HomeMy WebLinkAboutJULY 28, 2020 SPECIAL SESSION MINUTES )r� : s
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
July 28, 2020
Mayor Dyer called to order the SPECIAL FORMAL SESSION in the City Council Chamber, City Hall,
on Tuesday, July 28, 2020, at 2:30 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,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Guy K. Tower—Participated remotely from his home due to a medical
condition that prevented his physical attendance
Council Members Absent:
None
2
CALL TO ORDER
ITEM#70568
Mayor Dyer read the Mayor's Call for the SPECIAL MEETING:
July 23, 2020
"HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as
Mayor of the City of Virginia Beach, I hereby call for a SPECIAL MEETING of the VIRGINIA
BEACH CITY COUNCIL
Tuesday,July 28, 2020
6:00 P.M.
City Council Chamber
Building 1, City Hall, 2"d Floor
2401 Courthouse Drive
The purpose of this SPECIAL FORMAL SESSION is for the City Council to consider the items listed
on the published Agenda.I also hereby call for a WORKSHOP AND INFORMAL SESSION of the
City Council, beginning at 2:30, at the same location, which will consist of briefings, discussions, a
closed session, and the other items as detailed in the Agenda.
Citizens may comment either in person or virtually. If you would like to speak in person,please call
the City Clerk's office at 757-385-4303 to sign up. Be advised that there is limited seating available
in the City Council Chamber to ensure social distancing, as recommended by the CDC.
If you wish to make comments virtually on the public hearing, please follow the two-step process
provided below:
•Register for the WebEx at:
https://vbgov.webex.com/vbgov/onstage/g.php?MTID=ef8085fbd57e5012061fb0cd 02304f4f9
•Register with the City Clerk's Office by calling(757) 385-4303 or via email at ABarnesAvbgov.com
prior to 5:00 p.m. on July 23, 2020
This Special Session will be streamed live on www.vbgov.com and Facebook Live, and will be
recorded for rebroadcast on Cable TV. Citizens are encouraged to submit their comments to the City
Council prior to the Special Session via email at CityCouncil@vbgov.com.
Sincerely,
Robert M.Dyer
Mayor
Cc: City Manager
City Attorney
City Clerk
Deputy City Managers
FOIA Officer
Communications Office
July 28, 2020
3
CITY COUNCIL DISCUSSION
WEBEX VIRTUAL MEETING WITH MEMBERS
OF THE GENERAL ASSEMBLY DELEGATION
ITEM#70569
2:32 P.M.
Mayor Dyer opened the discussion and welcomed Senator William R. "Bill"DeSteph, and Delegates Alex
Askew, Glenn Davis, Kelly Convirs-Fowler and C. E. "Cliff'Hayes who participated virtually. Mayor
Dyer asked if the Delegates would like to begin by providing information on the upcoming Session
scheduled in August.
Senator DeSteph advised he is working with Mayors across the state to reestablish good order and
discipline among the public. The message from Black Mayor's Conference yesterday is that it is, "not time
to defund the police but to re-fund"the police and hire more officers to help bring back civility. Senator
DeSteph advised many of the Confederate Statues have been removed but the protests and rioting have
increased so it does not appear to have any correlation. Senator DeSteph believes it is important to work
closely with Mayors to reopen the state and establish good order and discipline.
Delegate Convirs-Fowler advised the top priority is public safety and COVID-19 and requested to know
what the Delegation can provide for City Council to assist the public and stakeholders.
Council Member Moss advised he would like the lessons learned from the pandemic to be reviewed by the
General Assembly next fall to establish checks and balances. Council Member Moss does not agree with
the unilateral action of the Governor to govern by decree for as long as it has been without some formalized
consultation with the General Assembly.
Senator DeSteph advised he is assigned to a Senate working group that has a proposed Bill to limit the
Governor's emergency powers to not exceed fourteen (14) days and the emergency powers will not trump
the Constitution of Virginia. Senator DeSteph advised many of the Governor's actions have been
unconstitutional; there has never been an emergency declaration last this long and the General Assembly
should have been called together after thirty(30)days to resolve the budget and related issues.
Council Member Rouse advised it is not appropriate to litigate the powers of the Governor in this setting
and should focus on the City.
Delegate Convirs-Fowler asked for input and guidance on the Legislative Package and what is needed to
keep the public safe.
Mayor Dyer advised the purpose of today's discussion is to open the lines of communication and better
articulate what is needed going forward for 2021.
Council Member Wilson advised her understanding is that there will be approximately $600-Million
allocated for the CARES Act and requested to know much will go to the City and if there are any
restrictions? Council Member Wilson further requested information on how much money will be reinstated
into the budget.
Delegate Convirs-Fowler advised information will be provided as soon as possible.
July 28, 2020
4
CITY COUNCIL DISCUSSION
WEBEX VIRTUAL MEETING WITH MEMBERS
OF THE GENERAL ASSEMBLY DELEGATION
ITEM#70569
(Continued)
Delegate Hayes advised the shortfall of$1.3-Billion has been re forecasted and reduced to $296-Million,
and though it is not good, the state is in a better posture than originally projected.
Council Member Henley requested what actions City Council can take to help control the spread of COVID-
19?
Delegate Convirs-Fowler encouraged City Council to set the example and show citizens they are doing
their part.
Delegate Askew advised to share the Governor's new restrictions implemented today.
Council Member Wooten advised there has been an 8% reduction in teacher's salaries since 2014 and
would like to address the shortfall as they are working very hard and are on the front lines right now.
Delegate Askew has been working on this and teachers are eligible for a 2%raise.
Council Member Rouse asked if there is a focus on flooding mitigation.
Delegate Convirs-Fowler advised there has not been a lot discussion on flood mitigation and how it relates
to housing, COVID-19 and the budget; however, the Joint Sub-Committee on Coastal Flooding will be
taking up these topics and renewing the push for funding at the local level.
Senator DeSteph advised Coastal Flooding is not part of the Agenda and does not believe it will be
discussed at the Special Session; however, state and federal funds will continued to be leveraged, as they
have been for the past seven(7)years. Senator DeSteph addressed teacher salaries, advising two(2)years
ago,a 5%increase was approved,and the City determined to give a 3%raise one year and 2%the following
year. This Special Session includes issues concerning special needs children and how to best provide
instruction to them.
Mr. Matthias advised the City has led the response to COVID-19 with the creation of the Ambassador
Program and other leadership efforts; however, not all people followed the safety guidelines resulting in
an increase of cases. The Governor responded by implementing the following restrictions:no alcohol sales
after 10:00 P.M, restaurants will close at midnight, indoor dining limited to 50%capacity and a limitation
of private/public gatherings of no more than fifty (50)people. The restrictions will go into effect at 12:01
A.M. on July 31S`
Mr. Matthias further advised the state has two "rainy day"funds with approximately$2.5-Billion in one
and$500-Million in the other to fund shortfalls resulting from COVID-19. Mr.Matthias advised the City's
internet and retail sales are doing good and the hotels are at approximately 75%occupancy. Department
Directors have completed making submissions for the Legislative Package and there are not many items
that will carry over from last year's Package.
July 28, 2020
5
CITY COUNCIL DISCUSSION
WEBEX VIRTUAL MEETING WITH MEMBERS
OF THE GENERAL ASSEMBLY DELEGATION
ITEM#70569
(Continued)
Council Member Henley advised during the budget process,funding for the renovation of Building 2 was
put on hold until it was determined how much the state would participate and requested to know if a
determination has been made.
Mr.Matthias advised he expects the Mayor to send a letter requesting funding to be restored.
Council Member Moss suggested sending a Resolution from City Council rather than a letter to show the
City Council's unity.
Mayor Dyer expressed his appreciation to the Delegation and City Council for the discussion.
July 28, 2020
6
CITY MANAGER'S BRIEFINGS
INTERIM FINANCIAL STATEMENT
ITEM#70570
3:16 P.M.
Mayor Dyer welcomed Alice Kelly, Director — Finance. Ms. Kelly expressed her appreciation to City
Council for their continued support:
FY2o2o Interim Financial Statements
IliE'irynro'e dc.!,n
General Fund—12 months overview
>a�fl
June 3o, 2020 as of July 20, 2020
Alice Kelly,Director of Finance
July 28,2020
Here is the FY 2020 General Fund Revenues and Expenditures:
FY 2020 General Fund Revenues and Expenditures
Budget YTD Variance
Revenues
Local $ 1,015.6 $ 958.6 $ (57.0)
State(includes PPTRA) 161.2 162.1 0.9
Federal 22.6 23.7 1.1
Total Revenues $1,199.4 $1,144.4 $ (55.0)
95.4%
Expenditures
City Operations $ 725.2 $ 660.1 $ 65.0
City Capital Projects-Cash Funding 64.9 64.9 -
Trsf to Schools 470.6 470.6 -
Trsf to School Reserve Fund 5.8 5.8 -
Total Expenditures $1,266.4 $1,201.4 $ 65.0
94.9%
Amounts appropriated from Fund Balance $ (67.0)
(encumbrances,approved carryforwards and others)
July 28, 2020
7
CITY MANAGER'S BRIEFINGS
INTERIM FINANCIAL STATEMENT
ITEM#70570
(Continued)
FY 2020 General Fund Revenues
Note:Delayed penalties may impact timing of receipt of revenue and thus may skew monthly collection amounts
Revenues that exceeded budget:
- Business Licenses-$.8 million
- Sales Tax-$1.1 million
- Use of Money-$2 million(projected)
Revenues that are under budget:
- Restaurant Meal Tax-$2.8 million
- Hotel Tax-$1 million
- Charges for Services-$3.8 million
Revenues yet to be finalized:
- Real Estate Tax(pending 45 day accrual)
- Personal Property Tax(pending 45 day accrual)
Here is the FY 2020 General Fund Revenue—June 30, 2020:
FY2020 General Fund Revenue
June 30,2020
($amounts in millions)
BUDGETED REVENUES YTD=S1,199.4M
ACTUAL REVENUES YTD=$1,097.6M Federal Unrealized
Commonwealth Government $101.8 8.5%
$115.2 9.6% $23.7 2.0%
Transfers$31.5
2.6%
Other Revenues
$87.4 7.3%
Other Taxes
$208.7 17.4% ..„e Real Estate Taxes
-➢Y $540.1 45.0%
Personal Property Taxes
$90.9 7.6%
July 28, 2020
8
CITY MANAGER'S BRIEFINGS
INTERIM FINANCIAL STATEMENT
ITEM#70570
(Continued)
The next several slides provide the amount of revenue received;percentages are based on the forecasted
amounts:
Real Estate Revenues—GF Portion Only
June 30,2015—June 30,2020
100.1% 99.7% 100.4% 100.3% 100.3%
$523.6 $539.8 $558.7
$468.0 $521.9 $540.1
$4432 $466.4,, $480.0$482 0 $537.9
$400 $443.1 ! 80%
e
= m
3 $300 60% 46
Y N o
C
6 $200 40%
$100 20%
$0 0%
FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020
...Budget .rYTD -..%of Budget
Personal Property Taxes(excludes PPTRA)
June 30,2015—June 30,2020
1085% 106.8% 107.0% 105.5% 99.796 82.6%
10or
$103 $110.1
8100.1 $108.1
$106.0
$90.9 $89.8 $95.9 $93.6 $102.5 $106.3 80%
$90.9 3
o $83.7
f . 60% it
N
i
pE
c
4C%
K
$0 0%
FY 2015 FY 2016 gaud etY2017 r.no FY 2018�%of BudBe t2019 FY 2020
8
July 28, 2020
9
CITY MANAGER'S BRIEFINGS
INTERIM FINANCIAL STATEMENT
ITEM#70570
(Continued)
General Sales Tax is slightly higher than forecasted:
General Sales Tax State 5%
June 30,2020-June 30,2020
$60.0 $59.8$61.1 $63.2
$62.6 $63.5 $66.6$65.9 $66.7 $67.9
$65.1
$60
$58.2
$50
_..�u-.--Y:.... _._.�_,.. ..._..,. 100%
102.2% 99,1% 98.8% 101.7%
$40 96.9% 97.5%
� A
f
50%
$10
$0 0%
FY2015 FY2016 FY2017 FY2018 FY2019 FY2020
...Budget %of Budget
Total Restaurant Meal Taxes are down $4-Million from the previous year:
Total Restaurant Meal Taxes
June 30,2020-June 30,2020
$70 $68.8 $70.3
$64.9 $69.3 $64.4
$59.6 $60.8
$60 $63.4 $65.2 $66.3
$60.0 $60.6
$50 - 10o%
100.5
100.6% 104.4% 96.3% 98.6%
94.0%
2 $40
E
$10 Meal Taxes 5.5%Allocation
50%
$20 General Fund-3.5%
TIP-:1.06%
TAP-0.5%
$10 Open$pace-0,44%6
$o 0%
FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020
......Budget YTD %of Budget
July 28, 2020
10
CITY MANAGER'S BRIEFINGS
INTERIM FINANCIAL STATEMENT
ITEM#70570
(Continued)
Total Hotel Room Taxes are down $2.7-Million from the previous year:
Total Hotel Room Taxes
June 30,2015—June 30,2020
$37.3
$35 $34.1 $37.1 $37.9
$35.51
104.8% 104.4% - vim;$32.71
$30 102.7% I -AOA.2% *"
-<+r=
a ^—,$2BA$29 8 $29 5% e 100.0%
`o $u ,2$27.5286 p 1 c
r- `b 1 o
1 ::
,
`*
ee ,,Hotel Room Toles 8%AMocotiort '
General f1Yld 2% `y'
$1a -TiP-5%+Si Penlight -§':'
=TAP-1%+$1 per night
$5 Sandbddgs-6.5%+$1 per night
MDT*-$500k annually
$0 11111111111 50.0%
FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020
en Budget ...YTD .+%of Budget
Here is the FY 2020 General Fund Expenditures Through June 30, 2020:
FY2020 General Fund Expenditures
Through June 30,2020
($amounts in millions)
BUDGETED EXPENDITURES YTD=$1,266.4M Debt Service Capital Projects$64.8
ACTUAL EXPENDITURES YTD=$1,201.4M Operating $52.7 4.2% 5.1%
$182.2 14.4% Other Funds$27.8
2.2%
NIL Unencumbered$65.0
Or ,. 5.1%
Personnel$402.2
31.8%
School Support$471.7
37.2%
General Fund Salary savings
were$20.4 million
July 28, 2020
11
CITY MANAGER'S BRIEFINGS
INTERIM FINANCIAL STATEMENT
ITEM#70570
(Continued)
Here are the FY 2020 Financial Actions to Mitigate COVID-19 Economic Impacts:
FY 2020 Financial Actions to Mitigate COVID-19
Economic Impacts
Revenues
• Real Estate and Personal Property taxes due June 5
• City Council suspended late payment penalty and interest to August 4
• Public Utilities—suspension of disconnecting water service due to nonpayment
• Trustee Taxes are one month lag—Most Trustee taxes have delayed penalties(next
slide)
• Meal Tax—May and June taxes suspended(tax holiday)
Expenditures
• Hiring Freeze
• Elimination of non-essential purchases
• Elimination of non-essential travel and training
• Implementation of Federal programs(e.g.Public Health Leave)
Here is the Summary:
Summary
• Cash balances for all funds are at appropriate levels
• Issued $195.8 M of PFRBs on June 3, 2020 with a true
interest rate of 1.66%
• Expenditures savings occurring, but often offset by
additional COVID-19 expenditures
•Additional Revenue to be received and accrued to FY2020
• $46.9M —Personal Property Tax Relief from State
• Real Estate and Personal Property Tax received July 1st
through Aug 15th -$25M - $35M
July 28, 2020
12
CITY MANAGER'S BRIEFINGS
INTERIM FINANCIAL STATEMENT
ITEM#70570
(Continued)
Here are the Next Steps:
Next Steps
•es 's ., u 'pia e
August 25, 2020
1.11111116pwoihr:Trwrzairman
September 15, 2020
110
a 2021.September U•date
October 20, 2020
Mayor Dyer expressed his appreciation to Ms. Kelly for the presentation.
July 28, 2020
13
CITY MANAGER'S BRIEFINGS
SALE OF EXCESS CITY PROPERTY—212 FAIR LADY ROAD
ITEM#70571
3:32 P.M.
Mayor Dyer welcomed Taylor Adams, Director — Economic Development. Mr. Adams expressed his
appreciation to City Council for their continued support:
Potters & Fair Lady Roads/ London
Bridge-Unsolicited Purchase Proposal
, 1 1 r
, j, �;
,t,.
Y.
' ..
8 w,pyy LOCATION MN
w,a EXCESS CRY OWN19 PROPERTY
ay ewwr. _ _31 _ OMtl/M1133O57 AND RIM
OPM 10742JN5
0 f0O 215 10DfrM ;I,
Taylor Adams
City Council Briefing
July 28,2020
Disclosures
• Applicant: Michael D. Sifen, Inc.
• Legal Services: R. Edward Bourdon, Jr., Esquire
2
July 28, 2020
14
CITY MANAGER'S BRIEFINGS
SALE OF EXCESS CITY PROPERTY—212 FAIR LADY ROAD
ITEM#70571
(Continued)
Here is an overview of Unsolicited Purchase Proposal—June 12, 2020:
Unsolicited Purchase Proposal- June 12, 2020
• Developer: Michael D. Sifen, INC. vetwar�,, ,;
• Parcels: GPINS 1497-93-5053 (2.76 ac) and
k
1497-92-4465 (10,482 Sf)
• Use: Performance Collision Centers i . :_'f"
• Rezoning: R 5D Residential Duplex District to I 1 _ `^ r
Light Industrial ,. !;,
• Purchase Price: $855K , n
• Total Investment: $4,605,000 _
o Land: $855,000 ' J ,
o Design &Construction:$3,000,000 �s® / ''F r
o FF&E: $750,000 s
• Total FTEs: 18 with $78,000 average salaryIII i '
• Estimated Annual Sales: $6,000,000 �'a °` '
3
Here is the Proposed Rendering—Potters Road:
Proposed Renderings-Potters Rd.
acrF�w Conceptual Renderings ::.'.1`E r D cis�6 N
FAIR LADY ROAD WOK;Bench,VA June 13,2020 Concept I View 1 SIFEN °
July 28, 2020
15
CITY MANAGER'S BRIEFINGS
SALE OF EXCESS CITY PROPERTY—212 FAIR LADY ROAD
ITEM#70571
(Continued)
Here is the Proposed Rendering—London Bridge Road:
Proposed Renderings- London Bridge Rd.
r
I !fig I III 11 4. .
wirainatu Conceptual Renderings
FAIR LADY ROAD Viginio Beoch.VA June 13.2020 Concep'I view 2 (SnN
Here is the Recommendation:
Recommendation
• Schedule a Public Hearing for the declaration of
excess City property
Mayor Dyer expressed his appreciation to Mr. Adams for the presentation.
