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Home My WebLink AboutJULY 6, 2021 FORMAL SESSION MINUTES \\ S4r",A -'46cr Ut, O, OUR N�S'O VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 6, 2021 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in City Council Chamber, City Hall, on Tuesday,July 6, 2021, at 3:00 P.M Council Members Present: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi—Ill John D. Moss—Arrived at 6:55 P.M. 2 CITY MANAGER'S BRIEFING SOUTHEASTERN HIGHWAY MEMORANDUM OF UNDERSTANDING TERMINATION ITEM#71752 3:01 P.M. Mayor Dyer welcomed David Jarman, Transportation Division Manager— Public Works. Mr. Jarman expressed his appreciation to City Council for their continued support: OVA° - _. M Y!.. 1 f ay 8 - 1 01 Southeastern Parkway & Greenbelt MOU Termination with the City of Chesapeake City Council Briefing David S.Jarman.PE hansporlafon Division Manager July 6,2021 Agenda 1. Today's Purpose 2. Background 3. Current Status 4. Next Steps Public Works 0 July 6, 2021 3 CITY MANAGER'S BRIEFING SOUTHEASTERN HIGHWAY MEMORANDUM OF UNDERSTANDING TERMINATION ITEM#71 752 Here is Today's Purpose: 3i •Purpose: Consider terminating the SEPG Memorandum of Understanding (MOU) with the City of Chesapeake •Issues: •City of Chesapeake has sent VB a request to terminate the SEPG MOU signed by both cities in 2001 and amended in 2005 •Public input on what to do with SEPG right-of-way was planned with the Comp Plan update •Comp Plan Update has been delayed due to COVID impacts— currently projected to be completed in 2023 oday's Purpose = ` r�w� •Southeastern Parkway & Greenbelt (SEPG): •Proposed as a regional ,�-- A ! access limited roadway •Shown on the VB �, +ems! Master Transportation • -__ '• � Plan (MTP) _ •MTP was adopted with SEPG _. � the VB Comprehensive __ - Plan in 2016 July 6, 2021 4 CITY MANAGER'S BRIEFING SOUTHEASTERN HIGHWAY MEMORANDUM OF UNDERSTANDING TERMINATION ITEM#71 75 2 1. Today's Purpose •SEPG layout: • • • 'cqy, Dam Neck Rd • ;AN The next three(3)slides provide the Background: 2. Background •SEPG Timeline: 1989:Draft 1998:FHWA suspends 2005.MOU 2008:FEIS 2013: Oct 2016: EIS participation citing mended FHWA Initiated OW Presentation published pendingneed for a approval Modeling to VA Council incn tpublk not male Work public) viability of SEPG• • 0 0 0 0 0 0 0 0 0 0 0 0 0 1983:SEPG 1994: 2001.Ong:nal 2006:Firsal Ely 2009:FHWA March 2016: Des 2020k. envisioned by EIS document betMO ngnVBi'd submitted for Creed tded Final exults Chesapeake VB and EIS published between v8 approval rescinded of OW requests Chesapeake published and Modeling tenninatton of Chesapeake I the MOU Overall project determined to be non- viable due to cost,limited traffic benefits,&environmental impacts July 6, 2021 5 CITY MANAGER'S BRIEFING SOUTHEASTERN HIGHWAY MEMORANDUM OF UNDERSTANDING TERMINATION ITEM#71752 2. Back•round 0... •Original SEPG MOU was adopted by VB and Chesapeake in 2001 •Provisions included: ➢Impacts to adjacent property owners (Chesapeake) ➢Fiscal resources committed to the project (Chesapeake) >Wetland mitigation (Chesapeake) >Alignment concerns (Chesapeake) >Both cities would be equal partners in any proposed Public/Private Partnership (VB & Chesapeake) 2. Background •SEPG MOU was amended in 2005 •Amendment included: ➢Provisions for the Oak Grove Connector (Chesapeake) :Right-of-way and easement acquisition provisions (Chesapeake) Fiscal considerations for tolling (VB & Chesapeake) Provision stating that if the SEPG project does not go forward, any funding would be sent back to the Regional Municipal Planning Organization (MPO) for re-allocation (VB & Chesapeake) July 6, 2021 6 CITY MANAGER'S BRIEFING SOUTHEASTERN HIGHWAY MEMORANDUM OF UNDERSTANDING TERMINATION ITEM#71 75 2 The next three(3)slides provide the Current Status: 3... urrent Status •From October 2016 Council Briefing: •Is the SEPG still a viable and permittable regional limited access roadway? NO SEPG Update •Are there segments of the SEPG City Council Bnefing Wan,ll.l0e alignment that have independent utility as roadway segments? YES •Are there other future/potential uses for the SEPG R/W? YES—utilities and other 1.6VirginiaBeach transportation uses 3. Current Status •From October 2016 Council Briefing: 14. • t •Traffic modeling was performed to / O create 5 logical segments: • •Si: 1-264 to Oceana Blvd. ' ›' •S2:Oceana Blvd.to Dam Neck Rd - O `� • Dam Neck Rd to Princess Anne Rd •S4: Princess Anne Rd to Indian River Rd •S5: Indian River Rd to Chesapeake 0, N \• r i es— E s -0 J July 6, 2021 7 CITY MANAGER'S BRIEFING SOUTHEASTERN HIGHWAY MEMORANDUM OF UNDERSTANDING TERMINATION ITEM#71752 • . Current Status adi •From Oct 2016 Council Briefing: •Staff recommendation: Remove Segments 1 & 2 \•' (:)*K >Retain Segments 4 & 5, - - Q and part of Segment 3 co:0,- (Holland Rd to Chesapeake QSQP „et.--' s Ret5;c\ , City Line) •\. : The next two (2)slides provide the Next Steps: P1KM'wtr •Potential future uses for SEPG ROW: •Transportation: 2-lane roadway (Greenbelt Phase I & II) •Active Transportation: Bike &trail facilities •Utility Corridor •Sell property or consider other economic development •TBD: based on public input from Comp Plan process •Combination of the above July 6, 2021 8 CITY MANAGER'S BRIEFING SOUTHEASTERN HIGHWAY MEMORANDUM OF UNDERSTANDING TERMINATION ITEM#71752 4. Next Steps . - _ •Primary Recommendation: •Terminate SEPG MOU with Chesapeake • No fiscal or contractual commitments for VB •Other Considerations: •Continue to explore options for SEPG R/W usage •Solicit public input on potential SEPG uses during Comp Plan update • Hold formal SEPG R/W decisions until new Comp Plan is adopted by Council (projected to be 2023) C Discussion Mayor Dyer expressed his appreciation to Mr.Jarman for the presentation. July 6, 2021 9 CITY COUNCIL DISCUSSION/INITIATIVES FLOOD PROTECTION PROGRAM BOND REFERENDUM ITEM# 71753 3:16 P.M. Mayor Dyer opened the discussion. City Manager Duhaney welcomed Ronald H. Williams,Jr.,Deputy City Manager,and requested he provide an update of the status on the proposed Resolution regarding the Flood Protection Bond Referendum. Mr. Williams distributed copies of City Council Staff Report dated July 2, 2021, with the revised Resolution and Alternate Resolution, attached hereto and made a part of the record. Mr. Williams summarized the Resolutions and requested guidance from City Council on finalizing the Resolution in order for it to be prepared for consideration on July 13, 2021. Council Member Henley advised it is critical to get an affirmative vote for the Bond Referendum in November and City Council must be in position to discuss the entire aspect offlooding to citizens in order to gain their trust and support. Council Member Henley provided examples of the Nimmo Parkway project in Sandbridge, which is already funded, and will be built to accommodate three (3)feet of sea level rise, and how individuals who want to make their driveways imperviable, can apply for a grant through the VCAP System. Council Member Henley advised citizens need to be informed of the totality of flood mitigation from Bond Projects, CIP Projects, maintenance, drainage and on to the flood mitigation options individuals have. Mr. Williams advised the Comprehensive Flood Program includes operations, maintenance and sea level rise and is within the educational plan that will be provided to citizens as well as economic and environmental impact information. Mr. Williams advised the critical path now is to have an affirmative Resolution in time to petition the Circuit Court and have the Referendum on the ballot. Council Member Henley again expressed concern that there is not enough time to provide the necessary education before early voting begins in September. Vice Mayor Wood advised he is also concerned with the short amount of time available to provide necessary information to the public and believes if the question on the ballot does not include the projects that will be funded, the Referendum will fail. Council Member Wilson asked if the question can include, "this is part of a comprehensive plan to address not only flooding but sea level rise"to ensure the public understands this is all encompassing? Mr. Williams advised the term, "Comprehensive Flood Program" is embedded in the question but can certainly be amended. City Manager Duhaney advised the current language provides the capacity for future initiatives to include sea level rise if the Body choses to do so. City Manager Duhaney expressed his understanding of the need to have comprehensive dialogue as it relates to the Flood Protection Program and not just the Bond July 6, 2021 10 CITY COUNCIL DISCUSSION/INITIATIVES FLOOD PROTECTION PROGRAM BOND REFERENDUM ITEM# 71753 Projects which is included in the Communications Plan and will be presented to the Body before going out to the community. Mayor Dyer suggested including consequential information in the education plan if the Bond Referendum does not pass and provide a few of the tangible benefits for those who do not experience flooding in their neighborhood such as access to the military bases or driving from one neighborhood to another. Council Member Jones asked who is in charge of the communications piece? Mr. Williams advised in April the City contracted Jacobs Engineering to provide a team who have been working on developing the platform partners, conducting surveys and scientific polling. Mr. Williams advised results from the surveys and polling will be presented to the Body next week. Mayor Dyer advised the Consensus from the Body is to amend the revised Resolution proposed to include the language on lines 45-50 of the Alternate Resolution and provide to the Body for consideration during the next City Council Meeting on July 13`h. July 6, 2021 E.401 Q0;41 , City Council Staff Report ".6 Subject/Title: Flood Protection Program Bond Referendum Resolution Author: Patrick A. Duhaney, City Manager lb., PRE Department(s): City Manager's Office / City Attorney's Office Date: July 2, 2021 Type of Item: Revised Resolution Alternatives for City/City Council to Consider and Recommendations Based on the discussion and direction we received during your June 22 City Council meeting, attached is the revised proposed resolution regarding the Flood Protection Program Bond Referendum that includes the projects listed in the question. We also have attached an alternative version that does not include the project details, but adds a requirement that if the referendum question authorized herein is answered in the affirmative, the city manager is directed to establish a dedicated web page on the City's website that includes each of the projects listed in Exhibit A and the progress —by dollar amount spent and by milestone achieved—toward completion of such projects. It would also direct that the manager to provide quarterly update reports to the City Council regarding the execution of these projects. Please contact me, Ron Williams, or Dana Harmeyer with any questions. Attachments • Revised resolution • Alternate resolution REQUESTED BY 1 A RESOLUTION TO DIRECT THE FILING OF A REQUEST 2 FOR REFERENDUM ON THE QUESTION OF ISSUING 3 $567,500,000 OF GENERAL OBLIGATION DEBT FOR 4 FLOOD MITIGATION MEASURES 5 6 WHEREAS, the City has identified flood mitigation projects where the authorization 7 of general obligation debt would significantly accelerate the delivery of such projects; 8 9 WHEREAS, the City Charter limits the amount of general obligation debt the City 10 can issue without a referendum; 11 12 WHEREAS, the City Council desires a referendum be held to authorize 13 $567,500,0000 in general obligation debt; and 14 15 WHEREAS, if the referendum question is answered in the affirmative, the City 16 Council would authorize the issuance of such general obligation debt in accordance with 17 the provisions of the City Charter and the Public Finance Act; 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA, THAT: 21 22 The City Council hereby directs the filing with the circuit court requesting an order 23 for a referendum upon the issuance of general obligation debt in accordance with the 24 provisions of the City Charter and the Public Finance Act, and the question to be asked 25 is as follows: 26 27 Shall the City of Virginia Beach issue general obligation bonds in the maximum 28 amount of $567,500,000 pursuant to the City Charter and the Public Finance Act 29 to fund the design and construction of flood mitigation measures citywide, including 30 the following Phase 1 projects: Chubb Lake / Lake Bradford Outfall, Church 31 Point/Thoroughgood Drainage Improvements, Central Resort District- 24th Street 32 Culvert, Central Resort District Drainage Improvements, Eastern Shore Drive - 33 Elevate Lynnhaven Drive, Eastern Shore Drive - Phase I, Section 1F 34 Improvements, Eastern Shore Drive - Phase I, Section 1G Improvements, Eastern 35 Shore Drive - Poinciana Pump Station, First Colonial Road & Oceana Boulevard 36 Drainage Improvements, Princess Anne Plaza Golf Course Conversion, Princess 37 Anne Plaza North London Bridge Creek Tide Gate, Barriers, and Pump Station, 38 Pungo Ferry Road Improvements, Sandbridge/New Bridge Intersection 39 Improvements, Seatack Neighborhood Drainage Improvements, Stormwater 40 Green Infrastructure, The Lakes - Flood Barriers, The Lakes - Holland Road Gate, 41 West Neck Creek Bridge Replacement, Windsor Woods - Thalia Creek/Lake 42 Trashmore Improvements, Windsor Woods Flood Barriers, and Windsor Woods 43 Pump Station? 44 45 [ ] Yes 46 47 [ ] No 1 48 BE IT FURTHER RESOLVED, THAT: 49 50 The City Manager and the City Attorney are hereby directed to take such actions 51 as are necessary and appropriate to have such referendum election held at the November 52 2021 election including, without limitation, the notification of the Voter Registrar and State 53 Board of Elections and the distribution of information in conformity with § 24.2-687 of the 54 Code of Virginia. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. 2 REQUESTED BY 1 A RESOLUTION TO DIRECT THE FILING OF A REQUEST 2 FOR REFERENDUM ON THE QUESTION OF ISSUING 3 $567,500,000 OF GENERAL OBLIGATION DEBT FOR 4 FLOOD MITIGATION MEASURES 5 6 WHEREAS, the City has identified flood mitigation projects where the authorization 7 of general obligation debt would significantly accelerate the delivery of such projects; 8 9 WHEREAS, the City Charter limits the amount of general obligation debt the City 10 can issue without a referendum; 11 12 WHEREAS, the City Council desires a referendum be held to authorize 13 $567,500,0000 in general obligation debt and a list of projects to be funded with such 14 debt is attached hereto and incorporated herein as Exhibit A; and 15 16 WHEREAS, if the referendum question is answered in the affirmative, the City 17 Council would authorize the issuance of such general obligation debt in accordance with 18 the provisions of the City Charter and the Public Finance Act; 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA, THAT: 22 23 The City Council hereby directs the filing with the circuit court requesting an order 24 for a referendum upon the issuance of general obligation debt in accordance with the 25 provisions of the City Charter and the Public Finance Act, and the question to be asked 26 is as follows: 27 28 Shall the City of Virginia Beach issue general obligation bonds in the maximum 29 amount of $567,500,000 pursuant to the City Charter and the Public Finance Act 30 to fund the design and construction of flood mitigation measures citywide? 31 32 [ ] Yes 33 [ ] No 34 35 BE IT FURTHER RESOLVED, THAT: 36 37 The City Manager and the City Attorney are hereby directed to take such actions 38 as are necessary and appropriate to have such referendum election held at the November 39 2021 election including, without limitation, the notification of the Voter Registrar and State 40 Board of Elections and the distribution of information in conformity with § 24.2-687 of the 41 Code of Virginia. 42 43 BE IT FURTHER RESOLVED, THAT: 44 45 If the referendum question authorized herein is answered in the affirmative, the 46 City Manager is directed to establish a dedicated webpage on the City's website that 47 includes each of the projects listed in Exhibit A and the progress—by dollar amount spent 48 and by milestone achieved - toward completion of such projects. The City Manager is 49 also directed to provide quarterly reports to the City Council providing updates regarding 50 the execution of these projects. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. EXHIBIT A List of Phase I Projects Chubb Lake/Lake Bradford Outfall Church Point/Thoroughgood Drainage Improvements Central Resort District- 24th Street Culvert Central Resort District Drainage Improvements Eastern Shore Drive - Elevate Lynnhaven Drive Eastern Shore Drive- Phase I, Section 1 F Improvements Eastern Shore Drive - Phase I, Section 1 G Improvements Eastern Shore Drive- Poinciana Pump Station First Colonial Road & Oceana Boulevard Drainage Improvments Princess Anne Plaza Golf Course Conversion Section 1 Princess Anne Plaza Golf Course Conversion Section 2 Princess Anne Plaza Golf Course Conversion Section 3 Princess Anne Plaza North London Bridge Creek Barriers Princess Anne Plaza North London Bridge Creek Pump Station Princess Anne Plaza North London Bridge Creek Tide Gate Pungo Ferry Road Improvements Sandbridge/New Bridge Intersection Improvements Seatack Neighborhood Drainage Improvements Stormwater Green Infrastructure- Marsh Terrace The Lakes -Flood Barriers The Lakes - Holland Road Gate West Neck Creek Bridge Replacement Windsor Woods - Thalia Creek/Lake Trashmore Improvements Windsor Woods Flood Barriers Windsor Woods Pump Station 11 CITY COUNCIL LIAISON REPORTS ITEM#71754 3:38 P.M. Council Member Henley advised during the Green Ribbon Committee meeting held on June 24`h, a briefing was provided on the Marsh Terrace Project, more information can be found at: https://www.vbgov.com/government/departments/public-works/storm-water/Pages/Marsh-Terrace.aspx. Council Member Henley advised the pilot project involves the design of 200 acres of marsh terraces in Back Bay National Wildlife Refuge and will determine if flooding is reduced from the Albemarle Sound. Council Member Henley advised the design portion is funded through a federal grant and expected to be complete by this time next year. July 6, 2021 12 CITY COUNCIL LIAISON REPORTS ITEM#71 755 (Continued) Council Member Tower advised there are two (2) items on tonight's Agenda from the Resort Advisory Commission (RAC) requesting to amend City Code Section 2-6 and approve the RAC Bylaws. Council Member Tower expressed he is hopeful the Body will approve them but has no objection to deferring if the Body would like more time to review both items. July 6, 2021 13 CITY COUNCIL COMMENTS ITEM#71 756 3:42 P.M. Mayor Dyer advised he attended the ribbon cutting ceremony at Woodstock Park and encouraged anyone who has not yet visited to go see the remarkable 5.2-Million gallon retention tank and 32,000 square foot, world class, skate park, which was Parks and Recreation and HRSD joint project that Council Member Abbott worked on. July 6, 2021 14 CITY COUNCIL COMMENTS ITEM#71757 (Continued) Council Member Henley advised she and Mayor Dyer attended a tour of Princess Anne Middle School last week, expressing it is another remarkable project. Council Member Henley advised every inch of the school's design is part of the teaching tool and added she is excited for two (2) of her grandchildren who will attend the school in September. July 6, 2021 15 AGENDA REVIEW SESSION ITEM#71758 3:48 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: I. ORDINANCES/RESOLUTIONS 1. Ordinance to END the Declaration of a Local Emergency re COVID-19 Pandemic 2. Resolution to ADD Student Members to the Green Ribbon Committee (Requested by Council Member Henley) 3. Resolution to EXTEND the deadline for the recommendations re Citizens Review Panel Task Force 4. RESORT ADVISORY COMMISSION: a. Ordinance to AMEND the City Code Section 2-6 b. Resolution to APPROVE Amendments to the Bylaws 5. Ordinances to AMEND: a. Sections 1-3 and 1-30 of the Storm water Management Ordinance (Appendix D) re Storm water Appeals Board b. Section 1.2 of the Public Works Design Standards Manual re variances 6. Resolution to PROVIDE for the issuance and sale of General Obligation Public Improvement Bonds, in the maximum amount of$110-Million and PROVIDE for the form,details and payments thereof 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as Pike Inlet located at the rear of 2721 Bluebill Drive re construct and maintain a floating pier and three(3)pilings 8. Ordinance to APPROPRIATE$762,600 of Fund Balance from the Police Federal&State Seized Assets Special Revenue Fund to the FY2021-22 Police Operating Budget re equipment and training 9. Ordinances to Accept and Appropriate: a. $20,000 from Cities for Financial Empowerment Fund to FY2021-22 Parks and Recreation Operating Budget re Summer Youth Employment Program b. $57,000from the U.S.Department of Justice to FY2021-22 Police Department Operating Budget re overtime and training expense and AUTHORIZE the Chief of Police to EXECUTE a Memorandum of Understanding(MOU) with the Virginia Office of the Attorney General re Hampton Roads Human Trafficking Task Force July 6, 2021 16 AGENDA REVIEW SESSION ITEM#71 758 (Continued) c. $142,482 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2021-22 Human Services Operating Budget and ESTABLISH two (2)full-time positions re STEP-VA Services d. $200,000 in Federal Surplus Fundingfrom the Congestion Mitigation and Air Quality Improvement Federal Program and TRANSFER $50,000 from CIP #100246 (Lesner Bridge Replacement) to CIP #100537 (Dam Neck and Holland Road Intersection Improvements) e. $600,000 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY 2021-22 Human Services Operating Budget and ESTABLISH five (5) full-time positions re implementation of the Marcus Alert System 10. Ordinance to APPROPRIATE $400,000 from the Fund Balance of the General Fund to PROVIDE a GRANT to the Hampton Roads Workforce Council(Requested by Council Member Tower) I. ORDINANCES: ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#5a WILL BE CONSIDERED SEPARATELY ITEM#5b WILL BE CONSIDERED SEPARATELY ITEM#10 WILL BE CONSIDERED SEPARATELY July 6, 2021 17 AGENDA REVIEW SESSION ITEM#71 75 8 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. DHW JOINT VENTURE,LLC for the Street Closures re 1 S foot Street Dedication adjacent to a 50-foot Norfolk& Southern Corp. right-of-way, and a 20-foot private road northeast of Tolliver Road 2. OCEAN RENTAL PROPERTIES,LLC(now known as ORP Ventures,LLC)for a Street Closure re 1,151 sq.ft of an unimproved portion of 10`h Street (formerly 13th Street) adjacent to Norfolk Avenue DISTRICT 6—BEACH 3. SOUTHLYNNHAVEN,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)Deferred from June 15, 2021 4. PEMBROKE SQUARE ASSOCIATES, LLC for a Conditional Change of Zoning from (B-3 Central Business District to Conditional CBC Central Business Core) re construction of housing for seniors located at the northern portion of 4554 Virginia Beach Boulevard DISTRICT 4 — BAYSIDE 5. PEMBROKE SQUARE ASSOCIATES,LLCfor a Conditional Use Permit re housing for seniors at the Southwest corner of Jeanne Street and Constitution Drive DISTRICT 4—BAYSIDE 6. COMMONWEALTH AUTO GROUP,INC.