HomeMy WebLinkAboutJULY 14, 2020 FORMAL SESSION MINUTES i,A Ing �.A
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OF OUR NA1,
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
July 14, 2020
Mayor Dyer called to order the CITY MANAGER'S BRIEFINGS in the City Council Chamber, City Hall,
on Tuesday, July 14, 2020, at 2:00 P.M
Council Members Present:
Jessica P. Abbott, Michael F. Berlucchi, 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 Absent:
Louis R.Jones—Arrived after recess into Closed Session
2
CITY MANAGER'S BRIEFINGS
POTENTIAL SHORT-TERM PARKING LEASE
AT LYNNHAVEN MUNICIPAL MARINA
ITEM#70493
2:02 P.M.
Mayor Dyer advised the COVID-19 Public Health and Safety Update will be briefed last due to a
scheduling conflict with Dr. Lindsay.
Mayor Dyer welcomed Michael Kirschman, Director-Parks and Recreation. Mr. Kirschman expressed
his appreciation to City Council for their continued support:
Lynnhaven Municipal Marina
Potential Lease of Parking Spaces
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City Council Briefing
July 14,2020
Michael Kirschman
Director.Parks and Recreation
Here is the Facility Information:
.
Facility Information
• Constructed 1969
•
2.48 Acres o
• 50 Wet Slips—All Filled with Waiting List
• Slips Rented via Annual Permit Rental Agreement ' 'r
• Current Annual SlipRental Fees:$2,067-$3,452
• Commercial and Auxiliary Mooring Areas ti I, "
• 7 Slips for Police,Fire,EMS `S'~ n t
• 90 Parking Spaces ®�
• Bulkhead Failure 2016—Repaired 2019-2020
• 1981/1982 Army Corps of Engineers Cooperative Dredging Agreement—City
to Provide Public Berthing Space for Recreational and Commercial Use
July 14, 2020
3
CITY MANAGER'S BRIEFINGS
POTENTIAL SHORT-TERM PARKING LEASE
AT LYNNHAVEN MUNICIPAL MARINA
ITEM#70493
(Continued)
Facility Parking Information
• City Zoning Ordinance,Section 236,requires 0.50 Off-Street Parking Space Per
Boat Slip=25 Required Minimum Parking Spaces for Slipholders
Facility Parking Background
•August 2007—Short-Term Parking Lease—Not Executed
• October 2007—Long-Term Facility Lease—Not Executed
• October 2013—General Public Parking Request—Not Executed
• February 2014—Short-Term Parking Agreement with Chick's Marina Properties
LLC for 46 Spaces—Chick's Oyster Bar Restaurant Parking Lot Renovations
• May 2018—Short-Term Parking Agreement with Chick's Marina Properties LLC
for 40 Spaces—Construction Easement Needed for Marina Bulkhead Repair
•May 2020—Temporary Parking Agreement with Chick's Marina Properties LLC
for 24 Spaces—Until Lease can be considered by City Council
Here is an overview of the Parking Request:
Parking Request
• Chick's Marina Properties LLC(aka
$ Chick's Oyster Bar)has requested Short-
Term Lease of 24 Facility Parking Spaces
•April thru September Minimum
+w •Annual Lease with Annual 1-Year
Renewals,not to exceed total of 5 Years
s • Lease Rate=$50 per space per month=
$1,200 monthly
• 24 Spaces in Lower-Use Area of the
- f Marina
.•• NW +;
July 14, 2020
4
CITY MANAGER'S BRIEFINGS
POTENTIAL SHORT-TERM PARKING LEASE
AT LYNNHAVEN MUNICIPAL MARINA
ITEM#70493
(Continued)
Here are the Next Steps:
Next Steps — Potential Lease of Parking Spaces
•July 2°d—Friday package to Council;if briefing desired,proposed for July 14th
Formal Session
•July 5th—Public Hearing Ad in Beacon
•July 6°h—Notify Current Slipholders,Nearby Residents,and Civic Associations
•July 14°h—Public Hearing
•July 21°"—City Council Vote
•August 1a0—Execute Lease
QUESTIONS? `=
Mayor Dyer expressed his appreciation to Mr. Kirschman for the presentation.
July 14, 2020
5
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
2:14P.M.
Mayor Dyer welcomed Bobby Tajan,Director—Planning,Bill Landfair, Planning Evaluation Coordinator
and Kevin Kemp, Zoning Administrator. Mr. Tajan expressed his appreciation to City Council for their
continued support:
CS[y• <J
Virginia Beach
0
/
PlanningItems
July 21" & 28th
City Council Meetings
There are nine(9)Planning Items scheduled for July 21S`:
SUMMARY -July 21St
9 Planning items scheduled for City Council's consideration
1.Melissa&Paul Venable—Lynnhaven District -'
• Alteration to Existing Nonconformity _
• Recommended for Approval by Planning Commission&Staff u.aa.a a Paul Vonatft
•
2.Linda M.Addison—Centerville District u a ••, • C.p.00.„a.OpeT
• Conditional Use Permit(Home-Based Wildlife Rehabilitation Facility)
• Recommended for Approval by Planning Commission&Staff
vas lashes a Spa
3.Vogue Lashes&Spa Beach District "'
• Conditional Use Permit(Tattoo Parlor) / _ •minas ls:Prren
• Recommended for Approval by Planning Commission&Staff^ al the A
/ s +r• - '-" S6 -^
A.Church of the Ascension—Kempsville District d s ,,,a• ".> 1
• Modification of Conditions(Religious Use) '-1 . c7 aw.",„ /
• Recommended for Approval by Planning Commission&Staff , , s
5.Emmanuel B.Piston—Bayside District
("c"I'unriaM.Aaax n, AY Uncle,Addison .iu. pMentle
• Conditional Use Permit(Automotive Repair Garage)) c.t.
• Recommended for Approval by Planning Commission&Staff s.
004:
July 14, 2020
6
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
SUMMARY — July 21st
9 Planning items scheduled for City Council's consideration
j-----_____-,..
6.RyChae LyNea Reed—Kempsville District -
• Conditional Use Permit(Family Day-Care Home)) „ Massa,t v.w Wn.D�
• Recommended for Approval by Planning Commission&Staff ".
,
7.INKcredible Tattoo,LIC—Princess Anne District # S .Lorna C.Donato,oval
• Conditional Use Permit(Tattoo Parlor)
1 It
• Recommended for Approval by Planning Commission&Staff Lashes•tea
8.Lorna C.Donatone,QPRT,Scott&Katherine Morin—Lynnhaven District Q Bmr, La P on -"'a' "''�
• Conditional Use Permit(Community Boat Dock) ¢ _ rar .1- \
• Recommended for Approval by Planning Commission&Staff w,•;_ aae� 1 J
9.City of Virginia Beach—Amendment to Section of Zoning Ordinance `awPo, f$
re:setbacks for inground pools adjacent to Atlantic Ocean I r .� v. a
• Recommended for Approval by Planning Commission&Staff qua.Sd.. +er _ -
Undo M.AEUMon N. 1}MINKemdibM Tattoo,LAX
GRimun rf`
o..,,,..a.,. ,coo
A §
} 3
MELISSA & PAUL VENABLE Item
Council District Lynnhaven
Location 213&215A 69th Street
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ALTERATION TO EXISTING NONCONFORMITY
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval a
July 14, 2020
7
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
I P - 213&215 69th Street Residential }
Ill \ I
• Alteration to Existing Nonconformity ;�--F-
requested for expansion of 2nd story of — , ° >11. '
existing duplex
• 3 legally nonconforming dwelling units on 1a
lot i yI.
• Proposed changes include new roof and 4 -
dormer on rear of structure
• No increase or change in building height,
footprint,or front elevation s
MELISSA&PAUL VENABLE Item 1
LINDA M. ADDISON Item
Council District Centerville
Location 1717 Dancers Court 2
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CONDITIONAL USE PERMIT(Home-Based Wildlife Rehabilitation Facility)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
July 14, 2020
8
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
�� MP4rn LANDING(Sfluu r LA KYRHCIP
ry 'r i1'' Ig l rth •
(srumer LAKE)
/� 5 ,IIA1 Yf t ` PYM•eRrr or drr or NOR OLA 1
1✓ •xis•
338
l; row<A - z
„_ do ! ¢ Outdoor Crate
111 6'T�� r ' °for Boa Turtles Only
FlF ` r„r
I.'L I 6'TMl
NEW
• Conditional Use Permit requested for • 1 Home-Based Wildlife Rehabilitation I* I
share ' ' "1.
• Limited to indoor urgent,emergency care DANCERS COURT
for animals plus outdoor care of box
turtles
• Applicant licensed Veterinary Technician
LINDA M.ADDISON Item 2
VOGUE LASHES & SPA Item
Council District Beach
Location 993 Laskin Road 3
t %..,. d 1 L ._SA o= t
t rill'
s �;
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.
CONDITIONAL USE PERMIT(Tattoo Parlor)
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend Approval a
July 14, 2020
9
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
1N 10 (ASKIN ROAD CAR WIDTH R/AV)
d1 Mart VS
II ) (�1A�
T arm NJf10'OOt 1MQpD) .Pm0 ,
O..=su Manse..D.0 1
OM
\�'Y be CM x c r,.. MO)! n
2 14e q ' 1 It.a • Fop yy
7 a.:, SEAMY SUOK
,W a AND "
S2 . rarao PARLOR
,7r L sm101011 113.1 r(r)¢n)(on rea ' ' " \y.
• Conditional Use Permit for a Tattoo Parlor "°°(PUT)
specializing in microblading within existing
beauty salon
• Building undergoing interior and exterior renovations
• Recommended conditions require conformance with current sign regulations
,
VOGUE LASHES&SPA Item 3
Mr. Tajan turned the presentation over to Mr. Landfair:
CHURCH OF THE ASCENSION Item
Council District Kempsville
Location 4853 Princess Anne Road 4
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t �rol ! .0d rn _G `.:
MODIFICATION OF CONDITIONS(Religious Use)
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend Approval 10
July 14, 2020
10
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
• Existing church built in 1965 yV $ F ,6
• Modification of Conditions requested to
permit 2,800 sf 1-story administrative office • ''
i
• Addition will complement the architecture Addition
and character of existing building location
• Ample parking provided
1011
is ill 11111
I [ [ 11 ,1_ 411111
u
CHURCH OF THE ASCENSION Item 4
EMMANUEL B. PLATON Item
Council District Bayside
Location 5044 Cleveland Street 5
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1 [11 /�i
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CONDITIONAL USE PERMIT(Automotive Repair Garage)
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend Approval 12
July 14, 2020
11
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
s,.a.
as OUT -' - -
zo" tz�
LOT 20 . i. Y Q
n Existing Building n5 a
_ idor LOT 21 z .,xssw.n.
—
'•ram _ ....
.. .:
Existing
LOT 22 ca+c _- eTan
Existing nonconforming � iopartss n5flk
sign to be removed ' Spaces
- — +�}�-+ � `•
Eai#in(2fY N E6175OC'W 125.00'
Fr...t.ndin6 Sian
to be removed CLEV'ELAN0 SIRELT ( 60• R/W )
• Automotive repair services provided on site
since 1970
• Proposed expansion of business to add paint booth now requires Conditional Use Permit
• No other exterior changes or expansion of building proposed
13
EMMANUEL B.PLATON Item 5
RYCHAE LYNEA REED Item
Council District Kempsville
Location 1674 Dylan Drive 6
CONDITIONAL USE PERMIT(Family Day-Care Home)
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend Approval 1•
July 14, 2020
12
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
�°e OVUM
trO ,N � Shed
MIS
Meaty o. erNesAn. r,t
Fenn rn
an
• Request for in-home day care for up to 12 children(final number will be approved by Social Services)in the
Brandon neighborhood
• Applicant resides in the semi-detached dwelling and has over 20 years experience caring for children
• Enclosed fenced-in backyard for children to play ss
RYCHAE LYNEA REED Item 6
INKCREDIBLE TATTOO, LLC Item
Council District Princess Anne
Location 1630 General Booth Boulevard,Suite 112 7
•
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/11
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r f (jof ,.pp., �j /
l � s.roMF I1 p Co 4.,R7
CONDITIONAL USE PERMIT(Tattoo Parlor)
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend Approval
16
July 14, 2020
13
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
P INKcredible tattoo
CIINAKI LED lETTCAr OM RACEWAY
FACE. MATE
RrT1RIMr ALA.
