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HomeMy WebLinkAboutFEBRUARY 18, 2020 FORMAL SESSION MINUTES O, OUq NAS�t
VIRGINL4 BEACH CITY COUNCIL
Virginia Beach, Virginia
February 18, 2020
Mayor Robert M. Dyer called to order the CITY COUNCIL'S BRIEFING in in the City Council
Conference Room, Tuesday, February 18, 2020, at 1:00 P.M
Council Members Present:
Jessica P.Abbott,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:
Michael F. Berlucchi-Ill
2
CITY COUNCIL'S BRIEFING
REAL ESTATE ASSESSOR ANNUAL REPORT
ITEM#70080
1:01 P.M.
Mayor Dyer welcomed Ronald D. Agnor, City Assessor. Mr. Agnor expressed his appreciation to City
Council for their continued support:
` REAL ESTATE ASSESSOR'S
Annual Presentation to
_ aa City Council
t . .Plit 2 1 to.
Nle t —
1,;
Presented by g_ 1-
Ronald Agnor,City Real Estate Assessor ,. r R
February18,2020 .. *1� "►a
riiiirp-
.ram._
Here are the Projected FY 2021 Real Estate Assessments:
Projected FY 2021 Real Estate Assessments
Assessments $61,309,542,100
Tax Revenue* $ 623,824,591
'Based upon FY2020 tax rate of 51.0175
Each$01 of the tax rate will generate
S6,131,000
2
February 18, 2020
3
CITY COUNCIL'S BRIEFING
REAL ESTATE ASSESSOR ANNUAL REPORT
ITEM#70080
(Continued)
The Total Parcels of Real Estate is 162,343:
Total Parcels of Real Estate
Total Count of: jan.2019 fan.2020
1\1\1( Taxable Parcels 158,057 158,586
Exempt Parcels 3,768 3,757
Grand Total 161,825 162,343
Inventory Maintenance Productivity
(Calendar Year 2019)
Ownership Transfers 15,069
Subdivision Plats 297
•
•
Corrections 586
,( 3
Growth of parcels remains unchanged from the previous year while appreciation increased to 2.6%:
Growth and Appreciation/Depreciation
4%
Air
r i r i i'
_ % IIIIIII V II D%
Y -1%
y -2%
3%
l 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
Fiscal Year
7
•Growth ■Appreciation/Depreciation
1
. Fiscal Year 2020(Projected)
1 Growth 0.7%
Appreciation 2.6%
l' Assessment Change 3.3%
February 18, 2020
4
CITY COUNCIL'S BRIEFING
REAL ESTATE ASSESSOR ANNUAL REPORT
ITEM#70080
(Continued)
The Overall Median Change is 2.0%and Overall Mean Change is 2.53%:
Average Appreciation/Depreciation
Overall Median Change Overall Mean Change
2.05% 2.53%
/\ Residential 2.06% Residential 2.44%
Apartment 12.16% Apa
(..'
rtment 1222%
Commercial/Industrial 1.11% Commercial/Industrial 3.25%
•Act al appredatan through January 2020 what,FY2021 notices rem mailed.
Ii
y
t i
i
Average Appreciation/Depreciation
Fiscal Year Median Change Mean Change
2021 2.05% 2.53%
2020 2.55% 3.10%
2019 1.85% 221%
2018 2.18% 2.45%
2017 2.34% 2.79%
2016 1.44% 1.94%
I. .
2015 1.76% 1.93%
1� 2014 0% -222%
1 2013 4.87% -52996
•
•i
.' 2012 -2.56% -3.09%
Ill
c
't
February 18, 2020
5
CITY COUNCIL'S BRIEFING
REAL ESTATE ASSESSOR ANNUAL REPORT
ITEM#70080
(Continued)
Average Residential Values increased 2.6%with the largest increase in Duplex/Home with Apartments:
Average Residential Values
Median Mean
Type Number Assessment* Assessment. Change in Mean
j !Single Family 99,087 $286,500 $355,400 $7,900 2.3%
Townhouse 19,768 $156,600 $169,000 $6,700 4.1%
Low Rise 21,314 $216,000 $254,200 $10,000 4.1%
Condominium
1\ (High Rise 3,020 $284,300 $309,400 $1,900 0.6%
Condo/Co-op
with Apartments 1,277 $332,900 $488,900 $30,700 6.7% j
• All Residences 144,466 $2.54,200 $315,200 $8,000 2.6%
In addition to residences,there are 37 661 apartment units in multi-family complexes.
"Rounded to nearest$100.
''January 2019 to January 2020 comparison.
7
Average Home Assessment
$325,000
.
S310,000 ---
•
•
° $295000
Ts
$280,000
-' . . .-
S265,000 p
S250,000
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
Fiscal Year
t{
February 18, 2020
6
CITY COUNCIL'S BRIEFING
REAL ESTATE ASSESSOR ANNUAL REPORT
ITEM#70080
(Continued)
Here is an overview of the Assessment Comparison By Classification:
Assessment Comparison By
Classification
Classification 2021 Assessment
General Commercial 9.8%
• Hotel 2.4%
16.7%
Office 2.9%
industrial 1.6%
Apartment 7.9%
Residentlal 59.2%
Townhouse 5.5% 83.3%
Condominium 10,4%
Agriculture 0.3%
9
The City had an increase of approximately$471-Million in Total New Construction:
New Construction
(January 2019 Arc December 2019)
14 General Commercial• S53,584,200
1 Olfice' 16,701,500
1 Hotel* 62,192,000
6 al•
56 CoIndmustrimercIal jlndustrfal Additions
1118,887979,204000
Total Commercial New Construction $163,344,300 34.7%
•
Residential
282 Single Family S129,778,700
16 Townhouses 5,453,100
8 Duplexes 5,619,200
125 Condominium Units 56,975,000
678 Apartments 71,206,600
1,123 Residential Additions 38,874,600
Total Residential New Construction $307,907,200 65.3%
}
Total New Construction $471,251,500 100%
10
February 18, 2020
7
CITY COUNCIL'S BRIEFING
REAL ESTATE ASSESSOR ANNUAL REPORT
ITEM#70080
(Continued)
The chart depicts the Number of New Housing Units Built between 2010—2019:
k
Number of New Housing Units Built
1,900 - --- - -Ai .
♦'r, 7005002010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Calendr11
Here is the Average Assessment of a New Home between 2010—2019:
Average Assessment of a New Home
,I\
Year Median Mean
2019 $420,600 $560,000
2018 $411,500 5572,100
2017 S375,500 $499,700
2016 $371,400 $468,000
2015 S390,600 $468,700
2014 5394,300 $465,500
2013 $358,500 $405,500
•
2012 $346,000 $436,400
2011 S360,600 $422,300
2010 $347,600 $462,500
t 12
i
February 18, 2020
8
CITY COUNCIL'S BRIEFING
REAL ESTATE ASSESSOR ANNUAL REPORT
ITEM#70080
(Continued)
The highest percentage of new homes are valued between $350,000 and$500,000:
Percentage By Property Value Range
Residential Value Range Percentage of New Homes
Under$200,000 0.9%
$200,000 to S25O,0OO 3.4%
$250,000 to$350,000 21.7%
$350,000 to S5O0,O0O 33.8%
550O,000 to$750,000 24.0%
i iI
7
Over$75O,000 16.2%
'.I jj
13
Change in Land
(Re-zonings and Subdivision of Property)
2019 $71,184,000
i
2018 $69,179,700
2017 $58,273,200
•
2016 $94,347,600
2015 5123,760,500
S180
5160 ♦ • ',
o Y140
5 4120
..
1100 •
\(
S80S.
460 ♦
420 -
a SO
2010 2011 2012 2013 2014 2011 2016 2017 2018 2019
Calendar Year
11
February 18, 2020
9
CITY COUNCIL'S BRIEFING
REAL ESTATE ASSESSOR ANNUAL REPORT
ITEM#70080
(Continued)
The Tax Increment Financing(TIF) and Special Service Districts(SSD) increased:
Tax Increment Financing&
Special Service Districts
Sandbridge District TIF&SSD
Base Year FY 1998 $206.1 Million
Preliminary FY 2021 $1.32 Billion
Central Business District South TIP
Base Year FY 1999 $151.8 Million
Preliminary FY 2021 $1.05 Billion
SSA
First Year FY 2003 $18.5 Million
Preliminary FY 2021 $523.4 Million
FY2021 as e/anaary 2020
•LBO South TIF includes the SSD
15
The City has eight(8)SSDs with the addition of Schilling Point:
Neighborhood Dredging
Special Service Districts
SSD District FY 2021 Preliminary
Old Donation Creek $38.9 Million
Bayville Creek $15.6 Million
Shadow Lawn $19.8 Million
• Chesopeian Colony $70.9 Million
Harbour Point $22.6 Million
Gills Cove $22.0 Million
• Hurds Cove $49.5 Million
Schilling Point $9.9 Million
16
February 18, 2020
10
CITY COUNCIL'S BRIEFING
REAL ESTATE ASSESSOR ANNUAL REPORT
ITEM#70080
(Continued)
The City has eleven (11)properties on the Virginia Landmarks Register that receive Partial Tax
Reduction:
Virginia Landmarks Register
Partial Real Estate Tax Reduction
FY 2020 Tax Reduction = $119,241
Hermitage House
Keeling House
• Miller-Masury House/Greystone Manor
•
Pembroke Manor
Shirley Hall
Thomas Murray House
Weblin House
Woodhouse House
Briarwood
Green Hill House
Cavalier Hotel
*Based upon$0.5475 tax rate on historical buildings($0.47 reduction).
li
I.
'i 17
The Virginia Beach Historic Rehabilitation FY 2020 Tax Reduction is$35,275:
Virginia Beach Historic Rehabilitation
Partial Real Estate Tax Reduction
FY 2020 Tax Reduction = $35,275
Address Credit In Effect
4300 Calverton Lane 7/1/2014-6/30/2029
501 Virginia Beach Boulevard 7/1/2016-6/30/2031
525 Kempsville Road 7/1/2017-6/30/2032
(Apartments-Old Kempsville High School)
.7
'Credit In Effect For IS Years
:Ili,'
t
('t
i
11
Ii
18
February 18, 2020
11
CITY COUNCIL'S BRIEFING
REAL ESTATE ASSESSOR ANNUAL REPORT
ITEM#70080
(Continued)
In 2019, 126 properties received a tax credit for being "energy efficient":
Energy Efficient Buildings
Partial Real Estate Tax Reduction
Property Program Tax Program Tax Percent of
Type Recipients Reduction Recipients Reduction Change
-IIIIE=IMIMMWEEM
Residential 106 0106,821 154 0164,679 54.2094
Commercial 20 204,307 24 287,779 40.9096
Total 126 $311,128 178 6452.458 45 50",0
Based upon$0.8675 tax rate for qualified buildings($0.15 reduction).
•
"Program began in FY 2011;no expiration date for recipients and tax credit is
' transferable.
`i \ii,
19
Here is an overview of Land Use Taxation FY 2020:
Land Use Taxation FY 2020
Number of Parcels Under Program 922
I\ :......,. Number of Acres Under Program 33,381
Number of Acres of Land in the City 1513,720
Percentage of City's Acreage Under Land Use 21%
Number of Acres in: Agriculture 18,444
Forest 9,122
Open Space 2,220
Swamp 2,278
Marsh 1,317
I Total 33,381
i !.
• Deferred Value $271,311.600 Deferred Tax $2,760,900
i 20
's
i.
February 18, 2020
12
CITY COUNCIL'S BRIEFING
REAL ESTATE ASSESSOR ANNUAL REPORT
ITEM#70080
(Continued)
kLand Use Taxation
Fiscal Acreage Under land Acreage Roll Back Taxes
Year Use Program Rolled Back
2020 33,381 -- —
2019 33,003 44 $ 54,824
2018 33,382 40 S 103,353
2017 33,061 76 $ 211,484
2016 32,922 77 S 100,352
2015 33,351 241 S. 145,030
2014 34,153 115 S 268,241
2013 34,650 132 S 358,214
2012 34,710 22 S 52,345
2011 35,555 13 S 54,963
21
The Real Estate Tax Exemption/Deferral/Freeze for Senior Citizens&Disabled Persons has 5,507
recipients receiving a total ofjust over$10-Million:
REAL ESTATE TAX EXEMPTION/DEFERRAL/FREEZE
FOR SENIOR CITIZENS&DISABLED PERSONS
Fiscal Year 2020
Number of Recipients Tax Reduction
5,507 510,408,482
'Administered by the Commissioner of Revenue
22
February 18, 2020
13
CITY COUNCIL'S BRIEFING
REAL ESTATE ASSESSOR ANNUAL REPORT
ITEM#70080
(Continued)
The Real Estate Tax Exemption for 100%Disabled Veterans and Spouses of Member of the Armed
Forces Killed in Action and Spouses of Emergency Service Providers Killed in the Line of Duty has 2,137
recipients receiving nearly$7-Million:
REAL ESTATE TAX EXEMPTION FOR 100%DISABLED VETERANS,
SPOUSES OF MEMBERS OF THE ARMED FORCES KILLED IN ACTION
AND SPOUSES OF EMERGENCY SERVICE PROVIDERS KILLED
IN THE LINE OF DUTY
Fiscal Year 2020
2,137 $6,916,395
•Administered by the Commissioner of Revenue.
23
Mayor Dyer expressed his appreciation to Mr.Agnor for the presentation.
February 18, 2020
14
CITY MANAGER'S BRIEFINGS
AFFORDABLE HOUSING
ITEM#70081
1:27 P.M.
Mayor Dyer welcomed Andrew Friedman, Director — Housing and Neighborhood Preservation. Mr.
Friedman expressed his appreciation to City Council for their continued support:
PROGRESS TOWARD A HOUSING
AND NEIGHBORHOOD STRATEGY
City Council Briefing I Feb. 18, 2020
Andrew Friedman, Director
I lousing&
Neighbodtood
V13
Prescrration
5..
Here is the Purpose ofBriefing:
1
PURPOSE OF
BRIEFING Staff is working with the Housing
Advisory Board to create a housing
Update and inform and neighborhood strategy that is
City Council —focusing coordinated with the
Comprehensive plan and other
on affordable housing, citywide initiatives.
part of the overall
strategy
February 18, 2020
15
CITY MANAGER'S BRIEFINGS
AFFORDABLE HOUSING
ITEM#70081
(Continued)
Here is the presentation Outline.
OUTLINE
• Background:Housing Advisory Board
• Defining a Housing&Neighborhood '
Strategy
act
• Defining Affordable Housing
• Strategy Development Process
• Housing Gaps&Challenges r�
• Successes in Our Work-to-Date _
FE #4
• Some Options for Future Consideration "-' '-'
-� -- � ;-sue.. -
— F
• .-4 ...r_� g Y 3
Here is an overview of the Housing Advisory Board's purpose and membership:
HOUSING REPRESENTING
ADVISORY BOARD Ann Crenshaw Attorney
John Georghiou Residential Builder
Jessica Guglielmo Virginia Beach Community
Advise the City Manager Development Corporation
and the City Council Hunter Hanger Attorney
regarding implementation Kevin Kemp Planning&Community
of strategies to address Development
issues of housing Duff Kliewer Architect
affordability and Bob Miller Civil Engineer
neighborhood preservation. Ronald Ripley Multi-Family Home Builder
Fay Silverman Mortgage Specialist
Teresa Stanley Citizen Advocate
February 18, 2020
16
CITY MANAGER'S BRIEFINGS
AFFORDABLE HOUSING
ITEM#70081
(Continued)
Here is the purpose of the Housing&Neighborhood Strategy:
I
• Defines a long-term approach to
achieving the''tv's goals for housin
neighborhoc— by addressing threats,
taking appropriate governmental action,
as well as stimulating and supporting
WHAT IS A HOUSING private actions.
& NEIGHBORHOODS Addresses housing preservation AND
STRATEGY? development
Addresses neighborhood preservation
and the factors that make good
neighborhoods
• Guides new development in ways that
are appropriate to achieve city goals
III
The graphic shows the long-term approach to achieving the City's goals.
