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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 18, 2021
Vice Mayor Wood called to order the CITY COUNCIL MEETING in the Virginia Beach Convention
Center, Suite 5, on Tuesday, May 18, 2021, at 2:30 P.M
Council Members Present:
Michael F.Berlucchi,Barbara M.Henley,Aaron R.Rouse, Guy K. Tower,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Jessica P. Abbott—Arrived at 2:50 P.M
Mayor Robert M. Dyer—Arrived at 2:47 P.M
Louis R.Jones—Arrived at 2:33 P.M
John D. Moss- Out of town
Rosemary Wilson - Out of town
2
CITY MANAGER'S BRIEFINGS
INTERIM FINANCIAL UPDATE
ITEM#71599
2:30 P.M.
Vice Mayor Wood welcomed Latitia Shelton,Director of Finance. Ms. Shelton expressed her appreciation
to City Council for their continued support:
bli.a*Wit
FY2o21 Interim Financial Statements ``
Finance
through April 30, 2021
May 18,2021
Here are the FY 2021 General Fund Revenues and Expenditures as of April 30th:
FY 2021 General Fund Revenues and Expenditures
April 30, 2021
($ in millions)
! S YTD Variance
Revenues
Local $ 1,002.9 $ 606.2 $ (396.7)
State 162.2 90.1 (72.1)
Federal 23.0 17.8 (5.2)
Total Revenues $1,188.1 $ 714.1 $ (474.0)
60.1%
Expenditures and Encumbrances:
City Operations $ 773.2 $ 623.8 $ 149.4
City Capital Projects-Cash Funding 52.5 52.3 0.2
Trsf to Schools 459.5 382.0 77.5
Trsf to Schools-Capital Projects 27.2 20.3 6.9
Total Expenditures $1,312.4 $1,078.4 $ 234.0
82.2%
Amounts appropriated from Fund Balance $ (124.3)
(encumbrances,approved carryforwards and others)
May 18, 2021
3
CITY MANAGER'S BRIEFINGS
INTERIM FINANCIAL UPDATE
ITEM#71599
(Continued)
Here is the FY 2021 General Fund Summary as of April 30`h:
FY2021 General Fund Summary
April 30, 2021
/r
ACTUAL REVENUES STD=$714.1 M/$1,188.1 M 93.4% /
87.4% /
ACTUAL EXPENDITURESYTD=S1,078.4 M/S1,312.4 M Jt/
00% »'..// 82.2%
72.0%
l/ 72.0%
/r M 66.5% 00.1%
60%
48.2% // 49.4 55.4%
J 50.9%455%
43.0%
3f.6% / 43.2% 45.2% 49.1%
40%
42.1%
23.8%
10% =0.
12.0%i 31.8%
15.3% 58%
AO% 11.8%
LS% 11.7%
046
bl Aug Sep Ott Nov Der Dm Feb Mr Apr May iff
--%of FY2021Ezp Budget •FYp Trend -.-%of FY 2021 Rao Budget --Rev Tread 1
Here are the FY 2021 General Fund-Local Revenues as of April 3Ot:
FY 2021 General Fund - Local Revenues
April 30, 2021
($ in millions)
FY 2021 FY 2020
Budget YTD °ln Budget 111 ?la
Local Revenues:
Real Estate Taxes $ 581.0 $ 311.4 53.6% $ 558.7 $ 295.6 52.9%
Personal Property Tax 104.7 25.6 24.5% 110.1 25.0 22.7%
Other Local Taxes* 229.6 208.8 90.9% 251.0 201.2 80.2%
Charges for Services 47.0 30.7 65.4% 44.7 32.8 73.3%
Use of Money and Property 7.3 3.0 41.1% 9.7 5.2 54.1%
Fines and Forfeitures 4.3 2.5 58.7% 4.4 3.0 69.0%
Other Local Revenue 6.2 4.3 69.8% 5.5 4.6 84.3%
Transfers 22.8 19.8 86.8% 31.5 9.8 31.0%
Total Local Revenue $ 1,002.9 $ 606.2 60.4% $ 1,015.6 $ 577.2 56.8%
*Some examples of other local taxes are:Sales,Meal,Hotel,Utility and Telecommunications Taxes
May 18, 2021
4
CITY MANAGER'S BRIEFINGS
INTERIM FINANCIAL UPDATE
ITEM#71599
(Continued)
Here are the FY 2021 General Fund-Other Local Taxes as of April 30t:
FY 2021 General Fund - Other Local Taxes
April 30, 2021
($ in millions)
FY 2021 FY 2020
Budget ILI °la Budget XTL °ln
Other Local Taxes:
Sales Tax $ 63.2 $ 57.6 91.3% $ 66.7 $ 51.9 77.8%
Utility Tax 25.4 19.4 76.5% 26.2 17.7 67.6%
Telecommunications 20.3 14.9 73.2% 23.4 16.2 69.2%
Business License 46.3 51.9 112.0% 51.9 51.1 98.5%
Automobile License 11.6 8.1 70.4% 11.7 7.6 65.0%
Hotel 5.8 6.1 105.4% 7.8 6.4 81.5%
Meal 37.0 32.6 88.1% 41.0 35.4 86.4%
Cigarette 9.0 7.2 80.1% 10.4 7.8 74.8%
Misc.Local Taxes 11.0 10.8 98.5% 11.9 7.1 59.8%
Total Other Local Taxes $ 229.6 $ 208.8 90.9% $ 251.0 $ 201.2 80.2%
Here are the Trustee Taxes May through April 2021 v 2020:
Trustee Taxes May through April
2021 vs 2020
l202 Oi 4Jr8 S S0 Nor Dec SO fen 6 7Br Subtotal
F461ek
2019/2020 $ 2516218$ 3,585865$ 5,276,334$ 6,693,567 $ 6,331151 $ 3,766,607 $ 1,722,902 $ 1,186402 $ 999.940 $ 826,538 $ 392.622 5 685,284 $39,978,331
2020/2021 485,934 1,823,285 4,100,503 4,821551 5,978441 3,461,470 1958,617 1,254,756 90,247 257,830 1,687,319 1,814,0880 29,580,490
Dffference 14!1 1 (2043,284) (1,762180) 11,175,831) (1,861,016) (357,710) )302137) (168,285) 68,354 (12,693) (564708) 1,294,697 9128,796 (11,526,637)
dl% -49% -22% -2811 E% 4% -1% -69% 330% 165% -29%
Mluna 1. 8 r3P Oct „ov_ Dec A._ Fit _ SO Subtotal
Moak
2019/2020 6,919,767 6,917,362 6,383.237 ,417,6913 6432,762 5490377 5,623,219 5,010,996 3,491,927 4,297,223 78,892,080
2020/2021 2832941 95408. 849932 6,014,374 6497,066 5,896,100 5,023,292 6275,514 5,221883 1314,453 8,682,901 6,646,103 63,189,099
Difference.040.l 12.957,640) (4,,774,2361 16075,775) I...) (296,171) (521,599) (409,4701 1214,8631 (4003361 (3,696,543) 5, 2348390 (18,051860)
-51% .76% 49% 43% -5% 4% d% i% .7% -74% 149% 55% -33%
Ala.*
2019/2020 606,030 748364 1,454,865 1,366,934 982999 371,862 676,718 439361 490,270 353594 211,017 236083 8,651,910
2020/2021 52452 69,424 210,284 467,693 315.228 337.723 265,191 202,775 201,580 48580 228,226 249125 3,044,049
Difference 4618/..1 (553579) (678,9399) )1,248,5811 (899,241) (667,771) (34,139) (411,527) (236,586) (288,690) )305,014) 17,209 7,042 (5,631113)
.91% -91% .86% -65% 38% A% 61% '58% .59% -86% 8% 3% .65%
2019/2020 9506,848 5,459852 6006802 6,018,683 7471,999 6,374,487 5,770,418 5532,769 6349,238 5972394 4,903,980 4,419,250 78,679,637
2020/2021 5,360,274 4,906,028 5,715,400 6,704,309 7085,459 6,705,539 6,412,882 6,153,285 5,919,383 7,743,877 5581569 5,351,081 81997381
Difference 8.l443 5 (146,5741$ (553,624)$ (291,000)$ 686,226 $ (386,5401$ 331,062 $ ,464 $ 620,516 $ (429,855)$ 1,771,483 $ 677,589 $ 932,831 $ 2.707324
3% .10% 5% 11% 5% 5% 1. 11% 7% 30% 14% 21% 3%
Note:February Meal Taxes of$4.4M and Hotel Taxes of$.7M posted in March.
May 18, 2021
5
CITY MANAGER'S BRIEFINGS
INTERIM FINANCIAL UPDATE
ITEM#71599
(Continued)
Here are the Hotel Taxes Mar through April 2021 v 2020:
Hotel Taxes Mar through April
2021 vs 2020
$8,cuo,000
57,000,000
$6,000,000
55,000,000
54,000,000
$3,000,000
$2,000,000
51,000,000
5-
Mar Apr May June July Aug Sep Oct Nov Dec Jan Feb Mar Apr
2019/2020 2020/2021 44 2020/2021-Constant 5
Here are the Meal Taxes Mar through April 2021 v 2020:
Meal Taxes Mar through April
2021 vs 2020
S8,$00,000
57,500,000
$6,500,000
5 S,500,000
$4,500,000
$3,500,000
$2,500,000
51,500,000
S500,000
Mar Apr May June July Aug Sep Oct Nov Dec Jan Feb Mar Apr
2019/2020 2020/2021 — —2020/2021-Constant$
May 18, 2021
6
CITY MANAGER'S BRIEFINGS
INTERIM FINANCIAL UPDATE
ITEM#71599
(Continued)
Here are the FY 2021 General Fund-Expenditures as of April 30`h:
FY 2021 General Fund - Expenditures
April 30, 2021
($ in millions)
FY 2021 FY 2020
Budget Yl'.Q Budget }gyp
Expenses and Encumbrances
Salaries' $ 293.8 $ 242.6 82.6% $ 312.5 $ 241.4 77.2%
Fringe Benefits 114.7 90.7 79.1% 110.1 84.8 77.0%
Other Operating Expenses 2 233.3 192.7 82.6% 193.0 152.8 79.2%
Leases 10.0 9.0 89.5% 8.5 5.0 58.8%
Capital Outlay 10.0 7.7 77.4% 9.9 8.1 81.8%
Transfers 578.6 487.2 84.2% 564.3 482.4 85.5%
Debt Service 57.7 48.5 84.1% 54.4 48.6 89.3%
Reserve for Contingencies'
14.4 - 0.0% 13.7 - 0.0%
Total Expenditures $ 1,312.4 $ 1,078.4 82.2% $ 1,266.4 $ 1,023.1 80.8%
FY2021 includes Hazard,Emergency Responders and Appreciation Pay-$6.0M
`FY2021 include$28.8M payment to United Way
3 FY2021 Contingencies includes a City Manager's Reserve of$10.4M from CARES Funds
Here is an update on the American Rescue Plan Act:
American Rescue Plan Act
• Coronavirus State Recovery Fund (County amount)-$87.4 M
• Coronavirus Local Recovery Fund (City amount)-$49 M
• Total allocations for City of Virginia Beach -$136.4 M
May 18, 2021
7
CITY MANAGER'S BRIEFINGS
INTERIM FINANCIAL UPDATE
ITEM#71599
(Continued)
Here are the Next Steps:
Next Steps
FY 2021 May Update—11 months
June 22, 2021
End of Fiscal Year 2021
August 13, 2021
Vice Mayor Wood expressed his appreciation to Ms. Shelton for the presentation.
May 18, 2021
8
CITY MANAGER'S BRIEFINGS
PLANNING COMMISSION RECOMMENDATION
re SHORT TERM RENTAL ORDINANCES
ITEM#71600
2:36 P.M.
Vice Mayor Wood welcomed Bobby Tajan, Director—Planning and Community Development and Kevin
Kemp, Zoning Administrator — Planning and Community Development. Mr. Tajan expressed his
appreciation to City Council for their continued support:
w +G s=1
SHORT TERM RENTAL
PROPOSED ORDINANCE AMENDMENTS
CITY COUNCIL MEETING
MAY 18,2021
PREPARED BY:BOBBY TAJAN,PLANNING DIRECTOR
KEVIN KEMP,ZONING ADMINISTRATOR
PRESENTATION OVERVIEW
❑Background Information&Timeline
❑Proposed Ordinance Amendments
❑ Proposed Overlay Districts
❑Amendments to Short Term Rental(STR)regulations.
❑Proposed safety requirement amendments
❑Transition rules
2
May 18, 2021
9
CITY MANAGER'S BRIEFINGS
PLANNING COMMISSION RECOMMENDATION
re SHORT TERM RENTAL ORDINANCES
ITEM#71600
(Continued)
Here is the Background Information:
BACKGROUND INFORMATION
❑October 21,2020—City Council refers the proposed overlay
ordinances to Planning Commission for consideration.
❑January 28 and February 22,2021—Planning Commission has
virtual workshops.A few hundred citizens attend meetings.
❑ February 10,2021—Planning Commission defers the item.
❑ March 10,2021-Planning Commission considers the
amendment and makes recommendation for approval with
changes.
3
Mr. Tajan turned the presentation over to Mr. Kemp. Here is an overview of the Proposed Ordinance:
PROPOSED ORDINANCE �'±!
