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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 26, 2018
Mayor Louis R. Jones called to order the CITY COUNCIL'S WORKSHOP in the City Council
Conference Room, Tuesday, June 26, 2018, at 4:00 P.M
Council Members Present:
Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M
Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John
E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
2
CITY COUNCIL'S BRIEFING
SHORT TERM RENTAL DISCUSSION
4:00 P.M.
Mayor Jones welcomed Kay Wilson, Deputy City Attorney. Mrs. Wilson expressed her appreciation to
City Council and distributed a copy of today's presentation and the "City Council Questionaire for Short
Term Rentals"results, which are attached hereto and made a part of the record.
The City Clerk prepared a Verbatim Transcript which is also attached hereto and made a part of the
record.
June 26, 2018
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CITY COUNCIL QUESTIONAIRE FOR SHORT TERM RENTALS
HOME SHARING
1 ) Home sharing is a permitted use throughout the City. YES NO
COMMENTS:
2) The only conditions required are to register with the
COR and pay taxes YES NO
COMMENTS:
SHORT TERM RENTALS
Overlays (maps provided on 5/22/18)
Please circle your answer
1 ) Sandbridge is an overlay and STRs are a
permitted use. (REQUIRED) YES NO
COMMENTS:
2) The Oceanfront Resort District has STRs
as a permitted use. YES NO
COMMENTS:
3) The North End Overlay has STRs as a
permitted use. YES NO
COMMENTS:
4) Ocean Park Overlay is an overlay and
STRs are a permitted use. YES NO
COMMENTS:
5) Cape Henry/Cape Story is an overlay and
STRs are a permitted use. YES NO
COMMENTS:
1
•
6) Other areas that should have overlays:
In the rest of the City, STRs: (check the options you prefer)
Should require a Conditional Use Permit; or
Should not be allowed.
In addition:
Should allow STRs that have registered and paid taxes by
(date) to be a permitted use.
• What alterations shall be allowed by the
grandfathered STR?
None
Percentage of sq. footage
As a % of assessed value
Creation of other Overlays (which option)
Requested by civic league/HOA; or
The same process as for SSDs; or
Require a petition from the community.
For a petition or SSD process:
• Percentage of owners who must agree
• Community must be an established
community, not specifically created for the STR
Overlay
• Boundaries of the Overlay will be established by
OTHER COMMENTS:
2
Conditions for STR (if NO, please provide alternative)
Please circle your answer
1 ) 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) and 12-43.2
(fireworks). YES NO
ALTERNATIVE:
2) 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. Private collections on Saturday
shall be allowed. YES NO
ALTERNATIVE:
3) The owner shall provide proof of premise liability insurance
applicable to the rental activity of at least one million dollars
($1 ,000,000.00) underwritten by insurers acceptable to the city
and naming the City as an additional insured. YES NO
ALTERNATIVE:
4) The maximum number of persons on the property after 11 :00
PM and before 7:00 AM shall be three (3) individuals per bedroom
plus two (2) additional persons. YES NO
The maximum number of persons on the property after 11 :00 PM
and before 7:00 AM shall be two (2) individuals per bedroom plus
two (2) additional persons.
OTHER ALTERNATIVE:
3
5) No except signage shall be on site, that each short term rental
is allowed one (1) sign, four (4) square foot in size, posted on the
building, which identifies the short term rental. Architectural signs
naming the structure are excluded from this limitation. YES NO
ALTERNATIVE:
6)The owner or the owner's agent must be identified, a telephone
number given and they must be able to be present on the site
within thirty (30) minutes of being contacted at all times during the
rental period. YES NO
ALTERNATIVE:
7)_No events with more than fifty (50) people present, shall be held
absent a special events permit. Events with more than fifty (50)
people are limited to no more than three (3) events in a calendar
year. No more than one hundred (100) people shall be present at
any event held on the property. YES NO
ALTERNATIVE:
8) To the extent permitted by state law, each short term rental
must maintain registration with the Commissioner of the
Revenue's office and pay all applicable taxes. YES NO
ALTERNATIVE:
9) There shall be no outdoor amplified sound after 10 PM or before
10 AM. YES NO
ALTERNATIVE:
4
10) A single-family dwelling, duplex, semidetached, and single-
family ancillary dwellings shall have no more than one (1) rental
contract during any consecutive seven (7) day period and a
multiple-family dwelling shall have no more than two (2) rental
contracts during any consecutive seven (7) day period. YES NO
A short term rental shall have no more than two (2) rental contracts
during any consecutive seven (7) day period. YES NO
OTHER ALTERNATIVE:
11 ) Each STR shall have a working multi-purpose fire extinguisher
and inter connected smoke detectors. Carbon monoxide detectors
are also required for fireplace or gas service. YES NO
ALTERNATIVE:
12) Parking for single-family dwellings, duplexes, semidetached
dwellings, and single-family ancillary dwellings shall have one (1 )
parking space for every bedroom provided on site. Multiple-family
dwellings shall have two (2) parking spaces per dwelling. Stacking
of vehicles shall be allowed. YES NO
ALTERNATIVE: ON-SITE OFF-SITE
How many spaces per STR?
How determine?
If not on-site, can Zoning Administrator
approve a plan for off-site?
13) Where should these conditions be located?
City Zoning Ordinance or
City Code, Chapter 15, Hotels and Similar
Establishments
OTHER CONDITIONS:
5
ANY OTHER COMMENTS ON THE ORDINANCE?
Name Date
Please return to Amanda Barnes or Kay Wilson by June 12, 2018.
6
CITY COUNCIL QUESTIONAIRE FOR SHORT TERM RENTALS
HOME SHARING
1) Home sharing is a permitted use throughout the City. YES NO
COMMENTS:
2) The only conditions required are to register with the
COR and pay taxes YES NO
COMMENTS:
SHORT TERM RENTALS
Overlays (maps provided on 5/22/18)
Please circle your answer
1 ) Sandbridge is an overlay and STRs are a
permitted use. (REQUIRED) YES NO
COMMENTS:
2) The Oceanfront Resort District has STRs
as a permitted use. YES NO
COMMENTS: .
3) The North End Overlay has STRs as a
permitted use. YES NO
COMMENTS:
4) Ocean Park Overlay is an overlay and
STRs are a permitted use. YES NO
COMMENTS: .,.
5) Cape Henry/Cape Story is an overlay and
STRs are a permitted use. YES NO
COMMENTS:
1
6) Other areas that should have overlays:
In the rest of the City, STRs: (check the options you prefer)
Should require a Conditional Use Permit; or
► Should not be allowed.
In addition:
I Should allow STRs that have registered and paid taxes by
tHt. (a) (. (date) to be a permitted use.
• What alterations shall be allowed by the
grandfathered STR?
None
Percentage of sq. footage
As a % of assessed value
Creation of other Overlays (which option)
Requested by civic league/HOA; or
The same process as for SSDs; or
Require a petition from the community.
For a petition or SS process:
• Percen dge or owners who must agree
• Community must be an established
community, not specifically created for the STR
Overlay
• Boundaries of the Overlay will be established by
OTHER COMMENTS:
2
Conditions for STR (if NO, please provide alternative)
Please circle your answer
1) 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) and 12-43.2
(fireworks). ZS NO
ALTERNATIVE:
2) 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. Private collections on Saturday
shall be allowed. YES NO
ALTERNATIVE:
3) The owner shall provide proof of premise liability insurance
applicable to the rental activity of at least one million dollars
($1 ,000,000.00) underwritten by insurers acceptable to the city
and naming the City as an additional insured, YES NO
ALTERNATIVE:
4) The maximum number of persons on the property after 11 :00
PM and before 7:00 AM shall be three (3) individuals per bedroom
plus two (2) additional persons. YES NO
The maximum number of persons on the property after 11:00 PM
and before 7:00 AM shall be two (2) individuals per bedroom plus
two (2) additional persons.
OTHER ALTERNATIVE:
3
5) No signage shall be on site, except that each short term rental
is allowed one (1 ) sign, four (4) square foot in size, posted on the
building, which identifies the short term rental. Architectural signs
naming the structure are excluded from this limitation. YES NO
ALTERNATIVE: %#
6)The owner or the owner's agent must be identified, a telephone
number given and they must be able to be present on the site
within thirty (30) minutes of being contacted at all times during the
rental period. YES NO
ALTERNATIVE:
7)_No events with more than fifty (50) people present, shall be held
absent a special events permit. Events with more than fifty (50)
people are limited to no more than three (3) events in a calendar
year. No more than one hundred (100) people shall be present at
any event held on the property. YES NO
ALTERNATIVE:
8) To the extent permitted by state law, each short term rental
must maintain registration with the Commissioner of the
Revenue's office and pay all applicable taxes. YES NO
ALTERNATIVE:
9) There shall be no outdoor amplified sound after 10 PM or before
10 AM. YES NO
ALTERNATIVE:
4
10) A single-family dwelling, duplex, semidetached, and single-
family ancillary dwellings shall have no more than one (1) rental
contract during any consecutive seven (7) day period and a
multiple-family dwelling shall have no more than two (2) rental
contracts during any consecutive seven (7) day period. YES NO
A short term rental shall have no more than two (2) rental contracts
during any consecutive seven (7) day period. YES NO
OTHER ALTERNATIVE: , a
11) Each STR shall have a working multi-purpose fire extinguisher
and inter connected smoke detectors. Carbon monoxide detectors
are also required for fireplace or gas service. YES NO
ALTERNATIVE:
12) Parking for single-family dwellings, duplexes, semidetached
dwellings, and single-family ancillary dwellings shall have one (1)
parking space for every bedroom provided on site. Multiple-family
dwellings shall have two (2) parking spaces per dwelling. Stacking
of vehicles shall be allowed. ' YES NO
ALTERNATIVE: ON-SITE OFF-SITE
How many spaces per STR?
How determine?
If not on-site, can Zoning Administrator
approve a plan for off-site?
13) Where should these conditions be located?
City Zoning Ordinance or
1 City Code, Chapter 15, Hotels and Similar
Establishments
OTHER CONDITIONS:
5
ANY OTHER COMMENTS ON THE ORDINANCE?
Name Date
Please return to Amanda Barnes or Kay Wilson by June 12, 2018.
6
CITY COUNCIL QUESTIONAIRE FOR SHORT TERM RENTALS
HOME SHARING
1) Home sharing is a permitted use throughout the City. YE NO
COMMENTS:
2) The only conditions required are to register with the .
COR and pay taxes YE NO
COMMENTS:
SHORT TERM RENTALS
Overlays (maps provided on 5/22/18)
Please circle your answer
1 ) Sandbridge is an overlay and STRs are a
permitted use. (REQUIRED) OYES NO
COMMENTS:
2) The Oceanfront Resort District has STRs
as a permitted use. YES NO
COMMENTS: ' ov-� o -/
�vw' JA-s2 .37-
3) The North End Overlay has STRs as a
permitted use.
v---10 0,--r-43 s d-I YES NO
COMMENTS:
4) Ocean Park Overlay is an overlay and
STRs are a permitted use. YES NO
COMMENTS:
5) Cape Henry/Cape Story is an overlay and
STRs are a permitted use. DYES NO
COMMENTS:
1
•
6) Other areas that should have overlays:
In the rest of the City, STRs: (check the options you prefer)
Should require a Conditional Use Permit; or
Should not be allowed. �
In addition:
A Should allow STRs that have registered and paid taxes by
7P'i v r''")J (date) to be a permitted use.
E. What alterations shall be allowed by the
grandfathered STR?
None
Percentage of sq. footage X
As a % of assessed value
Creation of other Overlays (which option)
Requested by civic league/HOA; or
The same process as for SSDs; or
Require a petition from the community.
For a petition or SSD process:
(9 O Percentage of owners who must agree
6. Community must be an established
community, not specifically created for the SIR
Overlay
Boundaries of the Overlay will be established by
OTHER COMMENTS:
2
Conditions for STR (if NO, please provide alternative)
Please circle your answer
1) 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) and 12-43.2
(fireworks). NO
ALTERNATIVE:
2) 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. Private collections on Saturday
shall be allowed. CYES NO
ALTERNATIVE:
3) The owner shall provide proof of premise liability insurance
applicable to the rental activity of at least one million dollars
($1,000,000.00) underwritten by insurers acceptable to the city
and naming the City as an additional insured. C., NO
ALTERNATIVE:
4) The maximum number of persons on the property after 11 :00
PM and before 7:00 AM shall be three (3) individuals per bedroom
plus two (2) additional persons. CY, NO
The maximum number of persons on the property after 11:00 PM
and before 7:00 AM shall be two (2) individuals per bedroom plus
two (2) additional persons.
OTHER ALTERNATIVE:
3
5) No signage shall be on site, except that each short term rental
is allowed one (1) sign, four (4) square foot in size, posted on the
building, which identifies the short term rental. Architectural signs
naming the structure are excluded from this limitation. Y NO
ALTERNATIVE:
6)The owner or the owner's agent must be identified, a telephone
number given and they must be able to be present on the site
within thirty (30) minutes of being contacted at all tim during the
rental period. YE NO
ALTERNATIVE:
7)_No events with more than fifty (50) people present, shall be held
absent a special events permit. Events with more than fifty (50)
people are limited to no more than three (3) events in a calendar
year. No more than one hundred (100) people shall be resent at
any event held on the property. Y NO
ALTERNATIVE:
8) To the extent permitted by state law, each short term rental
must maintain registration with the Commissi of the
Revenue's office and pay all applicable taxes. YES NO
ALTERNATIVE:
9) There shall be no outdoor amplified sound after 10 P r before
10 AM. ?ES NO
ALTERNATIVE:
4
10) A single-family dwelling, duplex, semidetached, and single-
family ancillary dwellings shall have no more than one (1) rental
contract during any consecutive seven (7) day period and a
multiple-family dwelling shall have no more than two (2) rental
contracts during any consecutive seven (7) day period. YE NO
A short term rental shall have no more than two (2) rental contracts
during any consecutive seven (7) day period. CYE NO
OTHER ALTERNATIVE:
11) Each STR shall have a working multi-purpose fire extinguisher
and inter connected smoke detectors. Carbon monoxi etectors
are also required for fireplace or gas service. YE NO
ALTERNATIVE:
12) Parking for single-family dwellings, duplexes, semidetached
dwellings, and single-family ancillary dwellings shall have one (1)
parking space for every bedroom provided on site. Multiple-family
dwellings shall have two (2) parking spaces per dwelling. Stacking
of vehicles shall be allowed. YES NO
ALTERNATIVE: ON-SITE OFF-SITE
How many spaces per STR?
How determine?
If not on-site, can Zoning Administrator
approve a plan for off-site? ,c
13) Where should these conditions be located?
City Zoning Ordinance or
City Code, Chapter 15, Hotels and Similar
Establishments
OTHER CONDITIONS:
5
ANY OTHER COMMENTS ON THE ORDINANCE?
Name Date
Please return to Amanda Barnes or Kay Wilson by June 12, 2018.
6
Ru)
CITY COUNCIL QUESTIONAIRE FOR SHORT TERM RENTALS
HOME SHARING
1) Home sharing is a permitted use throughout the Cit . YES 0
COMMENTS:
2) The only conditions required are to register with the
COR and pay taxes YES NO
COMMENTS:
SHORT TERM RENTALS
Overlays (maps provided on 5/22/18)
Please circle your answer
1) Sandbridge is an overlay and STRs are a
permitted use. (REQUIRED) YES NO
COMMENTS:
2) The Oceanfront Resort District has STRs
as a permitted use. 0 NO
COMMENTS:
3) The North End Overlay has STRs as a
permitted use. ES NO
COMMENTS:
4) Ocean Park Overlay is an overlay and
STRs are a permitted use. it NO
COMMENTS:
5) Cape Henry/Cape Story is an overlay and
STRs are a permitted use. Y S NO
COMMENTS:
1
6) Other areas that should have overlays: P /e4"4a
C614-7-h-V 1/McrCo ® n
eze
In the ret of the City, STRs: (check the options you prefer)
N. Should require a Conditional Use Permit; or
Should not be allowed.
In addition:
Should allow STRs that have registered and paid taxes by
7 (date) to be a permitted use.
• What alterations shall be allowed by the
grandfathered STR?
None
Percentage of sq. footage
As a % of assessed value
Creation of other Overlays (which option)
Requested by civic league/HOA; or
The same process as for SSDs; or
, Require a petition from the community.
For a petition or SSD process:
• 6V Percentage of owners who must agree
• Community must be an established
community, not specifically created for the STR
Overlay
• Boundaries of the Overlay will be established by
OTHER COMMENTS:
2
Conditions for STR (if NO, please provide alternative)
Please circle your answer
1) 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) and 12-43.2
(fireworks). la NO
ALTERNATIVE:
2) 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. Private collections o. •turday
shall be allowed. NO
ALTERNATIVE:
3) The owner shall provide proof of premise liability insurance
applicable to the rental activity of at least one million dollars
($1 ,000,000.00) underwritten by insurers acceptable : he city
and naming the City as an additional insured. NO
ALTERNATIVE:
4) The maximum number of persons on the property after 11:00
PM and before 7:00 AM shall be three (3) individuals pe : -droom
plus two (2) additional persons. NO
The maximum number of persons on the property after 11:00 PM
and before 7:00 AM shall be two (2) individuals per bedroom plus
two (2) additional persons.
OTHER ALTERNATIVE:
3
5) No signage shall be on site, except that each short term rental
is allowed_one (1) sign, four (4) square foot in size, posted on the
building, which identifies the short term rental. Architec signs
naming the structure are excluded from this limitation. YES NO
ALTERNATIVE:
6)The owner or the owner's agent must be identified, a telephone
number given and they must be able to be present on the site
within thirty (30) minutes of being contacted at all times , . .ng the
rental period. NO
ALTERNATIVE:
7)_No events with more than fifty (50) people present, shall be held
absent a special events permit. Events with more than fifty (50)
people are limited to no more than three (3) events in a calendar
year. No more than one hundred (100) people shall b re ent at
any event held on the property. YES NO
ALTERNATIVE:
8) To the extent permitted by state law, each short term rental
must maintain registration with the Commissio r of the
Revenue's office and pay all applicable taxes. YES NO
ALTERNATIVE:
9) There shall be no outdoor amplified sound after 10 P o before
10 AM. ' ES NO
ALTERNATIVE:
4
i
10) A single-family dwelling, duplex, semidetached, and single-
family ancillary dwellings shall have no more than one (1) rental
contract during any consecutive seven (7) day period and a
multiple-family dwelling shall have no more than two (2) rental
contracts during any consecutive seven (7) day period. YES NO
A short term rental shall have no more than two (2) rental contracts
during any consecutive seven (7) day period. NO
OTHER ALTERNATIVE:
11) Each STR shall have a working multi-purpose fire extinguisher
and inter connected smoke detectors. Carbon monoxi• . - -ctors
are also required for fireplace or gas service. NO
ALTERNATIVE:
12) Parking for single-family dwellings, duplexes, semidetached
dwellings, and single-family ancillary dwellings shall have one (1)
parking space for every bedroom provided on site. Multiple-family
dwellings shall have two (2) parking spaces per dwelling. - -cking
of vehicles shall be allowed. NO
ALTERNATIVE: ON-SITE OFF-SI E
How many spaces per STR?