A HOUSING & NEIGHBORHOODS STRATEGY IN
CONTEXT OF OUR PLANS, THREATS & OPPORTUNITIES
IThreats to achieving our goals OUR GOALS
• Aging Housing
• Sea Level rise • Expanding quality,affordable
• Affordability issues housing opportunities
• Housing stock attractiveness • Rising property values
yielding private prosperity
The Comprehensive Plan including: and government revenue
housing,commercial/retail,roads/transit,parks,open space,streets/highways . Safe and Vital
Neighborhoods
Strengths and Opportunities that support our goals • Protection from Flooding&
• Our strong services and infrastructure Sea Level Rise
• Our quality neighborhoods and enforcement of
maintenance requirements • Effective Transportation
• Good schools
•• Actions to address flooding and sea level rise Quality Natural Environment
• Regional economic opportunity and Open Space
El
February 18, 2020
17
CITY MANAGER'S BRIEFINGS
AFFORDABLE HOUSING
ITEM#70081
(Continued)
Here is an overview of Defining Affordable Housing:
U
DEFINING
AFFORDABLE A" People are not defined
by their current income
HOUSING 44,
Affordable housing
Affordable housing is should improve and
many different things: contribute to
• Fully affordable apartment - community
communities s
• Affordable housing in mixed
-
incomedevelopments Affordable housing is
• Scattered site housing not for "other" people
• Affordable senior housing
• Housing for people with No one notices if
special needs ,j affordable housing is
there first
2019- LAYING THE GROUNDWORK FOR A STRATEGY
APRIL:ANDY FRIEDMAN SEPTEMBER:BOB ADAMS
"Building a Housing&Neighborhoods "Role of the Nonprofit Sector/Innovate Our
Strategy" Way to Affordability/Messaging"
Laying the foundation for a strategy
JULY:STEVE LAWSON OCTOBER:TOM JOHNSON
"The Future of Affordable Housing" "Rezoning properties is time consuming"
Affordable housing trends,differences of Comparison of affordable&market-rate multi-
generations&code changes. family
AUGUST:ANDY FRIEDMAN NOVEMBER:TOM JOHNSTON/FRANKLIN
"What is Affordable Housing&How Can JOHNSTON TEAM
We Make It Happen?" "Benefits of the Affordable Housing Program"
Definitions and tools we can use Terminology critical for public acceptance,data
on residents,NIMBY&zoning.
A
February 18, 2020
18 •
CITY MANAGER'S BRIEFINGS
AFFORDABLE HOUSING
ITEM#70081
(Continued)
Here are the "Upcoming Steps":
UPCOMING STEPS TOWARD ADOPTING A
HOUSING & NEIGHBORHOOD STRATEGY
>- Review:2019 topics >- Comp.Plan&Zoning = Health Care& The Role of Energy
cc CC Discussion w/ v Affordable Housing C Efficiency in
< Board Discussion: Q cc
• What Should Our
Planning Director
State Funding a Affordable Housing
Q
• Housing Strategy CC Review public input 2 Initiatives for Engaging the
—, Be? w received Affordable Housing Community
(Messaging)
Update to the
Housing Needs Draft Outline of the
Assessment Housing Strategy
UPCOMING STEPS - (2) TOWARD ADOPTING
A HOUSING & NEIGHBORHOOD STRATEGY
Y w }
Q Present and discuss Z Planning D City Council Briefing W, Public hearing
draft Housing Commission Briefing vi
Strategy Finalize Strategy
Public input Revise/update ys
opportunities strategy Vote on adoption
PO. 111011.
February 18, 2020
19
CITY MANAGER'S BRIEFINGS
AFFORDABLE HOUSING
ITEM#70081
(Continued)
The gap in available affordable housing is a national issue:
FIEWV mummi� 1
r .....„,,,,,,, ii WHAT ARE OUR GAPS?
NOTE:The 2017 Housing Study is in the process of being updated.
0 .. • The average wages of employees in 9 of top 10 industries in
. •
VB by employment were too low to afford median rent of
$1200 in 2014.
eviler ..
>, •
• The number of households that struggle to afford housing
along with other necessities is growing faster than the
number of households overall.
► i r
. ' , • Gap/need for 2 units of affordable rental housing for
householdsIiii whosese incomes are at or below 80%Min
-- Virginia Center for Housing Research at Virginia Tech
io
111
lit
- 2017 Report: Virginia Beach Housing Needs and
Market Analysis Reinvestment Strategy
I• • a
Here are a few of the Challenges:
I
• Rising Land Costs-due to limited
available developable land
• Re-zoning process takes time,
thereby increases cost and risk of
WHAT ARE THE denial
CHALLENGES? • Perceptions of what affordable
housing is
• Understanding benefits of
affordability and understanding the
costs when there is a lack of it
a
February 18, 2020
20
CITY MANAGER'S BRIEFINGS
AFFORDABLE HOUSING
ITEM#70081
(Continued)
There are Two Approaches to Affordable Housing-Project-by-Project and Systematic:
1
TWO APPROACHES TO
AFFORDABLE HOUSING:
• Systematic approach sets
Project—by-project guidelines but does not require each
project to obtain Council approval;
approach requires each
• for example:Form-based code in the
project to apply for and be resort area;
considered for land use • Potential"by-right"options in defined
areas,with criteria
permitting;significant risks of • can be enhanced with additional
denial and significant time costs guidelines;
• plus incentives for affordability or
enhanced affordability
The next six(6)slides provide an overview of tools used in the Project-by-Project Approach:
1 We've used almost every tool
there is to help make affordable
housing projects happen:
• Financing tools and providing
vouchers
SUCCESSFUL
• Infrastructure and land
WORK TO DATE: ownership tools
PROJECT-BY-
PROJECT • Support of proposals to
funders/financers; and
designation of revitalization
areas
• Innovative partnerships
• Building it ourselves! m
February 18, 2020
21
CITY MANAGER'S BRIEFINGS
AFFORDABLE HOUSING
ITEM#70081
(Continued)
v3 City funds
HOME and/or CDBG funding
FINANCING
AND / Project-based voucher
VOUCHERS commitments
WTargeting for people with
disabilities
I
Building significant
infrastructure
Cost sharing on infrastructure
INFRASTRUCTURE Reducing parking
AND P requirements
LAND OWNERSHIP
Selling public land
t% Q Identifying land/connecting
© sellers to developers
February 18, 2020
22
CITY MANAGER'S BRIEFINGS
AFFORDABLE HOUSING
ITEM#70081
(Continued)
1
Council Resolutions
SUPPORT TO City Manager Letters
FUNDERS &
AREA/SITE D Zoning Letters
DESIGNATIONS
QDesignation of Revitalization
Zones
1
Regional partnerships with
<1r` local governments and
housing authorities
INNOVATIVE
PARTNERSHIPS
Connecting people with
• 1. passion to skilled developers
February 18, 2020
23
CITY MANAGER'S BRIEFINGS
AFFORDABLE HOUSING
ITEM#70081
(Continued)
I
LIHTC*-FUNDEDif
_ 31Developments
PROJECTS IN
VIRGINIA BEACH fit3,959 Total Units—including
2,082 new construction
SINCE 1995
I. 3,678 Affordable Units
*LOW INCOME
HOUSING TAX CREDIT AlaElderly, Disabled, Homeless,
PROGRAM - INFO Veterans
FROM VHDA
$ $172M of Private Equity
III
The next several slides provide Development Examples using the Project-by-Project Approach as well as
the number of affordable housing units with each project:
I
We used multiple tools on
ij � most projects, as appropriate
to the need and circumstances
DEVELOPMENT
EXAMPLES
4t -�i All the following examples
• were built in VB in the last
12 years
February 18, 2020
24
CITY MANAGER'S BRIEFINGS
AFFORDABLE HOUSING
ITEM#70081
(Continued)
Cloverleaf Apartments—60 units:
- - CLOVERLEAF
1 ..,
APARTMENTS
, 7. _
..
Virginia Supportive Housing
.:a� 6 0 units
I!
...„.. :r1 r
ir
.....-... .._..._--itss:sgsPamm eill............._
. !
Cedar Grove Apartments-32 units:
lit—
IN 1111- �'' 11 n
-
CEDAR GROVE I I I
J
APARTMENTS
Virginia Beach Community — _- y.
Development Corporation _a___ ,. _
32 units
February 18, 2020
25
CITY MANAGER'S BRIEFINGS
AFFORDABLE HOUSING
ITEM#70081
(Continued)
Crescent Square Apartments—80 units:
.1 lbw
!LJ
—
CRESCENT SQUARE
APARTMENTS
Virginia Supportive Housing -- _
80 units .�
23
Baker Woods Apartments—96 units:
t /� t
1 1
11-1.1
BAKER WOODS
APARTMENTS
The Lawson Companies
96 units
CI
February 18, 2020
26
CITY MANAGER'S BRIEFINGS
AFFORDABLE HOUSING
ITEM#70081
(Continued)
200 West Apartments—264 units:
•
S .A9
ogle to c-
•
€ `
200 WEST �=
APARTMENTS
Franklin-Johnston Group
264 units , • lithe 1111
Housing Resource Center—30 units:
1140**
s Ft
HOUSING RESOURCE
CENTER
City of Virginia Beach
30 units
February 18, 2020
27
CITY MANAGER'S BRIEFINGS
AFFORDABLE HOUSING
ITEM#70081
(Continued)
Renaissance Apartments—240 units:
Renaissance
Tu."- f, ,
Apartments
- -- 1i
- MI J1 !! Franklin-Johnston Group
r a n ■ 240 units
"• us ii i 1 11 us ip a a
II t
a :1 II III III' I '
�
..wn..ow...a.+..C.., ..,.... fAcadi�emy
a.X3Y.',10N
U
Conceptual Elevations RENAISSANCE APARTMENTS ti ttircr+ck,„ �7.
t c
a
The Workforce Housing Program and Form-Base Code are two examples of the Systematic Approach
that led to adding more affordable housing:
SYSTEMATIC I
APPROACHES
• 1994:Housing for Seniors -•' • 2007 Single Room
and Disabled Persons per Occupancy Facility per
CUP/Reduced pkg. • lir-.„
CUP/Reduced parking
• 1997:"In Law suites" • 2007:Voluntary Workforce
(Accessory Dwelling Units) Housing Program-density
allowed in limited zoning bonuses
areas • 2012:Form-based Code
• 2003:Strategic Growth adopted in Resort area,
Areas allow increased reducing need for re-
density/urban form zonings/CUPs
a
February 18, 2020
28
CITY MANAGER'S BRIEFINGS
AFFORDABLE HOUSING
ITEM#70081
(Continued)
Seaside Harbor provides 76 units and is an example of the Systematic Approach:
SEASIDE SEASIDE HARBOR
The Lawson Companies
F° 76 Units
HARBOR
509 18TH STREET
VIRGINIA BEACH
VA 23451
r - IY
r r �,
„ ic • mil ir ,
A II• N It ' _4 ll *.P-
/f •2 .,, .
Here is Systematic Approaches-Possible Next Steps:
SYSTEMATIC APPROACHES:
POSSIBLE NEXT STEPS
• Expand areas where form-based code allows
4
s "by right"housing development in appropriate 1,6
areas
0 • Increase options for density while requiring
and/or incentivizing affordability
• Expand areas for Accessory Dwelling Units/"In-
law Suites"
•
February 18, 2020
29
CITY MANAGER'S BRIEFINGS
AFFORDABLE HOUSING
ITEM#70081
(Continued)
THANK YOU!
QUESTIONS & COMMENTS
Andrew M.Friedman,Director
Virginia Beach Housing& Neighborhood Preservation
afriedma@vbgov corn or(757)385-5752
Mayor Dyer expressed his appreciation to Mr. Friedman for the presentation.
February 18, 2020
30
CITY MANAGER'S BRIEFINGS
VDOT SMART SCALE ROUND 4 CANDIDATE PROJECTS
ITEM#70082
2:03P.M.
Mayor Dyer welcomed Katie Shannon,P.E.,Project Support Office Manager—Public Works. Ms.Shannon
expressed her appreciation to City Council for their continued support:
SMART SCALE Round 4
Candidate Projects
City Council
Briefing
P.bruo y 1 20
Here is an overview of SMART SCALE Round 3—Award Summary:
aE I. SMART SCALE Round 3
Award Summary
• 433 Applications submitted statewide;98 awarded
5 of 98 awarded projects accounted for$391M of the available$742M(53%)
Small projects were popular,87 of 98 awarded projects had TPC<$10M
Innovative designs scored well overall
• 3 of 4 VB Applications had TPC>$20M;did not receive award
• General Booth Blvd/Oceana Blvd Intersection TPC=$4.1M,was awarded
• Overall Award Summary below:
Total Project No.of No.of %of Projects Total Cost of Total Cost of Total Awarded %of Funding
Cost Range Applications Projects Awarded Applications Awarded Funding Awarded
Awarded Projects
<$10 M 273 87 89% 1,209,070,407 314,602,505 285,621,884 38%
$10 M-$25 M 84 6 6% 1,337,908,619 86,609,562 65,102,807 9%
$25 M-$100 M 57 3 3% 2,601,338,104 186,021,704 141,031,704 19%
>$100 M 19 2 2% 7,118,464,373 4,207,172,004 250,000,000 34%
Totals: 433 98 12,266,781,503 4,794,405,775 741,756,395
February 18, 2020
31
CITY MANAGER'S BRIEFINGS
VDOT SMART SCALE ROUND 4 CANDIDATE PROJECTS
ITEM#70082
(Continued)
Here are eleven (11) candidate projects identified and evaluated for submission to SMART SCALE Round
4:
73 II. SMART SCALE Ro nd 4
Rtix Wok,
Candidate Project Selection -
• Clearfield Avenue—Virginia Beach Blvd to Cleveland Street
-a 11 candidate projects were
identified and evaluated for • Holland Road—Independence Blvd to S Plaza Trail
submission for the SMART
SCALE Round 4 Application • Independence Blvd/Edwin Drive Intersection
Process • Indian River Road—Kemps River Drive to Centerville Pkwy
• Laskin Road Phase III—Republic Road to 1-264
4 projects were chosen as • Little Neck Road Ramp—new ramp from S Plaza Trail to WB 1-264
strong candidates
• Northampton Blvd/Diamond Springs Road Intersection
• Projects were screened
using SS Round 4 • Pacific Avenue—17th&22nd Street Intersections
evaluation criteria and • RosemontRoad—Virginia Beach Blvd to Holland Road
analyzed for feasibility&
priority • Rosemont Road/Holland Road Intersection
• Rosemont Road/Bonney Road Intersection
There are the four(4)projects identified as strong candidates for Round 4. The next several slides will
provide an overview of each project:
3 II. SMART SCALE Round 4
• 0.5 Miles ',t;.uW � � � '.•�...
• #9 Most Congested Roadway • • j
Segment(2017) e�'^�;�^v' #
• Combination of conventional and
innovative design:
6-lane divided roadway from t
Independence Blvd to S Plaza
Trail - 4: •
Limit left-turns exiting
shopping centers/side streets l '
to create"Superstreet"
• Includes bike&pedestrian
improvements
• Site Acquisition Required ®~ -.•.i ,
Total Project Cost:$22 M j
February 18, 2020
32
CITY MANAGER'S BRIEFINGS
VDOT SMART SCALE ROUND 4 CANDIDATE PROJECTS
ITEM#70082
(Continued)
Independence Blvd/ Edwin Drive Intersection
....... •• #25 Most Congested Intersection
^« i (2017)
I' -6- I, d • Component of overall 1-264/
,,: Independence Blvd Interchange
h * - Study
_ • Innovative Intersection Design
i I _ Michigan left-turns on
- : Independence Blvd
'kri'llkit c .•,:.' - • Works with proposed Holland
ail 4, � I' � �— Road Improvements to reduce
t 1� «.•m. .. ,.., congestion
% —,., - • Site Acquisition Required
Total Project Cost:$10.8 M
II. SMART SCALE Round 4
-• -r
/..�Sm*1A lit ole:6.1•16.flwis.➢1i.L6 --_
i ,>k ''i` ( F 3-._ - Laskin Rd - L. C
a
Laskin $ram Laskin Rd Phase IA Laskin Rd Bridle .i Phase IS Mu"'
Phase lit - CIP 2-126 . GIP 2-040 �� CUP 2-156 Cip: .s F
f
Apply for SMART ar��.-4°IJfi Fully Funded ski' k Fully Funded, Partially Funded enrtl lly
J„#/ SCALE Round 4 t" 2 -Under Construct on ..- Under -"a Funded r!
