The URL can be used to link to this page

SEPTEMBER 1, 2020 SPECIAL JOINT SESSION MINUTES 04 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 1, 2020 Mayor Dyer called to order the CITY COUNCIL JOINT SPECIAL FORMAL SESSION in the Virginia Beach Convention Center, Tuesday, September 1, 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 Planning Commission Members Present: George Alcaraz,John H. Coston, Michael Inman, Dee Oliver, Jack Wall and David Weiner Planning Commission Members Absent: Steve Barnes, Walter Graham, Donald Horsley, Robyn Klein and David Redmond INVOCATION: Council Member Jones • PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 2 CALL TO ORDER ITEM#70733 Mayor Dyer asked that the below letter dated August 27, 2020 be made a part of the record: August 27, 2020 "HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach,I hereby call for a JOINT SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL and the VIRGINIA BEACH PLANNING COMMISSION Tuesday,September 1, 2020 6:00 P.M. Virginia Beach Convention Center 100019`h Street The purpose of this JOINT SPECIAL FORMAL SESSION is to allow the City Council and the Planning Commission to hear planning items concurrently which is necessary in light of a prior advertising error. The City Council will hold a Public Hearing and consider the Ordinances/ Resolutions listed on the printed agenda, then immediately following, the City Council and the Planning Commission will proceed with the Public Hearing and consider planning items listed on the printed agenda. Citizens may comment either in person or virtually. If you would like to speak in person,please call the City Clerk's office at 757-385-4303 to sign up. If you wish to make comments virtually on an item,please follow the two-step process provided below: •Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e26e23d81 bill 92a820eab81 f9bc73b5d •Register with the City Clerk's Office by calling(757) 385-4303 or via email at ABarnes@vbgov.com prior to 5:00p.m. on September 1, 2020 This Joint Special Formal Session will be streamed live on Int.r.vbgov.com and Facebook Live, and will be recorded for rebroadcast on Cable TV. Citizens are encouraged to submit their comments to the City Council prior to the meeting via email at CityCouncil(awbgov.com. Sincerely, Robert M.Dyer Mayor Cc: Planning Commission Chair and Members City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office September 1, 2020 ti4041A $EAR o -I 1 City of Virginia Beach • 14. t , �9 op OUR NASA* `i. ROBERT M.'BOBBY°DYER MUNICIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 BDYEROVBGOV.COM August 27, 2020 HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, and with the consent of the Planning Commission Chair, I hereby call for a JOINT SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL and the VIRGINIA BEACH PLANNING COMMISSION Tuesday,September 1, 2020 6:00 P.M. Virginia Beach Convention Center 100019tb Street The purpose of this JOINT SPECIAL FORMAL SESSION is to allow the City Council and the Planning Commission to hear planning items concurrently which is necessary in light of a prior advertising error. The City Council will hold a Public Hearing and consider the Ordinances/Resolutions listed on the printed agenda, then immediately following, the City Council and the Planning Commission will proceed with the Public Hearing and consider planning items listed on the printed agenda. Citizens may comment either in person or virtually. If you would like to speak in person,please call the City Clerk's office at 757-385-4303 to sign up. If you wish to make comments virtually on an item,please follow the two-step process provided below: •Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?M71D=e26e23d81 b11192a820eab81 f9bc73b5d •Register with the City Clerk's Office by calling(757) 385-4303 or via email at ABarnes@a,vbgov.com prior to 5:00 p.m. on September 1, 2020 This Joint Special Formal Session will be streamed live on www.vbgov.com and Facebook Live, and will be recorded for rebroadcast on Cable TV. Citizens are encouraged to submit their comments to the City Council prior to the meeting via email at CityCouncil�avbgov.com. Sincerely, Robert M. Dyer Mayor Cc.' Planning Commission Chair and Members City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office 3 MINUTES ITEM#70734 Upon motion by Council Member Moss, seconded by Vice Mayor Wood, City Council APPROVED the MINUTES of the SPECIAL SESSION of August 25, 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 September 1, 2020 4 MINUTES ITEM#70735 Upon motion by Vice Chair Weiner, seconded by Commissioner Inman, Planning Commission APPROVED the MINUTES of the JOINT SPECIAL SESSION of August 25, 2020 Voting: 5-0 Planning Commission Members Voting Aye: John H. Coston, Michael Inman, Dee Oliver, Jack Wall and David Weiner Planning Commission Members Abstaining: George Alcaraz Planning Commission Members Absent: Steve Barnes, Walter Graham, Donald Horsley, Robyn Klein and David Redmond September 1, 2020 5 MINUTES ITEM#70736 Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council APPROVED the MINUTES of the JOINT SPECIAL SESSION of August 25,2020 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 September 1, 2020 6 ITEM—I.Ea/b/c/d PUBLIC HEARING ITEM#70737 Mayor Dyer DECLARED a PUBLIC HEARING: POLLING PLACE CHANGES a. Point O'View Precinct to Point O'View Elementary School b. Cromwell Precinct to Landstown High School c. Satellite Locations for Absentee Voting d. Stratford Chase Precinct to Kempsville Area Library The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Anthony Dukes, did not respond There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING September 1, 2020 7 ITEM—I.G FORMAL SESSION AGENDA CITY COUNCIL—ORDINANCES/RESOLUTIONS ITEM#70738 Mayor Dyer advised for items where only one(1)speaker is registered, the Chief Deputy City Clerk will call the speaker and they will be given three(3) minutes on each legislative item they registered to speak. The Chief Deputy City Clerk called the following speaker: Barbara Messner, P. O. Box 514, spoke in OPPOSITION on items: G: 1 a/b/c/d, 2a/b, 4, 5, 6 and 7 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions G: la/b/c/d, 2a/b, 4, 5, 6 and 7 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 September 1, 2020 8 ITEM—LG.1a/b/c/d ORDINANCES/RESOLUTIONS ITEM#70739 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, BY CONSENT, Ordinance to AMEND City Code Section 10-1 and 10-1.1 re polling place changes/locations: a. Point O'View Precinct to Point O'View Elementary School b. Cromwell Precinct to Landstown High School c. Set locations for satellite absentee voting at Bayside Recreation Center, Great Neck Recreation Center, Seatack Recreation Center, and Treasurer's Office Kempsville d. Stratford Chase Precinct to Kempsville Area Library 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 September 1, 2020 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO CHANGE THE POLLING LOCATIONS FOR THE 3 POINT O'VIEW PRECINCT, THE STRATFORD CHASE 4 PRECINCT, AND THE CROMWELL PRECINCT AND TO 5 AMEND SECTION 10-1.1 OF THE CITY CODE TO SET THE 6 LOCATIONS FOR SATELLITE ABSENTEE VOTING 7 8 SECTIONS AMENDED: §§ 10-1 & 10-1.1 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 Sections 10-1 and 10-1.1 of the City Code are hereby amended and reordained to 14 read as follows: 15 16 Sec. 10-1. Establishment of precincts and polling places. 17 18 There are hereby established in the city the following precincts and their respective 19 polling places, as set forth below: 20 21 Precinct Polling Place 22 23 Alanton Alanton Elementary School 24 Aragona Bayside Sixth Grade Campus 25 Arrowhead Arrowhead Elementary School 26 Avalon Woodstock Elementary School 27 Baker Ebenezer Baptist Church 28 Bayside Bayside Elementary School 29 Bellamy Salem Middle School 30 Blackwater Blackwater Fire Station 31 Bonney Discovery Church 32 Brandon Brandon Middle School 33 Brookwood Brookwood Elementary School 34 Buckner Green Run Baptist Church 35 Cape Henry Research and Enlightenment Building (Edgar 36 Cayce Library) 37 Capps Shop Back Bay Christian Assembly 38 Centerville Centerville Elementary School 39 Chesapeake Beach Bayside Baptist Church 40 Chimney Hill Rosemont Elementary School 41 College Park College Park Elementary School 42 Colonial Colonial Baptist Church 43 Colony Lynnhaven Colony Congregational Church 44 Corporate Landing Corporate Landing Middle School 45 Courthouse Kellam High School 46 Creeds Oak Grove Baptist Church 47 Cromwell Landstown High School 48 49 Culver Ocean Lakes High School 50 Dahlia Green Run High School 51 Dam Neck Corporate Landing Elementary School 52 Davis Corner Bettie F. Williams Elementary School 53 Eastern Shore Eastern Shore Chapel 54 Edinburgh St. Aidan's Episcopal Church 55 Edwin Kempsville Middle School 56 Fairfield Kempsville Presbyterian Church 57 Foxfire Wave Church 58 Glenwood Glenwood Elementary School 59 Great Neck All Saints Episcopal Church 60 Green Run Green Run Elementary School 61 Haygood Haygood United Methodist Church 62 Hillcrest New Castle Elementary School 63 Holland Holland Elementary School 64 Homestead Providence Presbyterian Church 65 Hunt Princess Anne Recreation Center 66 Independence Water's Edge Church 67 Indian Lakes Indian Lakes Elementary School 68 Indian River San Lorenzo Spiritual Center 69 Kings Grant St. Nicholas Catholic Church 70 Kingston King's Grant Presbyterian Church 71 Lake Christopher New Covenant Presbyterian Church 72 Lake Joyce Morning Star Baptist Church 73 Lake Smith Bayside Church of Christ 74 Landstown Landstown Community Church 75 Larkspur St. Andrews United Methodist Church 76 Lexington Larkspur Middle School 77 Linkhom Virginia Beach Community Chapel 78 Little Neck Lynnhaven United Methodist Church 79 London Bridge London Bridge Baptist Church 80 Lynnhaven Cape Henry Church 81 Magic Hollow Virginia Beach Moose Family Center 82 Malibu Malibu Elementary School 83 Manor Providence Elementary School 84 Mt. Trashmore Windsor Woods Elementary School 85 Newtown Good Samaritan Episcopal Church 86 North Beach Galilee Episcopal Church 87 North Landing Hope Haven 88 Ocean Lakes Ocean Lakes Elementary School 89 Ocean Park Bayside Community Recreation Center 90 Oceana The Gathering at Scott Memorial United 91 Methodist Church 92 Old Donation Calvary Baptist Church 93 Pembroke Pembroke Elementary School 94 Pinewood Lynnhaven Presbyterian Church 95 Plaza Lynnhaven Elementary School 96 Pleasant Hall Emmanuel Episcopal Church 97 Point O'View Point O'View Elementary School 98 Kempsville 'st 99 Red Wing Seatack Elementary 100 Rock Lake Salem Elementary School 101 Rosemont Forest Rosemont Forest Elementary School 102 Roundhill Salem High School 103 Rudee W. T. Cooke Elementary School 104 Salem Woods Parkway Elementary School 105 Sandbridge Tabernacle United Methodist Church 106 Seatack Mount Olive Baptist Church 107 Shannon Church of the Ascension 108 Shelburne Christopher Farms Elementary School 109 Shell Unity Church of Tidewater 110 Shelton Park Shelton Park Elementary 111 Sherry Park St. Matthews Catholic Church 112 Sigma Red Mill Elementary School 113 South Beach Contemporary Art Center of Virginia 114 Stratford Chase Kempsville Area Library 115 116 Strawbridge Strawbridge Elementary School 117 Tallwood Tallwood Elementary School 118 Thalia Thalia Elementary School 119 Thoroughgood Independence Middle School 120 Timberlake White Oaks Elementary School 121 Trantwood Great Neck Baptist Church 122 Upton Three Oaks Elementary School 123 Village Thalia Lynn Baptist Church 124 Windsor Oaks Windsor Oaks Elementary School 125 Witchduck Bayside Presbyterian Church 126 Wolfsnare Virginia Beach Christian Life Center 127 Central Absentee Voter AgricultureNoter Registrar Building 128 Precinct 129 130 131 Sec. 10-1.1. — Satellite absentee voting locations; notice. 