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HomeMy WebLinkAboutJANUARY 19, 2021 SPECIAL SESSION MINUTES � �,yc It :@ o- '=o�d aY r .`off c-c �'Pt,46883 C�1Oo# Of oUR NAT2;tI_VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 19, 2021 Mayor Dyer called to order the SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS of the VIRGINIA BEACH CITY COUNCIL on Tuesday, January 19, 2021, at 4:33 P.M. Mayor Dyer personally opened the meeting in the Virginia Beach Convention Center, Suite 5, while all other members of City Council appeared electronically via WebEx. 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 ITEM LA MAYOR'S CALL FOR SPECIAL SESSION ITEM#71188 Mayor Dyer read the Mayor's Call for the SPECIAL MEETING: January 14, 2021 "HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, Virginia Code§15.2-1413 and the City's Continuity of Government Ordinance adopted on September 15, 2020, and Chapter 1289 of the 2020 Acts of Assembly as amended, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS of the VIRGINIA BEACH CITY COUNCIL Tuesday,January 19, 2021 4:30P.M. This SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS will be held virtually with Council Members participating via video/audio conference. The purpose of this SPECIAL MEETING is to allow the City Council to hold a regularly scheduled meeting regarding the items listed in the published Agenda. If you wish to make comments during the meeting, please follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/Q.php?MTID=e94bad 61 a222d42bc8d463f5da0 13f3b4 2. Register with the City Clerk's Office by calling 757-385-4303 or via email at abarnes@a,vbgov.com prior to 5:00 p.m. on January 19, 2021. The City Council meeting will be streamed live on www.vbgov.corn and Facebook Live, and will be recorded for rebroadcast on Cable TV. Sincerely, s/ Robert M. Dyer Mayor" Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office January 19, 2021 , • �t City of NTlrginia Beach 99�5 OF oUR NASO° (. ROBERT M."BOBBY"DYER MUNICIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 234569000 (757)385-4581 FAX(757)385-5699 January 14, 2021 BDYER®vBGOV.COM HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, Virginia Code § 15.2-1413 and the City's Continuity of Government Ordinance adopted on September 15, 2020, and Chapter 1289 of the 2020 Acts of Assembly as amended, and by the authority vested in me as Mayor of the City of Virginia Beach,I hereby call for a SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS of the VIRGINIA BEACH CITY COUNCIL Tuesday,January 19,2021 4:30 P.M. This SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS will be held virtually with Council Members participating via video/audio conference. The purpose of this SPECIAL MEETING is to allow the City Council to hold a regularly scheduled meeting regarding the items listed in the published Agenda. If you wish to make comments during the meeting,please follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=eb24120e2f4d7 ef81 ff 3 76758ce5d5247 2. Register with the City Clerk's Office by calling 757-385-4303 or via email at abarnes@vbgov.corn prior to 5:00 p.m. on January 19, 2021. The City Council meeting will be streamed live on www.vbgov.corn and Facebook Live, and will be recorded for rebroadcast on Cable TV. 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 UPDATE ITEM#71189 4:35 P.M. Mayor Dyer welcomed Wendy Hu, Acting Co-Director—Finance. Ms. Hu expressed her appreciation to City Council for their continued support: FY2o21 Interim Financial Statements Finance through December 31, 2020 January 19,2021 Here are the FY 2021 General Fund Revenues and Expenditures as of December 31': FY 2021 General Fund Revenues and Expenditures December 31, 2020 ($ in millions) Budget YTp Variance Revenues Local $ 997.6 $ 442.9 $ (554.7) State 161.7 56.9 (104.8) Federal 23.0 10.5 (12.5) Total Revenues $1,182.3 $ 510.3 $ (672.0) 43.2% Expenditures and Encumbrances: City Operations $ 746.5 $ 395.9 $ 350.6 City Capital Projects-Cash Funding 52.0 50.4 1.6 Trsf to Schools 454.0 216.0 238.0 Trsf to Schools-Capital Projects 27.2 5.6 21.6 Total Expenditures $1,279.7 $ 667.9 $ 611.8 52.2% Amounts appropriated from Fund Balance $ (97.4) (encumbrances,approved carryforwards and others) January 19, 2021 4 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE ITEM#71189 (Continued) Here are the FY 2021 General Fund-Local Revenues as of December 31': FY 2021 General Fund - Local Revenues December 31, 2020 ($ in millions) FY 2021 FY 2020 Budeet 17.12 Ta Budget YTQ % Local Revenues: Real Estate Taxes $ 581.0 $ 297.5 51.2% $ 558.7 $ 284.0 50.8% Personal Property Tax 104.7 16.0 15.3% 110.1 14.9 13.5% Other Local Taxes* 229.7 95.6 41.6% 254.4 96.0 37.7% Charges for Services 45.3 15.9 35.1% 37.4 15.7 42.0% Use of Money and Property 7.2 2.5 34.7% 9.7 1.8 18.60/0 Fines,Fees and Licenses 8.6 3.6 41.9% 9.9 4.5 45.5% Other Local Revenue 3.0 2.8 93.3% 7.3 3.2 43.8% Transfers 18.1 9.0 49.7% 15.5 5.6 36.1% Total Local Revenue $ 997.6 $ 442.9 44.4% $ 1,003.0 $ 425.7 42.4% *Some examples of other local taxes are:Sales,Meal,Hotel,Utility and Telecommunications Taxes Here are the FY 2021 General Fund-Other Local Taxes as of December 31': FY 2021 General Fund - Other Local Taxes December 31, 2020 ($ in millions) FY 2021 FY 2020 Budget YID °la Budget YTQ la Other Local Taxes: Sales Tax $ 63.2 $ 33.1 52.4% $ 66.7 $ 30.2 45.3% Utility Tax 25.4 12.2 48.0% 26.2 11.0 42.0% Telecommunications 20.3 8.5 41.9% 23.4 9.0 38.5% Business License 46.3 2.8 6.0% 51.9 2.9 5.6% Automobile License 11.6 4.4 37.9% 11.7 4.4 37.6% Hotel 5.8 5.1 87.9% 7.8 5.8 74.4% Meal 37.0 18.7 50.5% 44.5 23.5 52.8% Cigarette 9.0 4.5 50.0% 10.4 4.9 47.1% Other Local Taxes 11.0 6.3 57.3% 11.8 4.3 36.4% Total Local Revenue $ 229.6 $ 95.6 41.6% $ 254.4 $ 96.0 37.7% January 19, 2021 5 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE ITEM#71189 (Continued) FY 2021 General Fund — Other Local Taxes •1-month Lag •2-month Lag •Hotel •Sales Tax • Meal •Utility Tax •Amusement •Telecommunications •Cigarette •Automobile Here are the Trustee Taxes March through December 2020 vs. 2019: Trustee Taxes March through December 2020 vs 2019 Msr96 Aoril 8 13 )911 Ap[ust September October November acember Hotel: 2019 $ 4,049,6% $ 1,981,606 $ 2,529,218 $ 3,585,465 $ 5,276,334 $ 6,683,567 $ 6,332,151 $ 3,766,607 $ 1,722,902 $ 1,186,402 2020 503,179 886,278 485,934 1,823,285 4,100,503 4,822,551 5,974,441 3,464,470 1,558,617 1,254,756 Difference 1..N,N0 (3,546,516) (1,095,323) (2,043,284) (1,762,18D) (1,175,831) (1,861,016) (357,710) (332,137) (164,285) 68,354 -88% -55% -81% -49% -22% -28% -6% -8% -10% 6% Marrh A4r41 701e 84,8451 September October November Derxmber MMN: 2019 4,268,089 6,543,926 5,790,781 6,314,715 6,919,767 6,917,362 6,383,237 6,410,699 5,432,762 5,450,377 2020 3,492,910 4,316,092 2,1332,941 1,540,479 843,992 6,014,374 6,087,066 5,896,100 5,023,292 5,275,514 DINerenoe r..9r6.1 (775,179) (2,227,834) (2,957,840) (4,774,236) (6,075,775) (S02,988) (296,171) (521,599) (409,470) (214,863) -18% -34% -51% -76% -88% -13% -5% -8% -8% -4% Admissions: 2019 324,208 389,605 66,030 748,364 1,454,865 1,366,934 982,999 371,862 676,718 439,361 2020 178,985 222,783 52,452 69,424 210,284 467,693 315,228 337,723 265,191 202,775 Difference f•v(11 so (145,223) (166,822) (553,579) (678,939) (1,244,581) (893,241) (667,771) (34,139) (411,527) (236,586) -45% -43% -91% -91% -86% -66% -68% -9% -61% -54% G4nsmi SNes: 2019 4,421,666 4,472,653 5,506,8441 5,459,852 6,006,400 6,018,683 7,471,439 6,374,487 5,770418 5,532,769 2020 4,903,345 4,454,350 5,360,274 4,906,028 5,715,400 6,704,909 7,085,459 6,705,539 6,412,882 6,153,285 Difference say N4.: $ 4131,679 $ (18,303) $ (146,574) $ (553,814) $ (291,0001 $ 686,226 $ (366,5401 $ 331,052 $ 642,464 $ 620,516 11% 0% -3% -10% -5% 11% -5% 5% 11% 11% January 19, 2021 6 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE ITEM#71189 (Continued) Here are the Hotel Taxes March through December 2020 vs. 2019: • Hotel Taxes March through December 2020 vs 2019 59000,000 S7,000,000 S6,000,000 S5,000,000 54,000,000 S3,000,000 $2,000,000 $1,000,000 $ 4026. , eta, �Jce ,JN o / ��, ,{cF� (o,oe‘ P y' +o Ode -2019 -2020 Here are the Meal Taxes March through December 2020 vs. 2019: Meal Taxes March through December 2020 vs 2019 $8,000,000 $7,000,000 $6,000,000 $6,000,000 $4,000,000 S3,000,003 Taxes Assessed and Not Collected During Meal Tax Holiday $2,000,000 June(May Sales)-$2.9 M $1000000 July(June Sales)-$4.2 M $ a�� pQc� �a� ,ice `.34 J�04, �,oek odtk e�,oc` ev tr p eQ�e �.; aoF Oeee �2019 -2020 January 19, 2021 7 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE ITEM#71189 (Continued) Here are the FY 2021 General Fund-Expenditures as of December 31 sr: FY 2021 General Fund - Expenditures December 31, 2020 ($ in millions) FY 2021 FY 2020 Budget YL !a Budget YTQ Expenses and Encumbrances Salaries' $ 304.8 $ 154.6 50.7% $ 313.1 $ 148.6 47.5% Fringe Benefits' 114.7 54.9 47.9% 110.1 52.0 47.2% Other Operating Expenses 2 205.3 126.5 61.6% 188.9 115.9 61.4% Leases 10.0 8.8 88.0% 8.5 3.6 42.4% Capital Outlay 8.3 5.8 69.9% 9.2 7.3 79.3% Transfers 574.3 289.2 50.4% 565.4 296.6 52.5% Debt Service 58.5 28.1 48.0% 54.4 24.2 44.5% Reserve for Contingencies 3.8 - 0.0% 3.9 0.0% Total Expenditures $ 1,279.7 $ 667.9 52.2% $ 1,253.5 $ 648.2 51.7% FY2021 includes Hazard,Emergency Responders and Appreciation Pay-$6.0M 2 FY2021 include$8.0M payment to United Way Note:FY2021 Encumbrances are$8.7M hi:her than lrior ear. Here is the FY 2021 General Fund Summary as of December 31 S`: FY2021 General Fund Summary December 31, 2020 Iw aK 1083/4 ACTUALRE$ENUESYTD.S510.3 MJ$I.182.3 M S3.4 ../ ACTUAL EXPENDITURESYTU.5667.9M/S1,279.7 M 79.5K / OWN - 72.0% / 73.M6�// M.MY / MVO - 411.2% 52.241.45.3% N.IM RIMY A3% ---- MK 313% 39.0% A11K 13.046 / 303AS r 27% WIN • 12.OK. 767% 13.796 Le% SA%1.11% il.9K L7K M Ild AY/ 7.7 0.l 14. 0.r IM IA Mt ♦y' M., TAW January 19, 2021 8 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE ITEM#71189 (Continued) Here is the Summary: Summary • FY 2021 General Fund Revenues and Expenditures tracking comparable to prior years as a % of budget. • FY 2021 Trustee Taxes continues to trail Prior Year • Real Estate Collection Percentages: • FY2021 through Dec 31 —98.1% • FY2020 through Dec 31 —98.4% Here are the Next Steps: Next Steps FY 2021 January Update— 7 months February 16, 2021 FY 2021 February Update—8 months March 16, 2021 March 23, 2021 Mayor Dyer expressed his appreciation to Ms. Hu for the presentation. January 19, 2021 9 CITY MANAGER'S BRIEFINGS RELEASING FUNDING RESTRICTIONS ON CERTAIN CIP PROJECTS ITEM#71190 4:47P.M. Mayor Dyer welcomed David A. Bradley, Deputy City Manager. Mr. Bradley expressed his appreciation to City Council for their continued support: Releasing Funding Restrictions on Certain CIP Projects JANUARY 19,2021 DAVIC A.BPADLEY DEPOT CIT MANAGER "\B Here is the Background on COVID-19 Related CIP Issues: BACKGROUND: COVID-19 RELATED CIP ISSUES • City Council agreed to release funding for these projects after October 20 briefing and positive Ql financial results: • $30 million for renovations of Buildings 1, 2, and 11 originally placed in a reserve to ensure positive cash flow • Purchase of replacement helicopter put on hold in March 2020 • Burton Station Fire/EMS Station construction contract January 19, 2021 10 CITY MANAGER'S BRIEFINGS RELEASING FUNDING RESTRICTIONS ON CERTAIN CIP PROJECTS ITEM#71190 (Continued) Here is an overview of the funding placed in reserve: $21 .8 MILLION OF CASH FUNDED CIP PROJECTS PLACED IN RESERVE • With the adoption of the FY 21 CIP, funding for 14 CIP projects totaling $21.8 million was placed in a reserve • The goal of the reserve was to provide flexibility to City Council if FY 22 revenue did not meet estimates • Funding could be released via City Council ordinance/ resolution after quarterly financial reviews The next two (2)slides provide the fourteen (14)Projects with Funding Amounts: 14 PROJECTS WITH FUNDING AMOUNTS • CIP 8-025 Beach Replenishment II ($2,550,000) • CIP 3-718 Police Radio Encryption ($3,302,428) • CIP 2-094 Bus Stop Infrastructure and Accessibility Improvements ($648,969) • CIP 2-414 Shipps Corner Road Improvements ($2,100,000) • CIP 2-047 Upton Drive Extended and Dam Neck Station Imp. ($1,286,780) • CIP 3-153 Various Site Acquisitions III ($343,644) • CIP 3-132 Heritage Building Maintenance II ($575,000) 4 January 19, 2021 11 CITY MANAGER'S BRIEFINGS RELEASING FUNDING RESTRICTIONS ON CERTAIN CIP PROJECTS ITEM#71190 (Continued) 14 PROJECTS WITH FUNDING AMOUNTS (CONT.) • CIP 4-300 Community Recreational Centers Repairs and Ren. III ($1,000,000) • CIP 4-301 Parks and Special Use Facilities Development/Reno. ($950,000) • CIP 3-703 PD-Special Investigations Video Storage ($400,000) • CIP 2-056 Pleasure House Road Street Imp.-Phase I ($150,000) • CIP 2-057 Pleasure House Road Street Imp.-Phase II ($357,376) • CIP 9-006 Winston Avenue Improvements ($7,565,191) • CIP 3-184 Virginia Aquariums Monument Signs ($600,000) Here is the Recommendation for Releasing Funds: RECOMMEND RELEASING FUNDS • Staff recommends City Council release funds: • June 30, 2020 General Fund- Unassigned Fund Balance= 12.96%... higher than City Council policy of 8%to 12% • Revenue in total for first two quarters exceeding revenue estimates including real estate tax revenue (largest local revenue source) and is on pace to meet original real estate revenue estimates and exceed revised estimates January 19, 2021 12 CITY MANAGER'S BRIEFINGS RELEASING FUNDING RESTRICTIONS ON CERTAIN CIP PROJECTS ITEM#71190 (Continued) Here are the Next Steps: NEXT STEPS • If City Council agrees with releasing the funding reserve today, an ordinance will be brought forward on February 2 Here is the recommendation for Lifting the Hiring Freeze: LIFTING HIRING FREEZE • While not requiring formal City Council approval, the City Manager recommends lifting the hiring freeze and requests City Council concurrence • This provides an opportunity to hire individuals that may have lost employment as a result of the pandemic as well as possibly fill harder to fill positions January 19, 2021 13 CITY MANAGER'S BRIEFINGS RELEASING FUNDING RESTRICTIONS ON CERTAIN CIP PROJECTS ITEM#71190 (Continued) QUESTIONS? Mayor Dyer expressed his appreciation to Mr. Bradley for the presentation. January 19, 2021 14 CITY COUNCIL DISCUSSION FUNDING ALLOCATION OF REMAINING PANDEMIC FUNDS ITEM#71191 5:00 P.M. Mayor Dyer advised this is an important discussion with the availability of$16.6-Million being considered for allocation towards; body cameras for police officers, enhanced testing and vaccine support,personal protective equipment (PPE), off-sets in tax relief as well as increasing funding for; child care providers, food distribution, small and non-profit businesses.Mayor Dyer advised he would like to hear from Council if there are other items they would like to bring forward and opened the floor for City Council discussion. Council Member Abbott advised she would like to see funding go to United Way or another non-profit organization to off-set costs for mental health for the families who are in need due to the impact of COVID. Council Member Abbott advised she has heard from citizens who have children suffering from clinical depression and need treatment. Council Member Abbott advised she has a draft Resolution she will email to City Council and is hopeful to have a consensus to dedicate funding towards mental health. Council Member Henley advised the first priority is getting citizens vaccinated and then provide funding for the overtime expenses for public safety personnel. Council Member Henley advised she agrees with funding for mental health issues, based on what she has learned over the past year. Council Member Henley added that as she has become more aware of the problems children in isolation are having, she is concerned for people in prison who are in total isolation, having similar mental health problems and would like to see funding go towards providing them counselling. Council Member Wilson advised she agrees with funding for mental health and wants to include funding for non-profit businesses that have not been able to hold fundraising events and are suffering. Council Member Berlucchi advised he agrees with vaccinations being the top priority and then providing relief to restaurants and other small