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Home My WebLink AboutAUGUST 25, 2020 SPECIAL SESSION MINUTES ..„...;),,t, .k.,1,.., Nr .n G� ¢s_4:_ i_i. (U irm - a v9*J b86e d'{,�, NS Olk AAl� v 134 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 25, 2020 Mayor Dyer called to order the SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Virginia Beach Convention Center, Tuesday,August 25, 2020, at 4:00 P.M Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None 2 CALL TO ORDER ITEM#70665 Mayor Dyer asked that the below letter dated August 20, 2020 be made a part of the record: August 20, 2020 "HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL Tuesday,August 25, 2020 4:00 P.M. Virginia Beach Convention Center 100019h Street The purpose of this SPECIAL SESSION is to allow City Council to hold City Manager briefings, City Council comments, and agenda review at the Virginia Beach Convention Center. At 5:15 p.m., City Council will convene into a Closed Session. At the conclusion of the Closed Session, City Council will reconvene and certify the Closed Session. Sincerely, s/ Robert M. Dyer Mayor" Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office August 25, 2020 G11,11A•$EAcy U G city of \Tirgirnia Bach 5 rs L�FL_OUR NA�1�N. ii5): ROBERT M."BOBBY"DYER MUNICIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)3855899 BDYER9VBGOV.COM August 20, 2020 HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL Tuesday,August 25,2020 4:00 P.M. Virginia Beach Convention Center 1000 19th Street The purpose of this SPECIAL SESSION is to allow City Council to hold City Manager briefings, City Council comments, and agenda review, at the Virginia Beach Convention Center. At 5:15 p.m., City Council will convene into a Closed Session. At the conclusion of the Closed Session, City Council will reconvene and certify the Closed Session. Sincerely, Robert M.Dyer Mayor Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office 3 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL STATEMENT ITEM#70666 4:02 P.M. Mayor Dyer welcome Alice Kelly,Director-Finance. Ms.Kelly expressed her appreciation to City Council for their continued support: FY2o2o Interim Financial Statements (lge d WV..fsu�A General Fund—12 months overview F1nanGe June 3o, 2020—Unaudited Alice Kelly,Director of Finance August 25,2020 Here is the FY 2020 General Fund Revenues and Expenditures Preliminary, Unaudited: FY 2020 General Fund Revenues and Expenditures Preliminary, Unaudited Rust MED Variance Revenues Local $ 1,015.5 $ 1,001.7 $ (13.8) State(includes PPTRA) 161.2 164.5 3.3 Federal 22.6 25.2 2.6 Total Revenues $1,199.3 $1,191..4 $ (7.9) 99.3% Expenditures City Operations $ 725.2 $ 648.4 $ 76.7 City Capital Projects-Cash Funding 64.9 64.9 - Transfer to Schools 470.6 431.6 39.0 Transfer to School Reserve Fund 5.8 5.8 - Total Expenditures $1,266.4 $1,150.7 $ 115.7 90.9% Amounts appropriated from Fund Balance $ (67.1) (encumbrances,approved carryforwards and others) August 25, 2020 4 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL STATEMENT ITEM#70666 (Continued) Here is the FY2020 General Fund Highlights—Revenues: FY2020 General Fund Highlights— Revenues ($Amounts in Millions) Over/(Under) Revenue Type: Budget Real Estate Tax $ 1.3 Personal Property Tax 2.6 Business Licenses 0.9 General Sales Tax 1.1 Hotel Taxes (1.1) Restaurant Meal Taxes (2.8) Utility Taxes (1.9) Other Local Taxes (5.8) Charges for Services (3.4) Other Revenues 1.2 Total $ (7.9) Here is the FY2020 General Fund Highlights—Expenditures: FY2020 General Fund Highlights— Expenditures ($Amounts in Millions) (Over)/Under Expenditure Type: Budget Personnel Cost $ 23.1 Other Operating Costs 35.7 Lease Payment to Commonwealth 2.5 Debt Service 1.6 Other Transfers 0.1 Transfer to School Board 39.0 Reserves for Encumbrances 13.7 Total $ 115.7 August 25, 2020 5 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL STATEMENT ITEM#70666 (Continued) Here is the Unassigned General Fund Balance June 30, 2011 thru 2020: UNASSIGNED GENERAL FUND BALANCE JUNE 30, 2011 THRU 2020 (IN MILLIONS) 5200-...._._.._..._...._....._......_.__....___.......__._..._...._...._.___... _._........._..___...._..._16.0% 13.5% 11.9% • r US'_....� iO3% 5159.2._12.0% 10.4% 101% 10.5% 20.2% - • + 9.5% ass 9.9% • • • • $121.3 f11g.4 3114.3 f 113 0 01 o $100- f104.0 51024 _...._.._........__....$107.1 -8.0% i2 f96.1 897.0 126 $50- - 4.0% � f f0 I 1 I 1 I 1 I I 1 0.0% 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 =UnaWgned GF Balance •%of Budgeted GF Revenue The total Unassigned Fund Balance for FY 2020, is$159.2-Million: General Fund - Fund Balance June 30, 2020 - Unaudited - (in millions) Total Fund Balance June 30,2020 $ 252.5 Less Reservations: Inventories&Loans Receivable 11.3 Community Services Board Restricted Funds 1.5 School True-Up (3.0) School Reversion 39.0 Carryforwards and Encumbrances 16.9 FY 2021 City CIP Budget 24.5 FY 2021 School Operating Budget 0.4 Human Services Electronic Implementation 0.3 Aquarium Marsh and Parking Lease 2.4 93.3 Total Unassigned Fund Balance FY 2020 $ 159.2 %of FY2021 Budgeted Revenues 13.49% 6 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL STATEMENT ITEM#70666 (Continued) Here are the FY 2019 and FY 2020 Cash Balances Comparisons: Cash Balance Comparisons General Find and Total Cash Balances FY2019 vs FY2020 S...uo SI,t00 l 5aoo Svw 5.[x, S Sd, + qek Here is the FY 2021 General Fund Revenues and Expenditures: FY 2021 General Fund Revenues and Expenditures Budget YTD Variance Revenues Local $ 1,030.7 $ 40.6 $ (990.1) State 161.7 1.2 (160.5) Federal 23.0 0.2 (22.8) Total Revenues $1,215.4 $ 42.0 $ (1,173.4) 3.5% Expenditures City Operations $ 778.5 $ 115.7 $ 662.7 City Capital Projects-Cash Funding 48.9 48.9 Trsf to Schools 439.0 36.6 402.4 Total Expenditures $1,227.4 $ 201.2 $ 1,065.1 16.4% Amounts appropriated from Fund Balance $ (12.0) (encumbrances,approved carryforwards and others) August 25, 2020 7 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL STATEMENT ITEM#70666 (Continued) Here is an overview of the FY 2021—July 2020 Trustee Taxes: FY 2021 -July 2020 Trustee Taxes Hotel Meal* Cigarette Amusement Sales TOTAL (June Sales) (June Sales) (June Sales) (June Sales) (May Sales) JULY 2019 $5,276,334 $6,919,767 $662,400 $1,454,865 $6,006,400 $20,319,766 JULY 2020 $4,100,503 $843,992 $786,600 $210,284 $5,715,400 $11,656,780 DIFFERENCE ($1,175,831) ($6,075,775) $124,200 ($1,244,580) ($291,000) ($8,662,986) %Change -22.3% -87.8% 18.8% -85.5% -4.8% -42.6% •Meal tax holiday June 2020 This chart shows the due date and the delay of penalties for the taxes listed: Meals, Hotel and Admission Tax Due Dates Month of Sale Due Date No Penalties Until Notes February' March 20,2020 April 19,2020 Marche April 20,2020 June 19,2020 April2 May 20,2020 July 19,2020 May2 June 20,2020 August 19,2020 Meals Tax at 0% June2 July 20,2020 Meals Tax at 0% ' Per City Treasurer,collection penalties delayed one month 2 Per City Council April 7,2020 ordinance,collections delayed and meals tax reduced to 0%for May and June. August 25, 2020 8 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL STATEMENT ITEM#70666 (Continued) Here is the Meal Tax Collection vs Assessments January 