The URL can be used to link to this page

2-4-2020 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 6NV'.Bttc MAYOR ROBERT M. "BOBBY"DYER,At Large VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 P'4 JESSICA P.ABBOTT,Kempsville-District 2 MICHAEL F.BERLUCCHI,Rose Hall-District 3 BARBARA M.HENLEY,Princess Anne-District 7 LOUIS R.JONES,Bayside-District 4 JOHN D.MOSS,At Large ;+,r AARONR.ROUSE,At Large °p °uR x00O05 GUYK.TOWER,Beach-District 6 ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville-District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE ACTING CITY MANAGER-THOMAS M.LEAHY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITYASSESSOR-RONALD D.AGNOR February 4, 2020 FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room- 1:00 PM A. RESORT AREA STRATEGIC PLAN Kathy Warren, Strategic Growth Area(SGA) Manager—Planning and Community Development B. LEASE OF CITY PROPERTY—LYNNHAVEN INLET Mark Johnson, Director—Public Works II. CITY COUNCIL LIASION REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 3:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION . VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Pastor Jo Anne Ramsay r Speak the Word Ministries C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS January 21, 2020 G. MAYOR'S PRESENTATION 1. AFRICAN AMERICAN HERITAGE MONTH Princess Anne County Training School Union& Kempsville High School Alumni and Friends Association, Inc. African American Cultural Center H. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY* 5.45 acres at Lynnhaven Inlet *This item was prematurely advertised and is not on the Agenda for consideration.As such, more public outreach will take place, and an additional Public Hearing will be held at a future date. 2. ACQUISTION, BY AGREEMENT OR CONDEMNATION Property, temporary and permanent easements necessary for Elbow Road Extended Phase II- B Project, CIP #2-152 3. POLLING PLACE CHANGE Brookwood Precinct to Brookwood Elementary School I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 10-1 re Brookwood Precinct Polling Place to Brookwood Elementary School 2. Resolution to ACCEPT the Final Hampton Roads Region—Norfolk and Virginia Beach Joint Land Use Study 3. Resolution to OPPOSE House Bill 152 and any similar Bill that negates or limits Single-Family Zoning Districts (Requested by Mayor Dyer, Vice Mayor Wood, and Council Member Moss) 4. Ordinances to DESIGNATE as EXEMPT re Real and Personal Property Taxes (Deferred from January 21, 2020): a. DC Art Institute of Virginia Beach, LLC b. DC South University of Virginia, LLC c. In Home Health, LLC 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Bass Inlet at the rear of 2901 Sandpiper Road re construct and maintain a pier 6. Ordinances to ACCEPT and APPROPRIATE: a. $173,233 from Virginia Department of Agriculture and Consumer Services to FY2019-20 Agricultural Reserve Program (ARP) Special Revenue Fund Operating Budget re reimburse for costs to acquire a preservation easement b. $30,000 from Virginia Department of Criminal Justice Services to FY2019-20 Police Department Operating Budget re overtime,purchase of equipment,travel,and training to enhance efforts to address internet crimes against children K. PLANNING 1. GREG MCMAKIN/MILLS COLLINS,LC for a Conditional Use Permit re bulk storage yard at 4145 Virginia Beach Boulevard DISTRICT 5—LYNNHAVEN(Deferred from January 21, 2020) RECOMMENDATION: APPROVAL 2. TOWN CENTER ASSOCIATES 12,LLC for a Conditional Use Permit re indoor recreation facility at 4621 Columbus Street DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 3. CEBT PROPERTIES,LLC for Conditional Use Permits re short-term rentals at: a. 317 26 1/2 Street b. 320 27th Street& 320 261/2 Street c. 617 23`d Street, Units 1 & 5 DISTRICT 6—BEACH (Deferred from January 7, 2020) RECOMMENDATION: APPROVAL 4. CEBT PROPERTIES,LLC/VB HOMES DESIGN BUILD, LLC for a Conditional Use Permit re short-term rental at 402B 27th Street DISTRICT 6—BEACH (Deferred from January 7, 2020) RECOMMENDATION: APPROVAL 5. CEBT PROPERTIES, LLC/VB HOMES DESIGN BUILD,LLC for a Conditional Use Permit re short-term rental at 400A 27th Street DISTRICT 6—BEACH RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—APPROVAL 6. C AND C DEVELOPMENT COMPANY for Conditional Use Permits re short-term rentals at: a. 2416 Arctic Avenue b. 403 25th Street DISTRICT 6—BEACH (Deferred from January 7, 2020) RECOMMENDATION: APPROVAL 7. JOSHUA LIPPOLDT for a Conditional Use Permit re short-term rental at 2508 Mediterranean Avenue DISTRICT 6—BEACH (Deferred from January 21, 2020) RECOMMENDATION: APPROVAL 8. ARMANDO & PATRICIA ELLIS for a Conditional Use Permit re short-term rental at 901 Park Landing Court DISTRICT 1 —CENTERVILLE (Deferred from January 21, 2020) RECOMMENDATION: APPROVAL 9. JOHN BRADLEY GRIBBLE for a Conditional Use Permit re short term rental at 512 9th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 10. WILLYNNE E. SIMMONS for a Conditional Use Permit re short term rental at 1804B Baltic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 11. SOUAD BELMADANI for a Conditional Use Permit re short term rental at 1804C Baltic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 12. ELIZABETH ANNE GREGORY for a Conditional Use Permit re short term rental at 635 South Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 13. COASTAL ACCOMODATIONS, LLC/ CHRISTOPHER HOLBERT for a Conditional Use Permit re short term rental at 636 16th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 14. TARA RYAN for a Conditional Use Permit re short term rental at 933 Pacific Avenue, Unit B DISTRICT 6—BEACH RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—APPROVAL 15. MICHAEL MATTHEWS for a Conditional Use Permit re short term rental at 425 Lakewood Circle DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 16. LAWRENCE W. KLIEWER& BRUCE E. PENSYL/OCEANFRONT ESCAPE, LLC. for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 203 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 17. LINDA URGO for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 107 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 18. ROBERT L. STEPHENSON,JR./RYAN DUNLAP for a Conditional Use Permit re short term rental at 940 Indian Circle DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 19. ROBERT L. STEPHENSON,JR. for a Conditional Use Permit re short term rental at 956 Indian Circle DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 20. TROY PERRY & LESLIE SPASSER for a Conditional Use Permit re short term rental at 396 58th Street DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 21. KELLY M. ALLEN for a Conditional Use Permit re short term rental at 4215 Macarthur Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 22. CARLIN CREATIVE CONCEPTS, LLC/OLIVER J. CARLIN for a Conditional Use Permit re short term rental at 947 Fern Ridge Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 23. ZACKARY NELSON for a Conditional Use Permit re short term rental at 2916 Dante Place DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 24. Ordinance to AMEND Section 111 and ADD Section 209.7 to the City Zoning Ordinance(CZO) re student worker housing (Requested by Council Member Tower) RECOMMENDATION: APPROVAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —BUILDING MAINTENANCE DIVISION —ELECTRICAL DIVISION —PLUMBING AND MECHANICAL DIVISION BOARD OF ZONING APPEALS BROADBAND STEERING COMMITTEE CITIZENS COMMITTEE ON BOARDS AND COMMISSION COMMUNITY ORGANIZATION REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items *********************************** *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to pmcgraw@vbgov.com or call 385-4303. CITY COUNCIL RETREAT Virginia Beach Convention Center 1000 19'h Street, Virginia Beach, VA 23451 Suite IC& ID February 241h& 25t 01/30/2020 pm MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room- 1:00 PM • A. RESORT AREA STRATEGIC PLAN Kathy Warren, Strategic Growth Area(SGA) Manager—Planning and Community Development B. LEASE OF CITY PROPERTY—LYNNHAVEN INLET Mark Johnson, Director—Public Works IL CITY COUNCIL LIASION REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 3:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION: Pastor Jo Anne Ramsay Speak the Word Ministries C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS January 21, 2020 G. MAYOR'S PRESENTATION 1. AFRICAN AMERICAN HERITAGE MONTH Princess Anne County Training School Union & Kempsville High School Alumni and Friends Association, Inc. African American Cultural Center .a .'. .. r,c,N,A BEyD ,_,,,,„,.,,..)..„ _ 44 , 2 Ssoi v�s Droc1amation Whereas: ;People of African descent first arrived in Virginia 400 years ago;and Whereas: The first persons of African descent in Virginia(Beach were likely to have been three individuals transported-here by Capt.Adam 7roroug/good by 1637;and 14 cereas: Tie general commemoration of the historical contributions of African Americans in Virginia and elsewhere was first established as J%'egro History Weekin 1926 by a native Virginian,Carters.'Woodson;and Whereas: President Gera IdR,'Ford expanded this commemoration and celebration to encompass Bfackglutory SKonth in 1976;and Whereas: 'The theme of the commemoration in 2020 is African Americans and the Vote;and- Whereas: 'The'Fifteenth Amendment to the Constitution of the United States was ratified 150 years ago on iFebruary 3,1870,providing constitutionally for the right to vote forAfricanAmerican men;and Wtnereas: Whereas the granting of the right to vote to African American men enabled the election ofAfrican Americans to laca1 state and federal'offices;and- Whereas: ' Whereas severalAfncan American men were elected to serve Princess Anne County and the Commonwealth of Virginia, Including' ills Augustus Ilodges elected to the Virginia Constitutional-Convention in 1867,John Q.Ilodges elected to the grouse of(Delegates in 1869 and Littleton Owens elected to the grouse of delegates in 1879;and 'Whereas: 'fie Nineteenth Amendment to the Constitution of the'United States was ratifed100 years ago on August 18,1920,providing constitutionally for the right to vote for women,including AfricanAmerican women;and Whereas: 'The right to vote and the power it afforded'to African American voters was resisted'in Virginia and laws were dlheratey passed to disenfranchise African American voters,requiring African Americans to continually fight for their right to vote;and Whereas: African Americans also had to continually fight for their right to public education;and 'Whereas: African American residents raised the funds necessary to purchase landfor the construction of a high schooffor the education of their children in(Princess Anne County;and Whereas: The<Princess Anne County'Training School;later named''Onion Kpmpsville gig/i School served this purpose and produced valued members of the community during the era of segregation from 1938 until 1969;and 'Whereas: 'The(Princess Anne County'Training School Onion'1(cmpsvilre Nigh School-Alumniand'Friend'Association,Inc.maintains the history and memories of the schoolandcontinues to serve our community;and 'Whereas:: 'Tie(PrincessAnneCounty'TrainingSchooh'Union'1(empsvilTe<lighSchoolAlumniand'FriendsAssociation,Inc.maintainsthe history and memories of the school and continues to serve our community;and Whereas. African Americans have overcome enslavement, discrimination and adversity to make positive contributions in all areas of enterprise andservice in Virginia Beach,the Commonwealth of Virginia and the VnitedStates of America;and- Whereas: 'The;leayorand City Council support the establishment of an African American Cultural Center in Virginia Beach as a huh for African American culture and history and have provided the(Deed'Transfer andTiitle of property in Virginia Beach for that purpose; Now'herefv%I P,p&ert SK.(Dyer,911ayorof the City of Virginia(Beach,Virginia,do hereby proclaim: cFe6ruary 2020 .ffrican. merican JCeritage Month In'Virginia Beach,and furthermore call'upon the citizens,government agencies,public and private institutions, businesses and schools in'Virginia Beach to recognize the contributions of African Americans to the history and development of the city,state and-nation and to commemorate this month with appropriate activities. In'Witness'W)ieorof,I have hereunto set my ftancl and caused the OfficialSealof the City of Virginia Beach,Virginia,to be affiad this Fourth Day of'February,Two Thousand and'Iwenty. i' 4°1"1 .*" 1 Robert 31. "Bo66Dyer r .`Mayor H. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY* 5.45 acres at Lynnhaven Inlet *This item was prematurely advertised and is not on the Agenda for consideration. As such, more public outreach will take place, and an additional Public Hearing will be held at a future date. 2. ACQUISTION, BY AGREEMENT OR CONDEMNATION Property, temporary and permanent easements necessary for Elbow Road Extended Phase II- B Project, CIP #2-152 3. POLLING PLACE CHANGE Brookwood Precinct to Brookwood Elementary School Z 4 )45: 4,...,:ku... ir ..".,... PUBLIC HEARING LEASE OF CfTY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on February 4,2020,at 6:00 p.m.in the Council Chamber,City Hall-Bldg.#1,at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the proposed lease: Approximately 5.45 acres of City- owned property located at Lynnhaven Inlet in the Bayside District(a portion of GPIN:1489- 58-9234) Any questions concerning this matter should be directed to the Economic Development Office, (757)385-6464,ecdev@vbgov.com If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call TDD 711(TDD-Telephone Device for the Deaf). All interested parties are invited to attend Amanda Barnes City Clerk Beacon:January 26,2020 L Vg PUBLIC HEARING ACQUISITION,BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed acquisition,by agreement or condemnation, of right-of-way and temporary and permanent easements necessary for the Elbow Road Extended Phase II-B Project,CIP #2-152,Tuesday,February 4,2020 at 6.'00 p.m.,in the Council Chamber of the City Hall Building(Building#1)at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The plans for the project are entitled: "ELBOW ROAD EXTENDED PHASE IIB(C.I.P. NO. 2-152) FROM: VIRGINIA BEACH / CHESAPEAKE CITY LINE TO: MARGARET DRIVE ELBOW ROAD EXTENDED WATER IMPROVEMENTS(C.I.P.NO.5-148),"and are on file in the Public Works Department, Engineering Division, Building 23. The purpose of this hearing will be to obtain public input regarding authorizing condemnation,if necessary,for this project. • If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-3854303;Hearing Impaired, call 711(Virginia Relay-Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office of Real Estate,Building#23,2473 N.Landing Road, at the Virginia Beach Municipal Center, (757)385-4161. All interested parties are invited to attend Amanda Barnes City Clerk Beacon:January 26,2020 irizp ,,.s,. fsi :q ....;" ..,,,:......,::: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acquisition of property in fee simple for Elbow Road Extended Phase II-B, CIP #2-152 and the acquisition of temporary and permanent easements, either by agreement or condemnation PUBLIC HEARING DATE: February 4, 2020 MEETING DATE: February 18, 2020 • Background: Elbow Road— Phase IIB (the "Project") constructs the first two lanes of the ultimate four-lane roadway from Indian River Road to Margaret Drive (one block west of the intersection with Salem Road). The Project is 1 of 3 phases comprising Elbow Road Phase II (with Phases IIC and IID). The Project will realign Elbow Road to establish a new intersection with Indian River Road and extend the roadway west of Indian River Road, tying into Elbow Road at the southeast corner of Stumpy Lake. The Project's proposed alignment includes a 1,050-linear-foot bridge spanning the North Landing River floodplain, which will elevate drivers an additional 12-feet above the existing roadway's river crossing. The Project also includes curb, gutter, drainage pipe, LED streetlights, noise barrier walls, as required, and landscaping. With half the needed budget already previously appropriated, this $40-million project phase was first mentioned in the FY16/17 CIP. A fully funded plan for the Project — including federal, state and local funds — was established in FY17/18 CIP with the award of additional Regional Surface Transportation Program (RSTP) funds from the Hampton Roads Transportation Planning Organization (HRTPO). 