132 133 (a) As authorized by Code of Virginia § 24.2-701.2, the satellite offices to be used in the 134 city for absentee voting in person are the following locations: 135 Bayside Recreation Center, 4500 First Court Road 136 Great Neck Recreation Center. 2521 Shorehaven Drive 137 Seatack Recreation Center, 141 S. Birdneck Road 138 Treasurer's Office Kempsville, 5340 Fairfield Shopping Center 139 140 141 142 143 144 145 The general registrar shall provide notice of such absentee voting locations at the 146 office of the voter registrar and at the voter registrar's website. Such notice will include 147 information regarding what time the location is available for in-person absentee voting 148 and other pertinent details. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 1 s tday of September _, 2020. (A. PPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: APaRie/64.-- - ter Registrar City Att y's Office CA15124 R-3 August 20, 2020 9 ITEM—I.G.2a ORDINANCES/RESOLUTIONS ITEM#70740 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, BY CONSENT, Ordinances to AMEND City Code Section: a. 2-226 and REPEAL Section 2-227 re depositories and safe deposit boxes 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 September 1, 2020 1 AN ORDINANCE TO AMEND SECTION 2-226 OF THE CITY 2 CODE REGARDING CITY DEPOSITORIES AND TO 3 REPEAL SECTION 2-227 REGARDING SAFE DEPOSIT 4 BOXES 5 6 SECTION AMENDED: 2-226 7 SECTION REPEALED: 2-227 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA, THAT: 11 12 Section 2-226 of the City Code is hereby amended and reordained and Section 2- 13 227 of the City Code is hereby repealed as follows: 14 15 Sec. 2-226. - City depositories generally. 16 17 (a) The city treasurer is authorized to deposit or cause to be deposited all funds 18 of the city in any of the following listed banks or savings and loan associations: 19 20 (1) Bank of the Commonwealth; 21 22 (2) First Union; 23 24 (3) Wachovia; 25 26 (1) BB&T; 27 28 (5) Centura; 29 30 (6) First Virginia Bank of Tidewater; 31 32 (7) Bank of America; 33 34 (8) Crestar Bank; 35 36 (9) Cenit Bank for Savings, SFB; 37 38 (10) Bank of Tidewater; 39 40 (11) Bank of Hampton Roads; 41 42 (12) Resource Bank; 43 44 (13) Community Bank; 45 46 (11) TowneBank. 47 48 49 feferred to in this section unttee--bank or savings and loan association that is eligible 50 to hold public deposits in compliance with has-complied-with the Virginia Security for 51 Public Deposits Act, as amended, and other provisions of state law. 52 53 54 Sec. 2 227. Safe-deposit tit' 55 56 The securities and others-of-the-city, under the control 57 e -n-the-e+ty 58 The-opening of J +, is 59and ntrol of, and in the presence of, the city 60 treasurer. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of September , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. Treasurer's Office City A s O ce CA14967 R-1 August 21, 2020 10 ITEM—I.G.2b ORDINANCES/RESOLUTIONS ITEM#70741 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, BY CONSENT, Ordinances to AMEND City Code Section: b. 2-3 re term limits for boards and commission members 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 September 1, 2020 REQUESTED BY THE CITY COUNCIL 1 AN ORDINANCE TO AMEND CITY CODE SECTION 2 2-3 PERTAINING TO TERM LIMITS FOR BOARD 3 AND COMMISSION MEMBERS 4 5 Sec. 2-3. - Limitation on terms of members of boards and commissions; 6 appointment of such members. 7 8 (a) Any person appointed to a board or commission of the city shall be limited to: 9 (1) Eight (8) consecutive one-year terms. 10 (2) Four (4) consecutive two-year terms. 11 (3) Three (3) consecutive three-year terms. 12 (4) Two (2) consecutive four-year terms. 13 (5) Two (2) consecutive five-year terms. 14 15 The council shall limit its selections to those persons who have submitted applications 16 on forms approved by the council and on file with the city clerk. Each member of the 17 council may review the applications fifteen (15) days prior to the appointment. 18 19 No person may be nominated for appointment to an initial term unless that nominee's 20 potential appointment to the board or commission was previously discussed by the City 21 Council during a prior Council meeting. Such discussion may occur during the open or 22 closed portion of the prior meeting, in accordance with the Virginia Freedom of 23 Information Act. 24 25 (b) Notwithstanding the provisions of subsection (a) above, city council may, by an 26 affirmative vote of a majority of all of the councilmembers, reappoint a person to one 27 or more an additional terms beyond that those permitted by subsection (a) when, by 28 virtue of the unique qualifications of the position or other extenuating circumstances, 29 doing so would serve the best interests of the city. 30 31 (c) Term limits shall not apply to appointees of the board of building code appeals. The 32 members of each division of the board of building code appeals shall serve at the 33 pleasure of city council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of September , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15155 R-1 August 26, 2020 11 ITEM—LG.3 ORDINANCES/RESOLUTIONS ITEM#70742 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Brandon Hutchins, 240 Marlene Street, Phone: 289-4249, spoke in SUPPORT Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED Resolution to DIRECT the City Manager to REESTABLISH a Resort Management Office and address Resort Area Initiatives (Requested by Mayor Dyer and Council Members Abbott, Moss, Rouse, Tower, Wilson and Wooten) 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 September 1, 2020 REQUESTED BY MAYOR DYER AND COUNCILMEMBERS ABBOTT, MOSS, ROUSE, TOWER, WILSON AND WOOTEN 1 A RESOLUTION TO DIRECT THE CITY MANAGER TO 2 REESTABLISH A RESORT MANAGEMENT OFFICE, 3 EXPEDITE COMPLETION OF THE MOBILITY PLAN, 4 DEVELOP A REVITALIZATION PROGRAM FOR ATLANTIC 5 AVENUE INFRASTRUCTURE IMPROVEMENTS, AND 6 DEVELOP STRATEGIES TO ADDRESS CRIMINAL AND 7 BEHAVIORAL ISSUES WITHIN THE VIRGINIA BEACH 8 RESORT 9 10 WHEREAS, the City Council recognizes that the Virginia Beach Resort is a major 11 asset of the City of Virginia Beach and created the Resort Advisory Commission to make 12 recommendations to the City Council to maintain and enhance the Resort Area for visitors 13 and residents and to implement improvements to the Resort Area; and 14 15 WHEREAS, the recommendations and proposed improvements by the Resort 16 Advisory Commission, with the City Council's approval, have resulted in improvements 17 within the Resort Area and a history of steadily increasing tourism and tax dollars generated 18 by the Resort Area; and 19 20 WHEREAS, Virginia Beach's hallmark is welcoming families to a safe, diverse 21 environment along Atlantic Avenue and the entire Resort Area; and 22 23 WHEREAS, previous administrations funded a Resort Management Office to 24 facilitate resort initiatives and enforce zoning ordinances; and 25 26 WHEREAS, the Virginia Beach Boardwalk has been recognized as one of the "Top 27 Ten Best Boardwalks in America;" and 28 29 WHEREAS, Virginia Beach consistently has been recognized as one of the best 30 family-oriented beach resorts in America; and 31 32 WHEREAS, it has been thirty years since the last major resort infrastructure 33 improvements were made within the Resort Area, and the need for additional public 34 infrastructure improvements and the reestablishment of a Resort Management Office has 35 become apparent; and 36 37 WHEREAS, the resort has experienced different behavioral issues historically, and 38 Virginia Beach residents, visitors and businesses are united in expressing grave concern 39 in the continuing deterioration in the environment due to behavioral issues, criminal activity, 40 and infrastructure concerns; and 41 42 WHEREAS, the continuation of such a state will cause more harm to citizens and 43 businesses and do irrevocable damage to the City's image; and 44 45 WHEREAS, the City Council supports increasing and maintaining the police 46 presence on Atlantic Avenue and their role in ensuring positive behaviors, protecting public 47 and private properties, and creating a safe and welcoming visitor environment; and 48 49 WHEREAS, the Resort Area competes not just with the Mid-Atlantic states, but with 50 beach resorts throughout the United States, Mexico, and Europe; and 51 52 WHEREAS, the Virginia Beach Hotel Association, Virginia Beach Restaurant 53 Association, Atlantic Avenue Association, 17th Street Gateway Association, adjacent 54 affected civic leagues and the Resort Advisory Commission are united in their request of 55 the Council to take the appropriate actions to move the Resort Area forward and in a 56 competitive nature in a world market; and 57 58 WHEREAS, the City risks a decline or loss of the family-friendly, welcoming, 59 inclusive, uniquely attractive, culturally and racially diverse, safe and clean Resort Area 60 unless steps are taken to implement the Resort Area Strategic Action Plan recently 61 approved by the City Council; and 62 63 WHEREAS, Virginia Beach residents are entitled to a resort amenity that is safe, 64 attractive, and well maintained; 65 66 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 67 OF VIRGINIA BEACH, VIRGINIA THAT: 68 69 1. The City Manager shall reestablish a Resort Management Office physically 70 located in the Resort Area with a manager and appropriate staffing; 71 72 2. The City Manager shall complete the Mobility Plan called for in the Resort 73 Area Strategic Action Plan within the next six months, so that the appropriate budget 74 allocation can be made in the 2021 fiscal budget; 75 76 3. The City Manager shall re-initiate Friendship Patrols in conjunction with local 77 churches and increase Atlantic Avenue entertainment programing to maintain a safe and 78 friendly atmosphere for all visitors and residents; 79 80 4. The City Manager shall implement a customer-friendly parking plan with 81 guidelines and hours of operation with public and private lots that put public safety as a top 82 priority; 83 84 5. The City Manager shall cause the Resort Management Office to implement 85 immediate and continuing maintenance actions that can address the growing list of areas 86 in need of immediate assistance; 87 88 6. The City Manager shall provide adequate resources to increase the police 89 presence on Atlantic Avenue; and 90 2 91 7 The City Council will work with the Resort Advisory Commission to develop a 92 Revitalization Program for Atlantic Avenue infrastructure improvements that reflect the art, 93 history and culture of Virginia Beach that would be funded in Budget Years 2021-2025. 