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HomeMy WebLinkAbout09-04-2018 MINUTES _ sae ` 4%, n2r .0` 4 ` A j s 94s eF::.:' e� VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 4, 2018 Mayor Louis R. Jones called to order the CITY COUNCIL'S BRIEFING, in the City Council Conference Room, Tuesday, September 4, 2018, at 2:30 P.M. Council Members Present: Jessica P.Abbott, M Benjamin Davenport, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, and Vice Mayor James L. Wood Council Members Absent: Robert M.Dyer Sick Rosemary Wilson Family Vacation 2 CITY MANAGER'S BRIEFING 2019 DRAFT LEGISLATIVE AGENDA ITEM#68454 2:36 P.M. Mayor Jones welcomed Robert Matthias, Assistant to the City Manager for Government Affairs. Mr. Matthias expressed his appreciation to the City Council for their continued support: ._ . -wir: -, - = - - - LEGISLATIVE AGENDA GENERAL ASSEMBLY Robert Matthias 2019 SESSION DRAFT September 4,2018 Virginia Beach City Council Meeting Here are the Long Term Policy Positions: LONG TERM POLICY 2 POSITIONS 1. POST LABOR DAY OPENING FOR SCHOOLS 2. MORATORIUM ON URANIUM MINING 3. VOTING RIGHTS 4. SOLUTION TO COASTAL FLOODING, REGIONAL GREENHOUSE GAS INITIATIVE September 4, 2018 3 CITY MANAGER'S BRIEFING 2019 DRAFT LEGISLATIVE AGENDA ITEM#68454 (Continued) 3 5. MENHADEN FISHING REGULATION 6. ANIMAL CRUELTY 7. CERTIFICATE OF PUBLIC NEED 8. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT 9. FULL FUNDING TO THE STEP-VA PROGRAM The City has ten (10)New Policy/Code Initiatives NEW INITIATIVES 4 10. STATE OF VIRGINIA ENACT ENABLING LEGISLATION FOR SALES TAX ON ALL INTERNET SALES Sponsored by Mayor Louis i7.Jone 11. STATE OF VIRGINIA ENACT COMMUNICATIONS TAX UPDATE • P.�.. .mar w,.ai, ,r1.1-r,in Davenport 12. MICRO BUSINESS PROCUREMENT PROGRAM sponsored by City Council member Shannon Kane September 4, 2018 4 CITY MANAGER'S BRIEFING 2019 DRAFT LEGISLATIVE AGENDA ITEM#68454 (Continued) 13. INCREASED ABILITY TO PROCURE CONSTRUCTION BY 5 BEST VALUE FOR CERTAIN LOCALITIES Sponsor. .11Membe% Shannon Kane 14. STRANDING PROGRAM AND CONSERVATION LICENSE PLATE pon .orect by t.vu t.ii rYieilt 3 ,Jurrr c. Writ) 15.HIGH SPEED RAIL Spo rLo,.,., 16. CHESAPEAKE BAY WATERSHED IMPLEMENTATION PLAN J l.J Lfl L:i JL l:P3 tri 6 17.VIRGINIA SHORELINE RESILIENCY FUND Sponsored by ..ra Henley 18. STORM WATER LOCAL ASSISTANCE FUND Iponsored by City Counr-it Member. Barbara Henley 19. NON-DISCRIMINATION IN PUBLIC EMPLOYMENT AND HOUSING by Virginia Beach Human Rights Commission& City Council Members,Bob Dyer&Shannon Kane September 4, 2018 5 CITY MANAGER'S BRIEFING 2019 DRAFT LEGISLATIVE AGENDA ITEM#68454 (Continued) Here is the proposed Adoption Schedule: Adoption Schedule 7 .Friday,August 31st- First Draft of Legislative Agenda to be provided to Council in your Friday Package Tuesday, September 4'h- Briefing to City Council :Tuesday, September 18th- Public Hearing on Legislative Agenda .Tuesday, October 2nd- Final adoption by Council .Thursday, January 10th-First Day of 2019 General Assembly Session 8 Thank You!—Any Questions? () ( Ale f I Mayor Jones expressed his appreciation to Mr. Matthias for his hard work. September 4, 2018 6 CITY COUNCIL BRIEFING SHORT TERM RENTAL DISCUSSION ITEM#68455 3:20 P. M. Mayor Jones opened the Short Term Rental Discussion and provided a letter from City Attorney, Mark Stiles, dated August 31, 2018, which is attached hereto and made a part of the record. Council Lady Henley provided a portion of the City Council Workshop Minutes, dated June 23, 2015, with a letter she provided to City Council at that time from Sandbridge Beach Civic League and Sandbridge Beach Business Association, which is attached hereto and made a part of the record. September 4, 2018 J C- ity orgi ni a i-3 each cl. 4.14If (4 G+t°of a :0 e �‘► ",r' 1Bgovixxn MARK D.STILES MUNICIPAL CENTER,BUILDING 1 CITY ATTORNEY 2401 COURTHOUSE DRIVE VIRGINIA BEACH.VA 23456-9004 (757)385-4531 FAX(757)385-5687 TTY:711 August 31, 2018 Mayor Louis R. Jones Members of City Council Municipal Center 2401 Courthouse Drive Virginia Beach, VA 23456 Re: Short Term Rentals Dear Mayor Jones and Councilmembers: This letter summarizes the cumulative results of the council discussion to date on the crafting of a new draft of a Short Term Rental ("STR") Ordinance. As with my prior letter, the guidance provided at the most recent meeting (August 21) is underlined and italicized for your ease of reference and items remaining for discussion/direction are identified. As requested, I am attaching three (3) draft ordinances. Together these ordinances are intended to codify the direction provided. The first ordinance: (A) defines home sharing and short term rentals; (B) makes home sharing a principal use; (C) makes short term rentals a principal use in Short Term Rental Overlay Districts and a conditional use elsewhere; (D) grandfathers existing short term rentals and, (E)provides the regulations applicable to short term rentals generally. The second ordinance creates the Short Term Rental Overlay District and identifies the differing regulations applicable in that district. The final ordinance simply adds the STR Overlay District to the official City Zoning Map. Please review these drafts to ensure they are consistent with your expectations. Any amendments or additions can be made at your next meeting, and we will prepare a referral resolution for your consideration when these drafts are acceptable and you instruct us to do so. Direction Given to Date: • Home sharing will be a principal ("by right") use throughout the City conditioned only upon registration with the Commissioner of the Revenue (COR) and payment of applicable Transient Occupancy Taxes (TOT). Mayor Louis R. Jones Members of City Council Short Term Rentals August 31, 2018 Page 2 of 5 • Short term rentals will be a principal use only in designated overlay zoning districts. Outside of those districts, an STR will require a Conditional Use Permit ("CUP"). o Note: The City must permit short term rentals as a principal/by right use in the area defined by the Sandbridge SSD boundary pursuant to legislation enacted by the General Assembly earlier this year. • All CUP's would include an expiration date that is two years from the date of adoption. The process for renewal of the CUP will 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 CUP for an STR, where the STR has been the subject of neighborhood complaints or code violations. • Grandfathering: All existing Home Shares and STR's (as evidenced by registration with the COR and payment of applicable TOT) will be allowed to continue. o The date for determining when a property has qualified for grandfathering will be July 1, 2018. o Any future alteration (or cumulative alterations) that expand the overall square footage of the residential structure utilized as an STR by more than 25% or 1,000 square feet, whichever is less, would terminate the grandfathered status. o The grandfathered status shall run with the land but shall expire if the property is not registered for STR use or has not paid transient occupancy taxes for more than two consecutive years. Grandfathered status may be revoked for violations of regulations applicable to the STR activity. Note: see additional discussion concerning grandfathering on page 4 of this letter. Regulations • Consistent with the text of Virginia Code§15.2-983(D)the regulations applicable to STR's arise under the City's general land use and zoning authority and will be contained in the City Zoning Ordinance. • All STRs shall be required to post summaries of applicable City regulations and any required parking plan inside the dwelling. • All STRs shall be required to provide evidence of $1,000,000 of insurance coverage applicable to the STR activity at the time of registration and upon renewal. • The ordinance will prohibit STRs from having amplified noise between 10:00 p.m. and 10:00 a.m. Mayor Louis R. Jones Members of City Council Short Term Rentals August 31, 2018 Page 3 of 5 • The ordinance will require that all trash be placed in automated bins and will authorize private Saturday pick-up in Sandbridge. Council may also authorize private hauler pickup in other areas if and when additional overlays are created. • The ordinance will require that a point of contact be identified who can respond to the STR within 30 minutes. Such response does not necessarily require travel to the STR location. • The ordinance shall provide that a Special Events permit must be obtained for any event with an attendance of over 50 people and with a maximum attendance of 100, with a limit of 3 permits per property per year. • Each STR may display a sign of up to 4 square feet in size. Architecture signs naming the structure are excluded from this limitation. • To the extent permissible under state law, the ordinance shall require interconnected smoke detectors(such detectors may be wireless), a fire extinguisher and, where natural gas service is present, carbon monoxide detectors be installed in each STR. • Each STR must register with the Commissioner of the Revenue and the collection and payment of all applicable Transient Occupancy Taxes is required. • What should be the maximum occupancy of the STR? o 2 per bedroom + 4 City-wide o 3 per bedroom + 2 in Overlay • What should be the permissible number of rental contracts per consecutive 7day period? o 2 in Overlay o 1 City-wide • What parking requirements should be imposed? o 1 parking space per bedroom on-site. If on-site parking is not possible a parking plan must be submitted to the Zoning Administrator for approval. and posted in the STR. Stacked parking will be allowed on-site, but on-street parking shall not be allowed. Initial Overlays. No additional overlays (other than in Sandbridge) will be created at the time of the enactment of the STR ordinance. Future Overlays The following is the process for future consideration of STR overlays by the Council: Mayor Louis R. Jones Members of City Council Short Term Rentals August 31, 2018 Page 4 of 5 • 50 property owners in a proposed STR Overlay must submit a written request to City Council identifying the boundaries of the proposed Overlay and requesting a public hearing on the issue. • A public hearing shall be held after notifying all property owners in the proposed Overlay. If possible, the hearing should be held in the boundaries of the proposed Overlay. • After the public hearing a revision to the zoning ordinance adding this area as an overlay, and adding conditions, shall be placed on City Council's agenda for its decision for referral to the Planning Commission. • If referred, the ordinance shall go through the required procedure (Planning Commission and then City Council. Issues Discussed but no direction given: • Must the STR property be the primary residence of the owner? • Does the Council wish to consider an expiration date for grandfathered properties, such that those properties would be required to seek a conditional use permit at some future time (for example within 2 years of the date of the adoption of the STR ordinance)? We have not included either of these concepts in the draft ordinances being circulated with this letter, but can generate them quickly if desired by City Council. Please contact me if I can provide additional information or assist you in any way. Sincerely, 11F Mark D. Stiles City Attorney Encl. Mayor Louis R. Jones Members of City Council Short Term Rentals August 31, 2018 Page 5 of 5 cc: David L. Hansen, City Manager Barry Frankenfield, Planning Kevin Kemp, Planning 1 AN ORDINANCE TO AMEND SECTIONS 102, 111, 401, 2 501, 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY 3 ZONING ORDINANCE AND SECTION 5.2 OF THE 4 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 5 AND ADD SECTIONS 209.6 AND 241.2 OF THE CITY 6 ZONING ORDINANCE PERTAINING TO THE DEFINITION, 7 REQUIREMENTS AND USE OF HOME SHARING AND 8 SHORT TERM RENTALS 9 10 Sections Amended: City Zoning Ordinance Sections 102, 11 111, 401, 501, 601, 901, 1110, 1125;1154, and 2203 and 12 Oceanfront Resort District Form-BaSed'Code,Section 5.2 13 :.,_ 14 Sections Added: City Zoning,Ordinance Sect o ns209.6 and 15 241.2 16 17 WHEREAS, the public necessity, convenience,.general welfare,and good zoning 18 practice so require; ,t. .fp 19 . 20 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 21 BEACH, VIRGINIA: 22 23 That Sections 102, 111, 401, 501; 601,901, 1110;,,1125, 1521, and 2203 of the 24 City Zoning Ordinance and Section 5.2 of:the Oceanfront Resort District Form-Based 25 Code are hereby amended and reordained;;and Sections 209.6 and 241.2 of the City 26 Zoning Otair nce;are hereby added and ordained, to read as follows: 27 f` o' 28 ARTICLE'!. GENERAL PROVISIONS 29 30 . . . . `� 31 32 Sec. 102. Establishment of districts and official zoning maps. 33 34 (a) In orderVto carry out the purposes and provisions of this ordinance, the 35 following districts are hereby established: 36 37 . . . . 38 39 (al) There are hereby established the - e - - _ _ _ _ _ e _ _ , 40 following overiay_districts: 41 42 Shore Drive Corridor Overlay District ("SD"): 43 44 0 North End Overlay District ("NE"): 45 46 (3) Old Beach Overlay District ("OB"); 47 48 (4) Historic Kempsville Area Overlay District ("HK"); 49 50 (5) Workforce Housing Overlay District ("WF"); and 51 52 (6) Short Term Rental Overlay District ("STR"1, 53 54 Such districts shall be designated on the official zoning map by the an 55 appropriate notation " " following the designation of the underlying zoning district. As 56 an illustration, property in the Shore Drive Corridor Overlay District and in the B-4 Mixed 57 Use District shall be designated on the official zoning map as having the classification 58 "B-4(SD)." 59 60 61 - - - - -- - - -- -- - - • - - • _ -- • . - • , 11 - - • • • • 62 _ _ •. - • - . •: - - e •-•: - - - - - - - • -- • 63 - e - _ !' _ • _ - --- - - - -- - • - - - 64 - - . _ - - —. e - - - - -- • -. - " 65 66 . _ - - _ '_ _ . . _ . . - . .. C - - • - . :' - • - . .• - - " C . " • 68 - -- - - - - - - - - - - - - •_ • - • - - - - - • _ -- - 69 . .- •_ - - - - - - - - -- - • 71 72 - : .. e •--:e - _ . - . -- • : ` :. - - 73 _ _ - - '- - - - - :- - . _ - - - - e • - - . _ " - " • 75 - - - = - • - - • � - - - _ _ - : •• •• . •* Z . :-- • 76 .. _ e: e : • •- - - : •••e - - - • - - -- . - "_ 77 2(HK)." 78 79 . _ •_ _ - :: • : -- • - • - ' - `'- . . " 11 81 - - - e • .. - • - - - - •- - - - - • ' - • - - - •, - - - - - Z. • • 82 • :: - - '. - - - . . _ - -- - - - - e - - - -- - -- - - - - • • 83 - - • - - -- - •- -- _ - 11 - . .- • • 84 e - - .• - - •' -- - - - - - --- _ • •••• •- - - - •- .' 85 - - -- - !- . - • . _-- - - e-:- -- - - - - - 86 Workforce-Housi Ovula - '- . - - - - . -e - - : •'• : - - -- - 87 of the-per 88 89 . . . 90 91 Sec. 111. Definitions. 2 92 93 • • • • 94 95 Home sharing. A dwelling in which a room or rooms are offered for rental for 96 compensation for a period of less than thirty (30) consecutive days by an owner who 97 utilizes the dwelling as his principal residence and occupies the dwelling during any 98 such rental period. 99 100 • . • • 101 ? - 102 Hotel and motel. A building or group of attch -detached buildings containing 103 dwellingor lodging units in which f °� ' ' 9 9 �Y (50) peree # r`moe�of�the units are lodging units, 104 and for which compensation is exchanged for short-term occupancy of the dwelling or 105 lodging units. A hotel shall include a lob&y; clerk's desk or Gunter and facilities for 106 registration and keeping of records relating to hotel guests. T 107 motels: `' . 