A Resolution to Amend the City Zoning Ordinance Pertaining to Short Term
Rentals:To Amend Section 102 of the City Zoning Ordinance Establishing
Short Term Rental Overlay Districts,East Shore Drive,North End,And
Oceanfront Resort;To Add Article 23,Consisting of Sections 2300 To 2303,
(Short Term Rental Overlay Districts)to The City Zoning Ordinance
Establishing Regulations and Requirements Pertaining to Short Term Rentals
in Each Overlay District;To Amend The Official Zoning Map by the
Designation and Incorporation of Property Into Short Term Rental Overlay
Districts-East Shore Drive,North End and Oceanfront Resort District;To
Amend Sections 401,501,601,901,1110,1125,1521,and 2203 of the City
Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-
Based Code Pertaining to the Requirements and Use of Short Term Rentals
and Overlays;Establishing Transitions Rules for the Review of Conditional Use
Permits for Short Term Rentals in the Short Term Rental Overlays;To Amend
Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals
and Establishing Additional Safety Requirements.
May 18, 2021
10
CITY MANAGER'S BRIEFINGS
PLANNING COMMISSION RECOMMENDATION
re SHORT TERM RENTAL ORDINANCES
ITEM#71600
(Continued)
There are three(3)Proposed Short Term Rental Overlay Districts:
PROPOSED OVERLAY DISTRICTS , 1P,
An Ordinance to amend Section 102 of the City Zoning Ordinance
establishing Short Term Overlay Districts—East Shore Drive,North
End and Oceanfront Resort.
An Ordinance to amend the official zoning map by the designation
and incorporation of property into Short Term Rental Overlay
Districts—East Shore Drive,North End,and Oceanfront Resort
District.
5
Here is an overview of the Proposed East Shore Drive Overlay:
PROPOSED OVERLAY DISTRICTS , IB
OV911AY PIANNING COMMISSION
East Shore Drive Overlay: Q'"`°"°`" """
OISfN5f —- RECOMMENDATION
• Nonh-Chesapeake • North-Chesapeake
Bay BaY
• South-Cape Newry • South-jn_PRe
Bike Trail
\ • East-first Sanding • Egg-piryt,gochog
raw OVERLAY
BOUNDMy �s \ State Park Sate Park
Ns e,.x},.•- a \,\ • west-west side of . we Iirt_weaa.deef
.•'''' L s( Fast Short Cape me, aeNeery neighborhood and , V •
ONee STA side of The
i �% S ''L 'o 1 w west,dines The
\♦♦ Landings Eaediee.0
t " •'' j ,t Cnndommunn condominiums
, ` ! • StRwcur
• yenshy cap of
}j 5%Of duetting
yjm
• gne renal contract
perweek
6
May 18, 2021
11
CITY MANAGER'S BRIEFINGS
PLANNING COMMISSION RECOMMENDATION
re SHORT TERM RENTAL ORDINANCES
ITEM#71600
(Continued)
Here is an overview of the Proposed North End Overlay:
PROPOSED OVERLAY DISTRICTS
North End Overlay: OVERLAY PLANNING COMMOTION
an COUNCIL REFERRAL
DISTRICT RECOMMENDATION
• North Boundary Fort • Same boundaries for
Story North End portion.
r
�' • Southern: ::
oun •NorthEd IA
• DensttY cap of 10.6%o'
f' Ocean dwellirN units
• One rental contract per
Pr • West Boundary:First eeY
�8 Landing State Park and
r Holly Road
...„7„.,::._,.. ...::: ...7:,,;,„, .!91'':
k
The HDllies
7
Here is an overview of the Proposed Oceanfront Resort Overlay:
PROPOSED OVERLAY DISTRICTS ,;"
Oceanfront Resort Overlay:
d• _.. 1 PLANNING
s .. -{- OVERLAY CITY COUNCIL COMMISSION
DISTRICT REFERRAL
't RECOMMENDATION
L All the exst ng • All the existing
=,. OR Oceanfront OR distnct
t t Resort District
l 1 t 0-'-`: f •.� , • STR by-right
w Ocean
>.A: }- I S>,. Front 2
Resort MR)
s " �� �I
_—_ r
6t-,-----:.-
8
May 18, 2021
12
CITY MANAGER'S BRIEFINGS
PLANNING COMMISSION RECOMMENDATION
re SHORT TERM RENTAL ORDINANCES
ITEM#71600
(Continued)
The following charts provide a comparison between the Existing Ordinance, City Council Referred
Ordinance and Planning Commission Recommendation:
PROPOSED STR REGULATIONS
An Ordinance to add Article 23,consisting of Sections 2300
through 2303(Short Term Overlay Districts),to the City Zoning
Ordinance establishing regulations and requirements pertaining
to Short Term Rentals in each overlay district.
9
PROPOSED STR REGULATIONS W
F.,.O tommisg ar couxor Pa ERRED OPDhx API(( PLANNING IS..XeCOMMtXMMM
Dehnldon of Home • permitted Use. • No change from existing ordinance • No change from CC referral
Sharing taxes a.register with
Commissioner of Revenue(COPt,
not Zoning Office.
• ust be operator's principal
residencetoperator must be
present during rental period.
Sign posted on home ,not to exceed • No change fxorn existing or inance sire a sign be grusteer it me
square feet in size. {enact ohone number of
• Sign mush be attached to home. noerator/representatare.Sign must be
_
.Itrle Isom the street(Including
Sandbxrdmi
IMesteatenaM taxes • um be maintained with the COP • No change from e. ordinance
ring orance • No change from CC referral
and all appgkade taxes paid.
(per CC direction,
rmiOice win
be created with lee to be mnm
m reWae)
10
May 18, 2021
13
CITY MANAGER'S BRIEFINGS
PLANNING COMMISSION RECOMMENDATION
re SHORT TERM RENTAL ORDINANCES
ITEM#71600
(Continued)
PROPOSED STR REGULATIONS Bec
Summary of City Code Summary of code section must be • No change from existing ordinance • No change horn CC referral
Sections:[fires on posted in home.
bra^nrewona • Summary provided by Me Zoning
disposal,trasn Administrator.
and Me parking plan]
Trash • Trash must be Yept'in automated • No change from existing ordinance • Nochange from U referral
refit.receptacle,
Insurance • $1,000,000 ltabilityimurance • No change from existing ordinance • No change from CC referral
Requirement required.
• Proof of Insurance must be
provided and hp,wiM the Zoning
Office
Noise • No outdoor amplified sound after • No change from existing ordinance • No change from CC referral
10 p or before 10 a.m.
21
PROPOSED STR REGULATIONS
Criteria to be registered• Must be with the • No change from existing ordinance • No change horn CC referral
GrandfatherM Commbsiowrof R<venueaMwr (Stuff proposed o odminetraorel
yremove
TOT taxes prior to holy 1,EOM pnY9raMlmher us i1 rhr property no,
• Grandfatherng rum with the land us.os STNlora two-yearperioA This was
an valid until STR use ceases to not includedin referral)
exist p operh.
• Revocation of graMfathering only if
overall square footage of the
structure Is and by 2Sh or
1,000 square feet(whichever is
Iessi.
structuresUse of Accessory • No change from resting ordinance • Noc g from CC referral
Structures as MTh used as short tem rentals.
Violations • Violations are a civil penalty. • Nochange from exrtirrgordinaoce • No change from CC referral
• nes/arnmmsissued,$ZOo hr
violation,first $Sato hr each
subsequent violation.
12
May 18, 2021
14
CITY MANAGER'S BRIEFINGS
PLANNING COMMISSION RECOMMENDATION
re SHORT TERM RENTAL ORDINANCES
ITEM#71600
(Continued)
PROPOSED STR REGULATIONS Virginia Bee.
EstatlhP Overlay • No overly ...currently.. • Establish three overlay chstrictst East • Eas[Lwre Drive estabitlrd NautMrt
DNtrhb ShoreDme,teeth F.,a. bounder,mewed nes.tC ore Dr%el
Oceanfront Resort • North End estaNMud llnas•Ilre
Noll es
• Oceanfront Resort established pares
DS tiled pUpeniea.)
Pequhemetbra • CUP required for e,ysTP Mat is not • CUPs will no longer be consider.. • CUP req..tor STPs located in Ow
COMMonal Use Permit 'erandlathered'or located in the STP use. Fast Shore Dn...North End
)CUP) Sand g SSD(State legislation). ST&permitrcd only irl«atedlna '
• 1 r standards efsastion proposed overlay district. • STR permitted by'r di ght in OR stricte=mee propoproposed
• ST.prohibit.(except era.hthered
• Must pay taxes and reenter with and remotely amens.CUPY1
COP. e.iernehere else m the CM(
• MmMbtrative renew a.eatenWn of
ahNrre CUPS once..Syear
taelntlon date Is up.NNPSOOP,,se.
to CC Mr reveotbn.
13
PROPOSED STR REGULATIONS W
Partroa«ed•m•m .qui ed On•wwow bedmern. • One...rem per nsd.«mreauied • One ON,rmerw.bedroon wgw2d
t rowan age Om.. geese(meeting
needs to Se mid br.Tomro dimen.:ondimensional ..entertain.mc dimensional rate may mum
.mMsmatu. • f,.ryspa¢sadded Onalte.red be panlous • Any%peas addedonsiO:---._.
• NO Street
parking Y be use.
• No save parking may be used. • No street parkin,.be used.
n ru. t.toi • Modurys Iron,CC referral
Parld. (uncle ae re..amasses..
P..wa ee...WPM eenlkeerePeP•een/ • Guerra.non Rorerr passes Mall roses
Permitted
gP•dar Evwb • Sperm erntw.mir.eaulnd lor m NOdgrl'f,OC CC refer.
with rnOre tM14n PM*.
«emi u c
eug esort rr^•e•^rem
• STR may Pemnctnot request Sped.Event
14
May 18, 2021
15
CITY MANAGER'S BRIEFINGS
PLANNING COMMISSION RECOMMENDATION
re SHORT TERM RENTAL ORDINANCES
ITEM#71600
(Continued)
PROPOSED STR REGULATIONS -
Iden.icttbn ofa • Provide name and telephone • Provide name and telephone num.r • Provide name antl telephone number
ResponsIbleParty number of contact person. of responsible person available to be of responsbk Person avagaMetobe
• Contact person must be available contacted and address poblem.thin contact.and address problem within
o address problem within 30 30 minutes. 30 minute.
minute. • Pesponslble Party mustbe able to • Responsible parry must be able to
• Not requ•,Sm hYalcallYeo to Physically respond to site within 30- phyvcaily res..to tare wnhur.one
STR. minutes. Muse,
Number of Rental eth 2contracts a than 52 rental contracts • In the East Shore Drive and North Ent
Contracts roe permitted within]csutwe during a calmclaryear. ov prc erla a rental contract per wee,
Says. • h the Moved.,two rental contracts
IConditiorml that hos been used as per pe wee,.
City Council Guidance:No more then
one rental controc t per l4oyperiodf
15
\'ItYiuia beub
maximum Pimp.Y • Total occupancy of the home • Total occupancy of the hone between • No change from CC referral
Perreeted between Me lours of 11 p.m.and T he hoes of33 p.m.and]a.m.shall
a.m.shall no eased t=Person,Per bedroom.
exceed
not• Pe s under the age of 36 shall not
home=max occupancy of 91 be included m calculation above
• [Conditional that he been used as however,in no case shall the total
per ON Council G uidance:Taal number of persons exceed3 per
occupancy not to ace.two bedroom.
Melees per bedroom(Example:
bedroom home=max o0 of 6.)]
one...ions for • CUP stall expire after 5 years. • No change from existing ordinance .a reo and
C,dIS s won even 5.ears
.l Use • CUP may be adm r weh • 0URm re wetlPermits
administrative
renewed by the Planning admunrsnwelY Mr he Planning • If woiations art frond to be detriments-
Department. Department because STR,are no to neighborhood bring to CC for
• Zoning will notify City Council in longerPP .use. rewocation.
writing of any complaints related to
STR use. • 11,35 density cap in the East Shore
Matlmum Density • Not addressed in current ordinance • Not rererred by CC Driver%reflects eusang number of
J
• 10.6%demhy cap in the North End IT
reflects existing number of STRsj
16
May 18, 2021
16
CITY MANAGER'S BRIEFINGS
PLANNING COMMISSION RECOMMENDATION
re SHORT TERM RENTAL ORDINANCES
ITEM#71600
(Continued)
ORDINANCE USE TABLES `!;,
An Ordinance to amend Sections 401,501,601,901,1110,1125,
1521,and 2203 of the City Zoning Ordinance and Section 5.2 of the
Oceanfront Resort District Form-Based Code pertaining to the
requirements and use of Short Term Rentals and Overlays.
17
SAFETY REGULATIONS
,,,,b
An Ordinance to amend Section 241.2 of the City Zoning Ordinance
pertaining to Short Term Rentals and Establishing Additional Safety
Requirements.