July 28, 2020
16
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
3:45 P.M.
Mayor Dyer welcomed Bobby Tajan, Director—Planning and Community Development and Bill Landfair,
Planning Evaluation Coordinator. Mr. Tajan expressed his appreciation to City Council for their
continued support:
= �wd
Cay of
Virginia Beach
. Planning Items
August 4 & 18
City Council Meetings
There are twenty-seven (27)Planning Items scheduled for August 4`h:
SUMMARY — August 4th
27 Planning items scheduled for City Council's consideration
1.Westminster Canterbury on Chesapeake Bay-Lynnhaven District
• Modification of Conditions(Home for the Aged,Disabled& • —_ �'
Handicapped) va...s.+.
• Recommended for Approval by Planning Commission&Staff _ -ci:. -.
2.Your Not Alone,LLC-Lynnhaven District .>!t!"'- ,b
• Conditional Use Permit(Short Term Rental) " esr••••••,ss e
f
• Recommended for Approval by Planning Commission&Staff .� ,r,,:.
3.Lisa C.Eure-Lynnhaven DistrictV LLC i.r.
• Conditional Use Permit(Short Term Rental) ..• - @ yy
• Recommended for Approval by Planning Commission&Staff
4.Atiantk Development Associates,LLC-Lynnhaven District --- .�"" (@ - - • a.ra a.,a.rv.
• Conditional Use Permit(Short Term Rental) r,w •"j r.. wawa ers
ti+ �'+v+
• Recommended for Approval by Planning Commission&Staff
S.CEBT Properties,LLC-Lynnhaven District
• Conditional Use Permit(Short Term Rental)
• Recommended for Approval by Planning Commission&Staff - !
2
July 28, 2020
17
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
SUMMARY — August 4th
27 Planning items scheduled for City Council's consideration
6.&7.La Paz,LLC-Lynnhaven District
• Conditional Use Permit(Short Term Rental)
• Recommended for Approval by Planning Commission&Staff ,....,•,,,,,,,,,,,,,,,,,,,,,,,, ..,a.,•.Ge.`Ls `
L..c fur.
Ocean Rental Properties,LLC-Beach District .
• Conditional Use Permit(Short Term Rental) �
• Recommended for Approval by Planning Commission&Staff F. ce•r.rw•"...Lc°
9.William J.Wright Jr.-Beach District
• Conditional Use Permit(Short Term Rental) «_"' a, I Amer.%leas
• Recommended for Approval by Planning Commission&Staff i.
7
T_ •
10.Carlin Creative Concepts,LLC-Beach District 1 �^"*"'4 "moo sic
• Conditional Use Permit(Short Term Rental) ` _ .ru.wa•.`«.«. •,earv.a
• Recommended for Approval by Planning Commission&Staff "•"""`• "�•"".. '"'"�9"�"
11.Nathan Boiling-Beach District s • 5,_
• Conditional Use Permit(Short Term Rental) .�,t •'•" s - .
• Recommended for Approval by Planning Commission&Staff` ' an'It.
3
SUMMARY — August 4th
27 Planning items scheduled for City Council's consideration
12.Dawn Wyatt-Beads District
• Conditional Use Permit(Short Term Rental) "1 .
• Recommended for Approval by Planning Commission&Staff wra•..wca..;;;;; cw.o.•. �r�u< N.
13.New Jerusalem Church-Beach District , Yaw/MaM..LW
• Conditional Use Permit(Short Term Rental) '"•� � °�
• Recommended for Approval by Planning Commission&Staff/ aj�"ty�j
14.Austin Boyles&Star Boyles-Beach District
• Conditional Use Permit(Short Term Rental) «�" e •��'% s I. LLB Las
• Recommended for Approval by Planning Commission&Staff «•i°` r-- 'S ___,.. k.
a
15.Mcleskey&Associates-Beads District ¢ 1 p,.n' ••••.°v.••.r.. .\.a.w.aw.••rd
• Conditional Use Permit(Short Term Rental) T •IF- """_•:.,,, F a>..•,aaw3*r.•
• Recommended for Approval by Planning Commission&Staff a..:aa•w¢� ___ i "'mod "•'•a'^"`""""'a �"*A`.
11
16.McLeskey&Associates-Beach District ' - § J i"'1,a \
• Conditional Use Permit(Short Term Rental) •'' ' '
• Recommended for Approval by Planning Commission&Staff,-•`"v '5
a
July 28, 2020
18
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
SUMMARY — August 4th
27 Planning items scheduled for City Council's consideration
17.&18.McLeskey&Associates-Beach District ----
• Conditional Use Permit(Short Term Rental) -------''',...
• Recommended for Approval by Planning Commission&Staff •r.••`...c..".M -- LLc °`"'
um C.e°.
`19.JADE Vacations,LLC-Beach District ' 1.
• Conditional Use Permit(Short Term Rental) `/ �
• Recommended for Approval by Planning Commission&Staff/ MIT nw•n...1s •
20.Andreas Loizou-Beach District
• Conditional Use Permit(Short Term Rental) .. ' > c.•xn...ua\ farms.
• Recommended for Approval by Planning Commission&Staff .a•°'
Yas
21.Prolific Properties,LLC-Beach District ,e?'. _°""""_ a.r`.afra.M.
• Conditional Use Permit(Short Term Rental) - $€q - aii.nva
• Recommended for Approval by Planning Co::5510
in:::
o•!# .e \ TNlirro
It*22.John Keenan-Beach District - y, s e• 7` //
• Conditional Use Permit(Short Term Rental) +c,_-'9, yission "'+a �`" -' r
s
SUMMARY — August 4th
27 Planning items scheduled for City Council's consideration
23,24,25,&26.Longcreek,LLC-Beach District - _
• Conditional Use Permit(Short Terre Rental) T ,_
• Recommended for Approval by Planning Commission&Staff • ',+.
1r•WrC.•M•n • ybM•.DAL
27.Jacob Short-Bayside District - Vow•.Meow I.
•
• Conditional Use Permit(Short Term Rental) •r•!•a" i.
• Recommended for Approval by Planning Commission&Staff MrP.D..,"La ',
R
3
�a ^^"�' An.n°c per.bprr•m.•..xaw.LLC
..-.`I •Fp e Sjr _ e •Y•MYY.
14,
I Y
July 28, 2020
19
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY Item
Council District Lynnhaven
Location 3100 Shore Dr,properties located at intersection of Starfish Rd&Ocean Shore Ave
V___ .---V,
g?.
MODIFICATION OF CONDITIONS(Home for the Aged,Disabled&Handicapped)
Staff recommends Approval
Planning Commission voted 5 to 2,with 1 abstention,to recommend Approval '
V:` F—,• nil•..
Luim7:d:e ... =r�.._
:-,--t..t-,---_----zr,7.--7--::--- r_13,1 ,:. 1„, .,,, 1,:.
,..,,,,.„.,_x„,,,..„4„
h
-
• Modification to Conditions to accommodate • � Y n
several adjacent properties into Westminster MN. s_
Canterbury campus and construct a 22-story 01:0 i �-
independent living building and 7-story a
healthcare building % -' r.el x..irlf-m .1117, :: _
•Two elevated pedestrian bridges proposed 1 rw 41. • ® __—
over Starfish Road and Ocean Shore Avenue I.1. P.
• Existing beach access to be relocated to WESTMINSTER CANTERBURY
eastern property line - Li:.
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY ItemR=
July 28, 2020
20
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
MOVED FAS, 0 BMW.
Chesapeake Bay
Wooled hi. SAME
A,TIO i o p rait:
000cs Poa na ron.we tc�w
mworoTIE var'•a evssn
Future
Independent _„ten swxca,oNrixiws
living Building /C
` swesou+c
Bkk mun • ,� -, dean Snee axe F ,p aw,cF*
.. ft Future Hea9hca re _
•'... Building utEwtrot aereoig',
Proposed Revisions Following Planning Commission Meeting
9
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY Item 1
CONDITIONAL USE PERMIT—Short Term Rentals Items
2-27
• 20 Recommended for Approval by Staff&Planning Commission on Consent Agenda
• 5 Recommended for Approval by Staff&Planning Commission*
• 1 Recommended for Approval by Staff&Denial by Planning Commission due to insufficient parking**
Lynnhaven District Beach District
2.Your Not Alone,LLC"" 8.Ocean Rental Properties,LLC
3.Lisa C.Eure 9.William J.Wright Jr.
4.Atlantic Development Associates,LLC 10.Carlin Creative Concepts,LLC
5.CEBT Properties,LLC 11.Nathan Bolling
6.&7.La Paz,LLC• 12.Dawn Wyatt
13.New Jerusalem Church
Bayslde District 14.Austin Boyles&Star Boyles
27.Jacob Short 15.McLeskey&Associates
16.McLeskey&Associates
17.&18.McLeskey&Associates"
19.JADE Vacations,LLC
20.Andreas Loizou
21.Prolific Properties,LLC
22.John Keenan*
23,24,25,&26.Longcreek,LLC
to
July 28, 2020
21
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
YOUR NOT ALONE, LLC Item
Council District Lynnhaven
Location 207 79th Street,Unit C 2
... -,....! _., ,,...,,,,,_„.„ ,...„,,
,....
... .....„ ,..._,....,,,,\ , ___
______v-,,,pp,:,„_-,,-- ,\ k r-A
UT - C
r c
i`—'
T
-A-�`�75. V 1�'G- r—yc''1 A
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission motion to approve failed with a vote of 4 to 4 11
� f
t
�� _
u.
1' j II, I, e +armor**Fa �M..l•.N 4rr.1 1
l
Cs.m Yw1 SadismQ
4.1�1c1e.(M.] t Nod row roams
fl
• Request is for one,three-bedroom unit of a duplex . .was .' ., MINQ
dwelling. w'�"e"s' ✓ i
• Three parking spaces provided,two on-site in e..ys „ a
•
driveway and one in right-of-way between property fir.
line and sidewalk. MamaI"."'.`
r",sbM la'ra-wl
• A sign will be posted on the property to not block City
sidewalk.
u
YOUR NOT ALONE,LLC Item 9
July 28, 2020
22
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
°Aira ��1i!t `u
U1M� Vair
: fir*
V Ott
stISLP
Sw
STATUS 10 A.
AA \*
!•• ._F
o UM.Rem.
o �n-ww<.
13
YOUR NOT ALONE,LLC ;e"
LISA C. EURE Item
Council District:Bayside
Location: 2312 Red Tide Road,Unit 3
A
t ,
d tr
i CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend Approval 14
July 28, 2020
23
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
t
juitiLl rtaii ,
f ,- 'L
i A .,F .—
1.,,,t1-::.....7, 1:
• Request is for one,two-bedroom unit of a three unit condominium
building constructed in 1980. f .
�
25'
• Two parking spaces provided on-site in driveway next to dwelling. j
RED TIDE ROAD
• Parking for other two units is provided in existing gravel area in (80 N.OW.-30'PAVEMENT)
right-of-way between property line and edge of pavement.
is
LISA C.EURE i,em 3
,. pcesn r1' cr. 1� \ , —f
Q^d 1
11
88 > ,6
.TATU. ✓0.1-< \ 'Ag_T
9 • roae.ea C �-'0�-�' �— Q
O umr Rev.'i �i\ r �^
16
LISA C.EURE Item 3
July 28, 2020
24
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
ATLANTIC DEVELOPMENT ASSOCIATES, LLC Item
Council District Lynnhaven
Location 112A 56th Street 4
_ , , ,,,\
_-\\, \ _ , .„ \ __.___. .,, ,
_\_. ___,______
, -
--,- \
_.----
Mt ,
I
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend Approval .,
•Z =s:= 1
E '' �' e. Ir+ri' =' —
N a —
W ; 165•.•. UNIT UNIT +
�arr� N�a r :. N `: A.4_: ., 112A 1128 I, �~if
• Request is for a four-bedroom single-family home constructed in 2019.
• Four parking spaces provided on-site,two in the driveway and two in the garage.
is
ATLANTIC DEVELOPMENT ASSOCIATES,LLC Item 4
July 28, 2020
25
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
� j�11V1:;° --0
>-
i‘SE /11�� ii0
H��ri'� .,��1
-Atoll watt To Is:.1:-Aioug
irs.0.4
11-- \
19
ATLANTIC DEVELOPMENT ASSOCIATES,LLC Item 4
CEBT PROPERTIES, LLC Item
Council District Lynnhaven
Location 201 64th Street 5
,_,
`t'1 ;: ,
.. ,
_,__,,,..„.„ ,
. .__,__,--,,,,,_,\
. \x„:3i,,,,,,, . ,,c,,,, ,.
... , ,, ,,r, \ ,
a.
v v -,
_11 -� w"'" - \ c
c� \ ,.
.nr � j T� t \
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend Approval =0
July 28, 2020
26
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
rt
�� ».
F
A.: , El -`,I___
p t
=�- Pogo
i
Prnpoud
• Request is for a three-bedroom single-family home constructed in is.
1940. , .7.7 ,
i` �Lt
• A second single-family home was constructed on the lot in 2016(not S.41} p� �,.
included with this request). .c --'
• Three parking spaces provided on-site in driveway next to dwelling. k- • t a T "i
iEf zi
CEBT PROPERTIES,LLC Item 5
r - 1
1 ts%
�1t
1" z ih111—1
111 N nik° 1
wri. ,,„,0„0
T111 ,'
•�r� t r i islia `,,
STATUS > .' ,
- • ASV.. p 1_< ,�S.: , y
p under ae e,. iik 1
az
CEBT PROPERTIES,LLC Item 5
July 28, 2020
27
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
LA PAZ, INC Items
Council District:Lynnhaven 6 & 7
ocation: 2565 Shore Drive,Units A& B
t
1.
t ,,..*
CONDITIONAL USE PERMIT(Short Term Rentals)
Staff recommends Approval
23
Planning Commission voted 8 to 0 to recommend Approval
Revised Parking Plan
- 1
• Request is for both three-bedroom units of a duplex
dwelling constructed in 1965;however recently14
renovated. If -.
• Six parking spaces are provided on-site;one in front of
the home,five in the rear of the home.
— —SOCK Mt No) --
• A new driveway apron will be installed meeting the
recommendations of the Public Works Department.
24
LA PAZ,INC Items 6&7
July 28, 2020
28
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
(.28. ,
iN
N �
.p N 9
a "
STUNS 4 yet
25
LA PAZ,INC Items 6&7
OCEAN RENTAL PROPERTIES, LLC Item
Council District Beach
Location 2216 Baltic Avenue, Unit B 8
... iF.' ire cum"
`r ., _
,
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
26
Planning Commission voted 8 to 0 to recommend Approval
July 28, 2020
29
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
---i7.4--3-2--'7 r1\
---
-7t '7'-..3,tv : \(
,1 t1-b�® �.
,.z_...,, -
ir —_ ) ,
`.. If 1.'I . 1 4 of 1
1 e. )
. i
--',•106C.r: 1 Iti'i .‘ cerliti 1.
iiirA
4"y" / Imam
• Request is for a four-bedroom single-family home V.....-wad ii,��
constructed in 1953.A second home was built on the site in is
III
2007(not included with this request). j,
Is
• All four required parking spaces provided on-site. 1
„ram/
• The property is located within the boundaries of the RPPP. _ p' �^-.-
a
OCEAN RENTAL PROPERTIES,LLC Item 8
.,� ^`fie
„ _7:7,,----- _ -.. ,,,s..:1.c.\\.,sis :_._,:r_,0
\ . ...,1 „'s. .010.0.,..1...41100 1-' . ., 1.1 . c.
trill . 1106014* *-- -00,-10,,,____.s, ,,._,
lam. istt% -u-
aTATus vk•u �r \ 1
, • ate ‘ all'
• om ea
O UnOee Rev ew N ( 1
U Re, --r �\ � � �1 - - � i\ r.
f'
m
OCEAN RENTAL PROPERTIES,LLC Item 8
July 28, 2020
30
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
WILLIAM J. WRIGHT, JR. Item
Council District Beach
Location 909 Pacific Avenue, Unit A 9
,,,,
_ ,
_.,... .„ .„.„.„
. ..... .,..„ „ ,•,
....., :
.,„,
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
n
Planning Commission voted 8 to 0 to recommend Approval
III a ■ ,
\ \\ . , -
e---
_..,, .,,
;-1
• Request is for atwo-bedroom unit located in a multi- i�
family building constructed in 1969.
• One parking space provided on-site;a second space 1 lir— sr"'"%
will be leased from the 9`h Street Municipal Parking \ P. ',0i ,1
Garage.
30
WILLIAM 1 WRIGHT,JR. Item 9
July 28, 2020
31
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
10(" l ='
it : •1
+n�rMitu. �4 !o ,
'..rr Puer ,
.0. � !4•8 th ctrct.._
aWNn-�ita�1�
iUNt• y,.O�Cts
� roe.o 1:Lk Ito
wit!,
t#1�
G on'.v<...*N� 1t�►lttq
..ue..a� ,{Nii{M lNt 111 t_
3,
WILLIAM J WRIGHT,JR.
CARLIN CREATIVE CONCEPTS, LLC Item
Council District Beach 1.0
Location 901 Pacific Avenue, Unit B
•
•
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
32
Planning Commission voted 8 to 0 to recommend Approval
July 28, 2020
32
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
14----
i^ --f ' •.
ili ,W ':
-r
T.
• Request is for a two-bedroom unit located in a multi e' F,.+-
family building constructed in 1969. f +as,,,,,,,,oa'4.!..!
•
• One parking space provided on-site;a second space
will be leased from the 9`"Street Municipal Parking
Garage.