108 109 . . . . 110 111 Principal residence. Principal. residence shall be the location where a person 112 lives fifty (50) percent or more of thgiime```A,berson shall not have more than one (1) 113 principal residence. x ? „ 114 ;L � � _,.` :3> 115 ', 116 ° '' 117 Shortlerm rental: A dwelling that does not meet the definition of home sharing in 118 which a�aoom or moms, or the entire dwelling are rented for less than thirty (30) 119 consecutive days for.compensation. 120 121 ARTICLE;.2., GENERAL-REQUIREMENTS AND PROCEDURES APPLICABLE TO 122 ALL DISTRICTS 123 124 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 125 PARKING, OFF-STREETLOADING, AND CERTAIN USES 126 . 127 • . . • 128 129 Sec. 209.6. Home sharing. 130 131 To the extent permitted by state law, each dwelling offered as a home share 132 must maintain registration with the Commissioner of Revenue's office and pay all 133 applicable taxes. 134 135 C. CONDITIONAL USES AND STRUCTURES 136 3 137 . . . . 138 139 Sec. 241.2 Short term rental. 140 141 Short term rental shall be subiect to the following conditions unless specifically 142 modified by action of the city council in granting a conditional use permit or creating a 143 short term rental overlay district: 144 ` ' - 145 1. Any property utilized as a short term rental shall provide adequate off street 146 parking for its quests. A minimum of one:parking space per bedroom is 147 required. If such parking cannot be provided'vn=site, the owner must submit 148 a parking plan indicating how the parking requirement will be met. Such 149 plan shall be reviewed and approved by the Zoning Administrator. Stacking 150 of vehicles shall be allowed and no on-street parkingshall be part of the 151 plan; 152 u;� 153 2. No events with more\than fifty (50) people present, shall be held absent a • 154 special events permit. Events•with more than fifty (50) people are limited to 155 no more than three (3). vents`in 'a calendar year. No more than one 156 hundred (100) people shall'be present at any event held on the property; 157 158 3. The owner must provide the name and telephone number of a responsible 159 person, who may.be the owner or an agent of the owner, who is available to 160 be contacted and to'address conditions occurring at the short term rental 161 within thirty (30) minutes. Physical response to the site of the short term 162 rental is not'required; 163 164 4. No-signage shall be on site, except that each short term rental is allowed 165 one'(1), two (2) square foot sign, posted on the building which identifies the 166 short term rental. Architectural signs naming the structure are excluded 167 from this iimitationi 168 1.69 5. To the extent permitted by state law, each short term rental must maintain 170 registration with the Commissioner of Revenue's office and pay all 171 applicable taxes; 172 173 6. There shall be posted in a conspicuous place within the dwelling a summary 174 provided by the Zoning Administrator of City Code Sections 23-69 through 175 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on 176 the beach), 12-43.2 (fireworks), and a copy of any approved parking plan: 177 4 178 7. All refuse shall be placed in automated refuse receptacles, where provided, 179 and comply with the requirements of City Code Sections 31-26, 31-27 and 180 31-28: 181 182 8. A short term rental shall have no more than one (1) rental contract during 183 any consecutive seven (7) day period. 184 185 9. The owner shall provide proof of liability insurance applicable to the rental • 186 activity at registration and renewal of at,,least one million dollars 187 ($1,000,000.00) underwritten by insurers acceptable to the city; 188 189 10.There shall be no outdoor amplifiecffsound after 10 PM or before 10 AM: 190t 191 11.The maximum number of persons on the property after 11:00 PM and 192 before 7:00 AM shall be two (2:), individuals per bedroom plus four (4) 193 additional persons; and '-N; 194Y 195 12.Any short term rental that_has registered, and paid transient occupancy 196 taxes to the Commissioner of the Revenue-prior to July 1, 2018 shall be 197 considered,grandfathered,and shall not be required to obtain a Conditional 198 Use Permit;;-but must meet the conditions of section 241.2. Any expansion 199 of the footprint of the:dwellinq,housinq the Short term rental that expands the 200 overall square footage by more\than 25% or 1,000 square feet, whichever is 201 less, shall `have .its: grandfathered status revoked and must immediately 202 obtain aconditional"�use permit=to Continue such use. Grandfathered status 203 shall run with.the land. 204 ,. :4` 205 13.To the extent permissible under state law, interconnected smoke detectors 206 tvirhich may be wireless). a fire extinguisher and, where natural gas is 207 present, carbon monoxide detectors shall be installed in each STR. 208 209 14.Accessory structures shall not be used as short term rentals. 210 211 15.If the provisions of this section or the requirements of the grandfathered 212 status are not met, the city council may revoke the qrandfathered status or 213 the conditional use permit after notice and hearing as provided by Virginia 214 Code Section 15.2-2204; provided, however, that written notice as 215 prescribed therein shall be given at least fifteen (15) days prior to the 216 hearing. 217 5 218 16.All conditional use permits issued for short term rentals shall expire two (2) 219 years from the date of adoption. The renewal process of the conditional use 220 permit will be administrative and performed by the Planning Department; 221 however, the Planning Department shall notify the City Council in writing 222 prior to the renewal of any conditional use permit for a STR, where the STR 223 has been the subject of neighborhood complaints, violations of its conditions 224 or violations of any building, housing, zoning, fire or other similar codes. 225 226 ARTICLE 4. - AGRICULTURAL DISTRICTS 227 228 (a) Principal and conditional uses. The following chart lists those uses permitted 229 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 230 respective agricultural districts shall be permitted as either pnnc al uses indicated by a 231 "P" or as conditional uses indicated by a "C." Uses and structuresindicated by an "X" 232 shall be prohibited in the respective districts. No uses or structUi j other than as 233 specified shall be permitted. 234 , Use ;. AG-1 fAG-2 1 Home sharing meetinq the requiremei is of section 209.6 P i P . . . . _ � J - Short term rental T C T C F ,. ",Short term rental within a STR Overiav District 1P T P— 1 235 ; — _ 236 (b) Accessory. uses and 'structures. Uses and structures which are customarily 237 accessory and' clearly incidental and subordinate to principal uses and structures, 238 including but not limited to;` an accessory activity operated for profit in a residential 239 dwelling unit where (i),there is no change in the outside appearance of the building or 240 premises or any visible or audible evidence detectable from outside the building lot, 241 either permanently or intermittently, of the conduct of such business except for one (1) 242 nonilluminated sign not more than one (1) square foot in area mounted flat against the 243 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 244 by such activity in greater volumes than would normally be expected in the 245 neighborhood, and any need for parking generated by the conduct of such activity is 246 met off the street and other than in a required front yard; (iii) the activity is conducted on 247 the premises which is the bona fide residence of the principal practitioner, and no 248 person other than members of the immediate family occupying such dwelling units is 249 employed in the activity; (iv) such activity is conducted only in the principal structure on 6 250 the lot; (v) there are no sales to the general public of products or merchandise from the 251 home, except for agricultural products, or agricultural-related products, incidental to an 252 agricultural operation on which the dwelling unit is located; and (vi) the activity is 253 specifically designed or conducted to permit no more than one (1) patron, customer, or 254 pupil to be present on the premises at any one time. Notwithstanding the provisions of 255 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 256 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 257 persons on the premises at any one time in connection th the performance of such �AY�:.- r 258 rites, provided that all other requirements of subdiviSion'rfi(b)(2) are met. The following 259 are specifically prohibited as accessory activitieConvalescent or nursing homes, 260 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 261 television repair shops, auto repair shops, or similar establis1ir..nents. Rental of rooms in 262 a dwelling or the entire dwelling thirty (30) consecutive days`e amore is an accessory 263 use to the dwelling. 264 265 . . .. 266 r' 267 ARTICLE 5. RESIDENTIAL DISTRICTS: '`_ .• 268 269 . . ka �:� . 270 �;::. F♦ �. 271 Sec. 501. Use regulations. . -`rrjb 272 <• 273 (a) Principal and conditional uses. The following chart lists those uses permitted 274 within the R-40 through R-2:5 Residential Districts. Those uses and structures in the 275 respective residential districts shall be permitted as either principal uses indicated by a 276 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 277 shall be prohibited in the respective districts. No uses or structures other than as 278 specified shall be permitted. 279 Use R- i R R- R- R- i R- R- R- R- R- 40 30 20 15 10 7.5 5D j 5R 5S 2.5 Home sharing meeting the i requirements of section 209.6 PP PPPP P P P P I I 1 I +(Short term rental C C `_, C C C C C C G ( C f 'Short term rental within a STR P PIP P P P (Overlay District 280 281 (b) Accessory uses and structures. Uses and structures which are customarily 282 accessory and clearly incidental and subordinate to principal uses and structures and 283 where such accessory structures do not exceed:the height of the principal structure and, 284 in all residential zoning districts, except for, and and R-40, do not exceed five hundred 285 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 286 structure, whichever is greater. In the R-30 and R,40 residential zoning districts, 287 accessory uses and structures shall not exceed thirty'(30) percent of the floor area of 288 the principal structure. Such accessory uses and structures include but are not limited 289 to: 290 . . . . 291 292 (I) Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive 293 days or more is an accessory use to the dwelling. 294 295 . . . . 296 297 ARTICLE 6. -APARTMENT DISTRICTS 298 299 . . . . • 300 301 Sec. 601. - Use regulations. 302 303 (a) Principal and conditional uses. The following chart lists those uses permitted 304 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 305 respective apartment districts shall be permitted as either principal uses indicated by a 306 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 307 shall be prohibited in the respective districts. No uses or structures other than as 308 specified shall be permitted. 309 Use A-12 TA-181A-24 A-36 Home sharing meeting the requirements of section 209.6 1P -1- 13 I P IP 8 . . • • _____r - Short term rental C �C QHI Short term rental within a STR Overlay District P P P . P I ff 310 . . . • I-- � I 1 311 (b) Accessory uses and structures. Uses and structures which are customarily 312 accessory and clearly incidental and subordinate to principal uses and structures, 313 including but not limited to: s 314 Y`e.s .s� 315 . . . . {:�, :, 316 317 () Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive 318 days or more is an accessory.use to the dwelling. : . 319 e, 320 . . . . :. 321 -,%- ,;.t,,,,, +�� 322 ARTICLE 9. - BUSINESS DISTRICTS'4'4'y � s:. 323 . � 324 . . . . ,k 14. ,� :`; ' 325 ,Y., 4,,-p. 'a�-` % 326 Sec. 901. - Use regulations. 4.`` ' ..► 327 �`"='., 328 (a) Principal and conditional uses. The following chart lists those uses permitted 329 within .the/B-1 "through B-4K Business Districts. Those uses and structures in the 330 respective business districts shall be permitted as either principal uses indicated by a 331 "P" or as-;conditional uses indicated by a "C." Uses and structures indicated by an "X" 332 shall be prohibited in the,respective districts. No uses or structures other than as 333 specified shallbe:`permitted. `'r: .i 334 J, • `rUse,, B- B- B- B- B- B- B- 1 1A 2 3 4 4C 4K Home sharing meeting the requirements of section ( X X XXP P P 209.6 Short term rental ± X X I X n C C C Short term rental within a STR Overlay District X X I X X P P 1 P. I �_ 9 335 336 (b) Accessory uses and structures. Uses and structures which are customarily 337 accessory and clearly incidental and subordinate to the principal uses and structures, 338 including, but not limited to: 339 340 . . . . 341 342 (2) Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive 343 days or more is an accessory use to the-dwelling. 344 345 ARTICLE 11. - PLANNED DEVELOPMENT DISTRICTS 346 347 Sec. 1110. - Land use regulation. 348 349 350 351 (c) Within a PD-H1 District, all 61 the_ principal uses and structures permitted within an 352 A-12 Apartment District other than- hospitals and sanitariums, together with the 353 following enumerated uses and structures, shall be permitted: 354 355 (1) Fraternity and sorority houses, student dormitories and student centers; 356 357 (2) Housing for seniors and.disabled persons, with a conditional use permit; 358 359 (3) Marinas; • 360 �. . 361 (4) Private clubs or social=centers provided that clubs where conduct of commercial 362 affairs is a principal activity shall not be permitted; and 363 364 (5) Residential care for seniors, provided that no more than two (2) employees 365 including a bona fide resident of the dwelling shall be permitted.-i 366 367 (6,) Home sharing meeting the requirements of section 209.6; and 368 369 (7) Short term rentals within a STR Overlay District. 370 371 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses: 372 373 (1) Communication towers; 374 375 (2) Family day-care homes; 376 377 (3) Group homes; 378 10 379 (4) Kennels, residential; 380 381 (5) Religious uses; 382 383 (6) Wind energy conversion systems, free standing and roof-mounted; and 384 385 (7) Home-based wildlife rehabilitation facilities, provided that the principal 386 structure is a single-family dwelling and the lot is greater than two thousand 387 five hundred (2,500) square feet; and �'hp- 388 389 (8) Short term rental. / 390 c.: 391 B. - PD-H2 PLANNED UNIT DEVELOPMENTTD TRICT` 392 3934 ` 394 395 Sec. 1125. -Allowed uses. r * 396 397 Within the PD-H2 District, only the following uses d structures shall be permitted: 398y.. 399 (a) Principal uses and structures.`, }x:x. 400 <, 401 (1) Dwellin '"s g'unifs��ofi};the types`specified in the land use plan; 402 r ..K 403 (2) Public buildings, structures, and other public uses; 404 \i':.':7-A. ." 405 (3) Recreationl cilitie of; he-type`described in the plan; '(1 .14 '44'4 406 :x < ,.. 