13,500 vehicles travel the two-lane, rural road conditions of Elbow Road between Indian River Road and Salem Road each day. This volume is projected to more than double over the next 20 years. This segment of Elbow Road ranked 22 out of 289 road segments based on a 3-year (2016, 2017 & 2018) crash rate analysis. • Considerations: The Project will require property and easements from 39 privately owned parcels and approximately 7 City-owned parcels. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. Elbow Road — Phase IIC will include the two, ultimate, westbound lanes from the proposed Indian River Road intersection to the Salem Road intersection. Elbow Road — Phase IID will widen Dam Neck Road from the Salem intersection to the Princess Anne Athletic Complex (PAAC) entrance intersection. • Public Information: The last Citizen's Information Meeting (CIM) on both Elbow Road — Phase II and Indian River Road — Phase VII was held on June 7, 2018. Public Works staff has been in contact with the HOA representatives of Hillcrest Farms, Hillcrest Landing, Bellwood Estates and Bellwood Meadows in recent years. Advertisement of the public hearing in The Virginian-Pilot, Beacon, and normal publication of the City Council Agenda. • Alternatives: Deny the request and risk delaying this long, overdue project plus affecting construction start dates provided to the public, HRTPO and VDOT. • Recommendations: Approve the Ordinance. • Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering 11,--g/ City Manager: L 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR ELBOW ROAD EXTENDED PHASE II-B 4 PROJECT, CIP#2-152 AND THE ACQUISITION 5 OF TEMPORARY AND PERMANENT 6 EASEMENTS, EITHER BY AGREEMENT OR 7 CONDEMNATION 8 9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 10 public necessity exists for the construction of this important roadway project to improve 11 transportation within the City and for other related public purposes for the preservation of 12 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 13 people in the City of Virginia Beach. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 Section 1 . That the City Council authorizes the acquisition by purchase or 19 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 20 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in 21 fee simple, including temporary and permanent easements and entire tracts upon which 22 such rights-of-way or easements shall be located, within the limitations and conditions of 23 Section 33.2-1007 of the Code of Virginia of 1950, as amended (the "Property"), as shown 24 on the plans entitled "ELBOW ROAD EXTENDED PHASE IIB (C.I.P. NO. 2-152) FROM: 25 VIRGINIA BEACH / CHESAPEAKE CITY LINE TO: MARGARET DRIVE ELBOW ROAD 26 EXTENDED WATER IMPROVEMENTS (C.I.P. NO. 5-148),"(the "Project"), and more 27 specifically described on the acquisition plats for the Project (plats and plans collectively 28 referred to as the "Plans"), the Plans being on file in the Engineering Division, Department 29 of Public Works, City of Virginia Beach, Virginia. 30 31 Section 2. That the City Manager is hereby authorized to make or cause to be 32 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 33 reasonable offer to the owners or persons having an interest in said Property. If refused, 34 the City Attorney is hereby authorized to initiate, prosecute and settle or resolve 35 proceedings to condemn said Property. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 38 , 2020. CA14657 PREPARED: 1/9/20 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d 025\p031\00605331.doc R-1 APP VD S 0 CONTENTS APPROVED AS TO LEGAL SUFFIC NCY AND FORM PU LI WORKS/REAL ESTATE CITY A TORNEY en FERREa:willow �C�� ` /� �_^INW��a�7tHi4 7f ..i. - Ea�7 N LYNNHAVEN PW S '� ."11 �� jl 311 111 4 13 w K i EZ I a; W�� E 9y J�.J�JJ L+1.1111;1,a!4 �iYi �iiA�. ��44� �i�� 4R /=,trots 4, tiss �*� 1a4, _ � aligUi 6.1; #‘`.7'444 tql Er 440 -.;L'7J''--. .'"4/4 . • /7 B 'UMW �® 1 ",��co Of 44,4404- ei 116.\grtitt. tiar ,Witt_.-----, ram, � pig t��4 �lij. t��.ty i ��i(GA allikir -qiiz*ZcOS'41/P cs 0 we- ; ti4 1:61PPR z 0 0.-4.' 17ri10 G fti G Jac �► �� 1447'. � � lici___- ��=G� 7,F��,j -*It, __® � ,®� ►"I 0 -\ 4 4": (43 4 /1•,- ) ciitkVA? AcAttktt4/ C41,4 � ® �' tip' �.4 Q0 Dcr•. �► �'�® ®'� °+ 1, / , ail,,,,,,.,,,,,,I.t.A\ AA., ,..4. .. ,;;:,p,,,, .1 * .4 ,ate �9'y®\° ...--- 0111, Ipprir IC, 0 cis tocialtigft 0 #, Vsfe„\ It% 4 , `<:*4 AT P.10-1‘*.'W -';' 4014 04,.:*14.0):- , yr. & it ,iat% C' 4c, Ili tiFt) bs‘lr . 449r4i.4,4) cks';itt. 0,7 Ak,. ,,,. q v 4Nova. :44 ,,,,, , ',...4 iltip , 00.6,,#1, ,,,,. . ,, ci „0-0, op, ,...v.,..,,# go f..,... d -44 D 'O., A4 :4#401t, 4-- ve-04 cu...„--4, aiir 1r 4, / 41,7 t 408N • 0 8 .- nl/S" V cft7-te-A A, • s # *4 IM .6# ., \y \--, Itit .,., I® 0 a0,®®1P-• �a 04:0 Lid RAw4 ' ��4 it i0A -"i` 4 4. -467' i *44 Vik A 4, (4, ,c44404.4.-. 0) "NI ra TO*fry,#.4 et.,. Aatir Amia'. ,-, girrt*,4,VIA \ wk., 44 "."/ .'10 VP',4) 44/ r ,®► 'C'i� ®Pi.�®i'+`� �["141 Ilr 0/ 4 't V 44$1•4:fo 401:ViltV *** * '',. ii•61,44.41‘ ONS'4, €41}4,V.:4, ‘t -1,--"' *. 411.7-4, ' C., 4:1t\w",47-4\10AvilkViox=-4, NN N. Art4,6 ,/,‘ ^e / , �l 41:1/ 0 ice- Q','a� 4�'� `e 0 0 ,'r 44740 iv , -44 ,.......4 \ ..- b1:4)'0 ,,,Z v411. X ` / LOCATION MAP ELBOW ROAD PHASE IIB CIP 2-152 Prepared by P.W./Eng./Eng.Support Services Bureau 01/21/2020 X:\CADD\Projects\ARC Files\AGENDA MAPS\Elbow Rd Phase IIB ue lc•e �; ' h 4 i`.c G's,p.. PUBLIC HEARING PROPOSED ORDINANCE TO CHANGE THE POLLING LOCATION FOR THE BROOKWOOD PRECINCT The City Council of Virginia Beach, Virginia at its formal session on February 4, 2020 at 6:00 PM will conduct a public hearing upon an ordinance to change the polling place for the Brookwood Precinct. The public hearing will be held at the City Council chambers in City Hall. If adopted, the new polling location for the Brookwood Precinct would be Brookwood Elementary School. A copy of the aforesaid ordinance and related map may be inspected in the Voter Registrar's Office, which is located at 2449 Princess Anne Road, Municipal Center, Building 14, Virginia Beach,Virginia,23456. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303;Hearing impaired,call: TDD only 711(TDD-Telephonic Device for the Deaf). Amanda Barnes City Clerk Beacon:January 26&February 2, 2020 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 10-1 re Brookwood Precinct Polling Place to Brookwood Elementary School 2. Resolution to ACCEPT the Final Hampton Roads Region—Norfolk and Virginia Beach Joint Land Use Study 3. Resolution to OPPOSE House Bill 152 and any similar Bill that negates or limits Single-Family Zoning Districts (Requested by Mayor Dyer, Vice Mayor Wood, and Council Member Moss) 4. Ordinances to DESIGNATE as EXEMPT re Real and Personal Property Taxes (Deferred from January 21, 2020): a. DC Art Institute of Virginia Beach, LLC b. DC South University of Virginia, LLC c. In Home Health, LLC 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Bass Inlet at the rear of 2901 Sandpiper Road re construct and maintain a pier 6. Ordinances to ACCEPT and APPROPRIATE: a. $173,233 from Virginia Department of Agriculture and Consumer Services to FY2019-20 Agricultural Reserve Program (ARP) Special Revenue Fund Operating Budget re reimburse for costs to acquire a preservation easement b. $30,000 from Virginia Department of Criminal Justice Services to FY2019-20 Police Department Operating Budget re overtime,purchase of equipment,travel, and training to enhance efforts to address internet crimes against children 4,ftSS) •• : CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1 of the City Code to Change the Polling Location for the Brookwood Precinct MEETING DATE: February 4, 2020 • Background: The Virginia Beach Electoral Board voted on January 17, 2020 to move one polling location. The necessary location change to the Brookwood Precinct is because the Plaza Annex is under construction. The new location will be at Brookwood Elementary School located at 601 South Lynnhaven Road, 23452. • Considerations: This location meets requirements of the Americans with Disabilities Act. This change will become effective upon approval by the City Council beginning with the March Democratic Presidential Primary. • Public Information: As required by Section 24.2-306 of the Code of Virginia notice of this proposed change will be published in the newspaper once a week for two consecutive weeks, and the public hearing will be held on February 4, 2020 at the Formal Session. Additionally, letters, including an instructional flyer that has a map, will be mailed to the registered voters of the precinct to alert them to the change in the polling location. An advertisement will be placed in the newspaper prior to the March Democratic Presidential Primary. • Recommendations: Adopt the proposed change. • Attachments: Ordinance; Exhibit A: Map Recommended Action: Approval Submitting Department/Agency: Voter Registrar y/ City Manager:j (, 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO CHANGE THE POLLING LOCATION FOR THE 3 BROOKWOOD PRECINCT 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 Section 10-1 of the City Code is hereby amended and reordained to read as 9 follows: 10 11 Sec. 10-1. Establishment of precincts and polling places. 12 13 There are hereby established in the city the following precincts and their respective 14 polling places, as set forth below: 15 16 Precinct Polling Place 17 18 Alanton Alanton Elementary School 19 Aragona Bayside Sixth Grade Campus 20 Arrowhead Arrowhead Elementary School 21 Avalon Woodstock Elementary School 22 Baker Ebenezer Baptist Church 23 Bayside Bayside Elementary School 24 Bellamy Salem Middle School 25 Blackwater Blackwater Fire Station 26 Bonney Discovery Church 27 Brandon Brandon Middle School 28 Brookwood Plaza Annex 29 Brookwood Elementary School 30 Buckner Green Run Baptist Church 31 Cape Henry Research and Enlightenment Building (Edgar 32 Cayce Library) 33 Capps Shop Back Bay Christian Assembly 34 Centerville Centerville Elementary School 35 Chesapeake Beach Bayside Baptist Church 36 Chimney Hill Rosemont Elementary School 37 College Park College Park Elementary School 38 Colonial Colonial Baptist Church 39 Colony Lynnhaven Colony Congregational Church 40 Corporate Landing Corporate Landing Middle School 41 Courthouse Kellam High School 42 Creeds Oak Grove Baptist Church 43 Cromwell Salem United Methodist Church 44 Culver Ocean Lakes High School 45 Dahlia Green Run High School 46 Dam Neck Corporate Landing Elementary School 47 Davis Corner Bettie F. Williams Elementary School 48 Eastern Shore Eastern Shore Chapel 49 Edinburgh St. Aidan's Episcopal Church 50 Edwin Kempsville Middle School 51 Fairfield Kempsville Presbyterian Church 52 Foxfire Wave Church 53 Glenwood Glenwood Elementary School 54 Great Neck All Saints Episcopal Church 55 Green Run Green Run Elementary School 56 Haygood Haygood United Methodist Church 57 Hillcrest New Castle Elementary School 58 Holland Holland Elementary School 59 Homestead Providence Presbyterian Church 60 Hunt Princess Anne Recreation Center 61 Independence Water's Edge Church 62 Indian Lakes Indian Lakes Elementary School 63 Indian River San Lorenzo Spiritual Center 64 Kings Grant St. Nicholas Catholic Church 65 Kingston King's Grant Presbyterian Church 66 Lake Christopher New Covenant Presbyterian Church 67 Lake Joyce Morning Star Baptist Church 68 Lake Smith Bayside Church of Christ 69 Landstown Landstown Community Church 70 Larkspur St. Andrews United Methodist Church 71 Lexington Larkspur Middle School 72 Linkhorn Virginia Beach Community Chapel 73 Little Neck Lynnhaven United Methodist Church 74 London Bridge London Bridge Baptist Church 75 Lynnhaven Cape Henry Church 76 Magic Hollow Virginia Beach Moose Family Center 77 Malibu Malibu Elementary School 78 Manor Providence Elementary School 79 Mt. Trashmore Windsor Woods Elementary School 80 Newtown Good Samaritan Episcopal Church 81 North Beach Galilee Episcopal Church 82 North Landing Hope Haven 83 Ocean Lakes Ocean Lakes Elementary School 84 Ocean Park Bayside Community Recreation Center 85 Oceana The Gathering at Scott Memorial United 86 Methodist Church 87 Old Donation Calvary Baptist Church 88 Pembroke Pembroke Elementary School 89 Pinewood Lynnhaven Presbyterian Church 90 Plaza Lynnhaven Elementary School 91 Pleasant Hall Emmanuel Episcopal Church 92 Point O'View Kempsville Church of Christ 93 Red Wing Seatack Elementary 94 Rock Lake Salem Elementary School 95 Rosemont Forest Rosemont Forest Elementary School 96 Roundhill Salem High School 97 Rudee W.T. Cooke Elementary School 98 Salem Woods Parkway Elementary School 99 Sandbridge Tabernacle United Methodist Church 100 Seatack Mount Olive Baptist Church 101 Shannon Church of the Ascension 102 Shelburne Christopher Farms Elementary School 103 Shell Unity Church of Tidewater 104 Shelton Park Shelton Park Elementary 105 Sherry Park St. Matthews Catholic Church 106 Sigma Red Mill Elementary School 107 South Beach Contemporary Art Center of Virginia 108 Stratford Chase Community United Methodist Church 109 Strawbridge Strawbridge Elementary School 110 Tallwood Tallwood Elementary School 111 Thalia Thalia Elementary School 112 Thoroughgood Independence Middle School 113 Timberlake White Oaks Elementary School 114 Trantwood Great Neck Baptist Church 115 Upton Three Oaks Elementary School 116 Village Thalia Lynn Baptist Church 117 Windsor Oaks Windsor Oaks Elementary School 118 Witchduck Bayside Presbyterian Church 119 Wolfsnare Virginia Beach Christian Life Center 120 Central Absentee Voter Agriculture/Voter Registrar Building 121 Precinct Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (. • oter Registrar rney's Office CA14986 R-1 January 22, 2020 EXHIBIT A: MAP no t egenas AI the Ming s Chinese Beach Apartments, Starbucks 9 x Mona Lisa`s Pizza 9 Lynnann Laundry -x aN ('!� "9ha Walmart SUpercenter 9 `Y Taco Bell °� Pops Diner Co 9 Kimbi's Playworld Inc 4 aA,P s p 0 Jack and Jill Baking s e� v e' ,S. X. rJ`,.. Olive Garden Italian..... US Social Securityes ao° Navy Federal a Administration Gr- ° y Credit Union`r/ Goodwill Lynnhaven d Retail Store s 9 Lynnhaven North alValue City Furniture �, Shopping Center Y `} . t .