May 18, 2021
17
CITY MANAGER'S BRIEFINGS
PLANNING COMMISSION RECOMMENDATION
re SHORT TERM RENTAL ORDINANCES
ITEM#71600
(Continued)
SAFETY REGULATIONS veleta Beech
ON01111. CITY COUNCIL REFERRED 0.1111a PLANNING s,pom
RECOINIVIBIDAMOIN
Ille Lltly • To Me ewem permmible ureter • No change from meting tb rge om Urehrral
ate law,Intemrnectwl sneeze Owrcr/repreawebste prow.Zoning
el...nand CO detectors(*ere **nest ayttlailannusly)autNg
applcaael rteused. theIolbNrrg:
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DabgaMy • No regulations regarding deck oral report must be submitted • Structural report most b:submitted
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• leaat4doa by lbsowlsrbbser plebaadbakedseeale.
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• Occupant latleta M NNWawlpet au•talrulso/rda�rettog
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19
The next two (2)slides provide an overview of proposed Transition Rules:
TRANSITION RULES
An Ordinance establishing transition rules for the review of Short
Term Rental Conditional Use Permit applications submitted before
and after City Council date of referral.
20
May 18, 2021
18
CITY MANAGER'S BRIEFINGS
PLANNING COMMISSION RECOMMENDATION
re SHORT TERM RENTAL ORDINANCES
ITEM#71600
(Continued)
TRANSITION RULES
Any application for a Conditional Use Permit for a Short Term
Rental accepted prior to the date of referral shall be processed
based upon the law existing at the time of submission.
Any application accepted after the date of referral shall be
considered based upon the law applicable at the time of City
Council consideration.
No application shall be unnecessarily delayed.
Date of Referral: October 20,2020
21
CONTACT INFORMATION
Short Term Rentals are regulated by the Zoning Office
Zoning Main Office:(757)385-8074
STRPvbgov.com
www.vbgov.com/str
STAFF:
■ WILL MILLER—(757)385-5066
■ SUMMER PEEBLES—(757)385-5088
22
Mayor Dyer expressed his appreciation to Mr. Tajan and Mr. Kemp for the presentation.
May 18, 2021
19
CITY COUNCIL DISCUSSION/
INITIATIVES
ITEM#71601
3:44 P.M.
The Body did not have any initiatives to discuss.
May 18, 2021
20
CITY COUNCIL COMMENTS
ITEM#71602
3:45 P.M.
Council Member Berlucchi recognized Karen Thomas, and asked her to stand, advising Ms. Thomas has
been attending City Council Meetings for the past couple of months as a representative of Congresswoman
Elaine Luria. Council Member Berlucchi advised the partnership between local, state and government
leaders is important and expressed his appreciation for her attendance and support.
May 18, 2021
21
CITY COUNCIL COMMENTS
ITEM#71603
(Continued)
Council Member Tower advised there is a critical shortage of employees in the resort industry right now,
specifically affecting hotel and restaurant businesses at the Oceanfront. Council Member Tower advised
those businesses are forced to close early or limit business hours due to a lack of staffing. Council Member
Tower advised he will discuss an initiative with staff to promote a "return to work" bonus or system.
Council Member Tower advised he does not know how critical the shortage is but is aware there is a bill
in Congress.
Mayor Dyer advised he spoke to Governor Northam on May 14th, as well as some of the Mayor's in the
area, and believes a public service announcement would be beneficial to encourage more people to work
in those businesses that are experiencing shortages.
Council Member Tower advised he would like Debra Bryan, Interim Assistant to the City Manager for
Legislative and Military Affairs, to look at federal grants that may provide funding opportunities.
May 18, 2021
22
CITY COUNCIL COMMENTS
ITEM#71604
(Continued)
Council Member Henley advised now that the budget is adopted, she would like to see time scheduled on
upcoming agendas to work on the flooding referendum. Council Member Henley advised there is a lot of
public engagement necessary to provide information on all parts of the referendum and cautioned the
deadline will quickly approach.
City Manager Duhaney advised the flooding referendum is on the June schedule.
May 18, 2021
23
AGENDA REVIEW SESSION
ITEM#71605
3:54 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
I. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND City Code Section 10-1 to change Polling Place re Lynnhaven Precinct to
John B.Dey Elementary School
2. Resolution to CREATE the Urban Agriculture Advisory Committee (Requested by Council
Members Abbott and Berlucchi)
3. Ordinance to APPROPRIATE$550,000 of Fund Balance from the Waste Management Enterprise
Fund re meet payroll obligations
4. Ordinance to AMEND the scope of Capital Project #100581 "Crime Prevention through
Environment Design"and TRANSFER $500,000 to CIP#100581 re establish a Police satellite
office in the Resort Area
I. ORDINANCES/RESOLUTIONS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#2 WILL BE CONSIDERED SEPARATELY
May 18, 2021
24
AGENDA REVIEW SESSION
ITEM#71605
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
J. PLANNING
1. MARTHA WHITE/STEVEN K. FINGER, ET AL. for a Variance to Section 4.4(b) of the
Subdivision Regulations re create two(2)lots,with one(1)lot not meeting the agricultural district
allowable density requirements at 6332 Pocahontas Club Road DISTRICT 7—PRINCESS ANNE
2. FESTIVAL, LLC for a Special Exception for Alternative Compliance to the Oceanfront Resort
District Form-Based Code re outdoor dining and entertainment,outdoor recreation, commercial
parking lot, open air market, recurring special events on site with various outbuildings,
structures and signs at 712 Atlantic Avenue DISTRICT 6—BEACH
3. KROLL INVESTMENT GROUP, LLC for a Modification of Proffers re additional option of
exterior building material at 1529 Taylor Farm Road DISTRICT 3—ROSE HALL
4. CRP-GREP OVERTURE CHESAPEAKE OWNER, LLC/ CFC, LLC for a Modification of
Conditions re freestanding monument sign at 3399 Ocean Shore Avenue DISTRICT 5 —
LYNNHAVEN
5. NORTH LANDING BEACH RV RESORT& COTTAGES— VIRGINIA BEACH, LLC for a
Modification of Conditions re non-commercial marina at 161 Princess Anne Road DISTRICT 7—
PRINCESS ANNE
6. CITY OF VIRGINIA BEACH for a Change ofZoningfrom R-5D Residential Duplex District to
R-7.5 Residential District re resubdivide and incorporate into existing lots of adjacent property
owners at 206 Bob Lane DISTRICT 6—BEACH
7. ROBIN GAUTHIER, CEO ON BEHALF OF SAMARITAN HOUSE, INC./ CATHOLIC
DIOCESE OF RICHMOND VIRGINIA, EPISCOPAL DIOCESE OF SOUTHEASTERN
VIRGINIA for a Conditional Use Permit re group home at 1593 Lynnhaven Parkway DISTRICT
1 —CENTERVILLE
8. CERZA ENTERPRISES, LLC for Conditional Use Permit re motor vehicle sales and rentals at
6056 Indian River Road DISTRICT 1 —CENTERVILLE
9. A & G AUTO SALES/G&A PROPERTIES,LLC for Conditional Use Permit re motor vehicle
sales and rentals at 604 Newtown Road DISTRICT 2—KEMPSVILLE
10. THE VIRGINIA BEACH WINERY, LLC/SIFEN DEVELOPMENT COMPANY, INC for a
Conditional Use Permit re craft winery at 1064 Lynnhaven Parkway, Suite 113 DISTRICT 3 —
ROSE HALL
May 18, 2021
25
AGENDA REVIEW SESSION
ITEM#71605
(Continued)
11. DERRICK& NICOLE HOWELL for a Conditional Use Permit re outdoor recreation facility at
5409 Blackwater Road DISTRICT 7—PRINCESS ANNE
12. CITY OF VIRGINIA BEACH— Ordinance to AMEND City Zoning Ordinance (CZO) Sections
207 and 232 re distinguish between an administrative and standard review process and determine
associated fees for communication towers,small cell facilities, and building mounted antennas
13. CITY OF VIRGINIA BEACH— Ordinance to AMEND City Zoning Ordinance (CZO) Sections
301, 401, 501, 601, 701, 801, 901, 1001, 1501, 1521, 1531,2203 and the Oceanfront Resort District
Form Based Code Sections 5.2, 5.2.16 and 5.3.17 re communication towers, small cell facilities,
building mounted antenna and temporary towers
J. PLANNING ITEMS:
ITEM#7 WILL BE CONSIDERED FOR DEFERRAL TO JUNE 15,2021
COUNCIL MEMBER TOWER WILL ABSTAIN ON ITEM#8
May 18, 2021
26
ITEM#71606
Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff members or consultants pertaining to actual or probable litigation,
where such consultation or briefing in open meeting would adversely
affect the negotiating or litigating posture of the public body; or
consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice by
such counsel pursuant to Section 2.2-3711(A)(7).
• Holloway et al v. City of Virginia Beach
PERSONNEL MATTERS:Discussion, consideration of or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees, Authorities,Agencies, Task Forces and Appointees
May 18, 2021
27
ITEM#71606
(Continued)
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council voted to proceed
into CLOSED SESSION at 4:04 P.M.
Voting: 9-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
Break 4:04 P.M. — 4:20 P.M.
Closed Session 4:20 P.M. — 5:40 P.M.
May 18, 2021
28
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
MAY18, 2021
6:00 P.M.
Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the
Virginia Beach Convention Center, Suite 5, on Tuesday, May 18, 2021, at 6:00 P.M
Council Members Present:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss- Out of town
Rosemary Wilson - Out of town
INVOCATION: Pastor Waddee B. Thoroughgood,Jr., New Jerusalem Church of God in Christ
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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.
May 18, 2021
29
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 identj 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.
May 18, 2021
co1A•BF,4C
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City of Virgini a Beach
°F OUR 0-004
VBgov.com
PHONE:(757)636-1534
JOHN MOSS JDMOSS(aVBGOV.COM
COUNCIL MEMBER-AT-LARGE
May 17, 2021
HONORABLE MAYOR
MEMBERS OF CITY COUNCIL
Dear Colleagues,
On Tuesday, May 18, 2021, my son Thomas and I will be on the sixth day of a bicycle trip on the
Natchez Trace Parkway, making our way across 442-miles to the terminus in Natchez,
Mississippi (yes, I remember how to spell from the Fourth Grade). Thomas is biking all of it,
however since I am logistical support, I am just biking segments. Yes, Council Member Rouse, I
favor the flatter segments. Concluding my absence does not qualify for my remote participation,
this correspondence serves to notify you of my absence. Since proxies are not permitted, I offer
the below thoughts as general input only:
• I do have a conflict on Public Hearings H.1 and H.2; therefore, when these two items are
scheduled for a vote later, I will abstain.
• I have fully supported items I.1 through 1.4 as City initiated submissions.
• I fully support items J.13 and J.14 as City initiated submissions.
• I support the names previously discussed in Executive Session as the nominees to serve
on the Citizens Review Panel Task Force.
Below are my thoughts, without the benefit of an amendment,based on the discussion to take
place for your consideration. On Short term rentals, my initial thoughts are:
• No imposition of STR Overlay Districts upfront where there is opposition(For example:
Croatan,North Beach and Bayfront, as identified by Vice Mayor Wood and Council
Member Jones).
• Petitioning City Council discretionary approval of Overlay Districts in the future and
require 60%of the properties (multiple owners of a property counting as one property for
percentage computational purposes)to make such a request(individually signed legal
documents). The Overlay District would be defined as the boundaries of the subdivision
plat(this will need refinement by someone).
• Short term rentals granted by a Conditional Use Permit, when not in an overlay district,
would expire at the end of five-years.
4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455
•
• Short term rentals in an Overlay District would be subject to administrative approval up
to a percent of the total properties in a given Overlay Districts, with no greater density
than 'x' number per acre in order to retain the overall residential character of an Overlay
District initiated by the resident petition process. (We may not have the empirical
evidence to sustain this approach).
• No new short term rentals outside of an Overlay District.
I will see you all at the meeting on May 25, 2021.
Sincerely,
11,
John D. Moss
cc: City Manager
City Attorney
City Clerk
al4GOA BE1
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City of Vi rgi rni a B each
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VBg v.con
PHONE:(757)422-0733
ROSEMARY WILSON RCWilson{avbgov.com
COUNCIL MEMBER-AT-LARGE
May 14, 2021
HONORABLE MAYOR
MEMBERS OF CITY COUNCIL
Dear Colleagues,
I will be out of town and unable to attend the City Council meeting on May 18, 2021.
Sincerely,
4--(--e(44-&-er
Rosemary Wilson
City Council Member At Large
Cc: City Clerk
City Attorney
City Manager
FOIA Officer
921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451
30
ITEM— VLE
CERTIFICATION
ITEM#71607
Upon motion by Council Member Henley,seconded by Council Member Tower, City Council CERTIFIED
THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
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RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM#71606 Page 27 and in accordance with the provisions of The Virginia
Freedom of Information Act;and,
WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
IA
Am&?da BY es, MMC
City Clerk
May 18, 2021
31
ITEM— VLF.1
MINUTES
ITEM#71608
Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of May 4, 2021
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
32
ITEM— VLF.2
MINUTES
ITEM#71609
Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council APPROVED the
MINUTES of the SPECIAL SESSION of May 11,2021
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
33
ITEM— VLG.1
MAYOR'S PRESENTATIONS
ITEM#71610
PROCLAMATION
LOVE FOR VB DEDICATION DAY
Mayor Dyer read the Proclamation declaring, May 31, 2021, as "LOVE FOR VB DEDICATION DAY",
and called on all citizens to remember the victims of the May 31, 2019 tragedy and pledge to honor them
through volunteer acts of service.