' FundingZ. Nk h a ' Construction 4 is a,r •' +'.;t"`
j rJ _a a"
rr II
,
February 18, 2020
33
CITY MANAGER'S BRIEFINGS
VDOT SMART SCALE ROUND 4 CANDIDATE PROJECTS
ITEM#70082
(Continued)
3 II. SMART SCALE Round 4
• Repeated SMART Scale Round 3
Application m 0.s
• 0.7 Miles %._.
�"
�,
• 6-lane divided roadway from
Republic Road to Phillip Avenue ilk
• Green tee at Laskin Rd/Regency • • o €�s
Drive intersection 7 i ;,.
• Removes existing service/feeder �' i�
roads east of Regency Hilltop
• Includes bike&pedestrian .
improvements _
• Approved NEPA
Total Project Cost:$31.5 M
• Limited ROW Acquisition required
..Y; : CALE RAM `
--,--_, o►lti imp on"lc ItidmondSpnngs Road lnfier`sec#ion -Ai,
+"""'. rx " •" �./�� • #9 Most Congested Intersection
y- �. a0> (2017)
4 t 4, ' , ' • Innovative Intersection Design
;t ,_
f • Displaced left-turns on
i` °' • � i 4„ Northampton Blvd
t 3 .
• No Site Acquisition Required
i s
i. t,....----F p
'' II. . .c. C::11 I te-. - ./ l < s
February 18, 2020
34
CITY MANAGER'S BRIEFINGS
VDOT SMART SCALE ROUND 4 CANDIDATE PROJECTS
ITEM#70082
(Continued)
Here are the Funding Strategy Recommendations:
`- II. SMART SCALE Round 4
P3Y Mal.
(Aiding"Stra egy`Recoirimenaations " '
Project Total Project SMART SCALE Local Funds
Cost Request Commitment
Holland Road Improvements $22 M $15.4 M $6.6 M(30%)
Independence Blvd/Edwin Dr Intersection $10.8 M $8.6 M $2.2 M(20%)
Laskin Road Phase III $31.5 M $23.6 M $7.9 M(25%)
Northampton Blvd/Diamond Springs Rd Intersection $13 M $9.8 M $3.2 M(25%)
Totals: $77.3 M $57.4 M $19.9 M(26%)
• FY26&FY27 Local Funds
• Recommend 20%-30%Local Funds Commitment
Reduces SMART SCALE Request to better compete:
• 2 Intersection projects request<$10M-most awarded price range in Round 3
• Holland Rd Improvements request about$15M—competitive price point
• Additional local funds improves Laskin Road Phase IIlI score
Trend showing larger projects require more local commitment to compete
Here is the proposed Schedule Moving Forward:
M: II. SMART SCALE Round 4
c e•u e ov ng arwar•
City Council Briefing—February 18th
SMART Portal Opens—March 2nd
—• Pre-Applications due—April 3rd (4 applications)
• Pre-application window reduced from 3 months to 1 month for Round 4
City Council Resolution of Support Agenda Item— July 7th
--. Final Applications due—August 3rd
--, Project scores and recommended funding scenario released January,2021
• FY26&FY27 Funding(Federalized)
• $800M to$1B Funds Available(2 year period)
February 18, 2020
35
CITY MANAGER'S BRIEFINGS
VDOT SMART SCALE ROUND 4 CANDIDATE PROJECTS
ITEM#70082
(Continued)
0
Discussion
113
Mayor Dyer expressed his appreciation to Ms. Shannon for the presentation.
February 18, 2020
36
CITY MANAGER'S BRIEFINGS
CONVENTION AND VISITORS BUREAU WARM WEATHER CAMPAIGN
ITEM#70083
4:10 P.M.
Mayor Dyer welcomed Ron Kuhlman,Interim Director—Convention and Visitors Bureau, Tiffany Russell,
VP for Marketing and Communications—Convention and Visitors Bureau Lauren Townsend, Director of
Marketing— Convention and Visitors Bureau and Robby Wells, Head of Strategy — i am OTHER. Mr.
Williams expressed his 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 Mr. Williams, Mr. Kuhlman,Ms. Russell, Ms. Townsend and
Mr. Wells for the presentation.
February 18, 2020
VIRGMIRCBERCH
LIVE THE LIFE
Ron Kuhlman, interim CVB Director
Tiffany Russell, VP Marketing and
Communications
Lauren Townsend, Director of Marketing
Robby Wells, i am OTHER
City Council Briefing
February 18, 2020
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Lauren Townsend,
CVBDirectorof
Marketing
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increasing
e remain focused on
top - of- mind awa reness of Virginia
Beachin order to drive visita tion
an increase tax revenue for the
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Campaign Overview - Audience
- -
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AUDIENCE DEMOGRAPHICS
• Families (A25-54, HHI $75K+)
• Millennials (A27-36, HHI $65K+)
• Gen X (A37-50, HHI $751<+)
• Boomers/ Multi-Gen (A51-69,
HHI $1101(+) ` ,t
LIFESTYLE INTERESTS
• Culinary
• Craft Beer �� ,
• History
• Arts + Entertainment � �
• Outdoors
18
1
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Campaign Overview — Target Markets
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Hamilton
Detroit �' New York • Boston, MA
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,.,beg, t Bo ,`i, • NYC
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* Hartford, CT
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, • Pittsburgh, PA
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• Philadelphia, PA
ila Iph�a
west Virginia • Harrisburg, PA
Wash • on . • Columbus, OH
"ntcr[kY •Virgin Cleveland, OH
Rich on
• Cincinnati, OH
iptip h • Baltimore, MD
t'� • Washington, D.C.
Char�ottA' North Carnfmr,
V • Richmond, VA
Atinta South Carolina • Raleigh, NC
• Greensboro, NC
Georgia
• Charlotte, NC
19
Campaign Overview — Media Strategy
- --
The CVB will look to increase reach and frequency in our
key visitor markets, those with the greatest potential ROI
and propensity for visiting Virginia Beach during this
time period .
Integrated media placements will be strategically
balanced to increase front-of-mind awareness while also
creating a sense of urgency for Virginia Beach visitation
during the critical warm weather season .
20
Campaign Overview — Media Strategy
IWIEDIA MIX:
• Television
• Linear and Connected TV (CTV)/ Over-the-Top (OTT)
• Digital Video
• Programmatic Digital
• Social
• Out of Home (OOH )
• , Brand Partnerships
• Experiential/ Brand Activations
TIMING : Media running from March 2 — June 30, 2020.
21
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Robby Wells,
I am OTHER
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WE ' RE OPEN
WE REMAIN FIXATED ON
OPENNESS
AS A WAY TO WELCOME VISITORS
TO VIRGINIA BEACH .
O P E N N E S S
= WELCOMING
= INCLUSIVE
= CARING
= UNDERSTANDING
= MODERN
= READY, AS AN ALLY
WHEN PEOPLE FEEL LIKE THE CITY IS
FULL OF ALLIES - ALLIES IN . . .
SAFE , RELAXING ,
HASSLE - FREE FUN
THE CITY WILL BECOME A MAGNET.
OPEN
INVITING
READY
IT' S STRAIGHT FROM THE SITW
PLAYBOOK.
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WE' RE OPEN
This campaign dials up community involvement and civic pride by conveying
the hard work that the great people of Virginia Beach put in to prepare for-
and welcome people each Spring and Summer.
While doing so, we will highlight many of Virginia Beach's most
appealing offerings.
Inspired by the feelings post-SITW, we want to instill pride in the community,
while also showing that the community itself is open, dedicated and most
importantly, truly, personally welcoming of visitors.
The entire campaign will be set to an original Pharrell song called "Virginia."
29
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NLINE BANNERS
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Our beaches are open And ready for you and
your family
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VIRGMIR )BERCH VIRGMIR(t) BERCH V I RG M I R t) BEACH
LIVE THE LIFE LIVE THE LIFE LIVE THE LIEF
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50
They say there is Our stages are open
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51
EXPRESSIONS / BADGES :
SIGNS , STICKERS + MORE
As an extension of the TV/Digital spots, we will ..' J I
create actual expression of campaign participation,
including signs, stickers and for a select few
business giveaways, we will even make neon ..-„ ►
versions of our signs. ;�°k
"We're Open Virginia Beach"
To coincide with big events, we can allocate a small °
budget towards local co-branded signage.
i I
'.' 1 ■
52
MERCHANDISE:
WE ' RE OPEN ImERcH
We will use our creative muscle (and designer connections) to create a collection of
"We're Open" / "Virginia Beach is Open" merch. We will seed it at interesting retailers
and work to integrate it within the SITW festival merch offering as well.
We'll look at merch in tiers, from limited edition to inexpensive to at times, free.
r ` i,"Y.. Champion x Cactus Plant Flea Market I(HEART)VA VB Hoodie(SMALL)- Never SPIRATION
,, '1t, f • Fm 7y , worn
*" 4 r" (r. •4 Brand New
"r.� I r ' $125.00
�r d VS VA .� nr dOSi Otter
a
.$960 shlppmg
• Watch
osot A et
VIRGINIA ' 6144,0 ,WE'RE �' it�t �� �'
�. � 76), � - ��PEN ''�'�...-,, 2„i ,t,,, BEACH VIRGINIA BEACH
- Is
OPEN
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.: BC / ICE CREAM COLLAB 53
DIGITAL CONTENT:
MUSIC . COM + SONY MUSIC
te
I, ,..... e— ot.. --s)
w
1
1F-qn NW
REALIZE THAT YOUR DREAMS ► WATCH II
ARE ACHIEVABLE NOW ihietee *'' " " " r 4 ,A: 441
We will work with Sony Music to find Sony artists from 3 key markets around .. Ate"" "`". t
the countryto visit Virginia Beach duringSITW to attend the festival, enjoy the _ '" "Sti ,
9 •r
beach, the restaurants, and other attractions. Their trip will culminate with a ry''
performance on on the SITW festival stage. e "`
Music.com will document- and distribute their stories on Music.com and via
social media amplification on Music.com and Artist socials. ➢, .
These artists will reinforce all the wonderful attributes of the city, while deliverings.
04
and contextualizing the "Open" message. Footage is a mix of interview and re, r
docu-style interspersed with artist-own footage captured 'travel' style. ° `, ihr
54
COMMUNITY EXPRESSION :
6624HouRs oF op
On March 28th, the CVB, I am OTHER and The Vibe District
will join forces with small business owners, local influencers,
families, individuals and other local organizations will join in M � V
for"24 Hours of Open" — a spirited, fun but intense 24-hours 1 1 + ,�-,�
dedicated to public displays of preparation, beautification `
and make-readiness designed to broadcast to the
� "
vacationers that Virginia Beach is open and ready to for you.
Duringthese 24 hours, new murals will be painted, trees and
grass planted, buildings painted, skateparks resurfaced,
sidewalks power-washed and other volunteer projects that ,
are all documented for content and PR to be serviced to key
markets.
We will expand the program each year, as CVB will lead the
effort to rally more and more locals for this fun display of
civic pride designed to attract.
N
KEY MARKET ENGAGEMENTS:
SITW FILM SCREENINGS
In May, the CVB and I am OTHER will present special
screenings of the SITW documentary "Hydration" - the film
that details the SITW 2019 and its impact on members of
the Virginia Beach community. The screenings will take ' t' °
place in key markets for Virginia Beach tourism. toN;
Y+!
>,, wat �. "S'� „r ¢ :y,•'a,K'a. ^t.a ., x..,,q"' A i a.!�".."WY,u`.dx''
At each screening, the filmmakers will sit with key members
of the Virginia Beach community to discuss the festival and
its impact on the community, key !earnings and more.
Each screening will be promoted in each market creating
more attention for the city during this key Spring / Summer
timing.
56
CAMPAIGN OVERVIEW:
360 ° BRAND EXPERIENCE
DIGITAL & OUT OF HOME
SOCIAL
TV + DIGITAL MUSIC CONTENT
VIDEO PARTNERSHIP
(i.e.PITCHFORK)
VIRGINIA BEACH
WE ' RE OPEN
PR Pitching & SITW DOC
Media FAM SCREENINGS IN
KEY MARKETS
"24 HOURS" SIGNAGE &
LOCAL PRIDE DAY MERCHANDISE
57
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38
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
PRINCESS ANNE/WITCHDUCK ASSOCIATES 1, LC C/O ROBINSON Item
DEVELOPMENT GROUP
Council District Kempsville 1
Location 5161 Princess Anne Road
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CONDITIONAL USE PERMIT(Eating and Drinking Establishment with a Drive-Through Window)
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend Approval
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• Applicant seeking to purchase City-owned
property&develop with commercial center, °�
a ..5-
including a restaurant with drive-through 't-;f #f/.
• Drive-through for restaurant requires Conditional Use Permit
• Commercial center allowed by right in the B-4K District
• Drive-though meets City standards for queuing and screening with Category I landscaping
• Deviation from maximum setbacks required for buildings
i PRINCESS ANNE/WITCHDUCK ASSOCIATES 1,LC Item
February 18, 2020
39
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
CITY OF VIRGINIA BEACH Item
2
An Ordinance to Adopt and Incorporate into the Virginia Beach Comprehensive Plan
the Virginia Beach Resort Area Strategic Action Plan 2030 which will supersede the
Virginia Beach Resort Area Strategic Action Plan 2008 and to Amend Sections 1.1
(Planning Areas Planned Land Use Map),1.2(Urban Areas)Strategic Growth Area
Locator Map,and text pertaining to the Resort Strategic Growth Area.
(Public Hearing Only)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
There are twenty-seven (27)Planning Items scheduled for March 17`11:
SUMMARY — March 17th
27 Planning items scheduled for City Council's consideration
1.KODU,LLC&Ocean Properties,LLC-Rose Hall District \ e'�++c•`+-^•�•
• Modification of Conditions(Motor Vehicle Sales) 4,•`hi Ly"^h"""
• Recommended for Approval by Planning Commission&Staff eayside
2-Justin Miley-Princess Anne District g1
• Conditional Use Permit(Residential Kennel) tT -• F..>.
• Recommended for Approval by Planning Commission&Staff -'^Psy'ik
3.Suzanne Nicole Rupp Centerville District Rr +i'iw w..•..u,.s'
• Conditional Use Permit(Home-Based Wildlife Rehabilitation Facility) _
•'lV•ille __
• Recommended for Approval by Planning Commission&Staff
4.Spence Crossing Properties,LC-Centerville District
• Conditional Rezoning(Conditional B-4 Mixed Use District to \� s
Conditional PD-H2(A-36 Apartment District Overlay)) 1.
• Recommended for Approval by Planning Commission&Staff
S.&6.ludeo-Chdstlan Outreach Center,Inc.-Beach District r-{ p,;nvess Anne
• Conditional Use Permit(Single Room Occupancy Facility)
• Modification of Conditions(Group Home) I
• Recommended for Approval by Planning Commission&Staff ' ^�••'
February 18, 2020
40
CITY MANAGER'S BRIEFINGS
• PENDING PLANNING ITEMS
ITEM#70084
(Continued)
SUMMARY — March 17th
27 Planning items scheduled for City Council's consideration
7.City of Virginia Beach .e.r.an..n.c..ssc
An Ordinance to Adopt and Incorporate "�\�. Lvnnhaven
p into the Virginia Beach Comprehensive
Plan the Virginia Beach Resort Area Strategic Action Plan 2030 which will
aaysiee le:........
supersede the Virginia Beach Resort Area Strategic Action Plan 2008 and to PAmend Sections 1.1(Planning Areas Planned Land Use Map),1.2(Urban Areas) erStrategic Growth Area Locator Map,and text pertaining to the Resort Strategic , ~ '-+4
K mpivi 4
Growth Area a t,�teach 4e,.,...,...,.o•om
Rose Jlalt' e7,w" '
8.Donald Robertson—Beach District F �„.�„�,,,���
• Conditional Use Permit(Short Term Rental) f
• Recommended for Approval by Planning Commission&Staff '•.,
9.Martin Plaisted—Beach District
• Conditional Use Permit(Short Term Rental)
\ y
• Recommended for Approval by Planning Commission&Staff �1
10.Martin Plaisted—Beach District :l 2
• Conditional Use Permit(Short Term Rental) ' ' ss Princess_A.
