING 3 BUDGET OF THE DEPARTMENT OF PARKS AND 4 RECREATION FOR SUMMER YOUTH 5 EMPLOYMENT FINANCIAL EMPOWERMENT 6 PROGRAMS 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 $30,000 of grant funding from the Cities for Financial Empowerment Fund, Inc., 12 is hereby accepted and appropriated, with estimated revenue increased accordingly, to 13 the FY 2020-21 Operating Budget of the Department of Parks and Recreation for 14 financial empowerment programs for participants of the Summer Youth Employment 15 Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 14 t h day of July , 2020. Requires the affirmative vote of a majority of the members of City Council. APPROVED AS TO CONTENT- APPROVED AS TO LEGAL SUFFICIENCY Budget and Management Services rty y=s CA15107 R-1 July 1,2020 62 ITEM— VLL2a ORDINANCES ITEM#70509 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE: a. $638,952 to FY2020-21 Clerk of Circuit Court Operating Budget re technology related expenses Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 14, 2020 1 AN ORDINANCE TO APPROPRIATE $638,952 TO THE 2 CLERK OF THE CIRCUIT COURTS FY 2020-21 3 OPERATING BUDGET FOR TECHNOLOGY RELATED 4 EXPENSES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 $638,952 is hereby appropriated from the fund balance of the Technology Trust 10 Fund to the FY 2020-21 Operating Budget of the Clerk of the Circuit Court to support 11 technological needs and upgrades. Adopted by the Council of the City of Virginia Beach,Virginia on the 14 t h _day of July 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 N,N 1r,cdj-A-'‘. Midget and management Services City y's Office CA15106 R-1 July 1,2020 63 ITEM— VLL.2b ORDINANCES ITEM#70510 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE: b. $2-Million to FY2020-21 Human Services Operating Budget re taxpayer relief programs Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 14, 2020 1 AN ORDINANCE TO APPROPRIATE $2 MILLION OF FUND 2 BALANCE IN THE GENERAL FUND TO THE FY 2020-21 3 OPERATING BUDGET FOR TAX RELIEF PROGRAMS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $2,000,000 of fund balance of the General Fund is hereby appropriated, with 9 revenues increased accordingly, to the FY 2020-21 Operating Budget of the Department 10 of Human Services for taxpayer relief programs. Adopted by the Council of the City of Virginia Beach, Virginia on the 14 t h day of July 2020. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: /r Budget and Management Services y's Office CA15108 R-1 July 1, 2020 64 ITEM— VI.J.1 PLANNING ITEM#70511 The following registered to speak: Timothy Handlon (Applicant), 4504 Ocean View Avenue,Phone:219-628-5118, did not respond Sierra Alderman, (Property Manager), 4504 Ocean View Avenue, Phone: 719-213-8854, spoke in SUPPORT Barbara Messner,P.O. Box 514, spoke in OPPOSITION After City Council discussion, Council Member Jones made a motion, seconded by Council Member Moss, to DENY Application of TIMOTHYHANDLONfor a Conditional Use Permit re short term rental at 4504 Ocean View Avenue DISTRICT 4—BAYSIDE Council Member Tower then made a SUBSTITUTE MOTION, seconded by Council Member Rouse, to APPROVE,Application of TIMOTHY HANDLON for a Conditional Use Permit re short term rental at 4504 Ocean View Avenue DISTRICT 4—BAYSIDE Voting: 5-6(MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Jessica P. Abbott, Aaron R. Rouse, Guy K. Tower, Sabrina D. Wooten and Mayor Dyer Council Members Voting Nay: Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss,Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: None July 14, 2020 65 ITEM— VI.J.1 PLANNING ITEM#70511 (Continued) Council Member Tower then made a SECOND SUBSTITUTE MOTION, seconded by Council Member Rouse, to DEFER Application of TIMOTHY HANDLON for a Conditional Use Permit re short term rental at 4504 Ocean View Avenue DISTRICT 4—BAYSIDE Voting: 5-6(MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Jessica P. Abbott, Aaron R. Rouse, Guy K. Tower, Sabrina D. Wooten and Mayor Dyer Council Members Voting Nay: Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: None July 14, 2020 66 ITEM— VLJ.1 PLANNING ITEM#70511 (Continued) Upon motion by Council Member Jones, seconded by Council Member Moss, City Council DENIED Application of TIMOTHY HANDLON for a Conditional Use Permit re short term rental at 4504 Ocean View Avenue DISTRICT 4—BAYSIDE Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Voting