businesses. Council Member Rouse advised he agrees with the items mentioned, particularly with supporting mental health care for children and those who are incarcerated. Council Member Rouse advised he would like to see funding for the summer youth employment program and ways to expand it. Council Member Rouse advised it is important to ensure there are opportunities for them to work, while many prepare to attend college virtually. Council Member Rouse emphasized the importance in hiring college students who can help to replenish the City's workforce. Vice Mayor Wood advised there have been great suggestions discussed but the key to solving those issues is to return to normal and that cannot start until everyone is vaccinated. Vice Mayor Wood advised the state has not done a very good job in providing vaccinations, but the City has. Vice Mayor Wood advised, as of today, the City is the only locality conducting mass vaccinations by administering 300 per hour, based on how many vaccines are available. Vice Mayor Wood referenced a letter from the City Manager estimating there will be 5,800 vaccines administered per week and explained it will take 102 weeks which will be January 3, 2023, before everyone in the City is vaccinated and is not acceptable. Vice Mayor Wood advised West Virginia is leading the country in vaccinations, Washington is using Starbucks and New York January 19, 2021 15 CITY COUNCIL DISCUSSION FUNDING ALLOCATION OF REMAINING PANDEMIC FUNDS ITEM#71191 (Continued) the vaccines directly from Pfizer and emphasized the process needs to improve and sufficient funding allocated to ensure all citizens are vaccinated. Council Member Tower advised he agrees vaccinations are most important and agrees with items discussed today, adding emphasis to provide funding to the restaurant industry. Council Member Tower advised restaurant owners are in desperate straits and he would like to find a way to identify those who can show they have suffered a significant loss and provide them relief with the least amount of restrictions, as soon as possible so owners can keep their doors open and pay their employees. Council Member Moss advised$16.6-Million can be spent very quickly and it is important to look at how best to use it. Council Member Moss advised getting back to normal is the highest priority and would like to have the City Manager provide pricing on purchasing vaccines. Council Member Moss agreed with Council Member Abbott's point concerning mental health for children, advising schools should have$39- Million from last year's ending fund balance that could be combined with relieffunding. Council Member Moss believes the funding provided towards each category needs to be significant enough to make a difference. Council Member Moss advised all ideas are good, but he would like to have a priority list with pricing information included in order to know how much help can be provided. Council Member Wooten advised during the campaign season, she received feedback from citizens who expressed the importance of having a vaccination process. Council Member Wooten advised it is not enough to have the vaccinations, there needs to be direction and communication provided as well, so all citizens are aware. Council Member Wooten advised she will address non-profit business owners next month when she hosts her Ignite Business Series and will provide information on resources and support Council Member Moss requested the City Manager what the next step is based on this discussion Mayor Dyer advised he has conferred with the City Manager and he has taken note. City Manager Duhaney advised many important needs have been identified and will gather information on vaccinations and supporting community needs and develop a draft proposal as a starting point for City Council to review and amend based on the body's deliberations. Council Member Berlucchi asked what the timeline looks like to move this conversation forward. Mayor Dyer advised the City Manager will provide the draft proposal in the Friday Package. There was no further discussion. January 19, 2021 16 CITY COUNCIL COMMENTS ITEM#71192 5:38 P.M. Mayor Dyer expressed his sorrow over the loss of Preston Midgett who was a valuable citizen and a dear friend. Mayor Dyer advised the strength of the City is the strength of its people and Preston Midgett and his family symbolize the greatness of this City. He had a lot of support during his fight with COVID-19 but unfortunately, he passed leaving a tremendous void in the City. Mayor Dyer advised it is appropriate to give Mr. Midgett recognition on all he contributed to the City. Council Member Tower advised since he has been involved in the Resort Community, there has been no one more involved than Preston, he is one of a kind and leaves an enormous hole in the resort business community and his many friends. Council Member Tower expressed to the Midgett family, on behalf of the resort community, his heartfelt appreciation for his life and looks forward to joining them in celebrating his life and sharing stories to his family and closest friends. Thank you Preston, rest in peace. Council Member Wilson expressed Preston has been a really great friend for many years, and the world is a darker place without him in it. Council Member Wilson advised he added so much to our community and never asked for anything in return, he's really going to be missed. Council Member Wilson advised his loved ones are experiencing a tough time and it shows how important it is to get this vaccine out and not lose another valuable member of our community. Council Member Wilson expressed her love and prayers to Kim and their children. Council member Wooten advised Mrs. Midgett was gracious enough to share his progress by journaling and asking for prayers. Council Member Wooten advised she was sad to hear of his passing and expressed her heartfelt condolences to the family. Council Member Wooten added, she sat on a board with him and appreciated that Preston was always smiling, offering something positive and wanted to improve the community. Council Member Wooten extended her prayers to the family and community. January 19, 2021 17 CITY COUNCIL COMMENTS ITEM#71193 (Continued) Council member Moss advised the City does not have the luxury offocusing on just hot spots of the day as there are other fundamental issues that have to be addressed simultaneously. Council Member Moss advised he would like to briefly address two topics, the first being the progress on the bond referendum and would like to have a discussion on it scheduled in February. Council Member Moss advised the second topic is based on property owners on 17`h Street who have requested a meeting concerning the amount of property being taken for the 17`"Street gateway and may endanger their business. Council Member Moss advised he is going to have a meeting but suggested the City Manager provide a briefing. January 19, 2021 18 CITY COUNCIL COMMENTS ITEM#71194 (Continued) Council Member Jones referenced Mr. Bradley's brief on funding available and requested the City Manager to provide a listing of City jobs that are vacant and are operationally critical for the City in order to make an analysis to and determining which critical positions should be filled. Council Member Jones requested to have information available for the next City Council Retreat. Council Member Tower suggested Human Resources provide what the market availability of applicants is for the critical positions after they are identified. January 19, 2021 19 AGENDA REVIEW SESSION ITEM#71195 5:42 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: F. ORDINANCES/RESOLUTIONS 1. Ordinance to GRANT a Franchise Agreement for an Open Air Cafe in the Resort Area to 27`'' Atlantic,LLC, t/a Oscars Oceanfront Café at 2613 Atlantic Avenue re Boardwalk Café 2. Ordinance to GRANT a Franchise to Entertainment, Inc.,for the use of City Property at the Oceanfront and 15`h Street re operation of the Virginia Beach Fishing Pier 3. Ordinances to AMEND City Code Section: a. 10-1 re Bonney Precinct Polling Place to Princess Anne High School b. 18-92 re distinction between a pawnbroker and pawnshop for a business license 4. Ordinance to DECLARE 2.759+/-acres of land located at 212 Fair Lady Road and the vacant lot at the intersection of Fair Lady Road, Elon Drive and London Bridge Road in EXCESS of the City's needs and AUTHORIZE the City Manager to sell same to Performance Collison Centers, LLC re construct an automotive repair garage 5. Resolution to AUTHORIZE the issuance of Development Authority Revenue Bonds in an amount not to exceed$39-Million re acquisition,renovation,rehabilitation,equipping,and improvement of a 208-Unit multifamily affordable residential housing facility for The Atlantis Apartments Project 6. Ordinance to AUTHORIZE five (5)full-time positions for Virginia Aquarium re staff the new South Building facility and accommodate new programming 7. Ordinance to SUSPEND City Code Sections 18-49 and 18-50 re Alcoholic Beverage License Taxes for Calendar Year 2021 and APPROPRIATE $325,000 from fund balance reserved for Pandemic Relief to provide offsets(Requested by Council Member Tower) 8. Resolution to ADD a Legislative Request to the 2021 Legislative Agenda to support four (4) bills (Requested by City Council): a. Senate Bill 1119 re assist with costs of purchasing, operating and maintaining body-worn camera systems; b. House Bill 1859 re allow localities greater flexibility in administering Commercial Property Assessed Clean Energy (C-PACE)financing programs; January 19, 2021 20 AGENDA REVIEW SESSION ITEM#71195 (Continued) c. House Bill 2042 re allow localities to adopt local tree replacement and planting ordinances that exceed previous minimum requirements to address recurrent flooding and comply with local comprehensive plan; d. House Bill 1738 re allow local governing bodies to create up to three(3) Outdoor Refreshment Areas (ORA)within their localities, authorizing patrons of restaurants or other businesses with an ABC retail license located in the area to leave the business and lawfully walk withing the ORA with an alcoholic beverage 9. Resolution to APPROVE a Memorandum of Understanding (MOU) with the Virginia Port Authority re placement of sand 10. Ordinance to EXTEND the date to satisfy the conditions to January 20, 2022 re closure of approximately 2,176 square foot unimproved portion of right-of-way adjacent to 770 Woodstock Road 11. Resolution to DECLARE the proposed location of Westview Apartments a Revitalization Area re qualify for Virginia Housing Financing 12. Ordinances to APPROPRIATE: a. $8,420,000 from the Fund Balance of the General Fund and AUTHORIZE a grant to the United Way of South Hampton Roads re provide emergency assistance to residents and small woman-owned and minority owned(SWAM) businesses b. $1.5-Million to a dedicated reserve re Virginia Beach Vaccination Initiative F. ORDINANCES/RESOLUTIONS: ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#7 WILL BE CONSIDERED FOR DEFERRAL TO FEBRUARY 2, 2021 ITEM#12a WILL BE CONSIDERED SEPARATELY January 19, 2021 21 AGENDA REVIEW SESSION ITEM#71195 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: G PLANNING 1. COLLIER & ASSOCIATES, LP for a Condition Change of Zoning from A-18, A-24 Apartment Districts&R-7.5 and R-10Residential Districts to Conditional PD-H2 Planned Unit Development, R-7.5 Residential, A-24 & A-36 Apartment Districts re redevelopment of an existing apartment complex at 2352, 2348&4701 Windway Lane;4753 Birdsong Lane;2324&2336 Pleasure House Road DISTRICT 4—BAYSIDE 2. PERFORMANCE COLLISION CENTERS,LLC, & THE CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from R-5D Residential District & A-12 Apartment District to Conditional I-1 Light Industrial District and a Conditional Use Permit re automotive repair garage at 212 Fair Lady Road DISTRICT 6—BEACH 3. KIM DEROCHEBLAVE BARKER for a Conditional Use Permit re short term rental at 3625 East Stratford Road DISTRICT 4—BAYSIDE 4. RED LION PROPERTIES, LLC,for a Conditional Use Permit re short term rental at 401 21" Street, Unit 5 DISTRICT 6—BEACH 5. SCOTT& JEANNIE WILLIAMS for a Conditional Use Permit re short term rental at 223 64`n Street DISTRICT 5—LYNNHAVEN 6. 4500 OCEANFRONT, LLC,for a Conditional Use Permit re short term rental at 4500 Ocean Front Avenue DISTRICT 6—BEACH 7. WALTER LEE BURNETTE for a Conditional Use Permit re short term rental at 926 Maryland Avenue DISTRICT 6—BEACH 8. JAMES&KELLY TREBOUR for a Conditional Use Permit re short term rental at 939 Maryland Avenue DISTRICT 6—BEACH 9. WRIGHT TURN,LLC,for a Conditional Use Permit re short term rental at 938 Delaware Avenue DISTRICT 6—BEACH G. PLANNING ITEMS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#7 WILL BE CONSIDERED SEPARATELY ITEM#8 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ITEMS#4, 5, 6 and 9 COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEMS#4, 5, 6 and 9 Recess 5:58 P.M. —6:07 P.M. January 19, 2021 22 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JANUARY 19, 2021 6:07P.M. Mayor Dyer called to order the SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS of the VIRGINIA BEACH CITY COUNCIL on Tuesday, January 19, 2021, at 6:07 P.M Mayor Dyer personally opened the meeting in the Virginia Beach Convention Center, Suite 5, while all other members of City Council appeared electronically via WebEx. 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 Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act(the `Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest,"as defined in the Act,she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. January 19, 2021 23 Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda,she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015 is hereby made a part of the record. January 19, 2021 24 ITEM— VLC.1 MINUTES ITEM#71196 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council APPROVED the MINUTES of the SPECIAL SESSION of January 5, 2021 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 January 19, 2021 25 ITEM— VLC.2 MINUTES ITEM#71197 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council APPROVED the MINUTES of the SPECIAL SESSION of January 12, 2021 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 January 19, 2021 26 ITEM— VLD.1 PUBLIC HEARINGS ITEM#71198 Mayor Dyer DECLARED a PUBLIC HEARING: PROPOSED CAFE FRANCHISE AGREEMENT 27`h Atlantic, LLC t/a Oscars Oceanfront at 2613 Atlantic Avenue There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING January 19, 2021 27 ITEM— VLD.2. PUBLIC HEARINGS ITEM#71199 Mayor Dyer DECLARED a PUBLIC HEARING: FRANCHISE FOR CITY-OWNED PROPERTY 15`J'Street Pier There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING January 19, 2021 28 ITEM— VLD.3. PUBLIC HEARINGS ITEM#71200 Mayor Dyer DECLARED a PUBLIC HEARING.• POLLING PLACE CHANGE Bonney Precinct to Princess Anne High School There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING January 19, 2021 29 ITEM— VLE FORMAL SESSION AGENDA ITEM#71201 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions F:1, 2, 3a/b, 5, 6, 7(DEFERRED TO FEBRUARY 2, 2021), 8a/b/c/d, 9, 10, 11 and 12/b and Planning Items G:4, 5, 6 and 9 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 F. ORDINANCES/RESOLUTIONS: ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#12a WILL BE CONSIDERED SEPARATELY G.PLANNING ITEMS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#7 WILL BE CONSIDERED SEPARATELY ITEM#8 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ITEMS#4, 5, 6 and 9 COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEMS#4, 5, 6 and 9 January 19, 2021 30 ITEM VLF.1 ORDINANCES/RESOLUTIONS ITEM#71202 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council ADOPTED, BY CONSENT, Ordinance to GRANT a Franchise Agreement for an Open Air Cafe in the Resort Area to 27th Atlantic,LLC, t/a Oscars Oceanfront Cafe at 2613 Atlantic Avenue re Boardwalk Café 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 January 19, 2021 1 AN ORDINANCE GRANTING A FRANCHISE 2 AGREEMENT FOR AN OUTDOOR CAFE IN 3 THE RESORT AREA 4 5 WHEREAS, City Council adopted revised regulations for outdoor café franchises 6 ("Revised Regulations") on October 20, 2020; and 7 8 WHEREAS, the Revised Regulations simplify the outdoor café franchise program 9 and allow more flexibility for outdoor café owners and operators to keep pace with 10 current standards in construction, design and materials; and 11 12 WHEREAS, the City has developed a franchise agreement for the regulation of 13 outdoor cafés, which the grantees are required to execute as a condition of the grant; 14 and 15 16 WHEREAS, the City Council has traditionally granted initial franchises for one- 17 year terms; and 18 19 WHEREAS, if an outdoor café is successfully operated during the initial one- 20 year term, the franchisee may return to Council and request a five-year franchise 21 agreement; and 22 23 WHEREAS, 27th Atlantic, LLC, t/a Oscars Oceanfront Cafe, is seeking a one- 24 year franchise agreement for operation of a Boardwalk Café at 2613 Atlantic Avenue; 25 and 26 27 WHEREAS, the Strategic Growth Area Office recommends that the above- 28 named entity be granted an outdoor café franchise agreement. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH: 32 33 That the City Council hereby grants 27th Atlantic, LLC, t/a Oscars Oceanfront 34 Cafe, a one-year franchise agreement for the operation of a Boardwalk Café at 2613 35 Atlantic Avenue. Adopted by the City Council of Virginia Beach, Virginia on this 19 t May of January 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �,V�•.�,c 'C... ylie �/ I''/elit Strategic Growth Area Office City Attorney's Office 31 ITEM VLF.2 ORDINANCES/RESOLUTIONS ITEM#71203 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council ADOPTED, BY CONSENT, Ordinance to GRANT a Franchise to Entertainment,Inc.,for the use of City Property at the Oceanfront and 15 h Street re operation of the Virginia Beach Fishing Pier 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 January 19, 2021 1 AN ORDINANCE GRANTING A FRANCHISE 2 TO ENTERTAINMENT, INC. FOR THE USE 3 OF CITY PROPERTY AT THE OCEANFRONT 4 AND 15TH STREET FOR THE OPERATION 5 OF THE VIRGINIA BEACH FISHING PIER 6 7 WHEREAS, on May 11, 1962, the City Council originally granted a twenty-year 8 franchise to Virginia Beach Pier and Amusement Company ("VBPAC") at the oceanfront 9 and 15th Street for the construction and operation of a fishing and amusement pier (the 10 "Pier") on City-owned property; 11 12 WHEREAS, since the expiration of the original twenty-year franchise, additional 13 short-term franchises have been granted to the VBPAC's successor, Entertainment, 14 Inc.; 15 16 WHEREAS, the current franchise expired on October 31, 2019, and 17 Entertainment, Inc. desires to continue operating the Pier and its related facilities; 18 19 WHEREAS, Entertainment, Inc. would be responsible for maintaining the Pier 20 and making repairs as needed; 21 22 WHEREAS, City staff has recommended to the City Council that a franchise be 23 awarded to Entertainment, Inc. for a two-year term, with three additional one-year 24 renewal options; and 25 26 WHEREAS, based on the staff's recommendation and the Pier's long-time 27 existence, the City Council finds that granting a franchise for up to five years for the 28 operation of the Pier will promote the public interest and serve to enhance the festive 29 atmosphere at the oceanfront. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 1 . That a franchise is hereby granted to Entertainment, Inc. to operate the 35 Virginia Beach Fishing Pier at its existing location effective February 1 , 2021 until 36 January 31 , 2023, with three additional one-year renewal options. 37 38 2. That the City Manager, or his designee, is hereby authorized to execute 39 the franchise agreement with Entertainment, Inc. in accordance with the Summary of 40 Terms attached hereto as Exhibit A and made a part hereof, and such other terms, 41 conditions and modifications deemed necessary and sufficient by the City Manager and 42 in a form deemed satisfactory by the City Attorney. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on this 19th day 45 Of January , 2021 . i APPROVED AS TO CONTENT: APPROVED AS TO SUFFICIENCY: l-. Bement City Attorney CA14221 VAappicatlorslctlylawprodcycom321W pdoca1DIMP00210004C994.DOC R-1 January 8, 2021 2 EXHIBIT A SUMMARY OF TERMS Proposed Franchise For The Virginia Beach Fishing Pier (the "Pier") Grantor: City of Virginia Beach Grantee: Entertainment, Inc. Franchise Property: "Pier Property" as set forth on Exhibit B (attached). The City owns the property from the sandy beach to the mean low water line. The Commonwealth of Virginia owns the bottomlands east of the City property. Initial Term: February 1, 2021 through January 31, 2023. Renewal Options: Three (3) additional one-year renewal options. Options only exercised on mutual agreement of both parties. Franchise Fee: $20,000 for each year of the franchise, to be paid in equal installments on the 15th of each June, July, August and September of each year. Responsibilities of Grantee: • Shall keep Pier and Pier Property in good condition and repair. • Shall provide commercial liability coverage including product liability coverage in the amount of not less than $1,000,000 (CSL). • Shall indemnify and hold harmless the Grantor for all claims, damages or losses resulting from Grantee's operation, occupancy and use of the Pier and Pier Property or the conduct of its operation, or resulting from the negligence or intentional acts or omissions of the Grantee. • Shall maintain financial reserves of at least $100,000 at all times to be used to repair or remove Pier in event of damage or destruction. • Shall be responsible for payment of all applicable taxes in connection with the use of the Pier Property. • Grantee has obtained an inspection report of the Pier from SPC Structural Engineers dated April 8, 2020. Grantee agrees to implement the recommendations of that report. Permitted Uses: • Rental and sale of bait and tackle for fishing. • One or more restaurants with a maximum area of 4,600 square feet each. • Retail stores engaged in the sale of tourist-related merchandise, goods and/or services. However, the sale of time shares shall be permitted only from a specified kiosk on the Pier. Rights and Responsibilities of Grantor: • Shall have the right to inspect the Pier and the Pier Property at all reasonable times with or without notice to the Grantee. • Shall have the right to cancel and terminate the franchise on written notice to the Grantee upon failure of the Grantee to cure a default or a breach of the terms and conditions of the franchise. • Shall have the right, with no compensation to the Grantee, to photograph the Pier, including the interior and exterior thereof, any persons on and about the Pier and the name of the Grantee's establishments, and to use any such photographs in any of the Grantor's publicity or advertising. Special Conditions: • From November 1 through January 6 of each year, the Grantor shall have the right to place on the Pier electric lights, electrical wiring, temporary junctions or fuse boxes and such other equipment needed by Grantor in connection with a holiday light display on the Virginia Beach oceanfront boardwalk of the type currently known as "Holiday Lights at the Beach". • Franchise is assignable upon written consent of the City, which consent may be denied for any reason. EXHIBIT B PIER PROPERTY: As used in this Agreement, the term "Pier Property" shall refer only to the area of land under and/or immediately contiguous to the Pier, which is a portion of the following described real property: All that certain strip, tract or parcel of land lying in the City of Virginia Beach, Virginia, lying east of the Entertainment, Inc. Tract (as defined below), being bounded on the west by the Entertainment, Inc. Tract, on the east by the low water mark of the Atlantic Ocean, on the north by an extension into the Atlantic Ocean of the northern line of the Entertainment, Inc. Tract, and on the south by the extension into the Atlantic Ocean of the southern line of the Entertainment, Inc. Tract, together with all ways, water courses, riparian rights, privileges and appurtenances to the same belonging. ENTERTAINMENT INC. TRACT The "Entertainment, Inc. Tract" is described as follows, but the Entertainment, Inc. Tract is not a part of the Pier Property: All that certain tract, piece or parcel of land, together with all the buildings, appurtenances and riparian rights thereto belonging, including all piers, wharves and structures thereon and extending eastwardly therefrom, located in the City of Virginia Beach, Virginia, and described as follows: Beginning at a point in the eastern line of Atlantic Avenue 92 feet and 6 inches north of the intersection of the northern line of 14th Street with the eastern line of Atlantic Avenue, and running thence northwardly along the eastern line of Atlantic Avenue 289 feet and 6 inches to a point in the eastern line of Atlantic Avenue; thence eastwardly and parallel with 14th Street 150 feet to a point; thence southwardly parallel with Atlantic Avenue 289 feet and 6 inches to a point; thence westwardly parallel with 14th Street, 150 feet to the point of beginning; it being a portion of Block 1 as shown on the plat of property of Norfolk and Southern Railroad dated April 2, 1914, and recorded in the aforesaid Clerk's Office in Map Book 6 at page 320. 32 ITEM VLF.3a ORDINANCES/RESOLUTIONS ITEM#71204 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section: a. 10-1 re Bonney Precinct Polling Place to Princess Anne High School 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 January 19, 2021 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO CHANGE THE POLLING LOCATION FOR THE 3 BONNEY PRECINCT 4 5 SECTION AMENDED: § 10-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 Section 10-1 of the City Code are hereby amended and reordained to read as 11 follows: 12 13 Sec. 10-1. Establishment of precincts and polling places. 14 15 There are hereby established in the city the following precincts and their respective 16 polling places, as set forth below: 17 18 Precinct Polling Place 19 20 Alanton Alanton Elementary School 21 Aragona Bayside Sixth Grade Campus 22 Arrowhead Arrowhead Elementary School 23 Avalon Woodstock Elementary School 24 Baker Ebenezer Baptist Church 25 Bayside Bayside Elementary School 26 Bellamy Salem Middle School 27 Blackwater Blackwater Fire Station 28 Bonney Discovery Church 29 Princess Anne High School 30 Brandon Brandon Middle School 31 Brookwood Brookwood Elementary School 32 Buckner Green Run Baptist Church 33 Cape Henry Research and Enlightenment Building (Edgar 34 Cayce Library) 35 Capps Shop Back Bay Christian Assembly 36 Centerville Centerville Elementary School 37 Chesapeake Beach Bayside Baptist Church 38 Chimney Hill Rosemont Elementary School 39 College Park College Park Elementary School 40 Colonial Colonial Baptist Church 41 Colony Lynnhaven Colony Congregational Church 42 Corporate Landing Corporate Landing Middle School 43 Courthouse Kellam High School 44 Creeds Oak Grove Baptist Church 45 Cromwell Landstown High School 46 Culver Ocean Lakes High School 47 Dahlia Green Run High School 48 Dam Neck Corporate Landing Elementary School 49 Davis Corner Bettie F. Williams Elementary School 50 Eastern Shore Eastern Shore Chapel 51 Edinburgh St. Aidan's Episcopal Church 52 Edwin Kempsville Middle School 53 Fairfield Kempsville Presbyterian Church 54 Foxfire Wave Church 55 Glenwood Glenwood Elementary School 56 Great Neck All Saints Episcopal Church 57 Green Run Green Run Elementary School 58 Haygood Haygood United Methodist Church 59 Hillcrest New Castle Elementary School 60 Holland Holland Elementary School 61 Homestead Providence Presbyterian Church 62 Hunt Princess Anne Recreation Center 63 Independence Water's Edge Church 64 Indian Lakes Indian Lakes Elementary School 65 Indian River San Lorenzo Spiritual Center 66 Kings Grant St. Nicholas Catholic Church 67 Kingston King's Grant Presbyterian Church 68 Lake Christopher New Covenant Presbyterian Church 69 Lake Joyce Morning Star Baptist Church 70 Lake Smith Bayside Church of Christ 71 Landstown Landstown Community Church 72 Larkspur St. Andrews United Methodist Church 73 Lexington Larkspur Middle School 74 Linkhorn Virginia Beach Community Chapel 75 Little Neck Lynnhaven United Methodist Church 76 London Bridge London Bridge Baptist Church 77 Lynnhaven Cape Henry Church 78 Magic Hollow Virginia Beach Moose Family Center 79 Malibu Malibu Elementary School 80 Manor Providence Elementary School 81 Mt. Trashmore Windsor Woods Elementary School 82 Newtown Good Samaritan Episcopal Church 83 North Beach Galilee Episcopal Church 84 North Landing Hope Haven 85 Ocean Lakes Ocean Lakes Elementary School 86 Ocean Park Bayside Community Recreation Center 87 Oceana The Gathering at Scott Memorial United 88 Methodist Church 89 Old Donation Calvary Baptist Church 90 Pembroke Pembroke Elementary School 91 Pinewood Lynnhaven Presbyterian Church 92 Plaza Lynnhaven Elementary School 93 Pleasant Hall Emmanuel Episcopal Church 94 Point O'View Point O'View Elementary School 95 Red Wing Seatack Elementary 96 Rock Lake Salem Elementary School 97 Rosemont Forest Rosemont Forest Elementary School 98 Roundhill Salem High School 6ZOZ 'L tienuer b6ZS LVD eoy}O s Ae _0 legs! kl auto :AoN13lj-ns 1V931 01 SV a3AOlidd`d :1N31NO0 01 SV OJAO?lddV LZOZ Ax nuE� to depq I.6 Ism uo `e!u!6J!n `yoea8 e!u!6f!A}o 40 ay}}o!!aunoO i(}ia ay}Aq pa}dopy laupaJd £Z 6u!plm8 Jeils!6aj ialo/vainilnou6y salon aaluesgv lequaO ZZ �alueo a}!l ue!lsugO goea8 e!u!6J!A eJeus}!oM 12 i. yoiny° ueualAgsaJd aplsAeg >IonPyal!M OZL loops fueluawe13 sleO JospuIM s){eO Jospu!M 61.I. (Dingo islide8 uuAi e!leyl a6ell!n 8 L loops tieluawe13 smep eaiy1 uo}dn L L L g0Jngo islide8 raN }ewJO pooMlueJ1 9 L looyos tie1u0w013 SNeO el!gM o epagwl 914, looyos eIPP!W eouepuedepul poo6y6noJoyl VL L loops 41e1uawa13 e!leyl e!leyl £L L loops tie}uewal3 poomilet poomilel Z L L looyos keluawa13 a6pugmeilS a6pugmeJis L L L Ai iqn eaay all!nsdwayl °sego piollewlS 0 L e!ul6J!_n la Jeluao IJy AJeJodwa;uo3 yaea8 4inos 60 L loops tieluawel3 (I!W pa { ew6!s 80 L yoin40°Moyle° snnay}leyy }g fed wagS LO L tieluawa13 )ed uollayS )ped uo}lays 90 L ialemapll}o yolny0 clue DNS 90L loops tie}uewal3 sw1ej Jaydo}sugO awngieys VOL uo!sueosy ayl to yoinyo uouuegs Co!- gamin is!}de8 anl10 lunoy moeleas ZOL yamyo lslp01419y41 pepun epeuiegei e6pugpueS L0L loops fueluawa13 AeNoped spooM wales 00L loops tieluewa13 a)l000 _l •M eepngl 66 33 ITEM VLF.3b ORDINANCES/RESOLUTIONS ITEM#71205 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section: b. 18-92 re distinction between a pawnbroker and pawnshop for a business license 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 January 19, 2021 1 AN ORDINANCE TO AMEND SECTION 18-92 OF THE CITY 2 CODE REGARDING BUSINESS LICENSE 3 REQUIREMENTS OF PAWNSHOPS 4 5 SECTION AMENDED: § 18-92 6 7 WHEREAS, the General Assembly has modified the definition of"pawnbroker" in 8 a manner that requires a distinction in the City's Business License Code between a 9 pawnbroker and a pawnshop; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA, THAT: 13 14 Section 18-92 of the City Code is hereby amended and reordained to read as 15 follows: 16 17 Sec. 18-92.—Pawnbfekefc. Pawnshops. 18 19 (a) The license tax rate for every person engaged in business as a pawnshop 20 pawRiaciakef shall be 0.36 percent of the gross receipts in such business during the 21 preceding calendar year. 22 23 , 24 25 26 (c) No license to engage in business as a pawnshoppawnbroker in the city shall be 27 issued under this chapter unless the applicant therefor shall produce to the 28 commissioner of the revenue the license required by§54.1-4001 of the Code of Virginia, 29 as amended. 