May 18, 2021
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Whereas: Two years ago, Citizens of'Virginia Beach experienced an unspeakable tragedy that
resulted in the loss of LaQuita C. Brown; Ryan Keith Can Tara 'Welch Gallagher,
Mary Louise "Mary Lou" Cnitsinger Gayle; Alexander Mikhail Gusev; Joshua O.
9fardy;•Michelle "Missy"Langer, Richard.7f. Nettleton; Katherine Lusich Neon;
Christopher Kelly Rapp; 7fer6ert Bert"Snelling,Jr; and R Oen Bobby"'WiITiamr
and
Whereas: Five others were injured—four criticality—and many more were seriously impacted;
including people who worked in Budding Two of the 'Virginia Beach Municipal
Center, family members;;friends; City employees; people who rendered emergency
medical aid; both on the scene and at area hospitals;police who responded to the scene,
stopped the rampage, and prevented the further loss of lives;people who staffed the
Emergency Operations Center and Family Assistance Center, City leaders and elected
officials to have helped guide the City's recovery efforts;and members of the'Virginia
Beach community and beyond who have demonstrated compassion and generosity
through many acts of kindness;and
Whereas: In the aftermath of this tragedy, people in the community and beyond called on
everyone to show Love for VB. 'That phrase was adopted for use in a number of places
across our city—homes, businesses,schools,parks and beyond;and
Whereas: We still mourn the twelve fives lost so suddenly two years ago, and we pray for all
those who were traumatized by this brutal act of violence and continue to seek
healing;and
Whereas: We are forever changed;and we will never forget. We continue to pledge to commit to
honoring those we lost through acts of service and acts of kindness.
Now,'Therefore,I, Robert M.Oyer,Mayor of the City of'Virginia Beach,do hereby proclaim:
May 31, 2021
Love for AB Dedication Day
hi'Virginia Beach,and I call on all citizens to remember the victims of the May 31,2019 tragedy and
pledge to honor them through volunteer acts of service.I further order that the flag of the City of
'Virginia Beach shall be flown at half-staff in all City buildings and on City grounds from May 28
through sunset on May 31,2021
In'Witness Whereof I have hereunto set my hand and caused the OffciaL Sea(of the City of'Virginia
Beach,`Virginia, to be affixed this twenty-first day of May Two Thousand-Twenty-One.
/1' 11.41‘7)Pe'<...1
Robert M. "Bobby"Dyer
Mayor
34
ITEM— VLG.1
MAYOR'S PRESENTATIONS
ITEM#71611
RESOLUTION
VACCINATE VIRGINIA BEACH
Vice Mayor Wood, on behalf of Mayor Dyer and City Council, welcomed Chief Ed Brazle —Emergency
Medical Services and Danielle Progen, Director— Office of Emergency Management and presented the
Resolution expressing his appreciation to all 2,000 staff and volunteers who worked together to provide
citizens nearly 125,000 vaccinations between December 28, 2020 and April 30, 2021.
Chief Brazle expressed his appreciation to City Council for this recognition and their continuous support
throughout the pandemic.
Ms. Progen emphasized the vaccination event was a team effort adding FEMA uses the term, "whole
community"and this effort truly embodied whole community. Ms. Progen expressed her appreciation to
City Council for their continuous support.
May 18, 2021
lota Bic,
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tr
RESOLUTION
WHEREAS:The COVID-l9Pandemic threatened the health and well-being of the Virginia Beach community;and
WHEREAS:The City of Virginia Beach had a long-standing partnership with the Virginia Department ofHealth,including
experience operating community vaccination events.;and
WHEREAS: The City of Virginia Beach had significant resources available to support mass community vaccinations,
including experienced incident leaders,planners,support personnel and facilities;and
W R. AS:City of Virginia Beach leadership those to provide an unprecedented level of support for mass COVID-19
vaccinations by committing staff facilities and a$l.5M funding reserve to create the Vaccinate Virginia Beach operation;and
WHEREAS:A joint management team from the City of Virginia Beach and Virginia Department of Health and was
assembled to support leadership,planning,logistics and operations for Vaccinate Virginia Beach;and
WHEREAS:The City and Department of Public Health started vaccinating key personnel within 10 days of federal approval
of the vaccine;and
WHEREAS: The first drive thru community vaccination site in Hampton Roads was opened at EMS Station#8 on
December 29,2020,to vaccinate local health-care workers;and
WHEREAS:A high volume vaccination center was opened at the Virginia Beach Convention Center on January 12,2021,
with a goal of providing 750 shots per day;the operation ultimately attaininga peak output of3,000 shots per day;and
WHEREAS:The City of Virginia Beach also collaborated with faith-based and community leaders to reach disconnected
and under-served populations,supporting 15 smaller vaccination events;and
WHEREAS;Over 2,000staffand volunteers from across the City organization worked at the community vaccination centers;
and
WHEREAS:Numerous City, State and Federal agencies provided personnel and material support to Vaccinate Virginia
Beach;and
WHEREAS:The Vaccinate Virginia Beach team administered nearly 125,000 shots from December 28,2020 through April
30'1',2021.
NOW,THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby recognize all those who
served their community as part of VACCINATE VIRGINIA BEACH.
Given under our hands this 18d2 day of May.
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Council9Kery er7essica .A66ott Courted limber ichae('2 Berlucchi Council 6er a 71-
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35
ITEM— VLH.1
PUBLIC HEARINGS
ITEM#71612
Mayor Dyer DECLARED a PUBLIC HEARING:
DECLARATION AND DEDICATION OF EASEMENT
15'-wide Easement to Dominion Energy at Loretta Lane
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING
May 18, 2021
36
ITEM— YLH.2
PUBLIC HEARINGS
ITEM#71613
Mayor Dyer DECLARED a PUBLIC HEARING:
SALE OF EXCESS PROPERTY
15.07+/-acre Easement to United States at Red Wing Lake Golf Course
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING
May 18, 2021
37
ITEM— VI.H.3
PUBLIC HEARINGS
ITEM#71614
Mayor Dyer DECLARED a PUBLIC HEARING:
POLLING PLACE CHANGE
Lynnhaven Precinct to John B. Dey Elementary School
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Andrew Jackson, 153 Upperville Road, Phone: 490-0901, expressed concern for the effected voters
LaTasha Holloway, 826 Tuition Way, Phone: 348-0456, spoke in OPPOSITION
There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING
May 18, 2021
38
ITEM— VI.
FORMAL SESSION AGENDA
ITEM#71615
Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the
City Clerk will call the speaker and they will be given three(3) minutes on each item they registered to
speak.
The City Clerk called the following speaker:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION on Ordinances/Resolutions I: 3 and 4 and
Planning Items J: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13
Upon motion by Vice Mayor Wood, seconded by Council Member Henley, City Council APPROVED, BY
CONSENT, Agenda Items Ordinances/Resolution I: 3 and 4 and Planning Items J: 1, 2, 3, 4, 5, 6, 7
(DEFERRED TO JUNE 15, 2021), 8, 9, 10, 11, 12 and 13
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
I. ORDINANCES/RESOLUTION:
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#2 WILL BE CONSIDERED SEPARATELY
J.PLANNING ITEMS:
COUNCIL MEMBER TOWER WILL ABSTAIN ON ITEM#8
May 18, 2021
39
ITEM— VLI.1
ORDINANCES/RESOLUTION
ITEM#71616
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Andrew Jackson, 153 Upperville Road, Phone: 490-0901, expressed concern for the effected voters
Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council ADOPTED
Ordinance to AMEND City Code Section 10-1 to change Polling Place re Lynnhaven Precinct to John B.
Dey Elementary School
Voting: 9-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY
2 CODE TO CHANGE THE POLLING LOCATION FOR THE
3 LYNNHAVEN 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 Princess Anne High School
29 Brandon Brandon Middle School
30 Brookwood Brookwood Elementary School
31 Buckner Green Run Baptist Church
32 Cape Henry Research and Enlightenment Building (Edgar
33 Cayce Library)
34 Capps Shop Back Bay Christian Assembly
35 Centerville Centerville Elementary School
36 Chesapeake Beach Bayside Baptist Church
37 Chimney Hill Rosemont Elementary School
38 College Park College Park Elementary School
39 Colonial Colonial Baptist Church
40 Colony Lynnhaven Colony Congregational Church
41 Corporate Landing Corporate Landing Middle School
42 Courthouse Kellam High School
43 Creeds Oak Grove Baptist Church
44 Cromwell Landstown High School
45 Culver Ocean Lakes High School
46 Dahlia Green Run High School
47 Dam Neck Corporate Landing Elementary School
48 Davis Corner Bettie F. Williams Elementary School
49 Eastern Shore Eastern Shore Chapel
50 Edinburgh St. Aidan's Episcopal Church
51 Edwin Kempsville Middle School
52 Fairfield Kempsville Presbyterian Church
53 Foxfire Wave Church
54 Glenwood Glenwood Elementary School
55 Great Neck All Saints Episcopal Church
56 Green Run Green Run Elementary School
57 Haygood Haygood United Methodist Church
58 Hillcrest New Castle Elementary School
59 Holland Holland Elementary School
60 Homestead Providence Presbyterian Church
61 Hunt Princess Anne Recreation Center
62 Independence Water's Edge Church
63 Indian Lakes Indian Lakes Elementary School
64 Indian River San Lorenzo Spiritual Center
65 Kings Grant St. Nicholas Catholic Church
66 Kingston King's Grant Presbyterian Church
67 Lake Christopher New Covenant Presbyterian Church
68 Lake Joyce Morning Star Baptist Church
69 Lake Smith Bayside Church of Christ
70 Landstown Landstown Community Church
71 Larkspur St. Andrews United Methodist Church
72 Lexington Larkspur Middle School
7� Linkhorn Virginia Beach Community Chapel
74 Little Neck Lynnhaven United Methodist Church
75 London Bridge London Bridge Baptist Church
76 Lynnhaven Cape Henry Church
77 John B. Dey Elementary School
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
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40
ITEM— VLI.2
ORDINANCES/RESOLUTION
ITEM#71617
The following registered to speak:
Barbara Messner, P. O. Box 514, Phone: 213-6674, spoke in OPPOSITION
Cheryl Roberts-Stephens, 5533 North Sunland Drive, Phone: 304-417-8537, spoke in SUPPORT
Bailey Mennona, 3909 Windsor Woods Boulevard, Phone: 817-475-8943, spoke in SUPPORT
Jacob Long, 4653 Miles Standish Road, Phone: 409-2011, spoke in SUPPORT
Resty Restituyo, 931 Stricker Land Boulevard, Phone: 449-1954, spoke in SUPPORT
Faith Williams-Schesventer, 5200 Foxon Road, Phone: 642-2685, spoke in SUPPORT
Conrad Schesventer, 811 Sedley Road, Phone: 719-2113, spoke in SUPPORT
Joel Plante, 5501 New Colony Drive, Phone: 325-5944, spoke in SUPPORT
Upon motion by Council Member Abbott, seconded by Council Member Berlucchi, City Council
ADOPTED Resolution to CREATE the Urban Agriculture Advisory Committee (Requested by Council
Members Abbott and Berlucchi)
Voting: 7-2
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M. Henley,Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Voting Nay:
Louis R. Jones
Vice Mayor James L. Wood
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
REQUESTED BY COUNCILMEMBERS ABBOTT AND BERLUCCHI
1 A RESOLUTION TO CREATE THE URBAN
2 AGRICULTURE ADVISORY COMMITTEE
3
4 WHEREAS, the City Zoning Ordinance was enacted to promote and protect the
5 health, safety and general welfare of the people of the City;
6
7 WHEREAS, the ordinance implements the comprehensive plan of the City by
8 encouraging the most desirable use of land for residential, agricultural, commercial,
9 industrial, and other purposes by good civic design and arrangement, among other
10 things;
11
12 WHEREAS, the AG-1 and AG-2 Agricultural Districts were implemented to protect
13 and preserve agricultural lands for agricultural functions and to protect and preserve
14 agricultural lands and activities in the rural areas of the City in harmony with reasonable
15 levels of rural residential development;
16
17 WHEREAS, City Code § 5-543 restricts persons who live in zoning districts other
18 than the Agricultural Districts from possessing what may be colloquially known as
19 barnyard animals, including poultry and swine, and the Zoning Ordinance prohibits
20 persons who do not live in Agricultural Districts from engaging in certain agricultural
21 activities;
22
23 WHEREAS, several City residents who desire to own backyard hens or other
24 animals but are unable to do so because their homes are not in an Agricultural District
25 have asked the Council to consider amending the City Code to allow such ownership;
26
27 WHEREAS, residents also have inquired about a City composting program that
28 could divert waste from landfills, which could enrich soil, decrease the potential for
29 groundwater pollution, and reduce the cost of using landfills;
30
31 WHEREAS, the City Council would benefit from receiving advice and
32 recommendations of a citizens committee composed of persons with experience in
33 agricultural matters as wells as residents who do not live in Agricultural Districts to
34 determine the best paths forward with respect to agriculture in urban areas.
35
36 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
37 OF VIRGINIA BEACH, VIRGINIA, THAT:
38
39 1 . The City Council hereby establishes the Urban Agriculture Advisory
40 Committee.
41
42 2. The committee shall serve in an advisory capacity to the City Council, and
43 the City Council shall appoint its members.