31 —June 30, 2020: Meal Tax Collection vs Assessments January 31,2020—June 30,2020 Meal Tax-Jan-June FY 2020 Assessments and Collections 6,000,000 .000,000 3,000,000 1,000,030 1,000,000 la�uait February Mardi April • FY1020 Assessments Y2020 C�Ilecticr.: Note:Assessments are on a month Lag(ex.January assessments are based on December Sales and collected in January) Here is the Hotel Tax Collection vs Assessments January 31 —June 30, 2020: Hotel Tax Collection vs Assessments January 31,2020—June 30,2020 Hotel Tax-Jan-June FY 2020 Assessments and Collections 2,o00,a00 1,803,0X 1,600,000 1,400,000 �, �• \ 1,200,000 . ' \ 1,000000 800.000 600,003 400,000 200,000 .anuai, February Mardi April May lure — • FY2020Auessments —FY2020 Collections Note:Assessments are on a month Lag(ex.January assessments are based on December Sales and collected in January) August 25, 2020 9 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL STATEMENT ITEM#70666 (Continued) Here is the 2019 and 2020 Hotel Tax Occupancy Rates Comparison: Hotel Tax Occupancy Rates Virginia Beach YOY Hotel Occupancy•RICOVERY Here is the Admissions Tax Collection vs Assessments January 31 —June 30, 2020: Admissions Tax Collections vs Assessments January 31,2020—June 30,2020 Admissions Tax-Jan-June FY 2020 Assessments and Collections 600,000 503,000 400,000 300,000 • \ 100,000 • • \ 100,000 \ �iarV hcbru.t,v April MaY rune • FY2020 Collections Note:Assessments are on a month Las(ex.January assessments are based on December Sales and collected in January) August 25, 2020 10 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL STATEMENT ITEM#70666 (Continued) Here is the Summary: Summary • Cash balances for all funds are at appropriate levels • Revenue for FY 2020 was lower than budget by$7.9 million • Expenditure savings occurred • Salaries • Conservative spending, reducing encumbrances,eliminate all but non- essential spending • CARES Act funding • Schools • True up estimate is$3 million • Reversion amount$39 million • FY 2021 July Trustee Revenues significantly lower than FY 2020 Here are the Next Steps: Next Steps FY20 • • - U• • to September 15, 2020 October 20, 2020 4 2020 Audited Financial Statements U•date and FY2021.October Update December 8, 2020 Mayor Dyer expressed his appreciation to Ms. Kelly for the presentation. *Council Member Moss requested to have his questions to Finance with the answers provided, included in the Minutes, attached hereto and made a part of the record. August 25, 2020 Terri H. Chelius From: David A. Bradley Sent: Monday, August 31, 2020 1:15 PM To: Terri H. Chelius Subject: FW: CM Memorandum to City Council dtd 21 Aug 2020: FY 20 Preliminary, Unaudited Financial Results and FY 21 July Interim Revenues Terri, This is what I sent him last Monday. From: David A. Bradley Sent: Monday, August 24, 2020 5:43 PM To:John D. Moss<johndmoss4109@gmail.com> Cc: Patrick Duhaney<pduhaney@vbgov.com> Subject: RE: CM Memorandum to City Council dtd 21 Aug 2020: FY 20 Preliminary, Unaudited Financial Results and FY 21 July Interim Revenues Council Member Moss, Below are more detailed answers to your questions from Saturday (I've reproduced the questions with the answers in bold). I've asked Human Resources to answer your question from a separate email about distribution of salaries aligned to the household income table in the Preliminary Official Statement. I will forward that to you once I receive it. 1. in the body of Patrick's memo second paragraph last sentence it references$115.7 in million expenditure savings, which are further expanded upon on slides 2 and 4, but there is no specific identification to how much of the expenditure savings are specifically attributable to CARES act reimbursement. Please identify by category type on slide 4 the expenditure savings that were attributed to CARES Act reimbursement. In the case of expenditure reimbursed from the CARES Act what we saved is the use of General Fund Revenues not a true reduction in expenses. I recognize you understand that, but for the general public the nuance is likely missed. CARE's revenues for General Fund recognized for FY 2020 is$3.2 million made up of salaries of$2.4 million and non- salaries$.8 million. 2. Is it correct to conclude that you will be providing more details on the true up with Schools in the immediate future? To follow-up with the general statement I provided last night, we should be able to provide an estimate in the soon. 3. Please breakout on slide 6 Inventories from loans receivable. I understand loans receivable, but can you less reservations for inventories? Loans receivables total$6.5 million and Inventories are$4.8 million. Inventories are a non-cash asset that is not readily available to pay expenditures and are not included in unassigned fund balance. 4. Refresh my memory, the 13.49% is of the General Fund (restricted and unrestricted or just the unrestricted)? The 13.49% is unassigned and does not include the other fund balance categories of nonspendable, committed, restricted or assigned amounts. The City's financial policies are conservative and only use unassigned amounts for the fund balance policy,so that is what is reported. 5. $152.9 million is 13.495 of"$1.180 billion. Is the number referenced in the Executive Summary or Operations volume of the adopted budget as baseline for the$'12 million appropriated from the Fund Balance cited on slide 8? If so can you provide the volume and page number? The projected uses of fund balance are shown on p. 105 of the Executive Summary. 6. Is it correct to conclude that we estimate the City's share of the budget to close out=/- of 1.180 billion? - For FY 21,the General Fund (excluding appropriating the use of fund balance) is approximately$1.18 billion (seen at the bottom of p. 105 in the Executive Summary) 7. If we had a meal tax holiday in June 2020 how did we collect any 2020 meal tax in June that is reported in July? What is it that I am missing about the column heading and the footnote? While the City Council approved a meal tax holiday for May and June,there are two reasons for meal tax collections in July—timing of remittances and certain vendors could not change their POS systems and still collected and remitted the meal tax. From: David A. Bradley Sent: Sunday, August 23, 2020 8:55 PM To:John D. Moss<johndmoss4109@gmail.com> Cc: Patrick Duhaney<pduhaney@vbgov.com> Subject: Re: CM Memorandum to City Council dtd 21 Aug 2020: FY 20 Preliminary, Unaudited Financial Results and FY 21 July Interim Revenues Council Member Moss, I have sent your email below and the other one from last night to Finance to get your answers. I believe I can offer some insight on a few of the questions right now though. The 13.49% is the unrestricted (unassigned) fund balance. With the FY 2020 revenue performing much better than discussed a few months ago, there will be some significant reversion funding related to schools.... higher than recent years, especially since planned expenditures like electricity, fuel, etc. were not fully expended due to the Schools closing this past Spring. We should be able to provide you a rough estimate on that number shortly. Regarding the Cares Act, I believe Finance only used expenditure reimbursements