30 31 32 33 34 , 35 36 37 38 39 , 40 as ication. Adopted by the City Council of the City of Virginia Beach, Virginia, on thisl 9 t tday of January , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J( :L Y Commissionerrof a Revenue L-Cif rney s Office CA15297 / R-1 /December 29, 2020 34 ITEM VLF.4 ORDINANCES/RESOLUTIONS ITEM#71206 The following registered to speak: Jay Agustin, 2417 Fair Lady Place, Phone: 339-7023, spoke in OPPOSITION Ordinance to DECLARE 2.759+/- acres of land located at 212 Fair Lady Road and the vacant lot at the intersection of Fair Lady Road, Elon Drive and London Bridge Road in EXCESS of the City's needs and AUTHORIZE the City Manager to sell same to Performance Collison Centers, LLC re construct an automotive repair garage *After City Council discussion, action on this item was withheld pending consideration of Planning Item VI.G.2, (Application of PERFORMANCE COLLISION CENTERS,LLC, & THE CITY OF VIRGINIA BEACH for a Conditional Change of Zoningfrom R-5D Residential District&A-12 Apartment District to Conditional I-1 Light Industrial District and a Conditional Use Permit re automotive repair garage at 212 Fair Lady Road DISTRICT 6—BEACH) See page 47. January 19, 2021 35 ITEM VLF.5 ORDINANCES/RESOLUTIONS ITEM#71207 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE the issuance of Development Authority Revenue Bonds in an amount not to exceed$39-Million re acquisition,renovation, rehabilitation,equipping,and improvement of a 208-Unit multifamily affordable residential housing facility for The Atlantis Apartments Project 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 January 19, 2021 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA 2 BEACH, VIRGINIA FOR GOVERNING BODY APPROVAL OF THE 3 ISSUANCE BY THE CITY OF VIRGINIA BEACH DEVELOPMENT 4 AUTHORITY OF ITS MULTI-FAMILY AFFORDABLE RESIDENTIAL 5 HOUSING FACILITY REVENUE BONDS FOR THE BENEFIT OF 6 ATLANTIS PRESERVATION LP AND ITS ATLANTIS APARTMENTS 7 PROJECT LOCATED IN THE CITY OF VIRGINIA BEACH, VIRGINIA 8 9 WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), 10 was created and empowered pursuant to the Industrial Development and Revenue Bond 11 Acts Chapter 49, Title 15.2 of the Code of Virginia, as amended (the "Act); and 12 13 WHEREAS, the Act empowers the Authority to issue its notes or bonds in 14 accordance with the provisions of the Act for the purpose of making loans for assistance 15 in the financing or refinancing of the acquisition, renovation, rehabilitation, equipping and 16 improvement by private sponsors of affordable housing projects and to refund prior 17 obligations issued for any such purposes; and 18 19 WHEREAS, Atlantis Preservation LP, a Virginia limited partnership (the 20 "Borrower"), has applied to the Authority for the issuance of the Authority's Multi-family 21 Affordable Residential Housing Facility Revenue Bonds (Atlantis Preservation Project), 22 Series 2021 in an amount not to exceed $39,000,000 (the "Bonds"), to provide financing 23 for the acquisition, rehabilitation, equipping and improvement of a 208-unit multi-family 24 affordable residential housing project located on approximately 11.79 acres of land and 25 comprised of (i) 19 two-story garden apartment buildings, a surface parking area, two 26 playgrounds, a basketball court and other building amenities; (ii) the funding of debt service 27 and other reserve funds; and (iii) the payment of costs of issuance of the Bonds and other 28 transaction costs (collectively, the "Project"); and 29 30 WHEREAS, the Borrower, which will commence the Project promptly following the 31 issuance of the Bonds, has its principal place of business at 250 W. 55th Street, 35th Floor, 32 New York, New York 10019; and 33 34 WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended 35 (the "Code"), requires, among other things, the approval by this Council of the issuance 36 of any private activity bonds by the Authority after the Authority has held a public hearing 37 with regard to such action as one of the acts required in order for the interest on such 38 Bonds to qualify for exemption from the imposition of federal income tax; and 39 40 WHEREAS, pursuant to due notice, the Authority has, on December 15, 2020, 41 conducted a public hearing on the application of the Borrower for the issuance of the 42 Bonds in compliance with the requirements of Section 147(f) of the Code and Section 43 15.2-4906 of the Virginia Code, and after such public hearing did adopt a resolution to 44 express its intent to issue an amount not to exceed $39,000,000 of its tax-exempt bonds, 45 subject to the adoption of this resolution by Council; and 1 46 WHEREAS, Section 15.2-4906 of the Virginia Code requires that within sixty (60) 47 calendar days after the public hearing, that this Council approve or disapprove the 48 financing of any facility recommended by the Authority; and 49 50 WHEREAS, pursuant to Section 146 of the Code and Title 15.2, Chapter 50 of the 51 Virginia Code and the Virginia Private Activity Bond Allocation Guidelines utilized by the 52 Virginia Department of Housing and Community Development ("DHCD"), an allocation 53 from the "State Ceiling" (as defined in Section 146 of the Code) limitation on the volume 54 of private activity notes or bonds which may be issued in the Commonwealth of Virginia 55 in 2021 (the "Volume Cap") must be granted by DHCD from either its Local Housing 56 Authority Pool or the Governor's Discretionary Fund, in its capacity as Allocation 57 Administrator, in order for the interest on the Bonds to be exempt from the imposition of 58 federal income tax, and for which allocation of Volume Cap an application must be 59 submitted by the Authority and the Borrower to DHCD; and 60 61 WHEREAS, the Authority has recommended that the Council approve the 62 issuance of the Bonds and support the Authority's application to DHCD for an allocation 63 to the Bonds of a portion of the State Ceiling with respect to the Volume Cap; and 64 65 WHEREAS, a Fiscal Impact Statement complying with the requirements of 66 Section 15.2-4907 of the Virginia Code, a record of the public hearing held by the 67 Authority, and a copy of the Authority's recommending the Council's approval of the 68 issuance of the Bonds by the Authority, subject to the terms to be agreed upon, have 69 been filed with the Council. 70 71 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 72 VIRGINIA BEACH, VIRGINIA: 73 74 1. The Council approves the issuance of the Bonds by the Authority for the 75 benefit of the Borrower, as required by Section 147(f) of the Code, and Section 15.2-4906 76 of the Virginia Code, as applicable to affordable housing projects. 77 78 2. The Council supports the Authority's application to DHCD for one or more 79 allocations for the Bonds totaling $39,000,000 of the State Ceiling of Volume Cap. 80 81 3. The approval of the issuance of the Bonds, as required by Section 147(f) of 82 the Code and Section 15.2-4906 of the Virginia Code, and the acceptance of the fiscal 83 impact statement provided in accordance with Section 15.2-4907 of the Virginia Code do 84 not constitute an endorsement to a prospective purchaser of the Bonds of the 85 creditworthiness of the Project or the Borrower. 86 87 4. The Bonds shall provide that neither the City of Virginia Beach, Virginia (the 88 "City") nor the Authority shall be obligated to pay the Bonds or the interest thereon or 89 other costs incident thereto and that neither the faith and credit nor the taxing power of 90 the Commonwealth of Virginia, the City of Virginia Beach, or the Authority is pledged to 2 91 the payment of the principal of the Bonds or the interest thereon or other costs incident 92 thereto. 93 94 5. In adopting this resolution, neither the City nor the Authority, including their 95 elected representatives, officers, employees and agents, shall be liable for, and hereby 96 disclaim all liability for, any damages to any person, direct or consequential, resulting from 97 the Authority's failure to issue the Bonds for any reason. 98 99 6. This resolution shall go into effect immediately upon the date of its adoption. 100 l o l Adopted by the City Council of the City of Virginia Beach, Virginia on the 19 t h day 102 Of January , 2021. APPROVED AS TO CONTENT: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Economic evelopment City Attorney CA14390 \vbpov.com\dfs1\applications\cltylaw\cycom32\wpdocs1d014\p037100688288.docx R-1 January 6, 2021 3 CERTIFICATE OF VOTES The following is a record of the vote by the Council of the City of Virginia Beach, Virginia (the "Council"), on the foregoing resolution, approved at a duly called regular meeting of the Council held on January 19, 2021, at which meeting a quorum of the Council was present: AYE NAY ABSTAIN ABSENT Robert M. Dyer, Mayor x James Wood, Vice-Mayor x Jessica Abbott x Michael Berlucchi x Barbara Henley Louis Jones John Moss Aaron R. Rouse x Guy King Tower x Rosemary Wilson _ x Sabrina Wooten x F� Amand nes, City Clerk Council of the City of Virginia Beach, Virginia 43910463v2 4 36 ITEM VLF.6 ORDINANCES/RESOLUTIONS ITEM#71208 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE five(5)full-time positions for Virginia Aquarium re staff the new South Building facility and accommodate new programming 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 January 19, 2021 1 AN ORDINANCE TO AUTHORIZE FIVE POSITIONS IN THE 2 DEPARTMENT OF THE VIRGINIA AQUARIUM 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. 5 VIRGINIA. THAT- 6 7 Five additional full-time equivalent positions are hereby authorized in the 8 Department of the Virginia Aquarium. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of January 2021 APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY 7 tttif -/ Budget and iv anagement'ervices rty tto y's Office CA15299 R-1 january 7 2021 37 ITEM VLF.7 ORDINANCES/RESOLUTIONS ITEM#71209 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council DEFERRED TO FEBRUARY 2, 2021, BY CONSENT, Ordinance to SUSPEND City Code Sections 18-49 and 18-50 re Alcoholic Beverage License Taxes for Calendar Year 2021 and APPROPRIATE $325,000 from fund balance reserved for Pandemic Relief to provide offsets(Requested by Council Member Tower) 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 January 19, 2021 38 ITEM VLF.8a-d ORDINANCES/RESOLUTIONS ITEM#71210 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council ADOPTED, BY CONSENT, Resolution to ADD a Legislative Request to the 2021 Legislative Agenda to support four(4) bills(Requested by City Council): a. Senate Bill 1119 re assist with costs of purchasing, operating and maintaining body- worn camera systems; b. House Bill 1859 re allow localities greater flexibility in administering Commercial Property Assessed Clean Energy(C-PACE)financing programs; c. House Bill 2042 re allow localities to adopt local tree replacement and planting ordinances that exceed previous minimum requirements to address recurrent flooding and comply with local comprehensive plan; d. House Bill 1738 re allow local governing bodies to create up to three (3) Outdoor Refreshment Areas (ORA)within their localities, authorizing patrons of restaurants or other businesses with an ABC retail license located in the area to leave the business and lawfully walk withing the ORA with an alcoholic beverage 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 January 19, 2021 REQUESTED BY CITY COUNCIL 1 A RESOLUTION TO ADD A LEGISLATIVE 2 REQUEST TO THE 2021 LEGISLATIVE AGENDA 3 TO SUPPORT FOUR BILLS 4 5 WHEREAS, on January 12, 2021, the City Council received a public briefing on 6 the following four General Assembly bills: 7 8 • Senate Bill 1119 (Body-Worn Camera System Fund)would create a special 9 fund to assist state and local law-enforcement agencies with the costs of 10 purchasing, operating and maintaining body-worn camera systems; 11 12 • House Bill 1859 (C-PACE Program) would allow localities greater flexibility 13 in administering commercial property assessed clean energy (C-PACE) 14 financing programs; 15 16 • House Bill 2042 (Tree Canopy) would allow localities to adopt local tree 17 replacement and planting ordinances that exceed previous minimum 18 requirements to address recurrent flooding and comply with the local 19 comprehensive plan; and 20 21 • House Bill 1738 (Outdoor Refreshment Area) would allow local governing 22 bodies to create up to three outdoor refreshment areas (ORAs) within their 23 localities, with a maximum size of one-half square mile per area, which 24 would authorize patrons of restaurants or other businesses with an ABC 25 retail license located in the area to leave the business and lawfully walk 26 within the ORA with an alcoholic beverage; and 27 28 WHEREAS, it is the sense of the City Council that enactment of these four bills 29 would positively impact the safety, welfare and quality of life of the City's residents and 30 visitors; 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF VIRGINIA BEACH, VIRGINIA, THAT: 34 35 The City Council urges the approval of these four bills, support for which are hereby 36 added to the Virginia Beach 2021 Legislative Agenda. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 19th day of January , 2021. APPROVED AS TO LEGAL SUFFICIENCY: /e71,:" City Attorney's Offic CA15303 R-2 January 12, 2021 39 ITEM VLF.9 ORDINANCES/RESOLUTIONS ITEM#71211 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council ADOPTED, BY CONSENT, Resolution to APPROVE a Memorandum of Understanding (MOU) with the Virginia Port Authority re placement of sand 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 January 19, 2021 1 A RESOLUTION TO APPROVE A MEMORANDUM 2 OF UNDERSTANDING BETWEEN THE CITY AND 3 THE VIRGINIA PORT AUTHORITY FOR 4 PLACEMENT OF SAND 5 6 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 9 The City Council hereby approves a Memorandum of Understanding (MOU) 10 between the City of Virginia Beach and the Virginia Port Authority provided the MOU is 11 in substantial conformity with the draft MOU attached hereto as Exhibit A, and the MOU 12 is approved as to legal sufficiency by the Office of the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th day of January , 2021. APPROVED A,S TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r ,,_ • Department of Public Works City omey's Office CA15267 R-1 December 21, 2020 MEMORANDUM OF UNDERSTANDING BETWEEN THE VIRGINIA PORT AUTHORITY AND THE CITY OF VIRGINIA BEACH This Memorandum of Understanding ("MOU") entered into this _th day of , 2021, between the Virginia Port Authority, a body corporate and political subdivision of the Commonwealth of Virginia ("VPA"), and the City of Virginia Beach (the "City") (collectively referred to as the"Parties")provides as follows: WHEREAS, the VPA is a body corporate and political subdivision of the Commonwealth of Virginia vested with certain powers set forth in Title 62.1, Chapter 10 of the Code of Virginia(1950) as amended; WHEREAS, the VPA, through its participation in the Norfolk Harbor Dredging Project in the Thimble Shoals Channel and Atlantic Ocean (the "Work"), will generate a volume of dredge material, and the Parties believe a portion of such dredge material will be useful for beach nourishment (the "Beach Quality Sand"); WHEREAS,the City has certain capital improvement projects requiring Beach Quality Sand, and the timeline for the City's need for Beach Quality Sand lines up with the VPA's anticipated prosecution of the Work; WHEREAS, because of the Parties believe there are benefits to coordination of the Work and the City need for Beach Quality Sand, the Parties desire to move forward with a partnership (the "Partnership"), a timeline to accept the Beach Quality Sand from the Norfolk Harbor Dredging Project,and to apportion the costs related thereto(collectively,the Partnership, the anticipated timeline, and the apportionment of costs shall be referred to as the "Project"); WHEREAS, the Parties wish to establish mutually agreeable parameters for this partnership herein as the MOU or the "Partnership Agreement"; NOW THEREFORE the City and the VPA agree to the mutual understanding set forth below and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Joint Responsibilities of the Parties The Parties shall jointly have the following responsibilities: a. Designate primary points of contact for coordination on the proposed operational dialogue; and b. Participate in calls necessary for the coordination of effort, such calls to occur at least monthly and may occur more frequently as needed. 1 2. General Timeline Actual project schedule shall not be available until bidding occurs,but an anticipated timeline is as follows: 1. January 2021 Agreement executed between VPA and the City. 2. March 21, 2021 Permits acquired by the City 3. July 2021 Project advertised by VPA Procurement 4. August 2022 Chesapeake Bay beaches replenished 5. Fiscal 2023 Big Beach replenished (if applicable) 3. Responsibilities of VPA 1. The VPA shall act as the contracting authority(the "Contracting Authority") for the purposes of entering into an agreement with a contractor(the"Contractor") for performance of the Work. a. VPA will seek and obtain input from the City in relation to the Work, inclusive of submittals and payment applications. b. VPA will include a bid alternative for beach placement of Beach Quality Sand. 4. Responsibilities of the City 1. The City shall not enter into any contractual arrangement with the Contractor regarding the Work without specific approval by the VPA. 2. The City shall notify the VPA within 72 hours of bid opening if the bid alternative price is accepted, and the City shall have the discretion to approve or not the bid alternative. 