• Recommended for Approval by Planning Commission&Staff t
3.
11,12,13,&14.Hanger Holdings,LLC—Beach District ^-`"" i
• Conditional Use Permit(Short Term Rental) Je••,•,re
• Recommended for Approval by Planning Commission&Staff "
SUMMARY — March 17th
27 Planning items scheduled for City Council's consideration
15.Mary Ann Cox—Beach District - wrc.w-w•c—
• Conditional Use Permit(Short Term Rental) "". Lynnhav\veene
• Recommended for Approval by Planning Commission&Staff rF4\
16.Steve Goreham—Beach District (pr e
• Conditional Use Permit(Short Term Rental) • + Pen~4w.�
• Recommended for Approval by Planning Commission&Staff K mpsvit, • �
�-`l eeac f
•
•! Rose Hill:, "••' \
17.Richard Fleming—Beach District „
• Conditional Use Permit(Short Term Rental) ` a ▪4,_ �'�~��4�{�t
• Recommended for Approval by Planning Commission&Staff Me"' `., —f
SB.lu• ce ndit oon l Beachse D (St - \ '� `
• Conditional Use Permit(Short Term Rental) •
• Recommended for Approval by Planning Commission&Staff \
19.Kevin D.Bryan—Beach District } ,
• Conditional Use Permit(Short Term Rental) a
• Recommended for Approval by Planning Commission&Staff Princess Ar
20.Joshua J.Coe,Trustee—Beach District „,-••• "�,�•" j
• Conditional Use Permit(Short Term Rental)
• Recommended for Approval by Planning Commission&Staff •
a+•+•"'"'
February 18, 2020
41
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
SUMMARY — March 17th
27 Planning items scheduled for City Council's consideration
21,22,&23.Christopher Taing-Beach District - .!+••c•e••-TMca r,c
• Conditional Use Permit(Short Term Rental) Lynnhaven
• Recommended for Approval by Planning Commission&Staff nIde 6
24.Jackie Yost-Beach District. ! I da ..e...
• Conditional Use Permit(Short Term Rental) f �� "e' .•.lay —
• Recommended for Approval by Planning Commission&Staff K mpsO iiR Y f"" �dM,
r LLBeac t Te\.c '
`', Rose ilatl'. e""
25.Susan E.Markley-Beach District s o ...ri. J`
• Conditional Use Permit(Short Term Rental) ''ns Jle"'e' �— �
• Recommended for Denial by Planning Commission&Staff .,1-vL..
t. N..% \
26.Elizabeth Anne Gregory-Beach District ~.
• Conditional Use Permit(Short Term Rental)
• Recommended for Approval by Planning Commission&Staff
if
27.Shiplap Cottage-The Cove,LLC-Lynnhaven District - F
• Conditional Use Permit(Short Term Rental) Princess Ac,,,
• Recommended for Approval by Planning Commission&Staff ..
S.
4
KODU, LLC & OCEAN PROPERTIES, LLC Item
Council District Rose Hall
Location 1159 & 1165 Lynnhaven Parkway
, .........., ''' ' 97; /
`v
�• ` i \\ ,t
j,.
MODIFICATION OF CONDITIONS(Motor Vehicle Sales)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
February 18, 2020
42
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
• Request a Conditional Use Permit to expand existing auto sales operation onto vacant adjacent property
• Existing 2,800 square foot building serves as sales office
• Single vehicular access along Lynnhaven Parkway
if i '---1:
)
r
Z I -''— + -
KODU,LLC&OCEAN PROPERTIES,LLC Agenda Item 1
JUSTIN MILEY Item
Council District Princess Anne
Location 3253 Hungarian Road 2
, riglow ..' 1. -..,i
_____ _ _T-------------- .......,,,,,,,:o ,
suram. --- .,,
iiii I ' 2 \,.. \ :..1 "
111110112111111111111
CONDITIONAL USE PERMIT(Residential Kennel)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
February 18, 2020
43
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
t • Request a Conditional Use Permit for a Residential Kennel
/----
• Zoning Ordinance limitation of 4 dogs
• Proposal to have 4 companion/house dogs&6 hunting
dogs
,,--}-:; • Fenced in area as well as outdoor kennel proposed
N=v — _ --r--- 7---R- —— -
1 -`-T 0 .n•1{ LA lasmucnie
JUSTIN MILEY Agenda Item 2
SUZANNE NICOLE RUPP Item
Council District Centerville
Location 1916 Kempsville Crossing Lane 3
„„
.....
tq
Nt\,/,
, ‘
:,...,,,,_ n
7 r <
CONDITIONAL USE PERMIT(Home-Based Wildlife Rehabilitation Facility)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
February 18, 2020
44
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
• Request Conditional Use Permit for Home-Based
Wildlife Rehabilitation Facility
f .-
�4.,, ay:a.- • Nursery for small injured or orphaned mammals,
I's�ri_ +ica such as rabbits&squirrels
.,' .as—
`. -x`.. : ., 'Ir _ • Applicant pursing licensure with VA Department of
It/ '117 p Game&Inland Fisheries
Pre-Release "TA/ .,�,
Enclosure f11�F _
Ir Whites WWI) t
Family rir-
II'Privacy
Fans _
A. -
it
i R
SUZANNE NICOLE RUPP Agenda Item 3
SPENCE CROSSING PROPERTIES, LC Item
Council District Centerville
Location Southwest Corner of Princess Anne Road&South Independence Boulevard 4
t. - ', .
t a.;
t
lk
} i
V`� -- �� r ir`•'• Al.,e .4'.Cm"
-60 -/.w �
CONDITIONAL REZONING(Conditional 8-4 Mixed Use District to Conditional PD-H2(A-36 Apartment District Overlay))
Staff recommends Approval
Planning Commission voted 8 to 0,with 1 Abstention,to recommend Approval
February 18, 2020
45
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
•; a u 4*
4".414
'" "' s
' •.' -2 ,em A i it ifY
ii
- -
{ n. I. -
• Proposal to rezone remaining commercially-zoned property in -.4 • , re
Spence Crossing to construct 224 multi-family residential units - _ -
• Proposed architecture reflective of the existing residences throughout the neighborhood
• Proposed amenities include dog park,pocket parks,trails and community pool
• Traffic signal proposed at Spence Crossing Way&S.Independence Boulevard intersection
SPENCE CROSSING PROPERTIES,LC Item 4
JUDEO-CHRISTIAN OUTREACH CENTER, INC. Items
Council District Beach 5 & 6
Location 1053 Virginia Beach Boulevard
rr III �'_-i _ \ �,,2
OR
ii. ii _ J l2 ___. —.DJ.'- vY!n'+ � - _Bm�2\i
1 I I x�� / 1 A.12
l 92 l \ '
/ ac. N�•c'
j A-18 ��
��; ��
Conditional Use Permit(Single Room Occupancy Facility)
Modification of Conditions(Group Home)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
February 18, 2020
46
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
LI
• Proposal to redevelop property to include a CUP
for a Single Room Occupancy Facility for up to 38 =x rTs - du
units,and a Modification of Conditions in order — %J
to continue food service to public
• 2-phase redevelopment 20,644 square foot,3- t 0
story building with dwelling units,offices&
kitchen/dining hall;24-space parking lot
JUDEO-CHRISTIAN OUTREACH CENTER,INC. Items 5&6
CITY OF VIRGINIA BEACH Item
7
An Ordinance to Adopt and Incorporate into the Virginia Beach Comprehensive Plan
the Virginia Beach Resort Area Strategic Action Plan 2030 which will supersede the
Virginia Beach Resort Area Strategic Action Plan 2008 and to Amend Sections 1.1
(Planning Areas Planned Land Use Map),1.2(Urban Areas)Strategic Growth Area
Locator Map,and text pertaining to the Resort Strategic Growth Area.
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
February 18, 2020
47
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
Mr.Landfair turned the presentation over to Mr.Kemp to provide Planning Items 8—27,Short Term Rental
Conditional Use Permits:
SHORT TERM RENTAL CONDITIONAL USE PERMITS Items
8-27
• 19 Recommended for Approval by Staff&Planning Commission on Consent Agenda
• 1 Recommended for Denial by Staff&Planning Commission due to insufficient parking*
Beach District Lynnhaven District
8.Donald Robertson-417 16.Street 27.Shiplap Cottage—The Cove,LLC—20187.Street,Unit A
9.Martin Plaisted-1738 Baltic Avenue
10.Martin Plaisted-338 25 1/2.Street
11,12,13,&14.Hanger Holdings,LLC-207 12.Street,Units 1,2,3,4
15.Mary Ann Cox—905 Pacific Avenue,Unit D
16.Steve Goreham—325 25.Street
17.Richard Fleming—2937 Arctic Avenue
18.Justyce Swango—521 Carolina Avenue
19.Kevin D.Bryan—209 S.Birdneck Road
20.Joshua J.Coe,Trustee—407 18`"Street,Unit D
21,22,&23.Christopher Taing—417 20.Street,42120c"Street,Units Al&82
24.Jadcie Yost—301 Winston Salem Avenue
25.Susan E.Markley—62914.Street•
26.Elizabeth Anne Gregory—635 South Atlantic Avenue
DONALD ROBERTSON Item
Council District Beach
Location 417 16th Street 8
...... _ \ ...... _
` R , , -____—
• ^ ,1 , 1 ax ��
O __i
__
`` ,<A,r--
`, as
I�y a 55 -
! l 1 _a tl
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
February 18, 2020
48
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
I
C I ill
Y i
� ; '� � n�ir '4 surface � _ +'
r 2 a `+„'v parking
m 4 '• dw.-",.r I: spaces
H
• Request a Conditional Use Permit for 4-bedroom
Short Term Rental at the oceanfront
• Single-family dwelling built in 1927
• 4 parking spaces required,sufficient on-site parking
spaces provided
DONALD ROBERTSON
Item 8
MARTIN PLAISTED Item
Council District Beach
Location 1738 Baltic Avenue 9
. _,,,, , ,,,, ,,, \____,„___:„ ,,,,,,,,._.
_..
. , , ,M,t _.—n V--' \ 1 ,, 'A oft \'` ..,
Y OH
v. s—sAl2`
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
February 18, 2020
49
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
.-•-
t ) _
•
Parldoe
L Iry
4,1—.. .i.
fin yours.
1 _
—.
Sal**maw
•
• Request for a Conditional Use Permit for 2-bedroom Short Term Rental on property zoned
OR Oceanfront Resort District
• Condominium building constructed in 1984
• 2 on-site parking spaces required&provided
MARTIN PLAISTED Item 9
MARTIN PLAISTED Item
Council District Beach �0
Location 338 25 1/2Street
"x
w
L l
♦ %? '.�
ANJ N
1 0 ,
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
February 18, 2020
50
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
---61111111111111111111111
Parma 1 Drivemy
n
K -4\
S fs street i 1 M Garage
u
z ?ra :.e.ar
s apartment
11111
u f.- '� taisism ta.,
25'"Street
• Request a Conditional Use Permit for 2-bedroom Short Term Rental on property zoned
OR Oceanfront Resort District
• Building constructed in 1981
• 2 on-site parking spaces required&provided,including 1 in the garage
MARTIN PLAISTED Item 10
HANGER HOLDINGS, LLC Items
council District Beach 11, 12,
Location 207 12th Street, Units 1, 2,3,4 13 & 14
_ I
s
t
`_ • 1
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
February 18, 2020
51
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
■: IF 6i
3 - ,y 4
' e Apart —3 bedrooms per
111ent5 apartments
12
Parking
Spaces
• Request a Conditional Use Permit for a 4-unit Short '
12tn Street
Term Rental on property zoned OR Oceanfront Resort =_
District
• Each unit contains 3 bedrooms
• 12 on-site parking spaces required&provided
HANGER HOLDINGS,LLC Items 11,12,13,&14
MARY ANN COX Item
Council District Beach 15
location 905 Pacific Avenue, Unit D
+t
J �
,......,
\ i:
¢¢
-. •� 0.0
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
February 18, 2020
52
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
a
..;., 4 $ t • sp..
nt
Norfolk Avenue
• Request a Conditional Use Permit for a Short Term Rental on property in the OR Oceanfront Form-Based
Code District
• 2 bedroom apartment dwelling
• 2 parking spaces required;1 space provided on-site,1 space leased in 9'h Street Parking Garage
MARY ANN COX Item 15
STEVE GOREHAM Item
Council District Beach
Location 325 25th Stree 16
t
,z oA
G;;;w►
'111011.-01101W10 4"
.010,0011_00�,� �
WOOTAIO
-
•
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
February 18, 2020
53
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
II
5ee�alk Sk —
ea.• Request a Conditional Use Permit for a Short Term Rental on
property within the A-24 Apartment District(Old Beach 9s,18'w ;,,` ke'ae„ ;e,,,e; om�w.r
Overlay) space voee
• 2-bedroom townhome-style condominium unit
• 2 off-street parking spaces required;2 spaces provided(1 in the
garage,1 in the driveway)
Steve Goreham Item 16
RICHARD FLEMING Item
Council District Beach
Location 2937 Arctic Ave 17
.,---,,,
, .
____
= ,r
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
February 18, 2020
54
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
ISe a T,
E"
f- '_ F
,• • J
R
.
y s -'
• Request a Conditional Use Permit for a Short Term Rental on property within the 4,,,
OR Oceanfront Form-Based Code District ft.S
__
• 3-bedroom townhome dwelling
• 3 off-street parking spaces required;3 spaces provided(1 in the garage,2 in the ARCTIC AYEIUE
driveway)
9'a18'parkins sWee 18'parkins space
In 9k prase
Driveway
Richard Flemming Item 17
•
JUSTYCE SWANGO Item
Council District Beach
Location 521 Carolina Avenue 18
\-- ___,
— A \ ,,
,,
,,,_
. � �� x s,,s n<,. ,. ..
•
...... ,
,,:-.-, , .,,,.,
____
_ , ,---2,\,a, T.''7''.7;:),,_ Li
1
,••
I'll dp` 5, R-.
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
February 18, 2020
55
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
p,
7 >m , Driveway
•
§ 9's1g'
i � parking space
^ALB >
• Request a Conditional Use Permit for a Short Term °0.°° -
Rental on property within the R-5S Residential District
CAROUNA AVENUE
• 4-bedroom single-family dwelling
• 4 off-street parking spaces required&provided
CEBT Properties,LLC Item 18
KEVIN D. BRYAN Item
Council District Beach
Location 209 S. Birdneck Road 19
- —
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
February 18, 2020
56
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
Driveway
ems. 111 PIM%
In garage
• Request a Conditional Use Permit for a Short Term Rental on property
within the R-10 Residential District near the oceanfront ,
• 5-bedroom single-family dwelling
• 5 off-street parking spaces required;5 spaces provided(1 in the garage,
4 in the driveway)
CEBT Properties,LLC Item 19
JOSHUA J. COED TRUSTEE Item
Council District Beach �O
Location 407 18th Street, Unit D
...._
....r...1,,..„,,
4„,,ottunalk __-- ,
on v., ea
_____, , ii-ivr•-wro \
..._,_ ,,, ,
G t
__ _ ..0„. ... .. .......
...
........
‘\'‘' , ;-04, ,,,:-.. _\_ ii, __'
✓ oa
c:0 . van ,
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
February 18, 2020
57
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
•"ram *k.;'' Na4
... 5.
i, tE I
• Request a Conditional Use Permit for a Short Term s s ee
Rental on property within the OR Oceanfront Form-
Based Code District
• 4-bedroom unit in a multi-family dwelling
• 4 off-street parking spaces required;4 spaces
provided(2 in the garage,2 in the driveway)
JOSHUA J.COE,TRUSTEE Item 20
CHRISTOPHER TAING Items
Council District Beach 21, 22 &
Locations 417 20th Street,421 20th Street, Units Al& B2 23
m
j S a 1 21 1'
\ k _'S'... -
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
February 18, 2020
58
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
ili iiiii 4- Faim RI p—214V.:i7,
G :1111. 1 :
i ' • a
421 .t� ail y
9' 401
T4a Vt.-r.V. r IPr
w\3 43:r /
• Request Conditional Use Permits for a total of 3 Short Term Rentals on •S
2 adjacent properties with same owner s no • I ;,'
• 2-bedroom single-family dwelling(417 20th St),4-bedroom duplex
(42120th St)located within the OR Oceanfront Form-Based Code
District
• 6 off-street parking spaces required;6 spaces to be provided on-site
with access from the alley
CHRISTOPHER TAING Items 21,22,&23
JACKIE YOST Item
Council District Beach
Location 301 Winston Salem Avenue 24
_ _ irk,'}a4. IT _,cy '"n/—' cA
-ip je
„-----"i \ ,,as.''''' 1 .','--1,\'' 1 /71
--\ 1
t li Ass; —f0� r-/r.t
/"RiJ :Ai f
�i 1 1
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
February 18, 2020
59
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
_ �. .off w .