MN-arrrnSLACK
EV SLACK WT.FADE INO.
• Conditional Use Permit request I -..
fora Tattoo Parlor within existing --- - --
2,500 sf unit in shopping center ,'�4
• No exterior changes proposed, ""
except for building mounted sign
• Parking in shopping center
adequate to accommodate use
17
INKCREDIBLE TATTOO,LLC
Mr. Landfair turned the presentation over to Mr. Kemp:
LORNA C. DONATONE,QPRT, SCOTT& KATHERINE MORIN Item
Council District Lynnhaven
Location 1421&1423 Blue Heron Road 8
✓ ,I v ,
(r
•y1G
CONDITIONAL USE PERMIT(Community Boat Dock)
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend Approval 18
July 14, 2020
14
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
E.B.OF LYNNHAVEN A
RIVER
1.10•
•
1111 REPLACE IMAM el WE "
FOOIMNrONTOIINDI
Nte4
tom•-sq� w�9'o:1 _ ..
i ull!'
1011 :lam
• Conditional Use Permit requested for shared dock between adjacent property owners in the Shorehaven
subdivision
• Proposal replaces dock damaged during Hurricane Dorian
• WA submitted,approval required by City Staff,US Army Corps of Engineers,and Virginia Marine
Resources Commission
19
LORNA C.DONATONE,QPRT ET AL. Item 8
CITY OF VIRGINIA BEACH Item
9
An Ordinance to amend Section 201 of the City Zoning Ordinance
pertaining to setbacks for inground pools adjacent to the Atlantic Ocean
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend Approval
20
July 14, 2020
15
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
Summary of Proposed Ordinance Amendment
• Section 201(a)(1)specifies that an in-ground pool
may be no closer than 20-feet to a rear property line
on a through lot a" I
� M
• Amendment allows in-ground pools to be 5 feet from a " "'''....,- -
•�� ta rear property line adjacent to the Atlantic Ocean ) t . �v � ="�:�C,'
z .� I to
_ s •• Reduced setback is necessary due to the unimproved I' • 04 �a r y
right-of-way(Atlantic Avenue/Boulevard) ,,,!E €,ia .•
17411 el... nl.
• Setbacks already reduced for R-5R properties(located IM oa a0c IlnR
north of 49th Street)
21
CITY OF VIRGINIA BEACH Item 9
There are thirteen (13)Planning Items scheduled for July 28h:
SUMMARY - July 28th
13 Planning items scheduled for City Council's consideration
1.&2.Vacation Properties,LLC—Beach District
• Conditional Use Permit(Short Term Rental)
• Recommended for Approval by Planning Commission&Staff —\ ,�,,,,,,,,•�„•„••,
3.&4.Allen Prince—Beach District
• Conditional Use Permit(Short Term Rental) I .„.,..•'
• Recommended for Approval by Planning Commission&Staff
5.
5.Mission Enterprises,LLC—Beach District
• Conditional Use Permit(Short Term Rental) + y' ,r
• Recommended for Approval by Planning Commission&Staff • ". 5,
=� ......sec
•
6.Janet Marino—Beach District kJ/J /�"' -
• Conditional Use Permit(Short Term Rental) _'- _/ `""�. � �
• Recommended for Approval by Planning Commission&Staff- _ °F"'" "— " .5m:a `V
.w" ....S f1 s '.""'.•..t
7.&8.Aria Atkins&Melvin L.Atkins,III—Beach District y _ \ \
• Conditional Use Permit(Short Term Rental) ,m / % _„•i E
• Recommended for Approval by Planning Commission&Staff
:t•Y. /s`-i
22
July 14, 2020
16
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
SUMMARY - July 28th
13 Planning items scheduled for City Council's consideration
9.William&Marie Burkholder—Bayside District
• Conditional Use Permit(Short Ter Rental) h
/
• Recommended for Approval by Planning Commission&Staffm. // „,a„,•,,,„;‘•.
10.HMC,LLC—Bayside District '
• Conditional Use Permit(Short Term Rental) Bt ,o•''" . 1
• Recommended for Approval by Planning Commission&Staff '/�-� • S
11.Emily Perdondn&Dennis Smith—Lynnhaven District I �4 ,� •
��
• Conditional Use Permit(Short Term Rental) l 7 w�' ,b
• Recommended for Approval by Planning Commission&Staff 1 a"''r-"' •yg /> a r".•�LL=
J I ._. ..e...t.
12.Geoffrey Whiteside—Lynnhaven District
• Conditional Use Permit(Short Term Rental) :"^+ � ,,„„i a
• Recommended for Approval by Planning Commission&Staff I .-----. 1 / t ^•••—•.:
`-'1
13Justyce Swango—Beach District .^.^ i9 Is a
• Conditional Use Permit(Short Term Rental) _\ ,y
• Recommended for Approval by Planning Commission&Staff.b•
33
CONDITIONAL USE PERMIT—Short Term Rentals Items
1-13
• All Recommended for Approval by Staff&Planning Commission
(*Consent Agenda)
Beach District Bayside District
1.&2.Vacation Properties,LLC 9.William&Marie Burkholder
3.&4.Allen Prince 10.HMC,LLC
5.Mission Enterprises,LLC
6.Janet Marino Lynnhaven District
7.&8.Arica Atkins&Melvin L.Atkins,III 11.Emily Perdoncin&Dennis Smith
13.Justyce Swango—Reconsideration by City Council 12.Geoffrey Whiteside
a
July 14, 2020
17
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
VACATION PROPERTIES, LLC Items
Council District Beach 1 & 2
Location 304 28th Street Units 310&311
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CONDITIONAL USE PERMIT(Short Term Rentals)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval 35
• Conditional Use Permit for 2 Short Term Rentals in
4I
t condominium on property zoned OR Oceanfront Resort
Li u �I it • 2,2-bedroom condominium units on 3rd floor
.fWh
' r • 2 parking spaces required&provided on site for each unit
-
is.a.` - 4(n1DHP Fd a D N
B--
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its" . , .er ...A .7,-,i---,
9 X
' .__-_. --...__.___ Out _
VACATION PROPERTIES,LLC Items 1&2
July 14, 2020
18
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
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• - .
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it; -t-wid -- t t,.t,
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STATUS ) t � ----- ` `_
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O Linde,Renew � �_. �, �\ ., \ ,
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VACATION PROPERTIES,LLC Items 1&2
ALLEN PRINCE Items�� 4«
Council District Beach 3 y_
Location 525 215Y Street,Units A& B ,Pil'it7f-t._.
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II *y`ti� ` _r----:----1--- -
• � _,
a
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CONDITIONAL USE PERMIT(Short Term Rentals)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval x'
July 14, 2020
19
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
20' ALLEY
u'r ca 00
Gravel Parking
Il=^/�-,. Area
„,--I . 41 9'X18'Parking
t 8
t t € k I SP aces
{ I 29 Iliii i
Driveway
i Pi
• Request for 2 Short Term Rentals in a duplex ? ® I:, h
on property zoned OR Oceanfront Resort • 991e ,,.OK
• Unit A:2 bedrooms Ai 25
Unit B:3 bedrooms A,,,
.4 A,vc. S>e,rm•. w.GO'
• 5 off-street parking spaces required& 21st STREET
provided with both alley and street access •' 21
ALLEN PRINCE-UNITS A&B Items 3&4
i - ,
?.
OF; is
30
ALLEN PRINCE-UNITS A&B Items 3&4
July 14, 2020
20
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
_ .-11:140.010,000
ioNtrt. IftiorlOPIZAAOL-mei
1 • oeeea 1111111111.
O weu ae e. :�ti•N 11sds 11
31
ALLEN PRINCE-UNITS A&B Items 3&4
MISSION ENTERPRISES, LLC Item
Council District Beach
Location 517 Virginia Beach Boulevard 5
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-- — ---t ,
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval u
July 14, 2020
21
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
I
...
• Conditional Use Permit for a Short Term Rental on
property zoned OR Oceanfront Resort
• 1,3 bedroom apartment located within 2nd floor '" •• M..,
of a mixed-use building near the oceanfront LOT 10
s1199119_..3...Uu ,ww.
.. .a
• 3 off-street parking spaces required&provided on 1R as
site •.,.::WI
--
._. ._a
u
MISSION ENTERPRISES,LLC Item 5
J\---- -j 00' -‘rilpli* =':ram f
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s•NMpaed TAS rs ‘' Vi\.e.-
OVP---1lat
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O u.d..R....MO%TA•S /""-- I I
MISSION ENTERPRISES,LLC Item 5 °'
July 14, 2020
22
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
JANET MARINO Item
Council District Beach
Location 951 Maryland Avenue 6
_____________,,_ ,__ ,__,-_,E: ';,'CL_il 1,1 PL' `titV''','I ,,-
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L-- i
Lj 'LI'ii t:ri—E-7:11:1131i''-ant7tr,IMI:r-'12r77/7-7----H
t.
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval 35
.f COT / .O'On v.
r e -= .r art % `- ..
8
0.1M3
`44.I -<� - ' E I laate.
COMMON 10.1.
' i .r
_ VIE 1 is X Townhouse
, '
"alp _
8 ' '
• Request for a Conditional Use Permit for Short o Ng 2 surface parking spaces
Term Rental on property zoned A-24 Apartment _ �v.
near the oceanfront uo ; ' "nZssr. ,.•n
MARKAND AY£NU£ UW
• 2-bedroom townhouse (sD RAY)
• 2 off-street parking spaces required&provided
36
JANET MARINO Item 6
July 14, 2020
23
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
•
Y
X I >s
� _.. ..�
4••,M l,"=,
�\ •' -f A u9 ,a pyee
9 .4 1
,iS• K ]I 1[ '' Venuer
• ronwed C+
�. l
- • Denied . a ������((((jjjj((''''''
Under Reeve*] I I - V en „
n
JANET MARINO Item 6
ARICA ATKINS & MELVIN L. ATKINS, III Items
Council District Beach 7 ( 8
Location 598 Pinewood Drive, Units 203&208 0
-- Uti•
1
t ..+
' 1� ` ..
_
\
-
CONDITIONAL USE PERMIT(Short Term Rentals)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval 38
July 14, 2020
24
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
k.
F.,e. u
' lc' „...,:.*:„z..' .,•••141110- ,_„
•
d dsxu
. f
• Request for Conditional Use Permit for 2 , � 1;
Short Term Rentals on property zoned RT-3
Resort Tourist District near the oceanfront I Parking Spaces for Units 203 and 208
i
• 2,1-bedroom units-Unit 203&Unit 208
• 1 off-street parking space for each unit
required&provided39
Arica Atkins and Melvin L.Atkins,III Items 7&8
t-, 1 -�, f .