407 (4) Child care education centers;t in connection with public . or private 408 elementary schools-.o:r:, churches, provided that such uses shall not be 409 eligible for residential density credit; 410 411 (5) Day-care centers, provided that such uses shall not be eligible for 412 residential density credit; 413 414 (6) Public utilities installations and substations; provided offices or storage or 415 maintenance facilities shall not be permitted; and provided, further, that 416 utilities substations, other than individual transformers, shall be surrounded 417 by a wall, solid except for entrances and exits, or by a fence with a 418 screening hedge five (5) to six (6) feet in height; and provided also, 419 transformer vaults for underground utilities and like uses shall require only 420 a landscaped screening hedge, solid except for access opening..-i 421 422 (7) Home sharing meeting there_luirements of section 209.6; and 423 424 (8) Short term rentals within a STR Overlay District. 425 11 426 427 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 428 subordinate to the principal uses shall be allowed as accessory uses. Rental of rooms in 429 a dwelling or the entire dwelling thirty (30) consecutive days or more is an accessory 430 use to the dwelling. 431 432 (c) Conditional uses. 433 434 (1) Religious uses, provided that such use shall not be eligible for residential 435 density credit; 436 437 (2) Family day-care homes; foster homes and group homes, provided that such 438 uses shall not be eligible for residential density edit; 439 440 (3) Home occupations:; 441 442 (4) Housing for seniors and disabled persons:; and 443 444 (5) Short term rental. 445 446 . . . . 447 448 C. RT-3 RESORT TOURIST DISTRICT 449 450 . . . . 451 452 Sec. 1521. *Ude.regulatiions. 453 454 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 455 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 456 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 457 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 458 buildings within the RT-3 District may include any principal or conditional uses in 459 combination with any other principal or conditional use. No uses or structures other than 460 those specified shall be permitted. All uses, whether principal or conditional, should to 461 the greatest extent possible adhere to the provisions of the Special Area Design 462 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 463 Plan. 464 Use RT-3 Home sharing meeting the requirements of section 209.6 ; P 12 Short term rental C I Short term rentals within a STR Overlay District I P 465 466 (b) Accessory uses and structures : Uses and structures which are customarily 467 accessory and clearly incidental and subordinate to the principal uses and structures; 468 provided, however, that drive-through facilities shall not*be permitted as an accessory 469 use: 470 471 . . . . - � 472 ' 473 L1 Rental of rooms in a dwelling or the entireAwellinq thirty (30) 474 consecutive days or more is'an accessory use to the=dwelling. 475 476 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT gat 477 478 479 480 B. - DEVELOPMENTF EGULATIONS 481 482 483 484 Sec. 2203. - Use regulations. '`"""� :�$ 485 486 (a) The following chart lists those uses permitted within the Central Business Core 487 District. Uses and structures shalkbe,allowed either as principal uses, indicated by a 488 "P", or as conditional uses, indicated'by a "C." Uses and structures indicated by an "X" 489 shall be prohibited, unless allowed by special exception for Alternative Compliance 490 pursuant to Section 2205. No uses or structures other than as specified herein or as 491 allowed pursuant to subsection (b) shall be permitted. 492 Use District CBC Home sharing meeting the requirements of section 209.6 P Short term rental C Short term rentals within a STR Overlay District P 493 13 494 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 495 similar to a listed use, the Zoning Administrator may categorize the proposed use as a 496 use permitted by this section, either as a principal or conditional use. In determining 497 whether a proposed use is similar to a listed use, the Zoning Administrator shall 498 consider (1) the actual or projected characteristics of the proposed use in comparison 499 to those of the most similar listed use; and (2) the categorization of the proposed use 500 in the Standard Land Use Coding Manual (First Edition January 1965). Rental of 501 rooms in a dwelling or the entire dwelling thirty (30) consecutive days or more is an 502 accessory use to the dwelling. 503 504 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 505 506 . . . . 507 508 Sec. 5.2. Permitted Use Table. 509 —IA ,r — MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE 1 HOUSE BUILDING --------__ --, _F Ground Upper Ground All Ground Upper Use Standard USE Floor Floors Floor Floors Floor Flom All Floors Al Floors /Notes LODGING __`. __,.__ Hone sharin +�..= L , .--,, _ L L I. - --t - - _ seeies..22_6 meetm the re uirements Qf section 209.6 Short term rental - L •. - L i= L -- See Sec.241.2 meetina tha requirements of section 2412 510 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: Planning Department City Attorney's Office CA14500 R-17/August 29, 2018 14 1 AN ORDINANCE TO ADD ARTICLE 23, 2 CONSISTING OF SECTIONS 2300 THROUGH 2303, 3 (SHORT TERM RENTAL OVERLAY DISTRICT) TO 4 THE CITY ZONING ORDINANCE ESTABLISHING 5 REGULATIONS AND REQUIREMENTS 6 PERTAINING TO SHORT TERM RENTALS IN THE 7 SHORT TERM RENTAL OVERLAY DISTRICT 8 9 Sections Added: City Zoning Ordina c e `Sections 10 2300 - 2303 4„,„ „:„ 12 WHEREAS, the public necessity, convenience, general Welfare and good zoning 13 practice so require; ; n 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF`VJRGINIA 16 BEACH, VIRGINIA: , 17 18 That Article 23 of the City Z rung rd_inance, consisting of Sections 2300 through 19 2303, is hereby added and ordained tread as•follows: 20 �, , 21 ARTICLE 23. SHORT TERM RENTAL OVERLAY DISTRICT 22 23 Sec. 2300. Findings; intent. 24 r `:. 25 (The Virginia`General Assembly has directed that short term rentals be permitted 26 as a principal use in the area defined as the Sandbridge Special Service District. In 27 addition, the City Council Hereby finds that there are areas of the City, particularly in 28 communities•adjacent or in close proximity to the Atlantic Ocean and Chesapeake Bay 29 Beaches, in which residentialt dwellings are, and historically have been, rented to 30 vacationers or others on a,short term basis. In these areas, the City Council finds that 31 this historical rental use.,when appropriately regulated, may be carried on without 32 adversely affecting adjacent residential properties. In other areas of the City, short term 33 rentals are not as compatible with the residential use of the surrounding properties and 34 are often the cause of excessive noise, illegal or improper panting, traffic violations, 35 congestion and litter, thereby interfering with the quiet enjoyment of the residential 36 neighborhood in which they occur, requiring such properties to proceed through the 37 conditional use process so that Council may consider the imposition of further 38 conditions on the property to make the short term rental use as compatible as possible. 39 The provisions of this Article allow short term rentals as a principal use, with appropriate 40 restrictions, only in those areas directed by the General Assembly and/or in such other 1 41 areas as determined by the City Council, in which short term rentals may be carried on 42 without adversely affecting the quiet enjoyment of neighboring properties. 43 44 Sec. 2301. District boundaries. 45 46 j) The Short Term Rental Overlay District boundaries shall be as designated 47 on the official zoning map of the city (STR). 48 49 The City Council may designate other areas within the City as Short Term 50 Rental Overlay Districts in accordance with the following process: 51 52 1. Upon written petition by not less.thari fifty (50) owners of real property within 53 the boundaries of a proposed'STR Overlay Districtciwhich boundaries shall 54 be plainly identified in the petiticn, the City Council shall, upon notice to all 55 property owners within the proposed-STR'Overlay District conduct a public 56 hearing. The public.hearinq shall be'coriducted within the boundaries of the 57 proposed STR Overlay District if a sufficiently large and suitable venue is 58 available for such hearing. Notice of the public hearing shall be given as 59 provided in Virginia Code Section 15.2-2204. , 60 61 2. After the public hearing, at a future public meeting, City Council shall be 62 presented for its consideration, a resolution referring to the Planning 63 Commission a proposed zoning ordinance amendment creating the 64 proposed STR Overlay District. 65 66 3. If referred to the Planning Commission, the zoning ordinance amendment 67 shall proceed through the required statutory procedure for consideration by 68 the Planning Commission and ultimate decision by the City Council. 69 70 Sec. 2302. Application of regulations. 71 72 The designation of any property as lying within the Short Term Rental Overlay 73 District shall be in addition to, and not in lieu of, the underlying zoning district 74 classification of such property, such that any property situated in the Short Term Rental 75 Overlay District shall also lie within one or more of the zoning districts enumerated in 76 Section 102(a) of this ordinance. All such property shall be subject to the requirements 77 of this Article as well as to all other regulations applicable to it, and to the extent that 78 any provision of this Article conflicts with any other ordinance or regulation, the 79 provision of this Article shall control. 80 2 81 Sec.2303. Use regulations. 82 83 ) Subject to general requirements and to the regulations of the underlying 84 zoning district, all uses and structures permitted as principal, conditional or accessory 85 uses in the underlying zoning district in which they are located shall be permitted 86 within the Short Term Rental Overlay District. 87 88 (b) Short term rentals shall be a permitted' use if they comply with the 89 conditions of CZO Section 241.2 as modified by City'ouncil and listed below: 90 4` 91 1. No signage shall be on site, except that.each `short term rental is allowed one 92 (1), four(4) square foot sign, posted on the building which identifies the short 93 term rental. Architectural signaming the structure are excluded from this 94 limitation; 95 gid. . es 96 2. All refuse shall be placed_in automated;=:refuse receptacles,where provided, 97 and comply with the requirements of City-Code Sections 31-26, 31-27 and 31- 98 28, and private refuse hauling shall be allowed as needed: 99 100 3. A short term' rental'=shall have no more thantwo-42) rental contracts during 101 any consecutive seven (7)day period 102 103 4. If the. provisions ofZO Section '241.2 as modified herein are not met, the 104 city council mahevoke tF a bility to. rent a short term rental after notice and 105 hearing as.provided by Virginia-Code Section 15.2-2204; provided, however, 106 that written notice as-,prescribed therein shall be given at least fifteen (15) 107 days prior to the.hearinq 108 109 5. The maximum number of persons on the property after 11:00 PM and before 110 7:00 AM shall be'three (3) individuals per bedroom plus two (2) additional 111 persons; and 112 113 6. The conditions in CZO Section 241.2 numbered 12, 15, and 16 are not 114 applicable. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. 3 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA14502 R-11 August 31, 2018 t ,~ Z .3 i f 4 1 AN ORDINANCE TO AMEND THE OFFICIAL 2 ZONING MAP BY THE DESIGNATION AND 3 INCORPORATION OF PROPERTY INTO THE 4 SHORT TERM RENTAL OVERLAY DISTRICT 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That the official zoning map of the City of,Virginia Beach be, and hereby is, 13 amended by the designation and incorporation of•:the areas described below as a Short 14 Term Rental Overlay District(STR): " . 15 16 1) That property located in Sandbridge and bounded on tthe north by the USN 17 Fleet Combat Training Center Atlantic; on the south by the Little Island Park; 18 on the east by the Atlantic Ocean; and on the west, north of Sandbridge 19 Road, by the western boundary of the subdivision known as "Sandbridge 20 North Area," and south of Sandbridge Road, by the property of the United ,A 21 States of America and the Bask Bay National Wildlife Refuge, as depicted on 22 the map entitled "Sandbridge" dated June 17, 1994, prepared by the 23 department of public works and recorded in Map Book 240, Pgs. 81-84 as a 24 short term rental overlay district and depicted by the attached map labeled 25 "Short Term Rentals Sandbridge Special Service District"; 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: Planning Department City Attorney's Office CA14501 R-6 August 31, 2018 \1\ \ E SAN�A./Gc� 9�„t . Si-1 e ea i i \ t * It t` ,/ ( 1 Ni,..,, A. I ...\\ ans 1 ` MART Legend Short Term Rentals o 0.225 0.45 0.9 Sandbridge SSD Sandbridge Special Miles City of Virginia Beach Department of Service District Planning&Community Development -1- U• 4: egos'lles 4t C..1:4._ 4 GF ova'M►Tox' VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 23, 2015 In the absence of the Mayor, Vice Mayor Louis R. Jones called to order the CITY COUNCIL'S WORKSHOP in the City Council Conference Room, Tuesday, June 23, 2015, at 4:00 P.M Council Members Present: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Amelia N. Ross-Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Robert M Dyer Business meeting Shannon DS Kane Out of town for business John D. Moss Out of town for business Mayor William D. Sessoms,Jr. Out of town on City Business *Council Lady Henley provided a copy of a letter from Sandbridge Beach Civic League and Sandbridge Beach Business Association. She attended the Business Association's meeting last Thursday, along with Karen Lasley and other Planning Staff to discuss the issue of the large houses in Sandbridge being marketed as "event homes". She then met with the Civic League on Saturday morning and provided a copy of a motion passed unanimously regarding "event homes" to City Council which is made a part of this record. June 23, 2015 Sandbridge Beach Civic League Virginia Beach, Virginia June 22, 2015 Dear Honorable Mayor Sessoms and Members of City Council, As President of the Sandbridge Beach Civic League, I would like to inform you that the following motion was passed unanimously by the 43 members in attendance at our June 20,2015,annual meeting: The Sandbridge Beach Civic League, in keeping with its purpose of promoting the "betterment"of Sandbridge Beach as a "residential community", requests assistance from the City staff and City Council to investigate houses being rented for events, which are not compatible with a residential community, to determine what may be done to alleviate this problem. The Sandbridge Beach Civic League (SBCL)was chartered in 1974.A purpose of the civic league under Article II,Section 5 of our bylaws is, "The SBCL shall cooperate with neighboring civic organizations to keep this section of Virginia Beach free from undesirable rezoning and to promote its betterment as a residential community." Furthermore, the City has zoned Sandbridge Beach residential.However, many people are building houses that are not residences but are being marketed for commercial events, which is not in keeping with this residential zoning.The civic league asks the City to help us restore the quality of life and the environment that lured many of us to call Sandbridge Beach home. We have begun discussions with Councilwoman Henley and Zoning Administrator Karen Lesley.We look forward to your support. 