as presented at the July 7 briefing, but we will provide you the detail to this and all questions as requested below. Have a good evening. Sent from my iPhone On Aug 22, 2020, at 9:40 PM,john moss<johndmoss4109@gmail.com>wrote: 2 CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. David, in the body of Patrick's memo second paragraph last sentence it references $115.7 in million expenditure savings, which are further expanded upon on slides 2 and 4, but there is no specific identification to how much of the expenditure savings are specifically attributable to CARES act reimbursement. Please identify by category type on slide 4 the expenditure savings that were attributed to CARES Act reimbursement. In the case of expenditure reimbursed from the CARES Act what we saved is the use of General Fund Revenues not a true reduction in expenses. I recognize you understand that, but for the general public the nuance is likely missed. Is it correct to conclude that you will be providing more details on the true up with Schools in the immediate future? Please breakout on slide 6 Inventories from loans receivable. I understand loans receivable, but can you less reservations for inventories? Refresh my memory, the 13.49% is of the General Fund (restricted and unrestricted or just the unrestricted)? $152.9 million is 13.495 of—$1.180 billion. Is the number referenced in the Executive Summary or Operations volume of the adopted budget as baseline for the $'12 million appropriated from the Fund Balance cited on slide 8? If so can you provide the volume and page number? Is it correct to conclude that we estimate the City's share of the budget to close out =/- of 1.180 billion? If we had a meal tax holiday in June 2020 how did we collect any 2020 meal tax in June that is reported in July? What is it that I am missing about the column heading and the footnote? john 3 11 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 4:20 P.M. Mayor Dyer welcome Bill Landfair, Planning Evaluation Coordinator and Kevin Kemp, Zoning Administrator. Mr. Kemp expressed his appreciation to City Council for their continued support: 111111111 4. 1_1Nof Virginia Beach Planning Items September 1st, 8th, & 15tn City Council Meetings al II\ eei•BBr•ea -./• .. There are ten (10)Planning Items scheduled for September lsl: SUMMARY — September 1st 10 Planning items scheduled for City Council's consideration 1.10m Wilkins-Bayside District • Conditional Use Permit(Short Term Rental) • Recommended for Approval by Planning Commission&Staff 2.James E.Dodd-lynnhaven District • Conditional Use Permit(Short Term Rental) \ - -- Ir...a E.Dodd `'' 1 • Recommended for Approval by Planning Commission&Staff -- v' 3.Geoffrey Whiteside-Lynnhaven District ++""""� • Conditional Use Permit(Short Term Rental) 1; ,,,,.., `y • Recommended for Approval by Planning Commission&Staff a.e. WOW c e.David Lucas-Beach District �� `,�� - • Conditional Use Permit(Short Term Rental) --- „�- �, • Recommended for Denial by Planning Commission&Approval/ / *"- ! as+p+am�a.uc by Staff /.-.-- aa. ,mmma. 0,, •wran5m a'a°'r\ 5.Curtis Jordan-Beach District t.'t anv xro�t • Conditional Use Permit(Short Term Rental) �/ '' t t • Recommended for Approval by Planning Commission&Staff ys . p 6.&7.510 Holding,LLC-Beach District 1• Conditional Use Permit(Short Term Rental) • Recommended for Approval by Planning Commission&Staff August 25, 2020 12 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) SUMMARY — September 1st 10 Planning items scheduled for City Council's consideration 8.&9.510 Holding,LLC—Beach District • Conditional Use Permit(Short Term Rental) — • Recommended for Approval by Planning Commission&Staff 10.Nicholas Santiago—Beady District uE.aoia N* • Conditional Use Permit(Short Term Rental) �` • Recommended for Approval by Planning Commission&Staff v 4 > IDw Yneene • 14°f 'yam U." Dent! �7 2 s Meru 11C • CONDITIONAL USE PERMIT—Short Term Rentals Items 1-10 Recommended for Approval by Staff&Planning Commission (*Consent Agenda) Beach District Bayside District 5.Curtis Jordan' 1.Kim Wilkins` 6.&7.510 Holding,LLC' 8.&9.510 Holding,LLC• Lvnnhaven District 10.Nicholas Santiago 2.James E.Dodd 3.Geoffrey Whiteside' Recommended for Approval by Staff&Denial by Planning Commission Beach District 4.David Lucas 4 August 25, 2020 13 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) KIM WILKINS Item Council District Bayside Location. 1125 Pond Cypress Drive I `t I j d" may . ,. ......"4.. � L .,t ,F`A i 7 )r •1 i f j 1 i ; iiid ,� it____,, CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval s Planning Commission voted 10 to 0 to recommend Approval •�f " y IIA M M w. r a I .� Vre .ga )" • Request a Conditional Use Permit for Short Term Rental on property zoned PD-H2 Planned Development District .141.AR I4 PM WV .n` within Cypress Point neighborhood 10MI • 4-bedroom single-family home *r' A. ""` Pao CYPRESS nest(50') • 4 off-street parking spaces required;4 spaces provided (2 in the driveway,2 in the garage) 6 KIM WILKINS Item 1 August 25, 2020 14 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) Ly`©v S �e� •w ig O',kaP s ne m on Nkl, sum L e • aeon.. L Q urwe'nea.. Z Norwell Lane 1 Q Reemerge S i KIM WILKINS Item 1 JAMES E. DODD Item Council District Lynnhaven Locitiolr 2305 Oak Street 2 CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval Planning Commission voted 6 to 3 to recommend Approval August 25, 2020 15 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) 9'a 18'parking space Concrete driveway 1 2 • Request a Conditional Use Permit for Short Term Rental 37' on property within the R-7.5 Residential District(Shore 3 Drive Overlay)in the Cape Story neighborhood - am, • 3-bedroom single-family home 1 1 OAK0.n MET • 3 off-street parking spaces required;3 spaces provided a..a (all in the driveway) 9 James E.Dodd Item 2 Oda N to •KA I V:VAtr .1 s E' 911 - • G or,,rim Qr� o w9..,.a S10 10, -.IG r♦ ' 10 JAMES E.DODD Item 2 August 25, 2020 16 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) GEOFFREY WHITESIDE Item Council District Lynnhaven Location 131 South Thalia Road 3 -rti i 1i •. l ,• 1r A MI 1 ----74L.:4 Z : : upo IIl Tom^ f q•'•■ioil 9 J l ■ W! Lea La- ®y1 � 7a - ��JI , CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval 11 Planning Commission voted 9 to 0 to recommend Approval _____ [ . ., MO' _ l' 1 : 4411k r 9 r . . 6.1 I• ±: ;.__ , a& 1 I' * I n 11 • Deferred by City Council at the July 28°meeting to the September 1" meeting _• • Request for a Conditional Use Permit for Short Term Rental on property av zoned R-5D Residential District in the Thalia Village neighborhood concrete drmewav -rq � /, Ant= • 3-bedroom single-family dwelling ii Ili • 3 off-street parking spaces required;3 spaces provided(2 in the 9'.18'parking spa. driveway,1 in the garage) 1 • Applicant does not agree to the change to list as 2-bedroom SIR s ria oun 12 however agrees to 2 occupants per bedroom and 1 rental per 7-day •o;^a'� period. GEOFFREY WHITESIDE Item 3 August 25, 2020 17 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) J'J_____1 so ��J --- au .lam: WIRE I -BTAIUS Y �� • 'opaed p t'i 1 • oenrd S{ Q under Revewuitard (, 0Regd,erea 0 WrN Drive- [ 0 GEOFFREY WHITESIDE Item 3 DAVID LUCAS Item Council District Beach location: 505 Barberton Drive 4 ... . ........... , . _, ,,__,_„__,.._ t � a - ,...i ,= Qom; i � irr t .r. �. 