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HomeMy WebLinkAboutAUGUST 18, 2020 SPECIAL JOINT SESSION MINUTES #alte it XS WC; IF Gad O Of ow,Mkt% VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Virginia August 18, 2020 Mayor Dyer called to order the CITY COUNCIL JOINT SPECIAL FORMAL SESSION in the Virginia Beach Convention Center, Tuesday,August 18, 2020, at 6:00 P.M. Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None Planning Commission Members Present: George Alcaraz, John H. Coston, Donald Horsley, Robyn Klein, Dee Oliver,Jack Wall and David Weiner Planning Commission Members Absent: Steve Barnes, Walter Graham,Michael Inman and David Redmond INVOCATION: Council Member Wooten PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 2 CALL TO ORDER ITEM#70625 Mayor Dyer read the Mayor's Call for the JOINT SPECIAL FORMAL SESSION: August 13, 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 JOINT SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL and the VIRGINIA BEACH PLANNING COMMISSION Tuesday,August 18,2020 6:00 P.M. Virginia Beach Convention Center 1000 19th Street The purpose of this JOINT SPECIAL FORMAL SESSION is to allow the City Council and the Planning Commission to hear planning items concurrently which is necessary in light of a prior advertising error. The City Council will consider the Ordinances and Resolutions listed on the printed agenda, then immediately following, the City Council and the Planning Commission will proceed with the Public Hearing and consider planning items listed on the printed 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. If you wish to make comments virtually on an item,please follow the two-step process provided below: •Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=ebfb7 d 17b5a 0032325f5ee 693 76c2cf 8f •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes@vbgov.com prior to 5:00 p.m. on August 18, 2020 This Joint Special Formal 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 meeting via email at CityCouncil(a2vbgov.com. Sincerely, Robert M.Dyer Mayor Cc: Planning Commission Chair and Members City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office August 18, 2020 3 ITEM—I.E MINUTES ITEM#70626 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED the MINUTES of the SPECIAL SESSION of July 23, 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 August 18, 2020 4 ITEM—I.E MINUTES ITEM#70627 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED the MINUTES of the SPECIAL SESSION of July 28,2020 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 August 18, 2020 5 ITEM—LE MINUTES ITEM#70628 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED the MINUTES of the SPECIAL SESSION of August 11,2020 Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Abstaining: Sabrina D. Wooten Council Members Absent: None August 18, 2020 6 MAYOR'S INTRODUCTION AND PROCEDURES OF JOINT MEETING ITEM#70629 Mayor Dyer welcomed and expressed his appreciation to the members of the Planning Commission for being with City Council tonight and for the next few meetings. Mayor Dyer advised asked the City Attorney to explain why this joint meeting is necessary. Mark Stiles, City Attorney, read the following statement: "Thank you,Mr.Mayor. The Planning Commission plays an important role in vetting and making recommendations regarding planning items that will come before the City Council. Part of that process is a public hearing. By law that public hearing must be advertised in the newspaper two times in the weeks leading up to the meeting. Each advertisement is required to contain a brief description of each item being considered and then advise the public where they can go to look at the proposed item, ordinance, or amendment. Unfortunately, when COVID hit us and City offices closed and meetings went virtual, the sentence in the advertisement telling people where they could see the item, ordinance or amendment was accidentally omitted. This omission casts the validity of the public hearings and the recommendations made by the Planning Commission into question and the only sure way to fix that is for the Planning Commission to hear those items again and make new recommendations. These joint meetings allow that to happen in a manner that minimizes the delay in the consideration of the affected applications. Again, we say thank you to our Planning Commission and we apologize to the public and to them for the inconvenience that this situation has caused. " Mayor Dyer advised there are several items on the Agenda tonight and called on the City Clerk to outline the procedures for this joint meeting. Amanda Barnes, City Clerk, read the following statement: "The City Council will begin by taking up the non planning related public hearing and the ordinances and resolutions on the agenda according to its usual process. Some items may be considered for approval on a consent agenda. Any non-consent ordinances and resolutions will be heard and decided by the Council after the consent agenda is adopted. There will be a separate consent agenda vote for planning items. The Mayor will then open a public hearing on the Planning Items. The Public hearing for the planning items will be a joint public hearing. Speakers will be addressing both the Planning Commission and the City Council and members of either body may pose questions to the speakers. Although the public hearing will be conducted jointly, each bodies'deliberation will be separate with the Planning Commission going first. August 18, 2020 7 MAYOR'S INTRODUCTION AND PROCEDURES OF JOINT MEETING ITEM#70629 (Continued) At the outset of the public hearing on the planning items, I will identJ those items where there are no speakers or only one speaker registered other than the applicant. For any item where there is no speaker other than the applicant, that item may be placed on a consent agenda for both bodies unless a member of either body requests that the item be pulled for separate consideration. If there is a request for an item to be pulled, that item will be heard by both bodies. Where only one speaker has signed up to speak on multiple items, we will call the speaker forward and allow the speaker to address each of the items. The speaker will have three minutes per item. These items may also be placed on the consent agendas unless a member of either body requests that one or more of them be pulled. The applicant will have an opportunity to speak to their item if there is a request to remove that item from the consent agenda. The Planning Commission will then consider its consent agenda, followed by the City Council. Thereafter the public hearing on the remaining items will take place. After all speakers have been heard on an item, the Planning Commission will deliberate and vote on that item. After the planning Commission adopts its recommendation, the Council will then deliberate and vote on that item, and the process will repeat until all items have been heard." Mayor Dyer verified with the members of City Council and Planning Commission that there were not any questions or concerns and advised the body will proceed to the Public Hearing. August 18, 2020 8 ITEM—I.F PUBLIC HEARING ITEM#70630 Mayor Dyer DECLARED a PUBLIC HEARING: APPROPRIATION OF SECOND DISTRIBUTION OF CARES ACT FUNDS re CORONAVIRUS RELIEF The following registered to speak: Barbara Messner, P. O.Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING August 18, 2020 9 ADD ON RESOLUTION ITEM#70631 Upon motion by Council Member Moss, seconded by Council Member Jones, City Council ADDED Resolution to ADD a member to the CVB Community Task Force re fourth citizen member 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 August 18, 2020 10 ITEM—I.G FORMAL SESSION AGENDA CITY COUNCIL—ORDINANCES/RESOLUTIONS ITEM#70632 Mayor Dyer 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 legislative item they registered to speak. The City Clerk called the following speaker: Barbara Messner, P. O. Box 514, spoke in OPPOSITION on items:H: 1, 2, 3, 4, 5, 6, 7 and 8a/b/c/d/e/f Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions H: 1, 2, 3, 4, 5, 6, 7, 8a/b/c/d/e/f, and 9(ADD ON) 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 August 18, 2020 11 ITEM—I.H.1 ORDINANCES/RESOLUTIONS ITEM#70633 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to CONFIRM the Declaration of a Local emergency re Tropical Storm Isaias 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 August 18, 2020 1 AN ORDINANCE CONFIRMING THE DECLARATION OF A 2 LOCAL EMERGENCY DUE TO TROPICAL STORM ISAIAS 3 4 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of 5 emergency management to declare the existence of a local emergency, subject to 6 confirmation by the governing body; 7 8 WHEREAS, in conformity with the Commonwealth of Virginia Emergency 9 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), City Council, by 10 adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency 11 Management and appointed the City Manager as the Director of Emergency 12 Management; and 13 14 WHEREAS, in response to the imminent threat of damage caused by Tropical 15 Storm Isaias, the City Manager, as the Director of Emergency Management, issued a 16 Declaration of Local Emergency on August 3, 2020, effective at 6:00 p.m.; 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 21 That, pursuant to Virginia Code § 44-146.21, the City Council hereby confirms 22 the Declaration of Local Emergency issued by the City Manager on August 3, 2020, a 23 copy of which is attached hereto and incorporated by reference, and hereby ends the 24 declared emergency, effective August 5, 2020 at 8:00 a.m. Adopted by the Council of the City of Virginia Beach on the 18 t h day of August 2020 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office City Attorney's Office CA15134 R-1 August 7, 2020 DECLARATION OF LOCAL EMERGENCY I, the undersigned, as Director of Emergency Management for the City of Virginia Beach, find the imminent threat of severe wind, heavy rain and flooding forecasted and the very real possibility of power outages, along with the loss or interruption of vital City services posed by Tropical Storm Isaias to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate any potential damage, loss, hardship or suffering. Therefore, pursuant to Code of Virginia § 44-146.21, as amended, I hereby declare the existence of a Local Emergency in the City of Virginia Beach beginning August 3, 2020 at 1800 hours. In accordance with this Declaration, the Office of Emergency Management and all other appropriate City agencies are hereby vested with, and authorized to carry out,all powers,duties,and functions prescribed by State and local laws,rules, regulations,and plans as may be necessary to adequately and appropriately respond to said Local Emergency. (L a Patrick A. Duhaney, City Manager& Director of Emergency Management �"'��` ZO (Date) 12 ITEM—I.H.2 ORDINANCES/RESOLUTIONS ITEM#70634 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT,Resolution to AUTHORIZE the Mayor, City Manager and Director of Finance to EXECUTE a CARES Act Funding Certificate on behalf of the City 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 August 18, 2020 1 A RESOLUTION TO RATIFY THE ACTION OF THE 2 MAYOR, CITY MANAGER, AND DIRECTOR OF 3 FINANCE IN THE EXECUTION OF A CARES ACT 4 FUNDING CERTIFICATE ON BEHALF OF THE 5 CITY 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 Commonwealth of Virginia has provided a second round of 12 CARES Act funding to localities, and the City's portion is $39,258,497; 13 14 WHEREAS, the requirements for use of such funds are that the costs: (i) are 15 necessary expenditures incurred due to the public health emergency with respect to 16 COVID-19; (ii) were not accounted for in the budget most recently approved as of March 17 27, 2020; and (iii) were incurred during the period that begins on March 1, 2020 and ends 18 on December 30, 2020; 19 20 WHEREAS, the CARES Act funds may not be used to cover revenue shortfalls; 21 22 WHEREAS, the Commonwealth requires the City to execute a certificate prior to 23 the receipt of such funds, and a copy of the certificate is attached hereto as Exhibit A; 24 25 WHEREAS, the Commonwealth required the certificate to be submitted by August 26 10, but the previously scheduled City Council meeting on August 4th was cancelled 27 because of Tropical Storm Isaias; 28 29 WHEREAS, this certificate is substantially the same as the previous certificate for 30 CARES Act funding which was executed on May 19, 2020 following the City Council's 31 adoption of a resolution on the same day authorizing execution; 32 33 WHEREAS, due to the Commonwealth's deadline, the Tropical Storm cancelation, 34 and the similarity of certificates, the Mayor, the City Manager, and the Director of Finance 35 executed the certificate on August 3rd, and this ratification is necessary to confirm the 36 actions of these officers on behalf of the City. 