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HomeMy WebLinkAbout01-09-2018 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL IHuBR MAYOR WILLIAM D.SESSOMS,JR ALag. �' H' VICE MAYOR LOUIS RJONES Bayside (DODD 4 JESSICA P.ABBOTT KempsVille.-District I M.BENJAMIN DAVENPORT AtLarge / 1 ROBERT M.DYER,Centerville District I BARBARA AL HENLEY Princess A -D atr"CI J SHANNON DS KANE,Rose Hall District 3 u' JOHN D.MOSS,At Large JOHN E.UHR/N Beach District ROSEMARY WILSON,ALLarge JAMES L. WOOD,Lvnnhaven-District 5 CITY HALL BUILD/NG 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH. VIRGINIA 23456-9005 CITY MANAGER DAVID L.HANSEN CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE(757)385-4303 CITY ASSESSOR FAX(757).38.5-5669 CIITY AUDITOR LYNDONS.REMIAS JCLEKanuary 9, 2018 E-MAIL.'MAIL:Cycncvbgov.com CVICE MAYOR LOUIS R. JONES PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 4:00 PM A. MINORITY BUSINESS COUNCIL ANNUAL REPORT Amma Guerrier, Vice Chair B. DISPARITY STUDY UPDATE Taylor Adams, Finance Operations Administrator Sameer Bawa, BBC Research and Consulting II. CITY MANAGER'S BRIEFINGS A. ENTERTAINMENT DISTRICT UPDATE Ronald H. Williams,Jr., Deputy City Manager B. SHORT TERM RENTALS Barry Frankenfield, Director—Planning and Community Development C. PENDING PLANNING ITEMS Carolyn Smith, Planning Administrator Kevin Kemp, Zoning Administrator III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION -Conference Room- 5:30 PM A. CALL TO ORDER—Vice Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Vice Mayor Louis R. Jones B. INVOCATION: Reverend Michael G. Daniels Pastor, Enoch Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS December 12, 2017 2. SPECIAL FORMAL SESSIONS December 12, 15, and 19, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 21-303 re: Parking in Cul-de-Sacs b. Section 38-3 re: Discharge of Firearms 2. Ordinance to REPEAL the City Code Section 23-15 re: Begging on Streets or Beaches 3. Resolution to ALLOW Additional Time for consideration by the Planning Commission for the Proposed Alternative Amendments to the City Zoning Ordinance(CZO) re: Definition, Requirements and Use of Home Sharing and Short Term Rentals 4. Resolutions to APPOINT: a. Amanda Barnes to the Position of City Clerk b. Ronald D. Agnor to the Position of City Real Estate Assessor 5. Ordinance to TRANSFER $208,375 from the Fire Department's Operating Budget re Staffing for Adequate Fire and Emergency Response(SAFER) Grant I. PLANNING 1. Ordinance to AMEND Sections 111 and 218 of the City Zoning Ordinance (CZO) re: Definition of Major Retail Venue RECOMMENDATION: APPROVAL J. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PERSONNEL BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION K. UNFINISHED BUSINESS L. NEW BUSINESS M.ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************************** If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at(757)385-0303 ************************ 01/09/18/jag VICE MAYOR LOUIS R.JONES PRESIDING I. CITY COUNCIL'S BRIEFINGS -Conference Room- 4:00 PM A. MINORITY BUSINESS COUNCIL ANNUAL REPORT Amnia Guerrier, Vice Chair B. DISPARITY STUDY UPDATE Taylor Adams, Finance Operations Administrator Sameer Bawa, BBC Research and Consulting II. CITY MANAGER'S BRIEFINGS A. ENTERTAINMENT DISTRICT UPDATE Ronald H. Williams, Jr., Deputy City Manager B. SHORT TERM RENTALS Barry Frankenfield, Director—Planning and Community Development C. PENDING PLANNING ITEMS Carolyn Smith, Planning Administrator Kevin Kemp, Zoning Administrator III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 5:30 PM A. CALL TO ORDER—Vice Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Vice Mayor Louis R. Jones B. INVOCATION: Reverend Michael G. Daniels Pastor, Enoch Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS December 12, 2017 2. SPECIAL FORMAL SESSIONS December 12, 15, and 19, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 21-303 re: Parking in Cul-de-Sacs b. Section 38-3 re: Discharge of Firearms 2. Ordinance to REPEAL the City Code Section 23-15 re: Begging on Streets or Beaches 3. Resolution to ALLOW Additional Time for consideration by the Planning Commission for the Proposed Alternative Amendments to the City Zoning Ordinance(CZO) re: Definition, Requirements and Use of Home Sharing and Short Term Rentals 4. Resolutions to APPOINT: a. Amanda Barnes to the Position of City Clerk b. Ronald D. Agnor to the Position of City Real Estate Assessor 5. Ordinance to TRANSFER $208,375 from the Fire Department's Operating Budget re Staffing for Adequate Fire and Emergency Response (SAFER) Grant i wct,, )t t4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 21-303 of the City Code Pertaining to Parking in Cul-de-Sacs MEETING DATE: January 9, 2018 • Background: Virginia Beach Code Section 21-302(a) currently states that "Except when actually loading or unloading merchandise, as permitted in this chapter, no vehicle shall be stopped except to and parallel to the edge of the curb or roadway, except that a vehicle may be parked at an angle, where permitted" (emphasis added). Virginia Beach Code Section 21-303(11) provides that a vehicle may not park "[a)t any place, angle parked or perpendicular to a curb, unless street markings permit." Although these sections are applicable to cul-de-sacs, citizen complaints to the Police Department suggest that there is some confusion amongst the general public as to whether it is permissible to park one's vehicle in the center of a cul-de-sac or in a position otherwise not parallel to the edge of the curb. • Considerations: This proposed amendment specifically addresses cul-de-sacs by prohibiting parking within "a cul-de-sac other than close to and parallel to the edge of the curb or roadway, except in spaces approved and marked by the City or where a lawfully erected sign otherwise permits." • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Dep. Agency: PoliceTL City Manager.• 4 J ~fit'' 1 AN ORDINANCE TO AMEND SECTION 21- 2 303 OF THE CITY CODE PERTAINING TO 3 PARKING IN CUL-DE-SACS 4 5 SECTION AMENDED: § 21-303 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 21-303 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and ordained to read as follows: 12 13 Sec. 21-303. - General parking prohibitions; penalties for violation. 14 15 (a) No person shall park a vehicle, except when necessary to avoid conflict with other 16 traffic or in compliance with the directions of a police officer or traffic-control device, 17 in any of the following places: 18 (1) Within any designated fire lane. 19 (2) At any place so as to block any fire department connection. 