11
egi
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`,•MIN + t- t ' rid-
riiii • t N ;_ r. irk* .1%01itii °111°- teraci
STATUS r
q10 : ,Wily
1 • cee a
p under aev.ew --��'rC �t r t
II ARICA ATKINS&MELVIN L.ATKINS,Ill Items 7&8
July 14, 2020
25
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
WILLIAM & MARIE BURKHOLDER Item
Council District Bayside
Location 4472 Ocean View Avenue, Unit B 9
,
_:„
-- i
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,\( /`>� '� / - `'v.•.,,h / l N`ao
B iJ A311� j =sR",
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 6 to 3 to recommend Approval .1
^' t3
srnwn.eMw
arN.r%S NNW bow) wky
d''''' /
1 r 1 t
IrI�\
Pr
• Request for Conditional Use Permit for Short Term Rental on property zoned R-5R Residential
(Shore Drive Corridor Overlay)District
• 2-bedroom duplex
• 2 off-street parking spaces required;2 spaces provided(1 under the unit,1 in the driveway)
WILLIAM&MARIE BURKHOLDER Item 9 42
July 14, 2020
26
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
I
uII/ rlyb s te tint rm'
Armpit,,, ..lift-i
„igv
h8 In • •'. !•.. 4
u..N _ / � Nr 4;
lar�rua lIisg 1r ls,p,p,'P ,,
•
permed '`\
p UnOr Rev.. T
.„,----,'31e, 43
WILLIAM&MARIE BURKHOLDER Item 9
HMC, LLC Item
Council District Bayside �O
Location 4669 Merrimac Lane
--... / , ' / -,--(-1\
, ��
"'''..-/T1''''''''''''''''''''''''''''''''' ''''''''''' --'n--7C-)'-;;
= / 11 i , 'Cam,`Cit- :' .re i
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval ..
July 14, 2020
27
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
x , . V ��— ( r
•a
1 ;� i e •Townhouse
�- ��
—fir . „c . ' • i.
.. , - 3 Surface
.2 \ , • Parking
;i. \\,. r paces
• Request for a Conditional Use Permit for Short i Ili
Term Rental on property zoned A-12 Apartment I .k
District in Bayside Villas Condominiums I
• 3-bedroom townhouse
• 3 off-street parking spaces required&provided Merrimac Lane
HMC,LLC Item 1i.
41* , , .. ). /0\ 1100
VA. 11/ _
4R
�r � en"nr • �/ F
AI
A ' -/,, `(��r0,
12
110,
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oeo ea ''_:1a wea
O ueae<Review grow
0
10
K
HMC,LLC Item 10
July 14, 2020
28
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
EMILY PERDONCIN & DENNIS SMITH Item
Council District Lynnhaven 11
Location 2306 Oak Street
ro
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval 47
' e4141M,aY yy
LOT 405 1....!
`3 p'riparking spaces
ar
•
Request for Conditional Use Permit for Short Term Rental s
on property zoned R-7.5 Residential District(Shore Drive
Overlay)in the Cape Story by the Sea neighborhood 7/P.
d
• 3-bedroom single-family dwelling
OAK sn r(50'R/M)
• 3 off-street parking spaces required&provided
b
Arica Atkins and Melvin L.Atkins,Ill Item 11
July 14, 2020
29
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
---' \ \ VMV,,F. %-.
_ ♦h♦ ,. �lg♦ _lip0
-.-.-<- !,-- ' __----Ir;SVO:4-014.'4414*-4,air,
0 weer aevew G1:4c
I`Si ♦♦
1 C aey.zrea ♦♦-\ -,AI. 0001% 44.' G as
EMILY PERDONCIN&DENNIS SMITH Item 11
GEOFFREY WHITESIDE Item
council District tynnhaven
Location 131 South Thalia Road 12
. .----
'� lJ �t
. 1 - 7, ° 0 _,2.
c
i1 _ �,_ Ir ,, i
� p -
I l j '' �CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval 50
July 14, 2020
30
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
_MO
, -\ r— r-- 0„,
LOT 22 ,za EaSE.a,
...
.
F - IMilli I
- -
111
• Request for a Conditional Use Permit for Short Term iy
Rental on property zoned R-5D Residential District in
the Thalia Village neighborhood //�
t y 9'a 18'parking space
• 3-bedroom single-family dwelling
• 3 off-street parking spaces required;3 spaces provided s TMAL ;oAa
51
(1 in the garage,2 in the driveway)
GEOFFREY WHITESIDE Item 12
1
s ■. _L=
�ttrr.EN�= slinage_.r_
■t ER I:'' I
0 o t u a
- }tom r■.°i= .._IIPIIII
LL t/
/ xe :_" o
-STATUS C. ''-."�' --
• 8kprovea : o V,
• Denec _ ore
O uncle,Revra 11x
Ci Revs/wed 0 wales DdVe 52
GEOFFREY WHITESIDE Item 12
July 14, 2020
31
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
JUSTYCE SWANGO Item
Council District Beach
Location 521 Carolina Avenue 13
� \ t_; "w
I
- �._ y -
i i \ „:.:4 y is
r t ,Uo
.--- a .� f ry' —
•. , I,-- - -
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval,Planning Commission voted 9 to 0 to recommend Approval
On 6/9/2020 City Council voted 4 to 7 to Deny,On 6/16/2020 City Council voted to Reconsider
53
,44
. ... rre'' il t
-
I. 2 3 4
r
• Request for a Conditional Use Permit for a Short Term -if• L`
Rental on property zoned R-55 Residential District in
the Shadowlawn neighborhood near the oceanfront CAROUNA AVENUE
Driveway
• 4-bedroom single-family dwelling
fv 9,18'
• 4 off-street parking spaces required&provided parking space 54
Justyce Swango Item 13
July 14, 2020
32
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70494
(Continued)
•
_tor+
cox
fr-3
rr11 N •r# r 1\1 r\ i� °
O Ot arrr! .�ri .i
rrsrrri1N Attu r Qser� •
Istwows 0 I 1st* rot lc
rM
itow" soittgattquit sr: so
1;!
U ik r
rr
ce>ear �1�Alt '�,� 'K/
O ones 1' a
; ;
O Re9e eE
Y� ~ SS
(t
Justyce Swango Item 13
Mayor Dyer expressed his appreciation to Mr. Tajan, Mr. Landfair and Mr. Kemp for the presentation.
July 14, 2020
33
CITY MANAGER'S BRIEFINGS
COVID-19 PUBLIC HEALTH AND SAFETY UPDATE
ITEM#70495
2:42 P.M.
Mayor Dyer welcomed Erin Sutton,Director—Office of Emergency Management and Steve Cover, Deputy
City Manager. Mrs. Sutton expressed her appreciation to City Council for their continued support.
Mrs. Sutton advised Governor Northam held a press release today and provided public health data by
Region. The 7-day average in the Eastern Region has increased from 60 in June, to 346 today and the 7-
day average for positive tests has increased to 10.1%. Mrs. Sutton advised the Governor's first step will
be stronger enforcement and has tasked Dr. Oliver, Virginia Health Director, to send a letter to subordinate
Health Directors reminding them of their enforcement responsibilities with direction to establish teams
with representatives from the Departments of; Health, Agriculture, Human Services and ABC. The teams
will conduct unannounced visits to restaurants and bars to provide enforcement. Mrs. Sutton advised
Governor Northam will write all Mayors with public beaches, requesting updates on their beach plans.
Governor Northam is considering an earlier cut off time for alcohol sales as well as evaluating other
measures to curb the increase of cases.
Mrs. Sutton advised there are 72,443 cumulative COVID-19 cases and 1,977 deaths in Virginia. The City
has 1,993 cumulative COVID-19 cases and 32 deaths. The 7-day average has increased to 86 as well as
the 7-day average for positive tests to 10.7%. There is a total of thirty-eight(38) cases for City employees
with an increase of eight(8)since yesterday.
Mrs. Sutton provided the following updates:
City Recovery Operations
• Reopening Plans will be reviewed for Public Utilities, City Clerk and Emergency Management
Departments.
• The Eviction Assistance Program closed out Phase I this week with 587 applications accepted;
266 completed and 321 not assisted.
• The Housing Resource Center reopened with day programs operating at 50% (thirty (30)
individuals working two shifts with fifteen (15) each).
• On July 20th, the Central, Bayside, Law, Princess Anne and Kempsville Public Libraries will
reopen with limited services Monday — Thursday 10:00 A.M. to 6:00 P.M and Friday -
Saturday 10:00 A.M. to 5:00 P.M.
• Human Services has received 6,868 SNAP Applications with approximately 60% of those
eligible
• There are 47 food pantries open
Mrs. Sutton turned the brief over to Dr. Lindsay.
July 14, 2020
34
CITY MANAGER'S BRIEFINGS
COVID-19 PUBLIC HEALTH AND SAFETY UPDATE
ITEM#70495
(Continued)
141
Vhgiaia tsccb
Public Health
COVID-19 in
Virginia Beach
JULY.14.2020
Here are the Key Measures—Forward Virginia:
Key Measures- Forward Virginia
Decreasing 14 day trend in Percent test positivity(PCR only)
Downward trend in hospitalizations over 14 days(7 day average)
Adequate PPE(Measure:Hospitals reporting difficulty obtaining PPE,Downward Trend)
Increased testing and tracing
Hospital capacity is sufficient
We also look at:
Decreasing trend in the number of new cases/deaths over 14 days
July 14, 2020
35
CITY MANAGER'S BRIEFINGS
COVID-19 PUBLIC HEALTH AND SAFETY UPDATE
ITEM#70495
(Continued)
This graphic provides the level of community transmission by region:
• Minimal
. VERN
Moderate
is Substantial
RTHWE
CENTRALS
AILf
This graphic displays the Eastern Region metrics of COVID-19 Disease Transmission Activity:
1 .
mi=mum mcimm
\.••••••••••A mewead .11:110•=....*1
aloe '
r, 1..r• 10
0 0 -7-. :j.-c7-\----.) • •
.. , . 1•011
..•=1.7100 1.4110.7.= ..
• (1) 0
1 ...
0 le .
............., ...•...........
1 0 •
......„
........ nr*.•••••
ono, WV.I..... •••••••
•••••••••••
- -
1 0 .
July 14, 2020
36
CITY MANAGER'S BRIEFINGS
COVID-19 PUBLIC HEALTH AND SAFETY UPDATE
ITEM#70495
(Continued)
The Eastern Region— Transmission Level is categorized as, "Substantial Community Transmission":
Eastern Region- Transmission Level
Substantial community transmission
As of 7/12/2020,the current status of COVID-19 in Eastern is moderate burden,
increasing.
Select Region Select Statistic for Graph
Eastern
12
IIlletaaflnS Hlgh B,rde L...
21
Steady Moderate Burden
Decreaming 'atrdan.
Here are the Total Cases by Date Reported—Eastern Region:
Total Cases by Date Reported-Eastern Region
Number of new cases VDH reported by day.
1600
1400
1200
1000
800
600
400
�1
200 s l r 0 ,�0,-.,,r ,,, 1 Ihill iI�III
0 N-a N NroIloao N of-- 1�li I hill�1�110111/1���! ^. ,,y,.,l - }}}1!!},,.,,,
�;r N.,,,�.r„ rrrr.'II,I,�. 1 �,
zif
IN
H r'NI r n n H o nA o N N
_ N N . N N
it O it i- W pN1 .Ma .N-i N N O -~-10
.mi N T $ . -. ..-I N ,.. N N A O e+e
N N O O O pp oo
O O O O S O 0 0 0 0 0 0 0 0 O O O.G.O O O O O O n O O
in;
imi
July 14, 2020
37
CITY MANAGER'S BRIEFINGS
COVID-19 PUBLIC HEALTH AND SAFETY UPDATE
ITEM#70495
(Continued)
The number ofpositive tests in the Eastern Region has increased to approximately 9.5%:
Number of hgYTased.Number of leosl.e Tests,a. •
Pef t Po....by t...n Oat.ICt osr- p p°^'°•' _ _
00,
aaaIaaaaaa�iaeaaaaPSaSaaae68e
sdraty.atYe—ee.e..twoe...