& WWMD PROPERTIES,LP for a Conditional Use Permit re motor vehicle sales& rentals at 4873 Haygood Road DISTRICT 4—BAYSIDE 7. TRACI R. & MICHAEL MCGLYNN for a Modification of Conditions to a Special Exception to the Form Based Code and a Conditional Use Permit re short term rental at 523 20t I/a Street DISTRICT 6—BEACH 8. LINDA M. LAMB LIVING TRUST for a Conditional Use Permit re short term rental at 4615 Oceana View Avenue DISTRICT 4—BAYSIDE 9. KRISTA L. WOODLOCK for a Conditional Use Permit re short term rental at 3709 Rockbridge Road DISTRICT 4—BAYSIDE 10. STANDARD COMMUNITY, LLC for a Conditional Use Permit re short term rental at 427 Peregrine Street DISTRICT 4—BAYSIDE 11. WILLIAM GEORGHIOU for a Conditional Use Permit re short term rental at 3608 East Stratford Road DISTRICT 4—BAYSIDE 12. ANDREW BROYLES for a Conditional Use Permit re short term rental at 3604 East Stratford Road DISTRICT 4—BAYSIDE 13. KIM DAVENPORT for a Conditional Use Permit re short term rental at 8809 Atlantic Avenue, Units A &B DISTRICT S—LYNNHAVEN(Deferred from June 1, 2021) July 6, 2021 18 AGENDA REVIEW SESSION ITEM#71758 (Continued) 14. DAN&SARA BAILEY for a Conditional Use Permit re short term rental at 103 57th Street, Unit A DISTRICT 5—LYNNHAVEN 15. TODD E. SWEIGART for a Conditional Use Permit re short term rental at 507 19`h Street DISTRICT 6—BEACH 16. SPIVAK FAMILY TRUST for a Conditional Use Permit re short term rental at 229 16`h Street DISTRICT 6—BEACH 17. HEATHER SHIMP for a Conditional Use Permit re short term rental at 304 28th Street, Unit 307 DISTRICT 6—BEACH 18. SUZANNE OLESZKO for a Conditional Use Permit re short term rental at 312 Arctic Crescent DISTRICT 6—BEACH 19. CATHERINE PATTERSON DENTON& THE PINK CABANA, LLC Conditional Use Permit re short term rental at 1316 Cypress Avenue DISTRICT 6—BEACH 20. ANDREW LIN for a Conditional Use Permit re short term rental at 4441 Ocean View Avenue, Unit B DISTRICT 4—BAYSIDE 21. Ordinances re Short Term Rentals: PLANNING COMMISSION RECOMMENDATIONS/VERSIONS 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 c. AMEND Sections 401, 501, 601, 901, 1110, 1125, 1501, 1521, 1531 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 d. AMEND Section 241.2 of the CZO re Short Term Rentals and ESTABLISH additional safety requirements e. ADD Article 23, and ESTABLISH Consisting of Sections 2300-2303, (Short Term Rental Overlay Districts) to the CZO, regulations and requirements re Short Term Rentals in each Overlay District f ESTABLISH Transition 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) July 6, 2021 19 AGENDA REVIEW SESSION ITEM#71 75 8 (Continued) CITY COUNCIL ALTERNATIVES a. AMEND City Zoning Ordinance (CZO) Section 102 re ESTABLISH Short Term Rental Overlay Districts-North End and Oceanfront Resort(Requested by Vice Mayor Wood and Council Member Tower) b. AMEND the Official Zoning Map by the Designation and incorporation of property into Short Term Rental Overlay Districts-North End and Oceanfront Resort District (Requested by Vice Mayor Wood and Council Member Tower) c. AMEND Sections 401, 501, 601, 901, 1110, 1125, 1501, 1521, 1531 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(Requested by Vice Mayor Wood and Council Member Tower) d. AMEND Section 241.2 of the CZO re Short Term Rentals and ESTABLISH additional safety requirements(Requested by Vice Mayor Wood and Council Member Tower) e. ADD Article 23, and ESTABLISH Consisting of Sections 2300-2303, (Short Term Rental Overlay Districts) to the CZO regulations and requirements re Short Term Rentals in Each Overlay District(Requested by Vice Mayor Wood and Council Members Tower and Wilson) f ESTABLISH Transition Rules for the review of Conditional Use Permits re Short Term Rentals (Requested by Vice Mayor Wood and Council Member Jones) J.PLANNING ITEMS: ITEM#3 WILL BE CONSIDERED FOR DEFERRAL TO JULY 13,2021 VICE MAYOR WOOD WILL ABSTAIN ON ITEM#3 ITEM#7 WILL BE CONSIDERED SEPARATELY ITEM#8 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ITEMS#9, 11-17, AND 19 ITEM#10 WILL BE CONSIDERED SEPARATELY ITEM#18 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER TOWER WILL ABSTAIN ON ITEM#19 ITEM#20 WILL BE CONSIDERED FOR WITHDRAWAL ITEM#21 WILL BE CONSIDERED SEPARATELY July 6, 2021 20 ITEM#71 759 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 • Lynnhaven District BUILDING SECURITY MATTERS: Discussion of reports or plans related to the security of any government facility, building or structure, or the safety of persons using such facility, building or structure pursuant to Section 2.2-3711(A)(19). • Police Security Brief re: Council Chambers LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body pursuant to Section 2.2-3711(A)(7). • Baust et al v. City of Virginia Beach • Holloway et al v. City of Virginia Beach LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provisions of legal advice by such counsel pursuant to Section 2.2- 3711(A)(8) • 8th Street Easement Issue PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees,Authorities, Agencies and Appointees July 6, 2021 21 ITEM#71 759 (Continued) Upon motion by Council Member Tower, seconded by Council Member Wilson, City Council voted to proceed into CLOSED SESSION at 4:08 P.M. Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss Closed Session 4:08 P.M. —5:00 P.M. Break 5:00 P.M. — 5:15 P.M. Closed Session 5:15 P.M. —5:54 P.M. July 6, 2021 22 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JULY 6, 2021 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, July 6, 2021, at 6:00 P.M Council Members Present: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi-Ill John D. Moss—Arrived at 6:55 P.M INVOCATION: Reverend Mark Nieting Prince of Peace Lutheran Church 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. July 6, 2021 23 Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act"), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda,she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015 is hereby made a part of the record. July 6, 2021 24 ITEM— VII-E CERTIFICATION ITEM#71760 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss July 6, 2021 ,sc�NIA•B� ' c ' t e 4 U ~Y s i e ? + 0 OR OUR woMS 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#71759 Page 21 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. iAll lid A 7 a Barnes, ' C I City Clerk July 6, 2021 25 ITEM-VII.F.1 MINUTES ITEM#71761 Upon motion by Council Member Jones, seconded by Vice Mayor Wood, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of June 15, 2021 Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss July 6, 2021 26 ITEM-VII.F.2 MINUTES ITEM#71762 Upon motion by Council Member Jones, seconded by Vice Mayor Wood, City Council APPROVED the MINUTES of the SPECIAL SESSION of June 22,2021 Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss July 6, 2021 27 ITEM— VILG.1 MAYOR'S PRESENTATION ITEM#71763 PROCLAMATION PARKS AND RECREATION MONTH Mayor Dyer welcomed Michael Kirschman, Director and read the Proclamation declaring, July 2021, "PARKS AND RECREATION MONTH". Mayor Dyer encouraged all citizens, City Members and Civic Organizations to support Parks and Recreation by visiting a community recreation center,park or natural area. Mr.Kirschman expressed his appreciation to City Council for this recognition and their continued support. July 6, 2021 s r ` • i ro ti ant ation Whereas: Virginia Beach Parks and&creation is celebrating 65 years of exceeding community expectations in an inclusive,innovative,and'sustaina6fe manner. 14' enav Our'Parks and Recreation Department was named a top four finalist in the 2021 National Gold 9,fedalAward program, advancing its vision to become the national fracl,r in providing enriching and memorable lifelong experiences,*and Whereas: Parks• and &creation promotes a healthy lifestyle for our citizens and provides recreational opportunities that are accessi6Ce to all ages anda6i1ties,and Whereas: Parks and Recreation maintains 300 parks and park facilities, including skateparks, dog parks, playgrounds, kayak and boat launches,seven community recreation centers, and over 7,100 acres of parkland and open space;and Whereat. Sixty-three percent of the community resides within a half-mile walkto a park;and- Whereas: Parks and Recreation Community Recreation Centers served as 6Cood drive donation locations, polling locations,and vaccination sites during the pandemic;and `Wl4ereas: Parks and Recreation performs landscape maintenance at all city and school 6uidings, the resort area,sports fields,parks,and city roadways;and Whereas.erea s: Parka and Recreation offers a diverse fine-up of recreational sports for youth and adults and hosts apv,ting events that attract increased visitations to the City;and Whereas: Parks and Recreation plays an integral part in advancing of our Councils vision, the Sustaina6ility Plan, the Active Transportation Plan,and the'(khan'Forest Management Plan;and 'Whereas:: Parks and Recreation programs increase a community's economic prosperity through increased property values, increased tourism, the attraction and retention of 6usinesses, and crime reduction; and 'Whereas: Parks and Recreation's environmental initiatives help improve water and air quality, assist with storm water and sea level rise,and protect ha6itat for wildlife;and Whereas. Park,:and Recreation provides a place for all generations to play, explore connect, and reconnect through leisure experiences,nature,and the outdoors,.and Whereas. 'The Parks and Recreation(Department is a CAM Accreditedagency since 1999. Nov,'Therefore,I,'RpOert It.Dyer,Mayor of the City of Virginia Beach,do hereby proclaim: Jury 2021 Parks and 2ecreation Month In Virginia Beach.,and I encourage all citizens, city members and civic organizations to join me in supporting our Parks and Recreation 6y visiting a community recreation center,park or natural area. In 'Nttneu'Whereof, I have hereunto set my hand and caused the Official Seal of the City of`Virginia Beach, 'Virginia, to 6e affixed this Sixth Day of Ju57 Two'Thousand'Twenty-One. '74 i)44 R p6ert M. `Bo6 'tDyer Mayor 28 ADD ON RESOLUTION ITEM#71764 Upon motion by Vice Mayor Wood,seconded by Council Member Wilson, City Council ADDED Resolution to DIRECT the City Attorney to file a Petition for Writ of Special Election re vacancy in the Kempsville District Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss July 6, 2021 29 ITEM— VII.H. FORMAL SESSION AGENDA ITEM#71 765 Mayor Dyer read the Speaker Policy and advised for items where only one (1) speaker is registered, the City Clerk will call the speaker and they will be given three (3) minutes on each item they registered to speak. The City Clerk called for the following speaker: Barbara Messner, P. O. Box 514, did not respond Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions I:1,2, 4a/b, 6, 7, 8, 9a/b/c/d/e and 11 (ADD ON)and Planning Items J: 1, 2, 3(DEFERRED TO JULY 13, 2021), 4, 5, 6, 9, 11, 12, 13, 14, 15, 16, 17, 19 (WITHDRAWN) and 20 Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss I. ORDINANCES: ITEM#5a WILL BE CONSIDERED SEPARATELY ITEM#5b WILL BE CONSIDERED SEPARATELY ITEM#10 WILL BE CONSIDERED SEPARATELY J.PLANNING ITEMS: ITEM#3 WILL BE CONSIDERED FOR DEFERRAL TO JULY 13,2021 VICE MAYOR WOOD WILL ABSTAIN ON ITEM#3 ITEM#7 WILL BE CONSIDERED SEPARATELY ITEM#8 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ITEMS#9, 11-17, AND 19 ITEM#10 WILL BE CONSIDERED SEPARATELY ITEM#18 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER TOWER WILL ABSTAIN ON ITEM#19 ITEM#20 WILL BE CONSIDERED FOR WITHDRAWAL ITEM#21 WILL BE CONSIDERED SEPARATELY July 6, 2021 30 ITEM— VILI.1 ORDINANCES/RESOLUTIONS ITEM#71766 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to END the Declaration of a Local Emergency re COVID-19 Pandemic Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss July 6, 2021 1 AN ORDINANCE TO END THE DECLARATION OF LOCAL 2 EMERGENCY MADE IN RESPONSE TO THE COVID-19 3 PANDEMIC 4 5 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of 6 emergency management to declare the existence of a local emergency, subject to 7 confirmation by the governing body; 8 9 WHEREAS, in conformity with the Commonwealth of Virginia Emergency 10 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), the City 11 Council, by adoption of §§ 2-411 through 2-413 of the City Code, created the Office of 12 Emergency Management and appointed the City Manager as the Director of Emergency 13 Management; 14 15 WHEREAS, in response to the COVID-19 pandemic, the City Manager, as the 16 Director of Emergency Management, issued a Declaration of Local Emergency on 17 March 13, 2020, effective at 3:00 p.m.; 18 19 WHEREAS, on March 31, 2020, as required by Virginia Code § 44-146.21 , the 20 City Council confirmed the Declaration of Local Emergency; and 21 22 WHEREAS, the City Manager has concluded that the City had taken all 23 necessary local emergency actions and has recommended that the City Council end the 24 declaration effective 11:59 p.m. on June 30, 2021 . 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That, pursuant to Virginia Code § 44-146.21, the City Council hereby ends the 30 Declaration of Local Emergency effective at 11:59 p.m. on June 30, 2021. Adopted by the Council of the City of Virginia Beach on the 6th day of July , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office City Attorney's Officer--) CA15480 R-1 June 22, 2021 31 ITEM— VILL2 ORDINANCES/RESOLUTIONS ITEM#71767 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT,Resolution to ADD Student Members to the Green Ribbon Committee(Requested by Council Member Henley) Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss July 6, 2021 32 ITEM— VII.I.3 ORDINANCES/RESOLUTIONS ITEM#71768 The following registered to speak: Barbara Messner—did not respond Sean Monteiro, Chair— Citizens Review Panel Task Force, 3817 Stumpy Lake Lane, Phone: 808-469- 2700, spoke in SUPPORT Jay Boone, experienced user technical difficulties with WebEx and could not be heard. After City Council discussion, Vice Mayor Wood made a motion, seconded by Council Member Wilson, to ADOPT,Resolution to EXTEND the deadline for the recommendations re Citizens Review Panel Task Force Council Member Wooten then made a SUBSTITUTE MOTION, to DEFER TO AUGUST 3, 2021, Resolution to EXTEND the deadline for the recommendations re Citizens Review Panel Task Force As there was no second, the motion FAILED Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED Resolution to EXTEND the deadline for the recommendations re Citizens Review Panel Task Force Voting: 7-1 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower,Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi John D. Moss July 6, 2021 REQUESTED BY COUNCILMEMBER HENLEY 1 A RESOLUTION TO ADD STUDENT MEMBERS TO 2 THE GREEN RIBBON COMMITTEE 3 4 WHEREAS, the City Council created the Green Ribbon Committee to advise the City 5 Council on matters relating to the improvement of water quality in the City's waterways; and 6 7 WHEREAS, providing students who have a demonstrated interest in improving water 8 quality and environmental sustainability with the opportunity to serve as members of the 9 Committee would benefit the City, the Committee, and the students; 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That, in addition to its current membership, the Committee shall include two high 15 school students as voting members, with each appointed to a one-year term. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 t h day of July , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15485 R-1 June 23, 2021 1 A RESOLUTION EXTENDING THE DEADLINE FOR 2 THE RECOMMENDATIONS OF THE CITIZENS 3 REVIEW PANEL TASK FORCE 4 5 WHEREAS, the City Council on April 20, 2021, adopted a resolution that created 6 the Citizens Review Panel Task Force, and it included a deadline of June 1, 2021 for the 7 task force to make its recommendations to the City Council; 8 9 WHEREAS, on June 1, 2021, the City Council extended the deadline to July 31, 10 2021; and 11 12 WHEREAS, the task force has concluded that meeting the current July 31st 13 deadline is not feasible and has requested that the deadline be extended to August 31, 14 2021; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 That the task force shall report back to the City Council with its recommendations 20 by August 31, 2021. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of July , 2021. APPROVED AS TO LEGAL SUFFICIENCY: e„,i e.,,,,,4, City Attorney's Offic CA15489 R-1 June 28, 2021 33 ITEM— VILL4a ORDINANCES/RESOLUTIONS ITEM#71 769 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT,RESORT ADVISORY COMMISSION: a. Ordinance to AMEND the City Code Section 2-6 Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss July 6, 2021 1 AN ORDINANCE TO AMEND SECTION 2-6 2 OF THE CITY CODE PERTAINING TO THE 3 RESORT ADVISORY COMMISSION 4 5 SECTION AMENDED: § 2-6 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-6 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 2-6. - Resort advisory commission. 14 15 (a) There is hereby created the resort advisory commission. The members of the 16 commission shall be appointed by the city council to serve terms of three (3) years. A 17 chair and a vice-chair shall be elected from the commission by its members. All 18 members shall be residents of the city. 19 20 (b) The governance and administration of the commission shall be in accordance 21 with its bylaws, incorporated by reference herein, which bylaws shall not be amended 22 without the prior approval of city council. 23 24 (c) The commission shall consist of at least eleven (11), but not more than 25 nineteen (19), members. In selecting members of the commission, the city council shall 26 appoint at least one (1) representative from each of the following organizations: Virginia 27 Beach Hotel/Metel Association, Virginia Beach Restaurant Association, Virginia Beach 28 Division of the Hampton Roads Chamber of Commerce, and Virginia Beach Council of 29 Civic Organizations. The commission shall also include a resort retailer. The city 30 council shall also appoint to the commission at least three (3) design professionals 31 having expertise in the fields of architecture, urban design, land use planning, 32 landscape architecture, transportation planning, or other design fields relevant to the 33 purposes for which the commission was created. 34 35 In the event of a conflict between the provisions of this subsection and any other 36 ordinance or bylaw, the provisions of this subsection shall control. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 6th day of July , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: '///fi - ,� Strategic Growth Area Office City Attorney's Office CA15588 R-1 June 25, 2021 34 ITEM— VII.I.4b ORDINANCES/RESOLUTIONS ITEM#71770 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT,RESORT ADVISORY COMMISSION: b. Resolution to APPROVE Amendments to the Bylaws Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss July 6, 2021 1 A RESOLUTION TO APPROVE PROPOSED 2 AMENDMENTS TO THE BYLAWS OF THE RESORT 3 ADVISORY COMMISSION 4 5 WHEREAS, City Code § 2-6(b) provides that the Resort Advisory Commission 6 shall act in accordance with its bylaws, and that those bylaws shall not be amended 7 without the prior approval of the City Council; and 8 9 WHEREAS, during its June 3, 2021 meeting, the Resort Advisory Commission 10 voted to recommend that the City Council approve the attached amendments to its 11 bylaws; 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the City Council hereby approves the proposed amendments to the bylaws, 17 which shall be effective upon adoption of this resolution. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 t h day of July , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY /Oil/ Strategic Growth Area Office City Attorney's Office CA15487 R-1 June 25, 2021 RESORT ADVISORY COMMISSION BYLAWS ARTICLE I PURPOSE The general purpose of the Resort Advisory Commission ("Commission") shall be to review and make recommendations to City Council regarding (i) projects and issues associated with the Oceanfront Resort Area, and (ii) such other resort and/or tourism-related projects and issues as the Council may refer to the Commission. In carrying out this purpose, the Commission's goal shall be to support the City Council's efforts to realize its vision of Virginia Beach as a quality resort destination that: • encourages responsible enjoyment of its invaluable natural assets by residents, day visitors, and tourists; • draws on all of its ocean and bay beaches and inland bays,lakes and rivers to establish the City as a water- oriented recreation destination; • provides a growing stream of tourism-generated tax revenues to help meet the City's needs for schools, highways, and social services; • offers a diversity of cultural, entertainment, recreational, and educational tourism venues in an integrated and well-designed manner; • attracts visitors from a wide spectrum of income and age groups and serves each group with courtesy and distinction; • establishes a distinctive identity at each gateway to the City and extends this distinctive character along routes linking our major resort attractions and venues; • encourages private investment in tourism development and offers an environment conducive to profitable operation of small and large-scale resort businesses; • competes successfully year-round for the best state and regional conferences, trade shows and conventions; and • enhances its beachfront residential neighborhoods and minimizes conflicts between visitors and residents in these neighborhoods. Specifically, the Commission shall: • serve as City Council's citizen advisory panel on tourism-development challenges and opportunities; • serve as an incubator for tourism-development projects and programs; • serve as the conduit to the Council for resort plans and initiatives; • monitor the Tourism Growth and -Investment Special RevenucProgram (TIP) Fund and Tourism Advertising Program (TAP)to insure that expenditures are consistent with Council policy; • build consensus among the diverse interests having a stake in our tourism industry; • assist City staff and Council to integrate the diverse mix of resort programs and projects into a consistent, unified, tourism-development plan; • be an advocate for quality design in both public and private resort development; and • monitor implementation of Council-endorsed resort projects, programs and policies to insure consistency with the Council's resort vision. ARTICLE II MEMBERS Section 1. Number. The Commission shall consist of at least eleven (11) but not more than nineteen (19) members, and n}ayshall include a member from each of the following associations: the Virginia Beach Hotel/A4etel Association, the Virginia Beach Restaurant-Asseeiation�-the- rt-Reti ilers Association, the Virginia Beach Division of the Hampton Roads Chamber of Commerce, and the Virginia Beach Council of Civic Organizations. Finally, theThe Commission shall also include a resort retailer. The Commission shall include at least three (3)-design professionals who have expertise in the fields of architecture, urban design, land use planning,landscape architecture,transportation planning,or other design fields important to realizing the purpose of the Commission. All nominees shall be appointed by City Council, and serve at the pleasure of the City Council. Section 2. Term. All members shall be appointed for a term of three (3) years; provided, however, that, in accordance with § 2-3 of the City Code, no member shall be appointed to serve more than three (3) consecutive three(3)year terms. , in accordance with Section 2-3.