20 (3) Within seventy-five (75) feet of the driveway entrance to any fire station if 21 properly posted, or on the side of a street opposite the entrance to any fire 22 station. 23 (4) In front of a public driveway. 24 (5) On the roadway side of any vehicle parked at the edge or curb of a street 25 (double parking). 26 (6) Upon any bridge or other elevated structure upon a street or highway or within 27 a tunnel. 28 (7) On the left-hand side of roadway of a two-way street. The provisions of this 29 sub-section exclude those city vehicles operated by city employees executing 30 official duties that require repeated vehicle exit and entry. 31 (8) At any place so as to impede or render dangerous the use of any street or 32 highway. 33 (b) No person shall park a vehicle, except when necessary to avoid conflict with other 34 traffic or in compliance with the directions of a police officer or traffic-control device, 35 in any of the following places: 36 (1) On a sidewalk. 37 (2) On a crosswalk. 38 (3) Within twenty (20) feet of a marked crosswalk at an intersection. 39 (4) Within thirty (30) feet upon the approach to any flashing beacon, stop sign or 40 traffic-control signal located at the side of a roadway. 41 (5) Between a safety zone and the adjacent curb or within thirty (30) feet of points 42 on the curb immediately opposite the ends of a safety zone, unless a different 43 length is indicated by official signs or markings. 44 (6) Within fifty (50) feet of the nearest rail of a railroad grade crossing. 45 (7) Alongside or opposite any street excavation or obstruction, when such parking 46 would obstruct traffic. 47 (8) At any place where official signs prohibit, reserve or restrict parking. 48 (9) In a residential or apartment district (area), if such vehicle is a commercial 49 vehicle in excess of twenty (20) feet in length and/or seven (7) feet in height. 50 This restriction shall not apply to commercial vehicles parked while engaged in 51 the normal conduct of business or in the delivery or provision of goods or 52 services in a residential or apartment district (area). 53 (10) At any place so as to prevent the use of a curb ramp located on public 54 property or on privately owned property open to the public. 55 (11) At any place, angle parked or perpendicular to a curb, unless street markings 56 permit. 57 (12) In a cul-de-sac other than close to and parallel to the edge of the curb or 58 roadway, except in parking spaces approved and marked by the City or where a 59 lawfully erected sign otherwise permits. 60 61 (13) On any street or highway or any city parking lot or other city-owned property 62 for the purpose of selling or offering the vehicle for sale or rent. Factors that 63 shall be considered in determining the purpose for which a vehicle is parked 64 shall include, but not be limited to (i) the number, size and placement of signs 65 offering the vehicle for sale or rent; (ii) the length of time the vehicle is parked; 66 and (iii) the manner in which the vehicle is parked. 67 (c) No person shall park on any street or highway, or on any city parking lot, any 68 vehicle which fails to display valid and current state license plates. 69 (d) Penalties. 70 (1) When a notice or citation is attached to a vehicle found parked in violation of 71 any provision of this section or section 21-1 incorporating the provisions of Title 72 46.2 of the Code of Virginia, the owner of the vehicle may pay to the city 73 treasurer, in satisfaction of any such violation, a penalty fine as listed below 74 when such payment is postmarked or received by the city treasurer within 75 fourteen (14) calendar day after issuance of such a notice or citation. Such 76 payment shall constitute a plea of guilty to the violation in question. 77 (i) A penalty fine of thirty-five dollars ($35.00) for all parking violations citing 78 City Code section 21-1 incorporating the parking provisions of Title 46.2 of 79 the Code of Virginia. 80 (ii) A penalty fine of thirty-five dollars ($35.00) for a violation of any provision 81 of subsection (a), except (a)(1), for each hour or fraction thereof during 82 which such vehicle was unlawfully parked. 83 (iii) A penalty fine of twenty dollars ($20.00) for a violation of any provision of 84 subsection (b) for each hour or fraction thereof during which such vehicle 85 was unlawfully parked. 86 (iv) A penalty fine of thirty-five dollars ($35.00) for a violation of subsection (c) 87 for each day or fraction thereof during which such vehicle was unlawfully 88 parked. 89 (v) A penalty fine of fifty dollars ($50.00) for a violation of subsection (a)(1) for 90 each hour or fraction thereof during which such vehicle was unlawfully 91 parked. 92 (2) If such payment is not postmarked or received by the city treasurer within 93 fourteen (14) calendar days after issuance of such notice or citation, the penalty 94 fine shall increase to double that indicated above. 95 (3) For failure to respond to notices or citations within thirty (30) days, refer to 96 subsection 21-312(b) below. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i —4;721° /1-Gc� J JfJ, Police Department City Alorney's Offi CA14253 R-2 December 28, 2017 k CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 38-3 of the City Code Pertaining to the Discharge of Firearms MEETING DATE: January 9, 2018 • Background: Virginia Code § 15.2-1113 authorizes municipalities to regulate or prohibit the discharge of firearms, which the City has done in City Code § 38-3. Additionally, pursuant to § 15.2-1113, any municipality that regulates or prohibits the discharge of firearms must provide an exemption for the killing of deer pursuant to Virginia Code § 29.1-529 on land of at least five acres that is zoned for agricultural use. • Considerations: This ordinance incorporates the exemption for the killing of deer mandated by Virginia Code § 15.2-1113. Residents who qualify for the exemption and wish to kill deer on their property must still follow the procedures set forth in Virginia Code § 29.1-529 in order to obtain the proper authorization to do so from the Virginia Department of Game and Inland Fisheries. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Dep. am, r • !ency: Police City Manager: �• 1 AN ORDINANCE TO AMEND SECTION 38-3 2 OF THE CITY CODE PERTAINING TO 3 DISCHARGE OF FIREARMS 4 5 SECTION AMENDED: § 38-3 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 38-3 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and ordained to read as follows: 12 13 Sec. 38-3. - Discharge of firearms, air guns, etc. 14 (a) It shall be unlawful for any person to discharge any firearm, spring-propelled rifle 15 or pistol, from or across any land or water north or west of the trace of the line 16 beginning at the intersection of North Landing Road and the Chesapeake-Virginia 17 Beach city boundary line; thence northwardly along North Landing Road to Indian 18 River Road; thence eastwardly along Indian River Road to New Bridge Road; 19 thence northeastwardly along New Bridge Road to Sandbridge Road, thence 20 eastwardly along Sandbridge Road to its intersection with the Atlantic Ocean, or 21 across any land north of False Cape State Park and east of Shipps Bay and Point 22 Creek. This prohibition shall not apply to shotguns discharging pellets under the 23 following conditions: 24 (1) On land that is fifty (50) acres or more of contiguous area, or less than fifty 25 (50) acres of contiguous area south of the trace of the line beginning at the 26 intersection of Elbow Road and the Chesapeake-Virginia Beach city boundary 27 line; thence northeastwardly along Elbow Road to Salem Road; thence 28 southeastwardly along Salem Road to North Landstown Road; thence 29 northeastwardly along Landstown Road to Princess Anne Road; thence 30 southeastwardly along Princess Anne Road to Sandbridge Road; thence 31 eastwardly along Sandbridge Road to its intersection with the Atlantic Ocean; 32 and 33 (2) Under one (1) ownership; and 34 (3) Used primarily for agricultural purposes; and 35 (4) The landowner has applied for an annual permit from the city manager to use 36 his property for this purpose, which permit shall be granted by the city manager 37 if the applicant meets the requirements of this section; and 38 (5) The person discharging a shotgun as herein set forth shall, at all times while 39 engaged in such activity, have in his possession written permission from the 40 landowner to discharge such weapon on the premises; and 41 (6) All permits shall expire on the next June 30 after the date of issuance. 42 (b) Notwithstanding the provisions of subsection (a)(4) above, no permit shall be 43 issued to a landowner if it is determined by the city manager or his duly authorized 44 agent that the issuance of such permit would be detrimental to the public safety, 45 and any permit that has been issued and is in effect may be revoked by the city 46 manager if it is determined by the city manager or his duly authorized agent that 47 conditions have changed since the date of issuance of the permit that cause the 48 continued use of the land for the permitted purpose to be detrimental to the public 49 safety. 50 (c) It shall be lawful to discharge firearms of .22-caliber or less south of the trace line 51 enumerated in subsection (a) subject to the provisions of this section. It shall be 52 unlawful to discharge any firearms greater than .22-caliber any place within the city; 53 provided, however, that muzzleloading rifles using a charge of black powder or 54 black powder equivalent may be used to hunt deer during the open season 55 prescribed therefor by the Department of Game and Inland Fisheries south of the 56 trace of the line described in subsection (a)(1). For purposes of this section, a 57 muzzleloading rifle shall mean a single-shot flintlock or percussion rifle, .45 caliber 58 or larger, firing a single lead projectile or sabot with a .38 caliber or larger 59 nonjacketed lead projectile of the same caliber loaded from the muzzle of the 60 weapon and propelled by at least fifty (50) grains of black powder or black powder 61 equivalent. 62 (d) Notwithstanding any other provisions of this section, it shall be unlawful for any 63 person to discharge any firearm, spring-propelled rifle or pistol, from, on, across or 64 within one hundred fifty (150) yards of any building, dwelling, street, sidewalk, alley, 65 roadway or public land or public place within the city limits. 66 (e) The prohibitions of this section shall not apply to the operation of a shooting event 67 that is sponsored by an organized group, provided, the written approval of the chief 68 of police as to the safety and location of the event is obtained prior to the event. 69 (f) No person shall use a pneumatic gun in the area of the city described in (a) above 70 except (i) at approved shooting ranges or (ii) on or within private property with 71 permission of the owner or legal possessor thereof when conducted with 72 reasonable care to prevent a projectile from crossing the bounds of the property. 73 For purposes of this subsection, "pneumatic gun" means any implement designed 74 as a gun that will expel a BB or a pellet by action of pneumatic pressure, including 75 but not limited to paintball guns. Further, for the purpose of this subsection 76 "reasonable care" means that the pneumatic gun is discharged in a manner so the 77 projectile is contained on the property by a backstop, earthen embankment or 78 fence. The discharge of projectiles across or over the bounds of the property shall 79 create the rebuttable presumption that the use of the pneumatic gun was not 80 conducted with reasonable care and shall constitute a Class 3 misdemeanor. 81 (g) Nothing in this section shall be construed to prohibit the discharge of firearms and 82 other weapons by (1) law enforcement officers; (2) military personnel; or (3) federal, 83 state or local government animal or fowl management agency agents in the city as 84 part of authorized training or in the performance of their duties. 85 86 (N The prohibitions set forth in this section shall not apply to the killing of deer 87 pursuant to Virginia Code §29.1-529 on land of at least five (5) acres that is zoned 88 for agricultural use. 89 Q A violation of any provision of this section unless otherwise specified shall 90 constitute a Class 1 misdemeanor. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i C�c c�.� 1 13 leionAS Police Department City A a rney's Office CA14257 R-2 December 28, 2017 12'1;1 if CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Repeal Section 23-15 of the City Code Pertaining to Begging on Streets or Beaches MEETING DATE: January 9, 2018 • Background: City Code § 23-15 prohibits begging on the streets or beaches of the City. Recent decisions by the United States Supreme Court and the Fourth Circuit Court of Appeals have called into question the constitutionality of begging ordinances previously enacted in localities across the Commonwealth, including City Code § 23-15. Based upon the First Amendment analysis in those decisions, it is unlikely that the City Code section would survive a First Amendment challenge. • Considerations: This ordinance repeals City Code § 23-15 but in no way prohibits or prevents the City from enforcing other provisions of the City Code or the Code of Virginia that may be violated by an individual who is also engaged in begging. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Departm Agency: City Attorneyy City Manager: �PY 1 AN ORDINANCE TO REPEAL SECTION 23- 2 15 OF THE CITY CODE PERTAINING TO 3 BEGGING ON STREETS OR BEACHES 4 5 SECTION REPEALED: § 23-15 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 23-15 of the Code of the City of Virginia Beach, Virginia, is hereby 11 repealed: 12 13 - - 14 15 :-.. _- .. : :-: : • 16 - - - •- - - - Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Jam k • �j20/4, 1 �. P _ 0110, Police Department City lyorney's Office- CA14256 R-1 December 19, 2017 [ ,,,,,mic, 1 ; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Providing Additional Time for Consideration by the Planning Commission of the Proposed Alternative Amendments to the City Zoning Ordinance Pertaining to the Definition, Requirements and Use of Home Sharing and Short Term Rentals MEETING DATE: January 9, 2018 • Background: On November 7, 2017, the City Council approved a resolution referring three alternative ordinances regarding short term rentals to the Planning Commission for consideration.The resolution provided the Planning Commission forty(40)days to provide a recommendation to City Council. At its December 13, 2017 meeting, the Commission voted unanimously to defer the item until its February 14, 2018 meeting. The Planning Commission held two workshops prior to its December 13, 2017 meeting. During these workshops, the three proposed ordinances were discussed at great length. In addition, a lengthy public hearing was conducted at the December 13th meeting. • Considerations: The three proposed ordinances include elements derived from recommendations of the Beaches and Waterways Commission and the On-line Home Sharing Ad Hoc Committee based upon significant public input solicited by those bodies. The Commission heard additional public comment during its December meeting. The Commission determined that more time is necessary to properly address the issues that were presented. The Commission intends to hold additional workshops prior to its February meeting. This Resolution would grant the Planning Commission forty (40) days from the date of its adoption to provide a recommendation to City Council. This effectively requires the Commission to act at its February 14, 2018 meeting. • Recommendations: Adoption of Resolution Recommended Action: Adoption of the Resolution Submitting De. . ncy: Planning DepartmenFPe, j. City Manager: 41 %away 1 A RESOLUTION PROVIDING ADDITIONAL TIME FOR 2 CONSIDERATION BY THE PLANNING COMMISSION OF 3 THE PROPOSED ALTERNATIVE AMENDMENTS TO THE 4 CITY ZONING ORDINANCE PERTAINING TO THE 5 DEFINITION, REQUIREMENTS AND USE OF HOME 6 SHARING AND SHORT TERM RENTALS 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; and 10 11 WHEREAS, on November 7, 2017, City Council referred to the Planning 12 Commission proposed amendments to the City Zoning Ordinance pertaining to the 13 definition, requirements and use of home sharing and short term rentals and requested 14 that the Planning Commission report its recommendation concerning the proposed 15 amendments no later than 40 days after that date; and 16 17 WHEREAS, at its December 13, 2017 meeting the Planning Commission, after 18 hearing extensive public comment, requested additional time so that it could further 19 consider the proposed amendments at its meeting on February 14, 2018. 20 21 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 22 VIRGINIA: 23 24 There is hereby afforded more time to the Planning Commission for its 25 consideration of and recommendation regarding the proposed amendments to the City 26 Zoning Ordinance pertaining to the definition, requirements and use of home sharing and 27 short term rentals. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the Planning Commission be, and hereby is, directed to transmit to the City 33 Council its recommendation concerning the aforesaid amendments no later than forty 34 (40) days after the date of adoption of this resolution. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: RO Sevin I•it i Tobias Eisenlohr Planning Department City Attorney's Office CA14259/R-2/January 2, 2018 .ce pft s=s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Amanda Barnes to the Position of City Clerk and Setting Her Compensation MEETING DATE: January 9, 2018 • Background: City Charter § 3.08 provides that City Council shall appoint the City Clerk, and City Code § 2-89 provides that City Council shall establish the City Clerk's compensation. • Considerations: The attached resolution appoints Amanda Barnes as City Clerk and sets forth her annual compensation. The appointment will be effective on January 9, 2018. • Attachments: Resolution Requested by City Council 1 A RESOLUTION APPOINTING AMANDA 2 BARNES TO THE POSITION OF CITY CLERK 3 AND SETTING HER COMPENSATION 4 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1. That pursuant to § 3.08 of the City Charter, Amanda Barnes is hereby 9 appointed to the position of City Clerk, effective January 9, 2018. 10 11 2. That the salary of the City Clerk shall be $100,000. 12 13 3. That the City's contribution to the City Clerk's deferred compensation plan 14 shall be $6,000 annually. 15 16 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: �Ci Attorney's fficYS------ CA14260 R-2 January 2, 2018 ✓ it CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Ronald D. Agnor to the Position of City Real Estate Assessor and Setting His Compensation MEETING DATE: January 9, 2018 • Background: City Charter § 8.07 provides that City Council shall appoint the City Real Estate Assessor, and City Code § 2-89 provides that City Council shall establish the City Real Estate Assessor's compensation. • Considerations: The attached resolution appoints Ronald D. Agnor as City Real Estate Assessor and sets forth his annual compensation. The appointment will be effective on January 1, 2018. • Attachments: Resolution Requested by City Council 1 A RESOLUTION APPOINTING RONALD D. 2 AGNOR TO THE POSITION OF CITY REAL 3 ESTATE ASSESSOR AND SETTING HIS 4 COMPENSATION 5 6 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That pursuant to § 8.07 of the City Charter, Ronald D. Agnor is hereby 10 appointed to the position of City Real Estate Assessor, effective January 9, 2018. 11 12 2. That the salary of the City Real Estate Assessor shall be $145,000. 13 14 3. That the City's contribution to the City Real Estate Assessor's deferred 15 compensation plan shall be $6,000 annually. 