Numbet of People Tat.,Number of IO.pr Test,end
percent Iobnelty by lab aepen Date,ICJI Only
Eastern neg.,
nox
2110,
wR
Yyr.r ¢ �t (y R rl`i@alp 00S
s �R�gR4�g�g�gg�g3��� Qg3�2�e�¢x
eSfia��a��aia�iaaaaaa��6aaa5888e
Here are the COVID-19 Cases by Day from February Is`to July 13th:
Covl0-19 Cases by Day as of 13JUL2020
Veyua Beam C ity
W i
60
E
xo
01peb Web 0lM• 16M. 01ap 16asa 01May's.a, _,a •IC( C';u tb:a
2020
New cse,
t.day mown;0.e,09e
July 14, 2020
38
CITY MANAGER'S BRIEFINGS
COVID-19 PUBLIC HEALTH AND SAFETY UPDATE
ITEM#70495
(Continued)
The number of patients hospitalized with a positive or pending COVID-19 test has been increasing since
June 26`h:
Number of Patients Hospitalized with a Positive or Pending COVID-19 Test-
Eastern Region
1600
1400
1200
1000
800
600
400
200 iiillil �!
R xa � gQ � Q ggIggg oQ g gQxQQaQQ
� SSa > Sa � ag > 5 �' e � � c �
a a s a a S a ffi I k. r G i4 g 1 o 0 0 0 0
MINumber of Patients Hospitalized with a Positive or Pending COVID-19 Test- _
Virginia Excluding the Eastern Region
Here are the Demographic Characteristics of Cases:
Demographic Characteristics of Cases
tgi
COVID-19 Cases by Age&Sex v N'Beach
Public Health
359
The Number of COVID-19 Cases 2414
through 0710312020 in Virginia Beach
Is 1255 cases.
259
Their mean(Standard Deviation(SD)) s 1.4
of 43.8 is age (21.2) .
a2x,w 1?
g years E a r 11x
57x
65x �9I4
About two thirds of the Cases(66%) ,w
aged between(20-60)years. 1ao K 7,L
1� I
iIii1
<20 20-79 30-39 4049 50,59 6049 7079 90,
•F.n49. 45 145 113 99 66 77 34 04
•NYM 51 153 96 61 69 94 37 26
Total 97 301 200 171 156 142 71 90
July 14, 2020
39
CITY MANAGER'S BRIEFINGS
COVID-19 PUBLIC HEALTH AND SAFETY UPDATE
ITEM#70495
(Continued)
Here is the Trend in Age Distribution of the Cases Over Time:
Trend in Age Distribution of the Cases Over Time
Mean(SD)of Age of the COVID-19 Cases over Public Heath
time
)e
• This graph represents the mean age of the cases in
e . . Y axis at each date on X axis.
_mow • The mean age of the cases have declined from 51
30 to 44 years due to the increase in cases in the
:a younger age groups.
t9
---rnem Date
This graphic provides a comparison of Age Distribution vs. Hospitalization Cases:
Trend in Age Distribution of the Cases vs.Hospitalized Cases la
�• ni.Beach
Age Stratified Number of COVID-19 Cases Over Age Stratified Number of COime Hospibirted Uses dGEr'.
Time Public Heath
u° lime
E
UP. e a a - a 6 I I !
- e e z t s r ^e .1 t i e 1 e i Date
I F e r 3 a ] ! _ _ -
Date 20-21r99nmmtossr.rsm•ma11t9sn
50-591un-6-46110latn.v.70.71t9on� t1m.
July 14, 2020
40
CITY MANAGER'S BRIEFINGS
COVID-19 PUBLIC HEALTH AND SAFETY UPDATE
ITEM#70495
(Continued)
Here is an overview of What VDH is doing:
What VDH is doing
•Increased emphasis on enforcing Governor's Executive Orders
•Continued efforts to educate businesses and the public around public
health preventive strategies
•Enhanced public health response efforts with close monitoring of key
indicators
•Case investigations
•Contact tracing
•Adding staff to support these efforts
•Enhancing testing
•Planning for Immunizations
•Support planning efforts of other agencies
•Strike teams to address outbreaks and provide technical support to high
risk settings
Here is the Summary:
Summary
Virginia Beach and the Eastern Region are experiencing a dramatic and
disturbing increase in COVID-19 cases
We have returned to a level of widespread community transmission at a
moderate level,the pace of which is rapidly advancing
There has been a significant shift to a younger population in cases,with
the greatest proportion in the 20—29 year age group
Public health case investigations and observations show a major
contributing factor is an increased socialization of extended(non-
household)family and friends and large gatherings in bar areas of
restaurants without observance of public health preventive measures—
social distancing,facial coverings,etc.
July 14, 2020
41
CITY MANAGER'S BRIEFINGS
COVID-19 PUBLIC HEALTH AND SAFETY UPDATE
ITEM#70495
(Continued)
Summary -
We are all part of the solution. What we each do personally and
collectively matters
Case investigation and contact tracing alone will not turn this tide
Follow the public health preventive measures. Avoid crowds
• Unfortunately,those outside our household, regardless of our level
of comfort with them, pose and increase risk
For socialization—limit if you can; KEEP YOUR CIRCLE TIGHT
Dr. Lindsay turned the presentation over to Mr. Cover.
Mr. Cover advised the beaches were crowded but peaceful and provided the following updates for the
previous weekend:
July le:
• A house on the block of 3300 Sandfiddler Road had approximately twenty (20)people on the
deck when it collapsed,five(5) were injured and four(4) were transported to the hospital.
• There was a fatality on 60 and Atlantic Avenue when a pedestrian was hit by a vehicle.
July llth:
• There was a peaceful protest in Town Center
• During the time of the protest, a dumpster fire was reported in the same area. A body was
found inside the dumpster, an investigation is in progress.
July 12m:
• There were two(2)fires;a townhouse in the Green Run neighborhood and a garage in the Fox
Fire neighborhood.
July 14, 2020
42
CITY MANAGER'S BRIEFINGS
COVID-19 PUBLIC HEALTH AND SAFETY UPDATE
ITEM#70495
(Continued)
Mr. Cover advised there is a protest planned and permitted for today. Protestors will march from the
School Administration Building and travel down James Madison Boulevard, turn right on Princess Anne
Road to march past the Police Headquarters and end at City Hall.
Mr. Cover further advised he has received information of another protest planned for July 17`h on
Atlantic Avenue and will provide more information as he is made aware.
Mayor Dyer expressed his appreciation to Mrs. Sutton, Dr. Lindsay and Mr. Cover for the presentation.
July 14, 2020
43
CITY COUNCIL DISCUSSION
LEGISLATIVE ISSUES FOR GENERAL ASSEMBLY SPECIAL SESSION
ITEM#70496
3:55 P.M.
Mayor Dyer opened the discussion and welcomed Robert Matthias, Assistant to the City Manager for
Government and Military Affairs. Mr. Matthias expressed his appreciation to City Council for their
continued support. Mr. Matthias provided updates concerning the General Assembly.
Mr. Matthias advised the General Assembly ended their session on March 13`'' with plans to fund several
Democratic initiatives with the anticipation of increased revenue. Shortly after, the COVID-19 pandemic
was declared, and the General Assembly estimated there would be a shortfall of$2-Billion in the current
fiscal year with an unknown amount in the next. During the Veto Session in April, the shortfall was
decreased to $1-Billion and, as of last week, has decreased to $230-Million for this fiscal year. Mr.
Matthias advised the General Assembly has maintained an average budget deviation of 1.3%and the$230-
Million shortfall is 1.1%, which keeps the budget on target. Mr. Matthias advised sales are up across the
board with sales and gas taxes doing good.
Mr.Matthias advised on August 18`'', the General Assembly is scheduled to convene with the Appropriations
Committee where Governor Northam will provide the end of year fiscal report. Shortly after, the General
Assembly will convene into session, but it is unknown right now what actions they will consider.
Council Member Moss advised the Federal Government deserves credit for maintaining a healthy economy,
the defense expenditures have been high and are stable. Council Member Moss asked how long the General
Assembly will be in session.
Mr. Matthias advised he did not know but estimated one (1) week.
Mayor Dyer requested to have a joint meeting with the delegation, including the School Board prior to
submitting the Legislative Package.
Mr. Matthias advised he will schedule the meeting as requested.
Council Member Henley asked Mr. Matthias if he had a synopsis of items the Region did not achieve last
year to determine if those items should be pursued again this year?
Mr. Matthias advised the Hampton Roads Caucus is having an electronic meeting on August 26th where
they will discuss those issues.
Council Member Moss advised the Region presented items last year that City Council was not aware of
noting the dedicated source of revenue on the mass transit recordation tax. Council Member Moss advised
City Council needs to be aware of those items so the body can discuss them and provide input to the General
Assembly.
Mayor Dyer expressed his appreciation to Mr.Matthias and City Council for the discussion.
July 14, 2020
44
CITY COUNCIL DISCUSSION
NOVEMBER REFERENDA
ITEM#70497
4:10 P.M.
Council Member Abbott opened the discussion and distributed a copy of Resolution Requesting the Circuit
Court to Order that a Referendum Election Be Held on November 3, 2020 on the Question of Whether the
Members of City Council Who Represent Each of the City's Seven Residence Districts Should Be Elected
on a District-Basis Rather than an At-Large Basis, attached hereto and made a part of the record. Council
Member Abbott advised it is her intention to add the Resolution to the next Agenda for a vote. Council
Member Abbott advised there has not been a referendum on this since 1996, which means 62%of the City's
electorates have not had the opportunity to weigh in on this issue and believes it is important to get an
updated pulse of how the community feels.
Council Member Moss advised he supports this and understands some believe the public needs more
education on the subject but feels the public is informed and those that care will turn out to vote. Council
Member Moss referenced the voting results from the Light Rail Referendum, noting there were more votes
for that than some of the votes for Council Members who were on the ballot that year. Council Member
Moss advised the deadline to adopt the Resolution is August 9`'' and requested to have a public hearing
before placing the Resolution on the Agenda for consideration.
Vice Mayor Wood advised this issue is different than the Light Rail Referendum as there was a grass roots
group who wanted to defeat the project and City Council heard from them nonstop whereas he has not
heard from anyone in years on this issue with the exception of Council Member Abbott. Vice Mayor Wood
advised he believes there is an educational component to this since this system has been in place for quite
some time and been proven in court to be legal as well as it has passed previous referendums to maintain
the current system.
Council Member Tower advised the way the Resolution is written provides only the pros of District voting
and should also include the pros of At-Large voting to present an unbiased question. Council Member
Tower advised he believes many people do not understand the current system and providing education is
important.
Council Member Abbott advised she is open to adding more information to represent both sides and
suggested adding a page listing the pros and cons. Council Member Abbott advised 25% of voters are
Generation X, 27% are Millennials and 10% are Generation Z and she would like to know what these
groups would like.
Council Member Rouse agrees the question should be presented neutrally and he has heard this issue come
up in his conversations in the community.
Council Member Wilson advised she has not heard anyone speak about this issue like she did with the Light
Rail Referendum and expressed concern with voting turn out due to the Coronavirus pandemic.
July 14, 2020
45
CITY COUNCIL DISCUSSION
NOVEMBER REFERENDA
ITEM#70497
(Continued)
Council Member Henley agreed to have a public hearing prior to voting on the Resolution and believes a
tremendous amount of public discussion is necessary and vital as this could change our system of
government for the City including the School Board. Council Member Henley expressed concern with the
ability of holding enough public discussions due to the pandemic.