33
CARLIN CREATIVE CONCEPTS,LLC Item 10
1
11,1S- liltalft._ All''k \
�>i'iit.^,-11l1 ♦.
I-," IN la H.•—h ri,.7 5
{ H+� 1\
y N of v - ire11\_\
;pi
O K R.,"f r�+ N i+ li►ti i
Nt
3.
CARLIN CREATIVE CONCEPTS,LLC Item 10
July 28, 2020
33
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
NATHAN BOLLING Item
Council District Beach :1. 1
Location 423 21st%Street
i .�"y ,+^
6
', .'
O.:`i 1111
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
35
Planning Commission voted 8 to 0 to recommend Approval
rI l-- r ,.
.:mu Ill M NllilganlM N{I ., , i
! ' do
AIL- 1 f -
j i , _ I
• City Council approved this property for Alternative Compliance to allow a 1 •._ •-u• : ' __ {
second duplex structure adjacent to the alley(21.Street). -
• Request is for one,three-bedroom unit within a duplex dwelling
constructed in 2019.
• Three parking spaces are provided on-site;two in the driveway and one in �'•""
the garage.
• The property lies within the boundaries of the RPPP.
3'
NATHAN BOLLING Agenda 11
July 28, 2020
34
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
,, i\ =-ct'Stun _gg `fro ;
y8lb5Ueal {—
aa ldita\I Stle ' 4
'„�[>•�:it 05lfeet ltsaQet. ',.. .
J-
,I- 1 34 r t . r r
tvHra1t5 l Is- 20th 5lleel I �
y"*,Cih\61g t 1
0
o --
A
$T117U$ ) ,mn 5vee�
• ro«a.a 1
• ow. ' s. 'ti' - 4r�stleel
a«Revr. .
p un a , l9te Streett'\`f1
r O �«ea ..., 4th HaN1 Il ,
—14M.1:
37
NATHAN BOLLING Item 11
DAWN WYATT Item
Council District Beach
Location 609 Bayway Road 12
,........ ..... „,,, , '-"*"---.„...-_!r! i . —----) 9
9= S
F 7 ti
7 .4 Yl
•n ere Me..o•wn sr • " t.SEa:„
dewy r fe - w�6oer lr.e \ \
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
38
Planning Commission voted 8 to 0 to recommend Approval
July 28, 2020
35
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
litript PARCTI 7e
' - LL,
1 OM WC
- 1
• Request is for a two-bedroom single-family home '
_a
constructed in 1951. , cf` �(^�m
ocac— g"' ,- .r!";'W a`
• Two parking spaces are provided on-site located on the D 8 W+@0M - .r.000.
tr
gravel driveway. O 2 Q8` ,a -Y.
•
• On street parking is permitted 24-hours per day to ;/ S
I
accommodate any overflow parking. -b
39
DAWN WYATT Item 12
Riynru n.c.nt
_ mood. , ------ IL;
t N NNtWa �--1-
STATUS '-.- — _. rr
O UMCr0.Ms
•
0 R•ySMM -
�r
40
DAWN WYATT Item 12
July 28, 2020
36
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
NEW JERUSALEM CHURCH Item
Council District:Beach
Location. 101 Bishop Thoroughgood Avenue 13
i ' \ ('> l;
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
41
Planning Commission voted 8 to 0 to recommend Approval
NtiffEjfiEliggii
18
• Request is for a three-bedroom single-family home constructed in (Tn 0
t
2004. ;' e,s
-<•;.• Three parking spaces are provided on-site;two in the driveway and one i
in the garage.
i%si..-,35.9'
• On street parking is permitted 24-hours per day to accommodate -
overflow parking.
NEW JERUSALEM CHURCH Item 13
July 28, 2020
37
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
der
.0
Jzcksott_lt eet _ c r /3 ,..i!,,,,,,,i,„
Jensen Drive , el''' "`` d I 441.111"
ece>
r`'
a MI I' _IM
Wii STATUS f _. IIA91111M
• .„.a pm C
"o ' "l': �I Ce k
u
NEW JERUSALEM CHURCH Item 18
AUSTIN BOYLES & STAR BOYLES Item
Council District:Beach 14
Location. 1804 Baltic Ave, Unit E
_ .,.„..
- yu...
Frj
d .... ,.....
,-Me{M �.."—
urw.. {
p { IM. I
I w�w tr
1 '
11 .e
a+ w~
wn Mu
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
s{
Planning Commission voted 8 to 0 to recommend Approval
July 28, 2020
38
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
r -
El
20'ALLEY
;moo 1 . ..... 1 r.,
0 ,.,2 :,
it
• Request is for the three-bedroom,end townhome �_� • Fi
unit constructed in 2019. 111
"'"�_ iCIi I i f ligi
• Three parking spaces are provided on-site,two in _ p+ fir— � G.
the driveway and one in the garage. m.111"MA a,W
A,
,SALrvo MI6
• The property lies within the boundaries of the RPPP.
OS
AUSTIN BOYLES&STAR BOYLES Item 14
v „_, , , e ,,‘
e
- tstnsve , :.
'.$thsveel
�\`-y:- rt to - 46tts5ve!\
-{TATU{ 1 , ,C` �Ot
6 4'7F'
\ , ....zzo re
a� a G
as
AUSTIN BOYLES&STAR BOYLES Item 14
July 28, 2020
39
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
MCLESKEY & ASSOCIATES Item
Council District Beach 1 5
Location: 409 Southside Road
raj 0A16*
\\
IF
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
t]
Planning Commission voted 8 to 0 to recommend Approval
OLD m.oFe S a VD
• ItrabY
v ke re
%
• Request is for a three-bedroom single-family home constructed
in 1964.
I ».I�
• Three parking spaces are provided on-site in the driveway at the
rear of the property. pe p0
3 Fm
4$
MCLESKEY&ASSOCIATES Item 15
July 28, 2020
40
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
40 e„e1
VIM
., ( y
11 Qa
/ f
STATUS
• Ppnwea 9 7" _. 9
0 XNwneC "T _
39
MCLESKEY&ASSOCIATES tern 15
MCLESKEY & ASSOCIATES Item
Council District:Beach
Location: 441 Southside Road 16
eyr✓�i i
t aSe°�.r 1 www P
.."
e
4(-•( ‘"
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
so
Planning Commission voted 8 to 0 to recommend Approval
July 28, 2020
41
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
. it
il
s
• Request is for a three-bedroom single-family home constructed in 1988.
• Three parking spaces are provided on-site;two in the driveway and one
in the open space underneath the dwelling. co
RP
51
MCLESKEY&ASSOCIATES Item 16
:147*So
��i
L' ' tom
.� •‘v
W?4!t '
:smut'''''vol
G 4•v - it } i',e .
52
MCLESKEY AND ASSOCIATES Item 16
July 28, 2020
42
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
MCLESKEY& ASSOCIATES Items
Council District:Beach 17 & 18
Location: 1405 Cypress Avenue, Units A& B
13
I 'I '
4 1
p 1 —
CONDITIONAL USE PERMIT(Short Term Rentals)
Staff recommends Approval
53
Planning Commission voted 7 to 1 to recommend Approval
encs r..
Unit B
.. 1 ai ( I-r.x..0
dlii
f npnnC niui un,, UnitA
w.
• Request is for two,three-bedroom units of a duplex dwelling.
• Site not developed.Permit issued for construction on March 20,2020.
• Six spaces will be provided on-site;four in the driveway in front of the
duplex,and two in single-car garages.
54
MCLESKEY&ASSOCIATES Items 17&18
July 28, 2020
43
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
---_---_ """ ----- ,"'\--' -- islw-
----ri--- --.4---0---kg_ iota\--
1 11 _../W\,le!l•to.113\
. 1 .. A..4:1
'I t #7" 11104X-10#1,- 414 ':.,i
400
11,4
,i , rItik 1pp issiittV-1%%Ow' '
7/--., „sr„,w,„„.„,•-....,..0 VIAt ,--
-4*
"MU° I\ 7;1 Ie. ' ' ..-= ' • :1 11111M001111,9
• ..... 110--6 - -. . •, -...--•• •- • •
0 ....wed • , --,--i,-; , -,i -
55
MCLESKEY&ASSOCIATES Items 17&18
JADE VACATIONS, LLC Item
Council District:Beach
Location: 329 25th Street 19
,!;1-.,----
_,
,..b....."' .......
.... ,
i - ,•,. 3,r''''',,,,7,A,.,,_ _--
i 0....^.•1 / I
* 1 X .i.--
...-'._ 1 1 , ,---------- ,
...
. 1 a5"1-N-t .,% VilloPseT2---::
i it ."":„.... \ :',‘_--0,1 .."'`i.•,.-- 1.1.,3---'9.t , _
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend Approval
July 28, 2020
44
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
tkhh
l% , ,„; i
Vll OS. •lell MIT
nif
25t Street {
• Request is for one,two-bedroom unit located within a five building condominium complex constructed in 1981.
• Two parking spaces are provided;one in the driveway and one in the garage.
• The property lies within the boundaries of the RPPP.
57
JADE VACATIONS,LLC Item 19
r,..,4i - ...* „ „e%
s,iee
,,,
A fr
SGiut �tdsoee 1
• b.w� si
.1
G, a— 1 '1 4A, L'. 21s,st e,.,1" ,'Sy,
Si
JADE VACATIONS,LLC Item 19
July 28, 2020
45
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
ANDREAS LOIZOU Item
Council District:Beach �0
Location: 4005 Atlantic Avenue, Unit 102
t
3 e
t +
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend Approval :9
. .. ntkc Nvenue
ppp5 Pt13sok
Oa
• Request is for a one-bedroom unit located within a condominium building constructed in 1976.
• Unit has one dedicated parking space located across the pedestrian beach access portion of 40'Street.
60
ANDREAS LOIZOU Item 20
July 28, 2020
46
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
Nth SUM �,
_. 41 d5va
` Y N',Or,
CICIN\44,. DA": NZ:-
yN.1
_i yam•
f• A,
• 6 /\ (1111.; - �
61
ANDREAS LOIZOU Item 20
PROLIFIC PROPERTIES, LLC Item
Council District:Beach
Location 1047 Coastaway Drive 21
.,
________37.- ___. , , ._.,
.,.. ____:
,--- ____„_
r . _
-4-„, .
r _
..,
_ /
..,
.......„
„,..,
_ A.i, ,r a,
i 3 �;
.. a /
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
62
Planning Commission voted 8 to 0 to recommend Approval
July 28, 2020
47
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
R/F��r DOM �
iL.10•,:r
MARRY SARDLSR.El ALS 1.
. .1MIPM IS lel AM...TO CCM.,•61010.0145 CA
.t319'69l
;. Y on lllClr sr out
to ille amour ..
. ' % ?..-t-: --7. rli ; . ...
a..
m.a. i3 s
a.m...
LOT 60 I gip 1 i LOT 62
. part
t�8�j}f�l.. u.Y
111
Id MMO
• Request is for a two-bedroom townhome unit
constructed in 1985. (art c,c. '8
hill
• Two parking spaces are provided on-site located in the wctea:x;°a„yam
driveway in front of the home. CoaStaway Drive
(0U6606 Y SAVOSAA a91r)
• On-street parking is permitted 24-hours per day for
any overflow parking.
63
PROLIFIC PROPERTIES,LLC Item 21
di `-ri 11
,1 ttcs t�
:LI--- . f—<-"\-----V
ew Peritws I \ >!,
I.
l 7--� :i 1 ' '` «` to °+ v
tgio pi
`�__ ,
_STATUS l M - --
:I U,,,ea w /OeunPSbbNA
G Fprbr.d ( %2 '�
W
PROLIFIC PROPERTIES,LLC Item 21
July 28, 2020
48
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
JOHN KEENAN Item
Council District:Beach
Location. 410 Terrace Avenue 22
•
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend Approval 66
Aram
ban
ri
• Request is for a four-bedroom single-family home
constructed in 2017. �— -.
• Four parking spaces are provided on-site;two in the - "I:
driveway and two in the garage. r
Terrace Avenue
• The property is located within the boundaries of the RPPP.
66
JOHN KEENAN Item 30
July 28, 2020
49
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
\ % :_,•,ssrit* ;__,-±:'-' \ ,\, .6110\ ,
?. it ��i4I attAP t
11 '�►"'�"-�.� trikle la
rig
00! ob.... I% tip" 'f: ''S, .
7 sirN8 , ,
• DmKo >y ,, ,�
\
111111
O una«aewr - �0/ �
JOHN KEENAN Item 30
LONGCREEK, LLC Items
Council District:Beach 23, 24, 25,
Location: 4005 Atlantic Avenue, Units 110, 111, 220&212 & 26
i - , ,,, , 7,„,,, \---,-
aor.. «w
CONDITIONAL USE PERMIT(Short Term Rentals)
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend Approval u
July 28, 2020
50
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
!ill '11. '''' . .. , ,„005 ptlanNc Pren�x�i�
{
II
,eet
C � :.
• Request is for four,one-bedroom units located within a multi-family building constructed in 1976.
• Each unit has a dedicated parking space located in lots across the pedestrian beach access of 40th Street
and Atlantic Avenue.
IS
LONGCREEK,LLC Items 23,24,25,&26
i
/7.,...,
7 _.\
„1
ticf:,
1 STA1u1 q "/
1 • ron�c 1¢/ Ylt , \,
mot" 70
LONGCREEK,LLC Items 23,24,25,&26
July 28, 2020
51
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
JACOB SHORT Item
Council District.Bayside
location. 4905 Mandan Road 27
-I I . ......_
..... 1.-Fug.
_____
. , ....L. ,-, =:z.4!
...... .,5q.
.;...--:,
It, IW Ir :t:..l
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
)1
Planning Commission voted 8 to 0 to recommend Approval
'.-' � '- .,., __ shed j t
h' :.>a. ," / LOTS w. accc xM 1
v
•
• Request is fora three-bedroom single-family home Encroaches a'into
constructed in 1962. ght-of-way
• Three parking spaces are provided;two are on-site,
a third space slightly overhangs into the public right-
of-way.No vehicular or pedestrian traffic is blocked. Mandan Road
72
JACOB SHORT Item 27
July 28, 2020
52
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
-L-rrn-r EL
N
oL �
STATUS M .y
:--fir '
• ayyo.:c �� J> y � oe..
Oomo0 A
'3
JACOB SHORT Item 27
Mr. Tajan turned the presentation over to Mr. Landfair.
There are eleven (11)Planning Items scheduled for August 18th:
SUMMARY — August 18th
11 Planning items scheduled for City Council's consideration
r my R."eio"
1.William Mark Conboy—Princess Anne District Michael James FitaGiDboh t,•,
• Conditional Use Permit(Residential Kennel) •
• Recommended for Approval by Planning Commission&Staff
2.Green Clean South Military,LLC—Kempsville District Thalia Road Partners uc vp orvvel"u e.acn
• Modification of Conditions(Car Wash Facility) zon^ °•�"
• Recommended for A roval by PlanningCommission&Staff GMn CI•an soon,ifi�:,y;t1c
PP t w,.n rKear Pr°P."gas.^c.
• •
3.Harris Teeter Properties,Inc—Kempsville District
•
• Conditional Use Permit(Automobile Service Station)
• Recommended for Approval by Planning Commission&Staff w
4.Thalia Road Partners,LLC—Lynnhaven District
• Conditional Rezoning(B-2 Community Business District to = '
Conditional B-4 Mixed-Use District) ,)
• Recommended for Approval by Planning Commission&Staff _ woaa e.oa e.•"ss.uc
�wenn.n
5.Wolfe Bros Events,LLC—Princess Anne District
• Conditional Use Permit(Assembly Use) nn°o^"•• !
• Recommended for Approval by Planning Commission&Staff
.William Mart con boy
Ta
July 28, 2020
53
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
SUMMARY — August 18th
11 Planning items scheduled for City Council's consideration
6.City of Virginia Beach—Beach District t>many wn�
• Special Exception for Ahernative Compliance(Recurring Outdoor rme.ei b',.CPIpp
Assembly Use&Open-Air Market Special Events) • C* - S
• Recommended for Approval by Planning Commission&Staff
7.Casey Kruemcke—Beach District - w now Pitt as-u.ri7 i r•r v,y�,�.B.,cn
�' -.JM LovlM1na,
• Conditional Use Permit(Short Term Rental) preen Own •°
• Recommended for Approval by Planning Commission&Staff • Morris Teeter Properties.Inc
fa y wo
8.3D Builder Investments,LLC—Beach District• Conditional Use Permit(Short Term Rental) - �/' ,� ""•e
• Recommended for Approval by Planning Commission&Staff s
}
9John Lovering—Beach District •# .c
• Conditional Use Permit(Short Term Rental)
• Recommended for Approval by Planning Commission&Staff
Wolfe Bros Events.LLC
�r,n,>c•ta
10.Timothy Handlon—Bayside District
• Conditional Use Permit(Short Term Rental)
• Recommended for Approval by Planning Commission&Staff 0.
11.Michael James Pit:Gibbon—Bayside District •Willis',Mart convoy
• Conditional Use Permit(Short Term Rental) ) 75
• Recommended for Approval by Planning Commission&Staff
WILLIAM MARK CONBOY Item
Council District Princess Anne
Location 3285 Indian Creek Road
111
•
111
CONDITIONAL USE PERMIT(Residential Kennel)
Staff recommends Approval
76
Planning Commission voted 11 to 0 to recommend Approval
July 28, 2020
54
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
,,- t P.000,.d
u'e a� "
.. Exiting
earn
Iam
• Conditional Use Permit requested for _ - 7
Residential Kennel for up to 30 dogs
• Dogs kept primarily for hunting purposes,and include beagles,foxhound crosses,and a black lab
• 12'x 60'kennel setback minimum of 100'from the nearest property line and constructed of masonry to attenuate
sound
• Two letters of support received
77
WILLIAM MARK CONBOY Item I
GREEN CLEAN SOUTH MILITARY, LLC Item
Council District Kempsville
Location 820 S Military Highway 2
,,
t..... I t
.1.....
1Jl
/ Aft" -
f:t t } /`
1
MODIFICATION OF CONDITIONS(Car Wash Facility)
Staff recommends Approval
7!
Planning Commission voted 11 to 0 to recommend Approval
July 28, 2020
55
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
MAIM V.