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 39 OF VIRGINIA BEACH, VIRGINIA, THAT: 40 41 The execution of the second certificate for CARES Act funding by the Mayor, City 42 Manager, and the Director of Finance is hereby ratified by the City Council. As required 43 by the previous authorization, the City Manager or designee shall comply with all 44 expenditure, reporting, and audit requirements set forth in the certificate. The City 45 Manager shall also complete the survey or similar requirement for the disbursal of CARES 46 Act funding required by the Commonwealth. 47 48 The City Manager is further directed to provide to the City Council a detailed plan 49 for the expenditure of such funds within 30 days of adoption of this Resolution. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 18th day of August , 2020. APPROVED AS TO CONTENT APPR D AS TO LEGAL SUFFICIENCY: Budct and Management Services m Office CA15132 R-2 August 5, 2020 CERTIFICATION for RECEIPT of CORONAVIRUS RELIEF FUND PAYMENTS by City of Virginia Beach We the undersigned represent City of Virginia Beach (the locality), and we certify that: 1. we have the authority to request direct payment on behalf of the locality from the Commonwealth of Virginia of revenues from the Coronavirus Relief Fund(CRF)pursuant to section 601(b)of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief,and Economic Security Act,Pub. L. No. 116-136,div. A,Title V(Mar. 27,2020). 2. we understand that the Commonwealth of Virginia will rely on this certification as a material representation in making a direct payment to the locality. 3. the locality's proposed uses of the funds received_as direct payment from the Commonwealth of Virginia under section 601(b)of the Social Security Act will be used only to cover those costs that: a. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); b. were not accounted for in the budget most recently approved as of March 27,2020, for the locality; and c. were incurred during the period that begins on March 1,2020,and ends on December 30, 2020. 4. any funds that are not expended or that will not be expended on necessary expenditures on or before December 30, 2020,by the locality or its grantee(s),must be returned to Commonwealth of Virginia no later than December 30,2020, and that the Commonwealth of Virginia is entitled to invoke state aid intercept to recover any such unexpended funds that have not been returned to the Commonwealth within 30 days of December 30, 2020. 5. we understand that the locality will not receive continued funding beyond December 30, 2020, from any source to continue paying expenses or providing services that were initiated or previously supported from CRF funds prior to December 30, 2020. 6. funds received as a direct payment from the Commonwealth of Virginia pursuant to this certification must adhere to official federal guidance issued or to be issued regarding what constitutes a necessary expenditure. 7. any CRF funds expended by the locality or its grantee(s) in any manner that does not adhere to official federal guidance shall be returned to the Commonwealth of Virginia within 30 days of a finding that the expenditure is disallowed, and that the Commonwealth of Virginia is entitled to invoke state aid intercept to recover any and all such funds that are not repaid within 30 days of a finding that the expenditure is disallowed. 8. as a condition of receiving the CRF funds pursuant to this certification,the locality shall retain documentation of all uses of the funds, including but not limited to payroll time records,invoices, and/or sales receipts. Such documentation shall be produced to the Commonwealth of Virginia upon request. 9. the locality must maintain proper accounting records to segregate these expenditures from those supported by other fund sources and that all such records will be subject to audit. 10. any funds provided pursuant to this certification cannot be used as a revenue replacement for lower than expected revenue collections from taxes, fees, or any other revenue source. 11. any CRF funds received pursuant to this certification will not be used for expenditures for which the locality has received funds from any other emergency COVID-19 supplemental funding(whether state, federal,or private in nature)for that same expense nor may CRF funds be used for purposes of matching other federal funds unless specifically authorized by federal statute,regulation,or guideline. For counties only 12. an equitable share of CRF funds received pursuant to this certification shall be shared with and granted to each town within its jurisdiction. Such grant(s) shall be used solely for necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019(COVID-19), that were not accounted for in the budget most recently approved as of March 27,2020, and that were incurred during the period that begins on March 1,2020, and ends on December 30, 2020. The county issuing the grant is responsible for the ensuring compliance with the documentation requirements required by this certification and shall ensure that the use of the funds meets the requirements set forth in this certification. We certify that we have read the above certification and our statements contained herein are true and correct to the best of our knowledge. By: By: By: Robert M. "Bobby" Dyer Patrick A. Duhaney Alice M. Kelly Signature: Signature: Signature: } a ,- O Title: Title: Title: Mayor of Virginia Beach City Manager Director of Finance Date: Date: Date: `-151 c2ff0 0iJ to Z.c, (?-I31.2-02-a 13 ITEM—I.H.3 ORDINANCES/RESOLUTIONS ITEM#70635 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the use of the CARES Act Funding and TRANSFER funds to various departments re hazard pay and volunteer recognition (Requested by City Council) Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 18, 2020 REQUESTED BY CITY COUNCIL 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. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 18th day of August , 2020. APP D AS TO LEGAL SUFFICIENCY: City-Attorneys Office CA15123 R-7 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 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 Sheriffs 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 Health/Other Health Department 6 1,500 9,000 689 9,685 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 14 ITEM—I.H.4 ORDINANCES/RESOLUTIONS ITEM#70636 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section 2-85 re leave accrual by part-time employees 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 August 18, 2020 1 AN ORDINANCE TO AMEND SECTION 2-85 OF 2 THE CITY CODE REGARDING ACCRUAL OF 3 LEAVE BY PART-TIME EMPLOYEES 4 5 WHEREAS, Section 2-85(b) of the City Code provides for leave accrual for part- 6 time employees; 7 8 WHEREAS, the FY2021 Budget Package included an item that amended Section 9 2-85(b) to increase part-time leave accrual from 48 hours to 54 hours, and this document 10 was inadvertently formatted as a resolution when it should have been an ordinance; 11 12 WHEREAS, the operative language of this ordinance is identical to the content 13 approved by City Council on May 12, 2020, except that it is titled as an ordinance and 14 includes the phrase "be it ordained;" 15 16 WHEREAS, this action is necessary to effectively enact the intent of City Council 17 in the adoption of the resolution in the FY2021 Budget Package. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA, THAT: 21 22 Section 2-85(b) of the City Code is hereby amended and reordained to read as 23 follows: 24 25 Sec. 2-85. — Same — Taking not required; limitations on accumulation. 26 27 ... 28 29 (b) Part-time employees hired on or after July 1, 1996, shall not be allowed to carry more 30 than fe#}-eight-4484 fifty-four (541 hours of accumulated personal leave from one calendar 31 year to the next, nor shall part-time employees receive any monetary payout upon 32 termination of employment for their accumulated personal leave. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of August , 2020. APPROVED AS TO LEGAL SUFFICIENCY: • r ey's O ice CA15114 R-2 July 21. 2020 15 ITEM—LH.5 ORDINANCES/RESOLUTIONS ITEM#70637 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as 352 Tuna Lane at the rear of 2941 Wood Duck Drive re relocate existing boat lift, construct and maintain a bulkhead,pier,two (2)personal watercraft lifts and a boat lift 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 August 18, 2020 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY KNOWN AS 352 TUNA LANE LOCATED AT THE REAR OF 2941 WOOD DUCK DRIVE WHEREAS, Jane C. Tarsovich requests to relocate an existing boat lift, and to construct and maintain a proposed bulkhead, pier, two personal water craft (pwc) lifts, and a boat lift within a portion of the City's property, known as Mill Lake at 352 Tuna Lane, located at the rear of 2941 Wood Duck Drive. WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Jane C. Tarsovich, her heirs, assigns and successors in title are authorized to relocate, construct and maintain a temporary encroachment for a proposed bulkhead, pier, two personal water craft(pwc) lifts, and a boat lift in the City's property as shown on the map entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR A BULKHEAD, PIER, PWC LIFTS, AND BOAT LIFT SANDBRIDGE SHORES SOUTH, SECTION 1-B, LOT 110 (M.B. 103, PG. 25) FOR JANE C. TARSOVICH DATE: MAY 29, 2020 GPIN: 2433-23-6677 2941 WOOD DUCK DRIVE, VIRGINIA BEACH, VA 23456," a copy of which is attached hereto as Exhibit A, and on file in the Department of Public Works and to which reference is made for a more particular description; BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Jane C. Tarsovich (the "Agreement"), an unexecuted copy of which has been presented to the Council in its agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Jane C. Tarsovich and the City Manager or his authorized designee execute the Agreement. i Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of August , 2020. CA-14866 R-1 PREPARED: 07/20/20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: -‘6"1 . PUBLIC WORK , REAL ESTATE DAN . HA MEYER U i� SENIOR CITY ATTORNEY 2 PARCEL B MILL LAKE NA- F UNITED STATES OF AMERICA }EBB 45.7 GPIN:24331254030000 �FLOOQ-} D.B. 