'esp-M• Ily, Oh41 (411� 1 Jr.ris Pr= rent cc:James Spore, City Manager Karen Lasley,Zoning Administrator 7,.-, ~40 Sandbridge is Special! C e ��. Sandbridge beach Business Association June 22"d, 2015 Mayor Sessoms City Council Members City of Virginia Beach Bldg. 1, Municipal Center Virginia Beach,VA.23456 Re:Event Rental Homes—Sand bridge Beach Dear Mayor Sessoms and Members of City Council: We are aware that a small group of Sandbridge residents have expressed concerns over parking,trash and noise as it pertains to"event"rental homes that currently exist in the Sandbridge Beach community. To clarify,the term"event home"is a marketing effort that the Real Estate rental companies use to identify larger homes capable of holding an event such as a wedding or a large family gathering.With the start of the vacation season,these homes draw specific attention each year from residents concerned with the changing landscape of the Sandbridge Resort community. As you can see from the attached info sheet,Sandbridge Beach is comprised of approximately 1,698 home parcels and condominium units(excluding the Outdoor Resort RV resort)with approximately 839(49%)of these in the weekly rental pool.Our proximity to both the Atlantic Ocean and Back Bay National Wildlife Refuge,along with a short drive to the Virginia Beach Resort area makes us an ideal vacation destination for families.Currently,there are approximately 50 homes(6%of the rental inventory)identified as "event homes". Last year when the same concerns were raised by residents, we worked with Karen Lasley,Zoning Administrator, who drafted guidelines limiting the use of these larger homes to just 3 "events"per year with provisions for adequate parking,noise abatement and trash containment. In turn these guidelines were adopted by the Real Estate rental companies and the affected Property Owners. We acknowledge that with the arrival of over 10,000 visitors to Sandbridge each week,some inconvenience is inevitable. However,we stand committed to addressing the resident's concerns and look forward to working closely with City staff in seeking a resolution. Respectfully, Pat Barton President Attachment P.O.Box 56282 • Virginia Beach,Virginia 23456 • www.SBBA23456.com • sbba23456@gmail.com Sandbrige beach business Association SANDBRIDGE BEACH STATISTICS 2015 -Total Single Family Parcels 1,386 -Total homes in rental pool 610(44%) -Total Condominium Units 312 -Total Condo's in rental pool 229(73%) -Total Value of Real Estate(FY 2016) $ 1.1 billion * (* Provided by VB Real Estate Assessors Office) P.O.Box 56282 • Virginia Beach,Virginia 23456 • www.SBBA23456.com • sbba23456@gmail.com Sandbriclge Beach Business Association Ailstock Construction 1St Class Custom Builders Beach Windows and Doors Aloha Pool Services SBH Real Estate Benze Painting Beach Pros Realty Chaves Cleaning Sandbridge Biue Realty Services Sandbridge Seaside Market Siebert Realty Back Bay Catering Greg Kram Designs Maloney Electric Sandbridge Island Restaurant Resort Pools and Fences Sandbridge Realty Pfeufer Construction Baja Restaurant Back Bay Getaways Sanctuary Realty Clearwater Pools Baybreeze Enterprise Sandbridge Construction Management Bluebill Custom Homes Resource Building Corp Boardwork Restaurant Bandidios P.O.Box 56282 • Virginia Beach,Virginia 23456 • www.SBBA23456.com • sbba23456@gmail.com City of Virginia Beach Comprehensive Plan-It's Our Future:A Choice City — ----- May 17,2016 SFA 6-SANDBRIDGE • 3 w '4 III $;` \\ , \, ... ,. ,„,.. III t y: . s ') , L t r \ 111 ;z U L - \-' /1/ . 0 13,000 0 5.250 6.50Q inii.. Feet DESCRIPTION II The Sandbridge community is a stable,lowand and sandbar between the At-density,single-family community with about 1,200 a t c Ocean and Back dwelling units. It is located on a barrier island Bay that extends from the Navy's Dam Neck CombatFleet is located in southern Sandbridge and ng Base on the north to False Cape complex State Park to the south. A mid-rise condominiumPlex ial center at similar uses have recently been added as agrent d to visitorshorhood cwho prefer a slower, I he northern entrance to this area. Many of the dwellings are quieter atmosphere than that experienced g friend vacation gatherings has become anhe Oceanfront Resort Area. A trend of a sue single- family le family houses being used for large family ilizin influence. recent years,and could become a destabilizing RECOMMENDATIONS I It is the policy of the City to retain the existing,low density neighborhood character of Sandbridge. The following land use recommendations apply to this area: Suburban Area/1-90 - 1 City of Virginia Beach Comprehensive Plan-It's Our Future:A Choice City May 17,2016 • Limited commercial uses may be added provided the type and extent of such uses are scaled to serve only the Sandbridge neighborhood and that the site and building designs are of high quality and consistent with physical characteristics of the neighborhood. • Where opportunities present themselves,consider placing overhead utilities underground. • Additional public parking and day use facilities should be provided to serve day visitors. • Land uses in the Sandbridge community should be compatible with the environmental objectives of the Back Bay National Wildlife Refuge. • The City and US Navy should continue their long-standing arrangement of providing,when necessary,an emergency public evacuation route from Sandpiper Road north through NAS Oceana Dam Neck Annex to Dam Neck Road. xfi as— .1 -,g ` .14 �aase - .°46 < -tom a'}Si _ i - t' .�[ .lam ',r.� a•"-� 'i'.a .r,.r� `f •i°y"` ':{ yy'. ' .€ �° 'Y.'fi"'. c _., a `Yy f-^74* -N i• Tts. . § '> �� �E•= .. �. ?;*..") ;;ter n jS {�,ca. .. 1> �. Gateway to Sandbridge Beach resort community I I I Suburban Area/1-91 ' t • i. '-' ' '- ' --- '''-'.--...:-' -, ..:.,_,,::,,,::., _.,._ ,,, .,, , _. ,, ,�vf�, v"k c,-.2:5;-;:„.:4:,::',' �£y 3 Eye-�'+�T � f�• � r � • x sa -c t :•,f`.-.:;''''''L.•r-,44`c;" w x,� v $ �H '� m z-sr�-,'� x r r 3 .� l 3 ''''''''''''' ''''''•-.: +,r sr 3 "a. 7 4' t, ,.. tt w. -<- ,-. ,e t.,-'� .;. { �•�- s7 a i s fir ,y,`jy� _ �W nM l - Jti L� Z yR ,O If,- N C o =• o N O E C) ••- � O � � 0O •i. O ( C 4 ..ca a) on 0 „� - ,C O O � 4- V) fc3 .. L. O •� V 9- •,.... .� •r 4.3 N •i 1 -10 r C O >1 'O .1(1Z; (0 •.- u ccs (NiI- 00 On cn O = ii 4 4.jv;ce c ,u o o •u I.U. [',*s N V O 0O ,4 0 c� Z 'V". •� ion Q 4) 4—j •p ti h ., ms` ^4 -fps 1 W ai .,+ 0 � C a) . Vii n 0 \ O c e on o cv cto 0 C � c 0) a (U L >° ® c o z E 00 fGn o i C CD U > 0) NI tr0 4j c ® 0) tJLrl on L) c ® M aP C � vl n c 0 -0 in C tA 0 • ® i 0 C VI 0 1..9 a/ A. 7 CITY COUNCIL LIAISON REPORTS ITEM#68456 4:26 P.M. There were no Liaison Reports September 4, 2018 8 CITY COUNCIL COMMENTS ITEM#68457 4:27 P.M. Council Lady Henley applauded Brian van Eerden from The Nature Conservancy,for his State of the Forest Presentation during the second of the three part Sea Level Rise Summer Symposium held on August 22, 2018. As of 2011, there were 43,000 acres of forest cover in the City with 46%protected. Trees act as solar powered, no maintenance pumps through the process of"evapo-transportation"in dealing with Sea Level Rise and Stormwater Control. Trees take in ground water and release the evaporated water into the atmosphere through the tree canopy. There is an Urban Tree Canopy Analysis with LIDAR (Light Detection and Ranging) technology currently being conducted. The information from the analysis will identify what forest areas in the City are unprotected and can be purchased. Council Lady Henley recommended taking a robust assessment of the City's forest and having the Open Space Committee and Green Ribbon Committee assist in bringing those identified forest areas into our Green Infrastructure Network. Councilman Davenport echoed Council Lady Henley's remarks and was fascinated to know that trees act as pumps. He also would like the Green Ribbon Committee to be involved as he believes this should be part of the City's Stormwater Plan. Mayor Jones advised he was impressed to learn 40%of ground water is pumped through trees and released into the atmosphere. September 4, 2018 9 CITY COUNCIL COMMENTS ITEM#68458 (Continued) Council Lady Henley advised the Hampton Roads Planning District Commission (HRPDC)recently established the Coastal Resilience Committee. This is a regional Committee that will look at the stormwater issues. Council Lady Henley advised their first meeting was last week which included representatives from the offices of Senators Warner and Kane. September 4, 2018 10 CITY COUNCIL COMMENTS ITEM#68459 (Continued) Council Lady Henley advised the 3rd and final Sea Level Rise Summer Symposium will be held tomorrow, September 5, 2018, 10:30 A.M., at the Senior Resource Center. There will be two speakers;Karen Forget, will speak about the trees people can plant on their properties and Louis Cullipher, will speak on soil types. September 4, 2018 11 CITY COUNCIL COMMENTS ITEM#68460 (Continued) Councilman Moss referenced an article in the Wall Street Journal last week concerning the impact of Sea Level Rise on property values, naming cities that have lost$7.7-Billion in property assessments due to Sea Level Rise. He is concerned with the number of people living in Windsor Woods and Princess Anne Plaza who are receiving flood insurance notices for FEMA grants they received for several thousands of dollars. Councilman Moss requested the City Real Estate Assessor provide information on the methodology used to determine land value assessments and if it takes into consideration the amount of money required for flood insurance. September 4, 2018 12 CITY COUNCIL COMMENTS ITEM#68461 (Continued) Council Lady Abbott requested the statistics for the properties categorized in the Severe Competitive Loss Program with a graph showing the area the properties are located since Hurricane Matthew. September 4, 2018 13 CITY COUNCIL COMMENTS ITEM#68462 (Continued) Council Lady Abbott received a concern from a Public Works employee that the air conditioning is out in the "locker room"and requested a status update at the next City Council meeting. September 4, 2018 14 CITY COUNCIL COMMENTS ITEM#68463 (Continued) Councilman Uhrin advised the Surfers Healing Camp was held two weeks ago with over 470 autistic children participating. They were very complementary of our Virginia Beach staff and the support they provided. Mr. Uhrin encouraged City Council to watch the video of this year's event. September 4, 2018 15 AGENDA REVIEW SESSION ITEM#68464 BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Resolution to AUTHORIZE a contract between the Virginia Beach Community Services Board and the Commonwealth of Virginia 2. Ordinances to AMEND the City Code: a. Section 7-66 re designation of City highways for golf cart operation in Ashville Park and Chesapeake Bay—East of Northampton Boulevard b. Section 10-1 re Polling Location Changes for Redwing Precinct to Seatack Elementary School and Trantwood Precinct to Trantwood Elementary School c. Section 21-230 re designation of Mediterranean Avenue between Virginia Beach Boulevard and Norfolk Avenue to the Traffic Calming Ordinance 3. Ordinance to EXTEND the date to satisfy the conditions re closing a portion of Euclid Road adjacent to 5073 Virginia Beach Boulevard 4. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) Easement from Robert W. White, Jr. et al. (113.07+/- acres) at the 3600 Block of Charity Neck Road and 1700 Block of Pleasant Ridge Road 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Croatan Beach at the rear of 536 South Atlantic Avenue re construct and maintain timber beach access 6. Ordinance to ESTABLISH Capital Improvement Program (CIP) re EMS Headquarters Audio Visual Upgrades and TRANSFER $250,000 from the Housing Resource Center CIP (Deferred from August 21, 2018) 7. Ordinance to TRANSFER $167,166 from the Housing Resource Center CIP to the Various Buildings Rehabilitation and Renewal IV CIP re electrical upgrades to the Farmers Market (Deferred from August 21, 2018) 8. Ordinance to ACCEPT and APPROPRIATE additional$12,460 Grant Funds re Victim Witness Program in the Commonwealth Attorney's Office 9. Ordinance to APPROPRIATE $200,000 of Fund Balance from the Sheriff's Office Special Revenue Fund to the Sheriff's FY 2018-2019 Operating Budget re replacement of kitchen equipment ITEM#2b WILL BE CONSIDERED SEPARATELY ITEM#2c WILL BE CONSIDERED SEPARATELY COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#4 ITEM#6 WILL BE CONSIDERED SEPARATELY ITEM#7 WILL BE CONSIDERED SEPARATELY September 4, 2018 16 ITEM#68465 Mayor Louis R. Jones entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). • Legal Issues Involving Social Media • Estate of India Kager v. Ferreira, et al. • Short Term Rentals PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees September 4, 2018 17 ITEM#68465 (Continued) Upon motion by, Councilman Uhrin seconded by Council Lady Kane, City Council voted to proceed into CLOSED SESSION at 4:44 P.M. Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, and Vice Mayor James L. Wood Council Members Absent: Robert M. Dyer Sick Rosemary Wilson Family Vacation Closed Session 4:44 P.M. - 5:59 P.M. September 4, 2018 18 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 4, 2018 6:00 P.M. Mayor Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, September 4, 2018, at 6:00 P.M. Council Members Present: Jessica P. Abbott, M. Benjamin Davenport, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, and Vice Mayor James L. Wood Council Members Absent: Robert M Dyer Sick Rosemary Wilson Family Vacation INVOCATION: Chaplain Steve Gray Virginia Beach Police Department, First Precinct PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA September 4, 2018 19 Item— VII-E CERTIFICATION ITEM#68466 Upon motion by Council Lady Kane, seconded by Councilman Moss, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, and Vice Mayor James L. Wood Council Members Absent: Robert M. Dyer Rosemary Wilson September 4, 2018 -4011F- OF SOUR NIS" RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#68465 Page 17 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Amanda Barnes, MC City Clerk September 4, 2018 20 Item— VII-F MINUTES ITEM#68467 Upon motion by Council Lady Kane, seconded by Councilman Davenport, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of August 21, 2018 and the SPECIAL FORMAL SESSION of August 28,2018 Voting: 7-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, and Vice Mayor James L. Wood *Council Members Abstaining: Council Members Absent: Robert M. Dyer Rosemary Wilson *COUNCILMAN UHRIN ABSTAINED ON THE AUGUST 21, 2018 MINUTES AS HE WAS OUT OF TOWN AND DID NOT ATTEND THAT MEETING, MAKING THE VOTE 7-0 *COUNCILMAN MOSS VERBALLY ABSTAINED ON THE AUGUST 28, 2018 MINUTES AS HE LEFT AT 5:15 P.M.AND DID NOT ATTEND THE ENTIRE MEETING,MAKING THE VOTE 7-0 September 4, 2018 21 ADOPT AGENDA FOR FORMAL SESSION ITEM#68468 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION September 4, 2018 22 Item—VII-H.1 MAYOR'S PRESENTATION ITEM#68469 RESOLUTION VIRGINIA WESLEYAN UNIVERSITY SOFTBALL TEAM DAY Mayor Jones introduced and presented the Resolution to Coach Elliot and the Virginia Wesleyan University Softball Team declaring September 4`'', 2018 as "VIRGINIA WESLEYAN UNIVERSITY SOFTBALL TEAM DAY". Mayor Jones expressed his pride in the team's athletic achievements and to each of them as members of the community. In attendance: President: Scott D. Miller Coaches: Brandon Elliot—Head Softball Coach Jenna Wilson—Assistant Coach Players: Katelyn Biando Daja Burgee Hope Burleson Madison Glaubke Carla Hall Hanna Hull Amy Large Kiersten Richardson Kerrigan Simpson Julia Sinnett Lexi Smith Danielle Stewart Maria Weddle Coach Elliot expressed his appreciation to City Council for their support. September 4, 2018 . 