Nay: Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: None July 14, 2020 67 ITEM— VI.J.2a/b PLANNING ITEM#70512 The following registered to speak: Ranjeev Guliani(Applicant), 1805 Eden Way, Phone:971-2426, spoke in SUPPORT Barbara Messner, P.O. Box 514, spoke in OPPOSITION Upon motion by Council Member Jones, seconded by Council Member Henley, City Council DENIED Application of CAYMUS PROPERTIES,INC.for a Conditional Use Permit re short term rental at 5870 and 5872 Northampton Boulevard DISTRICT 4—BAYSIDE Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 14, 2020 68 ITEM— VLJ.3a PLANNING ITEM#70513 The following registered to speak: Billy Garrington, Attorney for Applicant, spoke in SUPPORT Dr. Carol Ashman, 209 B 88`"Street, Phone: 547-6431, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ALLOWED WITHDRAWAL,Application of LEONARD LYON for a Conditional Use Permit re short term rental at 8709 Atlantic Avenue DISTRICT 5—LYNNHAVEN Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 14, 2020 69 ITEM— VLJ.3b PLANNING ITEM#70514 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,Application of LEONARD LYONfor a Conditional Use Permit re short term rental at 116 88th Street DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA LEONARD LYON for a Conditional Use Permit re short term rental at 116 88`h Street(GPIN 2510513555)DISTRICT 5—LYNNHAVEN The following condition shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 116 88`h Street and the Short Term Rental use shall only occur in the principal structures. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. No additional pavement for parking shall be permitted on-site. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall not 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. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. 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. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. July 14, 2020 70 ITEM— VLJ.3b PLANNING ITEM#70514 (Continued) a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form;and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million. 7. 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. 8. 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. 9. 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. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. 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. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. 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 per bedroom. 16. 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 14th day of July Two Thousand Twenty. July 14, 2020 71 ITEM— VLJ.3b PLANNING ITEM#70514 (Continued) Voting: 9-2 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R.Jones,Aaron R. Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley John D. Moss Council Members Absent: None July 14, 2020 ' _ ....___---ssip \ \ ,-,, ,, '1 1 1 \ Ill Ilk 1 I . \-1 8B th street f/if _....---\ ,, , i\ \-\\11 ./. -\.- ////3 7 1; /_ _ _ ,,,‘, , ` IP/� 13 5.R('N E) di \\ _ - R-5 R4(N E {''' 4.00.0 ,, T __% , ,_____ , ... ria\\\\\Ii \ cr 1 , �� ` Site Leonard Lyon a' :461 Property_Poygons 8709 Atlantic Avenue. 116 88th Street Zoning Parking Lot Drive Aisle CM=INI1==11111=Feet ni Building 0 510 20 30 40 50 60 72 ITEM— VLJ.4 PLANNING ITEM#70515 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of MERRY WHITE for a Conditional Use Permit re short term rental at 8006 Atlantic Avenue DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MERRY WHITE for a Conditional Use Permit re short term rental at 8006 Atlantic Avenue (GPIN 24195878878006) DISTRICT 5 — LYNNHAVEN The following condition shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 8006 Atlantic Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. All parking spaces associated with the Short Term Rental shall be of a permeable material such as decorative crushed gravel. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. 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. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. July 14, 2020 73 ITEM— VLJ.4 PLANNING ITEM#70515 (Continued) a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof ofliability insurance applicable to the rental activity of at least$1-Million. 7. 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. 8. 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. 9. 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. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. 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. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. 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 per bedroom. 16. 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. July 14, 2020 74 ITEM— VI.J.4 PLANNING ITEM#70515 (Continued) This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 141h day of July Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer,Aaron R.Rouse, Guy K Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M.Henley,Louis R.Jones and John D.Moss Council Members Absent: None July 14, 2020 I , r o i1 I : S O c. rl= -_—`_� rt%c r` erU e c. - :i 11 I 1, ‘ ‘ \ ' \‘‘‘ \-- W III I,,I I V ,,11 1111 11 _ ^r ,11 �I,Mr 4\ LUZ ‘.1‘ ' 'C--Ii a) II ,^ , •— \- \ __---- _ 0 �� ? 1 �\ Y--- ----- I --- 1 ..\26------ ___, __--- \__ i i V'*----1---1--'--' a) j __-- V , _ N _ ‘ \Th & . 2. I __- o 0 al-- \ ch a_____\ ' \--- '' '' 1 I vc i- -_1 1�'" f V a m 75 ITEM— VLJ.5 PLANNING ITEM#70516 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of 3300 ARCTIC AVENUE, LLC for a Conditional Use Permit re short term rental at 3300 Arctic Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 3300 ARCTIC AVENUE, LLC for a Conditional Use Permit re short term rental at 3300 Arctic Avenue (GPIN 2418925735) DISTRICT 6 — BEACH The following condition shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 3300 Arctic Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. 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. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. July 14, 2020 76 ITEM— VLJ.5 PLANNING ITEM#70516 (Continued) a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1- Million. 7. 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. 8. 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. 9. 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. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. 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. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. 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 per bedroom. 16. 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. 17. Three new parking spaces shall be provided for the Short Term Rental as depicted on the proposed site layout on page 6 of the report. Oyster shells over a gravel base may be used for the new parking spaces for the Short Term Rental Use. July 14, 2020 77 ITEM— VI.J.5 PLANNING ITEM#70516 (Continued) This Ordinance shall be effective in accordance with Section 107() of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 14th day of July Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer,Aaron R. Rouse, Guy K Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M.Henley,Louis R.Jones and John D. Moss Council Members Absent: None July 14, 2020 1�' ` — - \ ...-------� _ ro _--- . \ , .__.--- -11, __----_-_- - _____-----_____ __----- . .!:".S 1\ 1 IN } OW 0\-- 'I ' C, __ ._ _ ,.. _.) ‘i ,,, 0 . ___ ____ v 0 3 .L e _____-_„:-.-- 'k ,-x. Q \ (., i v ' o Vt� r, s_- „..„..5 \\.\\\ 1 Arctic A A��tie AV er = - -'� -1 1� J o) SID ,��t ie Ave ` y L-- M W p. ♦- ‘ \ M �1�- c > , 2, ii--‘kk l& N I 6 V •V ,k 1 -- �‘ - ,i i •— cX__—:-_-.i)1:.A%— -----_1_-._-_--_-_--__.._._-_''__' 1.___f___N_._._T_ k1 y �� - ii ik ,+ coC- f�-= �i _ - Q. 1\- M . . `` N - el -fgt .o - . oen -= ,.. 1 k 1 ti ,, Csil1 -L__ r- \\\\ \tll , 10 \v_i__ ya \ �_ k i Al „-----77_1------- S \ , _ .:,,,. . c N a \----- ), r Oa. « of rn .\.\ _ s, d ry cn a n� a m , ,__ H o1,y Roa 1 tELl 78 ITEM— VI.J.6 PLANNING ITEM#70517 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of HARSHIT DUA for a Conditional Use Permit re short term rental at 716 16th Street, Unit A DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4 HARSHIT DUA for a Conditional Use Permit re short term rental at 716 16th Street, Unit A (GPIN 24179620020001)DISTRICT 6—BEACH The following condition shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 716 16th Street, Unit A and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. 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. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notes the new property owner of requirements 'a'through 'c'below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. July 14, 2020 79 ITEM— VLJ.6 PLANNING ITEM#70517 (Continued) a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form;and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity ofat least$1-Million. 