(b)a Commissioner may be reappointed by City Council to one or more additional terms beyond the limit imposed by City Code Section 2-3. Section 3. Qualifications. All members shall be residents of the City. The overall membership should also include persons with knowledge or experience in the fields of banking and finance, tourism development, recreation and entertainment, commercial real estate, advertising,business management, real estate law, or other areas uniquely related to the purpose of the Commission. Additionally, every effort should be made to have geographical, racial, and ethnic representation on the Commission reflective of the entire City. Section 4. Chair and Vice-Chair. A Chair(or Vice-Chair in the Chair absence) shall preside over the meetings of the Commission. The Chair and Vice-Chair shall be appeintedelected by a majority vote of the Commission and shall serve for a term of one(1) year. The Chair and Vice-Chair may be re--elected for additional terms. Section 5.Attendance.Attendance records shall be kept at each meeting of the Commission and an annual report of the attendance of the members shall be filed with the City Clerk by June 30November 15 of each year for review by City Council. No member shall accumulate an annual total of more than three(3) unexcused absences per calendar year (not to exceed one-fourth of the total number of meetings). If this limitation is exceeded for reasons other than personal illness, , automatically, or the...,,ise prescribed by law. the illness or death of a relative, or other circumstances beyond the member's control (determined by the Chair), as required by City Code 2-3.1, the Chair shall promptly inform the City Clerk, who will inform the member in writing, with a copy to City Council, that due to excessive unexcused absences, his or her membership on the Commission has been terminated. Members are allowed to participate remotely pursuant to the RAC's adopted Remote Participation Policy (Attachment A). Section 6. Vacancies. A vacancy caused by death, resignation, termination, expiration, or otherwise shallshould be filled by City Council for the unexpired term thereof, or in the case of an expiration, for three(3) years; within thirty (30) days of said vacancy. . If a Commissioner is appointed to fill a seat that was vacated with time remaining on the term, the new appointee will serve the unexpired portion of the prior member's term. The term limits above apply only to full three-terms, not partial terms. Notwithstanding the above, if,immediately prior to a vacancy,the Commission consists of more than eleven(11) members, City Council shallmay choose not have to fill the vacancy. ARTICLE III MEETINGS Section 1. Regular meetings. The Commission shall meet at least once a-menthper calendar quarter, at a time and location to be determined by the Chair upon consultation and coordination with the other members. The Commission's Resort Investment Committee (RIC) shall also serve as the Executive Committee for the Commission and shall meet monthly when needed, on either matters requiring immediate action, or as requested by Council. The RAC may vote to ratify a vote taken at the RIC. Section 2. Special meetings. A special meeting may be called by the Chair or five (5) members of the Commission, or may be convened by City Council,to consider any matter that, in the determination of the Chair, the members, or City Council, needs to be addressed prior to a regular meeting. City Staff shall provide notice consistent with the Freedom of Information Act and the City Code. Any recommendation to the City Council, adopted by the Commission, shall be immediately submitted in writing to the City Manager who shall transmit it to City Council. Section 3. RcquiremextsOuorum. A uorum of Commission members (more than half of the current membership) shall be present in order for any meeting to be held at which action may be taken. All actions of the Commission shall be conducted at a regular or special meeting and,with the exception of reports as indicated in Article IV below, shall require a majority vote of those members present. ARTICLE IV REPORTS Section 1. Annual Report. Within f rty f ve ( 5) d ys ofthe end ofthe f scalBy October 15 of each year, the Commission shall prepare and submit an annual report of its activities, recommendations, and proposals, including a financial statement, if applicable, to the City Manager who shall transmit same to City Council. Interim reports to City Council may be provided when deemed appropriate or necessary by the Commission, City Council, or the City Manager. In compliance with City Council's Ordinance No. 94-2258, attendance records shall be kept at each meeting of RAC with a yearly compilation and be submitted with the Commission's Annual Report to the City Council via the City Clerk's Office. Section 2. Tourism Investment .Program. By October 15th of each year, the Commission shall prepare and submit an Annual Tourism Investment Special ; :enceProgram (TIP) Fund (TGIF) Report to the City Manager who shall transmit it to the City Council. This Report shall include the Commission's evaluation of the status of the TIP Fund and its recommendations for the use of the TGIFTIP in the upcoming budget cycle. This Report shall also include Commission recommendations for non-TGIFTIP-financed operating and capital budgeting initiatives that are consistent with the Commission's purpose. Section 3.Capital Improvement Project Recommendations. By October 15th of each year, a list of prioritized Capital Improvement Projects ("CIP") will be submitted to City staff for review and potential inclusion in the CIP budget. Section 4. Requirements. All reports shall be approved by a majority of the members of the Commission. The Commission shall present a summary of any required report directly to the City Council at a public meeting. In any report to the Council, the Commission shall identify any conflicts that its report may have with the opinions of other City agencies. ARTICLE V COORDINATION Section 1. City Departments. The Commission shall work with and through the Convention and Visito.s Bur-eauDepartment of Economic Development and the Resort Management Office which shall, in close cooperation with the City Manager's Office, be responsible for coordinating the efforts of the Commission with other City departments (1) to ensure that there is no unnecessary duplication of efforts; (2) to enable the Commission to review the recommendations and proposals of City departments for compatibility (or incompatibility)with Commission objectives; (3)to enable City departments to review and provide comments on Commission-generated proposals or initiatives;and(4)to ensure timely implementation of projects and programs. Section 2. Other City Agencies. The Commission and the DepartimentDepartment of Economic Development shall make a special effort to establish open lines of communication with other City agencies involved in the formulation and implementation of various components of the City Council's resort and tourism policies including, but not limited to, the following: the Resort Management Office, the Development Authority, the Planning Commission, the Shere—DriveBayfront Advisory Commission, the GemmitteeCity entertainment contractor,the Advertising Advisory Council,the City Manager's D esort ^Yea Tack €wee, and other City agencies, that may have an interest in specific elements of the Council's resort and tourism policies. ARTICLE VI COMMITTEES The Chair of the Commission shall have the authority to appoint special committees, the members of special and standing committees,and to appoint a current RAC member to serve as Chair of any such committees comprised of-members of the Commission and non-members with special expertise,to study and review specific areas of concern and to report bask-to the full Commission for such action as the Commission shall deem appropriate. All Commissioners shall serve on at least one Commission Committee as a voting member. Refer to the Commission's Committee Guidelines for more information. The standing committees are: G.R.E.E.N. (Green Resort Eco-Friendly Efficient Neighbors), TPPC (Transportation, Parking, Pedestrian Committee), OEC (Oceanfront Enhancement Committee), PDRC (Planning and Design Review Committee), RIC (Resort Investment Committee), and OSGAC (Oceanfront Strategic Growth Areas Committee). ARTICLE VII AMENDMENTS No alteration, amendment, or repeal of these Bylaws or any section hereof shall be effective without the prior consent of City Council. These Bylaws [as amended] are hereby adopted as of this 22nd day of June, 2004, by the Council of the City of Virginia Beach, Virginia. INSERT ATTACHMENTS A & B & C RAC Remote Participation Policy, Effective July 1, 2021 RAC Committee Guidelines RAC and RAC Committee Mission Statements pliA•BEA 44:_: A III E. l ,- •(i,. i 4 fey °` v , .aa Resort Advisory Commission Policy L.• OUR �S\ON Title: Policy for Remote Participation by Members in RAC Meetings Date of Adoption:July 1,2021 Dates of Revisions: Page 1 of 2 1.0 Purpose and Need The purpose of this policy is to enable members of the Resort Advisory Commission to participate in Resort Advisory Commission 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 Resort Advisory Commission that individual members of the Commission may participate in Commission 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. This policy applies to the Commission and to any committee or subcommittee appointed by the Commission that has voted to adopt this policy. 2.1 The Request and Eligibility Criteria Whenever an individual member wishes to participate from a remote location, the member shall notify the Chair and the appropriate City staff member 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 Commission must be physically assembled at the primary meeting location 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 a medical reason, the minutes shall include a statement to that a temporary or permanent disability or other medical condition prevented the member's physical 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. The 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. 2.3 Challenges Title: Policy for Remote Participation by Members in RAC Meetings • Date of Adoption:July 1,2021 Dates of Revisions: Page 2 of 2 If a member's proposed participation from a remote location is challenged by another member as being inconsistent with this policy, then the Commission shall vote on whether to allow such participation. If the Commission 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. ATTACHMENT B RESORT ADVISORY COMMISSION (RAC) COMMITTEE GUIDELINES The Resort Advisory Commission (RAC) shall have Organized and Active Committees. • Planning and Design Review Committee (PDRC) • Resort Investment Committee (RIC) - Voting Members Consist solely of RAC Committee Chairs (or their appointed Committee Vice-Chair), to serve as an Executive Committee for the RAC or Council, as needed. • G.R.E.E.N. Committee (GREEN: Green, Eco-Friendly Efficient Neighbors) • Transportation, Parking, Pedestrian Committee (TPPC) • Oceanfront Strategic Growth Area Committee (OSGAC) • Oceanfront Enhancement Committee (OEC) Guidelines • Each Commissioner on the RAC must serve as an active Voting Member of at least one Committee. A Voting Member will have attended three successive Committee meetings, with fewer than one-fourth of total meetings missed in one calendar year.) • The associations for restaurants (VBRA), hotels (VBHA), Council of Civic Organizations and the Virginia Beach Division of the Hampton Roads Chamber of Commerce shall each have one seat and receive one vote on the Committee(s) of their choice. • City Staff may participate, but shall not serve as a Voting Member, on any Committee. • The Committees may meet one scheduled time per month prior to the scheduled meeting for the full RAC. Schedule and frequency to be determined by the Committee Chair. • Each Committee will have a current RAC Chairman to organize and lead the meeting. The Chairman is appointed by the full RAC Commission and Beach Borough Council Member. • The Committee Chairman will establish the Voting Members of their respective committees. The Chair will also appoint a RAC Voting Member as Vice Chair to officiate the meeting in the absence of the Committee Chairman; or at the Chairman's discretion, they may cancel a meeting. • Minutes will be taken at each Committee meeting. Once approved these minutes will be circulated to the Committee Voting Members. RAC Approved 6-4-2021 • The Committee Chair will Report the subjects and actions taken at every Committee meeting in the monthly meeting of the full RAC Commission. At the RAC meeting the Committee Chair shall present the recommendation(s) from the Committee and make best efforts to present the significant sides or opinions presented in the recommendation process. • The Number of Voting Members of each Committee will be the responsibility of the Committee Chairman. This number is not to exceed 13 voting members. • To be eligible to become a Voting Member a person must have attended three consecutive Committee meetings. Once a person qualifies as a Voting Member, at the Chairman's discretion, they may be identified as a Voting Member and recorded. • Once a Position as a Voting Member is established they must adhere to the attendance guidelines established in Section 5 of the RAC Bylaws. No Voting Member shall accumulate an annual total of more than three (3) unexcused absences (not to exceed more than one-fourth of the total number of meetings in one calendar year). In essence, they must be active and participate in the minimum required number of meetings. • Every effort will be made to post voting issues on the meeting Agenda so the members can prepare their position. ONLY VOTING MEMBERS are allowed to vote on Agenda items where a position is needed. Other members are encouraged to participate in the discussion but are not included in the vote. • All other RAC Bylaws govern these Committees and their members. RAC Approved 6-4-2021 q\A3 Resort Advisory Commission 4525 Main Street, Suite 710 Virginia Beach, VA 23462 (757) 385-2900 Virginia Beach FAX (757) 493-5439 RAC and Committee Overview Mission Statements listed at this vbgov link: https://www.vbgov.com/government/departments/sga/Pages/Resort-Advisory-Commission.aspx Resort Advisory Commission (RAC) The general purpose of the Resort Advisory Commission shall be to review and make recommendations to City Council regarding projects and issues associated with the Oceanfront Resort Area, and such other resort and/or tourism-related projects and issues as the Council may refer to the Commission.The Commission's goal shall be to support the City Council's efforts to realize its vision of Virginia Beach as a quality resort destination. Resort Advisory Commission Committees The RAC committee members are responsible for developing recommendations for the RAC to review regarding relevant issues in the oceanfront resort area.There are currently 6 subcommittees: Green Resort Eco-friendly Efficient Neighbors Committee (G.R.E.E.N.) To foster green and sustainable initiatives, in all aspects of Virginia Beach tourism and hospitality, as we continue to thrive as a certified Virginia Green Destination for leisure and convention travelers. Transportation, Parking, Pedestrian Committee (TPPC) To evaluate and provide recommendations on the operations and development of facilities and programs that improve the transportation, parking, and pedestrian systems in the resort area for visitors,residents and businesses.The TPPC will also act as a sounding board for private and public initiatives and work to achieve consensus before making recommendations to the RAC on any issues. Oceanfront Enhancement Committee (OEC) To propose to RAC new ideas and perspectives that foster the continued ongoing,positive transformation of the resort for locals and visitors. To that end, we agree that both creating and managing first-class events, programs,and aesthetics have been and will be successful at promoting a secure,inviting,festive, economically vibrant,and inclusive atmosphere. Planning and Design Review Committee (PDRC) To improve the quality of design and development of the built environment for the beach community, in service to the Resort Advisory Commission and the citizens of Virginia Beach. Oceanfront Strategic Growth Area Committee (OSGAC) To assist the Resort Advisory Commission in supporting the strategic planning initiatives in the resort area. Resort Investment Committee (RIC) The Resort Investment Committee will work in conjunction with the Resort Industry in the development of priorities for investment and development in the Resort Area. We will monitor existing and identify other funding sources to facilitate outlined improvements. We will communicate and develop consensus for such improvements and review availability and stability of funding sources for the future and continued success of the Resort. 35 ITEM— VILL5a ORDINANCES/RESOLUTIONS ITEM#71771 The following registered to speak: Claudia Cotton, 2117 Smith Avenue, Chesapeake, spoke in OPPOSITION Brad Martin, 2305 Bayville Road, Phone: 574-5454, spoke in OPPOSITION Barbara Messner—did not respond Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council DEFERRED TO SEPTEMBER 7,2021, Ordinance to AMEND: a. Sections 1-3 and 1-30 of the Stormwater Management Ordinance (Appendix D) re Stormwater Appeals Board Voting: 9-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi *By City Council Consensus, Council Member Jones will serve as Council Liaison to the Stormwater Appeals Board July 6, 2021 36 ITEM— VII.I.5b ORDINANCES/RESOLUTIONS ITEM#71772 The following registered to speak: Claudia Cotton, 2117 Smith Avenue, Chesapeake, spoke in OPPOSITION Barbara Messner—did not respond Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council DEFERRED TO SEPTEMBER 7,2021, Ordinance to AMEND: b. Section 1.2 of the Public Works Design Standards Manual re variances Voting: 9-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi July 6, 2021 37 ITEM— VII.I.6 ORDINANCES/RESOLUTIONS ITEM#71773 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Resolution to PROVIDE for the issuance and sale of General Obligation Public Improvement Bonds, in the maximum amount of$110-Million and PROVIDE for the form, details and payments thereof Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss July 6, 2021 RESOLUTION OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS IN THE MAXIMUM AMOUNT OF$110,000,000 TO FUND HERETOFORE AUTHORIZED PUBLIC IMPROVEMENTS, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF The issuance of $68,900,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 12, 2015, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects,building and parks and recreation projects, $64,886,562 of which have been issued and sold, leaving an unsold balance of$4,013,438. The issuance of $74,300,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 10, 2016, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, and building and parks and recreation projects. Such authorized amount was subsequently reduced administratively to $70,800,000 to comply with certain requirements of the City Charter, $26,364,919 of which have been issued and sold, leaving an unsold balance of$44,435,081. The issuance of $69,272,406 of bonds of the City was authorized by an ordinance adopted by the City Council on May 9, 2017, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $32,300,000 of which have been issued and sold, leaving an unsold balance of$36,972,406. The issuance of $72,208,245 of bonds of the City was authorized by an ordinance adopted by the City Council on May 15, 2018, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $31,584,788 of which have been issued and sold, leaving an unsold balance of$40,623,457. The issuance of $71,009,710 of bonds of the City was authorized by an ordinance adopted by the City Council on May 14, 2019, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $5,676,843 of which have been issued and sold, leaving an unsold balance of$65,332,867. The issuance of $69,741,841 of bonds of the City was authorized by an ordinance adopted by the City Council on May 12, 2020, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which have been issued and sold. The issuance of $68,652,307 of bonds of the City was authorized by an ordinance adopted by the City Council on May 11, 2021, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which have been issued and sold. It has been recommended to the City Council by representatives of Public Resources Advisory Group (the "Financial Advisor") that the City issue and sell a series of general obligation public improvement bonds in the maximum principal amount of$110,000,000. The City Council has determined it is in the City's best interest to issue and sell up to $4,013,438 of the bonds authorized on May 12, 2015; up to $44,435,081 of the bonds authorized on May 10, 2016; up to $36,972,406 of the bonds authorized on May 9, 2017; up to $24,579,075 of the bonds authorized on May 15, 2018; none of the bonds authorized on May 14, 2019; none of the bonds authorized on May 12, 2020; and none of the bonds authorized on May 11, 2021. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts of the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended), general obligation public improvement bonds of the City in the maximum principal amount of$110,000,000 (the "Bonds") . The proceeds of the Bonds will be used to provide funds to finance, in part, the costs of various public, school, road and highway, coastal, economic and tourism, buildings and parks and recreation improvements, as more fully described in the ordinances authorizing the Public Improvement Bonds adopted on May 12, 2015, May 10, 2016, May 9, 2017 and May 15, 2018. Proceeds of the Bonds may also be applied to the costs incurred in connection with issuing such obligations. 