How determine?
If not on-site, can Zoning Administrator
approve a plan for off-site?
13) Where should these conditions be located?
City Zoning Ordinance or
City Code, Chapter 15, Hotels and Similar
/ c/ Establishments
OTHER CONDITIONS:
5
` s
ANY OTHER COMMENTS ON THE ORDINANCE?
PAL iv‘lee-tAt., /4,44.tht:10 14) fitt4-) k-`44-61—
a,
(j/1.Lh
Name Date
Please return to Amanda Barnes or Kay Wilson by June 12, 2018.
6
CITY COUNCIL QUESTIONAIRE FOR SHORT TERM RENTALS
HOME SHARING
1) Home sharing is a permitted use throughout the City. YES NO
COMMENTS:
2) The only conditions required are to register with the
COR and pay taxes NO
COMMENTS:
SHORT TERM RENTALS
Overlays (maps provided on 5/22/18)
Please circle your answer
1) Sandbridge is an overlay and STRs are a
permitted use. (REQUIRED) YE NO
COMMENTS:
2) The Oceanfront Resort District has STRs
as a permitted use. YES NO
COMMENTS:
3) The North End Overlay has STRs as a
permitted use. NO
COMMENTS:
4) Ocean Park Overlay is an overlay and
STRs are a permitted use. 4/1) NO
COMMENTS:
5) Cape Henry/Cape Story is an overlay and
STRs are a Permitted use. 41/0 NO
COMMENTS:
1
6) Other areas that should have overlays:
In the rest of the City, STRs: (check the options you prefer)
Should require a Conditional Use Permit; or
Should not be allowed.
In addition:
Should allow STRs that have registered and paid taxes by
(date) to be a permitted use.
• What alterations shall be allowed by the
grandfathered STR?
None
Percentage of sq. footage
As a % of assessed value
Creation of other Overlays (which option)
Requested by civic league/HOA; or
The same process as for SSDs; or
Require a petition from the community.
For a petition or SSD process:
• 0 Percentage of owners who must agree
• Community must be an established
community, not specifically created for the STR
Overlay
• Boundaries of the Overlay will be established by
OTHER COMMENTS:
2
. Y
Conditions for STR (if NO, please provide alternative)
Please circle your answer
1) 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). driNO
ALTERNATIVE:
2) 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. Private collections _) turday
shall be allowed. (YE) NO
ALTERNATIVE:
3) The owner shall provide proof of premise liability insurance
applicable to the rental activity of at least one million dollars
($1,000,000.00) underwritten by insurers acceptabl- he city
and naming the City as an additional insured. ft NO
ALTERNATIVE:
4) The maximum number of persons on the property after 11 :00
PM and before 7:00 AM shall be three (3) individuals pd. - .room
plus two (2) additional persons. NO
The maximum number of persons on the property after 11:00 PM
and before 7:00 AM shall be two (2) individuals per bedroom plus
two (2) additional persons.
OTHER ALTERNATIVE:
3
4
5) No signage shall be on site, except that each short term rental
is allowed one (1) sign, four (4) square foot in size, posted on the
building, which identifies the short term rental. Architectural si
naming the structure are excluded from this limitation. YES NO
ALTERNATIVE: 1&A ) 5]K1J, Oi
6)The owner or the owner's agent must be identified, a telephone
number given and they must be able to be present on the site
within thirty (30) minutes of being contacted at all time .-. 'ng the
rental period. COO NO
ALTERNATIVE:
7)_No events with more than fifty (50) people present, shall be held
absent a special events permit. Events with more than fifty (50)
people are limited to no more than three (3) events in a calendar
year. No more than one hundred (100) people shall be • -sent at
any event held on the property. 0 NO
ALTERNATIVE:
8) To the extent permitted by state law, each short term rental
must maintain registration with the Commissio - of the
Revenue's office and pay all applicable taxes. 0 NO
ALTERNATIVE:
9) There shall be no outdoor amplified sound after 10 PM or be • e
10 AM. YES NO
ALTERNATIVE: /V APL if in i-h wo
4
•
10) A single-family dwelling, duplex, semidetached, and single-
family ancillary dwellings shall have no more than one (1) rental
contract during any consecutive seven (7) day period and a
multiple-family dwelling shall have no more than two (2) ren I
contracts during any consecutive seven (7) day period. YES NO
A short term rental shall have no more than two (2) -4ntr
renta acts
during any consecutive seven (7) day period. 420 NO
OTHER ALTERNATIVE:
11) Each STR shall have a working multi-purpose fire extinguisher
and inter connected smoke detectors. Carbon monoxide •etectors
are also required for fireplace or gas service. OM NO
ALTERNATIVE:
12) Parking for single-family dwellings, duplexes, semidetached
dwellings, and single-family ancillary dwellings shall have one (1)
parking space for every bedroom provided on site. Multiple-family
dwellings shall have two (2) parking spaces per dwelling. Stacking
of vehicles shall be allowed. YES NO
ALTERNATIVE: ON-SITE OFF-SITE
How many spaces per STR?
How determine?
If not on-site, can Zoning Administrat r
approve a plan for off-site?
13) Where should these conditions be located?
City Zoning Ordinance or
City Code, Chapter 15, Hotels and Similar
Establishments
OTHER CONDITIONS:
5
•
ANY OTHER COMMENTS ON THE ORDINANCE?
.mfr
‘. /a4ON
Na - Date
Please return to Amanda Barnes or Kay Wilson by June 12, 2018.
6
- f
CITY COUNCIL QUESTIONAIRE FOR SHORT TERM RENTALS
HOME SHARING
1) Home sharing is a permitted use throughout the City. 6 NO
COMMENTS:
2) The only conditions required are to register with the
COR and pay taxes E NO
COMMENTS:
SHORT TERM RENTALS
Overlays (maps provided on 5/22/18)
Please circle your answer
1) Sandbridge is an overlay and STRs are a
permitted use. (REQUIRED) Y6) NO
COMMENTS:
2) The Oceanfront Resort District has STRs -�
as a permitted use. Y7 NO
COMMENTS:
3) The North End Overlay has STRs as a
permitted use. YL) NO
COMMENTS:
4) Ocean Park Overlay is an overlay and
STRs are a permitted use. 16? NO
COMMENTS:
5) Cape Henry/Cape Story is an overlay and
STRs are a permitted use. 6 NO
COMMENTS:
1
6) Other areas that should have overlays:
In the rest of the City, STRs: (check the options you prefer)
4/4 Should require a Conditional Use Permit; or
,✓/� Should not be allowed.
In ad ' ion:
Should allow STRs that have registered and paid taxes by
(date) to be a permitted use.
• What alterations shall be allowed by the
grandfathered STR?
None
Percentage of sq. footage
As a % of assessed value
Creation of other Overlays (which option)
Requested by civic league/HOA; or
The same process as for SSDs; or
Require a petition from the community.
For a petition or SSD process:
• Percentage of owners who must agree
• Community must be an established
community, not specifically created for the STR
Overlay
E Boundaries of the Overlay will be established by
OTHER COMMENTS:
ferLAibL
2
,i;Gc.P� &72& Q�
12
Conditions for STR (if NO, please provide alternative)
Please circle your answer
1) 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) and 12-43.2
(fireworks). VW NO
ALTERNATIVE:
2) 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. Private collections on aturday
shall be allowed. NO
ALTERNATIVE:
3) The owner shall provide proof of premise liability insurance
applicable to the rental activity of at least one million dollars
($1,000,000.00) underwritten by insurers acceptable to he city
and naming the City as an additional insured. ir NO
ALTERNATIVE:
4) The maximum number of persons on the property after 11 :00
PM and before 7:00 AM shall be three (3) individuals per bedroom
plus two (2) additional persons. NO
The maximum number of persons on the property after 11 :00 PM
and before 7:00 AM shall be two (2) individuals per bedroom plus
two (2) additional persons.
OTHER ALTERNATIVE:
3
5) No signage shall be on site, except that each short term rental
is allowed one (1) sign, four (4) square foot in size, posted on the
building, which identifies the short term rental. Architecture signs
naming the structure are excluded from this limitation. Y NO
ALTERNATIVE:
6)The owner or the owner's agent must be identified, a telephone
number given and they must be able to be present on the site
within thirty (30) minutes of being contacted at all times d ring the
rental period. S NO
ALTERNATIVE:
7)_No events with more than fifty (50) people present, shall be held
absent a special events permit. Events with more than fifty (50)
people are limited to no more than three (3) events in a calendar
year. No more than one hundred (100) people shall be p sent at
any event held on the property. NO
ALTERNATIVE:
8) To the extent permitted by state law, each short term rental
must maintain registration with the Commissioner of the
Revenue's office and pay all applicable taxes. NO
ALTERNATIVE:
9) There shall be no outdoor amplified sound after 10 P before
10 AM. NO
ALTERNATIVE:
4
10) A single-family dwelling, duplex, semidetached, and single-
family ancillary dwellings shall have no more than one (1) rental
contract during any consecutive seven (7) day period and a
multiple-family dwelling shall have no more than two (2) ren I
contracts during any consecutive seven (7) day period. YES 6P
A short term rental shall have no more than two (2) rental contracts
during any consecutive seven (7) day period. YES NO
OTHE TER TIVE:
11 ) Each STR shall have a working multi-purpose fire extinguisher
and inter connected smoke detectors. Carbon monoxide d ctors
are also required for fireplace or gas service. YEf NO
ALTERNATIVE:
12) Parking for single-family dwellings, duplexes, semidetached
dwellings, and single-family ancillary dwellings shall have one (1)
parking space for every bedroom provided on site. Multiple-family
dwellings shall have two (2) parking spaces per dwelling. tacking
of vehicles shall be allowed. NO
ALTERNATIVE: ON-SITE OFF-SITE
How many spaces per STR?
How determine?
If not on-site, can Zoning Administrator
approve a plan for off-site?
13) Where should ese conditions be located?
City Zoning Ordinance or
City Code, Chapter 15, Hotels and Similar
Establishments
OTHER CONDITIONS:
5
ANY OTHER COMMENTS ON THE ORDINANCE?
/,g1-4/
Name Date
Please return to Amanda Barnes or Kay Wilson by June 12, 2018.
6
CITY COUNCIL QUESTIONAIRE FOR SHORT TERM RENTALS
HOME SHARING
1) Home sharing is a permitted use throughout the City. NO
COMMENTS:
2) The only conditions required are to register with the
COR and pay taxes YES NO
COMMENTS: se.v a4a --
SHORT TERM RENTALS
Overlays (maps provided on 5/22/18)
Please circle your answer
1 ) Sandbridge is an overlay and STRs are a
permitted use. (REQUIRED) (YES) NO
COMMENTS:
2) The Oceanfront Resort District has STRs
as a permitted use. YES NO
COMMENTS: e a-1l,u►
copry
3) The North End Overlay has STRs as a
permitted use. YES NO
COMMENTS:
4) Ocean Park Overlay is an overlay and
STRs are a permitted use. YES NO
COMMENTS:
5) Cape Henry/Cape Story is an overlay and
STRs are a permitted use. YES NO
COMMENTS:
1
6) Other areas that should have overlays:
In the rest of the City, STRs: (check the options you prefer)
1/ Should require a Conditional Use Permit; or Sem c'" �
Should not be allowed.
In addition:
\/ Should allow STRs that have registered andaid taxes s by
D �as) (date) to be a permitted use.
What alterations shall be allowed by the
grandfathered7?
R?
None
Percentage of sq. footage
As a % of assessed value
Creation of other Overlays (which option)
Requested by civic league/HOA; or
The same process as for SSDs; or
Require a petition from the community.
For a petition or SSD process:
• - Percentage of owners who must agree �`' 1�s `o)
1./ Community must be an established
community, not specifically created for the STR
Overlay
• Boundaries of the Overlay will be established by
OTHER COMMENTS:
2
Conditions for STR (if NO, please provide alternative)
Please circle your answer
1) 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) a • 12-43.2
(fireworks). ap NO
ALTERNATIVE:
2) 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. Private collections o. aturday
shall be allowed. GP NO
ALTERNATIVE:
3) The owner shall provide proof of premise liability insurance
applicable to the rental activity of at least one million dollars
($1,000,000.00) underwritten by insurers acceptable . the city
and naming the City as an additional insured. NO
ALTERNATIVE: Set- trtk _
4) The maximum number of persons on the property after 11 :00
PM and before 7:00 AM shall be three (3) individuals per bedr
plus two (2) additional persons. YES 0
The maximum number of persons on the property after 11:00 PM
and before 7:00 AM shall be two (2) individuals per bedroom plus
two (2) additional persons.
OTHER ALTERNATIVE:
See. (tGt\ -
3
5) No signage shall be on site, except that each short term rental
is allowed one (1) sign, four (4) square foot in size, posted on the
building, which identifies the short term rental. Architectural signs
naming the structure are excluded from this limitation. YES NO
ALTERNATIVE: c , `/ ,
6) The owner or the owner's agent must be identified, a telephone
number given and they must be able to be present on the site
within thirty (30) minutes of being contacted at all time 'ng the
rental period. WV NO
ALTERNATIVE:
7)_No events with more than fifty (50) people present, shall be held
absent a special events permit. Events with more than fifty (50)
people are limited to no more than three (3) events in a calendar
year. No more than one hundred (100) people shall be • esent at
any event held on the property. NO
ALTERNATIVE:
8) To the extent permitted by state law, each short term rental
must maintain registration with the Commissio. - of the
Revenue's office and pay all applicable taxes. 412) NO
ALTERNATIVE:
9) There shall be no outdoor amplified sound after 10 P r before
10 AM.
YES NO
ALTERNATIVE:
4
10) A single-family dwelling, duplex, semidetached, and single-
family ancillary dwellings shall have no more than one (1) rental,
contract during any consecutive seven (7) day period and a
multiple-family dwelling shall have no more than two (2) rentaLoo
contracts during any consecutive seven (7) day period. YES NO
A short term rental shall have no more than two (2) rental contracts
during any consecutive seven (7) day period. YES NO
OTHER ALTERNATIVE:
11 ) Each STR shall have a working multi-purpose fire extinguisher
and inter connected smoke detectors. Carbon monoxid- • -tectors
are also required for fireplace or gas service. 410 NO
ALTERNATIVE:
12) Parking for single-family dwellings, duplexes, semidetached
dwellings, and single-family ancillary dwellings shall have one (1)
parking space for every bedroom provided on site. Multiple-family
dwellings shall have two (2) parking spaces per dwelli • _ acking
of vehicles shall be allowed. GDP NO
ALTERNATIVE: ON-SITE OFF-SITE
How many spaces per STR?
How determine?
If not on-site, can Zoning Administrator
approve a plan for off-site?
13) Where should these conditions be located?
City Zoning Ordinance or
City Code, Chapter 15, Hotels and Similar
Establi, hrrments
e OV-11<-
OTHER
`-OTHER CONDITIONS:
5
ANY OTHER COMMENTS ON THE ORDINANCE?
4e€' G4Acairrtei-1—
f
_.�.L ‘ , 1, 0‘ — \ami
Name Date
Please return to Amanda Barnes or Kay Wilson by June 12, 2018.
6
City Council Questionnaire for Short Term Rentals Comments:
Home Sharing
2) What recourse does a neighbor have if the operation is grossly disruptive?
Short Term Rentals—Overlays
1) Sandbridge—As determined by the General Assembly
2) Oceanfront—5) Cape Henry/Cape Story - I was under the impression that before we would
establish ANY other overlay districts,we would solicit opinions from property owners. I have
no assured knowledge of the wishes of the property owners, which I believe must be known
before we take action to, in effect, change a zoning on the property in such a way that the
property will be greatly affected. In our previous discussion, I asked that we mail to each
property owner a document requesting a verified signature of each property owner expressing
approval or disapproval of the overlay proposal, in much the same way that we ask for approval
of including properties in an SSD. I suggest that the SSD requirement be the overlay
requirement which, I believe is 80%,or at least it should be 70%approvals.
In the rest of the City, STRs:Should require a Conditional Use Permit,which,as we also
discussed, could be for a limited amount of time, subject to administrative approval. Or, is it
possible to just allow a Short Term Rental Permit for properties, subject to renewal if there are
no issues? I do believe that we should establish some guidelines for approving short term
rentals.
Conditions for STRs :
3) Comment—Notice to the City should be provided for if the policy is cancelled.
4) I believe the industry standard is two individuals per bedroom,which seems to better conform
to the Uniform Statewide Building Code, "each bedroom shall contain at least 70square feet of
floor area,and each bedroom occupied by more than one person shall contain at least 50
square feet of floor area for each occupant."
5) Signage must be on the building, not on a tree or just posted in the yard. While a four square
foot sign may have become acceptable in Sandbridge, it would look out of place in our
residential neighborhoods throughout the city.
Other Comments on the Ordinance:
We must be mindful of the fact that we are setting the standards which will apply to all of our
residential neighborhoods. The question we u t ask ourselves is whether our conditions will
keep our neighborhoods safe, and protect t peace and tranquility of our residents. Our
responsibility is to provide for the health, safety and welfare of our citizens, and that should be
our standard.
' City of Virginia Beach
Op OUR N/•'h°115
VBgov.com
JOHN moss June 11, 2018
PHONE: (757)363.77.5
COUNCILMAN-'T-LARGE
MOSSJOHNOCOC.NET
HONORABLE MAYOR
MEMBERS OF CITY COUNCIL
RE: Short Term Rentals
Dear Colleagues,
The more I reviewed the survey, taking into account Council responses were subject to FOIA, the more
uncomfortable I was with the lack of context. The lack of the former would subject my answers to being
seen in a different light than my judgment embedded in my response.