<' e '. a Chipoi e Mexican Grill Q` 8roo ood 4 rnerican Indoor Karting 9 Elementary• hool -0 N x K f 3 A Jump Virginia Beach K STIF A 7 Trampoline Park`- -�� Dave&Busters Q , .; Plaza Annex o- , �,; ' , DICKS Sporting Goods 4., n u, • 9 Carrabba's Italian Grill i Lowe Go Embroidery Q fi 3 Maggie McFIy's y&Designs L5 P 5 3` r 6cx'tmg G*een Dr G t 6,„r,„y G,r,r,D Lynnhaven Mall 9 International Akyy Cracker Barrel AMC Lynnhaven 189 Old Country Store Y McDonald's 9 1 Gem,,. ......use JCPenney9 t := Ha.xe l„ Ta nr� . '. A-++lawn Tc"o<+' ow k Coastal Security Group 804,Lreel,8r,„ Gorgle Papa Joe's Smoke Shop Move Precinct 077 from Plaza Annex to Brookwood Elementary School. P , �u cy� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Accept the Final Hampton Roads Region — Norfolk and Virginia Beach Joint Land Use Study MEETING DATE: February 4, 2020 • Background: The Hampton Roads Region — Norfolk and Virginia Beach Joint Land Use Study (the "Study") was a joint effort between Cities of Norfolk and Virginia Beach, the Commonwealth of Virginia, and four Navy installations: Joint Expeditionary Base Little Creek-Fort Story; Naval Air Station Oceana (including Dam Neck Annex and excluding Naval Auxiliary Landing Field Fentress); Naval Station Norfolk; and Naval Support Activity Hampton Roads. The Hampton Roads Planning District Commission (HRPDC) served as the primary project sponsor. More frequent flooding is affecting military operations and access to military facilities. The study focused on identifying specific conditions, including recurrent flooding, coastal storms, and erosion, outside of the military footprint that have the potential to impact Navy operations in Hampton Roads. The purpose of the Study was to identify land uses, facilities, and infrastructure systems of mutual interest to the military installations and the Cities of Norfolk and Virginia Beach. It also assessed the impacts of flooding, storm surge, and other coastal hazards on infrastructure that the Navy relies upon. The final report (the "Report") was completed in August of 2019. The Report includes recommendations for specific local and regional actions, programs, and policies intended to improve local and regional resiliency to coastal hazards such as flooding and sea level rise, promote cooperative and compatible land use planning, encourage ongoing coordination and discussion between neighboring jurisdictions, including United States Navy facilities and political subdivisions of the Commonwealth about issues of mutual concern, and to increase citizen awareness of the interconnectedness of local communities and the United States Navy. Some of the priority actions identified by the Report relating to Virginia Beach are as follows: 1) Shore Drive Comprehensive Flood Mitigation and Stormwater Management Strategy 2) JEB Little Creek Gate 1 —Amphibious Drive - Shore Drive Flooding Study 3) East Amphibious Drive, Chubb Lake, and Lake Bradford Flood Mitigation and Stormwater Management Strategy 4) Dam Neck Gate Flood Impact Study 5) Oceana Boulevard/Bells Road Drainage Study 6) Develop a stormwater systems maintenance MOU for each installation and respective locality to define ongoing roles and responsibilities for routine maintenance of ditches, culverts, and other drainage components that span locality/ Navy jurisdiction. 7) Develop regional guidance for incorporating flooding and SLR into city capital planning projects to ensure that all projects adequately address flooding and SLR vulnerability, risk, and adaptation. The full list of recommended regional coordination strategies can be found within the full report on HRPDC's website. A representative of the HRPDC provided a brief to the City Council at its Informal Session on January 21, 2020. • Considerations: The Report is an advisory document for the cities of Norfolk and Virginia Beach to help guide community development that is compatible with continued military operations. The Report focuses mostly on preventing future land use conflicts, but also encourages investment in the community, especially in areas that will not interfere with military activities. The Report can be found on HRPDC's website: https://www.hrpdcva.gov/departments/joint-land-use-studies/norfolk-va-beach-joint-land- use-study/ • Public Information: Public information will be provided through the normal City Council agenda process. • Recommendations: Approval of Resolution • Attachment: Resolution, HRPDC Joint Land Use Study Executive Summary Recommended Action: Approval Submitting Department/Agency: Budget and Management Services i= City Manager:`-7—g(,- 1 A RESOLUTION TO ACCEPT THE FINAL HAMPTON 2 ROADS REGION- NORFOLK AND VIRGINIA BEACH JOINT 3 LAND USE STUDY 4 5 WHEREAS, on November 17, 2016, the Hampton Roads Planning District 6 Commission authorized the Commission staff to conduct the Hampton Roads Region — 7 Norfolk and Virginia Beach Joint Land Use Study (the "Study") in partnership with the 8 Cities of Norfolk and Virginia Beach; and 9 10 WHEREAS, the goal of the Study was to address, through a cooperative planning 11 process between the cities of Norfolk and Virginia Beach, the U.S. Navy, and the 12 Commonwealth of Virginia, the current and future challenges of recurrently flooding and 13 sea level rise on military operations and readiness, including reliance on municipal 14 infrastructure and services, at Joint Expeditionary Base Little Creek-Fort Story, Naval Air 15 Station Oceana, Naval Station Norfolk, and Naval Support Activity Hampton Roads; and 16 17 WHEREAS, City staff and officials contributed to the Study by participating on the 18 Policy Committee and Technical Committee; and 19 20 WHEREAS, a final Study report (the "Report") was issued in August 2019; and 21 22 WHEREAS, the Report includes recommendations for specific local and regional 23 actions, programs, and policies intended to improve local and regional resiliency to 24 coastal hazards such as flooding and sea level rise, promote cooperative and compatible 25 land use planning, encourage ongoing coordination and discussion between neighboring 26 jurisdictions, including United States Navy facilities and political subdivisions of the 27 Commonwealth about issues of mutual concern, and to increase citizen awareness of the 28 interconnectedness of local communities and the United States Navy; and 29 30 WHEREAS, the City Council recognizes that the findings and recommendations 31 contained in the Report will help protect the public health, safety, and welfare of our 32 citizens; 33 34 NOW, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 35 VIRGINIA: 36 37 That the City Council hereby accepts the Final Hampton Roads Region — Norfolk 38 and Virginia Beach Joint Land Use Study Final Report dated August 2019. 39 40 BE IT FURTHER RESOLVED: 41 42 That subject to the availability of funding, the City Council directs the City Manager 43 to bring forward to the City Council all appropriate ordinances, resolutions, and proposals 44 implementing the recommendations thereof pertaining to the City of Virginia Beach for its 45 consideration. 46 47 BE IT FURTHER RESOLVED: 48 49 That the City Council hereby expresses its gratitude to the United States Navy, the 50 City of Norfolk, the members of the Policy Committee and Technical Committee, the 51 Office of Economic Adjustment, the Hampton Road Planning District Commission, 52 members of the public who attended public meetings on the Study, and all others whose 53 efforts contributed to the completion of the Hampton Roads Region — Norfolk and Virginia 54 Beach Joint Land Use Study final report. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1/1° kt1, , / udget and anagement Services City Atom 's Office CA14979 R-2 January 23, 2020 EXECUTIVE SUMMARY PURPOSE Norfolk,Virginia Beach,and the Navy installations that The Norfolk and Virginia Beach JLUS is a call both cities home face significant and growing cooperative planning process between the challenges related to tidal flooding,which are only Cities of Norfolk and Virginia Beach,the expected to worsen over time as sea levels rise.The Commonwealth of Virginia,and the following: long-term threat from increased flooding and sea • Joint Expeditionary Base(JEB)Little level rise(SLR)will place additional risk on Creek-Fort Story infrastructure that has a critical role in Department of Defense(DoD)readiness,including major roadway • Naval Air Station(NAS)Oceana,including corridors and community assets that military Dam Neck Annex and excluding Naval personnel rely upon on a daily basis. Auxiliary Landing Field Fentress Coastal resilience planning in the Hampton Roads • Naval Station(NS)Norfolk region has been an ongoing and evolving process • Naval Support Activity(NSA)Hampton over the past 15 years.Previous and ongoing efforts Roads by the Hampton Roads Planning District Commission (HRPDC),U.S.Army Corps of Engineers(USACE), The HRPDC is the primary project sponsor. universities,and local governments have studied tidal,storm surge,and precipitation flooding and identified actions to address stormwater management and flood risk mitigation. This Joint Land Use Study is a different kind of The JLUS sets forth 22 actions and related study. It evaluates the present and future impacts of coordination strategies that Norfolk and Virginia flooding on the facilities and infrastructure in the Beach can implement in response to threats from community that directly support the Navy and flooding and SLR that aim to strengthen and enhance redefines locality and state priorities accordingly.The the Navy's ability to carry out its mission,improve the JLUS is a cooperative planning process between quality of life for sailors and their families,and allow Norfolk,Virginia Beach,the Navy,the HRPDC,and the the Navy to remain a major and robust part of the Commonwealth of Virginia. region's economy. REVISED DRAFT NORFOLK AND VIRGINIA BEACH JOINT LAND USE STUDY , ES-1 4 6 INFORMATION RECOMMENDATIONS PLAN PREPARATION GATHERING+ ANALYSIS COMPLETION CONCEPTUAL ASSESSMENT +STRATEGIES +ADOPTION DESIGN The JLUS public engagement process included over 75 stakeholder interviews,multiple focus groups,and three public meetings.The primary project phases are shown in the diagram above.A Technical Committee comprising city department heads and department staff,Community Plans Liaison Officers (CPLOs)from each Navy installation,and staff from other relevant agencies guided the process. A Policy Committee comprising elected and appointed officials,senior regional Navy representatives,the HRPDC's Executive Director,leadership representatives from the USACE,and representatives from the Commonwealth of Virginia validated the work of the Technical Committee and ensured that the interests of the primary study partners and stakeholders were adequately represented. CHALLENGES flooding)issues that affect daily routines, which are expected to increase over time in the region as sea Within the study area,there is a high degree of level rises.' Nuisance flooding is already a common interdependency between local governments,the occurrence in the study area,affecting access to Navy,and other infrastructure providers when it comes to connected resources.To evaluate how Navy installations and community assets. transportation infrastructure,community assets,and In general,the Navy depends on the region's local services the military and community rely upon could governments for its roadways,utilities,and many be impacted by flooding and SLR,three flooding support services.Five core challenges were identified scenarios were defined,based on a review of multiple that influenced the analysis of interdependencies and sources of SLR(SLR)projections.The JLUS flooding vulnerabilities,The challenges include: scenarios are: • Minor tidal flooding with no SLR(a peak water 1.Getting to work level of 1.5 feet above local Mean Higher High Over 200 miles of regional and local roadways were Water) identified in the JLUS planning process as either primary or secondary corridors serving the Navy, • 1.5 feet of SLR plus minor tidal flooding including those corridors that are part of the DoD • 3.0 feet of SLR plus minor tidal flooding Strategic Highway Network(STRAHNET).A These scenarios were used to evaluate vulnerabilities vulnerability analysis identified several roadways that to flooding with a focus on addressing chronic tidal would potentially be exposed to minor tidal flooding and SLR,' including sections of Hampton Boulevard, and stormwater flooding(also referred to as nuisance Shore Drive,and Sandbridge Road.These roads 1 Tne level of data needed to quantitatively evaluate frequency and depth of rainfall-induced flooding for the JLUS is not yet consistently available across the study area.The JLUS incorporated rainfall-related flooding qualitatively by utilizing historical street and property flooding observations,collected by city staff and reported by residents over several years,to identify areas that repeated y flood during intense rainfall events(with and without high tide conditions). 2 This is based on the depth of water estimated to occur at the lowest elevation grade along each road segment. ES-2 ( REVISED DRAFT NORFOLK AND VIRGINIA BEACH JOINT LAND USE STUDY provide direct access to installation access control to access the facility due to roadway flooding or points(gates).Several of the roadway segments flood-related congestion.If access to community affected have already been identified as problem facilities is greatly impeded or blocked,it impacts areas for nuisance flooding in flooding complaint data both the ability of staff who work at those facilities to from Norfolk and Virginia Beach.In addition,many get to work and the ability of others to use those adjacent local roads and connector streets will also assets or services.The access analysis conducted as be at risk. part of the JLUS shows that large sections of Virginia Beach and Norfolk could experience blocked or The impacts of tidal flooding on roadways will be limited access to certain community assets due to exacerbated by additional SLR in the future.If these flooded roadways under 3.0 feet of SLR plus minor routes are congested,flooded,or otherwise impeded, tidal flooding. the ability of Navy personnel and civilians to get to work could be impacted,thereby impacting mission With rising sea levels and increases in frequency and readiness.The conditions can result in operational levels of roadway flooding,as well as worsening inefficiencies,impact planned operations or security, congestion as the region's population grows,current and result in loss of work time.A reliable transportation nuisances could become more serious transportation network is essential for ensuring problems in the future. mission readiness and the smooth,efficient movement of both people and goods to and from the 3.Managing stormwater Navy installations. Undersized and/or inadequately maintained stormwater infrastructure can cause or exacerbate 2.Accessing community facilities and services flooding issues on roadways and adjacent properties. Roadway flooding along key corridors and in Each locality owns its own stormwater infrastructure, neighborhoods also limits access to community which is managed and maintained by the city's public facilities that military personnel regularly rely upon, works department.Likewise,the Navy owns and such as schools and hospitals,and life-safety maintains stormwater management infrastructure services that they may require,such as police,fire,or that is located on base.However,runoff from the emergency response.An analysis of community installations often ends up in the localities' assets3 identified 20 facilities4 that could potentially stormwater systems,and vice versa.Varying design be exposed under 3.0 feet of SLR plus minor tidal standards and inconsistent maintenance regimens flooding.These include elementary schools, across the network can contribute to degraded emergency shelters,police and fire stations, system performance in some areas. hospitals,waste water treatment plants,sanitary The ability of the existing stormwater management pump stations,and potable water pump stations. systems to collect,convey,treat,and discharge flow These assets have a direct relationship to installation will be further reduced by higher water levels at outfall and personnel readiness. locations as sea levels rise.Improvements to both Floodproofing assets or elevating them above the municipal and on-base stormwater management floodplain will provide minimal benefit to the greater infrastructure will require collaboration and community if large numbers of residents are unable coordination with multiple jurisdictional partners. 3 Community assets are broadly defined to include both life-safety and transportation elements that provide a value or benefit to the Navy installations,military service members and their families,and the broader community. 