3. The City acknowledges the requested volume and quality of Beach Quality Sand is not guaranteed. 4. The City commits to an amount not exceeding the funds currently appropriated, $6,356,088 (the"City Commitment"), and by signing this MOU, the City staff will pursue appropriation of additional funds in the FY2022 budget process necessary for a maximum City contribution of$8,900,000 for the Project. Upon presentation of invoice or other such request for payment from the VPA, the City shall review the invoice and, if the invoice is in accordance with the Project Agreement, the City shall remit payment to the VPA for its portion of the Work. 5. The City Commitment is based on the following cost items: a. The cost difference established by the bid alternative. The City shall reimburse the VPA for the total cost difference between ocean placement and beach placement. b. City shall reimburse the VPA for the total mobilization and demobilization costs associated with the deployment of land-based equipment and procurement of material for beach placement. The costs of 1)mobilization and demobilization and 2)beach placement material procured shall be covered regardless of actual volume placed. 2 c. In addition to the cost difference as bid, the City will reimburse the VPA $0.10 per cubic yard for VPA expenses incurred during design and construction, and such amount shall not exceed $100,000. This reimbursement is inclusive of the VPA efforts for the Project. 6. Permits and plans and specifications detailing proposed beach nourishment placement and related effort shall be at the City's sole expense and responsibility and shall be obtained by March 21 st, 2021. If the City cannot obtain such permits by March 21 st, 2021, the City shall forthwith communicate such inability to obtain permits and provide a revised schedule for obtaining permits and a reasonable timeline for the acquisition of such permits. 5. Standard Terms and Conditions This MOU is effective upon signature by the parties and shall continue indefinitely unless terminated. Either party may terminate this MOU by providing written notice to the other party 30 days prior to the effective date of such termination. Nothing herein authorizes the expenditure of funds not previously appropriated by an elected body, and the failure to appropriate sufficient funds shall not be a ground upon which one of the Parties may be liable. This MOU may be supplemented or amended only by a writing signed by all of the Parties. This MOU shall constitute the entire MOU between the Parties, and it supersedes any prior understanding, agreement, or representation by or between the Parties. This MOU is for the exclusive benefit of, and may only be enforced by the Parties, and this MOU is not intended to benefit or confer any rights on any other person, organization, or entity. If any part of this MOU shall be found by a court of competent jurisdiction to be unlawful, such part shall be severed from this MOU, and the remainder of this MOU shall remain in full force and effect. The parties represent and warrant that the undersigned are authorized to enter into this MOU and that this agreement is binding and enforceable against the parties. Notwithstanding any other provision of this MOU and whether or not a party has foreseen, been advised of, or is aware of the possibility of any of the losses or damages described in this Section, no party to this MOU shall be liable under any theory of recovery whether based in contract, in tort (including negligence and strict liability), or any other legal or equitable theory, for(i) any consequential, special,punitive, exemplary,moral, indirect or incidental losses or damages whatsoever or for any other loss, damage or cost of a similar kind, or (ii)any of the following,whether characterized as direct or indirect damages or losses: loss of data or information, cost of capital, loss of goodwill, loss of opportunity, loss of interests, loss of revenues or profit or the loss of use thereof; each party hereby releases the other parties from any such liability and acknowledge that no party has the expectation of receipt of any such damage, loss or cost. [SIGNATURE PAGE FOLLOWS] 3 IN WITNESS WHEREOF, the Parties to this Memorandum of Understanding have caused it to be executed pursuant to their express authority this_day of ,2021. Virginia Port Authority By: (SEAL) John F. Reinhart, CEO/Executive Director The City of Virginia Beach By: (SEAL) Name: Title: City approvals: Content: Director of Public Works or designee Funding sufficiency: Director of Finance or designee Legal sufficiency: Senior/Associate City Attorney 4 40 ITEM VLF.10 ORDINANCES/RESOLUTIONS ITEM#71212 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date to satisfy the conditions to January 20, 2022 re closure of approximately 2,176 square foot unimproved portion of right-of-way adjacent to 770 Woodstock Road 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 January 19, 2021 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE MATTER 3 OF CLOSING AN UNIMPROVED RIGHT-OF-WAY 4 ADJACENT TO 770 WOODSTOCK ROAD 5 6 WHEREAS, on January 21, 2020, the Council of the City of Virginia Beach acted 7 upon the application of Hannah and Hamilton Gubanc (collectively, the "Applicant"), for 8 the closure of approximately 2,176 sq. ft. of an unimproved right-of-way adjacent to their 9 property located at 770 Woodstock Road; 10 11 WHEREAS, City Council adopted an Ordinance (ORD-3611C) to close the 12 aforesaid portion of right-of-way, subject to certain conditions being met on or before 13 January 21, 2021; and 14 15 WHEREAS, on January 5, 2021, the Applicant requested an extension of time to 16 satisfy the conditions to the aforesaid street closure action. 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 That the date for meeting conditions of closure as stated in the Ordinance 22 adopted on January 21, 2020 (ORD-3611C), upon application of Hannah and Hamilton 23 Gubanc, is extended to January 20, 2022. 24 25 Adopted by the Council of the City of Virginia Beach, Virginia, on thisl 9 t h day 26 of January , 2021. 27 28 No GPIN assigned (Right-of-Way) 29 Adjacent to GPIN: 1456-74-1919 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: /41-1 L C�/ City Attorney Planning/Depart ent CA15204 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d006\p035\00692625.doc R-1 January 7, 2021 41 ITEM VLF.11 ORDINANCES/RESOLUTIONS ITEM#71213 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council ADOPTED, BY CONSENT,Resolution to DECLARE the proposed location of Westview Apartments a Revitalization Area re qualify for Virginia Housing Financing 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 January 19, 2021 1 A RESOLUTION DECLARING THE PROPOSED 2 LOCATION OF WESTVIEW APARTMENTS TO 3 BE A REVITALIZATION AREA IN ORDER TO 4 QUALIFY FOR VIRGINIA HOUSING FINANCING 5 6 WHEREAS, pursuant to Section 36-55.30:2(A) of the Code of Virginia, the City 7 Council of the City of Virginia Beach, Virginia, desires to designate an area as shown on 8 Exhibit A attached hereto (the "Area") as a revitalization area; 9 10 NOW, THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, THAT: 12 13 1. The Council makes the following determinations: 14 15 a. The industrial. commercial or other economic development of the Area will 16 benefit the City but the Area lacks the housing needed to induce 17 manufacturing. industrial, commercial, governmental, educational. 18 entertainment, community development. healthcare or nonprofit 19 enterprises or undertakings to locate or remain in the Area; and 20 21 b. Private enterprises and investment are not reasonably expected. without 22 assistance, to produce the construction or rehabilitation of decent. safe 23 and sanitary housing and supporting facilities that will meet the needs to 24 low and moderate income persons and families in the Area and will induce 25 other persons and families to live within the Area and thereby create a 26 desirable economic mix of residents in the Area 27 28 2. Pursuant to § 36-55.30:2(A) of the Code of Virginia, the Area is hereby 29 designated as a revitalization area. 30 Adopted by the Council of the City of Virginia Beach, Virginia on the 19 thday of January 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Housing aneNeighborhood '-C' ney's Office Preservation CA15300 R-1 January 6, 2021 EXHIBIT "A" REVITALIZATION AREA LOCATION - GPIN 1456-04-8084 / .C �t / r t • 7, i/*ft . n op Air , , 7474, • ' I• s , .• s 1 r : 4.:,;r._ 47 o. -- c t `-1:.' 2 i YYES l 1 Y�taGEi 4,_ • _7iL Ag E., (0: • 70' i1l� =Ni NRIYERESTAflfl'f `v r L m i nova^4a 1:�1 �% .1'N OS St s Lb - '..;1111 il^.. A ti KN HLL FYI l ■ •� WS Cbnald �• id:WEN j '' 'r, Manor Apartment> ill iv -r h A247x� t- r :Dr BEL1.10NT:,TPROL;gENCE ��� 71 I VI fr, i Old Dommwn Etht_ �VE Tr Freight Lines ,* C hur_h 82 ..+ COLLEGE PARK BLtiDjNi.RTH '). Century Plaza 9 / apartments Drk -••-- �I WM h 111 Vrrgrn / „I ,1,. B2 /' \� .R , % iir.....%.4.444:%A Di, Ar__: ,srnr , .«.:.. rAP• hr/,AA „r.-r- EXHIBIT "A" REVITALIZATION AREA SITE LAYOUT GPIN 1456-04-8084 ;;,,, ., _ . .. . II+illy dflOiiO NOISNHOf P4imNVM! r .`'' �ennN��H �adir�lw �s szc LN3WdO13A30 AlIWWd•t:11W M3N •� / -- ter. \le` / i 1 /. ' 1 '- qt {i IL ai f iv. "'• .4 .. -, \ 4 4 f i , 4.1".., / , , --... ......1,71, IMO 4ft, - , s ' 104 1 /I //‘4 iiii;/4%,i'r'S'i t1 1 iki‘s\k 1il ` \ t 44/Ifr 4'4' I.W* •i,,,t,,, I1"'N V i1gi.°..'P.i1:74'1e441il1p,a1e1,11*F"r #1.A..:.:..--.../::.•.1,,.,.1..1.1407.110." \d 1 ,1I0aV1I_iji li X, ;tom/i';:1 _ 1ei \ OLIIIV If 1p -,,c.,..., 4:-1/' ., ,...sp... 011 11111.,,, lik..., N I ....""A.. 1M ' i ip 1 ' , . '• 411:#,\44 - : ,,, ,„11,,,. , 1 r, it **;• t .f _ ,/ ilwIt \ .......\ , y .sli a %tit% rid"• J % i f = y F1� r f 1 1 �` it' {t 1 1 1 1 i J T. _- -2... ‘ -1-1-----k I ' i 1 1.......\ ill: . th _ -- - , f ITJs \& / ii \).; ltr.e r li - 1 , 1 r\ i 1 42 ITEM VI.F.12a ORDINANCES/RESOLUTIONS ITEM#71214 The following registered to speak: Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke in SUPPORT Upon motion by Council Member Berlucchi,seconded by Council Member Tower, City Council ADOPTED Ordinance to APPROPRIATE: a. $8,420,000 from the Fund Balance of the General Fund and AUTHORIZE a grant to the United Way of South Hampton Roads re provide emergency assistance to residents and small woman-owned and minority owned (SWAM) businesses 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 January 19, 2021 1 AN ORDINANCE TO APPROPRIATE $8,420,000 FROM 2 THE FUND BALANCE OF THE GENERAL FUND AND TO 3 AUTHORIZE A GRANT TO THE UNITED WAY OF SOUTH 4 HAMPTON ROADS FOR EMERGENCY ASSISTANCE 5 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH. 8 THAT: 9 10 $8,420,000 is hereby appropriated, with miscellaneous revenue increased 11 accordingly, from the fund balance of the General Fund from such amounts reserved for 12 Pandemic Relief to Non-Departmental Regional Grants to provide a grant to the United 13 Way of South Hampton Roads. These funds are intended to be used to provide 14 emergency assistance to the residents of the City. The United Way is hereby requested 15 to use such funds for the following purposes: 16 a. S6 million for financial assistance to individuals and families in need; and 17 b. $2.42 million for small business assistance, with a focus on Small, Woman-owned. 18 and Minority-owned (SWaM) businesses. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 t hday of January , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services 's Office CA.1 301 R-1 January 7. 2021 43 ITEM VLF.12b ORDINANCES/RESOLUTIONS ITEM#71215 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE: b. $1.5-Million to a dedicated reserve re Virginia Beach Vaccination Initiative 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 January 19, 2021 1 AN ORDINANCE TO APPROPRIATE $1,500,000 FROM 2 THE FUND BALANCE OF THE GENERAL FUND FOR A 3 VIRGINIA BEACH VACCINATION INITIATIVE 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $1,500,000 is hereby appropriated, with miscellaneous revenue increased 9 accordingly, from the fund balance of the General Fund from such amounts reserved for 10 Pandemic Relief to a dedicated reserve for vaccinations to be used for the Vaccinate 11 Virginia Beach Initiative. The City Manager or his designee is hereby authorized to 12 transfer funding as necessary from the dedicated reserve without such transfers being 13 subject to the$100,000 transfer limitation set forth in the Annual Appropriation Ordinance. 14 The City Manager shall provide monthly reports to the City Council as of the use of this 15 dedicated reserve for vaccinations. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 t h day of January , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: I t ff _ f Budget& Management Services ey's Office CA15302 R-2 January 13, 2021 44 ITEM- VLG.1 PLANNING ITEM#71216 The following registered to speak: R. J. Nutter,Attorney representing Applicant, 222 Central Park Avenue, Phone: 687-7502, spoke in SUPPORT Kim Mayo (Chesapeake Beach East Condo Association), 1408 Bradford Road, Phone: 450-3011, spoke in OPPOSITION TJ Morgan (President, Chesapeake Beach Civic League), 4604 Lake Drive, Phone: 621-1943, spoke in OPPOSITION Quinn Zimmerman, 2529 Beauford Avenue, Phone: 287-2643, spoke in OPPOSITION Bruce Husselbee, 2604 West Chubb Lake Avenue, Phone: 353-5474, spoke in OPPOSITION Mark Walker, 4828 Machen Avenue, Phone: 409-9300, spoke in OPPOSITION George Squires, 4953 Lookout Road, Phone: 703-850-0673, spoke in OPPOSITION Steven Ambrose, 4913 Liverneck Road, Phone: 621-5289, spoke in OPPOSITION Matt Baumgarten, 2469 Bayview Avenue, Phone: 644-7320, spoke in OPPOSITION Rebecca Bump, 2624 West Chubb Lake Avenue, Phone: 434-9403, spoke in OPPOSITION Robert Edwards, 2224 Greenwell Road, Phone: 630-4144, spoke in OPPOSITION Graham Sullivan, 2429 Tranquility Lane, Phone: 585-269-4178, spoke in SUPPORT Cami Best-Jones, 5021 Creek Cove Court, Phone: 803-413-2672, spoke in OPPOSITION Todd Solomon, 2260 First Landing Lane, Phone: 667-8533, spoke in OPPOSITION Michele Zimmerman, 2524 Chubb Lake Avenue, Phone: 647-7029, spoke in OPPOSITION Brad Barker, 3288 Page Avenue, Phone: 478-9474, spoke in SUPPORT Vicki Battaglia, 1725 Meredith Road, Phone: 286-5151, spoke in SUPPORT Sherry Kunst, 6 Bradford Point, Phone: 314-550-5340, spoke in OPPOSITION Bill Curtis, spoke in SUPPORT Jessica Youness, 4712 Windshore Drive, spoke in SUPPORT David Lindsay, 4756 Birdsong Ln,Apt 101, spoke in SUPPORT Rosemarie Baron, 4756 Birdsong Ln, Apt 101, Phone: 757-679-8554, did not respond Christopher Tan, Phone: 202-8378, spoke in SUPPORT Andy Baan, P.O. Box 1354, Phone: 708-5229, spoke in SUPPORT Teresa Pearson, 5345 Marian Lane, spoke in SUPPORT Michael LoCash, spoke in SUPPORT Harry Sellers, spoke in SUPPORT Larry Buckman, did not respond Connie Meyer, 582 Lynnhaven Parkway#202, did not respond James Steinberg, 4637 Guam Street, Phone: 403-2024, spoke in SUPPORT Neil Miller, 4829 Lee Avenue, Phone: 620-1546, spoke in OPPOSITION Kathleen Damon, 2242 Greenwell Road, Phone: 918-6662, spoke in OPPOSITION Wallis Damon, 2242 Greenwell Road, Phone: 918-6662, spoke in OPPOSITION Bruce Meyer, 582 Lynnhaven Parkway#202, spoke in SUPPORT January 19, 2021 45 ITEM— VLG.1 PLANNING ITEM#71216 (Continued) After City Council discussion, Council Member Jones made a motion, seconded by Council Member Moss, to DENY, Application of COLLIER & ASSOCIATES, LP for a Condition Change of Zoningfrom A-18,A-24 Apartment Districts&R-7.5 and R-10 Residential Districts to Conditional PD-H2 Planned Unit Development, R-7.5 Residential, A-24 & A-36 Apartment Districts re redevelopment of an existing apartment complex at 2352, 2348 & 4701 Windway Lane; 4753 Birdsong Lane; 2324 & 2336 Pleasure House Road DISTRICT 4—BAYSIDE Council Member Tower then made a SUBSTITUTE MOTION, seconded by Council Member Wooten, to APPROVE, Application of COLLIER & ASSOCIATES, LP for a Condition Change of Zoningfrom A-18,A-24 Apartment Districts&R-7.5 and R-10 Residential Districts to Conditional PD-H2 Planned Unit Development, R-7.5 Residential, A-24 &A-36 Apartment Districts re redevelopment of an existing apartment complex at 2352, 2348 & 4701 Windway Lane; 4753 Birdsong Lane; 2324 & 2336 Pleasure House Road DISTRICT 4—BAYSIDE Voting: 7-4 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones, John D. Moss and Vice Mayor James L. Wood Council Members Absent: None January 19, 2021 46 ITEM— VLG.1 PLANNING ITEM#71216 (Continued) Upon motion by Council Member Tower, seconded by Council Member Wooten, City Council APPROVED,AS PROFFERED,Application of COLLIER&ASSOCIATES,LP for a Condition Change ofZonin from A-18,A-24 Apartment Districts&R-7.5 and R-10 Residential Districts to Conditional PD- H2 Planned Unit Development, R-7.5 Residential, A-24 &A-36 Apartment Districts re redevelopment of an existing apartment complex at 2352, 2348& 4701 Windway Lane; 4753 Birdsong Lane; 2324& 2336 Pleasure House Road DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA COLLIER&ASSOCIATES,LP for a Condition Change of Zoning from A-18, A-24 Apartment Districts&R-7.5 and R-10 Residential Districts to Conditional PD-H2 Planned Unit Development, R-7.5 Residential, A-24 & A-36 Apartment Districts re redevelopment of an existing apartment complex at 2352,2348&4701 Windway Lane;4753 Birdsong Lane;2324 & 2336 Pleasure House Road (GPINs 1479498223, 1479592736, 1479590821, 1479499651, 1479592334, 1479582958, 1479498478) DISTRICT 4—BAYSIDE The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19`"day of January Two Thousand Twenty One. Voting: 7-4 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi,Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones, John D. Moss and Vice Mayor James L. Wood Council Members Absent: None January 19, 2021 r----------dy , w , . i-D, _ . o ----Als : t. 