Council Member Wooten advised there was a recent survey that showed 71%of citizens were interested in
addressing this issue on a referendum and added it was an issue she often heard about during her 2018
campaign.
Council Member Abbott agreed to hold a public hearing next week and then placing the Resolution on the
Agenda for the following week.
Mark Stiles, City Attorney, asked for direction on advertising the public hearing and what changes need to
be made to the wording of the Resolution?
Vice Mayor Wood advised it is not a good idea to re-write the Resolution at the dais, the document should
stand on its own for the public hearing and can be editorialized afterwards, if necessary.
Council Member Berlucchi advised he is agreement with the need for a public hearing and believes both
sides of the issue should be presented to the public.
Council Member Moss advised each Council Member has the right to sponsor an item, as well as adding it
to the Agenda, and supports Council Member Abbott's Resolution as it is written.
Mayor Dyer advised staff to move forward with the public hearing providing the Resolution Council
Member Abbott has proposed and closed the discussion.
July 14, 2020
��1
x.
z
i
CITY OF VIRGINIA BEACH
AGENDA ITEM J
ITEM: A Resolution Requesting the Circuit Court to Order that a Referendum Election
Be Held on November 3, 2020 on the Question of Whether the Members of City
Council Who Represent Each of the City's Seven Residence Districts Should Be
Elected on a District-Basis Rather than an At-Large Basis
MEETING DATE: TBD
• Background: In 1966, the General Assembly amended the City Charter to provide
that the City Council "shall consist of eleven members, one to be elected by the city at
large from among the residents of the seven boroughs and four to be elected by and from
the city at large." Subsequent charter revisions substituted the term "districts" for
"boroughs" and provided that the mayor shall be directly elected by the voters, but no
change has been made to the requirement that all councilmembers be elected on an at-
large basis.
• Considerations: District-based voting systems could enhance councilmembers'
accountability to district residents, would better ensure that district members represent
the interest of their district constituents, and could also reduce campaign costs which
would lessen a barrier faced by potential candidates who otherwise would need to finance
a City-wide campaign. A change to district-based voting could result in a more diverse
City Council that better reflects the changing demographics of the City.
The City Charter authorizes the City Council to request an advisory referendum
initiated by a resolution to the circuit court. Historical data show that the highest level of
voter turnout occurs during presidential elections, when both houses of Congress are also
on the ballot. Higher turnout would provide City Council with a more reliable indicator of
the will of Virginia Beach citizens than if the referendum were held in a year without such
an election. Accordingly, the resolution requests that an advisory referendum election be
held on November 3, 2020.
• Public Information: Public information will be provided through the normal
Council agenda process.
• Attachments: Resolution and Ordinance ("Exhibit A").
Requested by Councilmember Abbott
REQUESTED BY COUNCILMEMBER ABBOTT
1 A RESOLUTION REQUESTING THE CIRCUIT COURT TO
2 ORDER THAT A REFERENDUM ELECTION BE HELD ON
3 NOVEMBER 3, 2020 ON THE QUESTION OF WHETHER
4 THE MEMBERS OF CITY COUNCIL WHO REPRESENT
5 EACH OF THE CITY'S SEVEN RESIDENCE DISTRICTS
6 SHOULD BE ELECTED ON A DISTRICT-BASIS RATHER
7 THAN AN AT-LARGE BASIS
8
9 WHEREAS, in 1966, the General Assembly adopted an Act of Assembly that
10 amended the City Charter to provide that the City Council "shall consist of eleven
11 members, one to be elected by the city at large from among the residents of the seven
12 boroughs and four to be elected by and from the city at large;" and
13
14 WHEREAS, subsequent charter revisions substituted the term "districts" for
15 "boroughs" and provided that the mayor shall be directly elected by the voters, but no
16 change has been made to the requirement that all councilmembers be elected on an at-
17 large basis; and
18
19 WHEREAS, in 1994, a referendum election was held in which a majority of voters
20 supported a charter change to require that the seven districts be of roughly equal
21 population and that district members be elected on a district basis rather than by all of the
22 City's voters; and
23
24 WHEREAS, in 1995, the General Assembly amended the City Charter to provide
25 for roughly equal residence districts, but instead of providing for district voting, the charter
26 amendment required a new referendum election on the sole question of whether district
27 members should be elected only by district residents; and
28
29 WHEREAS, in 1996, the new referendum election was held, and a majority of
30 persons voting opposed the proposed change to have district members elected only by
31 district residents; and
32
33 WHEREAS, district-based voting systems could enhance councilmembers'
34 accountability to district residents, would better ensure that district members represent
35 the interest of their district constituents, and could also reduce campaign costs which
36 would lessen a barrier faced by potential candidates who otherwise would need to finance
37 a City-wide campaign; and
38
39 WHEREAS, a change to district-based voting could result in a more diverse City
40 Council that better reflects the changing demographics of the City; and
41
42 WHEREAS, City Charter § 3.05(f) authorizes City Council "No provide for the
43 submission of any proposed ordinance to the qualified voters of the city at an advisory
44 referendum to be initiated by a resolution to the circuit court of the city and held . . . in the
45 manner provided for by law for general elections"; and
46
47 WHEREAS, City Council is of the opinion that a referendum election should be
48 held on this issue during the November 3, 2020 general election because historical data
49 show that the highest level of voter turnout occurs during presidential elections, where
50 both houses of Congress are also on the ballot, and the anticipated higher turnout for
51 such an election would provide City Council with a more reliable indicator of the will of
52 Virginia Beach citizens than if the referendum were held in a year without such an
53 election.
54
55 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
56 OF VIRGINIA BEACH, VIRGINIA:
57
58 1. That, pursuant to § 3.05(f) of the Charter of the City of Virginia Beach, the
59 Circuit Court of the City of Virginia Beach is hereby requested to order an election to be
60 conducted in accordance with Code of Virginia §§ 24.2-682 and 24.2-684 and held on
61 November 3, 2020 to take the sense of the qualified voters of the City on the question of
62 whether the City Council should adopt an ordinance requesting a change to the City
63 Charter that would provide for the election of councilmembers who represent each of the
64 City's seven residence districts only by voters who reside in the respective residence
65 districts, as opposed to the current system of at-large voting.
66
67 2. That the question to appear on the ballot shall read as follows:
68
69 Should the City Council adopt an ordinance requesting a change to
70 the City Charter that would provide for the election of councilmembers
71 who represent each of the City's seven residence districts only by
72 voters who reside in the respective residence districts, as opposed to
73 the current system of aOarese voting?\ e\--""
74
75 Yes No
76
77 3. That, if a majority of voters voting at the election approve the question set
78 forth above, any ordinance that may be adopted by the City Council shall be substantially
79 similar to the proposed ordinance attached hereto as "Exhibit A;"
80
81 4. That a copy of the proposed ordinance shall be made available for
82 inspection at the City Clerk's Office, on the City's website, and all public libraries and
83 recreation centers within ten days of the passage of this resolution. Furthermore, the City
84 Clerk shall fax or email a copy of the proposed ordinance to any citizen upon request;
85 and
2
86
87 5. That the City Attorney is hereby directed to file a certified copy of this
88 resolution, along with an appropriate petition and order, with the Circuit Court of the City
89 of Virginia Beach for such an election to be held on November 3, 2020.
90
91 Adopted by the City Council of the City of Virginia Beach, Virginia, this day
92 of , 2019.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
CA14602 R-2 October 30, 2019
3
EXHIBIT A
1 AN ORDINANCE REQUESTING A CHANGE TO THE CITY
2 CHARTER THAT WOULD PROVIDE FOR THE ELECTION
3 OF COUNCILMEMBERS WHO REPRESENT EACH OF THE
4 CITY'S SEVEN RESIDENCE DISTRICTS ONLY BY
5 VOTERS WHO RESIDE IN THE RESPECTIVE RESIDENCE
6 DISTRICTS, AS OPPOSED TO THE CURRENT SYSTEM
7 OF AT-LARGE VOTING
8
9 WHEREAS, a majority of the qualified voters of the City of Virginia Beach who
10 voted at an advisory referendum held on November 3, 2020, expressed support for City
11 Council's adoption of an ordinance requesting a change to the City Charter that would
12 provide for the election of councilmembers who represent each of the City's seven
13 residence districts only by voters who reside in the respective residence districts.
14
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17
18 That City Council hereby requests that the General Assembly amend the City's
19 Charter to provide for the election of councilmembers who represent each of the City's
20 seven residence districts only by the voters who reside in the respective residence
21 districts.
22
23 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
24 , 2020.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CA14603
R-1
January 4, 2019
46
ADD ON
CITY COUNCIL DISCUSSION
SHORT TERM RENTALS
ITEM#70498
4:49 P.M.
Council Member Henley opened the discussion and advised she was sick when she was informed about the
short term rental in Sandbridge incident where the deck, attached to the home, collapsed over the weekend
resulting in four (4)people being injured. Council Member Henley expressed concerns that short term
rental regulations have been discussed over the past five (5) years and is not a new subject. Council
Member Henley advised people are building single family homes for the purpose of making them a short
term rental investment to circumvent construction requirements for transient rental facilities resulting in a
lack of health and safety requirements and inspections. Council Member Henley advised potential renters
need to be made aware of the risks of renting these places because they do not have the necessary health
and safety requirements and inspections in place and is the reason she will not support any Short Term
Rental Conditional Use Permits.
Council Member Moss requested to know if there is a requirement for rental homes to have decks inspected
every two (2)years and believes that is an established requirement.
Tom Leahy,Acting City Manager, advised he will find out and provide an answer.
Mayor Dyer closed the discussion.
July 14, 2020
47
CITY COUNCIL COMMENTS
ITEM#70499
4:55 P.M.
Council Member Henley advised Daniel McLaughlin from Virginia Tech's Department of Forest Resources
and Environmental Conservation, will provide a virtual presentation concerning his work on the
conservation of the urban forest to reduce flooding on June 23,2020,at 5:15 P.M Council Member Henley
advised the first thirty-five (35) to register will have seats available in Building 19 to listen and ask
questions. Council Member Henley advised participants will need to wear a face mask and maintain social
distancing requirements. The IT Department will record the presentation and air it at a later date on
channel 48. Council Member Henley asked if anyone is interested in attending to let her know.