3216, PG. 211 —'f-- 13.7' p ARCEL A BEACH Nal 24, 4fl' 1 _',��� Y OF VIRGINIA 0p0 ' � P :8- N/F CIT 2433273415048730 �.. . -7 GRIN: 706250008 125' i J _' _-! INST:200 =_ II bill' is?2-5 � RELOCATE EXISTING N ; �-=r'LL PROPOSED BULKHEAD BOAT LIFT AND 2-PWLS ~ ' �� PIER, PWC LIFTS, AND I' REF. M • BOAT LIFT I` G, A LOT 110 r ci ?S N/F JANE C. TARSOVICH ' ` • GPIN:2433-23-6677 I o !NST:20070509000633010 / ,c I� • \\ �z oz , • \\\ z z L \\ ' \ \ ! ik'\ \\ \\ \\Viz = / Iv n'�.? I cnc(,,r- r- rnCw O i a,CAO ry `�' 'I 2 STY. FR. I �� � -0vb o #2941 ,y, y _; P�o 3 I O= / O cn8z to II ^ .Cp O r i — . TH �' TD T- 5' DRAINAGE I rn 0 •• AND UTILITIES r 1- EASEMENT i GREGORY 0. MILSTEAD r Rua 545.s�' ro Lic. No. 047323 pi ., ) I D' CREI SCENT .0 • R=550..00' 'QO)Cp1'Li11��ww1:: \ L=95.00' • 'IN(F) �� 64. `�IONAL E� WOOD DUCK DR IV E (50' R/W) MATERIALS SPECIFICATIONS: 0 30' 60' PILING: C.C.A. 2.5 PCF IIIIIIIMIIIIIIIMMIIIIIIIIIIIIIIIIIIIIIIM HEADERS AND JOISTS: C.C.A. 0.6 PCF (ALL WOOD TO BE GRADE 2 OR BETTER) SCALE 1"= 30' DECKING: C.C.A. 0.4 PCF HARDWARE: H.D. GALVANIZED ASTM-A153. EXHIBIT A ENCROACHMENT REQUEST FOR A 7re WATERFRONT BULKHEAD, PIER, PWC LIFTS, AND BOAT LIFT w ii , CONSULTING, INC SANDBRIDGE SHORES SOUTH, SECTION 1-B, LOT 110 2589 QUALITY COURT,STE.323 FOR (M.B. 103, PG. 25) VIRGINIA BEACH,VA 23454 PH/FAX (757)425-8244 CELL (757)619-7302 JANE C. TARSOVICH ENGINEERING SERVICES PROVIDED BY: DATE: MAY 29, 2020 GPIN: 2433-23-6677 CHESAPEAKE BAY SITE SOLUTIONS,INC. P.O.BOX 6663 VIRGINIA BEACH.VA 23456 2941 WOOD DUCK DRIVE, VIRGINIA BEACH, VA 23456 PHONE:(757)575-3715 PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this I/rU day of 4U( (13T , 2020, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JANE C. TARSOVICH, HER HEIRS, 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 LOT "110" as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 1B SOUTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA", dated July 5, 1968, having a scale of 1" = 100', and prepared by Palmer L Smith, C.L.S., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 25, and being further designated, known, and described as 2941 Wood Duck Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to relocate an existing boat lift, construct and maintain a proposed bulkhead, pier, two personal water craft (pwc) lifts, and a boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Mill Lake at 352 Tuna Lane, the "Encroachment Area"; and GPIN's: 2433-27-3415 (352 Tuna Lane - CITY PROPERTY) 2433-23-6677 (2941 WOOD DUCK DRIVE) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR A BULKHEAD, PIER, PWC LIFTS, AND BOAT LIFT SANDBRIDGE SHORES SOUTH, SECTION 1-B, LOT 110 (M.B. 103, PG. 25) FOR JANE C. TARSOVICH DATE MAY 29, 2020 GPIN: 2433-23- 6677 2941 WOOD DUCK DRIVE, VIRGINIA BEACH, VA 23456," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and 2 that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood 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 prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City 4 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, JANE C. TARSOVICH, the said Grantee, has caused this Agreement to be executed by her signature. 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 cirdL J C. TARSOVICH, Owner STATE OF V I (1 CITY/COUNTY OF I q(li1 Et2LL to-wit: The foregoing instrument was acknowledged before me this 1 I `day of LtC , 2020, by JANE C. TARSOVICH. EAL) of u ' ,,44444 s;iii,,,,,,, Notary Registration Number: 02 ( —O.3lc� ,pNOS bi My Commission Expires: ( ;Q a • cc., • J m \„ • y:o � z ry • :r cV• L (� 'Qy APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM Q--CfAz5,1-- SIGNATUREfrAr -- R. ARMEYE SENIOR CITY ATTORNEY VilDEPAR MENT 7 PARCEL B MILL LAKE N/F UNITED STATES OF AMERICA ��B8FLOOD 457�r_// GPIN:24331254030000 = , D.B. 3216, PG. 21) -- 13.7 I ' --_ PARGNIABOEOCH N� _2� 40 - v1111—� F `"" 243 625Q00848730 N� GPIN: 32 s' =:_= ?_ INST:2p070 .- ___,__ . -? f L RELOCATE EXISTING - - i,I ; 1-3' - PROPOSED BULKHEAD BOAT LIFT AND 2-PWLS �_ PIER, PWC LIFTS, AND Rfp. M ' ' BOAT LIFT f im • pc, zs LOT 110 f Q N/F JANE C. TARSOVICH I a z z a • GPIN:2433-23-6677 I ' INST:20070509000633010 0 �, , 1 n c • • \ . f • o z i\\\' f z d bmi I \\\,\`\\\ f Z O R. ;' r f U w r-- t— o)CN o I•i O) 0 oN) -+ 2STY. FR. f �' wD `{ -0vDo #2941 f v, bV� _' OCn z 0 ^-1 f 0 �02 1 00. yO O L� I ;N 00� . N �• _ f c O D Vrn F rn m r� L I 5' DRAINAGE I _ p ' AND UTILITIES r- O' EASEMENT f c) GREGORY 0.MILSTEAD 9 . • • sf 545 s7' Lic. No. 047323 PI , ) / RUoDY CRESCENo rG R=550.00' I / -� �5 (l I�il-609�4w L=95.00 �4 IN(F) ��IONAL WOOD DUCK DRIVE (50' R W) 0 30' 60' MATERIALS SPECIFICATIONS: PILING: C.C.A. 2.5 PCF HEADERS AND JOISTS: C.C.A. 0.6 PCF I (ALL WOOD TO BE GRADE 2 OR BETTER) SCALE: 1"=30' DECKING: C.C.A. 0.4 PCF HARDWARE: H.D. GALVANIZED ASTM-A153. EXHIBIT A ENCROACHMENT REQUEST FOR A -7 WATERFRONT BULKHEAD, PIER, PWC LIFTS, AND BOAT LIFT i CONSULTING, INC �� . � -J � SANDBRIDGE SHORES SOUTH, SECTION 1-B, LOT 110 2589 QUALITY COURT,STE.323 FOR M.B. 103, PG. 25) VIRGINIA BEACH,VA 23454 PH/FAX:(757)425-8244,CELL(757)619.7302 JANE C. TARSOVICH ENGINEERING SERVICES PROVIDED BY: 1 DATE: MAY 29, 2020 GPIN: 2433-23-6677 CHESAPEAKE BAY SITE SOLUTIONS,INC. P.O.BOX 6863 VIRGINIA BEACH,VA 23456 2941 WOOD DUCK DRIVE, VIRGINIA BEACH, VA 23456 PHONE:(757)575-3715 t a + " • w i IP° .110. y��yy'qy 8 � W i 9/ C 44, w�, .r Am^ x Ai • � r •1 \57 ° . . $d ti k \:*...,,, � . {< . .._.. . _ > , © : � y i . : ? \ \ . t ,.... . / .+ . / • yy s:: > . ' } \ \ . . .�. w * . ?< . \ ' \\?? \ \ \ « «z « y ¥ . w=. . . . .� ! y:» y §y» < ? < y ~y22: ���\��?<: d 41r, ior 11, w_ 7r _ E 00 m 7 2 o -o S ° -A 110 o SITE, _4/fr_i' ,,c5-kC) r33 d 2433-23-6677 itilk ,,-. c •, 7 -1 ---,- --1 nj I , I E.-A rn -lA ,c--\ , 1114111111.110 is II* 0c,-- -`1 , , 31 TO 0 _,-- LOCATION MAP ENCROACHMENT REQUEST Legend FOR City Properties JANE C, TARSOVICH C32433-23-6677 2941 WOOD DUCK DR GPIN 2433-23-6677 Note: This property is not Lil milismom Feet \ located in AICUZ Noise Zone 0 100 200 400 MN. co' �y .` rs4 ' 11111:..,, s yG te + ' ` lik, a . + N w Qy nZ U It.',A%ow\ _ w O 14 * ., , co D eh w ,..,:,:., % 0 ZzQ• cLaN a IOwpaoMel ofIgA Q2CjONw,., * 1T19 W !jN--* ,. , sk-,->' -Plik -I 0 4i • lit CNI D. ,.,„:,..... .14..._. CD 4,1111kIlf-•-• o0X' M valsoillio * ' .S-4"..:1.:.,, C Ilir- ile tb- ' , 110111L . 4 Ilk, \'' • .- , _ ._ *1p0 �jflYY .' -; - :-",,,,,...,*' ,„, -44-41‘,_ :. 0..-4---- . „.. ,_ . , ii.,.1 _. ...,.. _:. .. . . N. 1 i _ r - .6' - Ilya-- . .._. FRI ti!•, 1111, n he csi • i' ""*' - - Pooh ' t 4 4 - T,., t$' °y'fk ea r N • I k ' �� : ri > t."...1-:- -..,. ' J.,---..- - ' ' • ,...... •div .,•-, -k- - 4, 0 co ii 0 N (i) t . ...., N. . ` c , . a 5 a!) ` N C ti _0, = U CV CI: {F lD 3 t et'f' + 16 ITEM—I.H.6 ORDINANCES/RESOLUTIONS ITEM#70638 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of a City-owned drainage easement at 624 Regency Drive re construct and maintain a lighted double-sided monument sign 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 August 18, 2020 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF AN EXISTING CITY-OWNED DRAINAGE EASEMENT LOCATED AT 624 REGENCY DRIVE WHEREAS, CPM Properties II, LLC, a Virginia limited liability company, desires to construct and maintain a lighted double-sided monument sign with a brick base into a portion of an existing City-owned drainage easement located at 624 Regency Drive (GPIN 2407-48-5295). WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's right-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, CPM Properties II, LLC, its assigns and successors in title are authorized to construct and maintain a temporary encroachment for a proposed lighted double-sided monument sign with a brick base as shown on the map entitled: "SIGN ENCROACHMENT EXHIBIT FOR CPM PROPERTIES, II LLC 2859 VIRGINIA BEACH BLVD., #106 VIRGINIA BEACH, VA 23452"a copy of which is attached hereto as Exhibit A, and on file in the Department of Public Works and to which reference is made for a more particular description; BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and CPM Properties II, LLC (the "Agreement"), an unexecuted copy of which has been presented to the Council in its agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as CPM Properties II, LLC and the City Manager or his authorized designee execute the Agreement. i Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of August , 2020. 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E = I . wieta 1 ::c: 6.,,es Is - SR $ a E 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 CPM PROPERTIES II, LLC, a Virginia limited liability company, 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 "4B GPIN 2407-48-5295" as shown on that certain plat entitled: "SUBDIVISION OF PARCEL 4 (INSTRUMENT NUMBER 20080721000850050,) VIRGINIA BEACH, VIRGINIA", prepared by Patton Harris Rust & Associates, Inc., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20120705000747610, and being further designated, known, and described as 624 Regency Drive, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed lighted double-sided monument sign with a brick base, "Temporary Encroachment", in the City of Virginia Beach: and GPIN: 2407-48-5295 (624 REGENCY DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City-owned drainage easement located on 624 Regency Drive, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt 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 three (3) sheets entitled: "SIGN ENCROACHMENT EXHIBIT FOR CPM PROPERTIES, II LLC 2859 VIRGINIA BEACH BLVD., #106 VIRGINIA BEACH, VA 23452" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the City shall have the right to repair or remove the Temporary Encroachment in the event of an emergency or public necessity or public safety, and Grantee shall bear all costs and expenses of such repair and removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless. and defend the City. its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood 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 Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Temporary Encroachment may not exceed: twenty-four (24) square feet per face; two (2) faces; eight (8) feet above the natural grade at the curb. Landscaping materials must be approved by the Landscape Services Division of the Department of Parks and Recreation. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the 4 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, the said CPM PROPERTIES II, LLC. a Virginia limited liability company, has caused this Agreement to be executed on its behalf by its Managers, WILLIAM A. WILCOX, II and BARRY DUVAL with due authority to bind said company. 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) 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 CPM PROPERTIES II, LLC, a Virginia limited liability company By - -- (SEAL) WI i 7. 1 OX, ' - ager B /` & SEAL -. DUVAL, 0 anager STATE OF ��"" ���"� CITY/COUNTY OFYilAin SCE" , to-wit: The foregoing instrument was acknowledged before me this i day of Al Si- _, 2020, by WILLIAM A. WILCOX, II, Manager of CPM PROPERTIES II, LLC, a Virginia limited liability company. (SEAL) Notary P. blic NotaryRegistration Number: I •�� •• At'O Is NOTARY S. �' My Commission Expires: (I / 30 ( 2 Q G.*78 Q gyp.BLIC % i MY COMMISSION i z EXPIRES Nf30I2024 Vp.., ; J STATE OF CITY/COUNTY OF C&)////A -s'.BuPa, , to-wit: The foregoing instrument was acknowledged before me this //7" day of OUST , 2020, by BARRY DUVAL, Manager of CPM PROPERTIES II, LLC, a Virginia limited liability company. (—___-/Akcc` k . . '1_ (SEAL): Notary Public C ' -1�� ••OTARY1•t Notary Registration Number: -77 ' 'a5la �sMyC«ew.Lipka 'fl= 1 fix'-2 My Commission Expires: 36 - 2- �2_ $° 7796256 1 VbA A.41 430°,4 te:p 7 %;;Zet L 4.4%; APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE c DAN . 