4 The analysis excludes water pump stations and sanitary pump stations. REVISED DRAFT NORFOLK AND VIRGINIA BEACH JOINT LAND USE STUDY f ES-3 More detailed modeling will be required to pinpoint TARGET AREAS AND GOALS where roadway flooding is caused or exacerbated by inadequate stormwater infrastructure. The results of the analyses led to the identification of five goals and four target areas where vulnerabilities 4. Maintaining utility services were anticipated to have potential impacts on regional infrastructure or community assets the Navy Infrastructure providing utilities such as power,water, relies upon. and wastewater is critical for maintaining operations on a military base.These networks are provided by the cities and other sources outside of the Goals of the JLUS installations.Any disruption to the utility network • infrastructure from current or future flooding could Reliable and resilient access routes for DoD significantly disrupt military operations.Facilities personnel located in vulnerable locations may face additional • Adequate and well-maintained stormwater challenges due to flooded roadways that limit access management systems for repairs.Both cities and the Hampton Road • Sanitation District(HRSD)are actively working to Reliable and resilient utility networks address system-wide vulnerabilities,further • Effective and institutionalized coordination, emphasizing the importance of reliable and resilient cooperation,and collaboration at multiple utility networks. scales 5.Coordinating between jurisdictions • A regional prioritization mechanism for resiliency initiatives Virginia Beach and Norfolk both interact regularly with Navy representatives.However,in most cases, Sub Area 1 —Priority Issues► Infrastructure collaboration that occurs today is driven by project- reliability and access to NS Norfolk and NSA specific needs of each city or the Navy.There is a lack Hampton Roads.Home to both NS Norfolk and NSA of formalized coordination,which makes partnering Hampton Roads,this area has the highest number of on larger,regional-scale projects and strategies more miles of roadway that could potentially be flooded challenging.Routine leadership changes that occur under the 3.0 feet SLR scenario.The Hampton with the Navy and elected officials can also create Boulevard corridor is a key connection between NS challenges for continuity. Norfolk and downtown,as well as the many residential Effective regional planning requires coordination neighborhoods to the south of the installations. among federal,state,and local government agencies Sub Area 2—Priority Issues►Shore Drive flooding and the private sector.Good examples of partnering and underperforming stormwater systems and exist and can serve as a model for building on the flooding at JEB Little Creek.Central infrastructure cities'existing mechanisms for coordination with the vulnerabilities include roadway flooding along Shore Navy moving forward.However,a formalized, Drive and stormwater management infrastructure consistent mechanism for coordination,particularly that may be contributing to flooding at JEB Little about issues related to flooding,is needed. Creek. ES-4 j REVISED DRAFT NORFOLK AND VIRGINIA BEACH JOINT LAND USE STUDY Sub Area 3-Priority Issues►Flooded roadways Sub Area 4-Priority Issues►Flooded roadways and blocked access between JEB Little Creek and and blocked access on Sandbridge Road and Dam JEB Fort Story and adjacent neighborhoods.This Neck Annex.This area includes sections of Dam area provides a critical connection between both Neck Road and Nimmo Parkway,both of which properties and between the northwestern and provide important east-west connections between northeastern halves of Virginia Beach.Parts of this the western part of Virginia Beach and the coast and area will potentially be cut off from access due to links NAS Oceana to Fentress Airfield,an auxiliary flooded roadways under the 3.0 feet of SLR scenario, landing field located in Chesapeake.When thereby eliminating access to JEB Fort Story, Sandbridge Road floods,the road is closed,and neighborhoods flanking Shore Drive,and nearby public traffic is re-routed north through Dam Neck • community assets. Annex.This creates security challenges for the base related to force protection. The four target sub areas and JLUS flooding scenarios are shown in Figure ES-1. Sub Are 1 Sub Area 2 ct.•a+c+..SOY Sub Area 3 �sfm r.+. -•� Ltlli C "'7�" AB lmx CM*' , o R.- n tmy. RIM #t .... \ 1 •, kkyy ' -•e drioN� � � vtrginfa eeetA t� � a .mac ° " '� . I',_ � 4 , 4 f - v City of ; " ,, ° t \ ...,, _7 $ PVitsmou ir e--i, \ Ns...,s/�,. .c'" NAS t�caaru " ,fit Sub Am i A-i 1 ,Wy ,• All t t' 1 1Cityof / -01" � "'."`" „ ,. Cfresapeakc ! ' .f '�-3. :_ Airs, A s - r -44 • Legend J ceo,w `S • meats Control Roo Moot Tda'F41i0mq.U'5LR le Moor TOa+tic0le,o.3'S.*; �.orr X'`" O'--• Navy astalaVoNa -ROu"'ti' MN'kW TOa,froodeg I star 0 FIGURE ES-1:SLR Scenarios and Target Sub Areas REVISED DRAT-+. NORFOLK AND VIRGINIA BEACH JOINT LAND USE STUDY 1 ES-5 ACTIONS AND STRATEGIES TOP-RATES ACTIONS AND PRIORITIES The JLUS identifies 22 Actions,23 Regional A set of 15 criteria were established to evaluate how Coordination Strategies,and seven Conversations. well each proposed Action addresses the JLUS goals and reduces overall risk to military readiness.The Actions address challenges identified in criteria consider Installation Readiness,DoD 22Personnel Readiness,System Performance and specific target areas that impact access to Design,and Co-Benefits,Installation and personnel the installations and/or critical community facilities, stormwater and flood risk management,or utility readiness criteria were each given a weighting multiplier of 3 and 2,respectively,to place an reliability. intentional emphasis on Actions that support these Regional Coordination Strategies address JLUS objectives.Action scores are the primary 2117 issues related to coordination and outreach; indicator of priority for implementation. advocacy,policy,development regulations;and Based on the application of the criteria,eight priority technology and data.They identify opportunities to Actions received a score of 15 or above.These are work together more effectively by improving shown in Figure ES-2,Priority JLUS Actions,and processes and policies that promote more described in Table ES-1.The two highest-scoring consistency on issues of importance to the JLUS Actions are comprehensive flood mitigation and partners.5 stormwater management strategies for Hampton Boulevard and Shore Drive—both of which are 117 Conversations require further discussion and primary roadway corridors serving the DoD.Each of exploration among JLUS stakeholders to the navy installations is represented in one or more of determine whether an idea should be studied further. the priority actions.More detail about all 22 Actions Conversations may lead to agreement that further can be found in the full JLUS report. study is needed or that a certain course of action In addition to Actions,23 Regional Coordination should be pursued.6 Strategies are recommended by the JLUS to In many instances,the Actions refer to studies and address coordination and outreach,advocacy,policy, projects in need of more technical engineering development regulations;and technology and data. analysis and coordination across jurisdictions to The need for effective and strategic collaboration define appropriate and site-sensitive design among the JLUS partners is critical but also solutions.In other instances,where appropriate, challenging:effective regional planning requires actions prescribe potential infrastructure upgrades coordination among Federal,state,and local that could improve existing or forecast conditions. government agencies and the private sector.These The Actions also include relevant projects already coordination strategies can be pursued to improve or proposed or underway by the localities or other expand existing coordination mechanisms,promote agencies that have a direct relationship to the consistency,and enable progress toward a regional vulnerability analysis findings and impact on military framework for addressing SLR and flooding across readiness. jurisdictions. 5 Additional strategies that were discussed,but were either not identified as a priority,or that were outside the scope of the study,are included in the Appendix of the JLUS Report. 6 Conversations are described in the Appendix of the JLUS Report. ES-6 I REVISED DRAFT NORFOLK AND VIRGINIA BEACH JOINT LAND USE STUDY Na Norfolk _ fhb. Nall JEb Hampton Roads fan Slog Lite Creek Rd JES Lebo Crook O.' Oj`aAgoik, �"�- It', Anna ti h ��N,,�c� kforann ?a > Nr>n�,T5W6 v cif City of 8i -r1 Cify of Norfolk / Virginia Beach 1 tit i - fir. a �d OAS Oraanj —19 Q Dam Neck 0 Ammo iff Dam Neck Rd 0 Legend Hampton Boulevard Comprehen /- sive )JEB Late Creek Gate 1-Amplabians Bountl sl CI Rood Mitigaton and Stormwater 1.a1 Dnye-Shore drive Flooding Study 0 Lafayette River QUter Surge Q Dream Boutevardt3ells Road Navy Installs ban Management Strategy Barr er(USAGE) Drainage Study —Roadways Shore Drive Cornprehenaive East ib one Drive,Chubb Lake, Dam Neck Gate Food Impact Pretty Lake Stone Srage Hood Co and enerve t and Lake Bradford Flood Mitigation and Q , 0 Bonier(USAGE)L1 Management Strategy Stormwater Management Strategy FIGURE ES-2:JLUS Priority Actions(score 15 or above) REVISED DRAFT NORFOLK AND VIRGINIA BEACH JOINT LAND USE STUDY f ES-7 TABLE ES-1:PRIORITY ACTIONS # ACTION SCORE DESCRIPTION Hampton Boulevard is a major north-south roadway in Norfolk linking major economic Hampton engines for the region including NS Norfolk,NSA Hampton Roads,and the Port of Boulevard Virginia.This corridor provides direct access from downtown Norfolk and the Midtown Tunnel Area to critical Dob assets,and is a primary route to connect NS Norfolk to Comprehensive 1 FloodMitigative 19 Special Area Craney Island Fuel Depot to the west and Lafayette River Annex to the and Stormwater south.A comprehensive flood mitigation and stormwater management strategy is Management needed that considers Norfolk,U.S.Navy,and VA Port Authority infrastructure.The Strategy strategy should explore a range of measures,including increased stormwater infrastructure capacity and roadway elevation options,to address both recurrent flooding today and long-term SLR over time. Shore Drive Shore Drive is a heavily-traveled east-west corridor that connects JEB Little Creek and Comprehensive JEB Fort Story.With an additional 3 feet of SLR,several segments of the roadway could 2 Flood Mitigation 19 become vulnerable to flooding,and access to JEB Fort Story from Shore Drive could be and Stormwater completely cut off over time.A comprehensive corridor study that focuses on the Management Western Shore Drive segment is needed to develop a range of options and identify a Strategy preferred approach for addressing the impacts of SLR. Recurrent precipitation flooding around the JEB Little Creek Gate 1 causes congestion JEB Little Creek and delays for military personnel attempting to enter and exit the base.This issue can be Gate 1— compounded when recurrent flooding occurs on Amphibious Drive,the only internal Amphibious roadway connecting the eastern and western sides of JEB Little Creek.A joint technical 3 18 hydrologic and hydraulic(H&H)modeling study between Virginia Beach,Norfolk,and the Drive-Shore Navy is needed to determine the cause(s)of the recurrent flooding in this area and to Drive Flooding inform the development of design solutions to manage stormwater and drainage around Study the gate and to account for long-term SLR impacts near the gate and along Amphibious Drive. East Amphibious Tidal and storm events,combined with aging stormwater management infrastructure Drive,Chubb both on and off JEB Little Creek,regularly impact the areas south of Lake Bradford and Lake,and Lake Chubb Lake.in general,JEB Little Creek is at the receiving end of a large drainage area 4 Bradford Flood 17 that includes several neighborhoods outside the installation.A coordinated and Mitigation and comprehensive strategy for mitigating flooding along East Amphibious Drive on JEB Stormwater Little Creek,and surrounding areas,is needed to define appropriate infrastructure Management improvements and coordinated management and maintenance procedures. Strategy Flooding from the Lafayette River during tidal and storm events is a recurring issue in the Lafayette River adjacent neighborhoods and along Hampton Boulevard.a primary corridor serving NS Outer 16 Norfolk,NSA Hampton Roads,and Lafayette River Annex.The 2018 USACE CSRM 5 Barrier Surge Feasibility Study for Norfolk proposes implementing a storm surge barrier on the Lafayette River,from Norfolk International Terminals to the Lambert's Point Golf course, as a way to manage flood risk to the Lafayette River watershed. Dam Neck Gate Impeded access to the Dam Neck Annex's Main Gate would have a significant impact on 6 Flood Impact 15 military readiness.Jointly pursuing an H&H study to assess the potential flood impacts Study of additional SLR on the Main Gate would allow the installation and Virginia Beach to take adequate measures to ensure that access is not impeded in the future. Oceana NAS Oceana's Bells Road Gate is a heavily used entrance to the installation that currently 7 Boulevard/Bells 15 experiences issues with ponding and standing water that contributes to congestion Road Drainage delays getting onto the base.A coordinated hydrological and hydraulic study is needed Study to evaluate drainage conditions and appropriate solutions for resolving the issues. Portions of the Pretty Lake watershed routinely flood during tidal/storm events, Pretty Lake impacting the adjacent neighborhoods and roadways,including Shore Drive, a primary 8 Storm Surge 15 east/west corridor serving the DoD.The 2018 USACE CSRM Feasibility Study for Norfolk Barrier(USACE) proposes a system of measures,including floodwalls and a storm surge barrier at the mouth of Pretty Lake,to reduce flood risk in the Pretty Lake/Little Creek watershed and to protect Shore Drive. ES-8 I REVISED DRAFT NORFOLK AND VIRGINIA BEACH JOINT LAND USE STUDY Each strategy included in Chapter 4 was designated Define Geographic Information System(GIS) as a high priority by the JLUS Technical and Policy data sharing protocols,requirements,and Committees.The full list of recommended regional points of contact at cities and Navy to support coordination strategies is too long to include herein; cross jurisdictional technical studies,analyses, however,a sample of the strategies is included below, and project execution. and more detail is available in the report. The Actions,Regional Coordination Strategies,and • Adopt a Memorandum of Understanding(MOU) Conversations recommended by the JLUS provide an among JLUS partners to commit to working actionable framework for the cities and the Navy to together to advance and implement JLUS use as a set of"next steps"to address pressing priorities and establish a JLUS Implementation concerns about the impact of flooding and SLR on Committee as an outcome of the MOU. mission readiness and broader community health, • Develop a stormwater systems maintenance safety,and welfare,now and in the future. The JLUS MOU for each installation and respective locality process aims to facilitate an ongoing dialogue to define ongoing roles and responsibilities for between JLUS partners that should continue far routine maintenance of ditches,culverts,and beyond the conclusion of the study itself. As other drainage components that span locality/ conditions change and new information becomes Navy jurisdiction. available,the project partners should continue to incorporate that information,updating the JLUS • Encourage Congress to appropriate funding for Actions,Regional Coordination Strategies,and the Defense Community infrastructure Conversations as appropriate to ensure that the JLUS Program(DCIP),7 remains an actionable,"living"document. • Pursue an amendment to the Code of Virginia and the Virginia Residential Property Disclosure Act for mandatory disclosure requirements for flood hazard for real estate transactions(purchase and rental). • Develop regional guidance for incorporating flooding and SLR into city capital planning projects to ensure that all projects adequately address flooding and SLR vulnerability,risk,and adaptation. 