1 think it is fair to say that all of us have been concerned with the enforceability of the regulations being
offered wherever short term rentals may be allowed. Given that there was a practical means of
enforcement;one would still need to determine if the means of enforcement would be a community
acceptable intrusion.
Since Council has not yet been provided in writing the mechanics of enforcement for each proposed
regulation and the sanctions that would create a constructive incentive for compliance have not been
explained, I am disinclined to indicate my disposition on regulations at this time.
For reasons previously shared,lam not in favor of the conditional use permit process nor am I in favor
of modifying the ordinances to make short term rentals a "by-right"use, City-wide. The overlay district
at Sandbridge made perfect sense. I favor overlay districts and do believe each overlay district coula
have its own set of regulations.
1 do not believe short term rental overlay districts should be established in R-10 through R-40 and
agriculture zonings without sixty(60%)percent of the residents in a given platted subdivision(need to
think about agriculture zoning)by a signed legal document conveying their concurrence. The former
should apply to R-5 zoning outside the Bayfront and Atlantic Ocean areas as well. I think we all heard
the residents at Bay Lake Pines and their voices and concerns are not alone.
I am undecided on adopting upfront without resident concurrence overlay districts for the Bay and
Oceanfront Areas without first seeing the specific boundaries and regulations associated with each
district. I am inclined where the conditions have the same historical context as Sandbridge to be
favorably disposed to adopting overlay districts upfront. The devil is in the details, and I would like to
see the details.
Sincerely,
[ `f
John D. Moss
cc: City Clerk
City Attorney 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455
City Manager
Beverly K. Wilson
From: Amanda F. Barnes
Sent: Tuesday, June 12, 2018 2:04 PM
To: City Council; Mark Stiles; Rebecca D. Kubin; Beverly K. Wilson
Cc: Community Affairs
Subject: FW: Please share with Council, thoughts on STRs
FYI
Amanda Barnes, MMC
City Clerk
City Hall, Building 1
2401 Courthouse Drive, Suite 281
Virginia Beach, VA 23456
(757) 385-8343
_____
From: Jessica Abbott
Sent: Tuesday, June 12, 2018 2:01 PM
To: Amanda F. Barnes
Subject: Please share with Council, thoughts on STRs
Council,
My thoughts on Short Term Rentals are as follows:
I will not support any ordinance that does not grandfather existing short term rentals in.
I feel like we have asked people to comply and in good faith we should allow them to
continue.
I do not agree with the overlays, we need to enforce the law equability. I don't love the
idea of a CUP, but this would at least allow public comment as well as flexibility all over
the city.
Perhaps we should look at reducingthe cost of the application pp cation and work on finding
efficiencies within the process.
I'm on the fence about occupancy, perhaps it should be based on square feet, similar
to a restaurant. I once lived in a 3 bedroom house that was only 1100 sq ft. Having 6-
10 people in there would be tight.
The other guidelines I don't have much to say about, other than it seems it would
increase the burden on our Police and most of which are not easily enforceable. That
said I am fine with them being included in an ordinance if the consensus is that is
benefits the public.
IIIIIIIIIOMIIIBOIIOIMIIIIIIINIIIUIIIIIIIIIIIIIIIIMIOIIIIPF
Thanks,
Jessica Abbott
Sent from my T-Mobile 4G LTE Device
2
1
VIRGINIA BEACH CITY COUNCIL
June 26 , 2018
4 : 03 p .m.
WORKSHOP SESSION
SHORT TERM RENTALS
VERBATIM
CITY COUNCIL
Louis R. Jones, Mayor At-Large
Bayside - District 4
James L. Wood, Vice-Mayor Lynnhaven - District 5
Jessica P. Abbott Kempsville - District 2
M. Benjamin Davenport At-Large
Robert M. Dyer Centerville - District 1
Barbara M. Henley Princess Anne - District 7
Shannon DS Kane Rose Hall - District 3
John D. Moss At-Large
John E. Uhrin Beach - District 6
Rosemary Wilson At-Large
CITY MANAGER: David L. Hansen
CITY ATTORNEY: Mark D . Stiles
CITY ASSESSOR: Ronald Agnor
CITY AUDITOR: Lyndon S . Remias
CITY CLERK: Amanda Barnes , MMC
SARAH DEAL JENKINS, MMC
DEPUTY CITY CLERK, II
2
MAYOR JONES : The first thing on the Agenda today
is the Short Term Rental discussion.
And we received the survey information and it was , I guess ,
the best way to put it is , I 'm not sure it was conclusive, so
what I would like for us to do, if we could, is to try to make
it conclusive and go through the different points and see if
we can come up with a majority of people, Council Members, on
the different points where the City Attorney can then draw up
an ordinance that meets at least a good majority of the
Council ' s wishes in this regard. Mr. Stiles, do you have any
comments to make at this point?
CITY ATTORNEY: Just a couple, Your Honor, thank you.
Just to remind us where we 've been,
my office in conjunction with the Planning Director and the
Zoning Administrator originally prepared three alternative
ordinances that this body referred to the Planning Commission
and the Planning Commission considered, and they referred back
a fourth ordinance . Then when we came back to discuss those
four alternatives, it was apparent that there was no consensus
on this body as to any of those four alternatives, so some
additional alternatives were prepared. For example, we have
there before in your packets before you, you have alternatives
that were prepared with the input from Mayor Jones and Former
Mayor Sessoms , and then another alternative ordinance that was
prepared at the request of Mr. Moss .
During my absence, you had another meeting to discuss the
issue, and my understanding is that you instructed staff to
prepare a questionnaire, and we prepared that questionnaire
and we got back, I think, a number of responses . But what I
have seen and what I have, I think I mentioned this to the
Mayor earlier today, what we see here with this Short Term
Rental situation is that it ' s kind of like the budget . There
are a number of individual elements and there are a number of
related elements that are interdependent upon one another.
And within that , there are certain of those items of great
importance to one or more Council Members , and other items are
of lesser importance to one or more Council Members .
So, it ' s almost as if you need to do some sort of
reconciliation of this issue just like you do a reconciliation
on your budget, because despite this body' s best efforts ,
despite the Planning Commission' s best efforts , despite the
best efforts of two Council-appointed bodies , and despite the
best efforts of your staff , if you told me today to write an
ordinance that would get the support of six members of this
body, I would tell you I 'm not convinced I could do that .
So, Kay, we put up here based on the points and information
3
that I just identified, we put up here the things that have
gotten at least four affirmative responses from all of you.
And those that received less than four, I don' t know if you
want to work from those screens or if you just want to go
through the questionnaire and talk the issues out, but as
you' ll see there ' s still a lot of issues that don' t have six
or more affirmative responses .
VICE-MAYOR WOOD: How many responses did you get,
total?
CITY ATTORNEY: We got five responses that checked
boxes , some or all of the boxes on
the questionnaire . We got two responses that were in letter
or paragraph form, and we were also informed by the
information, for example, Mr. Jones ' position is set forth in
the ordinance that we drafted for him. So, we tried to
include all of that information in these summary pages . And
with that, would you like me to turn it over to Kay, or would
you like to take over?
MAYOR JONES : Kay?
KAY WILSON: First , we have the elements for which
there are four or more positive
responses, and I think it would be pretty good to say that
Home Sharing permitted throughout the City, there was really
not any dissension about that , we ' ll allow Home Sharing
throughout the City as long as you register with the
Commissioner and you pay your taxes . That seems to be
something that we ' re pretty set on.
COUNCILMAN UHRIN: Kay, let ' s get back to what Jim just
said. So, Mark said you tried to
encapsulate that from everybody that submitted whether they
did it in the form that was given or others .
KAY WILSON: Yes , sir .
COUNCILMAN UHRIN: We only have six of the ten of us
that said that that was okay?
KAY WILSON: Yes , sir.
COUNCILMAN UHRIN: So, there were four that said --
KAY WILSON: There were no responses that were
negative . There were not all of them
did not have responses to this question, and some people
filled out partially, so really it ' s hard to say there are
4
this many --
VICE-MAYOR WOOD: So, we didn' t follow directions, is
what you' re saying.
KAY WILSON: I didn' t want to say that .
CITY ATTORNEY: No, that ' s not - - I wouldn' t say
that . I would say, like I said,
there are several of these questions that then have a
dependent clause attached to them, so people would say yes ,
but , or yes , comment . So, we ' re just telling you the answers
that we can with confidence tell you we got a yes on.
COUNCILMAN UHRIN: So, if I said, I didn' t , but if in
mine I said yes , but , on that, then
the number would have been seven if not for the but , but now
it ' s six?
KAY WILSON: Yes , if you had said something that
made me think, no, you didn' t want
Home Sharing in some manner or it was so restrictive that it
might be a no. So, a lot of this is the interpretation of
what was said, not that we tried in any way to put words in
your mouth, but sometimes you 've got to decide yes or no.
COUNCILMAN UHRIN: I 'm just trying to get some clarity
as to how relevant any of this data
is .
CITY ATTORNEY: Well , I 'm not - - I think what I was
trying to inartfully suggest is I 'm
not sure how -- for some of these, for Home Sharing, I have no
doubt that we would get a 9-1 or 10-0 vote on Home Sharing as
a permitted use with regulation provided you pay taxes .
COUNCILMAN UHRIN: I understand. Thank you.
KAY WILSON: We also had a positive response for
Short Term Rental Overlays a
permitted use in the Overlay Districts, so it ' s permitted in
the Overlays , or if you go and get a CUP. So, if you' re not
in an Overlay, you have to go get a Conditional Use Permit .
All of the five areas , three of which we 've identified s
Overlays and two of which are extensions of the Oceanfront
Resort District or the North End Overlay, all five of those
had enough support to say that -it fits in this category.
Sandbridge , of course, is not something we have any control
over really any more with the legislature . The others were
either four or five responses . We did not get any response
5
over six.
MAYOR JONES : Mrs . Henley has a question for you.
COUNCIL LADY HENLEY: On the question of Overlay, and even
with these, I still feel that we need
to hear from the community, from the people, not just , well ,
we think it ' s okay, are we saying that we want these to go
through the process of polling the property owners and saying,
yes , they want to be in an Overlay before we do it, or are we
assuming that we just think it ' s okay and so we ' re just
willing to go ahead and do it?
KAY WILSON: I think what I have been hearing kind
of constantly is that we want to go
and have conversation with each of the Overlays, not
particularly that we ' re going to make them go through the
process of the 60% or whatever we come up with here but that
we do want to go and have conversation with each neighborhood.
COUNCIL LADY HENLEY: I want them to go through a process .
MAYOR JONES : What does that mean, Barbara?
COUNCIL LADY HENLEY: You know, we just send a letter to
each of the property owners and say,
you know, it ' s sort of like we do with the SSD, that same
thing. Because I think isn' t the reason we ' re saying this has
to go to the Planning Commission that we are doing a
substantial land use zoning change to these areas , and,
therefore, they need to have some input? So, I mean, I don' t
want to just think that I heard that they say this is what
they want . I want to know that this is what they want .
CITY ATTORNEY: Mrs . Henley, we talked about that
within our office a great deal , and
Becky is prepared to address it better than I , but there are ,
I agree, there needs to be some sort of outreach and
communication with the communities . We see significant
practical problems with setting a threshold because we 've had
that problem with the SSDs, and Becky, I think, can explain
the distinction, if that ' s okay.
BECKY KUBIN: So, we have done the petition process
with the SSDs where everybody has to
submit . We have to have 80% positive responses , but the set
of people that you were talking about in each SSD is so much
smaller than what you would be talking about in the Overlays ,
but even with that , we have a number of issues . For example,
you have a number of home owners in one home . Sometimes you
6
have, usually you have two people on the deed, each of whom
have their own opinion about it . So, they don' t always agree
internally. Sometimes you have multiple owners in an LLC,
especially with investment properties, so we would have one
vote for that corporate owner, but we would have to also
verify with the SEC that we have the right body making that
vote .
Also, what complicates it is if you don' t have a set timing,
sometimes you might get a yes from one property, but by the
time you finish the petition process that property has now
sold and the new owner is a no . You can' t bind the new owner
with the original vote . So, you have transfer of property is
an issue, and we would have to verify from a title perspective
all of the owners who are voting to make sure that they' re
right . So, it would be a very intense and complicated process
that I have to say we may not get right based on all of the
failures of those . So, if we do the petition process , it
would have to be in relatively small groups, I would say,
which would be hard to do. You might have smaller Overlays,
and it would have to have a very set time period that would be
relatively short . And you may want to think about silence
being a vote one way or the other, but if silence is a no,
then I do feel like it would be very difficult to achieve any
positive response on that .
So, I just wanted to make sure you understood all of those
practical problems . And we can think about other ways to do
it maybe with public meetings and having proof of their
ownership if they come to the meeting and having a vote taken
at the meeting or something like that . There may be other
ways to do it , but I think that similar petition process with
the SSD would be virtually unworkable from a practical
standpoint .
CITY ATTORNEY: We end up a lot of times removing
properties , removing whole codes from
the SSD just because we didn' t hear back from people .
COUNCILMAN MOSS : Well , I think Barbara makes a good
point . Bias should be to the status
quo . So, what we ' re really saying is we aren' t willing - -
we ' re trying to make it easy to change the status quo rather
than giving the status quo the presumption of being correct .
And generally speaking, that ' s not how precedent works in law,
if I 'm correct . It ' s not how it does in forensics debate
either . The status quo is presumed to be correct and have -
advantage until something is proven otherwise . I think that ' s
a fairly good statement . So, it should be if there ' s a bias ,
the bias should be to enabling the preservation of the status
7
quo rather than creating, removing barriers that make it
easier to change . So, there may be some practical things that
don' t work. They' ll look at those, but there ought to be
practical ways to resolve that .
If people can' t agree, then they can' t vote . Okay, so they
can' t agree . They don' t get to vote . They can' t exercise
their rights . But it ' s like, you know, there ' s only two
Senators for every State . That ' s how it kind of works . The
Constitutional Convention, there ' s only one vote for every
State, and a bunch of people have to agree before you can cast
a ballot . So, those aren' t unusual arrangements in governance
in the contemporary and modern world, so there ' s a way to
overcome those, but it ' s borne by the people who want to
change .
And so, if the current zoning where people live is R-10 or all
these things where it says unless it ' s longer than 30 days ,
you can' t -- under 30 days, you can' t rent , has to be more
than 30 days -- well , that ' s the status quo. So, if you ' re
wanting to change that , I realize there ' s some other districts
where it ' s different , but where that is the case, like Baylake
Pines , then those people shouldn' t be having to bear the
burden of enabling that status quo to be changed. If it ' s
hard, it ' s hard. It ought to be realistically doable, and
that ought to be what we do. If we have neighborhoods where,
like Sandbridge, where it ' s been the tradition of renting and
all these other kinds of things, and you draw those barriers
the right way, maybe there are cases that are like Sandbridge
that need to be recognized for the best interest that ' s always
been there . Narrow, but I don' t think anyone would say it ' s
hard to draw a subdivision line for Baylake Pines or it ' s hard
for the owners that own a home in Baylake Pines that the owner
is to know whether or not they want their subdivision to have
Short Term Rentals . So, I just think there ' s workaround for
some of this . I just think we need to be careful not to think
over because all those things sound so onerous that we
shouldn' t have Overlay Districts ; that ' s all I 'm saying.
MAYOR JONES : Well , in response to what you ' re
saying, and to a certain extent I 'm
agreeing with you, John, for instance, Ocean Park, I received
a letter from the Civic League at Ocean Park requesting they
have an Overlay District for Short Term Rentals . I also
received a letter from Chick' s Beach Civic League requesting
that they not have Short Term Rentals . So, that ' s the basis
of why I put Overlay District for Ocean Park. Now, I think,
Jim, you've had some kind of response from the Civic League at
Cape Story, Cape Henry?
8
VICE-MAYOR WOOD: Yes . I 've had a couple from the, not
formally from the Civic Leagues, I
have to think back on that, but I know North Beach has had a
formal position on it .
MAYOR JONES : Right . I got a letter from North
Beach on it . Did you get a letter or
anything?
VICE-MAYOR WOOD: From North Beach?
MAYOR JONES : Yes - - no, from - -
VICE-MAYOR WOOD: From the other two? Yes , I 've gotten
communications from both of those
other two and they' re also wanting the Overlay. I 'm just
trying to remember if it was in a letter form or e-mail or
something.
COUNCIL LADY WILSON: And I was contacted, too.
VICE-MAYOR WOOD: It ' s been a long while .
COUNCIL LADY WILSON: Lakewood, Pinewood, and Old Beach
want to be an Overlay District , and
that ' s from the President of the Resort Beach Civic League ,
Brad Capps .
MAYOR JONES : You say you got a letter from Old
Beach?
COUNCIL LADY WILSON: An e-mail from their Civic League
President .
COUNCIL LADY HENLEY: But we all know that Civic Leagues
usually are a small percentage of the
people in a neighborhood. I mean, that is just the way it is
everywhere, I think. And I would think if we are going to say
there ' s going to be an organization that ' s going to do this ,
then we have to, I mean, everybody has to be aware that that ' s
what we ' re going to accept . So, I mean, I think we have to
know, okay, how many people were at your meeting, and when
they took this position or what percentages, because I 'm a
little leery of going in that direction.
CITY ATTORNEY: Well , let me talk a little bit about
process for the creation of Overlays .
The process for the creation of an Overlay requires mailed
notice to every property owner in that proposed Overlay, so
they all have notice . But I guess, and I 'm not in any way
9
arguing with the points that have been made here , I think
they' re all very good points, I think what we are telling you
from our experience with the SSD is you may have a letter from
the Civic League and the Civic League in the case of this
neighborhood actually represent a majority of the home owners ,
property owners, within that, but the principle of apathy sets
in and people just don' t respond, and so you may have a
community that really wants one, but because, unless you
determine how you ' re going to treat those no responses , how
you treat those no responses strongly impacts whether or not
the desire of the community comes forward.
And the other thing that I would say is , the SSD petition
requirement is driven in part by the State Law because it
involves taxation. We, as a City, and I 'm not aware of any
other local governments that have ever tied a zoning decision
to a percentage of the population within an area as to what
they approve or don' t approve, just so that you know you' re
creating another legal hurdle and you are creating another
opportunity for whoever is on the losing side of that battle
to challenge your action. So, I 'm not telling you to do it or
not to do it . I 'm just raising things for you all to
individually consider.