2. Bond Details. The Bonds may be issued in one or more series, including issuance as a combined series, and shall be designated "General Obligation Public Improvement Bonds." The Bonds shall contain the series designation 2021 or such other designation as may be determined by the City Manager, shall be in registered form, shall be dated such date as may be determined by the City Manager, shall be in denominations of$5,000 and integral multiples thereof and shall be numbered R-1 upward as appropriate. The Bonds if issued as separate series may be sold at the same time or at different times as determined by the City Manager in consultation with the Financial Advisor, and the principal amount of each series of Bonds shall be determined by the City Manager in his discretion in consultation with the Financial Advisor. Subject to Section 8, the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the City Manager; provided, the Bonds (a) shall have a "true" or "Canadian" interest cost not to exceed 3.00% (taking into account any original issue premium or discount), (b) shall be sold to the purchaser or purchasers thereof at a price not less than 100% of the principal amount thereof, (c) shall be subject to optional redemption beginning no later than and continuing after September 1, 2031 at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date, and (d) shall mature annually in installments through serial maturities or mandatory sinking fund payments beginning no later than September 1, 2022, and ending no later than September 1, 2 2041. Principal of the Bonds shall be payable annually on dates determined by the City Manager, which principal payment dates need not be the same for each series. Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on dates determined by the City Manager. Principal shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on a date prior to each interest payment date that shall be determined by the City Manager (the "Record Date"). Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating to a book-entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section 2. In the event that (a)the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the City discharges its responsibilities hereunder, or (b)the City, in its sole discretion, determines (i)that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii)to select a new Securities Depository, then the City's Director of Finance shall, at the direction of the City Manager, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Section 5; provided, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B) from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the City's Director of Finance shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 7. So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be the registered owner of the Bonds, (2)notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3)the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4)references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall 3 not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above-referenced Blanket Issuer Letter of Representations, such provisions of the Blanket Issuer Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control. 3. Redemption Provisions. (a) Optional Redemption. The Bonds shall be subject to redemption prior to maturity at the option of the City Manager, in whole or in part, at any time on and after dates, if any, determined by the City Manager, with the first such optional redemption date beginning no later than September 1, 2031 as set forth in Section 2 at a redemption price equal to the principal amount to be redeemed, together with any interest accrued to the date fixed for redemption, plus a redemption premium, if any, not to exceed 2% of the principal amount to be redeemed, such redemption premium to be determined by the City Manager in consultation with the Financial Advisor. (b) Mandatory Sinking Fund Redemption. Any term bonds may be subject to mandatory sinking fund redemption upon terms determined by the City Manager. If so determined by the City Manager, the Bonds may provide that the City may take a credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If the City wishes to take such a credit, on or before the 70th day next preceding any such mandatory sinking fund redemption date, the City's Director of Finance may instruct the Registrar to apply a credit against the City's mandatory sinking fund redemption obligation for any Bonds of the applicable maturity that have been optionally redeemed or surrendered for cancellation by the City and have not been previously applied as a credit against any mandatory sinking fund redemption obligation for that maturity of the Bonds. Each Bond so previously optionally redeemed or surrendered shall be credited at 100% of the principal amount thereof against the principal amount of such maturity of the Bonds required to be redeemed on such mandatory sinking fund redemption date or dates for such maturity as may be selected by the Director of Finance. (c) Selection of Bonds for Redemption. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all of a particular maturity of the Bonds are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a)the portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. (d) Redemption Notices. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by electronic transmission, facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 4 nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The City shall not be responsible for providing notice of redemption to anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be provided to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof. 4. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice-Mayor, shall be countersigned by the manual or facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon;provided, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer, as Registrar, or an authorized officer or employee of any bank or trust company serving as successor Registrar and the date of authentication noted thereon. 5. Bond Form. The Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds. 6. Pledge of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of, premium, if any, and interest on the Bonds. 7. Registration, Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds (the"Registrar"). The City may appoint a qualified bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and registration of transfers of the Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its designated corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 4, and shall deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then registered owner thereof or its duly authorized attorney or legal representative. Any such transfer or exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such transfer or exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and 5 powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books as of the Record Date. 8. Sale of Bonds. The City Council approves the following terms of the sale of the Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the City Manager, in collaboration with the Financial Advisor, and subject to the limitations set forth in Sections 1 through 3, and the City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the sale provisions and limitations set forth in Section 2. Following the sale of the Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the City Council. 9. Notice of Sale. The City Manager, in collaboration with the Financial Advisor, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the form of the Official Notice of Sale, which form is attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 below, and which form is approved;provided, that the City Manager, in collaboration with the Financial Advisor, may make such changes in the Official Notice of Sale not inconsistent with this Resolution as he may consider to be in the best interest of the City. 10. Official Statement. A draft of a Preliminary Official Statement relating to the Bonds, a copy of which has been provided or made available to each member of the City Council, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager, in collaboration with the Financial Advisor, may consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisor, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement for the Bonds, execution thereof by the City Manager to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final Official Statement by the earlier of seven business days after the Bonds have been sold or the date of issuance thereof, for delivery to each potential investor requesting a copy of the Official Statement and for delivery to each person to whom such purchaser initially sells Bonds. 11. Official Statement Deemed Final. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the Official Statement in final form for the Bonds, each to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12") of the Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to Rule 15c2-12. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the City, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to Rule 15c2-12. 6 12. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded to the winning bidder, the officers of the City are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor. 13. Arbitrage Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the"Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing laws. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds. 14. Non-Arbitrage Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the reasonably expected use and investment of the proceeds of the Bonds in order to show that such reasonably expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the City. 15. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds or the facilities financed with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or of the facilities financed with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code; provided, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 16. Post-Issuance Compliance. The Post Issuance Compliance Procedures established as directed by resolution of the City Council adopted on March 13, 2012 and as amended from time to time will apply to the Bonds to ensure that the proceeds of the Bonds and the projects financed with such proceeds are used in compliance with the provisions of federal tax law applicable to tax-exempt governmental obligations. 17. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to 7 execute and deliver a continuing disclosure agreement setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary to assist the purchaser of the Bonds in complying with the provisions of Rule 15c2-12. Such continuing disclosure agreement shall be substantially in the form attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 above, which form is approved with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. The Mayor, the City Manager and such other officers of the City as either may designate are further authorized to the extent necessary or appropriate to develop, implement or enhance procedures to ensure compliance with the City's undertakings related to Rule 15c2-12 for all obligations issued and to be issued by the City to which such Rule applies. 18. Other Actions. All other actions of officers of the City and of the City Council in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby ratified, approved and confirmed. The City Manager or his designee is authorized to transfer funds to the City of Virginia Beach Public Schools for projects to be reimbursed from proceeds of the Bonds, and any funds previously transferred for such purpose is hereby ratified, confirmed and shall be reimbursed from proceeds of the Bonds. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 19. Investment Authorization. The City Council hereby authorizes the Director of Finance to direct the City Treasurer to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of certain of the proceeds of the Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 20. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 21. Effective Date. This Resolution shall take effect immediately. Exhibit A—Form of Bond 8 Exhibit A—Form of Bond Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange or payment, and this certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED No. UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public Improvement Bond Series 2021A INTEREST RATE MATURITY DATE DATED DATE CUSIP % ,2021 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof to the registered owner hereof, or registered assigns or legal representative, the Principal Amount stated above on the Maturity Date stated above, subject to prior redemption as hereinafter provided, and promises to pay interest hereon from the Dated Date stated above on each and ,beginning , 20_, at the annual Interest Rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Principal, premium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as successor paying agent and registrar for the bonds. Notwithstanding any other provision hereof, this bond is subject to a book-entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Blanket Issuer Letter of Representations to DTC. This bond is one of an issue of $ General Obligation Public Improvement Bonds, Series 2021A (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The Bonds have been authorized by ordinances adopted by the City Council of the City of Virginia Beach (the "City Council") on May 12, 2015, May 10, 2016, May 9, 2017 and May 15, 2018., and are being issued pursuant to a resolution adopted by the City Council on July 2021 (the "Bond Resolution"), to finance various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements and to pay costs of issuance of the Bonds. The Bonds maturing on or before , 20_, are not subject to optional redemption prior to maturity. The Bonds maturing on or after , 20_, are subject to redemption prior to maturity at the option of the City on or after , 20_ in whole or in part at any time (in any multiple of$5,000), upon payment of the following redemption prices (expressed as a percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid to the date fixed for redemption: Period During Which Redeemed (Both Dates Inclusive) Redemption Price [The Bonds maturing on , 20_, are required to be redeemed in part before maturity by the City on , 20_,in the years and amounts set forth below, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued and unpaid to the date fixed for redemption: Year Amount Year Amount The Bond Resolution provides for a credit against the mandatory sinking fund redemption of the Bonds maturing on , 20_ in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit.] If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all the Bonds of a particular maturity are called for redemption, the Bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a)the portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by$5,000. A-2 The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by electronic transmission, facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner hereof. If a portion of this bond is called for redemption, a new Bond in the principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The full faith and credit of the City are irrevocably pledged for the payment of principal of, premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payment of this bond, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the City sufficient to pay when due the principal of,premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person or entity exclusively entitled to payment of principal of and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as the owner on the registration books on the 15th day of the month preceding each interest payment date. In the event a date for the payment of principal, redemption price, or interest on this bond is not a business day, then payment of principal, redemption price, and interest on, this bond shall be made on the next succeeding day which is a business day, and if made on such next succeeding business day, no additional interest shall accrue for the period after such payment or redemption date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of Bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the Dated Date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia A-3 ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s)and transfer(s)unto: (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: • the within bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be (Signature of Registered Owner) guaranteed by an Eligible Guarantor NOTICE: The signature above must Institution such as a Commercial Bank, Trust correspond with the name of the registered Company, Securities Broker/Dealer, Credit owner as it appears on the front of this bond in Union or Savings Association who is a every particular, without alteration or member of a medallion program approved by enlargement or any change whatsoever. The Securities Transfer Association, Inc. A-4 Requires an affirmative vote by a majority of the members of the City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, this 6 t h day of July, 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ifik---- inance Department ity orney's fice CA15486 R-1 June 24, 2021 City of Virginia Beach,Virginia 2021A General Obligation Bond Sale-$110 million Preliminary Project List* City Expenditures 2/4/2020-6/24/2021 and School Expenditures 7/1/20-6/24/21 and Future Needs Project Project Number&Name Expenditures Total Amount Roadways 100318 PRINCESS ANNE PHASE VII 7,193,925 100355 SANDBRIDGE ROAD BRIDGE REPLACMENT 3,392,079 100401 STREET RECONSTRUCTION-PHASE II 4,855,792 100492 WITCHDUCK ROAD-PHASE II 8,471,029 TOTAL ROADWAYS $ 23,912,825 Building&Assets 100291 OPERATIONS FACILITIES RENOVATIONS 7,156,882 100445 VARIOUS BUILDINGS-HVAC REHAB& RENEWAL - PHASE IV 3,260,833 100446 VARIOUS BUILDINGS-REHAB&RENEWAL -PHASE IV 1,320,710 TOTAL BUILDING&ASSETS 11,738,425 TOTAL GENERAL GOVERNMENT 35,651,250 Schools 601002 TENNIS COURT RENOVATIONS II 425,320 601005 JOHN B DEY ES MODERNIZATION 828,926 601006 THOROUGHGOOD ES REPLACEMENT 1,591,617 601007 PRINCESS ANNE MS REPLACEMENT 20,358,443 601010 RENOV&REPLACE-GROUNDS PHASE II 3,000,100 601013 RENOV& REPLACE-REROOFING PHASE II 183,610 601017 RENOV&REPLACE-GROUND PH III 7,610,276 601018 RENOV&REPLACE-HVAC PH III 11,385,112 601019 RENOV& REPLACE-REROOFING PH III 11,882,766 601020 RENOV&REPLACE-VARIOUS PH III 9,843,087 601021 PLAZA ANNEX-LASKIN ROAD ADDITION 6,734,579 601027 RENOVATIONS AND REPLACEMENT—SAFE SCHOOLS IMPROVEMENTS 504,914 TOTAL SCHOOLS1 74,348,750 TOTAL PROJECT FUNDS2 $ 110,000,000 * Preliminary and subject to change 1 Includes$37,250,000 in projected future spending on School projects that will be sent to State Non-Arbitrage Program(SNAP)in a new SNAP account. 2 Of the Total Project Funds proceeds,$72,750,000 is reimbursement for prior expenditures. Source:City of Virginia Beach, Department of Finance 38 ITEM— VILI.7 ORDINANCES/RESOLUTIONS ITEM#71 774 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as Pike Inlet located at the rear of 2721 Bluebill Drive re construct and maintain a floating pier and three(3)pilings Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss July 6, 2021 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS PIKE INLET 7 LOCATED AT THE REAR OF 2721 8 BLUEBILL DRIVE 9 10 WHEREAS, Geoffrey A. Fout and Pamela M. Fout (the "Fouts") have 11 requested permission to construct and maintain an 8' x 20' floating pier and 3 pilings (the 12 "Encroachments") within a portion of the City's property known as Pike Inlet (GPIN: 2433- 13 16-9348) located adjacent to their property at 2721 Bluebill Drive (GPIN: 2433-26-3666); 14 and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Fouts, their heirs, assigns 25 and successors in title are authorized to construct and maintain an 8' x 20' floating pier 26 and 3 pilings in the City's property as shown on the map entitled: "EXHIBIT 'A' 27 ENCROACHMENT SHOWING PROPOSED FLOATING PIER AND PILINGS FOR 28 GEOFFREY & PAMELA FOUT 2721 BLUEBILL DRIVE SANDBRIDGE SHORES 29 NORTH AREA SECTION 1-A LOT 48A MAP BOOK 192, PAGES 29-30," dated April 2, 30 2021, having a Scale of 1" = 30', and prepared by Clark Design Group, a copy of which 31 is attached hereto as Exhibit 'A' and on file in the Department of Public Works and to 32 which reference is made for a more particular description; 33 34 BE IT FURTHER ORDAINED, that the Encroachments are expressly 35 subject to those terms, conditions and criteria contained in the agreement between the 36 City of Virginia Beach and the Fouts (the "Agreement"), an unexecuted copy of which has 37 been presented to the Council in its agenda, and will be recorded among the records of 38 the Clerk's Office of the Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as the Fouts and the City Manager or his authorized designee execute the 45 Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th 48 day of July , 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: Br .P) IC WORKS REAL ESTATE . ARMEYER SENIOR CITY ATTORNEY CA15206 R-1 Prepared: 05/19/21 c:\users\ccvaughan\desktop\on hold\fout-2721 bluebill dr gpin 2433-26-3666 file no 6015\city council final\00732196.docx c \ FOUT ENCROACHMENT EXHIBIT n/f city of Virginia Beach i 0 30 60 'i gpin: 2433 16 9348 , z M.B. 103 P. 24 r'mm h, 1 of 1" = 30' This site plan is based on plat recorded in PROPOSED ENCROACHMENT (CVB)M.B.192.Pgs.29-30 and was PIKE INLET 1 FLOATING PIER PILING = 7.5' prepared without the benefit of a title search. \ I FLOATING PIER = 6.2' ENCROACHMENT AREA = 126sf O SHADED AREA REPRESENTS • PROPOSED ENCROACHMENT IN tr) 'Ve CITY OF VIRGINIA BEACH o a�to a N '.poi PARCEL(GPIN:2433 16 9348) j-•10 oo =�, PROPOSED 8'x20' 1 Y o 6, �, FLOATING PIER ozN2rn x;, Xo I teQ �0iO 3int i.� -0O �~ e a e 4' 'es h NN lid.4 Yiy ** !Z �r N Q.`\ N3'24'45"E `'y4�.�/ . I —fc6NeRE,TE-BHL-KH64B-- v C a Q 14.04' ..rti�I 1 ��I°iI�I�I ICI N 10'48'00"W 0 z ••stsIII•••� \\ \ 60.00' 0 ��♦ 0 c'� Iv. t��.0 00 J I ,CONCREV a� co N ee 43. 0 4 ,0 3-STORY FRAME I PAno •\ �, 44/4444,PAVER ° N 3�^N 4��i. PATIO #2721 BLUEBILL I \ • •c o v"�0��i Y�i�i�� \ \ ° a N N N E .ai�� POOL Asks \\ o• N p4i'� Q I N 5'DRAINAGE AND 2/0;. �' . _ \\ \ UTILITY EASEMENT-1 �44:4��„j�� . .: 1 \ M.B.192 P.29-30 �/ i�4�i CONCRL E \\ \ pR a I SHED I \ rn i I \\ \ / I \ - I • ° 1 (............