7 The 2019 National Defense Authorization Act,H.R.5155.Subtitle D,Section 2816,authorizes a defense community infrastructure pilot program that could provide funding to state and local governments to address deficiencies in community infrastructure supportive of a military installation.As of January 2019,funding has not been appropriated for the program. REVISED DRAFT NORFOLKAND VIRGINIA BEACH JOINT LAND USE STUDY ES-9 VB , tins,p..a0, ? AF` _:- vas .. e .- y 1 ., WATER ' Norfolk and Virginia Beach Joint Land Use Study—Fact Sheet #1 Who is part of the JLUS? The Joint Land Use Study(JLUS)is a cooperative planning process among the Cities of Norfolk and Virginia Beach, the Commonwealth of Virginia,and the following four(4) Navy installations:Joint Expeditionary Base Little Creek-Fort Story;Naval Air Station Oceana (including Dam Neck Annex and excluding Naval Auxiliary Landing Field Fentress); Naval Station Norfolk,and Naval Support Activity Hampton Roads.The Hampton Roads Planning District Commission (HRPDC) is serving as the primary project sponsor.The JLUS is funded by a grant from the Department of Defense (DOD),Office of Economic Adjustment(OEA)and from local match contributions of participating jurisdictions and the HRPDC. OEA provides grant assistance to state and local governments to mitigate or prevent incompatible community activities that are Likely to impair the long-term sustainability and operational utility of the military installation complex. What is a Joint Land Use Study? , The JLUS seeks to create a ton term planningGUIDING PRINCIPLES OF THE JLUS 9 partnership that protects the quality of life in local communities and sustains the military missions associated with the four military Sustain the military mission installations.The JLUS will include evaluation of various 71 Economic viability compatibility factors associated with interagency coordination 7 Collaboration and communication,transportation capacity,community infrastructure,recurrent flooding,coastal storms,and other factors that have the potential to create adverse impacts to How can I participate or obtain information? military readiness.Overall,the JLUS seeks to strengthen the The JLUS process was initiated in February 2017 and is relationships among civilian and military interests. expected to be completed in the fall of 2018. Please visit the project website at www.hamptonroadsjlus.com for updated Why is the JLUS important? information about the process,schedule,and methods for A major goal of the JLUS is to protect our investment in input.The planning process wilt include Technical and Policy national defense,as well as the positive economic impacts Committee meetings along with three public meetings. created by the DOD and the Navy specifically.The DOD is The first public meeting will be held May 2,2018 at the the largest component of the Hampton Roads economy. Hampton Roads Planning District Commission office. The Navy's direct economic impact on the Hampton Roads area in 2016 was approximately$12.3 billion What is the outcome of the JLUS? For more information, please contact The JLUS is an advisory document for the cities of Norfolk Mr. Ben McFarlane and Virginia Beach to help guide community development Senior Regional Planner that is compatible with continued military operations.The Hampton Roads Planning District Commission JLUS planning process will identify recommendations and a 5 (757) 420-8300 strategy to carry out measures that prevent the introduction of incompatible civilian development,or other related impacts, " bmcfarlane@hrpdcva.gov that may limit the ability of the Navy to conduct operations. _ The plan focuses mostly on preventing future land use This document was prepared under contract with the Hampton Roads Planning conflicts,but also encourages investment in the community, District Commission(HRPDC),with financial support from the Office of Economic Adjustment,Department of Defense.The content reflects the views of the HRPDC especially in areas that will not interfere with military activities. and does not necessarily reflect the views of the Office of Economic Adjustment. Navy Region Mid-Atlantic Hampton Roads Area FY 2016 Economic Impact Report. IA�MMa�s ISM (u -i ji s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Oppose HB 152 and Any Similar Bill that Negates or Limits Single-Family Zoning Districts PUBLIC HEARING DATE: January 21, 2020 MEETING DATE: February 4, 2020 ■ Background: Local government is the elected government closest to the people, and local governments have constructively created and applied zoning classifications to balance competing uses and create high-quality livable communities. Single-family zoning is one of the zoning classifications that contributes to and makes for a high-quality of life in a community. Homeowners residing in a single-family zoned subdivision purchased their homes relying on the zoning classification provided by the governing body of the local government. The covenants made between local governments and single-family home owners should not be voided by the Commonwealth. House Bill 152 was pre-filed by Delegate Samirah. This bill would re-write local zoning codes to make a single-family residential use automatically include "middle housing." As defined in the bill, "middle housing" means two-family residential units, including duplexes, townhouses, cottages, and any similar structure. The bill allows localities to regulate the siting, design, and environmental standards of middle housing residential units, including setback requirements, "provided that the regulations do not, individually or cumulatively, discourage the development of all middle housing types permitted through unreasonably costs or delay." • Considerations: The attached resolution expresses the Council's opposition to HB 152. The resolution also expresses opposition to any other bill that negates or limits the ability of the Council to authorize single family zoning districts as a by-right use. • Public Information: Public information will be provided through the normal Council agenda process. Councilmember Moss shared this item with the City Council during Council's January 7, 2020 informal session, and a public hearing will be held on January 21, 2020. • Attachments: Resolution; House Bill 152. Requested by Mayor Dyer, Vice Mayor Wood and Councilmember Moss Requested by Mayor Dyer, Vice Mayor Wood and Councilmember Moss 1 A RESOLUTION TO OPPOSE HB 152 AND ANY SIMILAR 2 BILL THAT NEGATES OR LIMITS SINGLE-FAMILY ZONING 3 DISTRICTS 4 5 WHEREAS, local government is the elected government closest to the people; 6 7 WHEREAS, local governments have constructively created and applied zoning 8 classifications to balance competing uses and create high-quality livable communities; 9 10 WHEREAS, single-family zoning is one of the zoning classifications that 11 contributes to and makes for a high-quality of life in a community; 12 13 WHEREAS, homeowners residing in a single-family zoned subdivision purchased 14 their homes relying on the zoning classification provided by the governing body of the 15 local government; and 16 17 WHEREAS, covenants made between local governments and single-family home 18 owners should not be voided by the Commonwealth. 19 20 NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE 21 CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 22 23 The City Council hereby expresses its opposition to House Bill 152 or like Senate 24 or House bills that negate or otherwise supersede single-family zoning districts by 25 establishing a by-right use to construct two or more dwelling units where only one dwelling 26 unit is currently allowed by a locality's existing zoning ordinances. 27 28 BE IT FURTHER RESOLVED, THAT: 29 30 The City Council hereby directs this resolution be circulated to the local delegation. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14978 R-2 January 8, 2020 2020 SESSION INTRODUCED 20104474D 1 HOUSE BILL NO. 152 I..I 2 Offered January 8,2020 3 Prefiled December 18,2019 4 A BILL to amend the Code of Virginia by adding a section numbered 15.2-2292.2, relating to zoning; H 5 two-family development on single-family lots. 6 Patron—Samirah 7 8 Committee Referral Pending ICI 9 �J 10 Be it enacted by the General Assembly of Virginia: 11 1. That the Code of Virginia is amended by adding a section numbered 15.2-2292.2 as follows: ^ 12 §15.2-2292.2. Two-family development allowed on lots zoned for single-family 1amily use. j 13 All localities adopting a zoning ordinance under the provisions of this article shall allow L', 14 development or redevelopment of middle housing residential units upon each lot zoned for single-family 15 residential use. For purposes of this section, "middle housing" means a two-family residential unit, el 16 including duplexes, townhouses, cottages, and any similar structure by whatever name it may be known. 17 Such structures shall not require a special use permit or be subjected to any other local requirements 18 beyond those imposed upon other authorized residential uses. Localities may regulate the siting, design, 19 and environmental standards of middle housing residential units, including setback requirements, 20 provided that the regulations do not, individually or cumulatively, discourage the development of all 21 middle housing types permitted through unreasonable costs or delay. Nothing in this section shall 22 prohibit local governments from permitting (i) single-family dwellings in areas zoned to allow for 23 single-family dwellings, or (ii) middle housing in areas not required under this section. Cd N -u-�' fuvtr— �s) CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEMS: Ordinances to Designate DC Art Institute of Virginia Beach, LLC, DC South University of Virginia, LLC, and In Home Health, LLC, as Being Exempt from Local Property Taxation MEETING DATE: February 4, 2020 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). These three applications were deferred on December 10, 2019. After that meeting, the Commissioner sent a correspondence to the three applicants informing each of the deferral and offered the opportunity to provide additional information including updated 990s, updated salary information, and an opportunity to provide a narrative stating the public benefit provided by the organization. The Commissioner provided additional information from In Home Health, LLC to the Council at its January 21st meeting. Both DC Art Institute of Virginia Beach, LLC and DC South University of Virginia, LLC requested a deferral to February 4, 2020, to allow additional time to provide updated tax filings. The Council deferred all three ordinances from the January 21 meeting to February 4th • Considerations: These three applications for exemption by designation have been found by Commissioner of the Revenue to meet the City Council policy for Tax Exemption by Designation. All three are single member limited liability companies that are owned by 501(c)(3) entities. • Alternative: City Council is not required to approve exemption requests. • Public Information: A public hearing for these items was held on December 3, 2019, during the Council Formal Session. A total of 19 exemptions were discussed by the Council at its Formal Session on December 10, 2019. This item will be advertised in the normal Council Agenda Process. • Attachments: Ordinances (3); Commissioner of Revenue Summary of the Applications (3); Disclosure Forms (3); Council Policy Recommended Action: Approval of Ordinances Submitting Department/Agency: Commissioner of the Revenue ____,F City Manager. rl/ 1 AN ORDINANCE TO DESIGNATE DC ART INSTITUTE OF 2 VIRGINIA BEACH, LLC, AS BEING EXEMPT FROM REAL 3 AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to DC Art Institute of Virginia Beach, LLC; 8 9 WHEREAS, DC Art Institute of Virginia Beach, LLC, is a single member limited liability 10 company whose sole member is Dream Center Education Holdings, LLC, a single member 11 limited liability whose sole member is Dream Center Foundation, Inc, a nonprofit organization; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 1. That the Council of the City of Virginia Beach, Virginia, hereby designates DC Art 17 Institute of Virginia Beach, LLC a charitable organization within the context of§6(a)(6)of Article 18 X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 19 20 2. That real and personal property owned by DC Art Institute of Virginia Beach, LLC 21 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 22 nonprofit basis is hereby exempt from local property taxation. 23 24 3. This exemption is contingent on the following: 25 26 (a) continued use of the property by DC Art Institute of Virginia Beach, LLC for 27 exclusively charitable purposes; 28 29 (b) that each July 1, DC Art Institute of Virginia Beach, LLC shall file with the 30 Commissioner of the Revenue a copy of its most recent federal income tax 31 return, or if no such return is required, it shall certify its continuing tax exempt 32 status to the Commissioner of the Revenue; 33 34 (c) that every three years, beginning on January 1, 2022, DC Art Institute of Virginia 35 Beach, LLC shall file an exemption application with the Commissioner of the 36 Revenue as a requirement for retention of the exempt status of the property;and 37 38 (d)that DC Art Institute of Virginia Beach, LLC cooperate fully with the Commissioner 39 of the Revenue with respect to audit of its financial records and compliance with 40 the terms of this ordinance. 41 42 4. That the effective date of this exemption shall be January 1, 2020. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL IENC Commissioner of the Revenue i orn y's ffice CA14937/R-2/January 9, 2020 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: DC Art Institute of Virginia Beach, LLC Website: www.artinstitutes.edu/virginia-beach SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Art Institute of Virginia Beach, LLC is a private institute of learning offering bachelor degrees, associate degrees, diploma's and certificated in the field of applied arts. They offer courses in visual design, photography, culinary, fashion, and animation and effects. Student come to Art Institutes with a natural artistic ability, and our instructors help them strengthen those skills and guide their professional growth and maturity. Faculty and students are involved in numerous local events, and believe in giving back to the community by supporting various charitable events. Students and faculty have participated in events at the Food Bank, the Children's Hospital of the King's Daughters, the Gosport Arts Festival, the Virginia Opera, the Hispanic Chamber of Commerce, and the Judeo-Christian Outreach Center. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $2,797,612 Tax: $44,761.79 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status— October 26, 2010 DfSCLOSURE STATEMENT FIRM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: 1 1 .( )S L(T C of .s t cr-c SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Financial Services (include IN a lending/banking institutions and current mortgage holders as applicable) 1 1 [2 Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. - � J I4.4,4-6a) Bit&CkL.O,vA 3 - 2I-/( APPLICANTS SIGNATURE PRINT NAME DATE 1 AN ORDINANCE TO DESIGNATE DC SOUTH UNIVERSITY 2 OF VIRGINIA, LLC, AS BEING EXEMPT FROM REAL AND 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to DC South University of Virginia, LLC; 8 9 WHEREAS, DC South University of Virginia, LLC, is a single member limited liability 10 company whose sole member is Dream Center Education Holdings, LLC, a single member 11 limited liability whose sole member is Dream Center Foundation, Inc, a nonprofit organization; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 1. That the Council of the City of Virginia Beach, Virginia, hereby designates DC South 17 University of Virginia, LLC a charitable organization within the context of§ 6(a)(6)of Article X of 18 the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 19 20 2. That real and personal property owned by DC South University of Virginia, LLC 21 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 22 nonprofit basis is hereby exempt from local property taxation. 