'i� i o f r. 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Document Prepared By: Troutman Pepper LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT THIS AGREEMENT is made as of this 12' day of October, 2020, by and between COLLIER & ASSOCIATES, L.P., a Virginia limited partnership, to be indexed as grantor); and the CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the"Grantee",and to be indexed as grantee). WITNESSETH: WHEREAS, the Grantor is the current owner of that certain property located in the City of Virginia Beach, Virginia known as Windsong Apartments located at 2352 Windway Lane together with contiguous parcels whose GPIN Nos. are as follows 1479-59-2736-0000, 1479-59-2334-0000, 1479-59- 0821-0000, 1479-58-2958-0000, 1479-49-8223-0000, 1479-49-9651 and 1479-49-8478 and which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit A; and WHEREAS, Grantor is the current owner and proposed developer of the property more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit B; and WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from A-18, R-7.5, R-10 and A-24 to Conditional R-7.5,A-24,A-36 and PDH-2. WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation. The Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned A-36 are needed to cope with the situation to which the Grantor's' rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing R-7.5, A-24, A-36, and PDH-2 zoning districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new GPM NOS.:1479-59-2736-0000 1479-59-2334-0000 I479-59-0821-0000 1479-58-2958-0000 1479-49-8223-0000 1479-49-9651-0000 1479-49-8478-0000 Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided,however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers(collectively, the "Proffers") shall constitute covenants running with the said Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: 1. The Property, when redeveloped, shall be constructed in substantial conformity with the conceptual site plan prepared by Lorax Design Group, entitled "Windsong Apartments, Concept Site Plan" and dated October 2, 2020 (the"Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The number of multifamily residential units located on the Property, when redeveloped, shall not exceed a total of four hundred eleven(411). 3. The architectural design and quality of materials of the multifamily residential buildings constructed on the Property, when redeveloped, shall be in substantial conformity with the four-page exhibit prepared by J Price Architecture, entitled "Windsong Apartments, Conceptual Elevations" and dated August 29, 2019 and September 17, 2018 (the "Apartment Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 4. The architectural design and quality of materials of the exterior recreational and clubhouse amenities, when redeveloped, shall be in substantial conformity with the exhibits entitled "Windsong Apartments, Pool Concept Sketch Plan" and dated October 3, 2019 (the "Windsong Amenities"), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 5. The landscaping to be installed on the Property when redeveloped shall be substantially as shown on the "Concept Plan" referred to in Proffer No. 1. 2 6. The regulations for the R-7.5, A-24 and A-36 zoning districts shall apply except for the following changes: A-24 Minimum side yard setback — 10 feet except adjacent to Pleasure House Road where setback is 5 feet Maximum height for structures—52 feet Minimum parking spaces required—2.15 per unit Parking spaces shall be shared with A-36 property Maximum lot coverage of 70% A-36 Minimum side and rear yard setback— 10 feet Minimum lot width— 125' Minimum parking spaces required— 1.19 per unit-Parking spaces shall be shared with A- 24 property 7. In addition to meeting the required stormwater requirements for the Property when it is redeveloped, Grantor shall provide an additional 10,000 cubic feet of storage capacity beyond the City's minimum requirements. 8. A lighting plan for the exterior portions of the Property when redeveloped shall be provided as part of the final site plan submittal. All exterior lighting shall be directed down and inward toward the property and away from adjacent properties. 9. Any trash compactors located on the Property when redeveloped shall be screened in accordance with the Virginia Beach Landscaping Guide. 10. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 11. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2)the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator 3 and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. Upon acquisition of the Property by Contract Purchaser, Contract Purchaser shall succeed to all rights and obligations of the"Grantors" under this Agreement, and Owner shall have no further rights or obligations of a"Grantor"under this Agreement. [Remainder of page intentionally left blank. Signature pages to follow.I 4 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR: COLLIER& ASSOCIATES, L.P. a Virginia partnership B V Name: D ht D. Dunton III Title: Manager of the General Partner COMMONWEALTH/STATE OF CITY/COUNTY OF kkc')(9knfadC,_ , to-wit: The foregoing instrument was acknowledged before me this 19 day of Car 2018, by 1)04 'D1 , iJ . , who is personally known to me or has produced din itcG•Ia-c as identification, in his/her capacity as fvlanor of 61-p of Collier& Associates, L.P., on behalf of the company. GitjetA)k- f2e4\11S2ki Notary Public My Commission Expires: Jtil/ 31 ,2021 Registration No. 75 11 to2� [NOTARIAL SEAL/STAMP CAMILLE MARGARETA CHAPMAN NOTARY PUBLIC REG.#7597622 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31,2024 5 Exhibit A Legal Description 35462996 6 File No: 091060932 EXHIBIT "A" PARCEL ONE All that certain tract,piece or parcel of land located in the formerly Bayside Borough now Bayside District,Virginia Beach, Virginia described as follows: BEGINNING at a pin in the Northern line of North Greenwell Road(50'r/w and formerly Lakeview Drive)and the property herein conveyed;said pin being distant 505.83'along a bearing of N 88° 36'01"E from the Northeast corner of the intersection of North Greenwell Road(formerly Lakeside Dr.)and Pleasure House Road; thence from said pin in a northerly direction N 01° 23' 59" W 174.89' to a pin; thence in a Westerly direction S 89° 15' 52"W 34.72'to a pin; thence Northerly N 02° 14'08" W 92.23'to a pin;thence in a Northerly direction N 15°08'30"E 18.44'to a pin; thence Westerly along a bearing of N 74°51'30"W a distance of 234.47'to a pin; thence North 15° 08'30" E 322.06'to a point; thence Westerly along a bearing of N 74° 51'30"W a distance of 139.70'to point in the Eastern line of Pleasure House Road; thence Northerly along the Eastern line of said Pleasure House Road,N 15° 08'30" E 60.00' to a point;thence turning Easterly S 74° 51'30"E 214.50'to a point; thence N 15°08' 30" E 126.00'to a pin;thence turning and running Westerly along a bearing of N 74° 51'30" W a distance of 199.50'to a pin in the Eastern line of Pleasure House Road; thence Northerly along the Eastern line of Pleasure House Road N 15°08' 30" E 300.13'to a pin;thence turning Easterly along a bearing of S 74° 51'30" E 220.50' to a pin;thence Northerly N 15° 08'30"E 112.60'to a pin in the Southern line of Powell's Point Road(50' r/w); thence along the Southern line of Powell's Point Road in an easterly direction S 74° 54'05" E 156.60'to the terminus of said road being its intersection with the Western line of Northampton Boulevard-Route 13 -(Chesapeake Bay Bridge Tunnel District); thence Southeasterly along the Western line of Northampton Boulevard, along a curve to the left,having a radius of 3,919.72'and a length of 624.29'to a highway monument(being the point of tangent); thence continuing along the Western line of Northampton Boulevard S 17° 58'32" E 449.00'to a highway monument; said point being the intersection of the Western line of Northampton Boulevard and the Western line of Center Avenue (undeveloped); thence in a Southerly direction along the Western line of the Center Avenue S 01° 23' 59" E 122.56'to a point in the Northern line of North Greenwell Road(formerly Lakeside Avenue);thence Westerly along the northern line of North Greenwell Road(formerly Lakeside Avenue) S 88° 36'01"W a distance of 506.46' to a pin, the point of beginning; Said parcel contains 13.6951 acres as shown and delineated on that certain plat entitled"PLAT SHOWING A PART OF PROPERTY OF CLYDE L. COLLIER, BAYSIDE BOROUGH, VIRGINIA BEACH,VIRGINIA",which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 117, at page 33, to which plat reference is hereby made for a delineation of the described property. THE ABOVE PROPERTY IS ALSO DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE INTERSECTION OF PLEASURE HOUSE ROAD AND GREEN WELL ROAD, TIIENCE N 88°36'O1" E, 505.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 01°23'59"WEST A DISTANCE OF 267.28 FEET; THENCE SOUTH 89°03'05" WEST A DISTANCE OF 36.05 FEET; THENCE NORTH 15°08'30" EAST A DISTANCE OF 18.39 FEET; THENCE NORTH 74°51'30"WEST A DISTANCE OF 234.47 FEET; THENCE NORTH 15°08'30" EAST A DISTANCE OF 322.06 FEET; Page 2 File No: 091060932 EXHIBIT"A"(Continued) THENCE NORTH 74°51'30"WEST A DISTANCE OF 139.70 FEET; THENCE NORTH 15°08'30" EAST A DISTANCE OF 60.00 FEET; THENCE SOUTH 74°51'30" EAST A DISTANCE OF 214.50 FEET; THENCE NORTH 15°08'30" EAST A DISTANCE OF 126.00 FEET; THENCE NORTH 74°51'30"WEST A DISTANCE OF 199.50 FEET; THENCE NORTH 15°08'30" EAST A DISTANCE OF 300.13 FEET; THENCE SOUTH 74°51'30" EAST A DISTANCE OF 220.50 FEET; THENCE NORTH 15°08'30" EAST A DISTANCE OF 112.60 FEET; THENCE SOUTH 74°54'05" EAST A DISTANCE OF 156.00 FEET; THENCE WITH A CURVE TURNING TO THE LEFT WITH A RADIUS OF 3,919.72', WITH AN ARC LENGTH OF 624.29', WITH A CHORD BEARING OF SOUTH 13°27'41" EAST, WITH A CHORD LENGTH OF 623.63',; THENCE SOUTH 17°58'21" EAST A DISTANCE OF 449.29 FEET; THENCE SOUTH 01°23'59" EAST A DISTANCE OF 122.56 FEET; THENCE SOUTH 88°36'01" WEST A DISTANCE OF 506.46 FEET; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 593,135 S.F./13.617 ACRES PARCEL TWO All that certain lot,piece or parcel of land designated as"Parcel D,Area= 0.226"as shown and delineated on that certain plat entitled, "Plat Showing a Part of Property of Clyde L. Collier, Bayside Borough, Virginia Beach, Virginia,"which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 117,at page 33, to which plat reference is hereby made for a more particular description of the property conveyed hereby. THE ABOVE PROPERTY IS ALSO DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN RIGHT OF WAY OF PLEASURE HOUSE ROAD; THENCE NORTH 15°08'30" EAST A DISTANCE OF 70.50 FEET; THENCE SOUTH 74°51'30" EAST A DISTANCE OF 139.70 FEET; THENCE SOUTH 15°08'30" WEST A DISTANCE OF 70.50 FEET; THENCE NORTH 74°51'30"WEST A DISTANCE OF 139.70 FEET; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 9,849 S.F./0.226 ACRES PARCEL THREE All that certain piece or parcel of land located in Princess Anne County,Virginia,near Beechwood Station of the Norfolk Southern Railroad,described as follows: BEGINNING at a point on the eastern side of Pleasure House Road Five Hundred Ninety Eight and Page 3 File No: 091060932 EXHIBIT"A" (Continued) Six-Tenths (598.6)feet south of the southeast intersection of Lake Point Road and Pleasure House Road as shown on plat of property of Al T. Lewis and Winifred H. Lewis, situate near Chesapeake Beach,and made by P.F. Muller, C.E.,on October 30, 1942,and recorded in the C lerk's Office of the Circuit Court of said County in Map Book 1942, and recorded in the Clerk's Office of the Circuit Court of said County in Map Book 14, at page 18,and extending thence in a southerly direction along the eastern side of Pleasure House Road a distance of seventy and one-half(70.5) feet to a point on the eastern side of Pleasure House Road; thence extending in an easterly direction, perpendicular to Pleasure H ouse Road, a distance of one hundred fifty-nine and one-half(159.5)feet to the point of beginning on the eastern side of Pleasure House Road; save and except an easement over the strip of land twenty(20)feet wide indicated on said plat by the dotted line from Point A to Point B along the eastern line of Pleasure House Road,which strip of land has been dedicated(by deed dated the 21 st day of August, 1944,and recorded in Deed Book 224, Page 225, from Al T. Lewis, et ux,to Gaston G. Bennett) to the public for highway purposes whenever the State of Virginia of the County of Princess Anne may elect to improve the same for highway purposes. THE ABOVE PROPERTY IS ALSO DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN RIGHT OF WAY OF PLEASURE HOUSE ROAD; THENCE NORTH 15°08'30" EAST A DISTANCE OF 70.50 FEET; THENCE SOUTH 74°51'30"EAST A DISTANCE OF 139.50 FEET; THENCE SOUTH 15°08'30"WEST A DISTANCE OF 70.50 FEET; THENCE NORTH 74°51'30" WEST A DISTANCE OF 139.50 FEET; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 9,835 S.F./0.226 ACRES PARCEL FOUR ALL THAT certain piece or parcel of land situated in the City of Virginia Beach,Virginia, (formerly Kempsville Magisterial District of the County of Princess Anne),near Beechwood Station of the Norfolk Southern Railroad, described as follows: BEGINNING at a point in the eastern right-of-way of Pleasure House Road 790.57'north of the intersection of the right-of-way of Pleasure House Road and North Greenwell Road; thence turning and running N 74 degrees 51'30" W a distance of 214.50'to a point; thence turning and running S 15 degrees 8'30" W a distance of 126.00' to a point; thence turning and running N 74 degrees 51' 30" W a distance of 214.50' to a point; thence turning and running along the eastern right-of-way of Pleasure House Road S 15 degrees 8' 30" W a distance of 126.00'to the point of beginning, as shown on a physical survey entitled "PHYSICAL SURVEY OF#2340 PLEASURE HOUSE ROAD FOR KEITH B. DAVIDS",made by John E. Sirine and Associates,Ltd., dated October 14, 1992, a copy of which survey is recorded in Deed Book 3152 at page 1841. THE ABOVE PROPERTY IS ALSO DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN RIGHT OF WAY OF PLEASURE HOUSE ROAD; THENCE NORTH 15°08'30" EAST A DISTANCE OF 126.00 FEET; Page 4 File No: 091060932 EXHIBIT"A" (Continued) THENCE SOUTH 74°51'30"EAST A DISTANCE OF 15.00 FEET; THENCE SOUTH 74°51'30" EAST A DISTANCE OF 199.50 FEET; THENCE SOUTH 15°08'30"WEST A DISTANCE OF 126.00 FEET; THENCE NORTH 74°51'30"WEST A DISTANCE OF 214.50 FEET; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 27,027 S.F./0.620 ACRES Page 5 47 ITEM— VLG.2 PLANNING (ITEM VLF.4 continued from page 32) ITEM#71217 Mayor Dyer advised Ordinance Item VLF.4 and Planning Item VI.G.2 will be discussed simultaneously and voted on separately following the public hearing on the Planning Item. The following registered to speak regarding Planning Item VI.G.2: Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT Thomas Goodrich, 2493 Elon Drive, Phone: 828-713-0045, spoke in OPPOSITION Barry Frankenfield, 1400 North Woodhouse Road, Phone: 472-40524, spoke in SUPPORT Jay Agustin, 2417 Fair Lady Place, Phone: 339-7023, spoke in OPPOSITION Valeria Palmertree, 2404 Fair Lady Place, Phone: 786-553-8148, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Council Member Wilson, City Council ADOPTED Ordinance to DECLARE 2.759+/-acres of land located at 212 Fair Lady Road and the vacant lot at the intersection of Fair Lady Road, Elon Drive and London Bridge Road in EXCESS of the City's needs and AUTHORIZE the City Manager to sell same to Performance Collison Centers, LLC re construct an automotive repair garage 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 January 19, 2021 1 AN ORDINANCE DECLARING THE PROPERTY LOCATED 2 AT 212 FAIR LADY ROAD (GPIN 1497-93-5053) AND THE 3 VACANT LOT AT THE INTERSECTION OF FAIR LADY 4 ROAD, ELON DRIVE AND LONDON BRIDGE ROAD (GPIN 5 1497-92-4465) TO BE IN EXCESS OF THE CITY'S NEEDS 6 AND AUTHORIZING THE CITY MANAGER TO SELL SAME 7 TO PERFORMANCE COLLISION CENTERS, L.L.C. 