94 95 BE IT FURTHER RESOLVED THAT: 96 97 The City Manager is authorized to transfer funds within existing appropriations and 98 transfer positions within existing FTE authorizations to fully implement this Resolution. The 99 transfer of appropriations may exceed the $100,000 limit upon the transfer delegation 100 provided by Section 10 of the FY 2020-21 Annual Appropriation Ordinance. If the City 101 Manager is unable to complete implementation of this Resolution within existing 102 appropriations or FTE authorizations, the City Manager shall bring forward an ordinance to 103 the City Council within 45 days of the adoption of this Resolution to seek the necessary 104 resources for full implementation. Adopted by the City Council of the City of Virginia Beach this 1st day of September . 2020. APPROVED AS TO LEGAL SUFFICIENCY: Deputy City Attorney oderick R. Ingram City Attorney's Office CA15148 R-3 August 19, 2020 3 12 ITEM—I.G.4 ORDINANCES/RESOLUTIONS ITEM#70743 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, BY CONSENT,Resolution to APPROVE a contract extension between the Virginia Beach Community Services Board and the Commonwealth of Virginia re mental health, developmental and substance use disorder services 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 September 1, 2020 1 A RESOLUTION APPROVING A CONTRACT EXTENSION 2 WITH THE COMMONWEALTH OF VIRGINIA 3 4 WHEREAS, the Virginia Department of Behavioral Health and Developmental 5 Services(VBHDS) provides funding for mental health, developmental,and substance use 6 disorder services through a performance contract with local community services boards; 7 8 WHEREAS, the Virginia Beach Community Service Board exceeds the Code of 9 Virginia mandated minimum local match share for these services; 10 11 WHEREAS, due to the ongoing uncertainties and impacts of the Novel Coronavirus 12 (COVID-19)pandemic,VBHDS opted to extend the terms of the FY 2019-20 Performance 13 Contract for the first six months of FY 2020-21; and 14 15 WHEREAS, the Virginia Beach Community Service Board, at its August 13, 2019 16 meeting, approved the extension of the FY 2019-20 performance contract between the 17 Virginia Beach Community Service Board and the Commonwealth of Virginia; 18 19 NOW BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 20 VIRGINIA THAT: 21 22 The City Council of Virginia Beach hereby approves the extension of the Fiscal Year 23 2019-20 performance contract with the Commonwealth of Virginia, a summary of which is 24 attached as Exhibit A, for a period concluding December 31, 2020. Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of Septeber , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services C' s Office CA15150 R-1 August 19, 2020 FY2021 And FY2022 Community Services Performance Contract FY 2021 Exhibit A: Resources and Services Virginia Beach Community Services Board Consolidated Budget(Pages AF-3 through AF-12) Funding Sources Mental Health Developmental Substance TOTAL (MH)Services (DV)Services Use Disorder (SUD) Services State Funds 9,321,400 837,953 2,405,935 12,565,288 Local Matching Funds 11,666,901 9,257,621 447,044 21,371,566 Total Fees 4,961,361 20,403,221 611,312 25,975,894 Transfer Fees In/(Out) 0 0 0 0 Federal Funds 315,522 0 1,730,010 2,045,532 Other Funds 1,337,959 323,300 796,845 2,458,104 State Retained Earnings 0 0 0 0 Federal Retained Earnings 0 0 0 Other Retained Earnings 0 0 0 0 Subtotal Ongoing Funds 27,603,143 30,822,095 5,991,146 64,416,384 State Funds One-Time 0 0 0 0 Federal Funds One-Time 0 0 0 Subtotal One-Time Funds 0 0 0 0 TOTAL ALL FUNDS 27,603,143 30,822,095 5,991,146 64,416,384 Cost for MH/DV/SUD Services 26,974,547 30,579,128 3,859,151 61,412,826 Cost for Emergency Services(AP-4) 2,855,188 Cost for Ancillary Services (AP-4) 658,979 Total Cost for Services 64,926,993 Local Match Computation CSB Administrative Percentage Total State Funds 12,565,288 Administrative Expenses 7,482,897 Total Local Matching Funds 21,371,566 Total Cost for Services 64,926,993 Total State and Local Funds 33,936,854 Admin/Total Expenses 11.53% Total Local Match % 62.97% (Local/Total State+ Local) Report Date 7/2/2020 AF-1 FY2021 And FY2022 Community Services Performance Contract FY 2021 Exhibit A:Resources and Services Virginia Beach Community Services Board Financial Comments Commend MH Other Federal-CSB=$47,405 USDA Comment2 MH Total Regional=$12,500 Clinical Supervision Comment3 MH Other Funds$1,337,959=$24,860 Probation&Parole,$9,640 Records, Comment4 S26,692 Miscellaneous revenue,$10,200 Beach House Comments Snack Bar Receipts, $100,501 Anticipated PATH additional award, Comment6 $916,066 Sheriff's Jail Initiative,$250,000 Retained for Complex Care Comment7 DV Other Funds=$323,000 DARS,$300 Miscellaneous revenue Comment8 SA Other Federal-CSB=$12,791 Health Department HIV Comment9 SA Other Funds$796,845=$22,328 Miscellaneous revenue,$694,677 Anticipated Commentl0 SOR award$25,200 Medically Monitored Services to Other Boards, Commentll $54,640 School Prevention Contract Comment12 Some capacities have been reduced due to COVID-19 impact Commentl3 Comment14 Commentl5 Comment16 Commentll Comment18 Comment19 Comment20 Comment21 Comment22 Comment23 Comment24 Comment25 Report Date 7/2/2020 AF-2 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services Mental Health (MH)Services Virginia Beach Community Services Board Funding Sources Funds FEES MH Medicaid Fees 4,541,854 MH Fees:Other 419,507 Total MH Fees 4,961,361 MH Transfer Fees In/(Out) 0 MH Net Fees 4,961,361 FEDERAL FUNDS MH FBG SED Child&Adolescent(93.958) 225,019 MH FBG Young Adult SMI(93.958) 0 MH FBG SMI(93.958) 16,650 MH FBG SMI PACT(93.958) 0 MH FBG SMI SWVBH Board (93.958) 0 Total MH FBG SMI Funds 16,650 MH FBG Geriatrics(93.958) 0 MH FBG Peer Services (93.958) 0 Total MH FBG Adult Funds 16,650 MH Federal PATH(93.150) 26,448 MH Federal COVID Emergency Grant(93.665) • MH Other Federal-DBHDS 0 MH Other Federal-COVID Support MH Other Federal-CSB 47,405 Total MH Federal Funds 315,522 STATE FUNDS Regional Funds MH Acute Care(Fiscal Agent) 0 MH Acute Care Transfer In/(Out) 0 Total MH Net Acute Care-Restricted 0 MH Regional DAP(Fiscal Agent) 0 MH Regional DAP Transfer In/(Out) 2,895 Total MH Net Regional DAP-Restricted 2,895 MH Regional Residential DAP-Restricted 0 MH Crisis Stabilization(Fiscal Agent) 0 MH Crisis Stabilization-Transfer In/(Out) 794,934 Total Net MH Crisis Stabilization-Restricted 794,934 MH Transfers from DBHDS Facilities(Fiscal Agent) 0 MH Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net MH Transfers from DBHDS Facilities 0 MH Expanded Community Capacity(Fiscal Agent) 0 MH Expanded Community Capacity Transfer In/(Out) 302,709 Total MH Net Expanded Community Capacity 302,709 AF-3 Report Date 7/2/2020 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services Mental Health (MH)Services Virginia Beach Community Services Board Funding Sources Funds MH First Aid and Suicide Prevention(Fiscal Agent) 0 MH First Aid and Suicide Prevention Transfer In/(Out) 0 Total MH Net First Aid and Suicide Prevention 0 MH STEP-VA Outpatient(Fiscal Agent) 347,895 MH STEP-VA Outpatient Transfer In/Out 12,500 Total Net MH STEP-VA Outpatient 360,395 MH STEP-VA Crisis(Fiscal Agent) 0 MH STEP-VA Crisis Transfer In/Out 0 Total Net MH STEP-VA Crisis 0 MN Forensic Discharge Planning(Fiscal Agent) 0 MH Forensic Discharge Planning Transfer In/(Out) 0 Total Net MH Forensic Discharge Planning 0 MH Permanent Supportive Housing(Fiscal Agent) 917,168 MH Permanent Supportive Housing Transfer In/(Out) 0 Total Net MH Permanent Supportive Housing 917,168 MH Recovery(Fiscal Agent) 0 MH Other Merged Regional Funds(Fiscal Agent) 1,468,833 MH State Regional Deaf Services(Fiscal Agent) 0 MH Total Regional Transfer In/(Out) 455,478 Total MH Net Unrestricted Regional State Funds 1,924,311 Total MH Net Regional State Funds 4,302,412 Children State Funds MH Child&Adolescent Services Initiative 338,661 MH Children's Outpatient Services 75,000 MH Juvenile Detention 111,724 Total MH Restricted Children's Funds 525,385 MH State Children's Services 25,000 MH Demo Proj-System of Care(Child) 0 Total MH Unrestricted Children's Funds 25,000 MH Crisis Response&Child Psychiatry(Fiscal Agent) 0 MH Crisis Response&Child Psychiatry Transfer In/(Out) 119,369 Total MH Net Restricted Crisis Response&Child Psychiatry 119,369 Total State MH Children's Funds(Restricted for Children) 669,754 Other State Funds MH Law Reform 397,790 MH Pharmacy-Medication Supports 29,949 MH Jail Diversion Services 241,670 MH Rural Jail Diversion 0 AF-4 Report Date 7/2/2020 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds MH Docket Pilot JMHCP Match 0 MH Adult Outpatient Competency Restoration Services 0 MH CIT-Assessment Sites 348,668 MH Expand Telepsychiatry Capacity 0 MH PACT 850,000 MH PACT-Forensic Enhancement 200,000 MH Gero-Psychiatric Services 0 MH STEP-VA-SDA,Primary Care Screening,Ancillary Services,and 467,129 Clinicians Crisis MH Young Adult SMl 0 Total MH Restricted Other State Funds 2,535,206 MH State Funds 1,814,028 MH State NGRI Funds 0 MH Geriatrics Services 0 Total MH Unrestricted Other State Funds 1,814,028 Total MH Other State Funds 4,349,234 TOTAL MH STATE FUNDS 9,321,400 MH Other Funds 1,337,959 MH Federal Retained Earnings 0 MH State Retained Earnings 0 MH State Retained Earnings-Regional Programs 0 MH Other Retained Earnings 0 Total MH Other Funds 1,337,959 LOCAL MATCHING FUNDS MH Local Government Appropriations 11,666,901 MH Philanthropic Cash Contributions 0 MH In-Kind Contributions 0 MH Local Interest Revenue 0 Total MH Local Matching Funds 11,666,901 Total MH Funds 27,603,143 MH ONE TIME FUNDS MH FBG SMI(93.958) 0 MH FBG SED Child&Adolescent(93.958) 0 MH FBG Peer Services (93.958) 0 MH State Funds 0 MH One-Time Restricted State Funds 0 Total One Time MH Funds 0 Total MH All Funds 27,603,143 AF-5 Report Date 7/2/2020 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services Developmental Services (DV) Virginia Beach Community Services Board Funding Sources Funds FEES DV Medicaid DD Waiver Fees 7,290,354 DV Other Medicaid Fees 0 DV Medicaid ICF/IDD Fees 12,579,030 DV Fees:Other 533,837 Total DV Fees 20,403,221 DV Transfer Fees In/(Out) 0 DV NET FEES 20,403,221 FEDERAL FUNDS DV Other Federal-DBHDS 0 DV Other Federal-CSB 0 DV Other Federal-COVID Support 0 Total DV Federal Funds 0 STATE FUNDS DV State Funds 837,953 DV OBRA Funds 0 Total DV Unrestricted State Funds 837,953 DV Trust Fund(Restricted) 0 DV Rental Subsidies 0 DV Guardianship Funding 0 DV Crisis Stabilization(Fiscal Agent) 0 DV Crisis Stabilization Transfer In(Out) 0 DV Net Crisis Stabilization 0 DV Crisis Stabilization-Children(Fiscal Agent) 0 DV Crisis Stabilization-Children Transfer In(Out) 0 DV Net Crisis Stabilization-Children 0 DV Transfers from DBHDS Facilities(Fiscal Agent) 0 DV Transfers from DBHDS Facilities-Transfer In/(Out 0 Total Net DV Transfers from DBHDS Facilities 0 Total DV Restricted State Funds 0 Total DV State Funds 837,953 AF-6 Report Date 7/2/2020 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services Developmental Services(DV) Virginia Beach