23 24 3. This exemption is contingent on the following: 25 26 (a) continued use of the property by DC South University of Virginia, LLC for 27 exclusively charitable purposes; 28 29 (b) that each July 1, DC South University of Virginia, LLC shall file with the 30 Commissioner of the Revenue a copy of its most recent federal income tax 31 return, or if no such return is required, it shall certify its continuing tax exempt 32 status to the Commissioner of the Revenue; 33 34 (c) that every three years, beginning on January 1, 2022, DC South University of 35 Virginia, LLC shall file an exemption application with the Commissioner of the 36 Revenue as a requirement for retention of the exempt status of the property;and 37 38 (d) that DC South University of Virginia, LLC cooperate fully with the Commissioner 39 of the Revenue with respect to audit of its financial records and compliance with 40 the terms of this ordinance. 41 42 4. That the effective date of this exemption shall be January 1, 2020. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL CIEN Y: Commissioner of the Revenue -City ney s ffice CA14947/R-2/January 9, 2020 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: DC South University of Virginia, LLC Website: www.southuniversity.edu/virginia-beach SUMMARY OF NONPROFIT BUSINESS ACTIVITY South University is a private academic institution dedicated to providing educational opportunities for the intellectual, social, and professional development of a diverse student population. To achieve this purpose, the institution offers focused and balanced curricula at the associate's, baccalaureate, master's and doctoral levels. A broad-based core curriculum is offered, promoting critical thinking, effective verbal and written communication, and skills for life-long learning. Additionally, the University focuses on developing the requisites to pursue and appreciate knowledge. They offer undergraduate,graduate, masters, and doctoral degrees. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $3,075,604 Tax: $49,209.66 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status— October 26, 2010 DJSCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: o ct t1-t k,.� cn2s z�-y— vA- d c�v-+ cst.,'t Pc-t S SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) I f .f Accounting and/or preparer of your tax return Financial Services (include n lending/banking institutions and ✓ " current mortgage holders as applicable) El Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION:Rfm I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. P 1C1�1LC—N 6A Ccr_onlA 3-22.-/e APPLICANT' SIGNATURE PRINT NAME _.-,..w...�.,,._.,.--..�,.,._..._...,..t..._......�...,.,._.-.��r_�.,�,.� �. DATE 1 AN ORDINANCE TO DESIGNATE IN HOME HEALTH, LLC, 2 AS BEING EXEMPT FROM REAL AND PERSONAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to In Home Health, LLC; 8 9 WHEREAS, In Home Health, LLC, is a single member limited liability company whose 10 sole member is HCR ManorCare, Inc, a nonprofit organization and wholly owned subsidiary of 11 ProMedica Health Systems, Inc, a nonprofit organization; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 1. That the Council of the City of Virginia Beach, Virginia, hereby designates In Home 17 Health, LLC a charitable organization within the context of § 6(a)(6) of Article X of the 18 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 19 20 2. That real and personal property owned by In Home Health, LLC located within the 21 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 22 hereby exempt from local property taxation. 23 24 3. This exemption is contingent on the following: 25 26 (a) continued use of the property by In Home Health, LLC for exclusively charitable 27 purposes; 28 29 (b) that each July 1, In Home Health, LLC shall file with the Commissioner of the 30 Revenue a copy of its most recent federal income tax return, or if no such return 31 is required, it shall certify its continuing tax exempt status to the Commissioner of 32 the Revenue; 33 34 (c) that every three years, beginning on January 1, 2022, In Home Health, LLC shall 35 file an exemption application with the Commissioner of the Revenue as a 36 requirement for retention of the exempt status of the property; and 37 38 (d)that In Home Health, LLC cooperate fully with the Commissioner of the Revenue 39 with respect to audit of its financial records and compliance with the terms of this 40 ordinance. 41 42 4. That the effective date of this exemption shall be January 1, 2020. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL FFI N Y: Commissioner of the Revenue City At rney's Office CA14946/R-2/January 9, 2020 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION' ENTITY NAME: IN HOME HEALTH, LLC Website: https://www.heartlandho*ce.com/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY In Home Health, LLC maintains and operates hospice and home health care agencies. In addition it carries Oh other activities to promote, sponsor, develop and operate programs and activities for the care and treatment of the sick, infirm, convalescent and aged. This company is a disregarded subsidiary of HCR ManorCare, Inc., a wholly owned subsidiary of ProMedica Health Systems. ProMedica Health Systems is a mission-based, not for profit integrated health care organization. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $98,001 Tax: $1,568.020 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—March 20, 2019 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: IN HOME HEALTH, LLC SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) El Accounting and/or preparer of your tax return Financial Services (include ❑ ai lending/banking institutions and current mortgage holders as applicable) ❑ ( ] Legal Services ❑ M Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. LYNNE DAVIS 5/1/19 APPLICA 'S SI ATURE PRINT NAME DATE ` ,�,v+.e � Original Proposal 17, ''''t--1.11\ o`` :Ava.. „� City Council Policy Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6,2008 Page I of 4 1.0 Purpose and Need • Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, Iocal nonprofit organizations from real and personal property taxes. Need: City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofn organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent,cultural,or public park and playground purposes. However,as provided in Virginia Code §58.1-3651, the local governing body must adopt an ordinance to exempt the property. 2.0 Policy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue • detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: 4 4 Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3,2004 Dates of Revisions: May 6, 2008 Page 2 .of 4 • 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c)status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code§58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the.Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 (§58.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code§58.1-3651), the organization will receive 1 . ' ' Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City CIerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January L 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information, application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: .?ebruary 3, 2004 Dates of Revisions:May 6,2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption, LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. rJ h for I 'i`'i- FT CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City- Owned Property Known as Bass Inlet located at the rear of 2901 Sandpiper Road MEETING DATE: February 4, 2020 • Background: Michael Shawn Rosno and Tammy Marie Rosno (the "Rosnos") have requested permission to construct and maintain a proposed 24' x 5.4' pier (the "Encroachment") into City-owned property known as Bass Inlet, adjacent to the property located at 2901 Sandpiper Road. • Considerations: City staff has reviewed the requested Encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. The pier will replace an existing dock previously approved by Council in 2004. There are similar encroachments in the Bass Inlet, which is where the Rosnos have requested to encroach. • Public Information: Public notice via the normal City Council agenda process. • Alternatives: Deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Location Map, Pictures and Disclosure Statement. Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real EstateTt_____ ---- City Manager: `'(b., 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS BASS INLET 7 LOCATED AT THE REAR OF 2901 8 SANDPIPER ROAD 9 10 WHEREAS, Michael Shawn Rosno and Tammy Marie Rosno (the"Rosnos") 11 have requested permission to construct and maintain a proposed 24' x 5.4' pier (the 12 "Encroachment") adjacent to their property located at 2901 Sandpiper Road (GPIN: 2433- 13 35-3062). The Encroachment would extend into the City's property known as Bass Inlet 14 (GPIN: 2433-33-0267); 15 16 WHEREAS, on March 9, 2004 under Ordinance 2800A, Council approved the 17 installation of rip rap and an existing wooden dock on the Rosnos' property; and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 20 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 21 the City's property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Rosnos, their heirs, assigns 28 and successors in title are authorized to construct and maintain a 24'x 5.4' pier in the City's 29 property known as Bass Inlet as shown on the map entitled: "EXHIBIT A 30 ENCROACHMENT REQUEST FOR MICHAEL S. and TAMY M. ROSNO LOT 83A, 31 SECTION 1, TRACT C SANDBRIDGE BEACH (Inst: 20190411000283790)SANDBRIDGE 32 DISTRICT," dated December 17, 2019, prepared by Waterfront Consulting Inc., a copy of 33 which is attached hereto as Exhibit "A" and on file in the Department of Public Works, to 34 which reference is made for a more particular description; 35 36 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to 37 those terms, conditions and criteria contained in the Agreement between the City of Virginia 38 Beach and Michael Shawn Rosno and Tammy Marie Rosno (the "Agreement"), an 39 unexecuted copy of which has been presented to the Council in its agenda, and will be 40 recorded, after execution, among the records of the Clerk's Office of the Circuit Court of the 41 City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and i 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as Michael Shawn Rosno and Tammy Marie Rosno and the City Manager or his 47 authorized designee execute the Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of February, 2020. CA14841 R-1 PREPARED: 01/09/2020 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d023\p033\00616634.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE . HARM ER SENIOR CITY ATTORNEY 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 3 day of , 20 2.9by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a unicipal corporation of the Commonwealth of Virginia, Grantor, "City", and MICHAEL SHAWN ROSNO and TAMMY MARIE ROSNO, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 83A GPIN 2433-35-3062" as shown on the plat entitled "RESUBDIVISION OF LOT 83, TRACT C, SECTION 1 SANDBRIDGE BEACH (M.B. 41, P.7) AND PORTION OF 10' STRIP SECTION 1-A, SOUTH AREA SANDBRIDGE SHORES (M.B. 72, P.2) VIRGINIA BEACH, VA," Scale: 1" = 20', dated February 20, 2018, prepared by Align Surveying & Design, P.C. which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20190411000283790, and being further designated, known, and described as 2901 Sandpiper Road, Virginia Beach, Virginia 23456-4434; WHEREAS, the Grantee, as successor in title, was previously granted permission to encroach into a portion of Bass Inlet to construct and maintain rip rap and a wooden dock by Agreement recorded in the aforesaid Clerk's Office as Instrument Number 2004032900048402. GPIN: 2433-33-0267 - Bass Inlet - City of Virginia Beach Property 2433-35-3062 - 2901 Sandpiper Road WHEREAS, it is now proposed by the Grantee to construct and maintain a 24' x 5.4' Pier (the "Temporary Encroachment"), in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Bass Inlet "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR MICHAEL S. and TAMMY M. ROSNO LOT 83A, SECTION 1, TRACT C, SANDBRIDGE BEACH (INST: 20190411000283790) SANDBRIDGE DISTRICT,"dated December 17, 2019, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The 3 Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement,the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, MICHAEL SHAWN ROSNO and TAMMY MARIE ROSNO, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be 4 executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of , 20 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 MIC AEL, ROSN , Owner Lo,„ TAMMY RI ROSNO, Owner STATE OF (r1 CITY/COUNTY OF tt , to-wit: The foregoing instrument was acknowledged before me this 3 day of d41-1 , 20AC, by Michael, Shawn Rosno and Tammy Marie Rosno. a)41(-- SEAL) otary Public KATHLEEN WALRATH NOTARY PUBLIC;STATE OF NEWYORK 900 Notary Registration Number: a �I(�9 CC Reli tia±ion No.e'y;n County (iu�_iifiad in S,e��Een Caunty / Commission Expires May 21,2023 My Commission Expires: 5/ / --�� APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM G _ , \ J SIG DA A . RM YER O' / 262_0 SENIOR TY ATTORNEY DATE PUBLIC WORKS/REAL ESTATE DEPARTMENT/DIVISION 7 LOT 84 N/F SHEEHAN FAMILY TRUST 1- " GPfN: 2433-35-3140 65, -It 118 INST.20160505000377060 A37' •- rri :1 '00" N/F JOHN R. SHEEHAN� \i 14 1g'i2 y GPIN: 2433-35-2088 \ '/ - 1 INST:20041 01 401 63854 \ -- s V 8, wi O 0 ti -rn. LOT 83A a' GPIN: 2433353062000 0 o I NST: 2019041 1 000283790 .,- \ \ 1 -� \ ' � - tA rr a N �- \ PROPOSED 2 \ \ \ PIER p; 13�'65 W N/F CITY BOFSVIRG NIA BEACH INLET .--7g"12�0 N GPIN: 2433-33-0267 \_______,,-- \ S LOT 82 N.B. 72, PG. 2) N/F SANDPIPER REALTY LLC GPIN:2433-34-3995 D.B. 3342, PG. 2052 PARCEL STRIP N/F NORTH BAY DEVELOPMENT CO. \\ 0 15' 30' GPIN: 2433-34-3 789 2019 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED. \ ►'=15' "'S. ' ,,.s ?;WATERFRONT EXHIBIT A ` ",� •CONSULTING INC. ENCROACHMENT REQUEST FOR 2589 QUALITY COURT, STE. 323 MICHAEL S. and TAMMY M. ROSNO VIRGINIA BEACH, VA 23454 LOT 83A, SECTION 1, TRACT C OFFICE:(757)425-8244 ENGINEERING SERVICES PROVIDED BY: SANDBRIDGE BEACH (INST: 20190411000283790) CHESEAPEAKE BAY SITE SOLUTIONS,INC. SANDBRIDGE DISTRICT DATE: DECEMBER 17, 2019 PHONE:(757)575-3715 W O z Z N o 0 M M M W N \\I-----::, , ,_ --‘--,- DER RO Ce o �F�OO Q r, Sf\ °' M a (� gOcNo � iii, WQuoH0WM �1111 ZZIXZaMQ � O O � Ncp � � co U V Z Z g1110 �sOOQ pv� a `� V Z � � °o III Z � N o � R :C) W = NOP\PE 1 v) V---:\ SPN J W \'-- _ ill \ � - �\ � IIII o N � M 7 as N idliaillik ii N CO W I M W UJ M TJ 'cf d N U y a a d J a n Ilisue. N d • stralq ib_ ii f A'3 _. y 11, .i.,-.'....'-1-.7'_,'....--.'*--- X i • I r __ .- A'_, :_ ,,, ,i,. , 1 ii .., is a i/ .1 - , �t d a v .qE4 - .4 *' ''° r 4 v y '0; i ` .,- - ' * ' ',' ' ,r-.741111144140911 ai ..d` R r' 4 t . I IP _ .- A l il 4,lc' ' 43ar., 444,.. .: 1 . .....4*, = . _ " c- 1 �:7 � �!9" - v.a'+a?�# a`, v;c +�4.� q, �r "• f1��i"Y 'fir �...- ...j 4 *r Zy d ; .. -s- ra '.sue a1 .� • �' -k 2° i� r 4'` , s "3� ^ _•..:_`�,s :}: � xa .�I � � �� e�� -a X� .` '�'_• '� 5::�� Y�, .L' j j p�}, "! d .