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Home My WebLink AboutSEPTEMBER 8, 2020 SPECIAL SESSION MINUTES fri, 4„.,„...7,1....,1444,..„ 2,,,,,t __. ,,..,v, Ef -7- IS) rbeaciinel?„.1 cc V.1:17.,• -Y VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 8, 2020 Mayor Dyer called to order the SPECIAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the Virginia Beach Convention Center, Tuesday, September 8, 2020, at 3:00 P.M Council Members Present: 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 Absent: None 2 CALL TO ORDER ITEM#70762 Mayor Dyer asked that the below letter dated September 3, 2020, be made a part of the record: September 3, 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,September 8, 2020 3:00P.M. Virginia Beach Convention Center 1000 19th Street The purpose of this SPECIAL SESSION is to allow City Council to hold a City Manager briefing, City Council comments, and agenda review, at the Virginia Beach Convention Center. At 4:30 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 September 8, 2020 0/41A•BFAc City of V urgi riia S each 9?,fs • 5 e� Op OUR Ntcz V ligov.com ROBERT M."BOBBY'DYER MUNICIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 BDYEROVBGOV.COM September 3, 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,September 8, 2020 3:00 P.M. Virginia Beach Convention Center 100019t Street The purpose of this SPECIAL SESSION is to allow City Council to hold a City Manager briefing, City Council comments, and agenda review, at the Virginia Beach Convention Center. At 4:30 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 BRIEFING DRAFT 2021 LEGISLATIVE AGENDA ITEM#70763 3:03 P.M. Mayor Dyer welcomed Robert Matthias, Assistant to the City Manager for Government and Military Affairs. Mr. Matthias expressed his appreciation to City Council for their continued support: DRAFT LEGISLATIVE AGENDA GENERAL ASSEMBLY 2021 SESSION Presented to the Virginia Beach City Council September 8,2020 C 1 fl © o 0 0 on Fl © o 0 0 0 f fl D T Ft 9 c! f r! .. r :,L„ . , rya Presented By:Robert Matthias Here are the Long-Term Policy Positions: LONG-TERM POLICY POSITIONS CERTIFICATE OF PUBLIC NEED COMMONWEALTH OF VIRGINIA COMMUNICATIONS TAX UPDATE FULL FUNDING FOR THE STEP-VA PROGRAM September 8, 2020 4 CITY MANAGER'S BRIEFING DRAFT 2021 LEGISLATIVE AGENDA ITEM#70763 (Continued) Here are the New Initiatives: NEW INITIATIVES HEART DISEASE PRESUMPTION FOR SALARIED EMS PERSONNEL Sponsored by Vice-Mayor Jim Wood OBTAINING PRESCRIPTION DRUGS BY FRAUD, DECEIT, OR FORGERY Sponsored by Vice-Mayor Jim Wood SMART SCALE—RESILIENCY Sponsored by Councilmember Barbara Henley NEW INITIATIVES (cont.) LIMITATIONS ON THE NUMBER OF BALLOONS THAT MAY BE SET FREE Sponsored COttn^%hno^,hcr Guy Tows; DEFINITION OF SMALL BUSINESS Sponsored by Councilmernbers Sabrina Wooten 8 Rosemary Wilson 9 DIVERSITY IN JUDICIAL APPOINTMENTS Sponsored by Councilmember Michael Berlucchi 8 The Virginia Beach Human Rights Commission September 8, 2020 5 CITY MANAGER'S BRIEFING DRAFT 2021 LEGISLATIVE AGENDA ITEM#70763 (Continued) Here is the Adoption Schedule: ADOPTION SCHEDULE Friday, September 4 - First Draft of Legislative Agenda Provided to City Council in Friday Package Tuesday, September 8 - Briefing to City Council Tuesday, October 6 - Public Hearing on Legislative Agenda Tuesday, October 20 - Final Adoption by City Council Wednesday, January 13 - First day of 2021 General Assembly Session Here is the General Assembly Schedule: 2021 GENERAL ASSEMBLY SCHEDULE November 30, 2020 — Pre filing Begins January 13, 2021 — 2021 Session Begins March 2, 2021 — Session Ends September 8, 2020 6 CITY MANAGER'S BRIEFING DRAFT 2021 LEGISLATIVE AGENDA ITEM#70763 (Continued) The next four(4)slides provide an overview of draft legislation submitted to the General Assembly for consideration: QUALIFIED IMMUNITY/SOVEREIGN IMMUNITY FOR POLICE Qualified/Sovereign Immunity for Police. HB 5013, Delegate Jeff Bourne, Richmond,will create a liability for the city to pay damages if a person is,as described in the proposed legislation,"deprived of liberty or other constitutional rights'.In other words,any cause of action brought under this section may not use sovereign or governmental immunity as a defense. This Bill was reconsidered once and defeated twice in the House, but under parliamentary rules may be proposed reconsideration again. The Senate version - SB 5065-was defeated early in the session. A fiscal impact statement was provided,which included several localities,that estimated initial costs per year from$50,000 to$500,000.Virginia Beach was$185.000.Concerns increases in insurance costs and the concept of qualified immunity ensuring increased numbers of lawsuits without merit, and loss of experienced law enforcement are also noted in the statement. In each case,the responding localities,including Virginia Beach, have indicated variables and unknowns that could escalate costs well into the 10's of millions of dollars. BAN ON POLICE PURCHASE OF SURPLUS MILITARY EQUIPMENT Ban on Purchasing Surplus Military Equipment for Police: SB 5030 Senator Lucas - Of the two measures, this bill has less broad reaching definitions. It would ban .50 caliber weapons and tracked armored vehicles and bayonets. Passed committee in Senate