44
45 3. The committee shall consist of eleven members who reflect the
46 geographical makeup of the City Council, with one member from each Council district and
47 four members serving at large, and it should include persons with agricultural expertise
48 along with residents of urban areas.
49
50 4. Staff support shall be provided by the Planning Department along with
51 representatives of the Department of Agriculture, the Department of Housing and
52 Neighborhood Preservation, the Health Department, the Animal Control Unit, and the City
53 Attorney's Office.
54
55 5. The committee shall study issues referred to it by the City Council, the first
56 two of which are the issue of backyard hens and mini pigs in districts not zoned for
57 agriculture and a City composting program, and it shall provide the City Council with
58 recommendations that promote the health, safety and welfare of the City's residents.
59
60 Adopted by the City Council of the City of Virginia Beach, Virginia on the 18 t h
61 day of May , 2021.
APPROVED AS TO LEGAL SUFFICIENCY:
. 0 v
City Attorney's Offic
CA14928
R-3
May 13, 2021
2
41
ITEM— VLL3
ORDINANCES/RESOLUTION
ITEM#71618
Upon motion by Vice Mayor Wood, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE $550,000 of Fund Balance from the Waste Management
Enterprise Fund re meet payroll obligations
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
1 AN ORDINANCE TO APPROPRIATE $550,000 OF FUND
2 BALANCE FROM THE WASTE MANAGEMENT
3 ENTERPRISE FUND TO MEET PAYROLL OBLIGATIONS
4
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 THAT:
7
8 $550,000 in fund balance from the Waste Management Enterprise Fund is hereby
9 appropriated, with retained earnings revenue increased accordingly, to the Waste
10 Management Enterprise Fund to meet the fund's year-end payroll obligations.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 t h day of
May , 2021.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY.
Budget& Management Services tt mey's Office
CA15445
R-1
May 5, 2021
42
ITEM— VI.I.4
ORDINANCES/RESOLUTION
ITEM#71619
Upon motion by Vice Mayor Wood, seconded by Council Member Henley City Council ADOPTED, BY
CONSENT, Ordinance to AMEND the scope of Capital Project #100581 "Crime Prevention through
Environment Design"and TRANSFER $500,000 to CIP#100581 re establish a Police satellite office in
the Resort Area
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
1 AN ORDINANCE TO AMEND THE SCOPE OF CAPITAL
2 PROJECT #100581, "CRIME PREVENTION THROUGH
3 ENVIRONMENTAL DESIGN," AND TO TRANSFER
4 $500,000 TO PROJECT#100581 TO ESTABLISH A POLICE
5 SATELLITE OFFICE IN THE RESORT AREA
6
7 WHEREAS, the City of Virginia Beach recognizes that there are additional City
8 operations and initiatives that will provide for the immediate public safety, public health,
9 and economic well-being of the citizens of the City;
10
11 WHEREAS, the City Council authorized a City Manager's Special Pandemic Relief
12 and Vaccine Support Reserve on February 2, 2021;
13
14 WHEREAS, the City Council of the City of Virginia Beach hereby declares the
15 enhancement of the public safety of all citizens to be the most pressing priority of the City
16 of Virginia Beach; and
17
18 WHEREAS, the City Council wishes to build upon public safety enhancements
19 enacted by the City Council on April 20, 2021.
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA, THAT:
23
24 1. The scope of Capital Project#100581, 'Crime Prevention r r trough Environmental
25 Design," is hereby amended in the FY 2020-21 Capital Improvement Program to
26 allow for the leasing of property, build-out, and furnishing of a satellite office in the
27 Resort Area of the City for the Police Department.
28
29 2. $500,000 is hereby transferred from the City Manager's Special Pandemic Relief
30 and Vaccine Support Reserve to Capital Project #100581, "Crime Prevention
31 Through Environmental Design," to allow the City to establish a satellite Police
32 office in the Resort Area.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 t h day
of May , 2021.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
•
P- `\
Budget and Management Services City ey's Office
CA 15444
R-1
April 28, 2021
43
ITEM— VLJ.1
PLANNING
ITEM#71620
Upon motion by Vice Mayor Wood, seconded by Council Member Henley, City Council APPROVED,AS
CONDITIONED,BY CONSENT,Application of MARTHA WHITE/STEVEN K. FINGER,ET AL.for
a Variance to Section 4.4(b) of the Subdivision Regulations re create two (2) lots, with one (1) lot not
meeting the agricultural district allowable density requirements at 6332 Pocahontas Club Road
DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MARTHA WHITE/STEVEN K. FINGER, ET AL.for a Variance to
Section 4.4(b) of the Subdivision Regulations re create two (2) lots, with
one (1) lot not meeting the agricultural district allowable density
requirements at 6332 Pocahontas Club Road (GPIN 2317838118)
DISTRICT 7—PRINCESS ANNE
The following conditions shall be required:
1. The applicant/owner shall submit a subdivision plat with the City of Virginia Beach
Department of Planning & Community Development. Said plat shall be subject to the
review and approval of the Department of Planning& Community Development, and plat
shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365
days from the date of the City Council action.
2. There shall be no future residential development or further subdividing of the 25.6 acre
residual parcel.A plat note stating that "There shall be no future residential development
or further subdividing of the 25.6 acre residual parcel"shall be added to the Subdivision
plat and recorded with the City of Virginia Beach Circuit Court Clerk's Office.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18th day of May Two Thousand
Twenty One.
Voting: 9-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
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ITEM— VLJ.2
PLANNING
ITEM#71621
Upon motion by Vice Mayor Wood, seconded by Council Member Henley, City Council APPROVED,AS
CONDITIONED,BY CONSENT,Application of FESTIVAL,LLC for a Special Exception for Alternative
Compliance to the Oceanfront Resort District Form-Based Code re outdoor dining and entertainment,
outdoor recreation, commercial parking lot, open air market, recurring special events on site with
various outbuildings,structures and signs at 712 Atlantic Avenue DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
FESTIVAL, LLC for a Special Exception for Alternative
Compliance to the Oceanfront Resort District Form-Based Code re
outdoor dining and entertainment, outdoor recreation,
commercial parking lot, open air market, recurring special events
on site with various outbuildings, structures and signs at 712
Atlantic Avenue (GPIN 24272359400000)DISTRICT 6-BEACH
The following conditions shall be required:
1. Within sixty (60) days of City Council approval of this application for Alternative
Compliance, the applicant shall submit a site plan showing all existing and any anticipated
new structures and surfaces for the existing "Shack"development, including stormwater
calculations for the depicted structures and surfaces, and all other required information to
the Development Services Center. The applicant shall diligently pursue, and the City shall
timely review and provide comments on the site plan, which the applicant will obtain
approval of within one (1)year of site plan submittal. If the applicant fails to meet either
deadline, all existing temporary structures shall be retrofitted to meet building code and
site requirements for permanent structures or shall be removed within ninety(90)days of
the applicable deadline. No proposals for new, temporary structures shall be considered
until the site is brought into full compliance with building code and site plan development
requirements.
2. Within two (2) years of City Council approval of this application for Alternative
Compliance, the wire barriers between the bollards shall be removed and the bollards
themselves shall either be removed or maintained and painted in a manner agreed upon
by the Planning Director and Department of Public Works. The grass verge in the
streetscape on the southern portion of Pacific Avenue shall be replaced with pavers
matching those in the northern section, adjacent to the former 8th Street right-of-way and
9th Street Municipal Parking Garage. Existing plantings along the entire Pacific Avenue
streetfrontage shall be supplemented or replaced with canopy trees, evergreen shrubs, and
flowering perennials and grasses in a tiered format to provide shade, screening and
buffering for the surface parking lot and enhance the pedestrian environment. Wheel stops
shall be installed in the parking lot to protect plantings. The specifics of this design shall
be determined during the detailed site plan review process.
May 18, 2021
45
ITEM— VLJ.2
PLANNING
ITEM#71621
(Continued)
3. The parking attendant stand shall be removed, refurbished or replaced. If a new or
refurbished structure is proposed, the design and placement shall be subject to approval
by the Planning Director.
4. All new,permanent structures shall either comply with the prescribed or optional forms of
development in the Oceanfront Resort District Form-Based Code or shall substantially
conform to the renderings depicted in "The Shack Addition, Virginia Beach, Virginia,"
dated November 19, 2018 by Hanbury, which has been exhibited to the City Council and
is shown on pages 7-11 of the staff report. While the general configuration of the proposed
site layout shall conform to the renderings, the exact location of the building footprint shall
be determined during detailed site plan review.
5. When the proposed addition or other primary permanent structure is constructed,
transformers, mechanical structures, and other minor structures accessory to utility
facilities greater than four (4)feet tall shall be placed where not visible from the public
right-of-way. Such structures that are already in place and cannot be relocated shall be
screened in accordance with Sec. 3.2.4 of the Oceanfront District Form-Based Code.
6. Bicycle racks designed in conformance with the City's bicycle parking design guidelines
to accommodate at least thirty-five(35)bicycles shall be provided in a designated location
to be determined during detailed site plan review. Additional bicycle parking shall be
added on the property as needed during peak season or other special events.
7. Any changes to existing, legally nonconforming signs on the property shall be subject to
approval by the Planning Director. Temporary signs advertising special events shall be
permitted but limited to a set location, size, and material subject to approval by the
Planning Director. Such signs shall be exempt from the standard limits on duration and
frequency of posting throughout the year.
8. No outdoor amplified music is permitted between 11:00 p.m. and 10:00 a.m.
9. No merchandise,produce, or food shall be displayed or sold along either the Atlantic or
Pacific Avenue street frontages.
10. Outdoor storage is not permitted on the site, even if enclosed by a fence or wall. All
merchandise, stalls, equipment and materials shall be stored inside of a building while the
business is closed.
11. The operation of the commercial parking lot shall comply with the requirements of Section
23-58 of the City Code.
May 18, 2021
46
ITEM— VI.J.2
PLANNING
ITEM#71621
(Continued)
12. The operation shall not disturb the tranquility of residential areas or other areas in close
proximity or otherwise interfere with the reasonable use and enjoyment of neighboring
property by reason of excessive noise, traffic, lighting, or overflow parking.
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 186 day of May Two Thousand
Twenty One.
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
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47
ITEM— VLJ.3
PLANNING
ITEM#71622
Upon motion by Vice Mayor Wood, seconded by Council Member Henley, City Council APPROVED,AS
MODIFIED,AS PROFFERED,BY CONSENT,Application of KROLL INVESTMENT GROUP,LLC
for a Modification of Proffers re additional option of exterior building material at 1529 Taylor Farm
Road DISTRICT 3—ROSE HALL
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
KROLL INVESTMENT GROUP,LLC for a Modification of Proffers re
additional option of exterior building material at 1529 Taylor Farm Road
(GPIN 1495752206) DISTRICT 3—ROSE HALL
The following conditions shall be required:
An Agreement encompassing Proffers shall be recorded with the Clerk of the 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 18`h day of May Two Thousand
Twenty One.
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS
KROLL INVESTMENT GROUP I, LLC,a Virginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 24th day of January, 2021, by and between KROLL
INVESTMENT GROUP I, LLC, a Virginia limited liability company, Grantor; and THE CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS,the Grantor is the owner of that certain parcel of property located in the Rose
Hall District of the City of Virginia Beach, containing approximately one (1) acre and described
in Exhibit"A"attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the Grantor has initiated a modification to a conditional amendment to the
Zoning Map of the City of Virginia Beach,Virginia, by Petition addressed to the Grantee so as to
modify a condition applicable to the Property that is zoned Conditional B-2 Community Business
District; and
WHEREAS, the Grantor has requested the Grantee to permit this modification of the
Proffered Covenants, Restrictions and Conditions dated January 14, 2002, and recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4698, at
Page 0794(hereinafter"Original Proffers") as amended by FIRST AMENDMENT TO PROFFERED
COVENANTS,RESTRICTIONS AND CONDITIONS dated April 30,20004 and recorded in the afore
referenced Clerk's Office as Instrument Number 200409220151888 (hereinafter "2004
Amended Proffer") applicable to the Property; and
GPIN: 1495-75-2206-0000
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 Grantee's policy is to provide only for the orderly development of land for
various purposes through zoning and other land development legislation; and
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 proffer modification, 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
proffer modification application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to
the public hearing before the Grantee, the following amendment to the previously proffered
conditions related to the physical development, operation, and use of the Property to be
incorporated as a part of the previously adopted amendment to the Zoning Map applicable to the
Property.
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 amended and modified declaration of covenants,conditions and restrictions
governing 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. Subsection "h)" of amended proffer numbered 2 as contained in the 2004
Amended Proffer recorded in the above referenced Clerk's Office as Instrument Number
200409220151888 is hereby modified and replaced with the following:
h) No building shall exceed forty-five feet (45') in height and the primary
exterior surface of all buildings shall be either brick, cement fiber board (Hardie Plank),
split face block,painted block,concrete panel,stone,wood,E.I.F.S.r metal and shall be an
earth-tone color or colors. The exterior surface of any building on parcels numbered 8
2
through 14 on the site plan,which are visible from Dam Neck Road shall be either brick,
cement fiber board (Hardie Plank),split face block or stone.