COUNCILMAN MOSS : One of the things I 've tried, I try
to look at this as a reasonable
person will . Sandbridge made a lot of sense . I know some
people don' t think it made a lot of sense, but there was an
established thing, what went on in the corridor a long time .
I 've lived at the Beach all my life . In the County days , they
were renting houses, little beach cottages at the time, over
in Croatan, the school teachers back then doing probably not
two weeks . They didn' t have this enabling technology, but
rentals were taking place and there are established things
that took place . I don' t know how many places are really like
that, and those are, but what I do know is that it wasn' t the
case in Fairfield. It wasn' t the case in College Park. It
wasn' t the case in Green Run. So, we have a lot of the City.
So, we ' re looking at this issue . I know we tend to focus on
how to resolve where it has been established practice and an
expectation of property owners, and that is probably l00 of
the land area of the City, maybe even less, but there ' s still
the 90o where the contagion hasn ' t , some people look at it
that way, hasn' t spread such that you don' t have the ability
to say it ' s not the standard accepted practice, and is there a
consensus .- I 'm trying to figure out, to focus down,
Mr. Mayor, on what ' s the problem we ' re trying to solve . Is
everybody in a, not saying you are, is a majority in agreement
that these R-10 , R-40 , R-30 , R-20 , these neighborhoods where
10
it hasn' t been this long established practice that we don' t
want to become the long established practice, but people who
already have their license are grandfathered, and that takes
like 90 things off the table, and now we come back to how we
deal with the niches, you know, and then that ' s a different
type of discussion so you can engage in a better way and get a
better feel?
I ' d like to know what we can take off the table so we know
what ' s on it , and where we ' re in agreement substantially so we
can narrow down how do you solve Croatan, what part of Old
Beach, you know. It ' s got different places, as you well know.
You know probably better than I from people around this table,
but North Beach wants one week, so you don' t have to have
uniform regulations . Other parts want two. I think we just
have to not have the Overlay Districts one-size-fits-all ,
one-regulation-fits-all, is what I 'm trying to say. But can
we agree that where it isn' t the norm that we can deal with
that and get that off the table of the position and focus on
where the friction is?
CITY ATTORNEY: And on that point , on the issue of
different regulations and different
districts, this Council would need to make actual findings as
to why the two are different otherwise, and it wouldn' t be a
Short Term Overlay District . It would be the "This
Neighborhood District" and "This Neighborhood District" would
have this regulation which just so happened to allow STRs ,
because I don' t think you can have just a general STR Overlay
that ' s here, here, here, and here and have different
regulations, because you' ll violate the Uniformity Principle
there .
COUNCILMAN MOSS : But if we do as you suggested but
have a basis in fact dealing with
what has been historical practice in all the behavior, I 'm
trying to let the reasonable, once again, the reasonable
piece -- not everyone would agree, but 80% would say, you
know, that does make sense . They might not be on the winning
side of where the line is drawn, but it does appear to be the
practical answer. I get your point , though.
MAYOR JONES : Kay, you want to go on?
KAY WILSON: Yes . These are the other things that
have four or more positive responses .
If you look at these, a lot of these are the- conditions that
we would have . We have posting the summary, the trash, the
million dollars in insurance - - we ' ll do that better, I 'm just
giving you some context - - contact person required within 30
11
minutes, a special event permit for any group that ' s 50 or
over with 100 maximum of three a year, register and pay taxes,
fire extinguishers, and also carbon monoxide detectors are
required, maximum occupancy would be three per bedroom plus
two, a 4-square-foot sign, no amplified sound after 10 : 00 p.m.
or before 10 : 00 a .m. , and they would grandfather those Short
Term Rentals that have been established and have paid their
taxes and registered. The question here becomes there ' s not a
four or more consensus for what the date would be . Would it
be 1/1/18 , or would it be the date of adoption? There ' s some
flux there . There is no set date nor is there any consensus
about how much you would allow them to expand the grandfather
provision.
CITY ATTORNEY: As Mr. Moss pointed out, the decision
on grandfathering, that ' s one of
those ones that ' s interrelated to a bunch of other issues . I
have in the information we got , for example, I had that is a
deal killer for me both ways from at least one member of this
body. So, that ' s --
COUNCIL LADY ABBOTT : It was me .
CITY ATTORNEY: That ' s one of those that you really
do need to know where six of you
stand on that issue because that then does inform some of
these other questions . That was not - - that was in one of the
alternatives that we sent back to the Planning Commission. It
was not recommended back to the Planning Commission because
they didn' t recommend, of course, CUPs at all , and it wasn' t
part of the Planning Commission' s recommendation. It was not
part of either Mr . Jones ' or Mr. Moss ' alternatives, but it
did get support in the questionnaire . So, that is one that I
would ask you to sort of talk about and see where you are so
we know what to do there .
VICE-MAYOR WOOD: If we ' re still talking about
conditions, the no amplified sound,
and I said no because I 'm trying to wrap my arms around that,
should there be amplified sound outside anytime?
KAY WILSON: I would tell you, I can' t put a radio
on the beach.
VICE-MAYOR WOOD: But it ' s on the beach. That ' s a
little different .
COUNCILMAN MOSS : Well , you can have a radio by the
pool .
12
KAY WILSON: Right by the pool . I mean, I
wouldn' t be able to put any kind of
sound like that out .
CITY ATTORNEY: See, what we have in our Noise
Ordinance now doesn' t prohibit
amplified sound, itself . It only prohibits amplified sound
over a certain decibel level when measured from a property
line and the decibel level changes from day and night , and
it ' s based on comments from a number of members of the body
who said we just want a straight yes/no that we can enforce or
not enforce . So, that was the reason that it was written that
way, no amplified sound after 10 : 00 p .m. , thinking that that
would give some - - a neighbor might have to deal with it after
his kid went to bed at 8 : 00 p .m. , but he would know or she
would know that it was going to end at 10 : 00 p .m.
VICE-MAYOR WOOD: Okay.
MAYOR JONES : Go ahead, Kay.
KAY WILSON: Parking, there was a consensus here
for parking, single-family, one space
per bedroom, and multi-family, two spaces per dwelling. So,
all multi-family, each unit would have two; single-family, but
depending on how many bedrooms they had. There were four
positive responses for two rental contracts per seven days ,
not making the distinction between single-family and
multi-family.
MAYOR JONES : Jessica has a question.
COUNCIL LADY ABBOTT : I have, well , really a comment about
the parking. So, I might be in the
unique position of where I live next door to a Short-Term
Rental in Kempsville , believe it or not . And the parking is
the stress on my neighborhood, because they are very nice
people , I can tell you without a doubt , I 've had a very
positive experience with that Short-Term Rental , sometimes we
get a family who rolls up and it ' s a four-bedroom house and
they' ve got ten cars, and I 'm not kidding because this
happened last week. So, my concern with the parking is that
it ' s not per bedroom but rather maybe a square footage
guideline so that we ' re not - - I mean, the houses in my
neighborhood are small . They' re not - - just because the house
next door to me has four bedrooms , they' re four small bedrooms
- because my house is 1, 600 square feet . And I can park maybe
two cars in my driveway, and the neighbor could in his
driveway he ' s got like a little - - he might be able to put
three and not impact the cul-de-sac .
13
So, I really feel like the guidelines shouldn' t be per
bedroom. It should be per square footage of house or square
footage of bedrooms . I just , I don' t know. I 'm very
pro-Short-Term Rental , and being that I live next door to one,
I don' t know if it ' s on the books or not , but, and I 've had a
positive experience with it , that ' s just , that is the thing
that I hear my neighbors gripe about is when the cars fill up
the cul-de-sac .
CITY ATTORNEY: And it ' s one of the concerns that
we 've heard repeatedly from
communities who deal with this issue, and it ' s an enforcement
problem, too, because I think I said it the last time I was
with you all and we discussed all of this , those cars in your
neighborhood are probably all lawfully parked.
COUNCIL LADY ABBOTT : They are .
CITY ATTORNEY: You can' t call the Police and have
the Police come down and fix the
issue because they' re all lawfully parked. It ' s just an
annoyance to the community because they now have no place to
park. So, there does need to be a plan that takes into
account parking.
COUNCIL LADY ABBOTT: Maybe the square footage of the
onsite parking. I understand that
won' t work at the Oceanfront because there ' s basically no
onsite parking down there, but , I mean, in my neighborhood we
could figure that out for sure . I don' t know, I don' t know if
I agree . I don' t really agree with the parking part of that .
That was what I had sent back in a paragraph.
MAYOR JONES : Well , it just seems to me the basic
question that we first have to deal
with here is do we want a Short-Term Rental ordinance, and
once we decide whether we do or we don' t , then we can decide ,
start deciding, what ' s going to be in it . Unless we are
certain that a majority of the Council wants a Short-Term
Rental ordinance, we ' re just treading water here . So, I ' d
like to go around the table and find out whether a majority of
this Council thinks we need a Short-Term Rental ordinance .
COUNCIL LADY KANE : Just for discussion' s sake, so what
are the repercussions if we do have
one and what are the repercussions if we don' t have one? I
have a feeling we know what ' s happening since we don' t have
one .
14
MAYOR JONES : If you do have one, you' re going to
have some people who are going to be
very happy that you do, and you' re going to have some people
who aren' t . It ' s exactly the same the other way around.
COUNCILMAN MOSS : I ' d like to ask the lawyer a
question. Since we have a Zoning
Ordinance that says rentals in excess of 30 days are not
allowed in, say, R-10 , so let ' s just say there ' s a bona fide
documented, verified, Short Term Rental taking place in R-10
and we ' re doing nothing, can not the residents who live near
that because that ' s a nondiscretionary act go to the Circuit
Court and get a writ of mandamus directing the City to enforce
the City Ordinance since it ' s nondiscretionary?
CITY ATTORNEY: I think enforcement action is
generally viewed as discretionary by
the Courts, but there is an argument . Now, to answer the two
questions, more broadly, and I think I have said this before ,
I think that now that this issue has come to the forefront ,
your staff would tell you that if having considered it you
elect not to allow Short Term Rentals in some form, that the
staff is going to feel it ' s incumbent upon them to begin
enforcement . The other thing I 've got to say to you, though,
is our ability to enforce our own Zoning Ordinance in
Sandbridge has now been taken away by the General Assembly, so
we would be enforcing presumably everywhere else but in
Sandbridge . And you could theoretically say I don' t want a
Short Term Rental ordinance , but I will do a Home Share
ordinance and I ' ll allow the Home Shares, but I 'm not ready to
take action on the Short Term Rentals yet . If you did that,
then, again, I still think that our enforcement effort there
would be a lot lesser because how do we know whether the owner
is there during the rental or not? That would create an
enforcement problem. I don' t want to speak for Zoning and
Planning, but I think that would create another enforcement
issue for staff . Barry, I really shouldn' t be speaking for
your department .
PLANNING DIRECTOR: You are absolutely correct . Any time
we would have to go onto property
and - - well , in fact , we can' t . We couldn' t enter a house and
check if the owner was there, so we can' t do that ; correct?
Correct . So, it would be very difficult , I agree with you,
you are absolutely correct, it would be very difficult to
enforce those types of ordinances .
COUNCIL LADY ABBOTT : I have kind of a technical question,
and I don' t know if the answer
exists . From when we enacted the registration to today or
15
whatever day you want to put on it , have we seen the number of
registered Short Term Rentals -- I guess, we can' t say that
because obviously we had a -- when did we start registering
Short Term Rentals?
COUNCIL LADY WILSON: Almost two years ago, I believe .
COUNCIL LADY ABBOTT: So, let ' s just say in the last year
have we seen an exorbitant amount of
growth in how many Short Term Rentals are being registered?
CITY ATTORNEY: I think Phil , I think the
Commissioner would have to address
that . My sense of it is yes, but I haven' t looked at that
data.
COUNCIL LADY ABBOTT: I just wonder if maybe we 've already
hit the peak of how many rentals are
going to be registered.
CITY ATTORNEY: And the other side of that is also
the Commissioner has a paid
consultant now who is helping them identify Short Term Rentals
and then going out to them and getting them registered. So, I
would, Mrs . Abbott , I would say that definitely there has been
a significant increase in the number of registrations over the
last years but for a couple of different reasons .
COUNCIL LADY ABBOTT : Right , but we can' t measure how many
were already operating versus how
many were registering, and then from that data set how many of
those are new because people said, oh, I 'm going to start
renting my house short term, which, I mean, there is a trend
because people -- I get that call every day -- well , not every
day in my office, but I get it at least once a week saying I
want to do that, what does my insurance cover. But we have a
fixed amount of property that are going to be able to do that
anyway, and have we exceeded? I 'm just curious as to what our
capacity is from a theoretical level and how close we are to
hitting that .
CITY ATTORNEY: I 'm sorry, but that ' s a question I
can ' t answer.
CITY MANAGER: I ' ll take note and try to get the
Commissioner to respond.
MAYOR JONES : Kay, do you want to go on?
KAY WILSON: Yes, Sir. These are the elements
16
there were three or fewer positive
responses for, so this is really all over the place . Lots of
people didn' t answer some of these questions . On the date for
grandfathering, what date should be used. Yes, we want to
grandfather, but we don' t have a date . We don' t have
alterations . We don' t have some of the ways we would create
new Overlays . Maximum occupancy, there was a little bit if
dissension there . Rental contracts, probably put this in the
City Zoning Ordinance as it probably should be , City Code, got
one . Some of these with the asterisks are the alternatives .
COUNCILMAN UHRIN: Kay, can you back up to that one?
That ' s why I have a problem with some
of this, Mr. Mayor, is creating expectations of what our
enforceability is . And I think everybody around here agrees
the basic rules of governance for these is important, but the
enforceability of that, as we know, is far from instantaneous .
So, when there is a problem, even if it ' s someone who ' s
flagrantly disregarding whatever the reasonable set of rules
are that ' s agreed on this Council , the opportunity to give a
neighbor relief against that is pretty limited. So, just that
as a backdrop, my question is in terms of locating it as in a
City Ordinance or the City Code or Zoning Ordinance, Mark,
which gives us the faster relief against somebody who does not
comply, or are they the same? Are they just as equally
terrible?
CITY ATTORNEY: Well , they' re different . The timing
would be quicker outside the Zoning
Ordinance, but then you' re making, then you' re asking the
Police Department to enforce the civil law, and I 'm not sure
how that works either. So, if you ask me should this be in
the Zoning Ordinance or elsewhere in the Code as a legal
matter, I would say I understand why you don' t want it to be
in the Zoning Ordinance, but I would tell you that it fits
most cleanly in the Zoning Ordinance even though there are
difficulties enforcing it .
COUNCILMAN UHRIN: One softball would have been nice .
CITY ATTORNEY: Well , I 'm still waiting for it .
COUNCILMAN MOSS : I ' ll come back to the Mayor ' s initial
point, which I think is before we get
to here, your point was right , we can stay with the status quo
and where the Code doesn' t - - it doesn' t matter whatthe
regulations are, if- the Code doesn' t , the Zoning currently
doesn' t allow for it , the City just has to figure out if they
can establish that . That ' s not easy, but it ' s binary. You' re
either doing it or you ' re not , and then you can enforce it
17
because it ' s not about how many warnings you got or how many
this or that , because it ' s just not allowed, if we do nothing;
that ' s what I heard him say.
And if we do something, then every place where we do it , this
is why I wrote my letter I wrote back, it ' s really hard to
judge where to allow it until you first see not just what the
thing you would enforce is, but show me the enforcement
mechanism. If the enforcement mechanism isn' t realistic and
doesn' t deliver the outcome, then you strike it off the list ,
because why are you going to put that burden on the staff?
So, we ' re going to go in and check their house for fire
extinguishers? Probably not . Okay. Now, will their
insurance company be interested in that whether they' re
covered or not if they don' t have them? Yes , they will .
So, okay, we don' t have to worry about it because they' re
taking liability. If they don' t want to own their beach
house, they' re going to give it to the insurance company;
that ' s fine with me . So, you take that off . So, you start
walking down this list about what ' s really enforceable, and
you tell the public, you know, if you want this in your
neighborhood, whatever that is , just be aware these are the
four things we can do and here ' s the timeline each one of
those takes, and I think that ' s being frank with people .
That ' s being candid. You' re setting a reasonable expectation
on us , on the staff, and the thing that isn' t reasonable you
just leave it off and say because I 'm giving you a false
promise .
So, I think it comes back to my original point of where do
we -- is there an agreement upon where we don' t want to have,
like we want to do Home Share, I certainly think all of us to
Home Share were all in favor of that , so we could move forward
with that, I think. I don' t know if the majority of us think
we don' t want to have or we don' t want to allow it in Baylake
Pines and these R-10s where it ' s not established practice ; is
that kind of the belief if we think that ' s right? Okay,
that ' s another thing that ' s off the plate . We can kind of
codify where we ' re not going to do it . And now, what ' s the
answer for Croatan? What does John think about Croatan? What
does Louis think about - - you know, you all represent your
place . I think you should be going out there engaging, I know
you are engaging your folks , to see just what that is . I
think that ' s the value you bring to the table because you' re
closest to those constituents , and let ' s see what they think
when they realize what we can really do . -
These are the things that because we 've got a mechanism, we ' re
not just giving the Planning Commission an idea. We ' re
18
telling the Planning Commission this is what the City staff
says it ' s reasonable to expect someone to do and the timeline
that would take . We heard once was like, I think it was two
years to do something, I think, if I remember right . When you
went through all the steps and all the notifications, it was
two years . I think that ' s pretty close . And I think we just
ought to tell them that and then see what the appetite is from
the public when they' re really informed, and they might say,
you know, I prefer the wild, wild, west , you know, and don' t
do anything. That might be their answer. I 'm not saying it
will be, but I certainly have told you before I think we ought
to protect the neighborhoods like Baylake Pines or Fairfield
or College Park or Green Run where it hasn' t been an
established practice, grandfathering wherever that is for the
people who 've already got their thing, and now we 've just got
to figure out what to do with North Beach, not that that ' s
easy, and Old Beach and Croatan.
Let ' s take the pieces off the table so we know what cake is
still left , and I think we can be much more focused because
the Planning Commission is going to get better direction from
us about what we ' re willing to support . So, I ' d like to know
how many people around the table think we should have Citywide
as an entitlement which was a Planning Commission thing. I
don' t think anyone was , I don' t know who was saying that , but
if that ' s off the table, then it ' s everywhere, then I think
we ' re back to what I just suggested. Let ' s focus on where the
problem is .