9 44 OP 01%1.4.0P RESOLUTION WHEREAS: Virginia Wesleyan University,founded in Virginia Beach,is Virginia Beach's oldest higher education institution. Virginia Wesleyan University is the only Virginia Beach based institution bringing NCAA National Championships to the city, having won the 2006 Men's Basketball Championship, the 2017 and 2018 Softball Championship.In 2016,Evan Cox won the NCAA individual golf championship; WHEREAS: The Virginia Wesleyan University softball team claimed its second NCAA Division HI National Championship in 2018.Only three other softball teams in DIII history have taken home back-to- back National Championships.The team boasted a record of 55-3,setting a NCAA Division III record for wins in a season,breaking their 54 win record from the year before; WHEREAS: The team consisted of eight All-Conference members,three All-Region members and a pair of All-America recipients. Senior Cassetty Howerin was named a First Team All-American for the third time in her career as well as the VaSID State Player of the Year as her 136 walks set the NCAA record for career bases-on-balls. Sophomore pitcher Hanna Hull was named the NCAA Division HI Player of the Year for the second-straight season as she led the nation in both strikeouts and victories; WHEREAS: Finishing his 11 w year as head coach,Brandon Elliott currently holds a record of 408-103, putting his winning percentage among the top-4 in all of NCAA Division III. Tabbed as the Old Dominion Athletic Conference(ODAC)and VaSID Coach of the Year, Elliott and his staff were named the 2018 National Coaching Staff of the Year as well.Elliott has produced nine ODAC Pitchers of the Year and six ODAC Players of the Year;and WHEREAS: The National Fastpitch Coaches Association ranked Virginia Wesleyan No. 1 through the entirety of the season and the team has not relinquished that position for 21-straight weeks, dating back to midway through the 2017 season. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pauses in its deliberations this Fourth day of September 2018, to recognize these STAR athletes and coaches for their talent,skill, tenacity and leadership on the sports field that will assist throughout their life in becoming professional leaders of tomorrow. - BE IT FURTHER RESOLVED: That all four hundred andffty thousand citizens in the "Greatest City in the World"join us in declaring: SEPTEMBER FOURTH,TWO THOUSAND EIGHTEEN "VIRGINIA WESLEYAN UNIVERSITY SOFTBALL TEAM"DAY If Council.Lady,7 • .A6 tt `40 C. to R9. '..6'Oyer%_ / / ,%9 n ' Benjamin 1Davenport C. Lady Barham 9d.91 .mango 'O.Moss Council non DS 1(a C ngofn Vfi emery 44f[con 1110, ' vl . -- Vicemes L.Wood 74• . Louis 4e,g 23 Item - VII-I.1 PUBLIC HEARINGS ITEM#68470 Mayor Jones DECLARED A PUBLIC HEARING: ACQUISITION OF AGRICULTURAL LAND PRESERVATION(ARP)EASEMENT 3600 Block of charity Neck Road and 1700 Block of Pleasant Ridge Road There being no speakers, Mayor Jones CLOSED the PUBLIC HEARING September 4, 2018 24 Item- VII-I.2 PUBLIC HEARINGS ITEM#68471 Mayor Jones DECLARED A PUBLIC HEARING: POLLING PLACE CHANGES a. Redwing Precinct to Seatack Elementary school b. Trantwood Precinct to Trantwood Elementary School There being no speakers,Mayor Jones CLOSED the PUBLIC HEARING September 4, 2018 25 Item - VII-J ORDINANCES/RESOLUTIONS ITEM#68472 Upon motion by Vice Mayor Wood, seconded by Council Lady Abbott, City Council APPROVED, BY CONSENT:Agenda Items 1, 2a, 3, 4(MOSS VERBAL NAY), 5, 8, and 9 Voting: 7-0 Council Members Voting Aye: Jessica P. Abbott, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, and Vice Mayor James L. Wood Council Members Absent: *M. Benjamin Davenport Robert M. Dyer Rosemary Wilson *M.BENJAMIN DAVENPORT STEPPED OUT DURING CONSIDERATION AND VOTE FOR THE CONSENT AGENDA September 4, 2018 26 Item -VII-J.1 ORDINANCES/RESOLUTIONS ITEM#68473 Upon motion by Vice Mayor Wood, seconded by Council Lady Abbott, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE a contract between the Virginia Beach Community Services Board and the Commonwealth of Virginia Voting: 7-0 Council Members Voting Aye: Jessica P. Abbott, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, and Vice Mayor James L. Wood Council Members Absent: M. Benjamin Davenport Robert M.Dyer Rosemary Wilson September 4, 2018 1 A RESOLUTION APPROVING A CONTRACT BETWEEN 2 THE VIRGINIA BEACH COMMUNITY SERVICES BOARD 3 AND THE STATE 4 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That the City Council hereby approves Fiscal Year 2018-19 Performance Contract 9 between the City of Virginia Beach Community Services Board and the Virginia 10 Department of Behavioral Health and Developmental Services (a summary of which is 11 attached in Exhibit A), which provides State-controlled performance contract funding to 12 the Community Services Board. Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of September 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: o_ Budget & Management Services Cid ° I% e�=. 0 e CA14513 R-1 August 21, 2018 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services Virginia Beach Community Services Board Consolidated Budget(Pages AF-3 through AF-9) Funding Sources Mental Health Developmental Substance TOTAL (MH)Services (DV)Services Use Disorder (SUD) Services State Funds 9,160,333 852,120 2,223,622 12,236,075 Local Matching Funds 10,798,075 8,178,671 1,200,791 20,177,537 Total Fees 5,013,521 19,820,596 349,499 25,183,616 Transfer Fees In/(Out) 0 0 0 0 Federal Funds 314,687 0 2,281,385 2,596,072 Other Funds 102,898 323,000 82,564 508,462 State Retained Earnings 0 0 0 0 Federal Retained Earnings 0 0 0 , Other Retained Earnings 0 0 0 0 Subtotal Ongoing Funds 25,389,514 29,174,387 6,137,861 60,701,762 _ State Funds One-Time 0 0 0 Federal Funds One-Time 0 0 0 Subtotal One-Time Funds 0 0 0 0 TOTAL ALL FUNDS 25,389,514 29,174,387 6,137,861 60,701,762 Cost for MH/DV!SUD Services 25,381,635 28,973,134 2,901,363 57,256,132 Cost for Emergency Services(AP-4) 2,413,136 Cost for Ancillary Services (AP-4) 1,032,494 Total Cost for Services 60,701,762 Local Match Computation CSB Administrative Percentage Total State Funds 12,236,075 Administrative Expenses 7,130,308 Total Local Matching Funds 20,177,537 Total Cost for Services 60,701,762 Total State and Local Funds 32,413,612 Admin/Total Expenses 11.75% Total Local Match% 62.25% (Local/Total State+ Local) Report Date 8/15/2018 AF-1 FY2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A:Resources and Services Virginia Beach Community Services Board Financial Comments Commend MH Other Federal-CSB=$46,570 USDA Comment2 MH Other Funds=$6,364 Beach House snack bar receipts,$96,534 PATH anticipated Comment3 mid-year award Comment4 DV Other Funds=$323,000 DARS contract Comments SUD FBG Prey-Family Weliness removed from LON($82,263) Comment6 SUD Federal OPT-R Treatment=2nd year award of$607,334 less$91,667 received Comment? on FY 2018 warrant#24 Comment8 SUD Other Federal-CSB=$20,000 Dept of Health HIV contract Comment9 SUD Other Funds=$54,065 SAIP, $28,499 anticipated additional OPT-R Recovery Comment]0 Commend l NOTE TO JOEL: Commentll 300-335 MAT is 100%contracted service so expenses are assigned with zero FTE Commentl3 Commentl4 Commentl5 Commentl6 Commend 7 Commentl8 Comment]9 Comment20 Commentll Comment22 Comment23 Commen/24 Comment25 Report Date 8/15/2018 AF-2 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds FEES MH Medicaid Fees 4,496,004 MH Fees:Other 517,517 Total MH Fees 5,013,521 MU Transfer Fees In/(Out) 0 MH Net Fees 5,013,521 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 CAM!(93.243) MH Federal Pre-Trial Diversion Initiative(16.745) 0 MU Other Federal-DBHDS 0 MH Other Federal-CSB 46,570 Total MH Federal Funds 314,687 STATE FUNDS Regional Funds MH Acute Care(Fiscal Agent) 0 MH Acute Care Transfer In/(Out) 0 Total MU Net Acute Care-Restricted 0 MH Regional DAP(Fiscal Agent) 0 MH Regional DAP Transfer In/(Out) 37,937 Total MH Net Regional DAP-Restricted 37,937 MH Regional Residential DAP-Restricted 0 MU 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 AF-3 Report Date 8/15/2018 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services Mental Health (MH)Services Virginia Beach Community Services Board Funding Sources Funds MH Recovery(Fiscal Agent) 0 MH Other Merged Regional Funds(Fiscal Agent) 1,468,833 MH Total Regional Transfer In/(Out) 0 Total MH Net Unrestricted Regional State Funds 1,468,833 Total MH Net Regional State Funds 2,301,704 Children State Funds MH Child&Adolescent Services Initiative 338,661 MH Children's Outpatient Services 75 OM Total MH Restricted Children's Funds 413,661 MH State Children's Services 25.000 MH Juvenile Detention 111.724 MH Demo Proj-System of Care(Child) 0 Total MH Unrestricted Children's Funds 136.724 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 Assisted Living Facility Support 0 MH Docket PilotJMHCP Match 0 MH Adult Outpatient Competency Restoration Services 0 MH CIT-Assessment Sites 150.857 MH Expand Telepsychiatry Capacity 0 MH Young Adult SMI 0 MH PACT 850.000 MH PACT-Forensic Enhancement 200.000 MH Gero-Psychiatric Services 0 MH Permanent Supportive Housing 917,168 MH STEP-VA 270,000 MH Expanded Community Capacity(Fiscal Agent) 0 MH Expanded Community Capacity Transfer In/(Out) 302,709 Total MH Net Expanded Community Capacity 302,709 MR 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 Total MH Restricted Other State Funds 3,360,143 Report Date 8/15/2018 AF-4 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds MH State Funds 2.828.732 MH State Regional Deaf Services 0 MH State NGRI Funds 0 MH Geriatrics Services Total MU Unrestricted Other State Funds 2.R28.732 Total MH Other State Funds 6,188,875 TOTAL MH STATE FUNDS 9,160,333 OTHER FUNDS MH Other Funds 102,898 MH Federal Retained Earnings 0 MH State Retained Earnings 0 MH State Retained Earnings-Regional Programs 0 MH Other Retained Earnings Total MH Other Funds 102,898 LOCAL MATCHING FUNDS MH Local Government Appropriations 10,798,075 MH Philanthropic Cash Contributions 0 MU In-Kind Contributions 0 MH Local Interest Revenue 0 Total MH Local Matching Funds 10,798,075 Total MH Funds 25,389,514 MH ONETIME FUNDS MH FBG SMI(93.958) 0 MH FBG SED Child&Adolescent(93.958) 0 MU FBG Peer Services (93.958) 0 MH State Funds 0 Total One Time MH Funds 0 Total MU All Funds 25,389,514 AF-5 Report Date 8/15/2018 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services Developmental Services(DV) Virginia Beach Community Services Board Funding Sources Funds FEES DV Medicaid DD Waiver Fees 225,819 DV Other Medicaid Fees 6.853,146 DV Medicaid ICF/IDD Fees 12.097,384 DV Fees:Other 644,247 Total DV Fees 19,820,596 DV Transfer Fees In/(Out) 0 DV NET FEES 19,820,596 FEDERAL FUNDS DV Other Federal-DBHDS 0 DV Other Federal-CSB 0 Total DV Federal Funds 0 STATE FUNDS DV State Funds 813,942 DV OBRA Funds 38,178 Total DV Unrestricted State Funds 852,120 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 852,120 OTHER FUNDS DV Workshop Sales 0 DV Other Funds 323,000 DV State Retained Earnings 0 DV State Retained Earnings-Regional Programs 0 DV Other Retained Earnings 0 Total DV Other Funds 323,000 AF-6 Report Date 8/15/2018 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services Developmental Services(DV) Virginia Beach Community Services Board Funding Sources Funds LOCAL MATCHING FUNDS DV Local Government Appropriations 8,178,671 DV Philanthropic Cash Contributions 0 DV In-Kind Contributions 0 DV Local Interest Revenue 0 Total DV Local Matching Funds 8,178,671 Total DV All Funds 29,174,387 Report Date 8/15/2018 AF-7 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds FEES SUD Medicaid Fees 338,500 SUD Fees:Other 10,999 Total SUD Fees 349,499 SUD Transfer Fees In/(Out) 0 SUD NET FEES 349,499 FEDERAL FUNDS SLID 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 SUD FBG Recovery(93.959) 0 SUD FBG MAT-Medically Assisted Treatment(93.959) Tota SUD FBG Alcohol/Drug Treatment Funds 1,250,920 SUD FBG Women(includes LINK at 6 CSBs)(93.959) 187,279 SUD FBG Prevention-Women(LINK)(93.959) 0 Total SUD FBG Women Funds 187,279 SUD FBG Prevention(93.959) 279,020 SUD 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 CABHI(93.243) 0 SUD Federal Strategic Prevention(93.243) 0 SUD Federal VSAT—Implementation(93.243) 0 SUD Federal OPT-R-Prevention(93.788) 0 SUD Federal OPT-R-Treatment(93.788) 515.667 SLID Federal OPT-R-Recovery(93.788) 28,499 Total SUD Federal OPT-R Funds(93.788) 544,166 SUD Other Federal-DBHDS 0 SUD Other Federal-CSB 20,000 TOTAL SUD FEDERAL FUNDS 2,281,385 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 SLID Transfers from DBHDS Facilities(Fiscal Agent) 0 SLID Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net SUD Transfers from DBHDS Facilities 0 AF-8 Report Dote 8/15/2018 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds Other State Funds SUD Community Detoxification 0 SUD Women(includes LINK at 4 CSBs)(Restricted) 1,800 SUD Recovery Employment 0 SUD MAT-Medically Assisted Treatment 0 SUD Peer Support Recovery 0 Total SUD Restricted Other State Funds 1,800 SUD State Funds 1,408,686 SUD Region V Residential 131,215 SUD Jail Services/Juvenile Detention 27,216 SUD SARPOS 76,097 SUD Recovery 0 SLID HIV/AIDS 102,572 Total SUD Unrestricted Other State Funds 1,745,786 Total SUD Other State Funds 1,747,586 TOTAL SUD STATE FUNDS 2,223,622 OTHER FUNDS SLID Other Funds 82,564 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 82,564 LOCAL MATCHING FUNDS SUD Local Government Appropriations 1,200,791 SLID Philanthropic Cash Contributions 0 SUD In-Kind Contributions 0 SUD Local Interest Revenue 0 Total SUD Local Matching Funds 1,200,791 Total SUD Funds 6,137,861 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 SLID State Funds 0 Total SUD One-Time Funds 0 Total All SUD Funds 6,137,861 AF-9 Report Date 8/15/2018 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services Local Government Tax Appropriations Virginia Beach Community Services Board City/County Tax Appropriation Virginia Beach City 20,177,537 Total Local Government Tax Funds: 20,177,537 Report Date 8/15/2018 AF-10 FY 2019 And FY2020 Community Services Performance Contract FY 2019 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) 25,389,514 29,174,387 6,137,861 60,701,762 Cost for M1-1,DV,SUD, 25,381,635 28,973,134 2,901,363 2,413,136 1,032,494 60,701,762 Emergency,and Ancillary Services Difference 7,879 201,253 3,236,498 -2,413,136 -1,032,494 0 Difference results from Other: 0 