2. Except as expressly modified herein, with respect to the Property, all of the
proffers, covenants, restrictions and conditions set forth in the Original Proffers as modified by
the 2004 Amended Proffer are ratified,affirmed and remain binding upon the Property and upon
any party holding title under,by or through the Grantor.
All references hereinabove to the B-2 Community Business Zoning 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.
The above conditions,having been proffered by the Grantor and allowed and accepted by
the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force 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 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
3
(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 Grantor
and the Grantee.
4
WITNESS the following signature and seal:
Grantor:
Kroll Investment Group I, LLC,
a Virginia limited liability company
4.
By: `(0 (SEAL)
Je ia,•Kroll,Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to-wit:
The foregoing instrument was acknowledged before me thisOday of January,2021,by
Jeffrey A. Kroll, Manager of Kroll Investment Group I, LLC, a Virginia limited liability company,
Grantor.
t I otary Public
My Commission Expires:_I 1)15 1 90)9
Notary Registration Number:6?I VI
Amanda M.Wentz
NOTARY PUBLIC
REG.#7521847
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES October 31st,2024
5
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT certain lot, piece or parcel of land, with the improvements thereon, situate, lying and
being in the City of Virginia Beach,Virginia,and known,numbered and designated as"LOT 23B-2",
as shown on that certain plat entitled"SUBDIVISION PLAT OF LOT 23B TAYLOR FARM COMMERCE
PARK, VIRGINIA BEACH, VIRGINIA" under seal dated May 7, 2020, prepared by American
Engineering,and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia,as Instrument Number 20200602000470900.
GPIN: 1495-75-2206-0000
H:\AM\—Mod of Proffers\Kroll Investment Group I\Amendment to Proffer.docx
6
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48
ITEM— VLJ.4
PLANNING
ITEM#71623
Upon motion by Vice Mayor Wood, seconded by Council Member Henley, City Council APPROVED,AS
MODIFIED, AS CONDITIONED, BY CONSENT, Application of CRP-GREP OVERTURE
CHESAPEAKE OWNER, LLC/CFC,LLC for a Modification of Conditions re freestanding monument
sign at 3399 Ocean Shore Avenue DISTRICT 5—LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
CRP-GREP OVERTURE CHESAPEAKE OWNER, LLC/CFC, LLC
for a Modification of Conditions re freestanding monument sign at 3399
Ocean Shore Avenue(GPIN 1489809680) DISTRICT 5—LYNNHAVEN
The following conditions shall be required:
1. All conditions attached to the Modification of Conditions granted by the City Council on
July 8, 2014, shall remain in effect with the exception of Condition 11, which is hereby
replaced as follow: "No freestanding identification sign shall be permitted along Shore
Drive."
2. When developed, the freestanding sign shall be in substantial conformance with the
submitted Elevation Plan entitled, "Job #346965", dated March 24, 2021, and prepared
by Benson Signs, which has been exhibited to the Virginia Beach City Council and is on
file in the Department of Planning and Community Development.
3. When developed, the location of the freestanding sign and landscaping shall be in
substantial conformance with the submitted plan entitled, "Overturn Entry Landscape",
dated March 25, 2021, and prepared by Kimley Horn, which has been exhibited to the
Virginia Beach City Council and is on file in the Department of Planning and Community
Development.
This Ordinance shall be effective in accordance with Section 107(09 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18th day of May Two Thousand
Twenty One.
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
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49
ITEM— VLJ.5
PLANNING
ITEM#71624
Upon motion by Vice Mayor Wood, seconded by Council Member Henley, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of NORTH LANDING BEACH RV RESORT &
COTTAGES— VIRGINIA BEACH,LLC for a Modification of Conditions re non-commercial marina at
161 Princess Anne Road DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
NORTH LANDING BEACH RV RESORT& COTTAGES— VIRGINIA
BEACH, LLC for a Modification of Conditions re non-commercial
marina at 161 Princess Anne Road(GPIN 2317412793) DISTRICT 7—
PRINCESS ANNE
The following conditions shall be required:
1. All conditions attached to the Conditional Use Permit granted by the City Council on April 16,
2019, are deleted and are replaced with the conditions listed below.
2. The site shall be developed substantially in conformance with the exhibit entitled, `North Landing
Beach RV Resort and Cottages— Virginia Beach, LLC, 161 Princess Anne Road, Virginia Beach,
VA"prepared by Chesapeake Bay Site Solutions, Inc., dated August 7, 2020, which has been
exhibited to the Virginia Beach City Council and is on file in the Planning Department.
3. Plant material, at a minimum, shall be installed as depicted on the exhibit entitled, `North Landing
Beach RV Resort, sheets L-01 & L-02,"prepared by RV Management Services, dated June 28,
2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning
Department.All other planting and screening requirements shall be met, as per City requirements.
4. When the building and improvements are constructed and installed, they shall be in substantial
conformance with the exhibits entitled, "Arts and Crafts Addition for North Landing
Campground,"prepared by D+D Studio LLC and "Events Conference Center for Madison Vines
RV Resort and Cottages"and "Bath House Facilities for Madison Vines RV Resort and Cottages"
both by Gillum Architects P.C. all of which have been exhibited to the Virginia Beach City Council
and are on file in the Planning Department.
5. The berms along Princess Anne, entrance or signage landscaping and any foundation landscaping
for new structures fronting Princess Anne required by the Virginia Beach Code shall be depicted
on the final site plan.All plant species shall be approved by the DSC Landscape Architect.
6. All park model trailers shall be licensed and road ready to be relocated out of the Special Flood
Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and
also prior to any approaching significant storm or wind tide flooding. Evidence of such licensing
shall be maintained by the campground and submitted to the Planning Department upon request.
May 18, 2021
50
ITEM— VLJ.5
PLANNING ITEM#71624
(Continued)
7. The beach monitor shack, as depicted on the 2015 plans, shall be a non permanent structure and
shall be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane
warning for the City of Virginia Beach and also prior to any approaching significant storm.
8. For safety reasons, lights shall be installed either on or adjacent to the maintenance buildings'
access doors so as to provide lighted entries.
9. As it pertains to the new buildings, the campground shall comply with all required fire and safety
codes,per City ordinances and site plan review.
10. Any recreational vehicles stored on the site year-round and available for lease shall obtain any
necessary permits, inspections and certificates of occupancy as required by State law, as
determined by the Building Code Official of the City of Virginia Beach.
11. Encroachment into any environmentally sensitive portion of the property, including but not limited
to the fifty (50)foot Southern Rivers buffer, the Special Flood Hazard Area, tidal or non-tidal
wetlands, and the floodplain mitigation area as required by the 2005 Floodplain Variance and
Conditional Use Permit approval,for any permanent or temporary structures shall be prohibited
without obtaining all applicable permits from federal, state, and local agencies.
12. All proposed work between Mean High Water and Mean Low Water shall be approved by the
Wetlands Board prior to the issuance of a building permit. Any proposal to construct, alter, or
repair landings, docks, and similar structures including piers shall require approval by the City of
Virginia Beach Waterfront Operations Staff prior to the issuance of a building permit.
13. The campground shall not be open to the public or host public ticked events. Events and activities
held at the campground shall be limited to registered campers and their guests as allowed by North
Landing Beach Campground policies.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18`h day of May Two Thousand
Twenty One.
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
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51
ITEM— VLJ.6
PLANNING
ITEM#71625
Upon motion by Vice Mayor Wood, seconded by Council Member Henley, City Council APPROVED, BY
CONSENT,Application of CITY OF VIRGINIA BEACH for a Change of Zoning from R-5D Residential
Duplex District to R-7.5 Residential District re resubdivide and incorporate into existing lots of adjacent
property owners at 206 Bob Lane DISTRICT 6—BEACH
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
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52
ITEM— VI.J.7
PLANNING
ITEM#71626
Upon motion by Vice Mayor Wood, seconded by Council Member Henley, City Council DEFERRED TO
JUNE 15, 2021, BY CONSENT, Application of ROBIN GAUTHIER, CEO ON BEHALF OF
SAMARITAN HOUSE, INC✓ CATHOLIC DIOCESE OF RICHMOND VIRGINL4, EPISCOPAL
DIOCESE OF SOUTHEASTERN VIRGINIA for a Conditional Use Permit re group home at 1593
Lynnhaven Parkway DISTRICT 1—CENTERVILLE
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent.•
John D. Moss
Rosemary Wilson
May 18, 2021
53
ITEM— VLJ.8
PLANNING
ITEM#71627
Upon motion by Vice Mayor Wood, seconded by Council Member Henley, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of CERZA ENTERPRISES, LLC for Conditional Use
Permit re motor vehicle sales and rentals at 6056 Indian River Road DISTRICT 1—CENTERVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
CERZA ENTERPRISES, LLC for Conditional Use Permit re motor
vehicle sales and rentals at 6056 Indian River Road(GPIN 1456531283)
DISTRICT 1 —CENTERVILLE
The following conditions shall be required:
1. When the property is redeveloped, it shall be in substantial conformance with the submitted
Site Layout Plan entitled, "6056 Indian River Road", dated March 31, 2021, and prepared
by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City
Council and is on file in the Department of Planning and Community Development.
2. When the property is redeveloped, landscape plantings shall be installed to be in
substantial conformance with the submitted Site Layout Plan entitled, "6056 Indian River
Road", dated March 31, 2021, and prepared by John Sandow Engineering, LLC, which
has been exhibited to the Virginia Beach City Council and is on file in the Department of
Planning and Community Development. Landscape plantings shall be maintained for the
duration of the use and shall be subject to the review and approval of the Development and
Service Center.
3. The access point closest to Indian River Road on Depositor Lane shall be closed.
4. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate
sign permit shall be obtained from the Planning Department for the installation of any
signage.
5. All vehicles for sale or rental shall be located on a paved surface within the designated
display area identified on the plan referenced in `Condition 1'above. No vehicles shall be
displayed on raised platforms, earthen berms, landscape islands, or any other structure
designated to display a vehicle higher than the elevation of the main parking lot.
6. There shall be no storage of tires, merchandise, or debris of any kind outside of the
building.
7. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site.
8. There shall be no auto repair or service on the site.
9. There shall be no outside audio speakers for any purpose.
May 18, 2021
54
ITEM— VLJ.8
PLANNING
ITEM#71627
(Continued)
10. There shall be no signs which 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. There shall be no portable
or nonstructural signs, or electronic display signs on the site.
11. There shall be no neon or electronic display signs, or accents installed on any wall area of
the exterior of the building, in or on the windows, or on the doors. No window signage
shall be permitted.
12. All outdoor lights shall be shielded to direct light and glare onto the premises,said lighting
and glare shall be deflected, shaded, and focused away from all adjoining properties.
13. No motor vehicle shall be displayed for sale or rental within the first five (5)feet of any
front yard or side yard abutting the right-of-way line of a street to be measured from the
property line to any displayed motor vehicle on the premises.
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 18`"day of May Two Thousand
Twenty One.
Voting: 8-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Vice Mayor James L. Wood
and Sabrina D. Wooten
Council Members Abstaining:
Guy K. Tower
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
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GVI IC TOWER emu rimL1PMD1
COVNCL MEMBER BIBL' Y�YmIR
DISTRICT E-BEACH
In Reply Refer to 0070831
May 19,2021
Mrs.Amanda Barnes
City Clerk
Municipal Center
Virginia Beach,Virginia 23456 - .,,
Re: Abstention Letts
Dear Mrs.Barnes:
Pursuant to the Virginia Conflict of Interests Act,I make the following declarations:
1. I am executing this written disclosure regarding the City Council's consideration
and vote on the application of Cerza Enterprises,LLC for a conditional use permit
for motor vehicle sales and rentals at 6056 Indian River Road.
2. The contract purchaser for this property is represented by my stepson,Edward C.
Denton,of Denton Realty Company.
3. Although the City Attorney's Office advised me that the Act provides that I do not
have a conflict with respect to this transaction,I chose to abstain last night from the
Council's vote on this application.
I respectfully request that you record this declaration in the official records of the City
Council. Thank you for your assistance in this matter.
(>int,ely,
5`-- / ~
Gu K.Tower
Councilmember
E GKT/RRI
II11 43N STREET,VIRGINIA BEACH,VA 23151
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55
ITEM— VLJ.9
PLANNING
ITEM#71628
Upon motion by Vice Mayor Wood, seconded by Council Member Henley, City Council APPROVED,AS
CONDITIONED,BY CONSENT,Application of A & G AUTO SALES/G&A PROPERTIES,LLC for
Conditional Use Permit re motor vehicle sales and rentals at 604 Newtown Road DISTRICT 2 —
KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
A & G AUTO SALES/G&A PROPERTIES, LLC for Conditional Use
Permit re motor vehicle sales and rentals at 604 Newtown Road (GPIN
1468301875) DISTRICT 2—KEMPSVILLE
The following conditions shall be required:
1. Foundation planting along Paca Lane is not required and a minimum of 750 square feet
of interior landscaping shall be installed within the perimeter of the designated display
area. This is a deviation as required by the City Zoning Ordinance and Site Plan
Ordinance.
2. When the property is redeveloped, it shall be in substantial conformance with the concept
plan entitled "CONDITIONAL LAND USE EXHIBIT, CAR DEALERSHIP, 604 Newtown
Road, Virginia Beach, VA ", dated March 3, 2021, and prepared by Christos A. Damalas,
Professional Engineer and Kathleen Zeren, Landscape Design, which has been exhibited
to the Virginia Beach City Council and is on file in the Department of Planning &
Community Development.