MAYOR JONES : I 'm going to go around the table and
ask do you want an ordinance; that ' s
the first thing .
COUNCILMAN MOSS : I do.
MAYOR JONES : Jessica?
COUNCIL LADY ABBOTT : I don' t really honestly know how to
answer that question because I don' t
really agree with anything that ' s been put forward. That ' s
not to say I won' t , but as it stands now, I think I 'm going to
say no .
MAYOR JONES : Okay. Ben?
COUNCILMAN DAVENPORT: Yes .
MAYOR JONES: John?
COUNCILMAN MOSS : Yes .
19
MAYOR JONES : Bob?
COUNCILMAN DYER: No.
MAYOR JONES : Barbara?
COUNCIL LADY HENLEY: Well , we 've got them and they' re
problematic, so I don' t think we can
ignore it , so I think we probably do need an ordinance of some
kind.
MAYOR JONES : All right . I think we do. Jim?
VICE-MAYOR WOOD: Yes .
MAYOR JONES : Rosemary?
COUNCIL LADY WILSON: Yes .
MAYOR JONES : John?
COUNCILMAN UHRIN: Yes .
MAYOR JONES : Shannon?
COUNCIL LADY KANE : Yes , I , unfortunately, I think we do .
MAYOR JONES : Okay. So, we need an ordinance . So,
the next question is what do we want
in it, and we 've got a list of things here that have been sent
out to you. Did you have a comment, Mark?
CITY ATTORNEY: Well , I guess , the next question that
Mr. Moss asked might be the next
question. Is there a majority that ' s comfortable with the
Planning Commission' s recommendation that they be allowed
throughout the City? You can take that off the table quickly,
I think.
MAYOR JONES : Let ' s find out .
VICE MAYOR WOOD: Let ' s define that .
CITY ATTORNEY: They were By Right everywhere .
KAY WILSON: By Right everywhere . They did have
conditions attached to them pretty
much in the genre of those that you've done .
20
MAYOR JONES : I ' ll start on the other side .
Shannon?
COUNCIL LADY KANE : I think, if I own a property and I
want to do it and someone else can do
it, then, yes, I think so.
MAYOR JONES : John?
COUNCILMAN UHRIN: I don' t want to mess up your whole
tally. Just going to tell you that ,
no, I don' t think it should be allowed By Right everywhere
else, but I have a big problem with taking away the right that
someone has already had. I mean, I 've talked to a whole bunch
of people that are not big investors but have invested because
we 've allowed this use that they've counted on. So, no, I
don' t think it should be allowed throughout the City
without --
MAYOR JONES : We ' ll get to the details later.
COUNCILMAN UHRIN: Okay. Then did you put me down as a
yes or a no?
MAYOR JONES : Put you down as a --
COUNCIL LADY KANE : There ' s got to be stipulations . We
can' t just have a - -
COUNCILMAN MOSS : Ask the grandfather question first .
COUNCIL LADY WILSON: We ' ll do the grandfather question.
CITY ATTORNEY: If you allow them everywhere, you
don' t have to worry about
grandfathering.
COUNCIL LADY ABBOTT: Are we not allowing them everywhere,
it could be in the form of a CUP,
could be - -
COUNCIL LADY WILSON: Well , if you ' re doing it already, are
you grandfathered in; yes, or no?
KAY WILSON: It ' s the next question.
COUNCIL LADY WILSON: Well , let ' s do that question now.
KAY WILSON: Mr. Mayor?
21
COUNCIL LADY WILSON: We ' re going to do, let ' s do the
grandfathering question first .
MAYOR JONES : Beg your pardon?
COUNCIL LADY WILSON: Let ' s do the grandfathering question
first rather than - -
MAYOR JONES : You want to do the grand - - all
right .
COUNCIL LADY KANE : Strike my answer. Say yes if they' re
grandfathered, then yes, they should
continue to do this, in my opinion.
CITY ATTORNEY: Okay. So, we ' re asking the
grandfathering question now?
MAYOR JONES : We ' re asking the grandfathering
question.
VICE-MAYOR JONES : Can you define what grandfathering
is?
COUNCILMAN MOSS : I don' t think we have to specify the
date yet . Just saying if they' re
doing them now, they can keep them. That ' s how I look at
grandfathering.
COUNCIL LADY WILSON: If you' re doing it, you can continue
doing it .
CITY ATTORNEY: Let ' s say, if you ' re doing it and
you ' re registered by whatever date
you agree that you can do it , and then we ' ll pick a date
later .
COUNCIL LADY ABBOTT : Meaning, you' re paying your taxes and
you' re registered.
MAYOR JONES : All right . Starting again.
COUNCIL LADY HENLEY: May I ask a question? For example, I
keep getting these e-mails and so
forth of this one that ' s occurring in Lagomar that is just
- really problematic, and I don' t want- to grandfather something
- that ' s being just absolutely a problem. So, are there
qualifications?
22
VICE-MAYOR WOOD: Plus, there ' s one in Baylake or
Bayville .
COUNCIL LADY HENLEY: Do you have qualifications of when
it ' s grandfathered and when it ' s not?
Those folks are in misery.
COUNCILMAN MOSS : I think you have -- I don' t think - -
then you 've got to use your other
mechanisms of enforcement to rectify the problem.
COUNCIL LADY KANE : If they' re grandfathered, then you
impose whatever we ' re imposing after
that .
COUNCIL LADY WILSON: You can' t punish everybody because of
a few bad apples .
MAYOR JONES : All right . First , we ' re deciding
whether we ' re going to have
grandfathering or not . Shannon?
COUNCIL LADY KANE : I already answered that .
MAYOR JONES : Answer it again for me .
COUNCIL LADY KANE : Yes .
MAYOR JONES : Okay. John?
COUNCILMAN UHRIN: Yes .
COUNCIL LADY WILSON: Yes .
MAYOR JONES : Jim?
VICE-MAYOR WOOD: (Inaudible) .
KAY WILSON: I 'm sorry, Mayor. Mr. Wood, your
response is yes?
VICE-MAYOR WOOD : Yes .
MAYOR JONES : I 'm no . Barbara?
COUNCIL LADY HENLEY: I 'm still thinking . It just depends
on what- the regulations are .
VICE-MAYOR WOOD: See, that ' s where I am.
23
COUNCIL LADY KANE : That ' s where we go next .
COUNCIL LADY HENLEY: Yes , but if we ' re going to mix in
these regulations that I 'm not in
favor of , then I wouldn' t be for grandfathering it . Okay.
I 'm still thinking right now. Maybe .
MAYOR JONES : Bob?
COUNCILMAN DYER: I think it should be By Right .
Everybody can have it if they want
to. People should - - it ' s their property.
VICE-MAYOR WOOD: Assuming there is an ordinance, are
you in favor of grandfathering?
COUNCILMAN DYER: I tell you, I don' t think that should
be an option. I 'm saying no.
MAYOR JONES : Say that again?
COUNCILMAN DYER: No. I just think that people should
have a right to do what they want
with their property.
COUNCILMAN MOSS : Yes .
COUNCILMAN DAVENPORT: Yes .
COUNCIL LADY ABBOTT : Big yes .
MAYOR JONES : Somehow, I knew what your answer was
going to be . The vast majority say
yes . So, what was the second question?
KAY WILSON: Planning Commission, whether you all
wanted them to be a By Right use in
all of the City.
MAYOR JONES : Say that again?
KAY WILSON: Whether you wanted them to be a By
Right use throughout the City, the
Planning Commission version.
COUNCIL LADY ABBOTT: Should we break that out into Home
Sharing and then Short Term Rentals
since we ' re talking about both, are have we unilaterally
agreed that - -
24
COUNCIL LADY WILSON: I think we 've all agreed to Home
Sharing.
COUNCIL LADY ABBOTT: I just want to make it clear.
COUNCILMAN MOSS : This is is Short Term Rentals By
Right independent of Zoning.
COUNCILMAN UHRIN: Even though we all have, since it ' s
so muddy now to recognize that once
we allow the Home Sharing the enforceability of the other
becomes - -
CITY ATTORNEY: There are other, it will be
difficult, but there are other
communities that do exactly that , just allowing Home Sharing
only.
MAYOR JONES : Short Term Rentals is By Right?
KAY WILSON: Everywhere .
MAYOR JONES : Everywhere .
COUNCIL LADY KANE : With the stipulations .
COUNCIL LADY ABBOTT: With rules , right?
KAY WILSON: With some rules, yes . We haven' t
(inaudible) the rules yet .
COUNCIL LADY KANE : So, do we determine what , well ,
should we not determine those rules
before we figure out - - I don' t know.
COUNCIL LADY ABBOTT: I guess we see who ' s open to By
Right .
COUNCILMAN MOSS : Everyone has a right to change their
mind here . We ' re just trying to get
a frame of reference .
MAYOR JONES : With regulations , in other words ; is
that right?
CITY ATTORNEY: And with whatever regulations you =
- subsequently tell us .
MAYOR JONES : We ' ll start on the other end, now.
25
COUNCIL LADY ABBOTT : Yes .
CITY ATTORNEY: Everywhere By Right .
COUNCIL LADY ABBOTT: Yes .
CITY ATTORNEY: With regulations .
COUNCIL LADY ABBOTT: Yes .
COUNCILMAN DAVENPORT: I think we 've got to protect the
integrity of our neighborhoods . I 'm
a no.
MAYOR JONES : John?
COUNCILMAN MOSS : No.
MAYOR JONES : Did he say no?
VICE-MAYOR WOOD: Two nos .
COUNCILMAN DYER: Yes .
MAYOR JONES : Barbara?
COUNCIL LADY HENLEY: No.
MAYOR JONES : I 'm no . Jim?
VICE-MAYOR WOOD: No.
COUNCIL LADY WILSON: No.
MAYOR JONES : John?
COUNCILMAN UHRIN: No.
COUNCIL LADY KANE : Yes , as long as they' re following
regulations , whatever those might be .
MAYOR JONES : Seven nos and three - - eight nos and
two yeses . Eight nos and two yeses .
COUNCILMAN DYER: I know there were three yeses .
KAY WILSON: Seven to three .
CITY ATTORNEY: Three yeses . There were three yeses
I got .
26
VICE-MAYOR WOOD: Shannon, Bobby, and Jessica .
MAYOR JONES : Seven nos and three yeses .
CITY ATTORNEY: So, the obverse of that question is,
are they prohibited everywhere except
in Sandbridge and as grandfathered? I don' t know if you want
to ask that question or not, but if we ' re trying to rule
things out - -
COUNCIL LADY WILSON: Say that again?
COUNCILMAN MOSS : That ' s a good process of elimination
question.
COUNCIL LADY ABBOTT: Are they prohibited, other than the
Overlay and - -
CITY ATTORNEY: No, other than Sandbridge .
COUNCIL LADY ABBOTT : Other than Sandbridge .
CITY ATTORNEY: As required by State Law and as
grandfathered, which you 've already
said. So, no new ones anywhere in the City. You don' t have
to ask that question. I 'm just throwing it out there for you
to consider.
MAYOR JONES : Read it . Give it to me . We ' re
getting somewhere .
CITY ATTORNEY: So, are you in favor of prohibiting
them everywhere except as in
Sandbridge as required by the State and as grandfathered as
you 've already voted?
COUNCIL LADY WILSON: Why don' t you just say are you in
favor of creating other Overlay
Districts besides Sandbridge?
CITY ATTORNEY: Well , I mean, I think you get to
there, but I was just trying to take
it step by step so we incrementally knew what we were getting.
COUNCILMAN MOSS : I do like this approach. It _might
seem redundant , but I think clarity
is nice . -
MAYOR JONES : I think you' re right .
27
CITY ATTORNEY: I 'm sorry, I just --
MAYOR JONES : Word it for me again.
CITY ATTORNEY: Would you favor prohibiting them
everywhere except in Sandbridge
because the State Law requires it , you don' t have that
authority, and as grandfathered which you already said that
you wanted to do?
COUNCILMAN UHRIN: Which in essence would mean there
would be - -
CITY ATTORNEY: No new ones anywhere except
Sandbridge .
MAYOR JONES : Permitted everywhere - -
VICE-MAYOR WOOD: Prohibited.
MAYOR JONES : - - prohibited everywhere except as
permitted and grandfathered; is that
correct?
VICE-MAYOR WOOD: Sandbridge and grandfathered.
CITY ATTORNEY: And then the next question after that
would be do you want to do Overlays .
MAYOR JONES : Let ' s do this one first . Permitted
everywhere except --
VICE-MAYOR WOOD: Prohibited.
MAYOR JONES : - - prohibited everywhere Sandbridge
and grandfathered. Shannon?
COUNCIL LADY KANE : Start down there . I need to think,
please .
MAYOR JONES : All right . I ' ll start with Jim this
time .
VICE-MAYOR WOOD: No.
MAYOR JONES : Rosemary? -
COUNCIL LADY WILSON: No .
28
MAYOR JONES : John?
COUNCILMAN UHRIN: I 'm a soft no .
MAYOR JONES : Shannon?
COUNCIL LADY KANE : No new ones, take out Sandbridge, but
no new ones except for the
grandfathered ones . No.
MAYOR JONES : Except Sandbridge and grandfathered.
COUNCIL LADY KANE : No.
MAYOR JONES : All right . Jessica?
COUNCIL LADY ABBOTT: No.
MAYOR JONES : Ben?
COUNCILMAN DAVENPORT: No.
MAYOR JONES : John?
COUNCILMAN MOSS : No.
MAYOR JONES : Bob?
COUNCILMAN DYER: No.
MAYOR JONES : Barbara?
COUNCIL LADY HENLEY: No. I guess, we have to be fair .
CITY ATTORNEY: At least that ' s a question that got
unanimous support .
MAYOR JONES : Now, the next issue is the Overlays,
right?
CITY ATTORNEY: The next issue is do you - - so, what
that tells us is you have said no to
prohibit them everywhere and no to permit them everywhere , so
the implication is that you want CUPs or you want Overlays .
So, you need to ask those two questions . You can have both.
MAYOR JONES : We can have both. Let ' s do the
Overlays first separately, and then
we ' ll do the Conditional Use Permit .
29
COUNCILMAN MOSS : Then we can ask the question of
Overlays with Use Permits, because
that is a combo, that ' s a hybrid of the two.
MAYOR JONES : We ' re going to start with Overlays .
We ' re getting somewhere here, folks .
Barbara?
COUNCIL LADY HENLEY: I 'm agreeable with Overlays , but I
don' t want just a meeting that has 10
people show up deciding that that ' s who are going to get it .
I want an Overlay provided we 've got a good process that gives
us a good indication of what the neighborhood thinks , real
indication.
COUNCIL LADY WILSON: If they don' t show up, maybe they
don' t care .
MAYOR JONES : That ' s very conditional . Bob?
COUNCILMAN DYER: If it ' s better than a Conditional Use
Permit , yes .
MAYOR JONES : You' ll go with Overlays . John?
COUNCILMAN MOSS : Yes .
COUNCILMAN DAVENPORT: Yes .
MAYOR JONES : Jessica?
COUNCIL LADY ABBOTT : I have a - - my issue is that I feel
like it ' s not applying the rules
equitably across the City. And being in Kempsville, I think
the one brief we got , so there ' s like 300-some in my District ,
maybe less than that , that number might be totally inaccurate,
but I don' t like CUPs because I think that that ' s a really
difficult burden as a property owner. And I don' t
particularly care for the Overlay because I don' t think it ' s
fair, but I will yield to what the majority likes on that one .
That ' s my answer.
CITY ATTORNEY: So, that ' s another maybe?
COUNCIL LADY ABBOTT : That ' s I will yield to the majority
on that .
MAYOR JONES : Shannon?
COUNCIL LADY KANE : (Nods head) .
30
MAYOR JONES : John?
COUNCILMAN UHRIN: Mine ' s a yes, but I share Barbara ' s
concern about the mechanism by how we
define what those Overlays are .
COUNCILMAN DAVENPORT: I ' d like to clarify my yeses the
same .
VICE-MAYOR WOOD: Mark, didn' t you say with the Overlay
it had to, or was that the - -
COUNCIL LADY WILSON: Letters are going to be sent out to
everyone .
VICE-MAYOR WOOD: Right . So, it ' s not something done
by a Civic League . It ' s done by
sending out letters .
KAY WILSON: You send out the letters for
notification.
CITY ATTORNEY: You have to send letters of
notification before the Planning
Commission so people will have the chance to come and make the
arguments to you. But just like with granting an individual
CUP, it ' s, unless you create a new requirement , it ' s
ultimately your discretion whether to create it .
COUNCILMAN MOSS : What I would recommend as we go
through this, if that ends up being
the central tendency response, we would have some discussion
and then another set of questions to eliminate and establish,
so now we would just continue the same methodology, which I
think is good discussion, find out where the central tendency
is, then go to the next level of decomposition and have a
discussion and find out what the central tendency is .
MAYOR JONES : If we have a majority, yes , on
Overlays, we ' ll discuss how we ' re
going to apply it .
COUNCIL LADY ABBOTT: But we ' re not eliminating the
possibility for CUPs in the rest of
the City. -
CITY ATTORNEY: We haven ' t decided that .
MAYOR JONES : We haven' t decided CUPs yet . Let ' s
31
see, we 've got John last . Rosemary?
COUNCIL LADY WILSON: What ' s the question?
MAYOR JONES : Should we have Overlays?
COUNCIL LADY WILSON: Yes . There ' s so much discussion
in-between you kind of lose track.
MAYOR JONES : Jim?
VICE-MAYOR WOOD: Yes , with the same qualification of
Ben, Barbara, and John.
MAYOR JONES : And I 'm yes . So, we have one, two,
three, four, five, six, seven, eight
yeses , and three yeses were with we 've got to talk about how
we ' re going to apply them.
Now, Conditional Use Permits .
CITY ATTORNEY: What I think we mean by that just so
that I can put voice to be helpful ,
tell me to shut up at any time and I will abide by your
instruction.
MAYOR JONES : No, you' re doing great .
CITY ATTORNEY: But you' re saying CUPs in areas that
are not subject to an Overlay and are
not grandfathered already. The CUPs would apply in areas that
are not subject to an Overlay and are not already
grandfathered because they wouldn' t have to get a CUP.
COUNCIL LADY HENLEY: May I ask a question? At some time
in the past when we were discussing
this, we had some short discussion about whether a Conditional
Use Permit for Short Term Rentals had to be it goes with the
property and it ' s a forever thing or if there was a way to
make it a certain length of time?