‘ /f geoffrey alfred & pamelaI / michelle fout �p`L (' •F / 2721 bluebill drive / • ° gpin: 2433-26-3666 �O' '/ ed i.n. 20200924000898580 / ` (,1/ • ' plat m.b. 192 P29 // o Z_ ;l 0.48.00'E_ 175.05' BRAD MARTIN` PF ---99.95'TOTUNALANE --tit7N 07 3Z9• ' EXHIBIT 'A'- ENCROACHMENT BLUEBILL DRIVE .0 04/02/202 I q- SHOWING PROPOSED 50 RIGHT-OF-WAY �'O G\��`° M.B. 78 P.50 SS/ANAL EN FLOATING PIER AND PILINGS FOR GEOFFREY& PAMELA FOUT CLARK DGersoiugpn 2721 BLUEBILL DRIVE SANDBRIDGE SHORES NORTH AREA SECTION 1-A LOT 48A 824 West 21st Street MAP BOOK 192, PAGES 29-30 Norfolk, Virginia 23517 ZONING: R-15 PAGE 1 OF 3 (757) 622 - 3900 DATE: 04 / 02 / 2021 www . ClarkDes . corn ` / FOUT ENCROACHMENT EXHIBIT m 0 10 20 1" = 10' I I PROPOSED 8'x20' FLOATING PIER f ,.., cc, 03 W PIKE INLET g J 0 LL l I , 0 0 0 I P< c r N < 20.0' `° 20.0' tik filidiC CONCRETE BULKHEAD k a° ° ° �� a a l 1 �� VW it 4 A III111I1Ef' SECOND STORY DECK �‘ ° WAINA FIRST STORY DECK �\ $111111��44 3-STORY FRAME // . iiiii If ;�•,�,,,,�� #2721 BLUEBILL / o , / , `�`•`•`•`•`S#A I BRAD IA'TIN > •••••••••�, + Lic. N o.'3.999 1 EXHIBIT 'A' - ENCROACHMENT 04/02/ •2 SHOWING PROPOSED �oAFss/ANAL ENG"ee. FLOATING PIER AND PILINGS FOR GE 272 R1 BLUEBAM D V OUT CLJLRIZ`I GDesig roupn SANDBRIDGE SHORES NORTH AREA SECTION 1-A LOT 48A 824 West 21st Street MAP BOOK 192, PAGES 29-30 Norfolk, Virginia 23517 ZONING: R-15 PAGE 2 OF 3 (757) 622 - 3900 DATE: 04 / 02 / 2021 www . ClarkDes . corn ` i FOUT ENCROACHMENT EXHIBIT m 0 4 8 EXISTING SECOND STORY DECK (3)8"DIAMETER WOOD"GUIDE" 1/4" = 1' PILINGS 8'O.C.-LENGTH TO BE MINIMUM 16';CONTRACTOR TO SELECT ACTUAL LENGTH EPISNG PILING PILE HOOP GUIDE,2"SCHEDULE 40 HDG W/2"DIAMETER POLYETHYLENE ROLLER(TYP) PRE-MANUFACTURED — R FLOATING PIER 7.5'CITY L___ ENCROACHMENT 6.2'CITY 5/8"DIAMETER EXISTING ENCROACHMENT BOLT AND NUT CONCRETE 1 I 8' (TYPICAL)BULKHEAD It/ MHW +1.50' 4AUANC OYY FLOAT(TYP) MLW —1.30' 2"x8"HEADERS EACH SIDE,ATTAC �i, TO PILES,SPACED TRANSVERSELY BETWEEN BUOYANCY FLOATS DRIVE PILING TO MIN.50% P PENETRATION \1A .p..l-TH op SY / / 0 O// / Z BRAD MARTIN D Lic. No. 32999 04/02/202I EXHIBIT 'A'- ENCROACHMENT �� SHOWING PROPOSED OA„ S/ONAL ENc'\�� FLOATING PIER AND PILINGS FOR GE 2721REY& PAMELA BLUEBILL DRIVE UT CLARI{ Design SANDBRIDGE SHORES NORTH AREA SECTION 1-A LOT 48A 824 West 21st Street MAP BOOK 192, PAGES 29-30 Norfolk, Virginia 23517 ZONING: R-15 PAGE 3OF 3 (757) 622 - 3900 DATE: 04 / 02 / 2021 www . ClarkDes . corn PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this I I day of Mt , 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GEOFFREY ALFRED FOUT and PAMELA MICHELLE FOUT, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee". WITNESS ETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "48A" as shown on that certain plat entitled: "RESUBDIVISION OF LOTS NO. 47 & 48 TO FORM NEW LOTS NO. 47A & 48A SANDBRIDGE SHORES PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA", dated May 15, 1988, having a Scale of 1" = 40', and prepared by Freeman and Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 192, at page 29, and being further designated, known, and described as 2721 Bluebill Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a floating pier and pilings, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2433-16-9348 (Pike Inlet - CITY PROPERTY) GPIN: 2433-26-3666 (2721 BLUEBILL DRIVE) 1 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Pike Inlet, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' - ENCROACHMENT SHOWING PROPOSED FLOATING PIER AND PILINGS FOR GEOFFREY & PAMELA FOUT 2721 BLUEBILL DRIVE SANDBRIDGE SHORES NORTH AREA SECTION 1-A LOT 48A MAP BOOK 192, PAGES 29-30", dated April 2, 2021 , having a Scale of 1" = 30', and prepared by Clark Design Group, a copy of which is attached hereto as Exhibit 'A' and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such 4 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Geoffrey Alfred Fout and Pamela Michelle Fout, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 . Xvir 1 ci GEOFFRE A RED FOUT, Owner rfjcJjo , [�- 1C� PAMELA MICHELLE FOUT, Owner STATE OF VIRGINIA CITY/COUNTY OF 7/J//�7,1 K/zr -wit: The foregoing instrument was acknowledged before me this // day of / Z / ' , 2021, by Geoffrey Alfred Fout and Pamela '•_•ut. (SEAL) Notary Public CHARLA ANN CASTKA Notary Registration Number: 7 5 S—`7/ NOTARY PUBLIC COMMONWEALTH OF VIRGINIA My Commission Expires:�� MY COMMISSION EXPIRES FEB.29,2024 2�,��? COMMISSION#7195571 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: I o b S NATURE ER SEN R CITY ATTORNEY DEPARTMENT 7 / i FOUT ENCROACHMENT EXHIBIT m n/f city of Virginia Beach i 0 30 60 gpin: 2433 16 9348 i a M.B. 103 P. 24 '-'m w 1 of 1" = 30' This site plan is based on plat recorded in 1 9 1 PROPOSED ENCROACHMENT (CVB)M.B. 192.Pgs.29-30 and was PIKE INLET i' 1 FLOATING PIER PILING = 7.5' prepared without the benefit of a title search. I FLOATING PIER = 6.2' ENCROACHMENT AREA = 126sf O SHADED AREA REPRESENTS co i� PROPOSED ENCROACHMENT IN a �J CITY OF VIRGINIA BEACH o o N vim•`. PARCEL(GPIN:2433 16 9348) PROPOSED 8'x20' o a �xIX I FLOATING PIER ! o:aN2� g. f. -o• I j �'�'pQ O�cu�''� 'O • icy -13 o No Vith 114 �} ' a O N3.24.45 E .! i �1 .• 14- N a. . N='=IEi —e911�Rt�F-B�JL�CHEAs—y-\• 1 api 0 Q 14.04" 4"70 4N `.. \t. \ N 10.48'00"W _O ��,,,�, 60.00' O cu 0 ��I�IAItItI�� • \ ° \ co 0)O / to I �\ a �iS"'O 6. I. Air J � ,CONCRET€ a)=co N �i-V��v4+ ai-z.aN co Sift$$% AVER 3-STORY FRAME ( PA77o \ o ��`%�� PATIO I #2721 BLUEBILL I � c u��o -o iti Y�i�i� \ \ o c' o . .I : 44%i: ° \\ \ - a cN. o a l� POOL �� \\ o N 0..- Q .( `,A \\ o 5'DRAINAGE AND ?�IQ+� �' cb \\ c UTILITY EASEMENT--\ �+4*".,,j j�• 1 \ M.B. 192 P.29-30 / 4.:* CONCRETE.° \ \I DRIVE ti 'SHED' \\ \ ,,, \ \ • \ / I i \ -- / 1 _ •n/f geoffrey olfred & pamelo u / / • michelle fout GNU-N' •F 1 2727 bluebill drive / gpin: 2433-26-3666 k..) //,fj I deed i.n. 20200924000898580 1 ' ` n, II , plat m.b. 192 P29 O/ / Z / BRAD MARTIN` IP S10.48'001- 175.05' \ IPF f---99.95'TO TUNA LANE —LiL. No 329' EXHIBIT 'A'- ENCROACHMENT BLUEBILL DRIVE -0 04/02/202/ SHOWING PROPOSED 50' RIGHT-OF-WAY �'o�� G\N-- M.B. 78 P.50 SS/ONAL EN FLOATING PIER AND PILINGS FOR ,. GEOFFREY & PAMELA FOUT c LA R K Gro gp 2721 BLUEBILL DRIVE SANDBRIDGE SHORES NORTH AREA _ ! _ SECTION 1-A LOT 48A 824 West 21st Street MAP BOOK 192, PAGES 29-30 Norfolk, Virginia 23517 ZONING: R-15 PAGE 1 OF 3 (757) 622 - 3900 DATE: 04 / 02 / 2021 www . ClarkDes . corn ` FOUT ENCROACHMENT EXHIBIT — 0 10 20 1 = 10' I I , PROPOSED 8'x20' FLOATING PIER I im m W PIKE INLET g J 0 LL 1 I , 0 0 0 I 1 4 c _ 20.0 W- :�� 20.0 C CONCRETE BULKHEA a �- --�' ---a- a d \�' a 1 1 ri, n A \ A d \ d A \\ \�\�\�\Stjt$4 a A \ \ ��S��0��NNir SECOND STORY DECK \\ %i�%%%i \ hill �I�I�I�I�I� \\ A a 4,44,i�i� FIRST STORY DECK 4 \ tet••I•I\I\I\I% I,- \ %�SS�KI u �1 Op \Q..44, ��y� ' 3-STORY FRAME O 4 �'44, 4. �;�;y y,�; ' #2721 BLUEBILL / / — ��\�\�W% :.44444 $4444S I O �L :sS.$44. BRAD IfA•TIN D A$s:AsAlss,. J �� Lic. No13,999 vs*.••• EXHIBIT 'A'- ENCROACHMENT 04 i 02 i '•2 I SHOWING PROPOSED �pA, k'`SS/ANAL eNG <4-4'; FLOATING PIER AND PILINGS FOR — __ GEOFFREY& PAMELA FOUT CLK AR - Design 2721 BLUEBILL DRIVE Group SANDBRIDGE SHORES NORTH AREA _ _SECTION 1-A LOT 48A 824 West 21st Street MAP BOOK 192, PAGES 29-30 Norfolk, Virginia 23517 ZONING: R-15 PAGE 20F 3 (757) 622 3900 DATE: 04 / 02 / 2021 www . ClarkDes . corn ` c FOUT ENCROACHMENT EXHIBIT 0 4 8 EXISTING SECOND STORY DECK (3)8"DIAMETER WOOD"GUIDE" 1/4"= 1' PILINGS 8'O.C.-LENGTH TO BE MINIMUM 16';CONTRACTOR TO SELECT ACTUAL LENGTH EXISTING PILING PILE HOOP GUIDE,2"SCHEDULE 40 HDG W/2"DIAMETER - POLYETHYLENE ROLLER(TYP) PRE-MANUFACTURED - R FLOATING PIER 7.5'CITY ENCROACHMENT - 6.2'CITY 5/8"DIAMETER ENCROACHMENT EXISTING ' I 8, / BOLT AND NUT CONCRETE (TYPICAL) BULKHEAD -L JI I MHW +1.50' BUOYANCY _ FLOAT(TYP) MLW —1.3O'_ \i�<\�� ,\ \ \\� MUDLINE 2"x8"HEADERS EACH SIDE,ATTACHED ' k7 N i i / "i TO PILES,SPACED TRANSVERSELY 2= A\ BETWEEN BUOYANCY FLOATS DRIVE PILING TO /xv MIN.50% PENETRATION m ,r TH Op z BRAD MARTIN D Lic. No. 32999 EXHIBIT 'A'- ENCROACHMENT P 04/02/202/ �4- SHOWING PROPOSED oAsFss/ANAL ENG\a� FLOATING PIER AND PILINGS FOR - _. -. ,___ .._ _ _ GEOFFREY& PAMELA FOUT i Design 2721 BLUEBILL DRIVE CLARK-IGroup SANDBRIDGE SHORES NORTH AREA _ _ SECTION 1-A LOT 48A 824 West 21st Street MAP BOOK 192, PAGES 29-30 Norfolk, Virginia 23517 ZONING: R-15 PAGE 3OF 3 (757) 622 - 3900 ` DATE: 04 / 02 / 2021 www . ClarkDes . corn J N '9-o \__- ,, \ \ \ \ W�i E \ s Ao N \ _-- o , \ '0\ 1:,, lgIIIIIIIH- liC.1 1:1 1433636660\ 11\1110\. - / ' c-----\, ,., / \_.___-:' , , \ \,,-,,,-- PAN / lik • ------ LOCATION MAP ENCROACHMENT REQUEST FOR GEOFFREY ALFRED & PAMELA MICHELLE FOUT Legend '� 2721 BLUEBILL DRIVE City Properties GPIN 2433-26-3666 Feet D2433-26-3666 \ 0 50 100 200 .', M `^' C W—rjo- E — Itp s o ` ym,!�Mer M .. ,.ry M . r , r, r . l// nGe.,n u1 1 . g (go \ i 2433-26-3666 r. r it. 1%. , ...:, apt ry. r.. J „ • $ y au-. .. /•cam 0. .I i w -"ra .. -1vN w` LOCATION MAP �' ,, ENCROACHMENT REQUEST FOR GEOFFREY ALFRED & PAMELA MICHELLE FOUT "" Legend _; 2721 BLUEBILL DRIVE GPIN 2433-26-3666 City Properties , Feet M2433-26-3666 0 50 100 200 39 ITEM— VILI.8 ORDINANCES/RESOLUTIONS ITEM#71775 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE$762,600 of Fund Balance from the Police Federal& State Seized Assets Special Revenue Fund to the FY2021-22 Police Operating Budget re equipment and training Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss July 6, 2021 1 AN ORDINANCE TO APPROPRIATE $762,600 IN FUND 2 BALANCE FROM THE POLICE FEDERAL & STATE SEIZED 3 ASSETS SPECIAL REVENUE FUND FOR POLICE 4 EQUIPMENT AND TRAINING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $762,600 is hereby appropriated from the fund balance of the Police Federal & 10 State Seized Assets Special Revenue Fund, with revenues increased accordingly, to the 11 FY 2021-22 Police Department Operating Budget for the purchase of police equipment 12 and training services. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of July , 2021 . Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Bd%4tment ServicesY CA15482 R-1 June 24, 2021 40 ITEM— VIM.9a ORDINANCES/RESOLUTIONS ITEM#71776 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to Accept and Appropriate: a. $20,000 from Cities for Financial Empowerment Fund to FY2021-22 Parks and Recreation Operating Budget re Summer Youth Employment Program Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss July 6, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO THE DEPARTMENT OF PARKS 3 AND RECREATION FOR CONTINUED FINANCIAL 4 EMPOWERMENT PROGRAMS IN THE SUMMER 5 YOUTH EMPLOYMENT PROGRAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $20,000 is hereby accepted from Cities for Financial Empowerment and 11 appropriated, with revenue increased accordingly, to the FY 2021-22 Operating Budget 12 of the Department of Parks and Recreation for financial empowerment training and 13 banking access to participants in the Summer Youth Employment Program through April 14 30, 2022. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of July , 2021 . Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget & Management Services Ci tto y's Office CA15483 R-1 June 24, 2021 41 ITEM— VII.I.9b ORDINANCES/RESOLUTIONS ITEM#71777 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to Accept and Appropriate: b. $57,000from the U.S.Department ofJustice to FY2021-22 Police Department Operating Budget re overtime and training expense and AUTHORIZE the Chief of Police to EXECUTE a Memorandum of Understanding(MOU) with the Virginia Office of the Attorney General re Hampton Roads Human Trafficking Task Force Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss July 6, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $57,000 2 FOR WORK PERFORMED THROUGH THE HAMPTON 3 ROADS HUMAN TRAFFICKING TASK FORCE AND 4 AUTHORIZE THE POLICE CHIEF TO EXECUTE A 5 MEMORANDUM OF UNDERSTANDING WITH THE OFFICE 6 OF THE ATTORNEY GENERAL 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1 . $57,000 from the United States Department of Justice, via Virginia Office of the 12 Attorney General, is hereby accepted and appropriated, with federal revenue 13 increased accordingly, to the FY 2021-22 Police Department Operating Budget for 14 overtime and training to enhance efforts to address human trafficking through the 15 Hampton Roads Human Trafficking Task Force. 16 17 2. The Virginia Beach Chief of Police is hereby authorized to execute a memorandum 18 of understanding with the Virginia Office of the Attorney General in furtherance of 19 the Hampton Roads Human Trafficking Task Force and other efforts to address 20 human trafficking provided such memorandum of understanding is approved as to 21 form by the City Attorney or designee. Adopted by the Council of the City of Virginia Beach, Virginia on the 6 th day of July , 2021. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget an4agement Services City tor 's Office CA15481 R-1 June 23, 2021 42 ITEM— VIL.I.9c ORDINANCES/RESOLUTIONS ITEM#71778 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to Accept and Appropriate: c. $142,482 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2021-22 Human Services Operating Budget and ESTABLISH two (2)full-time positions re STEP-VA Services Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss July 6, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS AND TO ESTABLISH TWO POSITIONS IN THE 3 DEPARTMENT OF HUMAN SERVICES FOR THE 4 EXPANSION OF THE SYSTEM TRANSFORMATION 5 EXCELLENCE AND PERFORMANCE (STEP-VA) 6 INITIATIVE 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1. $142,482 from the Virginia Department of Behavioral Health and Developmental 12 Services is hereby accepted and appropriated, with funds from the Commonwealth 13 increased accordingly, to the FY 2021-22 Operating Budget of the Department of 14 Human Services for expenditures related to the STEP-VA Initiative. 15 16 2. Two full-time positions are hereby authorized in the Department of Human 17 Services FY 2021-22 Operating Budget, and such positions are conditioned upon 18 continued Commonwealth funding. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of July , 2021 . Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget a Management Services Cit o eY's Office CA15479 R-1 June 24, 2021 43 ITEM— VII.L9d ORDINANCES/RESOLUTIONS ITEM#71779 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to Accept and Appropriate: d. $200,000 in Federal Surplus Funding from the Congestion Mitigation and Air Quality Improvement Federal Program and TRANSFER $50,000 from CIP #100246 (Lesner Bridge Replacement) to CIP #100537 (Dam Neck and Holland Road Intersection Improvements) Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss July 6, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 SURPLUS FUNDING FROM THE CONGESTION 3 MITIGATION AND AIR QUALITY IMPROVEMENT FEDERAL 4 PROGRAM AND TO TRANSFER FUNDING FROM CAPITAL 5 PROJECT#100246, "LESNER BRIDGE REPLACEMENT,"TO 6 CAPITAL PROJECT #100537, "DAM NECK ROAD AND 7 HOLLAND ROAD INTERSECTION IMPROVEMENTS" 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA THAT: 11 12 1) $200,000 in federal surplus funding from the Congestion Mitigation and Air 13 Quality Improvement program is hereby accepted from the Hampton Roads Transportation 14 Planning Organization and appropriated, with federal revenues increased accordingly, to 15 Capital Project#100537, "Dam Neck Road and Holland Road Intersection Improvements." 16 17 2) $50,000 is hereby transferred from Capital Project#100246, "Lesner Bridge 18 Replacement," to Capital Project #100537, "Dam Neck Road and Holland Road 19 Intersection Improvements." Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day of Jul y , 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: udget and Management Services o y's Office CA15477 R-1 June 24, 2021 AbriV �� '� v ` W _� - E c r s ice ; . ,�, oo w ' .,, * SIM i1 -- - �a • .r4 r ....\..<0 0::: t. cli r4 { 4 7 4 1itiP , , ‘ 4\ /441611" It /40:4p iiiiirr ffAiii, ._., 45,)) "r- 444 41°111 , / , Alit I\ . ire' t VI ''' % Nk- X, , 0 ,k, .. os \,: \ill t#444>'N • ( ' •-, // ii),8/ i ' ,. 11/0 , N ,,N*Nr..,.. ....4 --/.. / / Ay - i ,t#4 410*, , - .,, , ci, t,y2i,/, eR/Gq r4\141_, 47 Ni, r, 2,\ __ , i C■ s."M � LOCATION MAP / /° 4 ' DAM NECK ROAD/HOLLAND ROAD /14 INTERSECTION IMPROVEMENT PROJECT CIP 100537 Feet \\-• ,,� ; 0 250 500 1,000 44 ITEM— VII.L9e ORDINANCES/RESOLUTIONS ITEM#71780 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to Accept and Appropriate: e. $600,000 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY 2021-22 Human Services Operating Budget and ESTABLISH five (5) full-time positions re implementation of the Marcus Alert System Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss July 6, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS AND TO ESTABLISH FIVE POSITIONS IN THE 3 DEPARTMENT OF HUMAN SERVICES FOR THE 4 IMPLEMENTATION OF THE MARCUS ALERT SYSTEM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $600,000 from the Virginia Department of Behavioral Health and Developmental 10 Services is hereby accepted and appropriated, with funds from the Commonwealth 11 increased accordingly, to the FY 2021-22 Operating Budget of the Department of 12 Human Services for expenditures related to the Marcus Alert System. 13 14 2. Five full-time employee positions are hereby authorized to the FY 2021-22 15 Operating Budget of the Department of Human Services for the Marcus Alert 16 System, and such positions are conditioned upon continued funding by the 17 Commonwealth. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of July , 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: d9 et and Management Services i t 's Office CA15478 R-1 June 24, 2021 45 ITEM— VII.L.10 ORDINANCES/RESOLUTIONS ITEM#71781 The following registered to speak: Michael Woodhead, 2329 Simpkins Court, Phone: 571-236-3278, spoke in SUPPORT Barbara Messner—did not respond Upon motion by Council Member Tower, seconded by Council Member Wilson, City Council ADOPTED Ordinance to APPROPRIATE $400,000 from the Fund Balance of the General Fund to PROVIDE a GRANT to the Hampton Roads Workforce Council(Requested by Council Member Tower) Voting: 8-1 Council Members Voting Aye: Mayor Robert M. Dyer, 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: Michael F. Berlucchi July 6, 2021 REQUESTED BY COUNCILMEMBER TOWER 1 AN ORDINANCE TO APPROPRIATE $400,000 2 FROM THE FUND BALANCE OF THE GENERAL 3 FUND TO PROVIDE A GRANT TO THE HAMPTON 4 ROADS WORKFORCE COUNCIL 5 6 WHEREAS, the City Council desires to support a program to address the 7 workforce availability crisis in the tourism industry; 8 9 NOW, THEREFORE, BE IT ORDAINED THE CITY COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA, THAT: 11 12 $400,000 is hereby appropriated from the fund balance of the General Fund to 13 provide a grant to the Hampton Roads Workforce Council to allow the Council to 14 undertake a program to address the workforce availability crisis in the tourism industry. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 6th day of July , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: City At orney's Office CA15492 R-1 June 30, 2021 46 ITEM— VIL.I.11 ADD ON RESOLUTION ITEM#71 782 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Resolution to DIRECT the City Attorney to file a Petition for Writ of Special Election re vacancy in the Kempsville District Voting.• 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss July 6, 2021 1 A RESOLUTION TO DIRECT THE CITY ATTORNEY TO 2 FILE A PETITION FOR A WRIT OF SPECIAL ELECTION 3 FOR THE OFFICE OF COUNCILMEMBER, KEMPSVILLE 4 DISTRICT 5 6 WHEREAS, Councilmember Jessica Abbott, Kempsville District, was elected for 7 a term that ends December 31, 2024; 8 9 WHEREAS, Councilmember Abbott has tendered her resignation effective July 2, 10 2021; 11 12 WHEREAS, Code of Virginia § 24.2-226 requires the governing body to petition 13 its circuit court for a Writ of Special Election to fill the remaining portion of the term of 14 office for a member of the City Council when that member's term of office ends in a year 15 other than the year for which a general election to fill the vacancy occurs; and 16 17 WHEREAS, the next election available is November 2, 2021. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That the City Council directs the City Attorney to file a Petition for a Writ of 23 Special Election in the Circuit Court for the purpose of filling the vacancy in the Office of 24 Councilmember, Kempsville District, for a term ending December 31, 2024, and 25 requests such special election to be held on November 2, 2021. 26 27 BE IT FURTHER RESOLVED: 28 29 That the City Attorney is directed to seek a stay of the federal injunction of the 30 City's election system to allow the special election to occur, and should such a stay not 31 be forthcoming, the City Attorney is directed to seek such other relief from the federal 32 courts to allow the City to fulfill its statutory obligations to fill the vacancy in the Office of 33 Councilmember, Kempsville District. Adopted by the City Council of the City of Virginia Beach, Virginia, this 6 th day of July , 2021. APPROVED AS TO LEGAL SUFFICIENCY: Y/44-1. orne ' Office CA15009 R-2 July 2, 2021 47 ITEM—VII-J.1 PLANNING ITEM#71783 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, BY CONSENT, Application of DHW JOINT VENTURE, LLC for the Street Closures re 15-foot Street Dedication adjacent to a 50foot Norfolk & Southern Corp. right-of-way, and a 20-foot private road northeast of Tolliver Road DHW JOINT VENTURE, LLC for the Street Closures re 15-foot Street Dedication adjacent to a 50-foot Norfolk& Southern Corp. right-of-way, and a 20-foot private road northeast of Tolliver Road The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Because the street closures are a formality to clear up a title issue, which could be an impediment to the redevelopment of the property, it is recommended that a purchase price be waived for these closures. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of the Street Dedication and the Private Road into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the areas proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closures of the Street Dedication and Private Road shall each be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1)year of the City Council vote to close the proposed areas, this approval shall be considered null and void. 