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RAI GE EA' EMENT �_ \ / \ \ / U' \ �� \\� 1 1, , i / / / / \ I 1 / O'0 \ . , / , ,x\ ' -, \\ , /, ,, , ,, / - KEN • / �/ �� // / LOCATION MAP Legend ENCROACHMENT REQUEST City Properties FOR CPM PROPERTIES II, LLC ` ' 624 REGENCY DRIVE D2407-48-5295 � GPIN 2407-48-5295 Note: This property is located �/ 1 Feet /i in AICUZ Noise Zone >_75 dB z v % 0 50 100 200 mil Y x t, ya it'r ,I I • I 1 _ - ` rt rilk 1 t It• l • \ 2407-48-5295 1, it , ♦ 13 t' 1 , �, ,\ \ w 1!M t ' ,' ,' ! • • \ KO' DRAINAGE EASEMENT i i. ! ! k.1 A 1 J ` fig ! / ,SK p \ . / • 0 \\ !r -' LOCATION MAP e ,' ' �, ' '� � ENCROACHMENT REQUEST FOR CPM PROPERTIES II, LLC Legend ��► 624 REGENCY DRIVE ;: ' GPIN 2407-48-5295 City Properties 1; Feet C3 2407-48-5295 Aft ,' k 0 50 100 200 17 ITEM—I.H.7 ORDINANCES/RESOLUTIONS ITEM#70639 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the Adopted FY2020-21 Capital Improvement Program(CIP)Project description and scope for CIP #9-068 Dome Site Development Acquisition re AUTHORIZE the acquisition of property by Virginia Beach Development Authority (VBDA) 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 August 18, 2020 1 AN ORDINANCE TO AMEND THE ADOPTED FY 2020- 2 21 CAPITAL IMPROVEMENT PROGRAM PROJECT 3 DESCRIPTION AND SCOPE FOR CIP #9-068 DOME 4 SITE DEVELOPMENT ACQUISITION TO AUTHORIZE 5 THE ACQUISITION OF PROPERTY BY THE CITY OF 6 VIRGINIA BEACH DEVELOPMENT AUTHORITY 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That the "Description and Scope" of CIP# 9-068, Dome Site Development 12 Acquisition, within the FY 2020-21 Capital Improvement Program is hereby amended to 13 include the following: "Consistent with the Development Agreement for the Dome Site, 14 the funds appropriated to this project may be made available to the City of Virginia Beach 15 Development Authority to allow the Authority to be the purchaser and owner of such 16 property(ies)." Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of August , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Bucket and Management Services City a 's Office CA15122 R-1 Jury 9, 2020 ��4G11.11A BEAc4' „ 0 City of Virginia Beach � v e�G.l °F ouR Ntoo f4 yr VBgov.com JOHN MOSS PHONE: (757) 363-7745 COUNCILMAN-AT-LARGE August 18, 2020 JDMOSS@VBGOV.COM In Reply Refer to 0067761 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's consideration and vote to amend the Capital Improvement Program, CIP 9-068, "Dome Site Development Acquisition," to allow the City of Virginia Beach Development Authority to acquire property for the Dome Site Project. The vote includes the possible acquisition of property that would have a foreseeable direct or indirect benefit or detriment for Dominion Power, also known as Dominion Energy. 2. I have a personal interest in Dominion Energy. Its corporate street address is 120 Tredegar Street, Richmond, Virginia 23219. 3. I wish to disclose this interest and abstain from participation in the City Council's consideration and vote to amend the Capital Improvement Program. 4. As discussed in the attached opinion from the Commonwealth's Attorney, issued this day, I also have an interest in a separate corporation that receives income from a parcel that is within the possible footprint of the Dome Site project. If that parcel is acquired for this project, I will forthwith disclose my interest in that separate corporation. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 Mrs. Amanda Barnes -2- August 18, 2020 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Thank you for your assistance and cooperation in this matter. Sincerely, t) oss ouncilmember JDM/RRI/DRH Attachment CO 1\8140NwEALTH OF VjG Commonwealth's Attorney ;i.��,...t. �Nu e�H. Deputies Colin D.Stolle Wendy Alexander Tabitha B.Anderson Chief Deputies Sara R.Chandler Susan G.Hooks Patrick J.Connolly F''o Scott M.Lang ��: '� w,,„, < Vivian F.Henderson David W.Laird OFFICE OF THE COMMONWEALTH'S ATTORNEY Paul J.Powers CITY OF VIRGINIA BEACH 2425 Nimmo Parkway Virginia Beach,VA 23456-4050 (757)385-4401 FAX(757)385-1288 TDD:711 www.vbgov.com/oca Direct Dal: (757) 385-8978 August 18, 2020 Council Member John Moss Office of the City Clerk 2401 Courthouse Drive Virginia Beach, VA 23456 Dear Councilman Moss: In a letter dated August 11, 2020, you request an opinion under the Virginia Conflict of Interests Act regarding your participation in Virginia Beach City Council discussions and voting regarding an amendment to the City's Capital Improvement Program (the"CIP"). Specifically, an amendment that would provide authorization for the City of Virginia Beach Development Authority(the "Authority")to acquire properties for the Dome Site Project. You ask whether your personal interest in both Dominion Power and in an unnamed corporation(the "Corporation")cause you to continue to have a prohibited personal interest in the transaction. Previously, by letter dated October 16,2020, 1 advised you that as a result of your personal interest in both Dominion Power and the Corporation, as well as the reasonably foreseeable direct or indirect benefit (Dominion Power) or detriment(the Corporation), you had a"personal interest in the transaction" as defined by Virginia Code §2.2-3101. You further advise in your letter dated August 11, 2020, the facts as they apply to the contemplated acquisitions of the Dominion Power substation and the parcel related to the Corporation, remain unchanged as well as your continued"personal interest"in both Dominion Power and the Corporation. Given that the circumstances regarding both the transaction as well as your interest in the entities involved,it remains my opinion that you continue to have a"personal interest in the transaction" related to the Dome Site Project. As such, you would not be permitted to participate in any voting or discussion related to the amendment of the CIP so long as there remains a reasonably August 18, 2020 Page 2 foreseeable benefit or detriment as a result of the Dome Site Project to either Dominion Power or the Corporation. Virginia Code §2.2-3112 requires that you disclose your personal interest and that you shall not vote or act in any manner on behalf of the Virginia Beach City Council in the transaction. Additionally you would be prohibited from (i)attending any portion of a closed meeting authorized by the Virginia Freedom of Information Act when the matter is being discussed and(ii) discussing the matter with other governmental officers or employees at any time. If I may answer any questions,please give me a call at the number above. Since ply, Colin D. Stolle Commonwealth's Attorney /adh 18 ITEM—LH.8a ORDINANCES/RESOLUTIONS ITEM#70640 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $300,000 from the Landmark Foundation to FY2020-21 Public Health Department Operating Budget and REAUTHORIZE five (5) Grant-Funded positions re Baby Care Program 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 August 18, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE$300,000 2 FROM THE LANDMARK FOUNDATION AND TO 3 REAUTHORIZE GRANT-FUNDED POSITIONS FOR THE 4 BABY CARE PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $300,000 is hereby accepted from the Landmark Foundation and appropriated, 10 with revenues increased accordingly,to the FY 2020-21 Operating Budget of the 11 Public Health Department for the Baby Care Program; and 12 13 2) Five (5.0) FTEs are hereby reauthorized in the Public Health Department, 14 including one full-time nurse supervisor, two full-time registered nurses,one full- 15 time administrative staff member, one part-time (0.5 FTE) administrative staff 16 member, and one part-time(0.5 FTE)outreach worker, provided these positions 17 are contingent upon future grant funding. Adopted by the Council of the City of Virginia Beach, Virginia on the 18 t h day of August 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: _ J Budget and Management Services City A e s Office CA15125 R-1 July 22, 2020 19 ITEM—I.H.8b ORDINANCES/RESOLUTIONS ITEM#70641 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $10,000 from Virginia Tourism Corporation to FY2020-21 Convention and Visitors Bureau Operating Budget re local advertising and marketing efforts 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 August 18, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE VIRGINIA TOURISM 3 CORPORATION FOR LOCAL ADVERTISING AND 4 MARKETING EFFORTS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $10,000 of funding from the Virginia Tourism Corporation WanderLove Recovery 10 Grant Program is hereby accepted and appropriated, with revenues increased 11 accordingly, to the FY 2020-21 Operating Budget of the Convention and Visitors Bureau 12 for local advertising and marketing efforts. Adopted by the Council of the City of Virginia Beach, Virginia on the 18 t h day of August , 2020. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City A o Office CA15133 R-1 August 6, 2020 20 ITEM—LH.8c ORDINANCES/RESOLUTIONS ITEM#70642 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: c. $47,187 from National Parks Service Historic Preservation Fund to FY2020-21 Planning and Community Development Operating Budget and TRANSFER$28,312 to provide local grant match to FY2020-21 Planning and Community Development Operating Budget re survey of historical resources in the Seatack and L&J Gardens neighborhoods 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 August 18, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE NATIONAL PARK SERVICE HISTORIC 3 PRESERVATION FUND AND TO TRANSFER FUNDS 4 WITHIN THE FY 2020-21 OPERATING BUDGET FOR A 5 HISTORICAL SURVEY 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1. $47,187 is hereby accepted from the National Park Service and appropriated, 11 with federal revenues increased accordingly, to the FY 2020-21 Department of 12 Planning and Community Development Operating Budget for the survey of historical 13 resources in the Seatack and L&J Gardens neighborhoods. 14 15 2. $28,312 is hereby transferred from the General Fund Reserve for 16 Contingencies to the Department of Planning and Community Development 17 Operating Budget to provide the required local grant match. 18 19 3. The City Manager, or designee, is hereby authorized to execute the grant 20 and cooperative agreement between the National Park Service and the City of 21 Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the 18 t_ h day of August 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services o 's ice CA15138 R-1 August 6. 2020 21 ITEM—I.H.8d ORDINANCES/RESOLUTIONS ITEM#70643 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: d. $22,500 from Virginia Department of Historic Resources and TRANSFER$22,500 to provide local grant match to FY2020-21 Planning and Community Development Operating Budget re preparation and publication of historic district design standards and review guidelines 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 August 18, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF HISTORIC 3 RESOURCES AND TO TRANSFER FUNDS FOR THE 4 PREPARATION AND PUBLICATION OF HISTORIC 5 DISTRICT DESIGN REVIEW GUIDELINES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1. $22,500 in federal pass-through funding is hereby accepted from the Virginia 11 Department of Historic Resources and appropriated, with federal revenue increased 12 accordingly, to the FY 2020-21 Department of Planning and Community Development 13 Operating Budget for the preparation and publication of design review guidelines for 14 historic districts. 