1 i 1 r:7 1 j t SS. \\. \,...1 ,1+14.7r, , ,i . i J � ..4_._i \ \ ' .. •'..,. , \ �\W �r�U. 1 CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval 14 Planning Commission voted 5 to 4 to recommend Denial August 25, 2020 18 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) { tt � L. _art t "„-'-••- 1 parking space can fit Parkln(spice for •mL6K on site;2"parking space is completely in • Request for a Conditional Use Permit for Short Term Rental on SW Mrbsrton right-of-way property zoned A-18 Apartment District •, 1 (No Sidewalk) • 2-bedroom single-family unit of a duplex •^ 2 40 feet long • 2 off-street parking spaces required;2 spaces provided(1 in Barberton Drive the driveway,1 in the right-of-way between the driveway and street pavement) • Pedestrian and vehicular flow not impeded as no sidewalk is DAVID LUCAS Item 4 all la bi a •�,;, ,` sunll r s r � s ------- , ,..:, r--,,,7 . . __ _ __ ---- _____----t___ r'''\:>,1 ir ' ' _ssr STATUS kwasLJ r ♦ 4,..... o a Undo.. � , ,._. 7� \/i �1 1-� 16 DAVID LUCAS Item 4 August 25, 2020 19 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) CURTIS JORDAN Item Council District Beach Location: 629 Surfside Avenue 5 /J -c2 - 41/ q\ CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval 17 Planning Commission voted 10 to 0 to recommend Approval ,.� -. 111 I{��it� II ismit hand 9 t , 1 i■ n t; 3 C 7 Surfside Avenue • Request for a Conditional Use Permit for Short Term Rental on property zoned R-10 Residential District in the Croatan Beach neighborhood • 4-bedroom single-family dwelling • 4 off-street parking spaces required;4 spaces provided(3 in the driveway,1 in the garage) 1! CURTIS JORDAN Item 5 August 25, 2020 20 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) �c .l� cr Au . ,SAS, 1,1 9 -ice, Atilt• tt3 SWIM �� ti - s c • doted O under F«.. O rw,m.w 19 CURTIS JORDAN Item 5 510 HOLDING, LLC Items Council District.Beach 6 & 7 Location. 510 18th Street, Units A& B ,a 1 � ► a S \ r t' C � i wN J �, a= -o - .ern 1 .-. „-'i"wN.. CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval 20 Planning Commission voted 10 to 0 to recommend Approval August 25, 2020 21 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) e--e- L 9'x 18'parking space - 0 Unit A - - jit'.7'. : - r 9'x 18'parking spate 1,. I et1•fi _ Alnit B _ N - f,Existinggravel j=- - .INdriveway — - _ , II s • Request a Conditional Use Permit for Short Term �� .___Existing gravel w,t;,,6r«lot Rentals on property within the OR Oceanfront I !i commercial uses at 510A A B1715 street Resort Form Based Code District(Vibe Creative [p and the apartment at slonlx street District) `'� g 1 sun Mt Street/~ Mori A lei Cl ,,, 1 • 1-bedroom(Unit A)/1-Bedroom(Unit B) RTM MALE ST. • 2 off-street parking spaces required(1 for each unit);2 spaces provided on-site 21 510 Holding,LLC ,terr E&7 0�rye •r " t `�• , •� �1 Ei �N,s ue---iiii t .�11 1 1 1".iie;,'".11 . :i I WI.•.• ---------y3,.‘.. � ...v 0.,. . ... _ i-iii— S ..- iiit, 11 �4 i. STATUS I kk fit• 4a•'_�, w' o«•e r 1 �Q flee. MCI�1 �A 1.....1101, 22 510 HOLDING,LLC Items 6&7 August 25, 2020 22 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) 510 HOLDING, LLC Items Council District Beach 8 & 9 Location: 508 18th Street, Units A& B �-� - _ J f s„�, t 1.-0-' X 1 la 0 i,i1 jig'i _____ r \ -‘,,. 1 ' • ‘ •• 's 1 ji,.: ,, _ ;..,... , , ,,....,, CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval 23 Planning Commission voted 10 to 0 to recommend Approval a,q,_ 9'x 18'parking space—Una A C yl M. 9'a 18'parking space Unrt B 4' a © 1 2 3 I , - 'a Existing compacted gravel A � a �&.ak_Hx Ip _ ;� -i! - • Eaistin8 Brave)parking la for • Request a Conditional Use Permit for Short Term 14 1 f commercial uses orS1OA88 ITS Sam Rentals on property within the OR Oceanfront f and thy apartment xsloclrhWar Resort Form Based Code District(Vibe Creative District) ) --• 2-bedroom Unit A/1-Bedroom Unit B -- I I fueaA LIM • 2 off-street parking spaces required for Unit A TN HALF ST. and 1 for Unit B;3 total spaces provided on-site 510 Holding,LLC Item 8&9 August 25, 2020 23 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) itihA..0 Ivreviikis . F___ .,. ,..-4,. , , tip'-:- .. ,_ , ,taii :RV.. ., t.. ,. . .�t4,t: �+ . h t, •.4u tl+ _ . si,r 1 + or Bunn G:'No - •` le v. • tine,., ' +0. 9?. ``ip..� . II p ..,.... {s tj �; .of i., ss 510 HOLDING,LLC Items 8&9 NICHOLAS SANTIAGO Item Council District:Beach �O tocation: 905 12th Street A t .- 'k r v. S '` 11,E CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval 26 Planning Commission voted 9 to 0 to recommend Approval August 25, 2020 24 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) ... f, .{_.. 1r P .ztv LotA-2 .20 Lot Al i1_f 4 W O.....x. aa..aweY: i�t0sewtor a 911 9'•18'parkin{spx. 'g Y•18'parking apace =- i - in the garage 12°`>-r" v. • Request a Conditional Use Permit for Short Term Rentals on property zoned R-5D Residential District ...iot rv9 Tn fVA -i ast+.gmh&e U.0 v ._;r3 t • 3-bedroom unit within a duplex dwelling e•,b.me bemRtel Lots ia.e 1llns'nn -. — • 3-off-street parking spaces required;3 parking spaces e.14091201C1"7'" M'' - `.` provided(2 in the driveway and 1 in the garage) tstu NNW prit n Nicholas Santiago Item 10 e ....e.....g.1.1 0 ✓ 1p111z 00, i a S1 enttua ` 1 ra NICHOLAS SANTIAGO Item 10 August 25, 2020 25 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) Mr. Kemp turned the presentation over to Mr. Landfair. Mr. Landfair advised the nineteen (19)Planning Items scheduled for September 8fh, have previously been heard by City Council and requested if any Members would like a review. After City Council discussion, Mayor Dyer advised by consensus of City Council, to proceed to the September 15th Pending Planning Items. SUMMARY — September 8th 19 Planning items scheduled for City Council's consideration - 1.Melissa&Paul Venable-Lynnhaven District • Alteration to Existing Nonconformity • Recommended for Approval by Planning Commission&Staff ' 'y, )' ` raft.,a Paul Urn � '\ 2.Linda M.Addison-Centerville District ••,•-. ,•„ •l.e,.:l a......yet • Conditional Use Permit(Home-Based Wildlife Rehabilitation Facility) • Recommended for Approval by Planning Commission&Staff - i( gI A gl~ vuc..raana:a sw 3.Vogue Lashes&Spa-Beath District ra'^" • Conditional Use Permit(Tattoo Parlor) Ernmsnwl e.Maim 1 n` • Recommended for Approval by Planning Commission&Staff ;1 d � ai •.Church of the Ascension-Kempsviile District • Modification of Conditions(Religious Use) • Recommended for Approval by Planning Commission&Staff . S.Emmanuel B.Piston-Bayside District • Conditional Use Permit(Automotive Repair Garage)) • Recommended for Approval by Planning Commission&Staff �� SUMMARY — September 8th 19 Planning items scheduled for City Council's consideration 6.RyChae LyNea Reed-Kempsville District _ • Conditional Use Permit(Family Day-Care Home)) - - t - twit.a Paul by Planning Commission&Staff Vern Recommended for Approval 7.INKcredible Tattoo,LLC-Princess Anne District a•r�e. oc'm' Don' '(WWI • Conditional Use Permit(Tattoo Parlor) • Recommended for Approval by Planning Commission&Staff lacer.s a IN 8.Lorna C.Donatone,QPRT,Scott&Katherine Morin-Lynnhaven District Pr Plain i '_!