It' , : ::'...,,,,,..,_. ... 4
( Y f
, ! 3 t `j 'raBn: � rs'`
• CUP approved for a Car Wash facility on ,a. .,
the site in 2007
• Modification of Conditions requested to redevelop site with new 3,300 sf car wash building
• Consistent with practice of addressing non-conforming signs,condition is recommended requiring removal of an
existing freestanding sign and that all new signage comply with the current regulations
• There is no known opposition
79
GREEN CLEAN SOUTH MILITARY,LLC Item 2
HARRIS TEETER PROPERTIES, INC Item
Council District Kempsville
Location 4540 Princess Anne Road 3
,, _,7 , ,,,4 ...� . \ �., �,
�, ,
P
'41IONSW4pril, 4;P‘ , \r,i'
'm
CONDITIONAL USE PERMIT(Automobile Service Station)
Staff recommends Approval
Planning Commission voted 11 to 0 to recommend Approval
July 28, 2020
56
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
Q +
v? -
...._ -, roses i 1 f li.;;L. ..
_- . _. ' —=
r.•m..rs � 1N Pt/a,.DNS
• Applicant requesting Conditional Use ---— soog
Permit to construct 14 fueling pump z `. 1',
stations at the Brenneman Farm
Shopping Center .�
• Planning Commission changed the language for Condition 9 to permit outdoor vending machines and/or display of
merchandise if screened from view from right-of-way as approved by Planning Director
• There is no known opposition,however there was one speaker stating concerns with the existing traffic signal timing
Is
HARRIS TEETER PROPERTIES,INC. Item 3
THALIA ROAD PARTNERS, LLC Item
Council District Lynnhaven
Location 4216&4220 Virginia Beach Boulevard 4
As
R P
.,.
IIR-15 e
` R]5
i
I .� -5.5 r- _.........
,RpRNSR�RYr..
I R75;1 •a� o-.. I--. _1 F:sa)1--e: __.
CONDITIONAL REZONING(B-2 Community Business District to Conditional B-4 Mixed-Use District)
Staff recommends Approval
u
Planning Commission voted 8 to 2 to recommend Approval
July 28, 2020
57
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
BUN aeruor-
-1147.
_"r _T.�r.
y.p CPiTti ;lu1MM{2
1
, e.
Budding 1
• Conditional Rezoning from the B-2 EE(#
Community Business District to �1
Conditional B-4 Mixed-Use District lei`ftitClS;"'S
• Submitted concept plan depicts �— Virginia Baal Boulevard
retention of existing Aldi s grocery store
and 10,000 sf free-standing commercial
building
• Remaining commercial uses will be demolished and replaced with three buildings containing 261 multi-family dwelling
units and up to 6,500 sf of new retail
gB
THALIA ROAD PARTNERS,LLC Item 4
env NM
�T��i li ii a t LIE
•!- '' 'man(am tint: a -wee
sum.2
f,rri tg 11ttt 411114W 4
r. 4•
ta'
Building 1
11 et-- --.
fip1 'flamingo fit
aS o
la T1 n�4,.,1U� r�'
Exist a Wail - •r 144
Virginia Basch Boulevard
Revised plan increasing parking submitted after Planning Commission Public Hearing
34
THALIA ROAD PARTNERS,LLC Item 4
July 28, 2020
58
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
WOLFE BROS EVENTS, LLC Item
Council District Princess Anne
Location 1145 Princess Anne Road 5
.....---i---..-.,... _
t— A•3.1. \ -...44'—i .
111111PRIN•• AID-1A0., A
•
_.. _ -•NasWy rT
Af 3
CONDITIONAL USE PERMIT(Assembly Use) ,
Staff recommends Approval
85
Planning Commission voted 7 to 4 to recommend Denial
raorostevnui ^lorq r.>Tuu LA.ot bop-
7., Pao}
ti.
° ., \ r P� rA.
mom,
Ace LuLTL L
• Conditional Use Permit requested for Assembly Use on 63-acre site in Blackwater in the Princess Anne District
• Limited to 30 outdoor events per calendar year and up to 150 attendees,except 5 events may have up to 250 attendees
• Proposed 5,500 square foot venue building located 1,000 feet from nearest residence
• Applicant met with Agricultural Advisory Commission in October 2019 and recommended denial of the application
• One letter of opposition received by Staff
w
WOLFE BROS EVENTS,LLC Item 5
July 28, 2020
59
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
CITY OF VIRGINIA BEACH Item
Council District Beach
6
I ocation South of 264,West of Parks Ave,slightly east of Parks Ave,North of 18e St,west of
Washington Ave,north of 17'St,east of North Birdneck Rd
2.,....,,,,7:__AS't \
Tyr I.,
wit i
4, j
l
•....> mow• ,•
SPECIAL EXCEPTION FOR ALTERNATIVE COMPLIANCE(Recurring Outdoor Assembly Use&Open-Air
Market Special Events)
Staff recommends Approval
87
Planning Commission voted 11 to 0 to recommend Approval
111111Fgrw")
_I ' - ,
288
Center
...
.. - t 'Scorts`�
• Special Exception for Alternative Compliance
requested to allow recurring Outdoor Assembly t+.,.::� =* ,-,.._ <•,x= ^-'�•r
Use&Open-Air Market Special Events
• Events hosted by the VB Sports Center and VB Convention Center on a continual basis averaging 250 to 500 attendees,
some events with up to 1,500 attendees
• Events requiring temporary road closures will continue to follow special events permitting application and review process
ee
CITY OF VIRGINIA BEACH Item 6
July 28, 2020
60
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
Mr. Landfair turned the presentation over to Mr. Tajan:
CONDITIONAL USE PERMIT— Short Term Rentals Items
7-11
• 4 Recommended for Approval by Staff&Planning Commission on Consent Agenda
• 1 Recommended for Approval by Staff&Planning Commission*
Beach District Bel/side District
7.Casey Kruemcke* 10.Timothy Handlon
8.3D Builder Investments,LLC 11.Michael James FitzGibbon
9.John Lovering
as
CASEY KRUEMCKE Item
Council District Beach
Location 133 Ackiss Avenue 7
.„._
—
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 11 to 0 to recommend Approval
July 28, 2020
61
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
..... cr ! . TT f E 1 I I :�
I
1
Z • Single family I
Dwelling i
r?71
1 2!
• Request is for a three-bedroom single-family home constructed in
1995.
3
• Three parking spaces are provided on-site located in the driveway
in front of the home. i. •.r"'•».-
• On-street parking is permitted 24-hours per day for any overflow Ackiss Avenue
parking.
91
CASEY KRUEMCKE Item 7
1 \
r / �{% 1. C
o
tAki kel—Wr r -
IT
-lam- ,1Ntji^
1 , ..mv.r.4,...:*.. ?A‘sk ,1
'I 111UHL:
STATUS "MA �1 Awl IIIIWINIF
hH!4 I
92
CASEY KRUEMCKE Item
July 28, 2020
62
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
3D BUILDER INVESTMENTS, LLC Item
council District Beach
Location 421 215t Street 8
,•
7-40: _,110--, ,,,
,,,,,_ _........-.„,,....„..„„„ ,
..............
• .....,2..„....:,......
ii
....._..„.„...... ,
,_,_._
_ ‘,.
��-ice
.iiiiittkaila411
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 11 to 0 to recommend Approval 99
421 21n Y.Street(alley)
❑ _ p.
- . u� 2
C[ri � I _ .i1 J -
• Request is for one,four-bedroom unit of a duplex _ ��
constructed in 2019.
:. 1'
.rs :--
• Two parking spaces are provided on-site,two
additional spaces will be leased from the 25'h Street r. -— "iN _,!
garage,%mile away. s.nip a n
94
3D BUILDER INVESTMENTS
July 28, 2020
63
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
Ji-- may' sH..- t 0,__ p1 ,-
• t. _ aiwt t-
i;7 ',\11‘,,,..__,--\v,
tlib 11 1
--- -V - Ottill"ltro I '11" ir—' \
— -_igetOrt*T.40 Iiii-1*0 \
o UnOe�R•newilt ej1 yari. f _ ���y
R
95
3D BUILDER INVESTMENTS,LLC Item 8
JOHN & KRISTEN LOVERING Item
Council District Beach
Location 1718 Baltic Avenue 9
, — \ __„,,,‘,,c—,,___ \i__,__—\. „,
i „...... , \ , 0,,__, _ \t,,_.,,,, ,,„,
L ,
,_-_---\----,-- ,,, ._,_s_.,___,_
, , ...., \ , \ _,......._ , ,, ,...„ _
.." _ _. ,\-- --c
, —4,...J - -\\ „...______ _i_c_c_,,,, , _ \
am r \ , !
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 11 to 0 to recommend Approval
July 28, 2020
64
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
'�� ) - Unit 1718 --.'� w� Trio MIT .._._....a..•.
si 2 bedrooms lr Pyy spKes
7 ) Y_f—(1716n+ln.dsonsme west Woad)L_ - - li._Alley - —
111
e F N y 1
" ) _a r . .,
Bakk
• Request is for one,two-bedroom unit within a 14-unit � ue
condominium constructed in 1984. - --ie:—
• Two parking spaces are provided on-site located in
the parking lot in front of the unit.
• The property lies within the boundaries of the RPPP.
n
JOHN&KRISTEN LOVERING Item 9
:r---? \
ram %irk 1-e.;1�• ,S6V>V
tiouav
_Attar._
i� '1_01 —"Ir J —
_...:5; ha
STATUS t ti (.
lICI)
OerxN `Urge, C 41
p "V... ....rrn t, I*. N
es
JOHN&KRISTEN LOVERING Item 9
July 28, 2020
65
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
TIMOTHY HANDLON Item
Council District:Beach �0
Location: 2541 Seaview Avenue
,�
_.,
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
99
Planning Commission voted 11 to 0 to recommend Approval
X 0 par.%wRr tY bMnm A
un'''Run ww.nr..•end
Structure
u
s 1'. ;`I I 4 parking
+ spaces;3
• Request is for a four-bedroom single-family home "' eLIN
CAI.' surface and
constructed in 1980. 1 in garage
• Four parking spaces are provided on-site,three in the — l .- "td
driveway area(one located underneath an outdoor stairway) I h . i r. U
. 1
and one in the garage. 16'Ingress&Egress Easement
t .1)-- ---__"if--
Ni
too
TIMOTHY HANDLON Item 10
July 28, 2020
66
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
IP
1,; '//a
i !71.1rp 1', dlj/II
t ,j mod• ,
. �hl�Z1 4y uqs'h �1-mom 1/ , j6
I1j/
� Taa
STATUS Iijt fI111q'- • , 5.
TIMOTHY HANDLON Item 1G
MICHAEL JAMES FITZGIBBON Item
Council District:Bayside 11
Location: 2222 E. Berrie Circle
` yam.` .,.«_
I .._..
',(_ii\ 4.
I 'Y.v. )
{ .N�, 4
1
I I --."" -
°.r ' I -
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 11 to 0 to recommend Approval '°'
July 28, 2020
67
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70572
(Continued)
IIr,. Q
b
A_ J 1 f.._ W , ---- — aten Iu—
2 ms "
7. W
0
g._. z
g
• Request is for one,three-bedroom unit of a duplex EAST BERRIE CIRCLE(501
constructed in 2009.
• Three parking spaces are provided on-site;two in
the driveway and one in the garage.
103
MICHAEL JAMES FITZGIBBON Item 11
3.
9 irr °y'•N•Point
'� pry�,• IlomoP°'N4p*bit
�14040 t _:
- '
40h
l•k•prad Dodson Court
lc. 0P n•YC••, - s
S
-STAIU8 I
• wo* NON,Ro y I d
O u•..a* S
Dov.
104
MICHAEL JAMES FITZGIBBON Item 11
Mr. Tajan continued to the next presentation.
July 28, 2020
68
CITY MANAGER'S BRIEFINGS
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
MODIFICATION OF CONDITIONS& THALIA ROAD PARTNERS REZONING
ITEM#70573
4:32 P.M.
Mayor Dyer welcomed back Bobby Tajan, Director—Planning and Community Development. Mr. Tajan
expressed his appreciation to City Council for their continued support:
# Overview Of
Westminster Canterbury on
Chesapeake Bay
Thalia Development Partners, LLC
Robert J.Tajan,Planning Director
July 28,2020
Westminster Canterbury on Chesapeake Bay is requesting a Modification of Conditions to the existing
Conditional Use Permit for the expansion of the independent living, assisted living, and memory care
facilities:•
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
Council District Lynnhaven
Location 3100 Shore Drive,properties located at intersection of Starfish Road&Ocean Shore Avenue
�-
�i�
ill 1 �'S \ ,; 44/ j 1 ,.
- I I mo '
MODIFICATION OF CONDITIONS
(Housing for Seniors,Disabled&Handicapped Persons)
July 28, 2020
69
CITY MANAGER'S BRIEFINGS
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
MODIFICATION OF CONDITIONS& THALIA ROAD PARTNERS REZONING
ITEM#70573
(Continued)
Chesapeake Ban [ _ a
,# _—
4 �
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
The request is for the construction of two (2) buildings; a 22-story independent living building and a
7-story health care building:
PINS UT
ill
ow--4....T- ur..t. • 014-4. i_
�{ —•
, ,r,,, ,.Chesapeake Bay Future _ .6 5 __s RNenYtl
,.), li.
,..„7„,i, „.„ _ . ...... ......._
_._
___
LI
I V r Existing Campus I�.. •.
�..4.
Fahey neaMore•
lkli --
11
A: tif e=
r +I BUtl n ..
Ti. -
• _Inc..
• Modification of Conditions to incorporate several adjacent properties into Westminster Canterbury campus
and construct 22-story independent living building and 7-story healthcare building
• Two elevated pedestrian bridges proposed over Starfish Road and Ocean Shore Avenue
• Existing beach access to be relocated to eastern property line
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
July 28, 2020
70
CITY MANAGER'S BRIEFINGS
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
MODIFICATION OF CONDITIONS& THALIA ROAD PARTNERS REZONING
ITEM#70573
(Continued)
Here are renderings of the proposed Independent Living Building:
r .” 1 i
r r _
•/
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
1 ■ ■ _._J
_.,.. ..., .,..,
.'�`"�. a ''' •
� lir''I,`/ _Y
i ---
,. A . .
�, dldl_ i
^srt
Pedestrian Bridge on Starfish Road Pedestrian Bridge on Ocean Shore Avenue
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
July 28, 2020
71
CITY MANAGER'S BRIEFINGS
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
MODIFICATION OF CONDITIONS& THALIA ROAD PARTNERS REZONING
ITEM#70573
(Continued)
An existing 20-foot wide public beach access easement is proposed to be relocated to the northeastern
property line to accommodate construction of the independent living building:
141'" .,+
CHESAPEAKE BAY ■
Existing
Beach Access -. 4
ed
Beach Acazs
Future f
Independent Wing f
s r.
Building •
p w
` _TJ Yam-
6uikinBAtrove �MInB -.��s} a � r—
g OCEAN SHORT ._ _
OP
Relocated Public Beach Access rA }i' "f
_.
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
Chesapeake Bay «Fs*sNp mrssei n,'an♦T
+xrte AAPCavwrc1,4s
•
•
Future >%vT+�a rrt uer
Independent .•sefw/sexs"`ni uf`m.
,a•USM)aefl...f.o.rot
living Building d/T—
r b'—: tac sva sawu
f rc s dgeman ' Ocean Snort Ave P
. f` FUNµre Healthcare
Building µ�g.sy OS eaemia.
Proposed Revisions Following Planning Commission Public Hearing
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
July 28, 2020
72
CITY MANAGER'S BRIEFINGS
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
MODIFICATION OF CONDITIONS& THALIA ROAD PARTNERS REZONING
ITEM#70573
(Continued)
Revisions to 7-Story Healthcare Building Facades
a.. - -fir ,,.- ----,-
'ham a a-n ® • IIO■
ta .t;a• Itf 17h drum •■ ea ■a r
�>Be_ _as : ��ra a
- m ■In.Ton
.m. ■ooze ■oo .n. .u.... t II. ax
t®.nn oo■®o ■oo■Inn. i"a im iii v apu i
...nano�_f 6i azairLAW. i ■golf on. •---
I • v.�. ten.
---- ----- ------- ----- ---------------------
WESTMINSTERR CANTERBURY ON CHESAPEAKE BAY
Revisions to 22-Story Independent Living Building Facades
I'll v ' Iwo __ ...
C`Il
ct: 41-
rart:te•gii
Frfil
T Ma[f h.
a P'lYYP4
�P.15'PI'TM ..- -i:;
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
July 28, 2020
73
CITY MANAGER'S BRIEFINGS
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
MODIFICATION OF CONDITIONS& THALIA ROAD PARTNERS REZONING
ITEM#70573
(Continued)
Here are virtual images from the shadow study:
MISTING f OAR, PROPOSFO CAMPUS
Shadow Study
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
Here are images of the surrounding neighborhood and sites to be incorporated into the Westminster
Canterbury campus:
View of existing campus from Ocean Shore Drive Future Healthcare Building site from Ocean Shore Drive
Lynnhaven Fishing Pier from Ocean Shove Drive Future Independent Living Building site from Ocean Shore Drive
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
July 28, 2020
74
CITY MANAGER'S BRIEFINGS
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
MODIFICATION OF CONDITIONS& THALIA ROAD PARTNERS REZONING
ITEM#70573
(Continued)
HAN K
Chesapeake Bay Future # ^ �_
Independent
Living Building f'�.4
-- -g 3' .._ -.
--
�_ � bbca.W wwr
. 1 -_
s Exirting Camtf -3 ,� _ �
�-� I'. future �,
I. a - -+lealthore _ -
r> —, . ` Building ,,
1 -- —
o .� = -
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
Thalia Road Partners, LLC, is requesting a Conditional Rezoning for property located at the northeast
corner of the Thalia Road and Virginia Beach Boulevard from B-2 District Community Business District
to Conditional B-4 Mixed-Use District to redevelop the site with three (3) new buildings with a maximum
of 261 multi family dwelling units and 6,500 square feet of new commercial uses:
THALIA ROAD PARTNERS, LLC
Council District Lynnhaven
Location 4216&4220 Virginia Beach Boulevard
/I ti
R15
I
.. I R75
.
ii ,
CONDITIONAL REZONING
(B-2 Community Business District to Conditional B-4 Mixed-Use District)
July 28, 2020
75
CITY MANAGER'S BRIEFINGS
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
MODIFICATION OF CONDITIONS& THALIA ROAD PARTNERS REZONING
ITEM#70573
(Continued)
Nib
THALIA ROAD PARTNERS,LLC
These buildings will remain:
F
_ 2
THALIA ROAD PARTNERS,LLC
July 28, 2020
76
CITY MANAGER'S BRIEFINGS
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
MODIFICATION OF CONDITIONS& THALIA ROAD PARTNERS REZONING
ITEM#70573
(Continued)
15 .i i 1. - . .