15 16 2. $22,500 is transferred within the FY 2020-21 Operating of the Department of 17 Planning and Community Development Operating Budget to provide the required local 18 grant match. 19 20 3. The City Manager, or designee, is hereby authorized to execute the grant and 21 cooperative agreement between the Virginia Department of Historic Resources and the 22 City of Virginia Beach. 23 Adopted by the Council of the City of Virginia Beach, Virginia on the 18_t h day of August 2020. Requires an affirmative vote by a majority of a/I of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY \J- ./ Budget& Management Services om 's ce CA15139 R-1 August 6, 2020 22 ITEM—I.H.8e ORDINANCES/RESOLUTIONS ITEM#70644 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: e. $201,803 of CARES Act Funding from Virginia Department of Elections to FY2020- 21 Voter Registration and Elections Operating Budget re health and safety expenditures for the 2020 Presidential Election 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 August 18, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 CARES ACT FUNDS FROM THE VIRGINIA 3 DEPARTMENT OF ELECTIONS FOR ELIGIBLE 4 ELECTION EXPENSES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $201,803 of Coronavirus Aid, Relief and Economic Security (CARES) Act funding 10 is hereby accepted from the Virginia Department of Elections and appropriated, with 11 federal revenue increased accordingly, to the FY 2020-21 Operating Budget of the Voter 12 Registration and Elections Department for increased costs associated with expenditures 13 related to the protection of the health and safety of poll workers, staff, and voters during 14 the 2020 Presidential Election. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of August , 2020. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budg t and Management Services y's Office CA15126 R-1 August 6, 2020 23 ITEM—I.H.8f ORDINANCES/RESOLUTIONS ITEM#70645 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: f $1,389,918 of CARES Act Funding from U.S. Department of Housing and Urban Development and TRANSFER $1,021,040 of Community Development Block Grant funding to FY2020-21 Housing and Neighborhood Preservation Operating Budget re eviction prevention and homeless assistance for individuals and families affected by COVID-l9 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 August 18, 2020 1 AN ORDINANCE TO TRANSFER COMMUNITY 2 DEVELOPMENT BLOCK GRANT FUNDS AND TO 3 ACCEPT AND APPROPRIATE CARES ACT FUNDING 4 TO THE DEPARTMENT OF HOUSING AND 5 NEIGHBORHOOD PRESERVATION FOR HOUSING 6 ASSISTANCE DURING THE COVID-19 PANDEMIC 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 1) $1,021,040 is hereby transferred within the FY 2020-21 Operating Budget of 12 Housing and Neighborhood Preservation to create additional capacity for the 13 Eviction Prevention Assistance Program to aid renters affected by COVID-19. 14 15 2) $1,389,918 in Coronavirus Aid, Relief, and Economic Security (CARES) Act 16 funding from the U.S. Department of Housing and Urban Development is 17 hereby accepted and appropriated, with federal revenues increased 18 accordingly, to the FY 2020-21 Operating Budget of Housing and 19 Neighborhood Preservation for support of individuals and families affected by 20 COVID-19 who are homeless or receiving homeless assistance. Adopted by the Council of the City of Virginia Beach, Virginia on the 18 t h day of August -,—_-, 2020. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services ey's Office CA15113 R-1 July 9,2020 24 ITEM—I.H.9(ADD ON) ORDINANCES/RESOLUTIONS ITEM#70646 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT,Resolution to ADD a member to the CVB Community Task Force re fourth citizen member 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 August 18, 2020 REQUESTED BY CITY COUNCIL 1 A RESOLUTION ADDING A MEMBER TO THE CVB 2 COMMUNITY TASK FORCE 3 4 WHEREAS, at the City Council's retreat in February 2020, the City's consultant, 5 Bill Hanbury with Academy Street Collaboration, presented initial findings of his analysis 6 and recommendations for management of the Convention & Visitors Bureau ("CVB"); 7 8 WHEREAS, the consultant recommended the establishment of a Community Task 9 Force to evaluate transitioning the CVB to a new organizational structure with three 10 distinct alternatives: 11 12 1. Remain within the City government; 13 2. Hybrid public-private foundation or authority; or 14 3. Public-private nonprofit; and 15 16 WHEREAS, the City Council on July 7, 2020, adopted a resolution establishing 17 the CVB Community Task Force, and that resolution provided that the task force shall 18 consist of the following 15 members: 19 20 • Two City Council members; 21 • A Resort Advisory Commission representative; 22 • Two Virginia Beach Hotel Association representatives; 23 • A Restaurant Association representative; 24 • A Central Business District Association representative; 25 • Two persons with sports marketing experience; 26 • Three business representatives from other industry sectors; and 27 • Three citizens from across the City; 28 29 WHEREAS, the City Council believes that the addition of another member would 30 be beneficial; 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 That a fourth citizen member is hereby added to the CVB Community Task Force. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 t h day of August , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's O CA15147 R-1 August 18,2020 - - 25 ITEM—I.G FORMAL SESSION AGENDA PLANNING COMMISSION—PLANNING ITEMS ITEM#70647 Mayor Dyer 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 Planning Rem they registered to speak. The City Clerk called the following speaker: Barbara Messner, P. O.Box 514, spoke in OPPOSITION on items:I. 1, 2, 3, 4, 7, 8, and 9 Upon motion by Vice Chair Weiner, seconded by Commissioner Horsley, Planning Commission APPROVED,BY CONSENT,Planning Items I:1,2,3,4, 7, 8,and 9 Voting: 7-0 Planning Commission Members Voting Aye: George Alcaraz, John H. Coston, Donald Horsley, Robyn Klein, Dee Oliver,Jack Wall and David Weiner Planning Commission Members Absent: Steve Barnes, Walter Graham,Michael Inman and David Redmond August 18, 2020 26 ITEM—I.G FORMAL SESSION AGENDA CITY COUNCIL—PLANNING ITEMS ITEM#70648 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council APPROVED, BY CONSENT,Planning Items I: 1,2, 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 August 18, 2020 27 ITEM—I.I.1 PLANNING PLANNING COMMISSION ITEM#70649 Upon motion by Vice Chair Weiner, seconded by Commissioner Horsley, Planning Commission APPROVED, AS CONDITIONED, BY CONSENT, CITY OF VIRGINIA BEACH for a Special Exception for Alternative Compliance to the Form-Based Code re recurring outdoor assembly use and open-air market special events for properties located at South of Interstate 264, West of Parks Avenue, and slightly East of Parks Avenue, North of 18`h Street, West of Washington Avenue, North of 17t Street, and East of North Birdneck Road DISTRICT 6—BEACH Recommended Conditions: 1. Concerts and amplified sound shall operate no more than two days per week and shall not exceed four hours in one 24-hour period. The concerts and amplified sounds shall end by 11:00 p.m., except for 10 nights per year during which concerts and amplified sound may continue until midnight. 2. Festivals shall operate no more than three days per week and not exceed ten hours in one 24-hour period. The festival shall end by 11:00 p.m. 3. Indoor event overflow shall not exceed 12 hours in one 24-hour period. The event overflow shall end by 11:00p.m. 4. Fire hydrants or fire department connections shall not be blocked or obstructed at any time. A minimum 12-foot-wide path shall be maintained for emergency access. 5. Temporary light towers shall not operate past 2:00 a.m. 6. Portable restrooms shall be removed from the site as soon as logistically possible upon the completion of any event. 7. When the Open-Air Market is operational, no less than one trash receptacle per 1,000 feet of sales area shall be available for use and emptied regularly so that litter and debris does not accumulate on site. 8. Open-Air Market operational hours shall be restricted to 7:00 a.m. to 8:00 p.m. 9. The Open-Air Market operations shall not interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. Voting: 7-0 Planning Commission Members Voting Aye: George Alcaraz, John H. Coston, Donald Horsley, Robyn Klein, Dee Oliver,Jack Wall and David Weiner Planning Commission Members Absent: Steve Barnes, Walter Graham, Michael Inman and David Redmond August 18, 2020 28 ITEM—I.I.1 PLANNING CITY COUNCIL ITEM#70649 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council APPROVED,AS CONDITIONED, BY CONSENT, CITY OF VIRGINIA BEACH for a Special Exception for Alternative Compliance to the Form-Based Code re recurring outdoor assembly use and open-air market special events for properties located at South of Interstate 264, West of Parks Avenue, and slightly East of Parks Avenue, North of 186 Street, West of Washington Avenue, North of 176 Street, and East of North Birdneck Road DISTRICT 6—BEACH The following conditions shall be required: 1. Concerts and amplified sound shall operate no more than two (2)days per week and shall not exceed four(4)hours in a 24-hour period. The concerts and amplified sounds shall end by 11:00 p.m., except for 10 nights per year during which concerts and amplified sound may continue until midnight. 2. Festivals shall operate no more than three(3)days per week and not exceed 10 hours in a 24-hour period. The festival shall end by 11:00 p.m. 3. Indoor event overflow shall not exceed 12 hours in a 24-hour period. The event overflow shall end by 11:00p.m. 4. Fire hydrants or fire department connections shall not be blocked or obstructed at any time. A minimum 12 foot wide path shall be maintained for emergency access. 5. Temporary light towers shall not operate past 2:00 a.m. 6. Portable restrooms shall be removed from the site as soon as logistically possible upon the completion of any event. 7. When the Open-Air Market is operational, no less than one(1) trash receptacle per 1,000 feet of sales area shall be available for use and emptied regularly so that litter and debris does not accumulate on site. 8. Open-Air Market operational hours shall be restricted to 7:00 a.m. to 8:00 p.m. 9. The Open-Air Market operations shall not interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18"'day of August Two Thousand Twenty. August 18, 2020 29 ITEM—I.I.1 PLANNING CITY COUNCIL ITEM#70649 (Continued) 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 August 18, 2020 liZ ;#''''0 \tr'''.` ,.... ."--------_-_ yzi/t/A, ,,,,, ,\iFt ,,-.41.-; -_-__-------_--------___—_-1--__----7---Th\-V=,4 1A-;,,-j-7,7-'",'7 3•.7 4.4.,,;/(9',7 7,r,,,6 tk_-,• -•,, , ..41v+ ,10.,6•4f4 II04 s11I iI"4c-y1 I 264pavilion 1y,•` OR /d.# .wA‘! mm v. ' ,,' r ; C3 --, ' --- -t,ostIv-ril, #jii,-*/—; ,-- ,,, ' OR _A.',,,,j." • ,,,#.,r; 7, Ae*-Aes#,„#-A - ;ix,. -,,,/A., A=1 2 / '( \ ,ro 0 =it, -,---d, .,.. A„,, 4.2f,--dve:__,cal ..,,,,-,-.7 4 \ tea» R 37 '` _. �' ;`,�7/04,,,,, o 0Mall] .0 , +'-/ O R eaarri, t r. A-12 i ,LIQ. , , r _ OR ioo` a �._ OR ' - ,_, / / ��,-o OR�A 12�Ay36 A 12 ��j/may/ $-2 36 - _D --)7- 1 Z-,-11 eNi.i• --.1 .'.- --V_ET iL, ,L; Ru3T-3 \' '... - ,,,'-7A1 2 . t �� n• g-2 =2 .