�""•�+'• Conditional Use Permit(Community Boat Dock) • Recommended for Approval by Planning Commission&Staff ^\1E ' t y • eru, I; c.�Liw.r.Addy.. `•r` Msxmda.IDa.A LLC August 25, 2020 26 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) SUMMARY — September 8th 19 Planning items scheduled for City Council's consideration 9.&10.Vacation Properties,LLC-Beach District • Conditional Use Permit(Short Term Rental) • Recommended for Approval by Planning Commission&Staff Wr w".> 11.&12.Allen Prince-Beach District • Conditional Use Permit(Short Term Rental) • • Recommended for Approval by Planning Commission&Staff x ' 13.Mission Enterprises, LC-Beach District s , • Conditional Use Permit(Short Term Rental)L e: � ,. '{ • Recommended for Approval by Planning Commission&Staff ' - ' 14.Janet Marino-Beach District �'a.., • Conditional Use Permit(Short Term Rental) . • "< • Recommended for Approval by Planning Commission&Staff`.\ � i °� _M" .•" 15.&16.Arica Atkins&Melvin L.Atkins,II I-Beach District k • Conditional Use Permit(Short Term Rental) i v • Recommended for Approval by Planning Commission&Staff ��N. . ! 31 SUMMARY — September 8th 19 Planning items scheduled for City Councirs consideration 17.Teri Champion-Beach District • Conditional Use Permit(Short Term Rental) _ • Recommended for Approval by Planning Commission&Staff • •.-•..•-.•.a_.„;'+ 18.HMC,LLC-Bayside District • Conditional Use Permit(Short Term Rental) " • Recommended for Approval by Planning Commission&Staff 1r 19.Emily Perdoncin&Dennis Smith-Lynnhaven District it ' ,, • Conditional Use Permit(Short Term Rental) f - t • Recommended for Approval by Planning Commission&Staff "` •.,.^^TM^^ d " . \ August 25, 2020 27 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) There are sixteen (16)Planning Items scheduled for September 15th: SUMMARY — September 15th 16 Planning items scheduled for City Council's consideration 1.Studio Evolve,LLC—Rose Hall District � r Cromwell.Esq. • Conditional Use Permit(Body Piercing) •�o Cromwell.• Recommended for Approval by Planning Commission&Staff firrit,,,,- > 2.&3.lames T.Cromwell,Esq.—Lynnhaven District "'M '+,.• .. �' Mel'arched a Renee Fairchild ... ,,r.G At PM*Mare • Conditional Use Permit(Street Closure) t� t s. - 1 a� ,)I • Recommended for Approval by Planning Commission&Staff � M, Y1, h OeN■r- ,l w`y -dt,6 d.MtFc. 4.Bonney Road VB,LLC—Lynnhaven District \ • Conditional Use Permit(Motor Vehicle Sales&Service and --Js � �"+n Automobile Repair Garage) ; • • Recommended for Approval by Planning Commission&Staff 1"+ 1 5.Franklin Johnston Group Management&Development,LLC— \ N. Lynnhaven District ___1 • Conditional Use Permit(Housing for Seniors and Disabled - +� i Persons) k • • Recommended for Approval by Planning Commission&Staff 1 C �o•"`",ott.n.Y 6.Bonney G.Bright Sand Co.—Princess Anne District • Conditional Use Permit(Borrow Pit) 1111AM GSM t • 33 • Recommended for Approval by Planning Commission&Staff s£ ranee G.Beginsand Cod`, SUMMARY — September 15th 16 Planning items scheduled for City Councils consideration 7.Charlie Kim—Beach District r e.. f ��',q teF'llwea'es� • Conditional Use Permit(Short Term Rental) ♦. • Recommended for Approval by Planning Commission&Staff 4 �. Franklin J n ion t Bonn;,Ryq_yB,LLceMIcMN Fr..Fr..a Ran..FairchFairchild8.&9.Michael&Renee Fairchild—Beach District ei., curer Ivan. cM ne Kim• Conditional Use Permit(Short Term Rental) . ,t 4 • Recommended for Approval by Planning Commission&Staff '.;'-•' The Geed Item 10.Charity Figallo—Beach District f �"M LAB- • Conditional Use Permit(Short Term Rental) • 'r,; A, .3 • Recommended for Approval by Planning Commission&Staff 1, 11.Pham Vo,LLC—Centerville District \'- • Conditional Use Permit(Short Term Rental) `\ S • Recommended for Approval by Planning Commission&Staff 1 l i _, a 12.The Good Manor Group,LLC—Kempsvllle District Y • • Conditional Use Permit(Short Term Rental) osn F s • Recommended for Approval by Planning Commission&Staff • "fin ',wow., ,r.un men , 3O Ia•anMy B.MVO sane Co.` August 25, 2020 28 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) SUMMARY — September 15th 16 Planning items scheduled for City Council's consideration 13.City of Virginia Beach • Ordinance to amend Section 104 to allow civil penalties for -e -- I.‘ T.Cn.eVI.Y.Es. violations pertaining to Short Term Rentals _.4. • Recommended for Approval by Staff&Planning Commission , 4 Frontlln .`rf Iowa, R9.4 m.LLC'`a Farcnna t Roney Furcnna 14.City of Virginia Beach cwRr Farb cnanw wm • Ordinance to amend Section 241.2 pertaining to the s A revocation of amend rstatus and City Council findings for Short Term efor Th........., • Recommended for Approval by Staff and Denial by Planning - �"y}`.b^' ka,,o Commission -.v } b 15.City of Virginia Beach • Ordinance to amend Section 1903 allowing certain Short \ Term Rentals as permitted uses in the Old Beach Overlay tr \ • Recommended for Approval by Planning Commission(with f '.8 revisions)&Staff 16.City of Virginia Beach ,R.nF F • Ordinance to establish transition rules for the review of • pp0440 r.e i Conditional Use Permits for property in the Old Beach Overlay _. "' 35 • Recommended for Approval by Planning Commission&Staff iarMr,G.Goon,sw CO. STUDIO EVOLVE, LLC Item Council District Rose Hall iocation 512 S. Independence Boulevard t CONDITIONAL USE PERMIT(Body Piercing Establishment) Staff recommends Approval 36 Planning Commission voted 8 to 0 to recommend Approval August 25, 2020 29 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) i 14.__________, - - / 51.2 ' J ., .� j % ,.-• • Conditional Use Permit for a Body Piercing Establishment within an existing tattoo parlor • Original Conditional Use Permit for Tattoo Parlor approved in 2010,modified in 2015 to allow expansion • No exterior changes or signage proposed • Ample parking provided 37 STUDIO EVOLVE,LLC Item 1 JAMES T. CROMWELL, ESQ 1Yems Council District:Lynnhaven 2 & 3 Location: Unimproved alleys between 75th&76th Street,lane running on the north side of 75th Street,and lane running on the south side of 75th Street,West of Atlantic Avenue a„d J1.V 0 %t , ` -1�a STREET CLOSURE Staff recommends Approval 36 Planning Commission voted 8 to 0 to recommend Approval August 25, 2020 30 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) (/ 5'x375' 15'xu• 5111i11111N11111111i ,_ ove,"-... ..1 minglimmi, :-.: _ ___,,,1 _•::.•.:..:". - ems;.. _... • 18 adjoining property owners requesting ,7:'.' � e.� C:-_»_zI to close the majority of a 10'x 400' • -•"-- e l unimproved alley,between 75r"and 76r" Li �°` ,............a..::"' Streets,totaling 3,812 sf _• j • Two other smaller lanes also proposed to iebetloi° I "°"10n°°^'"""O°'" be closed(Lane A&B),totaling 2,700 sf • Areas proposed to be closed to be incorporated into the adjacent residential lots 35 JAMES T.CROMWELL,ESQ. Items 2&3 BONNEY ROAD VB, LLC Item Council District Lynnhaven Location 3825 Bonney Road 4 ^crv_ 4..,;, ........ . ., — ...,..... ,..,..... . ! , ; 1 i ,____„__ I - . 1 , ii F 11 " r \ ,. 1 1 -\-ii:11 ILA/ : $a _ ..�.`...." 