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JUNE 15, 2021 FORMAL SESSION MINUTES
�y�riw Bea 64447) U y J 5J re„ a • 9,FS � �� op OUR sorer, VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 15, 2021 Mayor Dyer called to order the CITY COUNCIL MEETING in the Virginia Beach Convention Center, Suite 5, on Tuesday,June 15, 2021, at 2:00 P.M. Council Members Present: Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Vice Mayor James L. Wood—Arrived during Closed Session 2 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE ITEM#71687 2:02 P.M. Mayor Dyer welcomed Latitia Shelton, Director of Finance. Ms. Shelton expressed her appreciation to City Council for their continued support: FY2o21 Interim Financial Statements ce Finance through May 31, 2021 June 15,2021 Here are the FY 2021 General Fund Revenues and Expenditures as of May 31 s`: FY 2021 General Fund Revenues and Expenditures May 31, 2021 ($ in millions) Budget XZQ Variance Revenues Local $ 1,002.9 $ 881.0 $ (121.9) State 162.2 93.8 (68.4) Federal 23.0 20.6 (2.4) Total Revenues $1,188.1 $ 995.4 $ (192.7) 83.8% Expenditures and Encumbrances: City Operations $ 773.0 $ 671.1 $ 101.9 City Capital Projects-Cash Funding 52.9 52.6 0.3 Trsf to Schools 459.5 420.7 38.8 Trsf to Schools-Capital Projects 27.2 23.7 3.5 Total Expenditures $1,312.6 $1,168.1 $ 144.5 89.0% Amounts appropriated from Fund Balance $ (124.5) (encumbrances,approved carryforwards and others) June 15, 2021 3 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE ITEM#71687 (Continued) Here is the FY 2021 General Fund Summary as of May 31': FY2021 General Fund Summary May 31, 2021 MARK 1000, ACTUAL REVENUES YTD*$995.4M/$1,388.1N OS.4% 07.4% ACTUAL EXPENDITURES YTD•$1,168.1 M/S1,312.6 M „.1 D.S4.// s-Yl t% OILS 00% 04J% r 72.0% BLS% 00.1% 68% 56-1% SL7%/r N'8% 40.2% SRO%mirk % 30.0% - MUM M,1% 41% sIV 32.3%.• 42.1% 30.0% /r 160% /y 20% Dye 12.0% 21I% 0.I% LO% 110% 1J% sap, 0% Ri Ms S.0 Oct MN Doc I.. Fab Mar Apr May , Here are the FY 2021 General Fund-Local Revenues as of May 31 s1: FY 2021 General Fund - Local Revenues May 31, 2021 ($ in millions) FY 2021 FY 2020 Budget YID !Ca Budget ETD In Local Revenues: Real Estate Taxes $ 581.0 $ 514.4 88.5% $ 558.7 $ 377.8 67.6% Personal Property Tax 104.7 68.3 65.2% 110.0 58.9 53.5% Other Local Taxes* 229.6 231.5 100.8% 251.0 219.3 87.4% Charges for Services 47.0 34.5 73.5% 44.7 35.7 79.8% Use of Money and Property 7.3 3.3 45.0% 9.7 5.5 56.6% Fines and Forfeitures 4.3 2.9 67.1% 4.4 3.3 75.7% Other Local Revenue 6.2 4.8 77.5% 5.5 5.0 90.9% Transfers 22.8 21.3 93.5% 31.5 11.7 37.1% Total Local Revenue $ 1,002.9 $ 881.0 87.8% $ 1,015.5 $ 717.2 70.6% *Some examples of other local taxes are:Sales,Meal,Hotel,Utility and Telecommunications Taxes June 15, 2021 4 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE ITEM#71687 (Continued) Here are the FY 2021 General Fund-Other Local Taxes as of May 31 st: FY 2021 General Fund - Other Local Taxes May 31, 2021 ($ in millions) FY 2021 FY 2020 )3udget YTD Budget 1:D2 I, Other Local Taxes: Sales Tax $ 63.2 $ 64.9 102.8% $ 66.7 $ 57.2 85.8% Utility Tax 25.4 21.2 83.5% 26.2 21.0 80.1% Telecommunications 20.3 16.5 81.1% 23.4 18.0 77.1% Business License 46.3 53.3 115.2% 51.9 52.2 100.5% Automobile License 11.6 9.0 78.2% 11.7 8.2 70.0% Hotel 5.8 6.7 116.3% 7.8 6.4 82.6% Meal 37.0 36.8 99.3% 41.0 37.2 90.8% Cigarette 9.0 8.0 88.1% 10.4 8.7 83.7% Misc.Local Taxes 11.0 15.1 137.6% 11.9 10.3 86.9% Total Other Local Taxes $ 229.6 $ 231.5 100.8% $ 251.0 $ 219.3 87.4% Here are the Trustee Taxes June through May 2021 v 2020: Trustee Taxes June through May 2021 vs 2020 lucre lyyl . .2 Oct M_or Dec lm 6eb Mrn Subtotal Hotel: 2019/2020 $ 3,525,465 $ 5,276,334 $ 6,663,567 $ 6,332,151 5 3766,607 $ 2721902 $ 1,186,402 $ 959940 $ 826,538 5 382622 $ 665,284 $ 375137 $3279;949 2020/2021 2823,285 4,100,503 4,822551 5,974,441 3954,470 2558,617 1254,756 947,247 257,830 2687,319 1814,080 2,548.230 5 30253,329 Difference r..111.60 (1,762,030) (2175,831) )2862016) (357,710) (312,137) (364,285) 68354 (12693) )568,708) 2296697 1,128,756 2,171093 (1538621) -49% -l2% -ffi% -6% -8% •10% 6% •1% -69% 330% 165% S79% -5% rune 1 Oct „ov Dec _ f_b Mar 40.1 6.49 Subtotal Meal: 2019/220 6,316715 6,919,767 6,917,363 5,432762 5,490,327 5,623,219 5,010,996 3,M1927 4,2,7,223 05.986 2020/2021 15540,479 843,992 6,014,374 6,082,066 5,896,100 5,023,292 5,275,5. 5,222,863 1,314,453 6,646103 ,062463 Difference'fr.'. (4,n4,236) 16,075,n5) mum) (296,171) )522599) (409470) (214,863) (400,336) (1696,543) 5,210,974 2348880 3,696605 (6,013,522) M% 8896 -13% 5% e% -8% 6% 7% -7416 1491 55% 131% 9% Admission.: 2019/2020 748.364 1,454,865 1,366,934 982999 6,718 353,594 236,083 2020/2021 69;24 210,284 467,693 315,228 337,723 265,191 202775 201,58 41580 229,226 243,125 432694 3,022513 077378638 4,0 0,1 (678930) (1244,581) 1899,243) (667,771) (34,339) (411,527) )236,586) (288.690) 1os,014) 17206 7,042 394,658 (4,347,579) General Sales: 91% -S.-8 66% 68% 9% -6196 54% So% 86% 8% 3% 101. 59% 2019/2020 5,459,852 6,006,400 6,018,683 7,471999 6376487 5,770,418 5,531,769 6,349.238 5,972394 4,903,980 6416250 5,360,85 69,639,3 2020/2021 4,906,028 5.715900 6,704,903 7,065,459 6,705,539 6.432,882 6,153,265 5,919383 7743,877 5,581,569 5,351,091 7,250,845 75.530,257 Difference r..lu.n.l $ (553624)$ (291,46)$ 686,226 $ (386,540)5 332052 5 642 29 64 $ 620,516 $ (4855)$ 2271443 5 677,589 5 932831 $ 1,890.536 $ 5,891,478 3. ,5% 1116 •596 514 1196 11% -76 30% 14% 21% 3516 81 Note:February Meal Taxes of$4.4M and Hotel Taxes of$.7M posted in March. June 15, 2021 5 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE ITEM#71687 (Continued) Here are the Hotel Taxes June through May 2021 v 2020: Hotel Taxes June through May 2021 vs 2020 SS,000,000 S7,000,000 56,000.000 $5,000,000 $4,000,000 S3,000,000 52,000,030 51,000,000 So June July Aug Sep Oct Nov Dec Jan Feb Mar Apr May 2019/2020 —2020/2021 — —2020/2021-Constant S Here are the Meal Taxes June through May 2021 v 2020: Meal Taxes June through May 2021 vs 2020 $8,500,000 $7,500,000 $6,500,000 $5,500,000 $4,500,000 $3,500,003 $2,500,000 $1,500,000 $500,000 June July Aug Sep Oct Nov Dec Jan Feb Mar Apr May 2019/2020 2020/2021 — —2020/2021-Constant S June 15, 2021 6 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE ITEM#71687 (Continued) Here are the FY 2021 General Fund-Expenditures as of May 31s1: FY 2021 General Fund - Expenditures May 31, 2021 ($in millions) FY 2021 FY 2020 Budget 11I2 °1n Budget ETD °ln Expenses and Encumbrances Salaries' $ 293.7 $ 263.9 89.9% $ 312.5 $ 274.0 87.7% Fringe Benefits' 114.7 98.9 86.2% 110.1 95.1 86.4% Other Operating Expenses' 233.7 202.4 86.6% 193.0 157.4 81.6% Leases 10.0 9.1 90.3% 8.5 5.2 61.8% Capital Outlay 10.1 8.1 80.6% 9.9 8.4 84.9% Transfers 580.9 533.9 91.9% 564.3 529.0 93.7% Debt Service 57.7 51.8 89.8% 54.4 52.0 95.5% Reserve for Contingencies 3 11.9 - 0.0% 13.7 - 0.0% Total Expenditures $ 1,312.6 $ 1,168.1 89.0% $ 1,266.4 $ 1,121.1 88.5% FY2021 includes Hazard,Emergency Responders and Appreciation Pay-$2.0M 2 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 • Total allocations for City of Virginia Beach-$136.4 M • Coronavirus State Recovery Fund(County amount)-$87.4 M • Coronavirus Local Recovery Fund(City amount)-$49 M • First tranche payment of$68.2 M received June 14,2021 • Coronavirus State Recovery Fund(County amount)-$43.7 M • Coronavirus Local Recovery Fund(City amount)-$24.5 M June 15, 2021 7 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE ITEM#71687 (Continued) Here are the Next Steps: Next Steps Preliminary End of FY 2021 August 17, 2021 FY 2022 July and August Update September 21, 2021 Mayor Dyer expressed his appreciation to Ms. Shelton for the presentation. June 15, 2021 8 CITY COUNCIL DISCUSSION INITIATIVES ITEM#71688 2:15 P.M. There were no City Council Initiatives. June 15, 2021 9 CITY COUNCIL COMMENTS ITEM#71689 2:15 P.M. Council Member Moss advised real estate values are up 14%and used cars are up 29%due to the shortage of new cars which may lead to an over performance on property taxes. Council Member Moss further advised on July 1, 2021,parents with children between the ages of six(6)and seventeen (17), will receive $250.00 per month and $300.00 per month if the child is under the age of six (6) and requested City Manager Duhaney look into how transactional revenues will be impacted and include those calculations in the five-year budget. Council Member Moss requested information concerning the cost of infrastructure to be discussed during the next City Council Retreat. June 15, 2021 10 CITY COUNCIL COMMENTS ITEM#71690 (Continued) Mayor Dyer expressed the Body's sympathy to the Moss Family for the loss of Council Member Moss's mother who passed away. Council Member Moss expressed his appreciation to the Body as well as those in the community who have reached out to him. June 15, 2021 11 CITY COUNCIL COMMENTS ITEM#71691 (Continued) Council Member Wooten expressed her appreciation to the staff who provided exceptional support during the June 12`h Ignite Business Series Event, as well as the dynamic speakers who provided information to approximately eighty vendors and participants in attendance and 777 online viewers. June 15, 2021 12 CITY COUNCIL COMMENTS ITEM#71692 (Continued) Council Member Henley asked if the City has resumed normal business as before the pandemic or if there are still limitations? City Manager Duhaney advised he has directed departments to return to pre pandemic operations by the end of the month. City Manager Duhaney advised he will send the Body more information on this as well as staffing levels. Council Member Moss requested to have information on any changes that have been made such as how many employees are permanently working from home, what extent that reduces facility requirements and how the facility requirements are reflected in budgetary requirements. Council Member Moss advised he supports employees working from home when feasible. Mayor Dyer expressed his appreciation to all of the staff who worked with tenacity and resolve to get the City through the pandemic. June 15, 2021 13 AGENDA REVIEW SESSION ITEM#71693 2:24 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: L ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND City Code Sections: a. 2-20 re location of City Council Meetings b. 2-83 re make Juneteenth a City Holiday (Requested by Mayor Dyer, Vice Mayor Wood, Council Members Abbott, Berlucchi, Henley,Jones, Rouse, Tower, Wilson and Wooten) 2. Resolution to ADOPT a Revised City Council Policy re remote participation by Council Members in Council Meetings (Requested by City Council) 3. Ordinance to AMEND and REORDAIN Ordinance re continue expanded outdoor restaurant seating until October 31, 2021 (Requested by Council Member Tower) 4. Resolution to DIRECT the City Manager to submit a grant application re Virginia Beach Trail (Requested by City Council) 5. Ordinance to AUTHORIZE extension of the employment contract re City Manager(Requested by City Council) 6. Ordinances re Compensation to City Council Appointees effective July 1, 2021: a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor 7. Ordinance to AMEND the 2021 Housing Choice Administrative Plan and AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plan Amendments to the U.S. Department of Housing and Urban Development(HUD) 8. Resolution to REQUEST the Voter Registrar apply for a waiver re administer split precincts for Pembroke, College Park,Sherry Park, and Baker precincts for 2021 election 9. Ordinance to AUTHORIZE the City Manager to EXECUTE Use Agreements for the use of a portion of City property located at the Dome Site re Megabus Northeast,LLC and FlixBus,Inc. 10. Ordinance to APPOINT three (3) viewers for one-year terms beginning July 1, 2021 re view each street or alley proposed to be closed June 15, 2021 14 AGENDA REVIEW SESSION ITEM#71693 (Continued) 11. Resolution to PROVIDE a workers'compensation presumption re salaried Emergency Medical Services(EMS)personnel 12. Resolutions to SUPPORT Revenue Sharing projects and AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT): a. #100183 First Colonial Road/Virginia Beach Boulevard Intersection Improvements b. #100318 Princess Anne Road Phase VII c. #100340 Rosemont Road Phase V d. #100356 Sandbridge Road—Nimmo Parkway Phase VH--A e. #100381 Shore Drive Corridor Improvement Phase III 13. Ordinance to AMEND FY2021-22 Housing and Neighborhood Preservation Operating and Capital Budgets re adjustments 14. Ordinances to ACCEPT and APPROPRIATE:: a. Ordinance $2,571,194 from the Virginia Office of Children's Services, TRANSFER $1,113,005 from the City Manager's Pandemic and Vaccine Support Reserve to the FY2020- 21 Human Services Operating Budget and AUTHORIZE the use of$313,925 of existing non- personnel funds re Children's Services Act program b. $91,812 from Federal Coronavirus Aid, Relief and Economic Security Act to the FY2020-21 Parks and Recreation Operating Budget re childcare programs 15. Ordinance to TRANSFER$33,303 from Capital Project#100424 "Traffic Safety Improvements III"to Capital Project#100212 `Independence Boulevard Baxter Road Sidewalk" L ORDINANCES/RESOLUTIONS: ITEM#1b WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARATELY ITEM#6a-e WILL BE CONSIDERED SEPARATELY June 15, 2021 15 AGENDA REVIEW SESSION ITEM#71693 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. OCEAN RENTAL PROPERTIES,LLCfor a Change in Nonconformity re redevelop the site with eight(8) new dwelling units where nine(9) exist at 416 Norfolk Avenue DISTRICT 6—BEACH 2. SOUTH LYNNHAVEN,LLCfor a Modification of Conditions re allow the vacation of easements to construct office use at 877 South Lynnhaven Road DISTRICT 3 — ROSE HALL (Approved August 13, 1984) 3. ROBIN GAUTHIER, CEO ON BEHALF OF SAMARITAN HOUSE, INC.! CATHOLIC DIOCESE OF RICHMOND VIRGINIA, EPISCOPAL DIOCESE OF SOUTHEASTERN VIRGINL4 for a Conditional Use Permit re group home at 1593 Lynnhaven Parkway DISTRICT 1 —CENTERVILLE(Deferred from May 18, 2021) 4. BPMS CASCADES 2,LLCfor a Conditional Use Permit re mini-warehouses at 2121 Centerville Turnpike DISTRICT 1 —CENTERVILLE 5. SH CAMPUS, LLC/ST LUKE'S UNITED METHODIST CHURCH for a Conditional Use Permit re group home at 3396 Stoneshore Road DISTRICT 3—ROSE HALL 6. DIANA BUHRMANN/MICHAEL KORNOELJE for a Conditional Use Permit re family day- care home at 998 Boughton Way DISTRICT 3—ROSE HALL 7. MISTIE WOOD for a Conditional Use Permit re family day-care home at 1105 Voss Court DISTRICT 7—PRINCESS ANNE 8. Ordinance to AMEND City Zoning Ordinance (CZO) Sections 210.2, 212, 215, 216 and 217 re signs and billboards 9. Ordinances re Short Term Rentals: a. AMEND City Zoning Ordinance (CZO) Section 102 re establish Short Term Rental Overlay Districts, East Shore Drive, North End and Oceanfront Resort (Requested by Vice Mayor Wood, Council Members Jones and Tower) b. 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 (Planning Commission Version) c. AMEND Sections 401, 501, 601, 901, 1110, 1125, 1521, and 2203 of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code re Requirements and Use of Short Term Rentals and Overlays(Planning Commission Version) d. AMEND Section 241.2 of the CZO re Short Term Rentals and establishing Additional Safety Requirements (Planning Commission Version) June 15, 2021 16 AGENDA REVIEW SESSION ITEM#71693 (Continued) e. ADD Article 23, Consisting of Sections 2300-2303, (Short Term Rental Overlay Districts) to the CZO, establishing Regulations and Requirements re Short Term Rentals in Each Overlay District(Planning Commission Version) f ESTABLISH Transitions Rules for the Review of Conditional Use Permits re Short Term Rentals in the Short Term Rental Overlays(Requested by Vice Mayor Wood, Council Members Jones and Tower) J.PLANNING ITEMS: ITEM#2 WILL BE CONSIDERED FOR DEFERRAL TO JULY 6,2021 VICE MAYOR WOOD WILL ABSTAIN ON ITEM#2 ITEM#5 WILL BE CONSIDERED SEPARATELY ITEM#9a f WILL BE CONSIDERED SEPARATELY June 15, 2021 17 ITEM#71694 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: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Beach District • Beach District • Beach District • Beach District • Beach District • Beach District • Princess Anne District 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 • Baust 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 June 15, 2021 18 ITEM#71694 (Continued) Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council voted to proceed into CLOSED SESSION at 2:35 P.M. Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Vice Mayor James L. Wood Break 2:35 P.M. — 2:42 P.M. Closed Session 2:42 P.M. — 5:21 P.M. June 15, 2021 19 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JUNE 15, 2021 6:00 P.M. Vice Mayor Wood called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Virginia Beach Convention Center, Suite 5, on Tuesday, June 15, 2021, at 6:00 P.M Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, John D. Moss, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer - Family Issue INVOCATION: Council Member Jones 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. June 15, 2021 20 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 identifi,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. June 15, 2021 21 ITEM— VLE CERTIFICATION ITEM#71695 Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 GpNIA•BEAc 0' ip E. 4 , 's ,I.c iz i J 0, OUR ..