IBA
THALIA ROAD PARTNERS,LLC
Here is the Concept Plan:
v !
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moue MANN d•Y^n d �� e �
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Met.
TOM ' 1 .4e.;.....,, Ivi.7._,.:11r4"z; •v:::.,L r'r_._:tiii,4..11 ..,
wiurw.+.�a.aswn•n• VIrBMle Bead Boulevard
THALIA ROAD PARTNERS,LLC
July 28, 2020
77
CITY MANAGER'S BRIEFINGS
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
MODIFICATION OF CONDITIONS& THALIA ROAD PARTNERS REZONING
ITEM#70573
(Continued)
This is an elevation of the proposed multi family building:
ism r
minnEvAao vs MU.¢ 4w ARO.WKSAR... £ ENTUR=
THALIA ROAD PARTNERS,LLC
The first building is proposed as a four(4)story podium-style building with ground floor parking,for a
total offive(5)stories:
s\�ar •
ti W .-r., t
•
VENTUR=
THALIA ROAD PARTNERS,LLC
July 28, 2020
78
CITY MANAGER'S BRIEFINGS
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
MODIFICATION OF CONDITIONS& THALIA ROAD PARTNERS REZONING
ITEM#70573
(Continued)
The second building is designed as a five(5)story structure:
•
r•
• •
-p'•• �a
N.a• •.
a•u •:
1gE1r,1E,ao.,,..,,. ...Br.,.kw. .•r.CM A�.. Ca& VENTUR=
THALIA ROAD PARTNERS,LLC
Sixteen (16) three(3)story townhouses are proposed on the northern most portion of the property:
9ia��a��a•� iaeaiio aa,.'•'.aa. •ss :a
:+E a-.�_-i— 1^!'
•m •m EC IC m m
■ a at •a a•
AIL
VENTUR=■1111
THALIA ROAD PARTNERS,LLC
July 28, 2020
79
CITY MANAGER'S BRIEFINGS
WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
MODIFICATION OF CONDITIONS& THALIA ROAD PARTNERS REZONING
ITEM#70573
(Continued)
After the Planning Commission hearing, the applicant revised the concept plan to provide 45 additional
parking spaces totaling 598 parking spaces; however, a total of 613 spaces is the minimum parking
requirement:
EITE DATA
awn,ado"
move me s.
LE.L UL 11,Lit T T n..... Revised
it parking area
.�..-.r. "'""." 'w `111717 Rom,. z to add 45
1 1 ru T additional
S ESQ I
`,;a; na k parking
T
s :1-�1 r spaces
�e e r.
�� ...
.... .e s `�� 1 I
.._ usain.dn ��11�.�.1�1
LIL
VIVIIIIIM X Boulevard
Proposed Revisions Following Planning Commission Public Hearing
THALIA ROAD PARTNERS,LLC
Mayor Dyer expressed his appreciation to Mr. Tajan for the presentation
Council Member Jones stepped out during the Westminster Canterbury on Chesapeake Bay portion of
the presentation
Council Member Moss noted his objection and stepped out during this presentation
Vice Mayor Wood and Council Member Wilson stepped out during this presentation.
July 28, 2020
s City cif Vir iriu i Beach
Rio zr
44,
ts
pF 0UR NAt��l1
LOUIS R.JONES PHONE: (757)583-0177
COUNCILMAN-DISTRICT 4-BAYSIDE FAX (757)426-5669
Refer to File No. 0067676
July 28, 2020
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia,
I make the following declarations:
1. I am executing this written disclosure regarding City Council's discussion and vote
on the application of Westminster Canterbury on Chesapeake Bay for a
modification of conditions to a conditional use permit for property located at 3100
Shore Drive.
2. I have an ownership interest in Hollomon-Brown Funeral Home, Inc. The
company's corporate headquarters is located at 8464 Tidewater Drive, Norfolk,
Virginia. Several years ago, Holloman-Brown Funeral Home entered into a
contract for services with the applicant, and that agreement remains in effect.
3. I will abstain from participating in the City Council's consideration of this item.
Please record this declaration in the official records of the City Council. Thank you.
Sincerely,
Louis R. Jone
Councilmember
LRJIRRI
1008 WITCH POINT TRAIL,VIRGINIA BEACH,VA 23455-5645
80
CITY COUNCIL COMMENTS
ITEM#70574
5:20 P.M.
Council Member Henley advised the Agriculture Advisory Commission had a lengthy meeting this month
and is addressing necessary adjustments to the Agriculture Reserve Program (ARP) as well as concerns
for a non-profit application to conduct hydroponic production in the Interfacility Traffic Area (ITA).
Council Member Henley wanted to ensure Council Members are aware of these issues in the event anyone
is asked. Council Member Henley advised the next quarterly meeting will be in October.
July 28, 2020
81
CITY COUNCIL COMMENTS
ITEM#70575
(Continued)
Council Member Moss referenced the Congressional Research Services'Economic Analysis and Impact
of COVID-19 Report, advising personal income increased 10%in April, largely due to an 88%increase
in income payments from Federal Economic Recovery Programs,personal consumption decreased by
13.6%and personal savings rates increased 33%. Council Member Moss advised the increases are due
to the Federal stimulus payments which cannot be sustained, and suggested City Council continue to
monitor the City's economy when stimulus payments are discontinued.
July 28, 2020
82
CITY COUNCIL COMMENTS
ITEM#70576
(Continued)
Vice Mayor Wood distributed a copy of Ordinance to Authorize the use of CARES Act Funding to provide
hazard pay and volunteer recognition and to transfer funds to various departments, attached hereto and
made a part of the record. Vice Mayor Wood advised if anyone would like to sponsor the Ordinance to
let him know as it will be considered at the next City Council Meeting on August 4th
July 28, 2020
REQUESTED BY VICE MAYOR WOOD
1 AN ORDINANCE TO AUTHORIZE THE USE OF
2 CARES ACT FUNDING TO PROVIDE HAZARD
3 PAY AND VOLUNTEER RECOGNITION AND TO
4 TRANSFER FUNDS TO VARIOUS
5 DEPARTMENTS
6
7 WHEREAS, the Coronavirus Aid, Relief, and Economic Security (CARES) Act of
8 2020 provides funding for a number of different programs to address the COVID-19
9 pandemic;
10
11 WHEREAS, the CARES Act allows hazard pay ("Hazard Pay") for employees that
12 provide substantial in-person services that increases the risk of exposure to COVID-19,
13 with the attached Exhibit A providing the approximate amounts and applicable positions;
14
15 WHEREAS, the City's volunteers providing emergency medical services have
16 faced similar risks as that of the City employees who are eligible for Hazard Pay, and
17 consistent with their status as volunteers, the City Council desires to authorize funding
18 for volunteer recognition activities either directly through the Department of Emergency
19 Medical Services and the Office of Volunteer Resources or provided to the volunteer
20 rescue squads that provide services to the residents of the City ("Volunteer Recognition");
21
22 WHEREAS, the City Council reserved use of $10 million of CARES Act funding
23 when the Council appropriated $39.3 million on July 7, 2020; and
24
25 WHEREAS, the City Council desires to use a portion of this reserved CARES Act
26 funding to provide Hazard Pay to those employees eligible for such pay by the CARES
27 Act and to provide funding for Volunteer Recognition;
28
29 NOW, THEREFORE, BE IT ORDAINED THE CITY COUNCIL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA, THAT:
31
32 The City Council hereby authorizes, from the $10,000,000 of CARES Act funds
33 previously reserved, the use of an amount up to $4,521,300 for Hazard Pay and $60,000
34 for Volunteer Recognition. For those amounts authorized for Hazard Pay, the
35 incorporated Exhibit A provides approximate amounts of funds to be transferred to each
36 department; provided if the review of the noted position provides that such position would
37 not be eligible for CARES Act funding, such funds may be retained within the reservation
38 of CARES Act funding for future action by the City Council. Of the amounts set forth for
39 Volunteer Recognition, the City Manager is authorized to make funds available to the
40 volunteer rescue squads for recognition activities such as cookouts, ice cone trucks, or
41 similar types of events.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2020.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CA15123
R-6
July 28, 2020
Exhibit A
Hazard Pay Hazard Pay FICA/
Position Filled Amount Total Medicare Total Departmental Total
Police
Police Recruit 46 2,000 92,000 7,038 99,038
Police Officer I 168 2,000 336,000 25,704 361,704
Police Officer II 92 2,000 184,000 14,076 198,076
Master Police Officer 354 2,000 708,000 54,162 762,162
Sergeant 94 2,000 188,000 14,382 202,382
Lieutenant 26 1,000 26,000 1,989 27,989
Police Captain 12 - - - -
Police Deputy Chief 3 - - - -
Chief 1 - - - -
1,651,351
Fire Department
Firefighter Recruit 1 2,000 2,000 153 2,153
Firefighter 118 2,000 236,000 18,054 254,054
Firefighter Medic 16 2,000 32,000 2,448 34,448
Master Firefighter 157 2,000 314,000 24,021 338,021
Master Firefighter Medic 55 2,000 110,000 8,415 118,415
Fire Captain 102 2,000 204,000 15,606 219,606
Battalion Chief 25 1,000 25,000 1,913 26,913
District Chief 6 - - - -
Deputy Chief 2 - - - -
Chief 1 - - - -
993,610
Emergency Medical Services
Paramedic 30 2,000 60,000 4,590 64,590
Senior Paramedic 16 2,000 32,000 2,448 34,448
EMS Captain 11 2,000 22,000 1,683 23,683
EMS Brigade Officer 6 1,000 6,000 459 6,459
EMS Division Officer 4 - - - -
EMS Deputy Chief 2 - - - -
Chief 1 - - - -
129,180
Sheriff's Office
Deputy Recruit 32 2,000 64,000 4,896 68,896
Deputy I 122 2,000 244,000 18,666 262,666
Deputy II 35 2,000 70,000 5,355 75,355
Master Deputy 123 2,000 246,000 18,819 264,819
Corporal 35 2,000 70,000 5,355 75,355
Sergeant 43 2,000 86,000 6,579 92,579
Lieutenant 12 1,000 12,000 918 12,918
Captain 8 - - - -
Chief Deputy 3 - - - -
Sheriff 1 - - - - 852,588
Human Services/Department of Heath/Other
Health Department 6 1,500 9,000 689 9,689
HS Positions Interacting w/Public TBD 548 1,500 822,000 62,883 884,883
894,572
Total CARES Act Eligible-Vice Mayor Wood Recommendation from July 21st Council Meeting 4,521,300
83
CITY COUNCIL COMMENTS
ITEM#70577
(Continued)
Council Member Tower advised the current conditions for Short Term Rental(STR) Conditional Use
Permits are not sufficient to protect residents in neighborhoods and believes the problem is going to get
worse. Council Member Tower advised he will only vote in favor of STR Applications with the following
modified conditions; reduction of number of people per bedroom from three (3) to two (2)and the number
of rental contracts per week from two (2) to one(1).
July 28, 2020
84
AGENDA REVIEW SESSION
ITEM#70578
5:30 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
E. ORDINANCES
1. Resolution to OPPOSE Offshore Drilling and Seismic Testing (Requested by Council Members
Abbott, Berlucchi, Tower, and Wilson)
2. Resolution to REQUEST the Circuit Court to Order a Referendum Election be held on November
3, 2020 re "Should the City Council adopt an ordinance requesting a change to the City Charter
that would provide for the election of councilmembers who represent each of the City's seven
residence districts only by voters who reside in the respective residence districts, as opposed to
the current system of at-large voting"(Requested by Councilmember Abbott)
3. Ordinance to GRANT a Non-Exclusive Franchise Agreement to Kitty Hawk Wind, LLC re install,
maintain and operate facilities in the public streets and rights-of-way for offshore wind energy
projects
4. Ordinance to AUTHORIZE temporary encroachments into portions of City's rights-of-way known
as Cape Henry Drive and Shore Drive located adjacent to 3325 and 3329 Shore Drive by Virginia
Pilot Association Land Trust re maintain an existing metal fence, sliding metal gate, brick
columns with lights,gate motor, electric hand holes, and keypad on pole
E. ORDINANCES:
ITEM#1 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER MOSS FILED A DISCLOSURE FOR ITEM#1
ITEM#2 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER MOSS FILED A DISCLOSURE FOR ITEM#3
July 28, 2020
85
AGENDA REVIEW SESSION
ITEM#70578
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
F. PLANNING
1. WILLIAM& MARIE BURKHOLDER/THOMAS P. JOHNSONfor a Conditional Use Permit
re short term rental at 4472 Ocean View Avenue, Unit B DISTRICT 4—BAYSIDE
2. VACATION PROPERTIES, LLC/SEAN& TIJUANA BELL for Conditional Use Permits re
short term rentals at 304 28"'Street:
a. Unit 310
b. Unit 311
DISTRICT 6—BEACH
3. ALLEN PRINCE for Conditional Use Permits re short term rentals at 512 21'Street:
a. Unit A
b. Unit B
DISTRICT 6—BEACH
4. MISSION ENTERPRISES, LLC for a Conditional Use Permit re short term rental at 517
Virginia Beach Boulevard DISTRICT 6—BEACH
5. JANET MARINO for a Conditional Use Permit re short term rental at 951 Maryland Avenue
DISTRICT 6—BEACH
6. HMC, LLC/MINH YOUNG for Conditional Use Permits re short term rental 4669 Merrimac
Lane DISTRICT 4—BAYSIDE
7. ARICA ATKINS& MELVINL.ATKINS,III for Conditional Use Permits re short term rentals
at 598 Pinewood Drive:
a. Unit 203
b. Unit 208
DISTRICT 6—BEACH
8. EMILYPERDONCIN&DENNIS SMITH for a Conditional Use Permit re short term rental at
2306 Oak Street DISTRICT S—LYNNHAVEN
9. GEOFFREY WHITESIDE for a Conditional Use Permit re short term rental at 131 South Thalia
Road DISTRICT S—LYNNHAVEN
10. JUSTYCE SWANGO / JAAG INVESTMENTS, INC. for a Conditional Use Permit at 521
Carolina Avenue DISTRICT 6—BEACH
July 28, 2020
86
AGENDA REVIEW SESSION
ITEM#70578
(Continued)
F. PLANNING:
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#2a/b WILL BE CONSIDERED SEPARATELY
ITEM#3a/b WILL BE CONSIDERED SEPARATELY
ITEM#4 WILL BE CONSIDERED SEPARATELY
ITEM#5 WILL BE CONSIDERED SEPARATELY
ITEM#6 WILL BE CONSIDERED SEPARATELY
ITEM#7a/b WILL BE CONSIDERED SEPARATELY
ITEM#8 WILL BE CONSIDERED SEPARATELY
ITEM#9 WILL BE CONSIDERED SEPARATELY
ITEM#10 WILL BE CONSIDERED SEPARATELY
July 28, 2020
87
ITEM#70579
Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PUBLIC CONTRACT: Discussion of the award of a public contract
involving the expenditure of public funds, and discussion of the terms or
scope of such contract, where discussion in an open session would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(29).
• Dome Site Entertainment Venue
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
*Council Member Moss stepped out during the Dome Site Entertainment Venue discussion due to a
conflict of interest.
July 28, 2020
88
ITEM#70579
(Continued)
Upon motion by Vice Mayor Wood, seconded by Council Member Wooten, City Council voted to proceed
into CLOSED SESSION at 5:16 P.M.
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
Closed Session 5:16 P.M. —5:55 P.M.
July 28, 2020
89
SPECIAL FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
JULY28,2020
6:00 P.M.
Mayor Dyer called to order the SPECIAL FORMAL SESSION of the VIRGINL4 BEACH CITY
COUNCIL in the City Council Chamber, City Hall, on Tuesday,July 28, 2020, at 6:03 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,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Guy K. Tower—Participated remotely from his home due to a medical
condition that prevented his physical attendance
Council Members Absent:
None
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 303 344 Street Suite
102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size
of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an
interest in numerous matters in which she is not personally involved and of which she does not have
personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and
Local Government Conflict of Interests Act(the "Act'), it is her practice to thoroughly review the agenda
for each meeting of City Council for the purpose of identifying any matters in which she might have an
actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she
identifies a matter in which she has a `personal interest,"as defined in the Act,she will file the appropriate
disclosure letter to be recorded in the official records of the City Council. Council Member Wilson
regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record.
July 28, 2020
90
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 28, 2020
91
ITEM—VII.A .
CERTIFICATION
ITEM#70580
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, Louis R. Jones, John D. Moss, Aaron R. Rouse,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Abstaining:
Guy K. Tower
Council Members Absent:
None
Council Member Tower did not participate in Cosed Session as he was participating in the meeting via
WebEx
Council Member Moss stepped out during the Dome Site Entertainment Venue discussion due to a
conflict of interest
July 28, 2020
Off . Z
•
iQ ?
t -� m
S
OF OUR !4P
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#70580 Page 91 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.
•manda Ba a es, MMC
City Clerk July 28, 2020
92
ITEM— VILB
MINUTES
ITEM#70581
Upon motion by Vice Mayor Wood, seconded by Council Member Wooten, City Council APPROVED the
MINUTES of the SPECIAL FORMAL SESSION of July 21,2020
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 28, 2020
93
ITEM— VILC
MAYOR'S PRESENTATION
ITEM#70582
PROCLAMATION
IRA AGRICOLA DAY
Mayor Dyer welcomed Ira Agricola, Executive Vice President, Government Affairs—Hampton Roads
Chamber of Commerce, and presented the Proclamation declaring July 28, 2020, "IRA AGRICOLA
DAY". Mayor Dyer recognized Mr.Agricola's thirty-nine(39)years of loyal service to the community as
"the voice of business in Hampton Roads"upon his retirement and encouraged all citizens to extend their
gratitude and congratulations.