8. 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. 9. 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. 10. 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. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. 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. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. 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 per bedroom. 17. 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. July 14, 2020 80 ITEM— VLJ.6 PLANNING ITEM#70517 (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 14`h day of July Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones and John D. Moss Council Members Absent: None July 14, 2020 ; IL' l 1 J. r ay c:::-.--\--A --;,,, s„, __, ii_____--.-7,.„.0, I\\\ r II '' U 0i O _I .z.„ tr, i J V VN \1° -----,.- ,---- .., \-kI3 1 c, 1 I CD CD Q '' '`ter � 1 1''1� f ...,.., ,..... ..- 4•0 ''1 \,11 �� \\Ilk' ' _-= ��1_•+r N CD 1 , is , \A \‘#) t'' biN 1 I - �- '� I co 1 03 _ _ IF. \ __,_ co 3' , , _, _._ �F^`- __} \\._.„-) S c\ ______s.\\ ., _ - - r 'ti, '11 \------, -----\------ y 1 N - , ., .\ T-<: 1 ,v, . .... SI\' ........... ".. \'''..- tu VI I N . oa E --- rue _,, .,s_ r cn cn a V a m 0 0 —0 — _= ,_park A Q ��, �y _ 81 ITEM— VI.J.7a/b/c/d PLANNING ITEM#70518 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT,Application of POOCHIE,LLC for Conditional Use Permits re short term rentals at 208 27th Street Units 201, 202, 203 and 204 DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA POOCHIE,LLCfor Conditional Use Permits re short term rentals at 208 27th Street Units 201, 202, 203 and 204 (GPIN 24280086750000) DISTRICT 6—BEACH The following condition shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 208 27th Street Units: 201, 202, 203, 204 and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. 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. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. July 14, 2020 82 ITEM— VLJ.7a/b/c/d PLANNING ITEM#70518 (Continued) a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million. 7. 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. 8. 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. 9. 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. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. 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. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. 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 per bedroom. 16. 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. July 14, 2020 83 ITEM— VI.J.7a/b/c/d PLANNING ITEM#70518 (Continued) This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 14`"day of July Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott,Michael F.Berlucchi,Mayor Robert M. Dyer,Aaron R.Rouse, Guy K Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M.Henley,Louis R.Jones and John D.Moss Council Members Absent: None July 14, 2020 ' *''''''''L.----- III ' I V* , U.. C:. tt �, I i \ ,, ._, _..., , ,,„ ) . ,, ,_ __, ..„ ...., --_ \ '', ,1,........,,, t8 t Ct I :3 Ir „ „- „, . ,_ , ,_ ,, „.. ______. AtiantieAyenue I v CD it \\ \ I ( O N N , . . _' ‘ \ \\\11\ ti N\\*:11 fr , i O N • y! . \ e -r V _ , to � •,, O �� O O - �N r --------- � \\\ � a) _t't { lei" _- t f� \\ \ \ gad g {/�' -J. - '. a Ott r P ew ®.f-- -- tV . `# d ft IX1,... , —_" � .✓ \ _ - _-- -__ ._-~ yr 4 0 ID 140. CJ Cl ta' { - o :11, ~, CT Ot C +Mr W C G �.- to w o c .ye MI r-- cn a rs co o G1N1A•BFA c,� City of Virginia Beach yo 99ts 5 0�V Op our, Now VBgov.com GUY K.TOWER CELL:(757)439-4801 COUNCIL MEMBER EMAIL:glower@vbgov.com DISTRICT 6-BEACH In Reply Refer to:00651192 July 14, 2020 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(I), 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 Poochie, LLC for a conditional use permit (short term rental) for property located at 208 27th Street, Units 201, 202, 203, and 204. 2. The applicant disclosed that Kaufman & Canoles is one of its legal services providers. 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. 5. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. 211 43rd STREET.VIRGINIA REACH.VA 2:14c1 Mrs. Amanda Barnes -2- July 14, 2020 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Si rely, •""', te.....