„00 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#71694 Page 18 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. Amanda Barns MMC City Clerk June 15, 2021 22 ITEM— VLF.1 MINUTES ITEM#71696 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council APPROVED, the MINUTES of the INFORMAL and FORMAL SESSIONS of June 1,2021 Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 23 ITEM— VLF.2 MINUTES ITEM#71697 Upon motion by Council Member Jones,seconded by Council Member Wilson, City Council APPROVED, the MINUTES of the SPECIAL SESSION of June 8,2021 Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Abstaining: John D. Moss Council Members Absent: Mayor Robert M. Dyer June 15, 2021 24 ITEM— VLG.1 PUBLIC COMMENT ITEM#71698 Vice Mayor Wood read the following statement: "By way of background, the General Assembly passed several bills last session that will require changes to the City's election system. The City is also defending litigation in federal court that challenges the election system. At this point in the legal case, the court has ruled that the City's system violates the federal Voting Rights Act and has instructed the City and the plaintiffs to propose a new system to remedy the violation. The City is pursuing an appeal of the court's decision. However, the City must also prepare to participate in the remedy phase of the case,and we are asking you to provide us with your thoughts on which one of two systems the City should submit to the court for consideration. In either case, the current At-Large system of election would be replaced by a Ward System where City Council candidates would be required to live in designated Wards or Super Wards and would be elected only by the registered voters in those Wards of Super Wards. The City can either propose a 10-District Ward system or a 7-3-1 Ward/Super Ward system that has seven Ward districts and three Super Wards. In either system, the Mayor would continue to be elected At-Large. With that framing of our discussion tonight, we invite the first speaker to the podium. Each speaker, whether speaking individually or on behalf of a group, will have three minutes to speak." Vice Mayor Wood requested City Attorney Stiles provide more information on the public notice that was sent out for this Public Comment. Attorney Stiles advised there have been questions concerning the timing of the receipt of the yellow post card which provided information on the election system topic for the June IS`briefing,June 8`h briefing and tonight's Public Comment. Attorney Stiles acknowledged the mailing was sent out very late and wanted to take this time to explain the circumstances. City Council directed the mailing of the post card to provide the public as much information as possible during a briefing provided by the City Attorney's Office on May 11`''. During the briefing, it was discussed that there may be a settlement in the litigation case, however, the settlement did not come to fruition until May 25h. Attorney Stiles advised on May 26th,final changes to the content for the post card were made and then sent to the U.S. Postal Service to be distributed. Attorney Stiles advised it was understood at that time the post card could take between seven (7) and ten (10) days to be delivered, unfortunately, through no fault of the City, the mailings took over two (2) weeks to be delivered. Attorney Stiles advised he received additional feedback concerning the link provided on the post card was not operable depending on the type of browser used;for those who used a browser which did not automatically insert "www.", in the search bar with the link, received a message that the page could not be found. Attorney Stiles apologized to the Body and Public and expressed his hope that people will understand the circumstances better and know it was unintentional. Vice Mayor Wood DECLARED a PUBLIC HEARING: Upcoming Changes to the City's Election System Resulting from the Recent Case of Holloway, et al. v. City of Virginia Beach and recent changes to Virginia State Law June 15, 2021 25 ITEM— VLG.1 PUBLIC COMMENT ITEM#71698 (Continued) The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Susan Hippen, 5909 Cold Harbor Court, Phone: 679-1286, spoke in SUPPORT of election changes Virginia Thompson, 4428 Sanibel Court#208, Phone: 366-9793, spoke in OPPOSITION to Super Wards Matthias Telkame, 2400 Deep Water Way, Phone: 972-310-2091, spoke in OPPOSITION to appeal Gary McCollum, 3901 Meeting House Road, Phone: 708-5987, spoke in SUPPORT of Ward System Henry Ruto, 408 Jasper Court, spoke in SUPPORT of Ward System Dr.James Allen 395 Old Great Neck Road, Phone: 449-8322, spoke in SUPPORT of Ward System Barry Nolan, 221 75m Street, Phone: 617-515-5177, spoke in OPPOSITION to appeal Tammy Mullins-Rice, 1010 Barnacle Court, Phone: 630-7097, spoke in SUPPORT of Ward System Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION to appeal Conrad Schesventer, 811 Sedley Road, Phone: 719-2113, spoke in SUPPORT of Ward System Jay Boone, Phone: 613-6971, spoke in SUPPORT of Ward System There being no additional speakers, Vice Mayor Wood CLOSED the PUBLIC COMMENT June 15, 2021 26 ITEM- VLH FORMAL SESSION AGENDA ITEM#71699 Vice Mayor Wood 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: la, 2, 3, 4, 7, 8, 9, 10, 11, 12a/b/c/d/e, 13, 14a/b and 15 and Planning Items J: 1, 2, 3, 4, 6, 7 and 8 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions I: la,2,3,4, 7, 8, 9,10,11,12a/b/c/d/e,13,14a/b and 15 and Planning Items J: 1,2 (DEFERRED TO JULY 6, 2021), 3, 4, 6, 7 and 8 Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer I. ORDINANCES/RESOLUTION: ITEM#lb WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARATELY ITEM#6a-e WILL BE CONSIDERED SEPARATELY J.PLANNING ITEMS: ITEM#5 WILL BE CONSIDERED SEPARATELY ITEM#9a-f WILL BE CONSIDERED SEPARATELY June 15, 2021 27 ITEM— Villa ORDINANCES/RESOLUTIONS ITEM#71700 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section: a. 2-20 re Location of City Council Meetings Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 1 AN ORDINANCE TO AMEND SECTION 2-20 OF THE CITY 2 CODE REGARDING THE LOCATION OF CITY COUNCIL 3 MEETINGS 4 5 WHEREAS, the City Council moved the location of its regular meetings to the 6 Virginia Beach Convention Center to allow for additional space to comply with public 7 health measures; 8 9 WHEREAS, the mass vaccination efforts have provided the opportunity for 10 residents to receive vaccines; 11 12 WHEREAS, the Governor has loosened certain public health measures; and 13 14 WHEREAS, the City Council desires to move the location of its regular meetings 15 back to the Council Chamber in City Hall. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA, THAT: 19 20 1. Section 2-20 of the City Code is hereby amended and reordained to read as 21 follows: 22 23 Sec. 2-20. Time and place of regular meetings. 24 25 (a) Regular formal meetings of the council shall be held in the Council Chamber of the 26 City Hall Building, Municipal Center , Virginia 27 Beach, Virginia, on the first and third Tuesdays of each month at 6:00 p.m., unless such 28 date shall fall upon a legal holiday. However, in July and December of each year, regular 29 meetings shall instead be held on the first two (2) Tuesdays of the month at 6:00 p.m. 30 The council may also convene informal meetings on the dates of regular formal meetings 31 at such times as the council may deem appropriate, and on the second and fourth 32 Tuesday of every month except July and December. Informal meetings, which shall be 33 held in the Council Chamber, , and at which no 34 votes shall be cast, shall be for the purpose of discussing matters of interest to the council, 35 and receiving briefings/reports from the city manager, city staff and city boards, 36 commissions, committees and other city agencies. Closed session may be convened in 37 the Conference Room adjacent to the Council Chamber. The city manager shall notify the 38 public of the times of such informal meetings in advance thereof. 39 40 ... 41 42 2. The City Clerk shall cause a copy of this ordinance to be posted on the door of 43 Suite 5 of the Virginia Beach Convention Center and a notice of the location 44 change to be published in a newspaper having general circulation at least seven 45 days prior to the first regular meeting at the Council Chamber of the City Hall 46 Building. 47 48 3. This ordinance shall be effective for all regular meetings after July 1, 2021. Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h day of June , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office` JCit ey's Office CA15457 R-2 May 26, 2021 28 ITEM— VLLlb ORDINANCES/RESOLUTIONS ITEM#71701 The following registered to speak: Mike Vasque did not respond Barbara Messner, P. O. Box 514, spoke in OPPOSITION Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION Upon motion by Council Member Wilson, seconded by Council Member Berlucchi, City Council ADOPTED Ordinance to AMEND City Code Section: b. 2-83 re make Juneteenth a City Holiday (Requested by Mayor Dyer, Vice Mayor Wood, Council Members Abbott, Berlucchi, Henley, Jones, Rouse, Tower, Wilson and Wooten) Voting: 9-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: Mayor Robert M. Dyer June 15, 2021 REQUESTED BY MAYOR DYER, VICE MAYOR WOOD, AND COUNCILMEMBERS ABBOTT, BERLUCCHI, HENLEY, JONES, ROUSE, TOWER, WILSON AND WOOTEN 1 AN ORDINANCE TO AMEND § 2-83 OF THE CITY CODE 2 TO MAKE JUNETEENTH A CITY HOLIDAY 3 4 Section Amended: § 2-83 5 6 WHEREAS, the Juneteenth holiday celebrates the emancipation of those who had 7 been enslaved in the United States; 8 9 WHEREAS, Juneteenth is commemorated on the anniversary date of the June 19, 10 1865, announcement of General Order 3 by Union Army general Gordon Granger, 11 proclaiming freedom from slavery in Texas; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 14 CITY OF VIRGINIA BEACH, VIRGINIA: 15 16 1. The City Code of the City of Virginia Beach is hereby amended and reordained 17 to amend § 2-83 to read as follows: 18 19 Sec. 2-83. — Holidays. 20 21 (a) The following days are designated as full-paid "holidays" and shall be so 22 observed by the city. All permanent and probational merit employees shall be 23 covered by the provisions of this section. 24 25 (1) The first day of January (New Year's Day). 26 (2) The third Monday in January (Martin Luther King Day). 27 (3) The last Monday of May (Memorial Day). 28 (4) The nineteenth day of June (Juneteenth). 29 (45) The fourth day of July (Independence Day). 30 (56) The first Monday of September (Labor Day). 31 (67) The eleventh day of November (Veterans Day). 32 (78) The fourth Thursday of November (Thanksgiving Day). 33 (8,9) The day after the fourth Thursday of November (the day after 34 Thanksgiving Day). 35 W0) The twenty-fourth day of December (Christmas Eve). 36 (a-911)The twenty-fifth day of December (Christmas Day). 37 (11) 38 (12) Three (3) flexible personal holidays (to be taken as a personal, 39 national, religious or other holiday the city does not observe). Part-time 40 employees shall not be eligible for these holidays. 41 42 If any holiday enumerated in subsections (1) through (10) above falls on a 43 Saturday or Sunday, the city manager shall determine when the holiday will 44 be observed and shall so notify affected employees and the public at least 45 thirty (30) days prior to the holiday. If no such notice is provided by the city 46 manager, then when any holiday enumerated in subsections (1) through 47 (10) above falls on a Saturday, the Friday next preceding such a day shall 48 be a holiday, and when any holiday enumerated in subsections (1) through 49 (10) above falls on a Sunday, the Monday next following such day shall be 50 a holiday. 51 52 (b) In addition to the holidays prescribed in subsection (a) above, any other 53 day so declared by the mayor shall be a holiday. 54 55 (c) Part-time employees shall receive time off with pay for the proportionate 56 part of the day which would have normally been worked. 57 58 (d) Employees who have been in a nonpay status for more than fourteen 59 (14) days prior to any holiday shall not be eligible for compensation for 60 holidays subsections (1) through (11) listed in paragraph (a) above. 61 62 2. The City Manager is hereby authorized to make such transfers of existing 63 appropriations to offset any increased costs (such as overtime) related to the 64 City holiday authorized herein. Adopted by the Council of the City of Virginia Beach, Virginia this 15 t Way of June , 2021. APPROVED AS TO LEGAL SUFFICIENCY: Office of the City Attorney CA15443 R-3 June 10, 2021 29 ITEM— VI.I.2 ORDINANCES/RESOLUTIONS ITEM#71702 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT,Resolution to ADOPT a Revised City Council Policy re remote participation by Council Members in Council Meetings (Requested by City Council) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION ADOPTING A REVISED POLICY FOR 2 REMOTE PARTICIPATION BY COUNCILMEMBERS IN 3 COUNCIL MEETINGS 4 5 WHEREAS, in March 2020, the City Council adopted a Policy for Remote 6 Participation by Councilmembers in Council Meetings ("Policy"), as authorized by the 7 Virginia Freedom of Information Act ("FOIA"); 8 9 WHEREAS, the Policy enables one or more councilmembers to participate from a 10 remote location in City Council meetings, so long as a quorum of the Council is physically 11 assembled at the meeting location, if: (1) the member is unable to attend the meeting 12 due to a temporary or permanent disability or other medical condition that prevents the 13 member's physical attendance ("medical reason"); or(2) the member is unable to attend 14 due to a personal matter, and the member identifies with specificity the nature of the 15 personal matter ("personal reason"); 16 17 WHEREAS, the Policy provides that participation for a personal reason is limited 18 to twice per year, but there is no limit with respect to participation for a medical reason; 19 20 WHEREAS, earlier this year, the FOIA was amended, effective July 1, 2021 , with 21 respect to remote participation in two ways: (1) a member may also participate remotely 22 in an unlimited number of meetings if a family member's medical condition required the 23 member to provide care for the family member, thereby preventing the member's 24 physical attendance; and (2) the limit on remote participation for a personal reason will 25 be two meetings per year or 25% of the meetings held per year, rounded up to the next 26 whole number, whichever is greater; 27 28 WHEREAS, the attached revised Policy includes those two changes in order to 29 make the Policy consistent with the change in law, effective July 1, 2021 . 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 32 OF VIRGINIA BEACH, VIRGINIA, THAT: 33 34 The City Council hereby adopts the attached revised policy, effective July 1, 2021. 35 Adopted by the City Council of the City of Virginia Beach, Virginia on the 15th day of June , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15473 R-1 June 4, 2021 a City e Council P olicy OUR M Title: Policy for Remote Participation by Councilmembers in Council Meetings Date of Adoption:March 31,2020 Dates of Revisions: Page 1 of 2 1.0 Purpose and Need The purpose of this policy is to enable members of the City Council to participate in City Council meetings remotely, by electronic communication means, in accordance with the Virginia Freedom of Information Act. 2.0 Policy It is the policy of the Virginia Beach City Council that individual members of the Council may participate in Council meetings by electronic means as permitted by Virginia Code § 2.2-3708.2 or its successor provision. This policy shall apply to the entire membership and without regard to the identity of the member requesting remote participation or the matters that will be considered or voted on at the meeting. 2.1 The Request and Eligibility Criteria Whenever an individual member wishes to participate from a remote location, the member shall notify the Mayor and Clerk on or preferably before the day of the meeting that (1) the member is unable to attend the meeting due to a temporary or permanent disability or other medical condition that prevents the member's physical attendance or due to a family member's medical condition that requires the member to provide care for such family member, thereby preventing the member's physical attendance ("medical reason"); or (2) the member is unable to attend due to a personal matter and the member identifies with specificity the nature of the personal matter ("personal reason"). Participation for a personal reason is limited to two meetings per calendar year or 25%of the meetings held per calendar year, rounded up to the next whole number, whichever is greater. 2.2 Quorum and Minutes Requirements A quorum of the Council must be physically assembled at the primary meeting location ir-girder-to enable remote participation by a member, and arrangements must be made for the voice of the remote participant to be heard by all persons at the primary meeting location. The reason that the member is unable to attend the meeting and the remote location from which the member participates shall be recorded in the meeting minutes. If the reason for the remote participation is fora medical reason, the minutes shall include a statement to that a temporary or permanent disability or other medical condition prevented the member's physical appearance attendance at the primary meeting location or that a family member's medical condition required the member to provide care for such family member, thereby preventing the member's physical attendance. attendance must be recorded -tThe minutes do not need to include, ' the specific disability or medical condition or, if applicable, the identity of the family member. If instead the member is unable to attend due to a personal reason, the minutes must include the specific nature of the personal matter. Title: Policy for Remote Participation by Councilmembers in Council Meetings Date of Adoption: Dates of Revisions: Page 2 of 2 2.3 Challenges If a member's proposed participation from a remote location is challenged by another member as being inconsistent with this policy, then the Council shall vote on whether to allow such participation. If the Council votes to disapprove the member's remote participation because such participation would violate this policy, such disapproval shall be recorded in the minutes with specificity. 