The House bill HB 5049 Del Helmer would ban the purchase of wheeled vehicles, Camo uniforms etc. Passed committee in House-read first time. September 8, 2020 7 CITY MANAGER'S BRIEFING DRAFT 2021 LEGISLATIVE AGENDA ITEM#70763 (Continued) VIRGINIA FOIA; RELEASE OF LAW ENFORCEMENT CRIMINAL INCIDENT INFORMATION/REPORTS 4 Release of Criminal Justice Investigative Reports: HB 5090, Delegate Hurst, will require release of almost all records in investigations. Passed appropriations. Based on his quotes in the paper, he plans to amend based on input regarding re-traumatization of victims and family and related ongoing investigations. There is no Senate Companion. CIVILIAN REVIEW PANELS INIONVESTIGATION AND DISCIPLINARY POWERS Civilian Review Panels Investigation and Disciplinary Powers SB 5035, Senator Hashmi is permissive in that localities may create civilian oversight boards. If established, it the bill currently states, "The locality shall establish the policies and procedures for the performance of duties by the oversight body as set forth in this section.' The bill does not include Sheriffs'Departments, lays out what shall be investigated, includes subpoena powers: may recommend binding disciplinary determinations, investigate and recommend changes to policing policies: make budgetary recommendations etc. Passed Senate Committees. On senate floor HB 5055, Delegate Herring,is similar to SB 5035 Passed House.Referred to Senate Judiciary Committee. September 8, 2020 8 CITY MANAGER'S BRIEFING DRAFT 2021 LEGISLATIVE AGENDA ITEM#70763 (Continued) DISCUSSION and Thank You! Mayor Dyer expressed his appreciation to Mr. Matthias for the presentation. September 8, 2020 9 CITY COUNCIL COMMENTS ITEM#70764 3:50P.M. Vice Mayor Wood distributed a proposed Resolution and five(5)proposed Ordinances pertaining to Short Term Rentals, attached hereto and made a part of this record. Vice Mayor Wood advised the proposals would create overlay districts in the Lynnhaven and Bayside Districts and potentially the Beach District if Council Member Tower would like to have the Beach District incorporated. Vice Mayor Wood provided the body with information to review in advance of next week's briefing. Council Member Tower advised he would like to coordinate efforts to ensure there will be uniformity in areas near the water. Council Member Henley asked if the proposed overlays will allow for citizen input, similar to Special Service District(SSD)requirements. Mark Stiles, City Attorney, advised overlay districts can be initiated by either City Council or citizens; a SSD must have a specific percentage of citizens in support before it can move forward. Council Member Moss requested a detailed map of each overlay district currently in place with the proposed overlay districts to provide a graphic for the briefing. Council Member Abbott asked if the proposals would have any impact on home sharing? Mr. Stiles advised the proposals will not affect home sharing. Council Member Wilson asked if the proposals would change anything else in the City? Vice Mayor Wood advised if the proposed overlay districts are adopted,future Short Term Rentals would only be allowed in those districts. Mr. Stiles advised the Short Term Rentals that have been approved will be grandfathered but there will not be any new applications approved. September 8, 2020 REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBER JONES 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION ORDINANCES TO AMEND THE CITY ZONING 3 ORDINANCE, PERTAINING TO SHORT TERM RENTALS:TO 4 AMEND SECTION 102 OF THE CITY ZONING ORDINANCE 5 ESTABLISHING SHORT TERM RENTAL OVERLAY 6 DISTRICTS—WEST SHORE DRIVE, EAST SHORE DRIVE 7 NORTH END AND OCEANFRONT RESORT; TO ADD 8 ARTICLE 23, CONSISTING OF SECTIONS 2300 TO 2303, 9 (SHORT TERM RENTAL OVERLAY DISTRICTS) TO THE 10 CITY ZONING ORDINANCE ESTABLISHING REGULATIONS 11 AND REQUIREMENTS PERTAINING TO SHORT TERM 12 RENTALS IN EACH OVERLAY DISTRICT; TO AMEND THE 13 OFFICIAL ZONING MAP BY THE DESIGNATION AND 14 INCORPORATION OF PROPERTY INTO SHORT TERM 15 RENTAL OVERLAY DISTRICTS—WEST SHORE DRIVE, 16 EAST SHORE DRIVE, NORTH END AND OR DISTRICT; TO 17 AMEND SECTIONS 401, 501, 506, 601, 901, 1110, 1125, 1521 18 AND 2203 OF THE CITY ZONING ORDINANCE AND 19 SECTION 5.2 OF THE OCEANFRONT RESORT DISTRICT 20 FORM-BASED CODE PERTAINING TO THE 21 REQUIREMENTS AND USE OF SHORT TERM RENTALS 22 AND OVERLAYS; ESTABLISHING TRANSITIONS RULES 23 FOR THE REVIEW OF CONDITIONAL USE PERMITS FOR 24 SHORT TERM RENTALS IN THE SHORT TERM RENTAL 25 OVERLAYS 26 27 WHEREAS, the public necessity, convenience, general welfare and good zoning 28 practice so require; 29 30 WHEREAS, concern has been expressed that the density of short term rentals is 31 increasing too rapidly and that the number of short term rentals will make the city appear 32 vacant during the off season; and 33 34 WHEREAS, the five (5) ordinances are to amend the City Zoning Ordinance to 1) 35 create four short term rental overlay districts, 2)to establish the conditions for each overlay 36 district, 3) to amend the official zoning map with the four overlays, 4) to amend the 1 37 requirements for short term rentals in each zoning district and, 5)provide transition rules for 38 the overlays; and 39 40 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 41 VIRGINIA: 42 43 There are hereby referred to the Planning Commission, for its consideration and 44 recommendation the five (5) ordinances attached hereto. 