Mr.Agricola expressed his appreciation to City Council for this recognition.
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 28, 2020
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Whereas:. Ira Agricola was horn in Portsmouth, Virginia,and graduated from Virginia Commonwealth
'University in 1976 with a Bachelor's Degree in Community Services;and
Whereas: The semester before he graduatedfrom Virginia Commonwealth Ira returned to Portsmouth to
workin municipalgovernment;and
Whereas: In 1981,Ira began his career with thie Chamber as the Executive(Director in Portsmouth;and
`Whereas: When the five city Chambers merged in 1984 to create the 7-lampton Worlds Chamber of
Commerce, Ira became the'Vice President to oversee the Executive Directors for each of the
five divisions.;and
Whereas: Ira received a graduate level certificate from the V.S. Chamber of Commerce Institute of
Organization Management at the `University of Delaware after completion of the six-year
professional development course in 1989 and is also a graduate of LEAD 7fampton Wadi
and-
'Whereas: Ira served as Executive Vice President for Governmental Affairs,where he championed issues
for the business community such as sustainable transportation funding and maintaining
Virginia as a sight-to-Work state while also remaining steadfast in his support for energy
issues,such as Offshore WindEnergy.
'Whereas: Ira lobbied at the locallevelfor the public private partnership that established Virginia Beach
Town Center,was an integral part of the City's efforts on BRAC and was one of the fountlars
of the Patriotic(Festival;a Military Celebration that honors our armed forces personnel and
their families;and
'Whereas: After dedicating 39 years of loyal service to our community as "'Ire Voice of Business in
7fampton[gads,"Ira is retiring to enjoy time at his family cottage in the Outer Banks with
his wife, Belinda and his granddaughter Emma. Ira will also continue his work with the
Patriotic Festivalserving as their chairman.
Now,Therefore,I,&hert M. Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby recognize:
July 28, 2020
Ira Agricola Day
In'Vagina Beach, and I encourage all citizens to extend their gratitude and congratulations to our colleague
andfiiendas he retires from the 7fampton'Rgads Chamber of Commerce,with all the best wishes for the future.
In'Witness Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach,
Virginia, to 6e affixed this Twenty-Eighth Day of July,Two Thousand-Twenty.
, 74tddis"44(../
py6ert M. "Bobby"Dyer
' *> Mayor
94
ITEM— VILD
SPECIAL FORMAL
SESSION AGENDA
ITEM#70583
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 E: 3 and 4
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,BY
CONSENT,Agenda Items Ordinances E:3 and 4
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
E. ORDINANCES/RESOLUTIONS
ITEM#1 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER MOSS WILL FILED A DISCLOSURE FOR ITEM#1
ITEM#2 WILL BE CONSIDERED SEPARATELY .
COUNCIL MEMBER MOSS WILL FILED A DISCLOSURE FOR ITEM#3
F.PLANNING:
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#2a/b WILL BE CONSIDERED SEPARATELY
ITEM#3a/b WILL BE CONSIDERED SEPARATELY
ITEM#4 WILL BE CONSIDERED SEPARATELY
ITEM#5 WILL BE CONSIDERED SEPARATELY
ITEM#6 WILL BE CONSIDERED SEPARATELY
ITEM#7a/b WILL BE CONSIDERED SEPARATELY
ITEM#8 WILL BE CONSIDERED SEPARATELY
ITEM#9 WILL BE CONSIDERED SEPARATELY
ITEM#10 WILL BE CONSIDERED SEPARATELY
July 28, 2020
95
ITEM— VILE.]
ORDINANCES/RESOLUTIONS
ITEM#70584
The following registered to speak:
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Jim Deppe, 904 General Hill Drive, Phone: 636-1169, spoke in SUPPORT
Upon motion by Council Member Wilson, seconded by Council Member Abbott, City Council ADOPTED
Resolution to OPPOSE Offshore Drilling and Seismic Testing (Requested by Council Members Abbott,
Berlucchi, Tower, and Wilson)
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Abstaining:
John D. Moss
Council Members Absent:
None
July 28, 2020
REQUESTED BY COUNCILMEMBERS ABBOTT, BERLUCCHI, TOWER, AND WILSON
1 A RESOLUTION OPPOSING OFFSHORE DRILLING AND
2 SEISMIC TESTING
3 WHEREAS, in 2015, local business organizations and Council-appointed advisory
4 agencies urged the City Council to oppose offshore oil and gas exploration, including the
5 Resort Advisory Commission, the City's Green Ribbon Committee, the Virginia Aquarium
6 Foundation, Lynnhaven River NOW, the Virginia Beach Hotel Association, and the
7 Virginia Beach Restaurant Association; and the Princess Anne Garden Club, the Virginia
8 Beach Garden Club, the Sandbridge Civic League and the Resort Beach Civic League
9 also expressed their opposition to offshore oil and gas exploration and supported the City
10 Council's vote that year to repeal a previously adopted resolution that had supported such
11 exploration;
12
13 WHEREAS, in 2017, the Virginia Beach City Council adopted a resolution
14 opposing offshore oil and gas exploration, including seismic testing;
15 WHEREAS, in 2018, the Virginia Beach City Council adopted a resolution to
16 reiterate its strong opposition to offshore oil and gas exploration, including seismic testing
17 and requesting the assistance of the Secretary of the Interior, United States Senators
18 Kaine and Warner, and Congressman Taylor in securing protections for Virginia's
19 coastline and its residents;
20 WHEREAS, as of 2020, 25 Virginia municipalities, including Virginia Beach,
21 Norfolk, Portsmouth, Hampton, and both Onancock and Northampton Counties, have
22 adopted resolutions opposing offshore drilling activities;
23 WHEREAS, as of 2020, Virginia's United States Senators Kaine and Warner and
24 United States Representatives Connolly, Scott, Beyer, McEachin, Luria, Spanberger, and
25 Wexton have all repeatedly expressed their strong opposition to offshore exploration and
26 drilling off the coast of Virginia;
27 WHEREAS, deep concerns remain that offshore energy exploration could conflict
28 with the Department of Defense's mission requirements, including expanded weapon and
29 sensor footprints and operations in the Mid-Atlantic Planning Area that includes areas off
30 of Virginia Beach's coastline;
31 WHEREAS, the tourism industry is vital to the City's economic prosperity,
32 accounting in 2018 for $1.6 billion in annual revenue, nearly 14,000 tourism-supported
33 local jobs, and $62.5 million in tourism-related taxes;
34 WHEREAS, for the good of all our residents and our economy, the City of Virginia
35 Beach must continue to protect and build upon our status as both one of the East Coast's
36 premier resort cities and a highly valued partner with the Navy, especially during the
37 current unprecedented health and economic crisis caused by COVID-19;
38 WHEREAS, WesternGeco, a British geophysical services company, has sought a
39 permit from the federal Bureau of Ocean Energy Management ("BOEM") to conduct
40 seismic testing to search for oil and gas off the coasts of North and South Carolina, and
41 although North Carolina filed a formal objection to the permit, the Assistant Secretary of
42 Commerce for Environmental Observation and Prediction, who performs the duties of
43 Under Secretary of Commerce for Oceans and Atmosphere, overrode North Carolina's
44 objection, which means the BOEM is no longer prohibited from issuing the permit to
45 WesternGeco;
46 WHEREAS, this area is dangerously close to Virginia's coast and could impact our
47 tourism and military operations, bringing the reality of seismic testing one step closer to
48 Virginia; and
49 WHEREAS, the Trump administration has proposed to expand offshore oil and
50 gas drilling to nearly all United States waters, including off the coast of Virginia;
51 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
52 OF VIRGINIA BEACH, THAT:
53 The City Council hereby reiterates its strong opposition to offshore oil and gas
54 exploration, including seismic testing, off the City's pristine coastline as well as in the
55 entire Atlantic;
56 The City Council urges the Bureau of Ocean Energy Management to deny the
57 permit sought by WesternGeco to conduct seismic testing off the Carolina coasts;
58 The City Council strongly supports the drilling protections included in the House's
59 draft FY2021 Interior-Environment Appropriations bill and urges the Senate to adopt
60 these protections in the final bill;
61 The City Council also strongly supports permanently extending the moratorium on
62 drilling exploration and drilling in the Eastern Gulf of Mexico, recognizing the importance
63 of both our coastal waters and the waters off of Florida's Gulf Coast to our national
64 security and military readiness;
65 The City Council formally requests that the Secretary of the Interior extend to
66 Virginia Beach and its residents, as well as our neighbors along the entire East Coast,
67 the same protections and exemption that have been promised to the Governor and
68 residents of Florida; that is, to fully remove the Atlantic and Eastern Gulf of Mexico from
69 consideration in the current proposal to expand drilling;
70 The City Council respectfully requests the assistance of United States Senators
71 Kaine and Warner, as well as Representative Luria, in securing these essential
72 protections for Virginia's coastlines and its residents, as well as our Atlantic coast
73 neighbors.
Adopted by the Council of the City of Virginia Beach this28th day of
July , 2020.
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In Reply Refer to 0067684 VBgov.com
JOHN MOSS PHONE: (757) 363-7745
COUNCILMAN-AT-LARGE JDMOSS@VBGOV.COM
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F)
Dear Mrs. Barnes:
In my seventeen years of service to the public on the City Council I have rarely abstained.
It is my position that state law sets the lowest standard of acceptable conflicts of interests. Unlike
the Commonwealth of Virginia's much lower standard of conflict of interests,the Federal standard
is one of avoiding even the appearance of a conflict.
The resolution on offshore drilling on City Council's July 28, 2020 agenda references the
Department of Defense's mission requirements.
As an employee of the Department of Defense, I have concluded that my participation in
the City Council's discussion and vote on this resolution would result in the appearance of a
conflict of interest under the "appearance of a conflict of interest standard." Therefore, my
decision is to abstain from the agenda item referenced in this letter for the aforementioned reason.
My bias is to vote, and I am not one to avoid controversy. My duty to preserve the public's
trust that I will uphold the highest ethical standards takes precedence. It is to the latter and higher
duty that my vote of abstention upholds.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
Thank you for your assistance and cooperation in this matter.
Sincerely,
i o . oss
Councilmember
JDM/RRI
4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455
96
ITEM— VILE.2
ORDINANCES/RESOLUTIONS
ITEM#70585
The following registered to speak:
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Teresa Dixon, 4001 Virginia Beach Boulevard, Suite 129, spoke in OPPOSITION
Lewis Hastie, 604 Pinetree Drive, Phone: 340-6107, did not respond
Jimmy Capps, 40 Cardinal Road, Phone: 266-2638, spoke in OPPOSITION
Ginger Capps, 31616`h Street, Phone: 286-0868, spoke in OPPOSITION
Samuel Small, 1221 Orkney Drive, Phone: 705-9957, spoke in SUPPORT
David Grochmal, 219A 68`h Street, Phone: 705-9011, spoke in OPPOSITION
Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in SUPPORT
Andrew Jackson, 153 Upperville Road, Phone: 490-0901, spoke in SUPPORT
A motion was made by Council Member Abbott, seconded by Council Member Moss, to APPROVE
Resolution to REQUEST the Circuit Court to Order a Referendum Election be held on November 3, 2020
re "Should the City Council adopt an ordinance requesting a change to the City Charter that would
provide for the election of councilmembers who represent each of the City's seven residence districts
only by voters who reside in the respective residence districts,as opposed to the current system of at-large
voting"(Requested by Councilmember Abbott)
Voting: 5-6(MOTION FAILED DUE TO A NEGATIVE VOTE)
Council Members Voting Aye:
Jessica P. Abbott, John D. Moss, Aaron R. Rouse, Guy K. Tower, and
Sabrina D. Wooten
Council Members Voting Nay:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
Louis R. Jones, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
July 28, 2020
97
ITEM— VII.E.3
ORDINANCES/RESOLUTIONS
ITEM#70586
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY
CONSENT, Ordinance to GRANT a Non-Exclusive Franchise Agreement to Kitty Hawk Wind, LLC re
install, maintain and operate facilities in the public streets and rights-of-way for offshore wind energy
projects
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Abstaining:
John D. Moss
Council Members Absent:
None
July 28, 2020
1 AN ORDINANCE GRANTING A NON-EXCLUSIVE
2 FRANCHISE TO OCCUPY THE CITY'S PUBLIC
3 STREETS AND RIGHTS-OF-WAY TO SUPPORT
4 THE COMPANY'S OFFSHORE WIND ENERGY
5 PROJECT(S) TO KITTY HAWK WIND, LLC
6
7 WHEREAS, Kitty Hawk Wind, LLC, a Delaware limited liability company
8 ("Avangrid"), desires to use and occupy the City's public streets and rights-of-way for
9 the purposes of constructing, installing, operating and maintaining the company's
10 underground and overhead transmission lines, fiber, collection and communication
11 lines, facilities and associated equipment to support Avangrid's offshore wind energy
12 project(s) off the coast of Virginia within and through the City; and
13
14 WHEREAS, the City of Virginia Beach (the "City") is agreeable to allowing
15 Avangrid to use the City's public streets and rights-of-way for the aforesaid purposes,
16 subject to the terms and conditions set forth in the summary of terms, attached hereto
17 as Exhibit A and made a part hereof (the "Summary of Terms").
18
19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21
22 That the City Manager is hereby authorized to execute a non-exclusive franchise
23 agreement with Avangrid, in accordance with the Summary of Terms, attached hereto
24 as Exhibit A and made a part hereof, and such other terms, conditions or modifications,
25 as may be acceptable to the City Manager and in a form deemed satisfactory by the
26 City Attorney.
27
28 Adopted by the Council of the City of Virginia Beach, Virginia, on this 28th day
29 of July , 2020.
APPROV D AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Economic Development City Attorney
CA14677
\\vbgov.com\dfsl\app I ications\citylaw\cycom 32\wpd ocs1d015\p035100632706.docx
July 8, 2020
R-1
1 AN ORDINANCE GRANTING A NON-EXCLUSIVE
2 FRANCHISE TO OCCUPY THE CITY'S PUBLIC
3 STREETS AND RIGHTS-OF-WAY TO SUPPORT
4 THE COMPANY'S OFFSHORE WIND ENERGY
5 PROJECT(S) TO KITTY HAWK WIND, LLC
6
7 WHEREAS, Kitty Hawk Wind, LLC, a Delaware limited liability company
8 ("Avangrid"), desires to use and occupy the City's public streets and rights-of-way for
9 the purposes of constructing, installing, operating and maintaining the company's
10 underground and overhead transmission lines, fiber, collection and communication
11 lines, facilities and associated equipment to support Avangrid's offshore wind energy
12 project(s) off the coast of Virginia within and through the City; and
13
14 WHEREAS, the City of Virginia Beach (the "City") is agreeable to allowing
15 Avangrid to use the City's public streets and rights-of-way for the aforesaid purposes,
16 subject to the terms and conditions set forth in the summary of terms, attached hereto
17 as Exhibit A and made a part hereof (the "Summary of Terms").
18
19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21
22 That the City Manager is hereby authorized to execute a non-exclusive franchise
23 agreement with Avangrid, in accordance with the Summary of Terms, attached hereto
24 as Exhibit A and made a part hereof, and such other terms, conditions or modifications,
25 as may be acceptable to the City Manager and in a form deemed satisfactory by the
26 City Attorney.
27
28 Adopted by the Council of the City of Virginia Beach, Virginia, on this 2 8 t h day
29 of July , 2020.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
OthL('
Economic Development City Attorney
CA14677
\\vbg ov.com1dfs 11a pp l icalions\citylaw\cycom 32\wpd ocs1d0151p0 35\00632706.docx
July 8, 2020
R-1
EXHIBIT A
KITTY HAWK WIND, LLC
FRANCHISE AGREEMENT
SUMMARY OF TERMS
Parties: City of Virginia Beach ("City") and Kitty Hawk Wind, LLC
("Avangrid")
Term: Initial term of twenty (20) years, with two (2) additional
renewal terms of ten (10) years each, maximum forty (40)
years.
Fee: $1,500 per mile or any portion thereof over which the
facilities are installed in the City's rights-of-way; allowed
under Va. Code §67-1103, as amended or pre-empted by
federal law.
Location: Company will purchase real property within the City for
potential project(s). The location of facilities installed within
the City's rights-of-way is anticipated to connect a location
off the coast of Sandbridge Beach to the real property that
Company eventually purchases.
Relocation: Avangrid is solely responsible for paying the cost of removal
or relocation of its facilities if a public project necessitates
their removal or relocation.
Special Consideration: City acknowledges that the facilities to be installed include
high voltage electrical cabling and lines. The City agrees to
take the unique nature of such facilities into consideration
when coordinating relocation and removal of such facilities.
Termination: Avangrid must remove its facilities upon termination of the
franchise or City may allow facilities to remain in place and
take ownership.
Insurance: Commercial General Liability (min. $2 million); Automobile
Liability (min. $1 million); Pollution Liability Insurance ($1
million). Alternatively, may have $5 million umbrella
coverage.
Surety: $25,000 letter of credit and $50,000 surety bond OR
$75,000 surety bond
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VBgov.com
JOHN MOSS July 28, 2020 PHONE: (757) 363-7745
COUNCILMAN-AT-LARGE JDMOSS @VBGOV COM
In Reply Refer to 0067686
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F)
Dear Mrs. Barnes:
Pursuant to the State and Local Government Conflict of Interests Act,I make the following
declaration:
1. I am executing this written disclosure regarding the City Council's consideration
and vote on an ordinance to grant a non-exclusive franchise to Kitty Hawk Wind,
LLC to support the company's offshore wind energy project.
2. I have a personal interest in Dominion Energy. Its corporate street address is 120
Tredegar Street, Richmond, Virginia 23219. The wind energy project may use
Dominion assets (including power lines) and connect to Dominion power grids.
3. I hereby disclose this interest, and I abstained from participation in the City
Council's consideration of this item.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
Thank you for your assistance and cooperation in this matter.