CITY ATTORNEY: Conditional Use Permits traditionally
run with property.
KAY WILSON: It will run with the property and
that is something that by law it has
to do, but you all can set a time- limit on the Conditional Use
Permit . It will be for five years or it will be for three
years or it has to come back to you or it can be
administratively approved, but it will still run with the
32
land.
COUNCIL LADY HENLEY: So, if the property is sold, then it
automatically goes with the land.
KAY WILSON: Yes , ma ' am.
COUNCIL LADY HENLEY: Okay, but after that time period then
it ' s forever .
KAY WILSON: No. You could take a time period and
say every five years this has to be
renewed by coming back to City Council .
CITY ATTORNEY: Or it could be administratively
renewed and you could direct staff
that if there had been problems with this particular property
to bring it back to you for approval .
MAYOR JONES : Okay. Everybody understand what
we ' re asking? All right .
COUNCIL LADY KANE : Yes .
MAYOR JONES : Shannon' s yes . John?
COUNCILMAN UHRIN: Yes .
COUNCIL LADY WILSON: Yes .
MAYOR JONES : Rosemary, yes . Jim?
VICE-MAYOR WOOD: I honestly don' t know.
MAYOR JONES : I 'm yes . Barbara?
COUNCIL LADY HENLEY: I 'm yes, but I would like to see us
make a time limit with all of them
just as a standard thing.
COUNCIL LADY WILSON: I think time limit is a good idea.
MAYOR JONES : I agree with that . Bob?
COUNCILMAN DYER: No.
MAYOR JONES : John? -
COUNCILMAN MOSS : I said it before, once you go down
this road, a Conditional Use Permit
33
is in effect sweeping precedent setting By Right because you
can never justify saying no, so my vote is no.
MAYOR JONES : Ben?
COUNCILMAN DAVENPORT: Yes, with the stipulation for time
limits .
MAYOR JONES : Jessica?
COUNCIL LADY ABBOTT: I 'm going to go with no.
MAYOR JONES : So, we 've got one, two, three, four,
five, six yeses . One, two, three
nos, and one question mark. What ' s the final question?
That ' s it? Do you want to as far as the Conditional Use
Permits, can we ask one more question and put a time limit on
the Use Permits? Can we do that, Mark?
CITY ATTORNEY: Yes .
MAYOR JONES : All right . Jessica?
COUNCIL LADY ABBOTT: Five years .
COUNCIL LADY KANE : Yes or no.
COUNCIL LADY ABBOTT: Yes .
MAYOR JONES : Ben?
COUNCILMAN DAVENPORT: Yes .
MAYOR JONES : John?
COUNCILMAN MOSS : No, because I think judicially it ' s
meaningless .
MAYOR JONES : Bob?
COUNCILMAN DYER: Yes .
MAYOR JONES : Barbara?
COUNCIL LADY HENLEY: Yes .
MAYOR JONES : -I 'm yes . Jim?
VICE-MAYOR WOOD: Yes .
34
COUNCIL LADY WILSON: Yes .
MAYOR JONES : John?
COUNCILMAN UHRIN: Yes .
MAYOR JONES : And Shannon?
COUNCIL LADY KANE : Yes .
MAYOR JONES : Okay. We ' ve given some pretty good
direction as far as that ' s concerned.
Now, what do we need direction on?
CITY ATTORNEY: Well , now you've created the category
of what Overlays you want to approve
initially in addition to Sandbridge and what you want your
process to be, and then you have to then go through the
regulations that you want and don' t want for where they' re
permitted, I believe .
COUNCILMAN MOSS : The conclusion of that vote is where
there ' s not an Overlay District ,
Conditional Use Permits are available to everybody else .
KAY WILSON: Yes .
COUNCILMAN MOSS : Just wanted to make sure that got
captured.
MAYOR JONES : They have to come and apply for them.
COUNCILMAN MOSS : True, but it ' s still a fact .
COUNCIL LADY HENLEY: Could we kind of have just a synopsis
of all of this and then pick this up
at our next meeting to go through some of these other things
and give us time to get some feedback on what this process
might be and so forth?
KAY WILSON: Yes, ma ' am.
CITY ATTORNEY: Can I make a recommendation? Can I
recommend that you go ahead next week
and put on your Agenda the three alternatives that were
recommended to the Planning Commission and the Alternative
that came back and that you vote them all down and then you
can continue to talk about what ordinance that you want to -
refer back at a later date when you get to that point? That
would be my recommendation.
35
MAYOR JONES : Everybody agree with that? Anybody
object?
VICE-MAYOR WOOD: So, functionally, though, just so I ' m
clear, so in an absence of the
regulations then it ' s a status quo.
CITY ATTORNEY: Until , yes , I would say that it would
be status quo until we have however
many more meetings we need doing this process to get to an
ordinance you ' re ready to refer and get it back from the
Planning Commission and vote .
COUNCIL LADY HENLEY: It can' t go to the Planning
Commission until September anyway.
CITY ATTORNEY: So, you've got time to talk. I do
think this is helpful to staff . I
don' t know whether you found it as useful .
MAYOR JONES : It seems to me that if you can put
what we 've decided tonight together
that gives a foundation for making the rest of the decisions
as far as the regulations - -
CITY ATTORNEY: We will put something together that
interprets, puts to paper, what the
straw poll that you did tonight was and then what we see as
the next group of questions that you need to answer, and then
we ' ll come back and let you, if you choose, answer those .
MAYOR JONES : I think we are going to have to do
that because we 've done a good, I
think Council ' s done a good job tonight, giving some
direction. It might have been painful, but we 've made some
headway.
VICE-MAYOR WOOD: Just logistics of this because I fear
this may happen, if we determine the
grandfathering is going to be at a certain date, where do the
elements of securing your property - - the reason I ask that is
I 've had a number of people ask me that question, and for
example the property is not currently a Short Term Rental ,
it ' s a 12-month rental , for example, and they said, well , you
know, I may want to do this in the future, can I register and
do that . But if -they do that , then are they immediately
obligated to pay-Transient Occupancy Tax on a year-round
rental?
36
MAYOR JONES : That would be an interpretation for
Phil , I would think, Phil Kellam.
VICE-MAYOR WOOD: Right, but what I 'm saying is if
they - - so, how - - can they register
it if it ' s not an active Short Term Rental?
COUNCILMAN MOSS : I think the answer should be yes .
You have to be engaged in a business
to register. I don' t think that ' s true .
MAYOR JONES : Again, I think that ' s - -
CITY ATTORNEY: Well , you' d have to, you ' re assuming
a fact , and that is that just
registering would be your grandfathering test . I think the
way we originally proposed grandfathering is you had to
register and you had to register and you had to have paid TOT
on a Short Term Rental , and we could word it that way. So, if
you ' re already renting for less than 91 days , whether you' re
registered or not , you ' re supposed to pay it .
DANA HARMEYER: You' re supposed to collect it through
your patrons .
CITY ATTORNEY: Right .
MAYOR JONES : For the purposes of what you' re going
to draw up, let ' s interpret it that
way.
CITY ATTORNEY: So, it would be registered and paid
Transient Occupancy Tax on a Short
Term Rental by a date that will subsequently be decided.
COUNCILMAN MOSS : If they' re smart they' ll make it
January of this year.
CITY ATTORNEY: And you might do that, so people
should be aware that that doesn' t
necessarily - - that you can' t necessarily go out tomorrow and
do that and be assured that you' re in.
CITY MANAGER: The Commissioner provided a response
to Mrs . Abbott ' s questions . In June
of 2017 , 1 , 337 registered and an independent contractor had
165 properties under surveillance for determination. A year
later, this year, June of ' 18 , we had 2 , 017 registered and 145
under surveillance .
37
COUNCILMAN UHRIN: When did we pass the ordinance that
clarified that they had to register?
COUNCIL LADY WILSON: Two years ago.
COUNCILMAN UHRIN: So, ' 16?
CITY ATTORNEY: It was Fall of ' 16 , wasn' t it , Dana?
CITY MANAGER: End of the year.
DANA HARMEYER: Two of them. August of ' 16 , and then
we had the readopt last May/June .
COUNCILMAN UHRIN: But the first notice was the August
one .
DANA HARMEYER: Correct .
COUNCILMAN UHRIN: Of ' 16 .
CITY ATTORNEY: Right .
MAYOR JONES : Okay. You know what your direction
is, Mr. City Attorney?
CITY ATTORNEY: I know the next step along the path,
so, yes, Sir .
MAYOR JONES : Thank you.
(Whereupon, the discussion of this matter was
concluded. )
3
CITY MANAGER'S BRIEFINGS
QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE
5:17P.M.
Mayor Jones welcomed Tonia Alger, Stormwater Engineering Center Administrator—Public Works. Ms.
Alger expressed her appreciation to the City Council for their continued support:
ilt
- z
. . .---.---,, s . _--: _.,... _:__-______._ ±
e
QUARTERLY STORMWATER UPDATE
FLOOD CONTROL PROJECTS
TONI ALGER,P .-STORM WATER ENGINEERING CENTER ADMINISTRATOR
JUNE 26,2018
Here is an Overview of today's briefing:
U Aragona Drainage Improvements
,`;Central Resort District Drainage Improvements
D v Chubb Lake/Lake Bradford
L j Eastern Shore Drive Drainage
Sherwood Lakes Drainage Improvements
ITV Southern Canal/Lead Ditch&Culvert Improvements
i_:_ Stormwater Master Planning,Analysis and Inventory
� R Windsor Woods,Princess Anne Plaza,and The Lakes
D
Ashville Park Drainage Improvements—Phase I
June 26, 2018
4
CITY MANAGER'S BRIEFINGS
QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE
(Continued)
Here is an Overview of the Aragona Drainage Improvements with an estimated cost of$3.76-Million:
ARAGONA DRAINAGE
w IMPROVEMENTS,7-400
••,� J Neighborhood developed in
the mid 1950s
•r ❑ Storm drain improvements
to address severe roadway
•
flooding
J Project limits include the
...• - - area south of Haygood Road
•, - - - and west of Aragona Blvd.
Lam„ - Y'•n' and part of Overman
Avenue
Estimated Total Project Cost:$3.76M •
tY//
Here is an Overview of the second quarter activities:
ARAGONA DRAINAGE IMPROVEMENTS
SECOND QUARTER 2018 ACTIVmES
•Design ongoing,approximately 90%complete
•Phased project to accommodate funding
o Engineer's estimate exceeded funding
o Removed part of Overman Ave from initial phase
•Scheduled to advertise for construction in October 2018
•Construction is expected to take 15 months
June 26, 2018
5
CITY MANAGER'S BRIEFINGS
QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE
(Continued)
Here is an Overview of the Central Resort District Drainage Improvements with an estimated cost of
$113-Million:
tt CENTRAL RESORT DISTRICT
t DRAINAGE IMPROVEMENTS,
7-041
tj 7 Multi-phase project to
address severe roadway
flooding
•
.7 Ultimate improvements
include additional storm
drains,tide gate,pump
station&ocean outfall
•
7 Interim Projects
Replace existing 42"pipe
located under 24"Street with
box culvert or bridge,
estimated costSEM
c• Redirect approx.15 ac.from
21st St and Baltic Ave.to 16th
Estimated Total Project Cost:$113M;ETC$112.2M St.Pump Station;
estimated cost-515M
5
Here is an Overview of the second quarter activities:
CENTRAL RESORT DISTRICT DRAINAGE IMPROVEMENTS
SECOND QUARTER 2018 ACTIVITIES
•Negotiating a work order to begin design on the 24th Culvert
Replacement Project
June 26, 2018
6
CITY MANAGER'S BRIEFINGS
QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE
(Continued)
Here is an Overview of the Chubb Lake/Bradford Lake Drainage Improvements with an estimated cost
of$32-Million:
CHUBB LAKE/
LAKE
CHUBB CHESAPEAKE BAY BRADFORD LAKE,7-053
J Multi-phase project
BRADFORD J Storm drain improvements
LAKE - to alleviate roadway
flooding
J Additional stormwater
940tt.-°9346.
culverts under roadways
J Tide control devices such as
mechanized sluice gates
• NOFTMAM�ON'100 - J Stormwater management
• pond improvements
Estimated Total Project Cost:$32M;BTC:$24.4M J Channel and ditch clearing
Here is an Overview of the second quarter activities:
CHUBB LAKE BRADFORD LAKE
SECOND QUARTER 2018 ACTIVITIES
•Public Works continues coordinating with the Navy to open the weir
gate when major rain events are forecasted
•Public Works/Operations received permit to remove sediment from
ditch between Nider Boulevard and Boone Clinic culvert
o Dredging should begin in the next 60 days
•Navy provided ditch and culvert crossing information to Public Works
•Early Implementation Projects Underway
0 780 feet of ditch from the north side of Shore Drive north to Lake Bradford
01,150 feet of ditch from Pleasure House Road(north of Shore Drive)west to
Lake Bradford
June 26, 2018
7
CITY MANAGER'S BRIEFINGS
QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE
(Continued)
Here is an Overview of the Eastern Shore Drive Drainage Phase I, with an estimated cost of$83.2-
Million:
EASTERN SHORE DRIVE
cumcVat
.�„
DRAINAGE PHASE I,
02,
Phase I-Section I — / 7-151
J Multi-phase project
Lynnhat
Mores ,, J Phase I Sections I&II
Funded
_ # r J Flood control drainage
improvements
,,_, Phase I-Section II
J Improvements include
stormwater collection
a mP „ systems,tide gates&pump
.
•
a.o in stations
Pumn dump
s:a:,tD J Detailed Engineering
Stab,lE
Analyses to develop the
Estimated Total Project Cost$83.2M;BTC$27.1M specific program of flood
\.. control measures
9
Here is an Overview of the second quarter activities:
EASTERN SHORE DRIVE DRAINAGE PHASE I
SECOND QUARTER 2018 ACTIVITIES
•April 26,2018—Pre-Application Joint Permit filed with USACOE
•April/May 2018—Utility coordination meetings with HRSD and Public
Utilities
•May 11,2018—Coordination and Site Visit with Parks&Recreation,
Lynnhaven Public Marina Staff,and Coastal Engineering
•June 9,2018—Lynnhaven Colony Presentation,Phase I,Sections I&II
Proposed Improvements
June 26, 2018
8
CITY MANAGER'S BRIEFINGS
QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE
(Continued)
EASTERN SHORE DRIVE DRAINAGE PHASE I
SECOND QUARTER 2018 ACTIVITIES
•Cape Henry Canal Drainage Improvements design ongoing
o Box culvert from Ebb Tide Road to West Great Neck Road
o Side Street Outfall Improvements to Starfish Rd,Ebb Tide Road&Red Tide Rd
o Advertise for construction-September 2018
o Estimated Project Cost-$3M
o Provides an improved drainage outfall for the Shore Drive Corridor
Improvements-Phase III project(CIP 2-117)
•Parcel at Page Avenue for future pump station is being acquired as part
of the Shore Drive Corridor Improvements-Phase III Roadway project
o Appraisals are underway
Here is an Overview of the Sherwood Lakes Drainage Improvements with an estimated cost of
$3-Million:
SHERWOOD LAKES
DRAINAGE IMPROVEMENTS,
7-048
J Project to address severe
roadway and property
- flooding
:J Improvements include a
LI7.._ pump station with a pipe
connection between 2 lakes
J Temporary Pumping in
advance of rain event
Estimated Total Project Cost:$3M I
June 26, 2018
9
CITY MANAGER'S BRIEFINGS
QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE
(Continued)
Here is an Overview of the second quarter activities:
SHERWOOD LAKES DRAINAGE IMPROVEMENTS
SECOND QUARTER 2018 ACTIVITIES
•Ongoing—Lakes pumped down to elevation 3.0 in advance of
forecasted significant rainfall
•Design for pump station vault,lake intake pipe,outfall pipe,permanent
pump station and interconnect pipe is complete
•June 24,2018—Interconnect Pipe project advertised for construction
•Value Engineering underway for the Pump Station design
Here is an Overview of the Southern Canal/Lead Ditch & Culvert Improvements with an annual
appropriation of$1.39-Million:
SOUTHERN CANAL/LEAD
DITCH&CULVERT
} ICZ1
IMPROVEMENTS,7-024
f--- o Drainage improvements
to canals,lead ditches
and culverts in the
southern watershed
❑ Improvements may
include pipe/culvert
replacement,
ditch/channel clearing
Construction is timed to
avoid inconvenience to
the agricultural
community and residents
$1.39M/Year Allocated
u
June 26, 2018
10
CITY MANAGER'S BRIEFINGS
QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE
(Continued)
Here is an Overview of the second quarter activities:
SOUTHERN CANAL/LEAD DITCH&CULVERT IMPROVEMENTS
SECOND QUARTER 2018 ACTIVITIES
•Additional$990K allocated per year from Agricultural Reserve Program
FY19 Projects
• Dawley Road between Pleasant Ridge Road and ".