45 46 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 47 BEACH, VIRGINIA: 48 49 That the Planning Commission be, and hereby is, directed in accordance with Virginia 50 Code Section 15.2-2229 to transmit to the City Council its recommendations concerning the 51 aforesaid amendments no later than one hundred (100)days after the date of the adoption 52 of this Resolution. Adopted by the City Council of the City of Virginia Beach,Virginia,on the day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15135 R-5 September 4, 2020 2 REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBER JONES 1 AN ORDINANCE TO AMEND SECTION 102 2 OF THE CITY ZONING ORDINANCE 3 ESTABLISHING SHORT TERM RENTAL 4 OVERLAY DISTRICTS — WEST SHORE 5 DRIVE, EAST SHORE DRIVE, NORTH END 6 AND OCEANFRONT RESORT 7 8 Section Amended: § 102 of the City Zoning 9 Ordinance 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Section 102 of the City Zoning Ordinance is hereby amended and 18 reordained to read as follows: 19 20 Sec. 102. - Establishment of districts and official zoning maps. 21 22 . . . . 23 24 (al) There are hereby established the following overlay districts: 25 26 (1) Shore Drive Corridor Overlay District ("SD"); 27 28 (2) North End Overlay District ("NE"); 29 30 (3) Old Beach Overlay District ("OB"); 31 32 (4) Historic Kempsville Area Overlay District ("HK"); 33 34 (5) Workforce Housing Overlay District ("WF"); and 35 36 (6) Short Term Rental Overlay District ("STR"). 37 38 a. West Shore Drive ("STR-W") 39 b. East Shore Drive ("STR-E") 40 c. North End ("STR-NE") 41 d. Oceanfront Resort ("STR-OR") 42 43 Such districts shall be designated on the official zoning map by an appropriate notation 44 following the designation of the underlying zoning district. As an illustration, property in 45 the Shore Drive Corridor Overlay District and in the B-4 Mixed Use District shall be 46 designated on the official zoning map as having the classification "B-4(SD)." 47 48 . . . . 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA15136 R-2 August 3, 2020 REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBER JONES 1 AN ORDINANCE TO AMEND SECTIONS 401, 501, 601, 2 901, 1110, 1125, 1521 AND 2203 OF THE CITY ZONING 3 ORDINANCE AND SECTION 5.2 OF THE OCEANFRONT 4 RESORT DISTRICT FORM-BASED CODE PERTAINING 5 TO THE REQUIREMENTS AND USE OF SHORT TERM 6 RENTALS AND OVERLAYS 7 8 Sections Amended: City Zoning Ordinance Sections 401, 9 501, 601, 901, 1110, 1125, 1521, and 2203 and Oceanfront 10 Resort District Form-Based Code Section 5.2 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Sections 401, 501, 601, 901, 1110, 1125, 1521, and 2203 of the City Zoning 19 Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code are 20 hereby amended and reordained, to read as follows: 21 22 ARTICLE 4. - AGRICULTURAL DISTRICTS 23 24 Sec. 401. Use regulations. 25 26 (a) Principal and conditional uses. The following chart lists those uses permitted 27 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 28 respective agricultural districts shall be permitted as either principal uses indicated by a 29 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 30 shall be prohibited in the respective districts. No uses or structures other than as 31 specified shall be permitted. 32 Use AG- AG- 1 2 Short term rental GX i-GX Short term rental within the Sandbridge Special Service Districts* meeting all P P of the requirements of Section 241.2 Short term rental within an STR Overlay District, meeting all of the P P requirements of Section 241.2 and, where applicable, Section 2303 I 1 33 34 ARTICLE 5. RESIDENTIAL DISTRICTS. 35 36 37 38 Sec. 501. Use regulations. 39 40 (a) Principal and conditional uses. The following chart lists those uses permitted 41 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 42 respective residential districts shall be permitted as either principal uses indicated by a 43 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 44 shall be prohibited in the respective districts. No uses or structures other than as 45 specified shall be permitted. 46 —— Use -----I R- 1 R- R- R- R- 1 R- R- R- R- R- 40 ! 30 20 15 1017.5 5D 5Ri5S 2.5 Short term rental X X X X X X X X X X Short term rental within the Sandbridge Special Service Districts* meeting all of the i P P P P P P PPP P requirements of Section 241.2 Short term rental within an STR Overlay District, meeting all of the requirements of PPPPPP PPP P Section 241.2 and, where applicable, Section 2303 47 48 . . . . 49 50 ARTICLE 6. - APARTMENT DISTRICTS 51 52 . . . . 53 2 54 Sec. 601. - Use regulations. 55 56 (a) Principal and conditional uses. The following chart lists those uses permitted 57 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 58 respective apartment districts shall be permitted as either principal uses indicated by a 59 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 60 shall be prohibited in the respective districts. No uses or structures other than as 61 specified shall be permitted. 