Explanation of Other in Table Above: Report Date 8/15/2018 AF-11 FY 2019 And FY2020 Community Services Performance Contract FY 2019 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 20.4 FTEs 1750 $3,497,296 312 Medical Services 17.23 FTEs 2207 $3,565,268 350 Assertive Community Treatment 11.8 FTEs 95 $1,855,332 320 Case Management Services 51.8 FTEs 1462 $5,260,613 410 Day Treatment or Partial Hospitalization 30 Slots 103 $1,112,308 420 Ambulatory Crisis Stabilization Services 4 Slots 58 $202,827 425 Mental Health Rehabilitation 155 Slots 287 $2,512,424 460 Individual Supported Employment 3.5 FTEs 42 $359,948 510 Residential Crisis Stabilization Services 13 Beds 468 $3,509,478 551 Supervised Residential Services 32 Beds 50 $1,048,332 581 Supportive Residential Services 14.64 FTEs 106 $2,431,240 610 Prevention Services 0.2 FTEs J $26,569 Totals 6,628 $25,381,635 Form 11A: Pharmacy Medication Supports Number of Consumers 803 Total Pharmacy Medication Supports Consumers 3 Report Date 8/15/2018 AP-1 FY 2019 And FY2020 Community Services Performance Contract FY 2019 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 3.25 FTEs 18 $273,115 320 Case Management Services 27.91 FTEs 910 $3,322,574 425 Developmental Habilitation 148 Slots 173 $4,030,754 465 Group Supported Employment 19 Slots 54 $801,172 460 Individual Supported Employment 9.4 FTEs 173 $786,940 501 Highly Intensive Residential Services(Community-Based ICF/ID Services) 47 Beds 47 $13,219,919 521 Intensive Residential Services 25 Beds 25 $3,336,407 551 Supervised Residential Services 2 Beds 2 $299,076 581 Supportive Residential Services 40.77 FTEs 69 $2,903,177 Totals 1,471 $28,973,134 Report Date 8/15/2018 AP-2 FY 2019 And FY2020 Community Services Performance Contract FY 2019 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 2.45 FTEs 326 $508,752 335 Medication Assisted Treatment Services 0 FTEs 218 $636,054 320 Case Management Services 2.26 FTEs 65 $173,813 410 Day Treatment or Partial Hospitalization 15 Slots 110 $252,691 501 Highly Intensive Residential Services(Medically Managed Withdrawal Services) 4 Beds 39 $577,655 610 Prevention Services 5.93 FTEs $752,398 Totals 758 $2,901,363 Report Date 8/16/2018 AP-3 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services CSB 400 Emergency and Ancillary Services Virginia Beach Community Services Board Report for Form 01 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 100 Emergency Services 21.08 FTEs 2882 $2,413,136 318 Motivational Treatment Services 1.1 FTEs 524 $228,420 390 Consumer Monitoring Services 5.89 FTEs 530 $653,933 720 Assessment and Evaluation Services 1 FTEs 538 $150,141 Totals 4,474 $3,445,630 Report Date 8/15/2018 AP-4 27 Item -VII-J.2a ORDINANCES/RESOLUTIONS ITEM#68474 Upon motion by Vice Mayor Wood, seconded by Council Lady Abbott, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: a. Section 7-66 re designation of City highways for golf cart operation in Ashville Park and Chesapeake Bay—East of Northampton Boulevard Voting: 7-0 Council Members Voting Aye: Jessica P. Abbott, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, and Vice Mayor James L. Wood Council Members Absent: M. Benjamin Davenport Robert M. Dyer Rosemary Wilson September 4, 2018 1 AN ORDINANCE TO AMEND SECTION 7-66 2 OF THE CITY CODE PERTAINING TO 3 DESIGNATION OF CITY HIGHWAYS FOR 4 GOLF CART OPERATION; POSTING OF 5 SIGNS 6 7 SECTION AMENDED: § 7-66 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That Section 7-66 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 Sec. 7-66. Designation of City highways for golf cart operation; posting of signs. 15 (a) Pursuant to Section 46.2-916.2 of the Code of Virginia, city council may authorize by 16 ordinance, the operation of golf carts on designated public highways within the City 17 after (i) considering the speed, volume, and character of motor vehicle traffic using 18 such highways, and (ii) determining that golf cart operation on particular highways is 19 compatible with state and local transportation plans and consistent with the 20 Commonwealth's statewide pedestrian policy. No City highway shall be designated 21 for use by golf carts if such golf cart operations will impede the safe and efficient flow 22 of motor vehicle traffic, or if the highway's posted speed limit is greater than twenty- 23 five (25) miles per hour. 24 (b) All requests made to have specific highways designated for golf cart use shall be 25 directed to the Traffic Engineering Office of Public Works. 26 (c) Any City highway designated for golf cart operations shall be posted with signs 27 indicating this designation. The organization, individual or entity requesting a highway 28 designation allowing golf cart operations shall reimburse the City its actual cost for 29 the installation and continued maintenance of such signs. 30 (d) The following City streets located in the specified neighborhoods are approved for 31 golf cart operation in accordance with the provisions of this Article: 32 33 (1) Heron Ridge Estates—Couples Court, Heron Ridge Lane, Heron Ridge 34 Drive, Lynx Drive, Lynx Court and Ryan Court. 35 (2) Chubb Lake West of Pleasure House Road—Beaufort Avenue, West Chubb 36 Lake Avenue, Chubb Lake Avenue, Lauderdale Avenue (4800-5100 37 Blocks), Athens Boulevard, Creek Cove Court, Sunny Circle, Bradpointe 38 Lane, Leatherneck Road, Lookout Road (4800-4900 Blocks), Bradford 39 Point, Bayview Avenue, Guy Avenue, Ocean View Avenue (4900 Block), 40 Lee Avenue (4800 Block), Zivo Court and Lake Drive (4800 Block); 41 (3) Lago-Mar—Atwoodtown Road, Costa Grande Drive, Camino Real South, 42 Camino Court, Rota Circle, Santa Marta Court, Santa Clara Court, Cinta 43 Court, Granada Court, San Jose Court, San Miguel Court, Sevilla Court, 44 Acapulco Court, Casa Court, Estrella Court, Rio Grande Drive, Rio Grande 45 Court, Pinon Court, Corrente Lane, Escorial Court, La Mirage Court, Los 46 Conaes Way, Trevino Court, Rio Bravo Bend, Santiago Point, Toledo Place, 47 Infanta Circle, Costa Grande Drive, Malaga Lane, Malaga Court, Alcon 48 Court, Soria Circle, Tres Lane, Vaso Court, Toro Court, Amigo Court, Tono 49 Court, Los Colonis Drive, Las Brisas Drive, Baja Court, Sonora Court, 50 Morado Court, La Tierra Court, La Tierra Circle, Las Corrales Court, 51 Brasileno Drive, Brasileno Court, Valiente Court, Esquiana Court, Verano 52 Court, Verano Circle, Belleza Court, Torero Court, Entrada Drive, Ranchero 53 Road, Cordova Court, San Marco Road, San Marco Circle and San Marco 54 Cour- i 55 (4) Ashville Park: Ashville Park Boulevard (from Lubao Lane to 1868 Ashville 56 Park Blvd), Emelita Drive, Lubao Lane, Blythe Drive, Wilshire Drive, 57 Benecia Drive, Camarillo Lane, Kittridqe Drive, Aldea Circle, Keokirk Lane; 58 59 Chesapeake Bay - East of Northampton Blvd: Ocean View Avenue, 60 Lauderdale Avenue, Pleasure Avenue, Guam Street, Lee Avenue, Cornet 61 Avenue, Lake Drive, Fentress Avenue, Seavew Avenue, Mortons Road, 62 and Lee Court. 63 64 65 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 4th day 66 of September , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /PalPublf orks City Attorney's Office CA 14447 R-2 August 27, 2018 28 Item -VII-.1.2b ORDINANCES/RESOLUTIONS ITEM#68475 The following registered to speak: Barbara Messner, P.O. Box 514, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council ADOPTED Ordinance to AMEND the City Code: b. Section 10-1 re Polling Location Changes for Redwing Precinct to Seatack Elementary School and Trantwood Precinct to Trantwood Elementary School Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, and Vice Mayor James L. Wood Council Members Absent: Robert M. Dyer Rosemary Wilson September 4, 2018 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO CHANGE THE POLLING LOCATIONS FOR THE 3 REDWING AND TRANTWOOD PRECINCTS 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 8 Section 10-1 of the City Code is hereby amended and reordained to read as 9 follows: 10 11 Sec. 10-1. Establishment of precincts and polling places. 12 13 There are hereby established in the city the following precincts and their 14 respective polling places, as set forth below: 15 16 Precinct Polling Place 17 18 Alanton Alanton Elementary School 19 Aragona Bayside Sixth Grade Campus 20 Arrowhead Arrowhead Elementary School 21 Avalon Woodstock Elementary School 22 Baker Ebenezer Baptist Church 23 Bayside Bayside Elementary School 24 Bellamy Salem Middle School 25 Blackwater Blackwater Fire Station 26 Bonney Discovery Church 27 Brandon Brandon Middle School 28 Brookwood Plaza Annex 29 Buckner Green Run Baptist Church 30 Cape Henry Research and Enlightenment Building (Edgar 31 Cayce Library) 32 Capps Shop Back Bay Christian Assembly 33 Centerville Centerville Elementary School 34 Chesapeake Beach Bayside Baptist Church 35 Chimney Hill Rosemont Elementary School 36 College Park College Park Elementary School 37 Colonial Colonial Baptist Church 38 Colony Lynnhaven Colony Congregational Church 39 Corporate Landing Corporate Landing Middle School 40 Courthouse Kellam High School 41 Creeds Oak Grove Baptist Church 42 Cromwell Salem United Methodist Church 43 Culver Ocean Lakes High School 44 Dahlia Green Run High School 45 Dam Neck Corporate Landing Elementary School 46 Davis Corner Bettie F. Williams Elementary School 47 Eastern Shore Eastern Shore Chapel 48 Edinburgh St. Aidan's Episcopal Church 49 Edwin Kempsville Middle School 50 Fairfield Kempsville Presbyterian Church 51 Foxfire Wave Church 52 Glenwood Glenwood Elementary School 53 Great Neck All Saints Episcopal Church 54 Green Run Green Run Elementary School 55 Haygood Haygood United Methodist Church 56 Hillcrest New Castle Elementary School 57 Holland Holland Elementary School 58 Homestead Providence Presbyterian Church 59 Hunt Princess Anne Recreation Center 60 Independence Water's Edge Church 61 Indian Lakes Indian Lakes Elementary School 62 Indian River San Lorenzo Spiritual Center 63 Kings Grant St. Nicholas Catholic Church 64 Kingston King's Grant Presbyterian Church 65 Lake Christopher New Covenant Presbyterian Church 66 Lake Joyce Morning Star Baptist Church 67 Lake Smith Bayside Church of Christ 68 Landstown Landstown Community Church 69 Larkspur St. Andrews United Methodist Church 70 Lexington Larkspur Middle School 71 Linkhorn Virginia Beach Community Chapel 72 Little Neck Lynnhaven United Methodist Church 73 London Bridge London Bridge Baptist Church 74 Lynnhaven Cape Henry Church 75 Magic Hollow Virginia Beach Moose Family Center 76 Malibu Malibu Elementary School 77 Manor Providence Elementary School 78 Mt. Trashmore Windsor Woods Elementary School 79 Newtown Good Samaritan Episcopal Church 80 North Beach Galilee Episcopal Church 81 North Landing Hope Haven 82 Ocean Lakes Ocean Lakes Elementary School 83 Ocean Park Bayside Community Recreation Center 84 Oceana The Gathering at Scott Memorial United 85 Methodist Church 86 Old Donation Calvary Baptist Church 87 Pembroke Pembroke Elementary School 88 Pinewood Lynnhaven Presbyterian Church 89 Plaza Lynnhaven Elementary School 90 Pleasant Hall Emmanuel Episcopal Church 91 Point O'View Kempsville Church of Christ 92 Red Wing Fraternal Order of Police, Lodge #8 93 Seatack Elementary 94 Rock Lake Salem Elementary School 95 Rosemont Forest Rosemont Forest Elementary School 96 Roundhill Salem High School 97 Rudee Virginia Beach Volunteer Rescue Squad 98 Building 99 Salem Woods Parkway Elementary School 100 Sandbridge Tabernacle United Methodist Church 101 Seatack Mount Olive Baptist Church 102 Shannon Church of the Ascension 103 Shelburne Christopher Farms Elementary School 104 Shell Unity Church of Tidewater 105 Shelton Park Shelton Park Elementary 106 Sherry Park St. Matthews Catholic Church 107 Sigma Red Mill Elementary School 108 South Beach Contemporary Art Center of Virginia 109 Stratford Chase Community United Methodist Church 110 Strawbridge Strawbridge Elementary School 111 Tallwood Tallwood Elementary School 112 Thalia Thalia Elementary School 113 Thoroughgood Independence Middle School 114 Timberlake White Oaks Elementary School 115 Trantwood Church of the Holy Family 116 Trantwood Elementary 117 Upton Three Oaks Elementary School 118 Village Thalia Lynn Baptist Church 119 Windsor Oaks Windsor Oaks Elementary School 120 Witchduck Bayside Presbyterian Church 121 Wolfsnare Virginia Beach Christian Life Center 122 Central Absentee Voter Agriculture/Voter Registrar Building 123 Precinct Adopted by the City Council of the City of Virginia Beach, Virginia, on this4thday of September 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Voter Registrar "14 br ey's Office CA14511 R-1 August 13, 2018 Polling location changes 1 . Red Wing Precinct Croat.m Ci itari Wood, Lan din d Ft ate nalOrder,of,P,olice 030 Red VI:/ria Eltrdr1,-,k L.,k, 030 From Fraternal Order of Police to Seatack Elementary School 2. Trantwood Precinct • Woodhur N^c Pee Neck r1? Laurel Cove Chig otthetloty Fami `�� 00• Tran • �:F,.�er _ * rWI Trantwood x Shores lrant Lake 1, L 4 �R $ eeew •: anpl"— e6=s+`+, a s Iy"rr,,ry. '`r+rte, tr et`;* B 4 . Great - iiii E ay, w 4 $3:: Neck ' ," 'e_$ Colonial Oaks Farm •re 7raets Point Trant - �cs� Berkshire c `{•r( Lynnha se t',k .. Middle heol F j 009 71fi,, .:lid,.`r r" Rrrr:e;;Anne TrantwaW Southern tmorbl Park L.nnhaven ,'` C^r't'" Elementary Points WAVE Church Eh Of dot„n Lr .n."ynr�v,.eu.fie - - School North 048 Woitsn are Great N:ck li * Great Neck Forest Park moi Dr f Pines R W Ilin ton ^ 'I'g,, 4_e W..ds North `"r .7r' Southern . Z' Points ci L” �, tit rs a's'N:D r 048 _ n v- Robinhood , Forest - ri • - - Great Neck - 2. Meadows rrt Lynnhaven Wellington Woods Acres I'L,. -^. Woltsnare Plantation From Church of the Holy Family to Trantwood Elementary School 29 Item -VII-J.2c ORDINANCES/RESOLUTIONS ITEM#68476 The following registered to speak: Barbara Messner, P.O. Box 514, spoke in OPPOSITION Upon motion by Councilman Uhrin, seconded by Councilman Moss, City Council ADOPTED Ordinance to AMEND the City Code: c. Section 21-230 re designation of Mediterranean Avenue between Virginia Beach Boulevard and Norfolk Avenue to the Traffic Calming Ordinance Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, and Vice Mayor James L. Wood Council Members Absent: Robert M. Dyer Rosemary Wilson September 4, 2018 1 AN ORDINANCE TO AMEND SECTION 21-230 2 OF THE CITY CODE PERTAINING TO 3 TRAFFIC CALMING 4 5 SECTION AMENDED: § 21-230 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 21-230 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 21-230. Traffic calming via maximum speed limits in certain residential 15 districts; penalty. 16 17 Pursuant to § 46.2-878.2 of the Code of Virginia, any person who operates a motor 18 vehicle in excess of the maximum speed limit established for any portion of the following 19 highways located within the designated neighborhoods, on or after the effective date, 20 shall be guilty of a traffic infraction punishable by a prepayable fine of two hundred dollars 21 ($200.00), in addition to other penalties provided by law. No portion of the fine shall be 22 suspended unless the court orders twenty (20) hours of community service. 23 (1) L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie 24 Avenue. 