-•` 4 3,.4;.rt "t44� r si' �� •� w ``�°"x k �`' ��.r, ;� r� '�,( ;as - s �1:3;' -�4`•�fi T,{�wf;x ,;1 "s:T}^•'a 4M �V`'' � Ca "rr '}�.`. ' ,±•ia-+a ;v"curFF il+ ° t.1r�y_L. : 'svtt�eh l,�.y ;aex;" ke� r� { i ; rc� t ,- w - Rmi• u .a Stom1yl' ,. 41 a`'�'4'Y�§":.•��.� k &4 r.� •uY "-s'`r`.gt7� +• ,T, ._ ,r `� a t3 a '.:YziAun= 1 a,J �. �. APPLICANT'S NAME M. Shawn and Tammy Rosno DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). 5�a APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: vi REVISIONS SUBMITTED DATE: ...., o, .. M;,,P- r_.. ,,.max c 3J, • c.tn --"' :'7h rr�-q v'' e4 • .r k W 3-�tt� �`�� ' t'c �`� s;"� "�4 ; 'a -•1� °"`+ , ?15 'kSs n 7y ^s::.ai-•� ,_ait£ i' ��i ,a,y,.. r" i. � L� .k'`e,. .�.�- ry r, ".'�� rt.W -..-s7 641/4 S �„`}�i ?. -,�0� '"�E�' '� .` T u-, v�i°at$; }�' �,'3f 1 - '�a 44V. 1,..•,y±ax r�4 �.i` .r t,r. 5gyr�"sY•� k `` 5 "io ''; €`c ...x$� . }'N, ` .< �y} gyp `L 9s°y 1 �(J(%i .Yw.�'34 ;-; .4�v- Ai"� � }2%' r AhFa e� _v°4' K, yz F 9C*�. TF h : fr , 4 ' d!' : SK 5 h�..� M ' a� R+C� Sf .'m �."' i yy t ; .f* 7 ri..m ar" s a iq 7 b n Ye ;kn a t r..r.'•.d- A sAreL Check here if the APPLICANT IS NOT a corporation, pa rrr business, or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: M. Shawn and Tammy Rosno If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a-corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 74' i .,N ..*.. n e. 4 - :1;� -i.,< '`�'' s _.#,? W""rrq„"s�; •.1 3 E µ6114—7 ,.� +�.. , , �s .;s-,, .t .5 '.�„ y�r ,'' .' , ^s.c 4 7 Y g a s•�:ae "`2 Fke ' r 'h. 'n a .. h _.'9s 1+!' �. 4 ..y� 4E',�{'A 5 i. 4 J � 4 ,.( ¢ <T t» !' �{ .''Y 1�N .`. 4,� t4t1,5, 7i �. .. [�1` fi Fr. '}.[. r +L r+M 'k. -1 -6' t .y. •7 it k J , vrC1 � � � ��}9.� a�4 � xC-. M� ��lA�,..+� Y Gy. E H'4 '.Yyx�Jl '&+ge �s . c s zrk -.Y y, � s i�,- _. ..- . ,... j 1 a,� 0 If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • 0 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 C, w � ''a+ �, ' ` 7 f a 6 =n , , � ,r a z.z3 4 k 'uf i < ;' v' 4i L kt ,Tt , y --4*: 1.�'"4s., ..: 1 1 "T" 5 Y 1+.' �4-s FE. r-0::,'4V,.; '. �,_ �e,l t ..k : u`s ' ' %;', �; 'SAte,! ''''' ' ''wrt i fi +r -':P `• c. a� +.. .k1 ,v +t�uR� '�3.T +F �° , _ C.B . •� cr' •a, `w N .. xa :µme aR ,cs. s YES NO SERVICE PROVIDER ( g (sheets if needed)' 0 G Accounting and/or preparer of ,�� your tax return 1-1 F Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than Eltint: the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed n ® purchaser of the subject property (identify purchaser(s) and purchaser's service providers) 0 0 Construction Contractors East Bay Construction, Corp. ui Engineers / Surveyors/ Agents Chesapeake Bay Site Solutions, WCI Financing (include current 1 mortgage holders and lenders �. e�G�' M1,1 pi D selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Real Estate Brokers / El ® Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any_proposed development 1-A contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 F t 15; 4. .ss .. r tt ° R d. V, . , Sd ,&= e rr 7 .;Igo t" •a{ .fr+ f ,- t • rfi e zx ` L h#Px t`r &e 41 ' -1 dlp CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A lica ' M. Shawn and Tammy Rosno 2 �3i APPLICA S SIGN TURE PRINT NAME D TE Page 5 of 7 L:7 - wd - 'v."—d :,-i O E UJ --, -„*„. `,..:'. ''. Itlire- *44' „I'''' '-' - -r" '':-' - , . ,,..,--',...,- 9;0*....... 001H-Zik ..... CV , \ " - 44116'24k .----- ,„,yof..„ -..400007--,-41',1 ." , 4-- . - ,. orrt' t.-:''"..' '111151 - 4 ' • o 7, , ck H a ZZzCLzaM o 44 . , 4 . . .•4-. 0 ' WOQaehLI �,_ s -Z.: i , I- LL 0 J O g Q Q z o Nam - �, z iX \ Z j N O Q W Q a t,,,,--,--1 \\,____-------- ER UJ t$\ } . a _ ram. f 4 ,. /y \ r szums as .x ,use ✓ �,. co 1 to likok j 000 \,,:: :4 ; .A.:\‘-'' 4‘. T'' \ '* '''''' ./.\---------- ,.. ' \r,. N W \� CO w A , - _cm 1.12 wo El \ a is CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: An Ordinance to Accept and Appropriate $173,233 from the Virginia Department of Agriculture and Consumer Services to Reimburse the Agricultural Reserve Program for Costs to Acquire a Preservation Easement MEETING DATE: February 4, 2020 • Background: To fulfill the requirements of § 2.2-1509.4 of the Code of Virginia, the Virginia General Assembly regularly appropriates resources to the Virginia Farmland Preservation Fund. Part of these appropriations are intended to assist localities in local purchases of land developmental rights. The City of Virginia Beach has been a regular recipient of these appropriations, which are used by the City in land acquisitions made through the Agricultural Reserve Program (ARP). The amount available for individual localities is determined by the Virginia Department of Agriculture and Consumer Services (VDACS) based on the total appropriations provided by the General Assembly. To be eligible to receive these funds, localities must sign Intergovernmental Agreements with VDACS. On February 20, 2018 and June 4, 2019, City Council authorized the execution of two Intergovernmental Agreements with VDACS. These agreements allowed access to funds available through appropriations made to the Farmland Preservation Fund from the 2016-2018 Virginia Biennium Budget. The amount set aside for Virginia Beach by VDACS was $173,233 ($61,615 from the 2018 agreement and $111,618 from the 2019 agreement). These agreements require that funds be claimed within two years. • Considerations: In August 2019, the City, through the ARP, acquired an agricultural land preservation easement for the Robert W. White, Jr. et als property, a 113.07 acre farm located at Pleasant Ridge and Charity Neck Roads. The total cost for the developmental rights and easement on this property was $1,036,132. After acquisition, the City requested VDACS reimburse the City the maximum amount available under the terms of the two Intergovernmental Agreement. This request was approved. The ordinance therefore accepts and appropriates a total of $173,233 from VDACS to reimburse the ARP for a portion of the easement cost. This will help offset the U.S. Treasury STRIPS purchased to fund the future principal payment as well as easement acquisition costs. With the receipt of Commonwealth revenue, the use of ARP Fund Balance the FY 2019-2020 Operating Budget can be reserved for future ARP acquisitions. • Public Information: Normal City Council process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Agriculture ®i----- City Manager: ;,,,' 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $173,233 FROM THE VIRGINIA DEPARTMENT OF 3 AGRICULTURE AND CONSUMER SERVICES TO 4 REIMBURSE THE AGRICULTURAL RESERVE PROGRAM 5 FOR COSTS TO ACQUIRE A PRESERVATION EASEMENT 6 7 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $173,233 from the Virginia Department of Agriculture and Consumer Services is 11 hereby accepted and appropriated, with revenue from the Commonwealth increased 12 accordingly, to the FY 2019-20 Operating Budget of the Agricultural Reserve Program 13 Special Revenue Fund. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2020. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services amity A Qrhey's Office CA14987 R-1 January 22, 2020 (F .Z) l"Z :J t,4,t 1.'V�J % Y;Vbv CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Police Department Operating Budget to Enhance Efforts to Address Internet Crimes Against Children MEETING DATE: February 4, 2020 • Background: The Virginia Beach Police Department (VBPD) is an active participant in the Southern Virginia Internet Crimes Against Children (ICAC) Task Force. Funding for this program is distributed by the Virginia Department of Criminal Justice Services to the Southern Virginia ICAC Task Force through the Bedford County Sheriff's Office. The Task Force then awards the money to the VBPD as a sub-recipient. The Southern Virginia ICAC Task Force has informed the VBPD that it has been allocated $30,000 in furtherance of ICAC endeavors. • Considerations: This grant will fund overtime for ICAC related activities, equipment needed for ICAC investigations, and travel and training for ICAC related classes and conferences. The grant period is from January 1, 2020 through June 30, 2020. • Public Information: Normal Council Agenda process. • Recommendations: Adoption of the attached ordinance. • Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Police Department 'e k-7Dii_ c City Manager: j �L.-. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE POLICE DEPARTMENT OPERATING 3 BUDGET TO ENHANCE EFFORTS TO ADDRESS 4 INTERNET CRIMES AGAINST CHILDREN 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $30,000 from the Virginia Department of Criminal Justice Services via the 10 Southern Virginia Internet Crimes Against Children Task Force and the Bedford County 11 Sheriff's Office is hereby accepted and appropriated, with revenue from the 12 Commonwealth increased accordingly, to the Operating Budget of the Police Department 13 for overtime, the purchase of equipment, travel, and training to enhance efforts to address 14 Internet crimes against children. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2020. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: t , Budget and Management Services - i y orney's Office CA14982 R-1 January 15, 2020 K. PLANNING 1. GREG MCMAKIN/MILLS COLLINS, LC for a Conditional Use Permit re bulk storage yard at 4145 Virginia Beach Boulevard DISTRICT 5—LYNNHAVEN (Deferred from January 21, 2020) RECOMMENDATION: APPROVAL 2. TOWN CENTER ASSOCIATES 12,LLC for a Conditional Use Permit re indoor recreation facility at 4621 Columbus Street DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 3. CEBT PROPERTIES, LLC for Conditional Use Permits re short-term rentals at: a. 317 26 Y2 Street b. 320 27th Street& 320 26 1/2 Street c. 617 23rd Street, Units 1 & 5 DISTRICT 6—BEACH (Deferred from January 7, 2020) RECOMMENDATION: APPROVAL 4. CEBT PROPERTIES,LLC/VB HOMES DESIGN BUILD, LLC for a Conditional Use Permit re short-term rental at 402B 27th Street DISTRICT 6—BEACH (Deferred from January 7, 2020) RECOMMENDATION: APPROVAL 5. CEBT PROPERTIES, LLC/VB HOMES DESIGN BUILD, LLC for a Conditional Use Permit re short-term rental at 400A 27th Street DISTRICT 6—BEACH RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—APPROVAL 6. C AND C DEVELOPMENT COMPANY for Conditional Use Permits re short-term rentals at: a. 2416 Arctic Avenue b. 403 25th Street DISTRICT 6—BEACH (Deferred from January 7, 2020) RECOMMENDATION: APPROVAL 7. JOSHUA LIPPOLDT for a Conditional Use Permit re short-term rental at 2508 Mediterranean Avenue DISTRICT 6—BEACH (Deferred from January 21, 2020) RECOMMENDATION: APPROVAL 8. ARMANDO & PATRICIA ELLIS for a Conditional Use Permit re short-term rental at 901 Park Landing Court DISTRICT 1 —CENTERVILLE (Deferred from January 21, 2020) RECOMMENDATION: APPROVAL 9. JOHN BRADLEY GRIBBLE for a Conditional Use Permit re short term rental at 512 9th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 10. WILLYNNE E. SIMMONS for a Conditional Use Permit re short term rental at 1804B Baltic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 11. SOUAD BELMADANI for a Conditional Use Permit re short term rental at 1804C Baltic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 12. ELIZABETH ANNE GREGORY for a Conditional Use Permit re short term rental at 635 South Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 13. COASTAL ACCOMODATIONS, LLC/CHRISTOPHER HOLBERT for a Conditional Use Permit re short term rental at 636 16th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 14. TARA RYAN for a Conditional Use Permit re short term rental at 933 Pacific Avenue, Unit B DISTRICT 6—BEACH RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—APPROVAL 15. MICHAEL MATTHEWS for a Conditional Use Permit re short term rental at 425 Lakewood Circle DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 16. LAWRENCE W. KLIEWER& BRUCE E. PENSYL/OCEANFRONT ESCAPE, LLC. for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 203 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 17. LINDA URGO for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 107 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 18. ROBERT L. STEPHENSON,JR./RYAN DUNLAP for a Conditional Use Permit re short term rental at 940 Indian Circle DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 19. ROBERT L. STEPHENSON,JR. for a Conditional Use Permit re short term rental at 956 Indian Circle DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 20. TROY PERRY & LESLIE SPASSER for a Conditional Use Permit re short term rental at 396 58t1i Street DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 21. KELLY M. ALLEN for a Conditional Use Permit re short term rental at 4215 Macarthur Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 22. CARLIN CREATIVE CONCEPTS, LLC/OLIVER J. CARLIN for a Conditional Use Permit re short term rental at 947 Fern Ridge Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 23. ZACKARY NELSON for a Conditional Use Permit re short term rental at 2916 Dante Place DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 24. Ordinance to AMEND Section 111 and ADD Section 209.7 to the City Zoning Ordinance(CZO) re student worker housing (Requested by Council Member Tower) RECOMMENDATION: APPROVAL • • NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building,Municipal Center,Virginia Beach,Virginia,on Tuesday,February 4,2020 at 6:00 p.m.,at which time the following applications will be heard: CEBT Properties,LLC[Applicant]VB Homes Design Build,LLC[Owner]Conditional Use Permit(Short Term Rental)402B 27th Street(GPIN 2428000446)COUNCIL DISTRICT-BEACH CEBT Properties,LLC[Applicant&Owner]Conditional Use Permit(Short Term Rental)317 26th 1/2 Street (GPIN 2428002393)COUNCIL DISTRICT-BEACH CEBT Properties,LLC[Applicant&Owner]Conditional Use Permit(Short Term Rental)320 26),V2 Street& 320 27th Street(GPIN 2428001499)COUNCIL DISTRICT-BEACH CEBT Properties,LLC[Applicant&Owner]Conditional Use Permit(Short Term Rental)617 23rd Street,Units 1&5(GPIN 2417888794)COUNCIL DISTRICT-BEACH C and C Development Company[Applicant&Owner]Conditional Use Permit(Short Term Rental)2416 Arctic Avenue(GPIN 2427092770)COUNCIL DISTRICT-BEACH C and C Development Company[Applicant&Owner]Conditional Use Permit(Short Term Rental)403 25th Street(GPIN 2427091966)COUNCIL DISTRICT-BEACH Town Center Associates 12,LLC[Applicant&Owner]Conditional Use Permit(Indoor Recreation Facility)4621 Columbus Street(GPIN 1477447126)COUNCIL DISTRICT-LYNNHAVEN CITY OF VIRGINIA BEACH-An ordinance to amend section 111 of the City Zoning Ordinance pertaining to definitions and add section 209.7 pertaining to student worker housing. Kelly M.Allen[Applicant&Owner]Conditional Use Permit(Short Term Rental)4215 Macarthur Road(GPIN 1475974810)COUNCIL DISTRICT-ROSE HALL John Bradley Gribble[Applicant&Owner]Conditional Use Permit(Short Term Rental)512 9th Street(GPIN 2427049021)COUNCIL DISTRICT-BEACH Zackary Nelson[Applicant&Owner]Conditional Use Permit(Short Term Rental)2916 Dante Place(GPIN 1496422204)COUNCIL DISTRICT-ROSE HALL Willynne E.Simmons[Applicant&Owner]Conditional Use Permit(Short Term Rental)1804 Baltic Avenue, Unit B(GPIN 2427072282)COUNCIL DISTRICT-BEACH Souad Belmadani[Applicant&Owner]Conditional Use Permit(Short Term Rental)1804 Baltic Avenue,Unit C(GPIN 2427072283)COUNCIL DISTRICT-BEACH Elizabeth Anne Gregory[Applicant&Owner]Conditional Use Permit(Short Term Rental)635 South Atlantic Avenue(GPIN 2426396228)COUNCIL DISTRICT-BEACH Troy Perry&Leslie Spasser[Applicant&Owner]Conditional Use Permit(Short Term Rental)396 58th Street (GPIN 24197007970396)COUNCIL DISTRICT-LYNNHAVEN Coastal Accommodations,LLC[Applicant]Christopher Holbert[Owner]Conditional Use Permit(Short Term Rental)636 16th Street(GPIN 2417965182)COUNCIL DISTRICT-BEACH Tara Ryan[Applicant&Owner]Conditional Use Permit(Short Term Rental)933 Pacific Avenue,Unit B(GPIN 24272444111205)COUNCIL DISTRICT-BEACH Michael Matthews[Applicant&Owner] Conditional Use Permit(Short Term Rental)425 Lakewood Circle (GPIN 2427059785)COUNCIL DISTRICT-BEACH Lawrence W.Kliewer&Bruce E.Pensyl[Applicant]Oceanfront Escape,LLC[Owner]Conditional Use Permit (Short Term Rental)4005 Atlantic Avenue,Unit 203(GPIN 24280514483950)COUNCIL DISTRICT-BEACH Linda Urgo[Applicant&Owner]Conditional Use Permit(Short Term Rental)4005 Atlantic Avenue,Unit 107 (GPIN 24280514483810)COUNCIL DISTRICT-BEACH Robert L.Stephenson,Jr.