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of 1) a 2.759+!- 10 acre parcel of land at 212 Fair Lady Road and 2) a 10,369+/- square foot vacant lot at the 11 intersection of Fair Lady Road, Elon Drive, and London Bridge Road, as more particularly 12 described on Exhibit A, attached hereto and made a part hereof (collectively, the 13 "Property"); 14 15 WHEREAS, the City acquired certain portions of the Property as part of the City's 16 APZ-1 Acquisition Plan, and certain portions are residual from the London Bridge Road 17 Project; 18 19 WHEREAS the City instituted zoning changes on December 20, 2005, 20 designating certain uses as incompatible in Accident Potential Zone-1 ("APZ-1"), a region 21 surrounding Naval Air Station Oceana ("N.A.S. Oceana"); 22 23 WHEREAS, the zoning changes shall be referenced as the APZ-1 Ordinance 24 (the "Ordinance"); 25 26 WHEREAS, the City adopted the APZ-1 Master Plan on April 1, 2008, to guide 27 the disposition of acquired properties and other development in APZ-1; 28 29 WHEREAS, pursuant to an unsolicited bid, Performance Collision Centers, L.L.C. 30 (the "Purchaser") seeks to acquire the Property from the City for $855,000 and utilize the 31 Property for an automotive repair garage (the "Proposed Development"), which is 32 consistent with the APZ-1 Ordinance and the APZ-1 Master Plan; 33 34 WHEREAS, the Purchaser contemporaneously applied for a Conditional Change 35 of Zoning and a Conditional Use Permit for the Proposed Development; 36 37 WHEREAS, the Oceana Land Use Conformity Committee reviewed the 38 Proposed Development and recommended selling the Property to the Purchaser for the 39 Proposed Development; 40 41 WHEREAS, pursuant to the grant agreement with the Commonwealth of Virginia, 42 the City will refund one-half of the proceeds attributable to the portion of the Property that 43 was acquired under the APZ-1 Acquisition Plan; and 44 45 WHEREAS, the City Council is of the opinion that the Property is in excess of the 46 needs of the City of Virginia Beach. 47 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 48 VIRGINIA BEACH, VIRGINIA: 49 50 1. That the Property is hereby declared to be in excess of the needs of the 51 City of Virginia Beach and that the City Manager is hereby authorized to execute any 52 documents necessary to convey the Property to Performance Collision Centers L.L.C., 53 in substantial conformity with the Summary of Terms attached hereto as Exhibit B and 54 made a part hereof, and such other terms, conditions or modifications as may be 55 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 56 57 2. That 59.43% of the total revenue from the sale of the Property in the 58 amount of $508,126.50 shall be received and fifty percent (50%) of this amount will be 59 deposited for appropriation in future Capital Improvement Program capital budgets in 60 Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent 61 (50%) will be deposited for future payment by the City Manager to refund the 62 Commonwealth's portion in accordance with the grant agreement. 63 64 3. That the remaining proceeds from this transaction in the amount of 65 $346,873.50 shall be appropriated to Traffic Safety Improvements IV Project (Project 66 #100423). 67 68 This Ordinance shall be effective from the date of its adoption. 69 70 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 t h day 71 of January , 2021. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE- FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA14875 PREPARED: 12/18/20 R-1 1\vbgov.com\dfsl lapplications\citylaw\cycom32\wpdocs\d0301p034\00685159.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT Economic Development udg t & Uanagement Services APPROVED AS TO LEGAL SUFFICIENCY &Z-\C`'( City Attrney V EXHIBIT A (Legal Description) Parcel One (GPIN: 1497-93-5053) ALL THAT certain lot, piece, or parcel of land, with the improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "GPIN 1497-93-5053 PARCEL C 120,180 SQUARE FEET OR 2.759 ACRES" on that certain subdivision plat entitled "RESUBDIVISION OF PROPERTIES OF CITY OF VIRGINIA BEACH LOCATED ON LONDON BRIDGE ROAD VIRGINIA BEACH, VIRGINIA," Scale: 1"=50', dated October 27, 2009, prepared by Land Mark Design Group, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20091209001403470, to which reference is made for a more particular description. RESERVING TO THE CITY the 20' Virginia Power Easement (DB 4325 PG 628) as shown on the aforesaid plat. RESERVING TO THE CITY the 1' No-Ingress/Egress Easement established on the aforesaid plat. RESERVING TO THE CITY a 20' public drainage easement centered over a 12" drainage pipe running from the eastern right-of-way line of Fair Lady Road to the western right-of- way line of London Bridge Road, which said pipe is approximately 353' south of southern right-of-way line of Potters Road and more particularly described; Beginning from a VDOT monument as shown on said referenced plat at the northwestern intersection of London Bridge Road and Potters Road and having a coordinate value of N 3,473,252.03, E 12,199,706.35, said point being the point of beginning; thence from said VDOT monument running along the northwestern right-of-way line of said London Bridge Road S 15°16'23 W, a distance of 198.74' to a concreted iron pin; thence S 14°08'03" W, a distance of 130.25' to a concreted iron pin; thence S 14°19'54" W, an approximate distance of 24.00' to the centerline of said 12" drainage pipe along London Bridge Road; From point of beginning along the southern right-of-way line of Potters Road N 31°19'58" W, a distance of 55.23' to a VDOT monument; thence N 77°56'23" W, a distance of 190.50' to a VDOT monument; thence S 52°47'24" W, a distance of 37.89' to a VDOT monument; thence S 02°42'09" W, an approximate distance of 374' to the centerline of a 12" drainage pipe along Fair Lady Road. RESERVING TO THE CITY all adjacent rights-of-way that have not been closed or otherwise extinguished and all public easements or any other rights that benefit the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from Loye Spencer and Kenneth A. Spencer, Co-Trustees of the Mertice Stern Trust dated May 22, 2007 and Mertice M. Stern dated March 13, 2008 and recorded in the aforesaid Clerk's Office as Instrument Number 20080326000339530. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from RPA London Bridge/Potters Road, LLC dated October 17, 2007 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20071024001441640. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from Tommy L. McMillian and Marie A. McMillan dated December 19, 1995 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 3570, at page 871 . IT BEING a portion of the same property conveyed to the City of Virginia Beach from London Bridge Mobile Homes by Certificate dated November 27, 2001 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4575, at page 673, an Order granting indefeasible title to the City of Virginia Beach was recorded as Instrument Number 20020610022133460. Parcel Two (GPIN: 1497-92-4465) ALL THAT certain lot, piece, or parcel of land, with the improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "GPIN 1497-92-4465 PARCEL D 10,369 SQUARE FEET OR 0.238 ACRES" on that certain subdivision plat entitled "RESUBDIVISION OF PROPERTIES OF CITY OF VIRGINIA BEACH LOCATED ON LONDON BRIDGE ROAD VIRGINIA BEACH, VIRGINIA," Scale: 1"=50', dated October 27, 2009, prepared by LandMark Design Group, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20091209001403470, to which reference is made for a more particular description. RESERVING TO THE CITY the 1' No-Ingress/Egress Easement established on the aforesaid plat. RESERVING TO THE CITY a 20' public drainage easement centered over a 15" drainage pipe crossing the southwest corner of Parcel D from the eastern right-of-way line of Fair Lady Road to the northern right-of-way line of Elon Drive and more particularly described; Beginning at concreted iron pin at the northeast intersection of Fair Lady Drive and Terrell Avenue as shown on said referenced plat, said point being the point of beginning; thence from said concreted iron pin running along the eastern right-of-way line of Fair Lady Road S 03°11'30" W, a distance of approximately 159.00' to the centerline of said 15" drainage pipe; thence from said centerline of 15" drainage pipe S 03°11'30" W, a distance of 23.37' to a VDOT monument; thence from said VDOT monument running along the southern right- of-way line of Elon Drive S 61°17'08" E, a distance of 5.66' to a concreted iron pin; thence N 82°37'15" E, a distance of approximately 12' to the centerline of said 15" drainage pipe along Elon Drive. RESERVING TO THE CITY all adjacent rights-of-way that have not been closed or otherwise extinguished and all public easements or any other rights that benefit the public. IT BEING a portion of the same property conveyed to the Grantor by Certificate dated December 26, 2000 from Bertha Lee Bartel, recorded in the aforesaid Clerk's Office in Deed Book 4348, at page 1 , and by Order Vesting Title and Disbursing Funds dated May 7, 2007, and recorded as Instrument Number 20070508000629320. EXHIBIT B SUMMARY OF TERMS SALE OF 2.997±-ACRES LOCATED AT 212 FAIR LADY ROAD AND VICINITY SELLER: City of Virginia Beach PURCHASER: Performance Collision Centers, L.L.C. PROPERTY: 212 Fair Lady Road (GPIN: 1497-93-5053)and vacant lot at the intersection of Elon Drive, London Bridge Road, and Fair Lady Road (GPIN: 1497-92-4465), as more particularly described on the attached Exhibit A to the Ordinance. SALE PRICE: $855,000 INTENDED USE: An automotive repair garage CONDITIONS OF SALE • The Property shall be sold subject to a Deed Restriction that prohibits dwelling units on the Property, in perpetuity. • The Purchaser shall apply for and be granted by City Council a Conditional Change of Zoning from R-5D Residential District and A-12 Apartment District to Conditional I-1 Light Industrial District and a Conditional Use Permit to operate an automotive repair garage as a condition of closing. • The Purchaser shall submit a site plan for review and approval by the Planning Department prior to settlement. • The City retains a right to repurchase the property, less the deposit, if Purchaser does not construct within 24 months of settlement and a right of first refusal of the Property prior to any sale within the same period. • The Purchaser will conform to restrictive covenants, proffers, and/or design criteria regarding use, construction, materials, signage, parking, and landscaping. • The Purchaser shall be solely responsible for installation of road and infrastructure improvements to include curb and gutter, sidewalks, stormwater, or any other constructions costs, including permitting and engineering. • Approval of this sale shall be revoked if closing has not occurred on or before January 31, 2022, unless extended by City Council prior to such date. 48 ITEM— VI.G.2 PLANNING ITEM#71217 (Continued) Upon motion by Council Member Tower, seconded by Council Member Moss, City Council APPROVED, AS PROFFERED, AS CONDITIONED, AS AMENDED, Application of PERFORMANCE COLLISION CENTERS, LLC, & THE CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from R-5D Residential District & A-12 Apartment District to Conditional I-1 Light Industrial District and a Conditional Use Permit re automotive repair garage at 212 Fair Lady Road DISTRICT 6— BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERFORMANCE COLLISION CENTERS, LLC, & THE CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from R-5D Residential District & A-12 Apartment District to Conditional I-1 Light Industrial District and a Conditional Use Permit re automotive repair garage at 212 Fair Lady Road (GPIN 1497935053) DISTRICT 6 — BEACH The following conditions shall be required: CONDITIONAL CHANGE OF ZONING An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. CONDITIONAL USE PERMIT 1. The applicant shall obtain all necessary permits for the installation of a paint booth for the proposed use. If the required permits for the paint booth are not obtained, the painting of vehicles shall be prohibited on the site. 2. Vehicles under repair must be stored/kept inside of the building at all times while under repair. 3. The garage bay doors shall remain closed during the hours of operation, except for the ingress and egress of vehicles. 4. Hours of operation shall be limited to 7:30 a.m. until 6:00 p.m.,Monday through Saturday. 5. The towing of vehicles to the site shall be limited to no earlier than g 7:00 a.m. and no later than 8:00 p.m. 6. There shall be no outside storage of equipment,parts, tires, or materials. 7. No motor vehicle repair work shall take place outside of the building. January 19, 2021 49 ITEM— VLG.2 PLANNING ITEM 71217 (Continued) 8. No motor vehicles shall be parked within any portion of the public right-of-way. 9. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 10. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted,pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 11. There shall be no portable or nonstructural signs or electronic display signs on the site. 12. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19`h day of January Two Thousand Twenty One. 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 January 19, 2021 \--- '',--. ,_-11i u u v R1 o B2 B2 2 R1,0 �; .._,__,-; :( \----------'--'---' -"--i-tm\ -tern Road Potte s - Rip© RL1r0 ar► o pot _ Roa �, r* ,� %1 " P V \ [� offers Rp- .m : / 0 �" . TLIII !::51 i cD 1------- _,, _ ‘, D ,F tno,s- II 1A's,, 0 117:Iii,3::?1, 499 \ O\ - � \ CO ___,R5D ! R-5.D &iA-12 �� R5D�\ a // 0 \ 8 n ___,- --- 1 �D1./ \cn__ l, R5 _ -I , Street A�,1r2 iAL —R &!' ' 3° _ [\ �� 0 's �, \ , \\ 0 R.5 D r Casey, Court __ R5D ii R5D - L.,,_ _ __:_,- 1 0 \ \ 1 - 1 / ! ' oo o� R5 i / III 2. ,. Norm �. .. 1" N rA Site Performance Collision Centers, LLC w -,F Property_Polygons 212 Fair Lady Road s Zoning P Parking Lot Drive Aisle Feet Building 0 40 80 160 240 320 400 480 PERFORMANCE COLLISION CENTERS, L.L.C., a Virginia limited liability company THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 30th day of July, 2020, by and between PERFORMANCE COLLISION CENTERS, L.L.C., a Virginia limited liability company, Grantor, party of the first part; THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach,Virginia, containing approximately 2.759 acres which is described in Exhibit"A" attached hereto and incorporated herein by this reference. This parcel as described in Exhibit"A" is hereinafter referred to as the "Property"; and WHEREAS, the party of the first part has contracted to acquire the Property from the party of the second part; and WHEREAS, the party of the first part as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-5D Residential District to Conditional 1-1 Light Industrial District; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1497-93-5053-0000 PREPARED BY: S'R SYIC£S.POURDON, AEI_ AHERN&LEVY.P.C. Prepared by: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property,the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed, fenced and landscaped substantially as shown on the two (2) page exhibit entitled "EXHIBIT FOR PERFORMANCE COLLISION CENTER CONDITIONAL REZONING AND CONDITIONAL USE APPLICATION 212 FAIR LADY ROAD VIRGINIA BEACH, VA", dated 7-30-2020, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning PREPARED BY. (hereinafter"Site Plan"). (1,13 SYIC£S,BOURDON. 