30 ITEM— VLI.3 ORDINANCES/RESOLUTIONS ITEM#71703 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND and REORDAIN Ordinance re continue expanded outdoor restaurant seating until October 31, 2021 (Requested by Council Member Tower) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 REQUESTED BY COUNCILMEMBER TOWER 1 AN ORDINANCE TO AMEND AND REORDAIN 2 ORDINANCE #3616M TO CONTINUE EXPANDED 3 OUTDOOR RESTAURANT SEATING UNTIL 4 OCTOBER 31, 2021 5 6 WHEREAS, the City Council adopted Ordinance #3616M (ORD #3616M) on May 7 14, 2020, which is attached hereto as Exhibit A; 8 9 WHEREAS, ORD#3616M allowed the expanded use of outdoor restaurant seating 10 and authorized the City Manager or designee to issue temporary permits for the use of 11 public property provided such use complied with relevant public health, alcohol beverage 12 control, and public safety requirements; 13 14 WHEREAS, ORD #3616M requires temporary outdoor restaurant permits to expire 15 30 days after the expiration of the Statewide Declaration of Public Health Emergency; 16 and 17 18 WHEREAS, to allow certainty to the restaurant industry, the City Council desires 19 to amend and reordain ORD #3616M to provide a date certain for the expiration of the 20 temporary outdoor restaurant permits authorized by such ordinance; 21 22 NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA THAT: 24 25 ORD #3616M is hereby amended and reordained to provide all temporary outdoor 26 restaurant permits authorized by ORD #3616M shall expire on October 31 , 2021. All 27 other permissions and requirements of ORD #3616M shall continue in full force and 28 effect. • Adopted by the City Council of the City of Virginia Beach, Virginia, on this 15th day of June , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City A orney's Office CA15471 R-2 June 4, 2021 Exhibit A ORD 3b16IVI REQUESTED BY MAYOR DYER AND VICE MAYOR WOOD 1 AN ORDINANCE TO APPROVE EXPANDED USE 2 OF OUTDOOR RESTAURANT SEATING AND TO 3 AUTHORIZE THE CITY MANAGER TO APPROVE 4 TEMPORARY OUTDOOR DINING PERMITS 5 6 WHEREAS, by Executive Order No. 61, dated May 8, 2020, the Governor of 7 Virginia initiated Phase 1 of reopening restaurants from ordered closures due to the 8 COVID-19 Pandemic; 9 10 WHEREAS, as part of Phase 1, restaurants are permitted to reopen to the extent 11 they only have seating in outdoor spaces with limited capacity and adequate spacing; 12 13 WHEREAS, the Governor's Executive Orders have provided additional procedural 14 and regulatory discretion to the Virginia Alcoholic Beverage Control Authority, and 15 pursuant to such Executive Orders, the Authority has issued guidance for outdoor dining 16 in Topic 16, issued May 13, 2020; and 17 18 WHEREAS, the City Council desires to provide additional opportunities for Virginia 19 Beach restaurants to serve patrons during Phase 1 and subsequent loosening of 20 business restrictions, as provided herein. 21 22 NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA THAT: 24 25 1. The City Council hereby approves the expanded use of outdoor restaurant 26 seating provided the facilities comply with the Governor's Executive Orders, including but 27 not limited to Executive Orders 61 and 62 and any subsequent orders, and the rules 28 promulgated by the Virginia Alcoholic Beverage Control Authority, including but not limited 29 to Topic 16. 30 31 2. The City Council hereby authorizes the City Manager or designee to issue 32 temporary permits for use of public property for outdoor dining at restaurants during those 33 phases of reopening wherein the Governor has limited indoor serving of patrons in 34 restaurants. For purposes of this ordinance, the term "restaurant" shall mean an existing 35 business with a business license to operate as a restaurant. The permitted area for 36 outdoor dining shall be adjacent to, or in close proximity to, the restaurant. Any permit 37 authorized by this ordinance shall require the permittee to comply with applicable public 38 health, alcohol beverage control, and public safety requirements, including but not limited 39 to the requirements contained in the Governor's Executive Orders pertaining to COVID- 40 19 and related guidelines. 41 42 Such permit shall be in the form of a revocable license and of similar legal effect 43 as those encroachments authorized by Article VI of Chapter 33 of the City Code. The 44 permits may include any public property not otherwise necessary for safe and accessible 45 pedestrian, bicycle, or vehicular traffic. The permit shall require the same indemnity and 46 insurance provisions as those set forth in § 33-113(dX2) and (dX3) of the City Code. 47 48 No fee shall be assessed for the processing of permit applications, and it is the 413 desire of the City Council that City staff prioritize and process applications promptly. The 50 denial of such permit may be appealed to the City Manager, and the denial by the City 51 Manager may be appealed to the City Council. 52 53 3. Any authorization provided by this ordinance or permit issued pursuant to 54 this ordinance shall automatically expire thirty (30) days after the end of the Statewide 55 Declaration of Public Health Emergency unless sooner terminated. A permit may be 56 revoked for the noncompliance with any requirement of the permit, and the continued 57 occupancy of City property after revocation may be remedied in the same manner as 58 authorized for unlawful encroachments. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15070 R-5 May 13, 2020 31 ITEM— VI.I.4 ORDINANCES/RESOLUTIONS ITEM#71704 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT,Resolution to DIRECT the City Manager to submit a grant application re Virginia Beach Trail(Requested by City Council) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION TO DIRECT THE CITY MANAGER TO 2 SUBMIT A GRANT APPLICATION FOR THE VIRGINIA 3 BEACH TRAIL 4 5 WHEREAS, the Virginia Beach Trail (VB Trail) is a multi-purpose path that will be 6 located on the former Norfolk Southern railroad right-of-way; and 7 8 WHEREAS, the City Council desires that a grant application be made for the 9 federal RAISE funding opportunity for the VB Trail. 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA, THAT: 13 14 The City Manager is hereby directed to make a grant application for the VB Trail 15 in the upcoming RAISE funding opportunity, and the City Manager is authorized to use 16 existing funds to retain consultants and/or engineers in furtherance of such grant 17 application. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 5 t h day of June , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15472 R-3 June 9, 2021 32 ITEM— VLI.5 ORDINANCES/RESOLUTIONS ITEM#71705 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in SUPPORT Upon motion by Council Member Jones, seconded by Council Member Moss, City Council ADOPTED Ordinance to AUTHORIZE extension of the employment contract re City Manager (Requested by City Council) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 REQUESTED BY CITY COUNCIL 1 AN ORDINANCE TO AUTHORIZE EXTENSION OF THE 2 EMPLOYMENT CONTRACT FOR THE CITY MANAGER 3 4 WHEREAS, the City Council appointed Patrick Duhaney as City Manager in June 5 2020 and approved his employment contract for the term of July 20, 2020 to July 19, 6 2022; and 7 8 WHEREAS, the City Council desires to extend his contract by three years. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, THAT: 12 13 The Mayor is hereby authorized to execute the attached contract extension on 14 behalf of the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 t h day of June , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorneys Office CM 5474 R-1 June 4, 2021 33 ITEM— VI.I.6a ORDINANCES/RESOLUTIONS ITEM#71706 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in SUPPORT Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION Upon motion by Council Member Rouse, seconded by Council Member Wilson, City Council ADOPTED Ordinances re Compensation to City Council Appointees effective July 1, 2021: a. City Manager Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That the annual salary of the City Manager shall remain at $270,000, his car 12 allowance shall remain at $9,000 annually, and the City's contribution to his deferred 13 compensation account shall remain at $16,200. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 t h day of June , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15447 R-1 June 4, 2021 34 ITEM— VI.I.6b ORDINANCES/RESOLUTIONS ITEM#71707 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION Upon motion by Council Member Rouse, seconded by Council Member Wilson, City Council ADOPTED Ordinances re Compensation to City Council Appointees effective July 1, 2021: b. City Attorney Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY ATTORNEY 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That the annual salary of the City Attorney shall remain at $234,273, the City's 12 contribution to his deferred compensation plan shall remain at $10,000 annually, and his 13 car allowance shall remain at $10,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day of June , 2021 . APPROVED AS TO LEGAL SUFFICIENCY: 7- , _ City Attorney's Office CA 15448 R-1 June 4, 2021 35 ITEM— VLL6c ORDINANCES/RESOLUTIONS ITEM#71708 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in SUPPORT Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION Upon motion by Council Member Rouse, seconded by Council Member Wilson, City Council ADOPTED Ordinances re Compensation to City Council Appointees effective July 1, 2021: c. City Clerk Voting: 9-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: Mayor Robert M. Dyer June 15, 2021 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2021 , the annual salary of the City Clerk shall be $109,788, 12 and the City's contribution to her deferred compensation account shall remain at $6,000 13 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 t h day of June , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15449 R-1 June 4, 2021 36 ITEM— VLI.6d ORDINANCES/RESOLUTIONS ITEM#71709 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION Upon motion by Council Member Rouse, seconded by Council Member Wilson, City Council ADOPTED Ordinances re Compensation to City Council Appointees effective July 1, 2021: d. City Real Estate Assessor Voting: 9-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: Mayor Robert M. Dyer June 15, 2021 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That, effective July 1, 2021, the annual salary of the City Real Estate Assessor 13 shall be $159,194, and the City's contribution to his deferred compensation plan shall 14 remain at $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day of June , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15451 R-1 June 4, 2021 37 ITEM— VLL6e ORDINANCES/RESOLUTIONS ITEM#71710 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION Upon motion by Council Member Rouse, seconded by Council Member Wilson, City Council ADOPTED Ordinances re Compensation to City Council Appointees effective July 1, 2021: e. City Auditor Voting: 9-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: Mayor Robert M. Dyer June 15, 2021 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY AUDITOR 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; and 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1 , 2021, the annual salary of the City Auditor shall be $140,248, 12 and his car allowance shall remain at $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day of June , 2021 . APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15447 R-1 June 4, 2021 38 ITEM— VLL 7 ORDINANCES/RESOLUTIONS ITEM#71711 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the 2021 Housing Choice Administrative Plan and AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plan Amendments to the U.S. Department of Housing and Urban Development(HUD) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 1 AN ORDINANCE TO AMEND THE 2021 HOUSING CHOICE 2 VOUCHER ADMINISTRATIVE PLAN AND TO AUTHORIZE 3 THE CITY MANAGER TO EXECUTE AND SUBMIT THE 4 PLAN AMENDMENTS TO THE U.S. DEPARTMENT OF 5 HOUSING AND URBAN DEVELOPMENT 6 7 WHEREAS, the City's Department of Housing and Neighborhood Preservation 8 ("DHNP") operates the federally funded Housing Choice Voucher Program ("NOV"), 9 formerly known as the Section 8 Program; 10 11 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 12 requires agencies that operate HCV programs to submit an HCV Administrative Plan 13 which was previously approved; 14 15 WHEREAS, the City has been made aware of emergency housing vouchers 16 authorized by the American Rescue Plan Act ("ARPA"); and 17 18 WHEREAS,DHNP proposes edits to the HCV Administrative Plan that are needed 19 to utilize the emergency housing vouchers authorized by ARPA. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA, THAT: 23 24 1. The DHNP HCV Administrative Plan amendments to allow use of emergency 25 housing vouchers for the Housing Choice Voucher Program are hereby 26 approved, provided such amendments conform in all material aspects to the 27 Summary of Amendments attached hereto. 28 29 2. The City Manager is hereby authorized to execute and submit the plan 30 amendments and any certifications regarding such amendments to the U.S. 31 Department of Housing and Urban Development. Adopted by the Council of the City of Virginia Beach,Virginia on the 15th day of June 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: )7-) � . Housing & Neighborhood Preservation Ci yf�ftorn s Office CA15470 R-1 June 3, 2021 39 ITEM— VLI.8 ORDINANCES/RESOLUTIONS ITEM#71712 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Resolution to REQUEST the Voter Registrar apply for a waiver re administer split precincts for Pembroke, College Park,Sherry Park,and Baker precincts for 2021 election Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 1 A RESOLUTION TO REQUEST THE VOTER 2 REGISTRAR APPLY FOR A WAIVER TO 3 ADMINISTER SPLIT PRECINCTS 4 5 WHEREAS, § 24.2-307 of the Virginia Code mandates that "[e]ach precinct shall 6 be wholly contained within a single congressional district, Senate district, House of 7 Delegates district, and election district used for the election of one or more members of 8 the governing body or school board for the county or city"; 9 10 WHEREAS, the City has four precincts that are split among the Virginia House of 11 Delegate districts, Pembroke (Precinct 0039), College Park (Precinct 0041), Sherry Park 12 (Precinct 0061), and Baker(Precinct 0061) (collectively, the "Split Precincts"); 13 14 WHEREAS. the Virginia Code requires the City Council establish precinct 15 boundaries to be consistent with any congressional district, Senate district, House of 16 Delegates district, and local election district by June 15. 2021; 17 18 WHEREAS, due to the COVID-19 pandemic, the 2020 Census data has not been 19 received by the Commonwealth or the City; 20 21 WHEREAS, without updated Census data, the City is unable to establish precinct 22 boundaries that eliminate the Split Precincts by June 15, 2021; 23 24 WHEREAS, § 24.2-307 of the Virginia Code requires the City Council apply for a 25 waiver from the State Board of Elections to continue to administer the Split Precincts for 26 any election held in 2021. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA, THAT: 30 31 The City Council hereby requests and authorizes the Voter Registrar to apply, on 32 behalf of the City Council, for a waiver from the State Board of Elections pursuant to § 33 24.2-307 of the Virginia Code to administer Pembroke (Precinct 0039), College Park 34 (Precinct 0041), Sherry Park (Precinct 0061), and Baker(Precinct 0061)as split precincts 35 for any election held in 2021 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 15 t h day of June , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Voter Registrar C' ey's Office CA15453 R-1 June 1, 2021 40 ITEM— VLL9 ORDINANCES/RESOLUTIONS ITEM#71713 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE Use Agreements for the use of a portion of City property located at the Dome Site re Megabus Northeast,LLC and FlixBus,Inc. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE USE AGREEMENTS 3 FOR THE USE OF A PORTION OF CITY 4 PROPERTY LOCATED AT THE DOME SITE BY 5 MEGABUS NORTHEAST, LLC AND FLIXBUS, 6 INC. 7 8 WHEREAS, on April 18, 2017, City Council approved the use of the 9 former HRT Bus Transfer Site located at the Dome Site at the corner of Pacific Avenue 10 and 19th Street (the "Premises") by Megabus Northeast, LLC ("Megabus") for use as a 11 drop-off and pick-up location for bus service for up to five years; 12 13 WHEREAS, due to the pandemic, Megabus terminated its agreement with 14 the City for use of the Premises on July 24, 2020; 15 16 WHEREAS, Megabus now desires to restart its operations in the City and 17 has requested use of the Premises on the terms and conditions set forth in the 18 Summary of Terms, attached hereto as Exhibit A; 19 20 WHEREAS, FlixBus, Inc. ("FlixBus"), another commercial passenger bus 21 company, has approached the City about also using the Premises for drop-off and pick- 22 up; 23 24 WHEREAS, FlixBus has also agreed to the terms and conditions set forth 25 in the Summary of Terms; 26 27 WHEREAS, under the terms of the proposed use agreements with 28 Megabus and FlixBus, the City could terminate either party's right to use the Premises 29 when the Premises are needed for the start of construction of the Atlantic Park project 30 at the Dome Site; and 31 32 WHEREAS, the operations of Megabus and FlixBus in the City would 33 provide additional transportation options in the City's resort area for residents and 34 tourists. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA: 38 39 That the City Manager, or his designee, is hereby authorized to execute 40 use agreements with Megabus and FlixBus, each in accordance with the Summary of 41 Terms attached hereto as Exhibit A and made a part hereof, and such other terms, 42 conditions, and modifications as may be acceptable to the City Manager and in a form 43 deemed satisfactory by the City Attorney. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on this 46 15 t h day of June , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Depa ment City Attorney CA15232 \\vbgov.com\DFS 1\Applications\CityLawProd`cycom32\W pdocs\D010\P018\00074036.DOC R-1 June 4, 2021 EXHIBIT A SUMMARY OF TERMS OWNER: City of Virginia Beach (the "City") USERS: Megabus Northeast, LLC ("Megabus") and FlixBus, Inc. ("FlixBus") (each User will have a separate agreement) TERM: July 1, 2021 (or when a User resumes service, whichever is later) through December 31, 2021 (unless sooner needed for Atlantic Park) FEE: $1,061.21 per month, escalated by 2% monthly (based on fee Megabus was paying when prior agreement terminated) PREMISES: Former HRT Bus Transfer Site at the intersection of Pacific and 19th Street at the Dome Site (Portion of GPIN: 2427-17-0853) RIGHTS AND RESPONSIBILITIES OF USERS: • Use the Premises for the pickup and drop-off of Users' passengers, with each User only having the right to exclude other's use of the Premises two hours before and after scheduled pickup and drop-off times. • Keep sidewalks and streets adjacent to the Premises clean and free from trash and debris. • Users may install a trash can and up to two (2) benches at locations approved by the City at Users' sole cost and with Users bearing all operation and maintenance costs of such items. • Each User to indemnify the Owner for any and all damages to persons and property in connection with Users' use of the Premises • Maintain all appropriate permits, licenses and insurance required by state and local codes. • Pay all applicable taxes. RIGHTS AND RESPONSIBILITIES OF OWNER: • Have access to the Premises at any time, without prior notice, in the event of an emergency. • Maintain the right to grant easements and rights-of-way across, in, under and through the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: • The City may terminate the agreement upon thirty (30) days' written notice, for any reason, including if the City determines that the Premises are needed for construction of the Atlantic Park development at the Dome Site. 41 ITEM— VLI.10 ORDINANCES/RESOLUTIONS ITEM#71714 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPOINT three (3) viewers for one-year terms beginning July 1, 2021 re view each street or alley proposed to be closed Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2021, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-11.2 of the City Code provides that "[tjhree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" and 8 9 WHEREAS, it is the desire of City Council to appoint the Directors of the 10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1, 2021 and ending June 30, 2022. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Director of Planning, Director of Public Works and Director of Parks and 17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve 18 a one-year term beginning July 1, 2021 and ending June 30, 2022, to view each and 19 every application to close a street or alley, and to report in writing their opinion of what 20 inconvenience, if any, would result from discontinuing the street or alley or portion 21 thereof. Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h day of June , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: . Department f Planning City Attorney's Office CA15475 R-1 June 7, 2021 42 ITEM— VLL 11 ORDINANCES/RESOLUTIONS ITEM#71715 Upon motion by Vice Mayor Wood, seconded by Council Member Henley City Council ADOPTED, BY CONSENT, Resolution to PROVIDE a workers' compensation presumption re salaried Emergency Medical Services(EMS)personnel Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 1 A RESOLUTION TO PROVIDE A WORKERS' 2 COMPENSATION PRESUMPTION TO SALARIED 3 EMERGENCY MEDICAL SERVICES PERSONNEL 4 WHEREAS, the 2021 Special Session I Acts of Assembly Chapter 436 amended 5 § 65.2-402 of the Code of Virginia to allow localities to extend the workers' compensation 6 presumption as to death or any health condition or impairment resulting in total or partial 7 disability from hypertension or heart disease to salaried emergency medical services 8 personnel who have completed five years of service, upon adoption of a resolution; 9 WHEREAS, the amended law is effective July 1 , 2021 ; 10 WHEREAS, the presumption provides that any such death, health condition or 11 impairment shall be presumed to be occupational diseases, suffered in the line of duty, 12 unless such presumption is overcome by a preponderance of competent evidence to the 13 contrary; 14 WHEREAS, subsection (D) of the statute provides that the presumption only 15 applies if the person entitled to invoke it has, if requested by the City, undergone 16 preemployment physical examinations that meet the criteria set forth therein, and such 17 examinations found the person free of respiratory diseases, hypertension, cancer or heart 18 disease at the time of the examinations; 19 WHEREAS, this presumption already applies to members of the Police 20 Department, the sheriff and deputy sheriffs, and firefighters; 21 WHEREAS, the City of Virginia Beach values and recognizes salaried emergency 22 medical services personnel employed by the City as critical resources who perform 23 valuable lifesaving services to the community; and 24 WHEREAS, the City of Virginia Beach desires to extend the presumption to 25 salaried emergency medical services providers. 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That effective July 1, 2021 , the aforementioned rebuttable presumption shall apply 29 to salaried emergency medical services personnel, as that term is defined in Va. Code § 30 32.1-111 .1, employed by the City of Virginia Beach who have completed five years of 31 service in their position and who meet the criteria in Virginia Code § 65.2-402(D). 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day 33 of June , 2021 . APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: _ to lam` Emergen Medical Services Depa nce APPROVED AS TO LEGAL SUFFICIENCY: /Nal/)2AA.- City Aorney's Office CA15458 R-2 May 28, 2021 43 ITEM— VI.I.12a ORDINANCES/RESOLUTIONS ITEM#71716 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Resolution to SUPPORT Revenue Sharing projects and AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT): a. #100183 First Colonial Road / Virginia Beach Boulevard Intersection Improvements Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100183 "FIRST 3 COLONIAL ROAD / VIRGINIA BEACH BOULEVARD 4 INTERSECTION IMPROVEMENTS" AND TO AUTHORIZE 5 THE CITY MANAGER TO EXECUTE A PROJECT 6 AGREEMENT WITH THE VIRGINIA DEPARTMENT OF 7 TRANSPORTATION IN FURTHERANCE THEREOF 8 9 WHEREAS, the Virginia Department of Transportation and the City of Virginia 10 Beach have heretofore had a programmatic agreement that provided assurances and 11 commitments by the City to fund its local share for projects that received funds from the 12 Commonwealth under the Revenue Sharing Program; 13 14 WHEREAS, the City's current programmatic agreement with the Virginia 15 Department of Transportation expires at the end of June 2021; and 16 17 WHEREAS, the Virginia Department of Transportation has decided to discontinue 18 and phase out programmatic agreements and instead require a City Council resolution to 19 ensure the commitment of local funds for Revenue Sharing projects. 20 21 NOW, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 22 VIRGINIA THAT: 23 24 1. The City Council of Virginia Beach hereby commits to fund the City's local 25 share of preliminary engineering, right-of-way, and construction, as applicable, of Project 26 # 100183, "First Colonial Road / Virginia Beach Boulevard Intersection Improvements," 27 under agreement with the Virginia Department of Transportation, in accordance with the 28 project's financial document. 29 30 2. The City Manager and/or his designee is hereby authorized to execute all 31 agreements and/or addendums for approved projects with the Virginia Department of 32 Transportation. 33 34 3. The authorization provided by this resolution extends to the corresponding 35 name and UPC numbers for the project listed supra as such project is named or 36 designated by the Commonwealth on the Virginia Department of Transportation's Six- 37 Year Improvement Plan Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h day of June , 2021 . 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INTERSECTION IMPROVEMENTS CIP 100183 Prepared by P.W./Ena./Ena.Support Services Bureau 5/26/21 X:\CADD\Proiects\ARC Files\AGENDA MAPS\First Colonial-Va Beach Blvd Intersection\CIP 1001£ 44 ITEM— VLI.12b ORDINANCES/RESOLUTIONS ITEM#71717 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT,Resolution to SUPPORT Revenue Sharing projects and AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT): b. #100318 Princess Anne Road Phase VII Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 1 A RESOLUTION TO AFFIRM CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100318 "PRINCESS 3 ANNE ROAD PHASE VII" AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE A PROJECT AGREEMENT WITH 5 THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN 6 FURTHERANCE THEREOF 7 8 WHEREAS, the Virginia Department of Transportation and the City of Virginia 9 Beach have heretofore had a programmatic agreement that provided assurances and 10 commitments by the City to fund its local share for projects that received funds from the 11 Commonwealth under the Revenue Sharing Program; 12 13 WHEREAS, the City's current programmatic agreement with the Virginia 14 Department of Transportation expires at the end of June 2021; and 15 16 WHEREAS, the Virginia Department of Transportation has decided to discontinue 17 and phase out programmatic agreements and instead require a City Council resolution to 18 ensure the commitment of local funds for Revenue Sharing projects. 19 20 NOW, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 21 VIRGINIA THAT: 22 23 1. The City Council of Virginia Beach hereby commits to fund the City's local 24 share of preliminary engineering, right-of-way, and construction, as applicable, of Project 25 # 100318, "Princess Anne Road Phase VII," under agreement with the Virginia 26 Department of Transportation, in accordance with the project's financial document. 27 28 2. The City Manager and/or his designee is hereby authorized to execute all 29 agreements and/or addendums for approved projects with the Virginia Department of 30 Transportation. 31 32 3. The authorization provided by this resolution extends to the corresponding 33 name and UPC numbers for the project listed supra as such project is named or 34 designated by the Commonwealth on the Virginia Department of Transportation's Six 35 Year Improvement Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 3 t h day of June _ , 2021. 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LOCATION MAP �� `No .,rPRINCESS ANNE ROAD - PHASE VII CIP 100318 4 L Feet 0 500 1,000 2,000 45 ITEM— VI.I.12c ORDINANCES/RESOLUTIONS ITEM#71718 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT,Resolution to SUPPORT Revenue Sharing projects and AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT): c. #100340 Rosemont Road Phase V Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100340 "ROSEMONT 3 ROAD PHASE V" AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE A PROJECT AGREEMENT WITH 5 THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN 6 FURTHERANCE THEREOF 7 8 WHEREAS, the Virginia Department of Transportation and the City of Virginia 9 Beach have heretofore had a programmatic agreement that provided assurances and 10 commitments by the City to fund its local share for projects that received funds from the 11 Commonwealth under the Revenue Sharing Program; 12 13 WHEREAS, the City's current programmatic agreement with the Virginia 14 Department of Transportation expires at the end of June 2021; and 15 16 WHEREAS, the Virginia Department of Transportation has decided to discontinue 17 and phase out programmatic agreements and instead require a City Council resolution to 18 ensure the commitment of local funds for Revenue Sharing projects. 19 20 NOW, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 21 VIRGINIA THAT: 22 23 1. The City Council of Virginia Beach hereby commits to fund the City's local 24 share of preliminary engineering, right-of-way, and construction, as applicable, of Project 25 # 100340, "Rosemont Road Phase V," under agreement with the Virginia Department of 26 Transportation, in accordance with the project's financial document. 27 28 2. The City Manager and/or his designee is hereby authorized to execute all 29 agreements and/or addendums for approved projects with the Virginia Department of 30 Transportation. 31 32 3. The authorization provided by this resolution extends to the corresponding 33 name and UPC numbers for the project listed supra as such project is named or 34 designated by the Commonwealth on the Virginia Department of Transportation's Six- 35 Year Improvement Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h day of June , 2021. 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Imm 4t- 1 grin�►fuil rot',: �� /j�•i;% ' VIM ''milt :s i ���� //� ,�. /tA 1� 14 N ) * N°11-14..4.4. .01-' 4W4IP ��AO4I1 pia Aptt ,11411W O ►l'•aNN41,411/1 v • ill' TO .... r.ck •-?"P 4. .,.. .,,s- . _, [Wr►'`,, 4 gel llllq# drik.tze 4 iiir0zsv _. o �� ./ . ), ••*•0 "•.6 ih_ WViiC? OPT NETTLE,ST j�j �lIllllll l� o� ��''TC:—] � �tIII, ti O(111 • 6, ��� LOCATION MAP 1 I I4� P MEDICAL PKWY-- •°R ROSEMONT ROAD PHASE V Illiii1II N „�i ��� O CIP 100340 Prepared by P.W./Enq./Enq.Support Services Bureau 5/26/21 r X:\CADD\Projects\ARC Files\AGENDA MAPS\Rosemont Rd 46 ITEM— VLI.12d ORDINANCES/RESOLUTIONS ITEM#71719 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT,Resolution to SUPPORT Revenue Sharing projects and AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT): d. #100356 Sandbridge Road—Nimmo Parkway Phase VII-A Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100356 "SANDBRIDGE 3 ROAD — NIMMO PARKWAY PHASE VII-A" AND TO 4 AUTHORIZE THE CITY MANAGER TO EXECUTE A 5 PROJECT AGREEMENT WITH THE VIRGINIA 6 DEPARTMENT OF TRANSPORTATION IN FURTHERANCE 7 THEREOF 8 9 WHEREAS, the Virginia Department of Transportation and the City of Virginia 10 Beach have heretofore had a programmatic agreement that provided assurances and 11 commitments by the City to fund its local share for projects that received funds from the 12 Commonwealth under the Revenue Sharing Program; 13 14 WHEREAS, the City's current programmatic agreement with the Virginia 15 Department of Transportation expires at the end of June 2021; and 16 17 WHEREAS, the Virginia Department of Transportation has decided to discontinue 18 and phase out programmatic agreements and instead require a City Council resolution to 19 ensure the commitment of local funds for Revenue Sharing projects. 20 21 NOW, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 22 VIRGINIA THAT: 23 24 1. The City Council of Virginia Beach hereby commits to fund the City's local 25 share of preliminary engineering, right-of-way, and construction, as applicable, of Project 26 # 100356, "Sandbridge Road — Nimmo Parkway Phase VII-A," under agreement with the 27 Virginia Department of Transportation, in accordance with the project's financial 28 document. 29 30 2. The City Manager and/or his designee is hereby authorized to execute all 31 agreements and/or addendums for approved projects with the Virginia Department of 32 Transportation. 33 34 3. The authorization provided by this resolution extends to the corresponding 35 name and UPC numbers for the project listed supra as such project is named or 36 designated by the Commonwealth on the Virginia Department of Transportation's Six- 37 Year Improvement Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 5 t h day of June , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Ci ice•- •r y's�/O�fti�e CA15464 R-1 June 2, 2021 D ,NECK RD IOW11 Mora'tlti 0 1 0:100/ li 00 W —0j— E N1M ,t ♦ v V. aG' p 041 SITE ap V ,1pQO`4 o / LN x 7 ' sii?,t0\_ 7t:Avok vim �0�� 4V a� '') Ailt vi ____::CR) 1 t,O0 e1.010 o oA ll.,-‘ 4, \0, � SN.,,,l\N 00FtO oto- S Qpa� 4m\� Al ©o`4z3 Np,O kN"i�,°s S #�� o **k ' ch \ iliVal r______ __ ___...,. g . ., c , .,,v.:40 __ ___;:, fats �fi 0 11140 ; r NOSA:k.", "idastk A SA VIAM_,..- alt %11; - 1.1:ioo 1100 .13 0r\ V r0a. a ,,.n o v VA 0 o� I �, LOCATION MAP SANDBRIDGE ROAD - NIMMO PARK IiAY PHASE VII-A CIP 100356 I► Prepared by P.W./Eng./Eng.Support Services Bureau 5/26/21 X:\CADD\Projects\ARC Files\AGENDA MAPS\Sandbridge Rd-Nimmo Pkwy Phase VII-A CIP 100351 47 ITEM— VLI.12e ORDINANCES/RESOLUTIONS ITEM#71720 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT,Resolution to SUPPORT Revenue Sharing projects and AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT): e. #100381 Shore Drive Corridor Improvement Phase III Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100381 "SHORE DRIVE 3 CORRIDOR IMPROVEMENTS PHASE III" AND TO 4 AUTHORIZE THE CITY MANAGER TO EXECUTE A 5 PROJECT AGREEMENT WITH THE VIRGINIA 6 DEPARTMENT OF TRANSPORTATION IN FURTHERANCE 7 THEREOF 8 9 WHEREAS, the Virginia Department of Transportation and the City of Virginia 10 Beach have heretofore had a programmatic agreement that provided assurances and 11 commitments by the City to fund its local share for projects that received funds from the 12 Commonwealth under the Revenue Sharing Program; 13 14 WHEREAS, the City's current programmatic agreement with the Virginia 15 Department of Transportation expires at the end of June 2021; and 16 17 WHEREAS, the Virginia Department of Transportation has decided to discontinue 18 and phase out programmatic agreements and instead require a City Council resolution to 19 ensure the commitment of local funds for Revenue Sharing projects. 20 21 NOW, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 22 VIRGINIA THAT: 23 24 1. The City Council of Virginia Beach hereby commits to fund the City's local 25 share of preliminary engineering, right-of-way, and construction, as applicable, of Project 26 # 100381, "Shore Drive Corridor Improvements Phase III," under agreement with the 27 Virginia Department of Transportation, in accordance with the project's financial 28 document. 29 30 2. The City Manager and/or his designee is hereby authorized to execute all 31 agreements and/or addendums for approved projects with the Virginia Department of 32 Transportation. 33 34 3. The authorization provided by this resolution extends to the corresponding 35 name and UPC numbers for the project listed supra as such project is named or 36 designated by the Commonwealth on the Virginia Department of Transportation's Six- 37 Year Improvement Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h day of June , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and-Management Services rn s Office CA15467 R-1 June 2, 2021 N I W _ �*- E s I i SITE OR �OR c 4., ti .' fir ti a 4 4 MiLipoimemoma NN OA 0104 ♦fa1%It.r' Vie::$% OR VOA.cn �11111�h►�i�t111� p o ,, 0°°•Mle:3C311- - 131 'I'. ."wI.-' turn Mt\'l ' iOIIi 0 0 r * : ti \ \aasit ' '►.1t `` 1x w * J70. am• o " ° `"gip t:'. 11/1�a'' '_' ,m'- ; z,q° t� �0% %':1. \\` �/ ��:��� ,a.: �� �t1���� Olt►t,�A, y7*t'i r-. Si `� h• uT'1• ,,, \II,r��♦�,:"�j ' A oo ��• ,pD . \w\�; qqb1 Mill L12 EN nnlrw I,A: i,n;0r-0 ,: so ..... „....A ,� QIle Leo• ►'i�Gfi1 �u 0! uaQi� ni � • „ ems �,•.ems o P c a�G• J u1 ._h it p� z L�S�1�'.:,e o 1tit Sur©4<rc y��-� Z1k' � m1� � a a 0��� „�cBASIN-RD0 eel cll.1 �� cc., u�qe� -� �p r 4it 3, '�_C �eV. _ jay Al. P `fit a ca 4 w�OQa o BR0A�Bnc�ad Z cr ® ® 2 :betje4%, . AM KEELING�RD"4 v rii • , \ 1,... 9 ., ,..,8 t . ti . '*;/ AL titiOlL13701 0 c,\90 .\ . .\ Ili AlInM;Rearval LIEF ) r . abt , 40114A.(0:''Cl.174/V/A lrea i ki,t' 0. Cli?j-•' "' .-'4\Ar.,?,. v00 - w \ •: N., 0 ,• • , 16 . ..ia _...q -\tithV --A N1.4 C --- te 0 V 1 NN _ , . wit r&:\VA. 111111, AV. ,• a, 5 Igo" a c. St ° Ao; a GI Q 013te p�..i.gi or v.--8, i t1/42,_-r,,,suszsuav A, to lig „2„,. r ���oVuO��s 1 . 