62 ----- __ -- Use A- A- A- A- 12 18 24 36 1 Short term rental GGGG X X X X Short term rental within the Sandbridge Special Service District* PPP P meeting all of the requirements of Section 241.2 Short term rental within an STR Overlay District, meeting all of the PPP P requirements of Section 241.2 and, where applicable, Section 2303 63 64 65 ARTICLE 9. - BUSINESS DISTRICTS 66 67 . . . . 68 69 Sec. 901. - Use regulations. 70 71 (a) Principal and conditional uses. The following chart lists those uses permitted 72 within the B-1 through B-4K Business Districts. Those uses and structures in the 73 respective business districts shall be permitted as either principal uses indicated by a 74 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 75 shall be prohibited in the respective districts. No uses or structures other than as 76 specified shall be permitted. 77 Use 1 1A 2 3 4 4C i 4K Short term rental ; X X X X O O C X X X 3 I — i Short term rental within the Sandbridge Special Service PPPPPP District,* meeting all of the requirements of Section 241.2 J Short term rental within an STR Overlay District, meeting all of the requirements of Section 241.2 and, where X X XXP P P applicable, Section 2303 78 79 ARTICLE 11. - PLANNED DEVELOPMENT DISTRICTS 80 81 Sec. 1110. - Land use regulation. 82 83 84 85 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 86 A-12 Apartment District other than hospitals and sanitariums, together with the 87 following enumerated uses and structures, shall be permitted: 88 89 (1) Fraternity and sorority houses, student dormitories and student centers; 90 91 (2) Housing for seniors and disabled persons, with a conditional use permit; 92 93 (3) Marinas; 94 95 (4) Private clubs or social centers provided that clubs where conduct of commercial 96 affairs is a principal activity shall not be permitted; a+ad 97 98 (5) Residential care for seniors, provided that no more than two (2) employees 99 including a bona fide resident of the dwelling shall be permitted; and 100 101 (6) Home sharing meeting the requirements of section 209.6. 102 103 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses: 104 105 (1) Communication towers; 106 107 (2) Family day-care homes; 108 109 (3) Group homes; 110 111 (4) Kennels, residential; 112 113 (5) Religious uses; 114 115 (6) Wind energy conversion systems, free standing and roof-mounted; and 4 116 117 (7) Home-based wildlife rehabilitation facilities, provided that the principal 118 structure is a single-family dwelling and the lot is greater than two thousand 119 five hundred (2,500) square feet. and 120 121 (8) Short term rental. 122 123 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 124 125 . . . . 126 127 Sec. 1125. - Allowed uses. 128 129 Within the PD-H2 District, only the following uses and structures shall be permitted: 130 131 (a) Principal uses and structures. 132 133 (1) Dwelling units of the types specified in the land use plan; 134 135 (2) Public buildings, structures, and other public uses; 136 137 (3) Recreational facilities of the type described in the plan; 138 139 (4) Child care education centers, in connection with public or private 140 elementary schools or churches, provided that such uses shall not be 141 eligible for residential density credit; 142 143 (5) Day-care centers, provided that such uses shall not be eligible for 144 residential density credit; 145 146 (6) Public utilities installations and substations; provided offices or storage or 147 maintenance facilities shall not be permitted; and provided, further, that 148 utilities substations, other than individual transformers, shall be surrounded 149 by a wall, solid except for entrances and exits, or by a fence with a 150 screening hedge five (5) to six (6) feet in height; and provided also, 151 transformer vaults for underground utilities and like uses shall require only 152 a landscaped screening hedge, solid except for access opening; and 153 154 (7) Home sharing meeting the requirements of section 209.6; and 155 156 (8) Short term rental within a STR Overlay District meeting all of the 157 requirements of Section 241.2 and, where applicable, Section 2303. 158 159 (c) Conditional uses. 160 161 (1) Religious uses, provided that such use shall not be eligible for residential 162 density credit; 5 163 164 (2) Family day-care homes; foster homes and group homes, provided that such 165 uses shall not be eligible for residential density credit; 166 167 (3) Home occupations; and 168 169 (4) Housing for seniors and disabled persons.; and 170 171 (5) Short term rental. 172 173 . . . . 174 175 C. RT-3 RESORT TOURIST DISTRICT 176 177 . . . . 178 179 Sec. 1521. Use regulations. 180 181 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 182 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 183 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 184 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 185 buildings within the RT-3 District may include any principal or conditional uses in 186 combination with any other principal or conditional use. No uses or structures other than 187 those specified shall be permitted. All uses, whether principal or conditional, should to 188 the greatest extent possible adhere to the provisions of the Special Area Design 189 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 190 Plan. -- -- - - — -- Use RT-3 Short term rental �X Short term rental within an STR Overlay District, meeting all of the requirements of Section 241.2 and, where applicable, Section 2303 191 192 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 193 194 . . . 