1 -- MODIFICATION OF CONDITIONS(Motor Vehicle Sales&Service,Automobile Repair Garage) Staff recommends Approval b Planning Commission voted 8 to 0 to recommend Approval August 25, 2020 31 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) y-An ':;,,,,-,.: I . . e. DONNER ROAD . t , ,31 4,- 2f• r - - '. :242:).' -2' 1 rsl '-'''.-- - kr...7 ' -., is•%2:,- • • ,- 2.:-224.-- i . V.." -:, "-'. ' .2.valr 4,2% Asta rst•Scs —7;,' ki: ... .I - t . ,,,._..., . * I:.11 -- • . • Modification of Conditions requested to permit a ._.c!==.‘2.- 7-:*_. " 24'x 24'prefabricated metal building for interior detailing and exterior cleaning of vehicles 21 ir 24-feet garage building • Two-bay structure located behind the vehicle display area mimics color and design of auto sales building 41 BONNEY ROAD VB,LLC Item 4 FRANKLIN JOHNSTON GROUP MANAGEMENT & Item DEVELOPMENT, LLC Council District Lynnhaven 5 Location 3808&3820 Virginia Beach Boulevard,309&329 Birchwood Park ,....... , ........, 411Lit±ll4lit '''/ 1.1: ::- . C14.- si Q: 0 0 O L ., 1,Loy, —_ _ , __... fL,:it.L_DIclEpioui,F1 q.1-- W ii 1 6 11 1 I I 4141.22 1.022.*'' I 1 I ... ,._. ) Is : ''," .-.•;j" 'ia'. '----- ,222<:..L.._.... I •422....--- 42.22""Zs . • I 2 - s. CONDITIONAL USE PERMIT(Housing for Seniors&Disabled Persons) Staff recommends Approval 42 Planning Commission voted 8 to 0 to recommend Approval August 25, 2020 32 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) 11 rI __ I ��-- IIII1 ! . ' t ` . i "�'.'xsza 1@ r • Proposal to redevelop property with a 4-story,150-unit senior ,- i ,,-; T housing facility in the Rosemont SGA x ' ri ,,..m...,,,. ... • Conditional Use Permit for Housing for Seniors and Disabled dr i'. - 'M ,i Persons required as age restriction of 62 years and older - - Y b'u f (- 4 • Amenities will include an outdoor courtyard,community room, fitness center,and beauty salon • Proposed 186 parking spaces exceeds requirement of 150 spaces -ecewoou- 7 ,, FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC Item 5 BONNEY G. BRIGHT SAND CO. Item Council Dotrict Princess Anne Location 200 Princess Anne Road 6 / ,._,,,., ..„ ..,7\44,,,;: 7' ( \ A -.: - , IL._ , ,.,e... MODIFICATION OF CONDITIONS(Borrow Pit) Staff recommends Approval .+ Planning Commission voted 8 to 0 to recommend Approval August 25, 2020 33 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) f \ -- .. • Borrow pit in operation since 1970's • Modification of Conditions requested to for time extension of operation to June __2030 —__•- eRr; • No other changes proposed operations • Access to the site is from Currituck County,just south of NC boarder 45 BONNEY G.BRIGHT SAND CO. Item 6 Mr. Landfair turned the presentation over to Mr. Kemp: CONDITIONAL USE PERMIT—Short Term Rentals Items 7-16 • All Recommended for Approval by Staff&Planning Commission (*Consent Agenda) Beach District Centerville District 7.Charlie Kim 11.Pham Vo,LLC* 8.&9.Michael&Renee Fairchild* Kempsville District 10.Charity Figallo 12.The Good Manor Group,LLC* 13. Ordinance to amend Section 104 to allow for Civil penalties for violations pertaining to Short Term Rentals. 14. Ordinance to amend Section 241.2 pertaining to the revocation of grandfather status and City Council findings for Short Term Rental use. 15. Ordinance to amend Section 1903 allowing certain Short Term Rentals as permitted uses in the Old Beach Overlay District. 16. Ordinance to establish transition rules for the review of Conditional Use Permits for property in the Old 46 Beach District. August 25, 2020 34 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) CHARLIE KIM Item Council District Beach Location: 809 Vanderbilt Avenue 7 ij �� '�'1�1 �i�� , ....... F . ., . ,,, .,_. o....,-.,. , i ✓.. . , C i e i� k ^' -- \_L 1 CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval 47 Planning Commission voted 8 to 0 to recommend Approval OAll119aMr— :albs.— *pill 1 - , `4 ( A •amn t.,,-. a r .1 i d,, 11 ii ii f • -'-sZA.:-Avi4I I g N.. As 71 _ IOC t) I 1 , 10I 11 4 9'x 18'parking space• Request a Conditional Use Permit for Short Term Rentals on property zoned R-10 Residential District in the Croatan Beach nei hborhood ge>e garage w�. ge booboo a ;r g et the gan,ge . basketball pole : ' e. • 4-bedroom single-family ti' .3 mil'r i __ • 4 off-street parking spaces required;4 spaces -- - --- provided(3 spaces in the driveway,1 in the VANDBiiTAYHk1.E garage) (80 a,w.6-w.,6,1,4n 48 Charlie Kim Item 7 August 25, 2020 35 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) r i S1MUS • Dena O wa, O 9t9,4tna 49 CHARLIE KIM Item 7 MICHAEL FAIRCHILD & RENEE FAIRCHILD Items Council District.Beach 8 & 9 Location. 836&838 12th Street T Q u t 0.; CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval so Planning Commission voted 8 to 0 to recommend Approval August 25, 2020 36 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) p. — ^ _ — , .,_ Proposed posed adtitom P.. s•alb•varking span on scar *t,fll concrete J - concrete for 836120 - a June 73, )by on OU .>• • pe a aoanl driveway eewmauy • ' I 9Sa'parking pace IL „ ` naete for 83 8 1r20 _ Y. nem,�m.ml� :r , 1 +i... _ _ Gravel c^sr N8 rvvcs imam of l.5 hey ' h M to bo.. Concrte Fitlilb. . dary rry ` t lee aonarcrooa31 e5 Concreteaddition to existing driveway apron. by osc an June 25, `r.,I • Request a Conditional Use Permit for Short Term Rentals for both units of a duplex on property zoned 0 APPrtioin or 1 loramaa utmty �•—•_'... R-5D Residential District guy wires and ICI 2 1 2 utility box ` —__. • 2-bedroom Unit 836/2-Bedroom Unit 838 ? is 1�001. • 2 off-street parking spaces required for each unit;2 12th STREETw, spaces provided for each unit on-site a On July>,2020,the applicant confirmed the 51 oval of the unapproved parking gravel Michael Fairchild and Renee Fairchild frcmtheutYright<rray Item 8&9 f' l �140 SAY ■,A Vtg(te` j \v.1 7•-=- ., , / to ii,-"'.' ti. ..,‘,,,,r-t.\-----vilioa' \--r- nir11N111•e r pU1►►U%re :111�' • ■t,A IIk;' ba c s '1\41 I 11.1,0*ttlislit'-* � polo- �+ ^+IMS I Maw.w j('MAPS liklifr a t Ala an.a.. Iwi, Mt , :r►1i TTT 52 MICHAEL FAIRCHILD&RENEE FAIRCHILD Items 8&9 August 25, 2020 37 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) CHARITY FIGALLO Item Council District Beach �O Location 448 Garrison Place Y,.,..� �`� vt1�4� `�' ~' _a CO _ - V } it -1Ll1r iTh Li t ' j�l kaZt ! les;:'' '''.."'' ---ec-y-,' 0 i-7----1,=-,],_:_ r3, CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval 53 Planning Commission voted 6 to 2 to recommend Approval `;r' N��,t, ,f,y, - -__._._- -Driveway:Is'a 43.7' �.: - a ; + -- , I arc. I .. _ �j._ - - - rwY - 1-Perking space:9'x 18' r.... g,-1+.E A _ I T , I -- —Ndrzr �'� ' -Proposed Gravel:3'a 18' -. Y I •_ ! I -Handicap Ramp • Request a Conditional Use Permit for Short Term Rental on property within the R-7.5 Residential District in the Princess Anne Plaza neighborhood • 3-bedroom single-family • 3 off-street parking spaces required;3 spaces provided on-site(2 spaces in the existing driveway,1 space partially in the existing driveway and partially on 3-feet of gravel proposed to be added) se CHARITY FIGALLO Item 12 August 25, 2020 38 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) . sue•si__ . t„ iti n..._ itipmels 1111 .."ow •solglillpirmail- aunt 0totvt �;Q`of gyp•C ■ im.11 irt� . t- Qtgtt r+.ffrAKI pm ma a.I•..In • iH1114141: '��i►a r� ■or t eses*„.