II,.
\r
r
• Request a Conditional Use Permit for a Short Term Rental on ••"'"
property within the R-55 Residential District in the •
Shadowlawn neighborhood at the oceanfront
• 4-bedroom single-family dwelling
• 4 off-street parking spaces required&provided(1 in the
garage)
JACKIE YOST Item 24
SUSAN E. MARKLEY Item
Council District Beach
Location 629 14th Street 25
- _ ,---
,,,,„,
a
y- _, 1_,
, _,
—\ ...„....., 51, ...„,..." ,„
\ -_' _
0,
____--\-, ___
,_, .
R50_ __. „. , .
., u„_,.,„_, , , „ ,,„ „,,, ,
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Denial
Planning Commission voted 8 to 0 to recommend Denial
February 18, 2020
60
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
iIMP.
Le az _.L I i--
as ._ a - - MS n, ,4,w STREET
• Request a Conditional Use Permit for 2-bedroom Short Term Rental at the oceanfront
• Parcel only 3,750 square feet in size,577 square foot single-family dwelling built in 1920
• 2 parking spaces required,only 1 on-site parking space provided
• Applicant seeking off-site parking option to address parking shortage
SUSAN E.MARKLEY Item 25
ELIZABETH ANNE GREGORY Item
Council District Beach
Location 635 South Atlantic Avenue 26
..... _
__ , , .
--_ - - \ — --,---,
, , ,,, ,._._„_, .. __ _ ,
-,./.,--- ,
,,,, , , _._, „„,,,, , _ ,
, ,,,_--.-,,,,,.„_,, , ,
, -:-.,_,. - 0. 1 __
,......., ___, _____-_-____
. ,_
/ ...,
o
, ,
,,, __„_, ..,,
,___
, . . ,, r ,
. , ,
,, .
...,,,. , ,„.
, , _sr, --.,, --„,..,_---.R ',.----,.--:_,.‘\
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
February 18, 2020
61
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
( 15'ALLEY
a _ tom,
•
uta sra
VW WM 11,41-• Request a Conditional Use Permit for a Short Term Rental
on property within the R-10 Residential District in the
Croatan neighborhood at the oceanfront °0"t°`"""""" ' • `
SOUtl,AMN110 AIVE. S :VW)
• 4-bedroom single-family dwelling
• 4 off-street parking spaces required&provided
ELIZABETH ANNE GREGORY Item 26
SHIPLAP COTTAGE —THE COVE, LLC Item
Council District Lynnhaven
Location 201 87th Street, Unit A 27
T.
� n t
NE!
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
February 18, 2020
62
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70084
(Continued)
f 1111111 1 _ �.T� - _-
, .r.•„ • �......'
- - /%
• Request a Conditional Use Permit for a Short Term Rental on i',viii/
property within the R-5R Residential District(North End
Overlay) .«`"�
• 1 unit within a duplex dwelling,Unit A /� `
• 1-bedroom unit requires 1 off-street parking space, •-• """"� ""' "t`
Z;a; -vd
provided on-site in driveway ....e. *, g_ 6; ,P
SHIPLAP COTTAGE—THE COVE,LLC Item 27
Mayor Dyer expressed his appreciation to Mr. Landfair and Mr. Kemp for the presentation.
• February 18, 2020
63
CITY COUNCIL COMMENTS
ITEM#70085
4:15 P.M.
Vice Mayor Wood referenced the DEQ report on Buchanan Creek and confirmed with Acting City Manager
Leahy, the State essentially agreed with the City's position but only after spending approximately$500,000.
Vice Mayor Wood confirmed the City completed our study entirely in-house and substantially less than
$500,000.
February 18, 2020
64
CITY COUNCIL COMMENTS
ITEM#70086
(Continued)
Council Member Tower advised he would like to have a discussion concerning the recent story in the
Virginia Pilot regarding the Treasurer's Office issuing refunds.
Acting City Manager Leahy advised he would reach out to the Treasurer and provide an update.
February 18, 2020
65
CITY COUNCIL COMMENTS
ITEM#70087
(Continued)
Council Member Wooten advised this week is National Entrepreneur Week and in recognition, she will
hold this year's first Ignite Business Series event on Saturday, February 22, 2020,from 8:30 A.M. to 12:00
P.M. Council Member Wooten expressed her appreciation to City Council for their support with the event.
February 18, 2020
66
CITY COUNCIL COMMENTS
ITEM#70088
(Continued)
Council Member Henley advised she would like to have a City Council briefing regarding the two different
wind energy projects listed on the Agenda. Council Member Henley believes it is important to receive a
briefing, so not only City Council, but the public can understand, the opportunities these types of projects
will bring to benefit the City.
February 18, 2020
67
CITY COUNCIL COMMENTS
ITEM#70089
(Continued)
Council Member Henley advised she would like to have a briefing on the recent shootings all over the
Region and particularly in our City, as there were three (3) shootings last week throughout the City.
Council Member Henley referenced the COMSTAT Report given by Chief Cervera last week, but would
like information, if available, to understand the specific motive and what, if any, trends identified.
February 18, 2020
68
CITY COUNCIL COMMENTS
ITEM#70090
(Continued)
Council Member Moss requested to know if the City Auditor is ready to release his final report concerning
his investigation of the Economic Development Department.
February 18, 2020
69
CITY COUNCIL COMMENTS
ITEM#70091
(Continued)
Council Member Moss requested information should the Institutionalized Regional Funding for Transit
Transportation ben enacted into law, would the City no longer be required to pay$5-Million per year.
February 18, 2020
70
CITY COUNCIL COMMENTS
ITEM#70092
(Continued)
Council Member Moss advised he has been actively discussing and receiving feedback regarding a policy
to increase parent leave to twelve(12)-weeks during his recent Town Hall events and plans to propose the
policy change during the budget process.
Council Member Moss requested to know if the proposed change to district voting will be moving forward,
advising he does not want to forget and run out of time in order to get a Referendum regarding District
Voting on the Ballot in November and requested to discuss at the upcoming retreat,
Council Member Abbott advised she will be bringing forward in March a Resolution to place the
Referendum on the November Ballot.
•
February 18, 2020
71
CITY COUNCIL COMMENTS
ITEM#70093
(Continued)
Mayor Dyer presented Council Member Abbott with a framed photograph of her participating in the
Morning of Hope event held September 28, 2019, sponsored and provided by Hampton Roads Survivors of
Suicide Support Group, Inc. Mayor Dyer expressed his appreciation to Council Member Abbott for her
participation on behalf of City Council.
February 18, 2020
72
CITY COUNCIL COMMENTS
ITEM#70094
(Continued)
Council Member Moss requested information on targeted incentive retention contracts to look at ways to
improve the stability of City employees with critical skills. Council Member Moss understands this may
not be possible in the upcoming budget but should be considered in the future.
February 18, 2020
73
AGENDA REVIEW SESSION
ITEM#70095
5:23 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
J. ORDINANCES/RESOLUTIONS
1. Resolution to DIRECT the City Manager to IMPLEMENT all recommendations from the
Disparity Study(Requested by Council Members Rouse and Wooten)
2. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Intergovernmental
Agreement with the Virginia Department of Agriculture and Consumer Services re purchase of
Agriculture Reservice Program (ARP) easements
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) —
Deferred from February 4, 2020
4. Ordinance to AUTHORIZE the acquisition of property in fee simple re Elbow Road Extended
Phase II-B and the acquisition of temporary and permanent easements, either by agreement or
condemnation
5. Ordinance to DECLARE approximately twenty (20) acres of City property in Princess Anne
Commons between Landstown and Dam Neck Roads in EXCESS and AUTHORIZE the City
Manager to enter into an Option to Purchase and Real Estate Sale Agreement with Avangrid
Renewables, LLC re development of a Wind Energy Substation
6. Ordinance to ESTABLISH CIP #6-113 "Various HRSD Coordination" and APPROPRIATE
$797,000 from the Hampton Roads Sanitation District (HRSD) to the FY 2019-20 Capital
Improvement Program (CIP) re design and construction utilizing HRSD contributions
7. Ordinances to TRANSFER:
a. $441,775 from General Fund Reserve for Contingencies to the FY2019-20 Voter Registration
and Elections Office Operating Budget re Democratic Presidential Primary Election on
March 3, 2020
b. $118,104 and$128,316 within the FY2019-20 Public Works'General Fund Operating Budget
re purchase of tablets and implementation costs for a mobile work order system
c. $2,073,503 within the FY 2019-20 Water and Sewer CIP and APPROPRIATE$2,170,923 in
retained earnings re three(3) Water and Sewer Capital Projects
8. Ordinance to MODIFY Appropriations and TRANSFER $824,201 within the FY 2019-20
Housing and Neighborhood Preservation Operating Budget re adjustments in Federal and State
funding
J. ORDINANCES:
ITEM#3 WILL BE CONSIDERED FOR WITHDRAWAL
COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#5
February 18, 2020
74
AGENDA REVIEW SESSION
ITEM#70095
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
K PLANNING
1. BISHARD FAMILY REAL ESTATE, LLC for a Variance to Section 4.10) of the Subdivision
Regulations re subdivide the existing parcel into three(3)lots at 312 Gatewood Avenue DISTRICT
6—BEACH
2. FRANKLIN JOHNSTON GROUP MANAGEMENT& DEVELOPMENT, LLC/SECURITY
STORAGE& VAN COMPANY OF NORFOLK, VIRGINIA,INC.for a Conditional Change of
Zoningfrom I-1 Industrial to Conditional A-36 Apartment re develop up to 160 multi family units
at 4545 South Boulevard DISTRICT 3—ROSE HALL
3. VILLAGE CHURCH for a Modification of Conditions re religious use at 4013 Indian River Road
(Approved December 6, 2011)DISTRICT 7—PRINCESS ANNE
4. JAMES P. WOOTTONfor a Modification of Conditions re community boat dock at 1732 Lovetts
Pond Lane(Approved June 23, 2009)DISTRICT 5—LYNNHAVEN
5. RED HEAD REALTY for a Conditional Use Permit re non-commercial marina at Mill Landing
Road East of Stone Road intersection DISTRICT 7—PRINCESS ANNE
6. FERGUSON WEDDING COMPANY, LLC/LONG BAY POINT PARTNERS, LLC for a
Conditional Use Permit re assembly use at 2105 West Great Neck Road DISTRICT 5 —
LYNNHAVEN
7. 7-ELEVEN, INC.,for a Conditional Use Permit re automobile service station at 2205 Princess
Anne Road DISTRICT 7—Princess Anne
8. BRANDY FLOTTEN for a Conditional Use Permit re short term rental at 1804D Baltic Avenue
DISTRICT 6—BEACH
9. HH VB2,LLC for Conditional Use Permits re short term rentals at:
a. 400 33rd Street
b. 402 33rd Street
c. 3216 Arctic Avenue
DISTRICT 6—BEACH
K. PLANNING ITEMS:
ITEM#1 WILL BE CONSIDERED FOR DEFERRAL TO MARCH 17,2020
ITEM#2 WILL BE CONSIDERED FOR DEFERRAL TO MARCH 17,2020
COUNCIL MEMBER JONES WILL ABSTAIN ON ITEM#5
ITEM#8 WILL BE CONSIDERED SEPARATELY
APPLICANT HAS REQUESTED WITHDRAWAL FOR ITEM#9a/b/c
February 18, 2020
75
ITEM#70096
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:
PUBLIC CONTRACT: Discussion of the award of a public contract
involving expenditure of public funds, and discussion of terms or scope of
such contract, where discussion in an open session would adversely affect
the bargaining position or negotiating strategy of the public body pursuant
to Section 2.2-3711(A)(29)
• Dome Site
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
• Rose Hall District
• Beach 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).
• Mid-Atlantic Arena v. City of VB
• Seidenstriker v. City of VB
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 18, 2020
76
ITEM#70096
(Continued)
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council voted to proceed
into CLOSED SESSION at 4:31 P.M.
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
Break 4:31 P.M. —4:45 P.M.
Closed Session 4:45 P.M. —5:59 P.M.
February 18, 2020
77
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
FEBRUARY 18,2020
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 18, 2020, at 6:00 P.M.
Council Members Present:
Jessica P.Abbott, 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:
Michael F. Berlucchi-Ill
INVOCATION: Pastor Tim Dryden
New Covenant Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard
Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34th Street Suite
102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size
of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an
interest in numerous matters in which she is not personally involved and of which she does not have
personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and
Local Government Conflict 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 18, 2020
78
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 18, 2020
79
ITEM— VI-E
CERTIFICATION
ITEM#70097
Upon motion by Council Member Tower, seconded by Council Member Wilson, City Council CERTIFIED
THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
*Council Member Moss stepped out during the Dome Site discussion due to conflict of interest
February 18, 2020
cotittge
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RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINL4 BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the
affirmative vote recorded in ITEM#70096 on Page 76 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.
•
—kLE ---
Amanda Barnes, MMC
City Clerk February 18, 2020
80
ITEM-VLF.1
MINUTES
ITEM#70098
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council APPROVED the
CORRECTED MINUTES of the INFORMAL and FORMAL SESSION of January 21,2020
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott,Mayor Robert M.Dyer,Barbara M. Henley, Louis R.
Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Vice Mayor James
L. Wood and Sabrina D. Wooten
Council Members Abstaining:
Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
February 18, 2020
81
ITEM-VLF.2
MINUTES
ITEM#70099
Upon motion by Council Member Wooten, seconded by Council Member Rouse, City Council APPROVED
the MINUTES of the INFORMAL and FORMAL SESSION of February 4,2020
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott,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:
Michael F. Berlucchi
February 18, 2020
82
ITEM-VLF.3
MINUTES
ITEM#70100
Upon motion by Council Member Wooten,seconded by Council Member Wilson, City Council APPROVED
the MINUTES of the SPECIAL SESSION of February 11,2020
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott,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 James L. Wood
Council Members Absent:
Michael F. Berlucchi
February 18, 2020
83
ITEM— VLG.1
MAYOR'S PRESENTATION
ITEM#70101
RESOLUTION IN RECOGNITION OF DERRICK NNADI
Council Member Rouse, on behalf of Mayor Dyer, welcomed Derrick Nnadi and presented the Resolution
to recognize the Virginia Beach native with pride as a true professional athlete and humanitarian who has
brought honor and distinction to the City.
Mr. Nnadi expressed his appreciation to City Council and said he is grateful to be able to give back to his
community. He reflected on advice he had been given, to ensure the City is "secure"and it has been his
goal throughout his life.
February 18, 2020
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RF.SOL UTION
WHEREAS: Derrick Nnadi, the youngest of seven children born in Virginia to a pair of Nigerian immigrants,
attended Ocean Lakes High School where he excelled in football. Derrick was named First Team All Beach District
and All Eastern Region in 2012,First Team All-Tidewater in both 2012 and 2013 and the 2013,Beach District Co-
Defensive Player of the year. Derrick played in the US Army All American Bowl and the Chesapeake Bowl(Virginia
High School All Star Game)in 2014 before graduating as a four-star recruit and considered one of the top interior
lineman in the country;and
WHEREAS:Derrick Nnadi received offers to play football from seventeen 117)Division 1(FBS)programs including
Virginia Tech.Ohio State and Virginia before ultimately choosing Florida State;and
WHEREAS: Derrick Nnadi played in 7 games as a freshman. 12 games as a sophomore and junior, and 13 as a
senior. Derrick was named Third Team All-ACC(Media)in 2015,First Team All-ACC(Coaches)and Third Team
All-ACC(Coaches)in 2016,ACC Defensive Lineman of the Week for Week 9 for his performance against Clemson
in 2016,and was on the Preseason Watch List Member for the Bednarik, Outland,and Nagurski Awards in 2017.