Community Services Board Funding Sources Funds OTHER FUNDS DV Workshop Sales 0 DV Other Funds 323,300 DV State Retained Earnings 0 DV State Retained Earnings-Regional Programs 0 DV Other Retained Earnings 0 Total DV Other Funds 323,300 LOCAL MATCHING FUNDS DV Local Government Appropriations 9,255,377 DV Philanthropic Cash Contributions 2,244 DV In-Kind Contributions 0 DV Local Interest Revenue 0 Total DV Local Matching Funds 9,257,621 Total DV Funds 30,822,095 DV ONE TIME FUNDS DV One-Time Restricted State Funds 0 Total One Time DV Funds 0 Total DV All Funds 30,822,095 AF-7 Report Dote 7/2/2020 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds FEES SUD Medicaid Fees 609,855 SLID Fees:Other 1,457 Total SLID Fees 611,312 SUD Transfer Fees In/(Out) 0 SLID NET FEES 611,312 FEDERAL FUNDS SUD FBG Alcohol/Drug Treatment(93.959) 985,968 SUD FBG SARPOS(93.959) 65,231 SUD FBG Jail Services (93.959) 165,147 SUD FBG Co-Occurring(93.959) 34,574 SUD FBG New Directions(93.959) 0 SLID FBG Recovery(93.959) 0 SUD FBG MAT-Medically Assisted Treatment(93.959) 0 Tota SLID FBG Alcohol/Drug Treatment Funds 1,250,920 SUD FBG Women(includes LINK at 6 CSBs)(93.959) 187,279 Total SUD FBG Women Funds 187,279 SUD FBG Prevention(93.959) 279,020 SLID FBG Prey-Family Wellness(93.959) 0 Total SUD FBG Prevention Funds 279,020 SUD Federal VA Project LINK/PPW(93.243) 0 SUD Federal Strategic Prevention(93.243) 0 SUD Federal COVID Emergency Grant(93.665) 0 SUD Federal YSAT—Implementation(93.243) 0 SLID Federal OPT-R-Prevention(93.788) 0 SUD Federal OPT-R-Treatment(93.788) 0 SUD Federal OPT-R-Recovery(93.788) 0 Total SLID Federal OPT-R Funds(93.788) 0 SUD Federal Opioid Response—Recovery(93.788) 0 SLID Federal Opioid Response—Treatment(93.788) 0 SUD Federal Opioid Response—Prevention(93.788) 0 Total SLID Federal Opioid Response Funds(93.788) 0 SLID Other Federal-DBHDS 0 SUD Other Federal-CSB 12,791 SLID Other Federal-COVID Support 0 TOTAL SUD FEDERAL FUNDS 1,730,010 AF-8 Report Date 7/2/2020 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds STATE FUNDS Regional Funds SUD Facility Reinvestment(Fiscal Agent) 0 SUD Facility Reinvestment Transfer In/(Out) 476,036 Total SUD Net Facility Reinvestment 476,036 SUD Transfers from DBHDS Facilities(Fiscal Agent) 0 SUD Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net SUD Transfers from DBHDS Facilities 0 SUD Community Detoxification(Fiscal Agent) 0 SUD Community Detoxification—Transfer In/(Out) 0 Total Net SUD Community Detoxification 0 SUD STEP-VA(Fiscal Agent) 0 SUD STEP-VA -Transfer In/(Out) 0 Total SUD Net STEP-VA-Restricted 0 Total SUD Net Regional State Funds 476,036 Other State Funds SUD Women(includes LINK at 4 CSBs)(Restricted) 1,800 SUD Recovery Employment 0 SUD MAT-Medically Assisted Treatment 130,000 SUD Peer Support Recovery 0 SUD Permanent Supportive Housing Women 0 SUD SARPOS 76,097 SUD Recovery 0 Total SUD Restricted Other State Funds 207,897 SUD State Funds 1,460,999 SUD Region V Residential 131,215 SUD Jail Services/Juvenile Detention 27,216 SUD HIV/AIDS 102,572 Total SUD Unrestricted Other State Funds 1,722,002 Total SUD Other State Funds 1,929,899 TOTAL SUD STATE FUNDS 2,405,935 OTHER FUNDS SUD Other Funds 796,845 SUD Federal Retained Earnings 0 SUD State Retained Earnings 0 SUD State Retained Earnings-Regional Programs 0 SUD Other Retained Earnings 0 Total SUD Other Funds 796,845 LOCAL MATCHING FUNDS SUD Local Government Appropriations 447,044 SUD Philanthropic Cash Contributions 0 AF-9 Report Dote 7/2/2020 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds SUD In-Kind Contributions 0 SUD Local Interest Revenue 0 Total SUD Local Matching Funds 447,044 Total SUD Funds 5,991,146 SUD ONE-TIME FUNDS SUD FBG Alcohol/Drug Treatment (93.959) 0 SUD FBG Women(includes LINK-6 CSBs)(93.959) 0 SUD FBG Prevention(93.959) 0 SUD FBG Recovery(93.959) 0 SUD State Funds 0 Total SUD One-Time Funds 0 Total All SUD Funds 5,991,146 AF-10 Report Dote 7/2/2020 FY2021 And FY2022 Community Services Performance Contract FY 2021 Exhibit A: Resources and Services Local Government Tax Appropriations Virginia Beach Community Services Board City/County Tax Appropriation Virginia Beach City 21,369,322 Total Local Government Tax Funds: 21,369,322 Report Date 7/2/2020 AF-11 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services Supplemental Information Reconciliation of Projected Resources and Core Services Costs by Program Area Virginia Beach Community Services Board MH DV SUD Emergency Ancillary Services Services Services Services Services Total Total All Funds(Page AF-1) 27,603,143 30,822,095 5,991,146 64,416,384 Cost for MH,DV,SUD, 26,974,547 30,579,128 3,859,151 2,855,188 658,979 64,926,993 Emergency,and Ancillary Services Difference 628,596 242,967 2,131,995 -2,855,188 -658,979 -510,609 Difference results from Other: 510,609 Explanation of Other in Table Above: DAP to be paid on behalf of VBCSB by WTCSB Report Date 7/2/2020 AF-12 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services CSB 100 Mental Health Services Virginia Beach Community Services Board Report for Form 11 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 310 Outpatient Services 30.17 FTEs 1721 $4,508,307 312 Medical Services 23.08 FTEs 2400 $4,011,098 350 Assertive Community Treatment 11.1 FTEs 109 $1,897,705 320 Case Management Services 56.31 FTEs 1400 $6,634,974 410 Day Treatment or Partial Hospitalization 12 Slots 100 $523,626 420 Ambulatory Crisis Stabilization Services 5 Slots 40 $268,156 425 Mental Health Rehabilitation 41 Slots 175 $1,729,775 460 Individual Supported Employment 3,95 FTEs 50 $435,768 510 Residential Crisis Stabilization Services 12 Beds 320 $2,858,390 551 Supervised Residential Services 32 Beds 40 $961,158 581 Supportive Residential Services 13.68 FTEs 149 $3,116,294 610 Prevention Services 0.2 FTEs $29,296 Totals 6,504 $26,974,547 Report Date 7/2/2020 AP-1 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services CSB 200 Developmental Services Virginia Beach Community Services Board Report for Form 21 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 312 Medical Services 0.5 FTEs 14 $85,861 320 Case Management Services 30.8 FTEs 931 $3,924,774 425 Developmental Habilitation 69 Slots 156 $4,197,250 465 Group Supported Employment 16 Slots 36 $717,536 460 Individual Supported Employment 10.7 FTEs 150 $966,958 501 Highly Intensive Residential Services(Community-Based ICF/ID Services) 47 Beds 47 $13,934,414 521 Intensive Residential Services 25 Beds 25 $3,406,449 551 Supervised Residential Services 7 Beds 7 $654,647 581 Supportive Residential Services 35.56 FTEs 62 $2,691,239 Totals 1,428 $30,579,128 Report Date 7/2/2020 AP-2 FY2O21 And FY2O22 Community Services Performance Contract FY2021 Exhibit A: Resources and Services CSB 300 Substance Use Disorder Services Virginia Beach Community Services Board Report for Form 31 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 310 Outpatient Services 5.6 FTEs 300 $776,235 335 Medication Assisted Treatment Services 0 FTEs 170 $864,243 320 Case Management Services 1.98 FTEs 65 $222,538 410 Day Treatment or Partial Hospitalization 9 Slots 85 $372,686 501 Highly Intensive Residential Services(Medically Managed Withdrawal Services) 4 Beds 150 $739,934 521 Intensive Residential Services 2 Beds 16 $65,231 610 Prevention Services 5.68 FTEs $818,284 Totals 786 $3,859,151 Report Date 7/2/2020 AP-3 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services CSB 400 Emergency and Ancillary Services Virginia Beach Community Services Board Report for Form 0l Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 100 Emergency Services 23.23 FTEs 2825 $2,855,188 318 Motivational Treatment Services 0.25 FTEs 280 $43,776 390 Consumer Monitoring Services 2.88 FTEs 370 $382,621 720 Assessment and Evaluation Services 2.2 FTEs 1000 $232,582 Totals 4,475 $3,514,167 Report Date 7/2/2020 AP-4 FY2021 And FY2022 Community Services Performance Contract Table 2: Board Management Salary Costs Name of CSB: Virginia Beach Community Services Board FY2021 Table 2a: FY 2021 Salary Range Budgeted Tot. Tenure Management Position Title Beginning Ending Salary Cost (yrs) Executive Director $199,503.00 $199,503.00 $199,503.00 1.00 Table 2: Integrated Behavioral and Primary Health Care Questions 1. Is the CSB participating in a partnership with a federally qualified health center, free clinic, or local health department to integrate the provision of behavioral health and primary health care? No 2. If yes,who is the partner? L 7 a federally qualified health center Name: ❑ a free clinic Name: El a local health department, or Name: LJ another organization Name: 3. Where is primary health (medical)care provided? • on-site in a CSB program, • on-site at the primary health care provider,or another site--specify: 4.Where is behavioral health care provided? L on-site in a CSB program, O on-site at the primary health care provider,or 0 another site--specify: Report Date 7/2/2020 AP-5 13 ITEM—I.G.5 ORDINANCES/RESOLUTIONS ITEM#70744 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, BY CONSENT, Ordinance to ESTABLISH CIP# 100533 "CIT-Next Generation 911" and TRANSFER $1,561,397from CIP#3-619 re 911 system upgrade 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 September 1, 2020 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT 2 100533 "CIT-NEXT GENERATION 911" AND TO 3 TRANSFER $1,561,397 FROM CAPITAL PROJECT 3-619 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 THAT- 7 8 1. Capital Project 100533 "CIT-Next Generation 911" is hereby established in the FY 9 2020-21 Capital Improvement Program with the attached project page providing 10 the applicable details for the project; and 11 12 2. $1,561,397 in available funding is hereby transferred from Capital Project 3-619 13 "CIT-ALI Database Management and Selective Routing"to Capital Project 100533. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of September , 2020. Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY 11 Budget,& Management Services City omey's Office CA15151 R-1 August 19, 2020 City of Virginia Beach FY 2022 thru FY 2027 Capital Improvement Program Project: 100533 Title:CIT-Next Generation 911 Status: Approved Category: Information Technology I Department: Information Technology Ranking: 0 Project Type Project Location Project Type: Technology District: Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 Funding 0 0 0 0 0 0 0 0 0 Description and Scope This project will implement the components and technologies associated with the legacy 911 telephony system in order to provide emerging Next Generation 911 capabilities such as text,images,and video. Purpose and Need Current 911 technologies are based on legacy telephone technology and requires the migration from legacy,circuit-switched 9-1-1 with limited interoperability to a Next Generation 9-1-1("NG9-1-1")regional system built on a standards-based Emergency Services IP[Internet Protocol]Network.This will enable seamless interoperability across the region,as well as allow Emergency Communications and Citizen Services(ECCS)to meet the needs of our public safety partners by providing more accurate,detailed and timelier data as they respond to calls for service with better routing and location services.The new platform will meet the new emergency services standards with i3 compliant technology.ECCS will also be able to meet the expectations of citizens to receive and process voice calls, text,ima:es,video,and other data provided as we've moved into a primarily wireless mobile society. History and Current Status Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount Total Budgetary Cost Estimate: 0 Means of Financing Funding Subclass Amount Local Funding • Total Funding: 0 GovMax 1 8/27/2020 14 ITEM—I.G.6 ORDINANCES/RESOLUTIONS ITEM#70745 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, BY CONSENT, Resolution to SUPPORT the City's 2020 Project Applications to the Virginia Department of Transportation (VDOT)SMART SCALE Program 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 September 1, 2020 1 A RESOLUTION IN SUPPORT OF THE CITY'S 2020 2 PROJECT APPLICATIONS TO THE VIRGINIA 3 DEPARTMENT OF TRANSPORTATION SMART SCALE 4 PROGRAM 5 6 WHEREAS, the City of Virginia Beach is eligible to submit applications through 7 the Virginia Department of Transportation SMART SCALE program for consideration 8 based upon an objective score in the areas of Congestion Mitigation, Safety, 9 Accessibility, Environmental Quality, Economic Development, and Land Use 10 Coordination; 11 12 WHEREAS, requested SMART SCALE revenue reimbursement can be up to 13 100% of the total project cost, although the locality's ability to contribute to the 14 submitted project is a factor in the award process; 15 16 WHEREAS, the City's highest priority improvement projects that meet the 17 eligibility for funding are Holland Road Phase I, South Independence Boulevard and 18 Edwin Drive Intersection, Laskin Road Phase III, and Northampton Boulevard and 19 Diamond Springs Road Intersection; 20 21 WHEREAS, on June 16, 2020, the City Council adopted a Resolution of Support 22 for project applications Holland Road Phase I, South Independence Boulevard and 23 Edwin Drive Intersection, Laskin Road Phase III, and Northampton Boulevard and 24 Diamond Springs Road Intersection; and 25 26 WHEREAS, in the process of submission of applications in the Virginia 27 Department of Transportation's SMART Portal, project cost estimates for these four 28 projects changed from their June 16th totals as a result of a newly introduced inflation 29 variable. 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA THAT: 33 34 1. The City Council of the City of Virginia Beach hereby reaffirms its support 35 the following four project applications to the Virginia Department of Transportation's 36 SMART SCALE Program: 37 a. Holland Road, Phase I; 38 b. South Independence Boulevard and Edwin Drive Intersection; 39 c. Laskin Road, Phase III; and 40 d. Northampton Boulevard and Diamond Springs Road Intersection 41 42 2. Commonwealth and Federal funds will be requested from the SMART 43 SCALE Program in the following amounts: 44 a. $16,800,000 for Holland Road Phase I; 45 b. $9,800,000 for South Independence Boulevard and Edwin Drive 46 Intersection; 47 c. $25,600,000 for Laskin Road Phase III; and 48 d. $9,800,000 for Northampton Boulevard and Diamond Springs 49 Road Intersection. 50 51 3. The required local matching funds, as determined by the SMART SCALE 52 award process, will be provided with allocations of local funding in the City's Capital 53 Improvement Program. 54 55 4. The City Manager is hereby authorized to execute on behalf of the City of 56 Virginia Beach all necessary project agreements for project development and 57 construction required by the Virginia Department of Transportation. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 s t day of September , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY' t14 Budget and tYVlanagement Services G y tto s ice CA15149 R-1 August 19, 2020 15 ITEM—I.G.7 ORDINANCES/RESOLUTIONS ITEM#70746 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, BY CONSENT, Resolution to PROVIDE for the issuance and sale of Storm Water Utility Revenue Bonds, Series 2020A, in a maximum principal amount of$90-Million, and Storm Water Utility Refund Revenue Bonds, Series 2020B, in a maximum principal amount of$1 7.5-Million, PROVIDE for the form, details and payments thereof to finance and refinance the cost of improvements to the Storm Water Utility System and AUTHORIZE the execution and delivery of document related to such financing 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 September 1, 2020 RESOLUTION OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, TO PROVIDE FOR THE ISSUANCE AND SALE OF STORM WATER UTILITY REVENUE BONDS, SERIES 2020A, IN A MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $90,000,000, AND STORM WATER UTILITY REFUNDING REVENUE BONDS, SERIES 2020B, IN A MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $17,500,000, PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF TO FINANCE AND REFINANCE IMPROVEMENTS TO THE CITY'S STORMWATER UTILITY SYSTEM AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN RELATED DOCUMENTS WHEREAS, the Council (the "Council") of the City of Virginia Beach, Virginia (the "City") has been advised that it would be advantageous for the City to issue its storm water utility revenue bonds to (a) finance the costs of certain improvements and extensions to the City's stormwater utility system (the "System") and (b) obtain debt service savings by refunding certain maturities of the City's outstanding Storm Water Utility Revenue Bonds, Series 2010A-2 (Taxable-Build America Bonds), and Storm Water Utility Refunding Revenue Bonds, Series 2010B (Tax-Exempt), other than the Series 2010 Bonds maturing on November 15, 2020 (the Series 2010 Bonds to be refunded are hereinafter collectively referred to as the "Refunded Bonds"); WHEREAS, the Council has previously adopted ordinances authorizing the City's issuance of storm water utility revenue bonds in principal amounts sufficient to permit the issuance described below; WHEREAS, based upon the premises described above the Council has determined that it is desirable and in the best interests of the City to undertake the issuance of(a) $90,000,000 in maximum aggregate principal amount of its storm water utility revenue bonds to finance costs of improvements and extensions to the System, and (b) $17,500,000 in maximum aggregate principal amount of its storm water utility refunding revenue bonds to refund the Refunded Bonds at their first optional redemption date, and that proceeds may also be used to pay costs of issuance and fund debt service reserves; and WHEREAS, there have been presented to this meeting or otherwise made available the following documents and draft documents in connection with the undertaking of the above- described financing and refinancing and the issuance and sale of such bonds: (a) Agreement of Trust dated as of January 1, 2000, between the City and U.S. Bank National Association (as successor to First Union National Bank), as trustee (the "Trustee"), as previously amended and supplemented(the"Master Agreement of Trust"); (b) Draft of Fifth Supplemental Agreement of Trust dated as of October 1, 2020, between the City and the Trustee (the "Fifth Supplemental Agreement" and, together with the Master Agreement of Trust, the 1 "Agreement of Trust"), pursuant to which such bonds will be issued, and including the forms of such bonds as an exhibit thereto; (c) Draft of Notice of Sale to be dated on or about September 16, 2020, to advertise such storm water utility revenue bonds for sale (the "Notice of Sale"); (d) Draft of Preliminary Official Statement to be dated on or about September 16, 2020 (the "Preliminary Official Statement"), relating to the public offering of such bonds; and (e) Draft of Continuing Disclosure Agreement dated as of October 1, 2020 (the "Continuing Disclosure Agreement"), pursuant to which the City will agree to undertake continuing disclosure obligations pursuant to Securities and Exchange Commission Rule 15c2-12, as amended (the "Rule"), for the benefit of the holders of such bonds. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Authorization and Designation of Bonds and Use of Proceeds. The City hereby authorizes the issuance and sale of its storm water utility revenue bonds in multiple series, as follows: (a) $90,000,000 in maximum aggregate principal amount of bonds designated as "Storm Water Utility Revenue Bonds, Series 2020A," or such other designation as may be approved by the City Manager (the "Series 2020A Bonds"), and (b) $17,500,000 in maximum aggregate principal amount of bonds designated as "Storm Water Utility Refunding Revenue Bonds, Series 2020B," or such other designation as may be approved by the City Manager (the "Series 2020B Bonds" and, collectively with the Series 2020A Bonds, the "Bonds"), all pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The proceeds of the Series 2020A Bonds shall be used to finance the costs of improvements and extensions to the System, the proceeds of the Series 2020B Bonds shall be used to refund the Refunded Bonds at their first optional redemption date, and any proceeds of the Bonds may also be used to pay costs of issuance or fund debt service reserves. 2. Fifth Supplemental Agreement. The City Manager is hereby authorized and directed to execute and deliver the Fifth Supplemental Agreement, which shall be in substantially the form presented to this meeting, which is hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager may approve. The continuation in the Fifth Supplemental Agreement of the springing amendment to the Agreement of Trust set forth in Section 4.103 of the Fourth Supplemental Agreement of Trust dated as of February 1, 2019, between the City and the Trustee, is hereby approved. The execution of the Fifth Supplemental Agreement by the City Manager shall constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 3. Bond Details. The Bonds shall be dated the date determined by the City Manager, shall be in registered form, in denominations of $5,000 and multiples thereof, and shall be 2 numbered RA-1 or RB-1 upward. Each Bond shall bear interest at such rate as shall be determined at the time of sale, payable semiannually on dates determined by the City Manager, calculated on the basis of a 360-day year of twelve 30-day months. The Council authorizes the issuance and sale of the Bonds in such principal amounts and upon such terms as shall be determined by the City Manager provided that the Bonds shall (a) have a true interest cost not exceeding 3.50% for the combined series (taking into account any original issue discount or premium), (b) have a final maturity no later than November 15, 2045, (c)be sold at a net price of not less than 100% of the aggregate principal amount thereof, and (d) be in an aggregate principal amount not exceeding$107,500,000. 4. Preparation and Delivery of the Bonds. The Mayor is hereby authorized and directed to execute the Bonds by manual or facsimile signature, the City Clerk is hereby authorized and directed to countersign the Bonds and affix the seal of the City thereto or cause a facsimile thereof to be printed thereon, and the officers of the City are hereby authorized and directed to deliver the Bonds to the Registrar (as defined in the Agreement of Trust) for authentication and delivery to the purchaser. 