14,c. ,3_ ,,„0.7„,,, r oAls. �� 2 1 LOCATION MAP h I SHORE DRIVE CORRIDOR IMPROVEMENTS PHASE III CIP 100381 111111 Feet 0 600 1,200 2,400 48 ITEM— VLI.13 ORDINANCES/RESOLUTIONS ITEM#71721 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND FY2021-22 Housing and Neighborhood Preservation Operating and Capital Budgets re adjustments Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 1 AN ORDINANCE TO AMEND THE FY 2021-22 2 OPERATING AND CAPITAL BUDGETS OF THE 3 DEPARTMENT OF HOUSING AND NEIGHBORHOOD 4 PRESERVATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. The following adjustments are made in the Department of Housing and 10 Neighborhood Preservation's FY 2021-22 Operating Budget: 11 1) Decrease appropriations by $15,297 for Community Development Block 12 Grant funds, with federal revenue decreased accordingly; 13 2) Decrease appropriations by $432 for Emergency Shelter Grant funds, with 14 federal revenue decreased accordingly; 15 3) Decrease appropriations by $11,547 for HOME Investment Partnership 16 Program funds, with federal revenue decreased accordingly; 17 4) Increase appropriations by $238,219 for Housing Opportunities for People 18 with HIV and AIDS funds, with federal revenue increased accordingly; 19 5) Increase appropriations by $3,840,395 for American Rescue Plan HOME 20 program funds, with federal revenue increased accordingly; 21 6) Increase appropriations by $480,495 for American Rescue Plan Emergency 22 Housing Voucher funds, with federal revenue increased accordingly; and 23 7) Increase appropriations by $276,584 for State Rental Assistance Program 24 funds, with state revenue increased accordingly. 25 26 2. The following adjustments are made in the FY 2021-22 Capital Improvement 27 Program: 28 1) Capital Project #100584, "Housing Resource Center Accessibility" is hereby 29 established in the FY 2021-22 Capital Improvement Program; 30 2) $1,267,510 is hereby transferred to CIP #100584 from CDBG funds; and 31 3) $196,490 is hereby accepted and appropriated to Project #100584 from the 32 Virginia Department of Emergency Management for an emergency generator, 33 with state revenue increased accordingly. 34 35 3. The effective date of this ordinance is July 1, 2021. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h day of June —_, 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 'Budget and Management Services City or 's Office CA15469/R-1 /June 2, 2021 49 ITEM— VLI.14a ORDINANCES/RESOLUTIONS ITEM#71722 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $2,571,194 from the Virginia Office of Children's Services, TRANSFER $1,113,005 from the City Manager's Pandemic and Vaccine Support Reserve to the FY2020-21 Human Services Operating Budget and AUTHORIZE the use of$313,925 of existing non personnel funds re Children's Services Act program Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS AND TO TRANSFER FUNDS FROM THE CITY 3 MANAGER'S SPECIAL PANDEMIC AND VACCINE 4 SUPPORT RESERVE TO THE DEPARTMENT OF HUMAN 5 SERVICES FOR THE CHILDREN'S SERVICES ACT 6 PROGRAM 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 1 $2,571,194 from the Virginia Office of Children's Services is hereby accepted and 12 appropriated, with funds from the Commonwealth increased accordingly,to the FY 13 2020-21 Operating Budget of the Department of Human Services for expenditures 14 related to the Children's Services Act program. 15 16 2. $1,113,005 is hereby transferred from the City Manager's Special Pandemic and 17 Vaccine Support Reserve to the Department of Human Services within the FY 18 2020-21 Operating Budget for a portion of the local match for the Children's 19 Services Act program. 20 21 3. The use of $313,925 of existing Human Services non-personnel operating funds 22 is hereby authorized for a portion of the local match for the Children's Services Act 23 program. Adopted by the Council of the City of Virginia Beach, Virginia, on thel5 t h day of June , 2021 . Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: get a d Management Services o ey's Ofice CA15460 R-1 June 1, 2021 50 ITEM— VLI.14b ORDINANCES/RESOLUTIONS ITEM#71723 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $91,812 from Federal Coronavirus Aid, Relief and Economic Security Act to the FY2020-21 Parks and Recreation Operating Budget re childcare programs Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDING TO THE DEPARTMENT OF 3 PARKS AND RECREATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $91,812 in Federal Coronavirus Aid, Relief, and Economic Security Act funding is 9 hereby accepted and appropriated, with federal revenues increased accordingly, to the 10 Department of Parks and Recreation's FY 2020-21 Operating Budget for childcare 11 programs. Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h day of June , 2021. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget Oanagement Services i or 's Office CA15468 R-1 June 2, 2021 51 ITEM— VI.I.15 ORDINANCES/RESOLUTIONS ITEM#71724 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $33,303 from Capital Project #100424 "Traffic Safety Improvements III"to Capital Project#100212 "Independence Boulevard Baxter Road Sidewalk" Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 1 AN ORDINANCE TO TRANSFER $33,303 IN FEDERAL 2 FUNDS FROM CAPITAL PROJECT # 100424 "TRAFFIC 3 SAFETY IMPROVEMENTS III" TO CAPITAL PROJECT # 4 100212 "INDEPENDENCE BOULEVARD / BAXTER ROAD 5 SIDEWALK" 6 7 WHEREAS, at its May 20, 2021 meeting, the Hampton Roads Transportation 8 Planning Organization approved a request by the City to transfer excess funds from the 9 Buckner Boulevard Shared-Use Path project, a sub-project of Capital Project #100424, 10 "Traffic Safety Improvement Program Phase III," to Capital Project #100212, 11 "Independence Boulevard / Baxter Road Sidewalk." 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA THAT: 15 16 $33,303 in federal Transportation Alternatives Program revenue is hereby 17 transferred from Capital Project # 100424, "Traffic Safety Improvements III," to Capital 18 Project# 100212, "Independence Boulevard / Baxter Road Sidewalk.' Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h day of June , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 04f 4"E udget and anag�t Services r y's ice CA15462 R-1 June 1, 2021 52 ITEM— VLJ.1 PLANNING ITEM#71725 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of OCEAN RENTAL PROPERTIES, LLC for a Change in Nonconformity re redevelop the site with eight (8) new dwelling units where nine (9) exist at 416 Norfolk Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA OCEAN RENTAL PROPERTIES,LLC for a Change in Nonconformity re redevelop the site with eight (8) new dwelling units where nine (9) exist at 416 Norfolk Avenue (GPINs 2427141242, 2427142119) DISTRICT 6—BEACH The following conditions shall be required: 1. When the site is redeveloped, the maximum density shall not exceed six(6)eight(8)multi- family dwelling units. 2. When the site is redeveloped, the exterior building materials shall substantially adhere to the elevations entitled, "Norfolk Avenue Residential at Baltic Avenue — Conceptual Elevations"December 9, 2019, and prepared by Finley Design Architecture +Interiors, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. When the site is redeveloped, a minimum the building setbacks of ten (10)feet shall be observed from all property lines shall be reduced as depicted on the concept plan entitled, "Conceptual Site Plan Exhibit", dated April 30, 2021, and prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. These are is a deviations to the front and side yard setbacks required by the Zoning Ordinance. 4. Prior to Site Plan approval, a Landscape Plan shall be submitted to the Department of Planning& Community Development for review and approval. 5. When the site is redeveloped,five (5)foot wide sidewalks shall be installed along Norfolk Avenue and Baltic Avenue with curb and gutter. 6. When the site is redeveloped, the curb line radius at the intersection of Norfolk Avenue and Baltic Avenue shall be thirty-five(35)feet, the curb line radius at the intersection of Baltic Avenue and 9`h Street shall be twenty-five (25)feet, in accordance with Section 3.5 of the Public Works Design Standards Manual. The property line radius at the intersection of Norfolk Avenue and Baltic Avenue shall be twenty (20)feet, and the property line radius at the intersection of Baltic Avenue and 9`h Street shall be ten (10)feet, in accordance with Section 4.1 of the Subdivision Regulations. June 15, 2021 53 ITEM— VLJ.1 PLANNING ITEM#71725 (Continued) 7. Prior to Site Plan approval, a subdivision plat to vacate the interior property lines shall be submitted to the Department of Planning & Community Development for review, approval, and recordation 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 15th day of June Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 1 A RESOLUTION AUTHORIZING AN EXPANSION AND 2 RELOCATION OF A NONCONFORMING USE ON 3 PROPERTY LOCATED AT 416 NORFOLK AVENUE 4 5 WHEREAS, Ocean Rental Properties, LLC (the "Applicant") has made application 6 to the City Council for authorization to expand and relocate the nonconforming multifamily 7 structures located at 416 Norfolk Avenue and zoned A-12 Apartment Zoning District with 8 the demolition and reconstruction of all nonconforming structures on the parcel; 9 10 WHEREAS, this parcel currently contains five (5) residential structures with nine 11 (9) nonconforming dwelling units which were built prior to the adoption of the applicable 12 zoning regulations and are therefore nonconforming; 13 14 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 15 approval of this application on May 12, 2021; and 16 17 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 18 and relocation of nonconforming structures is unlawful in the absence of a resolution of 19 the City Council authorizing such action upon a finding that the proposed structures as 20 expanded will be equally appropriate or more appropriate to the zoning district than are 21 the existing structures. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed structures as expanded and 27 relocated, will be equally appropriate to the district as are the existing nonconforming 28 structures under the conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 That the expansion and relocation of the nonconforming structures is hereby 34 authorized, upon the following conditions: 35 36 1, When the site is redeveloped, the maximum density shall not exceed eight(8) multi- 37 family dwelling units. 38 2. When the site is redeveloped, the exterior building materials shall substantially 39 adhere to the elevations entitled, "Norfolk Avenue Residential at Baltic Avenue— 40 Conceptual Elevations" December 9, 2019, and prepared by Finley Design 41 Architecture + Interiors, which has been exhibited to the Virginia Beach City Council 42 and is on file in the Department of Planning and Community Development. 43 3. When the site is redeveloped, the building setbacks shall be reduced as depicted on 44 the concept plan entitled "Conceptual Site Plan Exhibit" dated April 30, 2021, and 45 prepared by WPL which has been exhibited to the Virginia Beach City Council and is 46 on file in the Department of Planning and Community Development. These are 47 deviations to front and side yard setbacks as required by the Zoning Ordinance. 48 4. Prior to site plan approval, a Landscape Plan shall be submitted to the Department 49 of Planning & Community Development for review and approval. 50 5. When the site is redeveloped, 5-foot wide sidewalks shall be installed along Norfolk 51 Avenue and Baltic Avenue with curb and gutter. 52 6. When the site is redeveloped, the curb line radius at the intersection of Norfolk 53 Avenue and Baltic Avenue shall be 35 feet, the curb line radius at the intersection of 54 Baltic Avenue and 9th Street shall be 25 feet, in accordance with Section 3.5 of the 55 Public Works Design Standards Manual. The property line radius at the intersection 56 of Norfolk Avenue and Baltic Avenue shall be 20 feet, and the property line radius at 57 the intersection of Baltic Avenue and 9th Street shall be 10 feet, in accordance with 58 Section 4.1 of the Subdivision Regulations. 59 7. Prior to site plan approval, a subdivision plat to vacate the interior property lines 60 shall be submitted to the Department of Planning & Community Development for 61 review, approval and recordation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 t h day of June , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. Planning 'd Corn unity City A omey's Office Development CA15437 R-3 June 2, 2012 2 54 ITEM— VI.J.2 PLANNING ITEM#71726 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council DEFERRED TO JULY 6, 2021, BY CONSENT, Application of SOUTH LYNNHAVEN, LLC for a Modification of Conditions re allow the vacation of easements to construct office use at 877 South Lynnhaven Road DISTRICT 3—ROSE HALL (Approved August 13, 1984) Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: Vice Mayor James L. Wood Council Members Absent: Mayor Robert M. Dyer June 15, 2021 4G1111A•BE4c, k 0 "'' 4 a ot City of Virginia Beach s�. i �S Zo;99 . _ ';.5O�vr �F OUR NA50* VBgrv.com JAMES L.WOOD MUNICIPAL CENTER VICE MAYOR BUILDING 1,ROOM 281 DISTRICT 5-LYNNHAVEN 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)785-4342 FAX(757)340-2082 JLWOODi81VBGOV.COM Refer to File No. 0071313 June 15, 2021 Mrs. Amanda Barnes, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the application of South Lynnhaven, LLC for modification of conditions of a previously approved street closure for property located at 877 South Lynnhaven Road. 2. I am a member of South Lynnhaven, LLC, and its principal office address is 3908 Meeting House Road, Virginia Beach, VA, 23455. 3. I will abstain from participating in the City Council's consideration of 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. Sincerel L. Wood Vice Mayor JLW/RRI 55 ITEM— VLJ.3 PLANNING ITEM#71727 Upon motion by Council Member Jones,seconded by Council Member Wilson, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of 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(Deferred from May 18, 2021) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 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 (GPIN 1485484285) DISTRICT 1 —CENTERVILLE(Deferred from May 18, 2021) The following conditions shall be required: 1. When the site is developed, it shall be in substantial conformance within the submitted site layout exhibit entitled, "CONCEPTUAL SITE LAYOUT PLAN — THE HALLOW SAMARITAN HOUSE",prepared by Draper Aden Associates, dated December 22, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the submitted elevations entitled "THE HALLOWS DEVELOPED FOR THE SAMARITAN HOUSE",prepared by Cox Kliewer& Company, P.C., dated January 2021 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 and approved by the Development Services Center Landscape Architect prior to the final site plan approval. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official prior to the occupancy of the Group Home. 5. The applicant shall not exceed the occupancy load set by the Building Official's Office for this Group Home. 6. 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 three hundred sixty-five (365)days from the date of the City Council action. June 15, 2021 56 ITEM— VLJ.3 PLANNING ITEM#71727 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15`h day of June Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 yam, v_ . 1 UaJ w'R i , 1 ( 51 1 '.11." y ,,, . / j__, _ _.,,, 11; iiii4ii, f4i:s- PDR1 dtAk as 1 —i a - t,./.......) \ \ Ei 0 , •>•� r-'' 0 / III �A o I b \ �.r�, + _ `- 1 III WWII' �' , . . \ ,Iki pDH1 Leelboat Circle 0 � �iim — o , _� :�; ��� PDH�1 . t 0 [ i],,,,......,1/4. 44\ I • •-t-,' \ %,.04,, . c, ___, .--il - 0 r, - ; 0 , 1 - c--.0-f"-- I- '' 1 "II ti." • Ha L_____pi c6 i \ \w .- _LLD 2 L-.' 4641. P D F Corr , / \,,, o.__- ar�v'� y - • %E\,l ,;. r lc 0...,,._,,.. .. -IN,\,, f..„........., --1 - . OL. ._-- ---40,411.1 spy.... rIt 0.4, . ..10 y ,.„), „„, 0-4, , • - -;,..."t.....--:;i , Zs*air PD(//, H�; -�\, �PDHc1 ;� \***)*► , ' �A Al ti►.• . .,„../.[/).•vim.►• ire .. .�, •,�_,. t.1 . t It � • _ ......\., IP / 2 - ,, 'VD H.1 'prilal i4.* all��� •�PDH�1.' \LI i N WA: Site Robin Gauthier W-0'I& Property_Polygons 1593 Lynnhaven Parkway Zoning L Building Feet Parking Lot Drive Aisle 0 65130 260 390 520 650 780 57 ITEM— VLJ.4 PLANNING ITEM#71728 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council APPROVED, AS CONDITIONED, BY CONSENT,Application of BPMS CASCADES 2, LLC for a Conditional Use Permit re mini-warehouses at 2121 Centerville Turnpike DISTRICT 1 —CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA BPMS CASCADES 2,LLC for a Conditional Use Permit re mini- warehouses at 2121 Centerville Turnpike(GPIN 1454985427) DISTRICT 1 —CENTERVILLE The following conditions shall be required: 1. When the property is developed, it shall be in substantial conformance with the concept plan entitled "STORAGE BUILDING—CASCADES OUTPARCEL— Virginia Beach, VA", prepared by Timmons Group, dated March 25, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. A fifteen (15)foot front yard setback is proposed for this site. This is a deviation to the thirty-five(35)-foot front yard setback required by the City Zoning Ordinance. 3. The exterior of the proposed buildings shall substantially adhere in appearance, size, materials to the submitted elevations entitled "CASCADES SELF STORAGE",prepared by GMF + Associates, dated April 13, 2020, which has been exhibited to the Virginia Beach City Council and are on file in the Department of Planning & Community Development. 4. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy. 5. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning&Community Development for the installation of any signage. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any new outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 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 15`h day of June Two Thousand Twenty One. June 15, 2021 58 ITEM— VLJ.4 PLANNING ITEM#71728 (Continued) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 09E OOE OtZ 081. OZl 09 OE 0 aIs!V antra 1o1 6ui)lJed laad 6uiplin8 6uiuoZ s al!duanl all!iu04ua3 1-Z 1Z suo6Alod Apadoad N_'y' `" 311 Z sape3se3 SWd8 a}!S N �`J \\Qo a 5?!y i '`� V Z \` '' \ c )<N�y � n ,kt�1uu� : 3 1) - ccs- 1ate" 1\\ IP c� � -,-a /\ a- la c \ • O >i =zee '"I C '----:-IL-----1A" ro. ,, ( Pa0 E 0\---' .0P. x=_, vosotra iiiiii4 c.,- -- 1;, 1 g ,c-,,_c--) \\: 'i?- j *„, ,o, . __ vit:ii.„,a, lio ‘ -%It It_--1411 \S-- -- 0 -41.4 CD CI)LI 00 \\ w •••• =" 0------- ` --' 4 t i ' 'il< >'-=--- - \) o ,a J m / 0 aCD 1;ov y1 52�: 1 Z \ \(-- , -,--- Wilii. 1. 7_, ,�ZH a d t) ad o 0 -------:--- --- \, \ o .._.,—<-.-'-.''' - . 3 iii-rio/... !iisTA % --- _.....„ --------„ cr __ _ ---- ,, , O _ , c, /-.- .%7 %•- io`� .