Loading...
HomeMy WebLinkAboutFEBRUARY 4, 2020 FORMAL SESSION MINUTES m Ct: x:: m2 \_,.. A2 ygkr���x8. Q��s 0�v OF p4,q .r.:�"- V VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 4, 2020 Mayor Robert M. Dyer called to order the CITY MANAGER'S BRIEFINGS in in the City Council Conference Room, Tuesday, February 4, 2020, at 1:00 P.M Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None 2 CITY MANAGER'S BRIEFINGS RESORT AREA STRATEGIC PLAN ITEM#70012 1:00P.M. Mayor Dyer welcomed Kathy Warren, Strategic Growth Area (SGA)Manager—Planning and Community Development. Ms. Warren expressed her appreciation to City Council for their continued support and distributed a copy of the presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Ms. Warren for the presentation. February 4, 2020 ter"'` 4 4,1{ t * s• • 1001001. ;. I s I* ! t . �. f = t -.� 0 ,of ` c _ $ �a ; _ ,, ,.. - # -4,-444-i-i. .4 ...,,, foil r , .4 A 0 --. ,. 4iiitt.e424 ;1- f-- g 4 k z faiitt # CU 1 "i it 2114146 IP- '.. ....,, PI* 44 ' 5t � AL - -..-' IIICIC '' CD * 1.4 lit 1111 1144 al) , a) . ,.. !‘..• 01 'i 111.‘fri --- E c,/ - MSIM al > ,, lic4 a -.: 2,,_, ,. ..cril:..,, cu 04:_, .1.4 .... cis] pa C u V 0-I' 41-4 : 14emoilia 44, 0 CZ >% C/Y- o al ci) icg ---- 4 )-4 . ,.� ; a) .� ,� ..�,.♦ CI a t ' , . x "I V � a) a) N co O C 0 a� a) - U) E '6 U) 'i a O . ° -c .— Cn � a) > Q 0 CD C °_ 0 I O) cD 2 cB OD CO v) c6 O) 0 Q 4— CD Q U -C CC U) 0 2 ') o Co xCD cB O s— (7) U z m 0) .- 0 L_ U 0Q co CD E - aj CL Q co (1) c O CO = •- CO N N U) 0_ > E Q _0 C L N (B Q a) 0 a) O O 0� N CD _O i CO Q � C E C6 U) " o 0E a) U U) U 0) O L_ CO C O L— E o c CD i 0 J 6 O > CD 4 L- ._ c E cD co 03 �O = c C Un Q CC __I .- CO u) O � O • • CCD M COC C 00 0) E E. "U QO +c6 -0 o- U I >' _D CD00 U E I CT O O N C u) L_ 0- a) E o w O 0 • • C.) >- O v, — O N ' cn u) • -9 Ull .- O O •U_n 0 = Q CJ U) Q Q > {CN �, -0 cri U CD = CD O o °' C >-, C aCD T3 a) D +-J 4--, m U . 0 > O = cn Cn w Q a_ > - a.) U • • • • • U Z N Y c� .110 Z F'.i I i 6 C a �2 1 IS �, IA ,oD Ice C E Q 1 uic ��.�p1. c� N400° a Z p o t�y 4 C V �"40 C C,,-- N00N07p 147 t0 ii Ka0 VII IL a, C0 g14 Y y coII E.._ ONO0 N NN�Iar Ob-Y \`J O y 0 4 1 o 13 -a:-,,,,,, it )11 L__ ..0„,, ., U It �.OHOl.7.-I -,7„,,., .-„,„-- • ?O 4 U t 3. rnCgC':Keaao� aN� 2�` 4)� n0J prod; 2 m yy W � Z� L^. 'C-D- I a > C U) a5' a p o I Co co L c co c 0 -0 (f) >` O co U CD - Q) 0) cc U a c C (6 cn >, i U C C — — O) a) a CD O c a_ co a C C > v 0 .c < a -2 < 2 c6 c U -E a- o < Q c i `� (n u�i > c6 0_ Q U) C 7 L U) c�j D E C ( E > a u) a O _O a) O CO ._ CO . N U O m _C 'J -> CO o U E3 — 12 _C Q 2 U Co r > >.. U a) u) OS (n > Q > O >_- Q C N _ 0 s C -0 J Q >- c _ fl - c (B ((i) O O >O co d>. t O O co a) E (n (v a) nn,, CC < 0 U > >- > (n U CC CO Y 0 W < �C —) nW W -1J _ E Q O m E 0 0 Q U (13 > 8 co i-� c cn O D 0) O a) 0_ Q C (6 O C c O 4, co O 0 0_Q C - U a) U p cn 0 c 0 co c O c a -.,0O ' co a) a) U - v U > •j U _ NU� C 03 pcc + U U U� U +, U) (a a) N— >Q CC) � Q2 m +J CEO Q U OO o � Q a0cj CO _ C Q � co _ P C U () c C > Q (n C a C •c a m N a O LD U � co O n C7 rn Q ui U > > CIL° O = _� (r) c = U) a c s _ (n c U 0) c < a c m CO co o a) C > (+° C -0 cn o O �- c n o c co Q = a m o m (6 c0 c, (J J ~ (13 C a) o o cm E -- = a) Co c� .� Q o) _0 m o C (a (6 C c6 0) c U d co +� 0 C7 cn co a a a >- U) �L O coN U) O a N CCU c �C CC i C� C� w (ten (n m U 0 w z sz r F— 0 .,III , `', D 1 CD O 1 €l� ,._ - N ACi T , ,,,,# ) Q a S' {q_- z i M S cr O N CC LL_ Aro n ' I CJD1.44- ;01..,„4 v a i � a r t . tea \ Q U (5 W z Q . E. .__ U >� pEa CC o d z H z �� O C� � Q — Z Q F- CC H < U co < a. Q 1 > w ' ,,,-,F U U U) ice• w O Q CC CC CO D o o 9-> '+ -° N c Co a) -c a) >- co - o (13 O U - N. CC 111111 O O E �O y' 0 = 0 Iti e - N = > 0 CC a _I ,- ,_ CO X CL 0 CD O 1 0 >, 0 ,j nn`` t • ' CO > /) U CO c c - U Cl) to l s�,a -1-' + co . - - O U .. c IY.LI W CD >CD J 0 -c E CD 0) e a -?`�, N O _0 CD W co ON 1 -,`,3j- Q U 0 �E . U N Q 73 Q N o N 0 t . Q CO > — C } U) Cl) U U C co U co 0 (n u 0 r `\4° !! --..` 3 (n F— — N C`') CO I\ CO -I—' 1 7 4, . .r Mai .k . O s ; _ - Al :" . go .: L ,,. .4 ,i: ) 'efa 4 ,g 414. 1 ok� # i OF ,•as WI4 a^ tlio Q f r V J 'I Q „ - _ - EC f O i O t " (NI ', :t _ i ,I II 0. 4 ,1- ••°- 7 ' o E •f• •.) E. E :-.; ... 1 *= ,.. < 5 \ , •, 0_p_ v., E' ' 0 .,- "'' ? ". •C .c-c.c E S2 m , C C • \ cs.)— • CV ‹coucituu.(.7=-). I c Tr, CC) c .c cu • ( ' . -0 E E E .2° 0. /„, 'A ‘''t' 'c-5 2 2 a.) 0= g.) a> ?',_ NI u CD • ,,,,,.. 5, .,- al {V f;) •. '0 0 15. i i i : f CN -0_ • s . , oi 0_, 5 z ce 0 r,. „,,,, g i,. T4 ri_ ;,, K O 0. ,....,.. 0. ,..,%- op-5 . \ 6 , '.E t ca -. ,, 5 -57,g:1'Ei if 1 4.2c, !: ' • .S4. \ . )-) 0 O g X ,,0,, 00 <1 , •., Y• ` •Y 0 oe u.CO-- ,, CDS 0 m .0 g 1,) 4, ti 0 ,T, ti,To ., - . ,. ry." , A \ E 0 `.1) 0 0 CL CN >.,C.)ID A Z >(..) • .., 0 > 0 E E 176 0 2 2 o ). . . , if'? 's . / '," .. 0 rt 4..........•i ° /-' \ l's. >. \ ... ....... 2,5 0..,, o„es \ t-*/ ,, .. ....... ... / il(f) ,/ ......--.. - '\ 4 * ' E Cf) •-s./ - .•-•°' ' 'I. \ .... ,....., \ s, g , Y" '..,, \ >•• • 1. E_ :C' L— lel ga) ,c; .../ ' -s., - t t • 0- 0) •d• ),•:-, s . . ....." . •'1F:i o o E c f 1 4 0_ 0 2 L.L. o• "E r,co S 7 13 ..E • 19,1 CL =6 X Norlolk Av. , \ § 3 . -0 0 8.5 \ \ v)(...) . . .. . x (1 E E i% 7 8 > 1 .• tr-2 \ 7 .. • cu 0 E ix L.— 3 > E o tf,Py l'1 o ,.= ('.5 CZ CO f,• . E. .. ts. 3 L- . - f .0 ., o .E• • ' • ....— .. 1: CC o. E • C 7 `D 2 E 0,0 fi 1 :2°- 3 ti; ,82 u cs - .., _v „.E., „ <'.7 - ,- (f) ,-- E,__ ti,! * * 0) * 0 8 N * CD * N O� 0_ 0) g O 0) CD Q L N 1 c° L-- >' 2 N 0 E 03 E v co coO N E C 0) co C/) • - - U) z a=4) , V s- N 0 0) 0 +-J O pO O. a U U) U E Ca co p >- - p - 0 N0 0 p D w D N H = (NI cr) w w w CO Cl) < Cl) J- T. T. z n_ a_ o- 0 Q 0 Q O - 0 a) a) •U a. a) 1- Q C/) = CO C) CL O �' CI) CD � CDC co Q) cn CO 0 > > 0 a) a) — Q O co + Cl) -I-,aQ a) c\I ) (n O O E D ._ •-c 0 0 ci) 0 I 03 r- -I—, O COE 0 a O E ,_ a +-) O Q a) a) 0 0) 0 Q o Co 1 EQ �' E co E c CO CN _ c0 U N �. U W co co rn +� U) cco h 0_ 0 , Q) N o c O 0 r — _ C — CO N CDr- N N 03 -_Q 1 Q 0 .--4.--' .,,,,i , ..,...---_. .,•, •.--1.---- ,.: ',.': -f-: ,- II t:,1 .,,-a, • . , .T.i.-.: '''' .' '111 ,'_, ..:',""gi 41 't.%.: . : .stki .• - ' , . ,,e . t• I -:-. , ,„ier: ''--... ',. - -..-• . ' ''' .:. .k-:..--'-:, '. k\, •,,,, :,, , ,. ' .. toiWki„, . •,-:,,:. ;:,•,,,,,I.- 1 , , •‘ ' ",. L ti . -, 7 ,A,„‹ i, 'ailaw--4 - r,• ,, A ... . , • .—; . --,-,,,4,...-AI ' ,‘ ,,4 „,_,5 '''•'1. \ 1111 .. . -- -1 : _,,,,......„, - ':,-;-*A• „•-:. .‘, _it .... ....... ,..... 0_ k-, 0 A, 5 —..! I if, (r) 5•' ::-/ ._ ,,„,_ . •.•...-- L._ ,,_— _„,.: „,•-, • .... 0 4. ' -, •, ! . - *sr •.-:_-._.- . 0 . ,— 144 I i - -- • -,,,, i , _C.) D a_ ._ • _ . , t'Pi'-'::7 - -7- ' ' 41 .--sk,'0,---. 1--- •ti,-----%,-,. (7.--) ..-4.,...,,-,.--.— m --: , , . C) . 'i- I 1.'• s '..77 -1 .,.,'. A CN ; ._„: CN (N - •,, :: -- , tr." _ ' " "4; „- 3, J , ........0 , -• .._ t -77,?/.. . -,. • I J.,- . ... - ' ' ---•-71:41.*4: - (r) ., ,,..;,.-• :,,,,, .! = : CY) D ---,--,.---t- —11 ---,,,,•°.4' - . -'--'7'-'- ,t__,•:•,_,_ . Too-... • _' - , - ,,•-• Is..-, . ' 5- •A _' ' ., ../.., ,,- • 1/#-. ,. ,...,;_ .. 41141,4), *, ._. . , •-,. 1 ., 114..'„, I . , . ' . ---,--- •'44- 11111111c.- -- .., , 111 • ,.;_'.:ii- --: ' '3' .., littgt .,-.t, . ' _.,,,.. . _ .. . • ;;;I:-:,7.„. ; , --* - ' I .. . •,. .....4 ,,... Li i_ ._::,-___:,,,_,,, 0_ 0 .,.. (f) s._ 0 --•--. 9 . 1 1 — , ...- ,, •C ' --- , .• mew" . - _ _C) ' ' '''' "7c' _ .•-i!"•illYijitii‘__ ' - : - _ __,, 1 -- ,-....,,s.• - ",,-..-.„ = CI- .. T. (5) o ' ,-- ---, , le' --,,, , i, :-• - -• i-• :ik., (NJ (NJ • . ........„.__L _ '... .. --.- (r) ..' / i J•--•-'---'''. ,'''':-..';'''' 'r' : ‘.' A . .0 '---..- , ' '''___- 40011::;;' . • , .. , , . -- < _ 1 I , -- CY) • ,,rill . vto- _ -I ,--- —--- - -- - - i t : lairi '4 •-'''-': :;::4:-.' - I 1,,,( - Z -..zi-ko,, 7.--,,i, 0 i narii_ 0 r ' , . _ 0. ' o .r , s __ _ ` -tea A' Ca- itk • (NI =,,` I. �' N _ D C3) u r Z 1S ONZ4 17, 0 0 m' ce a 0 > z G y r m J w aea W c c U Z J i m K Hi 3 ([1 nil ' 1S ONZt w ` OM NINSV1 U Lu O LL Y 4 Q o W ....1 U K m X m a Z 1S ONZZ I 1S 1SIZ 0 OAle HDV39 VINIONIA __ 1S.U.U.I w vJ a # N H C C W a CO0 f Ci ` ' any.v,odeioty _ X to L_ g -�' 4 CO E 4 W E f' w"� O. ::::: I j0oOLO �Q/ o''Z' V Q J O ®4 +I C C) U) a) L Q �_' C �_ CO > t L Co C Co 0) E - cD 7 Co +-, C Q i 73 Q 0_ E -0 P Co D .> o C a) c Q E co o a) CD Q - Q CO Co C CD Q CL E c -o CD (L) U Q) = CD -0 Co > C CO Co Co }, a) Coap > - = C O C Q Q 73 ca .N U > cn cp E Q I . E N _co o a U i Co CD CD c6 U > > CO E C) N U -0 CD 4_-_,, cn Q 0 0 0 cn Q cn Ea) -0CC) C L a) Co C Q > -0 0 N a) E Co c6 ti- C6 U W Co @ a� Co co N > a) Co co > Co CC5 > o ° ° a� a� ° a) 4D U o cc o � < cc CD (n r N 06 LC) C9 I' To > co 06 a) - E U o co U m TT) C O a) 5- ca 4—O O a) U > Q 4 co U o cn cn c) -0 a) > -0c E' u) o � a) w o 0_(75 .�-, Q C C +(1) Q +� a) C O) a) EI a) E a) N E CD0-) a) Q Q. �, Q -- a) O _ a) c 2 C Q C Cl) 4--, > CO O U) N Cl) 0 +-J i +-, >- cla) CD 'co :(T) (1)(D Q a)U p I > C a) >` co > Q) O a) + .X O u) > U) O O ) O .cn U COca .� U C C Q a . 0 CO +-' a) a) O U LCDOZ3 - E — _ ca N a) S + CD ' 0_ � Lco cn ,_ I Q) > _ O cc, 75 CD CD O •— Q •ET) a) — CC Q +-. O C U 0 0 C5) C U) o > ( � ( O O < Q 0 0 w 0 CO Cl) DC 1 . +-.1 C w 0_ a) -0 a) N C - cn DD co a) a) C U r— m E co ,_' > co co 0_ co > CC U C CO Co 0 0 0_ o +' • C n co N c — C — _ COU o Q C C C > CD U -0 C CD 0 .+-' E -CDC - w o C co E — LI— -0 C Cl) CE 0 0 a) a) c C O U U CC U w (/) • • • • • w U U Q CC E C a. T. 0 a) o CO 0 C W o I a) m o C a, 0 C c Co 0 cO c ) C UC o, icO CO - C a, 73 -0 �' U CZ '- +J CD a) a) a) I , `. . E C Q) a) U U U +� Q -0 C C C Q CO O co _C Q m > U co uw w w • • • • • • • • Iii �--.1 { l• ,I W � _ • 1 - .t - `k- �� , : - 74-= Mkt : .A • s W %• f• 7......„,-.-1,:--..,.14;.' - ' r ; E ht Y ,a ...n It `kk r . [/ ♦ 3 p* (13 _i_.. --,_,.;.._ _....; ..--fi t 0 - .jiii.V1-4 ...,--, ,...,,;4 : , • U1 f = gC,'k' ?•�r i 0 1 -*ts., I - 77- ' ;4- '41''''' 4t_ :41944--l' s U ,A Wig, �: r l__Lvysc� -~ ; _ r } -I- ., # -- x', - _ .1y k ,p` O #i a #. _ •A.f *i .} ,` c• =a 1 CIA t I c W O ; . o ZO r f tri k Illre r.,-- �,. _ H Z Z°' Y NO oa .. t .. im LL i 0 Nco a ad,., u Wit 1 a I t6 ^ r - .. `� T ram' ate_ kit Cam! }, Co :' — ` � o- 0 Cl) 4 C co +—' III CI_ co co O > C U Co O a, cO , — t > i i C6 0 4� .v c UOD CD Co 0 - C Co C O c� — Q H- 0_ m n U a > co . ,. c _ 1S a N Z 1, d p 0 T `. m .e c y m 0 Z `m o• .. gg u E n o C •n H W 3 •- g p V �9 c Y d'W Q i m u"' m_ o a J x J a o o m c 7 a> a. m O ( S. mpyw o 0 o^ Q= om ro p t m �Z? f a a`m'a� �� &z a� &cis a a �` F- .� I I R; �� �� • 1 4 7 Y t C _ W n oa NMsvl(13 L� U z > a 1 Y Q U 3, 2 H d ;' �, C m 1 �2/ 2 ii I iS ONZZ ' O � ��- Syr is is tz O� iS Hi61 Iri ....... Onl9 HOd3O VINl'Jaln ,• • • e 'r`` . peal IIII •• . I � 11 *. iva " 340 1110,00N S W ` . a it .* it CD `E E S.,. ,, 1 Q, • " O i 10.- • E m z O w U O w a RS U o0 I U) C a) E a) O °' C a E Q U +_, cn U a °' an Q 0 ~wC6 c./3 U cn�- wa(I) z O �w Uwa >cc >O -c w a cc L- > — „ c 1 0_ N D CD a Q a) l w m ( ) U U) u) up +-, QV) -D U U I-_' ') w o C N CJ) N w L� in d- Q 1 I-- m (L Cr 4s r- I E W 03 LU C) U) 0 r� �_ L�7 Z lS) N ~ F_- a) 1 > 2 cc c a� C6 i-- - (1) c) N N 0— O `� O —cc. + U U — co U c) _C. co Z. co - U C.) F— +' }, 0 0) co co U C : : U : : • 0 0 U- ( ) N co r^ E L) , O� C U O _O E N cn (1) 4 co cn > O, Cr) U 0- N 0-)0 c 0-) R .0 E cn F = r < i = — — O cB U O 0 a) O Q� 4I i CO —' co CI_ cn CD E 0 z 0 U . • • • • • 0 O -o 0) U E U cn CD O •— 0 (6 co up D cn = Q) co -0 `n c a 0 O COaL) U U C 0 U C — �, E 0 E CO C >. —0 Co 4 co • C 4--, = 0 W C OD 6 Q o N Q CD..., Q 0 v w J Q) O O 0 U D > ,`�� O N 0_ O 72 U Q C-) I- co CC CD _J Cl)73 a_ 0 • C' iko } f f III e ry1-.r i� 1 —L s�� , t 'WA Cr) f • ,,.. ; !!, 1 II �� 6. • t li. .$ 4 = i ; ' =' ! s, —w Pof , � - •j s p -# CO ( ) 1 'S Jr e - - .'1 t CDiP .? ! i ., L � rii -,y4: '''... - .. r i4 .% , • • .„, ,', .� fi r`` .. . ` E CO o ' t , 4 n\ �: 'Su t yy� :� ,.!, 1111P7 FL )1„ '. , ...• .• • .-=-,,Iiii -iiiii 1A----4', , -,-- ..• ...,,i• , , -...:-''' ' k .,... • , ._:-.:,' Pr. i / 0 0 -• - ,--' .71`.. ., 0) 4-J *1111' i C - 1 = w .. ,,,.,!.... 7 - / V'',) -C-5CD E . .:...:- '-' ''..t.- , CD , i , ... ,,, i > . O . ..... , -I:13a: a a) c) E 0 - - 0 (1) '' CD a .:---=: -.:-_-..-,-.4-L,,:i I- C1C5 ---..... ----- ---1 -- , I 0 Cr) ' ,! -1-..1 { i Qt.) I ' 0 , ,•4 4 4-) .:. 4 (1) - .,.. / 4-I a , :It E -,,, 1.-.'.i k CD : _y . f:. E (-_,,, ,,.. .. 0 ci ..ri.„.. E 44, , -0 E CC3 ----,--',. - ' CD_ > -,3,...„....0. CD a) 0 E Co 0 U N ("- E O I 01?J I SIO � CD 4-1 E a < m CD u cp E Clf 0 0 U � O w� o °' Q E Q 0 E U 0- nod IICO ; cn I' E a a/a) i +J (: I it II qy '- 0 _ . CD I-.' - H [ ti. „ 1 ! Hn 2 •_ a - ��\) y _ z _z _ • i�i� £ C a) II 0 i • y a _ . . ;_s 0 • 0 -...7...-1 Pr Cn •IliM' =_ - w i�� U 3 - ,s. , ,-, , A O E a) I II I cu U CC co L_ au L- D cB 0_ aD cn Q Q O _C 0 a) UC CD CO E o +� O c� cn +0 N E N O Z O CDcB Z °' O > 0, CO U) C U 0 E - co f— n Q O z ••X u) o Q 0 L 0 0 - Q CD o 0) C L CO > ._ z o a ° o Q EC C • . • W O N N cUi F 1� `. O N � C uzyil P.W 2 i R f 5 , j Cr-� n F V p=b w w z w r - t., _ i O NSVI „ 10 tlIM e, l.§ 1. a j u V) sy, y 111 a) = #�tuI . U IS 3004, i I u Li p 4.,....... lta x, n r.fuii .,.Cf) A w ..,� W ^... CD , i R Yg j,CD 8 ' -II W `a0 CD I ,-0 U CU CO E O C o cf) 0 O }' o 0 v c� C.) a) O O s._ : o a� _ = •,c7 a-) -0 cc ID au T 6a.) 03 C U cn •N c6 Q cu U, 0 CD m cn c 0 a) U C u_ -NJ N O O 0(75 CO O L- U o -o • Q CD CO a) E w a u- o W z fib- r '43 1 o 11 F ' e y 7 o . ^(13 /may j - '- CD_ ' 1 FF ` 4. (1) 1.1 ' k,i - .,,,t E. iiit, —0 k--) C �,,_ U O N N- •_— ) -Q 73 (..- - Q e C a8 a)L— U § '1/4 — U) 1 '' EE \D GF. # y N 00. e Q) 4-- j U -0 0 x$ � ` / U tW._ /� : '" U D Q a, o r- a -0 a _C C a) � ( Q Q 0 0 W N 4) o U) Q) Q 0 0 > > 75 co o Q O dS —ci o c?i co a) o dS o cr 0 -0 o -0 co 0 CO cn C6 CD Q � \ — `f' o — co Wco a- C 7 0) ccc) (� — co C) 0 -- w Q - CO Q U co �_ O O C� 0) ) - _0 � ° — °' co C Q w a) � o 0 0 -0 — C6 ' — o CO 0 U ya 0 O N E r >LLI C3 Cn cn C z cn 0 cn w cn CO. C Z. N w 0 0 . . . . . . . J . . . U cn J d Cfl • t,1 ten ; _ /11.1.I 11, \ .4 i, - ' .. j 14 CO r ..r t* CDt. ss-aNZ6 C Z>v c Q m cx3 G o y r w w Z J CC r O W a` S. J O Q V c c�° S Z C7 U rc 3 W 1! �3 r w w it J sr 4- I�, ., LS UNZ£ p K O m OH NDISYI w p K ) (� W r N Q Q Q C z o> F u u3 i (//�� > N Q Q u e F Q V J m g W m a 1 c O U 2 n is t]NZZ N WW 74 w tt1>li IS f]NZZ O Q Q O z3 isisa vJ ic7F r"r5>c Q w is HL6L a z J Q> Q J 2 W 0Al9 H0V3H VINI0 IA I Z is Hilt CCr /�\ z Q N K W Z aO (1) IL r W ' H Cl) (�/ 3Ayxl0ioN g V J w a 3AV VINI'JUTA ro 3 IL 5 W !^ ww +-' V J D Q `r C) = o N a S , w N o a W I° Q> 0r 0 C 0 0- CO a) 00 •o �, y co44, �r�'P 0_. co CD 2 -,----= 1 't --<-‘ r.. ._ is a ... 0 Li V f‘ ..-- Si. • I./ 1,.. - 03 --(:) cu E _ i--A ._ _Q CD . ) , i , I t- 0_ /, i.ir.;CI .4=' 0 , -;-o''' CD (....) : Ci) CD . . - ' 0 4---, —CD 4---- CD 0 cf) D >-. 0 (f) E -f-, CD - ii- - - --- - \ co Cn 44 - -- ' - (..7- - „ -, 1 0 0 ,,,4„,_, ,.._ CD --, \ -1-, up CD =- .. s (NI ,4.„,.,) , Cf") % r.- ', , ,-4- 0 t ;' , .. •4 ' .4. ,) t - ,, C.:5) ' ' r- Cn , , .% — , I._ **AY'''\ (1) CNI 41...- .. 1 • (-- 4 „,1 ‘ , . \ CD (13 • ,_ CZ >4 .CD _ SV . =(1..) rr , K, ,x :' -C , , - 0 _1 ) t , CO ,. , ....., (...-9 I . Q) IL 't ,,,i74-2;'s,,,,,,,7 ..-7-: (1) , ik.i : . jjrr r ,:,,;._'11.1i,,C1.::,,,,,-.:-' . 3f ::0; _.. v( \J) g f i W g tY` { �SCC sp' .I' 't # CO Q x� - _ X �_' F ,R7.5 E , °. Or e , C `'0 / C ''.4';'•' 114H-.'-i-•':-L'*'' ..H7 C75 +-.1 U 4. `• 'P` 0 -� L t 1 Q ' NIY_ t r. -,.„ .� .w � f iftti "s y i` ' ` N .s +'`1 a > O� ; -1 •T. 1 � � t T -1--' r1 t CD L ` ' i r L II 0 (,. CO it1--H i-- ;.----' I--1,,• ,, :-; ,. „.;.-7.. -r.: . - • .,_.--_,-_1 , i 0 — 1-- ''- ... s..'" 4.... ,. , 1" ,-..- 1 ''. ; 1 .. iiiia:Ait4NVIREvr.,, , 9iim ' 1' s im ire 1 ,0 -'' /mn F - , . ,....----I. ....... p - - -,, Cn : ,NrSi.),-, i • „.._ .., ..__. ..,.. L._ .. .. . .... _.,.. 0 CD I D L.._.1 1 1,i,allar-,.. • : ,.. ' L3 --- 4-1 . _ ..,. -,. C -1:1'1 '' t. II. 1 ' 1 4.11 ...i. - .i.-,a,4 1 +,_,) giiiw„, ,.., L-..t t' / E CO' A 4' .E ,.. _.:. • fr. _ 1 0_ 4.4 I- ...7 . - . 1 , /Ay- . , - 0-, f Aillr i I i o- j 4 i . ---— CD 4 1 "'-+ . ' ' - Q scl.) cn D CD 1---- X ›- 1--- di > H- u oz5 E a)4,.....) C) E E z (1) D 0)C 0) Cl 0 -CD 0 ._ E cn •- — CD CC u) > 1 (I) 1 0 CD () CC < _c 0 CC _c •73-) -0 W CD cn >- co 0 _c, o = L— 1— W -1-, 0 co 0 F- 0 3 0 - 4---s__ 0 a) Cl. ,_ co o ,-4-- , Ci 0 '2 '-i—‹ •• cc • • • (f) cL. CD C V O�/� Vn lJ W n� W -}J W E 0 W a)W 0 C °' _ D 75 x •( co - -c o 4� N (n _C X > o > o (1) o _c U Q a) 03 a) -c o C6 0 U 4 C) 4) _ c Q ap o N Q o 0 EC O 7:5 co co Q ! W a.) o CD 7 CO (1) L CO L O CI) CD cu 4-1 C C Q) E Q 0 Q) (1.) Cn O (!) II U O Q) C - O O X 0 Cn O a) Q W \ O N (f) o co Q- > •-0 O .� 0 O N Q . O 0 +-� C 75 O c� Q cJ LO 03 O) N -0 _C 0 •Cn O _j +-' p cn J VC) 0 L a) — .— _Q vE _ � +- Z IO CD c °' N+ ___I CD U) I— UE c _ (--- co CD O 0 Cl 0 Cl ••}' Q Q 0 0_ > `� W _ > co O a a � pa v C N cn CC U) -0 +-, c7) U w -0 a_ • Q • E ,.• Y i s ,,,iiiL„._ 414 apviiii•Alliir 1 : op \i._,... mispApp 410,•71‘...-3, dE C C 1 - � ' (/) !" _C ._ ?PO `mil „• , u U c CO (CD/),, /'1 2,°w 1. Oa CC t it ,. E'L'iqZ!'i. Caw °ooa � yg E }J , V QLLc�i-, to3 0 C6 3 > U it o >- c6 +� _ U CD ) , .7i U) > O � Q C^ t `, r i 0. 3- „ m» Aet. li., ,v.§ U) t 1 CO (1) '�Y._ f O N -C) 114 CD 0 _ I. ' - �c� , t vi 5_ Cl) L > L > N LC O O U) v) • >- >- C9 N CO +-, O) O 7 c Cn J 7 0) 0 C 0 7^ o s 0 0 0 0 7 0 0 tJ - - _ - c c V V) L a) au D V a= co Q aJ C3l (./) X a= a) C cu W •� X CU DI CL) o 06 C N 0 CO CD CO ) CD v a) V a= 0_ N = U a.�, — U < i -IL 0 'y„ a) C tf O O O Q Ov Q Q CD >0 �a (I) 2 o v 0 0 m I— a) o c .c co a) I U 0 0 m CD c 0 _ 0 0 76 (I) U • 0cz (1) CD r c c cy) 0 03 c \ a) c ' } °�' a) Q c a -- a`)i cn CD � O CDU) = CO � U O�CD U > EL0u O 0 n, • • • cn W 0) • E O c0. > U aD Q a) . u) cc0 CD a- *E a) °- E. no U(I) Q N ca 000CCD mU C 3 CITY MANAGER'S BRIEFINGS LEASE OF CITY PROPERTY—L YNNHA VEN INLET ITEM#70013 1:26 P.M. Mayor Dyer welcomed Mark Johnson, Director—Public Works. Mr. Johnson expressed his appreciation to City Council for their continued support: 1 s . 