5. Pledge of Security. The Bonds shall be limited obligations of the City, payable solely from Pledged Revenues (as defined in the Agreement of Trust) and the funds created by the Agreement of Trust and pledged to the payment of the Bonds, and nothing in the Bonds or the Agreement of Trust shall be deemed to create or constitute an indebtedness or pledge of the full faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the City. 6. Sale of Bonds. The Bonds shall be sold through a competitive sale. The City Manager is authorized and directed to take all proper steps to finalize and distribute, in accordance with standard practices of municipal securities, the Notice of Sale, which shall be in substantially the form presented to the City Council prior to this meeting, which is hereby approved, with such completions, omissions, insertions and changes as the City Manager may approve to the reflect the terms of the Bonds determined in accordance with this Resolution. The City Manager is authorized to receive bids for the Bonds and to award the Bonds to the bidder providing the lowest true interest cost, subject to the limitations set forth in Section 3 of this Resolution. The actions of the City Manager in selling the Bonds by competitive sale shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the Council. 7. Official Statement. The City Manager is hereby authorized and directed to approve the distribution of the Preliminary Official Statement to potential purchasers of the Bonds with such completions, omissions, insertions and other changes not inconsistent with this Resolution as the City Manager, in collaboration with Butler Snow LLP, as bond counsel ("Bond Counsel"), may consider appropriate to complete it as an official statement in final form. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the final Official Statement to be "final" as of their dates within the meaning of the Rule, except for the omission from the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to the Rule. The City Manager is further authorized, on behalf of the City, to execute the final Official Statement. The distribution of the 3 Preliminary Official Statement and the execution of the final Official Statement by the City Manager shall be conclusive evidence that each has been approved and deemed final. 8. Continuing Disclosure. The City Manager is hereby authorized and directed to execute and deliver the Continuing Disclosure Agreement, which shall be in substantially the form presented to the City Council prior to this meeting, which is hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager may approve. The execution of the Continuing Disclosure Agreement by the City Manager shall constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 9. Non-Arbitrage Certificate and Elections. Such officers of the City as may be requested by Bond Counsel are authorized and directed to (a) execute appropriate certificates setting forth the expected use and investment of the proceeds of the Bonds to show that such expected use and investment will not violate the provisions of Section 148 of the Code, and the regulations thereunder, applicable to "arbitrage bonds," (b) make any elections that such officers deem desirable, in consultation with Bond Counsel, under the Code, including, without limitation, under any provision requiring rebate to the United States of"arbitrage profits" earned on investment of proceeds of the Bonds or any provision permitting treatment of the Bonds as a "multipurpose issue," and (c) file Internal Revenue Service Form 8038-G. The foregoing shall be subject to the advice, approval and direction of Bond Counsel. 10. Further Actions. All other actions of officers of the City that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds, and the plan of financing and refinancing related thereto, are hereby approved and ratified. The officers of the City are authorized and directed to execute and deliver such further certificates and instruments and to take all such further actions as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 11. Effective Date. This Resolution shall take effect immediately. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Finance Department , ey's 0 ice CA-15127 R-1 August 20, 2020 4 CERTIFICATE OF RESOLUTION The undersigned Clerk of the City Council (the "Council") of the City of Virginia Beach, Virginia(the "City"), hereby certifies that: 1. A regular meeting of the Council was duly called and held on September 1, 2020 (the "Meeting"), at which a quorum was present and acting at all times. 2 Attached hereto is a true, correct and complete copy of a resolution (the "Resolution") of the Council entitled "Resolution of the Council of the City of Virginia Beach, Virginia, to Provide for the Issuance and Sale of Storm Water Utility Revenue Bonds, Series 2020A, in a Maximum Aggregate Principal Amount of$90,000,000, and Storm Water Utility Refunding Revenue Bonds, Series 2020B, in a Maximum Aggregate Principal Amount of $17,500,000, Providing for the Form, Details and Payment Thereof to Finance and Refinance Improvements to the City's Stormwater Utility System and Authorizing the Execution and Delivery of Certain Related Documents," as recorded in full in the minutes of the Meeting and duly adopted by a majority of all members of the Council. 3. A summary of the members of the Council present or absent at the Meeting, and the recorded vote with respect to the Resolution, is set forth below: Voting Member Name Present Absent Yes No Abstaining Robert M. Dyer, Mayor X X James L. Wood, Vice Mayor X X Jessica P. Abbott X X Michael F. Berlucchi X x Barbara M. Henley x X Louis R. Jones X X John D. Moss X X Aaron R. Rouse X X Guy King Tower x X Rosemary Wilson X x Sabrina D. Wooten X x 4. The Resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this 1 s t day of September 2020. Cler , Coun of the City of Virginia Beach, Virginia (SEAL) 5 16 ITEM—LF FORMAL SESSION AGENDA PLANNING COMMISSION—PLANNING ITEMS ITEM#70747 Mayor Dyer advised for items where only one(1)speaker is registered, the Chief Deputy City Clerk will call the speaker and they will be given three(3)minutes on each Planning Item they registered to speak. / The Chief Deputy City Clerk called the following speaker: Barbara Messner, P. O.Box 514, spoke in OPPOSITION on items:H. 1, 2, 6a/b, 7a/b and 8 Upon motion by Vice Chair Weiner,seconded by Commissioner Wall,Planning Commission APPROVED, BY CONSENT,Planning Items H:1,2, 6a/b, 7a/b and 8 Voting: 6-0 Planning Commission Members Voting Aye: George Alcaraz,John H. Coston,Michael Inman, Dee Oliver,Jack Wall and David Weiner Planning Commission Members Absent: Steve Barnes, Walter Graham,Donald Horsley,Robyn Klein and David Redmond September 1, 2020 17 ITEM—I.F FORMAL SESSION AGENDA CITY COUNCIL—PLANNING ITEMS ITEM#70748 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED, BY CONSENT,Planning Items H: 1,2, 6a/b, 7a/b and 8 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 Council Member Henley will vote verbal nay on Items: 1,2, 6a/b, 7a/b and 8 Council Member Moss will vote verbal nay on Items: 1, 6a/b, and 7a/b September 1, 2020 18 ITEM—LH.1 PLANNING PLANNING COMMISSION ITEM#70749 Upon motion by Vice Chair Weiner,seconded by Commissioner Wall,Planning Commission APPROVED, AS CONDITIONED, BY CONSENT, Application of KIM WILKINS for a Conditional Use Permit re Short Term Rental at 1125 Pond Cypress Drive DISTRICT 4—BAYSIDE Recommended Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 1125 Pond Cypress, 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 nine(9)feet by eighteen (18) feet, contain a minimum eight (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 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. 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 two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (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 notify the new property owner of requirements 'a'through 'c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6)months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form;and b) Copies of the Commissioner of Revenue's Office receipt of registration;and September 1, 2020 19 ITEM—I.H.1 PLANNING PLANNING COMMISSION ITEM#70749 (Continued) 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 Rentals. 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 one (1) rental contract 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 two (2) 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. Voting: 6-0 Planning Commission Members Voting Aye: George Alcaraz, John H. Coston, Michael Inman, Dee Oliver, Jack Wall and David Weiner Planning Commission Members Absent: Steve Barnes, Walter Graham, Donald Horsley, Robyn Klein and David Redmond September 1, 2020 20 ITEM—I.H.l PLANNING CITY COUNCIL ITEM#70749 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of KIM WILKINS for a Conditional Use Permit re Short Term Rental at 1125 Pond Cypress Drive DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA KIM WILKINS for a Conditional Use Permit re Short Term Rental at 1125 Pond Cypress Drive(GPIN 1468773375)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 1125 Pond Cypress, 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 nine (9)feet by eighteen (18) feet, contain a minimum eight (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 Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall noti 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 two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (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 notify the new property owner of requirements 'a'through 'c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form;and September 1, 2020 21 ITEM—I.H.1 PLANNING CITY COUNCIL ITEM#70749 (Continued) 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 Rentals. 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 one (1) rental contract 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 two (2) 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. 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 1S` day of September Two Thousand Twenty. September 1, 2020 22 ITEM—I.H.1 PLANNING CITY COUNCIL ITEM#707495 (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 September 1, 2020 t, , i / , i.. , 4 1 I,..- . , N -' /1 ; //--- I \ ,/ R=5D &/P=1 � 'R-5�D* 0 11, iiii R=S�D* 40? tall 0\ i \ \ P-1 */ 7 yrust-- N 73 El R-15 I AIL N r A Site Kim Wilkins W. E Property_Polygons 1125 Pond Cypress Drive 1 . 1 s Zoning Parking Lot Drive Aisle m _Feet 1-1 RI iilrlinr, 0 10 20 40 60 80 100 120 23 ITEM—I.H.2 PLANNING PLANNING COMMISSION ITEM#70750 Upon motion by Vice Chair Weiner, seconded by Commissioner Wall, Planning Commission APPROVED, AS CONDITIONED, BY CONSENT,Application of JAMES E. DODD for a Conditional Use Permit re Short Term Rental at 2305 Oak Street DISTRICT 5—LYNNHAVEN Recommended Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 2305 Oak 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. 