25 (2) Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, 26 Alton Road; Old Kempsville Road. 27 (3) Lake Shores: Jack Frost Road; Lake Shores Road. 28 (4) Little Neck: Harris Road. 29 (5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; 30 Meredith Road, School Road, Mosby Road, Frizzel Drive; Finn Road; 31 Charla Lee Lane; Smith Farm Road. 32 (6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. 33 (7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake 34 Road; Rampart Avenue; Bayville Road; Lookout Road; Sandy Bay Drive. 35 (8) Country Haven: Stewart Drive. 36 (9) Fairfield: Lord Dunmore Drive. 37 (10) Bellamy Manor: Homestead Drive. 38 (11) Church Point: Church Point Road; Church Point Place; Timber Ridge Drive. 39 (12) Stratford Chase: Stratford Chase Drive; Minden Road; Violet Bank; Kittery 40 Drive. 41 (13) Bayville Park: Greenwell Road (From Shore Drive to First Court Road). 42 (14) Milburn Manor: Davis Street. 43 (15) Lake James: Lake James Drive. 44 (16) Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd. 45 46 Effective as of April 6, 2004: 47 (1) Croatan: Croatan Road. 48 (2) Birdneck Point: Cardinal Road. 49 50 Effective as of April 5, 2005: 51 (1) Thoroughgood: Thoroughgood Drive. 52 (2) Hermitage Road. 53 54 Effective as of September 12, 2006: 55 (1) Kings Grant: Oxford Drive. 56 57 Effective as of January 27, 2009: 58 (1) Baycliff: Baycliff Drive between Mill Dam Road and Stephens Road. 59 (2) Lakeview Park: Cullen Road between Shell Road and Lakeside Road. 60 61 Effective as of August 10, 2010: 62 (1) Bellamy Plantation: Grey Friars Chase between Lynnhaven Parkway and 63 the 1900 block of Grey Friars Chase, 64 65 Effective as of September 5, 2018: 66 (1) Mediterranean Avenue between Virginia Beach Boulevard and Norfolk 67 Avenue. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 4th day of September , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department City Attorney's Office APPROVER AS TO CONTENT: Aga // Public�!•;'ks CA14561 R-1 August 23, 2018 30 Item -VII-J.3 ORDINANCES/RESOLUTIONS ITEM#68477 Upon motion by Vice Mayor Wood, seconded by Council Lady Abbott, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date to satisfy conditions re closing a portion of Euclid Road adjacent to 5073 Virginia Beach Boulevard Voting: 7-0 Council Members Voting Aye: Jessica P. Abbott, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, and Vice Mayor James L. Wood Council Members Absent: M Benjamin Davenport Robert M Dyer Rosemary Wilson September 4, 2018 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF EUCLID 4 ROAD ADJACENT TO 5073 VIRGINIA BEACH 5 BOULEVARD 6 7 WHEREAS, on September 5, 2017, City Council acted upon the application of 8 5073 Virginia Beach Blvd., L.L.C., a Virginia limited liability company (the "Applicant"), 9 for the closure of a 5,878.3 sq. ft. portion of Euclid Road (formerly Broad Creek Road) 10 (the "Right-of-Way"); 11 12 WHEREAS, City Council approved (by Ordinance ORD-3517C) the closure of 13 the aforesaid Right-of-Way subject to certain conditions being met on or before 14 September 4, 2018; and 15 16 WHEREAS, on August 3, 2018, the Applicant requested a six-month extension of 17 time to satisfy the conditions attached to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance 23 adopted on September 5, 2017 (ORD-3517C), upon application of 5073 Virginia Beach 24 Blvd., L.L.C., is extended to March 4, 2019. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on this 27 4th day of September , 2018. GPIN: Right-of-way/ no GPIN assigned Adjacent to GPIN: 1467-85-8567 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: kia4. ga• Mk/414 City Attorney Planning D=•artment CA14409 \•bgov.comDFS IApplicazions`.CityLawProdLcycom32Wpdocs\D015 P02700392120 DOC R-1 August 23, 2018 • 1 CLIME MAYS ARC LE7 M, CHORD LAM CHM MAIM C1 2O.00' 22.61' 21.26' _ N .JQ'27V' W , Dam NW Ti11P,WIT 6472140' 12.55' gttb.. tie* 411c:4110. ii,_ *qt.), !I Act,A 44 4% dirilb .1i 1. S omen'( ` - Mar S cows'E �' � �Ex ,z 2�' S 6�'.�i'1 t'E Ex . E r i51 '' ', Dc sou V,411 4 1 0 , ikibp Mf RIOi'9RrDID NAY SR a'a l.BS AC) o Q N. / r , ,�, POIPE7t pc.� ,z � e , .. ' # OOP 011% t.. . .411 soca 1 EX 48.Cliel 44. di if\Ir.*,. t. . ir.tror LINK max 0Ipr Ja COW WILLY GIBER /oi "w t/Jl� 1-4-14 �. % .. ,oki.,.........., 4.,. .6... ...f..1.1CIAPiE. ` 4 4Ex iz• RCP- ' V�'tj, ` ,,` 41317, 4 ,--, \.4 i'.. w•ed^Ex MRS t- Ir \ 723 ;Et, � ; TRf t bifat 1 ,-sr+FR • 41 \\� 3 D!ASPHALT PAVEYD1T 1 ‘ k TREE r 1 AM i 1 1 1 1 STREET CLOSURE E1T CO 5.878.8 S W®RE FEET I ROAD f. VIRGINIABRACH, VIRGINIA r--1•�.� c : = SO' Cid l . U.C.FEBRUARY 27, 201.7 `2ffi)e1i� i�8 ja3 !l Yl�I<` .. VS-17.1.- ads P.872e91t z&7z E-681 lit=815-0130 31 Item -VII-J.4 ORDINANCES/RESOLUTIONS ITEM#68478 Upon motion by Vice Mayor Wood, seconded by Council Lady Abbott, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) Easement from Robert W. White, Jr. et al. (113.07+/-acres)at the 3600 Block of Charity Neck Road and 1700 Block of Pleasant Ridge Road Voting: 6-1 Council Members Voting Aye: Jessica P. Abbott, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, and Vice Mayor James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: M Benjamin Davenport Robert M. Dyer Rosemary Wilson September 4, 2018 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION OF 2 AN AGRICULTURAL LAND PRESERVATION EASEMENT 3 FROM ROBERT W. WHITE, JR., ET AL. (113.07+/-ACRES), 4 2) THE ISSUANCE BY THE CITY OF ITS CONTRACT 5 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 6 $1,036,132, AND 3)TRANSFER OF FUNDS TO PURCHASE 7 U.S. TREASURY STRIPS 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 14 the City Attorney's Office)for the acquisition of the Development Rights (as defined in the 15 Installment Purchase Agreement) on certain property located in the City and more fully 16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 17 $1,036,132; and 18 19 WHEREAS, the aforesaid Development Rights shall be acquired through the 20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 21 compliance with, the requirements of the Ordinance; and 22 23 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 24 purchase as evidenced by the Installment Purchase Agreement. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. The City Council hereby determines and finds that the proposed terms and 30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 31 Agreement, including the purchase price and manner of payment, are fair and reasonable 32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 33 is hereby authorized to approve, upon or before the execution and delivery of the 34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 35 balance of the purchase price set forth hereinabove as the greater of 2.88% per annum or 36 the per annum rate which is equal to the yield on United States Treasury STRIPS 37 purchased by the City to fund such unpaid principal balance; provided, however, that such 38 rate of interest shall not exceed 4.88% unless the approval of the City Council by resolution 39 duly adopted is first obtained. 40 41 2. The City Council hereby further determines that funding is available for the 42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 43 the terms and conditions set forth therein. 44 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter 59 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 60 the indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $484,909.77 from the 63 Agricultural Reserve Program Special Revenue Fund (161) to the General Debt Fund 64 (302), and the City Manager is empowered to transfer sufficient additional funds or return 65 funds not required, within the dollar limits provided by the Annual Appropriation Ordinance, 66 to purchase the United States Treasury STRIPS as described in the Installment Purchase 67 Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City 70 Council. 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on this 4th day of 73 September , 2018. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Agriculture Department Bud6et and Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FUNDS: e IA AV-4 2/(j Director of Finance City Attorney's Office CA13202 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\D011\P015\00049813.DOC R-1 August 22, 2018 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2018-157 SUMMARY OF TERMS SELLER: Robert W. White,Jr., Kimberly S. White,Kathryn L. White, Kylie S. Driver, Kaitlin E. White and Kolby M. White PROPERTY LOCATION: 3600 block of Charity Neck Road (GPIN: 2412-62-1172) and 1700 block of Pleasant Ridge Road(GP1Ns: 2412-50-0677 and 2412-52-0194) PURCHASE PRICE: $1,036,132 EASEMENT AREA: 113.07 acres, more or less DEVELOPMENT POTENTIAL: 11 single-family dwelling sites (2 reserved by Seller) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 2.88% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 4.88%without approval of City Council. TERMS: Interest only,twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate Settlement Transfer) for one(1)year following execution and delivery of the IPA. 4— z fd ; 1g peon )4, ., Q •' - A 2 ,. ,, ,, ,.., .1..4..m..,,,,,.._ .____ ri tNVDC44 4.44 0 iZ ‘,..,.. 4. 0 - 5 su tn Ir urn ra a } p N O co Qix- in NN .N-4 CA N N a0 VCL ce ;. 0 < _ .„, i _._. ,.t1:Vvitl,, '' 410* r Q 32 Item -VII-J.5 ORDINANCES/RESOLUTIONS ITEM#68479 Upon motion by Vice Mayor Wood, seconded by Council Lady Abbott, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Croatan Beach at the rear of 536 South Atlantic Avenue re construct and maintain timber beach access BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Croatan Beach at the rear of 536 South Atlantic Avenue re construct and maintain timber beach access (GPIN 2427305328)DISTRICT 6—BEACH 1. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "Exhibit A: Encroachment Request For Beach Access and Observation Deck for Dennis M. and Kelly T. Lynch Lots 11 and 23, Block 26 Croatan Beach (MB. 37, PG. 11) BEACH DISTRICT"dated February 8, 2018, and prepared by Waterfront Consulting, Inc., a copy of which is attached to the Ordinance as Exhibit A and to which reference is made for a more particular description. 2. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees,from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. September 4, 2018 33 Item -VI-J.5 ORDINANCES/RESOLUTIONS ITEM#68479 (Continued) 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 7. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 8. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 9. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. September 4, 2018 34 Item -VI-J.5 ORDINANCES/RESOLUTIONS ITEM#68479 (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 4th day of September, Two Thousand Eighteen. Voting: 7-0 Council Members Voting Aye: Jessica P. Abbott, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, and Vice Mayor James L. Wood Council Members Absent: M. Benjamin Davenport Robert M. Dyer Rosemary Wilson September 4, 2018 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF CITY PROPERTY KNOWN AS 6 CROATAN BEACH AT THE REAR OF 536 7 SOUTH ATLANTIC AVENUE 8 9 WHEREAS, Dennis Michael Lynch and Kelly Taylor Lynch, husband and 10 wife, desire to install, construct, erect and maintain a 4' X 77' timber beach access at 3' 11 above grade and a 6' x 10' observation deck at 4' above grade into a portion of the City's 12 property known as Croatan Beach; and 13 14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 15 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 16 the City's property subject to such terms and conditions as Council may prescribe. 17 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Dennis Michael Lynch and 23 Kelly Taylor Lynch, their heirs, assigns and successors in title are authorized install, 24 construct, erect and maintain a 4' X 77' timber beach access at 3' above grade and a 6' 25 x 10' observation deck at 4' above grade into a portion of the City's property known as 26 Croatan Beach as shown on the map entitled: "EXHIBIT A: ENCROACHMENT 27 REQUEST FOR BEACH ACCESS AND OBSERVATION DECK FOR DENNIS M. AND 28 KELLY T. LYNCH LOTS 11 AND 23, BLOCK 26 CROATAN BEACH (M.B. 37, PG. 11) 29 BEACH DISTRICT," dated February 8, 2018, and prepared by Waterfront Consulting, 30 Inc., a copy of which is attached hereto as Exhibit A, and on file in the Department of 31 Public Works and to which reference is made for a more particular description; 32 33 BE IT FURTHER ORDAINED, that the temporary encroachments are 34 expressly subject to those terms, conditions and criteria contained in the agreement 35 between the City of Virginia Beach and Dennis Michael Lynch and Kelly Taylor Lynch (the 36 "Agreement"), an unexecuted copy of which has been presented to the Council in its 37 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court 38 of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 1 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 43 such time as Dennis Michael Lynch and Kelly Taylor Lynch and the City Manager or his 44 authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 t h day of September 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: ill44/1 BLIC ORKS, REAL ESTATE DA A . ARMEYER SENIOR CITY ATTORNEY \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d013\p031\00496132.docx CA14218 R-1 Prepared: 8/20/18 2 THIS PLAN IS BASED ON THE NAVD teas THE SITE ELEVATIONS WERE ESTABLISHED VIA RTK GPS ON THE `? REF; MB 37 PG 11 CARON NET REFERENCE NETVVORK. ATLANTIC OCEAN OCEAN AVENUE (MB. 1, PG. 23) ��_ � --,4 (UNIMPROVED — V/W) DUNE TOE -- 'v 11111 10' PROPOSED --6 4'x 77'BEACH ACCESS AT 3'ABOVE GRADE 5_--8-10 AND _— -- __1114 DUNE CREST 6'x 10'OBSERVATION DECK AT 4'ABOVE GRADE - 18 _I —16 �,Q►S'T/1 Op D 5T r ciIII *a--- 14 Lip DUNE EREOE�� — 8' O ...___) ►n.", DUNE I. b 6.0' 12 = v GREGORY 0.MILSTEAD " L S -'14'15" E 50 ic. No.047323 it ("IP (16 Ai I I 20' B/ST �ice'91ONAL v' \11--- 1 I SITE DATA: �, 1. The subdivision plat for this property was Irecorded in MAP BOOK 37,PAGE 11. 24 , 23 1 22 2. Instrument No.20171106000954880 of I(A 'Si I r 3. GPIN:242740-5328 w, 1- 4. Zoning:R-10 Residential In I l-\ 4o N--- EXHIBIT A. ENCROACHMENT REQUEST to co I FOR BEACH ACCESS AND OBSERVATION DECK m L17 zea � �a for DENNIS M. and KELLY T. LYNCH LOTS 11 and 23, BLOCK 26 12 11 10 CROATAN BEACH (M.B. 37,PG. 11) BEACH DISTRICT DATE: FEBRUARY 8, 2018 ' I SHEET 1 OF 3 I I 0 40' 80' 30' B/S I I 1 1"=40' , I ! / . 71 WATERFRONT C CONSULTING,INC. N 4'14'15" W 50' 2589 QUALITY COURT,STE 323 S ATLANTIC AVENUE (MB. 37, PG. 11) VIRGINIA BEACH,VA 23454 PH/FAX:(757)425-8244,CELL:(767)819-7302 (FORMERLY CHAUTAUQUA AVENUE) ENGINEERING SERVICES PROVIDED BY: CHESAPEAKE BAY SITE SOLUTIONS,INC. P.O.BOX 6663 VIRGINIA BEACH,VA 23466 ©2018 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED. PHONE:(757)575-3715 10 in ii °,, A. CZ oho � � JY igM Z W H 0 •m m } N b' � to 2C° Jm du. " In 2 J uj O co 0 W o Wt) cWW N 00 _ VN • � mH — W NNQV I - Z p LIm -' a cc) TLn VWo6 3.2' = V Q o O / - 0 n m W 00 tr CO 0 1 o 4~ 9* el f4/ et) elJ o No 0 m o o a ' "1 EA o6 e4 A z � ' o U f- — in pigh, c7 O4 w o w Oa 44 Zvi c O _._.1 � ° m = e N F — - _ N 2I- co pi, N F- W E0 = W rt et EI, - 11J co Wxi 2 t� N E U b OA - J O J • N • Q 0 cri in hr 3 Z P L•L er ,,. 0 j! i Z 1 W F � mWOHU z z v) � O � - o Qz1- - < 0J � - II W o o U2v) Pwaw z i- -' J u-L• H o O W 1 u- V °° O t = U cn 00 a °0omamw °v � Z - V) OzZWwpz u gO r I; 0 ZWrt0000I._ a N ' o ,n O `n 0 � dQ � OY = Go N .