\ ° ) au'� •� 5 12i ,._\\ \,;,- - \‘‘.1 \ ° o - I ' - ii 59 ITEM— VLJ.5 PLANNING ITEM#71729 The following registered to speak: Jennifer Sieracki, Executive Director - Seton Youth Shelters, 101 North Lynnhaven Road, Suite #101, Phone: 963-5795, spoke in SUPPORT Becky Rankin, Phone: 560-6966, spoke in SUPPORT James White, Phone: 237-3221, spoke in SUPPORT Barbara Messner, P. O. Box 514, requested deferral Bill Hitchcock, spoke in SUPPORT Upon motion by Council Member Berlucchi, seconded by Council Member Wilson, City Council APPROVED, AS CONDITIONED, Application of SH CAMPUS, LLC / ST LUKE'S UNITED METHODIST CHURCH for a Conditional Use Permit re group home at 3396 Stoneshore Road DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SH CAMPUS,LLC/ST LUKE'S UNITED METHODIST CHURCH for a Conditional Use Permit re group home at 3396 Stoneshore Road (GPIN 1486822513) DISTRICT 3—ROSE HALL The following conditions shall be required: 1. When the site is redeveloped, it shall be in substantial conformance within the submitted conceptual site layout exhibit entitled, "Conceptual Site Layout Plan of Seton House", prepared by Orbis Landscape Architecture, dated April 7, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. When the site is redeveloped, the exterior of the proposed buildings shall substantially adhere in appearance,size and materials to the submitted elevations entitled "Seton House Addition",prepared by DA, dated April 21, 2021, 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 and approved by the Development Services Center Landscape Architect prior to the final site plan approval. Plantings along the property line adjacent to residentially zoned properties shall be allowed to grow and shall be maintained at a height of no less than eight(8)feet. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official prior to the occupancy of the Group Home. June 15, 2021 60 ITEM— VLJ.5 PLANNING ITEM#71729 (Continued) 5. The number of beds utilized for the Group Home shall not exceed twenty-four(24)and the number of children shall not exceed twenty(20). 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 15`h day of June Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 009 009 00V 00C OOZ 00[09 0 alsiyanua }off 6ui��ed lead 1 6uip�in8 6uiuoZ a.%S peoj aaoyseuo4S 96££ suo6AIod A1adoJd --- •nn 311 `sndweO HS ops %// (. N ► 0 e � o 1 �Z �V \� 139'' _. / ---i---/ % L'<•-r- P * ''' o -,-\- .'' '' _a d�� ' ',ilte4_,s,, , ilk // 1 6 ', - ,\ � . ... ..tv It ZS / IC21 cC2-A2 o ' \ ) ,,, ),7 o , • Wad1` } ZO .� Z8 oQ o,�;, }/\\ \ \I OW 1% ,.-,.,, 0 77..ii____ ztv \___.zt_ �''f . „--,-,,,,..5] „:_._. , ci,c . , � \ k���►o`�,: / v "ml' ) '"' "°`‘' - -v-\.- / - 1 ,� ! p oa alp �pu �\ , n a <> 7--X 7 7 to � , t it 0�1 1 p O. •! - / 1 O� , .., , ,,, ti Ligi-Vt\---!et 0 -.\-'laa' -„IP -,---'- ' 1> (44‘. \ -- l. .. , ` •a• I \ ► o � Qr . --r. = : Q . ► , vv v. O . ..---- o \,497P14%, - iSP\ /:,-, :,,>. Ittk,' -ft>4- --- 06 ° ZI,b� 0 \ \)\ ,‘ _ •VI7\ .� (A 1,, oo o, , # .A \\ ____,„7-7 \o Z IN , yet(? , _ \ ZB , ?7 a 61 ITEM— VLJ.6 PLANNING ITEM#71730 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of DIANA BUHRMANN/MICHAEL KORNOELJE for a Conditional Use Permit re family day-care home at 998 Boughton Way DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA DIANA BUHRMANN/MICHAEL KORNOELJE for a Conditional Use Permit re family day-care home at 998 Boughton Way (GPIN 1496416400) DISTRICT 3—ROSE HALL The following conditions shall be required: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to the total of twelve(12)children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one (1)person, other than the applicant, shall assist with the operation of the Family Day-Care Home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 7. The applicant/owner shall maintain a six (6) -foot privacy fence around the perimeter of the rear yard for the duration of the use. 8. There shall be only one Home Occupation, the Family Day-Care Home, operating on the property associated with this Conditional Use 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 15`h day of June Two Thousand Twenty One. June 15, 2021 62 ITEM— VLJ.6 PLANNING ITEM#71730 (Continued) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 � I ► Don , urbin Place �, - ImNi _______, 1._ , - r 0 1 E, PDH�1 ,o `L'`PDH1L_Ja DI 0 iiiiilledijg) 0 / 1-11 Eli = D ,,,,_ ..,..„ / , ,,,- .3 ..-- „/ ,,, ....„,_,_,, ,„,, ..._____ , .,_,.,._ Fetsch Place % "'' I� Eir:i C-3 _______ Ell L 1 , i ..,,, , , , , ,a P'D • 1 / / ks, . \ -----,, a no ❑ o �P D H 1 �j n E T Guther Place ° `\ I • o- .0, '/ 1 0 i 1 Ell / z.7/ ____ ' / / 7-% f P D H'1 �"/ ;' �_ N Site Diana Buhrmann W �1� 998 Boughton Way s Property Polygons ® Zoning Building - Feet Parking Lot Drive Aisle 0 2040 80 120 160 200 240 63 ITEM— VLJ.7 PLANNING ITEM#71731 Upon motion by Council Member Jones,seconded by Council Member Wilson, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of MISTIE WOOD for a Conditional Use Permit re family day-care home at 1105 Voss Court DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MISTIE WOOD for a Conditional Use Permit re family day-care home at 1105 Voss Court(GPIN2415329877) DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to the total of twelve(12)children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one (1)person, other than the applicant, shall assist with the operation of the Family Day-Care Home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 7. The applicant/owner shall maintain a six (6) -foot privacy fence around the perimeter of the rear yard for the duration of the use. 8. There shall be only one Home Occupation, the Family Day-Care Home, operating on the property associated with this Conditional Use Permit. 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 15`h day of June Two Thousand Twenty One. June 15, 2021 64 ITEM— VI.J.7 PLANNING ITEM#71731 (Continued) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 `J ' N/ a) 1' a� / // / c rt N lm �i 0 to J a O �----__________, /Es� p4 j 0 NJ oo O (Z) I 00 N DO V --------„,_. :,...,,_,_, ---,...,..„______ci-_\ 4 , \ i ,_ „,,,„ t '411/- / .., O \ oov \ \ - Iii: 0= .aii,. -------- i It 0..4., '� 4. - __ O V.--- i - o ) CI r, ----- V t l ' f 0 i 0 0 O _ - % , lir �N no3 Su Q 4.*en,,,,t7i etzsAi t., 4, /7:7 13. cri / ((/': . CL o J CS) tm Ci CL 41/ . - ---.- Ci _ ` O Q •C 03 a _2 O C Cl) CL N CO CL lr 65 ITEM— VLJ.8 PLANNING ITEM#71732 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council APPROVED, BY CONSENT, Application of CITY OF VIRGINL4 BEACH — Ordinance to AMEND City Zoning Ordinance(CZO)Sections 210.2, 212, 215, 216 and 217 re signs and billboards Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer June 15, 2021 1 AN ORDINANCE TO AMEND SECTIONS 210.2, 2 212, 215, 216, AND 217 OF THE CITY ZONING 3 ORDINANCE PERTAINING TO SIGNS AND 4 BILLBOARDS 5 6 Sections Amended: City Zoning Ordinance 7 Sections 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 210.2, 212, 215, 216, and 217 of the City Zoning Ordinance are 16 hereby amended and reordained to read as follows: 17 18 Sec. 210. Purpose and intent; findings. 19 20 (a) Purpose and intent. The purpose and intent of this part B of Article 2 is to regulate 21 the size, number, color, illumination, movement, materials, location, height, condition 22 and other physical characteristics, but not the content, of signs, thus promoting the 23 protection of property values, the character of the various neighborhoods within the 24 city, the creation ana maintenance of a convenient, attractive and harmonious 25 community and the safety and welfare of pedestrians and wheeled traffic, in a manner 26 consistent with the constitutional guarantee of free speech. These regulations 27 attempt to achieve the proper balance among the commercial needs of businesses, 28 the needs of residents and visitors to be able to locate a business and find a desired 29 product, the rights of persons to exercise their First Amendment rights and the need 30 to create and preserve a visual environment that is conducive to the public health, 31 safety and welfare. 32 33 (b) Findings. The city council finds that: 34 35 (1) Signs have a strong visual impact on the character and quality of a community. 36 They are an integral part of the cityscape and, as such, can enhance or detract 37 from the city's image and character. As a prominent part of the cityscape, they 38 can attract or repel the viewer, affect the safety of pedestrian and vehicular 39 traffic. Their suitability or appropriateness helps to define the way in which a 40 community is perceived; 41 (2) The appearance of a community is an important factor in its economic well- 42 being, as aesthetic considerations influence economic value. Communities in 43 which signage is orderly and attractive and adequately serves the needs of 44 businesses are generally perceived as orderly and attractive; 1 45 (3) The primary function of a commercial sign is to provide identification for a 46 business. By helping consumers recognize that they have arrived at their 47 intended destination or by triggering an impulse to make a purchase, signs help 48 facilitate consumer transactions that allow businesses to be successful. 49 Successful businesses make for vital local economies and a stable tax base; 50 and 51 (4) As the United States Supreme Court has noted, signs "take up space and may 52 obstruct views, distract motorists, displace alternative uses for land, and pose 53 other problems that legitimately call for regulation." It is therefore important that 54 the city regulate signage in a manner that minimizes the adverse impacts of 55 signage while at the same time allowing signs to perform their primary functions. 56 57 Sec. 210.01. General regulations. 58 59 (a) The regulations set forth in this part shall apply to signs in all zoning districts, 60 including zoning districts listed in section 102(a)(13). 61 62 (b) Any permitted sign may display any lawful noncommercial message in lieu of any 63 other message; provided, however, that any such sign shall conform to all applicable 64 requirements pertaining to such sign, including, but not limited to, size, height, 65 duration, location, movement, materials and illumination. 66 67 (c) For purposes of determining the number of signs on a lot or zoning lot, one (1) sign 68 shall be considered to be a display or device containing elements organized, related, 69 and composed to form a single unit. Double-faced signs shall be considered a single 70 sign, provided that the faces are parallel or are not separated by an angle greater 71 than fifteen (15) degrees and are part of the same structure. 72 73 (d) The area of a sign shall be deemed to include the entire surface area within a 74 parallelogram, triangle, circle, semicircle or other regular geometric figure, including 75 all of the elements of the matter displayed, and other information, including 76 changeable copy and graphic displays, but not including blank masking, frames or 77 structural elements outside the sign surface and bearing no advertising matter or 78 other message. The area of each face of a double-faced sign shall be included in 79 determining the area of such sign. 80 81 (e) Except for marquee signs on buildings occupied by theaters, cinemas, performing 82 arts facilities or similar venues, or as may be allowed by section 218 (major 83 entertainment venues), no sign shall consist of or contain more than two (2) faces. 84 85 (f) Where the regulations of a zoning district prescribe signage allowances or permitted 86 sign types within the district, such signage shall be deemed to be in addition to 87 signage allowed by the provisions of section 211 and signage allowed on public 88 property by applicable provisions of Chapter 3 or Chapter 33. 89 2 90 (g) Where an individual establishment not on a separate lot directly adjoining a street is 91 located in a shopping center within a district in which sign area allowances are 92 determined by the linear distance of street frontage or lot line adjoining a street but 93 not constituting frontage, the sign area allowances of such establishment shall be 94 calculated on the basis of its occupancy frontage, which shall be treated for such 95 purposes as if it were street frontage. 96 97 Sec. 210.1. Sign permits. 98 99 Except as otherwise provided, no sign shall be erected, constructed, replaced, 100 repaired, repainted or otherwise displayed, unless a permit authorizing the same has 101 been issued by the zoning administrator. Fees for such permits shall be as set forth in 102 section 8-31 of the City Code. Applications for sign permits shall be made to the zoning 103 administrator, who may require such plans, diagrams and other information as may be 104 necessary to determine whether a proposed sign complies with the provisions of this 105 ordinance, the Virginia Uniform Statewide Building Code and any other applicable 106 ordinance or regulation. 107 108 The zoning administrator shall approve or deny an application within thirty (30) 109 days of its submittal; provided, however, that if the application or accompanying 110 information is insufficient to allow a determination of compliance, he shall notify the 111 applicant and shall, in such case, approve or deny an application within thirty (30) days 112 of the date of submittal of all required information. Any application meeting the 113 requirements of this ordinance and other applicable provisions shall be approved, and 114 any application not meeting all applicable requirements shall be denied with a statement 115 of reasons for such denial. 116 117 Sec. 210.2. Definitions. 118 119 The following definitions shall apply to all regulations pertaining to signs in this 120 ordinance, including regulations governing signs in zoning districts listed in section 121 102(a)(13): 122 123 Awning sign. A sign painted, sewn or otherwise affixed to the surface of an awning. 124 For purposes of this definition, an awning is a sheet of canvas or other material stretched 125 on a frame affixed to and projecting from a building or structure and used to keep the sun 126 or rain off of a storefront, window, doorway or deck. 127 128 Banner sign. A sign consisting of cloth displaying a message. 129 130 Billboard. A sign, including the supporting sign structure, that advertises or directs 131 132 133 signs lawfully located on public property. 134 3 135 Building crown sign. A wall sign mounted at least three-fourths (3/) of the distance 136 from ground level to the top of a building no less than thirty-two (32) feet in height. 137 138 Building frontage means the exterior length of that portion of a building occupied 139 exclusively by a single establishment. 140 141 Cabinet sign or box sign. A sign that has one or more plastic, acrylic, or similar 142 material panels that may or may not be internally illuminated. The sign panels may be 143 either flat or shaped (pan face) and are attached to a metal frame (cabinet). 144 145 Canopy sign. A sign permanently affixed to a building canopy. For purposes of this 146 definition, a canopy is a rigid structure projecting from a building or structure and used to 147 keep the sun or rain off of a storefront, window, doorway or deck. 148 149 Changeable copy. Informational content, such as removable lettering, that can be 150 readily altered by manual means. Changeable copy does not include electronic displays. 151 152 Channel lettering. A component of a sign consisting of letters and symbols 153 constructed and assembled as individual pieces, whether such pieces are individually 154 mounted or grouped together. 155 156 Electronic displays. A component of a sign containing light emitting diodes (LEDs), 157 fiber optics, light bulbs, plasma display screens or other illumination devices, or a series 158 of vertical or horizontal slats or cylinders that are capable of being rotated at intervals, 159 that are used to change the messages, intensity of light or colors displayed by such sign. 160 The term shall not include signs on which lights or other illumination devices display only 161 the temperature or time of day in alternating cycles of not less than five (5) seconds. 162 163 Freestanding sign. A sign supported by structures or supports that are independent 164 of any building or other structure. 165 166 Hanging sign. A sign that hangs from a soffit or other architectural feature of a 167 building or permanent structure or from a bracket affixed to a building wall. 168 169 Information board sign. A sign mounted within a display cabinet located in close 170 proximity to the entrance to a building. 171 172 Major tenant. A single establishment that occupies the space in a building with a 173 building wall height of at least thirty-five (35) feet and with at least one (1) continuous wall 174 containing at least eighty (80) feet of building frontage. 175 176 Marquee sign. Any sign attached to or hung from a marquee. For the purpose of this 177 article, a marquee is a covered structure projecting from and supported by the building 178 with independent roof and drainage provisions and which is erected over a doorway or 179 doorways. 180 4 181 Monument sign. A freestanding sign supported primarily by internal structural 182 framework or integrated into landscaping or other solid structural features other than 183 support poles, the base of which is at least seventy-five (75) percent of the total width of 184 the sign. Monument signs have the following additional characteristics: 185 186 (a) The width of the base does not exceed twice the height of the total sign structure 187 and does not extend more than one (1) foot beyond either outside edge of the 188 face of the sign; 189 (b) The height of the base is between eighteen (18) inches and four (4) feet; and 190 (c) The maximum height of the sign, as measured from ground level, does not 191 exceed eight (8) feet. 192 193 Neon sign. An illuminated sign containing a glass tube or tubes filled with neon, other 194 noble gases or phosphors, bent to form letters, symbols or other shapes. 195 196 Outdoor Advertising Sign. A sign and sign structure existing prior to February 9, 197 1987 providing displays or display space for general advertising. Such signs, commonly 198 referred to as "billboards," are generally designed so that the copy or poster on the sign 199 can be changed frequently and the advertising space is for lease. 200 201 Occupancy frontage. The exterior length of that portion of a building occupied by a 202 retail, office or other nonresidential use having at least one (1) exterior public entrance. 