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 with more than the permitted number of people who may stay overnight(number of bedrooms multiplied by two (2))shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property 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. 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. September 1, 2020 24 ITEM—I.H.2 PLANNING PLANNING COMMISSION ITEM#70750 (Continued) 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 one (1) rental contract 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 one $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 two (2) 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. Voting: 6-0 Planning Commission Members Voting Aye: George Alcaraz,John H. Coston, Michael Inman, Dee Oliver,Jack Wall and David Weiner Planning Commission Members Absent: Steve Barnes, Walter Graham, Donald Horsley, Robyn Klein and David Redmond September 1, 2020 25 ITEM—I.H.2 PLANNING CITY COUNCIL ITEM#70750 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of JAMES E.DODD for a Conditional Use Permit re Short Term Rental at 2305 Oak Street DISTRICT S—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JAMES E. DODD for a Conditional Use Permit re Short Term Rental at 2305 Oak Street(GPIN 1590416213)DISTRICT 5—LYNNHAVEN The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 2305 Oak 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. 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 with more than the permitted number of people who may stay overnight(number of bedrooms multiplied by two(2))shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property 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. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and September 1, 2020 26 ITEM—I.H.2 PLANNING CITY COUNCIL ITEM#70750 (Continued) 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 one (1) rental contract 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 one $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 two (2) 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. September 1, 2020 27 ITEM—I.H.2 PLANNING CITY COUNCIL ITEM#70750 (Conditioned) 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 ISr day of September Two Thousand Twenty. Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, 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 Voting Nay: Barbara M. Henley Council Members Absent: None September 1, 2020 / \ V \ \ ii, __ ✓ \ ✓ _ i �/ ♦ o o ♦ o ,....\ 'ci-_-_-_\ 1.-111 \ __ ___. R7.5 • ------- ii, R-7.5oil, ' ive ct. 1i ____ "3 \ ------ 0 ', \:- t R-7.5 * _/ T0\\\ hope We Ri•-7 5—\ N / Site James E. Dodd , W1 ,: Property_Polygons 2305 Oak Street ►:1 Zoning __i Parking Lot Drive Aisle I Feet r--I _ .. .. 0 10 20 40 60 80 100 120 28 ITEM—I.H.3 PLANNING PLANNING COMMISSION ITEM#70751 The following registered to speak: Geoffrey Whiteside, Applicant, 131 South Thalia Road, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Melissa Whiteside, Property Manager, 4025 Archstone Drive, Phone: 704-771-6392, spoke in SUPPORT Upon motion by Commissioner Inman, seconded by Commissioner Alcaraz, Planning Commission APPROVED, AS CONDITIONED, Application of GEOFFREY WHITESIDE for a Conditional Use Permit re Short Term Rental at 131 South Thalia Road DISTRICT 5—LYNNHAVEN Recommended Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 131 South Thalia Road 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 nine(9)feet by eighteen (18) feet, contain a minimum eight (8)foot 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 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. 5. No events with more than the permitted number of people who may stay overnight(number of bedrooms multiplied by two (2))shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property 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 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 September 1, 2020 29 ITEM—I.H.3 PLANNING PLANNING COMMISSION ITEM#70751 (Continued) 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 one (1) rental contract 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 two (2) 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. Voting: 6-0 Planning Commission Members Voting Aye: George Alcaraz, John H. Coston, Michael Inman, Dee Oliver, Jack Wall and David Weiner Planning Commission Members Absent: Steve Barnes, Walter Graham, Donald Horsley, Robyn Klein and David Redmond September 1, 2020 30 ITEM—I.H.3 PLANNING CITY COUNCIL ITEM#70751 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,Application of GEOFFREY WHITESIDE for a Conditional Use Permit re Short Term Rental at 131 South Thalia Road DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA GEOFFREY WHITESIDE for a Conditional Use Permit re Short Term Rental at 131 South Thalia Road (GPIN 1477839426) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 131 South Thalia Road 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 nine(9)feet by eighteen (18) feet, contain a minimum eight(8)foot 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 Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events with more than the permitted number ofpeople who may stay overnight(number of bedrooms multiplied by two(2))shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property 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 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. September 1, 2020 31 ITEM—I.H.3 PLANNING CITY COUNCIL ITEM#70751 (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. 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 f reworks), 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 one (1) rental contract 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 two (2) 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. September 1, 2020 32 ITEM—I.H.3 PLANNING CITY COUNCIL ITEM#70751 (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 1'' day of September Two Thousand Twenty. Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, 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 Voting Nay: Barbara M. Henley Council Members Absent: None September 1, 2020 a I 7FfR 1111jH C t-1 Qt o R-5D R-5.DT- AR_ 5D `� zwz/z/z Ix _ — r ,- rjN_______________--------------- Bonney Road Road Bonney goad Bonney _ _ __,._...--.-r R-7.5 A-18 A Site tv•A F Property_Polygons Geoffrey Whiteside 131 South Thalia Road Zoning Parking Lot Drive Aisle 1111711=1111111Feet Building 0 10 20 40 60 80 100 120 33 ITEM—I.I.4 PLANNING PLANNING COMMISSION ITEM#70752 The following registered to speak: David Lucas, Applicant, 509 Barberton Avenue, Phone: 949-397-0653, spoke in SUPPORT Sierra Alderman, Property Manager, 2333 Dominion Avenue, Norfolk, Phone: 213-8854, spoke in SUPPORT Barbara Messner, P.O. Box 514, spoke in OPPOSITION A motion was made by Commissioner Coston, seconded by Commissioner Wall, to APPROVE, AS CONDITIONED, Application of DAVID LUCAS for a Conditional Use Permit re Short Term Rental at 505 Barberton Drive DISTRICT 6—BEACH Voting: 3-3 (MOTION TO APPROVE FAILED DUE TO A TIE VOTE) Planning Commission Members Voting Aye: John H. Coston,Jack Wall and David Weiner Planning Commission Members Voting Nay: George Alcaraz, Michael Inman and Dee Oliver Planning Commission Members Absent: Steve Barnes, Walter Graham, Donald Horsley, Robyn Klein and David Redmond September 1, 2020 34 ITEM—I.H.4 PLANNING CITY COUNCIL ITEM#70752 A motion was made by Council Member Tower, seconded by Council Member Rouse, to APPROVE Application ofDAVID L UCAS for a Conditional Use Permit re Short Term Rental at 505 Barberton Drive DISTRICT 6—BEACH Voting: 3-8(MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Voting Nay: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R.Jones,Barbara M.Henley,John D.Moss,Rosemary Wilson,and Vice Mayor James L. Wood Council Members Absent: None September 1, 2020 35 ITEM—I.H.5 PLANNING PLANNING COMMISSION ITEM#70753 The following registered to speak: Caroline Harrison, Applicant, 909 Brandon Road, Phone: 570-1374, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Renata Reed, P. O. Box 1097, Phone: 675-6655, spoke in OPPOSITION A motion was made by Commissioner Alcaraz, seconded by Commissioner Inman, to DENY Application of CURTIS JORDAN for a Conditional Use Permit re Short Term Rental at 629 Surfside Avenue DISTRICT 6—BEACH Voting: 3-3 (MOTION TO DENY FAILED DUE TO A TIE VOTE) Planning Commission Members Voting Aye: George Alcaraz, Michael Inman and Dee Oliver Planning Commission Members Voting Nay: John H. Coston,Jack Wall and David Weiner Planning Commission Members Absent: Steve Barnes, Walter Graham, Donald Horsley, Robyn Klein and David Redmond September 1, 2020 36 ITEM—LH.5 PLANNING PLANNING COMMISSION ITEM#70753 (Continued) A motion was then made by Commissioner Coston, seconded by Vice Chair Weiner, to APPROVE Application of CURTIS JORDAN for a Conditional Use Permit re Short Term Rental at 629 Surfside Avenue DISTRICT 6—BEACH Voting: 3-3 (MOTION TO APPROVE FAILED DUE TO A TIE VOTE) Planning Commission Members Voting Aye: John H. Coston,Jack Wall and David Weiner Planning Commission Members Voting Nay: George Alcaraz, Michael Inman and Dee Oliver Planning Commission Members Absent: Steve Barnes, Walter Graham, Donald Horsley, Robyn Klein and David Redmond September 1, 2020 37 ITEM—I.H.5 PLANNING CITY COUNCIL ITEM#70753 Upon motion by Council Member Tower, seconded by Council Member Moss, City Council DENIED Application of CURTIS JORDAN for a Conditional Use Permit re Short Term Rental at 629 Surfside Avenue DISTRICT 6—BEACH 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 September 1, 2020 38 ITEM—I.H.6a/b PLANNING PLANNING COMMISSION ITEM#70754 Upon motion by Vice Chair Weiner,seconded by Commissioner Wall,Planning Commission APPROVED, AS CONDITIONED, BY CONSENT, Application of 510 HOLDING, LLC/SANDRA L. BORTE for a Conditional Use Permit re Short Term Rental at 510 A &B, 18`h Street DISTRICT 6—BEACH Recommended Conditions: 1. The following conditions shall only apply to the dwelling units addressed as 510 18th Street, Unit A& Unit B, 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(s)through the Residential Parking Permit Program(RPPP)shall be limited to two(2) resident passes only. Guest and temporary passes 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 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. 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 two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (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 notify the new property owner of requirements 'a' through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning 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. September 1, 2020 39 ITEM—I.H.6a/b PLANNING PLANNING COMMISSION ITEM#70754 (Continued) 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 Rentals. 