3. A Landscape Plan shall be submitted to the Development Services Center of the Planning
and Community Development Department for review and ultimate approval prior to the
issuance of a Certificate of Occupancy. The Plan shall include existing and proposed street
frontage, foundation landscape plantings, and interior landscape plantings to include
planting details,plant installation notes, and a plant materials list. All landscaping shall
be maintained on-site in accordance with the approved Landscape Plan.
4. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate
sign permit shall be obtained from the Planning Department for the installation of any
signage.
5. One freestanding sign shall be a monument-style freestanding sign with a brick base, as
depicted on the exhibit entitled "CONDITIONAL LAND USE PERMIT, CAR
DEALERSHIP, 604 Newtown Road", dated March 2, 2021, and prepared by Christos A.
Damalas,Professional Engineer, and the sign shall be no taller than eight(8)feet in height
measured from the ground to the top of the sign.
May 18, 2021
56
ITEM— VLJ.9
PLANNING
ITEM#71628
(Continued)
6. All vehicles for sale or rental shall be located on a paved surface within the designated
display area identified on the plan referenced in `Condition 2'above.No vehicles shall be
displayed on raised platforms, earthen berms, landscape islands, or any other structure
designated to display a vehicle higher than the elevation of the main parking lot.
7. There shall be no vehicles displayed within the northernmost access point along Newtown
Road. Vehicles shall not block or prohibit the entry or exiting of utility vehicles along this
entrance.
8. The parking lot shall be striped to reflect all parking spaces required by the Zoning
Ordinance, including handicap spaces in accordance with the Americans with Disabilities
Act(ADA).
9. There shall be no storage of tires, merchandise, or debris of any kind outside of the
building.
10. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site.
11. There shall be no auto repair or service on the site.
12. There shall be no outside audio speakers for any purpose.
13. There shall be no signs which contain or consist ofpennants, 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. There shall be no portable
or nonstructural signs, or electronic display signs on the site.
14. There shall be no neon or electronic display signs, or accents installed on any wall area of
the exterior of the building, in or on the windows, or on the doors. No window signage
shall be permitted.
15. All outdoor lights shall be shielded to direct light and glare onto the premises,said lighting
and glare shall be deflected, shaded, and focused away from all adjoining properties.
16. No motor vehicle shall be displayed for sale or rental within the first five (5)feet of any
front yard or side yard abutting the right-of-way line of a street to be measured from the
property line to any displayed motor vehicle on the premises.
May 18, 2021
57
ITEM— VLJ.9
PLANNING
ITEM#71628
(Continued)
This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18`h day of May Two Thousand
Twenty One.
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
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58
ITEM— VLJ.10
PLANNING
ITEM#71629
Upon motion by Vice Mayor Wood, seconded by Council Member Henley, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of THE VIRGINIA BEACH WINERY, LLC/SIFEN
DEVELOPMENT COMPANY, INC for a Conditional Use Permit re craft winery at 1064 Lynnhaven
Parkway, Suite 113 DISTRICT 3—ROSE HALL
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
THE VIRGINIA BEACH WINERY, LLC/SIFEN DEVELOPMENT
COMPANY, INC for a Conditional Use Permit re craft winery at 1064
Lynnhaven Parkway, Suite 113 (GPIN 1496113563) DISTRICT 3 —
ROSE HALL
The following conditions shall be required:
1. The occupancy load for the Craft Winery shall be established by the City of Virginia Beach
Building Official's Office.
2. A Certificate of Occupancy shall be obtained prior to the operation of the Craft Winery.
3. There shall be no sale or consumption of alcoholic beverages on the premises between
midnight and 10:00 a.m.
4. Music or live performances will only be allowed inside the establishment when all doors
and windows are closed.
5. All signage on site shall meet the requirements of the City Zoning Ordinance. There shall
be no neon or electronic display signs or accents installed on any wall area of the exterior
of the building, in or on the windows, or on the doors.A sign plan shall be submitted to the
Zoning Office for review and permitting prior to the installation of any signage. Any
existing signs that did not receive required permits shall be submitted to the Zoning Office
for review.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18`h day of May Two Thousand
Twenty One.
Voting: 9-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
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59
ITEM— VLJ.11
PLANNING
ITEM#71630
Upon motion by Vice Mayor Wood, seconded by Council Member Henley, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of DERRICK& NICOLE HOWELL for a Conditional
Use Permit re outdoor recreation facility at 5409 Blackwater Road DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
DERRICK & NICOLE HOWELL for a Conditional Use Permit re
outdoor recreation facility at 5409 Blackwater Road(GPIN 1399121357)
DISTRICT 7—PRINCESS ANNE
The following conditions shall be required:
1. The organized use of the baseball field shall be limited to the hours between 5:00 p.m. to
dusk, Monday through Friday, and between 9:00 a.m. to dusk on Saturday and Sunday.
2. The number of baseball games on the weekend shall be limited to one(1)game two(2), six
(6) inning games per day with the same two (2) teams and no more than sixteen (16)
weekends per calendar year.
3. The baseball field shall not be leased or rented for profit.
4. A net, minimum of fifteen (15)feet in height, shall may be installed along the southern
portion of the property line for the entire length of the baseball field.
5. Outdoor lighting shall not be permitted.
6. Amplified music or audio speaker shall not be permitted.
7. Banners and signs shall not be permitted.All existing banners and signs shall be removed
from the property.
8. No more than thirty(30) vehicles shall be permitted on site at any one time.
9. Parking for this use shall be limited to the subject property driveway and not within the
public right-of-way.
10. A barrier shall be placed in a manner that impedes use of the shared driveway along
Blackwater Road by those attending practices and games. During games and practices,
vehicular access to site shall be limited to Blackwater Loop. Vehicular access shall not be
permitted from the shared driveway from Blackwater Road.
11. Subject to Section 221(k) of the Zoning Ordinance, an annual review of the Outdoor
Recreation Facility Conditional Use Permit, based on the date of City Council approval,
shall be performed by the Planning Director or his designee to assure that the use does not
conflict with any adjacent land uses.
May 18, 2021
60
ITEM— VLJ.11
PLANNING
ITEM#71630
(Continued)
12. Prior to operation of the field, the applicant shall obtain all necessary permits from the
City for improvements on site that were completed without obtaining the proper building
or site development permit.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18`h day of May Two Thousand
Twenty One.
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
1LI
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0 80160 320 480 640 800 960
61
ITEM— VLJ.12
PLANNING
ITEM#71631
Upon motion by Vice Mayor Wood, seconded by Council Member Henley, City Council APPROVED, BY
CONSENT,Application of CITY OF VIRGINIA BEACH—Ordinance to AMEND City Zoning Ordinance
(CZO) Sections 207 and 232 re distinguish between an administrative and standard review process and
determine associated fees for communication towers, small cell facilities, and building mounted
antennas
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
1 AN ORDINANCE TO AMEND SECTIONS 207 AND
2 232 OF THE CITY ZONING ORDINANCE
3 PERTAINING TO COMMUNICATION TOWERS
4
5 Sections Amended: §§ 207 and 232 of the City Zoning
6 Ordinance
7
8 WHEREAS, the public necessity, convenience, general welfare and good zoning
9 practice so require;
10
11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13
14 That Sections 207 and 232 of the City Zoning Ordinance are hereby amended and
15 reordained to read as follows:
16
17 Sec. 207. - Building-mounted antennas, small wireless facilities and temporary
18 communication towers.
19
20 (a) The following provisions shall apply to building-mounted antennas in all districts
21 in which they are permitted, :
22 (1) Antennas shall, through the use of screening, colorization, placement,
23 design, or any combination thereof, be as visually unobtrusive as is
24 reasonably practicable;
25
26 . . . .
27
28 (b) The following provisions shall apply to small wireless facilities placed on an
29 existing structure, other than those located on public rights-of-way or other public
30 property or in the interior of a building, in all districts in which they are permitted:
31
32 (1) Application requirements. Applications for small wireless facilities may
33 encompass multiple sites up to thirty-five (35) on a single application,
34 provided that all such sites are located within a single, discrete area of the
35 city. Applications shall include: (i) a plan showing the proposed location by
36 Geographic Parcel Identification Number (GPIN) of each small wireless
37 facility, and a diagram or other suitable representation of the proposed
38 location of each such facility on a building or structure, showing the
39 dimensions of each facility, its height from ground level and the type of
40 building or structure on which each such facility is to be affixed; (ii)
41 photographs or accurate renderings, including correct colors and exact
42 dimensions, of each type of proposed small wireless facility; (iii) a
43 statement signed by a professional engineer licensed in the
44 Commonwealth of Virginia the proposed facilities comply with all
45 applicable Federal Communications Commission regulations, including,
46 without limitation, regulations pertaining to the emission of radio frequency
47 radiation; and (iv) such additional information as the planning director may
48 reasonably require in order to determine whether the requirements of this
49 section are met.
50
51 (2) Such facilities should attempt to be substantially concealed from view by
52 means of painting or tinting to match the surface of the building or other
53 structure to which they are affixed or by other suitable method, such as by
54 flush-mounting or integration into the design elements of the building or
55 structure.
56
57 (c) Special provisions for temporary communication towers. Temporary
58 communication towers meeting the requirements of this subsection shall be
59 allowed as principal uses where so provided by the regulations of the district in
60 which they are located:
61
62 . . . .
63
64 (8) Unless allowed by conditional use permit, no No temporary
65 communication tower shall be allowed east of Pacific Avenue from 4th
66 Street to 42nd Street.
67 . . . .
68
69 Sec. 232. — Communication towers; communication
70 towers affixed to electric transmission line structures; small cell faciliticz.
71
72 (k) Locational and design requirements. In determining whether to grant or deny an
73 application under administrative review or standard process for a communication
74 tower or other wireless telecommunications equipment, the city council or Planning
75 Department staff shall give primary consideration to the following factors:
76
77 . . . .
78
79 (2) Whether the applicant proposes to locate a new structure or to co-locate a
80 wireless facility, in an area where all cable and public utility facilities are
81 required to be placed underground by a date certain or encouraged to be
82 undergrounded as part of a transportation improvement project or rezoning
83 proceeding as set forth in objectives contained in a comprehensive plan, if:
84
85 . . . .
86
87 b. The locality city allows co-location. . . .
88
89 c. The locality city allows the replacement. . . .
90
91 (n) Reporting. That any publicly-owned. . .provide to the Department of H g
92 Plannina and Community Development a report. . .
93
94 (s) Special provisions for communication towers affixed to electric transmission line
95 structures and building-mounted antennas.
96
97
98
99 {2) Communication towers affixed to electric transmission line structures and
100
101
102 .
103
104 (t) Temporary communication towers not meeting the requirements of section 207 may
105 be allowed as conditional uses where so provided by the regulations of the district in
106 which they are located. Small wirelesc facilities not placed on existing structures may be
107 allowed as conditional uses where so provided by the regulations of the district in which
108 they are located.
109
110 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day
111 of May , 2021.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
z�,A./ lC'6y
l
Planning De rtment City Attorney's Office
CA15366
R-1
March 31, 2021
62
ITEM— VLJ.13
PLANNING
ITEM#71632
Upon motion by Vice Mayor Wood, seconded by Council Member Henley, City Council APPROVED, BY
CONSENT,Application of CITY OF VIRGINIA BEACH—Ordinance to AMEND City Zoning Ordinance
(CZO)Sections 301, 401, 501, 601, 701, 801, 901, 1001, 1501, 1521, 1531,2203 and the Oceanfront Resort
District Form Based Code Sections 5.2, 5.2.16 and 5.3.17 re communication towers, small cell facilities,
building mounted antenna and temporary towers
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
1 AN ORDINANCE TO AMEND THE CITY ZONING
2 ORDINANCE SECTIONS 301, 401, 501, 601, 701, 801,
3 901, 1001, 1501, 1521, 1531, 2203 AND SECTIONS
4 5.2, 5.2.16 AND 5.3.17 OF THE FORM BASED CODE,
5 OCEANFRONT RESORT DISTRICT PERTAINING TO
6 COMMUNICATION TOWERS, SMALL CELL
7 FACILITIES, BUILDING MOUNTED ANTENNA AND
8 TEMPORARY TOWERS
9
10 Sections Amended: §§ 301, 401, 501, 601, 701,
11 801, 901, 1001, 1501, 1521, 1531, and 2203 of
12 the City Zoning Ordinance
13
14 §§ 5.2, 5.2.16 and 5.3.17 of the Form Based Code
15
16 WHEREAS, the public necessity, convenience, general welfare and good zoning
17 practice so require;
18
19 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
20 BEACH, VIRGINIA:
21
22 That Sections 301, 401, 501, 601, 701, 801, 901, 1001, 1501, 1521, 1531, and
23 2203 of the City Zoning Ordinance and Sections 5.2, 5.2.16 and 5.3.17 of the Form
24 Based Code are hereby amended and reordained to read as follows:
25
26 Sec. 301. - Use Regulations.
27
28 (a) Principal and conditional uses. The following chart lists those uses permitted within
29 the P-1 Preservation District. Those uses and structures shall be permitted as either
30 principal uses indicated by a "P" or as conditional uses indicated by a "C." No uses
31 or structures other than as specified shall be permitted.