Gum Bridge Road(Beggars Bridge Creek)
o Pavement Overlay
o Excavate and Widen Ditches
• Pleasant Ridge Road west of Dawley Road
o Replace Culvert under Roadway
o Reshape and Regrade Ditches �_
o Relocate above ground utilities
SOUTHERN CANAL/LEAD DITCH&CULVERT IMPROVEMENTS
SECOND QUARTER 2018 ACTIVITIES
•Gum Bridge Road between Dawley Road
and Charity Neck Road _.,•_ _ __,;
o Road Improvements
o Culvert Replacement _ \
o Widen Ditches /
o Relocate Above Ground Utilities
If,
June 26, 2018
11
CITY MANAGER'S BRIEFINGS
QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE
(Continued)
Here is the Stormwater Master Planning, Analysis and Modeling Update on Schedule:
SWM MASTER PLANNING,ANALYSIS,AND MODELING
UPDATE ON SCHEDULE
•Lynnhaven River Watershed
o Watersheds 3—8 are complete
o Watersheds 30&31 to be complete by June 2018
o Watershed 1 to be complete by December 2018
•Atlantic Ocean Watershed
o Watershed 29 to be complete by December 2018
SWM MASTER PLANNING,ANALYSIS,AND MODEUNG
UPDATE ON SCHEDULE
•Elizabeth River Watersheds
o Watershed 2 to be complete by August 2018
o Watersheds 17-22 to be complete by February 2019
•Southern Rivers Watershed
o Watersheds 10 and 12 to be complete by June 2018
o Watershed 9 to be complete by August 2018
o Watersheds 11,13-16,&23-28 to be complete by August 2019
June 26, 2018
12
CITY MANAGER'S BRIEFINGS
QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE
(Continued)
Here is an Overview of the Windsor Woods, Princess Anne Plaza& The Lakes, Projects with an
estimated cost of$129-Million:
WINDSOR WOODS,PRINCESS
ANNE PLAZA&THE LAKES,
j - 7-028,7-050,&7-051
- - - Detailed Engineering
Analyses to develop the
specific program of flood
control measures
J Projects combined for initial
analysis
-'� -
J Analyses will Identify
Needed Improvements
Cost of the Improvements
c Implementation and
Phasing Plan
Environmental Permitting
IEstimated Total Project Cost$329M;erco$73M I Required
Here is an Overview of the second quarter activities:
WINDSOR WOODS,PRINCESS ANNE PLAZA&THE LAKES
SECOND QUARTER 2018 ACTIVITIES
• Design underway for Early
Implementation projects
o Club House Road
o Three FEMA Reimbursement Projects
• Preliminary Engineering AnalysisW
Nearing Completion
•Pump Stations Locations Analysis
Nearing Completion
•Created project brochure _ -
• Developed Preliminary Schedule
of Improvements -_
June 26, 2018
13
CITY MANAGER'S BRIEFINGS
QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE
(Continued)
WINDSOR WOODS,PRINCESS ANNE PLAZA&THE LAKES
SECOND QUARTER 2018 ACTIVITIES
•April 13,2018—Established a Visionary Planning Action Committee(VPAC)
• May 15,2018—Meeting with VDEM to discuss FMA Grant Pre-Application
• May 30,3018—Pre-Application Meeting with Army Corps of Engineers,
Department of Environmental Quality(DEQ)and VA Marine Resources
Commission(VMRC)on Thalia Creek Tide Gate
•June 11,2018—Integrated VPAC with the City's SGT 4 Revitalize
Neighborhoods Strategic Goals Team
•June 19,2018—Submitted pre-applications to VDEM for FMA Grant
•Attended the following meetings:
April 10,2018—Princess Anne Plaza Civic League Project Update
May 8,2018—Princess Anne Plaza Civic League Project Update
n
The next three (3)slides provide an Overview of three(3)projects being submitted for the FMA Grant:
FMA GRANT PROJECTS
CARRIAGE HILL ROAD AT KINGS ARMS DRIVE(PRINCESS ANNE PLAZA)
Sr*MON II•Ioneree
fir
Legend
• Swim m.
•
• Storm Ma•nae
wow Is•Carnage Ha Rd _ Estimated Total Project Cost:$641( J
June 26, 2018
14
CITY MANAGER'S BRIEFINGS
QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE
(Continued)
FMA GRANT PROJECTS
LAKE WINDSOR DRAINAGE IMPROVEMENT—THAUA GATE PROJECT
Permanent Gate
' at Thalia Crtek
Lake
Windsor
Mount
Trashnrore
Estimated Total Project Cost:$SM
EARLY CONSTRUCTION PROJECTS/FMA GRANT PROJECT
CLUB HOUSE ROAD DRAINAGE IMPROVEMENTS
y • Design in Progress
•
pant qd • Survey and Geotech work
underway
•
Complete Design—
- October 2018
•
Club House Rd - • Construction Start—
Drainage Improvements January 2019
• Acquisition Complete—
September 2019
$ eow creme
8§p Rxrea4on Lmlcran.
Goll Couw
Estimated Total Project Cost:$2M
June 26, 2018
15
CITY MANAGER'S BRIEFINGS
QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE
(Continued)
Here is an Overview of the three (3)FEMA Reimbursement Projects located in Windsor Woods:
EARLY CONSTRUCTION PROJECTS—FEMA REIMBURSEMENT PROJECTS
_,... . icor •r.°
....nee e•..Ey
J WkaYa Wo00s .waw ;•
: Flalllalllaly Sthoul .... g a
staer tau' r ,t 1" 3
TrWaeanE yWraear •..y�, °^.o ',n
x` k•c' erre..weel
,.. t a••. •• aptpaM .r ProJtwtl
Lake $4.2U
Trasnmore + • •
M �•�n y S Y
• 0. bora"
Project2 I
• Design in progress $946K e
•Survey Work Underway •'° a F •,t° •F
�
•Construction Start t'o, Wktdsor Oaks e4
o Project 2&3-January 2020 ^r FLmanVOy Stlrool »r _ •^'a a
Project 1-July 2020 . _ t`m.a °�• ,_:�` "��
This depicts the dredging projects in Windsor Oaks; Windsor Oaks West 1 and 2 are complete:
DREDGING PROJECTS
\.
Windsor Woods Canal
Windsor Oaks West 1
Windsor Oaks West 2
Windsor Oaks West 3 '
PbNpate Ditch
June 26, 2018
16
CITY MANAGER'S BRIEFINGS
QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE
(Continued)
Here is an Overview of the completed dredging projects in Windsor Oaks:
COMPLETED PROJECTS
-zy. WINDSOR OAKS WEST I,
After PR _ CIP 7-415.039
- e i y1
,. • Dredge 1,510-ft canal to restore
• original drainage capacity
' • 4,218 cubic yards of dredge
J. material removed
• • • Notice to Proceed—
11 June2017
' Construction Complete
Avg.Pre depth:0.8' • Total Project Cost—$700K
Avg.Post-depth:4.05'
COMPLETED PROJECTS
WINDSOR OAKS WEST II,
1011 , • CIP 7-415.039
' • Dredge 2,760-ft canal to restore
_ original drainage capacity
• ` ! • 7,053 cubic yards of dredge
material removed
Y � • Notice to Proceed—
/.1)$01' a':: _ July2017
4, • Construction Complete
Avg.Pre-depth:0.65'
• Total Project Cost—$675K
Avg.Post-depth:4.55'
June 26, 2018
17
CITY MANAGER'S BRIEFINGS
QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE
(Continued)
Here is an Overview of the active dredging projects; Windsor Woods Canal is expected to be complete in
July with an estimated cost of$2-Million:
ACTIVE PROJECTS
WINDSOR WOODS CANAL,
CIP 7-028.002
• , • • Dredge 4,100-ft canal to restore
Vii: • original drainage capacity
• Approximately 10,900 cubic
1' +t'rr{ •
yards of dredge material
• Notice to Proceed-
June 2017
• • Construction Complete-
t. ::+. July 2018
Avg.Pre-depth:3.1' • Estimated Total Project Cost-
Avg.Post-depth:5.2' $2M
'a,
Northgate Ditch is expected to be complete in July with an estimated cost of$2-Million:
ACTIVE PROJECTS
> NORTHGATE DITCH,
CIP 7-028.001
• • Dredge 6,000-ft canal to restore
J_r ,-. original drainage capacity
m - • Approximately 3,000 cubic
,,..f7"--;
%'� yards of dredge material
fes' • Notice to Proceed-
May 2017
-."'l*•.• • Construction Complete-
• " ' • July 2018
* Avg.Pre-depth:1.5' • Estimated Total Project Cost-
Avg.Post-depth:4.4' $2M
June 26, 2018
18
CITY MANAGER'S BRIEFINGS
QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE
(Continued)
Windsor Oaks West III is expected to be complete in July 2019 with an estimated cost of$625,000:
ACTIVE PROJECTS
me WINDSOR OAKS WEST III,
• F" CIP 7-415.039
• Dredge 2,150-ft canal to restore
original drainage capacity
• Approximately 3,000 cubic
yards of dredge material
- • Begin Construction-
October 2018
• Construction Complete—
I • July 2019
,. "► • Estimated Total Project Cost• —
* .� c � $625K
Here is an Overview of the Windsor Woods, Princess Anne Plaza & The Lakes Preliminary Concept
Plan:
WINDSOR WOODS,PRINCESS ANNE PLAZA&THE LAKES
PRELIMINARY CONCEPT PLAN
•Construction of Barriers/Gates to Block Incoming Tides
•Construction of Stormwater Pumping Stations
•Additional Lake Storage Capacity
•Additional Retention/Storage Lakes
•Increase the Stormwater Conveyance Capacity
June 26, 2018
19
CITY MANAGER'S BRIEFINGS
QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE
(Continued)
WINDSOR WOODS,PRINCESS ANNE PLAZA&THE LAKES
PRELIMINARY CONCEPT PLAN
I.
- WINOIORTATION WOOD$ POTENTIAL NORTH
LookWOO S $ MOP STATION
►ar. Shifter -T1O1 LOCATION
POTBITIAL Isar
wroatrea
. RETENTION rowo$
houa�RaNonagale Plaza Of
BW Plaids if
4•
•
POTENTIAL SOUTH
PUMP STATION
...:. Av
Here is an example of a City Stormwater Pump Station:
EXAMPLE CITY STORMWATER PUMP STATION
•
•
i / 1
j•, • 1 I XF
y
ee
June 26, 2018
20
CITYMANAGER'S BRIEFINGS
QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE
(Continued)
Here is an example of a City Tidal Flood Gate:
EXAMPLE CITY TIDAL FLOOD GATE
'nom NV
Here is an Overview of the Ashville Park Drainage Improvements-Phase I with an estimated cost of$11-
Million:
ASHVILLE PARK DRAINAGE
Y x. --,. IMPROVEMENTS—PHASE!
s dwii. s.'?
`'• J 047
ane
t %vittip J 3 new Stormwater Ponds
_ fr '-sf-j,. - q J Expand an Existing Pond
.j .� ; - f+ J Channels Connecting Ponds
.10
+ter, `± ,,� -+ 4 4.,��. J Regrade and Stabilization of
v 1 i / id to ` -� Existing Ditches
,i
. it. .---;-r-7:....._-_,ems.* „,k.-4.„..... a ' ❑ Stormwater Pump Station
L:�. r i J Gated Control Structure at
•.�.', �,;, - ` IM , 4” Existing Outfall(Flanagans
rte''-. Lane)
j ,�.- � - / J Ditch and Culvert
`s: ., Improvements at New
Estimated Total Project Cost:$11.1M Bridge/Sandbridge Road
Intersection
j)
June 26, 2018
21
CITY MANAGER'S BRIEFINGS
QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE
(Continued)
Here is an Overview of the second quarter activities:
ASHVILLE PARK DRAINAGE IMPROVEMENTS
SECOND QUARTER 2018 ACTIVITIES
•Ongoing—Pump down the lake system prior to significant storm event
•April 2,2018—30%plans received
•April 16,2018—30%pump station plans received
•April 20,2018—Installed a static elevation gauge in Flanagans Ln ditch
•April 24,2018—Staked 150-ft Buffer at BMP#6
•April 24,2018—Obtained Right of Entry to construct the weir
•April 25,2018—Bids opened for the weir project
o Rates Being Negotiated
o Construction expected to begin in July
ASHVILLE PARK DRAINAGE IMPROVEMENTS
SECOND QUARTER 2018 ACTIVITIES
•April 27,2018—Draft Term Sheet for CPA provided to Council
• May 1,2018—City Council briefing by Barry Frankenfield&Tom Leahy
• May 2,2018—Met with homeowners along Flanagans Lane
• May 10,2018—Met with Fish&Wildlife
•June 19,2018—City Council briefing by Tom Leahy on the CPA
•June 20,2018—Met with the Developer to discuss revisions to the CPA
June 26, 2018
22
CITY MANAGER'S BRIEFINGS
QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE
(Continued)
Ms.Alger then turned the brief over to Thomas M Leahy, Deputy City Manager, to discuss the update on
the Ashville Park Cost Participation Agreement:
1 ��tf1en
Ashville Park Drainage
Improvements
Phase I
City Council Information Briefing-June 26,2018
Thomas M.Leahy,Deputy City Manager
Here is an Overview of the Ashville Park Modification of Proffers Request:
Ashville Park Modification of Proffers Request
Recommended by Planning Commission and staff in
2015 and deferred by City Council until July 3, 2018
1. Request to transfer units amongst Villages B,C,D,&E
•Village C: 98 lots- 116 lots
• Recover 5 lots that were never constructed in Village B
•Village D(+3 lots),Village E(-16 lots)
2. Request to modify lot sizes in Villages C,D,E
11111===gr Warr -711111
Number Lot Width Minimum Number Lot Width.. Minimum..
Units In Feet Lot Size Units In Feet Lot Size
Village C 98 100 20,000 SF 116
120 45 at 18,000 SF
90 71 at 13,500 SF
Village D 41 100 12,000 SF 44 80 12,000 SF
Village E 56 100 12,000 SF 40 100 20,000 SF
Total Units 195 200
June 26, 2018
23
CITY MANAGER'S BRIEFINGS
QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE
(Continued)
Here is an Overview of the Current Proposal for the Ashville Park Cost Participation Agreement:
Ashville Park Cost Participation Alternatives
Option Current CPA
Proposal 1
Village C Lots(It) 116 r
Lot Modifications Yes
Developer Cort Share $3 IM
City Cost)excluding ROW) $8.0M
City Cost for BMP 10A $0.4M
City Cost tor other ROW $0
City ROW Cost-Total $0.4M
SW Credits to City $2.1M
Existing Lots Villages A/B 299
Lots In Village 116
Lou in Village 44
Lou in Village E 40
Total Lots in Ashville Park 499
Cost Shure on Favorable Bids 50/50 after first SIM
Construction Schedule 4/19-6/20
Here is a comparison of the Current Proposal for the Ashville Park Cost Participation Agreement and
Proposal 2:
Ashville Park Cost Participation Alternatives
Option
Current CPA
CPA Proposal 2
Proposall ,'�,
Village C Lots(B) 116 98
Lot Modifications Yes Yes'
Developer Cost Share $3.1M $0
City Cost)excluding ROW) $B.OM S11.1M
City Cost for BMP 10A $0.4M $0
City Cost for other ROW $0 $0
City ROW Cost-Total $0.4M $0
SW Credits to City $2.1M $2.1M
Existing Lots Villages A/B 299 299
Lou in Village C 116 98
Lou in Village 44 44
Lou in Village E 40 40
Total Lots in Ashville Park 499 481
Cost Share on Favorable Bids 50/50 after first$1M 90%to City
Construction Schedule 4/19-6/20 4/19-6/20
•Fewer lots would result in some larger lots and more open space o Vilbge<
June 26, 2018
24
CITY MANAGER'S BRIEFINGS
QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE
(Continued)
Here is a comparison of the Current Proposal for the Ashville Park Cost Participation Agreement, and
Proposal 2 and 3:
Ashville Park Cost Participation Alternatives
Option
Current 0,A CPA Proposal 2 CPA Proposal 3
Raoul l
Village C Lots lis 116 98 116
Lot Meditations Yes Yes• Yes i
Developer Cat Shen $3.1M $0 $0 i
City Cat)excluding ROW) $8.034 $11.1M $11.1M
City Cod for BMP 10A $0.4M $0 $0
Clly Cost for other ROW $0 $0 $0
City ROW Cost-Total $0.4M $0 $0
SW Credo to City $2.1M $2.1M $2.1M
Existing Lots Vileges A/B 299 299 299
Lob In VllbgeC 116 98 116
Lob In Vilhge D 44 44 0
Lob In VIII4es E 40 40 40
Total Lob In Ashville Park 499 481 455
Cost Shan on Favorable Bids 50/50 after first$1M 90%to City 90%to City
Construction Schedule 4/19-6/20 4/19-6/20 4/19-6/20
•Fearer ion read malt n some rarer ion and mom open opera in Year C
Here is a comparison of all Proposals for the Ashville Park Cost Participation Agreement:
Ashville Park Cost Participation Alternatives
nt No Cost
Option CPAC Propoossl CPA Proposal 2 CPA PropEtsal3 Partkipetbn
Village C Lets(IR 116 98 116 98
Lot Modifications Yes Yes• Yes No
DwNoper Cost Shan $3.1M $0 50 $0
City Cost(excluding ROW) 58.0M $11.1M $11.1M $13.4M••
City Coot for BMP 10A 50.4M $0 $0 TBD
City Cost for other ROW $0 $0 $0 TBD
City ROW Cat-Total $0.434 $0 $0 TBD
SW Credits to Clty 52.1M 52.1M $2.1M TBD
Existing Lob Villages A/B 299 299 299 299
Lob In Village C 116 98 116 98
Lots In Village0 44 44 0 41•••
Lob In Vllbge E 40 40 40 56
Total Lots In Ashville Park 499 481 455 494
Cost More on Favorable Bids 50/50 after first$134 90%to City 90%to Coy N/A
Construction Schedule 4/19-6/20 4/19-6/20 4/19-6/20 7/19-7/21
•Smaller lots would recon in more open some n 11.11.C
••Consomtion cost Mew doe to offsite disposal for excavated material
•••Existing lot restrictions conflict wilt IMP 108 construction
June 26, 2018
25
CITY MANAGER'S BRIEFINGS
QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE
(Continued)
Questions?
Mayor Jones expressed his appreciation to Ms. Alger and Mr. Leahy for the informative presentation.
June 26, 2018
26
CITY MANAGER'S BRIEFINGS
VDOT SMART SCALE
6:40 P.M.
Mayor Jones welcomed Katie Shannon, Transportation Project Support Manager—Public Works. Ms.
Shannon expressed her appreciation to the City Council for their continued support:
City Council Briefing
June 26,2018
tit
Katie Shannon,P.E.
Public Works/Engineering
Transportation Project Support Office Manager
Here is an Overview of Smart Scale:
1111.11111111111
What is SMART SCALE?