„, k_.., i Guy K. Tower Councilmember GKT/RRI 84 ITEM— VLJ.8 PLANNING ITEM#70519 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of VB VIBE LLC for a Conditional Use Permit re short term rental at 1728 Baltic Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA VB VIBE LLCfor a Conditional Use Permit re short term rental at 1728 Baltic Avenue (GPIN 24270730526800)DISTRICT 6—BEACH The following condition shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 1728 Baltic Avenue and the Short Term Rental use shall only occur in the principal structure. 2. The applicant/owner shall secure and maintain an additional leased parking space for the duration of the Short Term Rental use. The applicant shall provide proof of lease prior to the operation of the Short Term Rental use and at the renewal and/or expiration of each lease term subject to the review and approval of the Zoning Administrator. 3. Off-Street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 4. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events with more than the permitted number of people who may stay overnight(number of bedrooms times three)shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. July 14, 2020 85 ITEM— VLJ.8 PLANNING ITEM#70519 (Continued) 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form;and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15. 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. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. 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 per bedroom. 18. 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. July 14, 2020 86 ITEM— VI.J.8 PLANNING ITEM#70519 (Continued) 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 14`'`day of July Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott,Michael F.Berlucchi,Mayor Robert M.Dyer,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M.Henley,Louis R.Jones and John D.Moss Council Members Absent: None July 14, 2020 --- -- - 'CS 4 tt \ 1, tt \\ i' !t i y+r, 1 {: ±ter"" I 0 — (t cp s { f -w___,_--------112 1� _-tom.- I : - -4i 40 \ ‘_...f.r..7.5-_____------- _ IX t' Q t ` 1'1 U) v r CIt CO '' , \ I d ; ra .,. ' ,tiG Iv eru _ $fir, ue ga \bc p,Ven „_....., -__ \\ _.---...7..-CI:•-•:' 4.0 ,,' \\\\\**4111"1"*. U g • • SS '\\k <- , , -X \* N i LI 4-. 5 it 'I" - 41" \ }',, -SNIP _ Glic-----3- . ,,,,„ W no co t Ce \ T-- do a+ -=' ' 7. 1 'V.-.'__, Ir. ___---A Gov _ N ShOr Ire We r--�trjJtI 't� �) -""' - 'p \ 11 11 '1. V.„........... \ •C` ' I Art. ,,,.---- , 40 Si 50 't 1 1 d '-�-- to d o \ I-, - , .c. 0 CI iii CO c" \\ (I, c C .c. te R 411 Q Cv i, vi a A a m Q ) � �� i �/ ii 87 ITEM— VL.L9a/b/c/d PLANNING ITEM#70520 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of 2157 DEVELOPMENT, LLC for Conditional Use Permits re short term rentals at 419 21 S`, 419 21 st 1/2, 417 21 S`, and 417 21 S`'/z Street,DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 21sT DEVELOPMENT, LLC for Conditional Use Permit re short term rental at 419 21S`, 419 21st 1/2, 417 21S`, and 417 21S` %z Street (GPIN 2427083355)DISTRICT 6—BEACH The following condition shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 419 21S`, 419 21S` 1/, 417 2151, and 417 2151 % Street, Virginia Beach, VA 23451 and the Short Term Rental use shall only occur in the principal structure. 2. Off- street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space with the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessible for the Short Term Rental tenants. 4. While the Conditional Use Permit is active,four(4) off-site parking spaces, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rentals occupants at all times. 5. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2) residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). July 14, 2020 88 ITEM— VLJ.9a/b/c/d PLANNING ITEM#70520 (Continued) 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form;and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rental. 14. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 15. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 16. 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. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. July 14, 2020 89 ITEM— VLJ.9a/b/c/d PLANNING ITEM#70520 (Continued) 18. 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 per bedroom. 19. 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 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 14th day of July Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones and John D. Moss Council Members Absent: None July 14, 2020 On 001, 09 09 6uiging Oa4 aisiy anuo pi 6wind laaaiS ?A iSI.Z Ll,b Pue leailS 1sI.Z L14 6uiuoz 'laaa4S 1.4 1s LZ 61.b IaailS is 2 614 suo6Aiod AJadoJd r - ON 01-1 'Iuawdolanaa ls �Z a"s I' x 5 \JI\t‘ ,, tt ( ___, .