July 14, 2020
48
AGENDA REVIEW SESSION
ITEM#70500
5:00 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
J. ORDINANCES
1. Ordinance to ACCEPT and APPROPRIATE $30,000 from Cities of Financial Empowerment
Fund, Inc. to FY2020-21 Parks and Recreation Operating Budget re virtual financial
empowerment classes
2. Ordinances to APPROPRIATE:
a. $638,952 to FY2020-21 Clerk of Circuit Court Operating Budget re
technology related expenses
b. $2-Million to FY2020-21 Human Services Operating Budget re taxpayer relief
programs
July 14, 2020
49
AGENDA REVIEW SESSION
ITEM#70500
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
J. PLANNING
1. TIMOTHYHANDLONfor a Conditional Use Permit re short term rental at 4504 Ocean View
Avenue (GPIN 24195878878006)DISTRICT 4—BAYSIDE
2. CAYMUS PROPERTIES,INC.for Conditional Use Permits re short term rentals at:
a. 5870 Northampton Boulevard
b. 5872 Northampton Boulevard
DISTRICT 4—BAYSIDE
3. LEONARD LYON for Conditional Use Permits re short term rentals at:
a. 8709 Atlantic Avenue
b. 116 88th Street
DISTRICT 5—LYNNHAVEN
4. MERRY WHITE for a Conditional Use Permit re short term rental at 8006 Atlantic Avenue(GPIN
24195878878006)DISTRICT S—LYNNHAVEN
5. 3300 ARCTIC AVENUE, LLC for a Conditional Use Permit re short term rental at 3300 Arctic
Avenue (GPIN 2418925735)DISTRICT 6—BEACH
6. HARSHIT DUA for a Conditional Use Permit re short term rental at 716 16th Street, Unit A
(GPIN 24179620020001)DISTRICT 6—BEACH
7. POOCHIE,LLC for Conditional Use Permits re short term rentals at 208 27th Street:
a. Unit 201
b. Unit 202
c. Unit 203
d. Unit 204
DISTRICT 6—BEACH
8. VB VIBE LLC for a Conditional Use Permit re short term rental at 1728 Baltic Avenue (GPIN
24270730526800)DISTRICT 6—BEACH
9. 21ST DEVELOPMENT,LLC for Conditional Use Permits re short term rentals at:
a. 417 21 st Street
b. 417 21 % Street
c. 419 21 st Street
d. 419 21 %Street
DISTRICT 6—BEACH
July 14, 2020
50
AGENDA REVIEW SESSION
ITEM#70500
(Continued)
10. OCEAN RENTAL PROPERTIES,LLCfor a Conditional Use Permits re short term rentals at:
a. 607 20th Street
b. 61120`h Street
c. 609 20th Street
DISTRICT 6—BEACH
J.PLANNING:
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#2a/b WILL BE CONSIDERED SEPARATELY
ITEM#3a/b WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#7a/b/c/d
COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ALL PLANNING ITEMS
COUNCIL MEMBER JONES WILL VOTE VERBAL NAY ON ALL PLANNING ITEMS
COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ALL PLANNING ITEMS
July 14, 2020
51
ITEM#70501
Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
• Rose Hall District
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
July 14, 2020
52
ITEM#70501
(Continued)
Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council voted to proceed
into CLOSED SESSION at 5:00 P.M.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, 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 Absent:
Louis R. Jones
Closed Session 5:00 P.M. —5:59 P.M.
July 14, 2020
53
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
JULY14,2020
6:00 P.M.
Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the
City Council Chamber, City Hall, on Tuesday,July 14, 2020, at 6:00 P.M.
Council Members Present:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
INVOCATION: Council Member Wooten
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 ofInterests 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.
July 14, 2020
54
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.
July 14, 2020
55
ITEM—VLE
CERTIFICATION
ITEM#70502
Upon motion by Council Member Moss, seconded by Vice Mayor Wood, 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, Michael F. Berlucchi, 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:
None
*Council Member Moss filed a disclosure regarding Publicly Held Property in the Rose Hal District
July 14, 2020
BEActpit
City of Vir- inia. Beach
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VBgov.com
JOHN MOSS July 14, 2020 PHONE: (757) 363-7745
COUNCILMAN-AT-LARGE JDMOSS@VBGOV.COM
In Reply Refer to 0067605
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure of Abstention from Closed Session
Dear Mrs. Barnes:
Earlier this evening, the City Council met in closed session to discuss a matter involving
an entity in which I have a personal interest due to my employment with the United States Navy.
I abstained from participating in that briefing and discussion. If that discussion results in an agenda
item, then at time, I also will abstain from the Council's vote and discussion on that item and will
provide more specificity regarding the precise nature of this matter. For now, I am not revealing
the few additional details known to me,in deference to the purpose for which my colleagues voted
to certify the closed session. Please include this letter in the minutes for tonight's meeting.
Thank you for your assistance and cooperation in this matter.
Sincerely,
II )L-
John D. Moss
Councilmember
JDM/RRI
4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455
\is
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•., OUR NIil.00
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM#70501 Page 52 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.
Amand Barnes,MMC
City Clerk July 14, 2020
56
ITEM— VLF
MINUTES
ITEM#70503
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED the
MINUTES of the SPECIAL FORMAL SESSION of July 2,2020
Voting.• 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
July 14, 2020
57
ITEM— VLF
MINUTES
ITEM#70504
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSION of July 7,2020
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
July 14, 2020
58
ITEM— VLG.la
PUBLIC HEARINGS
ITEM#70505
Mayor Dyer DECLARED a PUBLIC HEARING:
LEASE OF CITY PROPERTY
Short-Term Parking Lease (24 spaces) at Lynnhaven Municipal Marina to
Chick's Marina Properties, LLC
The following registered to speak:
Joseph Desomeaux, 2204 Covered Bride Way, Phone: 343-2220, spoke in OPPOSITION
Alton Gardner, 2401 Sadler Court, Phone: 613-4266, spoke in OPPOSITION
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Jay Leach, 2116 Creeks Edge Drive, Phone: 724-4254, requested to find a compromise
Carl Eason, 300 Bendix Road, Phone: 497-6633, spoke in SUPPORT
Mike Gurley, 1700 Pecan Glove Road, Phone: 407-1982, spoke in OPPOSITION
John Ludford, 2405 Twin Lake Road, Phone: 663-6970, spoke in OPPOSITION
Beverly Ludford, 4425 Delmar Drive, Phone: 778-3948, spoke in OPPOSITION
Daniel LeGrande, 4205 Bounty Road, did not respond
There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING
July 14, 2020
59
ITEM— VLG.lb
PUBLIC HEARINGS
ITEM#70506
Mayor Dyer DECLARED a PUBLIC HEARING:
LEASE OF CITY PROPERTY
2200 Parks Avenue to the Virginia Museum of Contemporary Art (MOCA)
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
July 14, 2020
60
ITEM— VLH
FORMAL SESSION AGENDA
ITEM#70507
Mayor Dyer read the Speaker Policy and advised for items where only one (1)speaker is registered, the
City Clerk will call the speaker and they will be given three (3) minutes on each item they registered to
speak.
The City Clerk called the following speaker:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION on Ordinances I: 1 and 2a/b and Planning Items
J: 4, 5, 6, 7a/b/c/d, 8, 9a/b/c/d and 10a/b/c
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED, BY
CONSENT,Agenda Items Ordinances I:1 and 2a/b Planning Items J: 4, 5, 6, 7a/b/c/d, 8, 9a/b/c/d and
10a/b/c
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
J. PLANNING:
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#2a/b WILL BE CONSIDERED SEPARATELY
ITEM#3a/b WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#7a/b/c/d
COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ALL PLANNING ITEMS
COUNCIL MEMBER JONES WILL VOTE VERBAL NAY ON ALL PLANNING ITEMS
COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ALL PLANNING ITEMS
July 14, 2020
61
ITEM— VI.I.1
ORDINANCES
ITEM#70508
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE$30,000 from Cities of Financial Empowerment
Fund, Inc. to FY2020-21 Parks and Recreation Operating Budget re virtual financial empowerment
classes
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
July 14, 2020
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 GRANT FUNDS TO THE FY 2020-21 OPERATING
3 BUDGET OF THE DEPARTMENT OF PARKS AND
4 RECREATION FOR SUMMER YOUTH
5 EMPLOYMENT FINANCIAL EMPOWERMENT
6 PROGRAMS
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA THAT:
10
11 $30,000 of grant funding from the Cities for Financial Empowerment Fund, Inc.,
12 is hereby accepted and appropriated, with estimated revenue increased accordingly, to
13 the FY 2020-21 Operating Budget of the Department of Parks and Recreation for
14 financial empowerment programs for participants of the Summer Youth Employment
15 Program.
Adopted by the Council of the City of Virginia Beach, Virginia on the 14 t h day
of July , 2020.
Requires the affirmative vote of a majority of the members of City Council.
APPROVED AS TO CONTENT- APPROVED AS TO LEGAL SUFFICIENCY
Budget and Management Services rty y=s
CA15107
R-1
July 1,2020
62
ITEM— VLL2a
ORDINANCES
ITEM#70509
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE:
a. $638,952 to FY2020-21 Clerk of Circuit Court Operating Budget re
technology related expenses
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
July 14, 2020
1 AN ORDINANCE TO APPROPRIATE $638,952 TO THE
2 CLERK OF THE CIRCUIT COURTS FY 2020-21
3 OPERATING BUDGET FOR TECHNOLOGY RELATED
4 EXPENSES
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 $638,952 is hereby appropriated from the fund balance of the Technology Trust
10 Fund to the FY 2020-21 Operating Budget of the Clerk of the Circuit Court to support
11 technological needs and upgrades.
Adopted by the Council of the City of Virginia Beach,Virginia on the 14 t h _day
of July 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
N,N 1r,cdj-A-'‘.
Midget and management Services City y's Office
CA15106
R-1
July 1,2020
63
ITEM— VLL.2b
ORDINANCES
ITEM#70510
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE:
b. $2-Million to FY2020-21 Human Services Operating Budget re taxpayer relief
programs
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
July 14, 2020
1 AN ORDINANCE TO APPROPRIATE $2 MILLION OF FUND
2 BALANCE IN THE GENERAL FUND TO THE FY 2020-21
3 OPERATING BUDGET FOR TAX RELIEF PROGRAMS
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT:
7
8 $2,000,000 of fund balance of the General Fund is hereby appropriated, with
9 revenues increased accordingly, to the FY 2020-21 Operating Budget of the Department
10 of Human Services for taxpayer relief programs.
Adopted by the Council of the City of Virginia Beach, Virginia on the 14 t h day of
July 2020.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY:
/r
Budget and Management Services y's Office
CA15108
R-1
July 1, 2020
64
ITEM— VI.J.1
PLANNING
ITEM#70511
The following registered to speak:
Timothy Handlon (Applicant), 4504 Ocean View Avenue,Phone:219-628-5118, did not respond
Sierra Alderman, (Property Manager), 4504 Ocean View Avenue, Phone: 719-213-8854, spoke in
SUPPORT
Barbara Messner,P.O. Box 514, spoke in OPPOSITION
After City Council discussion, Council Member Jones made a motion, seconded by Council Member Moss,
to DENY Application of TIMOTHYHANDLONfor a Conditional Use Permit re short term rental at 4504
Ocean View Avenue DISTRICT 4—BAYSIDE
Council Member Tower then made a SUBSTITUTE MOTION, seconded by Council Member Rouse, to
APPROVE,Application of TIMOTHY HANDLON for a Conditional Use Permit re short term rental at
4504 Ocean View Avenue DISTRICT 4—BAYSIDE
Voting: 5-6(MOTION FAILED DUE TO A NEGATIVE VOTE)
Council Members Voting Aye:
Jessica P. Abbott, Aaron R. Rouse, Guy K. Tower, Sabrina D. Wooten
and Mayor Dyer
Council Members Voting Nay:
Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D.
Moss,Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
July 14, 2020
65
ITEM— VI.J.1
PLANNING
ITEM#70511
(Continued)
Council Member Tower then made a SECOND SUBSTITUTE MOTION, seconded by Council Member
Rouse, to DEFER Application of TIMOTHY HANDLON for a Conditional Use Permit re short term
rental at 4504 Ocean View Avenue DISTRICT 4—BAYSIDE
Voting: 5-6(MOTION FAILED DUE TO A NEGATIVE VOTE)
Council Members Voting Aye:
Jessica P. Abbott, Aaron R. Rouse, Guy K. Tower, Sabrina D. Wooten
and Mayor Dyer
Council Members Voting Nay:
Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D.