03 204 Projecting or blade sign. A sign that projects from and is supported by a wall or 205 parapet of a building with the display surface of the sign in a plane perpendicular to the 206 wall surface to which it is affixed. 207 208 Sandwich board or A-frame sign. A two-sided portable sign, hinged or attached at 209 the top of the sign panels. 210 211 Sign. Any structure, display, device or other object or thing, visible from any public 212 street or right-of-way, any area open to use by the general public, or any navigable body 213 of water, including, but not limited to, any word, letter, series of words or letters, painting, 214 mural, logo, insignia, emblem, service mark or other graphic or pictorial representation, 215 that: (i) identifies or advertises, or directs or attracts attention to, any product, 216 merchandise, service, business or establishment, (ii) suggests the identity or nature of 217 any business or establishment, (iii) invites or proposes a commercial transaction, or (iv) 218 communicates a message of a noncommercial nature. The term does not include 219 architectural elements incorporated into the style or function of a building, numerals 220 signifying a property address, dates of erection, monumental citations, commemorative 221 tablets and the like when carved into stone, concrete or similar material or made of 222 bronze, aluminum or other permanent type construction and made an integral part of the 223 structure. 224 225 Table umbrella sign. A sign that is part of the fabric, or affixed to the pole, of a table 226 umbrella. 5 227 228 Temporary sign. A sign constructed of cloth, canvas, vinyl, paper, plywood, fabric, or 229 other lightweight material designed to be displayed and removed within a limited period 230 of time and neither permanently installed in the ground nor permanently affixed to a 231 building or structure permanently installed in the ground. 232 233 Traffic direction sign. A sign, whether temporary or permanent, oriented primarily so 234 as to be visible to vehicles entering the premises on which such sign is located. 235 236 Wall sign. A sign attached to or painted on the wall of a building or structure in a 237 plane parallel or approximately parallel to the plane of said wall. 238 239 Window sign. A sign posted, painted, placed, or affixed in or on a window exposed 240 to public view. An interior sign that faces a window exposed to public view and that is 241 located within three (3) feet of the window shall be considered a window sign. 242 243 Sec. 211. Signs permitted in all districts. 244 245 The following types of signs are exempted from all of the provisions of this 246 ordinance, except for illumination, construction, and safety regulations and the following 247 standards: 248 249 (a) Reserved. 25C 251 (b) Temporary signs. 252 253 (1) Temporary signs at the site of any public, charitable, educational, religious 254 or other noncommercial event or function, located entirely upon the property 255 on which such event or function is held. Such signs shall be (i) set back no 256 less than seven (7) feet from the property line; (ii) no greater than thirty-two 257 (32) square feet in area; (iii) allowed no more than thirty (30) days prior to 258 the event or function and (iv) removed within seven (7) days after the 259 conclusion of the event or function. Such signs may be illuminated in 260 accordance with the restrictions set forth in section 213 hereof. If building- 261 mounted, such signs shall be flat wall signs and shall not project above the 262 roofline of the building to which they are affixed. If freestanding, the height 263 of any such sign shall be no more than twelve (12) feet above ground level. 264 (2) Temporary signs of a commercial nature at the site of any business 265 establishment holding a grand opening or other special event or promotion, 266 subject to the limitations set forth in subdivision (1) hereof. Such signs shall 267 not be displayed more than three (3) times per year at any business 268 establishment, or for any period in excess of seven (7) days. 269 (3) Temporary signs displayed upon balloons, subject to the requirements of 270 subdivision (2) hereof, provided, however, that balloons displaying such 271 signs may, if affixed to the roof of a building or structure, project no more 272 than thirty (30) feet above the roofline or, if affixed to the ground, have a 6 273 height not exceeding thirty (30) feet from ground level. Such signs shall not 274 exceed seventy-five (75) square feet in surface area. 275 (4) Temporary signs erected by civic leagues or property owners' associations 276 that are holding or have scheduled a meeting or event, provided that such 277 signs shall be located on property owned by the civic league or property 278 owners' association holding the meeting or event. Such signs shall be no 279 greater than thirty-two (32) square feet in area. No more than one (1) such 280 sign shall be permitted at each entrance to the neighborhood or subdivision 281 represented by the civic league or property owners' association. Such signs 282 shall be in place for no more than fourteen (14) days before the meeting or 283 event or three (3)days after the meeting or event has been held. Such signs 284 may be illuminated in accordance with the restrictions set forth in section 285 213. 286 (5) Temporary signs other than those allowed by the provisions of subdivisions 287 (1) through (4), subject to the following provisions: 288 289 a. Within a Preservation, Agricultural, Residential, Apartment, or Historic 290 and Cultural District, or a noncommercial area of a PD-H1 or PD-H2 291 Planned Development District, a total of sixteen (16) square feet of 292 temporary signage shall be allowed on a lot. Within all other districts, a 293 total of thirty-two (32) square feet of temporary signage shall be allowed 294 on a lot. No such sign shall be higher than eight (8) feet above grade 295 directly below such sign. 296 297 (c) Reserved. 298 299 (d) Private traffic direction signs not exceeding four(4) square feet in area. One (1) such 300 sign shall be permitted at each entrance or exit and at drive-through lanes. 301 302 (e) Reserved. 303 304 (f) Reserved. 305 306 (g) Construction signs. One (1) sign not exceeding thirty-two (32) square feet in area on 307 each roadway frontage adjoining an active construction site during the time 308 construction at such site or is actively under way. Such signs shall set back no less 309 than ten (10) feet from any property line. 310 311 (h) Reserved. 312 313 (i) Reserved. 314 315 (j) Signs for public schools or private schools having curriculums similar to public 316 schools:The following signs shall be permitted for public schools and private schools 317 having curriculums similar to public schools: 318 319 (1) Wall signs. A maximum of two (2)wall signs for each building wall facing a public 320 street, as prescribed below: 321 a. One (1) square foot of wall signage for every two (2) linear feet of each 322 building wall facing a public street, not to exceed one hundred (100) square 323 feet for each such wall, provided that signage on any building wall located 324 five hundred (500) feet or more from a public street shall not exceed two 325 hundred fifty (250) square feet. 326 327 (2) Freestanding monument signs, as prescribed below: 328 a. For schools located on lots less than fifteen (15) acres in area, one (1) 329 freestanding monument sign with a maximum of two (2) faces of forty (40) 330 square feet per face. 331 b. For schools located on lots fifteen (15) acres or more in area, a maximum 332 of one (1) freestanding monument sign no greater than forty (40) feet per 333 face in area per abutting street, located at the principal vehicular entrance 334 from each street. 335 c. No freestanding monument sign shall be installed within fifty (50) feet of a 336 residential use. 337 338 (k) Reserved. 339 340 (I) Construction fence signs. Signs on temporary protective fencing erected around a 341 site at which demolition or construction is being carried on shall be allowed, subject 342 to the following rcquircn nts: 343 344 (1) Signs consisting of banners, wraps or similar material shall be securely affixed 345 to the fence on which they are located, and any portions of a sign that become 346 partially detached shall be promptly re-affixed to the fence: and 347 (2) Signs and the fencing to which they are affixed shall be maintained in good 348 condition at all times and graffiti or other forms of defacement shall be removed 349 or repaired promptly. 350 351 (m) Signs for city-owned parks and recreation centers. The following signs shall be 352 permitted for city-owned parks and recreation centers: 353 354 (1) Wall Signs. City-owned parks and recreation centers may have a maximum of 355 two (2) wall signs for each building wall facing a public street, as prescribed 356 below: 357 358 a. One (1) square foot of wall signage for every two (2) linear feet of each 359 building wall facing a public street. Said signage shall not exceed a 360 maximum of one hundred (100) square feet for each such wall. 361 b. Any building wall located five hundred (500)feet or more from a public street 362 shall not exceed a maximum of two hundred and fifty (250) square feet of 363 signage for each such wall. 364 8 365 (2) Freestanding Signs. City-owned parks and recreation centers may have 366 freestanding monument signs as prescribed below: 367 368 a. Any city-owned park or recreation center located on a lot with an area less 369 than fifteen (15) acres shall be permitted one (1) freestanding monument 370 sign with a maximum of two (2) faces of forty (40) square feet per face. 371 b. Any city-owned park or recreation center located on a lot with an area of 372 fifteen (15) acres or more in size shall be permitted one (1) freestanding 373 monument sign per street, located at the principal vehicular entrance of 374 each street. In no case, shall there be more than one (1) freestanding 375 monument sign on each street. Each sign shall not exceed a maximum of 376 two (2) faces of forty (40) square feet per face. 377 378 c. No freestanding monument sign shall be installed within fifty (50) feet of a 379 residential use. 380 381 Sec. 212. Prohibited signs. 382 383 Except as otherwise provided, the following signs are prohibited: 384 385 (a) Signs that imitate an official traffic sign or signal or contain the words "stop," "go 386 slow," "caution," "danger," "warning," or words of similar import, except as 387 provided in section 211(d). 388 389 (b) Signs that, by reason of their size, location, movement, content, coloring, or 390 manner of illumination, are likely to be confused with or construed as a traffic- 391 control device, or that obscure any traffic or street sign or signal or obstruct the 392 view in any direction at a street intersection. 393 394 (c) Signs on any public property in any zoning district, except as otherwise expressly 395 allowed. 396 397 (d) Signs identifying or advertising an activity, business, product, or service no 398 ; 399 400 Reserved. 401 402 (e) Signs that contain or consist of pennants, ribbons, streamers, spinners, strings 403 of light bulbs, or other similar moving devices. Such devices, when not part of 404 any sign, are also prohibited when intended to attract attention to the 405 establishment on which they are located. 406 407 (f) Signs posted on or otherwise affixed to utility poles, trees, or fences, or in an 408 unauthorized manner to walls or other signs. 409 410 (g) Signs advertising activities that are illegal. 9 411 412 (h) Reserved. 413 414 (i) All portable or nonstructural signs, except as temporary signs as may be 415 expressly allowed. For purposes of this ordinance, a sign shall be considered as 416 portable or nonstructural if it has no permanently mounted, self-supporting 417 structure or is not an integral part of a building to which it is accessory. 418 419 (j) Reserved. 420 421 (k) Except as otherwise provided, signs projecting above the roofline or to a height 422 greater than three-fourths (%) of the vertical distance between the eaveline and 423 ridgeline of the roof of the building or structure on which they are located; 424 provided, however, that signs mounted on parapet walls may extend to a height 425 equal to, but no greater than, the height of the parapet wall. 426 427 (I) Reserved. 428 429 (m) Electronic display signs, except as expressly allowed by the city council in 430 conjunction with major entertainment venues or as otherwise provided in ccction 431 217 this ordinance. 432 433 (n) Any sign that emits sound, smoke, vapor, particles, or odors. 434 435 (o) Any sign larger in any respect than allowed in the zoning district in which the 436 sign is located. 437 438 Sec. 213. Illumination. 439 440 (a) The light from any illuminated sign shall be so shaded, shielded or directed that the 441 light intensity or brightness shall not adversely affect surrounding or facing premises 442 nor adversely affect safe vision of operators of vehicles moving on public or private 443 roads, highways, or parking areas. Light shall not shine or reflect in an offensive 444 manner on or into residential structures, including motels. 445 446 (b) No exposed reflective type bulbs or incandescent lamps shall be used on the exterior 447 surface of any sign in such a manner that will cause offensive glare on adjacent 448 property or create a traffic hazard. 449 450 (c) No sign shall contain or consist of blinking, flashing or intermittent lights or similar 451 illuminating devices, whether or not such devices constitute a public safety or traffic 452 hazard. 453 454 Sec. 214. Sign height, setback and landscaping. 455 10 456 (a) No freestanding sign shall exceed twelve (12) feet in height from ground level at the 457 base of such sign. 458 459 (b) No freestanding sign shall be set back less than seven (7) feet from any existing 460 public right-of-way; provided, however, that a freestanding sign having a height of 461 eight (8) feet or less may be set back five (5) feet from any such right-of-way. The 462 minimum sign setback from interstate roadways and expressways designated by the 463 city council shall be one hundred (100) feet. 464 465 (c) A minimum of seventy-five (75) square feet of planted area shall be provided around 466 any freestanding sign, in accordance with the following requirements: 467 468 (1) Planting materials shall include a combination of grass, ground cover and low 469 shrubs not exceeding a height of three (3) feet at maturity or design elements 470 used in conjunction with the sign, not exceeding the three (3) foot height limit; 471 (2) All plant materials shall be placed in a defined planting area, which shall be a 472 minimum of six (6) feet in width and shall be maintained so as not to obstruct the 473 view of the sign face on either side; 474 (3) All plant materials shall be subject to the approval of the planning director or his 475 designee in accordance with established industry standards; 476 (4) Landscaping shall be compatible with parking lot plantings in order to help 477 achieve the goal of a unified project design; and 478 (5) Landscaping shall be included as a credit in the calculation of any required 479 parking lot landscaping as specified in Section 5A of the S to Plan Ordinance 480 (Parking Lot and Foundation Landscaping). 481 482 (d) Freestanding signs, including replacements of sign faces, shall display the street 483 number of the property upon which the sign is located. Such display shall consist of 484 numerals no larger than twelve (12) inches and no less than six (6) inches in height 485 and shall be located within, but not extended above, the top portion of the face of the 486 sign, unless impractical. The portion of the sign displaying the street number shall 487 not be deemed a part of the sign for purposes of measuring the surface area of such. 488 489 Sec. 215. Nonconforming signs. 490 491 (a) Notwithstanding the provisions of section 105(f) of this ordinance, no nonconforming 492 sign shall be structurally altered, enlarged, moved or replaced, whether voluntarily or 493 by reason of involuntary damage to or destruction of such sign, unless such sign is 494 brought into compliance with the provisions of this ordinance or is specifically allowed 495 by City Council in accordance with the provisions of section 105.. Except as provided 496 in section 216, no nonconforming sign shall be repaired at a cost in excess of fifty 497 (50) percent of its original cost unless such sign is caused to comply with the 498 provisions of this ordinance. Any nonconforming sign in an unsafe condition shall be 499 removed. 500 11 501 (b) Any nonconforming sign that has been abandoned for a period of two years or longer 502 shall be removed by the owner of the property on which the sign is located, after 503 notification by the zoning administrator. If, following such two-year period, the zoning 504 administrator has made a reasonable attempt to notify the property owner, the city 505 through its own agents or employees may enter the property upon which the sign is 506 located and removed any such sign wherever the owner has refused to do so. The 507 cost of such removal shall be chargeable to the owner of the property. Nothing herein 508 shall prevent the city from applying to a court of competent jurisdiction for an order 509 requiring the removal of such abandoned nonconforming sign by the owner by means 510 of injunction or other appropriated remedy. For purposes of this section, a sign shall 511 be deemed to be abandoned if the business for which the sign was erected has not 512 been in operation for a period of at least two (2) years. 513 514 (c) Notwithstanding the provisions of subsection (a) hereof, the zoning administrator 515 may, at his—discretion and with the concurrence of the director of planning, City 516 Council may vary the requirements of this ordinance pertaining to the allowed number 517 of signs, total sign area, individual sign area, number of freestanding signs and height 518 of freestanding signs in cases in which the owner of a sign or other proper party 519 desires to repair, replace, relocate or structurally alter an existing nonconforming sign 520 or combination of signs and such repair, replacement, relocation or structural 521 alteration is not required, or has not been made necessary, by reason of damage, 522 destruction, deterioration, disrepair or noncompliance with applicable building code 523 standards or any of the provisions of this ordinance. 