195 196 B. - DEVELOPMENT REGULATIONS 197 6 198 . . . . 199 200 Sec. 2203. - Use regulations. 201 202 (a) The following chart lists those uses permitted within the Central Business Core 203 District. Uses and structures shall be allowed either as principal uses, indicated by a 204 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" , 205 shall be prohibited, unless allowed by special exception for Alternative Compliance 206 pursuant to Section 2205. No uses or structures other than as specified herein or as 207 allowed pursuant to subsection (b) shall be permitted. 208 Use District CBC In- Short term rental G X— Short term rental within an STR Overlay District, meeting all of the requirements of Section 241.2 and, where applicable, Section 2303 209 210 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 211 212 . . . . 213 214 Sec. 5.2. Permitted Use Table. 215 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground Upper Ground All Ground Upper Use Standard USE Floor Floors Floor Floors Floor Floors All Floors All Floors /Notes LODGING Short term rental -- C — -- -- C-- C-- G-- -- See Sec.241.2 Short term rental P P P P See,Sec.241.2 within an STR and 2303(c). overlay District meeting the requirements of section 241.2 and where applicable Section 2303 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. 7 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA15115 R-2 September 4, 2020 8 REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBER JONES 1 AN ORDINANCE TO AMEND THE OFFICIAL 2 ZONING MAP BY THE DESIGNATION AND 3 INCORPORATION OF PROPERTY INTO 4 SHORT TERM RENTAL OVERLAY 5 DISTRICTS—WEST SHORE DRIVE; EAST 6 SHORE DRIVE, NORTH END; AND OR 7 DISTRICT 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That the official zoning map of the City of Virginia Beach be, and hereby is, 16 amended by the designation and incorporation of the areas described below: 17 18 1) That property located in the Shore Drive Overlay District on the west side of the 19 Lesner Bridge and bounded as follows: Starting at the western terminus of the 20 Lesner Bridge heading west along Shore Drive to the North Eastern property 21 line of the property known as 3336 Baylake Road, heading Northwest along the 22 property lines to Indian Hill Road, heading North along the rear property lines 23 of properties fronting on Rookery Way to the Chesapeake Bay, heading East 24 to the Lesner Bridge, as depicted by the attached map labeled "Short Term 25 Rental Overlay-West Shore Drive;" [Technical revisions pending, 26 substance will be the same] 27 28 2) That property located in the Shore Drive Overlay District on the east side of the 29 Lesner Bridge and bounded as follows: from the centerline of Cape Henry Drive 30 and its continuation north along the eastern property line of the property 31 addressed 2817 Shore Drive (GPIN: 15904016980000), to the centerline of 32 Shore Drive, west along the centerline of Shore Drive, then its continuation 33 north along eastern property line of the property addressed 2800 Shore Drive 34 (GPIN: 15903180160000) to the Chesapeake Bay; then its continuation east 35 along the Chesapeake Bay to the western property line of First Landing State 36 Park; then its continuation south along the western property line of First 37 Landing State Park; then it's continuation east along the centerline Cape Henry 38 Drive and depicted by the attached map labeled, "Short Term Rental Overlay- 39 East Shore Drive." [Technical revisions pending, substance will be the 40 same] 41 42 43 44 3) That property located in the North End Overlay and depicted as such on the 45 Official City Zoning Map, except for that area located west of the intersection 46 of Holly Road and 58th Street; south to 49th Street as shown by the attached 47 map labeled "Short Term Rental Overlay—North End;" 48 49 4) That property located in the City of Virginia Beach, zoned as Oceanfront Resort 50 District and depicted as such on the Official City Zoning Map as shown on the 51 attached map labeled "Short Term Rental Overlay—OR District; Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA15117 R-2 September 4, 2020 2 REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBER JONES 1 AN ORDINANCE TO ADD ARTICLE 23, 2 CONSISTING OF SECTIONS 2300 THROUGH 2303, 3 (SHORT TERM RENTAL OVERLAY DISTRICTS) TO 4 THE CITY ZONING ORDINANCE ESTABLISHING 5 REGULATIONS AND REQUIREMENTS 6 PERTAINING TO SHORT TERM RENTALS IN EACH 7 OVERLAY DISTRICT 8 9 Sections Added: City Zoning Ordinance Sections 10 2300 - 2303 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Article 23 of the City Zoning Ordinance, consisting of Sections 2300 through 19 2303, is hereby added and ordained to read as follows: 20 21 ARTICLE 23. SHORT TERM RENTAL OVERLAY DISTRICTS 22 23 Sec. 2300. Findings; intent. 