Sincerely,
IL xIkL-
John D. Moss
Councilmember
JDM/RRI
4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455
98
ITEM— VII.E.4
ORDINANCES/RESOLUTIONS
ITEM#70587
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE temporary encroachments into portions of City's rights-of-way
known as Cape Henry Drive and Shore Drive located adjacent to 3325 and 3329 Shore Drive by Virginia
Pilot Association Land Trust re maintain an existing metal fence,sliding metal gate, brick columns with
lights,gate motor, electric hand holes,and keypad on pole
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 28, 2020
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO
5 PORTIONS OF THE CITY'S
6 RIGHTS-OF-WAY KNOWN AS CAPE
7 HENRY DRIVE AND SHORE DRIVE BY
8 VIRGINIA PILOT ASSOCIATION LAND
9 TRUST ADJACENT TO 3325 and 3329
10 SHORE DRIVE
11
12 WHEREAS, the Virginia Pilot Association Land Trust("VPALT") is the owner
13 of property located at 3329 Shore Drive. VPALT desires to maintain an existing metal
14 fence, sliding metal gate, brick columns with lights, gate motor, electric hand holes, and
15 keypad on pole (collectively, the "Encroachments") adjacent to 3325 Shore Drive and within
16 the City's rights-of-way known as Cape Henry Drive and Shore Drive;
17
18 WHEREAS, there is a 10' public pedestrian access between the Lesner
19 Bridge and the Encroachments that shall remain open to the public and unaffected by the
20 Encroachments;
21
22 WHEREAS, the Association of Maryland Pilots Land Trust owns the property
23 located 3325 Shore Drive and consented to the Encroachments; and
24
25 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
26 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
27 the City's right-of-way subject to such terms and conditions as Council may prescribe.
28
29 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA:
31
32 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
33 2009 and 15.2-2107, Code of Virginia, 1950, as amended, VPALT, its assigns and
34 successors in title are authorized to maintain the Encroachments as shown on the exhibit
35 entitled: "EXHIBIT 'A' ENCROACHMENT EXHIBIT FOR PARCEL B-1 SUBDIVISION OF
36 PARCEL B SUBDIVISION OF PROPERTY OF ANNE M. BRAITHWAITE & HENRY S.
37 BRAITHWAITE, JR. (M.B. 186, PG. 2) FOR VIRGINIA PILOT ASSOCIATION," a copy of
38 which is attached hereto as Exhibit A, and on file in the Department of Public Works and to
39 which reference is made for a more particular description;
40
41 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject
42 to those terms, conditions and criteria contained in the Agreement between the City of
43 Virginia Beach and VPALT (the "Agreement"), an unexecuted copy of which has been
44 presented to the Council in its agenda, and will be recorded among the records of the
45 Clerk's Office of the Circuit Court of the City of Virginia Beach;
i
46
47 BE IT FURTHER ORDAINED, that the City Manager or his authorized
48 designee is hereby authorized to execute the Agreement; and
49
50 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
51 such time as VPALT and the City Manager or his authorized designee execute the
52 Agreement.
53
54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th
55 day of July , 2020.
CA14861
R-1
PREPARED: 6/25/20
\\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d024\p032\00647167.doc
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
PUBLIC WORKS, REAL ESTATE . AR E ER
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PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this day of , 2020, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and the CHARLES I. BOGGS, JR.,
JOHNATHAN D. WORTH and HERBERT ROBERTS GREEN, III, TRUSTEES OF THE
VIRGINIA PILOT ASSOCIATION LAND TRUST, ITS ASSIGNS AND SUCCESSORS
IN TITLE, "Grantee".
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "PARCEL B-2" as shown on that certain plat entitled:
"SUBDIVISION OF PARCEL `B SUBDIVISION OF PROPERTY OF ANNE M.
BRAITHWAITE & HENRY S. BRAITHWAITE, JR. (M.B.159, PG. 20) LYNNHAVEN
BOROUGH VIRGINIA BEACH, VIRGINIA," Scale 1" = 50', dated June 13, 1984, and
prepared by Miller-Fox-Stephenson, P.C. Said plat is recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia in Map Book 186, at page 2, and
being further designated, known, and described as 3329 Shore Drive, Virginia Beach,
Virginia 23451;
WHEREAS, it is proposed by the Grantee to maintain an existing metal
fence, sliding metal gate, metal gate, brick columns with lights, gate motor, electric hand
GPIN: CITY RIGHT OF WAY (NO GPIN REQUIRED OR ASSIGNED)
1489-78-7712 (3329 Shore Drive)
1489-78-8688 (3325 Shore Drive)
holes, and keypad on pole adjacent to 3325 Shore Drive (GPIN 1489-78-8688),
collectively, the "Temporary Encroachment", in the City of Virginia Beach; and
WHEREAS, the Association of Maryland Pilots Land Trust is the owner of
"PARCEL B-1" as shown on the aforesaid plat, and has consented to the Temporary
Encroachment; and
WHEREAS, in maintaining the Temporary Encroachment, it is necessary
that the Grantee encroach into portions of existing City's rights-of-way known as Cape
Henry Drive and Shore Drive, adjacent to 3325 Shore Drive, the "Encroachment Area";
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby
acknowledged, the City hereby grants to the Grantee permission to use the
Encroachment Area for the purpose of constructing and maintaining the Temporary
Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat consisting of twelve (12)
sheets entitled: "EXHIBIT 'A' ENCROACHMENT EXHIBIT
FOR PARCEL B-1 SUBDIVISION OF PARCEL B
SUBDIVISION OF PROPERTY OF ANNE M.
BRAITHWAITE & HENRY S. BRAITHWAITE, JR. (M.B. 186,
2
PG. 2) FOR VIRGINIA PILOT ASSOCIATION," a copy of
which is attached hereto as Exhibit "A" and to which
reference is made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood that the 10' public pedestrian access
between the Lesner Bridge and the Encroachments shall remain open to the public and
unaffected by the Encroachments.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the City shall be
provided continuous access, twenty-four (24) hours a day and seven (7) days a week,
to the gate and into the Encroachment Area for the inspection and maintenance of its
facilities located within Cape Henry Drive and Shore Drive.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
3
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood that any existing encroachments
referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of
the Grantee and the City disclaims any ownership interest or maintenance obligation of
such encroachments.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days' written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the Temporary
Encroachment.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
4
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, CHARLES I. BOGGS, JR., JOHNATHAN D.
WORTH and HERBERT ROBERTS GREEN, Ill, in their capacity as Trustees under the
VIRGINIA PILOT ASSOCIATION AND LAND TRUST, the said Grantee, have caused
this Agreement to be executed by their signatures. Further, that the City of Virginia
Beach has caused this Agreement to be executed in its name and on its behalf by its
City Manager and its seal be hereunto affixed and attested by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2020, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2020, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
VIRGINIA PILOT ASSOCIATION LAND
TRUST
(' b(.4. )5.--P------
By d_
CHARLES I. BOGGS, JR., Trustee
By
J /L,^1/1
NATHAN D. WORTH, Trustee
By ,/
HERBERT ROBERTS GREEN, III,
Trustee
STATE OF V if((0‘Nk(l
CITY/COUNTY OF `t 4 .A-\, , to-wit:
The foregoing instrument was acknowledged before me this G day of
3-k\l.-1 , 2020, by CHARLES I. BOGGS, JR., Trustee of VIRGINIA PILOT
ASSOCIATION LAND TRUST.
---- CV ,L- ,,V EAL)
Notary Pu lic
Notary Registration Number: 7 D' 32 to
My Commission Expires: \ 0 3 -d210 a
••
NOTARY
PUBLI
• REG.#7013261
n• i MY COMMISSION: a'
t. EXPIRES d 2
,\,,10/31/2022 '
ti ALTMO ,.`''
7
•
STATE OF \V-(p\ \!
CITY/COUNTY OF V ilt.t9i0Pi -to-wit:
The foregoing instrument was acknowledged before me this q day of
, 2020, by JOHNATHAN D. WORTH, Trustee of VIRGINIA PILOT
ASSOCIATION AND LAND TRUST.
C..r,(:?i N ( EAL)
Notary Public
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PILOT ASSOCIATION AND LAND TRUST.
QU LC (SEAL)
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SHORE OR
A
SITE
SHORE DR
CLEAR AREA APPROX. 10'
1489-78-7712
CAPE HENRY DR
/1489-78-8688k
i
7 I
Legend
Q 1489-78-7712
LOCATION MAP
1489-78-8688 ENCROACHMENT REQUEST
Block Wall FOR VIRGINIA PILOT ASSOCIATION ETC
VA 10' Pedestrian Access Area GPIN 1489-78-7712 &
ASSOC OF MARYLAND PILOTS ETC
x—x- Fence
GPIN 1489-78-8688
Note: This property is not Feet
located in AICUZ Noise Zone 0 25 50 100
:-.*114. W B
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CLEAR AREA APPROX. 10
z
• r�" "'" 1489-78-7712 r.
sw,
' CAPE HENRY DR
, .5 ,.4 1489-78-8688
,t
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Legend LOCATION MAP
1489-78-7712 ENCROACHMENT REQUEST
FOR VIRGINIA PILOT ASSOCIATION ETC
�as9-7s-sass GPIN 1489-78-7712 &
Block Wall ASSOC OF MARYLAND PILOTS ETC
GPIN 1489-78-8688
/�/ Pedestrian Access Area
Feet
x—x- Fence • 0 25 50 100
CEIVED
APPLICANT'S NAME Virginia Pilot Association MAR 18 2020
REAL ESTATE
DISCLOSURE STATEMENT FORM
The completion and submission of this form is required for all applications
that pertain to City real estate matters or to the development and/or use of
property in the City of Virginia Beach requiring action by the City Council or
a board, commission, or other body appointed by the City Council. Such
applications and matters include, but are not limited to, the following:
Acquisition of Property Disposition of City Modification of
by City Property Conditions or Proffers
Alternative Economic Development Nonconforming Use
Compliance, Special Investment Program Changes
Exception for (EDIP) _
Board of Zoning Encroachment Request Rezoning
Appeals
Certificate of Floodplain Variance
Appropriateness Street Closure
(Historic Review Board) Franchise Agreement
Chesapeake Bay
Preservation Area Lease of City Property Subdivision Variance
Board
Conditional Use Permit License Agreement Wetlands Board
4 •
The disclosures contained in this form are necessary to inform
public officials who may vote on the application as to whether
they have a conflict of interest under Virginia law.
4
•
SECTION 1 / APPLICANT DISCLOSURE
FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7
Plannin.:. Commission and Cit. Council meetin.,that;•ertains to the a, ;.lication(s).
El APPLICANT NOTIFIED OF HEARING DATE:
NO CHANGES AS OF DATE: '7//ylc2o ,
REVISIONS SUBMITTED DATE:
V13
Virginia Beach
• Check here if the APPLICANT IS NOT a corporation, partnership, firm,
business, or other unincorporated organization.
• Check here if the APPLICANT IS a corporation, partnership, firm, business, or
other unincorporated organization.
(A) List the Applicant's name:Virginia Pilot Association
If an LLC, list all member's names:
If a CORPORATION, list the the names of all officers, directors, members,
trustees, etc. below: (Attach list if necessary)
Unincorporated Association - see attached list of Directors and Offficers and list
of members.
(B) List the businesses that have a parent-subsidiary t or affiliated business entity 2
relationship with the Applicant: (Attach list if necessary)
Virginia Pilot Corporation
Virginia Pilot Boat Corporation
See next page for information pertaining to footnotes and 2
SECTION 2 / PROPERTY OWNER DISCLOSURE
Complete Section 2 only if property owner is different from Applicant.
n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm,
business, or other unincorporated organization.
• Check here if the PROPERTY OWNER IS a corporation, partnership, firm,
business, or other unincorporated organization, AND THEN, complete the
following.
Charles I. Boggs,Jr.,JonaVthan D. , ob
(A) List the Property Owner's name:_ tt s-tmrrThe trgtrtt PttdtWorth AssociationandHerbert LandR Trusterts Green,III,
If an LLC, list the member's
names:
Page 2 of 7
NAB
irginia Beach
If a Corporation, list the names ofall officers, directors, members, trustees,
etc. below: (Attach list if necessary)
(B) List the businesses that have a parent-subsidiary 1 or affiliated business entity
2 relationship with the Property Owner: (Attach list if necessary)
Virginia Pilot Association
Virginia Pilot Corporation
Virginia Pilot Boat Corporation
1 'Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or
indirectly owns shares possessing more than 50 percent of the voting power of another corporation."
See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary
relationship, that exists when (i) one business entity has a controlling ownership interest in the other
business entity, (II) a controlling owner in one entity is also a controlling owner in the other entity, or
(lii) there Is shared management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship include that the
same person or substantially the same person own or manage the two entities; there are common or
commingled funds or assets; the business entities share the use of the same offices or employees or
otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close
working relationship between the entities." See State and Local Government Conflict of Interests Act,
Va. Code § 2.2-3101
SECTION 3. SERVICES DISCLOSURE
Are any of the following services being provided in connection with the subject of the
application or any business operating or to be operated on the Property. If the answer
to any item is YES, please identify the firm or individual providing the service: IF THE
OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION
SEPERATELY
Page 3 of 7
NAB
APPLICANT Virginia Beach
YES NO SERVICE PROVIDER (use additional sheets if
needed)
=' Accounting and/or preparer of
your tax return
® Architect/ Landscape Architect /
Land Planner
Contract Purchaser (if other than
El El the Applicant) - identify purchaser
and purchaser's service providers
Any other pending or proposed
Vpurchaser of the subject property
(identify purchaser(s) and
purchaser's service providers)
X Construction Contractors
lnlEl Engineers/Surveyors/Agents W.P Large, Inc.d/b/a WPL
Financing (include current
® mortgage holders and lenders
selected or being considered to
provide financing for acquisition
or construction of the property)
Legal Services Van deventer Bieck LLB
Real Estate Brokers /
n ICI Agents/Realtors for current and
anticipated future sales of the
subject property
SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR
EMPLOYEE
YES NO Does an official or employee of the City of Virginia Beach have
❑ r\/ an interest in the subject land or any proposed development
contingent on the subject public action?
If yes, what is the name of the official or employee and what is the nature of the
interest?
Page 4 of 7
Virginia Beach
CERTIFICATION:
I certify that all of the information contained in this Disclosure Statement Form is
complete, true, and accurate.
I understand that, upon receipt of notification that the application has been
scheduled for public hearing, I am responsible for updating the information
provided herein two weeks prior to the Planning Commission, Council, VBDA
meeting, or meeting of any public body or committee in connection with this
Application.
n t t ICANT' IGNATURE I PRINT NAME DATE
w* '(hCit P rnioic W C v% 311.2d
Pi-lv!-/15s n.
Page 5 of 7
OWNER Virginia Beach
YES NO SERVICE PROVIDER (use additional sheets If]
needed)
n n Accounting and/or preparer of
your tax return
❑
Architect / Landscape Architect /
Land Planner
Contract Purchaser(if other than❑
the Applicant) - identify purchaser
and purchaser's service providers
Any other pending or proposed
❑ ® purchaser of the subject property
(identify purchaser(s) and
purchaser's service providers)
nn Construction Contractors
❑ C Engineers/Surveyors/Agents
Financing (include current
❑ ® mortgage holders and lenders
selected or being considered to
provide financing for acquisition
or construction of the property)
Legal Services
Real Estate Brokers /
Agents/Realtors for current and
rAio anticipated future sales of the
subject property
SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR
EMPLOYEE
YES NO Does an official or employee of the City of Virginia Beach have
❑ a an interest in the subject land or any proposed development
contingent on the subject public action?
If yes, what is the name of the official or employee and what is the nature of the
interest?
Page 6 of 7
oeof
Virginia Beach
CERTIFICATION:
I certify that all of the information contained in this Disclosure Statement Form is
complete, true, and accurate.
I understand that, upon receipt of notification that the application has been
scheduled for public hearing, I am responsible for updating the information
provided herein two weeks prior to the Planning Commission, Council, VBDA
meeting, or meeting of any public body or committee in connection with this
Application.
ROPE TY OWNER'S SIGNATURE PRINT NAME DATE
ALV xdyxklk- U ice Presib P,(0- 41,,. T ww C ti;sw v a 3-!Ho
Page 7 of 7
OFFICERS: J.W. Whiting Chisman President
Frank M. Rabena Vice President
Kevin D. Hartz Asst. Vice President
Karen Smith Secretary
E. Waightstill Avery Treasurer
BOARD OF DIRECTORS: J.W. Whiting Chisman(Chairman)
Charles I. Boggs,Jr.
Michael S. Eubanks
Jacob R. Johnson
David B. Ware
PILOTS:
BEHM, Christopher H.
BOGGS, Charles I.
AVERY, E. Waightstlll
CALLIS, Robert H., III
CHISMAN,J. Whiting
COFER,J. William
COLLINS,January N.
DIGGS,William G.
DODSON, Ernest W.,Jr.
EDMUNDS, Milton B.
EUBANKS, Michael S.
EVANS, Mark S.
FITZGERALD,Tazewell
GRAY, N.Turner,Jr.
GREEN, Herbert R.
GREEN, Nathaniel T., II
HALSTEAD,Adam L.
HARTZ, Kevin D.
HEATH, David
HOFFMAN, C. Howard
HOPE, Richard Keith
HUFFMAN, Charles A., V
JAMISON, Chadwick M.
JOHNSON,Jacob
MCKNEW,Joseph
MEYER, Dale A.
RABENA, Frank M.
RECTOR, Roy A.,Jr.
ROGERS, Torrence A.
SAUNDERS, William G., Jr.
SCHACHERER,Joseph M., III
SCHILL, Gustave Benedikt,Jr.
SPECKHART, Benjamin L.
TRIMBLE,James South
WARE, David B.
WILLSON, Gregory R.
WORTH,Jonathan D.
YOUNG, Clarence M.
it hereby certify that the above are the current Officers, Board of Directors and Pilots
for the Virginia Pilot Association this'day of May, 2020.
``„oo,I111111/ ,,,
•1" CA JO,6",,��
NOTARY
PUBLIC \
REG.#7013261 : Notary Public
i o MY COMMISSION i
; ,. EXPIRES Q
10/31/2022
C.