____ sl 1aa�aS ,,,,. ___77 7 _____ i '' a t iiii..,,j/of , \ ,\,,,,, ,, \\ \L---37, : _ ' Cy:el ---7.:;----____--- ook , r___., ...._., ,, \__- 11 /". \ -.1::\ r'i V � , - I. -- \\\t\ s \ A --'" --- . \ ,\ \1.----------' :1_11-----1-111141::::::::" — -.- ---- ...,1\ V/ \ :, \ -,— ----- 1 I I'I I Will I l' _,_—————,-.—;—I—ViATA----'-- n .7.--, _________ _t..,. ._1, ..\ \ ________iirovsor" , ,, __ '\ --m.H,, \\\ __A,..,t-ST'-:.._.---.'- -ram= ,� gcl.' \\ \ ' ,'_ ^''fit I' 90 ITEM— VI.J.10a PLANNING ITEM#70521 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of OCEAN RENTAL PROPERTIES, LLC for a Conditional Use Permit re short term rental at 607 20th Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4 OCEAN RENTAL PROPERTIES,LLC for a Conditional Use Permit re short term rental at 607 20t Street(GPIN 24179737950000)DISTRICT 6—BEACH The following condition shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 607 20`h Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-Street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP)shall be limited to two (2) residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. 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. July 14, 2020 91 ITEM— VI.J.10a PLANNING ITEM#70521 (Continued) 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million. 8. 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. 9. 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. 10. 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. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 14. 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. 15. There shall be no outdoor amplified sound after 10::00 p.m. or before 10:00 a.m. 16. 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 per bedroom. 17. 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. July 14, 2020 92 ITEM— VLJ.10a PLANNING ITEM#70521 (Continued) 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 14`h day of July Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones and John D. Moss Council Members Absent: None July 14, 2020 'rim'"" OR } 4 r" ro i1 7.._._w. .�...,_--- v • , �t _— tl '� "T., - -war- �'i�'6t , .3,1 \ ,.\..„..„.,.1 1\ ,,,,0,.,,.0.T,.,„,f., .c,, '1"s-,,,.. 3se,„,Is'1 4.\ k—,.„,.,—,,„..,„, _,.--'\\,,...,,\,, t , 4\ L / ,,,, „, ..„ .-,--c.,--.,,..a........\,... A.....-,I\ \3\\SL\,,\ ,, \N__3— ''I.i.„,„1\11,„. ,„,, , 0—/-..4.2., C/-1, ,,;. \:/;,f, \. -" ,,,.„1,,,,-,t ,,-',\ IA-,,—-sn-,- t,,-„ ,,_,. ```,.,, ,` to 44 5_„ .;t„I,t..'.-.,.,_, ;,',:.,c_A,";.-'., i $ y\ R y w 4t l 1 1 ' Ctce et } 1 T. ... yy 4 ! 4 i c 1 d. — 1 i t i , b'�w �# 11C t��' __ - R iry ti, i. A /i site Ocean Rental Properties. LLC Property_Polygons 607 20th Street QZoning Parking Lot Drive Aisle ee ,x. Building C 1C2C 4C €C 8C 10C 12C 93 ITEM— VI.J.10b PLANNING ITEM#70522 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of OCEAN RENTAL PROPERTIES, LLC for a Conditional Use Permit re short term rental at 609 20`"Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA OCEAN RENTAL PROPERTIES,LLC for a Conditional Use Permit re short term rental at 609 20`" Street(GPIN 24179737340000) DISTRICT 6—BEACH The following condition shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 609 20`"Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-Street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2) residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. 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. July 14, 2020 94 ITEM— VLJ.10b PLANNING ITEM#70522 (Continued) 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million. 8. 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. 9. 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. 10. 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. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. 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. 15. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m. 16. 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 per bedroom. 17. 