�-2 V o ;0: g o ,1-i, 1,2,R p ° '�, 12� ,,�� , �' A 1r2 --. % -1 - o N Site City of Virginia Beach 0►4. South of 264, West of Parks Avenue, w '1.s Property_Polygons and slightly East of Parks Avenue, North of 18th Street, s Q Zoning West of Washington Avenue, North of 17th Street, L _J Parking Lot Drive Aisle East of N. Birdneck Road Feet Building 0 80160 320 480 640 800 960 30 ITEM—I.I.2 PLANNING PLANNING COMMISSION ITEM#70650 Upon motion by Vice Chair Weiner, seconded by Commissioner Horsley, Planning Commission APPROVED, AS MODIFIED, BY CONSENT, Application of GREEN CLEAN SOUTH MILITARY, LLC for a Modification of Conditions re car wash facility at 820 South Military Highway (Approved November 27, 2007)DISTRICT 2—KEMPSVILLE Recommended Conditions: 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled "Concept Plan", prepared by Kimley-Horn, and revised April 22, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted site layout exhibit entitled, "Concept Plan",prepared by Kimley-Horn, and revised April 22, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The exterior of the proposed building, all doors, garage doors and windows shall be neutral earth tone colors and shall substantially adhere in appearance, size and materials to the submitted elevations entitled "Exterior Elevations",prepared by SBA Studios, and dated March 25, 2020, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 4. The dumpster shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 5. The operation of the car wash and vacuums shall be limited to between the hours of 8:00 a.m. to 8:00 p.m. 6. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals,and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign"and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. August 18, 2020 31 ITEM—I.I.2 PLANNING PLANNING COMMISSION ITEM#70650 (Continued) 7. The legally non-conforming electronic display sign shall be removed and replaced with a freestanding sign with a (2) two foot brick or matching building material base. Unless otherwise approved by the Board ofZoning Appeals, the freestanding sign shall be no taller than eight (8)feet in height measured from the ground to the top of the sign. Voting: 7-0 Planning Commission Members Voting Aye: George Alcaraz, John H. Coston, Donald Horsley, Robyn Klein, Dee Oliver, Jack Wall and David Weiner Planning Commission Members Absent: Steve Barnes, Walter Graham, Michael Inman and David Redmond August 18, 2020 32 ITEM—I.I.2 PLANNING CITY COUNCIL ITEM#70650 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council APPROVED,AS MODIFIED, BY CONSENT, Application of GREEN CLEAN SOUTH MILITARY, LLC for a Modification of Conditions re car wash facility at 820 South Military Highway (Approved November 27, 2007)DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA GREEN CLEAN SOUTH MILITARY, LLC for a Modification of Conditions re car wash facility at 820 South Military Highway(Approved November 27, 2007) (GPIN 1456253633)DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled "Concept Plan",prepared by Kimley-Horn, and revised April 22, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted site layout exhibit entitled, "Concept Plan",prepared by Kimley-Horn, and revised April 22, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The exterior of the proposed building, all doors, garage doors and windows shall be neutral earth tone colors and shall substantially adhere in appearance, size and materials to the submitted elevations entitled "Exterior Elevations",prepared by SBA Studios, and dated March 25, 2020, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 4. The dumpster shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 5. The operation of the car wash and vacuums shall be limited to between the hours of 8:00 a.m. to 8:00 p.m. August 18, 2020 33 ITEM—I.I.2 PLANNING CITY COUNCIL ITEM#70650 (Continued) 6. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals,and there shall be no neon,other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign"and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 7. The legally non-conforming electronic display sign shall be removed and replaced with a freestanding sign with a (2) two foot brick or matching building material base. Unless otherwise approved by the Board of Zoning Appeals, the freestanding sign shall be no taller than eight(8)feet in height measured from the ground to the top of the sign. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia,on the 18`h day of August Two Thousand Twenty. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 18, 2020 //`-'4! B-2 4/ ( i/ :� i I 4 R- R-1 '0 B_2 `!� �o'ria " 0 0-2 illpP) .: z 7 /I, , t �-1 O ° �-�� R-10�r o B-2 \lw* , .``/ , . //1(43:-2 `mil/ -iiiir' , 44,4, ,,Ar / k ril' B-2* i R-101/ 0 71* P _..1 __ //: ii i - *411,R7 tO 4*• Road _„8. 1, 4 4, ./ 0 _ 1 -1 R ' � _ _ * y Ire Nam, ' �� Site Green Clean South Military, LLC W•�1='\,,^E 1 Property_Polygons Zoning 820 South Military Highway s Parking Lot Drive AisleNie _Feet n 9c cn inn 1 cn Inn 7cn 4nn 34 ITEM—I.I.3 PLANNING PLANNING COMMISSION ITEM#70651 Upon motion by Vice Chair Weiner, seconded by Commissioner Horsley, Planning Commission APPROVED, AS CONDITIONED, BY CONSENT, Application of WILLIAM MARK CONBOY/ CONBOY CONSTRUCTION for a Conditional Use Permit re commercial kennel for 3285 Indian Creek Road DISTRICT 7—PRINCESS ANNE Recommended Conditions: 1. There shall be no more than 30 adult dogs kept on the property at any time. 2. All dogs, when outside, shall remain within the fenced-in area and be supervised at all times, and shall not be a nuisance to any other property owners or residents. 3. The dog kennel structure shall be maintained in a safe and sanitary condition. 4. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 5. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. Voting: 7-0 Planning Commission Members Voting Aye: George Alcaraz, John H. Coston, Donald Horsley, Robyn Klein, Dee Oliver,Jack Wall and David Weiner Planning Commission Members Absent: Steve Barnes, Walter Graham, Michael Inman and David Redmond August 18, 2020 35 ITEM—I.I.3 PLANNING CITY COUNCIL ITEM#70651 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of WILLIAM MARK CONBOY/ CONBOY CONSTRUCTION for a Conditional Use Permit re commercial kennel for 3285 Indian Creek Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA WILLIAM MARK CONBOY/ CONBOY CONSTRUCTION for a Conditional Use Permit re commercial kennel for 3285 Indian Creek Road(GPIN 1387681885)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. There shall be no more than 30 adult dogs kept on the property at any time. 2. All dogs, when outside, shall remain within the fenced-in area and be supervised at all times, and shall not be a nuisance to any other property owners or residents. 3. The dog kennel structure shall be maintained in a safe and sanitary condition. 4. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 5. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. This Ordinance shall be effective in accordance with Section 1071) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18th day of August Two Thousand Twenty. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 18, 2020 1 aAG-2 1 no° , AG_2 o AG-2 (AG-2 ' J ' , . o , Q AG .2 r I 0 _;::::-,.p.-..,,—....f.:4:_rki-...v.r:__. ❑ AG-2 la AG-1/&'AG-2 \------- . ° AG-1 AG-1 * AG-2* iffd -2-* N F. -�►V)h' site William Mark Conboy w `V►I'' E 1 Property_Polygons s Zoning 3285 Indian Creek Road Parking Lot Drive Aisle imi _Feet n Rn1Fn '.9n ARn kiln stnn OFn 36 ITEM—I.I.4 PLANNING PLANNING COMMISSION ITEM#70652 Upon motion by Vice Chair Weiner, seconded by Commissioner Horsley, Planning Commission APPROVED, AS CONDITIONED, BY CONSENT, Application of HARRIS TEETER PROPERTIES, INC./BRENNEMAN FARM RETAIL ASSOCIATES,LLCfor a Conditional Use Permit re automobile service station at 4540 Princess Anne Road DISTRICT 2—KEMPSVILLE Recommended Conditions: 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "Proposed Fuel Center, Brenneman Farm, Conceptual Site Plan", prepared by Kimley-Horn, dated June 12, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. A Landscape Plan shall be submitted at the time offinal site plan review reflective of the plant material depicted on submitted Landscape Plan entitled, "Proposed Fuel Center, Brenneman Farm, Conceptual Landscape Plan", prepared by Kimley-Horn, dated June 12, 2020 which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. The exterior of the proposed building and fuel canopy shall substantially adhere in appearance, size and materials to the elevations entitled, "Harris Teeter Fuel Center - #369 Brenneman Farms - Virginia Beach, VA",prepared by Kimley-Horn, dated June 2, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning& Community Development. 4. The freestanding sign shall be monument style with a brick base, be no taller than eight(8) feet in height measured from the ground to the top of the sign and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "HT #369 Fuel Center",prepared by Casco Signs, Inc., revised May 6, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning Department& Community Development. 5. Signage for the site shall be limited to: a. Directional signs b. Canopy signs that substantially adhere in appearance, size and materials to the white channel letter signs on the submitted sign exhibit entitled, "HT#369 Fuel Center", prepared by Casco Signs, Inc., revised May 6, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning Department& Community Development. August 18, 2020 37 ITEM—I.I.4 PLANNING PLANNING COMMISSION ITEM#70652 (Continued) c. One (1) monument-style freestanding sign, no more than eight(8)feet in height, set in a brick base, as noted in Condition 4. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 6. The dumpster shall be enclosed with a solid brick wall in a color and material to match the kiosk building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 7. All vacuums and air pumps shall be screened from the right-of-way with plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 8. Existing easements shall be depicted on the site plan submitted to the Development Services Center of the Department of Planning and Community Development at the time offinal site plan submission. 9. Outdoor vending machines and/or display of merchandise may be permitted if screened from view from the right-of-way as approved by the Planning Director. Ne—eeer Voting: 7-0 Planning Commission Members Voting Aye: George Alcaraz, John H. Coston, Donald Horsley, Robyn Klein, Dee Oliver, Jack Wall and David Weiner Planning Commission Members Absent: Steve Barnes, Walter Graham, Michael Inman and David Redmond August 18, 2020 38 ITEM—I.I.4 PLANNING CITY COUNCIL ITEM#70652 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of HARRIS TEETER PROPERTIES, INC./ BRENNEMANFARMRETAIL ASSOCIATES,LLC for a Conditional Use Permit re automobile service station at 4540 Princess Anne Road DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA HARRIS TEETER PROPERTIES, INC./ BRENNEMAN FARM RETAIL ASSOCIATES, LLC for a Conditional Use Permit re automobile service station at 4540 Princess Anne Road (GPIN 1476517896)DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "Proposed Fuel Center, Brenneman Farm, Conceptual Site Plan", prepared by Kimley-Horn, dated June 12, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted Landscape Plan entitled, "Proposed Fuel Center, Brenneman Farm, Conceptual Landscape Plan", prepared by Kimley-Horn, dated June 12, 2020 which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. The exterior of the proposed building and fuel canopy shall substantially adhere in appearance, size and materials to the elevations entitled, "Harris Teeter Fuel Center - #369 Brenneman Farms - Virginia Beach, VA",prepared by Kimley-Horn, dated June 2, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning& Community Development. 