16 17 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: - - i'A •rn- 's Office CA14261 R-1 December 29, 2017 [ ,01EI!;', CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds Related to the Staffing for Adequate Fire and Emergency Response (SAFER) Grant MEETING DATE: January 9, 2018 • Background: In FY 2014-15, the City received a grant from the U.S. Department of Homeland Security that provided $1,386,000 for 12 new firefighter positions. The Virginia Beach Fire Department requested these funded positions to meet the department's four person staffing initiative. The department believes the positions will further maintain operational readiness during emergencies, reduce response times, and ensure personnel safety when responding to incidents. Ultimately, these 12 positions will become part of the 30 positions that will staff the Burton Station Fire Station upon completion of the construction of the new station. • Considerations: This grant was awarded by the U. S. Department of Homeland Security through the Federal Emergency Management Administration (FEMA) as the FY 2013-14 Staffing for Adequate Fire and Emergency Response (SAFER) Grant. The funds were appropriated in the Fire Department's operating budget as a reimbursement for the salary and benefits of the 12 firefighter recruit positions since February 22, 2016, but funding was provided at the FY 2015-16 budgeted amount for the firefighter recruits. Since that time, each of the 12 has completed at least one career progression. This results in increased costs totaling $89,027 in salary overages with an additional $119,348 resulting from overtime expenditures. The grant period ends on February 21, 2018, and in order to fund salaries, overtime, and benefits through that time, additional funding needs to be transferred from the Fire Department's operating budget to the grant fund. This transfer is necessary to complete payroll for these 12 firefighter positions through the end of the grant period. • Public Information: Public information will be handled through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Dep Agency: Fire Departure City Manager: 1 AN ORDINANCE TO TRANSFER FUNDS RELATED 2 TO THE STAFFING FOR ADEQUATE FIRE AND 3 EMERGENCY RESPONSE (SAFER) GRANT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $208,375 is hereby transferred from the Fire Department's Operating Budget 9 to the Consolidated Grants Fund to fund personnel costs for the remainder of the Staffing 10 for Adequate Fire and Emergency Response (SAFER) Grant for the applicable grant 11 expenditure period. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Luis Asercion -Dana Harmeyer Budget and Management Services City Attorney's Office CA14258 R-1 December 27, 2017 I. PLANNING 1. Ordinance to AMEND Sections 11I and 218 of the City Zoning Ordinance (CZO) re: Definition of Major Retail Venue RECOMMENDATION: APPROVAL e• .•. r NOTICE OF PUBLIC HEARING The regular meeting or the City Council of the City of VlrOnia Bee&will be held in the Council Chamber of the City Hall Building. Municipal Center. Virginia Beach.Vir®nia,on Tuesday,January 9, 2018 at 6T pm.,at which time the following application will be heard OW Ci iAROINLe BEACH.- Rn Ordinance to Amend Sections 111 and 218 of the City Zoning Ordinance Pertaining to the Definition of Major Retail Venue All interested parties are Invited to attend. Ruth Hodges Fra C ity I¢M Copies of the proposed ordinances. resolutions and amendments are on Pie and may be examined in the Department of Planning or online at MLOY'raw,v9YoQ.co E, For Information call 385-4621. If you are phlymlb Seeped or wlMl Impend and need assistance at this meeting please call the COY CLERKS OFFICE at 3864903. Hearing impaired cipi 711 (Virginia Relay -Telephone Device for the Deaf). EEAWI: DECEMBER 24631,2017-1 71ME EM31. [ I ocin Fr.up'....\:„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTIONS 111 AND 218 OF THE CITY ZONING ORDINANCE PERTAINING TO THE DEFINITION OF MAJOR RETAIL VENUE. MEETING DATE: January 9, 2018 • Background: As requested by Council Lady Shannon Kane, this amendment expands the scope of Section 218 of the Zoning Ordinance to include "Major Retail Venue." For the purpose of this amendment, a Major Retail Venue is defined as an establishment on any zoning lot of 4,000,000 square feet or more, whose principal use is to provide retail shopping and indoor recreational use. This amendment also requires that City Council approval be obtained for signage related to these venues. • Considerations: Due to the large size requirement for an establishment to qualify as a Major Retail Venue, there are limited number of properties within the city that will meet this definition. It is anticipated that these large venues will attract a significant number of visitors and thus, have the potential to provide positive economic impacts to the areas in which they will be located. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request; however, the Planning Commission voted to defer the amendment until the February 2018 hearing, and has requested that the City Council allow the Commission additional time for public input. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend deferral of this request by a vote of 11-0. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance City of Virginia Beach, Major Retail Venue Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Deferral. VY11% �7, J Submitting Departme ency: Planning Department T ' InIC7t City Manager: 1 REQUESTED BY COUNCILMEMBER KANE 2 3 4 AN ORDINANCE TO AMEND SECTIONS 111 5 AND 218 OF THE CITY ZONING 6 ORDINANCE PERTAINING TO THE 7 DEFINITION OF MAJOR RETAIL VENUE 8 9 Sections Amended: §§ 111 and 218 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Sections 111 and 218 of the City Zoning Ordinance is hereby amended and 18 reordained to read as follows: 19 20 Sec. 111. — Definitions. 21 22 23 24 Major retail venue. An establishment located other than in an Agricultural 25 Residential or Apartment District on any zoning lot of four million (4,000,000) square 26 feet or more the principal use of which is to provide entertainment (indoor recreation) 27 and retail shopping. Such zoning lot shall be distinguishable by architecture, design and 28 accessibility of the development features of the property. 29 30 31 32 Sec. 218. — Major entertainment venue and major retail signs. 