Moss, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
July 14, 2020
66
ITEM— VLJ.1
PLANNING
ITEM#70511
(Continued)
Upon motion by Council Member Jones, seconded by Council Member Moss, City Council DENIED
Application of TIMOTHY HANDLON for a Conditional Use Permit re short term rental at 4504 Ocean
View Avenue DISTRICT 4—BAYSIDE
Voting: 8-3
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, John D. Moss, Rosemary Wilson,
and Vice Mayor James L. Wood
Council Members Voting Nay:
Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
None
July 14, 2020
67
ITEM— VI.J.2a/b
PLANNING
ITEM#70512
The following registered to speak:
Ranjeev Guliani(Applicant), 1805 Eden Way, Phone:971-2426, spoke in SUPPORT
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Upon motion by Council Member Jones, seconded by Council Member Henley, City Council DENIED
Application of CAYMUS PROPERTIES,INC.for a Conditional Use Permit re short term rental at 5870
and 5872 Northampton Boulevard DISTRICT 4—BAYSIDE
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
July 14, 2020
68
ITEM— VLJ.3a
PLANNING
ITEM#70513
The following registered to speak:
Billy Garrington, Attorney for Applicant, spoke in SUPPORT
Dr. Carol Ashman, 209 B 88`"Street, Phone: 547-6431, spoke in OPPOSITION
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ALLOWED
WITHDRAWAL,Application of LEONARD LYON for a Conditional Use Permit re short term rental at
8709 Atlantic Avenue DISTRICT 5—LYNNHAVEN
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
July 14, 2020
69
ITEM— VLJ.3b
PLANNING
ITEM#70514
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED,Application of LEONARD LYONfor a Conditional Use Permit re short term rental at
116 88th Street DISTRICT 5—LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
LEONARD LYON for a Conditional Use Permit re short term rental at
116 88`h Street(GPIN 2510513555)DISTRICT 5—LYNNHAVEN
The following condition shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 116 88`h Street
and the Short Term Rental use shall only occur in the principal structures.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council. No additional pavement for parking shall be
permitted on-site.
3. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall not the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
4. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three) on
the property where the Short Term Rental is located. This Short Term Rental may not
request or obtain a Special Event Permit under City Code Section 4-1 (8a).
5. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a' through `c' below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
July 14, 2020
70
ITEM— VLJ.3b
PLANNING
ITEM#70514
(Continued)
a. A completed Department of Planning and Community Development Short Term
Rental Zoning registration form;and
b. Copies of the Commissioner of Revenue's Office receipt of registration; and
c. Proof of liability insurance applicable to the rental activity of at least$1-Million.
7. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term Rental.
11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
12. The Short Term Rental shall have no more than two (2) rental contracts during any
consecutive seven (7) day period.
13. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three (3) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
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 14th day of July Two Thousand
Twenty.
July 14, 2020
71
ITEM— VLJ.3b
PLANNING
ITEM#70514
(Continued)
Voting: 9-2
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R.Jones,Aaron R. Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
John D. Moss
Council Members Absent:
None
July 14, 2020
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Zoning
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ni Building 0 510 20 30 40 50 60
72
ITEM— VLJ.4
PLANNING
ITEM#70515
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED,BY CONSENT,Application of MERRY WHITE for a Conditional Use Permit re short
term rental at 8006 Atlantic Avenue DISTRICT 5—LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MERRY WHITE for a Conditional Use Permit re short term rental at
8006 Atlantic Avenue (GPIN 24195878878006) DISTRICT 5 —
LYNNHAVEN
The following condition shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 8006 Atlantic
Avenue and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council. All parking spaces associated with the Short
Term Rental shall be of a permeable material such as decorative crushed gravel.
3. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
4. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three) on
the property where the Short Term Rental is located. This Short Term Rental may not
request or obtain a Special Event Permit under City Code Section 4-1 (8a).
5. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c' below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
July 14, 2020
73
ITEM— VLJ.4
PLANNING
ITEM#70515
(Continued)
a. A completed Department of Planning and Community Development Short Term
Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of registration; and
c. Proof ofliability insurance applicable to the rental activity of at least$1-Million.
7. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term Rental.
11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
12. The Short Term Rental shall have no more than two (2) rental contracts during any
consecutive seven (7) day period.
13. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three(3) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
July 14, 2020
74
ITEM— VI.J.4
PLANNING
ITEM#70515
(Continued)
This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 141h day of July Two Thousand
Twenty.
Voting: 8-3
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer,Aaron
R.Rouse, Guy K Tower,Rosemary Wilson, Vice Mayor James L. Wood
and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M.Henley,Louis R.Jones and John D.Moss
Council Members Absent:
None
July 14, 2020
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75
ITEM— VLJ.5
PLANNING
ITEM#70516
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of 3300 ARCTIC AVENUE, LLC for a Conditional Use
Permit re short term rental at 3300 Arctic Avenue DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
3300 ARCTIC AVENUE, LLC for a Conditional Use Permit re short
term rental at 3300 Arctic Avenue (GPIN 2418925735) DISTRICT 6 —
BEACH
The following condition shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 3300 Arctic
Avenue and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
4. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three) on
the property where the Short Term Rental is located. This Short Term Rental may not
request or obtain a Special Event Permit under City Code Section 4-1 (8a).
5. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through 'c' below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
July 14, 2020
76
ITEM— VLJ.5
PLANNING
ITEM#70516
(Continued)
a. A completed Department of Planning and Community Development Short Term
Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of registration; and
c. Proof of liability insurance applicable to the rental activity of at least $1-
Million.
7. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term Rental.
11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
12. The Short Term Rental shall have no more than two (2) rental contracts during any
consecutive seven (7) day period.
13. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three (3) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
17. Three new parking spaces shall be provided for the Short Term Rental as depicted on the
proposed site layout on page 6 of the report. Oyster shells over a gravel base may be used
for the new parking spaces for the Short Term Rental Use.
July 14, 2020
77
ITEM— VI.J.5
PLANNING
ITEM#70516
(Continued)
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 14th day of July Two Thousand
Twenty.
Voting: 8-3
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer,Aaron
R. Rouse, Guy K Tower,Rosemary Wilson, Vice Mayor James L. Wood
and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M.Henley,Louis R.Jones and John D. Moss
Council Members Absent:
None
July 14, 2020
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78
ITEM— VI.J.6
PLANNING
ITEM#70517
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED,BY CONSENT,Application of HARSHIT DUA for a Conditional Use Permit re short
term rental at 716 16th Street, Unit A DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4
HARSHIT DUA for a Conditional Use Permit re short term rental at 716
16th Street, Unit A (GPIN 24179620020001)DISTRICT 6—BEACH
The following condition shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 716 16th Street,
Unit A and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a
minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to
ensure vehicular accessibility to the Short Term Rental tenants.
4. This Conditional Use Permit shall expire five (5)years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notes the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing,zoning,fire or other similar codes.
5. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three) on
the property where the Short Term Rental is located. This Short Term Rental may not
request or obtain a Special Event Permit under City Code Section 4-1 (8a).
6. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
7. If, or when, the ownership of the property changes, it is the seller's responsibility to notes
the new property owner of requirements 'a'through 'c'below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six(6) months of the property real estate transaction
closing date.
July 14, 2020
79
ITEM— VLJ.6
PLANNING
ITEM#70517
(Continued)
a. A completed Department of Planning and Community Development Short Term
Rental Zoning registration form;and
b. Copies of the Commissioner of Revenue's Office receipt of registration; and
c. Proof of liability insurance applicable to the rental activity ofat least$1-Million.
8. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
9. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
10. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
11. Accessory structures shall not be used or occupied as Short Term Rental.
12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
13. The Short Term Rental shall have no more than two (2) rental contracts during any
consecutive seven (7) day period.
14. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three (3) individuals per bedroom.
17. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
July 14, 2020
80
ITEM— VLJ.6
PLANNING
ITEM#70517
(Continued)
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 14`h day of July Two Thousand
Twenty.
Voting: 8-3
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,Aaron
R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood
and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley, Louis R. Jones and John D. Moss
Council Members Absent:
None
July 14, 2020
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81
ITEM— VI.J.7a/b/c/d
PLANNING
ITEM#70518
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT,Application of POOCHIE,LLC for Conditional Use Permits re short
term rentals at 208 27th Street Units 201, 202, 203 and 204 DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
POOCHIE,LLCfor Conditional Use Permits re short term rentals at 208
27th Street Units 201, 202, 203 and 204 (GPIN 24280086750000)
DISTRICT 6—BEACH
The following condition shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 208 27th Street
Units: 201, 202, 203, 204 and the Short Term Rental use shall only occur in the principal
structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
4. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three) on
the property where the Short Term Rental is located. This Short Term Rental may not
request or obtain a Special Event Permit under City Code Section 4-1 (8a).
5. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through 'c' below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
July 14, 2020
82
ITEM— VLJ.7a/b/c/d
PLANNING
ITEM#70518
(Continued)
a. A completed Department of Planning and Community Development Short Term
Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of registration; and
c. Proof of liability insurance applicable to the rental activity of at least$1-Million.
7. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term Rental.
11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
12. The Short Term Rental shall have no more than two (2) rental contracts during any
consecutive seven (7) day period.
13. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three (3) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
July 14, 2020
83
ITEM— VI.J.7a/b/c/d
PLANNING
ITEM#70518
(Continued)
This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 14`"day of July Two Thousand
Twenty.
Voting: 8-3
Council Members Voting Aye:
Jessica P.Abbott,Michael F.Berlucchi,Mayor Robert M. Dyer,Aaron
R.Rouse, Guy K Tower,Rosemary Wilson, Vice Mayor James L. Wood
and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M.Henley,Louis R.Jones and John D.Moss
Council Members Absent:
None
July 14, 2020
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GUY K.TOWER CELL:(757)439-4801
COUNCIL MEMBER EMAIL:glower@vbgov.com
DISTRICT 6-BEACH
In Reply Refer to:00651192
July 14, 2020
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia,
I make the following declarations:
1. I am executing this written disclosure regarding the City Council's discussion and
vote on the application of Poochie, LLC for a conditional use permit (short term
rental) for property located at 208 27th Street, Units 201, 202, 203, and 204.
2. The applicant disclosed that Kaufman & Canoles is one of its legal services
providers.
3. I have a personal interest in Kaufman & Canoles, P.C. because I receive income
from the firm. Its Virginia Beach location is 2101 Parks Avenue, Suite 700,
Virginia Beach, VA 23451.
4. The City Attorney's Office has advised me that although I have a personal interest
in this transaction,because I do not personally provide services to the applicant,the
Act provides that I may participate in the Council's discussion and vote on this
ordinance, upon disclosure of this interest.
5. I hereby disclose the facts above and declare that I am able to participate in this
transaction fairly, objectively, and in the public interest.
211 43rd STREET.VIRGINIA REACH.VA 2:14c1
Mrs. Amanda Barnes -2- July 14, 2020
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I)
I respectfully request that you record this declaration in the official records of the City
Council. Thank you for your assistance in this matter.
Si rely,
•""',
te.....„,
k_.., i
Guy K. Tower
Councilmember
GKT/RRI
84
ITEM— VLJ.8
PLANNING
ITEM#70519
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of VB VIBE LLC for a Conditional Use Permit re short
term rental at 1728 Baltic Avenue DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
VB VIBE LLCfor a Conditional Use Permit re short term rental at 1728
Baltic Avenue (GPIN 24270730526800)DISTRICT 6—BEACH
The following condition shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 1728 Baltic
Avenue and the Short Term Rental use shall only occur in the principal structure.
2. The applicant/owner shall secure and maintain an additional leased parking space for the
duration of the Short Term Rental use. The applicant shall provide proof of lease prior to
the operation of the Short Term Rental use and at the renewal and/or expiration of each
lease term subject to the review and approval of the Zoning Administrator.
3. Off-Street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
4. 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.
5. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notify the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire or other similar codes.