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 6`" day of July Two Thousand Twenty One. July 6, 2021 48 ITEM—VII-J.1 PLANNING ITEM#71783 (Continued Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss July 6, 2021 1 ORDINANCE APPROVING APPLICATION 2 OF DHW JOINT VENTURE, L.L.C. FOR THE 3 CLOSURES OF (1) A 15-FOOT STREET 4 DEDICATION ADJACENT TO A 50-FOOT 5 NORFOLK & SOUTHERN CORP. RIGHT- 6 OF-WAY AND (2) A 20-FOOT PRIVATE 7 ROAD NORTHEAST OF TOLLIVER ROAD 8 9 WHEREAS, DHW Joint Venture, L.L.C. (the "Applicant") applied to the Council of 10 the City of Virginia Beach, Virginia, to have the hereinafter described portions of the 11 unimproved, rights-of-way discontinued, closed, and vacated; and 12 13 WHEREAS, it is the judgment of the Council that said portions of rights-of-way be 14 discontinued, closed, and vacated, subject to certain conditions having been met on or 15 before one (1) year from City Council's adoption of this Ordinance; 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 18 Beach, Virginia: 19 20 SECTION I 21 22 That the hereinafter described portions of unimproved rights-of-way (collectively, 23 the "Rights-of-Way") be discontinued, closed and vacated, subject to certain conditions 24 being met on or before one (1) year from City Council's adoption of this ordinance: 25 26 ALL THAT certain piece or parcel of land situate, lying and 27 being in the City of Virginia Beach, Virginia, designated and 28 described as "15' STREET DEDICATION (M.B. 79, P. 49) 29 TO BE CLOSED" and shown on that certain street closure 30 exhibit entitled: "STREET CLOSURE EXHIBIT OF 15' 31 STREET DEDICATION (M.B. 79, P. 49) VIRGINIA BEACH, 32 VIRGINIA," Scale: 1" = 30', dated January 28, 2021 , and 33 prepared by Timmons Group, a copy of which is attached 34 hereto as Exhibit A. 35 36 and 37 38 ALL THAT certain piece or parcel of land situate, lying and 39 being in the City of Virginia Beach, Virginia, designated and 40 described as "APPROXIMATE LOCATION OF 20' PRIVATE 41 ROAD (M.B. 7, P. 45) TO BE CLOSED" and shown on that 42 certain street closure exhibit entitled: "STREET CLOSURE 43 EXHIBIT OF 20' PRIVATE ROAD (M.B. 7, P. 45) VIRGINIA 44 45 No GPIN Assigned (Rights-of-Way) 46 Adjacent G PI Ns: 1459-81-8232, 1459-81-8217, 1459-91-0373, 1459-91-2208 47 & 1459-90-2964 48 49 BEACH, VIRGINIA," Scale: 1" = 40', dated January 28, 50 2021 and revised through May 7, 2021, and prepared by 51 Timmons Group, a copy of which is attached hereto as 52 Exhibit B. 53 54 SECTION II 55 56 The following conditions must be met on or before one (1) year from City 57 Council's adoption of this ordinance: 58 59 1. The City Attorney's Office will make the final determination regarding 60 ownership of the underlying fee. The purchase price to be paid to the City shall be 61 determined according to the "Policy Regarding Purchase of City's Interest in Streets 62 Pursuant to Street Closures," approved by City Council. Because the street closures are 63 a formality to clear up a title issue, which could be an impediment to the redevelopment 64 of the property, it is recommended that a purchase price be waived for the Rights-of- 65 Way. 66 67 2. The Applicant shall resubdivide the property and vacate internal lot lines to 68 incorporate the Rights-of-Way into the adjoining parcels. The resubdivision plats must 69 be submitted and approved for recordation prior to the final street closure approval. 70 71 3. The Applicant shall verify that no private utilities exist within the Rights-of- 72 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 73 company must be provided. 74 75 4. Closure of the Rights-of-Way shall be contingent upon compliance with 76 the above-stated conditions within 365 days of approval by City Council. If the 77 conditions noted above are not accomplished and the final plat is not approved for 78 recordation within one (1) year of the City Council vote to close the Rights-of-Way, this 79 approval shall be considered null and void. 80 81 82 83 SECTION III 84 85 1. If the preceding conditions are not fulfilled on or before July 5, 2022, this 86 Ordinance will be deemed null and void without further action by the City Council. 87 88 2. If all conditions are met on or before July 5, 2022, the date of final closure 89 is the date the street closure ordinance is recorded by the City Attorney. 90 91 3. In the event the City of Virginia Beach has any interest in the underlying 92 fee, the City Manager or his designee is authorized to execute whatever documents, if 93 any, that may be requested to convey such interest, provided said documents are 94 approved by the City Attorney's Office. 95 96 SECTION IV 97 98 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 99 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 100 VIRGINIA BEACH (as "Grantor") and DHW JOINT VENTURE L.L.C., a Virginia limited 101 liability company(as "Grantee"). 102 103 Adopted by the Council of the City of Virginia Beach, Virginia, on this 6 t h day 104 of July , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I 11-4-7 Planning Department City Att ey CA15224 \\vbgov.com\dfs 1\applications\citylaw\cycom321wpdocAd017\p038100734590.doc R-1 June 23, 2021 LINE TABLE i / /'/ ��'H Op LINE BEARING LENGTH ...,/ �` // 1,°%/41/M �/L1 N60°42'39"E 17.32' / / APPROXIMATE �j d..\'' LOCATION OF H. RENCH L2 SO°42'39"W 23.09' /,/ `‘ 20'PRIVATEROAD Lic. No. 2410 // \ (M B. 7,P.45) L3 S60°42'39"W 17.32' , \ ( u�-�a � L4 NO°42'39"E 23.09' /' �•�,�` 15'STREET DEDICATION ' SUR`�� 1 `•44010 `I TO BE CLOSED RESIDUAL AREA"EAST" !y (INST#20180531000442410) ,N/F DHW JOINT VENTURE,L.L.C. \ (INST#20181030000891880) I ` GPIN 14598182170000-\ 1 \ SFZ(' .yOT� �� 7 Z v I W a o0 1 \ PART OF PLAT NO.3 Z Q ^ oo K I (M.B. 7,P.45) n? to m RESIDUAL N/F O0 Q ,-,1,- a v `D i PROPERTY"EAST" \\ DHW JOINT VENTURE,L.L.C. o m h (INST#20161026000969440) (INST#20180409000288790) a (D`O`�^ca ^ W N/F \GPIN 14 599 103 730000 JO O a ri 2 M I rn DHW JOINT VENTURE,L.L.C. \ L.L. U `-q Nzl- I N (INST#20181030000891880) \ O o3 CD to o GPIN 14598182320000 \ PUBLIC DRAINAGE EASEMENT 15'AND VARIABLE WIDTH 5'DRAINAGE& DOMINION VIRGINIA POWER, VERIZON UTILITY EASEMENT �i �— &COX COMMUNICATIONS EASEMENT (M.B. 79,P.49) / - ham— (INST#20161026000969440) (INST#20 16 1 0280009 75690) ` (INST#20 16 120500 1 103 750)(INST#20161216001139330) \ PUBLIC DRAINAGE EASEMENT -- _ }�T ___---_-4 (INST#20180608000469280) \ (INST#20180531000442410) (INST#20 18 103 000089 1880) I \ L N24 46'44"W 366.36' L=3.65' 30'DOMINION VIRGINIA POWER, VERIZON&COX N24°46 43"W (I COMMUNICATIONS EASEMENT 1721' TOLL/VER ROAD (INST#20180531000442410) 70'RIGHT-OF-WA y (INST#20180716000575590) NST#20161026000969410)(INST#20 1 6 1 028 00 09 75690) (INST#20 1 80 71 700058 1 350) (INST#20 1 6 10260009694 4 0)(INST,+120161028000975690) (INST#20180813000666500) (INST#20,80531000442410)101 (//yST#20 18 103000089 18B0) (INST 1f20 18 8000B57420)(INST#20181030000891880) NOTES _ 1 THE MERIDIAN SOURCE OF THIS PLAT IS BASED ON THE VIRGINIA STATE PLANE COORDINATE SYSTEM,SOUTH ZONE,NORTH AMERICAN SCALE 1"=30' DATUM 1983/1993(HARN). THE CITY OF VIRGINIA BEACH CONTROL REFERENCE POINTS USED TO 0 30' 60' ESTABLISH THE COORDINATE VALUES SHOWN HEREON ARE PS 313 AND PS 316. 2 THIS EXHIBIT IS FOR STREET CLOSURE STREET CLOSURE EXHIBIT PURPOSES AND DOES NOT CONSTITUTE A OF 15'STREET DEDICATION SUBDIVISION OF LAND. (M.B, 79, P. 49) VIRGINIA BEACH VIRGINIA THIS DRAWING PREPARED AT THE Date: 01-28-21 Scale:l"=30' VIRGIHIA BEACH OFFICE YUUR`.SIDS ACHIEVED•,IRQUGY'OURS Swtn Lvnfha•ren Xoa2.SuOe 200 I V•rgina 9E]PI.VA 73452 Sheet 1 of 1 J.N.. 39258 'TEL 757.213.6679 FAX 757.340.1415 www t,mrnons.com Drawn by.KT Checked by:THF TIMMONS GROUP •-ii •••di_ EXHIBIT RESIDUAL AREA "EAST" N24 4643"W (INST#20180531000442410) N/F DHW JOINT VENTURE,L.L.C. 17.21' .\ (INST#20181030000891880) . GPIN 14598182170000 TE q � o > � `• \`• �sbe �- I i '� s O i .\ . o i B .j .c: CIO Q \ 7c9 . . 9� O O /--- RESIDUAL .`.� \`. 7s6' ..) Asrs ��i / PROPERTY E ` AST" Nt"� . 10000 � O,� %TOL L I VER ROAD (INST#20 16 10260009694 4 0) ';. i 70'RIGHT-OF-WAY N/F N60 42'39"E (INST#20161026000969410) DHW JOINT VENTURE,L.L.C. • 25.01' i/ (INST#20181030000891880) /i (INST#20161028000975690) GPIN 14598182320000 1:: (INST#20161026000969440) II '/----- (INST#20161028000975690)--- ------------r:.4: -- (INST#20180531000442410) k:: ::::.::::{ (INST#20181030000891880) 15'STREET (INST#20181018000857420) DEDICATION (INST#20181030000891880) (M.B. 79,P.49) I.,:.. ...:::� of k::::: :r PART OF PLAT NO.3 : ; . (M.B. 7,P.45) :::1 N/F DHW JOINT VENTURE,L.L.C. 'f H OF (INST#20180409000288790) o� `-- 1'j GPIN 14599103730000 2 .. 10) 41 , o ERIC S. PATTERSON ' APPROXIMATE Lic. No. 2412 LOCATION OF Lii:::: 1 O D 7—Z l 20'PRIVATE ROAD (M.B. 7,P.45) t::. ` ::::k <4'UpM- TO BE CLOSED t ::: ::k SCALE 1"=40' MII _ : PART OF PLAT NO.4 k•...•.•:` (M.B. 7,P.45) 4 ..... N/F NOTES DHW JOINT VENTURE,LLC k.••.. :� 1. THE MERIDIAN SOURCE OF THIS PLAT IS BASED ON THE VIRGINIA STATE PLANE COORDINATE (INST IN 1459912208000000) ::i SYSTEM,SOUTH ZONE,NORTH AMERICAN GPIN 14599122080000 DATUM 1983/1993(HARN). THE CITY OF VIRGINIA 1 BEACH CONTROL REFERENCE POINTS USED TO MATCHLINE SHEET 2 ESTABLISH THE COORDINATE VALUES SHOWN HEREON ARE PS 313 AND PS 316. STREET CLOSURE EXHIBIT 2. THIS EXHIBIT IS FOR STREET CLOSURE OF 20'PRIVATE ROAD PURPOSES AND DOES NOT CONSTITUTE A (M.B. 7, P. 45) SUBDIVISION OF LAND. VIRGINIA BEACH VIRGINIA Date: 01-28-21 Scale:1"=40' THIS DRAWING PREPARED AT THE Sheet 1 of 2 J.N.: 39258 VIRGINIA BEACH OFFICE YOUR VISION ACHIEVED THROUGH OURS. 2901 South Lynnhaven Road,Suite 200 I Virginia Beach,VA 23452 Drawn by:KT Checked by:ESP TEL 757.213.6679 FAX 757.340.1415 www.timmons.com Revised Date: 05-07-21 TIMMONS GROUP ...': b EXHIBIT D0 MATCHLINE SHEET 1 \ PART OF PLAT NO.4 \ (MB. 7,P.45) \ N/F \ \ / 1:•..::•:• .•••;1 DHW JOINT VENTURE,LLC \ / •; •"` 1 (INST#20180525000428700) " GPIN 14599122080000 q -- -\---- \r: APPROXIMATE r-...\1 LOCATION OF PARCEL 1-0 \\ (INST#2006 12 1900 188 1 190) ::::::::::•••• 20'PRIVATE ROAD .1.- (M.B. 7,P.45) N/F :::::<':-::.::::+ TO BE CLOSED S&J TRUCK TERMINAL, INCORPORATED (D.B.3483,P. 1398) 1: ;:; :-.i:;1 \ ----------------- GPIN 14599029640000 \ \ of \ 1^ \ \ 1: 1 \ PART OF PLAT NO.5 0 \ 1:, 21::1 W \ (M.B. 7,P.45) 0 ERIC S. PATTERSON a \ h 1 to N/F Lic. No. 2412 \\ " DHW JOINT VENTURE,LLC 0S—o7--Zl \ :.:::1 co \ (INST#20180525000428700) ,g �I 2 i..:: 1 GPIN 14599142020000 - \ 11•V :: .1 \ i 20'MAINTENANCE EASEMENT }..:.....1 (INST#20161028000975700) I 1::}::::: 1 (INST#20161026000969320) I 1>: ' t CATION I :...:.;; TE LD T .......... \ PROXIMA �SEME N — T "1::::.1:::`.:;`;1 AP ,VEPCO 218) VARIABLE WIDTH PUBLIC - —_ I .f:: :: \ 150 B 321,P' 224) IMPOUNDMENT EASEMENT �.::'I: 1 \ (0' • 321,P.B• 539) (INST#20161028000975700) I 1:.::1:..:::::::1 (D B,322•P' 492) _-(INST#20161026000969320) I 1:'':: \ (0.B 332,P. 582) I 1 \ (0 331,P. 30z18.83'PRIVATE ( ... 1 \ (OS. 344 394) ,P• DRAINAGE EASEMENT I !"` \ (D' • (D.B.2874,P. 1440)-----1--"---... 118.20'1:N20.6°0 597.2 S26°00'07"W 97.28' � S25°4100"W 165.17' S26°0027"W i -S63°59'53 E PARCEL II-A 18.84' (INST#20170823000721480) L880.36'TO TOLL/VER ROAD (INST#20181207001006000) N/F FIRST VIRGINIA N/F LAND TRUST ROAD NO.4 (D.B.2857,P. 1175)(D.B.2198,P. 1791) -_ 20'PR/VATS ROAD GPIN 14690008010000 — (UNIMPROVED) — (M.B. 7,P.45) — (M.B.55,P. 15) -- -- /N/F / S&J TRUCK TERMINAL, -- � INCORPORATED (D.B.3483,P. 1398) GPIN 14589958210000 STREET CLOSURE EXHIBIT SCALE 1"=40' OF 20'PRIVATE ROAD (M.B. 7, P.45) 0 40' 80' VIRGINIA BEACH VIRGINIA Date: 01-28-21 Scale:1"=40' THIS DRAWING PREPARED AT THE Sheet 2 of 2 J.N.: 39258 VIRGINIA BEACH OFFICE YOUR VISION ACHIEVED THROUGH OURS. 2901 South Lynnhaven Road,Suite 200 I Virginia Beach,VA 23452 Drawn by:KT Checked by:ESP TEL 757.213.6679 FAX 757.340.1415 www.timmons.com — Revised Date: 05-07-21 TIMMONS GROUP . % 49 ITEM—VII-J.2 PLANNING ITEM#71784 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, BY CONSENT, Application of OCEANRENTAL PROPERTIES,LLC(now known as ORP Ventures,LLC) for a Street Closure re 1,151 sq.ft of an unimproved portion of 10t Street (formerly 13th Street) adjacent to Norfolk Avenue DISTRICT 6—BEACH OCEAN RENTAL PROPERTIES,LLC(now known as ORP Ventures, LLC)for a Street Closure re 1,151 sq.ft of an unimproved portion of 10`h Street (formerly 13`h Street) adjacent to Norfolk Avenue DISTRICT 6 — BEACH The following conditions shall be required: 1. The access point in front of 516 Norfolk Avenue shall be closed and curb and gutter shall be reinstalled along this portion of Norfolk Avenue. 2. No more than two(2)vehicles shall be parked in front of 516 Norfolk Avenue, between the building and the right-of-way. 3. A fence shall be installed along the front property line and plantings shall be planted to screen to parking area. 4. The existing gravel in front of 516 Norfolk Avenue, between the building and right-of-way, shall be removed. 5. A parking agreement between the property owners of 516 and Unit B of 518 Norfolk Avenue shall be recorded within 180 days from the date of approval of this request. 6. The fence located in front of 518 Norfolk Avenue shall be relocated to not encroaches into the right-of-way unless an encroachment request is granted by the City. 7. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 8. A public utility easement(s), extending five (5)feet in each direction of the water service lines and water meter boxes shall be recorded with the Clerk Circuit Court prior to final street closure approval. 9. The applicant shall resubdivide the properties and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. July 6, 2021 50 ITEM—VII-J.2 PLANNING ITEM#71784 (Continued) 10. The applicant or the applicant's successors or assigns shall verb that no private utilities exist within the right-of-way proposed for the closure.Ifprivate utilities do exist, easements satisfactory to the utility company, must be provided. 11. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 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 6th day of July Two Thousand Twenty One. Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss July 6, 2021 1 ORDINANCE APPROVING APPLICATION OF 2 OCEAN RENTAL PROPERTIES, LLC (NOW 3 KNOWN AS ORP VENTURES, LLC) FOR 4 THE CLOSURE OF APPROXIMATELY 1 ,151 5 SQ. FT. OF AN UNIMPROVED PORTION OF 6 10TH STREET (FORMERLY 13TH STREET) 7 ADJACENT TO NORFOLK AVENUE 8 9 WHEREAS, Ocean Rental Properties, LLC, now known as ORP Ventures, LLC, 10 a Virginia limited liability company (the "Applicant") applied to the Council of the City of 11 Virginia Beach, Virginia, to have the hereinafter described portion of an unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance. 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of an unimproved right-of-way (the "Right- 24 of-Way") be discontinued, closed and vacated, subject to certain conditions being met 25 on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and being 28 in the City of Virginia Beach, Virginia, designated and described as 29 "1,151 SQ. FT. 0.026 ACRES", shown as the hatched area on that 30 certain street closure exhibit entitled: "EXHIBIT 'A' OF A 1 ,151 SQ. 31 FT. (0.026) PORTION OF PROPERTY NORTH OF BLOCK 27, 32 SHADOW LAWN HEIGHTS (M.B. 7, P. 14) AS DESCRIBED IN 33 DEED BOOK 1387 AT PAGE 151 VIRGINIA BEACH, VIRGINIA", 34 Scale: 1" = 25', dated October 6, 2002, prepared by WPL, a copy 35 of which is attached hereto as Exhibit A. 36 37 SECTION II 38 39 The following conditions must be met on or before one (1) year from City 40 Council's adoption of this ordinance: 41 42 1 . The access point in front of 516 Norfolk Avenue shall be closed and curb 43 and gutter shall be reinstalled along this portion of Norfolk Avenue. 44 45 46 NO GPIN ASSIGNED — PUBLIC RIGHT-OF-WAY 47 (Adjacent GPINs: 2427-04-7261-0001 , 48 2427-04-7261-0002 and 2427-04-8118) 49 2. No more than two (2) vehicles shall be parked in front of 516 Norfolk 50 Avenue, between the building and Norfolk Avenue. 51 52 3. A fence shall be installed along the front property line and plantings shall 53 be planted to screen the parking area. 54 55 4. The existing gravel in front of 516 Norfolk Avenue, between the building 56 and Norfolk Avenue, shall be removed. 57 58 5. A parking agreement between the property owners of 516 Norfolk Avenue 59 and 518 Norfolk Avenue shall be recorded within 180 days from the date of approval of 60 this request. 61 62 6. The fence located in front of 518 Norfolk Avenue shall be relocated to not 63 encroach into Norfolk Avenue unless an encroachment request is granted by the City. 64 65 7. The City Attorney's Office will make the final determination regarding 66 ownership of the underlying fee. The purchase price to be paid to the City shall be 67 determined according to the "Policy Regarding Purchase of City's Interest in Streets 68 Pursuant to Street Closures," approved by City Council. Copies of the policy are 69 available in the Planning Department. 70 71 8. The Applicant shall resubdivide the properties and vacate internal lot lines 72 to incorporate the Right-of-Way into the adjoining parcels. Said resubdivision plat shall 73 include the dedication of a public utility easement, subject to the approval of the 74 Department of Public Utilities and the City Attorney's office, which easement shall 75 include a right of reasonable ingress and egress. 76 77 9. The Applicant shall verify that no private utilities exist within the Right-of- 78 Way proposed for the closure. If private utilities do exist, easements satisfactory to the 79 utility company must be provided. 80 81 10. Closure of the Right-of-Way shall be contingent upon compliance with the 82 above stated conditions within 365 days of approval by City Council. If the conditions 83 noted above are not accomplished and the final plat is not approved for recordation 84 within one year of the City Council vote to close the Right-of-Way this approval shall be 85 considered null and void. 86 87 SECTION III 88 89 1 . If the preceding conditions are not fulfilled on or before July 5, 2022, this 90 Ordinance will be deemed null and void without further action by the City Council. 91 92 2. If all conditions are met on or before July 5, 2022, the date of final closure 93 is the date the street closure ordinance is recorded by the City Attorney. 94 3. In the event the City of Virginia Beach has any interest in the underlying 95 fee, the City Manager or his designee is authorized to execute whatever documents are 96 requested, if any, to convey such interest, provided said documents are approved by 97 the City Attorney's Office. 98 SECTION IV 99 100 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 101 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 102 VIRGINIA BEACH as "Grantor" and ORP VENTURES, LLC; OCEAN RENTAL 103 PROPERTIES, LLC; ROBERT ARTHUR PERKINS, JR. and MARGARET BURD 104 PERKINS; and THOMAS J. SCHWARTZ, JR. and COLLEEN HURLEY-SCHWARTZ, 105 collectively as "Grantee". 106 107 Adopted by the Council of the City of Virginia Beach, Virginia, on this 6th day 108 of July , 20 21 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA15201 \\vbg ov.com\dfs l\applications\citylaw\cyco m32\wpd ocs\d022\p044\00735035.doc R-1 June 24, 2021 P �o z CONCRETE CURB NORFOLK AVENUE WIPE DOWN (VAR WIDTH R/W)(FORMERL Y PRINCESS ANNE AVE.) W , N/F CONCRETE WALK (M.B. 7, PG. 14) (M.B. 168, P. 48) Q rn AND DRIVEWAY CONCRETE cn`'' N CITY OF IiIRGINIA BEACH =`"^ (D.B. 617, PG. 274) CONCRETE CURB SIDEWALK o GPIN: 2427-04-5267 \ --- --- o W REMAINDER OF o N JIB PARCEL - N 1,3'5720" W (M.B. 7, P. 14) PP 2.09' N 89 25'49" E 185.02' _,__,,/ —. S 89 25'4'" W 92.52' 20.11' � _ p0. 30 yr 1, 151 P. FT 7 /00' ii '°/N 1 Y \ i N 13'57:36° WI 20.06 RES '40 Of .,.,,. ,50. ' .,..,..<:.`.. 0 ) SOTS 16 & 14 N/F STREET 23.50' , S r 6.02 `,.. ..,•.. .:.-..: HARRY A. do MARCIA L KLING m 10th W) r Q�� ':; GPIN: 2427-04-8242 �p (50 Rath SCREE 3 9Q (D.B. 3407, P. 1530) (FOR Ni""6 7 F 14)• ' / i z ei Q N \ 180 �" can 4 �" 1 �a '40 w 20-A -93% S 76�02 Noy GPIN: No 1 18-A 1 . o_ vD N/I _ 2427-04-7261-0001 GPIN: 2427-04-8118 ` Z BEACHLAWN BAPTIST CHURCH 2424-04-7261-0002 '�` * " \ 2427-04-6181 ro N 1 ;, a (D.B. 1387, P. 151) o ono % o 0 (M.B. 168, P. 48) o 0 0 o 0 m 10 0 EXHIBIT 'A' #LTH OF. OF A _ r�, 1,151 SQ. FT. (0.026 AC.) GI haPORTION OF PROPERTY • RIC ARNER-' NORTH OF BLOCK 27, SHADOW LAWN HEIGHTS (M.B. 7, P. 14) ' Lie. . 2904 Architecture AS DESCRIBED IN DEED BOOK 1387 AT PAGE 151Landscape 06/23/2021 Land VIRGINIA BEACH, VIRGINIA ��, _16' e g. 757.431.1041 2 2 iusuMc mt SII a 1O,ems,M 23452 SCALE: 1" = 25' OCTOBER 6, 2020 1:1 S UR I) 1 CAD/ehk: WJlf/eag • CITY OF VIRGINIA BEACH, VA I F.B./PG.: 997/75 & 999/23-27'PLAT: S-36 1 JN: 220-0241 51 ITEM—VII-13 PLANNING ITEM#71 78 5 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council DEFERRED TO JULY 13,2021, 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)Deferred from June 15, 2021 Voting: 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: Vice Mayor James L. Wood Council Members Absent: Michael F. Berlucchi John D. Moss July 6, 2021 :: City of Virginia Beach l 9�s cf,� on°� VBgov.00tn JAMES L.WOOD MJI8CPAL CENTER VICE MAYOR BUILDING 1,ROOM 281 DISTRICT 5-LYNNHAVEN 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 231569000 (757)7854342 FAX(757)340-2082 JLWOCDOVBGOV.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 ,iii, . L. Wood Vice Mayor JLW/RRI 52 ITEM—VII-J.4 PLANNING ITEM#71786 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, AS PROFFERED, BY CONSENT, Application of PEMBROKE SQUARE ASSOCIATES, LLC for a Conditional Change of Zoning from (B-3 Central Business District to Conditional CBC Central Business Core) re construction of housing for seniors located at the northern portion of 4554 Virginia Beach Boulevard DISTRICT 4—BAYSIDE PEMBROKE SQUARE ASSOCIATES, LLC for a Conditional Change ofZoninR from(B-3 Central Business District to Conditional CBC Central Business Core) re construction of housing for seniors located at the northern portion of 4554 Virginia Beach Boulevard (GPIN portion of 1477-56-2034)DISTRICT 4—BAYSIDE The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 6th day of July Two Thousand Twenty One. Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss July 6, 2021 jt4 R7_:5r— R7�5 / ,4 , . ► 17. � � R'7::5 �, Q lR'7�: � '►' �I. * fl I w -Q o�,\ R'75 j `�;ti <R^"e5��.�±� o ot . 4,RT.S a § �WR7:5'o� °p0; N ♦/%/'�\\",\R7.5\ . - R7.5 �c ) *coo o L ■ ° ti �.• 4.y' . R7 g 5( ee •c.: e 5 � o>° � S�t. \v a !o LB3° 0O�u2 44RIT.5� Li 1)or� '��. �° ,e B-3 \�' ° Corporation-tame�� b P 0 � O� C � $c " p, O ,�, fI� _ in , 9 G �G --� \� r�3 cam, ? �q��g ® B3 I B�3 St 0 �: 1 ,, r-Broad-Street fie,/, \i4i‘ / L � 0�c-'0 0 IL B3� 0 ! 