'ram- Nh Here is the agenda for today's presentation: • Site history and uses • Coastal Offshore Wind (CVOW) Project Description • Overview of Orsted site use and temporary facilities • Lease Agreement Summary of Terms Nh February 4, 2020 4 CITY MANAGER'S BRIEFINGS LEASE OF CITY PROPERTY—LYNNHAVEN INLET ITEM#70013 (Continued) Here is the History of Lesner Municipal Wharf History of site: • Purchased by City in 1972 for Lynnhaven Inlet • Used as active stockpile for Resort Beach replenishment • Former federal easement released • Boat ramp and beach use constructed in 2002 • Active dredged material placement—Crab and Long Creeks • Active stockpile for beach quality sand • Extremely beneficial work space for bridge project • March 2019 permit mod allows structure to remain for waterway maintenance and other uses V Here are the Site uses: • Site uses: • Landing and staging for federal Lynnhaven Inlet dredging contracts �``l • Mooring of USACE dredges 111-s, ,� • Bridge maintenance • Offload for Crab& Long Creek dredging • Mooring for research and survey vessels • Public Safety response t "i • Facilitate oyster reef restoration • Dredged material transfer station • Others February 4, 2020 5 CITY MANAGER'S BRIEFINGS LEASE OF CITY PROPERTY—L YNNHA VEN INLET ITEM#70013 (Continued) Here is an overview of the Project Description/Proposed Site Use: • Coastal Virginia Offshore Wind (CVOW) Project is a wind technology advancement project developed by Dominion Energy • Located approximately 24 nautical miles due east of Virginia Beach • Requires an onshore base of operations during construction phase anticipated during April—September 2020 • Base of operations will include temporary office unit, parking, and mooring for US based staff • The Lesner site will not be used as a laydown area for major components Here is the proposed Site Map: 'to . - _ , ni ___ �1 � i__.,_..,,,,,.. ` " 1 j e 'i�� w, f:- i February 4, 2020 6 CITY MANAGER'S BRIEFINGS LEASE OF CITY PROPERTY—LYNNHAVEN INLET ITEM#70013 (Continued) Here is the Summary of Key Terms: Summary of Key Terms: • 5.45—acre portion of GPIN 1489-58-9234 • Six(6) months—up to three (3) additional six(6) month terms for a total of two (2)years • In support of City Council resolution adopted August 7, 2018 and reaffirmed August 6, 2019, no rent will be charged • Lessee is responsible for all site preparation and maintenance • Lessee must maintain $1,000,000 in general liability insurance with City named as additional insured 40040, .yl. Mayor Dyer expressed his appreciation to Mr. Johnson for the presentation. February 4, 2020 7 CITY COUNCIL LIAISON REPORTS ITEM#70014 1:37P.M. There were no City Council Liaison Reports February 4, 2020 8 CITY COUNCIL COMMENTS ITEM#70015 1:38 P.M. Council Member Abbott advised the library had children draw pictures of what they would like the City to look like in the years to come and suggested displaying the pictures at the City Council Retreat. February 4, 2020 9 CITY COUNCIL COMMENTS ITEM#70016 (Continued) Vice Mayor Wood distributed a copy of the proposed Ordinance to restructure the Board of Building Code Appeals, attached hereto and made a part of the record. Vice Mayor Wood advised it will be added to the City Council's Agenda for consideration in the next few weeks. February 4, 2020 1 AN ORDINANCE TO AMEND SECTIONS 8- 2 69, 8-70 AND 8-72 OF THE CITY CODE 3 PERTAINING TO THE BOARD OF BUILDING 4 CODE APPEALS 5 6 Sections Amended: City Code §§ 8-69, 8-70, 7 and 8-72 8 9 10 WHEREAS, the City Code currently divides the local board of building code 11 appeals into four divisions, each with a separate and distinct membership; and 12 13 WHEREAS, some of those divisions meet infrequently due to the lack of appeals; 14 and 15 16 WHEREAS, finding citizens qualified and willing to serve on the multiple divisions 17 has been challenging and the time and talents of those who have been appointed are 18 often underutilized due to the division structure and infrequency of appeals in the 19 divisions; 20 21 WHEREAS, to better accomplish the mission of the board of building code 22 appeals, to more effectively utilize the time and talents of those appointed to same, and 23 to provide better service to the City and its citizens, the creation of a single board with 24 broad expertise would be preferable to the distinct divisions currently utilized. 25 26 NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 27 BEACH, VIRGINIA: 28 29 1. That Sections 8-69, 8-70, and 8-72 of the Code of the City of Virginia Beach, 30 Virginia, are hereby amended and reordained to read as follows: 31 32 ARTICLE III. - BOARD OF BUILDING CODE APPEALS 33 34 Sec. 8-69. - Established +vieiens. 35 36 (a) There is hereby established a board of building code appeals as provided for in the 37 Virginia Uniform Statewide Building Code. 38 39 (b) The board of building code appeals shall having a 40 : be a singular body of 41 citizens selected by city council on the basis of their ability to render fair and 42 competent decisions regarding the application of the Virginia Uniform Statewide 43 Building Code, and shall to the extent possible, represent different occupations or 44 professional fields relating to the construction industry. 45 1 46 (-14 , 47 48 49 (3) and (4) hereof. 50 51 (2) 52 53 ' 54 55 (- 56 57 58 59 (4) 60 other decision of the division of permit 61 war*, 62 63 Sec. 8-70. - Membership positions; terms; qualifications. 64 65 (a) Each divi ion ^f *The board of building code appeals shall consist of five (5) seven 66 (7) members and up to three (3) alternates, who shall be appointed by the city 67 council. The initial members of each such division shall be the member;-ef-th it 68 respective predecessor boards holding such office as of the date of enactment of 69 70 serve as member of t b 71 72 (b) The term of office of members of the board shall be two (2) five (5) years;_ provided, 73 however, that the initial members of the board shall serve as such until the 74 expiration of their terms as members of their respective predecessor boards. 75 Members may, subject to the provisions of section 2-3 of this Code, be reappointed. 76 77 (c) Theis+on-, all consist of five{ members and shall include a 78 state-registered professional engineer engaged in the design of buildings and 79 80 ' 81 • 82 supply business; and a state registered 83 business in this city. 84 85 (dc) maintenance division shall consi f of fi„ 5\ m b r:r, f,,,,h: 86 - 87 of office. Membership shall consist of: 88 89 a registered design professional who is an architect; 90 2 91 (2) a registered design professional with structural engineering or architectural 92 experience; 93 94 a) an individual with mechanical or plumbing engineering experience; or a 95 mechanical or plumbing contractor with at least ten (10) years experience; 96 97 an individual with electrical engineering experience; or an electrical contractor 98 with at least ten (10) year experience; 99 100 (5) a residential property manager having experience of at least five (5) years; 101 102 (6) two (2) individuals having experience of at least five (5) years with an 103 occupational or professional field related to the construction industry; 104 105 up to three (3) alternates having experience of at least five (5) years with an 106 occupational or professional field related to the construction industry. 107 108 (e) and shall 109 , 110 111 tradesman holding a valid certificate of competency in mechanical work, and a 112 113 in pl ing. 114 115 (f) The electrical--division shall consist of five (5) members and shall include four (4) 116 117 118 . . . . 119 120 Sec. 8-72. - Officers. 121 122 The board shall elect from its membership a chairperson. The 123 building code administrator shall select one (1) or more employees from the permits and 124 inspections division of the department of planning to serve as secretary to the new 125 of the board. The code 126 enforcement administrator for the division of code enforcement of the department of 127 128 cnt of the department of housing and neighborhood 129 130 board. The board shall conduct an organizational meeting each January, at which time it 131 shall elect its chairperson. Additional meetings shall occur each April and September 132 and at such other times as may be necessary to receive training and timely hear 133 appeals. The secretary of each division shall maintain a detailed record of all 134 proceedings . 135 3 136 BE IT ALSO ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 137 BEACH, VIRGINIA: 138 139 2. That the four (4) divisions of the board of building code appeals are hereby 140 disbanded and their duties assigned to the newly created Board. The City 141 Council expresses its appreciation to the members of the divisions for their 142 service to the City. 143 144 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA14984 R-5 February 4, 2020 4 10 CITY COUNCIL COMMENTS ITEM#70017 (Continued) Council Member Wilson advised she will be traveling to Richmond on February 5, 2020, with student members of the Junior Historic Preservation Commission to present historical preservation issues to the Senate. February 4, 2020 11 CITY COUNCIL COMMENTS ITEM#70018 (Continued) Council Member Moss advised he would like to have a discussion regarding the process to make unsolicited proposals deemed not exempt by the City Attorney. Council Member Moss believes those proposals should be immediately available to City Council and the public. February 4, 2020 12 CITY COUNCIL COMMENTS ITEM#70019 (Continued) Council Member Moss advised he would like to address 2040 Vision to Action Community Coalition's letter written to this body dated January 23, 2020, in the near future. February 4, 2020 13 CITY COUNCIL COMMENTS ITEM#70020 (Continued) Council Member Moss advised he has not received the information he requested approximately two weeks ago, concerning the student workforce housing issue. February 4, 2020 14 CITY COUNCIL COMMENTS ITEM#70021 (Continued) Council Member Moss advised the Legislative Package is brief and does not provide enough information on proposed tax and fee increases that could be imposed on citizens. Council Member Moss added, there is not a summary of the new proposed regional bodies and how existing regional authorities'powers are being expanded,proposed bills and their status, and believes it is difficult to be engaged without having that information. Council Member Moss advised there are proposed bills effecting the City's Planning requirements and Comprehensive Plan and expressed his concern for staff engaging without City Council direction. Council Member Henley suggested reinstating a prior City Council practice in having periodic meetings with the General Assembly throughout the year to open dialogue, ensure mutual understanding of priorities and support proposed legislation. Council Member Rouse advised he would like to see a more expansive Legislative Package with more details on proposed bills City Council either opposes or supports to find a new way to approach the Legislative Package. Council Member Tower advised he would also like to receive a more robust report and act on bills being introduced to take a position. Council Member Tower suggested requesting more information from City Council's lobbyists may cost more but it is important to have the opportunity to engage and influence the outcome of proposed bills. February 4, 2020 15 ITEM#70022 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Beach District • Beach District • Lynnhaven District • Kempsville District • Princess Anne District • Princess Anne District LEGAL MATTERS: 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- 3 7 1 1(A)(8). • Short Term Rental Ordinance • Senate Bill 485 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 February 4, 2020 16 ITEM#70022 (Continued) Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council voted to proceed into CLOSED SESSION at 1:55 P.M. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None Break 1:55 P.M. —2:09 P.M. Closed Session 2:09 P.M. —5:23 P.M. February 4, 2020 17 AGENDA REVIEW SESSION ITEM#70023 5:23 P.M. Mayor Dyer RECALLED the INFORMAL SESSION to order at 5:23 P.M and OPENED the Agenda Review Session BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 10-1 re Brookwood Precinct Polling Place to Brookwood Elementary School 2. Resolution to ACCEPT the Final Hampton Roads Region —Norfolk and Virginia Beach Joint Land Use Study 3. Resolution to OPPOSE House Bill 152 and any similar Bill that negates or limits Single-Family Zoning Districts(Requested by Mayor Dyer, Vice Mayor Wood, and Council Member Moss) 4. Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes (Deferred from January 21, 2020): a. DC Art Institute of Virginia Beach, LLC b. DC South University of Virginia, LLC c. In Home Health,LLC 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Bass Inlet at the rear of 2901 Sandpiper Road re construct and maintain a pier 6. Ordinances to ACCEPT and APPROPRIATE: a. $173,233 from Virginia Department of Agriculture and Consumer Services to FY2019-20 Agricultural Reserve Program (ARP) Special Revenue Fund Operating Budget re reimburse for costs to acquire a preservation easement b. $30,000 from Virginia Department of Criminal Justice Services to FY2019-20 Police Department Operating Budget re overtime,purchase of equipment, travel, and training to enhance efforts to address internet crimes against children J. ORDINANCES: ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4a WILL BE CONSIDERED SEPARATELY ITEM#4b WILL BE CONSIDERED SEPARATELY ITEM#4c WILL BE CONSIDERED SEPARATELY February 4, 2020 18 AGENDA REVIEW SESSION ITEM#70023 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. GREG MCMAKIN/MILLS COLLINS,LC for a Conditional Use Permit re bulk storage yard at 4145 Virginia Beach Boulevard DISTRICT 5—LYNNHAVEN(Deferred from January 21, 2020) 2. TOWN CENTER ASSOCIATES 12, LLC for a Conditional Use Permit re indoor recreation facility at 4621 Columbus Street DISTRICT 5—LYNNHAVEN 3. CEBT PROPERTIES,LLCfor Conditional Use Permits re short-term rentals at: a. 317 261/2 Street b. 320 27th Street& 320 26'/Street c. 617 23rd Street, Units 1 & 5 DISTRICT 6—BEACH(Deferred from January 7, 2020) 4. CEBT PROPERTIES, LLC/VB HOMES DESIGN BUILD, LLC for a Conditional Use Permit re short-term rental at 402B 27th Street DISTRICT 6—BEACH(Deferred from January 7, 2020) 5. CEBT PROPERTIES, LLC/VB HOMES DESIGN BUILD, LLC for a Conditional Use Permit re short-term rental at 400A 27th Street DISTRICT 6—BEACH(Deferred from January 7, 2020) 6. C AND C DEVELOPMENT COMPANY for Conditional Use Permits re short-term rentals at: a. 2416 Arctic Avenue b. 403 25th Street DISTRICT 6—BEACH(Deferred from January 7, 2020) 7. JOSHUA LIPPOLDT for a Conditional Use Permit re short-term rental at 2508 Mediterranean Avenue DISTRICT 6—BEACH(Deferred from January 21, 2020) 8. ARMANDO & PATRICIA ELLIS for a Conditional Use Permit re short-term rental at 901 Park Landing Court DISTRICT 1 —CENTERVILLE(Deferred from January 21, 2020) 9. JOHN BRADLEY GRIBBLE for a Conditional Use Permit re short term rental at 512 9`h Street DISTRICT 6—BEACH 10. WILLYNNE E. SIMMONS for a Conditional Use Permit re short term rental at 1804B Baltic Avenue DISTRICT 6—BEACH 11. SOUAD BELMADANI for a Conditional Use Permit re short term rental at 1804C Baltic Avenue DISTRICT 6—BEACH 12. ELIZABETHANNE GREGORYfor a Conditional Use Permit re short term rental at 635 South Atlantic Avenue DISTRICT 6—BEACH 13. COASTAL ACCOMODATIONS,LLC/CHRISTOPHER HOLBERT for a Conditional Use Permit re short term rental at 63616"`Street DISTRICT 6—BEACH February 4, 2020 19 AGENDA REVIEW SESSION ITEM#70023 (Continued) 14. TARA RYAN for a Conditional Use Permit re short term rental at 933 Pacific Avenue, Unit B DISTRICT 6—BEACH 15. MICHAEL MATTHEWS for a Conditional Use Permit re short term rental at 425 Lakewood Circle DISTRICT 6—BEACH 16. LAWRENCE W. KLIEWER & BRUCE E. PENSYL/OCEANFRONT ESCAPE, LLC.for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 203 DISTRICT 6— BEACH 17. LINDA URGO for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 107 DISTRICT 6—BEACH 18. ROBERT L.STEPHENSON,JR./RYAN DUNLAP fora Conditional Use Permit re short term rental at 940 Indian Circle DISTRICT 6—BEACH 19. ROBERT L. STEPHENSON, JR.for a Conditional Use Permit re short term rental at 956 Indian Circle DISTRICT 6—BEACH 20. TROY PERRY&LESLIE SPASSER for a Conditional Use Permit re short term rental at 396 58`h Street DISTRICT 5—LYNNHAVEN 21. KELLYM.ALLENfor a Conditional Use Permit re short term rental at 4215 Macarthur Road DISTRICT 3—ROSE HALL 22. CARLIN CREATIVE CONCEPTS, LLC/OLIVER J. CARLIN for a Conditional Use Permit re short term rental at 947 Fern Ridge Road DISTRICT 3—ROSE HALL 23. ZACKARY NELSON for a Conditional Use Permit re short term rental at 2916 Dante Place DISTRICT 3—ROSE HALL 24. Ordinance to AMEND Section 111 and ADD Section 209.7 to the City Zoning Ordinance(CZO) re student worker housing(Requested by Council Member Tower) K. PLANNING ITEMS: ITEM#1 WILL BE CONSIDERED SEPARATELY VICE MAYOR WOOD FILED A DISCLOSURE FOR ITEM#1 ITEM53-#24 WILL BE CONSIDERED SEPARATELY February 4, 2020 20 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL FEBRUARY 4, 2020 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, February 4, 2020, at 6:00 P.M Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None INVOCATION: Pastor Jo Anne Ramsay Speak the Word Ministries PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act(the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest,"as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. February 4, 2020 21 Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If during her review of an agenda,she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015 is hereby made a part of the record. February 4, 2020 22 ITEM— VI-E CERTIFICATION ITEM#70024 Upon motion by Council Member Wilson, seconded by Council Member Wooten, 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: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None *Council Member Moss stepped out of the Closed Session during the Publicly Held Property in the Kempsville District discussion due to potential conflict of interest February 4, 2020 Js, ?.. 14G Ok ' 4P , • 'se ?i J°F OUR N',,045 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#70022 on Page 16 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. ‘A Ama*%%Barn•s,‘MMC City Clerk February 4, 2020 24 ITEM— VLG.I MAYOR'S PRESENTATION ITEM#70026 PROCLAMATION AFRICAN AMERICAN HERITAGE MONTH Mayor Dyer read the Proclamation declaring, February 2020, "AFRICAN AMERICAN HERITAGE MONTH". Mayor Dyer called upon the citizens, government agencies, public and private institutions, businesses and schools in Virginia Beach to recognize the contributions of African Americans to the history and development of the city, state and nation and to commemorate this month with appropriate activities. Mayor Dyer presented the Proclamation to members of the African American Culture Center and Princess Anne County Training School Union &Kempsville High School Alumni and Friends Association, Inc. February 4, 2020 . . — , , c„,,A.,3,,,,„ 4„:...