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. July 14, 2020 95 ITEM— VLJ.lOb PLANNING ITEM#70522 (Continued) 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 14`h day of July Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones and John D. Moss Council Members Absent: None July 14, 2020 „-- i i‘ it la ry r— all I i III` _ —____A \ 3.art— as _ 1 I r� r RR '�a RI it laL— �— la a (t {''--� R I I ` 1 /� i i 1 1 x55 i t—...—^—j \ CO \ „...,..,11\ \ i r �_� R !a� 1 t RI \ -'•• 1 .Tlli 91 � �,t � \ ,. 4. r W e 1 ,, _�,^'t�'~�! ' S p a �� ,, 4 ..4-.„ r---\ ___,-- .r. I 'f/ice+/ ° / M ” "h,,n' Yr�d' a v �Y" f ,J�[„ ��ryp try j ;p� q �4 `'!r 6d 1 K ,oe yr „4dw 74 ys yy��e^ 1 kil \ 4011111' ‘ ___\22..„ , ___- -- \\\,\ .? , \''''''','^".01(":"','''''''',,i,."''' f 0 ', Atett/ , 1 f"'�,bod's z: 4 a 1 d R d �; (� 1 a '1 yam' a 1 ^,5. \r/R 1 1 k _� , ` \ '' ' ,�--.• 5, _ _ 2 Doh Str , ` pr ,,,,... — r f tl a `r , \ \t, ...i. „ c--\----6‘,,,,\, , --°"-A ,,,,,,,,, '...,, .., dl !R rk %\. \ \---A----:\r.----) '//� Site Ocean Rental Properties, LAC ' Property Polygon s 609 20th Street QZoning 1 Parking Lot Drive Aisle Feet Building 01020 40 60 80 1CC 12C 96 ITEM— VLJ.10c PLANNING ITEM#70523 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of OCEAN RENTAL PROPERTIES, LLC for a Conditional Use Permit re short term rental at 611 20th Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA OCEAN RENTAL PROPERTIES,LLC for a Conditional Use Permit re short term rental at 611 20th Street (GPIN 24179727720000) DISTRICT 6—BEACH The following condition shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 611 20th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-Street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2) residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. 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. July 14, 2020 97 ITEM— VLJ.10c PLANNING ITEM#70523 (Continued) 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million. 8. 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. 9. 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. 10. 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. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. 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. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. 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 per bedroom. 17. 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. July 14, 2020 98 ITEM— VLJ.10c PLANNING ITEM#70523 (Continued) 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 14`''day of July Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones and John D. Moss Council Members Absent: None July 14, 2020 , 'v,_-------1\ \ ' , -\,,..,\ 0 ''', \ ''''t ', 1 l\'---Th bR v, `1 \ \\,,,fee _.._ ' ti ,\,,,.:t \ \ 77 '' \---: , ,,_ ' �-- ti tiA \‘;''''‘'i'. :'; , . 0 R, ,, \ \-------\ 1 i. . , A ' ' ' ,,\ \\ CI '', C.-) \ t's"."---1---Allir , ., 03 RA, . \\\\:\f , \ ,..e. , , N �� y ''�— Meet,......„\ i .- \ i ',. ( \ „ ----\ \ 0 ___A j\___,- \ , , \' , . i ,, ,,, .fj„,:c,,, ,„ \ 7 . site Ocean Rental Properties, LLC N. i i Property Polygons 611 20th Street Q Zoning Parking Lot Drive Aide Feet Building 01020 40 60 80 100 120 99 ITEM— VLK APPOINTMENTS ITEM#70524 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION July 14, 2020 100 ITEM— VLK APPOINTMENTS ITEM#70525 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: DOUG MCLIVERTY No Term CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 14, 2020 101 ITEM— VLK APPOINTMENTS ITEM#70526 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: ELLEN ELLIS DR.DEMETRIA LINDSAY ANDREW NISSMAN VIRGINIA ROUNTREE Three year term 9/1/2020—8/31/2023 COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 14, 2020 102 ITEM— VLK APPOINTMENTS ITEM#70527 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: MICHAEL STANDING Four year term 9/1/2020—8/31/2024 DEVELOPMENT AUTHORITY Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 14, 2020 103 ITEM— VLK APPOINTMENTS ITEM#70528 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: SHARON FELTON Three year term 9/1/2020—8/31/2023 PARKS AND RECREATION COMMISSION Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 14, 2020 104 ITEM— VLK APPOINTMENTS ITEM#70529 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: ROBERT HOFHEIMER ROBERT KREBS Four year term 9/1/2020—8/31/2024 PUBLIC LIBRARY BOARD Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 14, 2020 105 ADJOURNMENT ITEM#70530 Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 8:21 P.M. Tern . C" elius Chief Deputy City Clerk Ama Barnes, MMC Robert M. Dyer City Clerk Mayor July 14, 2020