24 25 The Virginia General Assembly has directed that short term rentals shall be 26 permitted as a principal use in the area defined as the Sandbridge Special Service 27 District. In addition, the City Council hereby finds that there are certain areas of the City 28 in which residential dwellings are, and historically have been, rented to vacationers or 29 others on a short term basis. In these areas, the City Council finds that such use, when 30 appropriately regulated, may be carried on without adversely affecting the adjacent 31 residential neighborhoods. In other areas of the City, short term rentals are not 32 compatible with the residential use of the surrounding properties and are often the 33 cause of excessive noise, illegal or improper parking, traffic violations, congestion and 34 litter, thereby interfering with the quiet enjoyment of the residential neighborhood in 35 which they occur. The provisions of this Article allow short term rentals, with appropriate 36 restrictions, only in those areas directed by the General Assembly and/or in such other 37 areas in which short term rentals may be carried on without adversely affecting the quiet 38 enjoyment of neighboring properties. 39 The East Shore Drive and West Shore Drive Overlays are an area where multi- 40 family dwellings are common and are located very close to the Chesapeake Bay, where 41 rentals have been long established. Other areas of the Shore Drive Overlay contain 42 more single-family dwellings and are not as compatible with the activities of a short term 43 rental. The North End Overlay is also an area on the Atlantic Ocean that has seen a 44 proliferation of rentals for many years, and where rental of property during the summer 45 is a common experience, that does not increase the problems of strangers in a 46 neighborhood. The OR Overlay is in an area of the City that is more urbanized than 47 other areas. Commercial property and establishments are common, and there are few 48 neighborhoods that would be adversely impacted by short term rentals. 49 50 Sec. 2301. District boundaries. 51 52 fa) The Short Term Rental Overlay Districts boundaries shall be as 53 designated on the official zoning map of the city (STR). 54 55 (b) Other identified areas of the City may petition the City Council for an 56 overlay to be created if the identified community is able to gather the signatures of sixty 57 (60) percent of the owners of the properties in the community. Such communities shall 58 be pre-existing, and any new community boundaries may not be created for the purpose 59 of meeting the requirements of this section for creation of a short term rental overlay. 60 61 Sec. 2302. Application of regulations. 62 63 The designation of any property as lying within a Short Term Rental Overlay 64 District shall be in addition to, and not in lieu of, the underlying zoning district 65 classification of such property, such that any property situated in a Short Term Rental 66 Overlay District shall also lie within one or more of the zoning districts enumerated in 67 Section 102(a) of this ordinance. All such property shall be subject to the requirements 68 of this Article as well as to all other regulations applicable to it, and to the extent that 69 any provision of this Article conflicts with any other ordinance or regulation, the 70 provision of this Article shall control. 71 72 Sec. 2303. Use regulations. 73 74 (a) Subject to general requirements and to the regulations of the underlying 75 zoning district, all uses and structures permitted as principal, conditional or accessory 76 uses in the underlying zoning district in which they are located shall be permitted 77 within the Short Term Rental Overlay Districts. 78 2 79 (b) Short term rental overlay — West Shore Drive, East Shore Drive, North 80 End and OR 81 a. Short term rental shall be a principal use if it complies with the 82 requirements of Section 241.2 as modified as follows: 83 84 i. Add to condition (1): Parking spaces created to comply with 85 this condition shall not add additional impervious area to the 86 site. Area within a residential garage may be used for no more 87 than one (1) required space provided the available area within 88 the garage meets the dimensional requirements of this 89 ordinance. Driveway area located within the city right of way 90 may be utilized to meet the parking requirement provided there 91 is no traffic impact and the location of the parking space does 92 not block an existing sidewalk. 93 ii. Replacing condition (2): No events associated with the short 94 term rental shall be permitted with more than the allowed 95 number of people who may stay overnight (number of 96 bedrooms times two (2)) on the property where the short term 97 rental is located. This short term rental may not request or 98 obtain a Special Event Permit under City Code Section 4-1 99 (8a). 100 iii. Replacing Condition (3): The owner or operator must provide 101 the name and telephone number of a responsible person, who 102 may be the owner, operator or an agent of the owner or 103 operator, who is available to be contacted and to address 104 conditions occurring at the short term rental within thirty (30) 105 minutes. The owner or agent must be capable of physically 106 responding to the site of the short term rental within thirty (30) 107 minutes at all times while the property is rented. 