„:„., i, . , , Yro , 5: q e`� O,OUR N'' IDrotiamation Whereas: :People ofAfrican descent first arrived'in'Virginia 400 years ago;and Whereas: glie first persons of African descent in Virginia Beach were likely to have been three individuals transported here 6y Capt.Adam liorougEgood 6y 1637,,and Whereas: The general commemoration of the historicalcontributtors of African Americans in'Virginia andelsewfiere was first established as Negro.HistoryWeekin 1926 by a native'Virginian,Carters.Woodson;and Whereas: (President gerafd9°,'Ford erpandedthis commemoration andcefebration to encompass Bfack2fistory Month in 1976;and Whereas: The theme of the commemoration in 2020 is:African Americans and the'Vote;and Whereas: 'The FieenthAmendment to the Constitution of the Vnited States was ratified 150 years ago on February 3,1870,providing constitutionally for the right to vote for AfricanAmerican men;and Whereas: Whereas the granting of the right to vote to African American men ena6fedthe election of African Americans to local'state and federal offices;and Whereas: ' Whereas severafAfrican American men were elected to serve(Princess Anne County and the Commonwealth of'Virginia, including'-Villis Augustus Hodges elected to the'Virginia Constitutional Convention in 1867,John Q.Hodges erected to the House of Delegates in 1869 and Littleton Owens erected to the house of delegates in 1879;and Whereas: 'The Nineteenth Amendment to the Constitution of the"United States was rat 100 years ago on August 18,1920,providing constitutionally for the right to vote for women,including African American women;and Whereas (he right to vote and the power it afforded to African American voters was resisted in'Virginia and laws were deliberately passed to disenfranchiise African American voters,requiring AfncanAmericans to continually fight for their right to vote•and Whereat. African Americans also had to continually fight for their right to public education,.and Whereas African American residents raised the funds necessary to purchase landfor the construction of a high schooffor the education of their children in 2'n'ncessAnne Courtly;and Whereas: 'Tie(Princess Anne County Training School later named'Onion 4imipsville High School served this purpose and produced valued members of the community during the era of segregation from 19.38 until 1969;and Whereas: The(Princess Anne County'Training School Union Kempsviffr High School-Alumni and Friends Association,Inc.maintains the history and memories of the school-and continues to serve our community;and Whereas: The Princess Anne County Training School'Union Xempsville hfigli Schoo[Alumni and Friends Association,Inc.maintains the history and memories of the school and continues to serve our community;and Whereas: African Americans have overcome enslavement, discrimination and adversity to make positive contributions in all areas of enterprise and service in'Virginia Beach,the Commonwealth of Virginia and the'United States ofAmenica;and Whereas: 2The,Mayor and City Council support the estabhsliment of an African American Cultural Center in'Virginia(Beach as a hub for African American culture and history and have provided the(Deed Transfer andgiitfe of property in'Virginia Beach for that purpose; Now'Iherefarg I(t\'pbert M.(Dyer,'Mayor of the City of Virginia Beach,'Virginia,do hereby proclaim: February 2020 African American 5feritage Month In Virginia Beach,andfurthermore call upon the citizens,government agencies,pu6Cc and private institutions, businesses and schools in 'Virginia Beach to recognize the contributions of Afii'can American to the history and development of the city,state and-tuition and to commemorate this month with appropriate activities. In'Witness Whereof,I have hereunto set my hand and causedthe OffrcialSealof the City of Virginia Beach,Virginia,to be affixed this Fourth Day of"February,Two Thousand and Twenty. x. WWgbert W. "Bobby"Dyer V .. .Mayor ff 25 • ITEM— VLH.1 PUBLIC HEARINGS ITEM#70027 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY* 5.45 acres at Lynnhaven Inlet *This item was prematurely advertised and is not on the Agenda for consideration. As such, more public outreach will take place, and an additional Public Hearing will be held at a future date. There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING February 4, 2020 26 ITEM— VLH.2 PUBLIC HEARINGS ITEM#70028 Mayor Dyer DECLARED a PUBLIC HEARING: ACQUISITION,BY AGREEMENT OR CONDEMNATION Property, temporary and permanent easements necessary for Elbow Road Extended Phase II-B Project, CIP#2-152 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING February 4, 2020 27 ITEM— VLH.3 PUBLIC HEARINGS ITEM#70029 Mayor Dyer DECLARED a PUBLIC HEARING: POLLING PLACE CHANGE Brookwood Precinct to Brookwood Elementary School The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING February 4, 2020 28 ITEM— VLK. FORMAL SESSION AGENDA ITEM#70030 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given three (3)minutes on each item they registered to speak. The City Clerk called for the following speaker: Barbara Messner, P. O. Box 514, spoke in opposition on items J.1, J.5 and J.6b Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,BY CONSENT,Agenda Items Ordinances/Resolutions J:1, 2, 5, and 6a/b, and Planning Items K:2 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None J. ORDINANCES/RESOLUTIONS: ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4a/b/c WILL BE CONSIDERED SEPARATELY K.PLANNING ITEMS: ITEM#1 WILL BE CONSIDERED SEPARATELY VICE MAYOR WOOD FILED A DISCLOSURE FOR ITEM#1 ITEMS#3-#24 WILL BE CONSIDERED SEPARATELY February 4, 2020 29 ITEM— VLJ.1 ORDINANCES/RESOLUTIONS ITEM#70031 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section 10-1 re Brookwood Precinct Polling Place to Brookwood Elementary School Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None February 4, 2020 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO CHANGE THE POLLING LOCATION FOR THE 3 BROOKWOOD PRECINCT 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 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 respective 14 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 Brookwood Elementary School 30 Buckner Green Run Baptist Church 31 Cape Henry Research and Enlightenment Building (Edgar 32 Cayce Library) 33 Capps Shop Back Bay Christian Assembly 34 Centerville Centerville Elementary School 35 Chesapeake Beach Bayside Baptist Church 36 Chimney Hill Rosemont Elementary School 37 College Park College Park Elementary School 38 Colonial Colonial Baptist Church 39 Colony Lynnhaven Colony Congregational Church 40 Corporate Landing Corporate Landing Middle School 41 Courthouse Kellam High School 42 Creeds Oak Grove Baptist Church 43 Cromwell Salem United Methodist Church 44 Culver Ocean Lakes High School 45 Dahlia Green Run High School 46 Dam Neck Corporate Landing Elementary School 47 Davis Corner Bettie F. Williams Elementary School 48 Eastern Shore Eastern Shore Chapel 49 Edinburgh St. Aidan's Episcopal Church 50 Edwin Kempsville Middle School 51 Fairfield Kempsville Presbyterian Church 52 Foxfire Wave Church 53 Glenwood Glenwood Elementary School 54 Great Neck All Saints Episcopal Church 55 Green Run Green Run Elementary School 56 Haygood Haygood United Methodist Church 57 Hillcrest New Castle Elementary School 58 Holland Holland Elementary School 59 Homestead Providence Presbyterian Church 60 Hunt Princess Anne Recreation Center 61 Independence Water's Edge Church 62 Indian Lakes Indian Lakes Elementary School 63 Indian River San Lorenzo Spiritual Center 64 Kings Grant St. Nicholas Catholic Church 65 Kingston King's Grant Presbyterian Church 66 Lake Christopher New Covenant Presbyterian Church 67 Lake Joyce Morning Star Baptist Church 68 Lake Smith Bayside Church of Christ 69 Landstown Landstown Community Church 70 Larkspur St. Andrews United Methodist Church 71 Lexington Larkspur Middle School 72 Linkhorn Virginia Beach Community Chapel 73 Little Neck Lynnhaven United Methodist Church 74 London Bridge London Bridge Baptist Church 75 Lynnhaven Cape Henry Church 76 Magic Hollow Virginia Beach Moose Family Center 77 Malibu Malibu Elementary School 78 Manor Providence Elementary School 79 Mt. Trashmore Windsor Woods Elementary School 80 Newtown Good Samaritan Episcopal Church 81 North Beach Galilee Episcopal Church 82 North Landing Hope Haven 83 Ocean Lakes Ocean Lakes Elementary School 84 Ocean Park Bayside Community Recreation Center 85 Oceana The Gathering at Scott Memorial United 86 Methodist Church 87 Old Donation Calvary Baptist Church 88 Pembroke Pembroke Elementary School 89 Pinewood Lynnhaven Presbyterian Church 90 Plaza Lynnhaven Elementary School 91 Pleasant Hall Emmanuel Episcopal Church 92 Point O'View Kempsville Church of Christ 93 Red Wing Seatack Elementary 94 Rock Lake Salem Elementary School 95 Rosemont Forest Rosemont Forest Elementary School 96 Roundhill Salem High School 97 Rudee W.T. Cooke Elementary School 98 Salem Woods Parkway Elementary School 99 Sandbridge Tabernacle United Methodist Church 100 Seatack Mount Olive Baptist Church 101 Shannon Church of the Ascension 102 Shelburne Christopher Farms Elementary School 103 Shell Unity Church of Tidewater 104 Shelton Park Shelton Park Elementary 105 Sherry Park St. Matthews Catholic Church 106 Sigma Red Mill Elementary School 107 South Beach Contemporary Art Center of Virginia 108 Stratford Chase Community United Methodist Church 109 Strawbridge Strawbridge Elementary School 110 Tallwood Tallwood Elementary School 111 Thalia Thalia Elementary School 112 Thoroughgood Independence Middle School 113 Timberlake White Oaks Elementary School 114 Trantwood Great Neck Baptist Church 115 Upton Three Oaks Elementary School 116 Village Thalia Lynn Baptist Church 117 Windsor Oaks Windsor Oaks Elementary School 118 Witchduck Bayside Presbyterian Church 119 Wolfsnare Virginia Beach Christian Life Center 120 Central Absentee Voter Agriculture/Voter Registrar Building 121 Precinct Adopted by the City Council of the City of Virginia Beach, Virginia, on this4thday of February , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: lictii-ze Voter Registrar rney's Office CA14986 R-1 January 22, 2020 30 ITEM— VLJ.2 ORDINANCES/RESOLUTIONS ITEM#70032 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT,Resolution to ACCEPT the Final Hampton Roads Region—Norfolk and Virginia Beach Joint Land Use Study Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None February 4, 2020 1 A RESOLUTION TO ACCEPT THE FINAL HAMPTON 2 ROADS REGION- NORFOLK AND VIRGINIA BEACH JOINT 3 LAND USE STUDY 4 5 WHEREAS, on November 17, 2016, the Hampton Roads Planning District 6 Commission authorized the Commission staff to conduct the Hampton Roads Region — 7 Norfolk and Virginia Beach Joint Land Use Study (the "Study") in partnership with the 8 Cities of Norfolk and Virginia Beach; and 9 10 WHEREAS, the goal of the Study was to address, through a cooperative planning 11 process between the cities of Norfolk and Virginia Beach, the U.S. Navy, and the 12 Commonwealth of Virginia, the current and future challenges of recurrently flooding and 13 sea level rise on military operations and readiness, including reliance on municipal 14 infrastructure and services, at Joint Expeditionary Base Little Creek-Fort Story, Naval Air 15 Station Oceana, Naval Station Norfolk, and Naval Support Activity Hampton Roads; and 16 17 WHEREAS, City staff and officials contributed to the Study by participating on the 18 Policy Committee and Technical Committee; and 19 20 WHEREAS, a final Study report (the "Report") was issued in August 2019; and 21 22 WHEREAS, the Report includes recommendations for specific local and regional 23 actions, programs, and policies intended to improve local and regional resiliency to 24 coastal hazards such as flooding and sea level rise, promote cooperative and compatible 25 land use planning, encourage ongoing coordination and discussion between neighboring 26 jurisdictions, including United States Navy facilities and political subdivisions of the 27 Commonwealth about issues of mutual concern, and to increase citizen awareness of the 28 interconnectedness of local communities and the United States Navy; and 29 30 WHEREAS, the City Council recognizes that the findings and recommendations 31 contained in the Report will help protect the public health, safety, and welfare of our 32 citizens; 33 34 NOW, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 35 VIRGINIA: 36 37 That the City Council hereby accepts the Final Hampton Roads Region — Norfolk 38 and Virginia Beach Joint Land Use Study Final Report dated August 2019. 39 40 BE IT FURTHER RESOLVED: 41 42 That subject to the availability of funding, the City Council directs the City Manager 43 to bring forward to the City Council all appropriate ordinances, resolutions, and proposals 44 implementing the recommendations thereof pertaining to the City of Virginia Beach for its 45 consideration. 46 47 BE IT FURTHER RESOLVED: 48 49 That the City Council hereby expresses its gratitude to the United States Navy, the 50 City of Norfolk, the members of the Policy Committee and Technical Committee, the 51 Office of Economic Adjustment, the Hampton Road Planning District Commission, 52 members of the public who attended public meetings on the Study, and all others whose 53 efforts contributed to the completion of the Hampton Roads Region — Norfolk and Virginia 54 Beach Joint Land Use Study final report. Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of February 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and anagement Services City orney's Office CA14979 R-2 January 23, 2020 31 ITEM— VLJ.3 ORDINANCES/RESOLUTIONS ITEM#70033 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Moss, seconded by Council Member Rouse, City Council DEFERRED TO FEBRUARY 18, 2020, Resolution to OPPOSE House Bill 152 and any similar Bill that negates or limits Single-Family Zoning Districts(Requested by Mayor Dyer, Vice Mayor Wood, and Council Member Moss) Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None February 4, 2020 32 ITEM— VLJ.4a ORDINANCES/RESOLUTIONS ITEM#70034 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Moss, seconded by Council Member Abbott, City Council DENIED Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes (Deferred from January 21, 2020): a. DC Art Institute of Virginia Beach, LLC Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None February 4, 2020 33 ITEM— VLJ.4b ORDINANCES/RESOLUTIONS ITEM#70035 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Moss, seconded by Council Member Abbott, City Council DENIED Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes (Deferred from January 21, 2020): b. DC South University of Virginia,LLC Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None February 4, 2020 34 ITEM— VLJ.4c ORDINANCES/RESOLUTIONS ITEM#70036 Upon motion by Council Member Moss, seconded by Council Member Abbott, City Council DENIED Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes (Deferred from January 21, 2020): c. In Home Health, LLC Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None February 4, 2020 35 ITEM— VLJ.5 ORDINANCES/RESOLUTIONS ITEM#70037 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Bass Inlet at the rear of 2901 Sandpiper Road re construct and maintain a pier Voting.• 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None February 4, 2020 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS BASS INLET 7 LOCATED AT THE REAR OF 2901 8 SANDPIPER ROAD 9 10 WHEREAS, Michael Shawn Rosno and Tammy Marie Rosno (the"Rosnos") 11 have requested permission to construct and maintain a proposed 24' x 5.4' pier (the 12 "Encroachment") adjacent to their property located at 2901 Sandpiper Road (GPIN: 2433- 13 35-3062). The Encroachment would extend into the City's property known as Bass Inlet 14 (GPIN: 2433-33-0267); 15 16 WHEREAS, on March 9, 2004 under Ordinance 2800A, Council approved the 17 installation of rip rap and an existing wooden dock on the Rosnos' property; and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 20 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 21 the City's property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Rosnos, their heirs, assigns 28 and successors in title are authorized to construct and maintain a 24'x 5.4' pier in the City's 29 property known as Bass Inlet as shown on the map entitled: "EXHIBIT A 30 ENCROACHMENT REQUEST FOR MICHAEL S. and TAMY M. ROSNO LOT 83A, 31 SECTION 1, TRACT C SANDBRIDGE BEACH (lnst: 20190411000283790)SANDBRIDGE 32 DISTRICT," dated December 17, 2019, prepared by Waterfront Consulting Inc., a copy of 33 which is attached hereto as Exhibit "A" and on file in the Department of Public Works, to 34 which reference is made for a more particular description; 35 36 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to 37 those terms, conditions and criteria contained in the Agreement between the City of Virginia 38 Beach and Michael Shawn Rosno and Tammy Marie Rosno (the "Agreement"), an 39 unexecuted copy of which has been presented to the Council in its agenda, and will be 40 recorded, after execution, among the records of the Clerk's Office of the Circuit Court of the 41 City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and i 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as Michael Shawn Rosno and Tammy Marie Rosno and the City Manager or his 47 authorized designee execute the Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 t h 50 day of February, 2020. CA14841 R-1 PREPARED: 01/09/2020 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d023\p033\00616634.