•.,„, st 4 tdrite/I .0,0.. v �r��zlZiss . STATUS 111:4Z18-:rcie_Ate.44... O aa.'a \ `! Ct) Y, 55 CHARITY FIGALLO Item 12 PHAM VO, LLC Item Council District.Centerville 11 Location: 5120 Settlers Park Drive r ....... ,.....,„, „,,i,iti:,., 1 _ ,..,. -.0 or, .../ ._( 0.0. 1i 1 1 ,.„--,-c-,,,,,.\--\70---j-i) CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval 56 Planning Commission voted 8 to 0 to recommend Approval August 25, 2020 39 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) GREENBELT'K-2D' .9'z]P'W hiry apace on convene fo 11'" 2D en.. ' p1 nrn —COb u Q "-a .__ LOT 74 Q , , a.SILL aorm w. LOT 73 - LOT 75 • Request a Conditional Use Permit for Short Term Rentals on , property within the PD-Hl Planned Development District (Indian River Land Use Plan) -a72274 • 2-bedroom townhome .. 32 f; • 2 off-street parking spaces required;2 spaces provided in IIMI driveway in front of unit '- -" "-" " .5E771.07S PARK A if E 57 (10'R/U0 Pham Vo.LLC. Item 11 �^'fie..�un�t 7;;IIN111U�i� 43; 1ø .si�, l ', :it NaN� .1,• Gr NN j i STATUS .41111 �� 1 � Q u a,no-.., R \�..� ell fi c ,• Rigger l Rd!., t so 5S PHAM VO,LLC Item 11 August 25, 2020 40 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) THE GOOD MANOR GROUP, LLC Item Council District Kempsville Location 1721 Rueger Street 12 / . , , J \ �,, �y: , „. /.. . •._ .... ,,,... ---.. 40:#' ' ,. . < , ' /' 1 tl,'''' vir' 0 ..-:, ',, ,....-:* .• \ *SI!, , ....„ . • CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval 59 Planning Commission voted 8 to 0 to recommend Approval ) +s039'WI „I, w -"tr' Ab.9). — — _.. — • .—J. - _ _ -Driveway f un,, addition added :'4''''."—:, - : i " 'al',—':'• p ' _£ ' srirrl soap sur'7s j March 2019 Semi- detached dwelling • Request a Conditional Use Permit for Short Term Rentals on t _�a property zoned R-5D Residential District in the Brandon i I surface neighborhood parking • spaces • 4-bedroom semi-detached home _,—i VIM • 4 off-street parking spaces required;4 spaces provided(2 entirely in driveway,2 in driveway partially overhanging Rueger Street " into right-of-way) 60 THE GOOD MANOR GROUP,LLC Item 12 August 25, 2020 41 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) ifir z �I 0 , . oa�� Melatlra Drhs O6 or $i r I cPa' i1 .d °k4o. ram_ _ f • STATUS ,two ;, ti • .... 61 THE GOOD MANOR GROUP,LLC Item 12 CITY OF VIRGINIA BEACH Item 13 An Ordinance to amend Section 104 to allow civil penalties for the violation of Section 241.2 pertaining to Short Term Rentals Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval 6: August 25, 2020 42 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) Currently violation is a criminal penalty. Civil penalties allow for zoning inspectors to issue a fine for violations of regulations of 241.2 or operating without approval • $200 penalty for initial summons • $500 penalty for each additional summons 63 CITY OF VIRGINIA BEACH Item 13 CITY OF VIRGINIA BEACH Item 14 An Ordinance to amend Section 241.2 pertaining to the revocation of grandfather status and City Council findings for Short Term Rental uses Staff recommends Approval Planning Commission voted 4 to 4,results in recommendation of Denial 64 August 25, 2020 43 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) 1. Grandfathered STRs that have ceased to operate for two or more years shall have their grandfather status revoked by the Planning Director. • Aligns with current regulations regarding nonconforming uses 2. Required Findings provide a basis for which staff,Planning Commission and City Council can evaluate and ultimately approve/deny an application. 1. Density of STRs in immediate vicinity do not change the characteristics of the surrounding neighborhood. 2. Parking is readily available.On-site parking is visually appealing and environmentally responsible.Off-site parking reasonable and practical. 3. Increased occupancy of property is compatible with residential neighborhood to mitigate impacts of noise, trash,and other negative consequences. 4. STRs are a needed resource in certain areas of the City,particularly those in close proximity to venues,districts and areas that generate high volume of visitors. • PLANNING COMMISSION MOTIONED TO APROVE CHANGING GRANDFATHERED TIMEFRAME TO 5 YEARS AND TO ELIMINATE FINDINGS#1 AND#4,MOTION FAILED WITH 4 VOTES FOR,4 AGAINST • PLANNING COMMISSION MOTIONED TO APPROVE CHANGING GRANDFATHERED TO 5 YEARS AND FINDINGS AS DRAFTED,MOTION FAILED WITH 4 VOTES FOR,4 AGAINST 65 CITY OF VIRGINIA BEACH Item 14 CITY OF VIRGINIA BEACH Item 15 An Ordinance to amend Section 1903 allowing certain Short Term Rentals as permitted uses in the Old Beach Overlay District Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval as amended 66 August 25, 2020 44 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) Old Beach Overlay District: Allows STRs by-right provided: 1. All requirements of Section 241.2 are met 2. STR is principal residence and owned by the operator If requirements not met,a CUP cannot be applied for Allows for only one STR per property owner PLANNING COMMISSION RECOMMENDED PROPERTIES EAST OF BALTIC AVENUE AND PROPERTIES WITH FRONTAGE ON BALTIC AVENUE ARE PERMITTED BY-RIGHT IF THEY MEET REQUIREMENTS OF 241 2,PROPERTIES WEST OF BALTIC AVENUE ARE PERMITTED BY RIGHT IF THEY MEET REQUIREMENTS OF 241 2 AND ARE THE PRIMARY RESIDENCE OF THE PROPERTY OWNER. 67 CITY OF VIRGINIA BEACH Item 15 1:��::,,. .may. 1 .a_ r _.- j -1:— y 68 August 25, 2020 45 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70667 (Continued) CITY OF VIRGINIA BEACH Item 16 An Ordinance to establish transitional rules for the review of Conditional Use Permits for property in the Old Beach Overlay District Staff recommends Approval Planning Commission voted 8 to 0 to recommend Approval 69 Proposed Ordinance will be effective immediately upon approval by City Council Any CUP applications that are submitted or under review prior to the date of referral of this Ordinance have to comply with the newly adopted regulations if not already approved when proposed Ordinance is approved. 70 CITY OF VIRGINIA BEACH Item 16 Mayor Dyer expressed his appreciation to Mr. Kemp and Mr. Landfair for the presentation. August 25, 2020 46 CITY COUNCIL COMMENTS ITEM#70668 4:48 P.M. Vice Mayor Wood advised Bruce W. Edwards, who served as the Chief of the Department of Emergency Medical Services for thirty-two (32)years,passed away. Vice Mayor Wood advised he will bring forward a Resolution renaming the Virginia Beach Emergency Medical Services Headquarters and Training Center as "The Bruce W. Edwards Virginia Beach Emergency Medical Services Headquarters and Training Center"for consideration on tonight's agenda. August 25, 2020 47 CITY COUNCIL COMMENTS ITEM#70669 (Continued) Council Member Moss referenced the City Assessor's Real Estate Report on New Construction, expressing it was a great report with good news concerning the completion of the Marriot Hotel and the Pro Marina Apartments. Council Member Moss advised there were 234 new condominiums and single family homes added during the quarter, however, 114 of those are assessed between$251,000 and$350,000 and he does not believe that price range