O
99
ITEM— VII.F.1
PLANNING
ITEM#70588
The following registered to speak:
William Burkholder,Applicant, 4472 Oceanview Avenue, Unit B,Phone 571-228-9801,spoke in SUPPORT
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Scott Reppert, 4470-A Oceanview Avenue, Phone: 635-7788, spoke in OPPOSITION
John Ince, 4468-A Oceanview Avenue, Phone: 464-5032, spoke in OPPOSITION
Upon motion by Council Member Jones, seconded by Council Member Moss, City Council DENIED
Application of WILLIAM& MARIE BURKHOLDER/THOMAS P. JOHNSON for a Conditional Use
Permit re short term rental at 4472 Ocean View Avenue, Unit B 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 28, 2020
100
ITEM— VII.F.2a/b
PLANNING
ITEM#70589
The following registered to speak:
Tijuana Bell, Applicant, 1310 Dominion Lake Boulevard, Chesapeake, spoke in SUPPORT
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Upon motion by Council Member Tower, seconded by Council Member Abbott, City Council APPROVED,
AS CONDITIONED, AS AMENDED, Application of VACATION PROPERTIES, LLC/SEAN &
TIJUANA BELL for Conditional Use Permits re short term rentals at 304 2e Street, Units 310 and 311
DISTRICT 6-BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
VACATION PROPERTIES, LLC / SEAN & TIJUANA BELL for
Conditional Use Permits re short term rentals at 304 28t" Street, Units
310 and 311 (GPINs 24280028663010& 24280028663011)DISTRICT 6
-BEACH
The following condition shall be required:
1. The following conditions shall only apply to the dwelling units addressed as 304 28th
Street, Units 310 and 311, 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.
3. 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 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 two)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.
July 28, 2020
101
ITEM— VII.F.2a/b
PLANNING
ITEM#70589
(Continued)
6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c'below. This information must be
submitted to the Planning Department for review and approval. This shall be done within
six(6) months of the property real estate transaction closing date.
a. A completed Department of Planning and Community Development Short Term Rental
Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of registration; and
c. Proof of liability insurance applicable to the rental activity of at least$1-Million.
7. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term Rental.
11. No signage shall be on site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
12. The Short Term Rental shall have no more than one (1) rental contracts during any
consecutive seven (7)day period.
13. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be two (2) 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 28, 2020
102
ITEM— VII.F.2a/b
PLANNING
ITEM#70589
(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 28th day of July Two
Voting: 10-1
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, 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 Voting Nay:
Barbara M. Henley
Council Members Absent:
None
July 28, 2020
lr--t_--
vii gm
0, 1OR
1 Imo_ _CI
, w
CD 1
t
tea—
— =«
0 ;� 2801 S r ;R
OR , /�'#�� 'i co
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1T, 0�/ Q ,1 coo27tC
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ctiz
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co 0
7
CD ` treat , Z.
a
ci -- --
treat 27th �, A-12 r eat
a A-36 \ 2Zth Street
� � .72`.‘ 0
�-120 1� _-" 2Zth Street
oc3\ nth Street \-----OR
V Q R-5S 2
027th Street OR
p-1 �0 - �12
Site
Pro art Poi ons Vacation Properties, LLC ��` t
Zoningy Yg 304 28th Street, Units 310 & 311 `
Parking Lot Drive Aisle Feet
Building 0 2040 80 120 160 200 240
103
ITEM— VIL.F.3a
PLANNING
ITEM#70590
The following registered to speak:
Allen Prince—Applicant, 525 21S1 Street, Phone: 589-1519, spoke in SUPPORT
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Upon motion by Council Member Tower, seconded by Council Member Wilson, City Council APPROVED,
AS CONDITIONED, AS AMENDED, Application of ALLEN PRINCE for Conditional Use Permit re
short term rental at 525 21'Street Unit A DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ALLEN PRINCE for Conditional Use Permit re short term rental at 525
21'Street Unit A (GPIN 24179861780000)DISTRICT 6—BEACH
The following condition shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 525 21 S`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. 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
resident passes only. Guest and temporary passes 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 two)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 28, 2020
104
ITEM— VII.F.3a
PLANNING
ITEM#70590
(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 Planning Department 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 one (1) 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 two (2) 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 28, 2020
105
ITEM— VIL.F.3a
PLANNING
ITEM#70590
(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 28`h day of July Two Thousand
Twenty.
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, 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 Voting Nay:
Barbara M. Henley
Council Members Absent:
None
July 28, 2020
R
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t Half Street V
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Site
Property_Polygons
Allen Prince `�
Zoning 525 21st Street, Unit A 5
Parking Lot Drive Aisle Feet
Building 0 510 20 30 40 50 60
106
ITEM— VILF.3b
PLANNING
ITEM#70591
The following registered to speak:
Allen Prince—Applicant, 525 21'Street, Phone: 589-1519, spoke in SUPPORT
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Upon motion by Council Member Tower, seconded by Council Member Wilson, City Council APPROVED,
AS CONDITIONED, AS AMENDED, Application of ALLEN PRINCE for Conditional Use Permit re
short term rental at 525 21'Street Unit B DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ALLEN PRINCE for Conditional Use Permit re short term rental at 525
21'Street Unit B (GPIN 24179861780000)DISTRICT 6—BEACH
The following condition shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 525 21'Street,
Unit B, 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
resident passes only. Guest and temporary passes 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 two)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 28, 2020
107
ITEM— VILF.3b
PLANNING
ITEM#70590
(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 Planning Department 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 one (1) 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 two (2) 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 28, 2020
108
ITEM- VILF.3b
PLANNING
ITEM#70590
(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 28`1 day of July Two Thousand
Twenty.
Voting: 10-1
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M. Dyer, 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 Voting Nay:
Barbara M.Henley
Council Members Absent:
None
July 28, 2020
i -Street—
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Property_Polygons Allen Prince
Zoning 525 21st Street, Unit B 5
Parking Lot Drive Aisle Feet
r j Building 0 1020 40 60 80 100 120
109
ITEM— VII.F.4
PLANNING
ITEM#70592
The following registered to speak:
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Upon motion by Council Member Tower, seconded by Council Member Abbott, City Council APPROVED,
AS CONDITIONED,AS AMENDED,Application of MISSION ENTERPRISES,LLC for a Conditional
Use Permit re short term rental at 517 Virginia Beach Boulevard DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MISSION ENTERPRISES, LLC for a Conditional Use Permit re short
term rental at 517 Virginia Beach Boulevard (GPIN 24270626510000)
DISTRICT 6—BEACH
The following condition shall be required:
1. The following conditions shall only apply to the second floor dwelling unit addressed as
517 Virginia Beach Boulevard, and the Short Term Rental use shall only occur in the
existing mixed use building type.
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 notes the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing,zoning,fire or other similar codes.
4. No events 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 two)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 Planning Department 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
July 28, 2020
110
ITEM— VII.F.4
PLANNING
ITEM#70592
(Continued)
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 one (1) rental contracts during any
consecutive seven (7) day period.
13. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1- Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be two (2) 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 28t day of July Two Thousand
Twenty.
July 28, 2020
111
ITEM— VILF.4
PLANNING
ITEM#70592
(Continued)
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, 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 Voting Nay:
Barbara M. Henley
Council Members Absent:
None
July 28, 2020
B uie�ar
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Site I, A
Property_Polygons Mission Enterprises, LLC 1CW
517 Virginia Beach Boulevard s
7-1 Zoning
Parking Lot Drive Aisle Feet
Building 012.525 50 75 100 125 150
112
ITEM— VII.F.5
PLANNING
ITEM#70593
The following registered to speak:
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Upon motion by Council Member Tower, seconded by Council Member Abbott, City Council APPROVED,
AS CONDITIONED,AS AMENDED,Application of JANET MARINO for a Conditional Use Permit re
short term rental at 951 Maryland Avenue DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
JANET MARINO for a Conditional Use Permit re short term rental at
951 Maryland Avenue(GPIN 2417834418)DISTRICT 6—BEACH
The following condition shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 951 Maryland
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 two) 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 28, 2020
113
ITEM— VII.F.5
PLANNING
ITEM#70593
(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 one (1) 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 two (2) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 28th day of July Two Thousand
Twenty.
July 28, 2020
114
ITEM— VILF.5
PLANNING
ITEM#70593
(Continued)
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, 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 Voting Nay:
Barbara M. Henley
Council Members Absent:
None
July 28, 2020
a
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venue
Site
" Janet Marino ` '_
Property_Polygons
951 Maryland Avenue
Zoning
Parking Lot Drive Aisle Feet
1 Building 0 5 10 20 30 40 50 60
•
115
ITEM— VILF.6
PLANNING
ITEM#70594
The following registered to speak:
Rosemary Collie,Representing Applicant, Phone:560-0577, spoke in SUPPORT
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Upon motion by Council Member Jones,seconded by Council Member Wilson, City Council APPROVED,
AS CONDITIONED,AS AMENDED,Application of HMC,LLC/MINH YOUNG for Conditional Use
Permits re short term rental 4669 Merrimac Lane DISTRICT 4-BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
HMC,LLC/MINH YOUNG for Conditional Use Permits re short term
rental 4669 Merrimac Lane(GPIN 1478318103)DISTRICT 4-BAYSIDE
The following condition shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 4669 Merrimac
Lane 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 two)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 28, 2020
116
ITEM— VILF.6
PLANNING
ITEM#70594
(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 one (1) 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. dollars 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 two (2) 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 28`h day ofJuly Two Thousand
Twenty.
July 28, 2020
117
ITEM— VII.F.6
PLANNING
ITEM#70594
(Continued)
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, 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:
Barbara M. Henley
July 28, 2020
A-12*
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Property_Polygons
HMC, LLC �� V
4669 Merrimac Lane
Zoning
Parking Lot Drive Aisle Feet
1 Building 0 510 20 30 40 50 60
118
ITEM— VII.F.7a/b
PLANNING
ITEM#70595
The following registered to speak:
John Richardson,Attorney for Applicant, 200 Bendix Road#300, Phone: 554-0252, spoke in SUPPORT
Arica Atkins,Applicant, 598 Pinewood, Phone: 618-2200, withdrew request to speak
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Upon motion by Council Member Tower, seconded by Council Member Moss, City Council APPROVED,
AS CONDITIONED,AS AMENDED,Application of ARICA ATKINS&MELVIN L.ATKINS,HI for
Conditional Use Permits re short term rentals at 598 Pinewood Drive Units 203 and 208 DISTRICT 6—
BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ARICA ATKINS & MELVIN L. ATKINS, III for Conditional Use
Permits re short term rentals at 598 Pinewood Drive Units 203 & 208
(GPINs 24270434561041 &27270434561046)DISTRICT 6—BEACH
The following condition shall be required:
1. The following conditions shall only apply to the dwelling units addressed as 598 Pinewood
Drive (#203 and #208) 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.
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
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 with more than the permitted number ofpeople who may stay overnight(number
of bedrooms multiplied by two)shall be held at the Short Term Rental and the property on
which it is located. This Short Term Rental property may not request or obtain a Special
Event Permit under City Code Section 4-1 (8a).
July 28, 2020
119
ITEM— VII.F.7a/b
PLANNING
ITEM#70595
(Continued)
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 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 one (1) 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. dollars 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 two (2) individuals per bedroom.
July 28, 2020
120
ITEM— VII.F.7a/b
PLANNING
ITEM#70595
(Continued)
17. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 28`"day of July Two Thousand
Twenty.
•
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, 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:
Barbara M. Henley
July 28, 2020
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Property_Polygons
Zoning
598 Pinewood Drive, Units 203 and 208 S
Parking Lot Drive Aisle Feet
Building 0 1530 60 90 120 150 180
121
ITEM— VIL.F.8
PLANNING
ITEM#70596
The following registered to speak:
Dennis Smith, Applicant, 2306 Oak Street, Phone: 718-644-1167, spoke in SUPPORT
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, AS AMENDED, Application of EMILY PERDONCIN & DENNIS SMITH for a
Conditional Use Permit re short term rental at 2306 Oak Street DISTRICT S—LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
EMILY PERDONCIN&DENNIS SMITH for a Conditional Use Permit
re short term rental at 2306 Oak Street (GPIN 15904173230000)
DISTRICT S—LYNNHAVEN
The following condition shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 2306 Oak 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. 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 notes the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire or other similar codes.
4. No events with more than the permitted number ofpeople who may stay overnight(number
of bedrooms multiplied by two)shall be held at the Short Term Rental and the property on
which it is located. This Short Term Rental property 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 28, 2020
122
ITEM— VII.F.8
PLANNING
ITEM#70596
(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 one (1) 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 two (2) 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 28`h day of July Two Thousand
Twenty.
July 28, 2020
123
ITEM— VILF.8
PLANNING
ITEM#70596
(Continued)
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, 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:
Barbara M. Henley
July 28, 2020
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Property_Polygons Emily Perdoncin & Dennis Smith
2306 Oak Street
Zoning
Parking Lot Drive Aisle 111:13Feet
7 I RI!Minn 0 510 20 30 40 50 60
124
ITEM— VILF.9
PLANNING
ITEM#70597
The following registered to speak:
Melissa Whiteside,Applicant, 131 South Thalia, Phone: 704-771-6392, spoke in SUPPORT
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council DEFERRED TO
SEPTEMBER 1, 2020,Application of GEOFFREY WHITESIDE for a Conditional Use Permit re short
term rental at 131 South Thalia Road DISTRICT S—LYNNHAVEN
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, 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:
Barbara M. Henley
July 28, 2020
125
ITEM— VILF.10
PLANNING
ITEM#70598
The following registered to speak:
Jason Swango,Applicant, 435 Carolina Avenue, Phone: 289-8375, spoke in SUPPORT
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Upon motion by Council Member Tower, seconded by Council Member Rouse, City Council APPROVED,
AS CONDITIONED, AS AMENDED, Application of JUSTYCE SWANGO/JAAG INVESTMENTS,
INC.for a Conditional Use Permit re short term rental at 521 Carolina Avenue DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Application of JUSTYCE SWANGO/JAAG INVESTMENTS,INC.for
a Conditional Use Permit re short term rental at 521 Carolina Avenue
(GPIN 24271301130000)DISTRICT 6—BEACH
The following condition shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 521 Carolina
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. As illustrated within the "Site Layout and Parking Plan"section of this report,four off-
street, all-weather, hard surface, parking spaces are required and must always be
available to the Short Term Rental occupants while renting the unit.
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 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.
6. No events with more than the permitted number of people who may stay overnight(number
of bedrooms times two)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).
July 28, 2020
126
ITEM— VILF.10
PLANNING
ITEM#70598
(Continued)
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.
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 one (1) 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 two (2) individuals per bedroom.
July 28, 2020
127
ITEM— VILF.10
PLANNING
ITEM#70598
(Continued)
18. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short-Term Rental.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 28t day of July Two Thousand
Twenty.
Voting: 7-3
Council Members Voting Aye:
Jessica P. Abbott, 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:
Michael F. Berlucchi, Louis R. Jones and John D. Moss
Council Members Absent:
Barbara M. Henley
July 28, 2020
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Property_Polygons Justyce Swango '1�
521 Carolina Avenue
Zoning
Parking Lot Drive Aisle IICICIIINCIMI=Feet
Building 0 510 20 30 40 50 60
128
ITEM— VII.G
APPOINTMENTS
ITEM#70599
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
CONVENTION& VISITORS BUREAU COMMUNITY TASK FORCE
HEALTH SERVICES ADVISORY BOARD
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
INVESTIGATIVE REVIEW PANEL
OLD BEACH DESIGN REVIEW COMMITTEE
OPEN SPACE ADVISORY COMMITTEE
PARKS AND RECREATION COMMISSION
PROCESS IMPROVEMENT STEERING COMMITTEE
PUBLIC LIBRARY BOARD
RESORT ADVISORY COMMISSION
July 28, 2020
129
ITEM— VILG
APPOINTMENTS
ITEM#70600
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
LISA HEMPHILL
(Hotel Association)
No Term
ADVERTISING ADVISORY COMMITTEE
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, 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:
Barbara M. Henley
July 28, 2020
130
ITEM— VIL G
APPOINTMENTS
ITEM#70601
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
GUENTER WEISSENSEEL
Four year term 9/1/2020—8/31/2024
DEVELOPMENT AUTHORITY
Voting: 9-1
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:
John D. Moss
Council Members Absent:
Barbara M. Henley
July 28, 2020
131
ITEM— VIL G
APPOINTMENTS
ITEM#70602
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
PATRICK DUHANEY
City Manager
No Term
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, 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:
Barbara M. Henley
July 28, 2020
132
ITEM— VII.G
APPOINTMENTS
ITEM#70602
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
PATRICKDUHANEY
City Manager
Unexpired thru 6/30/2021
Plus two year term 7/1/2021 - 6/30/23
HAMPTON ROADS PLANNING DISTRICT COMMISSION
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, 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:
Barbara M. Henley
July 28, 2020
133
ITEM— VIL G
APPOINTMENTS
ITEM#70604
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
PATRICKDUHANEY
City Manager
No Term
OCEANA LAND USE CONFORMITY COMMITTEE
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, 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:
Barbara M. Henley
July 28, 2020
134
ITEM— VIL G
APPOINTMENTS
ITEM#70605
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
NICOLE THURSTON
Unexpired Term thru 6/30/22
And
HELENA GOURDINE THORPE
Four year term 7/28/2020- 6/30/2024
SOCIAL SERVICES BOARD
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, 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:
Barbara M. Henley
July 28, 2020
135
ITEM— VILG
APPOINTMENTS
ITEM#70606
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
RYAN THUM
Unexpired Term thru 8/31/22
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, 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:
Barbara M. Henley
July 28, 2020
136
UNFINISHED BUSINESS
ITEM#70607
Council Member Moss advised he did not participate in the presentation provided during the City
Manager's Briefings on Westminster Canterbury on Chesapeake Bay and Thalia Road Partners as he
believes it was a promotional view in favor of the applicants and should have been included in the
standardized Pending Planning Items briefing.
Mayor Dyer advised he did not perceive any lobbying in favor of the applicant or staff advocacy. Mayor
Dyer advised Council Members have to set the tone of civility and mutual respect from the dais and
expressed he respectfully disagrees with Council Member Moss for singling out staff and questioning the
integrity of senior management.
July 28, 2020
137
ADJOURNMENT
ITEM#70608
Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 9:35 P.M.
M �
Terri . ed ius
Chief Deputy City Clerk
Aman a Bar MC Robert M. Dyer
City Clerk Mayor
July 28, 2020