108 iv. Replacing condition (8): A short term rental shall have no 109 more than fifty-two (52) rental contracts during a calendar year, 110 v. Replacing condition (11): The maximum number of persons on 111 the property after 11:00 p.m. and before 7:00 a.m. ("Overnight 112 Lodgers") shall be two (2) individuals per bedroom, which 113 number shall not include minors under the age of 16, provided 114 that in no event may the total number of persons staying 115 overnight at the property exceed the number of approved 116 bedrooms multiplied by three (3). 117 vi. While the short term rental use is active, parking passes issued 118 for the subject dwelling unit(s) through the Residential Parking 119 Permit Program (RPPP) shall be limited to two resident passes 3 120 only. Guest and temporary passes through the RPPP shall not 121 be permitted. 122 123 ) The use regulations of this section shall not apply to short term rentals 124 within a Short Term Rental Overlay District that were qrandfathered at the 125 time of adoption of the short term rental ordinance, which properties shall be 126 subject exclusively to the provisions of section 241.2. The use regulations 127 of this section shall also not apply to short term rentals within a Short Term 128 Rental Overlay District that are operating under the provisions of a 129 conditional use permit, which properties are governed by the provisions of 130 section 241.2 and the conditions of the permit. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA15116 R-3 September 4, 2020 4 REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBER JONES 1 AN ORDINANCE ESTABLISHING TRANSITION RULES 2 FOR THE REVIEW OF CONDITIONAL USE PERMITS FOR 3 SHORT TERM RENTALS 4 5 WHEREAS, the public necessity, convenience, general welfare and good zoning 6 practice so require; 7 8 WHEREAS, the City Council has referred to the Planning Commission ordinances 9 creating the West Shore Drive Short Term Rental Overlay, East Shore Drive Short Term 10 Rental Overlay, North End Short Term Rental Overlay and Oceanfront Resort Short Term 11 Rental Overlay and providing new regulations that would be applicable to a short term 12 rental use within those overlays; and 13 14 WHEREAS, the referred ordinances would allow the short term rental use only in 15 those areas mandated by the General Assembly and in Short Term Rental Overlays; 16 17 WHEREAS, the short term rental use would no longer be authorized through the 18 granting of a conditional use permit if the referred ordinances are adopted; and 19 20 WHEREAS, it is the sense of the City Council that special transition rules should 21 be adopted to govern applications for conditional use permits for short term rentals that 22 are filed but not approved prior to the referral date of the Ordinances. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 Any application for a conditional use permit for a short term rental accepted 28 prior to the date of referral shall be processed based upon the law existing at the 29 time of submission. Any application accepted after the date of referral shall be 30 considered based upon the law applicable at the time of City Council consideration. 31 No application shall be unnecessarily delayed. 32 33 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 34 BEACH, VIRGINIA: 35 36 That nothing in this ordinance shall be construed to affect any vested rights which 37 existed as of the effective date of the Ordinance. 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA15137 R-3 September 4, 2020 2 10 CITY COUNCIL COMMENTS ITEM#70765 (Continued) Council Member Tower commended the Virginia Beach Public Library Foundation for raising$96,000 of the total$112,314.00 received in gifts and donations, expressing his pride and appreciation for their hard work. September 8, 2020 11 CITY COUNCIL COMMENTS ITEM#70766 (Continued) Council Member Moss requested input from the City Manager and staff on what types of flexibility and discretion could be applied to building codes for new construction in relation to Sea Level Rise and Flooding to prevent corrective construction such as requiring roofs that can withstand 200 mph winds. September 8, 2020 12 CITY COUNCIL COMMENTS ITEM#70767 (Continued) Mayor Dyer advised he discussed the need for a policy regarding commercial in-fill redevelopment and new development projects with Council Member Henley and will have both Council Member Henley and Council Member Rouse lead the work in establishing a policy. Council Member Henley advised the purpose would be to protect neighborhoods while having acceptable construction in their areas. Council Member Henley believes input is needed from the community and every Council and Planning Commission Member to ensure a thorough policy is established. Council Member Abbott advised a "big box strategy"is needed as having empty businesses are plaguing the Kempsville District and applies to strip malls as well. Council Member Abbott expressed the importance of addressing how those areas are going to be developed in the future as big box stores are unlikely to be replaced and including policy to identi6,processes required to have citizen engagement with the developers. Council Member Moss expressed concern for a potential conflict if the policy being discussed is not aligned with the Comprehensive