Derrick earned Defensive Most Improved Player after Florida State University 2016 Spring Season;and
WHEREAS: Derrick Nnadi was a third round(75`h overall)draft pick of the Kansas City Chiefs in the 2018 National
Football League(NFL)Draft. Derrick,in just two years playing in the NFL,has 27 total starts,planing in 31 games.
with 83 tackles, I sack, 1 pass defended and 1 interception. Derrick started as the Right Defensive Tackle for the
Chiefs during Super Bowl LIV where Kansas City Chiefs defeated the San Francisco 49ers 31-20;and
WHEREAS: Derrick Nnadi following what his father taught him. "As Nnadis,we don't receive,we give,"Derrick
was named Week 0 National Football League Players Association (NFLPA) Community MVP for providing a
shopping spree for a victim's family following the Virginia Beach mass shooting and hosting two back-to-school
events for kids in Kansas City and Southeastern Virginia. These are the latest in a string of community initiatives
Derrick has been involved with including hosting a Thanksgiving turkey drive,participating in the Hampton Roads
Youth Foundation weekend and recently taking part in the Chiefs annual visit to Ronald McDonald House to kick off
Red Friday week. Derrick partnered with the Kansas City Pet Project to personally pay for a dog's adoption fees
every time the Chiefs won. Derrick then decided if the Chiefs won the Super Bowl, he would pay for every dog's
adoption fee which ended with 109 dogs finding forever homes at the cost of$150 per dog;and
NOW THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council, whose signatures are affixed
below, with great pride, recognize on of our own, a true professional athlete and humanitarian who has brought
honor and distinction to Virginia Beach.
Adopted by the Council of the City of Virginia Beach, Virginia the 184'day of February,2020.
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84
ITEM— VLH.1
PUBLIC HEARINGS
ITEM#70102
Mayor Dyer DECLARED a PUBLIC HEARING:
LEASE OF CITY PROPERTY
Approximately 5.45 acres to Orsted Wind Power North America, LLC
(located at Lynnhaven Inlet)
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Andrew Broyles, 3604 East Strafford Road, Phone: 621-2082, spoke in OPPOSITION
Tim Solanic, 3612 Dupont Circle, Phone:287-0320 spoke in OPPOSITION
Todd Solomon (Shore Drive Community Coalition), 2260 First Landing Lane, Phone: 490-5733, spoke in
OPPOSITION
Hayes Framme(Orsted representative), 224 59th Street, spoke in SUPPORT
There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING
February 18, 2020
85
ITEM— VI.H.2
PUBLIC HEARINGS
ITEM#70103
Mayor Dyer DECLARED a PUBLIC HEARING:
DECLARATION AND SALE OF EXCESS CITY PROPERTY
Approximately 20 acres located in Princess Anne Commons to Avangrid Renewables,
LLC(between Landstown and Dam Neck Roads)
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 18, 2020
86
ITEM— VLI.1
FORMAL SESSION AGENDA
ITEM#70104
Mayor Dyer read the Speaker Policy and advised for legislative 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. Further, Mayor Dyer advised for Planning Items where only one (1) speaker is
registered, the speaker will be given three (3) minutes to speak followed with City Council determining if
the planning item, previously designated for the Consent Agenda, will remain on consent or be voted on
separately.
The City Clerk called for the following speaker:
Barbara Messner, P. O. Box 514, spoke in opposition on legislative items J.1,J5,J.6,J.7a/b/c and J.8 and
planning items K1, K.2, K7, and K9a/b/c. City Council unanimously agreed to keep all items on the
Consent Agenda.
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council APPROVED, BY
CONSENT,Agenda Items Ordinances/Resolutions J:1,2,3(WITHDRAWAL),4,5, 6, 7a/b/c and 8,and
Planning Items K:1(DEFER TO MARCH 17,2020),2(DEFER TO MARCH 17,2020),3,4, 5, 6, 7,and
9a/b/c(WITHDRAWAL)
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
J. ORDINANCES/RESOLUTIONS:
COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#5
K. PLANNING ITEMS:
COUNCIL MEMBER JONES WILL ABSTAIN ON ITEM#7
ITEM#8 WILL BE CONSIDERED SEPARATELY
February 18, 2020
87
ITEM— VLJ.1
ORDINANCES
ITEM#70105
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council ADOPTED, BY
CONSENT, Resolution to DIRECT the City Manager to IMPLEMENT all recommendations from the
Disparity Study(Requested by Council Members Rouse and Wooten)
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
February 18, 2020
REQUESTED BY COUNCILMEMBERS WOOTEN AND ROUSE
1 A RESOLUTION TO DIRECT THE CITY MANAGER
2 TO IMPLEMENT ALL OF THE RECOMMENDATIONS
3 FROM THE DISPARITY STUDY
4
5 WHEREAS, the City completed a Disparity Study, and the results were
6 provided to City Council in January of 2019;
7
8 WHEREAS, the written report included ten policy recommendations for
9 advancing the City's efforts to increase minority business participation in City
10 contracts;
11
12 WHEREAS, at the oral presentation of the findings of the Disparity Study,
13 Sameer Bawa of BBC Consulting added two additional recommendations: improve
14 contracting opportunity notification and a small business set-aside program for
15 small construction contracts and small goods and services contracts;
16
17 WHEREAS, between the written report and the oral presentation, the
18 Disparity Study included twelve policy recommendations:
19
20 1. Update the City's aspirational participation goal to align with the
21 Disparity Study results;
22 2. Establish a dedicated SWaM Office, possibly housed in the Department
23 of Economic Development;
24 3. Improve networking and outreach;
25 4. Improve data collection;
26 5. Annual growth monitoring;
27 6. Undertake a local SWaM certification program;
28 7. Increase small business subcontracting opportunities;
29 8. Implement project specific contract goals
30 9. Unbundle large contracts;
31 10.Prompt payment;
32 11.Improve contracting opportunity notification;
33 12.Implement a small business set-aside program;
34
35 WHEREAS, in April 2019, the Council increased its aspirational goal for
36 minority contracting to 12% to align with the results of the Disparity Study, which
37 completed Recommendation 1;
38
39 WHEREAS, in the FY 2019-2020 Operating Budget process,
40 Councilmember Wooten requested additional resources to support implementation
41 of the Disparity Study recommendations, but Council only approved $30,000 for
42 monitoring SWaM business utilization;
43
1
44 WHEREAS, at the Council's Informal Session on January 21 , 2020, City
45 staff briefed the Council on its progress in implementing the recommendations of
46 the Disparity Study;
47
48 WHEREAS, the City staff reported that, in addition to Recommendation 1,
49 the staff have completed or is in process to completing Recommendations 4, 5, 9,
50 and 10;
51
52 WHEREAS, at the same briefing, the City staff reported expenditures from
53 FY 2018-2019, and the expenditures show a significant regression in expenditures
54 to Minority-owned (MBE) and Woman-owned (WBE) businesses, as follows:
55
56 Total Expenditures FY 2017-2018:
57 MBE — 6.5%
58 WBE - 9.1%
59
60 Total Expenditures FY 2018-2019:
61 MBE — 4.0% (a decrease of 2.5%)
62 WBE — 5.4% (a decrease of 3.7%)
63
64 WHEREAS, the City staff also reported a modest increase in expenditures
65 to service disabled veteran businesses, which increased from 0.2% to 0.3%; and
66
67 WHEREAS, given the above-mentioned statistics, it is imperative to
68 implement all of the recommendations of the Disparity Study and not just a select
69 few of the findings;
70
71 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
72 OF VIRGINIA BEACH, VIRGINIA:
73
74 That the City Council hereby directs the City Manager to implement all of
75 the policy recommendations of the Disparity Study in the FY 2020-2021 Operating
76 Budget including a dedicated SWaM Office (preferably in the Department of
77 Economic Development).
78
79 BE IT FURTHER RESOLVED:
80
81 That the City Council hereby directs the City Manager to provide a detailed
82 plan of action for the implementation of all of the policy recommendations of the
83 Disparity Study within 60 days of adoption of this resolution.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th
day of February , 2020.
2
APPROVED AS TO LEGAL SUFFICIENCY:
City Attor ey's Office
CA14985
R-4
February 5, 2020
3
88
ITEM— VLJ.2
ORDINANCES
ITEM#70106
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council ADOPTED, BY
CONSENT, Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an
Intergovernmental Agreement with the Virginia Department of Agriculture and Consumer Services re
purchase of Agriculture Reservice Program (ARP)easements
•
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
February 18, 2020
1 A RESOLUTION AUTHORIZING AND DIRECTING
2 THE CITY MANAGER TO EXECUTE AN
3 INTERGOVERNMENTAL AGREEMENT BETWEEN
4 THE VIRGINIA DEPARTMENT OF AGRICULTURE
5 AND CONSUMER SERVICES AND THE CITY OF
6 VIRGINIA BEACH REGARDING THE PURCHASE OF
7 AGRICULTURAL RESERVE PROGRAM EASEMENTS
8
9 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands
10 Preservation Ordinance in May 1995, thereby establishing the Agricultural Reserve
11 Program ("ARP"), a comprehensive program for the preservation of agricultural lands
12 within the City;
13
14 WHEREAS, since its inception of the ARP, approximately 9,986 acres of land
15 have been placed under easements restricting development of the land to agricultural
16 uses;
17
18 WHEREAS, the General Assembly, by Chapter 854 of the 2019 Acts of
19 Assembly, appropriated $250,000 in the fiscal year ending June 30, 2020 to the Virginia
20 Department of Agriculture and Consumer Services ("VDACS") for the continuation of a
21 state fund to match local governmental purchases of development rights program funds
22 for the preservation of working farms and forest lands;
23
24 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes the VDACS Office
25 of Farmland Preservation to develop methods and sources of revenue for allocating
26 funds to localities to purchase agricultural conservation easements;
27
28 WHEREAS, VDACS has determined that the City is eligible to receive
29 contributions of funds from VDACS in reimbursement for certain costs the City will incur
30 in the course of purchasing ARP easements;
31
32 WHEREAS, the City and VDACS desire to enter into an agreement wherein
33 VDACS will agree to reimburse the City for certain costs incurred by the City in the
34 course of purchasing ARP easements, up to a cumulative maximum amount of
35 $58,333.00 for a period of two (2) years from the date of the agreement;
36
37 WHEREAS, a copy of the proposed agreement between the City and VDACS,
38 entitled "Intergovernmental Agreement Between Virginia Department of Agriculture and
39 Consumer Services and The City of Virginia Beach," dated December 31, 2019 (the
40 "Agreement"), is on file in the City Clerk's Office;
41
42 WHEREAS, a Summary of Terms of the said Agreement is attached hereto as
43 Exhibit A; and
44
45 WHEREAS, the City Council finds that the terms of the said Agreement are fair
46 and reasonable and would be of significant benefit to the City and its citizens by
47 providing an additional source of funds for the purchase of ARP easements.
48 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
49 OF VIRGINIA BEACH:
50
51 That the City Manager is hereby authorized and directed to execute the
52 Intergovernmental Agreement between the Virginia Department of Agriculture and
53 Consumer Services and the City of Virginia Beach, dated December 31, 2019, so long
54 as the terms are in accordance with the Summary of Terms attached hereto as Exhibit
55 A and incorporated herein, and such other terms, conditions, or modifications as may be
56 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney,
57 and to take such measures as are necessary or advisable to implement the Agreement.
58
59 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
60 VIRGINIA BEACH:
61
62 That the City Council hereby expresses its appreciation to the Governor, the
63 General Assembly and the Virginia Department of Agriculture and Consumer Services
64 for their continued commitment to the preservation of agriculture within the
65 Commonwealth of Virginia and the City of Virginia Beach.
66
67 Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day
68 of February , 2020.
Approved as to Content: Approved as to Legal Sufficiency:
A-AfeA/(.)
Dept. of Agriculture City Attorney
CA14851
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January 29, 2020
EXHIBIT A
Summary of Terms
Intergovernmental Agreement between Virginia
Department of Agriculture and Consumer Services
and The City of Virginia Beach(the "Agreement")
Parties:
The City of Virginia Beach (the "City") and the Virginia Department of Agriculture
and Consumer Services ("VDACS").
Background:
Since 2008, the City has been approved to receive a total of $1,994,203.95 from
VDACS for reimbursement of costs associated with purchasing easements under
the City's Agricultural Reserve Program ("ARP"), as follows:
6/24/08 — $ 403,219.75
1/27/09 — 49,900.00
2/23/10 — 93,932.19
2/22/11 — 12,500.00
6/14/11 — 54,247.37
1/24/12 — 110,952.46
1/22/13 — 160,715.64
3/11/14 — 149,678.46
2/24/15 — 286,983.46
2/02/16 — 411,890.87
2/07/17 - 86,950.00
2/20/18 - 61,615.23
6/6/19 - 111,618.52
The City is now eligible to receive an additional $58,333.00 in VDACS funds.
VDACS Responsibilities:
VDACS will reimburse the City for certain costs of purchasing ARP easements.
The maximum amount in new funding over the next two years is $58,333.00
under the Agreement.
Reimbursable items include:
• cost of Treasury STRIPS acquired to purchase the easement
• title insurance
• appraisals
• physical surveys
• reasonable attorney's fees
• public notices
• recordation fees
Maximum reimbursement for a single purchase is equal to 50% of the sum of the
amounts actually paid by the City for the purchase price of the easement and
reimbursable costs.
City of Virginia Beach Responsibilities:
• Obtain title insurance on City's purchased interest that covers an amount
at least equal to the amount for which City requests reimbursement from
VDACS.
• Utilize state funds to further protect agricultural lands by purchasing
development rights.
• Submit an annual progress report to VDACS each year that the
Agreement is in effect to: (i) describe any prospective properties and the
status of any negotiations; (ii) provide estimated timeframes for execution
of purchase agreements; (iii) describe City's public outreach program
designed to educate various stakeholders; (iv) describe City's
development and maintenance of a monitoring program; and (v) describe
how City is continually evaluating the effectiveness of the ARP program.
• Enforce terms of each ARP easement.
• If City sells development rights back to the property owner, City must
reimburse VDACS in an amount proportional to the VDACS contribution
toward the total reimbursable cost of acquiring the ARP easement.
• Within 30 days of execution of the Agreement, City shall have available
local funds greater than or equal to the allocation amount for the purpose
of purchasing ARP easements.
Duration and Termination:
• Term is two years from the date of the Agreement (December 31, 2019
through December 31, 2021).
• City may be recertified as eligible for future funding, but not guaranteed.
• The Agreement may be terminated if the City fails to perform any of its
obligations under the terms of the Agreement.
• If the City fails to allocate the spending of the funds within the two year
time period, monies will then be redistributed to other Purchase of
Development Rights programs.
2
89
ITEM— VLJ.3
ORDINANCES
ITEM#70107
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council WITHDREW, BY
CONSENT, 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) —
Deferred from February 4, 2020.
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
February 18, 2020
90
ITEM— VI.J.4
ORDINANCES
ITEM#70108
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council ADOPTED, BY
CONSENT,Ordinance to AUTHORIZE the acquisition ofproperty in fee simple re Elbow Road Extended
Phase II-B and the acquisition of temporary and permanent easements, either by agreement or
condemnation
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
February 18, 2020
1 AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF PROPERTY IN FEE SIMPLE
3 FOR ELBOW ROAD EXTENDED PHASE II-B
4 PROJECT, CIP#2-152 AND THE ACQUISITION
s OF TEMPORARY AND PERMANENT
6 EASEMENTS, EITHER BY AGREEMENT OR
7 CONDEMNATION
8
9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a
10 public necessity exists for the construction of this important roadway project to improve
11 transportation within the City and for other related public purposes for the preservation of
12 the safety, health, peace, good order, comfort, convenience, and for the welfare of the
13 people in the City of Virginia Beach.
14
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17
18 Section 1. That the City Council authorizes the acquisition by purchase or
19 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and
20 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in
21 fee simple, including temporary and permanent easements and entire tracts upon which
22 such rights-of-way or easements shall be located, within the limitations and conditions of
23 Section 33.2-1007 of the Code of Virginia of 1950, as amended (the "Property"), as shown
24 on the plans entitled "ELBOW ROAD EXTENDED PHASE IIB (C.I.P. NO. 2-152) FROM:
25 VIRGINIA BEACH / CHESAPEAKE CITY LINE TO: MARGARET DRIVE ELBOW ROAD
26 EXTENDED WATER IMPROVEMENTS (C.I.P. NO. 5-148),"(the "Project"), and more
27 specifically described on the acquisition plats for the Project (plats and plans collectively
28 referred to as the "Plans"), the Plans being on file in the Engineering Division, Department
29 of Public Works, City of Virginia Beach, Virginia.