4. The freestanding sign shall be monument style with a brick base, be no taller than eight(8) feet in height measured from the ground to the top of the sign and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "HT #369 Fuel Center",prepared by Casco Signs, Inc., revised May 6, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning Department& Community Development. August 18, 2020 39 ITEM—I.I.4 PLANNING CITY COUNCIL ITEM#70652 (Continued) 5. Signage for the site shall be limited to: a. Directional signs b. Canopy signs that substantially adhere in appearance, size and materials to the white channel letter signs on the submitted sign exhibit entitled, "HT#369 Fuel Center", prepared by Casco Signs, Inc., revised May 6, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning Department& Community Development. c. One (1) monument-style freestanding sign, no more than eight(8)feet in height, set in a brick base, as noted in Condition 4. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 6. The dumpster shall be enclosed with a solid brick wall in a color and material to match the kiosk building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 7. All vacuums and air pumps shall be screened from the right-of-way with plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 8. Existing easements shall be depicted on the site plan submitted to the Development Services Center of the Department of Planning and Community Development at the time offinal site plan submission. 9. Outdoor vending machines and/or display of merchandise may be permitted if screened from view from the right-of-way as approved by the Planning Director. No outdaer This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18`h day of August Two Thousand Twenty. August 18, 2020 40 ITEM—I.I.4 PLANNING CITY COUNCIL ITEM#70652 (Continued) 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 August 18, 2020 OSL SZ9 00S SLE OSZ SZ6-Z90 6uiplin9 als!V antra 101 6ur1Jed peoj auud ssaauiad ant, 6uIu°Z 0 5 suo6Alod-Apadoad A74h •auk saipadoad Jalaal spieH y'.M ai!S re A NI GMS /7,----" firmr / 4, /, S'Lli * -i( .\,,,z., ,, _,:__ * - 97-- '6 ,4) .. „,...,4 \ ...A., ot. ® \ *0 e .--% , .,*7- /- , /..- •.. • */z-vv____,Th' ,,,,,. .., \ q., J , i IA ' *# Ale ' ''.4\A- 01-11 ‘\ 4.6V-V '- 0. 1 4..Q2) / V /1 o ..,-,s \y ‘,..;\ • „ # ,,_,, ' :(0 10 riNew 42.14941/ /// / * - •\ , , 5,,,c_ - w-, A .--- 1 ' - k:,V A.0\44 It.N. ' . v ,, 7 do 1. , 4 0, or- ,..,„0.„,,, ,\\,..,, q?2, ,, , , / . , \ ", , 4,,,, v, , ,, ,„ 7,-- ,,,, 1, vilfilt- N„ : //,',/ - - ' \\ ';' 4), . . . 7. 4 > iel‘ NU AP \ :‘, \ 1•1-1--a-d,,, .-3, c , s e, .,„.... ,„„7,,. ,,,,, _ ., , ..„Noy,t, •..„,, , - , ; -, - , • • - ., . \ 's, \ ,,,\51N/4-\ \--- \17-0,4\ vs- / ' / ' *-z, a„ - , '• -\\v, -\ \, 0 ‘\, s_(___/‘ N - * ,/ ,. // / • -- - z-e -- /\ , -\.2 0 ,v, .s. 0 ) ,/, _ , , . „ , \ g, ,3 "/lir ' z'i -v- -* z \ ". < \ \-\,* • - / • , 6) \• \ 0 ..zo 7,„, ‘ ..„ 3, _, / .* \_„- \-% ‘ . y , mt, i;,408' %S l , / ,:‘, 8 , ' , , ,,, , , , . 'ic / ' 0 , ‘1.\ \, c3 ' \), ' \-"' , , ‘ :C6 140 / ,0 ,cp 1 , .,/ . , ,, , , ,.., 0 10 •1 \ \\0 */1.-d , ' N ,, j:// \\____2 4! i ) o O o ��� 7��-�� _ter % " &. \\ �• '6 # Z 0 _ r 41 ITEM—I.I.5 PLANNING PLANNING COMMISSION ITEM#70653 The following registered to speak: Whitney Landon—property manager, 5015 Cypress Point Circle, Phone: 302-547-9502, did not respond Janet Marino, 951 Maryland Avenue, Phone: 377-4250, did not respond Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Chair Weiner, seconded by Commissioner Horsley, Planning Commission APPROVED,AS CONDITIONED,AS AMENDED,Application of MICHAEL JAMES FITZGIBBON for a Conditional Use Permit re short term rental at 2222 East Berrie Circle DISTRICT 4—BAYSIDE 1. The following conditions shall only apply to the dwelling unit addressed as 2222 East Berrie Circle and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times thrcc (3) two (2) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to 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 August 18, 2020 42 ITEM—I.I.5 PLANNING PLANNING COMMISSION ITEM#70653 (Continued) 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 one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two(2)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 one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10.•00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be three(3)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. August 18, 2020 43 ITEM—LL S PLANNING PLANNING COMMISSION ITEM#70653 (Continued) Voting: 7-0 Planning Commission Members Voting Aye: George Alcaraz, John H. Coston, Donald Horsley, Robyn Klein, Dee Oliver,Jack Wall and David Weiner Planning Commission Members Absent: Steve Barnes, Walter Graham, Michael Inman and David Redmond August 18, 2020 44 ITEM—I.I.5 PLANNING CITY COUNCIL ITEM#70653 Upon motion by Council Member Jones, seconded by Council Member Moss, City Council DENIED Application of MICHAEL JAMES FITZGIBBON for a Conditional Use Permit re short term rental at 2222 E. Berrie Circle 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 August 18, 2020 45 ITEM—I.I.6 PLANNING PLANNING COMMISSION ITEM#70654 The following registered to speak: Timothy Handlon—Applicant, 2541 Seaview Avenue, Phone:219-628-5118, spoke in SUPPORT Sierra Alderman—property manager, 2333 Dominion Avenue, Norfolk, Phone: 719-213-8854, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Commissioner Klein, seconded by Commissioner Alcaraz, Planning Commission APPROVED, AS CONDITIONED, AS AMENDED, Application of TIMOTHY HANDLON for a Conditional Use Permit re short term rental at 2541 Seaview Avenue DISTRICT 4—BAYSIDE Recommended Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 2541 Seaview Avenue and the Short Term Rental use shall only occur in the principal structure. 2. The garage space within the unit must remain a minimum of nine(9)feet by 18 feet,contain a minimum eight(8)foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 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 with more than the permitted number ofpeople who may stay overnight(number of bedrooms times three(3)two(2)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). 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. August 18, 2020 46 ITEM—I.I.6 PLANNING PLANNING COMMISSION ITEM#70654 (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 one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two(2)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 one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be three(3)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. August 18, 2020 47 ITEM—I.I.6 PLANNING PLANNING COMMISSION ITEM#70654 (Continued) Voting: 7-0 Planning Commission Members Voting Aye: George Alcaraz, John H. Coston, Donald Horsley, Robyn Klein, Dee Oliver,Jack Wall and David Weiner Planning Commission Members Absent: Steve Barnes, Walter Graham, Michael Inman and David Redmond August 18, 2020 48 ITEM—I.I.6 PLANNING CITY COUNCIL ITEM#70654 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council APPROVED, AS CONDITIONED,Application of TIMOTHYHANDLONfor a Conditional Use Permit re short term rental at 2541 Seaview Avenue DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA TIMOTHY HANDLON for a Conditional Use Permit re short term rental at 2541 Seaview Avenue (GPIN 1570721176)DISTRICT 4— BAYSIDE The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 2541 Seaview Avenue and the Short Term Rental use shall only occur in the principal structure. 2. The garage space within the unit must remain a minimum of nine(9)feet by 18 feet,contain a minimum eight(8)foot wide vehicle entryway opening,and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events with more than the permitted number of people who may stay overnight(number of bedrooms times three(3)two(2)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). 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. August 18, 2020 49 ITEM—LL 6 PLANNING CITY COUNCIL ITEM#70654 (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 one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two(2)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 one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be three(3)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. August 18, 2020 50 ITEM—I.I.6 PLANNING CITY COUNCIL ITEM#70654 (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 18th day of August 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 August 18, 2020 /// 7 / / / / / / / / / ? / / ; R-5R ... . 144A7v R 1 ' =SR/ , f-:-...."41111kip , -. / ,, - %%%•- __, : , s'' 'y R5- R //„-.4'1, ----(:). m R-5 R ,-...,...„ I ; i N Site Timothy Handlon w; fe Property_Polygons 2541 Seaview Avenue `V , s Zoning Parking Lot Drive Aisle NM MINIIIIIIIIIII 1111111111111111 _Feet i I n 1n ')n An an an Inn 1 on 51 ITEM—LI.7 PLANNING PLANNING COMMISSION ITEM#70655 Upon motion by Vice Chair Weiner, seconded by Commissioner Horsley, Planning Commission APPROVED, AS CONDITIONED, BY CONSENT, Application of CASEY KRUEMCKE for a Conditional Use Permit re short term rental at 133 Ackiss Avenue DISTRICT 6—BEACH Recommended Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 133 Ackiss Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three (3)) 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. 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 one million dollars. August 18, 2020 52 ITEM—I.I.7 PLANNING PLANNING COMMISSION ITEM#70655 (Continued) 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10::00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Voting: 7-0 Planning Commission Members Voting Aye: George Alcaraz, John H. Coston, Donald Horsley, Robyn Klein, Dee Oliver, Jack Wall and David Weiner Planning Commission Members Absent: Steve Barnes, Walter Graham, Michael Inman and David Redmond August 18, 2020 53 ITEM—I.I.7 PLANNING CITY COUNCIL ITEM#70655 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED,Application of CASEYKRUEMCKE for a Conditional Use Permit re short term rental at 133 Ackiss Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CASEY KRUEMCKE for a Conditional Use Permit re short term rental at 133 Ackiss Avenue (GPIN 2417537816)DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 133 Ackiss Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three two 0) 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. August 18, 2020 54 ITEM—I.I.7 PLANNING CITY COUNCIL ITEM#70655 (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 one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) 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 one million dollars ($1,000,000.00) 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 three (3)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. August 18, 2020 55 ITEM—I.I.7 PLANNING CITY COUNCIL ITEM#70655 (Continued) This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18th day of August Two Thousand Twenty. Voting: 9-1 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 and Vice Mayor James L. Wood Council Members Voting Nay: Barbara M.Henley Council Members Absent: Sabrina D. Wooten—Stepped out during vote August 18, 2020 w u_ io 7 , a 4- i It -----„.