33 34 Signage for major entertainment venues and major retail venues, other than 35 signage otherwise allowed, shall be allowed only with the approval of the City Council 36 and shall be subject to the following requirements: 37 38 (a) An application for such signage shall be submitted to the Planning Director by 39 the property owner, contract purchaser with the written consent of the property 40 owner, or the duly authorized agent for the property owner. Applications shall 41 include a fee in the amount of Eight Hundred Dollars ($800.00), and the 42 required plan as described in subsection (b), along with any other information 43 required by the Planning Director. Applications shall be heard by the Planning 44 Commission and the City Council in accordance with the procedures prescribed 45 in subsections (d) and (e) of Section 221 of the City Zoning Ordinance. 46 47 (b) The sign plan shall show, in the form and manner specified by the Planning 48 Director, the type, location, setback, size, dimensions and height of all signs, 49 and any other characteristics of or information pertaining to such signage 50 deemed necessary by the Planning Director in order to adequately evaluate the 51 proposed sign plan according to the criteria set forth subsection (d). Individual 52 banners intended to display special or recurring events or activities shall not be 53 required to be approved separately, but it shall be sufficient that the sign plan 54 show the number, size and location of banners generally. 55 56 (c) Where a sign plan for a major entertainment venue includes electronic display 57 signage, the following additional information shall be provided: 58 59 (1) The pixel pitch of the proposed electronic display signs; 60 61 (2) Whether such signs will display static or animated text or images, and the 62 dwell time for each display; 63 64 (3) The maximum and minimum illumination level in candelas per square 65 meter, and the times during which such illumination levels will be used; and 66 67 (4) In no case shall any electronic display sign contain, or be connected to, 68 audio speakers, and all electrical service lines providing power to such 69 signs shall be underground. 70 71 (5) Major retail venues shall not be permitted to have electronic display 72 signage. 73 74 (d) The City Council shall consider the following criteria in acting upon an 75 application: 76 77 (1) The extent to which the proposed signage is consistent with applicable sign 78 regulations and Sign Design Guidelines, if any, of the district; 79 80 (2) The extent to which the proposed signage is consistent with the 81 recommendations of the Comprehensive Plan; 82 83 (3) The extent to which the scale, color, materials, shape, illumination and 84 landscaping of the proposed signage, considered as a whole, is compatible 85 with surrounding properties; 86 87 (4) The impact of the proposed signage on traffic safety, taking into 88 consideration the degree to which view obstructions are created or 89 improved, avoidance of confusion with or obstruction of traffic control signs 90 and devices, and other safety-related factors; and 91 92 (5) The degree to which the proposed signage is integrated into a unified 93 development concept, considering the building design, other signs, 94 landscaping, traffic circulation, and other development features of the 95 property. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: PTCA I lln. 'ICv anning De.. ent . City Attorney's Office CA14178/R-4/November 14, 2017 Applicant City of Virginia Beach Agerda Item Public nearing December 13, 2017 Definition of Major Retail Venue Virginia Beach Request An Ordinance to Amend Sections 111 and 218 of the City Zoning Ordinance pertaining to the Definition of Major Retail Venue. Summary of Request Section 218 of the City Zoning Ordinance establishes the signage requirements for"Major Entertainment Venues." As requested by Councilmember Shannon Kane, this amendment expands the scope of this section to include "Major Retail Venues." For the purposes of this amendment, a "Major Retail Venue" is defined as an establishment on any zoning lot of 4,000,000 square feet or more,whose principal use is to provide retail shopping and indoor recreational use. This does not include any parcel in the Residential or Apartment Districts. Similar to Major Entertainment Venues, this amendment will require approval by the City Council for signage associated with these venues. It should be noted that electronic display signage will not be permitted for Major Retail Venues. Recommendation Staff recommends approval of this Ordinance. There are few sites located in the city that meet the requirements to qualify as a Major Retail Venue. Due to the size of these establishments, Major Retail Venues attract a large number of visitors and thus have significant economic impacts to the areas in which they are located.As such, in Staff's view, it is appropriate that City Council review and approve the signage package. City of Virginia Beach Agenda Item 9 Page 1 Item 49 City of Virginia Beach An Ordinance to Amend Sections 111 and 218 of the City Zoning Ordinance pertaining to the Definition of Major Retail Venue December 13, 2017 REGULAR Jan Rucinski: The next item to be heard today is item 9,City of Virginia Beach.An Ordinance to Amend Sections 111 and 218 of the City Zoning Ordinance pertaining to the Definition of Major Retail Venue. Kevin Kemp: Thank you Commissioner Rucinski. For the record, I'm Kevin Kemp,Zoning Administrator. This amendment proposes an amendment to the ordinance would create a definition of a "major retail venue" For the purposes of this ordinance,that definition is that it would have to meet the following criteria:more than 4,000,000 square feet,which we pointed out in the informal is just over 91 acres, and its' principal use has to be retail shopping and/or indoor recreation.What this amendment also does is allow for the signage package for a major retail venue to be considered by Council, similar to major entertainment venues, under Section 218. This was brought forward by Councilwoman Kane for your consideration.Staff has recommended approval of this ordinance and I'm happy to answer any questions. Bob Thornton: Are there any questions of Mr. Kemp? If not,stand by,we may have some. Jack Wall: So the City supports this? Kevin Kemp: Staff has recommended approval. Item#9 City of Virginia Beach An Ordinance to Amend Sections 111 and 218 of the City Zoning Ordinance pertaining to the Definition of Major Retail Venue Page 2 Jack Wall:Okay.Thanks. Bob Thornton: Mr. Ripley. In the informal discussions we had, I think the general support of this, which is what you're trying to solve and the question is how we can apply it to other large areas,apply it so it is fair. I think that is the dilemma that the Commission was wresting with this morning. Have you thought about it? Do you have any ideas on that? Kevin Kemp: As it stands