• System
• Management,and
• Allocation of
• Resources for
• Transportation
June 26, 2018
27
CITY MANAGER'S BRIEFINGS
VDOT SMART SCALE
(Continued)
Smart Scale is a VDOT Program that prioritizes transportation projects to ensure the best use of
limited tax dollars:
SMART SCALE
•VA General Assembly Passed Legislation on
April 6,2014
• Data Driven Scoring and Prioritization Process
to Select Transportation Projects
• Projects are Screened 4 Scored 4 Prioritized
• Transparent to the Public
3
Here is an Overview of the Smart Scale—Round 3:
SMART SCALE — Round 3
• Application Period-4 March i',2018-August i'',2018
• Project Scores and Recommended Funding Scenario Released 4
January,2019
• FY24&FYz5 Funding
• $800M to siB Funds Available(2 year period)
• SMART SCALE Projects are"Federalized"
• Biennial Schedule
SMART
SCALE
June 26, 2018
28
CITY MANAGER'S BRIEFINGS
VDOT SMART SCALE
(Continued)
Here is the Smart Scale Round 3 Schedule:
SMART SCALE Round 3 - Schedule
SMART Portal Opened-March 1st
0 City Council Friday Package-SMART SCALE
Candidate Project Memorandum -April 27th
0 Pre-Applications Submitted-June 1st(4 applications)
❑ City Council Briefing-June 26th
❑ City Council Resolution of Support Agenda Item-
July 10th
❑Applications due-August 1st
5
Each project is evaluated using six(6)weighted measures with congestion being the most significant
factor:
SMART SCALE — Project Evaluation
• 6 Weighted Evaluation Measures(Category A)
•Congestion-45%
20%
•Economic Development-5%
logy •Accessibility-15%
■Safety-5%
5%
•Environmental Quality-io%
5% ■Land Use-2o%
June 26, 2018
29
CITY MANAGER'S BRIEFINGS
VDOT SMART SCALE
(Continued)
Rounds i & 2 Summary
Here is an Overview of the Statewide Awarded Projects for Round 1 and 2:
Statewide Awarded Projects
Round is Round is
Total No.of Applications Submitted-321 Total No.of Applications Submitted-436
Total No.of Applications Scored-287 Total No.of Applications Scored-404
Total No.of Projects Awarded-163 Total No.of Projects Awarded-247
Range of No.of Apps %of.Apps A.g.Total Range of No.of Apps ",
of Apps A.G.Total
Leveraged sri Funds I wF
!Funds Project f.everaged w.I rinds s.I Project
Funds Leveraged I Leveraged Cost Funds I.estraged I.e.eraged Cos(
o% 93 57% 95-7M o% 86 59% 937M
<a5% 28 17% 913.4M 0 05% m 4% 9u.6M
25%-5o% t7 10% 919.8M u5%-50% t8 u% 94.7M
50%-75% 4 9% $69.8 M 5o%-75% .6 u% 0.9.1M
>79% u 7% 993-9M >7536 6 4% $.71.7M
8
June 26, 2018
30
CITY MANAGER'S BRIEFINGS
VDOT SMART SCALE
(Continued)
Here is an Overview of the Smart Scale Allocations for Round 1 and 2:
VB SMART SCALE Allocations - Rounds 1 & 2
Total SS Local Ponds 'SSScore 'SS Score
1 Project Award Leveraged (Awarded) w/o%
Cost/BTC Leveraged
Round,(163 Projects)
(#95)Centerville Turnpike Phase III(July aoaa) S3oM $6M Ea4M(8o%) 3.55 0.75
(3r24)Laskin Road Bridge(January 20E2) E22M EroM EraM(55%) a.0 o 37
(#rho)Indian River Road Phase VII-A(July soot) E36M E2oM Sr6M(44%) 0.63
Round a(147 Projects)
(05o)Indian River Road Phase VII-13(July non) $u.4M E5M 56.4M(56%) s7.67 7.73
(#57)Cleveland Street Phase IV(July 2623) Ea3.6M sroM E13.6M(58%) 9.45 5.69
(#,o8)Laskin Road Phase I-A(January 2o59) Ea9M E,5M ar4M(48%) 6.30 3.26
Total S,5aM 566M s86M(56%)
'Lowest Awarded Score:Round 1:0.47;Round 2:0.87
9
Round 3 Applications
_._....._.__a
June 26, 2018
31
CITY MANAGER'S BRIEFINGS
VDOT SMART SCALE
(Continued)
Eight(8)projects were submitted for Round 3 with four(4) chosen as "strong candidates":
Project Selection
• 8 candidate projects were • Laskin Road Phase III-Republic Road to Phillip Avenue
identified and evaluated • First Colonial Road-Republic Road/Laurel Lane to Old
for submission for the Donation Parkway
SMART SCALE Round 3 • General Booth Boulevard-London Bridge Road to Nimmo
Application Process Parkway
• General Booth Boulevard and Oceana Boulevard
• The projects were Intersection
screened using the SS • Newtown Road-Baker Road to Virginia Beach Boulevard
Round 3 evaluation • Holland Road-Independence Boulevard to Rosemont Road
criteria and analyzed for • Independence Boulevard-Northampton Boulevard to
feasibility and priority. g Haygkin Roadood Road
• LasPhase I-B and Phase II combined-Red
projects were chosen as Robin Road to the 3oth/3r^Street split
strong candidates
The next two (2)slides provide an Overview of the Laskin Road Phase III(Republic Road to Phillip
Avenue)with a total cost of$31.5-Million:
Laski : . . . ' • . -
lad in Rd
Phase III ,- A.
a O.
- .
®•P 4 ' ; 'IMAAM
.._ ”
June 26, 2018
32
CITY MANAGER'S BRIEFINGS
VDOT SMART SCALE
(Continued)
Laskin Road Phase Ill
CIP 2-146
• 6-lane divided roadway
Ilir,lk, k,„'- from Republic Road to
1 ► • Philip Avenue
fL,t.F
g.•,,,..-,- l',.' •• � {i ` , ' • 0.7 miles
r } • Remove Existing
t j br 4 -:— Service/Feeder Roads East
L `+ of Regency Hilltop
p.,-- •i°tt,, ,n% i • Approved NEPA
1', •, ' - • Limited ROW Acquisition
required due to removal of
Total Project Cost:$31.5M Service/Feeder Roads
Here is an Overview of the First Colonial Road(Laurel Lane/Republic Road to Old Donation Parkway)
with a total cost of$52-Million:
-------IPColonial Road
1„, ,: - Bach
4 " 4 n:. • as fro t
• 6-lane divided roadway from Laurel Lane/
Republic Rd to Old Donation Parkway
• i mile
Total Project Cost: • Replacement of 5 Traffic Signals
$52M • Bike Lanes&Shared Use Paths
• Site Acquisition and Major Private Utility
Adjustments Required
June 26, 2018
33
CITY MANAGER'S BRIEFINGS
VDOT SMART SCALE
(Continued)
Here is an Overview of the General Booth Boulevard(London Bridge Road to Nimmo Parkway) with a
total cost of $20-Million:
General Booth Boulevard
• 6-lane divided roadway
` > from Nimmo Parkway to
I '- London Bridge Road
:'t+► 'a • 0.4 miles
• Reconfigure Southbound
Right Turn Lane at Nimmo
J a Parkway Intersection
41/444406h•penllNrw"� �.�,�.m„ �_�`� � • Bike Lanes&Shared Use
"c•• Path
• Widen within Existing
Total Project Cost:$2oM Median-Limited Site
Acquisition Required
.5
Here is an Overview of the General Booth and Oceana Boulevard Intersection with a total cost of$4.1-
Million:
111111111111111.111111111111
General Booth Blvd/Oceana Blvd Intersection
k • Combination of 2 Conventional
--7. Intersection Improvements
-.'' 7 4 ' ' • General Booth Blvd-
• Add a 3'd Through Lane
_ i,, (southbound)
• Oceana Blvd(eastbound)-
• Remove existing free-flow Right
Turn Lane
- -+;;- • Convert Existing Throu &Right
Turn Lanes to Dual Right Turn
CMG= Lanes Controlled by the Signal
• Existing Left Turn Lanegwill be
Total Project Cost:S4.1M Through&ft Reconfigured
oTuof gored as a
June 26, 2018
34
CITY MANAGER'S BRIEFINGS
VDOT SMART SCALE
(Continued)
Here are the Funding Strategy Recommendations:
p :Imiminw
Funding Strategy Recommendations
• Recommend io%-2o%Local Funds Commitment
• 73.5%of Awarded Projects in Rounds i&2 Leveraged between
o%-25%of"Other"Funds
• FY24&FY25 Local Funds
Total Project SM.ARI SC AI.I. I Funds
Cost Request Cunun:intent
Laskin Road Phase BI Sy-5M Sa5.8M MIM(t8%)
Fust Colonial Road SSsM See-ski s7.8M(t5%)
General Booth Boulevard SaoM M8M SIM(to%)
General Booth Blvd/Oceans Blvd 4..M $36M s5ooK(ts.a%)
Intersection
Total Sso7.6M $qu.6M sr6M(s 5%)
p
A Resolution of Support for the four(4)projects will be considered by City Council on July 10th:
Recommendation
• No specific action required today,however a
City Council Resolution of Support
committing local funding for the four(4)
projects will be required at July 10th City
Council Meeting
tit
June 26, 2018
35
CITY MANAGER'S BRIEFINGS
VDOT SMART SCALE
(Continued)
Mayor Jones expressed his appreciation Ms. Shannon for the informative presentation.
June 26, 2018
36
CITY MANAGER'S BRIEFINGS
INTERIM FINANCIAL STATEMENT
6:59 P.M.
This brief was re-scheduled due to a lack of time.
June 26, 2018
37
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
7:00 P.M.
Mayor Jones welcomed Carolyn Smith, Planning Administrator and Jimmy McNamara, City Planner.
Ms. Smith expressed her appreciation to the City Council for their continued support:
I
Virginia Beach
Planning Items
"' p.,— July 3rd &July 10th
u �il�.
d sow--- City Council Meetings
4 r• jilt
There are three (3)Planning Items scheduled for July 3'd:
SUMMARY — July 3rd
3 Planning items scheduled for City Council's consideration
1.City of Virginia Beach—Beads District .. O•
• Alternative Compliance(Build-to requirement In Oceanfront Resort District Form Based
Code for Sports Center)
2. City of Virginia Beach aw.,....
.
• Short Term Rental Ordinances 11� '
3. HOFD Ashville Park,LLC—Princess Anne District I-'""7- ae.,,
• Modification of proffers
?I:—
Ru /i�
L
June 26, 2018
38
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
(Continued)
City of Virginia Beach Agenda Item
Council District Beach
111
Location South of 19"Street,East of N.Birdneck Road,extending South to 17"Street,Beyond Parks Avenue
y_ Cyt*. ��+1f t ,f. 1 pp w ,,
kJ. _ ,.._ _ 0..
0. \
C f ,
..
„,.....:.....,,, ..___ .. .
rr
emk-,-- --:ifi°J„..-- T .y;r �, x. - /i _.....
z . i!'v`.ahY• C' 13�t 4 '1-°'
-� t i „,,,.....:,„__.
cc {. S
,.....,,,.. __,/,,..,,, .,....s.,.,-, . :-..., ,'
z..,..._ . --..tittt---s `I�. l ; cR (� uf --kat:. tf.7 0.
Alternative Compliance
Staff recommends Approval
Planning Commission voted 10-0 to recommend Approval
City of Virginia Beach
I
, *r „ik...7,
z e
__, ist.,„,,,
4 r
• 285,000 square-foot Sports Center
• Does not meet the FBC"build-to"requirement for a Civic Building on a Gateway
frontage(building must be between 5&35 feet from the right-of-way line for at least
50%of the site's street frontage)
June 26, 2018
39
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
(Continued)
City of Virginia Beach Agenda Item
12 1
1
Short Term Rental Ordinances
HOFD Ashville Park, LLC Agenda Item
Council District Princess Anne
Location Ashville Park Boulevard 3
,-,....„-_ v,,,,,,-.77,,ir 14 --74,N4-64,-...,;, .
,..
s�} i. -_
/ moo,,;; 1
2s -r"1i�/y�
jt . • ',m,,,,;‘, 14._••••41.- i
';'? . '* ^=a- '. .. .,- ''. '.:.' ' 2'7/ ',lir
Modification of Proffers
Staff recommends Approval
Planning Commission voted 10-0 to recommend Approval
June 26, 2018
40
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
(Continued)
HOED Ashville Park,LLC
E Mt
11111
• v..iik�, Y a
• Deferred by Council at the June 19th public hearing
• Cost participation agreement between City and developer for drainage improvements
• More open space acreage with expanded lakes
• No additional dwelling units requested
There are seven (7)Planning Items scheduled for July 10`'1:
SUMMARY - July 10th
7 Planning items scheduled for City Council's consideration
1.1&B Design,Inc.—Beach District
• Conditional Use Permit(Tattoo Parlor) 7p+vae Y a+'2^
2.The Lash CEO,LLC—Rose Hall District ar.
• Conditional Use Permit(Tattoo Parlor) S]i
3.Nina&William Gilbert—Princess Anne District l•"'°�•""`� ...�a.�
• Conditional Use Permit(Residential Kennel) Vr, __•
4.Enoch Baptist Church—Kempsville District
• Modification of Conditions
5.John S.&Karen S.Waller—Beach District t i
• Conditional Rezoning(AG-1&AG-]to Conditional 0.10)
6.Halle Properties,LLC—Beach District
• Conditional Use Permit(Automobile Repair Garage) ''-"" -
7.St.Luke Catholic Church—Princess Anne District k
• Modification of Conditions
June 26, 2018
41
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
(Continued)
J & B Design, Inc. Agenda Item
Council District Beach
Location 3157 Virginia Beach Boulevard
GK . S
...„. „ _
.._, ‘_..._ y_. .
,,,, ...„ ,, ,,..., _, \
.tyres tr., ..
IF Yom" .. I`' ') 1 1
Conditional Use Permit(Tattoo Parlor)
Staff recommends Approval
Planning Commission voted 10-0 to recommend Approval
1&B Design,Inc.
• 1.24 acre site within the Frances Land
House Historic&Cultural District 0''' Ai.\.
• 3,000 square foot unit to contain nine work a
spaces for tattoo artists,and an art gallery - r
• Artwork from the local,national,and ®�®
international artists level will be
showcased in the shop as part of a gallery ( I
1 , .4- _ _
oma `\
June 26, 2018
42
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
(Continued)
The Lash CEO,LLC Agenda Item
Council olstrict Rose Hall
Location 1060 Lynnhaven Parkway 2
PkWrita\
Zt ai Cyt lQ#a G1J 04• ‘
01.i.,.-'.--;'-: t-::\', . -,,,,,t., pitk\.,,,,,,„) .A. ,
',Ivory qf
a „ � ►.:dt
A
Conditional Use Permit(Tattoo Parlor)
Staff recommends Approval
Planning Commission voted 10-0,to recommend Approval
The Lash CEO,LLC
F
• Applicant desires to offer permanent
makeup services,known as microblading
• No changes to the exterior of the
building proposed,other than signage -
abovethe entry _
THE LASH CEO
a beauty studio
June 26, 2018
43
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
(Continued)
Nina & William Gilbert Agenda Item
Council District Princess Anne
Location 5716 Blackwater Road 3
,
xia. t
1Boa•
{f- r
\.1
..„,,,,,,,,c,'' Vi.....-,..—A - r--7 ‘,
...,,,, ,
____.
„ _ 5
„. _
,,,.• , \
___
.o= ,\,
...:___5„...4,.:
,
Conditional Use Permit(Residential Kennel)
Staff recommends Approval
Planning Commission voted 10-0 to recommend Approval
Nina&William Gilbert
1
- " t-1 , I
o
o
11li1'IIA�I`I1�1!!11111 Il I P ❑, .*
• Requesting up to 15 dogs on the site(12 for hunting and 3 companion dogs)
• Three kennels located in the rear yard
• Requesting a deviation to the setback of the kennels from the side yard
June 26, 2018
44
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
(Continued)
Enoch Baptist Church Agenda Item
Council District Kempsville
Location 5677 Herbert Moore Road 4
" "• \ -1,-
it
tegi1g' , tIt
il
R 15 \
^' l •�
, \ by•
.
sit n tomaz s
Modification of Conditions
Staff recommends Approval
Planning Commission voted 10-0 to recommend Approval
Enoch Baptist Church
RRyd
woo
r` (- " "
ekl
• Reqwho are to housing for up to 13 individuals
who are homeless or near homeless
• Occupants will pay a nominal fee to stay in home
for up to two years
• Volunteers from the church and within the
community will manage day-to-day operations
June 26, 2018
45
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
(Continued)
John S. & Karen S. Waller Agenda Item
Council District Princess Anne
Location 2326 Treesong Trail,East&North sides of Treesong Trail 5
pl-iw
i.. r r:_. /
y w
sG : /
'i �
/r
Conditional Rezoning(AG-1&AG-2 to Conditional R-10)
Staff recommends Approval
Planning Commission voted 10-0,to recommend Approval
John S.&Karen S.Waller
m ®oIm t ts1A !I \
Tiii_t- _
i . + i C C6' • R
t.
,_
• Rezoning 10.5 acres to develop 10 lots
• Existing dwelling to remain on Lot 10(7.5 acres)
• Proposed density of 0.95 units per acre
June 26, 2018
46
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
(Continued)
Halle Properties, LLC Agenda Item
Council District Beach
Location 620 First Colonial Road 6
1 r
...., . ., ,
----„,„ ,,,,,,,,,,t. _. _ . r. - --,lc ' \ \. ‘, --'„-- -
,132
'- ,fi �� _ _ �.,N .,,,...,
Conditional Use Permit(Automobile Repair Garage)
Staff recommends Approval
Planning Commission voted 9-0,with 1 abstention,to recommend Approval
Halle Properties,LLC
a
Ifs ..-4----1.--,1,,---.. := ffi
I
m -. 144 T
'1,ee. 1-
6 , ,; I .�;; ) F71 • Three-bay tire facility(Discount Tire)
-71
r • One access point off of First Colonial Road
.1-1.-- • No improvements within area slated for future
• `__._ expansion of First Colonial Road
June 26, 2018
47
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
(Continued)
St. Luke Catholic Church Agenda Item
council District Princess Anne
Location 2304 Salem Road 7
tr".,,,,,.., . „., _ f Fif' `4tirimr-if
=' 'rte
* #/
Modification of Conditions
Staff recommends Approval
Planning Commission voted 10-0 to recommend Approval
St.Luke Catholic Church
= _
.�......... 1. t�
• Expanding the existing building by 7,250 square feet and
— '�• �� adding 35 parking spaces
• Removing existing temporary structures
• Proposed additions mimic the style and materials of the
existing church building
Mayor Jones expressed appreciation to both Ms. Smith and Mr. McNamara for the informative
presentation.
June 26, 2018
48
ADJOURNMENT
Mayor Louis R. Jones DECLARED the City Council Workshop ADJOURNED at 7:04 P.M.
.4-
Terri H. e tits
Chief Deputy i Clerk
/►iit 1/
Amanda Barnes, MMC
City Clerk
City of Virginia Beach
Virginia
June 26, 2018