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLI9 W RKS, REAL ESTATE � . J+ARMEYER SENIOR CITY ATTORNEY • 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 3 day of , 20 2.9by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a unicipal corporation of the Commonwealth of Virginia, Grantor, "City", and MICHAEL SHAWN ROSNO and TAMMY MARIE ROSNO, 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 "LOT 83A GPIN 2433-35-3062" as shown on the plat entitled "RESUBDIVISION OF LOT 83, TRACT C, SECTION 1 SANDBRIDGE BEACH (M.B. 41, P.7) AND PORTION OF 10' STRIP SECTION 1-A, SOUTH AREA SANDBRIDGE SHORES (M.B. 72, P.2) VIRGINIA BEACH, VA," Scale: 1" = 20', dated February 20, 2018, prepared by Align Surveying & Design, P.C. which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20190411000283790, and being further designated, known, and described as 2901 Sandpiper Road, Virginia Beach, Virginia 23456-4434; WHEREAS, the Grantee, as successor in title, was previously granted permission to encroach into a portion of Bass Inlet to construct and maintain rip rap and a wooden dock by Agreement recorded in the aforesaid Clerk's Office as Instrument Number 2004032900048402. GPIN: 2433-33-0267 - Bass Inlet - City of Virginia Beach Property 2433-35-3062 - 2901 Sandpiper Road WHEREAS, it is now proposed by the Grantee to construct and maintain a 24' x 5.4' Pier (the "Temporary Encroachment"), in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Bass Inlet "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 and sufficiency of which are 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 MICHAEL S. and TAMMY M. ROSNO LOT 83A, SECTION 1, TRACT C, SANDBRIDGE BEACH (INST: 20190411000283790) SANDBRIDGE DISTRICT," dated December 17, 2019, 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 2 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 3 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, MICHAEL SHAWN ROSNO and TAMMY MARIE ROSNO, 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 4 executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 5 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 , 20 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He 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 , 20 , 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: My Commission Expires: 6 r MIC AEL, ROSN , Owner TAMMY MART ROSNO, Owner STATE OF - CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this -3 day of , 2094, by Michael, Shawn Rosno and Tammy Marie Rosno. U)a-eisiA L) otary Public KATHLEEN WALRATH NOTARY PUBLIC,STATE OF NEW YORK Re07,tratior No.O WA6166900 !� Notary Registration Number: a/ 14.446409 tiuE;ified in Steuben County Commission Expires May 21,2023 My Commission Expires: 5/ 1/,-?..3 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIG D A . RM YER O r �ZQ SENIOR tTY ATTORNEY DATE PUBLIC WORKS/REAL ESTATE DEPARTMENT/DIVISION 7 LOT 84 N/F SHEEHAN FAMILY TRUST GP1N: 2433-35-3140 7 65' 1NST:20160505000377060 -_ 46 N F JONN R. SHEEHAN at rn t .12'\ S 19""fl''_-''p I 0' STRIP GIN: 2433-35-2088 INST:200410140163854 - --' ~ 0 ` oCA 0 CD, Vslx cp LOT 83A , ' GPIN: 2433353062000 o INST: 20190411000283790 \--- 1 1 -i \ v... \ ___) o N '�o ` \ PROPOSED 2 \ PIER cn f -1 1 1 65 BASS INLET 7g��'00 N/F A CITY " W.. VIRGINIA BEACH S GPIN: 2433-33-0267 (M.B. 72, PG. 2) LOT 82 N/F SANDPIPER REALTY LLC GPIN:2433-34-3995 D.B. 334Z PG. 2052 PARCEL STRIP N/F NORTH BAY DEVELOPMENT CO. a 15' 30' GPIN: 2433-34-3789 CI 2019 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED. 1'=15' .....,.... w _ - - --0..,. "'<+ ,4"' WATERFRONT EXHIBIT A • CONSULTING ., INC. ENCROACHMENT REQUEST FOR 2589 QUALITY COURT, STE. 323 MICHAEL S. and TAMMY M. ROSNO VIRGINIA REACH, VA 23454 LOT 83A, SECTION 1 OFFICE:(757)425-8244 , TRACT C ENGINEERING 1:7"' SANDBRIDGE BEACH 20190411000283790) SERVICES PROVIDED 13Y: (INST: CHESEAP AKEBAY5I E SOLUTIONS,INC. SANDBRIDGE DISTRICT DATE: DECEMBER 17, 2019 W \ I ---3 \ \ ` x / N \� t0 3 -/ O M �' 1 in M 0 CL w a �� �� �\DD�ER R� � �\ Q o M A ND g M �r W � 0 � o v M M Q N F �— asornHW MZZar�D � QN V VQCe , V ZN Q IllQ x ERRS _ \— SPV�P‘P 1 cn \ _,--\ \ \ w v - _...- \ E ___, — \ \ \- (f � V yr `-v ; ,� -� \._ — v----A ` \ N M ,,,,--, \J __ _milli& \ o �_ co U ___ ,___ d N r s--\--\ r i er W N S °P\ FOR M o W r s M 13 M I- 6. \ y C N U a \----‘----- VI ty a sz 0 - n a N a a,.f O EW s :. _z .• t 19y' r O N " L.*, -,. -, lt,"-',1.4.1.: -___ - ' it's," CC o LU �/) c cots' isr 1 - Arg----' 1. %---. CV-''' ' ._.,..._,,, - . -...,..„ ,-..- A ri H M a z 'a ZZa' Za o yy m i U O , Ce R� g ! = 0 EL 4111' X / y_ w . . A . - s 1t irer°" ''%,, -'`‘. ar y,, ; . CN s m f W 8\\' � + 6 w n 36 ITEM— VLJ.6a ORDINANCES/RESOLUTIONS ITEM#70038 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $173,233 from Virginia Department of Agriculture and Consumer Services to FY2019-20 Agricultural Reserve Program (ARP) Special Revenue Fund Operating Budget re reimburse for costs to acquire a preservation easement Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None February 4, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $173,233 FROM THE VIRGINIA DEPARTMENT OF 3 AGRICULTURE AND CONSUMER SERVICES TO 4 REIMBURSE THE AGRICULTURAL RESERVE PROGRAM 5 FOR COSTS TO ACQUIRE A PRESERVATION EASEMENT 6 7 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $173,233 from the Virginia Department of Agriculture and Consumer Services is 11 hereby accepted and appropriated, with revenue from the Commonwealth increased 12 accordingly, to the FY 2019-20 Operating Budget of the Agricultural Reserve Program 13 Special Revenue Fund. Adopted by the Council of the City of Virginia Beach, Virginia on the4th day of February 2020. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: +1 _4„ ,I _____)- Budget and Management Services City Attorney's Office CA14987 R-1 January 22, 2020 37 ITEM— VLJ.6b ORDINANCES/RESOLUTIONS ITEM#70039 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRL4TE: b. $30,000 from Virginia Department of Criminal Justice Services to FY2019-20 Police Department Operating Budget re overtime,purchase of equipment, travel, and training to enhance efforts to address internet crimes against children Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None February 4, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE POLICE DEPARTMENT OPERATING 3 BUDGET TO ENHANCE EFFORTS TO ADDRESS 4 INTERNET CRIMES AGAINST CHILDREN 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $30,000 from the Virginia Department of Criminal Justice Services via the 10 Southern Virginia Internet Crimes Against Children Task Force and the Bedford County 11 Sheriffs Office is hereby accepted and appropriated, with revenue from the 12 Commonwealth increased accordingly, to the Operating Budget of the Police Department 13 for overtime, the purchase of equipment, travel, and training to enhance efforts to address 14 Internet crimes against children. Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of February 2020. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services orney's Office CA14982 R-1 January 15, 2020 38 ITEM—VI-K.1 PLANNING ITEM#70040 The following registered to speak: Greg McMakin,Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Moss, seconded by Council Member Jones, City Council APPROVED, AS CONDITIONED, Application of GREG MCMAKIN/MILLS COLLINS, LC for a Conditional Use Permit re bulk storage yard at 4145 Virginia Beach Boulevard DISTRICT 5—LYNNHAVEN GREG MCMAKIN/MILLS COLLINS,LC for a Conditional Use Permit re bulk storage yard at 4145 Virginia Beach Boulevard (GPIN 1487050053)DISTRICT 5—L YNNHA VEN The following conditions shall be required: 1. No activity including loading or offloading of woody debris or yard waste material shall be anywhere on the property. 2. There shall be no freestanding signs associated with the Bulk Storage Yard. 3. No customers or members of the public shall be permitted within the Bulk Storage Yard. 4. Category VI landscape screening, as described in the Virginia Beach Landscaping Guide, shall be installed and maintained along the northern and eastern boundaries of the Bulk Storage Yard. A solid eight (8)foot tall solid fence shall be installed along the northern and eastern boundaries of the Bulk Storage Yard, as shown on the Site Layout exhibit. 5. Items stored within the Bulk Storage Yard shall be limited to equipment associated with the tree service company only. 6. There shall be no chipping, grinding, sawing, or processing of wood within the Bulk Storage Yard or anywhere on the property. 7. There shall be no storage of boats; wrecked, inoperable or towed vehicles; or shipping containers on the site. All existing shipping containers on the site must be removed within sixty(60)days of approval by City Council of this Conditional Use Permit. 8. The storage of combustible waste materials shall not be permitted on site. 9. All outdoor lighting fixtures shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any new outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 10. All outdoor lighting fixtures shall be shielded away from the adjacent multi family use to the south of the property. February 4, 2020 39 ITEM—VI-K.1 PLANNING ITEM#70040 (Continued) 11. This Conditional Use Permit is valid for two (2)years from the date of its approval by the City Council. 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 February Two Thousand Twenty. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None February 4, 2020 - - 1 , :::..,:,,,-._,,.: ikilb, . /2_,,,,_ (,-,,,,L.J. - ., if 1 . L, . -, ,.. „ .0 1 _- F nup uos erieyl` A ' r 0 In 1V ___ (NI,— fjj o 47 ' ill ?• I I , --_,.,,, i '- /IS I ill ------11—.---- 17 '',1---'-', CD it N c M0 1 , 12 _-:// * ., N ra ...0 W V C..) a? NI 4 Cn (13 /,' :'''':''' \\%11 nil , „,_,:-:2\hv ......„; ...., _, lr-C° �_ Wow. a (09 1%11" 74141111141411X i Fi-li v.d 3- 111 7r�i L ill ': . .D. anuan 1 anuaAV 4sV t� �s�t \ _, i I + I C o IMMIN 1, 1 I w c 1 1 cn N am �_ EN g - : 1 tNO i,. j .....,.,,_t roe` ,; L�7 c� ° 7- - City of Virginia Beach c%. 7:--,,,:' :--,- i) UR NA1�Of'� "� VBgov.com JAMES L WOOD January 21, 2020 PHONE: (757) 785-4342 COUNCILMAN-DISTRICT 5-LYNNHAVEN FAX (757)340-2082 JLWOOD@ VBGOV COM Refer to File No. 0066721 Mrs. Amanda Barnes, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Greg McMakin for a conditional use permit for property owned by Mills Collins, LC and located at 4145 Virginia Beach Boulevard. 2. I have a personal interest in 208 Ash Avenue, L.L.C. That corporation owns property located near the applicant's property at 208 Ash Avenue, Virginia Beach, VA 23452. The corporation's principal office address is 3809 Thalia Drive, Virginia Beach, VA 23452. 3. I am a member of a group of more than three persons, namely persons with ownership interests in land (or ownership interests in businesses that own land) in the vicinity of the property that is the subject of this application. 4. 1 am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincer , James L. Woo Vice May 208 ASH AVENUE.SUITE 101,VIRGINIA BEACH.VIRGINIA 23452 JLW/RRI 40 ITEM—VI-K2 PLANNING ITEM#70041 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council,APPROVED,AS CONDITIONED, BY CONSENT, Application of TOWN CENTER ASSOCIATES 12, LLC for a Conditional Use Permit re indoor recreation facility at 4621 Columbus Street DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA TOWN CENTER ASSOCIATES 12, LLC for a Conditional Use Permit re indoor recreation facility at 4621 Columbus Street (GPIN 14774471261000)DISTRICT 5—LYNNHAVEN The following conditions shall be required: 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development Permit and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 2. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 3. All exterior building signage shall comply with the requirements of the City Zoning Ordinance, unless authorized by the Board of Zoning Appeals. 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 February Two Thousand Twenty. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None February 4, 2020 yr 4_. .... , 03 ..,*,.. '''''' ...r, li r � .� 0 i o NI (I) IIIIIIi „_ In ,p �__ � 3 -- o 0 - N 3ealis 1a)f.ieI ;aailS ia�faeW --_ - aniiQ llaalee . ti \ h E. . I.\ ',, 1 ,44, CU in C. U .. \ i, ♦+ u CD _ � ; Li — --- piena'nos e3uepj edap • 1----------- y -� = — .,--,--. - - - \ L . , Lpv) 01 M 1- i W g �:(1 - _ � w as m0 • 0' m cC? 1 OrJL-s c� N a mVim -, , / — LI �� 41 ITEM—VI-K3a PLANNING ITEM#70042 The following registered to speak: Eddie Bourdon, 4429 Bonney Road#500, Phone: 499-8971, Attorney for Applicant, spoke in SUPPORT Lisa Eure, 402 27h Street, Phone:286-2656, spoke in SUPPORT Joyce Cico, 400 261/Street, spoke in SUPPORT George Cico, 402 261/2 Street, spoke in SUPPORT Faye Market spoke in SUPPORT Frank Ramaekers, Phone: 961-5916, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Nancy Parker, 513 23rd Street. Phone: 651-4848, spoke in OPPOSITION to Short Term Rental guidelines and regulations Upon motion by Council Member Tower,seconded by Council Member Abbott, City Council,APPROVED, AS CONDITIONED, AS AMENDED, Application of CEBT PROPERTIES, LLC for Conditional Use Permits re short-term rental at: a. 317 26% Street(Deferred from January 7, 2020) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CEBT PROPERTIES, LLC for a Conditional Use Permit re short-term rental at 317 261/ Street (Deferred from January 7, 2020) (GPIN 2428002393)DISTRICT 6—BEACH The following conditions shall be required: 1. While this conditional use permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program(RPPP)shall be limited to two (2) residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 2. The approval of this Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 3. No events with more than the permitted number of people who may stay overnight (#Bedrooms x3) shall be held at the Short Term Rental and the property it is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). February 4, 2020 42 ITEM—VI-K.3a PLANNING ITEM#70042 (Continued) 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30)minutes.Physical response to the site of the Short Term Rental is not required. 5. If the ownership of the property changes, it is the seller's responsibility to notes the new property owner of requirements "a" through "c" below. This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six(6) months of the property real estate transaction closing date, otherwise the use of the conditional use for Short Term Rental shall be null and void: a. A completed Department of Planning and Community Development Short Term Rental registration form; b. Copies of the Commissioner of Revenue's office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million. 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31- 26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. All refuse shall be placed in automated refuse receptacles, where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 9. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 10. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 11. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 12. The maximum number of persons on the property after I1:00p.m.and before 7:00 a.m. ("Overnight Lodgers') shall be nine (9) individuals (three (3) individuals per bedroom). February 4, 2020 43 ITEM—VI-K.3a PLANNING ITEM#70042 (Continued) 13. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4th day of February Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones, and John D.Moss Council Members Absent: None February 4, 2020 __ 5 }I1jj-�� \ \____----- ,Le AI _. , ,,\..::_______, ._.,:\ 0 ''Ciri Ix \A0?„.,, ----It 0 ___ __A , 0., ..-.., \ ,__.,_ 1 LLQ CD \ 1.11001.1611.1-111.-- .%. iltjt4 LC) -— 1\ VII°1113. AO* I °I° it ti Wilitil t� dto '�~ -jam N t 1 m _} t , N \\,, s j r....„-;:k__,-,.;...:- A\* c -'-- ----C N so ,_ It__ .ram` o 'C tilli...r--- __= = 0 --,--;--e=i \ IIILO•0.'. ...7-.. ... „eic:::::rogIC IA N.:: ,,,,W.,, „act 1,„.. \ti \\ N \_ ' = poien ue r- Co) Co �!"'v M1 . retie - W - u e .-\ At.51.,-, - U ciaiii- ---- uea \r________ . t ," Ar etic Av c---- _sue- __--- tie Aver \ \-\\ iii, ik -,, 1 \ \ a, 77, r ti. ty y Q 'V" \14 \ \''' j'A .> A . _ _ -mti \ \ \\ V''. nocn r.1 Cl. m 44 ITEM—VI-K.3b PLANNING ITEM#70043 The following registered to speak: Eddie Bourdon, 4429 Bonney Road#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT Lisa Eure, 402 27t Street, Phone:286-2656, spoke in SUPPORT Joyce Cico, 400 261/2 Street, spoke in SUPPORT George Cico, 402 26' Street, spoke in SUPPORT Faye Market spoke in SUPPORT Frank Ramaekers, Phone: 961-5916, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower,seconded by Council Member Abbott, City Council,APPROVED, AS CONDITIONED, AS AMENDED, Application of CEBT PROPERTIES, LLC for Conditional Use Permits re short-term rentals at: b. 320 27`h Street and 320 261 Street(Deferred from January 7, 2020) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CEBT PROPERTIES, LLC for a Conditional Use Permit re short-term rentals at 320 27t Street and 320 26' Street (Deferred from January 7, 2020) (GPIN 2428001499)DISTRICT 6—BEACH The following conditions shall be required: 1. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program(RPPP)shall be limited to two (2) residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 2. The approval of this Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process may be administrative and performed by the Planning Department;however, the Planning Department shall not the City Council in writing prior to the renewal of any conditional use permit for a Short Term Rental, it has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 3. No events with more than the permitted number of people who may stay overnight (#Bedrooms x3) shall be held at the Short Term Rental and the property it is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). February 4, 2020 45 ITEM—VI-K.3b PLANNING ITEM#70043 (Continued) 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the short term rental is not required. 5. If the ownership of the property changes, it is the seller's responsibility to notes the new property owner of requirements "a" through "c" below. This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six(6) months of the property real estate transaction closing date: a. A completed Department of Planning and Community Development Short Term Rental registration form; b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million. 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31- 26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. All refuse shall be placed in automated refuse receptacles, where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 9. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 10. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 11. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 12. The maximum number ofpersons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be nine (9) individuals for each unit (3 individuals per bedroom). February 4, 2020 46 ITEM—VI-K.3b PLANNING ITEM#70043 (Continued) 13. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4th day of February Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M. Dyer, Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R.Jones, and John D. Moss Council Members Absent: None February 4, 2020 it __,..: \----1,-- ) `,,,,, \ , v,.......„..........,....,.___;...........„--. ,_- \..,..._ __1_ %\it -------:'' 1,,.....,, C,\Js.,-1,,,,,..,, ,f r o \---- 1/4 to it -,,.._ V \ \ _ o (0 N - N - '� - o 4.0 CD _____ 42)\-------‘ t - - \ -_- fta .4, N, 0. , I :\ 6. CD 3 ::\\,,,, , ‘ -4 x \It , <,\ ,. .%:----2,71,1_ ''',,„ l �- - AIctiicAsjanee i i .. ..., , ., t , } w z U i CNI 1' _ 's CD ti N , _, ,,,. ..,.A \\ \ '', \laii'„ ' v.. 7-i-,- = a eS" � , tlf- -� _ -- = d —(n .a \' % ._ 1� -40 _- ''�►'',, C5 \----r,�A C o ;. .z \ ■ - - Y� Cn C 4 ,. \ 0901 :: ,_ _„ ____ , ,„, _ "� _. „,.. . . CV = CO CO NI a- co „ _ , 47 ITEM—VI-K.3c PLANNING ITEM#70044 The following registered to speak: Eddie Bourdon, 4429 Bonney Road#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT Lisa Eure, 402 27th Street, Phone: 286-2656, spoke in SUPPORT Joyce Cico, 400 261/2 Street, spoke in SUPPORT George Cico, 402 261/2 Street, spoke in SUPPORT Faye Market spoke in SUPPORT Frank Ramaekers, Phone: 961-5916, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower,seconded by Council Member Abbott, City Council,APPROVED, AS CONDITIONED, AS AMENDED, Application of CEBT PROPERTIES, LLC for Conditional Use Permits re short-term rentals at: c. 617 23rd Street, Units 1 & 5(Deferred from January 7, 2020) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CEBT PROPERTIES, LLC for a Conditional Use Permit re short-term rentals at 617 23rd Street, Units 1 & 5 (Deferred from January 7, 2020) (GPIN 2428001499)DISTRICT 6—BEACH The following conditions shall be required: 1. The approval of this Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where it has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 2. No events with more than the permitted number of people who may stay overnight (#Bedrooms x3)shall be held at the Short Term Rental and the property it is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 3. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term rental is not required. February 4, 2020 48 ITEM—VI-K.3c PLANNING ITEM#70044 (Continued) 4. If the ownership of the property changes, it is the seller's responsibility to notes the new property owner of requirements "a" through "c" below. This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six (6) months of the property real estate transaction closing date: a. A completed Department of Planning and Community Development Short Term Rental registration form; b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million. 5. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 6. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 7. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 8. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 9. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 10. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m. 11. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be three (3) individuals for Unit 1 and three (3) individuals for Unit 5 (three (3) individuals per bedroom of each.) 12. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. February 4, 2020 49 ITEM—VI-K.3c PLANNING ITEM#70044 (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 4`h day of February Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones, and John D. Moss Council Members Absent: None February 4, 2020 1 100 \C:\---------- _......._ .. • 100PP. \-- 11 u7 tt C Will Lo 11 t n � \ . _� ' t, 0 0 t, To ; 10�_ t . IA .,, if w --- „,,,\ se \ , w----- _ 0 \___ 4 - \t f ,N .____ i ~ ---) tr \---- ,i6d4, , 00- ----- -----4 -----\ Da,- 1\,, --- \---- \'".--7-17.- \ 10 „ v......-d"... ____) _ V off 0 -- • r-1 _ 01 ,, , CP e---- % 111._,.\\..„:" -- \ i .k „, , \-- \ _ .2e,,,,..„ _ .' ____ -J ��-' - CYpr es \ F- 'v ven -- `_ t -- -- W CO N Gyp--g A= \\--_\,,\ \ \ = v ____Iii , A WI vo 0 eireo 1 aio cN m v ..+ 2 i 0 0. s 0 Vt - - , - 0 _ ------ cu , Oil ': -- c4 __ Ix r„- i t` � riffir111111011 O 111101 C i 0101'W mot' _ r� a) m ttID tJ\ r \ 1 50 ITEM—VI-K.4 PLANNING ITEM#70045 The following registered to speak: Eddie Bourdon, 4429 Bonney Road#500, Phone: 499-8971, Attorney for Applicant, spoke in SUPPORT Lisa Eure, 402 27t Street, Phone: 286-2656, spoke in SUPPORT Joyce Cico, 400 261/2 Street, spoke in SUPPORT George Cico, 402 261/2 Street, spoke in SUPPORT Faye Market spoke in SUPPORT Frank Ramaekers, Phone: 961-5916, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower,seconded by Council Member Abbott, City Council,APPROVED, AS CONDITIONED,AS AMENDED,Application of CEBT PROPERTIES,LLC/VB HOMES DESIGN BUILD,LLCfor a Conditional Use Permit re short-term rental at 402B 27th Street DISTRICT 6—BEACH (Deferred from January 7, 2020) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CEBT PROPERTIES, LLC/VB HOMES DESIGN BUILD, LLC for a Conditional Use Permit re short-term rental at 402B 27`h Street (Deferred from January 7, 2020) (GPINS 242800446)DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions apply to the unit specified in this request.A separate conditional use permit and/or modification, as necessary, must be obtained for any additional units on the site wishing to operate as a short-term rental. 2. Short Term Rental shall only occur in the principal structure addressed as unit 402B 27th Street. 3. The garage space within the unit must remain a minimum size of nine(9)feet by eighteen (18)feet, contain a minimum eight (8)feet wide vehicle entryway opening, and must be accessible to the short-term rental tenants. 4. As depicted on the floor plan entitled, "402 Unit B 27th Street, VB Homes - Builder, " prepared by Residential Designs, LTD., and dated June 5, 2018, the first floor "media room"shall not be used as a bedroom when the home is being used as a short-term rental. 5. While this conditional use permit is active,parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2) residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. February 4, 2020 51 ITEM—VI-K.4 PLANNING ITEM#70045 (Continued) 6. This conditional use permit shall expire five (5) years from the date of approval. The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for short-term rental, where it has been the subject of neighborhood complaints, violations of its conditions, or violations of any building, housing, zoning,fire, or other similar codes. 7. No events with more than the permitted number of people who may stay overnight (#Bedrooms x3)shall be held at the Short Term Rental and the property it is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term rental within thirty (30) minutes. Physical response to the site of the Short Term rental is not required. 9. If the ownership of the property changes, it is the seller's responsibility to notes the new property owner of requirements "a" through "c" below. This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six (6) months of the property real estate transaction closing date: a. A completed Department of Planning and Community Development Short Term Rental registration form; b. Copies of the Commissioner of Revenue's office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million. 10. To the extent permitted by state law, each short-term rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. February 4, 2020 52 ITEM—VI-K.4 PLANNING ITEM#70045 (Continued) 13. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be nine(9) individuals(three (3) individuals per bedroom). 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each short-term rental. 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 4`h day of February Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R.Jones, and John D. Moss Council Members Absent: None February 4, 2020 l i, _.,v,, e t 5 4 S—1 L_ 7il NLcLv n \,%'s, -- _ F v_ _ Nat ' ', W N � y ' t 4 N ., s 1 t r --i 0 1 RS c0 • N o 4.0 'ter CtiC o N _� e o �tiC2 { i en / ( . . , , \ , , _, ....--------, . =,,. \ i 1 \ \ \ t., ___, , , r _I -i - '4 \ -- 0_ k 4 :y' i -=yam- . TI" \------ II 1 \ \ ', ., N s- ,•- , , i mc _ Iti \ \ \ - , d -- a CO __. - \ 1 \.,_,,______ ., • ---' \ \ '-'")...--- ',, (2. v---.•- - 'c\ U `' ��`� r,-,• -,,. \ s �-,,; \ \ V \ , =\____, 12 i - _. \ \--_ ,-- _ :::: Ja \ 0 1 Q"_' r 2` _ °' mcn c Na_.. -- pa 01, iiit \ 1 32 , - . 53 ITEM—VI-K 5 PLANNING ITEM#70046 The following registered to speak: Eddie Bourdon, 4429 Bonney Road#500, Phone: 499-8971, Attorney for Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower,seconded by Council Member Wilson, City Council,APPROVED, AS CONDITIONED,AS AMENDED,Application of CEBT PROPERTIES,LLC/VB HOMES DESIGN BUILD,LLC for a Conditional Use Permit re short-term rental at 400A 27th Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CEBT PROPERTIES, LLC/VB HOMES DESIGN BUILD, LLC for a Conditional Use Permit re short-term rental at 400A 27`h Street (GPIN 24280004980001)DISTRICT 6—BEACH The following conditions shall be required: 1. A perpetual cross access parking easement, as illustrated in the "Site Layout and Parking Plan"section of the staff report, shall be properly recorded after review and approval by the city attorney's office. 2. The following conditions apply to the unit on the property requesting this Short Term Rental conditional use permit. A separate conditional use permit and/or modification, as necessary, must be obtained for any additional units on the site wishing to operate as a Short Term Rental. 3. Short Term Rental shall only occur in the principal structure addressed as unit 400A 27th Street. 4. If additional impervious parking area is added on the property, a site plan shall be submitted to the Development Services Center (DSC) and Zoning Administration of the Planning and Community Development Department for review of the stormwater management and maximum allowable impervious cover. Any improvements related to the stormwater management shall be installed, inspected and deemed acceptable by the Permits and Inspections Division of the Planning Department prior to issuance of a conditional use permit and issuance of a Business License/registration for use as a Short Term Rental. 5. As depicted on the floor plan titled, "400 Unit A 27th Street, VB Homes -Builder," prepared by Residential Designs,LTD., and dated June 5, 2018, the first(1s9 floor "media room"shall not be used as a bedroom when the home is being used as a Short Term Rental. 6. While this conditional use permit is active, no Residential Parking Permit Program(RPPP) passes shall be issued for the subject dwelling unit. February 4, 2020 54 ITEM—VI-K.5 PLANNING ITEM#70046 (Continued) 7. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of the Conditional Use Permit will be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal ofany conditional use permit for a Short Term Rental,where it has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 8. No events with more than the permitted number of people who may stay overnight (#Bedrooms x3)shall be held at the Short Term Rental and the property it is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 10. If, or when, the ownership of the property changes, it is the seller's responsibility to note the new property owner of requirements "a"through "c"below. This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six (6) months of the property real estate transaction closing date: a. A completed Department of Planning and Community Development Short Term Rental registration form; b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million. 11. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 13. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. February 4, 2020 55 ITEM—VI-IC 5 PLANNING ITEM#70046 (Continued) 14. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 15. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons occupying unit 400A after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be nine (9) individuals (three (3) individuals per bedroom). 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 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 February Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones, and John D.Moss Council Members Absent: None February 4, 2020 lr- __- r i ice. - r-.7--= A ,.. V-----'--Ck''*-- -----7:-\--- --\ .....,e4.1' %ii _r_-- ...15 , 'r _ k. lL U ...,,,,,:_,.._\ \:-.1-1‘ V ' 177 ' 3____ bi N uO ___---- ---------- ' . \ ro l-__-C\_-_--- ..r.---,,'\%\r`.1ip,li06p' \ -:""t''. 0-' ----tn---.4.- -- } n__I_ -1<-A.141"--- -- - v j ,�l _� x � _ S N ti t1 - _ Cd 4 4 r 4 _ O venue — V 1 cu - .�--, ,'� s r � CD �� �/� , \''' � c ',2.1---' -----7 , \ t\ ,t,', I _ 0- 4". 0 N o 0 =_ 10 I • d s o 5.-----1 -- 0 __. ----------.:11::-:::: -UVIINt z_ ca _e _ .. i- - --i."."' a) -0 ---0 (1) O. cn rn N a m 56 ITEM—VI-K.6a PLANNING ITEM#70047 The following registered to speak: Eddie Bourdon, 4429 Bonney Road#500, Phone: 499-8971, Attorney for Applicant, spoke in SUPPORT Lisa Eure, 402 27th Street, Phone:286-2656, spoke in SUPPORT Joyce Cico, 400 261/2 Street, spoke in SUPPORT George Cico, 402 26'%Street, spoke in SUPPORT Faye Market spoke in SUPPORT Frank Ramaekers, Phone: 961-5916, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower,seconded by Council Member Abbott, City Council,APPROVED, AS CONDITIONED, AS AMENDED, Application of C AND C DEVELOPMENT COMPANY for a Conditional Use Permit re short-term rental at: a. 2416 Arctic Avenue (Deferred from January 7, 2020) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA C AND C DEVELOPMENT COMPANY for a Conditional Use Permit re short-term rental at 2416 Arctic Avenue (Deferred from January 7, 2020) (GPIN 2427092770)DISTRICT 6—BEACH The following conditions shall be required: 1. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2) residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 2. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 3. No events with more than the permitted number of people who may stay overnight (#Bedrooms x3)shall be held at the Short Term Rental and the property it is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the short term rental within thirty (30) minutes. Physical response to the site of the short term rental is not required. February 4, 2020 57 ITEM—VI-K 6a PLANNING ITEM#70047 (Continued) 5. If the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a" through "c" below. This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six (6) months of the property real estate transaction closing date: a. A completed Department of Planning and Community Development Short Term Rental registration form; b. Copies of the Commissioner of Revenue's office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million. 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 9. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 10. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 11. There shall be no outdoor amplified sound after 10:00p.m. or before 10.•00 a.m. 12. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be nine(9) individuals(three (3) individuals per bedroom). 13. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 14. The required parking must be installed as per the approved drawings within thirty (30) days after the approval of the conditional use permit and shall be constructed of a durable pervious material similar to pervious or grass pavers as approved by the Zoning Administrator. February 4, 2020 58 ITEM—VI-K.6a PLANNING ITEM#70047 (Continued) 15. The existing shed located at the rear of the property shall be removed or moved to meet setback requirements. 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 February Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M. Dyer,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R.Jones, and John D.Moss Council Members Absent: None February 4, 2020 - \ ,„, 1 ::: \\ ____ __,--- , ii) ' y 4 r ��' �" �7 rt \ t\ Le J ' 0.07.7„:_____- � � ______3 't%' ''',\ nue o Me ti\` Mc t ct►c A A►�t�c A*�enue • -^ '� c t co i \ 1,---;.„--, - \%7 titi\ 1,4 Q t ,ita a' \ \\ \ \\.\ \ t, \\ � 6\ \et . - s loll \,7y1\\,) \ \ ':‘ ** 1� ---ram T".r = co \i'\---.4- --- (,---- \\\\\\ I \ 4,,s ' ICC lilt j\, \\ \ Yiir d in lei\ \ V L C o N t\\\\ # Q, v, Y�r Q c c c Y X '''\\ ti VI N d CO \ \' . c Ct \ aa ti tit �- y'`"� ti 59 ITEM—VI-K.6b PLANNING ITEM#70048 The following registered to speak: Eddie Bourdon, 4429 Bonney Road#500, Phone: 499-8971, Attorney for Applicant, spoke in SUPPORT Lisa Eure, 402 27th Street, Phone: 286-2656, spoke in SUPPORT Joyce Cico, 400 261/Street, spoke in SUPPORT George Cico, 402 261/Street, spoke in SUPPORT Faye Market spoke in SUPPORT Frank Ramaekers, Phone: 961-5916, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower,seconded by Council Member Abbott, City Council,APPROVED, AS CONDITIONED, AS AMENDED, Application of C AND C DEVELOPMENT COMPANY for a Conditional Use Permit re short-term rental at: b. 403 25th Street(Deferred from January 7, 2020) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA C AND C DEVELOPMENT COMPANY for a Conditional Use Permit re short-term rental at 403 25th Street (Deferred from January 7, 2020) (GPIN 2427091966)DISTRICT 6—BEACH The following conditions shall be required: 1. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2) residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 2. The approval of this conditional use permit shall expire five (5) years from the date of approval. The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notes the City Council in writing prior to the renewal of any conditional use permit for a Short Term Rental, where it has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 3. No events with more than the permitted number of people who may stay overnight (#Bedrooms x3)shall be held at the Short Term Rental and the property it is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. February 4, 2020 60 ITEM—VI-K.6b PLANNING ITEM#70048 (Continued) 5. If the ownership of the property changes, it is the seller's responsibility to notes the new property owner of requirements "a" through "c" below. This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six (6) months of the property real estate transaction closing date: a. A completed Department of Planning and Community Development Short Term Rental registration form; b. Copies of the Commissioner of Revenue's office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million. 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 9. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 10. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 11. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m. 12. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be twelve(12)individuals(three(3)individuals per bedroom.) 13. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each short term rental. February 4, 2020 61 ITEM—VI-I.6b PLANNING ITEM#70048 (Continued) 14. The required parking must be installed as per the approved drawings prior to occupancy and operation as a Short Term Rental. An acceptable site plan shall be submitted to the Development Services Center (DSC) and Zoning Administration of the Planning Department for review of stormwater management and maximum allowable impervious cover review relating to any additional parking area added to the lot beyond what was depicted on the site plan approved in 2017, or any other requirements that arise as a result of the parking space configuration. Any improvements related to the stormwater management shall be installed and inspected and accepted by the Permits & Inspections Division of the Planning Department prior to occupancy as a Short Term Rental. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4th day of February Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R.Jones, and John D. Moss Council Members Absent: None February 4, 2020 \\c\\\_ .,_,.___ ell:\ ti oil _ .• ce .-,, lk 0 0 \ Ti-, .,-5- - iligkAL \ cu 1 N CCI,\ \\ ta NI 't •• \ \ _ 0 7 Q p t< <n OO • e , '--- ,IN G eino / 1\ L-------- a. ti t ego \',—~ mod N_____--- - \ 1_ •--- lk \ r. \\\ 1 °I. \ \fa tit. -% 0 ci �,___, li ,..., ,--- --t\ (-,. \ ,,,,,,, 3 � ti �N.. . d o 1,,, i, , \\\_ \ \4 ri \\\' 0 •Cr 13 3 ti cc j ti 40 A �y Q _C�"� � . �M= �N ... Oil r ' ,0 \__, . . , \ . X . _ , , . , \, ., \\,„ ,,______ . \,,, _ .., . I f . 46 \It l \\ \ 7 .,,_ \ ,,, cr) 0, cz) 2 r__---Q 11010 0 4'ti J o coo 5 + \ cn N Q. m ray i aa 62 ITEM—VI-K.7 PLANNING ITEM#70049 The following registered to speak: Joshua Lippoldt,Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, declined to speak Upon motion by Council Member Tower,seconded by Council Member Wilson, City Council,APPROVED, AS CONDITIONED,AS AMENDED, Application of JOSHUA LIPPOLDTfor a Conditional Use Permit re short-term rental at 2508 Mediterranean Avenue (Deferred from January 7, 2020) DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JOSHUA LIPPOLDT for a Conditional Use Permit re short-term rental at 2508 Mediterranean Avenue (Deferred from January 7, 2020) (GPIN 2417991703)DISTRICT 6—BEACH The following conditions shall be required: 1. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2) residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 2. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 3. No events with more than the permitted number of people who may stay overnight (#Bedrooms x3)shall be held at the Short Term Rental and the property it is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the short term rental within thirty (30) minutes. Physical response to the site of the short term rental is not required. February 4, 2020 63 ITEM—VI-K.7 PLANNING ITEM#70049 (Continued) 5. If the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a" through "c" below. This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six (6) months of the property real estate transaction closing date: a. A completed Department of Planning and Community Development Short Term Rental registration form; b. Copies of the Commissioner of Revenue's office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 9. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 10. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 11. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 12. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be nine (9) individuals(three (3) individuals per bedroom). 13. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 14. The existing shed located at the rear of the property shall be removed, or moved to meet setback requirements. February 4, 2020 64 ITEM—VI-K 7 PLANNING ITEM#70049 (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 February Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi,Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones, and John D. Moss Council Members Absent: None February 4, 2020 L I ,• A ` cw 1 ,* \ \ g r, `—S r---� t I_Jf -- +►' C'_:,- v a. }4 ____ 1 t� u' N Jam` ' \ \ N r---_,�.. `r" __..--- d ''\ \ \ JO \ \ 1.-- or Q -� \_____\ di \\\\ z., 43 - ; _ . ---\ -:=7------\ \ I„, 4 , cu CD � � ! fn •—\..__„__.:\ I , ‘ 4 Ci _I aA t co L 4 , „\ = (1) t S . ' --- ' - \ 0 \ 1 CO in 4 k la LAB `-1- 1 - \ _ 4,0 \--- .‘ .:-.1_- ____ -I \ . . t \ 4AON i 1 l y I\ 'I LY.) ' = s — I' it�a. _... I C ' _ , _J I k 11 . --"It, , „ , , .2 t try `i ;_Y'l \\ \\ 1.,._...,1:3,. ►� 1 1 fn ' - '\ ' \ \ \ % A .1 1 t, 4--- e G _ 4' 0 �, 1, ,,, \ \'%, 4.0 ?„,.' In .1‘\ i, - t 'V 454 14\141 --------‘ ,„ 4 a. ' ILL fit'' -.I as \ \ \ +.' co 'a 1 m \' ty q , :- //y�am.` t „ t, �S Y• , ,t W _ 7 1\\ t\ ,1g i, - ,.‘--.., \ \ ''''',\\,\ i ,,,.M '1 \ \ \\ 1) (1) ___ , ,..,.-__-----, _ , v, . , 1., _ ____, ,,,, ,n,:_, , % , . ._ .- 3 0.) -a •K F-- cn NJ Ct. CD {/11 - .., :. it `- .... 0., i 65 ITEM—VI-K.8 PLANNING ITEM#70050 The following registered to speak: Armando Ellis, Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, declined to speak Upon motion by Council Member Wooten, seconded by Council Member Rouse, City Council, APPROVED,AS CONDITIONED,AS AMENDED, Application of ARMANDO& PATRICL4 ELLIS for a Conditional Use Permit re short-term rental at 901 Park Landing Court DISTRICT 1 — CENTERVILLE(Deferred from January 21, 2020) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ARMANDO&PATRICIA ELLIS for a Conditional Use Permit re short- term rental at 901 Park Landing Court(Deferred from January 21, 2020) (GPIN 1475528133)DISTRICT 1 —CENTERVILLE The following conditions shall be required: 1. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notes the City Council in writing prior to the renewal of any conditional use permit for a Short Term Rental, where the short-term rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 2. No events with more than the permitted number of people who may stay overnight (#Bedrooms x3)shall be held at the Short Term Rental and the property it is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 3. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the short term rental within thirty (30) minutes. Physical response to the site of the short term rental is not required. 4. If the ownership of the property changes, it is the seller's responsibility to notes the new property owner of requirements "a" through "c" below. This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six (6) months of the property real estate transaction closing date: a. A completed Department of Planning and Community Development Short Term Rental registration form; b. Copies of the Commissioner of Revenue's office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million. February 4, 2020 • 66 ITEM—VI-K.8 PLANNING ITEM#70050 (Continued) 5. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 6. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 7. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 8. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 9. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 10. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 11. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be twelve(12)individuals(three(3)individuals per bedroom). This Ordinance shall be effective in accordance with Section 107 f of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4111 day of February Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi,Mayor Robert M. Dyer, Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones, and John D. Moss Council Members Absent: None February 4, 2020 \\ 49 o` ii y • ..„.• ..„.-----\\ , .,c - , s. �tl� ic .,,,,-- < \ , o ., ;0:3 e _ .._. ..., ....0., - ,,,,,,,,, .1.- Q S\ „----- '')' i e\ ' .„--;;----,---------- ....., : ii-..,,, , : ; ; fe, -7 „.„--- c..-.. _ ..,__, YJ-1 ___ ,---1f / J4 _____--- .,. 1 0 ---\_------- o ___ i , , its ,_, co 1 , . . ' '''N‘ -- 1: i"' i I .. . \ N U ff_ .-.-__ %.. \ . Q C H T- LiIIiI7 / I 91 a v o r' c c a_ 0) 2) Er) g° 4.) .b - -§ J 0 a m W 67 ITEM—VI-K.9 PLANNING ITEM#70051 The following registered to speak: John Gribble,Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Council Member Rouse, City Council, APPROVED,AS CONDITIONED,AS AMENDED,Application of JOHN BRADLEY GRIBBLE for a Conditional Use Permit re short term rental at 512 9th Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JOHN BRADLEY GRIBBLE for a Conditional Use Permit re short term rental at 512 9th Street(GPIN 2427049021)DISTRICT 6—BEACH The following conditions shall be required: 1. The approval of this Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Renal, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 2. No events with more than the permitted number of people who may stay overnight (#Bedrooms x3)shall be held at the Short Term Rental and the property it is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 3. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 4. If or when the ownership of the property changes, the new property owner shall provide the updated information (a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property; otherwise, the use of the Short-Term Renal shall be null and void: a. The owner/operator contact information; b. Registration with the Commissioner of Revenue's Office; and c. Proof of liability insurance. February 4, 2020 68 ITEM—VI-K.9 PLANNING ITEM#70051 (Continued) 5. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 6. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (reworks), and a copy of any approved parking plan. 7. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 8. Accessory structures shall not be used or occupied as Short Term Rental. 9. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 10. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 11. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 12. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 13. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be nine(9) individuals(three (3) individuals per bedroom.) 14. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4th day of February Two Thousand Twenty. February 4, 2020 69 ITEM—VI-K.9 PLANNING ITEM#70051 (Continued) Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones, and John D. Moss Council Members Absent: None February 4, 2020 /-69.M Q ,,, \ y , cp co CD \ _.. i 1 O r 1------------\ 1, , • .,,... \ Ott h 40 t \\%,.‘14\1\ I Lit II)- r1 - — 1 �n S} _ ¢ 1 1 1 4 5 ,,,,,mot if, f�,'1 } ar 1, ,1 ', ,___\ 11 ;1j 1 - —-^� _v - tt N s Q 1 o N — c o e— as J _�� ,.1 o 6 cn NI a m 70 ITEM—VI-KC 10 PLANNING ITEM#70052 The following registered to speak: Willynne Simmons, Applicant, 1804 Baltic Avenue#B, Phone: 804-986-5444, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Kathy Runkle, 316 26th Street, Phone: 434-1691, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Council Member Wilson, City Council, APPROVED,AS CONDITIONED,AS AMENDED,Application of WILLYNNE E. SIMMONS for a Conditional Use Permit re short term rental at 1804B Baltic Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA WILLYNNE E. SIMMONS for a Conditional Use Permit re short term rental at 1804B Baltic Avenue (GPIN 24270722820000) DISTRICT 6— BEACH The following conditions shall be required: 1. The following conditions apply to the unit requesting a Short Term Rental Conditional Use Permit. Short Term Rental shall only occur in the principal structure addressed as 1804B Baltic Ave. 2. The garage space within the unit must remain a minimum of nine (9)feet by eighteen (18)feet, contain a minimum eight (8) foot wide vehicle entryway opening, and be accessible to the Short Term Rental tenants. 3. As depicted on the approved Parking Plan photographs submitted by Willynne E.Simmons to the Department of Planning and Community Development on November 18, 2019 for 1804 Baltic Avenue, Unit B, all three(3)required on-site parking spaces must be available to the occupants of the Short Term Rental and be maintained with an all-weather surface. 4. An appropriate stormwater site plan must be submitted to the Department of Planning and Community Development - Development Services Center Division for review if the applicant would like to keep the compacted gravel area shown on the parking plan photographs submitted by the applicant with the Conditional Use Permit application. If approval is not granted by the Department of Planning and Community Development- Development Services Center Division, then the compacted gravel area must be restored to its original state as shown on the site plan created by John E. Siren and Associates, dated March 21, 2016, (with an as-built date of May 29, 2019), and tiled, "Site Plan of Lot 10-A, Resubdivision of Lot 9, 10 and Lot 11, Block B, Plat of Property of Virginia Beach Park Corp for K&B Construction,"which is on file with the Department of Planning and Community Development within record numbers 2019-DSC-00257 and 2019-DDSC- 009500 February 4, 2020 71 ITEM—VI-M.10 PLANNING ITEM#70052 (Continued) 5. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2) residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 6. Unless a field change or other site plan modification is approved by the Planning Director, all required tree canopy, landscaping, and outdoor amenity space improvements as shown on sheet six (6) of the site plan approved by the Development Services Center Division of the Planning and Community Development Department and more specifically titled, "Landscape Plan," created by Pauline Hundley of Four Seasons Nursery for John E. Sirine and Associated on January 18, 2017, shall remain in place and be maintained in good condition. 7. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however, the Department of Planning and Community Development shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where it has been the subject of neighborhood complaints, violations of its conditions, or violations of any building, housing, zoning,fire, or other similar codes. 8. No events with more than the permitted number of people who may stay overnight (#Bedrooms x3)shall be held at the Short Term Rental and the property it is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 10. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a"through "c"below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date: a. A completed Department of Planning and Community Development Short Term Rental registration form; b. Copies of the Commissioner of Revenue's office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million. February 4, 2020 72 ITEM—VI-M.10 PLANNING ITEM#70052 (Continued) 11. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 13. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 14. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 15. Accessory structures shall not be used or occupied as Short Term Rental. 16. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 17. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 18. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be three (3) individuals per bedroom. 20. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 21. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be nine(9) individuals(three (3) individuals per bedroom.) February 4, 2020 73 ITEM—VI-M.10 PLANNING ITEM#70052 (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 4rh day of February Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones, and John D. Moss Council Members Absent: None February 4, 2020 z-61E), • .YJ (L C) A. k .1,-, A_' ' - - C_] CZ W \ ., 0 ..‘ '* : 4.0 (1) r:' ......# ..,i \ ... to \\ 0 Ce _-, Il l CA • y� cv t r ��,�ti� Ayes y __ y __ --____ ‘tie �` � � _ ea -- - -- '"~' N O 0 C 'E.' E a) v.„-----\ 471 0 CI co \\,,\\-------1\'3\ ' W co V-1\ . 5 Cco cal �::.-- 1 co _...111-1X-3.----...\--' V-------\ _______________)_______---- cf) ', ,. li ------ \-0 \ '',\ -------\ pC -- fr- a d I OS 74 ITEM—VI-K.11 PLANNING ITEM#70053 The following registered to speak: Souad Belmadani,Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, declined to speak Upon motion by Council Member Tower,seconded by Council Member Abbott, City Council,APPROVED, AS CONDITIONED, AS AMENDED, Application of SOUAD BELMADANI for a Conditional Use Permit re short term rental at 1804C Baltic Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SOUAD BELMADANI for a Conditional Use Permit re short term rental at 1804C Baltic Avenue(GPIN 24270722830000)DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions apply to the unit requesting a Short Term Rental Conditional Use Permit. Short Term Rental shall only occur in the principal structure addressed as 1804C Baltic Ave. 2. The garage space within the unit must remain a minimum of nine (9)feet by eighteen (18) feet, contain a minimum eight(8)feet wide vehicle entryway opening, and be accessible to the Short Term Rental tenants. 3. As depicted on the Zoning Administrator approved Parking Plan titled "Parking Plan for 1804 Baltic Av, Unit C, " dated November 14, 2019 and created by Souad Belmadani, a minimum of three(3)on-site parking spaces must be available to the occupants of the Short Term Rental and be maintained with an all-weather surface. 4. An appropriate site plan must be submitted to the Department of Planning and Community Development - Development Services Center Division for review if the applicant would like to keep the compacted gravel area shown on the parking plan located on page four(4) of the submitted Conditional Use Permit application. If approval is not granted by the Department of Planning and Community Development-Development Services Center Division, then the compacted gravel area must be restored to its original state as shown on the site plan created by John E. Siren and Associates, dated March 21, 2016, (with an as-built date of May 29, 2019), and tiled, "Site Plan of Lot 10-A, Resubdivision of Lot 9, 10 and Lot 11, Block B, Plat of Property of Virginia Beach Park Corp for K&B Construction, " which is on file with the Department of Planning and Community Development within record numbers 2019-DSC-00257 and 2019-DDSC-009500. February 4, 2020 75 ITEM—VI-K.11 PLANNING ITEM#70053 (Continued) 5. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2) residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 6. Unless a field change or other site plan modification is approved by the Planning Director, all required tree canopy, landscaping, and outdoor amenity space improvements as shown on sheet six(6) of the site plan approved by the Development Services Center Division of the Planning and Community Development Department and more specifically titled, "Landscape Plan," created by Pauline Hundley of Four Seasons Nursery for John E. Sirine and Associated on January 18, 2017, shall remain in place and be maintained in good condition. 7. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however, the Department of Planning and Community Development shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where it has been the subject of neighborhood complaints, violations of its conditions, or violations of any building, housing,zoning,fire, or other similar codes. 8. No events with more than the permitted number of people who may stay overnight (#Bedrooms x3)shall be held at the Short Term Rental and the property it is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 10. If, or when, the ownership of the property changes, it is the seller's responsibility to notes the new property owner of requirements "a"through "c"below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date: a. A completed Department of Planning and Community Development Short Term Rental registration form; b. Copies of the Commissioner of Revenue's office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million. February 4, 2020 76 ITEM—VI-K.11 PLANNING ITEM#70053 (Continued) 11. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 13. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 14. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 15. Accessory structures shall not be used or occupied as Short Term Rental. 16. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 17. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10.•00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be nine(9) individuals(three (3) individuals per bedroom.) 20. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. The garage space within the unit must remain a minimum of nine (9)feet by eighteen (18)feet, contain a minimum eight (8)foot wide vehicle entryway opening, and be accessible to the Short Term Rental tenants. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4th day of February Two Thousand Twenty. February 4, 2020 77 ITEM—VI-If.11 PLANNING ITEM#70053 (Continued) Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones, and John D. Moss Council Members Absent: None February 4, 2020 ,, �� �, , II • _. , _ _......- ' __ ______ , ,____ _ ,,,_-____,,A _:_____,----- ce _______ . ,,,..____ , \\, , , „: , „ __., .,,‘- \ nw © ___„:„...._ 00 'y 9 111 __ r' \ 4r. yti' 1i tti illiiiiillillif i 0 i i \ \\ %\\ % etalt;c I A____,, .7t,- ,. l', ::-C iii ii \\''-.' \____-------- ,,,\ ‘,\\,__3., 7--::::wo:-----.---,-.--.--.--.--.---,-..kN:0-..-k 2 00*10. 7. M ti _ _ . � _ i.E.a—:,, \___\_______0r_me_____-____- 1 s i>0=c„, o o0 ,,s,y__ 0 9 ,„ _____________ ___ \\ co \ . , ,__.\::: \\________r___Trt4 1., _..,...........-- ) \ ...\ 4.0 \,,,t_ s - , ____ \ ,,\\ N o Io a m 78 ITEM—VI-K.12 PLANNING ITEM#70054 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Council Member Wilson, City Council, DEFERRED INDEFINITELY, Application of ELIZABETH ANNE GREGORYfor a Conditional Use Permit re short-term rental at 635 South Atlantic Avenue DISTRICT 6—BEACH Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None February 4, 2020 79 ITEM—VI-K.13 PLANNING ITEM#70055 The following registered to speak: Caroline Harrison,Applicant, 909 Brandon Road, Phone 570-1374, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Council Member Wilson, City Council, APPROVED,AS CONDITIONED,AS AMENDED, Application of COASTAL ACCOMMODATIONS, LLC/CHRISTOPHER HOLBERT for a Conditional Use Permit re short-term rental at 63616`h Street DISTRICT 6—BEACH COASTAL ACCOMMODATIONS,LLC/CHRISTOPHER HOLBERT for a Conditional Use Permit re short-term rental at 636 16th Street (GPIN 2417965182)DISTRICT 6—BEACH The following conditions shall be required: 1. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2) residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 2. The garage must remain open to allow one(1)parking space. 3. The approval of this Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events with more than the permitted number of people who may stay overnight (#Bedrooms x3)shall be held at the Short Term Rental and the property it is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If or when the ownership of the property changes, the new property owner shall provide the updated information (a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property; otherwise, the use of the Short Term Rental shall be null and void: a. The owner/operator contact information; b. Registration with the Commissioner of Revenue's Office; and c. Proof of liability insurance. February 4, 2020 80 ITEM—VI-K.13 PLANNING ITEM#70055 (Continued) 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00p.m. or before 10.•00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be nine(9) individuals(three (3) individuals per bedroom.) 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4`" day of February Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R.Jones, and John D. Moss Council Members Absent: None February 4, 2020 i lc ®.:,) -___\\ _______i, \ iv____________ .. 0 t yt v-----\ i Q 5 5 S 0 \,..................„..\ (.0 _... JO. '1 _---------- \ 0.'-'..----1,----'"'" 0 \� aC-1\10 '' ; c� _ V , J mml � co,\ : , \,\,i �.. j} \ U et) t _\,%, f pveCA ue :�' GV press may__,.__ cz y _ - ��-- U f a. ,iefl g iN G S_ _,---—---- \ \OS' s ti -t J CO ' '\'- \\C3\-\ :it a j j \._&\ \ _ .\3' .Z I tn v..,..,A, ; 1 \ A e- - o 0 N a m 81 ITEM—VI-K.14 PLANNING ITEM#70056 The following registered to speak: Sam Ryan,Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower,seconded by Council Member Rouse, City Council, APPROVED, AS CONDITIONED, AS AMENDED, Application of TARA RYAN for a Conditional Use Permit re short-term rental at 933 Pacific Avenue, Unit B DISTRICT 6—BEACH TARA RYAN for a Conditional Use Permit re short-term rental at 933 Pacific Avenue, Unit B(GPIN 24272444111205)DISTRICT 6—BEACH The following conditions shall be required: 1. A second (2nd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 2. Applicant shall provide monthly verification of parking pass. 3. The approval of this Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events with more than the permitted number of people who may stay overnight (#Bedrooms x3)shall be held at the Short Term Rental and the property it is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If or when the ownership of the property changes, the new property owner shall provide the updated information (a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property; otherwise, the use of the Short Term Rental shall be null and void: a. The owner/operator contact information; b. Registration with the Commissioner of Revenue's Office; and c. Proof of liability insurance. February 4, 2020 82 ITEM—VI-K.14 PLANNING ITEM#70056 (Continued) 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 f reworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be six(6) individuals(three (3) individuals per bedroom.) 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. This Ordinance shall be effective in accordance with Section 107f of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4t1i day of February Two Thousand Twenty. February 4, 2020 83 ITEM—VI-K.14 PLANNING ITEM#70056 (Continued) Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None February 4, 2020 __ - .---. __----177 --- - , \-- '- ‘ 117; '%.1.,..i _--- ----- iix ,- V___ Is -3 ---------k..____, -a-; Ce - a) •-..1 ___=---1-----1 - -- eil ue , • - Pktiall tic r' OD f .--- -_-------1:----- ,--- ---... =-- _-- -- C\J ! MR \ ' V • ____------ ------ c, 160.. ce 0),... , . .... 0 .... ,, ____•• c ) ,... .,, .... ,-_, tn 1.- 4.. ,,,,, ...,, • cr) 0 ett- . \ . 43) C = CC1 c >. 0 ct > C.) _ = Men U e .....______ ........ci,,c .•._-- CL co) _-- -----7-- ._- -------1-."-- - 0) - ------- -: ------ 'NI .___---- -1 •zr C IX - a) 1 > 0 i ..1 f o 1 iz I a) CO I I 1Ili I / 7/)" Le) ai 1 c> it C 0 I III / ID 75 -.I CO 1 a) 4, g •c •c t. I I I luw 1 li N a. m ...._,6,--'n_..... i IT 1 I ', i • , .. \ Oa 0 84 ITEM—VI-K.15 PLANNING ITEM#70057 The following registered to speak: Michael Matthews,Applicant, 925 Baillio Drive, Phone: 620-6202, spoke in SUPPORT Sandi Vakos, 925 Baillio Drive, Phone: 777-6451, spoke in SUPPORT Barbara Messner, P. O. Box 514, declined to speak Upon motion by Council Member Tower,seconded by Council Member Rouse, City Council, APPROVED, AS CONDITIONED, AS AMENDED, Application of MICHAEL MATTHEWS for a Conditional Use Permit re short-term rental at 425 Lakewood Circle DISTRICT 6—BEACH MICHAEL MATTHEWS for a Conditional Use Permit re short-term rental at 425 Lakewood Circle (GPIN 2427059785) DISTRICT 6 — BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 425 Lakewood Circle and the Short Term Rental use shall only occur in the principal structure. 2. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2) residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events with more than the permitted number of people who may stay overnight (#Bedrooms x3)shall be held at the Short Term Rental and the property it is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. February 4, 2020 85 ITEM—VI-K.15 PLANNING ITEM#70057 (Continued) 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date: a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be six(6) individuals(three (3) individuals per bedroom). 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. February 4, 2020 86 ITEM—VI-K.15 PLANNING ITEM#70057 (Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4`" day of February Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi,Mayor Robert M. Dyer,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones, and John D. Moss Council Members Absent: None February 4, 2020 i t _ l Q ,, \ . 1.- . \ • , y LC? ‘9 , • N\ / a N / 411 -\\N‘Sils,... -_,...:„ N, ....' - - . ` , ./ ;/ 4..\\WN , .11A, ------,1-„,,-..„,„.....„ ,i :4,\011. N1\41111P 4.----. = "Cl' ci: 4 titi J ° ` I/ ------„,,„,,,,T------)...„ ..4\ J m \' / -„, .., A \\ \'-\k \ ,-,\ ____ , , ,_____ ,___ ,(,„ ..._ , , , ,, ,,, , __ . .. Lo , , ____________ 1,., , _ _________ ,,, ,, __: , ,S- ' '''' 11,"_______\\ __ , , , ___ _...._ , __ rar _ _ p, tle_ „., , _ . ,,, IT e n ,.. . _______,- ,,, , , rii .00 ` Illi c ', \ >,0 pl e CO e la) ----- ....,..... 1, \\ G S , 87 ITEM—VI-K16 PLANNING ITEM#70058 The following registered to speak: Lawrence Kliewer,Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Council Member Wilson, City Council, APPROVED, AS CONDITIONED, AS AMENDED, Application of LAWRENCE W. KLIEWER & BRUCE E.PENSYL/OCEANFRONT ESCAPE,LLCfor a Conditional Use Permit re short-term rental at 4005 Atlantic Avenue, Unit 203 DISTRICT 6—BEACH LAWRENCE W. KLIEWER & BRUCE E. PENSYL/OCEANFRONT ESCAPE,LLCfor a Conditional Use Permit re short-term rental at 4005 Atlantic Avenue, Unit 203 (GPIN 2427059785)DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 203. 2. As depicted on the Parking Plan titled "4005 Atlantic Ave. Unit 203-Designated Parking Space#33,"submitted by Lawrence Kliewer to the Planning and Community Development Department and approved by the Zoning Administrator on November 19, 2019,a minimum of one (1) off-street parking space must be made available to the Short Term Rental occupants of Unit 203 and be a maintained all-weather surface. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions, or violations of any building, housing, zoning,fire or other similar codes. 4. No events with more than the permitted number of people who may stay overnight (#Bedrooms x3)shall be held at the Short Term Rental and the property it is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. February 4, 2020 88 ITEM—VI-K.16 PLANNING ITEM#70058 (Continued) 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notes the new property owner of requirements 'a'through `c'below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date: a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and owner/operator contact information; b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. February 4, 2020 89 ITEM—VI-K.16 PLANNING ITEM#70058 (Continued) This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4`h day of February Two Thousand Twenty. Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None February 4, 2020 1.--i .i.i a __.--------------------- `.. _--------- .., iiIIT --_---___ r- w, ON N,\ >+ c--.. -----------\S , ,\\\ --\ • 0 4.4 = D ----- --- . &- \--.-------. (---------O ,- 0 CO cD V ' Sier 1... > 0 < .-------- ;1‘ .0.%100 - — 0 0 —4,-; •411r.. \ . .....•- =.=. C otie taN ent.te cz • -,:------- / _ --1 - § 4..,:i. ,,...- ' --• I , \ \ . a) "" c.) a cli C gatt 0 ....-------\ . , . , . .. 4-, 3 ,..„------ e ix ..... .„,----- 0 0 , ,--- .. Q--- --- _v _..... ..T , __,------- , , .... . -1 \ i . . , c v (f) r9 m 5 . 4 co ----------- — 90 ITEM—VI-K.17 PLANNING ITEM#70059 The following registered to speak: Linda Urgo,Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, declined to speak Upon motion by Council Member Tower, seconded by Council Member Wilson, City Council, APPROVED, AS CONDITIONED, AS AMENDED, Application of LINDA URGO for a Conditional Use Permit re short-term rental at 4005 Atlantic Avenue, Unit 107 DISTRICT 6—BEACH LINDA URGO for a Conditional Use Permit re short-term rental at 4005 Atlantic Avenue, Unit 107(GPIN 2428051448)DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 107. 2. As depicted on the Parking Plan titled "Oceans II Parking Lot Space Assignments,"dated May 2019, and submitted by Linda Urgo to the Planning and Community Development Department, a minimum of one(1)on-site parking space must be a maintained all-weather surface and be made available to the Short Term Rental occupants of unit 107. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events with more than the permitted number of people who may stay overnight (#Bedrooms x3)shall be held at the Short Term Rental and the property it is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. February 4, 2020 91 ITEM—VI-K.17 PLANNING ITEM#70059 (Continued) 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date: a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (res on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10.:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. February 4, 2020 92 ITEM—VI-K.17 PLANNING ITEM#70059 (Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4`h day of February Two Thousand Twenty. Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None February 4, 2020 to i pp� 8 ,� I o v ' t c \\Lie N0 0 4) 1111114Ski y , �� .� al Q �, V V .,\....,,- ,A . . \ , , •_... = CZ - i i to Tr - \ \ \ i �p've . i �a�ti 1 OC CD -,"-'''''''''' 0..„/"."--' \ ' ' ' i 1 13 C) 11 ''' t rn NJ a CD 93 ITEM—VI-K.18 PLANNING ITEM#70060 The following registered to speak: Robert Stevenson,Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Council Member Wilson, City Council, APPROVED, AS CONDITIONED,AS AMENDED, Application of ROBERT L. STEPHENSON, JR./ RYAN DUNLAP for a Conditional Use Permit re short-term rental at 940 Indian Circle DISTRICT 6— BEACH ROBERT L. STEPHENSON, JR./RYAN DUNLAP for a Conditional Use Permit re short-term rental at 940 Indian Circle(GPIN 2417835489) DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 940 Indian Circle and the Short Term Rental use shall only occur in the principal structure. 2. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 3. No events with more than the permitted number of people who may stay overnight (#Bedrooms x3)shall be held at the Short Term Rental and the property it is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 5. If, or when, the ownership of the property changes, it is the seller's responsibility to notes the new property owner of requirements 'a'through `c'below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six(6) months of the property real estate transaction closing date: a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million. February 4, 2020 94 ITEM—VI-K 18 PLANNING ITEM#70060 (Continued) 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (reworks), and a copy of any approved parking plan. 8. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 9. Accessory structures shall not be used or occupied as Short Term Rental. 10. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 11. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 13. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m. 14. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be six(6) individuals(three(3) individuals per bedroom). 15. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4th day of February Two Thousand Twenty. February 4, 2020 95 ITEM—VI-K.18 PLANNING ITEM#70060 (Continued) Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones, and John D.Moss Council Members Absent: None February 4, 2020 i \LiA °................ , �� Ce _a )�-- - r 1I L�, C ti "' L_ , O ,.7, r` 7-------____ / IL__ 1 fJjj Lt -J((7 �rt 1 A' o .. ,. .... .. . ' N, el iftilliftit i a) cz \-N\X\XN:7.1..‘.i 8 „.. ........,_. row 1 z_____ .. imeam... * a Nal ili w:,-,-,t---' . 0 .., _ .„,.... __„;,. 0 r NI----____________ 7 IIIIIIIMM *CZ N1/4 NV\ Rim muk, . ,,, _. . T-- (33 a _ ...... ,--- __ _______ MS t - _ 0 c �' - , ______ -_. 0 m to NJti m ' . a :fA __� ' 96 ITEM—VI-IC.19 PLANNING ITEM#70061 The following registered to speak: Robert Stevenson, Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Council Member Wilson, City Council, APPROVED, AS CONDITIONED,AS AMENDED, Application of ROBERT L. STEPHENSON, JR. for a Conditional Use Permit re short-term rental at 956 Indian Circle DISTRICT 6—BEACH ROBERT L.STEPHENSON,JR.for a Conditional Use Permit re short- term rental at 956 Indian Circle (GPIN 2417834538) DISTRICT 6 — BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 956 Indian Circle and the Short Term Rental use shall only occur in the principal structure. 2. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 3. No events with more than the permitted number of people who may stay overnight (#Bedrooms x3)shall be held at the Short Term Rental and the property it is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 5. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six(6) months of the property real estate transaction closing date: a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million. February 4, 2020 97 ITEM—VI-K.19 PLANNING ITEM#70061 (Continued) 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 fires on the beach), 12-43.2 fireworks), and a copy of any approved parking plan. 8. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 9. Accessory structures shall not be used or occupied as Short Term Rental. 10. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 11. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 13. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 14. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be six(6) individuals(three(3) individuals per bedroom). 15. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4`h day of February Two Thousand Twenty. February 4, 2020 98 ITEM—VI-K19 PLANNING ITEM#70061 (Continued) Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R.Jones, and John D.Moss Council Members Absent: None February 4, 2020 ,,,,, _, ,_ , / ---_ t----_______ ----111Pjers - /.69. ,,, , 'Ili, ,„„___ --- air& --, -:-...--_-_,,,,-,,,,---. _ _,„__,,..,.... , , , , __ . 2.,_.-i ,. , , . ., .,...,„...„. , , , ... . , / ,-__.,,.., _ , _ ,,,, ___ ...,_ ,. ,_-..,, _ --. „--:_. . . _ „,_ .. ,, ,,, - - - - i _______ ___< ___ , l) allilliummiv a ill u- O F .: ' 7.------ -- - C'1 t ( r 1 �r �l ..__- --- o s i F Q S. N f y i III �. , 1._ 1. I-- , . .� 1 ' .1.L.) 1 S\i„..N\4 \11,, NT:7 . X - _ , .... C, CD 0 , ------------.. , -.7:/ C \ i, i 0 ic---- ----J ! .fS a) Indian Road -.7:1-:'-. -°c - (-,-- _ ,____ _______ ____ .. _______ ,________ ______ ____ ... (1 , . % ,:,,) ...,_ ,..._,,___ t a a I'`"" C _! g Q? C C 1 J tr Na 0 d aa 5 _ n L. 1 99 ITEM—VI-K.20 PLANNING ITEM#70062 The following registered to speak: Lisa Murphy, 440 Monticello Avenue#2200, Phone: 628-5540,Attorney for Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, declined to speak Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council, APPROVED,AS CONDITIONED, Application of TROY PERRY& LESLIE SPASSER for a Conditional Use Permit re short-term rental at 396 58th Street DISTRICT 5-LYNNHAVEN TROY PERRY& LESLIE SPASSER for a Conditional Use Permit re short-term rental at 396 58th Street (GPIN 2419700797) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. The garage must remain open and available to provide two (2)parking spaces. 2. The approval of this Conditional Use Permit shall expire five(5)years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 3. No events with more than the permitted number of people who may stay overnight (#Bedrooms x3)shall be held at the Short Term Rental and the property it is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 5. If or when the ownership of the property changes, the new property owner shall provide the updated information (a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six(6)months from the real estate transaction closing date on the property; otherwise, the use of the Short Term Rental shall be null and void: a. The owner/operator contact information; b. Registration with the Commissioner of Revenue's Office;and c. Proof of liability insurance. February 4, 2020 100 ITEM—VI-K.20 PLANNING ITEM#70062 (Continued) 6. To the extent permitted by state law, each Short Term Renal must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 27 and 31-28(solid waste collection), 12-5 Ores on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 9. Accessory structures shall not be used or occupied as Short Term Rental. 10. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short-Term Renal. 11. A Short Term Rental shall have no more than two (2)rental contracts during any consecutive seven (7)day period. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least$1-Million underwritten by insurers acceptable to the City. 13. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m. 14. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be twelve(12)individuals(three(3) individuals per bedroom.) 15. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4th day of February Two Thousand Twenty. February 4, 2020 101 ITEM—VI-K20 PLANNING ITEM#70062 (Continued) Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M. Dyer, Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones, and John D.Moss Council Members Absent: None February 4, 2020 \\.........2.7.- _ •••- ' _ _____ OC t��ad \ \ U, `Ao ___-----"P--------, _.,;,,L.4 . ----\---<-) --v-A;,-y!-:,-----n,--- LL, g W I ,-�--� - s 4-1111).\ f t .-k\A........m 1'; • . ! \- , o \ -\_____:: . \ %ow/ Z 11.11c-o___\yr • ) \ \ \ . Ch / ll ___---, \ N..CU ____ „ \ 0. ... )1. 1\111111111\ ClIC' %-114111.A ik 10 \ (I) 0 1 ' ---- \ , . in ,464.4 ,,, ____\ „,,, , kiN...N \\1, mom 'Ow \ \ . en CO 1;C\ \\ \ , '`.` `y�� �‘� __ _~`- COn so off an ,, �� . won S. CO lel 6. m L of).a a Ism \ \ ...-----.- III I."rrC.... to 4,4 1.10 VI 5 i/�LU y7= it s46 40 CS! E CD ,5- Q� 0) c C V.------ O lO z n CO n1\ , a CO ono: i 102 ITEM—VI-K.21 PLANNING ITEM#70063 The following registered to speak: Kelly Allen,Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, declined to speak Upon motion by Council Member Berlucchi, seconded by Council Member Wilson, City Council, APPROVED, AS CONDITIONED, AS AMENDED, Application of KELLY M. ALLEN for a Conditional Use Permit re short-term rental at 4215 Macarthur Road DISTRICT 3—ROSE HALL KELLY M.ALLEN for a Conditional Use Permit re short-term rental at 4215 Macarthur Road(GPIN 1475974810)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 4215 Macarthur Road and the Short Term Rental use shall only occur in the principal structure. 2. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 3. No events with more than the permitted number of people who may stay overnight (#Bedrooms x3)shall be held at the Short Term Rental and the property it is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 5. If or when, the ownership of the property changes, it is the seller's responsibility to not5 the new property owner of requirements 'a'through `c'below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date on the property; otherwise, the use of the Short Term Rental shall be null and void: a. The owner/operator contact information; b. Registration with the Commissioner of Revenue's Office; and c. Proof of liability insurance. February 4, 2020 103 ITEM—VI-K.21 PLANNING ITEM#70063 (Continued) 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 9. Accessory structures shall not be used or occupied as Short Term Rental. 10. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 11. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 13. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 14. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be six(6) individuals three(3) individuals per bedroom. 15. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4th day of February Two Thousand Twenty. February 4, 2020 104 ITEM—VI-K.21 PLANNING ITEM#70063 (Continued) Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M. Dyer,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones, and John D. Moss Council Members Absent: None February 4, 2020 f �`` L. N \ Z. n • N .. `~ ' � ,. rd\ ;' ~' \ /.r Co oN \ \ 7 -v , , - ,.g 0 0 4 .N..:.,.,,rN/ - , ..., ,, ni alkilt7 N 0 iN, _ . , 0 ,.•,./ 0 ------, N. ,.>-N a: , ?, 0 / r 1 __i-- f - _ Ns 4 / / i o/ t _ , %+ /44\VT :T••• / jf elms 3 ' -,,.„ / 4. / '..,\ M. „fee /4 fr r 10 N ///W N'N,„-N* / .'"/2/ 1 ,/ V / / t � / f ; ,/!- . ff / a n. Y /oq., .1-a) Itlit , 4. 0 f as 0 // co c c /.f //// /j 1 ;/, fib "� p ns 5 J / f� cn N a 105 ITEM—VI-K.22 PLANNING ITEM#70064 The following registered to speak: Sabrina Norad,Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Berlucchi, seconded by Council Member Wilson, City Council, APPROVED,AS CONDITIONED,AS AMENDED, Application of CARLIN CREATIVE CONCEPTS, LLC/OLIVER J. CARLIN for a Conditional Use Permit re short-term rental at 947 Fern Ridge Road DISTRICT 3—ROSE HALL CARLIN CREATIVE CONCEPTS, LLC/ OLIVER J. CARLIN for a Conditional Use Permit re short-term rental at 947 Fern Ridge Road (GPIN 1496025133)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. The following conditions shall only apply to the dwelling addressed as 947 Fern Ridge Road and the Short Term Rental use shall only occur in the principal structure. 2. The garage space within the unit must remain a minimum clear area of nine (9)feet by eighteen (18)feet, contain a minimum eight(8)feet wide vehicle entryway opening, and be accessible to the Short Term Rental tenants. 3. The approval of this Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events with more than the permitted number of people who may stay overnight (#Bedrooms x3) shall be held at the Short Term Rental and the property it is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. February 4, 2020 106 ITEM—VI-K.22 PLANNING ITEM#70064 (Continued) 6. If or when the ownership of the property changes, the new property owner shall provide the updated information (a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six(6) months from the real estate transaction closing date on the property; otherwise, the use of the Short Term Rental shall be null and void: a. The owner/operator contact information; b. Registration with the Commissioner of Revenue's Office; and c. Proof of liability insurance. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be six(6) individuals(three(3) individuals per bedroom). 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. February 4, 2020 107 ITEM—VI-K22 PLANNING ITEM#70064 (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 4`h day of February Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley,Louis R.Jones, and John D.Moss Council Members Absent: None February 4, 2020 imk7" 7-= N.qi ../". LL 0 ..:1- o in co 11_ o RI 14404411100.t,.. 0 ,-,.--7,„-„:-.„,.•-•,,=, , - , - • .• - _ '•,:,4;:f:.:Ii,-, -4---',•'-',- -,Y'- ' --:•, ',---—%'--f--' -- . . ...N.,..- . . -----. /41114\.. N...,... ...•1 CN 11 ' ..... .. .. ..N. - „----- / .. / 0 • W• ) 4 • 0) / q 5/ i .1%. / ./. ' r ‘,- l'.';N•'— '--„, . / / 471 tf // . • ... ID / i / ch Ze / NN > -a i C4NN Rr" 46 • 1 13 C _1 .--' , ---„ 0) co cr) c „ ' CS) v) c • .. .. c 2 v -\./ '''.iv / \-,., N-, A.....„ N. ,, / / ,. ._ / i a 0 — ‘ , NO ., .,. , _.-- ..-7 108 ITEM—VI-K.23 PLANNING ITEM#70065 The following registered to speak: Zachary Nelson, 2916 Dante Place, Phone: 616-558-5280,Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, declined to speak Upon motion by Council Member Berlucchi, seconded by Vice Mayor Wood, City Council, APPROVED, AS CONDITIONED,AS AMENDED, Application ofZACKARYNELSONfor a Conditional Use Permit re short-term rental at 2916 Dante Place DISTRICT 3—ROSE HALL ZACKARY NELSON for a Conditional Use Permit re short-term rental at 2916 Dante Place (GPIN 1496422204)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. The Short Term Rental shall only occur in the principal structure addressed as 2916 Dante Place. 2. As depicted on the Parking Plan titled "Physical Survey of Lot 24, Block P, Subdivision of Princess Anne Plaza, Section Twenty-Five B (Magic Hollow, P.UD)," dated November 18, 1974 and approved by the Zoning Administrator on November 20, 2019, a minimum of three (3) on-site parking spaces must be available to the Short Term Rental occupants of 2916 Dante Place and be maintained all-weather surfaces. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events with more than the permitted number of people who may stay overnight (#Bedrooms x3)shall be held at the Short Term Rental and the property it is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. February 4, 2020 109 ITEM—VI-K.23 PLANNING ITEM#70065 (Continued) 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notes the new property owner of requirements 'a'through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date: a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be nine(12) individuals(three (3) individuals per bedroom.) 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. February 4, 2020 110 ITEM—VI-K.23 PLANNING ITEM#70065 (Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4`"day of February Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, John D. Moss and Rosemary Wilson Council Members Absent: None February 4, 2020 6. i - / � , / .r j., rf, ...]all I O / 0 �, I N O L 1 I 0 f- ` G MOP CIL !- 1 • :*\ -N.1 N\ i , co C3 I L 4,k...),t\ a 7a: _ co r" --1 A ;')" 4 j:l a : 77-: L_____=_____ 1 i 1 ±- 1 i __________ I .,. -1----__i___I 1 1 i 1 1 1 1 1 II c o 1 I co „1 O to = 111 ITEM—VI-K.24 PLANNING ITEM#70066 The following registered to speak: Diana Burke, Virginia Beach Hotel Association member, 1023 Laskin Road, Suite#111, Phone: 428- 8015, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Kim Keene, 3900 Atlantic Avenue, Phone: 419-3685, spoke in SUPPORT Jamie Banjak, 185 Williams Drive, Phone: 252-902-5013, spoke in SUPPORT Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council, DEFERRED TO FEBRUARY 11, 2020, Ordinance to AMEND Section 111 and ADD Section 209.7 to the City Zoning Ordinance(CZO)re student worker housing(Requested by Council Member Tower) Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None February 4, 2020 112 ITEM VI-L. APPOINTMENTS ITEM#70067 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —BUILDING MAINTENANCE DIVISION —ELECTRICAL DIVISION —PLUMBING AND MECHANICAL DIVISION BROADBAND STEERING COMMITTEE CITIZENS COMMITTEE ON BOARDS AND COMMISSION COMMUNITY ORGANIZATION REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD February 4, 2020 113 ITEM VI-L. APPOINTMENTS ITEM#70068 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:• ELIZABETH KOVNER (Alternate) Unexpired term thru 12/31/2024 BOARD OF ZONING APPEALS February 4, 2020 114 ITEM VI-L. APPOINTMENTS ITEM#70069 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: LAWRENCE KLIEWER (Represents:Licensed Architect) Unexpired Term thru 9/30/2023 HOUSING ADVISORY BOARD February 4, 2020 115 ITEM VI-L. APPOINTMENTS ITEM#700707 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: JOSEPH STRANGE (Represents:Development Authority) Unexpired Term thru 2/28/2023 MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE February 4, 2020 116 ITEM VI-L. APPOINTMENTS ITEM#70071 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: MIKE EASON Unexpired term thru 12/31/2021 RESORT ADVISORY COMMISSION February 4, 2020 117 ITEM VI-L. APPOINTMENTS ITEM#70072 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: ROBYN KLEIN (Representing: Centerville District) Four year term 2/4/2020- 1/31/2024 PLANNING COMMISSION February 4, 2020 118 ITEM VI-L. APPOINTMENTS ITEM#70073 Upon NOMINATION by Council Member Wilson, City Council APPOINTED: LARRY DOTOLO (Represents:Process Improvement Steering Committee) SYLVIA STRICKLAND WALTER CAMP ERIC WRAY JASON KNIGHT JIMMY B. WOOD No Term CITIZENS COMMITTEE ON BOARDS AND COMMISSION Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, and Sabrina D. Wooten Council Members Abstaining: Vice Mayor Wood Council Members Absent: None February 4, 2020 119 ITEM VI-L. APPOINTMENTS ITEM#70074 Council Member Wilson NOMINATED John Coston for APPOINTMENT to the Planning Commission Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor Wood and Sabrina D. Wooten Council Members Abstaining: Jessica P.Abbott John D. Moss Council Members Absent: None By a vote of 9-0, City Council APPOINTED: JOHN COSTON (Representing:At-Large) Four year term 2/4/2020-1/31/2024 PLANNING COMMISSION February 4, 2020 120 ITEM VI-L. APPOINTMENTS ITEM#70075 Council Member Moss NOMINATED Dianna Howard for APPOINTMENT to the Planning Commission Voting: 2-6 Council Members Voting Aye: Jessica P.Abbott John D.Moss Council Members Voting Nay: Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor Wood and Sabrina D. Wooten Council Members Abstaining: Barbara M. Henley, Guy K. Tower and Rosemary Wilson, Council Members Absent: None NOMINATION FAILED DUE TO A NEGATIVE VOTE OF 2-6 February 4, 2020 121 ADJOURNMENT ITEM#70076 Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 9:44 P.M. (, -- )---. Z..... Terri H. Cheliuf Chief Deputy City Clerk A anda Barn MC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia February 4, 2020 122 OPEN DIALOGUE The following registered to speak: Nancy Neal, 405 Biltmore Court, Phone: 779-2572, did not respond Amy Myers, 4504 Pine Brook Court, Phone: 618-5190, spoke regarding gun and public safety Leigh Anne Woodside, 5232 Powhatan Avenue, Norfolk, VA, Phone: 405-308-3207, spoke regarding gun and public safety Susan Loresberg,1177 Starr Way, Phone: 641-3210, spoke regarding gun and public safety Tommy Cerja, 1940 Pavilion Drive, Phone: 910-695-6430, spoke regarding gun and public safety Barbara Messner, P. O. Box 514, requested Open Dialogue be televised Marian Kiehl-Kearney, 317 Galleon Drive, Phone: 374-9954, spoke regarding gun and public safety Vivian Wermers, 1177 Starr Way, Phone: 323-0576, spoke regarding gun and public safety Patricia Gadzinski, 2005 Plowshares Court, Phone: 343-4431, spoke regarding gun and public safety Douglas McNeill, 1049 Back Road, Chesapeake, VA, Phone: 482-6893, spoke regarding gun and public safety Nancy Ford, 311 51''Street, Phone: 804-356-6603, spoke regarding gun and public safety Jeanne Hanewich, 1016 Sherando Court, Chesapeake, VA, Phone: 615-8225, spoke regarding gun and public safety Melanie Cornelisse, 500 Downing, Phone: 703-307-7248, spoke regarding gun and public safety Karen Rowell, 4123 Birch Court, Phone: 474-2435, spoke regarding gun and public safety Bill Rowell, 4123 Birch Court, Phone: 474-2435, spoke regarding gun and public safety Dr.Alice Twining, 1272 Belvoir Lane, Phone: 679-2950, spoke regarding gun and public safety Allison Graves, 5721 Amberbrooke Arch, Phone: 703-505-4016, spoke regarding gun and public safety Garbrielle Aldea, spoke regarding gun and public safety Susan Frances Kaufman, 3812 Thalia Drive, spoke regarding gun and public safety Shana Turner, 1097 Riviera Drive, Phone: 507-5244, spoke regarding gun and public safety Victoria Luevanos, 201 Pritchard Road, Phone: 274-4407, spoke regarding gun and public safety Craig Dean, 1874 General Booth Boulevard, Phone: 652-2651, spoke regarding gun and public safety Karen Havekost, 421 Lakewood Circle, Phone: 426-3020, spoke regarding gun and public safety Connor Eppley, 417 Bamboo Lane, Phone: 615-2993, spoke regarding gun and public safety ADJOURNED at 11:00 P.M. February 4, 2020