524 525 (d) Nothing in this section shall be construed to limit or otherwise impair the right of any 526 proper party to apply to the board of zoning appeals for a variance from any of the 27 sign regulations set forth in this ordinance. 528 529 (e) The repair of nonconforming outdoor advertising signs visible from the main traveled 530 way of any interstate highway, federal-aid primary highway, as that system existed 531 on June 1 , 1991, or national highway system highway shall be governed by the 532 provisions of Code of Virginia, § 33.2-1219, the regulations promulgated thereunder 533 or any successor statute or regulation. No building permit authorizing the repair of 534 any such outdoor advertising sign shall be issued unless the owner of the outdoor 535 advertising sign provides to the building codes administrator a letter from the 536 commonwealth transportation commissioner approving the proposed repairs. In the 537 event the building codes administrator determines that the cost of the proposed 538 repairs exceeds fifty (50) percent of the replacement cost of the outdoor advertising 539 sign, he shall, within thirty (30) days of the filing of the building permit application, 540 submit an objection to the determination of the commissioner, together with 541 documentation supporting such objection. A copy of such objection and 542 documentation shall be provided to the outdoor advertising sign owner. The 543 determination of the commissioner upon reconsideration shall be binding. 544 12 545 Sec. 216. Outdoor advertising structures, billboards, signboards and poster 546 panels. 547 548 (a) No new billboards shall be erected within the city, effective immediately. All existing 549 550 billboard heretofore erected shall be located, in whole or in part, upon improved 551 property. All outdoor advertising signs shall comply with the dimensional regulations 552 and setbacks of this ordinance that are applicable for freestanding signs in the zoning 553 district in which the sign is located, with the addition of the requirements listed below. 554 555 (b) No billboard outdoor advertising sign shall be located within five hundred (500) feet 556 of an interchange, or intersection at grade, on any highway, interstate or city council 557 designated expressway (measured along the highway, interstate or expressway to 558 the nearest point of the beginning or ending of pavement widening at the exit from or 559 entrance to the main traveled way). On all other streets, no billboard shall be located 560 within two hundred (200) feet of any right-of-way of any underpass, overpass, bridge 561 or tunnel or a plaza serving such facility. 562 563 (c) No billboard outdoor advertising sign shall be located within: (i) fifty (50) feet of any 564 property line; (ii) six hundred sixty (660) feet of the right-of-way line of any interstate 565 or expressway designated by city council; (iii) twenty-five (25) feet of the right-of-way 566 of any other street; or (iv) two hundred (200) feet of any residential or apartment 567 zoning district. No billboard shall be located upon any lot having a street frontage of 568 less than two hundred (200) feet and an area of less than ten thousand (10,000) 569 square feet. 570 571 (d) The repair of lawfully nonconforming billboards visible from the main traveled way of 572 any interstate highway, federal aid primary highway, as that system existed on June 573 1, 1991, or national highway system highway shall be governed by the provisions of 574 Code of Virginia, § 33.2 1219, the regulations promulgated thereunder or any 575 576 billboard shall be issued unless the owner of the billboard provides to the building 577 codes administrator a letter from the commonw 578 approving the proposed repairs. In the event the building codes administrator 579 determines that the cost of the proposed repairs exceeds fifty (50) percent of the 580 replacement cost of the billboard, he shall, within thirty (30) days of the filing of the 581 building permit application, submit an objection to the determination of the 582 commissioner, together with documentation supporting such objection. A copy of 583 such objection and documentation shall be provided to the billboard owner. The 584 determination of the commiQsioner upon reconsideration shall be binding. 585 586 Sec. 217. Electronic displays by automobile service 587 stations. 588 589 Motor vehicle fuel prices may be displayed on an electronic display sign Any parcel 590 operated as an automobile service station and is engaged in the sale of motor vehicle 13 591 fuel shall be permitted electronic display on the allowable freestanding signage, subject 592 to the following requirements: 593 594 (a) Such signs shall be allowed only pursuant to a conditional use permit authorizing 595 an automobile service station at which motor vehicle fuels are offered for sale or at 596 establishments for which a conditional use permit allowing such fuel sales has previously 597 been granted and remains in effect. 598 599 (b) Such signs shall conform to the following requirements: 600 601 (1) No more than one such sign shall be permitted on any zoning lot; 602 (2) Such signs shall be monument-style, as defined in section 210.2, and no 603 such sign, including the base, shall exceed a height of eight (8) feet; 604 (3) No such sign shall have more than three (3) separate panels capable of 605 displaying information electronically_, and each such panel shall be limited 606 . The total area of the portion of that 607 sign that is capable of electronic displays shall not exceed twelve (12) 608 square feet in area; 609 (4) The pixel pitch of the electronic display portion of such signs shall be 610 nineteen (19) millimeters or smaller; 611 (5) Fuel prices Electronic displays shall not be changed more often than two 612 (2)times in any twenty-four(24) hour period, and scrolling, flashing, blinking 613 or any other type of intermittent movement or illumination of elements of the 614 electronic display shall be prohibited. Change sequences shall be 615 accomplished by means of instantaneous re-pixelization; 616 (6) Electronic displays shall consist of no more than two (2) colors; 617 (7) Audio speakers on, or electronically connected to, such signs shall not be 618 permitted; 619 (8) Such signs shall not exceed a maximum illumination of five thousand 620 (5,000) candelas per square meter from sunrise to sunset or five hundred 621 (500) candelas per square meter between sunset and sunrise, as measured 622 from the sign face at maximum brightness, and shall be equipped with a 623 working dimmer control device capable of automatically reducing the 624 illumination to the required sunset-to-sunrise level. Prior to the issuance of 625 a sign permit, the applicant shall provide written certification from the sign 626 manufacturer that the light intensity has been factory pre-set not to exceed 627 the maximum intensity level; and 628 (9) The electrical service lines providing power to such signs shall be 629 underground. 630 631 Sec. 218. Major entertainment venue and major retail signs. 632 633 Signage for major entertainment venues and major retail venues, other than 634 signage otherwise allowed, shall be allowed only with the approval of the City Council 635 and shall be subject to the following requirements: 636 14 637 (a) An application for such signage shall be submitted to the Planning Director by 638 the property owner, contract purchaser with the written consent of the property 639 owner, or the duly authorized agent for the property owner. Applications shall 640 include a fee in the amount of eight hundred dollars ($800.00), and the required 641 plan as described in subsection (b), along with any other information required by 642 the Planning Director. Applications shall be heard by the Planning Commission 643 and the City Council in accordance with the procedures prescribed in 644 subsections (d) and (e) of section 221 of the City Zoning Ordinance. 645 646 (b) The sign plan shall show, in the form and manner specified by the Planning 647 Director, the type, location, setback, size, dimensions and height of all signs, 648 and any other characteristics of or information pertaining to such signage 649 deemed necessary by the Planning Director in order to adequately evaluate the 650 proposed sign plan according to the criteria set forth in subsection (d). Individual 651 banners intended to display special or recurring events or activities shall not be 652 required to be approved separately, but it shall be sufficient that the sign plan 653 show the number, size and location of banners generally. 654 655 (c) Where a sign plan for a major entertainment venue includes electronic display 656 signage, the following additional information shall be provided: 657 658 (1) The pixel pitch of the proposed electronic display signs; 659 (2) Whether such signs will display static or animated text or images, and the 660 dwell time for each display; 661 (3) The maximum and minimum illumination level in candelas per square meter, 662 and the times during which such illumination levels will be used; and 663 (4) In no case shall any electronic display sign contain, or be connected to, 664 audio speakers, and all electrical service lines providing power to such signs 665 shall be underground. 666 (5) Major retail venues shall not be permitted to have electronic display 667 signage. 668 669 (d) The City Council shall consider the following criteria in acting upon an 670 application: 671 672 (1) The extent to which the proposed signage is consistent with applicable sign 673 regulations and Sign Design Guidelines, if any, of the district; 674 (2) The extent to which the proposed signage is consistent with the 675 recommendations of the Comprehensive Plan; 676 (3) The extent to which the scale, color, materials, shape, illumination and 677 landscaping of the proposed signage, considered as a whole, is compatible 678 with surrounding properties; 679 (4) The impact of the proposed signage on traffic safety, taking into 680 consideration the degree to which view obstructions are created or 681 improved, avoidance of confusion with or obstruction of traffic control signs 682 and devices, and other safety-related factors; and 15 683 (5) The degree to which the proposed signage is integrated into a unified 684 development concept, considering the building design, other signs, 685 landscaping, traffic circulation, and other development features of the 686 property. 687 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day of June , 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -16194 f9 41c; kX 11 -iggN Planning Department City Attorne ' Office CA15378 R-3 May 10, 2021 16 66 ITEM— VLJ.9a PLANNING ITEM#71733 The following registered to speak regarding proposed Short Term Rental Ordinances: Larry Horvath, 2505 Indian Hill Road, Phone: 284-1942, spoke in SUPPORT Carolyn Danielle did not respond Sarah Houck, Chesapeake Beach Civic League, 5032 Lauderdale Avenue, Phone: 464-4989, spoke in SUPPORT Elaine Fekete, Virginia Beach Short Term Rental Alliance Organization, 3012 Sand Bend Road, Phone: 435-6965, spoke in OPPOSITION Dave Jester, 200 63rd Street, Phone: 435-3581, spoke in OPPOSITION Jeffrey Stradler, 209 656 Street, Phone: 675-0032, spoke in SUPPORT Nancy Parker, 513 21s`Street, Phone: 651-4848, spoke in SUPPORT of OR Overlay District Robert Fatovic, 404 33 %a Street, Phone: 703-582-2835, requested deferral Kendall Maynard, 108 45`"Street, Phone: 705-0574, spoke in OPPOSITION Donald Cutchin, 108 45th Street, Phone: 804-432-6543, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Page Miyares, 932 Laskin Road, Phone: 201-2888, requested deferral Brandon Beavers, 6465 College Park Square#208, requested deferral Gerrie West, 217 75th Street, Phone: 408-2989, spoke in SUPPORT Todd Solomon, President—Shore Drive Coalition, 2260 First Landing Lane, Phone: 667-8533, spoke in OPPOSITION to Overlay District in the Shore Drive area Suzanne Oleszko, 312 Artic Crescent, Phone: 718-5597, spoke in OPPOSITION Dana Sampson, P. O. Box 61143, Phone: 620-2872, requested deferral Jason Sampson P. O. Box 61143, Phone: 620-2872, requested deferral Gayle Mottola, 115 88th Street, Phone: 515-3449, spoke in SUPPORT of Council Member Tower's recommendation Shirley Flumerfelt, 2275 Saint Marshal Drive, Phone: 412-5422, spoke in OPPOSITION Andrew Vakos, 501 14th Street, Phone: 478-0208, requested deferral Ron Asher, 209 A 72nd Street, Phone: 425-0944, spoke in OPPOSITION to Overlay District in the North End Polly Street, 218 881"Street,Phone: 703-895-1523,spoke in OPPOSITION to Overlay District in the North End Samuel Jones, 308 276 Street, Phone: 472-7873, spoke in SUPPORT of OR Overlay District, requested Old Beach be included Daniel Blevins, 4622 Lauderdale Avenue, Phone: 449-3963, spoke in OPPOSITION Diana Albis, President—Cape Story By the Sea Civic Association, spoke in OPPOSITION June 15, 2021 67 ITEM— VLJ.9a PLANNING ITEM#71733 (Continued) John David, President-North Virginia Beach Civic League, spoke in SUPPORT Barbara Clark, 411 16th Street, Phone: 332-3567, spoke in SUPPORT Andrea Chambers, 218 56th Street, spoke in OPPOSITION to Overlay District in the North End Alex Fatovic, 404 33 '/Street, Phone: 703-582-2835, requested deferral Arica Atkins, 2201 Tanglewood Trail, Phone: 618-2200, spoke in OPPOSITION Lee Atkins, 2201 Tanglewood Trail, Phone: 618-2200, requested deferral Gary Sharpe, 414 48th Street, Phone: 544-0885, spoke in OPPOSITION to Overlay District in the North End Andrew Cohen, 7810 Oceanfront Avenue, Phone: 703-855-2184, spoke in OPPOSITION to Overlay District in the North End Chris Herman, 5608A Atlantic Avenue, Phone: 804-272-7016, , spoke in SUPPORT to Overlay District in the North End Chris Martin, Princess Anne Hills Civic League, 400 Susan Constant Drive, Phone: 803-7241, spoke in OPPOSITION Kim Davenport, 2222 Artic Avenue, Suite 1, Phone: 703-402-4561, requested deferral Charity Figallo, 217 Green Spring Court, Phone: 403-3249, spoke in OPPOSITION Enit Kaduku, 528 Vanderbilt Avenue, Phone: 703-517-9772, spoke in OPPOSITION Sierra Alderman, Phone: 719-213-8854, spoke in OPPOSITION Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council DEFERRED TO JULY 6, 2021,Application of CITY OF VIRGINL4 BEACH—Ordinance re Short Term Rentals: a. AMEND City Zoning Ordinance(CZO)Section 102 re establish Short Term Rental Overlay Districts, East Shore Drive, North End and Oceanfront Resort (Requested by Vice Mayor Wood, Council Members Jones and Tower) Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Louis R.Jones, John D.Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer June 15, 2021 68 ITEM— VLJ.9b PLANNING ITEM#71734 Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council DEFERRED TO JULY 6,2021,Application of CITY OF VIRGINIA BEACH—Ordinance re Short Term Rentals: b. 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(Planning Commission Version) Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer June 15, 2021 69 ITEM— VLJ.9c PLANNING ITEM#71735 Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council DEFERRED TO JULY 6,2021,Application of CITY OF VIRGINIA BEACH—Ordinance re Short Term Rentals: c. AMEND Sections 401, 501, 601, 901, 1110, 1125, 1521, and 2203 of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code re Requirements and Use of Short Term Rentals and Overlays (Planning Commission Version) Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Louis R.Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer June 15, 2021 70 ITEM— VLJ.9d PLANNING ITEM#71736 Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council DEFERRED TO JULY 6, 2021,Application of CITY OF VIRGINL4 BEACH—Ordinance re Short Term Rentals: d. AMEND Section 241.2 of the CZO re Short Term Rentals and establishing Additional Safety Requirements(Planning Commission Version) Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott Mayor Robert M. Dyer June 15, 2021 71 ITEM— VI.J.9e PLANNING ITEM#71737 Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council DEFERRED TO JULY 6, 2021,Application of CITY OF VIRGINL4 BEACH—Ordinance re Short Term Rentals: e. ADD Article 23, Consisting of Sections 2300 - 2303, (Short Term Rental Overlay Districts) to the CZO, establishing Regulations and Requirements re Short Term Rentals in Each Overlay District(Planning Commission Version) Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott Mayor Robert M. Dyer June 15, 2021 72 ITEM— VLJ.9f PLANNING ITEM#71738 Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council DEFERRED TO JULY 6, 2021,Application of CITY OF VIRGINIA BEACH—Ordinance re Short Term Rentals: f ESTABLISH Transitions Rules for the Review of Conditional Use Permits re Short Term Rentals in the Short Term Rental Overlays (Requested by Vice Mayor Wood, Council Members Jones and Tower) Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer June 15, 2021 73 ITEM— VLK. APPOINTMENTS ITEM#71739 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 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 TRANSITIONAREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE June 15, 2021 74 ITEM— VLK. APPOINTMENTS ITEM#71740 Upon NOMINATION by Council Member Jones, City Council APPOINTED: BARBARA M.HENLEY (Council Member) GREEN RIBBON COMMITTEE Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Louis R.Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer June 15, 2021 75 ITEM— VI.K. APPOINTMENTS ITEM#71741 Upon NOMINATION by Council Member Jones, City Council APPOINTED: KRISHA LOFTUS MANAN SHAH Two year term 6/15/2021—5/31/2023 MINORITY BUSINESS COUNCIL Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi,Barbara M. Henley, Louis R. Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer June 15, 2021 76 ITEM— VLK. APPOINTMENTS ITEM#71742 Upon NOMINATION by Council Member Jones, City Council APPOINTED: DAVID BRADLEY Unexpired thru 6/30/2022 Plus Four year term 7/1/2022—6/30/2026 SOCIAL SERVICES Al)VISOR Y BOARD Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Louis R.Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer June 15, 2021 77 ITEM— VLK. APPOINTMENTS ITEM#71743 Upon NOMINATION by Council Member Jones, City Council APPOINTED: OFFICER DOUGLAS READER Unexpired thru 5/31/2022 Plus Three year term 6/1/2022—5/31/2025 CITIZENS REVIEW PANEL TASK FORCE Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Barbara M.Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Mayor Robert M. Dyer June 15, 2021 78 ADJOURNMENT ITEM#71744 Vice Mayor James L. Wood DECLARED the City Council FORMAL SESSION ADJOURNED at 10:55 P.M. Terri . heli s James L. Wood Chief Deputy City Clerk Vice Mayor Am % Ball;,MMC Robert M. Dyer City " erk Mayor June 15, 2021