2. The exterior of the building depicted on the Site Plan shall be substantially A I AIWRN&LEVY.P.C. similar in appearance to the elevations shown on the Exhibits labeled, "PERFORMANCE COLLISION AT POTTERS AND LONDON BRIDGE ROADS - CONCEPTUAL RENDERINGS", 2 "View 1", "View 2", "View 3" and "View 4", dated July 29, 2020, prepared by Finley Design Architecture+ Interiors,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Renderings"). 3. The exterior building materials on the Performance Collision facility shall be as depicted and described on the Renderings of View 1 and View 2. 4. The freestanding monument sign designated on the Site Plan shall be internally illuminated using the base material and colors, substantially as depicted on the "Monument Sign Exhibit- Performance Collision at Potters and London Bridge Roads",dated 7/29/2020, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Sign Exhibit"). 5. The enclosure for the dumpster as designated on the Site Plan shall utilize the material and colors substantially as depicted on the "Dumpster Enclosure Exhibit Performance Collision at Potters and London Bridge Roads", dated 7/29/2020, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Dumpster Exhibit"). 6. All vehicular repairs shall be performed inside of the building and all vehicles under repair shall remain inside the building while under repair. 7. No materials, supplies, equipment, trash or refuse shall be stored on the Property, except inside a building. 8. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 9. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to I-1 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. PREPARED BY. The above conditions,having been proffered by the Grantor and allowed and accepted SYKES.POURDON. by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force i.AIIERN&LEVY.P.C. and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to 3 the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing,that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the PREPARED BY: StB SYI[I:S,BOURDON, Grantor and the Grantee. A`L AII£RN&LEVY,P.C. 4 WITNESS the following signature and seal: Grantor: Performance Collision Centers, L.L.C., a Virginia limited liability company ,O BY: /GillSEAL� (SEAL) Michael D. Sifen, Pre'ent STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: The foregoing instrument was acknowledged before me this 31st day of July, 2020,by Michael D. Sifen, President of Performance Collision Centers, L.LC., a Virginia limited liability company, 9i-Y41:— ig rrn Veliaa Notary Public sitth,,, �T 44, 4, My Commission Expires: August 31, 202014.0A CO '• y Notary Registration Number:192628If % oy .5'; N ' O ' CP �y •�, lkic a�- %� PREPARED BY: .."""SYKES,I OURDON, AIPRN&LEVY,P.C. 5 WITNESS the following signature and seal: Grantor: The City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia By: �/< (SEAL) City Manager/Authori Designee ATTE : City Cle COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: I, p;& e rol w ,a Notary Public in and for the City and State aforesaid,do hereby certify that V-onwictN. iM hhl9 c,1r;as City Manager/Authorized Designee for the City of Virginia Beach, whose name is signed to the foregoing instrument, has acknowledged the same before me in my City and State aforesaid. Commonwealth of Virginia Paige T.McGraw-Notary Public /// // tryJbli My Commission Expires q/30 J22 Notary Registration Number: 1 `Zl1 PREPARED BY: S6 SYKES,BOURDON, Al AIIERN&LEVY,P.C. 6 EXHIBIT "A" All that certain tract, piece or parcel of land with the improvements thereon and appurtenances thereunto belonging, lying, situate and being in Beach District in the City of Virginia Beach, Virginia, and being designated and shown as "PARCEL C" containing 2.759 acres on a plat entitled, "RESUBDIVISION OF PROPERTIES OF CITY OF VIRGINIA BEACH LOCATED ON LONDON BRIDGE ROAD VIRGINIA BEACH, VIRGINIA", which plat is dated October 27, 2009, made by Landmark Design Group, and duly of record in the Clerk's Office of. the Circuit Court in the City of Virginia Beach, Virginia, as Instrument Number 20091209001403470. GPIN: 1497-93-5053-0000 H:\AM\Conditional Rezoning\Performance Collision Centers\212 Fair Lady Road\Proffer Agreement.docx PREPARED BY: SYKES.BOURDON. AlIPRN&LEVY.P.C. 7 50 ITEM— VLG.3 PLANNING ITEM#71218 The following registered to speak: Kim Barker, Applicant, 3625 East Stratford Road, Phone: 919-450-7288, spoke in SUPPORT Paul Franklin, 3625 East Stratford Road, Phone: 919-264-3672, spoke in SUPPORT Megan Smith, did not respond Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council APPROVED, AS CONDITIONED,Application of KIMDEROCHEBLAVE BARKER for a Conditional Use Permit re short term rental at 3625 East Stratford Road DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA KIM DEROCHEBLAVE BARKER for a Conditional Use Permit re short term rental at 3625 East Stratford Road (GPIN 14895834936550) DISTRICT 4—BAYSIDE The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 3625 East Stratford Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance(CZO) or as approved by City Council. 3. The garage space within the unit must remain a minimum of nine (9)feet by eighteen (18) feet, contain a minimum eight (8)foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. January 19, 2021 51 ITEM— VI.G.3 PLANNING ITEM#71218 (Continued) 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form;and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least $1- Million. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10::OOp.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. January 19, 2021 52 ITEM— VLG.3 PLANNING ITEM#71218 (Continued) This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19th day of January Two Thousand Twenty One. Voting: 9-2 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R.Jones,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley John D. Moss Council Members Absent: None January 19, 2021 m c __=_-, ` ' II] 1 , 3 in 0 1.61 O LNi'� p . al �� s-.i -.N.. ,,._I i , ill 'I .. „ . -„,,,,,,,,.,„,.� ,,macV ' in IIIIIIIIIII '' ' .,,,,,,,.„ 09A ' 1 ...,.,.._ .,.. . ... i ., .,:-,:,„:7,,,?„--,,,,,,,,„,,, # ,44v, „.. tv_f--: ', . ,-. ,11-, t, 1:3 L. CCS ) '' lik, • \ CO CC as p ialireto'. ',. .,.:_i--- --;-:,:;7:,:-,-,- \ 1:1 ' 0 +r 10 Ww a) 4T /1c\ -0 N ,_ ,"--- „NN____. '\'''' \ LO .. , sooitbock4\ , ' , 0./4.7*, *_, # •ce e/ 4\ Is% y D ; N . .. �¢'� O 0 a� o Y 53 ITEM— VL G.4 PLANNING ITEM#71219 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of RED LION PROPERTIES,LLC,for a Conditional Use Permit re short term rental at 401 21s`Street, Unit 5 DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA RED LION PROPERTIES,LLC, for a Conditional Use Permit re short term rental at 40121st Street, Unit 5(GPIN 24270854826410)DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 40121'Street, Unit 5, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit(s) through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. January 19, 2021 54 ITEM— VLG.4 PLANNING ITEM#71219 (Continued) a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least $1- Million. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. January 19, 2021 55 ITEM— VLG.4 PLANNING ITEM#71219 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19`h day of January Two Thousand Twenty One. Voting: 9-2 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R.Jones,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley John D. Moss Council Members Absent: None January 19, 2021 tl �� , � `,1 , �1� z '/�' CN ..... 0 iiiirlill 3 I o N LOIS I - i..--, )\ Ca 04 I : oo n � C� t ,1 co ........i \\\ e4 \ 1 IMI. .1\St \\::\ \\ , _ 0 �.1 �/� A , men _1 `() Ct �1' := J/ - 0 Clue = _� 1 p E A/ 4 o � 0, e3 ....\ ii\ 11 ,, , _ , CL CI) r, ii % ,==1 16 ,\ 0 . , w c-3 _____ \ , 0 3- lik 460) \\\, — x— i \‘‘ C3 ----- 0 ‘ C31°S. I.. 0 IX 0 r 01 t , ` N p _ '`cn �� N ��1l`, 4 , ---- ' c4 0 cz,n \ \ - \ '- ‘1111 1, g \ c\-----,---4: ,. - -It' 1,-- --.-cD ilk, _ ,, -- \ - (,) ..:, I 0 \ N a' --' ' _ , ___, \- . , \ . 0) >, 0 . .. I __\ ( Q Y ; (, ,\, ‘ O '- iiiiiiiiii i in tle a) 56 ITEM— VI.G.5 PLANNING ITEM#71220 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of SCOTT& JEANNIE WILLIAMS for a Conditional Use Permit re short term rental at 223 64`h Street DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SCOTT&JEANNIE WILLIAMS for a Conditional Use Permit re short term rental at 223 64`h Street (GPIN 2419638013) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 223 64`h Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. January 19, 2021 57 ITEM— VLG.5 PLANNING ITEM#71220 (Continued) a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form;and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least $1- Million. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. January 19, 2021 58 ITEM— VLG.5 PLANNING ITEM#71220 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19th day of January Two Thousand Twenty One. Voting: 9-2 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R.Jones,Aaron R. Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley John D. Moss Council Members Absent: None January 19, 2021 10.11 __\ ii• 1 (i , ili R5R(NE) l ' , ii R=5R(NE) 0 ------- P1 till- 640 Street R5R(NE) ilk , -\ `1 - N /// Site Scott & Jeannie Williams WAbL 10 Property_Polygons 223 64th Street s s Zoning Parking Lot Drive Aisle - mom= N Feet Building 0 10 20 40 60 80 100 120 59 ITEM— VI.G.6 PLANNING ITEM#71221 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of 4500 OCEANFRONT, LLC,for a Conditional Use Permit re short term rental at 4500 Ocean Front Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 4500 OCEANFRONT,LLC,for a Conditional Use Permit re short term rental at 4500 Ocean Front Avenue (GPIN 2418975240)DISTRICT 6— BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 4500 Ocean Front Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. January 19, 2021 60 ITEM— VI.G.6 PLANNING ITEM#71221 (Continued) a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least $1- Million. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. 17. The property shall not be listed or marketed for Short Term Rentals. January 19, 2021 61 ITEM— VLG.6 PLANNING ITEM#71221 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19th day of January Two Thousand Twenty One. Voting: 9-2 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R.Jones,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley John D. Moss Council Members Absent: None January 19, 2021 ' �-%/ - \ • R7.5 w/ R7:5 p, \, %\ 1 ..ri 0 1 ' ) o 11:///r 7:5 ,,,, ,:,,,, e4i' ,21 45th Street co ,,,,,,,: ___\ __________\-----j----- - R7_.5 0 R7.5 N /// Site 4500 Oceanfront, LLC w y Property_Polygons 4500 Ocean Front Avenue Zoning Parking Lot Drive Aisle - m Feet Building 0 10 20 40 60 80 100 120 62 ITEM— VL G.7 PLANNING ITEM#71222 The following registered to speak: Walter Burnette, Applicant, 926 Maryland Avenue, Phone: 804-350-1647, spoke in SUPPORT William Wright, 904 Maryland Avenue, Phone: 589-2710, spoke in OPPOSITION Council Member Tower made a motion, seconded by Council Member Rouse, to APPROVE Application of WALTER LEE BURNETTE for a Conditional Use Permit re short term rental at 926 Maryland Avenue DISTRICT 6—BEACH Voting: 2-9 MOTION FAILED DUE TO A NEGATIVE VOTE Council Members Voting Aye: Guy K. Tower Sabrina D. Wooten Council Members Voting Nay: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: None January 19, 2021 63 ITEM— VLG.8 PLANNING ITEM#71223 The following registered to speak: Kelly Trebour, Applicant, 14400 Michaux Springs Drive, Midlothian, VA, Phone: 804-405-9718, spoke in SUPPORT William Wright, 904 Maryland Avenue, Phone: 589-2710, spoke in OPPOSITION Council Member Tower made a motion, seconded by Council Member Wooten, to APPROVE Application of JAMES & KELLY TREBOUR for a Conditional Use Permit re short term rental at 939 Maryland Avenue DISTRICT 6—BEACH Voting: 2-9 MOTION FAILED DUE TO A NEGATIVE VOTE Council Members Voting Aye: Guy K. Tower Sabrina D. Wooten Council Members Voting Nay: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: None January 19, 2021 64 ITEM— VLG.9 PLANNING ITEM#71224 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of WRIGHT TURN,LLC,for a Conditional Use Permit re short term rental at 938 Delaware Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA WRIGHT TURN,LLC,for a Conditional Use Permit re short term rental at 938 Delaware Avenue (GPIN 24 1 78340050000) DISTRICT 6 — BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 938 Delaware Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. January 19, 2021 65 ITEM— VI.G.9 PLANNING ITEM#71224 (Continued) a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form;and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least $1- Million. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. January 19, 2021 66 ITEM— VLG.9 PLANNING ITEM#71224 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19`h day of January Two Thousand Twenty One. Voting: 9-2 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R.Jones,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley John D. Moss Council Members Absent: None January 19, 2021 „, ,,,,,,,„!,,if, i Illannii ---------im ---_______:___ 1 ...6.1 \. . PII%74111 A18 i Delaware A/i I �I: *L” ' A i% A18 '' '') 0 00 _-o N %// Site Wright Turn, LLC W 4 i Property_Polygons 938 Delaware Avenue Zoning Parking Lot Drive Aisle - Feet Building 0 1020 40 60 80 100 120 67 NEW BUSINESS ITEM#71225 Council Member Tower advised Delegate Guy has requested advice concerning amendments to the bill to create the Tourism Authority. The bill was passed by the Committee but before it goes to the house floor for a vote, there were some technical objections as well as a suggestion to define the board of directors of the Authority and create a diversified board that includes certain Council Members, business owners, and members chosen by City Manager. Council Member Tower advised he has no objection but does not feel it is feasible or fair to approve the changes without the body having time to review them. Council Member Tower suggested City Council support the fact that the Tourism Authority would not have any taxing or condemnation authority. Council Member Tower advised there was a question about the Tourism Authority collecting fees, advising the only fees he is aware of are voluntary membership fees for stakeholders to be members of a sub-organization. Council Member Tower asked for guidance on how to go forward. Mayor Dyer advised he has not seen the proposed bill and would like to read it in its entirety first. Council Member Moss advised he agrees with the Mayor and does not feel this is the hour to make a decision. Council Member Tower advised if City Council will need to formally vote on the changes, there will not be enough time before it will go to the floor for a vote. Debra Bryan, Interim Assistant to the City Manager for Legislative and Military Affairs, advised she has spoken to Delegate Guy who advised she has requested the bill be passed by yesterday, today and can request that it be passed by again tomorrow but within the next day or two (2), the bill will go to a vote. Ms. Bryan relayed the options Delegate Guy provided; the bill can be withdrawn, request it is passed-by or let it go for a vote. Ms.Bryan asked what City Council prefers with the understanding the bill will likely fail with the current wording. After City Council discussion, Mayor Dyer advised the consensus of the body is to request Delegate Guy withdraw the bill. January 19, 2021 68 ADJOURNMENT ITEM#71226 Mayor Robert M. Dyer DECLARED the City Council SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS ADJOURNED at 10:44 P.M Terri . e ius Chief Deputy City Clerk Amanda Barnes, MMC Robert M. Dyer City Clerk Mayor January 19, 2021