- '- � JWJ5W N LI < I < > 05 O cn U 2 O N ❑ N ry MO Z Sao x 0C d_iw � a1 - V tO d>- Nt -_J `Zco W < ZN alY ■�� -I e � z Z W •• U •• ct 11.0.11111111= -co - � Wm } O SIn• WM m vIL � �I = 0 ..1-1 0 11= cn UG a. WN = I- O L1 Q Z o H il ll: CA = 0 < c < CIw 1 L.,._ Q to W N �_� � ZW rd' � ZV :----- its Ilii c� w iw W V y N Q rt LIJ -- tio QQ 1— i''' auto i• Z -� O o Z CO V W ZO w a cr CO'SI cn K ...< U Q (n CYw x� F- W CO W 0V ~ N n z 0 CO a o0� W � Z= 0 AT 1�, U^ Qo w . I / l z cc, 1A 3 x . . N QW / ! / 4I Ci, 2W W O / / N 0 I_ o a Wap / / I x � 1= Zo Q n� o a o 0 / / / cv U _I' I= O Z '� > CL N / / / I I Q U P J , �4 w / / / Ir a ci w w tit Ld I1 J z . 'p (-9 4404 W 09 J z I I l: •. ' i C + m _ o I II I. -1 zQ 1 11I 11= 00 Dui El� Z a Q 1 ( 1, II- w b Ci = c� I 1 1 Ell w2w Z � � -1 III o � � z N0 I I I+ IIS ova W z 0 ce 'c z W0 0 0 Z e c U co Z Lu Z m 0 Z0 4 � 2N < I- u_ w ccUz w I3 CO W ❑ I-- Y a) I- ZWU C o Z � 2 ❑ 0 Encroachment Request Applicant: Dennis Michael Lynch and Kelly Taylor Lynch Rear of 536 South Atlantic Avenue -..ss .yr.- Y - __ ... ——r> !'_ Virliftgbirilin 11711�,1':I `tti1' ly tlWili11l/ NIIIIIV, lir j 1111111111111111111111141Illf (!! - w - -- up - , ■mow, a■ ■■ U.ai_e ..--__ iU N ‘,:=-,v4„.,--.7,_" • ,r-. 4 C .� af,. � J4♦;` M } '. +•� . ! is c _- vvim� ,[ {�r _ z".e-,. .,.J , 4'trtu a' J7S 'F ! ori - .....34404 L i E :x . ._ == Encroachment Request Applicant: Dennis Michael Lynch and Kelly Taylor Lynch Rear of 536 South Atlantic Avenue ate-- _mss.+ . _ v �' r d, • ____.�._.r _ __JJ , _I I ,_ -. !, ii riii ri srillIT' a 1.1441°— 41— , A ` -= ‘. z. i3`4 to f ,. s i + t{ * ' _� :' _ , s o- ter' , \' adAt ",R t \ _ '\ A5. w-.cscv4nv s.L - - , N t __--- YX�YYXS{ t L 0 Z Y O m A c , 10111111111111111111 1 11 *it tone III Eft \ Y LOCATION MAP o 1' 1 ENCROACHMENT REQUEST �- . cn ` FOR -Fc DENNIS M.LYNCH AND KELLY T.LYNCH Legend • �f 536 S.ATLANTIC AVENUE o 2427-30-5328 1-• ` GPIN:2427-305328 i City Propertes 11 _ Feet 11 '1-- - 0 50 100 200 15rapnd by PW/Eng!Eng_Sup reeu 5 L[g04 CCADOtWrgectsVWC Files,GENGAMAPS\South Afl.Mc Ave\242'.3053_9441/-30-5178 r5ucd PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 2/ day of AU3U5f , 201 ? , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DENNIS MICHAEL LYNCH and KELLY TAYLOR LYNCH, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lots 11 and 23, Block 26, as shown on that certain plat entitled: "RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO, VA", dated June, 1954 and prepared by C. A. Bamforth, CLS, and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, at page 11 , and being further designated, known, and described as 536 South Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to install, construct, erect and maintain a 4' x 77' timber beach access at 3' above grade and a 6' x 10' observation deck at 4' above grade, collectively the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Croatan GPIN: (CITY RIGHT OF WAY— NO GPIN REQUIRED OR ASSIGNED) GPIN: 2427-30-5328 (536 South Atlantic Avenue) Beach the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A: ENCROACHMENT REQUEST FOR BEACH ACCESS AND OBSERVATION DECK FOR DENNIS M. AND KELLY T. LYNCH LOTS 11 AND 23, BLOCK 26 CROATAN BEACH (M.B. 37, PG. 11) BEACH DISTRICT," dated February 8, 2018, and prepared by Waterfront Consulting, Inc., a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, DENNIS MICHAEL LYNCH and KELLY TAYLOR LYNCH, husband and wife, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 201_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: 5 My Commission Expires: By DENNIS MIC AEL LYNCH, Owner By - '/ /tag E44/ 11 KEL � A O'' L N./ , Owner STATE OF nJ - -CIT'(/COUNTY OF /// Vu`(1,Q. , to-wit: The foregoing instrument was acknowledged before me this c .I Sr day of , 201L, by Dennis Michael Lynch and Kelly Taylor Lynch. APRIL K.SHUMATE `/ Notary Public • Commonwealth of Virginia , fr (SEAL) 7092733 4 My Commission(Fxpires Jul 31,2019 ` Notary Public Notary Registration Number: 7{-"a73 3 My Commission Expires: 07/311 (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM �r -AT �� � _ A YER, SENIOR CITY ATTORNEY 8/015))5. DATE PUBLIC WORKS /REAL ESTATE DEPARTMENT / DIVISION 7 THIS PLAN IS BASED ON THE NAVD 1889 --------- ....„ +"Qall THE SITE ELEVATIONS WERE --—.2 ESTABLISHED VIA RTK GPS ON THE �R• 37, PC, 1 CARON NET REFERENCE NETWORK. ATLANTIC OCEAN OCEAN AVENUE (MB. 1, PG. 23) �4 (UNIMPROVED — V/W) 10' DUNE TOE ----__ 'ir iii, PROPOSED — 5. -6 4'x 77'BEACH ACCESS AT 3'ABOVE GRADE c_ 8 AND —12 t0 DUNE CREST - 114 6'x 10'OBSERVATION DECK AT 4'ABOVE GRADE — =_1 6 18 0 'TH of 6 CREST-- `_. _ 14j 4 DUNE TOE� � - 6 1+41)&7' .�.J 0- DUNE o 6.0' 1. 12---\___ - U GREGORY 0.MILSTEAD " S '14'15" E 50 Lic. No.047323 ,A5 14 Io 112 (0 Awl 44 20' B/S� �9'9I ONAL ' N2-\....I I SITE DATA: I I 1. The subdivision plat for this property was recorded in MAP BOOK 37,PAGE 11. 24 I 231 22 0 I I 2. Instrument No.20171106000954880 N( l u' 3. GPIN:2427.30-5328 U.1 I IGI 4. Zoning:R-10 Residential I I t( N r EXHIBIT A: ENCROACHMENT REQUEST co m m ;N ZFOR BEACH ACCESS AND OBSERVATION DECK o 1� for DENNIS M. and KELLY T. LYNCH LOTS 11 and 23, BLOCK 26 12 11 10 CROATAN BEACH (M.B. 37,PG. 11) BEACH DISTRICT DATE: FEBRUARY 8, 2018 SHEET 1 OF 3 L — —J I 0 40' 80' 30' B/S r{ IIIIIMEIMM I I I I 1"=40' WATERFRONT C L CONSULTING,INC. N4'14'15" W 50' / � 9 QUALITY COURT,STE S ATLANTIC AVENUE (MB. 37, PG. 11) 2JVRGNIA EACH,A2345423 PH/FAX:(757)425-8244,CELL:(757)619-7302 (FORMERLY CHAUTAUQUA AVENUE) ENGINEERING SERVICES PROVIDED BY: CHESAPEAKE BAY SITE SOLUTIONS,INC. OC 2018 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED. P.O.BOX 6663 VIRGINIA BEACH,VA 23456 PHONE:(767)575-3715 .c 0 rn m W co vi ; H p ^ oo `� oo W Z N I e I � � _ � OD o ?T WQ ZN � � QO J _ _ s n > 1` Q WUJ N F- O mm o to Lit 42 � J � W �,, � � = p Jm V� aL 00 &- Wei W ° coo aZ oYeV = p 0 < -0 GQaW 06i,/,r V . eco ea W y _ o Z W 1- m H co ILI V 10 t _ -.1 p o mV a 5VI . II s -_, o m V Q W o O m cd tr) ti4 2 y. lilli, Ni- w csi 8 -- a I LO . et Z° 0 m a O § : J euiI_ J�,__. ._ _ �Mo 04� o 0 !OD 44 w N w ci z � � U iT 0 tri N g2 }-- co Lcue I- WW FG =gI� 0 Z XCO C.) jj Ce N a N I- -j I O JN Q O W W Z W ix � I W _ogmwowU z 1Liit Q Z F- W N I _ 0 c O m O J Z O W O d J b " It blI' ~ � 2 � o Z W I NNW O G s_ _ LL 5bo01- = w U ZZ is ��._ . In O ti W Q. mOOQWu O 0 m m W C4 =' Z d NI- QWWOz � W ~ — W lit j 0 Z W ° QQ O O H a 0 O c mJWitIOZCO N , d 0 = = m .zi i s0 I u_ 7-1 Q i Q 0 © Y CLI 03 0 0 ~ fa N o N Tt cU MO 2 ;:- c x 0£ ti w 6 a H u d } 't _Jw00 w Q Z N a4 fi ,III � a_ . � � JY M .s. . z I- 11111113 `2 WN IC) 0° m lI = O Jm two o V 0 .. W M O = F r,14.4. = en III: v) = OQ � ac40w cn X C = r� D < ZW � Tm � w ,- 0 ri lj� z = o Q11.1 V ZI- HF�- �- Q }" w' Iwo H =03 0 W000 Z3 re 0 0 LA_ <Z = Q 0 V V O12 N Lid w0 CCcwn � � � W m W N. CnUQo o � 0 ri w 0 I Y . 4 QV^ Q ' ALL' Q CN / / J O x / / 1 • • ,I, � 1�10 ��� Po I� <4.'%' Nf c,4>< rj ' 4 � � 4 >V) 1 1 l GSI k, Crl CN �1.- iii WO i 1 i NQ 1 0 Tr A LjO 1 1 / ' xcr I_�I Z Q = J>. c 14 C � z Cr / N 0 =1' o ado 13 ce Li 1 1 / ' IMI c � v� c' J3 X02 Iii LA., I 11 IIF w w 0 LD p4 w Q •• • Ti1 -'ri wooIlArp 44 0 I I, 00 1 I I� _� cow - vi _, z < 1 I 1, �I OZ a i CD i t ti II- ~ W b 0 Z ( I I, F�1 - W1- Ci) z tD Y I I I 11= x0 —1 �' F11 0 - u z N o i I` II� d a W I,�' << 0 00 > i W0 0 c o O m Z W Z a 12 Qpo } a g N Q H u. Ct w 7Uz W 3 CO LIJ0I— Y m F-- ZWU W o Csi0 Z 2 2 C) O 35 Item -VI-J.6 ORDINANCES/RESOLUTIONS ITEM#68480 The following registered to speak: Barbara Messner, P.O. Box 514, spoke in OPPOSITION Upon motion by Councilman Uhrin, seconded by Vice Mayor Wood, City Council ADOPTED Ordinance to ESTABLISH Capital Improvement Program (CIP) re EMS Headquarters Audio Visual Upgrades and TRANSFER$250,000 from the Housing Resource Center CIP(Deferred from August 21, 2018) Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, and Vice Mayor James L. Wood Council Members Absent: M. Benjamin Davenport Robert M. Dyer Rosemary Wilson September 4, 2018 1 AN ORDINANCE TO ESTABLISH CAPTIAL PROJECT 3-163, 2 EMS HEADQUARTERS AUDIO VISUAL UPGRADES, AND 3 TO TRANSFER FUNDS FROM CIP 3-503, HOUSING 4 RESOURCE CENTER, TO CIP 3-163 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1 . Capital Project 3-163, EMS Headquarters Audio Visual Upgrades, is hereby 10 established in the Capital Improvement Program; and 11 12 2. $250,000 is hereby transferred from CIP 3-503, Housing Resource Center, to 13 CIP 3-163, EMS Headquarters Audio Visual Upgrades. Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of September 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: . ) ` Q , Budget and Management Services Cit orrey's Office CA14506 R-1 August 7, 2018 36 Item -VII-J.7 ORDINANCES/RESOLUTIONS ITEM#68481 The following registered to speak: Barbara Messner, P.O. Box 514, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council ADOPTED Ordinance to TRANSFER $167,166 from the Housing Resource Center CIP to the Various Buildings Rehabilitation and Renewal IV CIP re electrical upgrades to the Farmers Market(Deferred from August 21, 2018) Voting.• 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, and Vice Mayor James L. Wood Council Members Absent: Robert M. Dyer Rosemary Wilson September 4, 2018 1 AN ORDINANCE TO TRANSFER FUNDS FROM CIP 3-503 2 HOUSING RESOURCE CENTER TO CIP 3-149 VARIOUS 3 BUILDINGS REHABILITATION AND RENEWAL IV FOR 4 ELECTRICAL UPGRADES TO THE FARMER'S MARKET 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $167,166 is hereby transferred from CIP 3-503 Housing Resource Center to CIP 10 3-149 Various Buildings Rehabilitation and Renewal IV to allow for electrical upgrades to 11 be completed at the Farmer's Market. Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of September 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services C' o •ey s Office CA14505 R-1 August 6, 2018 37 Item -VII-J.8 ORDINANCES/RESOLUTIONS ITEM#68482 Upon motion by Vice Mayor Wood, seconded by Council Lady Abbott, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE additional $12,460 Grant Funds re Victim Witness Program in the Commonwealth Attorney's Office Voting: 7-0 Council Members Voting Aye: Jessica P. Abbott, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, and Vice Mayor James L. Wood Council Members Absent: M. Benjamin Davenport Robert M. Dyer Rosemary Wilson September 4, 2018 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 ADDITIONAL GRANT FUNDS FOR THE VICTIM WITNESS 3 PROGRAM IN THE COMMONWEALTH ATTORNEY'S 4 OFFICE 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 9 That $12,460 from the FY 2018-19 Victim Witness Assistance Grant is hereby 10 accepted and appropriated, with estimated state and federal revenues increased 11 accordingly, to the Commonwealth Attorney's Office FY 2018-19 Operating Budget forthe 12 Victim Witness Program. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of September 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City-A-- ne '= 0 ice CA14514 R-1 August 22, 2018 38 Item -VII-J.9 ORDINANCES/RESOLUTIONS ITEM#68483 Upon motion by Vice Mayor Wood, seconded by Council Lady Abbott, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE$200,000 of Fund Balance from the Sheriff's Office Special Revenue Fund to the Sheriff's FY 2018-2019 Operating Budget re replacement of kitchen equipment Voting: 7-0 Council Members Voting Aye: Jessica P. Abbott, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, and Vice Mayor James L. Wood Council Members Absent: M. Benjamin Davenport Robert M. Dyer Rosemary Wilson September 4, 2018 1 AN ORDINANCE TO APPROPRIATE $200,000 OF 2 FUND BALANCE FROM THE SHERIFF'S OFFICE 3 SPECIAL REVENUE FUND TO THE SHERIFF'S 4 OFFICE FY 2018-19 OPERATING BUDGET FOR 5 REPLACEMENT OF KITCHEN EQUIPMENT 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA, THAT: 9 10 $200,000 of fund balance from the Sheriff's Office Special Revenue Fund is 11 hereby appropriated to the Sheriff's Office FY 2018-19 Operating Budget, with 12 estimated revenue increased accordingly, to be used for replacement of kitchen 13 equipment. Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of September 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: H Budget and Management Services , • 'rn_,6Office CA14515 R-1 August 22, 2018 39 ITEM VII-K. APPOINTMENTS ITEM#68484 The following registered to speak: Barbara Messner, P.O. Box 514, spoke in OPPOSITION to the Development Authority BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS—ELECTRICAL DIVISION COMMUNITY ORGANIZATION GRANT(COG)AND ALLOCATION REVIEW COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL PERSONNEL BOARD PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD September 4, 2018 40 ITEM VII-K. APPOINTMENTS ITEM#68485 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: GAYLE COLSON Unexpired term thru 12/31/18 Plus Three year term 1/1/19—12/31/21 COMMUNITY SERVICES BOARD Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, and Vice Mayor James L. Wood Council Members Absent: Robert M. Dyer Rosemary Wilson September 4, 2018 41 ITEM VII-K APPOINTMENTS ITEM#68486 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: ANN CRENSHAW 4 year term 10/1/18—9/30/2022 HOUSING ADVISORY BOARD Voting.• 8-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, and Vice Mayor James L. Wood Council Members Absent: Robert M. Dyer Rosemary Wilson September 4, 2018 42 ITEM VII-K APPOINTMENTS ITEM#68487 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: NANCY PARKER No Term OLD BEACH DESIGN REVIEW COMMITTEE Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, and Vice Mayor James L. Wood Council Members Absent: Robert M Dyer Rosemary Wilson September 4, 2018 43 ITEM VH-K. APPOINTMENTS ITEM#68488 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: KIRA WILLIAMS (Student Representative) Two year term 9/4/18—8/31/20 NEALY GIHAN THOMAS ZIMMERMAN Four year term 9/4/18—8/31/22 and REAPPOINTED: HELENA GOURDINE-THORPE MAMIE JOHNSON Four year term 9/1/18—8/31/22 PUBLIC LIBRARY BOARD Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, and Vice Mayor James L. Wood Council Members Absent: Robert M. Dyer Rosemary Wilson September 4, 2018 44 ITEM VII-K. APPOINTMENTS ITEM#68489 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: CHRISTOPHER L. BROWN ROBERT EWELL MYRON NAHRA Four year term 9/1/18—8/31/22 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, and Vice Mayor James L. Wood Council Members Absent: Robert M Dyer Rosemary Wilson September 4, 2018 45 ITEM VII-K. APPOINTMENTS ITEM#68490 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: STEPHEN BALLARD JAMES VAIL Five year term 10/1/18—9/30/23 WETLANDS BOARD Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, and Vice Mayor James L. Wood Council Members Absent: Robert M. Dyer Rosemary Wilson September 4, 2018 46 ADJOURNMENT ITEM#68491 Mayor Louis R.Jones, DECLARED the City Council Meeting ADJOURNED at 6:32 P.M. /i:// - .-lifts Chief Deputy City Clerk i Amanda Barnes, M C Louis R. Jones City Clerk Mayor City of Virginia Beach Virginia September 4, 2018 47 OPEN DIALOGUE The following registered to speak: Robert Gilbert, 713 15`"Street, Phone: 418-5937, did not respond Jeff Hawkins, 4801 Ziro Court, Phone: 536-0563, spoke regarding excessive noise in his neighborhood THE OPEN DIALOGUE CONCLUDED AT 6:34 PM. September 4, 2018