benefits the need for affordable housing, adding only twenty-nine (29) new homes are assessed under$250,000. August 25, 2020 48 AGENDA REVIEW SESSION ITEM#70670 4:50 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: H. ORDINANCES/RESOLUTIONS 1. Ordinances to ACCEPT and APPROPRIATE: a. $10,141,570 in CARES Act Funding to FY2020-21 Virginia Beach City Public Schools (VBCPS) Operating Budget re support remote and extended learning, and continuity of operations and services b. $5,000 from Cox Communication to FY2020-21 Finance Operating Budget re provide outreach and engagement to Small, Woman, and Minority (SWaM) businesses through the Ignite Series(Requested by Council Member Wooten) 2. Resolution for APPROVAL of Ignite Series virtual boot camp in September 2020 (Requested by Council Member Wooten) 3. Ordinance to TRANSFER necessary funds from salary and vacancy savings within the FY2020- 21 Operating Budget re one-time payments of$1,500 to Emergency Responders and $250 to eligible full-time employees H. ORDINANCES/RESOLUTIONS: ITEM#2 WILL BE CONSIDERED SEPARATELY August 25, 2020 49 AGENDA REVIEW SESSION ITEM#70670 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: I. PLANNING 1. MCLAREN INVESTMENTS, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide the parcel into two lots and construct two single-family dwellings at 1129 Flobert Drive DISTRICT 2—KEMPSVILLE 2. ATRICE LEE RICHARD, JR., TRUSTEE OF THE ATRICE LEE RICHARD, JR. REVOCABLE LIVING TRUST for a Conditional Change of Zoning from AG-1 Agricultural District to I-1 Light Industrial District re subdivide into two lots and rezone Lot A and a Variance to Section 4.4(b)of the Subdivision Regulations re minimum lot area and lot width for Lot B at 2968 Holland Road DISTRICT 7—PRINCESS ANNE 3. KENNETH R. PRUITT/ KINGS'S GRANT BAPTIST CHURCH for a Modification of Conditions re open-air market at 873 Little Neck Road DISTRICT 5—LYNNHAVEN(Approved June 16, 2015) 4. SENIORS UNLIMITED LIFESTYLES, INC.! CITY OF VIRGINL4 BEACH for a Conditional Use Permit re housing for seniors and disabled persons at 1015 & 1020 Finney Circle and 5387& 5841 Burton Station Road DISTRICT 4—BAYSIDE S. WOLFE BROS EVENTS for a Conditional Use Permit re assembly use at 1145 Princess Anne Road DISTRICT 7—PRINCESS ANNE 6. JACOB SHORT for a Conditional Use Permit re short term rental at 4905 Mandan Road DISTRICT 4—BAYSIDE 7. YOUR NOT ALONE, LLC & DONALD & DEBRA WALKER REVOCABLE TRUST for a Conditional Use Permit re short term rental at 207 79`"Street, Unit C DISTRICT 5—LYNNHAVEN 8. LISA C.EURE/LISA C EURE,RITA BIANCHI&MICHAEL BURNS for a Conditional Use Permit re short term rental at 2312 Red Tide Road, Unit A DISTRICT 5—LYNNHAVEN 9. ATLANTIC DEVELOPMENT ASSOCIATES,LLC for a Conditional Use Permit re short term rental at 112A 56`"Street DISTRICT S—LYNNHAVEN 10. CEBT PROPERTIES, LLC for a Conditional Use Permit re short term rental at 201 64`" Street DISTRICT S—LYNNHAVEN 11. LA PAZ,LLC for Conditional Use Permit re short term rental at 2565 Shore Drive: a. Unit A b. Unit B DISTRICT S—LYNNHAVEN August 25, 2020 50 AGENDA REVIEW SESSION ITEM#70670 (Continued) 12. OCEAN RENTAL PROPERTIES,LLCfor a Conditional Use Permit re short term rental at 2216 Baltic Avenue, Unit B DISTRICT 6—BEACH 13. WILLIAM J. WRIGHT,JR.for a Conditional Use Permit re short term rental at 909 Pacific Avenue, Unit A DISTRICT 6—BEACH 14. CARLIN CREATIVE CONCEPTS,LLCfor a Conditional Use Permit re short term rental at 901 Pacific Avenue Unit B DISTRICT 6—BEACH 15. NATHAN BOLLING for a Conditional Use Permit re short term rental at 423 21' % Street DISTRICT 6—BEACH 16. DAWN WYATT for a Conditional Use Permit re short term rental at 609 Bayway Road DISTRICT 6—BEACH 17. NEW JERUSALEM CHURCH for a Conditional Use Permit re short term rental at 101 Bishop Thoroughgood Avenue DISTRICT 6—BEACH 18. AUSTIN BOYLES& STAR BOYLES for a Conditional Use Permit re short term rental at 1804 Baltic Avenue, Unit E DISTRICT 6—BEACH 19. MCLESKEY&ASSOCIATES/FWM RESIDENTIAL RENTAL PROPERTIES,LLC for Conditional Use Permits re short term rentals: a. 409 Southside Road b. 441 Southside Road DISTRICT 6—BEACH 20. MCLESKEY&ASSOCIATES/RUDEE HEIGHTS PROPERTIES,LLC for Conditional Use Permits re short term rentals at 1405 Cypress Avenue: a. Unit A b. Unit B DISTRICT 6—BEACH 21. JADE VACATIONS,LLC/JOSEPH CLARKfor a Conditional Use Permit re short term rental at 329 25t`Street DISTRICT 6—BEACH 22. ANDREAS LOIZOUfor a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 102 DISTRICT 6—BEACH 23. PROLIFIC PROPERTIES,LLCfor a Conditional Use Permit re short term rental at 1047 Coastaway Drive DISTRICT 6—BEACH 24. JOHN KEENAN for a Conditional Use Permit re short term rental at 410 Terrace Avenue DISTRICT 6—BEACH August 25, 2020 51 AGENDA REVIEW SESSION ITEM#70670 (Continued) 25. LONGCREEK,LLCfor Conditional Use Permits re short term rentals at 4005 Atlantic Avenue: a. Unit 110 b. Unit 111 c. Unit 210 d. Unit 212 DISTRICT 6—BEACH 26. CITY OF VIRGINIA BEACH—Resolution to APPROVE a freestanding sign in accordance with City Zoning Ordinance (CZO) Section 905 f(5)for Kempsville Volunteer Rescue Squad, Inc., DISTRICT 2—KEMPSVILLE 27. WESTMINSTER CANTERBURY ON CHESAPEAKE BAY for a Modification of Conditions re home of the aged, disabled and handicapped for the properties located at 3100 Shore Drive (Approved November 14, 1977)DISTRICT 5—LYNNHAVEN I.PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARATELY ITEM#6 WILL BE CONSIDERED SEPARATELY ITEM#7 WILL BE CONSIDERED SEPARATELY ITEM#8 WILL BE CONSIDERED SEPARATELY ITEM#11a/b WILL BE CONSIDERED SEPARATELY VICE MAYOR WOOD WILL ABSTAIN ON ITEM#1 l a/b ITEM#12 WILL BE CONSIDERED SEPARATELY ITEM#13 WILL BE CONSIDERED SEPARATELY ITEM#14 WILL BE CONSIDERED SEPARATELY ITEM#15 WILL BE CONSIDERED SEPARATELY ITEM#24 WILL BE CONSIDERED SEPARATELY ITEM#25a/b/c/d WILL BE CONSIDERED SEPARATELY ITEM#26 WILL BE CONSIDERED SEPARATELY ITEM#27 WILL BE CONSIDERED FOR DEFERRAL TO SEPTEMBER 22, 2020 COUNCIL MEMBER JONES WILL ABSTAIN ON ITEM#27 COUNCIL MEMBER WILSON WILL ABSTAIN ON ITEM#27 VICE MAYOR WOOD WILL ABSTAIN ON ITEM#27 August 25, 2020 52 ITEM#70671 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PERSONNEL MATTERS:Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) Council Appointments: Council, Boards, Commissions, Committees, Authorities,Agencies and Appointees August 25, 2020 53 ITEM#70671 (Continued) Upon motion Vice Mayor Wood, seconded by Council Member Abbott, City Council voted to proceed into CLOSED SESSION at 4:52 P.M. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None Closed Session 4:52 P.M. —5:40 P.M. August 25, 2020 54 CERTIFICATION ITEM#70672 Mayor Dyer RECONVENED the Special Session at 5:46 P.M in the Virginia Beach Convention Center. Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse August 25, 2020 GOA-BEgc Orlk J OF OUR N0Ot�' RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#70671 Page 53 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. 11*. Amanda B• es, MMC City Clerk August 25, 2020 55 ADJOURNMENT ITEM#70673 Mayor Robert M. Dyer DECLARED the City Council SPECIAL SESSION ADJOURNED at 5:47 P.M. s Chief Deputy City Clerk anda arnes, MMC Robert M. Dyer City Cl k Mayor August 25, 2020