Plan. Council Member Moss advised citizens who pay a higher tax to preserve their neighborhoods should not have to absorb increased urban development in order for the City to generate more revenue; it creates a friction and emphasized the importance of having input from all stakeholders. Council Member Henley advised her intention is to include all stakeholders with several in depth discussions. Council Member Henley advised there is concern with how to handle strip malls where many businesses have closed and citizens in nearby neighborhoods are concerned with having vacant lots as well as undesirable businesses that may move in and wants to be proactive in addressing this issue. Council Member Abbott advised it is important to preserve small businesses and where there are large parking lots for big box stores that are out of business, it creates the opportunity to remove some of the asphalt and provide green space to help mitigate flooding. Council Member Abbott advised she is excited to see this issue is being discussed and wants to address how retail is being developed to make corrections and prevent the deterioration of neighborhoods. September 8, 2020 13 CITY COUNCIL COMMENTS ITEM#70768 (Continued) Mayor Dyer expressed his appreciation to City Council for their hard work and commitment over the summer with the many challenges they faced and lack of having a summer break. Mayor Dyer advised he is planning a City Council Retreat and will send out proposed dates to determine the best time to schedule. September 8, 2020 14 AGENDA REVIEW SESSION ITEM#70769 3:58P.M. BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: G. PLANNING 1. MELISSA &PAUL VENABLE,KEVIN&ELIZABETH BA UM, & WILLIAM WARNOCK for an Alteration to Existing Nonconformity re expand second story and add a new roof to an existing duplex at 213 &215A 69`h Street DISTRICT 5—LYNNHAVEN 2. CHURCH OF THE ASCENSION/THE ROMAN CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions re build a one-story administration office at 4853 Princess Anne Road DISTRICT 2—KEMPSVILLE 3. LINDA M.ADDISONfor a Conditional Use Permit re home-based wildlife rehabilitation facility at 1717 Dancers Court DISTRICT 1 —CENTERVILLE 4. RYCHAE LYNEA REED/JOAQUIN V. CASTRO for a Conditional Use Permit re family day- care home at 1674 Dylan Drive DISTRICT 2—KEMPSVILLE 5. EMMANUEL B. PLATON / METRO HOLDINGS, LLC for a Conditional Use Permit re automotive repair garage at 5044 Cleveland Street DISTRICT 4—BAYSIDE 6. LORNA C. DONATONE, QPRT AND SCOTT& KATHERINE MORINfor a Conditional Use Permit re community boat dock at 1421 & 1423 Blue Heron Road DISTRICT S—LYNNHAVEN 7. INKCREDIBLE TATTOO,LLC/DAM NECK CROSSING,LLC for a Conditional Use Permit re tattoo parlor at 1630 General Booth Boulevard, Suite 112 DISTRICT 7—PRINCESS ANNE 8. VOGUE LASHES& SPA/LASKIN ROAD,LLC for a Conditional Use Permit re tattoo parlor at 993 Laskin Road DISTRICT 6—BEACH 9. HMC,LLC/MINH VUONG for a Conditional Use Permit re short term rental at 4669 Merrimac Lane DISTRICT 4—BAYSIDE 10. EMILYPERDONCIN&DENNIS SMITH for a Conditional Use Permit re short term rental at 2306 Oak Street DISTRICT S—LYNNHAVEN September 8, 2020 15 AGENDA REVIEW SESSION ITEM#70769 (Continued) 11. VACATION PROPERTIES, LLC/SEAN& TIJUANA BELL for Conditional Use Permits re short term rentals at 304 28th Street: a. Unit 310 b. Unit 311 DISTRICT—6 BEACH 12. ALLEN PRINCE for Conditional Use Permits re short term rentals at 525 21s`Street: a. Unit A b. Unit B DISTRICT 6—BEACH 13. MISSION ENTERPRISES, LLC for a Conditional Use Permit re short term rental at 517 Virginia Beach Boulevard DISTRICT 6—BEACH 14. JANET MARINO for a Conditional Use Permit re short term rental at 951 Maryland Avenue DISTRICT 6—BEACH 15. ARICA & MELVIN L. ATKINS, III for Conditional Use Permits re short term rentals at 598 Pinewood Drive: a. Unit 203 b. Unit 208 DISTRICT 6—BEACH 16. TERI CHAMPION/AT SEA CABIN,LLC for a Conditional Use Permit re short-term rental at 323 Norfolk Avenue DISTRICT 6—BEACH APPLICANT HAS WITHDRAWN APPLICATION September 8, 2020 16 ITEM#70770 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: LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body pursuant to Section 2.2-3711(A)(7). • Holloway, et al v. City of Virginia Beach 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 September 8, 2020 17 ITEM#70770 (Continued) Upon motion Council Member Jones, seconded by Council Member Tower, City Council voted to proceed into CLOSED SESSION at 4:01 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 4:01 P.M. —5:49 P.M. September 8, 2020 18 CERTIFICATION ITEM#70771 Mayor Dyer RECONVENED the Special Session at 5:50 P.M. in the Virginia Beach Convention Center. Upon motion by Council Member Moss, 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, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower September 8, 2020 S4 y1, O erf } 0 J OF OUR MR"0MS 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#70770 Page 17 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. -15 nd' Barnes, MMC City Clerk September 8, 2020 19 ADJOURNMENT ITEM#70772 Mayor Robert M. Dyer DECLARED the City Council SPECIAL SESSION ADJOURNED at 5:51 P.M. h • Chief Deputy City Clerk Ama ar es, MMC Robert M. Dyer City Clerk Mayor September 8, 2020