6. No events with more than the permitted number of people 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).
7. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
July 14, 2020
85
ITEM— VLJ.8
PLANNING
ITEM#70519
(Continued)
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c' below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development Short Term
Rental Zoning registration form;and
b. Copies of the Commissioner of Revenue's Office receipt of registration; and
c. Proof of liability insurance applicable to the rental activity of at least$1-Million.
9. 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.
10. 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.
11. 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.
12. Accessory structures shall not be used or occupied as Short Term Rental.
13. 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.
14. The Short Term Rental shall have no more than two (2) rental contracts during any
consecutive seven (7) day period.
15. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three(3) individuals per bedroom.
18. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
July 14, 2020
86
ITEM— VI.J.8
PLANNING
ITEM#70519
(Continued)
This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 14`'`day of July Two Thousand
Twenty.
Voting: 8-3
Council Members Voting Aye:
Jessica P.Abbott,Michael F.Berlucchi,Mayor Robert M.Dyer,Aaron
R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood
and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M.Henley,Louis R.Jones and John D.Moss
Council Members Absent:
None
July 14, 2020
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87
ITEM— VL.L9a/b/c/d
PLANNING
ITEM#70520
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of 2157 DEVELOPMENT, LLC for Conditional Use
Permits re short term rentals at 419 21 S`, 419 21 st 1/2, 417 21 S`, and 417 21 S`'/z Street,DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
21sT DEVELOPMENT, LLC for Conditional Use Permit re short term
rental at 419 21S`, 419 21st 1/2, 417 21S`, and 417 21S` %z Street (GPIN
2427083355)DISTRICT 6—BEACH
The following condition shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 419 21S`, 419
21S` 1/, 417 2151, and 417 2151 % Street, Virginia Beach, VA 23451 and the Short Term
Rental use shall only occur in the principal structure.
2. Off- street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. The garage space with the unit must remain a minimum of 9-feet by 18-feet, contain a
minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to
ensure vehicular accessible for the Short Term Rental tenants.
4. While the Conditional Use Permit is active,four(4) off-site parking spaces, at a location
subject to approval by the Zoning Administrator, shall be available for use by the Short
Term Rentals occupants at all times.
5. While this Conditional Use Permit is active,parking passes issued for the subject dwelling
unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2)
residential passes only. Guest permits and temporary permits through the RPPP shall not
be permitted.
6. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notes the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
7. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three) on
the property where the Short Term Rental is located. This Short Term Rental may not
request or obtain a Special Event Permit under City Code Section 4-1 (8a).
July 14, 2020
88
ITEM— VLJ.9a/b/c/d
PLANNING
ITEM#70520
(Continued)
8. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through 'c' below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development Short Term
Rental Zoning registration form;and
b. Copies of the Commissioner of Revenue's Office receipt of registration; and
c. Proof of liability insurance applicable to the rental activity of at least$1-Million.
10. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
11. 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.
12. 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.
13. Accessory structures shall not be used or occupied as Short Term Rental.
14. 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.
15. The Short Term Rental shall have no more than two (2) rental contracts during any
consecutive seven (7) day period.
16. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
July 14, 2020
89
ITEM— VLJ.9a/b/c/d
PLANNING
ITEM#70520
(Continued)
18. 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.
19. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 14th day of July Two Thousand
Twenty.
Voting: 8-3
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Aaron
R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood
and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley, Louis R. Jones and John D. Moss
Council Members Absent:
None
July 14, 2020
On 001, 09 09 6uiging
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90
ITEM— VI.J.10a
PLANNING
ITEM#70521
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of OCEAN RENTAL PROPERTIES, LLC for a
Conditional Use Permit re short term rental at 607 20th Street DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4
OCEAN RENTAL PROPERTIES,LLC for a Conditional Use Permit re
short term rental at 607 20t Street(GPIN 24179737950000)DISTRICT
6—BEACH
The following condition shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 607 20`h Street
and the Short Term Rental use shall only occur in the principal structure.
2. Off-Street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. While this Conditional Use Permit is active,parking passes issued for the subject dwelling
unit through the Residential Parking Permit Program (RPPP)shall be limited to two (2)
residential passes only. Guest permits and temporary permits through the RPPP shall not
be permitted.
4. This Conditional Use Permit shall expire five (5)years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notes the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing,zoning,fire or other similar codes.
5. No events associated with the Short Term Rental shall be permitted with more than allowed
number of people who may stay overnight (number of bedrooms times three) on the
property where the Short Term Rental is located. This Short Term Rental may not request
or obtain a Special Event Permit under City Code Section 4-1 (8a).
6. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
July 14, 2020
91
ITEM— VI.J.10a
PLANNING
ITEM#70521
(Continued)
7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c' below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development Short Term
Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of registration; and
c. Proof of liability insurance applicable to the rental activity of at least$1-Million.
8. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's office and pay all applicable taxes.
9. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
10. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
11. Accessory structures shall not be used or occupied as Short Term Rental.
12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
13. The Short Term Rental shall have no more than two (2) rental contracts during any
consecutive seven (7)day period.
14. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
15. There shall be no outdoor amplified sound after 10::00 p.m. or before 10:00 a.m.
16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three(3) individuals per bedroom.
17. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
July 14, 2020
92
ITEM— VLJ.10a
PLANNING
ITEM#70521
(Continued)
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 14`h day of July Two Thousand
Twenty.
Voting: 8-3
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Aaron
R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood
and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley, Louis R. Jones and John D. Moss
Council Members Absent:
None
July 14, 2020
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/i site Ocean Rental Properties. LLC
Property_Polygons 607 20th Street
QZoning
Parking Lot Drive Aisle
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,x. Building C 1C2C 4C €C 8C 10C 12C
93
ITEM— VI.J.10b
PLANNING
ITEM#70522
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of OCEAN RENTAL PROPERTIES, LLC for a
Conditional Use Permit re short term rental at 609 20`"Street DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
OCEAN RENTAL PROPERTIES,LLC for a Conditional Use Permit re
short term rental at 609 20`" Street(GPIN 24179737340000) DISTRICT
6—BEACH
The following condition shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 609 20`"Street
and the Short Term Rental use shall only occur in the principal structure.
2. Off-Street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. While this Conditional Use Permit is active,parking passes issued for the subject dwelling
unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2)
residential passes only. Guest permits and temporary permits through the RPPP shall not
be permitted.
4. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
5. No events associated with the Short Term Rental shall be permitted with more than allowed
number of people who may stay overnight (number of bedrooms times three) on the
property where the Short Term Rental is located. This Short Term Rental may not request
or obtain a Special Event Permit under City Code Section 4-1 (8a).
6. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
July 14, 2020
94
ITEM— VLJ.10b
PLANNING
ITEM#70522
(Continued)
7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a' through `c' below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development Short Term
Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of registration; and
c. Proof of liability insurance applicable to the rental activity of at least$1-Million.
8. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's office and pay all applicable taxes.
9. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
10. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
11. Accessory structures shall not be used or occupied as Short Term Rental.
12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
13. The Short Term Rental shall have no more than two (2) rental contracts during any
consecutive seven (7) day period.
14. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
15. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m.
16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three (3) individuals per bedroom.
17. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
July 14, 2020
95
ITEM— VLJ.lOb
PLANNING
ITEM#70522
(Continued)
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 14`h day of July Two Thousand
Twenty.
Voting: 8-3
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Aaron
R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood
and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley, Louis R. Jones and John D. Moss
Council Members Absent:
None
July 14, 2020
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'//� Site Ocean Rental Properties, LAC '
Property Polygon s 609 20th Street
QZoning
1 Parking Lot Drive Aisle Feet
Building 01020 40 60 80 1CC 12C
96
ITEM— VLJ.10c
PLANNING
ITEM#70523
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of OCEAN RENTAL PROPERTIES, LLC for a
Conditional Use Permit re short term rental at 611 20th Street DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
OCEAN RENTAL PROPERTIES,LLC for a Conditional Use Permit re
short term rental at 611 20th Street (GPIN 24179727720000) DISTRICT
6—BEACH
The following condition shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 611 20th Street
and the Short Term Rental use shall only occur in the principal structure.
2. Off-Street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. While this Conditional Use Permit is active,parking passes issued for the subject dwelling
unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2)
residential passes only. Guest permits and temporary permits through the RPPP shall not
be permitted.
4. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
5. No events associated with the Short Term Rental shall be permitted with more than allowed
number of people who may stay overnight (number of bedrooms times three) on the
property where the Short Term Rental is located. This Short Term Rental may not request
or obtain a Special Event Permit under City Code Section 4-1 (8a).
6. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
July 14, 2020
97
ITEM— VLJ.10c
PLANNING
ITEM#70523
(Continued)
7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c' below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six(6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development Short Term
Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of registration; and
c. Proof of liability insurance applicable to the rental activity of at least$1-Million.
8. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's office and pay all applicable taxes.
9. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
10. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
11. Accessory structures shall not be used or occupied as Short Term Rental.
12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
13. The Short Term Rental shall have no more than two (2) rental contracts during any
consecutive seven (7) day period.
14. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three (3) individuals per bedroom.
17. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
July 14, 2020
98
ITEM— VLJ.10c
PLANNING
ITEM#70523
(Continued)
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 14`''day of July Two Thousand
Twenty.
Voting: 8-3
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Aaron
R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood
and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley, Louis R. Jones and John D. Moss
Council Members Absent:
None
July 14, 2020
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7 . site Ocean Rental Properties, LLC
N. i i
Property Polygons 611 20th Street
Q Zoning
Parking Lot Drive Aide Feet
Building 01020 40 60 80 100 120
99
ITEM— VLK
APPOINTMENTS
ITEM#70524
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
2040 VISION TO ACTION COMMUNITY COALITION
ADVERTISING ADVISORY COMMITTEE
BAYFRONT ADVISORY COMMISSION
BOARD OF BUILDING CODE APPEALS
BOARD OF ZONING APPEALS
CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM
CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS
CLEAN COMMUNITY COMMISSION
COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE
COMMUNITY SERVICES BOARD
HEALTH SERVICES ADVISORY BOARD
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
OLD BEACH DESIGN REVIEW COMMITTEE
OPEN SPACE ADVISORY COMMITTEE
PARKS AND RECREATION COMMISSION
PROCESS IMPROVEMENT STEERING COMMITTEE
PUBLIC LIBRARY BOARD
RESORT ADVISORY COMMISSION
SOCIAL SERVICES BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
July 14, 2020
100
ITEM— VLK
APPOINTMENTS
ITEM#70525
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
DOUG MCLIVERTY
No Term
CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
July 14, 2020
101
ITEM— VLK
APPOINTMENTS
ITEM#70526
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
ELLEN ELLIS
DR.DEMETRIA LINDSAY
ANDREW NISSMAN
VIRGINIA ROUNTREE
Three year term 9/1/2020—8/31/2023
COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
July 14, 2020
102
ITEM— VLK
APPOINTMENTS
ITEM#70527
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
MICHAEL STANDING
Four year term 9/1/2020—8/31/2024
DEVELOPMENT AUTHORITY
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
July 14, 2020
103
ITEM— VLK
APPOINTMENTS
ITEM#70528
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
SHARON FELTON
Three year term 9/1/2020—8/31/2023
PARKS AND RECREATION COMMISSION
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
July 14, 2020
104
ITEM— VLK
APPOINTMENTS
ITEM#70529
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
ROBERT HOFHEIMER
ROBERT KREBS
Four year term 9/1/2020—8/31/2024
PUBLIC LIBRARY BOARD
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
July 14, 2020
105
ADJOURNMENT
ITEM#70530
Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 8:21 P.M.
Tern . C" elius
Chief Deputy City Clerk
Ama Barnes, MMC Robert M. Dyer
City Clerk Mayor
July 14, 2020