30
31 Section 2. That the City Manager is hereby authorized to make or cause to be
32 made on behalf of the City of Virginia Beach, to the extent that funds are available, a
33 reasonable offer to the owners or persons having an interest in said Property. If refused,
34 the City Attorney is hereby authorized to initiate, prosecute and settle or resolve
35 proceedings to condemn said Property.
36
37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 t h day of
38 February , 2020.
CA14657
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PP VD S 0 CONTENTS APPROVED AS TO LEGAL
SUFFIC NCY AND FORM
PU LI WORKS/REAL ESTATE CITY A TORNEY
91
ITEM— VLJ.5
ORDINANCES
ITEM#70109
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council ADOPTED, BY
CONSENT, Ordinance to DECLARE approximately twenty (20) acres of City property in Princess Anne
Commons between Landstown and Dam Neck Roads in EXCESS and AUTHORIZE the City Manager to
enter into an Option to Purchase and Real Estate Sale Agreement with Avangrid Renewables, LLC re
development of a Wind Energy Substation
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott,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 Abstaining:
John D. Moss
Council Members Absent:
Michael F. Berlucchi
February 18, 2020
1 AN ORDINANCE 1) DECLARING APPROXIMATELY 20
2 ACRES OF CITY PROPERTY LOCATED IN PRINCESS
3 ANNE COMMONS TO BE IN EXCESS OF THE CITY'S
4 NEEDS AND 2) AUTHORIZING THE CITY MANAGER TO
5 ENTER INTO AN OPTION TO PURCHASE AND REAL
6 ESTATE SALE AGREEMENT WITH AVANGRID
7 RENEWABLES, LLC FOR THE DEVELOPMENT OF A
8 WIND ENERGY SUBSTATION
9
10 WHEREAS, in 2018, the City Council of the Virginia Beach ("City Council")
11 adopted a Resolution expressing its support and commitment to the creation of an
12 offshore wind energy industry. In 2019, City Council adopted a Resolution reaffirming its
13 support and commitment;
14
15 WHEREAS, Avangrid Renewables, LLC, an Oregon limited liability company and
16 its affiliate, Kitty Hawk Wind, LLC, an Oregon limited liability company (collectively,
17 "Avangrid"), is developing an offshore wind energy project (the "Project") located
18 approximately 40 miles off the coast of Virginia Beach (the "City");
19
20 WHEREAS, Avangrid plans to build substations in the City to connect to power
21 grids and support the Project. In order to meet certain Federal regulations, Avangrid
22 must secure property for the substations in advance of moving forward with the Project;
23
24 WHEREAS, Avangrid has secured the option to purchase land in Corporate
25 Landing Business Park for its substation project and now desires to enter into an option
26 to purchase approximately 20 acres of City-owned land located in Princess Anne
27 Commons (portions of GPINs: 1484-45-8720 and 1484-67-5495) (the "Property") for its
28 remaining substation needs;
29
30 WHEREAS, City staff has negotiated the terms and conditions of an option to
31 purchase and real estate sale agreement with Avangrid for the Property, as set forth in
32 the summary of terms attached hereto as Exhibit A and incorporated herein; and
33
34 WHEREAS, the City Council is of the opinion that the Property is in excess of the
35 City's needs and the sale of the Property to Avangrid would continue the City's ongoing
36 support and commitment to the offshore wind energy industry.
37
38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
39 VIRGINIA BEACH, VIRGINIA:
40
41 1. That the Property is hereby declared to be in excess of the needs of the
42 City of Virginia Beach.
43
44 2. That the City Manager is hereby authorized to execute an option to
45 purchase and real estate sale agreement with Avangrid for the Property, so long as
46 such documents are in substantial conformity with the Summary of Terms, attached
47 hereto as Exhibit A, and made a part hereof, and such other terms, conditions or
48 modifications deemed necessary and sufficient by the City Manager and in a form
49 deemed satisfactory by the City Attorney.
50
51 3. That the City Manager is hereby authorized to execute any and all
52 documents necessary to finalize the sale of the Property contemplated herein.
53
54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 t h day
55 of February , 2020.
APPROVED AS TO CONTENT: APPROVED AS j LEGAL
SUFFICIENCY:
Economic evelopment City Attorneys ffice
CA14852
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February 7, 2020
EXHIBIT A
SUMMARY OF TERMS
OPTIONEE:
(Purchaser) Avangrid Renewables, LLC, an Oregon limited liability company, or its
affiliate, Kitty Hawk Wind, LLC, an Oregon limited liability company
(collectively, "Avangrid")
OPTIONOR
(Landowner): The City of Virginia Beach (the "City")
OPTION
PARCEL: An approximately 20-acre portion of GPINs: 1484-45-8720 and 1484-67-
5495 located off Dam Neck Road in Princess Anne Commons
OPTION TERM: Initial term of 5 years.
Avangrid shall have the right to extend for an additional 5-year term if
Avangrid has submitted a Construction Operation Plan to the Bureau of
Ocean Energy Management. Otherwise, any extension shall be by mutual
agreement of both parties.
OPTION FEE: $50,000 each year of the Option. $10,000 to be non-refundable and not to
be applied to purchase price. $40,000 to be refundable if Option is
terminated without purchase of the Option Parcel or applied against
purchase price if Option Parcel is acquired by Avangrid.
PURCHASE
PRICE: $100,000 per acre.
USE: Option property only to be used for electric substations utilized for
Avangrid's wind energy project and related ancillary uses.
ACCESS/INFRA-
STRUCTURE: Optionee shall have access to the Property from Dam Neck Road and shall
be responsible for the construction of any additional infrastructure needed
for its project.
SUBDIVISION
PLAT: Optionee shall be responsible for all costs associated with subdividing the
existing parcels.
REAL ESTATE
COMMISSION: N/A
J�4`0141A.$E,41
City of Virginia B each
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Y February 18, 2020 VBgov.com
JOHN MOSS PHONE: (757) 363-7745
COUNCILMAN-AT-LARGE JDMOSS@VBGOVCOM
In Reply Refer to: 0066921
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F)
Dear Mrs. Barnes:
Pursuant to the State and Local Government Conflict of Interests Act, I make the following
declaration:
1. I am executing this written disclosure regarding City Council's consideration and
vote on an ordinance to declare approximately twenty acres of City property in
Princess Anne Commons between Landstown Road and Dam Neck Road in excess
and authorize the City Manager to enter into an option to purchase and real estate
sale agreement with Avangrid Renewables,LLC for development of a wind energy
substation.
2. I have a personal interest in Dominion Energy. Its corporate street address is 120
Tredegar Street, Richmond, Virginia 23219. The wind energy project will use
Dominion assets(including power lines)and will connect to Dominion power grids.
3. I hereby disclose this interest and will abstain from participation in the City
Council's consideration of this item.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
Thank you for your assistance and cooperation in this matter.
•i & ;1
I
iI
•
• • Moss
I ouncilmember
JDM/RRI
4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455
92
ITEM— VLJ.6
ORDINANCES
ITEM#70110
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council ADOPTED, BY
CONSENT, Ordinance to ESTABLISH CIP#6-113 "Various HRSD Coordination"and APPROPRIATE
$797,000 from the Hampton Roads Sanitation District(HRSD) to the FY 2019-20 Capital Improvement
Program (CIP)re design and construction utilizing HRSD contributions
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
February 18, 2020
1 AN ORDINANCE TO ESTABLISH CIP #6-113, "VARIOUS
2 HRSD COORDINATION," AND TO APPROPRIATE
3 $797,000 FROM HAMPTON ROADS SANITATION
4 DISTRICT TO THE FY 2019-20 CAPITAL IMPROVEMENT
5 PROGRAM
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 THAT:
9
10 1. CIP # 6-113 "Various HRSD Coordination" is hereby established in the FY 2019-
11 20 Capital Improvement Program; and
12
13 2. $797,000 in revenue from the Hampton Roads Sanitation District is hereby
14 appropriated to CIP # 6-113.
Requires an affirmative vote by a majority of all of the members of City Council.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 t h day of
February , 2020.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
I)M
Budge and Management Services or y's Office
CA14989
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February 5, 2020
93
ITEM— VLJ.7a
ORDINANCES
ITEM#70111
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council ADOPTED, BY
CONSENT, Ordinance to TRANSFER:
a. $441,775 from General Fund Reserve for Contingencies to the FY 2019-20
Voter Registration and Elections Office Operating Budget re Democratic
Presidential Primary Election on March 3, 2020
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
February 18, 2020
1 AN ORDINANCE TO TRANSFER FUNDS FOR THE
2 DEMOCRATIC PRESIDENTIAL PRIMARY ELECTION
3
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA, THAT:
6
7 $441,775 is hereby transferred from the General Fund Reserve for Contingencies
8 to the FY 2019-20 Operating Budget of Voter Registration and Elections to fund the
9 Democratic Presidential Primary Election on March 3, 2020.
Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day
Of February , 2020.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
I, Ake
lam"'/
Budg and Management Services orn 's Office
CA14988
R-1
February 5, 2020
94
ITEM— VLJ.7b
ORDINANCES
ITEM#70112
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council ADOPTED, BY
CONSENT, Ordinance to TRANSFER:
b. $118,104 and$128,316 within the FY 2019-20 Public Works' General Fund
Operating Budget re purchase of tablets and implementation costs for a
mobile work order system
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
February 18, 2020
1 AN ORDINANCE TO TRANSFER FUNDING WITHIN
2 THE FY 2019-20 OPERATING BUDGET OF THE
3 DEPARTMENT OF PUBLIC WORKS TO PURCHASE
4 TABLETS AND TO IMPLEMENT A MOBILE WORK
5 ORDER SYSTEM
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA, THAT:
9
10 1. $118,104 is hereby transferred from Public Works' General Fund Operating
11 Budget to capital outlay accounts for the purchase of tablets; and
12
13 2. $128,316 is hereby transferred from Public Works' General Fund Operating
14 Budget to the Non-Departmental Computer Replacement Program for the
15 implementation costs for a mobile work order system.
Adopted by the Council of the City of Virginia Beach, Virginia on the 18 t h day
of February , 2020.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management ervices City Attorney's Office
CA14991
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February 5, 2020
95
ITEM— VI.J.7c
ORDINANCES
ITEM#70113
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council ADOPTED, BY
CONSENT, Ordinance to TRANSFER:
c. $30,000 $2,073,503 within the FY 2019-20 Water and Sewer CIP and
APPROPRIATE $2,170,923 in retained earnings re three (3) Water and
Sewer Capital Projects
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott, 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:
Michael F. Berlucchi
February 18, 2020
1 AN ORDINANCE TO TRANSFER $2,073,503 WITHIN THE
2 FY 2019-20 WATER AND SEWER CAPITAL
3 IMPROVEMENT PROGRAM AND TO APPROPRIATE
4 $2,170,923 IN RETAINED EARNINGS TO THE FY 2019-20
5 WATER AND SEWER CAPITAL IMPROVEMENT
6 PROGRAM
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 THAT:
10
11 1 . $2,073,503 is hereby transferred within the FY 2019-20 Water and Sewer Capital
12 Improvement Program (CIP):
13
14 a. $117,842 from CIP # 6-559 "Sanitary Sewer Asset Management Program"
15 to CIP # 6-557, "SGA Sanitary Sewer System Improvements"; and
16 b. $1,955,661 from Fixed Assets in the Water and Sewer CIP to the following
17 projects:
18 i. CIP # 5-953, "Water Tap Installation Program II," in the amount of
19 $200,000;
20 ii. CIP # 6-953, "Sewer Tap Installation Program II," in the amount of
21 $350,000;
22 iii. CIP # 6-557, "SGA Sanitary Sewer System Improvements," in the
23 amount of $875,896; and
24 iv. CIP # 5-207, "Laskin Road Water Improvements Phase I (VDOT),"
25 in the amount of $529,765.
26
27 2. $2,170,923 in Retained Earnings of the Water and Sewer Enterprise Fund is
28 hereby appropriated to the following projects:
29 a. CIP # 5-207, "Laskin Road Water Improvements Phase I (VDOT)," in the
30 amount of$280,689; and
31 b. CIP # 6-075, "Laskin Road Sewer Improvements Phase I (VDOT)," in the
32 amount of$1,890,234.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 18tb day of
February , 2020.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
f frUy /
V
Budget & Management Services tt ey's Office
CA14992
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February 6, 2020
96
ITEM— VLJ.8
ORDINANCES
ITEM#70114
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council ADOPTED, BY
CONSENT, Ordinance to MODIFY Appropriations and TRANSFER $824,201 within the FY 2019-20
Housing and Neighborhood Preservation Operating Budget re adjustments in Federal and State funding
•
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
February 18, 2020
1 AN ORDINANCE TO MODIFY APPROPRIATIONS
2 AND TRANSFER FUNDING IN THE FY 2019-20
3 OPERATING BUDGET OF THE DEPARTMENT OF
4 HOUSING AND NEIGHBORHOOD PRESERVATION
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 The following adjustments are made in the Department of Housing and
10 Neighborhood Preservation's FY 2019-20 Operating Budget:
11
12 1) Increase appropriations by $16,027 for Housing Choice Vouchers for
13 homeless veterans (VASH), with federal revenues increased accordingly;
14 2) Increase appropriations by $43,001 for Housing Choice Vouchers for
15 Mainstream Vouchers, with federal revenues increased accordingly;
16 3) Increase appropriations by $7,302 for Housing Choice Vouchers Family Self
17 Sufficiency, with federal revenues increased accordingly;
18 4) Increase appropriations by $265,966 for the State Rental Assistance Program
19 (SRAP), with State revenues increased accordingly; and
20 5) Transfer $824,201 in appropriations and estimated federal revenues from
21 Community Development Loan and Grant Fund (181) to the Community
22 Development Special Revenue Fund (180).
Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day
of February , 2020.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget Is, Management Services C' Attorn s Office
CA14990
R-2
February 7, 2020
97
ITEM—VI-ILI
PLANNING
ITEM#70115
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council, DEFERRED TO
MARCH 17, 2020, BY CONSENT, Application of BISHARD FAMILY REAL ESTATE, LLC for a
Variance to Section 4.1(j)of the Subdivision Regulations re subdivide the existing parcel into three(3)lots
at 312 Gatewood Avenue DISTRICT 6—BEACH
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
February 18, 2020
98
ITEM—VI-K2
PLANNING
ITEM#70116
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council, DEFERRED TO
MARCH 17, 2020,BY CONSENT,Application of FRANKLIN JOHNSTON GROUP MANAGEMENT
& DEVELOPMENT, LLC/SECURITY STORAGE& VAN COMPANY OF NORFOLK, VIRGINIA,
INC.for a Conditional Change of Zoningfrom I-1 Industrial to Conditional A-36 Apartment re develop up
to 160 multi family units at 4545 South Boulevard DISTRICT 3—ROSE HALL
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
February 18, 2020
99
ITEM—VI-K.3
PLANNING
ITEM#70117
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council, APPROVED,
AS MODIFIED, BY CONSENT, Application of VILLAGE CHURCH for a Modification of
Conditions re religious use at 4013 Indian River Road(Approved December 6, 2011)DISTRICT 7—
PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
VILLAGE CHURCH for a Modification of Conditions re religious use at
4013 Indian River Road (Approved December 6, 2011) (GPINS
1474623633, 1474624663)DISTRICT 7—PRINCESS ANNE
The following conditions shall be required:
1. The site shall be in substantial conformance with the concept layout exhibit on page 5 of
the report which has been exhibited to the Virginia Beach City Council and is on file in the
Department of Planning and Community Development.
2. The mobile unit shall not be moved from its current location.
3. The foundation skirt shall be repaired or replaced around the perimeter of the mobile unit
within sixty(60)days of the approval by City Council.
4. The row of shrubs shall be maintained between the mobile unit and the northwestern
property line as depicted in the concept layout exhibit on page 5 of the report.