0 0 t o a qc 1 CBC i CBCcBC ° r r ^ oo� Yo -CIAI I : o r ram o 5 N ® Site Pembroke Square Associates, LLC A! W '`�E Property Polygons Northern portion of 4554 Virginia Beach s n Zoning Boulevard Building Feet Parking Lot Drive Aisle 0 80160 320 480 640 800 960 G1141:•Bt4c i-d6 CITY OF VIRGINIA BEACH I INTER-OFFICE CORRESPONDENCE i t -_i 0 OF OUR NAS`OH S In Reply Refer To Our File No. DF-10593 DATE: June 25, 2021 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Pembroke Square Associates, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 6, 2021 . I have reviewed the subject proffer agreement,dated January 29, 20221 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Debbie Bryan PEMBROKE SQUARE ASSOCIATES, LLC,a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 29th day of January, 2021, by and between PEMBROKE SQUARE ASSOCIATES, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,Grantee. WITNESSETH: WHEREAS,the Grantor is the owner of a parcel of land located in the Bayside District of the City of Virginia Beach, containing 26.684 acres, which is more particularly described as "PARCEL 2-D" on Exhibit "A", the northernmost approximately 10.06 acres of which are more particularly described and designated as "PORTION OF PARCEL 2-D TO BE CONDITIONALLY REZONED"on Exhibit"A" (hereinafter the"Property"); and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee so as to change the Zoning Classification of the Property from B-3 Central Business District to Conditional CBC Central Business Core District; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning,certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land GPIN: Part of- 1477-56-2034-0000 Prepared by: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors,personal representatives,assigns,grantees,and other successors in interest or title: 1. When the Property is redeveloped,the height of those portions of any structures located within forty feet(40') of the right of way line of Jeanne Street shall not exceed thirty-five feet(35'). 2. When the approximately 2.12 acre section of the Property located at the southwest corner of the intersection of Jeanne Street and Constitution Drive is developed,it shall be a senior housing community substantially as depicted on the site plat designated"PEMBROKE SENIOR LIVING prepared for PEMBROKE SQUARE ASSOCIATES", dated January 26, 2021 by Kimley Horn ("Site Plan") which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. When PEMBROKE SENIOR LIVING is developed as depicted on the Site Plan, the architectural features,exterior appearance and exterior building materials shall be substantially as depicted and described on the two (2) page exhibit titled "PEMBROKE SENIOR LIVING — ELEVATIONS" dated January 22, 2021, prepared by Kahler Slater ("Elevations")which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2 4. When the Property is redeveloped, except as expressly limited by the three (3) preceding proffers, the maximum permitted height of any structures in the northern portion of the Property shall be one hundred feet (100') and there shall be no height limitation on structures in the southernmost portion of the Property as depicted and described on the "REZONING EXHIBIT - BUILDING HEIGHT" dated January 26, 2021 prepared by Kimley Horn ("Building Height Exhibit") which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 5. When the entire Property is redeveloped,there will be a total of not less than ten percent(10%) Open Space and a total of not less than five percent(5%) Green Space as described in the Pembroke Strategic Growth Area 4 Implementation Plan dated November 10, 2009, as amended February 25, 2014. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to CBC District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach,Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with 3 said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order,in writing,that any noncompliance with such conditions be remedied;and (b) to bring legal action or suit to insure compliance with such conditions,including mandatory or prohibitory injunction, abatement, damages, or other appropriate action,suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Pembroke Square Associates, LLC, a Virginia limited liability company By: (SEAL) Fr erick J.Napolitano,Operating Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: e� ' The foregoing instrument was acknowledged before me this aim day of February,2021, by Frederick J. Napolitano, Operating Manager of Pembroke Square Associates, LLC, a Virginia limited liability company, Grantor. AMArlt, h/k/f/Att Notary Public My Commission Expires: `� ' '' ' 1 SHARON MARIE FADNESS ► Notary Public Notary Registration Number: I g 41653 Commonwealth of Virginia Registration#194633 I My Comm.Expires Feb.29,2024 5 EXHIBIT "A" "PARCEL 2-D" ALL THAT certain lot,piece or parcel of land known as Parcel 2-D shown on that certain plat entitled "Subdivision of Parcel '2-B' Plat of Property for Pembroke Square Shopping Center, in the City of Virginia Beach, Virginia", dated March 18, 2011, prepared by NDI, L.L.C., recorded as Instrument Number 20111017001064270 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. PORTION OF PARCEL 2-D TO BE CONDITIONALLY REZONED That certain northernmost portion of Parcel 2-D located in the City of Virginia Beach, Virginia (Instrument Number 2011017001064270) containing 10.06 acres which is more particularly described as follows: Beginning at a point whose Northing is 3477140.624 and whose Easting is 12175462.748; thence bearing S 27-41-39.000 E a distance of 2.10; thence bearing N 62-18-21.000 E a distance of 2.34; thence along a curve to the RIGHT,having a radius of 15.00 a delta angle of 90°00' 00",and whose long chord bears S 72-41-39.000 E a distance of 21.21;thence bearing S 27.-41-39.000 E a distance of 2.91; thence bearing N 62-18-21.000 E a distance of 2.10; thence bearing S 27-41-39.000 E a distance of 846.30; thence along a curve to the RIGHT,having a radius of 1060.00 a delta angle of 19°28' 59",and whose long chord bears S 17.-57-09 E a distance of 358.71;thence bearing N 69-9- 43.937 W a distance of 260.23;thence bearing S 86-38-0.576 W a distance of 218.75;thence bearing S 89-52-35.938 W a distance of 614.33; thence bearing N 0-26-39.000 W a distance of 253.06; thence bearing N 89-33-21.000 E a distance of 222.62;thence bearing S 0-26-39.000 E a distance of 100.82; thence bearing N 89-33-21.000 E a distance of 47.69; thence bearing S 0-26-39.000 E a distance of 34.01; thence bearing N 89-34-10.000 E a distance of 358.79; thence bearing N 0-26- 21.000 W a distance of 480.32;thence bearing S 89-33-21.000 W a distance of 69.96;thence bearing S 0-26-47.000 E a distance of 27.91;thence bearing S 89-33-21.000 W a distance of 218.67;thence bearing N 0-26-40.000 W a distance of 300.05;thence bearing N 62-18-21.000 E a distance of 21.60; thence bearing N 27-41-39.000 W a distance of 32.33;thence bearing N 62-18-21.000 E a distance of 234.53;to the Point of Beginning. Part of GPIN: 1477-56-2034-0000 H:\AM\Conditional Rezoning\Pembroke Square Associates\Proffer Agreement final 2-02-2021.docx 6 53 ITEM—VII-J.5 PLANNING ITEM#71787 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of PEMBROKE SQUARE ASSOCIATES, LLC for a Conditional Use Permit re housing for seniors at the Southwest corner of Jeanne Street and Constitution Drive DISTRICT 4—BAYSIDE PEMBROKE SQUARE ASSOCIATES, LLC for a Conditional Use Permit re housing for seniors at the Southwest corner of Jeanne Street and Constitution Drive (GPIN portion of 1477-56-2034) DISTRICT 4 — BAYSIDE The following conditions shall be required: 1. The site shall be developed in substantial conformance with the submitted site layout plan entitled "Pembroke Senior Living prepared for Pembroke Square Associates,"prepared by Kimley Horn and dated January 26, 2021, which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The building shall be constructed in substantial conformance with the submitted elevations entitled "Pembroke Senior Living — Elevations," dated January 22, 2021, prepared by Kahler Slater, which have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 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 6th day of July Two Thousand Twenty One. Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss July 6, 2021 o'� ` o 9' ., B 2 ' C �A 1'2v�'A 2 0`R7V5 vo V w Q�` ; II '�Ri\5) % 14,1U :oI 1 f o� D.°� p �� ' y '0' � If' 0o R7,.5 o Q R20 i tie a_ ' °a R?(5 R7.°5 o a R7 o5\q ° � • `,_6 0,-0 QCf J Pen, 0 d oa o� Q R-7. � a<oo •oR75d a �Qlp as �R�7.5! ' �R7 5 dQ°� p � �� \©�oQcm �a n�_g�; 0 c �.,�_v oo ;oo� -oN, 4,d c., fl �0000' ' ?tee' a '2, ��Q zoR75°ad o P � B3' � ❑ fl a S ✓ 02 a ��mu o a fll o o i Se'..- /B=3 Corporation-Lane LR�7 5 . 0 l / o 1 ,.t 151 �`'� ,\ B3 , 02 A11�8 B3 B3 V .�-Br-oad-Street 7 0 - _1.1 B3 __rill L l V� r— CBC L CB I' CIIBC - , iz` ", L. f N Pembroke Square Associates, LLC w no;E = site Southwest corner of Jeanne Street and s I Property Polygons Constitution Drive nZoning Feet Building 0 80160 320 480 640 800 960 54 ITEM—VII-J.6 PLANNING ITEM#71788 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of COMMONWEALTH AUTO GROUP,INC. & WWMD PROPERTIES,LP for a Conditional Use Permit re motor vehicle sales& rentals at 4873 Haygood Road DISTRICT 4—BAYSIDE COMMONWEALTH AUTO GROUP,INC. & WWMD PROPERTIES, LP for a Conditional Use Permit re motor vehicle sales& rentals at 4873 Haygood Road(GPIN 1478142890)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. When the property is redeveloped, it shall be in substantial conformance with the concept plan entitled "SITE PLAN, 4873 HAYGOOD ROAD, VIRGINIA BEACH, VA 23455, USA", dated June 14, 2021 and prepared by J.C. PAZ, DOXA, Inc., 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 building shall substantially adhere in appearance, size, color, and materials to the submitted elevations entitled `BUILDING ELEVATION, 4873 HAYGOOD ROAD, VIRGINIA BEACH, VA 23455, USA", dated May 22, 2021 and prepared by J.C. PAZ, DOXA, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. All the curbing, bollards, and surfaces on the site where the painting is chipping or in obvious despair shall be repainted and maintained while the use is active. 4. The total number of vehicles displayed for sale shall be limited to thirty-eight(38)vehicles and no vehicles for sale shall be available behind the building in the "Vehicle Prep Area" as denoted on the plan. 5. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Landscaping Plan shall address all requirements of the Landscaping Guide including, but not limited to, the installation of street frontage plantings, building foundation plantings, and interior display plantings, and as identified on the Landscape Plan. All landscaping shall be maintained on-site in accordance with the approved Landscape Plan including the landscaping located within the right-of-way. 6. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. July 6, 2021 55 ITEM—VII-J.6 PLANNING ITEM#71788 (Continued) 7. The freestanding sign to remain on site shall be repainted to match the color of the building, as depicted in the rendering on page 9 of this report. 8. The canopy structure on the site shall be removed prior to operation of the Motor Vehicles Sales and Rentals establishment. 9. The vehicle prep area shown on the concept plan, identified in Condition 1, shall not be used to display vehicles for sale at any time. 10. All vehicles for sale shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 1 above. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 11. Prior to operation of the Motor Vehicles Sales and Rentals establishment, the areas of the parking lot identified on the plan referenced in Condition 1 above shall be repaved and the entire parking lot shall be restriped to reflect all parking spaces required by the Zoning Ordinance, including handicap spaces in accordance with the Americans with Disabilities Act(ADA). 12. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 13. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 14. There shall be no auto repair or service on the site. 15. There shall be no outside audio speakers for any purpose. 16. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted,pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 17. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. July 6, 2021 56 ITEM—VII-J.6 PLANNING ITEM#71788 (Continued) 18. All outdoor lights shall be shielded to direct light and glare onto the premises,said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. 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 6`" day of July Two Thousand Twenty One. Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss July 6, 2021 j VO-t c \ - < .Q a O-�R77\5 /d�OR7 5 off , \ R 5 p © dL°a p \ \ 0 ��6 C,�, �: v - oo � O t 0 O � O a,�� Q '� �.d p ��0 • i�1 =' 0 Q\po .0 V IQ QQ ♦ c ° p0 �a�eo 0°° 0 �o. Q ° �,q o `9�\ o\oo��o, sr °o � ` f. ,� OGO • n o 00 ' p�R7.5� o d [� IL \ -:, l'' \ �� B2;,/f 0 trtl o\sti9� ,� � °p Oad B>2 0 Vie- \p\o O i �° O' 6, 0 d � B2 \ .\6pO oa O < O O\ 9°�O 0 vet `�R7o'Y e O-o, a`! ° ° C�i�e - ,O 0\Q edJLam \ ♦. ,i o opQ G�tc 40 0 ,pO p0o, . p O e co ♦ V o0 0� p �'` p r��e O. p �0 0 � a9 ,o� � � ., Ordy 4_; ° o - �� `'5\ r °off --00 � Q''ea5�,•a•'�e" , �p (Q ° °moo p�� 4 cY'' ` O O ,ASS' O ",C O \ do� 0,3 O e 7°5 op0 e� a �`' � �Q'd��0.0 St�pJ' Oe ��a\ 02R7.50 co �,�� O to Qo . S)/EnQ .-6 O Ft° K-R7 a5 \ >o' O p O''e �'( 92) R7. °OR7 �. 5 o p 0 .�.,0� o/vQ�� R' 5 C. N Commonwealth Auto Group, Inc. W.`''JE ,0,, Site 4873 Haygood Road s r--- Property Polygons =Zoning Feet Building 0 50100 200 300 400 500 600 57 ITEM—VII-J.7 PLANNING ITEM#71789 The following registered to speak: Traci McGlynn, Applicant, 523 201/2 Street, Phone: 581-2966, spoke in SUPPORT Sarah Welch, 522 201/2 Street, Phone: 704-609-1590, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Charles Petty, 516 20`h Street, Phone: 804-338-1069, spoke in OPPOSITION After City Council discussion, Council Member Tower to APPROVE Application of TRACI R. & MICHAEL MCGLYNN for a Modification of Conditions to a Special Exception to the Form Based Code and a Conditional Use Permit re short term rental at 523 20`h h Street DISTRICT 6—BEACH As there was no second, the motion FAILED Upon motion by Council Member Moss, seconded by Council Member Henley, City Council DENIED Application of TRACI R. & MICHAEL MCGLYNN for a Modification of Conditions to a Special Exception to the Form Based Code and a Conditional Use Permit re short term rental at 523 20`h %Street DISTRICT 6—BEACH Voting: 5-4 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss and Sabrina D. Wooten Council Members Voting Nay: Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Michael F. Berlucchi July 6, 2021 58 ITEM—VII-J.8 PLANNING ITEM#71790 The following registered to speak: John Lamb, Applicant, 4615 Oceanview Avenue, Phone: 810-772-0101, spoke in SUPPORT Daniel Blevins, 4622 Lauderdale Avenue, Phone: 449-3963, spoke in OPPOSITION Darryl Stubbs, 4624 Lauderdale Avenue, Phone: 761-5067, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Joseph Lust, 4428 Lee Avenue, spoke in OPPOSITION Joe Overfelt, 4425 Lee Avenue, Phone: 460-0246, spoke in OPPOSITION Forrest Hickman, 4464 Lauderdale Avenue, Phone: 464-4989, spoke in SUPPORT Caroline Gingerich, 4614 Oceanview Avenue, Phone: 692-0007, spoke in OPPOSITION Brian Camden, 4609 Oceanview Avenue, Phone: 567-8865, spoke in OPPOSITION Joe Auzenne, 4622 Ocean View Avenue, 581-2204, spoke in OPPOSITION Lisa Turner, 4451 Gulls Quay, Phone:202-816-0986, spoke in OPPOSITION Upon motion by Council Member Jones, seconded by Council Member Moss, City Council DENIED Application of LINDA M. LAMB LIVING TRUST for a Conditional Use Permit re short term rental at 4615 Oceana View Avenue DISTRICT 4—BAYSIDE Voting: 8-1 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi July 6, 2021 59 ITEM—VII-J.9 PLANNING ITEM#71791 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of KRISTA L. WOODLOCK for a Conditional Use Permit re short term rental at 3709 Rockbridge Road DISTRICT 4—BAYSIDE KRISTA L. WOODLOCK for a Conditional Use Permit re short term rental at 3709 Rockbridge Road(GPIN 14894867443709)DISTRICT 4— BAYSIDE The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 3709 Rockbridge Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum eight(8)foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. July 6, 2021 60 ITEM—VII-J.9 PLANNING ITEM#71791 (Continued) a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1- Million. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. July 6, 2021 61 ITEM—VII-J.9 PLANNING ITEM#71791 (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 6`" day of July Two Thousand Twenty One. Voting: 7-1 Council Members Voting Aye: Mayor Robert M. Dyer,Louis R.Jones,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: Michael F. Berlucchi John D. Moss July 6, 2021 �2 , B2 B4 Shore_Dr_i/e____ ---- Shor-e=Drive— v Shore Drive Shore Drive - - = B e��e t3 j off/ ' �c' B 2 �/ �B2 (2'�P� p /� 1 �B2 0 /dheAitv �o 4.bo R5D '<a%� 108. Q� ,E02 i B4 rj o R5 D, o�� ijii R5D / 0 � �� Q �/, �. �; �, Op- o (./\ R5D ht:, J�Q � D U e - O Dupont Circle �4Pn S-~dt g0300 % OrAl fora, R5D 6 1,R5 D o RoaLI o --__1 c �, . °O 0 Krista L. Woodlock W fAh- E ®Site 3709 Rockbridge Road v�y Property Polygons Zoning Feet Building 0 2040 80 120 160 200 240 62 ITEM—VII-J.10 PLANNING ITEM#71 792 The following registered to speak: Stephanie Harris, Applicant, 124 West View Drive, Hampton, Phone: 848-7291, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Jones, seconded by Council Member Moss, City Council DENIED Application of STANDARD COMMUNITY, LLC for a Conditional Use Permit re short term rental at 427 Peregrine Street DISTRICT 4—BAYSIDE Voting: 8-1 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi July 6, 2021 63 ITEM—VH-111 PLANNING ITEM#71 793 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of WILLIAM GEORGHIOUfor a Conditional Use Permit re short term rental at 3608 East Stratford Road DISTRICT 4—BAYSIDE WILLIAM GEORGHIOU for a Conditional Use Permit re short term rental at 3608 East Strafford Road (GPIN 1489584711) DISTRICT 4 — BAYSIDE The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 3608 East Stratford Road, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a'through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. July 6, 2021 64 ITEM—VII-J.11 PLANNING ITEM#71793 (Continued) a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form;and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1- Million. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. July 6, 2021 65 ITEM—VII-J.11 PLANNING ITEM#71793 (Continued) This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 6th day of July Two Thousand Twenty One. Voting: 7-1 Council Members Voting Aye: Mayor Robert M.Dyer, Louis R.Jones,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: Michael F. Berlucchi John D. Moss July 6, 2021 - _- __-Shor-e-Drive B2 I / / i B4 iI o ! c.--,_ o I B4 NIC V<, [zili I ', I c ,',\DN 2i MontC� °r le�/ Aill � p ed �� , ' 9&ki , 4,. �R5 D i A/%•40. /7:1411t-,41P<iy. � R, /, -4ci, 5D o ! \sflo / in R5D \q► / fa\ /R5D o. N William Georghiou w• NL4 E ® Site 3608 E. Stratford Road s Property Polygons 1-7Zoning Feet Building 0 1530 60 90 120 150 180 66 ITEM—VII-J.12 PLANNING ITEM#71794 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of ANDREW BROYLES for a Conditional Use Permit re short term rental at 3604 East Stratford Road DISTRICT 4—BAYSIDE ANDREW BROYLES for a Conditional Use Permit re short term rental at 3604 East Stratford Road(GPIN 1489583787)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 3604 East Stratford Road, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1- Million. July 6, 2021 67 ITEM—VII-J.12 PLANNING ITEM#71794 (Continued) 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at $1-Million underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. 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 6111 day of July Two Thousand Twenty One. July 6, 2021 68 ITEM—VII-J.12 PLANNING ITEM#71794 (Continued) Voting: 7-1 Council Members Voting Aye: Mayor Robert M.Dyer, Louis R.Jones,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: Michael F. Berlucchi John D. Moss July 6, 2021 :,I oDrive _ 4ShDrive=�/0c i—z zil ,i —Sho e-Drive r C— Li,, ---i—;:— 62 z°p B4 i o I ij 4- B4 % R5 D _ :—fie�� / ont Ciro -�• -.. / edrn % p� ,ciN, , 0- -___ Co /0 R5D \ a§D < , \ --- ,,, . \/‘111' / / /- 115' ..\ N Andrew Broyles Wgr4-0„E = Site 3604 E. Stratford Road s 1 Property Polygons _ Zoning Feet Building 0 1530 60 90 120 150 180 69 ITEM—VII-J.13 PLANNING ITEM#71 795 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of KIM DAVENPORT for a Conditional Use Permit re short term rental at 8809 Atlantic Avenue, Units A&B DISTRICT 5—LYNNHAVEN(Deferred from June 1, 2021) KIM DAVENPORT for a Conditional Use Permit re short term rental at 8809 Atlantic Avenue, Units A & B (GPIN 25105128360000)DISTRICT 5—LYNNHAVEN(Deferred from June 1, 2021) The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 8809 Atlantic Avenue, Units A & B, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As illustrated in the "Site Layout and Parking Plan" section of the Staff report, an entryway driveway apron meeting the minimum Public Works Specifications and Standards shall be added within 90-days of City Council's approval of this request. All applicable building permits shall be obtained by the Permits and Inspections Division of the Department of Planning and Community Development prior to placement. 4. An on-site parking area shall be added as illustrated in the parking plan found in the Staff report. The proposed surface material type shall be concrete pavers, or a substitute material approved by the Zoning Administrator. The driveway addition shall be placed within ninety (90) days of City Council approval. In addition, a building permit issued by the Permits and Inspections Division of the Planning Department shall be obtained prior to the installation of the driveway addition. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). July 6, 2021 70 ITEM—VH-113 PLANNING ITEM#71 795 (Continued) 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1- Million. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:OOp.m. or before 10:00 a.m. July 6, 2021 71 ITEM—VII-J.1 3 PLANNING ITEM#71 795 (Continued) 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 6th day of July Two Thousand Twenty One. Voting: 7-1 Council Members Voting Aye: Mayor Robert M. Dyer,Louis R.Jones,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: Michael F. Berlucchi John D. Moss July 6, 2021 "iir.\ 12 // —r�, -et co , he \ R5 R(NE)a9t feet' '� stir st ,�o'- R5R(NE)/ 1 � T. Ft `', RaR 4.E� `fie, d Cl)....---- 7.4. ../..driU:kr----1 ' • ,--- ili \ -:3, \ 45, CD cc R5R(N-E) ' 1 _ Z' R5R(N - \ co \ .E) `� StC e , ____\'---\ a$th \ 0 \\ R5 (NE) N E7 Site Kim Davenport w,.A&E Property Polygons 8809 Atlantic Avenue, Units A & B s 1-7 Zoning Building Feet Parking Lot Drive Aisle 0 15 30 60 90 120 150 180 72 ITEM—VII-J.14 PLANNING ITEM#71796 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, AS CONDITIONED, BY CONSENT,Application of DAN& SARA BAILEY for a Conditional Use Permit re short term rental at 103 57th Street, Unit A DISTRICT 5—LYNNHAVEN DAN&SARA BAILEY for a Conditional Use Permit re short term rental at 103 57`h Street, Unit A (GPIN 24198131000001) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 103 57`h Street, Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form;and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1- Million. July 6, 2021 73 ITEM—VII-J.14 PLANNING ITEM#71796 (Continued) 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. 