„j . , LC) , I : 1 '''> CN -0a----ftiiirevr.... / ' anUa^ b a� �► U,,, . = „ . ,, ,,, 4,\., \ i, . ed) Od ti / N Q as ce) V M k / ' SP! , V' It, 44\ iiO /, / QJ� N cD \_____ f \< O », / / • L O0 5 ' / 'Ce f (n d N CL CO t1 �i 1 56 ITEM—I.I.8 PLANNING PLANNING COMMISSION ITEM#70656 Upon motion by Vice Chair Weiner, seconded by Commissioner Horsley, Planning Commission APPROVED,AS CONDITIONED,BY CONSENT,Application of3D BUILDER INVESTMENTS,LLC for a Conditional Use Permit re short term rental at 421 21 S`Street DISTRICT 6—BEACH Recommended Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 421 21'Street, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two 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 Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three (3)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to 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 August 18, 2020 57 ITEM—I.I.8 PLANNING PLANNING COMMISSION ITEM#70656 (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 one million dollars. 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 Rentals. 12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. August 18, 2020 58 ITEM—I.I.8 PLANNING PLANNING COMMISSION ITEM#70656 (Continued) Voting: 7-0 Planning Commission Members Voting Aye: George Alcaraz, John H. Coston, Donald Horsley, Robyn Klein, Dee Oliver, Jack Wall and David Weiner Planning Commission Members Absent.• Steve Barnes, Walter Graham, Michael Inman and David Redmond August 18, 2020 59 ITEM—I.I.8 PLANNING CITY COUNCIL ITEM#70656 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED,Application of 3D BUILDER INVESTMENTS, LLC for a Conditional Use Permit re short term rental at 421 21 Sf Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 3D BUILDER INVESTMENTS, LLC for a Conditional Use Permit re short term rental at 421 21'Street(GPIN 24270823850002)DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 42121s'Street, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two 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 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. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three (3) two (2)) 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. August 18, 2020 60 ITEM—I.I.8 PLANNING CITY COUNCIL ITEM#70656 (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 one million dollars. 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 Rentals. 12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two(2)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 one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be three (3)two (2) individuals per bedroom. August 18, 2020 61 ITEM—I.I.8 PLANNING CITY COUNCIL ITEM#70656 (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 18`h day of August Two Thousand Twenty. Voting: 9-1 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 and Vice Mayor James L. Wood Council Members Voting Nay: Barbara M. Henley Council Members Absent: Sabrina D. Wooten—Stepped out during vote August 18, 2020 0,,,, \-\ , gee „---\ OR 33. cts (t) \ : _ \ , ,....... ....„___.\______:--\ \ , (IR __,,\,,----\13-\ ,_._- - .............\, :__________.- ,\ \ s .„„v•••• \ ----100 .z.---'.--. '- '4/rf> ....•.•....'../1#1# \ \ 'OR Vi„,, \ ,_, \ \ _ ,_J 11111 CI treet \\ _ __,J___.-- tS i , _� OR ,` N Site 3D Builder Investments, LLC In, Property_Polygons 421 21st Street W `1 E — s =Zoning r ParkingLot Drive Aisle Feet Building 0 10 20 40 60 80 100 120 62 ITEM—I.I.9 PLANNING PLANNING COMMISSION ITEM#70657 Upon motion by Vice Chair Weiner, seconded by Commissioner Horsley, Planning Commission APPROVED, AS CONDITIONED, BY CONSENT, Application of JOHN LOVERING & KRISTEN LOVERING for a Conditional Use Permit re short term rental at 1718 Baltic Avenue DISTRICT 6— BEACH Recommended Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 1718 Baltic 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. 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 Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events with more than the permitted number of people who may stay overnight(number of bedrooms times three (3) 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). 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 Planning Department for review and approval. This shall be done within six(6)months of the property real estate transaction closing date. August 18, 2020 63 ITEM—I.I.9 PLANNING PLANNING COMMISSION ITEM#70657 (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 one million dollars. 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 Rentals. 12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. August 18, 2020 64 ITEM—I.I.9 PLANNING PLANNING COMMISSION ITEM#70657 (Continued) Voting: 7-0 Planning Commission Members Voting Aye: George Alcaraz, John H. Coston, Donald Horsley, Robyn Klein, Dee Oliver, Jack Wall and David Weiner Planning Commission Members Absent: Steve Barnes, Walter Graham, Michael Inman and David Redmond August 18, 2020 65 ITEM—I.I.9 PLANNING CITY COUNCIL ITEM#70657 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, Application of JOHN LOVERING & KRISTEN LOVERING for a Conditional Use Permit re short term rental at 1718 Baltic Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JOHN LOVERING & KRISTEN LOVERING for a Conditional Use Permit re short term rental at 1718 Baltic Avenue (GPIN 24270730526750)DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 1718 Baltic 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. 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 Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events with more than the permitted number of people who may stay overnight(number of bedrooms times three (3) two (2)) 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. August 18, 2020 66 ITEM—I.I.9 PLANNING CITY COUNCIL ITEM#70657 (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 one million dollars. 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 Rentals. 12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two(2)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 one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10::00 p.m. or before 10.•00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be three (3)two (2) individuals per bedroom. August 18, 2020 67 ITEM—I.I.9 PLANNING CITY COUNCIL ITEM#70657 (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 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18`''day of August Two Thousand Twenty. Voting: 9-1 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 and Vice Mayor James L. Wood Council Members Voting Nay: Barbara M. Henley Council Members Absent: Sabrina D. Wooten—Stepped out during vote August 18, 2020 OR R w OR 101 street --" OR As et OR th sue - 1 `ABO street jjjj��I A8th Str% �� OROR� C. OR OR � et bre 1` 7 Na t13 t_/-i i../ � \\ 1 \� th NO Sheet ---- \ o \ 1i \ 77 , �p f 0 \11 - - _ . BeuleVard OR Q ch Virg"11a Burr ‘; ------ i V-\ _____-------- c- : /_° OR N Site John Lovering & Kristen Lovering -►!1`�E Property_Polygons 1718 Baltic Avenue .4�J' ^ s i l Zoning Parking Lot Drive Aisle Feet Building 0 1530 60 90 120 150 180 68 ITEM—I.J APPOINTMENTS ITEM#70658 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BOARD OF BUILDING CODE 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 HOUSING ADVISORY BOARD 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 WETLANDS BOARD August 18, 2020 69 ITEM—I. J APPOINTMENTS ITEM#70659 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: WILLIAM VAUGHAN Four year term 10/1/2020—9/30/2024 AGRICULTURE ADVISORY COMMISSION Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 18, 2020 70 ITEM—I. J APPOINTMENTS ITEM#70660 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: WILLIAM VAUGHAN (Agriculture Advisory Commission Liaison) Four year term 10/1/2020—9/30/2024 BIKEWAYS AND TRAILS ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 18, 2020 71 ITEM—I. J APPOINTMENTS ITEM#70661 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: ELIZABETH BAUMANN (Resort Advisory Commission) BRUCE THOMPSON HENRYRICHARDSON (Virginia Beach Hotel Association) LAURA HABR (Virginia Beach Restaurant Association) JEANNE EVANS-COX (Central Business District Association) ZOHNBURDON CHARLES THORNTON (Sports Marketing) PRESTONMIDGETT GARYRYAN RANDI VOGEL (Industry Sector Business Rep) TAGE COUNTS COURTNEYDYER DL4NNA HOWARD ROBERT MELATTI (Citizen) No Term CONVENTION& VISITORS BUREAU COMMUNITY TASK FORCE Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None *COUNCIL MEMBER MOSS VOTED VERBAL NAY FOR BRUCE THOMPSON August 18, 2020 72 ITEM—I. J APPOINTMENTS ITEM#70662 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: FINNLEY BRAKKE Representing Student One year term 8/18/2020— 7/31/2021 HISTORIC PRESERVATION COMMISSION Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 18, 2020 73 ITEM—I. J APPOINTMENTS ITEM#70663 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: AKEEM M. PROSSER (Representing Rose Hall District) Unexpired term 8/18/2020—8/31/2022 PARKS AND RECREATION COMMISSION Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 18, 2020 74 ADJOURNMENT ITEM#70664 Mayor Robert M. Dyer DECLARED the City Council JOINT SPECIAL FORMAL MEETING WITH PLANNING COMMISSION ADJOURNED at 8:04 P.M. r err . ius Chief Deputy C. Clerk an a Barnes MC City Clerk Dee Oliver Chair, Planning Commission Robert M. Dyer Mayor August 18, 2020 75 OPEN DIALOGUE The following registered to speak: Marsha Krieghauser, 304 Marlin Lane, Phone: 438-5559, spoke concerning Sandbridge parking Misty Brownell, 2469 Sandpiper Road, Phone: 636-9836, spoke concerning Sandbridge parking Jordan Lucas, 5736 Glenview Drive, Phone: 560-6756, did not respond Barbara Brumbaugh, 304 Pickerel Lane, Phone: 377-0514, spoke concerning Sandbridge parking Damien Stennett, 821 Foxmoore Court, Phone: 367-1942, spoke concerning equal rights for African Americans Kristine De Vogue, 305 Shad Lane, Phone: 348-7630, spoke concerning Sandbridge parking Terry Stevens, 312 Shad Lane, Phone: 647-4705, spoke concerning Sandbridge parking Pearl Renwick, 2064 Breck Avenue, Phone: 761-8567, did not respond Mark Montgomery, 308 Marlin Lane, Phone: 434-8042, did not respond Amy Frank, 953 Alma Drive, Norfolk, Phone: 443-303-7165, spoke in support of defunding police Jonathan Gorog, 1475 Five Hill Trail, Phone: 359-9393, did not respond Barbara Harper, 2735 Corprew Avenue,Norfolk, Phone: 663-3991, spoke concerning civil unrest and the need to educate citizens. Stanly Kennedy, 1093 Casanova Drive,Phone:360-981-4747,spoke concerning Cox Communications and the poor service he is provided, requested City Council to find better technology JaPharis Jones spoke in SUPPORT of defunding the Police Department and requested to have all charges against protestors dropped. Ellen McBride, 214 78`h Street, Phone: 286-0761, expressed concern for the abrupt end to the Volunteer Rescue EMS 5 Programs Cliff Cutchins,Bay Colony,Phone:403-5001, expressed concern for the abrupt end to the Volunteer Rescue EMS 5 Programs Leonard Montgomery, 308 Marlin Lane, spoke concerning Sandbridge parking Kim Naylor, 2800 Wood Duck Drive, Phone: 572-5757, spoke concerning Sandbridge parking Richelle Jones, 600 Warwick Avenue, did not respond Joan Davis, 2216 Sandfiddler Road, Phone: 714-2304, spoke concerning Sandbridge parking Andrew Roper, Sandbridge Civic League - President, 3020 Sand Bend Road, Phone: 426-2216, spoke concerning Sandbridge parking Vonnie Whitworth, 408 Count Fleet Circle, Phone: 647-6397, spoke concerning Sandbridge parking Jerome Bell, 3053 Clark Drive, Phone: 318-1306, spoke concerning civil unrest Barbara Messner, P. O. Box 514, requested City Council cancel the November 3, 2020,Meeting due to the election ADJOURNED AT9:09P.M. August 18, 2020