5. The mobile unit shall be limited to a five(5)year time frame from the date of City Council
action.After such time, the mobile unit must be removed from the property.
6. The applicant/owner shall resubdivide the property and vacate all internal lot lines. Said
resubdivision plat must be submitted for approval and recordation by the Planning
Department.
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 18th day of February Two
Thousand Twenty.
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
February 18, 2020
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ITEM—VI-K.4
PLANNING
ITEM#70118
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council, APPROVED,AS
CONDITIONED,BY CONSENT,Application of JAMES P. WOOTTONfor a Modification of Conditions
re community boat dock at 1732 Lovetts Pond Lane (Approved June 23, 2009) DISTRICT 5 —
LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
JAMES P. WOOTTON for a Modification of Conditions re community
boat dock at 1732 Lovetts Pond Lane (Approved June 23, 2009) (GPIN
14997671071520)DISTRICT 5—LYNNHA VEN
The following conditions shall be required:
1. Permits shall be secured from the appropriate regulatory agencies through the Joint
Permit Application (JPA)process prior to any development or construction of the pier
extensions and boatlifts.
2. The boat dock revisions and extensions shall be substantially constructed as depicted on
the plan entitled "Proposed Pier Additions,Boat Lifts and Float Relocation at 1732 Lovetts
Pond Lane", prepared by Waterfront Consulting, Inc., dated August 9, 2018, or as
modified by the JPA Permit.
3. No commercial use of the dock shall be permitted.
This Ordinance shall be effective in accordance with Section 107()of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18`" day of February Two
Thousand Twenty.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott,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:
Michael F. Berlucchi
February 18, 2020
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1732 Lovetts Pond Lane
101
ITEM—VI-K.5
PLANNING
ITEM#70119
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council, APPROVED,
AS CONDITIONED, BY CONSENT, Application of RED HEAD REALTY for a Conditional Use
Permit re non-commercial marina at Mill Landing Road East of Stone Road intersection DISTRICT 7
—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
RED HEAD REALTY for a Conditional Use Permit re non-commercial
marina at Mill Landing Road East of Stone Road intersection (GPIN
2410716099)DISTRICT 7—PRINCESS ANNE
The following conditions shall be required:
1. Permits shall be secured from all applicable regulatory agencies through the Joint Permit
Application (JPA)process prior to any development or construction on the property.
2. The covered boat house shall be substantially constructed as depicted on the plan entitled
"Proposed Boat House Plan, Parcel A, Red Head Realty Corp." prepared by Gaddy
Engineering Services, LLC, dated July 8, 2019, or as modified by the JPA Permit.
3. No commercial use of the boat house/marina shall be permitted.
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 18`h day of February Two
Thousand Twenty.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott,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:
Michael F. Berlucchi
February 18, 2020
AG-2
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AG-2 /
Red Head Realty
Mill Landing Road
102
ITEM—VI-K.6
PLANNING
ITEM#70120
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council, APPROVED,
AS CONDITIONED, BY CONSENT, Application of FERGUSON WEDDING COMPANY, LLC/
LONG BAY POINT PARTNERS, LLC for a Conditional Use Permit re assembly use at 2105 West
Great Neck Road DISTRICT 5—LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
FERGUSON WEDDING COMPANY, LLC / LONG BAY POINT
PARTNERS,LLC for a Conditional Use Permit re assembly use at 2105
West Great Neck Road(GPIN 1499382174)DISTRICT 5—LYNNHAVEN
The following conditions shall be required:
1. A business license for the Assembly Use shall not be issued to the applicant without the
approval of the Health Department to ensure consistency with the provisions of Chapter
23 of the City Code.
2. The applicant shall obtain all necessary permits and inspections from the Planning
Department/Permits and Inspections Division. The applicant shall secure a Certificate of
Occupancy from the Building Official's Office for use of the existing building as an
Assembly Use.
3. The maximum number of individuals within the facility shall not exceed one hundred fifty
(150) or the maximum number as required by applicable building codes, noted on the
Certificate of Occupancy and posted by the Fire Marshal.
4. Any on-site signage for the establishment shall meet the requirements of the City Zoning
Ordinance(CZO), and there shall be no neon, electronic display or similar sign installed
on the exterior of the building or in any window, or on the doors. A separate sign permit
shall be obtained from the Planning Department for the installation of any new signs.
5. All lighting, temporary or permanent, related to events held on the subject property, shall
be directed downward and towards the interior of the site and contained such that the
source of light shall be shielded from view from any area outside of the property.
6. Any outdoor storage of materials associated with the Assembly Use shall be prohibited.
7. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris
shall not be allowed to accumulate.
8. Consistent with the requirements for a Special Event,for each event exceeding two hundred
fifty (250)people, the applicant shall obtain a Special Event Permit and shall notify the
Police Department, the Fire Prevention Bureau, the Health Department and Emergency
Medical Services of the event's time, size, and scope of activities.
9. No amplification of music or use of speakers shall be permitted except within the main
enclosed building.
February 18, 2020
103
ITEM—VI-K.6
PLANNING ITEM#70120
(Continued)
10. Subject to Section 221 (k)of the Zoning Ordinance, an annual review based on the date of
City Council approval shall be performed by the Planning Director of the Assembly Use
Conditional Use Permit. This use may be allowed to remain on the site subject to a
determination by the Planning Director that the presence of the use is not detrimental to
the public health, safety, and welfare. Furthermore, this use, as conditioned herein, shall
not cause public inconvenience, annoyance, disturbance, or be incompatible with other
uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of
neighboring properties by reason of excessive noise, traffic, or overflow parking.
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 18`h day of February Two
Thousand Twenty.
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott, 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:
Michael F. Berlucchi
February 18, 2020
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104
ITEM—VI-K.7
PLANNING
ITEM#70121
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council, APPROVED,
AS CONDITIONED,BY CONSENT,Application of 7-ELEVEN,INC.,for a Conditional Use Permit
re automobile service station at 2205 Princess Anne Road DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
7-ELEVEN, INC.,for a Conditional Use Permit re automobile service
station at 2205 Princess Anne Road(GPIN 2404956764) DISTRICT 7—
PRINCESS ANNE
The following conditions shall be required:
1. When the property is developed, it shall be in substantial conformance with the submitted
exhibit entitled, "CONCEPT PLAN"prepared by Blakeway, dated August 29, 2018. The
setback deviation is noted on the plan. Said Plan has been exhibited to the Virginia Beach
City Council and is on file in the Department of Planning& Community Development.
2. The exterior of the proposed building, fuel canopy, and dumpster enclosure shall
substantially adhere in appearance,size and materials to the elevations entitled, "REVIEW
BOARD ELEVATIONS,"prepared by Presmont Construction Services, which has been
exhibited to the Virginia Beach City Council and is on file in the Virginia Beach
Department of Planning and Community Development.
3. The freestanding sign shall be monument style with a brick base and substantially adhere
in appearance, size and materials to the submitted freestanding sign exhibit entitled,
"Monument Sign",prepared by Harbinger, which has been exhibited to the Virginia Beach
City Council and is on file in the Virginia Beach Department of Planning and Community
Development.
4. Signage for the site shall be limited to:
a. Directional signs.
b. One (1) monument-style freestanding sign, no more than eight (8)feet in
height, set on a brick base and two (2) building and/or canopy signs.
c. No striping shall be permitted on the fuel canopy.
d. There shall be no other signs, neon signs, or neon accents installed on any
wall area of the building, on the windows and/or doors,canopy,light poles
or any other portion of the site.
5. At the time of site plan review, a Landscape Plan that reflects the plant material depicted
on the submitted Concept Plan, along with all applicable requirements of the Zoning
Ordinance, shall be submitted for review to the Development Services Center and shall
obtain an approval prior to the issuance of a building permit.
February 18, 2020
105
ITEM—VI-K.7
PLANNING ITEM#70121
(Continued)
6. At the time of site plan review, a Photometric Plan shall be submitted for review and shall
contain foot-candle lighting readings for all areas of the site including the perimeter. Said
plan shall also specify light fixture height, light fixture type,proposed shielding, and light
dimming capabilities.
7. All light fixtures on the site shall be no taller than eighteen (18)feet in height.
8. The dumpster shall be enclosed with a solid wall in a color and material to match the
building and any required screening shall be installed in accordance with Section 245 (e)
of the Zoning Ordinance.
9. No outdoor vending machines and/or display of merchandise shall be permitted.
10. All vacuums and air pumps shall be screened from the right-of-way with a wall and plant
material of a size and species acceptable to the Development Service Center's Landscape
Architect, all of which shall be depicted on the Landscape plan.
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 18`h day of February Two
Thousand Twenty.
Voting: 9-0
Council Members Voting Aye:
Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley,John D.
Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
Michael F. Berlucchi
February 18, 2020
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City of Virwirnia Beach
vy�S o,
t)F OUR NA11�N
LOUIS R.JONES PHONE: (757)583-0177
COUNCILMAN-DISTRICT 4-BAYSIDE FAX (757)426-5669
Refer to File No. 0066925
February 18, 2020
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), 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 7-Eleven, Inc. for a conditional use permit for an automobile
service station on property located at 2205 Princess Anne Road.
2. I have an ownership interest in Hollomon-Brown Funeral Home, Inc. The
company's corporate headquarters is located at 8464 Tidewater Drive, Norfolk,
Virginia. Holloman-Brown Funeral Home owns a parcel at the corner of Princess
Anne Road and General Booth Boulevard (GPIN 2414-05-0844), which is across
from the 7-Eleven parcel.
3. I have chosen to abstain from voting on this matter.
Please record this declaration in the official records of the City Council. Thank you.
Sincerely,
*letz;
Louis R. J es
Councilmember
LRJ/RRI
1008 WITCH POINT TRAIL,VIRGINIA BEACH,VA 23455-5645
106
ITEM—VI-K.8
PLANNING
ITEM#70122
The following registered to speak:
Brandy Flotten, 1804 Baltic Avenue, Phone: 773-896-8380, Applicant, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Joe Belec, 605 Barberton Drive, Phone: 348-5543, spoke in OPPOSITION
After City Council discussion, Council Member Tower, made a motion, seconded by Council Member
Jones, to DEFER Application of BRANDY FLOTTEN for a Conditional Use Permit re short term
rental at 1804D Baltic Avenue DISTRICT 6—BEACH
Council Member Rouse then made a SUBSTITUTE MOTION, seconded by Council Member Abbott
to APPROVE, AS CONDITIONED, Application of BRANDY FLOTTEN for a Conditional Use
Permit re short term rental at 1804D Baltic Avenue DISTRICT 6—BEACH
Voting: 5-4
Council Members Voting Aye:
Jessica P. Abbott, Mayor Robert M. Dyer, Aaron R. Rouse, Rosemary
Wilson and Vice Mayor James L. Wood Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley, Louis R. Jones, John D. Moss, and Guy K. Tower
Sabrina D. Wooten
Council Members Not Voting:
Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
*As the SUBSTITUTE MOTION to APPROVE was carried, it then becomes the MAIN MOTION
for consideration
February 18, 2020
107
ITEM—VI-K.8
PLANNING ITEM#70122
(Continued)
Upon motion by Council Member Rouse, seconded by Council Member Abbott, City Council,
APPROVED, AS CONDITIONED, Application of BRANDY FLOTTEN for a Conditional Use
Permit re short term rental at 1804D Baltic Avenue DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
BRANDY FLOTTEN for a Conditional Use Permit re short term rental
at 1804D Baltic Avenue(GPIN 242 70 722 740000)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 1804D
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 "Physical Survey
of Lot 2, Subdivision of Oxygen at Baltic,"dated May 14, 2019, and created by Alphatec
Surveyors, LTD, a minimum of three (3) on-site parking spaces must be maintained with
all-weather surfaces and be available to the occupants of the Short-Term Rental.
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 submitted parking plan titled
"Parking Plan for 1804 Baltic Ave Unit D Brandy Flotten September 10, 2019." 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
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
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 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.
February 18, 2020
108
ITEM—VI-K.8
PLANNING ITEM#70122
(Continued)
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 ofpeople who may stay overnight(number
•
of bedrooms times three)shall be held at the Short Term Rental and the property on which
it is located. This Short Term Rental may not request or obtain a special event permit
under City Code Section 4-1 (8a).
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 one
million dollars.
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 one million dollars ($1,000,000.00)
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.
February 18, 2020
109
ITEM—VI-K.8
PLANNING ITEM#70122
(Continued)
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 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.
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 18`" day of February Two
Thousand Twenty.
Voting: 8-2
Council Members Voting Aye:
Jessica P. Abbott, Mayor Robert M. Dyer, Louis R. Jones, Aaron R.
Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood
and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
John D. Moss
Council Members Absent:
Michael F. Berlucchi
February 18, 2020
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110
ITEM—VI-K.9a
PLANNING
ITEM#70123
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council, ALLOWED
WITHDRAWAL, BY CONSENT, Application of HH VB2, LLC for Conditional Use Permits re short-
term rental at:
a. 400 33rd Street
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
February 18, 2020
111
ITEM—VI-K 9b
PLANNING
ITEM#70124
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council, ALLOWED
WITHDRAWAL, BY CONSENT, Application of HH VB2, LLC for Conditional Use Permits re short-
term rental at:
b. 402 33rd Street
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
February 18, 2020
112
ITEM—VI-IL9c
PLANNING
ITEM#70125
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council, ALLOWED
WITHDRAWAL, BY CONSENT, Application of HH VB2, LLC for Conditional Use Permits re short-
term rental at:
c. 3216 Arctic Avenue
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F.Berlucchi
February 18, 2020
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114
ITEM VI-L.
APPOINTMENTS
ITEM#70127
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
JEREMY JOHNSON
BERNICE POPE
No Term
CITIZENS COMMITTEE ON BOARDS AND COMMISSION
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
February 18, 2020
115
ITEM VI-L.
APPOINTMENTS
ITEM#70128
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
DEBORAH GREENFIELD
JULIE SEARCY
Three year term 4/1/2020-3/31/2023
CLEAN COMMUNITY COMMISSION
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
February 18, 2020
116
ITEM VI-L.
APPOINTMENTS
ITEM#70129
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
PAT POINTER
Unexpired term thru- 12/31/2021
COMMUNITY SERVICES BOARD
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott,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:
Michael F. Berlucchi
February 18, 2020
117
ITEM VI-L.
APPOINTMENTS
ITEM#70130
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
GUIA CALIWAGON
LAURA HABR
TED KUBICKI
ROLFE WHITE
Three year term 4/1/2020-3/31/2023
HEATH SERVICES ADVISORY BOARD
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
February 18, 2020
118
ITEM VI-L.
APPOINTMENTS
ITEM#70131
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
RICK KLOBUCHAR
Unexpired term thru- 12/31/2020
Plus three year term 1/1/2021 - 12/31/2023
HISTORIC PRESERVATION COMMISSION
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
February 18, 2020
119
ITEM VI-L.
APPOINTMENTS
ITEM#70132
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
CARLA HESSELTINE
VIRGINIA JENKOT
RONALD TAYLOR
ALLISON WHITE
Three year term 4/1/2020-3/31/2023
HUMAN RIGHTS COMMISSION
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
February 18, 2020
120
ITEM VI-L.
APPOINTMENTS
ITEM#70133
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
KENNETH SNYDER
(Alternate Member)
Three year term 2/18/2020-2/28/2023
PERSONNEL BOARD
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
February 18, 2020
121
ITEM VI-N.
APPOINTMENTS
ITEM#70134
Upon NOMINATION by Council Member Jones, City Council REAPPOINTED:
SABRINA WOOTEN
One year term 4/1/2020-3/31/2021
PLANNING COUNCIL
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
February 18, 2020
122
ITEM VI-L.
APPOINTMENTS
ITEM#70135
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
PAIGE MIYARES
Three year term 2/18/2020- 1/31/2023
RESORT ADVISORY COMMISSION
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
February 18, 2020
123
ITEM VI-L.
APPOINTMENTS
ITEM#70136
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
FRANK MCKINNEY
Unexpired term thru 12/31/2024
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,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:
Michael F. Berlucchi
February 18, 2020
124
ADJOURNMENT
ITEM#70137
Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 7:16 P.M.
Terri H. Chelius
Chief Deputy City Clerk
Am a Barne MMC Robert M. Dyer
City Clerk Mayor
City of Virginia Beach
Virginia
February 18, 2020