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 61" day of July Two Thousand Twenty One. July 6, 2021 74 ITEM—VII-J.14 PLANNING ITEM#71796 (Continued) Voting: 7-1 Council Members Voting Aye: Mayor Robert M. Dyer, Louis R.Jones,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: Michael F. Berlucchi John D. Moss July 6, 2021 RdR(NE) _____,....-:-:airtv -<, \ R*(NS)---- R5R 5 \ __ ,:______-\ \ '-' . \ \ . R5R(NE) o o ,, s\ ' \ \ 51Y-Cl° ws CH1- 0 0 / 0 cr-\) R5R(NE) \ ?..\--,--- 0 R5'R(`NE) (� 0 \ \, t c6 U 0 ' ., ,,_:c., `, th Street ,\ \ t 5/ , R5R(NE) c9 �;� H1 _i ,R5R(N,E) N Dan & Sara Bailey WLlj,E ®Site 103 57th Street, Unit A s s Property Polygons Zoning Feet Building 0 1530 60 90 120 150 180 75 ITEM—VII-J.15 PLANNING ITEM#71797 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of TODD E. SWEIGART for a Conditional Use Permit re short term rental at 50719`h Street DISTRICT 6—BEACH TODD E.SWEIGART for a Conditional Use Permit re short term rental at 50719`h Street(GPIN 24270705750000)DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 50719`h Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1- Million. July 6, 2021 76 ITEM—VII-J.15 PLANNING ITEM#71797 (Continued) 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. 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 61" day of July Two Thousand Twenty One. July 6, 2021 77 ITEM—VII-J.15 PLANNING ITEM#71797 (Continued) Voting: 7-1 Council Members Voting Aye: Mayor Robert M. Dyer, Louis R.Jones,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: Michael F. Berlucchi John D. Moss July 6, 2021 li gwrx OR , Street `.1 ,. .0, OR jO �� .. , Ito I'llti Ill l'il \ co n 0\ I k - I 7 - r� ,...." 4 OR V' \:; o 0-0\ k ; \C \- ; Q. \ /, CD of CD ` \ \---\O"R4,.„ Street Q • gth O R � . eet , , \ 37 \ , .0`- gth Str i OR Street.....,\ a \:-:j,_ %• • i li �, et _ -,, ________ , 12,\\WOO \\\\ OR 19th Stye _ I OR\ t OR 0. OR ® N ® site Todd E. Sweigart W�,�E Property Polygons 507 19th Street `S, JZoning Building Feet Parking Lot Drive Aisle 0 2040 80 120 160 200 240 78 ITEM—VII-J.16 PLANNING ITEM#71798 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application ofSPIVAK FAMILY TRUST for a Conditional Use Permit re short term rental at 229 16th Street DISTRICT 6—BEACH SPIVAK FAMILY TRUST for a Conditional Use Permit re short term rental at 229 16th Street(GPIN 24271678310229)DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 229 16th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. A third(3rd)parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. July 6, 2021 79 ITEM—VII-116 PLANNING ITEM#71 798 (Continued) 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1- Million. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10.•00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. July 6, 2021 80 ITEM—VII-J.16 PLANNING ITEM#71798 (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 6`h day of July Two Thousand Twenty One. Voting: 7-1 Council Members Voting Aye: Mayor Robert M. Dyer, Louis R.Jones,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: Michael F. Berlucchi John D. Moss July 6, 2021 OR t ` ��" OR_ elStree 1ii Yard ��_ � � oule Virginia gea �� OR ,a 0G kilo__ /11 Ill foffyi' c \\\ 134: ' / 7 \_ c.. ii OR--- CD c. doiig / `� 'ot_h Strom. 111 6th\73 ' \ ______. _ , __-. A str Street /�.� 0�' y f' i', = ,�gthStreet �� ' OR __ .-n-s- ) OR� .37 OR C. OR - CD a li - P7 Site Spivak Family Trust WE UV Property Polygons 229 16th Street s nZoning Building Feet jL Parking Lot Drive Aisle 0 20 40 80 120 160 200 240 81 ITEM—VH-J.17 PLANNING ITEM#71799 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of HEATHER SHIMP for a Conditional Use Permit re short term rental at 304 28th Street, Unit 307 DISTRICT 6—BEACH HEATHER SHIMP for a Conditional Use Permit re short term rental at 304 28`"Street, Unit 307(GPIN 24280028663007)DISTRICT 6—BEACH The following conditions shall be required: 1. The following shall only apply to the dwelling unit addressed as 304 28`" Street Unit 207, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at$1-Million. July 6, 2021 82 ITEM—VII-J.1 7 PLANNING ITEM#71 799 (Continued) 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 27 and 31-28(solid waste collection), 12-5 (res on the beach), 12-43.2(fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one (1),four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. 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 61h day of July Two Thousand Twenty One. July 6, 2021 83 ITEM—VII-J.17 PLANNING ITEM#71799 (Continued) Voting: 7-1 Council Members Voting Aye: Mayor Robert M.Dyer, Louis R.Jones,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: Michael F. Berlucchi John D. Moss July 6, 2021 . . pp , OR , OR D �`— OR �,, o Street Vito, C ',\ ,, ,„, c%' 0 --r ao a cc treet�r' n OR \ _(:--------r. ,,.:....A: ';',!oe ..../OR ;, ;r OR ��{ Street \Ai--ll-_3--3' -l7-,„),\__ . 12 r Street Z7thNa o,, A36 0 6 ` R3S ° i reef 21th Stt OR 7tb St 2 Q O R c� P1 0 0 1-22s.10 OR R=5S ,Al 2 OR O site Heather Shimp .r1�.E Property Polygons 304 28th Street Unit 207 LV • nZoning Building Feet Parking Lot Drive Aisle 0 25 50 100 150 200 250 300 84 ITEM—VII-118 PLANNING ITEM#71800 The following registered to speak: John Mapier, Attorney for Applicant, 318 Village Drive, Suite J, Phone: 351-1510, spoke in SUPPORT Suzanne Oleszko, Applicant, 312 Arctic Avenue, Phone: 718-5597, spoke in SUPPORT Larry Oleszko Applicant, 312 Arctic Avenue, Phone: 235-9288, spoke in SUPPORT Page Miyares, 1724 Jermyn Lane, Phone: 201-2888, spoke in SUPPORT Brandon Beavers, 415 16th Street, Phone: 288-8282, spoke in SUPPORT Albert Gander, 1500 Arctic Avenue, Phone: 513-550-0501, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Helko Pinkawa, 328 Arctic Crescent, Phone: 646-0823, spoke in OPPOSITION Craig Blessing, 332 Arctic Crescent, Phone: 439-5500, spoke in OPPOSITION Upon motion by Vice Mayor Wood,seconded by Council Member Moss, City Council DENIED Application of SUZANNE OLESZKO for a Conditional Use Permit re short term rental at 312 Arctic Crescent DISTRICT 6—BEACH Voting: 6-3 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse and Guy K. Tower Council Members Voting Nay: Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi July 6, 2021 85 ITEM—VII-J.19 PLANNING ITEM#71801 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of CATHERINE PATTERSON DENTON& THE PINK CABANA, LLC Conditional Use Permit re short term rental at 1316 Cypress Avenue DISTRICT 6 — BEACH CATHERINE PATTERSON DENTON& THE PINK CABANA, LLC Conditional Use Permit re short term rental at 1316 Cypress Avenue (GPIN 24179554830000)DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 1316 Cypress Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. When parking option "Plan B,"as illustrated in the Site Layout&Parking Plan section of this Staff report, is utilized for Short-Term Rental purposes, the garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum eight (8)foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit(s)through the Residential Parking Permit Program(RPPP)shall be limited to two(2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. July 6, 2021 86 ITEM—VII--J.19 PLANNING ITEM#71801 (Continued) 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notes the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form;and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1- Million. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. July 6, 2021 87 ITEM—VII-J.19 PLANNING ITEM#71801 (Continued) This Ordinance shall be effective in accordance with Section 107(9 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 6th day of July Two Thousand Twenty One. Voting: 6-1 Council Members Voting Aye: Mayor Robert M. Dyer, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Abstaining: Guy K. Tower Council Members Absent: Michael F. Berlucchi John D. Moss July 6, 2021 C: ' 0 ' , \ ili, . R5D I \i ____-- R 5 D n* \ ,40Sheet I 1 i' . \ . , \----\ 0 14th gtr0 0 eet V7 *R5D n' o /%/ •c 1 \ c:-_: ,., \,,\ fi 1\ 0 \ Til ,L---1 R5 D liV31111 ,,, , 1 \ , A36 Ili5D _--\' co 1 c0 \ .---\-- c:3\ c::\ ( , 00 \, \ _ seat 1h ,tr i 1 \ tiiI' \ \ - �13 - R5D N Catherine Patterson Denton W!'IN E V 1J ® site 1316 Cypress Avenue s Property Polygons =Zoning Feet Building 0 1530 60 90 120 150 180 G1141A•BEAC t:::! r'-::-.''''''- -Ace'.._r- 1, City of Vi1 iriia. Beach r 0�99 �G ¢ 0 9 Op OUR NA110� VBgov.com GUY K.TOWER CELL:(757)439-4801 COUNCIL MEMBER EMAIL:gtower@vbgov.com DISTRICT 6-BEACH In Reply Refer to 0071748 July 6, 2021 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Letter Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's consideration and vote on the application of Catherine Patterson Denton and The Pink Cabana, LLC for a conditional use permit for a short term rental at 1316 Cypress Avenue. 2. Mrs. Denton is my daughter-in-law. 3. Although the City Attorney's Office advised me that the Act provides that I do not have a conflict with respect to this transaction, I will abstain from participating in the Council's vote on this application. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, 697' -•/' / -----:-----7--- ____ , Guy K. Tower Councilmember GKT/RRI 211 43rd STREET.VIRGINIA BEACH.VA 23451 88 ITEM—VII-J.20 PLANNING ITEM#71802 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ALLOWED WITHDRAWAL, BY CONSENT,Application of ANDREW LIN for a Conditional Use Permit re short term rental at 4441 Ocean View Avenue, Unit B DISTRICT 4—BAYSIDE Voting: 8-0 Council Members Voting Aye: Mayor Robert M. Dyer, 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 Absent: Michael F. Berlucchi John D. Moss July 6, 2021 89 ITEM-VII-J.21 PLANNING ITEM#71803 The following registered to speak: Page Miyares, Virginia Beach Property Right Coalition, spoke in OPPOSITION Lee Atkins, 2201 Tanglewood Trail, Phone: 618-2200, did not respond Arica Atkins, 2201 Tanglewood Trail, Phone: 618-2200, did not respond Douglas Rudley, 6602B Oceanfront Avenue, spoke in OPPOSITION to STRs in North End Elaine Fekete- Virginia Beach Short Term Rental Alliance Group, 3012 Sand Bend Road, Phone: 435-6965, spoke in OPPOSITION to STR Ordinances Janet Marino, 951 Maryland Avenue, Phone: 377-4250, did not respond Betty Russo, 213 55`"Street, Phone: 478-0095, did not respond Andrew Cohen, 7810 Oceanfront Avenue, Phone: 703-855-2184, spoke in OPPOSITION to STRs in North End Joseph Baumer, 213B 76th Street, Phone: 395-0845, spoke in OPPOSITION to STRs in North End Whitney Harding, 6406 Oceanfront Avenue, Phone: 813-335-2715, spoke in OPPOSITION Jeff Stredler, 209 65`"Street, Phone: 675-0032, spoke in OPPOSITION to STRs in North End Kim Davenport, 8809 Atlantic Avenue, Phone: 703-402-4561, did not respond Kendall Maynard, 108 45`"Street, Phone: 705-0574, spoke in OPPOSITION to overlay districts Donald Cutchin, 108 45`"Street, Phone: 804-432-6543, spoke in OPPOSITION to overlay districts Brandon Beavers, 41516`"Street, Phone: 288-8282, spoke in OPPOSITION to overlay districts Denis Wance, 220 77`"Street, Phone: 615-7866, spoke in OPPOSITION to STRs in North End Sue Bowser, 223 77`"Street, Phone: 450-0529, spoke in OPPOSITION to STRs in North End Joan Davis, 2216 Sand Fiddler Road, Phone: 717-2304, spoke in OPPOSITION to overlay districts Gayle Johnson, 8304 Ocean Front Avenue, did not respond David Jester, 200 63rd Street, Phone: 435-3581, spoke in OPPOSITION to STRs in North End Lynn Hume, 2036 Hackberry Road, Phone: 621-4370, spoke in OPPOSITION to overlay districts Jonathan Moore, 203A 87th Street, Phone: 703-408-8734, spoke in OPPOSITION to STRs in North End John Lamb, 4615 Oceanview Avenue, 810-772-0101, spoke in OPPOSITION to STR Ordinances Randy Tabor, 2940 Adam Keeling Road, Phone: 581-1282, spoke in OPPOSITION to STR Ordinances Diane Washchler, 6705 Atlantic Avenue, Phone: 804-943-5300, spoke in OPPOSITION to STRs Ginger Capps, 316 16th Street, Phone: 286-0868, spoke in OPPOSITION to OR overlay district Robert Fatovic, 404 33 '/z Street, Phone: 703-582-2835, spoke in OPPOSITION to STR Ordinances Todd Solomon, 2260 First Landing Lane, expressed appreciation to City Council for not including Shore Drive in overlay district Nancy Parker, 273 23rd Street, Phone: 657-4848, spoke in SUPPORT of STR Ordinances Craig Blessings, 332 Arctic Crescent, Phone: 439-5500, did not respond Frank Fabian, North End Civic League, 211A 83rd Street, Phone: 304-206-1261, spoke in OPPOSITION to STRs in North End Scott Oates, 3105 Blair Circle, Phone: 639-4134, did not respond Pat McLean, 215 65`"Street, Phone: 287-4067, spoke in OPPOSITION to STRs in North End Michael Mclean, 215 65`"Street, Phone:287-4069, spoke in OPPOSITION to STRs in North End Lion Mclean, 215 65`"Street, Phone: 858-668-6213, spoke in OPPOSITION to STRs in North End John Dunn, 2309 Broad Bay Road, Phone: 739-5431, spoke in OPPOSITION to STR Ordinances July 6, 2021 90 ITEM—VII-J.21 PLANNING ITEM#71803 (Continued) The following registered to speak: Forrest Hickman, 2721 Canal Road, Phone: 412-8607, spoke in OPPOSITION to STR Ordinances Barbara Messner, P. O. Box 514, spoke in OPPOSITION to STRs Melissa Pulling, 4645 Lookout Road, spoke in SUPPORT of STR's in Kempsville District Martha Clements, 5202 Atlantic Avenue, Phone:804-943-3799, spoke in OPPOSITION to STRs in North End Morgan Brooke-Devlin,217 88`h Street, Phone: 703-597-6667, spoke in OPPOSITION to STRs in North End After City Council discussion of the Planning Commission Version and City Council Alternatives, City Council, BY CONSENSUS, chose to consider the City Council Alternatives thereby denying the Planning Commission version. Ordinances re Short Term Rentals: PLANNING COMMISSION RECOMMENDATIONS/VERSIONS 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 c. AMEND Sections 401, 501, 601, 901, 1110, 1125, 1501, 1521, 1531 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 d. AMEND Section 241.2 of the CZO re Short Term Rentals and ESTABLISH additional safety requirements e. ADD Article 23, and ESTABLISH Consisting of Sections 2300 - 2303, (Short Term Rental Overlay Districts) to the CZO, regulations and requirements re Short Term Rentals in each Overlay District f ESTABLISH Transition 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) July 6, 2021 91 ITEM—VII-J.21 PLANNING ITEM#71803 (Continued) Vice Mayor Wood made a motion to APPROVE Application of CITY OF VIRGINIA BEACH — Ordinances re Short Term Rentals: CITY COUNCIL ALTERNATIVES a. AMEND City Zoning Ordinance (CZO) Section 102 re ESTABLISH Short Term Rental Overlay Districts - North End and Oceanfront Resort (Requested by Vice Mayor Wood and Council Member Tower) b. AMEND the Official Zoning Map by the Designation and incorporation of property into Short Term Rental Overlay Districts- North End and Oceanfront Resort District (Requested by Vice Mayor Wood and Council Member Tower) c. AMEND Sections 401, 501, 601, 901, 1110, 1125, 1501, 1521, 1531 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 (Requested by Vice Mayor Wood and Council Member Tower) d. AMEND Section 241.2 of the CZO re Short Term Rentals and ESTABLISH additional safety requirements (Requested by Vice Mayor Wood and Council Member Tower) e. ADD Article 23, and ESTABLISH Consisting of Sections 2300-2303, (Short Term Rental Overlay Districts)to the CZO regulations and requirements re Short Term Rentals in Each Overlay District (Requested by Vice Mayor Wood and Council Members Tower and Wilson) f ESTABLISH Transition Rules for the review of Conditional Use Permits re Short Term Rentals (Requested by Vice Mayor Wood and Council Member Jones) July 6, 2021 92 ITEM—VII-J.21 PLANNING ITEM#71803 (Continued) Council Member Moss then made an Incidental motion, seconded by Council Member Rouse, to DIVIDE THE QUESTION and vote on each City Council Alternative Ordinance separately. Voting on Division of the Question: 4-5 (MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Barbara M. Henley, Louis R.Jones,John D. Moss and Aaron R. Rouse Council Members Voting Nay: Mayor Robert M. Dyer, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi July 6, 2021 93 ITEM—VII-J.21 PLANNING ITEM#71803 (Continued) After further City Council Discussion, Council Member Tower made an Incidental motion, seconded by Council Member Moss, to DIVIDE THE QUESTION and vote on each City Council Alternative Ordinances re Short Term Rentals separately. CITY COUNCIL ALTERNATIVES a. AMEND City Zoning Ordinance (CZO) Section 102 re ESTABLISH Short Term Rental Overlay Districts - North End and Oceanfront Resort (Requested by Vice Mayor Wood and Council Member Tower) b. AMEND the Official Zoning Map by the Designation and incorporation of property into Short Term Rental Overlay Districts-North End and Oceanfront Resort District (Requested by Vice Mayor Wood and Council Member Tower) c. AMEND Sections 401, 501, 601, 901, 1110, 1125, 1501, 1521, 1531 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 (Requested by Vice Mayor Wood and Council Member Tower) d. AMEND Section 241.2 of the CZO re Short Term Rentals and ESTABLISH additional safety requirements(Requested by Vice Mayor Wood and Council Member Tower) e. ADD Article 23, and ESTABLISH Consisting of Sections 2300 - 2303, (Short Term Rental Overlay Districts) to the CZO regulations and requirements re Short Term Rentals in Each Overlay District (Requested by Vice Mayor Wood and Council Members Tower and Wilson) f ESTABLISH Transition Rules for the review of Conditional Use Permits re Short Term Rentals (Requested by Vice Mayor Wood and Council Member Jones) Voting on Division of the Question: 5-4 (CITY COUNCIL ALTERNATIVES A-F WILL BE CONSIDERED SEPARATELY) Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones,John D. Moss and Guy K. Tower Council Members Voting Nay: Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi July 6, 2021 94 ITEM—VII-J.21a PLANNING ITEM#71803 (Continued) Council Member Moss made a motion, seconded by Council Member Wilson, to AMEND City Council Alternative a., to remove the North End Overlay District. CITY COUNCIL ALTERNATIVES a. AMEND City Zoning Ordinance (CZO) Section 102 re ESTABLISH Short Term Rental Overlay Districts - North End and Oceanfront Resort (Requested by Vice Mayor Wood and Council Member Tower) Voting: 3-6 (MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Louis R. Jones,John D. Moss and Guy K. Tower Council Members Voting Nay: Mayor Robert M.Dyer,Barbara M. Henley,Aaron R.Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi July 6, 2021 95 ITEM—VII-J.21 a PLANNING ITEM#71803 (Continued) Council Member Rouse then made a motion, seconded by Council Member Wooten, to INDEFINITELY DEFER Application of CITY OF VIRGINIA BEACH—Ordinance re Short Term Rentals: CITY COUNCIL ALTERNATIVES a. AMEND City Zoning Ordinance (CZO) Section 102 re ESTABLISH Short Term Rental Overlay Districts - North End and Oceanfront Resort (Requested by Vice Mayor Wood and Council Member Tower) Voting: 3-6 (MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Aaron R. Rouse, Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower and Vice Mayor James L. Wood Council Members Absent: Michael F. Berlucchi July 6, 2021 96 ITEM—VII-J.21a PLANNING ITEM#71803 (Continued) Council Member Wilson then made a motion, seconded by Vice Mayor Wood, to APPROVE Application of CITY OF VIRGINIA BEACH—Ordinance re Short Term Rentals: CITY COUNCIL ALTERNATIVES a. AMEND City Zoning Ordinance (CZO) Section 102 re ESTABLISH Short Term Rental Overlay Districts - North End and Oceanfront Resort (Requested by Vice Mayor Wood and Council Member Tower) Voting: 3-6 (MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Louis R.Jones, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: Mayor Robert M. Dyer, Barbara M. Henley, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi July 6, 2021 97 ITEM—VH--J.21a PLANNING ITEM#71803 (Continued) Upon motion by Council Member Henley, seconded by Council Member Rouse, City Council DENIED Application of CITY OF VIRGINIA BEACH—Ordinance re Short Term Rentals: CITY COUNCIL ALTERNATIVES a. AMEND City Zoning Ordinance (CZO) Section 102 re ESTABLISH Short Term Rental Overlay Districts - North End and Oceanfront Resort (Requested by Vice Mayor Wood and Council Member Tower) Voting: 6-3 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones,John D.Moss, Aaron R. Rouse and Sabrina D. Wooten Council Members Voting Nay: Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Michael F. Berlucchi July 6, 2021 98 ITEM—VII-J.21 b PLANNING ITEM#71803 (Continued) Upon motion by Council Member Moss, seconded by Council Member Rouse, City Council DENIED Application of CITY OF VIRGINL4 BEACH—Ordinance re Short Term Rentals: CITY COUNCIL ALTERNATIVES b. AMEND the Official Zoning Map by the Designation and incorporation of property into Short Term Rental Overlay Districts-North End and Oceanfront Resort District (Requested by Vice Mayor Wood and Council Member Tower) Voting: 6-3 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones,John D.Moss, Aaron R. Rouse and Sabrina D. Wooten Council Members Voting Nay: Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Michael F. Berlucchi July 6, 2021 99 ITEM—VII-J.21 c f PLANNING ITEM#71803 (Continued) Upon motion by Council Member Moss, seconded by Council Member Wilson, City Council TABLED TO JULY13,2021,Application of CITY OF VIRGINIA BEACH—Ordinance re Short Term Rentals: CITY COUNCIL ALTERNATIVES c. AMEND Sections 401, 501, 601, 901, 1110, 1125, 1501, 1521, 1531 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 (Requested by Vice Mayor Wood and Council Member Tower) d. AMEND Section 241.2 of the CZO re Short Term Rentals and ESTABLISH additional safety requirements (Requested by Vice Mayor Wood and Council Member Tower) e. ADD Article 23, and ESTABLISH Consisting of Sections 2300- 2303, (Short Term Rental Overlay Districts) to the CZO regulations and requirements re Short Term Rentals in Each Overlay District(Requested by Vice Mayor Wood and Council Members Tower and Wilson) f. ESTABLISH Transition Rules for the review of Conditional Use Permits re Short Term Rentals (Requested by Vice Mayor Wood and Council Member Jones) Voting: 9-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones,John D.Moss, Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi July 6, 2021 100 ITEM VII-K. APPOINTMENTS ITEM#71804 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD TRANSITIONAREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD July 6, 2021 101 ADJOURNMENT ITEM#71805 Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED JULY 7, 2021 at 12:18 A.M. Terri . C aus Chief Deputy C. Clerk n,a ;ar J s, MMC Robert M. Dyer ty Clerk Mayor City of Virginia Beach Virginia July 6, 2021 102 OPEN DIALOGUE The following registered to speak: Zachary Corliss, 908 Dwyer Court, Phone: 419-6360, did not respond Klalil Cribb, 420 Woodall Court Newport News, Phone: 344-0880, did not respond Jay Boone, experience user technical difficulties with WebEx and could not be heard. Barbara Messner, P. O. Box 514, expressed her frustration with City Council ADJOURNED JULY 7, 2021 at 12:21 A.M. July 6, 2021