now,4,000,000 square feet,there are very few major retail venues in the City that would qualify. This really addresses a unique situation,and I would say, in my mind,there is only one site, being Lynnhaven Mall that this really applies too. As the signage package and conditions are very unique. I can elaborate if you wish. Ronald Ripley: Well, the 4,000,000 square feet is unique. There is no other way to look at that. Is there other sizes you can look at that might encompass? Kevin Kemp: Well,of course. Ronald Ripley: Again,the Commission was concerned whether or not other property owners have had an opportunity to understand. Kevin Kemp: Absolutely. And just to give you a little background of 4,000,000,that large number was put into place as to not include every strip center in this Ordinance. For instance,down Virginia Beach Boulevard, Council would not have to consider all those sign packages. That number was put to really Item#9 City of Virginia Beach An Ordinance to Amend Sections 111 and 218 of the City Zoning Ordinance pertaining to the Definition of Major Retail Venue Page 3 limit the scope of this. That was the intention. What that major number specifically is or if we were to lower it,that could be up for discussion. But that is the reason why that was chosen. Ronald Ripley:That is the reason why we are hearing it. Kevin Kemp: yes. Bob Thornton: Jack. Jack Wall: So tell us about the major entertainment venue signage.So, this aligns with the same sign requirements as the major entertainment venues? Kevin Kemp: It allows City Council to approve a sign package.The only difference, and you considered one from the aquarium last month, is that this does not allow for an electronic LED signs where the major entertainment venue does. Bob Thornton: David. Dave Redmond: Kevin, could you tell us what this is about? The background? Obviously there is an issue here. Not only do we have a room full of equal, but there is television audience, and I think our citizens has the right to understand to what this is really about? Could you describe the problem, and how it attempts to solve it? Kevin Kemp:Absolutely. This proposed ordinance was born out of consideration for Lynnhaven Mall. Item 49 City of Virginia Beach An Ordinance to Amend Sections 111 and 218 of the City Zoning Ordinance pertaining to the Definition of Major Retail Venue Page 4 They are currently rebranding and want to redo their signage package. I mentioned early it was a unique situation.The uniqueness is that the mall road is currently publically owned. When the mall was developed,the road was private,then the city has since taken over ownership of it. Their existing free- standing signs that are on major thoroughfares, are on parcels owned by them,on the other side of the road. By the definition of our ordinance,that makes them billboards,and our ordinance does not allow for billboards.This amendment would allow for that type of signage for a major retail venue. It would allow them to replace that sign. It should be noted, if they were just re-facing the sign,we could do that administratively. They wish move a couple of signs to have greater visibility and increase the size of a few of their freestanding signs. Bob Thornton: Anybody else? Mike. Mike Inman: My comment on this is that we just learned a whole lot about this proposed ordinance this morning,and didn't really know much about it before and what its purpose was focused on any particular property. And,from what I understood in our informal session discussion, there was really no discussion with other major retail center owners about the number of 4,000,000 square feet being a threshold for application of this ordinance. It just seems maybe premature to be passing an ordinance which is doesn't mention Lynnhaven Mall and it also doesn't mention, per say,the public right-of-way being impacted. I think we need to look at what other retail centers in the City might be considered. There could be a center that would be 3,600,000 square feet that should be entitled to the same rights and privileges as this ordinance,and definition major retail venue is an establishment. An establishment located in other than agricultural residential apartment district on any zoning lot of 4,000,000 square feet or more principles uses, which is entertainment and retail. It just seems to me that with the short notice that we had getting information on it is actually what we're doing with here, it would be better if Item 419 City of Virginia Beach An Ordinance to Amend Sections 111 and 218 of the City Zoning Ordinance pertaining to the Definition of Major Retail Venue Page 5 we consider reaching out to the stakeholders needs and application of other properties in the City, and on that basis, I would move for a deferral of this application of this ordinance consideration until the February Planning Commission meeting and that we ask City Council for an extension for that purpose to consider this ordinance further. Ronald Ripley: I'll second that. Bob Thornton: Wait. We got to finish this chat with Kevin and close the public hearing and there may be some people here to speak. Does anybody else any questions of Kevin? Thank you. Jack Wall: I do have one question. The 4,000,000 square feet,there is a specific reason for that but can you say that throughout the ordinance are there plenty of arbitrary square footages that are listed? Kevin Kemp: Unless we tie our ordinance into other codes, such as the Building Code,a lot of numbers are arbitrary in the sense that we are choosing them, but we choose them on a factual basis. For example a 150 square feet smaller accessory structure gets reduced setbacks.That came from the Building Code, but there are numbers that are arbitrary, but based on research into what other localities do, industry standards,that sort of thing. Jack Wall: Okay. Bob Thornton: Does anybody else any more questions for Kevin. Thank you. Now I would like to close the public hearing,and does anybody have any comments amongst ourselves before we have a motion? Now,you can make your motion. Item#9 City of Virginia Beach An Ordinance to Amend Sections 111 and 218 of the City Zoning Ordinance pertaining to the Definition of Major Retail Venue Page 6 Mike Iman: I move we defer this matter until the February Planning Commission meeting and at this time,we ask City Council for an extension on this providing an approval or disapproval of this ordinance. Bob Thornton: Okay. Is that satisfactory? Kay Wilson: Yes sir. Bob Thornton: Ron. Ronald Ripley: I will second that. And for the record, I am in favor of improving a commerce if this helps the Lynnhaven Mall, but I am interested to know that there are other conditions as Mike has pointed out that are applicable here as well,an that's'the purpose of the deferral.,and the purpose of the second. Bob Thornton: Okay,we have a motion and we have a second? Mike made a motion to defer and to request City Council to move it to the February meeting,and Ron seconded that. (VERBAL VOTE) AYE11 NAVO ABSO ABSENTO HODGSON AYE HORSLEY AYE Item#9 City of Virginia Beach An Ordinance to Amend Sections 111 and 218 of the City Zoning Ordinance pertaining to the Definition of Major Retail Venue Page 7 INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the Commission has deferred it to the February meeting notifying Council of this deferral. Bob Thornton:Yes sir.Thank you. J. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PERSONNEL BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION K. UNFINISHED BUSINESS L. NEW BUSINESS M.ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************************** If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at(757)385-0303 aeeneameeetteanenea 01/09/18/jag CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:12/12/2017 PAGE: I D A AGENDA V ITEM it SUBJECT MOTION VOTE A E II E W B N E J S U I B P DNOKMS IILW O 0 Y LN AOOR SO T R E E E N S M 1 0 0 T T R YS ES SNND CITY COUNCIL I SCHOOL BOARD JOINT WORKSHOP A. DEFERRED COMPENSATION- Patti Phillips, Proposed NEW Plan Director-Finance II. CITY MANAGER'S BRIEFINGS A. COMPREHENSIVE ANNUAL FY17 Patti Phillips, FINANCIAL REPORT Director-Finance (CAFR)/GENERAL FUND UPDA'I E B. QUARTERLY FLOOD Tonia P.Alger, CON')ROI/STORM WATER Public Works PROGRAM C. STORM WATER Thomas M. MODELING/APPROVAL PROCESS Leahy,Deputy City Manager DIIVNNI CERTIFICATION OF CLOSED A-E SESSION CERTIFIED 10-0 V V V V Y Y A Y Y Y Y B 5 T A N E U P/C MINUTES: December 5,2017 APPROVED 11-0 Y V Y XV XV Y Y Y Y H. PUBLIC HEARING ACQUISITION,BY AGREEMENT OR NO SPEAKERS CONDEMNATION 19"Street Infrastructure (Parks Avenue to Arctic Avenue) 2 DECLARATION/CONVEYANCE OF 2 SPEAKERS/ EXCESS CITY PROPERTY VICE MAYOR (DISTRICT 6-BEACH) PRESIDING Brdneck Road to the Virginia Beach Development Authority J PROPERTY TAX-EXEMPTIONS NO SPEAKER Changed Lifestyle Ministries,Inc. Virginia-West Virginia Chapter of the National Multiple Sclerosis Society Mino Foundation American Congress for Truth,Inc. 4 MODIFY BOUNDARIES OF NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICTS(SSD): Hurd's Cove NO SPEAKER Chesopeian Colony I SPEAKER CITY OF VIRGINIA REACH SUMMARY OF COUNCIL ACTIONS DATE:12/122019 PAGE: 2 D A AGENDA V ITEM*/ SUBJECT MOTION VOTE A F H E W B N E 1 S U I B P DNOILMS HL W O 0 Y L N AOOR SO IRE EENSM I 00 T TR V S E S SNND Ordinance mAUTHORIZE acquisition ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y for ROW/Easements by Agreement or CONSENT Condemnation for l9'Street Infrastructure from Parks Avenue to Arctic Avenue 2. Ordinance to DESIGNATE TAX ADOPTED,BY 10-I Y V V V Y Y N Y V V Y EXEMPTION: CONSENT a. - Changed Lifestyle Ministries.Inc. 2. Ordinance to DESIGNATE TAX ADOPTED,BY 11-0 YYVVY Y V V Y Y Y EXEMPTION: CONSENT b. Virginia-West Virginia Chapter of the National Multiple Sclerosis Society c. Mino Foundation 2. Ordinance to DESIGNATE TAX DENIED,BY 10-0 V V Y Y Y V Y A V Y Y EXEMPTION: CONSENT B d. American Congress for Truth,Inc S T A 1 N F D 3 Ordinance to DECLARE EXCESS City ADOPTED,BY 10-0 V Y Y Y V Y Y A YY V property at Birdneck Road/AUTHORIZE CONSENT B TRANSFER of the property to the S Development Authority T A F F U 4. Ordinances to MODIFY boundaries/ ADOPTED,BY 11-0 Y Y V V Y Y V V Y Y V AUTHORIZE a REFUND of SSD Levies: CONSENT a. Hurd's Cove SSD 4. Ordinances to MODIFY boundaries' ADOPTED,BY 10-1 Y V Y N V YY V Y Y Y AUTHORIZE a REFUND of SSD Levies: CONSENT b. Chesopeian Colony SSD S Resolution to AUTHORIZE ISSUANCE ADOPTED AS 11-0 V Y V Y Y V V Y Y Y V 'SALE of Refunding of$85—Million to REVISED,BY REFUND previously authorized/issued CONSENT Bonds CITY OF VIRGINIA REACH SUMMARY OF COUNCIL ACTIONS DATE:12/12/2019 PAGE: 3 D A AGENDA V ITEM tt SUBJECT MOTION VOTE A E H E W B N F J S U I B P D N 0 K M S II I. W O 0 Y LN A 0 0 R SO TREEENSM 1 0 0 T T R Y S E S SNND 6 Ordinance to AUTHORIZE a two-year ADOPTED 9-2 N Y Y Y Y YNY Y Y Y Employment Contract for the City Manager ]- Ordinance to AUTHORIZE/DIRECT the ADOPTED,BY 11-0 YY Y V V Y Y Y V V Y City Manager to REPAY $5-Million to CONSENT URT re Norfolk-Southern ROW 8. Ordinance to AUTHORIZE the City ADOPTED,BY II-0 Y Y Y Y Y Y Y Y Y V Y Manager to EXECUTE an Agreement CONSENT between the City/SCAVB 9. Ordinance to AUTHORIZE ADOPTED.BY 11-0 V Y Y Y Y Y Y Y Y Y Y encroachment into a portion of City CONSENT property known as Bluegill Inlet for Peter S./Suzanne M.Williams re a dock at 2797 Sandpiper Road DISTRICT 7-PRINCESS ANNE J. SPENCE CROSSING PROPERTIES, APPROVED AS 11-0 Y Y Y Y8' Y YY Y Y Y LC at Princess Anne Road/South PROFFERED/ Independence Boulevard MODIFIED, BY a. Conditional COZ from Conditional 13-4 to CONSENT Conditional PD-H2 b. Modification of Proffers re removal of a Deed restriction DISTRICT 1-CENTERVILLE 2. BONNEY ROAD VB,LLC APPROVED/ 10-0 V Y Y Y Y Y Y A Y Y Y a. Closure of a portion of Avenue "H" MODIFIED AS B adjacent to 3825 Bonney Road CONDITIONED, S b. Modification of Conditions re a motor BY CONSENT T vehicle sales/auto repair at 3825 Bonney A Road 1 DISTRICT]5-LYNNHAV EN N F I) 3. CITY,DEPARTMENT OF APPROVED,BY 11-0 Y V Y Y V Y V V Y V Y AQUARIUMS/MUSEUMS for a Maior CONSENT Entertainment Venue Signage Permit at 717 General Booth Boulevard/928 South Birdneck Road DISTRICT 6-BEACH CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE12/122019 PAUL. 4 D A AGENDA V ITEM SUBJECT MOTION VOTE A E II E W B N E I S U I B P DNOK MS H LW O 0 Y L N A 0 0 R SO T R E EFIJSM 1 0 0 T T R Y S G S SEND 4. CITY a. Ordinance to ADOPT/INCORPORATE ADOPTED 9-2 N Y Y Y Y YNY Y V Y the "Interfacility Traffic AreaNicinity Master Plan,"into the 2016 Comp Man b. Ordinance to AMEND/REVISE the Policy document of the 2016 Comp Plan: Planned Land Use Map re Special Economic Growth Areas/Princess Anne [transition Area/Military Installations/ Support/Economic Vitality c. CITY Ordinances to AMEND the CZO: I. Sections 111/501 re deletion of definition ADOPTED,BY 11-0 Y Y V V Y Y V Y Y Y Y of Servants Quarters/ADD the definition CONSENT for Limited Use Accessory Dwelling 2. Sections 801, 901/2203 re Business and ADOPTED,BY I1-0 Y Y Y Y Y Y Y Y Y Y Y Vocational Schools in the Office/ CONSENT Business/Central Business Core Districts. K BEACHES and WATERWAYS RESCHEDULED B VMS ENS US ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WN() ADJOURNMENT 7:17 PM