32
Use P
1
Building-mounted antennas meeting the requirements of section 207 P
Communication towers meeting the requirements of section 232 as administrative p
review eligible projects
Communication towers-standard process C
Small wireless facilities meeting the requirements of section 207 P
Temporary communication towers meeting the requirements of section 207 P
Temporary communication towers not meeting the requirements of section 207
33
34 Sec. 401. - Use regulations.
35
36 (a) Principal and conditional uses. The following chart lists those uses permitted within
37 the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the
38 respective agricultural districts shall be permitted as either principal uses indicated
39 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by
40 an "X" shall be prohibited in the respective districts. No uses or structures other
41 than as specified shall be permitted.
42
Use AG- AG-
1 2
I i
Building-mounted antennas meeting the requirements of section 207 P P
Building-mounrted antennas other than those meeting h-e ro irements of
section 207
Communication towers meeting the requirements of administrative review
projects section 232 and temporary communication towers meeting the P P
requirements of section 207
i j
Communication towers -standard process other than those meeting the
requirements of section 232(j) and temporary communication towers other C C
than those meeting the requirements of section 207
Small wireless facilities meeting the requirements of section 207 P P
Small wireless facilities not placed on existing structures c-P �P
43
44 Sec. 501. — Use regulations.
45
46 (a) Principal and conditional uses. The following chart lists those uses permitted within
47 the R-40 through R-2.5 Residential Districts. Those uses and structures in the
48 respective residential districts shall be permitted as either principal uses indicated
49 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by
50 an "X" shall be prohibited in the respective districts. No uses or structures other
51 than as specified shall be permitted.
52
Residential Districts
Uses R- R- R- R- R- R- R- R- R- R-
40 30 20 15 10 7.5 5D 5R 5S 2.5
Communication towers meeting the
requirements of administrative review eligible
project section 232(j) and temporary PPPPPP PP PP
communication towers meeting the
requirements of section 207
[Communication towers-standard process other
than those meeting the requirements of section C C C C C C C C CC
232(j) and temporary communication towers
other than those meeting the requirements of i
section 207
Small wireless facilities not placed on existing 6
structures X X X X X X X
P P P
53
54 Sec. 601. — Use regulations.
55
56 (a) Principal and conditional uses. The following chart lists those uses permitted within
57 the A-12 through A-36 Apartment Districts. Those uses and structures in the
58 respective apartment districts shall be permitted as either principal uses indicated
59 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by
60 an "X" shall be prohibited in the respective districts. No uses or structures other
61 than as specified shall be permitted.
62
Use A- A- A- A-
12 18 24 36
Building-mounted antennas meeting the requirements of section 207 PPPP
of section 207 S 6
'Communication towers meeting the requirements of administrative
eligible project section 232(j) and temporary communications towers PPPPP
meeting the requirements of section 207
Communication towers standard process other than +hose mooting the
requirements of section 232(j) and temporary communication towers CC CC
other than those meeting the requirements of section 207
Small wireless facilities meeting the requirements of section 207 PPPP
GGGG
Small wireless facilities not placed on existing structures
PPPP
63
64 Sec. 701. — Use regulations.
65
66 (a) Principal and conditional uses. The following chart lists those uses permitted within
67 the H-1 Hotel District. Those uses and structures in the district shall be permitted as
68 either principal uses indicated by a "P" or as conditional uses indicated by a "C."
69 Uses and structures indicated by an "X" shall be prohibited in the district. No uses
70 or structures other than as specified shall be permitted.
71
Use Fi
1
Building-mounted antennas, meeting the requirements of section 207 P
207
Communication towers meeting the requirements of administrative review eligible
project section 232(j) and temporary communication towers meeting the P
requirements of section 207
Communication towers, standard process other than those meeting the
P
those meeting the requirements of section 207
Small wireless facilities meeting the requirements of section 207 P
Small wireless facilities not placed on existing structures 6
72
73 Sec. 801. — Use regulations.
74
75 (a) Principal and conditional uses. The following chart lists those uses permitted within
76 the 0-1 and 0-2 Office Districts. Those uses and structures in the respective office
77 districts shall be permitted as either principal uses indicated by a "P" or as
78 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall
79 be prohibited in the respective districts. No uses or structures other than as
80 specified shall be permitted.
81
Use O- O-
1 2
Building-mounted antennas meeting the requirements of section 207 P P
Building mounted antennas other than those meeting the requirements of
section 207 O O
Communication towers meeting the requirements of administrative eligible
protect section 232(j)and temporary communication towers meeting the P P
requirements of section 207
Communication towers standard process other than those meeting the
,C C
those meeting the requirements of section 207
Small wireless facilities meeting the requirements of section 207 P P
1 O 6
82
83 Sec. 901. — Use regulations.
84
85 (a) Principal and conditional uses. The following chart lists those uses permitted within
86 the B-1 through B-4K Business Districts. Those uses and structures in the
87 respective business districts shall be permitted as either principal uses indicated by
88 a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an
89 "X" shall be prohibited in the respective districts. No uses or structures other than
90 as specified shall be permitted.
91
B- B- B- B- B- B- B
Use 1 1A '2 3 4 4C '4K
Building mounted antennas other than those meeting the GG GGGG6
requirements of section 207
Communication towers meeting the requirements of
administrative review eligible project section 232(j) and PP PPPP P
temporary communication towers meeting the requirements
of section 207
;Communication towers standard process
'meeting the requirements of section 232(j) and temporary X C CCCC X
communication towers other than those meeting the
requirements of section 207
Small wireless facilities meeting the requirements of section PP PPPP P
207
6 6 6 6 6 6
92
93 Sec. 1001. — Use regulations.
94
95 (a) Principal and conditional uses. The following chart lists those uses permitted within
96 the I-1 and 1-2 Industrial Districts. Those uses and structures in the respective
97 industrial districts shall be permitted as either principal uses indicated by a "P" or as
98 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall
99 be prohibited in the respective districts. No uses or structures other than as
100 specified shall be permitted.
101
Use I- I-
1 2
Building-mounted antennas meeting the requirements of section 207 P P
207 S 6
Communication towers meeting the requirements of administrative review eligible
project section 232(j) and temporary communication towers meeting the P P
requirements of section 207
Communication towers standard process other than those mccting the
C C
those meeting the requirements of section 207
Small wireless facilities meeting the requirements of section 207 P P
G
102
103 Sec. 1501. — Use Regulations.
104
105 (a) The following chart lists those uses permitted within the RT-1 Resort Tourist District
106 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by
107 a "C." Conditional uses shall be subject to the provisions of Part C of Article 2
108 (section 220 et seq.). No uses or structures other than those specified shall be
109 permitted. All uses, whether principal or conditional, should to the greatest extent
110 possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines.
111
Use RT-
1
Building-mounted antennas meeting the requirements of section 207 P
Building mounted antennas other than those meeting the requirements of section ,O
207
Small wireless facilities meeting the requirements of section 207 P
Small wirelesv facilities not placed on existing structures
112
113 Sec. 1521. — Use regulations.
114
115 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District
116 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by
117 a "C." Conditional uses shall be subject to the provisions of Part C of Article 2
118 (section 220 et seq.). Except for single-family, duplex, semidetached and attached
119 dwellings, buildings within the RT-3 District may include any principal or conditional
120 uses in combination with any other principal or conditional use. No uses or
121 structures other than those specified shall be permitted. All uses, whether principal
122 or conditional, should to the greatest extent possible adhere to the provisions of the
123 Special Area Design Guidelines (Urban Areas) set forth in the Reference Handbook
124 of the Comprehensive Plan.
125
Use RT-
3
Building-mounted antennas meeting the requirements of section 207 P
iBuilding-mounted antennas other then those meeting the requirements of section G
207
Communication towers standard process C
Communication towers meeting the requirements of administrative review eligible ,P
projects
Small wireless facilities meeting the requirements of section 207 P
Small wirelese facilities not placed on existing structures
Temporary communication towers meeting the requirements of section 207 P
Temporary communication towers other than those meeting the requirements of
section 207
126
127 Sec. 1531. — Use regulations.
128
129 (a) Principal uses and structures:
130 (0.5) Building-mounted antennas meeting the requirements of section 207;
131 . . . .
132
133 (4) Small wireless facilities meeting the requirements of section 207.
134
135
136
137 Sec. 2203. — Use regulations.
138
139 (a) The following chart lists those uses permitted within the Central Business Core
140 District. Uses and structures shall be allowed either as principal uses, indicated by a
141 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an
142 "X" shall be prohibited, unless allowed by special exception for Alternative
143 Compliance pursuant to section 2205. No uses or structures other than as specified
144 herein or as allowed pursuant to subsection (b) shall be permitted.
145
Use District
CBC
Building-mounted antennas meeting the requirements of section 207 P
ccction 207 6
Communication towers meeting the requirements of administrative review
eligible project section 232(j) and temporary communication towers meeting P
the requirements of section 207
Communication towers standard process
section 232(j) and temporary communication towers not meeting the C
requirements of section 207
Small wireless facilities meeting the requirements of section 207 P
146
147 APPENDIX 1 TO CITY ZONING ORDINANCE - OCEANFRONT RESORT DISTRICT
148 FORM-BASED CODE
149
150 Sec. 5.2 Permitted Use Table
151
MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC
BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING
Ground Upper Ground Floor All Floors Ground Upper Use
USE Floor Floors Floor Floors All Floors All Floors Standar
/Notes
OTHER
Building-mounted antenna -- L L L L L L L See
Communication tower -- C
152 . . . .
153
154 Sec. 5.3.16 Building-Mounted Antenna
155
156 Building-Mounted Antenna Building-mounted antennas meeting the requirements of
157 Sec. 207 are allowed as principal uses; building mounted antennas not meeting the
158 requirome e-ofSec.229 e lowed as conditional ,,sec,
159
160 Sec. 5.3.17 Small Wireless Facility
161
162 Small wireless facilities meeting the requirements of Sec. 207 are allowed as principal
163 uses, and small wirolesc facilities not placed on existing structures aro allowed as
164 on the building types designated in Sec. 5.2 or on utility poles other
165 than those in the public right-of-way unless allowed pursuant to franchise agreement.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day
of May , 2021.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
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Planning Dep rtmenf City Attorney's Office
CA15367
R-2
March 31, 2021
63
ITEM— VLK.
APPOINTMENTS
ITEM#71633
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
2040 VISION TO ACTION COMMUNITY COALITION
ARTS AND HUMANITIES COMMISSION
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
CHESAPEAKE BAY PRESERVATION AREA BOARD
CLEAN COMMUNITY COMMISSION
COMMUNITY SERVICES BOARD
GREEN RIBBON COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
INVESTIGATION REVIEW PANEL
MINORITY BUSINESS COUNCIL
OPEN SPACE ADVISORY COMMITTEE
PROCESS IMPROVEMENT STEERING COMMITTEE
SOCIAL SERVICES ADVISORY BOARD
SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA
TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE
May 18, 2021
64
ITEM— VI.K.
APPOINTMENTS
ITEM#71634
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
BRENDA ROBERTS
Four year term 7/1/2021 —6/30/2025
ARTS AND HUMANITIES COMMISSION
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
65
ITEM— VLK.
APPOINTMENTS
ITEM#71635
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
WALLIS DAMON
Three year term 7/1/2021 —6/30/2024
BAYFRONT ADVISORY COMMISSION
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
66
ITEM— VLK.
APPOINTMENTS
ITEM#71636
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
WALTER CAMP
Three year term 7/1/2021—6/30/2024
and
APPOINTED
BARBARA M.HENLEY
(Council Member)
Four year term 7/1/2021 —6/30/2025
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
67
ITEM— VLK.
APPOINTMENTS
ITEM#71637
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
VERONICA COLEMAN
STEVE COVER
MICHAEL IMPREVENTO
ALFRED JACOCKS
SUSAN MAYO
SEAN MONTEIRO
THERESA ORR
KAREN PRUDEN
WILLIAM RICE
YUSUF TEJADA
PATRICIA WEST
No Term
CITIZENS REVIEW PANEL TASK FORCE
Voting: 6-3
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M. Henley, Louis R. Jones and Vice Mayor James L. Wood
Council Members Voting Nay:
Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
68
ITEM— VLK.
APPOINTMENTS
ITEM#71638
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
MICHAEL ANDERSON
CINDY CURTIS
Unexpired thru 9/30/2023
COMMUNITY SERVICES BOARD
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
69
ITEM— VI.K.
APPOINTMENTS
ITEM#71639
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
ROBIN FOREMAN-WHEELER
Four year term 7/1/2021 —6/30/2025
and
APPOINTED
CARRIE WAITES
Four year term 7/1/2021 —6/30/2025
SOCIAL SERVICES ADVISORY BOARD
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
70
ITEM— VI.K.
APPOINTMENTS
ITEM#71640
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
DELCENO MILES
Four year term 7/1/2021 —6/30/2025
TIDEWATER COMMUNITY COLLEGE
Voting: 9-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Absent:
John D. Moss
Rosemary Wilson
May 18, 2021
71
ADJOURNMENT
ITEM#71641
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7:36 P.M.
s Robert M. Dyer
Chief Deputy City lerk Vice Mayor
ands nes, MMC Robert M. Dyer
City Clerk Mayor
May 18, 2021