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 one (1) rental contract 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 two (2) 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. Voting: 6-0 Planning Commission Members Voting Aye: George Alcaraz, John H. Coston,Michael Inman, Dee Oliver, Jack Wall and David Weiner Planning Commission Members Absent: Steve Barnes, Walter Graham, Donald Horsley, Robyn Klein and David Redmond September 1, 2020 40 ITEM—I.H.6a/b PLANNING CITY COUNCIL ITEM#70754 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, Application of 510 HOLDING, LLC/SANDRA L. BORTE for a Conditional Use Permit re Short Term Rental at 510 A &B, 18`"Street DISTRICT 6—BEACH 510 HOLDING, LLC / SANDRA L. BORTE for a Conditional Use Permit re Short Term Rental at 510 A&B, 18t Street(GPIN 2427061948) DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling units addressed as 51018'"Street, Unit A & Unit B, 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(s)through the Residential Parking Permit Program(RPPP)shall be limited to two(2) resident passes only. Guest and temporary passes 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 Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 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 two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (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 notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and September 1, 2020 41 ITEM—I.H.6a/b PLANNING CITY COUNCIL ITEM#70754 (Continued) 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 Rentals. 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 one (1) rental contract 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 $1-Million underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10.•00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 1Sr day of September Two Thousand Twenty. September 1, 2020 42 ITEM—LH.6a/b PLANNING CITY COUNCIL ITEM#70754 (Continued) Voting: 9-2 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R.Jones,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley John D. Moss Council Members Absent: None September 1, 2020 pi - , OR _� i$ h street _ tt OR .' ./'§,\1•;....,\ \ , ,-- - A eaI____-_____-- - °.1. .°O'r4/o lZ- ,\,-—i. 'C, ee q......._ \, i,4..,..-- \— \' coe gth str _ 1 va Street OR 1 OR �D =/ Na0 street , Y 1 -\\ i \ �, ,/. treet � ...._ IP ''' \ \ \\ \� Na1f S \\,\ ��th ili OR 0-Fr1 \ O a \ —..-.- iiii a // Site 510 Holding, LLC w•,, E Property_Polygons 510 18th Street, Units A & B • \'/ S ® Zoning Parking Lot Drive Aisle — i Feet l 012.525 50 75 100 125 150 43 ITEM—I.H.7a/b PLANNING PLANNING COMMISSION ITEM#70755 Upon motion by Vice Chair Weiner,seconded by Commissioner Wall,Planning Commission APPROVED, AS CONDITIONED,BY CONSENT,Application of 510 HOLDING,LLC for a Conditional Use Permit re Short Term Rental at 508 A &B 18th Street DISTRICT 6—BEACH 1. The following conditions shall only apply to the dwelling units addressed as 508 18th Street, Unit A& Unit B,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(s)through the Residential Parking Permit Program(RPPP)shall be limited to two(2) resident passes only. Guest and temporary passes 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 Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 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 two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (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 notify the new property owner of requirements `a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6)months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning 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. • September 1, 2020 44 ITEM—I.H.7a/b PLANNING PLANNING COMMISSION ITEM#70755 (Continued) 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 Rentals. 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 one (1) rental contract 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 two (2) 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. Voting: 6-0 Planning Commission Members Voting Aye: George Alcaraz, John H. Coston,Michael Inman, Dee Oliver,Jack Wall and David Weiner Planning Commission Members Absent: Steve Barnes, Walter Graham, Donald Horsley, Robyn Klein and David Redmond September 1, 2020 45 ITEM—I.H.7a/b PLANNING CITY COUNCIL ITEM#70755 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of 510 HOLDING,LLC for a Conditional Use Permit re Short Term Rental at 508 A&B 18th Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 510 HOLDING,LLC for a Conditional Use Permit re Short Term Rental at 508 A&B 186 Street(GPIN 2427061989)DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling units addressed as 508 18th Street, Unit A& Unit B, 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(s)through the Residential Parking Permit Program(RPPP)shall be limited to two(2) resident passes only. Guest and temporary passes 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 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. 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 two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (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 notify the new property owner of requirements `a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6)months of the property real estate transaction closing date. September 1, 2020 46 ITEM—I.H.7a/b PLANNING CITY COUNCIL ITEM#70755 (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. 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 Rentals. 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 one (1) rental contract 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 two (2) 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. 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 1st day of September Two Thousand Twenty. September 1, 2020 47 ITEM—I.H.7a/b PLANNING CITY COUNCIL ITEM#70755 (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 September 1, 2020 OR Meet OR str ee -- "_ Aso__ y- 1gth \ ! 0 . \\ (1 101 str ��,� hry, e• c. 1► OR \IIIii Zs \� OR , , ,, S14 1_ ,__ __ h Nab{ street ?th Half tr ee J � 1 ....-- 0 g // Site 510 Holding, LLC W_-I E 1 Property_Polygons 508 18th Street, Units A & B s I Zoning Parking Lot Drive Aisle - mmmi milimi Feet r i n in 7n an Rn Rn inn 1 2n 48 ITEM—I.H.8 PLANNING PLANNING COMMISSION ITEM#70756 Upon motion by Vice Chair Weiner, seconded by Commissioner Wall,Planning Commission APPROVED, AS CONDITIONED, BY CONSENT, Application of NICHOLAS SANTIAGO for a Conditional Use Permit re Short Term Rental at 905 12th Street DISTRICT 6—BEACH Recommended Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 905 12th 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. The garage space within the unit must remain a minimum of nine (9)feet by eighteen (18) feet, contain a minimum eight (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 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. 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 two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (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 notify the new property owner of requirements 'a'through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning 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. September 1, 2020 49 ITEM—I.H.8 PLANNING PLANNING COMMISSION ITEM#70756 (Continued) 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 Rentals. 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 one (1) 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 two (2) 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. Voting: 6-0 Planning Commission Members Voting Aye: George Alcaraz,John H. Coston, Michael Inman, Dee Oliver, Jack Wall and David Weiner Planning Commission Members Absent: Steve Barnes, Walter Graham, Donald Horsley, Robyn Klein and David Redmond September 1, 2020 50 ITEM—I.I.8 PLANNING CITY COUNCIL ITEM#70756 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of NICHOLAS SANTIAGO for a Conditional Use Permit re Short Term Rental at 905 12t Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA NICHOLAS SANTIAGO for a Conditional Use Permit re Short Term Rental at 90512`''Street(GPIN 24178456880905)DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 90512`''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. The garage space within the unit must remain a minimum of nine (9)feet by eighteen (18) feet, contain a minimum eight (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 Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 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 two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (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 notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. September 1, 2020 51 ITEM—I.H.8 PLANNING CITY COUNCIL ITEM#70756 (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. 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 Rentals. 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 one (1) 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 two (2) 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. 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 1st day of September Two Thousand Twenty. September 1, 2020 52 ITEM—I.H.8 PLANNING CITY COUNCIL ITEM#70756 (Continued) Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, 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 Voting Nay: Barbara M. Henley Council Members Absent: None September 1, 2020 A-12 11111 R -3 , -5D e. \ a . ) . - la A-12 :-1.5D \ / , \ R-SD 1 .�h gtree �' i 12 - -- ' R-5 D T _ / ram,- r1� �R-5D Alla ' // Site Nicholas Santiago W 444 t, L Property_Polygons 905 12th Street ,_w s Zoning J Parking Lot Drive Aisle Feet I I RI iilrlinn 0 10 20 40 60 80 100 120 53 ITEM—I.I APPOINTMENTS ITEM#70757 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BOARD OF BUILDING CODE 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 HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION WETLANDS BOARD September 1, 2020 54 ITEM—LI APPOINTMENTS ITEM#70758 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: STACEY SHIFLET 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 September 1, 2020 55 ITEM—LI APPOINTMENTS ITEM#70759 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: MICHAEL STANDING (Sports Marketing) JOHN ZIRKLE (Virginia Beach Hotel Association) No Term CONVENTION& VISITORS BUREAU COMMUNITY TASK FORCE 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 September 1, 2020 56 ITEM—I.I APPOINTMENTS ITEM#70760 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: JOHN OLIVIERI Three year term 9/1/2020—8/31/2023 OPEN SPACE ADVISORY 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 September 1, 2020 57 ITEM—I.I APPOINTMENTS ITEM#70761 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: SUSAN BRUNKE (Representing At-Large) Three year term 9/1/2020—8/31/2023 And REAPPOINTED: MICHAEL FENTRESS (Representing Bayside District) JOAN DAVIS (Representing Princess Anne District) 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 September 1, 2020 58 ADJOURNMENT ITEM#70762 Mayor Robert M. Dyer DECLARED the City Council JOINT SPECIAL FORMAL MEETING WITH PLANNING COMMISSION ADJOURNED at 8:32 P.M. 77 Terri K Z'lielius Chief Deputy City Clerk Amanda rnes, MMC City Cler Dee Oliver Chair, Planning Commission Robert M. Dyer Mayor September 1, 2020 59 OPEN DIALOGUE The following registered to speak: Morris Albritton, 236 Saint Pauls Street, Phone: 945-3983, did not respond James Lancellotti, 5988 Jake Spears Circle#201, Phone: 201-403-7950, spoke regarding pro-life and human rights ADJOURNED 8:34 P.M. September 1, 2020