[Applicant]Ryan Dunlap[Owner]Conditional Use Permit(Short Term Rental)940 Indian Circle(GPIN 2417835489)COUNCIL DISTRICT-BEACH Robert L.Stephenson,Jr.[Applicant&Owner]Conditional Use Permit(Short Term Rental)956 Indian Circle (GPIN 2417834538)COUNCIL DISTRICT-BEACH Carlin Creative Concepts,LLC[Applicant]Oliver J.Carlin[Owner]Conditional Use Permit(Short Term Rental) 947 Fern Ridge Road(GPIN 1496025133)COUNCIL DISTRICT-ROSE HALL CEBT Properties,LLC[Applicant]VB Homes Design Build,LLC[Owner]Conditional Use Permit(Short-Term Rental)400A 27th Street(GPIN 2428000498)COUNCIL DISTRICT-BEACH All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Copies of the proposed ordinances,resolutions and amendments are on file and may be examined in the Department of Planning or online at ntto://www.vbgov.com/pc.For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303;Hearing impaired call 711(Virginia Relay-Telephone Device for the Deaf). BEACON:JANUARY 19&26,2020-1 TIME EACH. , --mie4 _ y ' ' 4. X.' / Att. i, El ru ) '- : ' ' �- _ _. r ) Q S_� 1 41cv r / T., t o p ii iin cv o / ' ': 7 -f -^- , 1 + ?, dill i 47 / ill 1 Ri E _ -- -� �. CD \-.. .s.. ___. ..ff.11_17 FL 7.) (40). ' i„ ikt......\444\--1/4 - IN\\\: [ -L--4" -1 S.'1„,%\°,,%\k cn: 71 \INN 11111‘1116.\\\I lel ill I.E \ in :r et I _- h� ._,_,„,.. itr..,_____„...jul..7._- ,, i rj 0-1 i __ _ anuanVr ysd _ii anuan 17 Nr--4r i n 75 � L CNA II ri G1 t D a) 1i_r - _ _ r alli - c �i. +� Lim U1 N d e3 `_` .a Q L _ (c° .i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GREG MCMAKIN [Applicant] MILLS COLLINS, LC [Property Owner] Conditional Use Permit (Bulk Storage Yard) on property located at 4145 Virginia Beach Boulevard (GPIN 1487050053), COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: February 4, 2020 • Background: The City Council deferred this request on January 21, 2020 to allow the applicant additional time to remove the wood associated with the applicant's business, as well as other unauthorized debris on the property. The applicant has operated a Bulk Storage Yard in the rear of the property without the benefit of a Conditional Use Permit since 2009. On July 25, 2019, the Zoning Division received a complaint regarding wood chipping activities at this location. A field visit was performed by the Zoning Inspection Staff who issued a notice of violation. In August of 2019, the applicant submitted a Conditional Use Permit application to rectify this situation. At the Planning Commission hearing on October 9, 2019, the application was indefinitely deferred to give the applicant additional time to work with Staff to amend the proposal. The applicant has subsequently agreed to remove all wood, debris, and combustible material from the property and revised the request to limit the Bulk Storage Yard to only the storage of equipment and vehicles associated with his tree service company. Based on that revision, Staff supports the application but subject to a two-year time limit. A site visit on January 21st revealed that the applicant has not been able to remove all of the wood from the property, and that additional debris (tires) has been added to the site. Based on this, the City Council deferred the application. As requested by City Council, attached is a record of the complaint and inspection history associated with this property from 2016 to present. • Considerations: The Bulk Storage Yard is located behind a commercially-zoned retail building on Virginia Beach Boulevard. A multi-family condominium complex is located to the south of the property. Low-impact, low-intensity storage uses can be appropriate outside of industrial areas provided that sufficient protections are in place. The magnitude of this operation and the disorderliness of the materials stored on the site in the past have negatively impacted adjacent properties. Greg McMakin Page 2 of 3 While the applicant has worked to remove all wood, debris and combustible material from the site, and the request has been modified to limit the type of storage, this Bulk Storage Yard is more appropriate in an industrially-zoned district. The request is not in substantial conformance with the policies and goals set forth in the Comprehensive Plan for the Suburban Area which require land use activities to either maintain or enhance the existing neighborhood through compatibility with surroundings. As such, a condition is recommended that limits the Conditional Use Permit to only storage of equipment associated with the tree removal business, as well as a condition that limits the time frame of the Conditional Use Permit to a period of two years. This will allow the applicant time to explore a more appropriate location for his operation. There was one speaker in opposition to this application at the Planning Commission public hearing, representing the adjacent condominium association, who raised issues of compatibility with their adjoining multi-family neighborhood. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff Report. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 8-0, with one abstention. 1. No activity including loading or offloading of woody debris or yard waste material shall be anywhere on the property. 2. There shall be no freestanding signs associated with the Bulk Storage Yard. 3. No customers or members of the public shall be permitted within the Bulk Storage Yard. 4. Category VI landscape screening, as described in the Virginia Beach Landscaping Guide, shall be installed and maintained along the northern and eastern boundaries of the Bulk Storage Yard. A solid eight-foot tall solid fence shall be installed along the northern and eastern boundaries of the Bulk Storage Yard, as shown on the Site Layout exhibit. 5. Items stored within the Bulk Storage Yard shall be limited to equipment associated with the tree service company only. 6. There shall be no chipping, grinding, sawing, or processing of wood within the Bulk Storage Yard or anywhere on the property. 7. There shall be no storage of boats; wrecked, inoperable or towed vehicles; or shipping containers on the site. All existing shipping containers on the site must Greg McMakin Page 3 of 3 be removed within 60 days of approval by City Council of this Conditional Use Permit. 8. The storage of combustible waste materials shall not be permitted on site. 9. All outdoor lighting fixtures shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any new outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 10.All outdoor lighting fixtures shall be shielded away from the adjacent multi- family use to the south of the property. 11.This Conditional Use Permit is valid for two years from the date of its approval by the City Council. ■ Attachments: Staff Report and Disclosure Statements Complaint & Inspection History Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department K2-7 City Manager: { Applicant Greg McMakin Agenda Item Property Owner Mills Collins, LC 1 B Public Hearing December 11, 2019 (Deferred from October 9,2019) City Council Election District Lynnhaven Virginia Beach Request Conditional Use Permit (Bulk Storage Yard) tt -----, ti � i Jegia, ..., Staff Recommendation billirr Approval I ,t/, Ii 0141 Staff Planner Nib �� Marchelle Coleman Location 1 i .4-44k 4145 Virginia Beach Blvd 1---) GPIN 1487050053 I Site Size ,, 11---1 _ 1.95 acres i .411 AICUZ Less than 65dBDNL \'� - Watershed l :,___,,L------------ ___ - 1,,,,H A■ i 6 _will „--- 1 ".,,,.a.r, c Chesapeake Bay Existing Land Use and Zoning Districts ` , Retail/ B-2 Community Business ,, "'-:°' -- " ;4 Surrounding Land Uses and Zoning Districts North ` Virginia Beach Boulevard Office, public library/ B-2 Community Business South Multi-family dwellings/A-18 Apartment East Office/ B-2 Community Business West Retail/B-2 Community Business , Greg McMakin Agenda Item 11 Page 1 Background and Summary of Proposal • At the October 9,2019 Planning Commission hearing,this application was indefinitely deferred to give the applicant additional time to work with Staff on the proposal.The applicant agreed to remove all wood,debris, and combustible material from the property. Based on the Planning Commission's discussion,the applicant has revised the request to limit the bulk storage yard to only the storage of equipment associated with his tree service company. • The subject 1.95-acre lot, located along Virginia Beach Boulevard, is zoned B-2 Community Business District and consists of two commercial retail buildings and an open storage area in the rear of the site. • The applicant has operated a Bulk Storage Yard in the rear of the property without the benefit of a Conditional Use Permit since 2009. On July 25, 2019,the Zoning Division received a complaint from a concerned citizen regarding wood chipping activities at this location. A field visit was performed by the Zoning Inspection Staff who, based on findings, issued a notice of violation. In August of 2019,the applicant submitted a Conditional Use Permit application to rectify this situation. • Presently,the operation,where the applicant is the sole employee, encompasses approximately 7,830 square feet of the southern portion of the property to store, repair, and maintain equipment for the applicant's tree service company.The applicant has revised the request to limit the storage yard to approximately 5,300 square feet.Typical hours of activity in the storage yard are 7:30 a.m.to 7:00 p.m., Monday through Saturday. Hardscape and combustible materials,as well as supplies and equipment are currently stored on the site; however,as noted above,the applicant is working to remove all of this material and the request has been modified to only store equipment on site. • On September 16, 2019,the Fire Marshal's Office issued a verbal notice to the applicant to remove the combustible materials on the property that are a potential fire hazard. On September 19, 2019,the Fire Marshal's Office met with the applicant on site and provided guidance related to the cleanup and removal of all combustible materials on the property. The applicant was given three weeks to address these issues and has continued work to accomplish this. Greg McMakin Agenda Item 11 Page 2 R 2-.4 B-2 • I r B 2 8.2Ir. ��0"4� es 2 e„ Zoning History ea„�4,o # Request R-5D -- R•so 2 \ 1 CRZ(B-2& R-5D to Conditional B-2)Approved s'2 \ 05/16/2017 vino.enact o I R R-5D I. Thalia Station Circle A.18 t Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The Bulk Storage Yard is located behind a commercially-zoned retail building,approximately 250 feet from Virginia Beach Boulevard.The proposed Bulk Storage Yard is for a tree service company and is not associated with any of the businesses in the existing retail building on the property.As stated previously, based on discussion at the October 9, 2019 Planning Commission hearing,the applicant has agreed to remove all wood, debris,and combustible materials from the property. Only equipment used for the applicant's tree service company will be stored on site. No chipping, grinding,sawing or processing of wood will be performed. Prior to the applicant's knowledge of the need for a Conditional Use Permit for a Bulk Storage Yard,the applicant stored these materials on the site associated with the tree removal service and has been operating in violation of the Zoning Ordinance. There is a multi-family condominium complex to the south of the storage area. Properties fronting Virginia Beach Boulevard in the vicinity of this site are typically commercial and service uses. In Staff's opinion, low-impact, low- intensity storage uses can be appropriate outside of industrial areas provided that sufficient protections are in place. The magnitude of the operation and the disorderliness of the materials stored on the site negatively impacted adjacent properties. Since the October 9th Planning Commission hearing and notice of violation from the Fire Department,the applicant has made a significant effort to clear the site of woody debris and combustible materials associated with his business. Since the applicant proposes to remove all wood and debris from the site and only retain equipment for the tree service company,the applicant is requesting a deviation to the required Category VI screening. Section 228 of the Zoning Ordinance requires that a Bulk Storage Yard be entirely screened with Category VI landscaping,which includes a solid fence, not less than six feet in height, with plants along the exterior of the fence.The applicant is requesting that this deficiency be addressed through the provisions of Section 221 (i)of the Zoning Ordinance,which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties."Specifically,the applicant is requesting a deviation to the installation of plantings and a fence along the southern and western boundaries of the yard.Staff concludes that a deviation is warranted as all wood and debris will be removed from the site and the applicant has proposed to install an eight-foot Greg McMakin Agenda Item 11 Page 3 solid fence along the northern and eastern boundaries of the Bulk Storage Yard to screen the equipment stored on the site from the public right-of-way. The western boundary of the Bulk Storage Yard is screened by the wall of the existing building on the site and the southern boundary is sufficiently screened by existing thick vegetation.Therefore,Staff recommends that this deviation be approved,and has provided a condition to reinforce this position. There are five shipping containers on the site,four of which are located in the southern portion of the site, near the multi-family condominium complex. One container is located near the eastern portion of the site, behind the existing retail buildings to the north.As these containers are currently in violation of the Zoning Ordinance, a condition is recommended that these shipping containers be removed from the site within 60 days of City Council action. While the applicant has worked to remove all wood,debris and combustible material from the site, and that the request has been modified to limit the type of storage,Staff finds that this type of Bulk Storage Yard is incompatible with the uses found in this section of Virginia Beach Boulevard.This type of use is more appropriate in an industrially-zoned district, a district removed from the City's major commercial corridor of Virginia Beach Boulevard. This request is not consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area,as the Guiding Principles encourage the maintenance of stable neighborhoods. Achieving this goal requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings. It recognizes the importance of high quality and attractiveness of site and building design,environmental responsibility, livability,and effective buffering with respect to type,size, intensity and relationship to surrounding uses. Based on this,Staff recommends a condition that limits the Conditional Use Permit to a period of two years. The applicant is encouraged to explore a more appropriate location for this operation. Based on these considerations,Staff recommends approval of this application with the limitation noted. Recommended Conditions 1. No activity including loading or offloading of woody debris or yard waste material shall be anywhere on the property. 2. There shall be no freestanding signs associated with the Bulk Storage Yard. 3. No customers or members of the public shall be permitted within the Bulk Storage Yard. 4. Category VI landscape screening, as described in the Virginia Beach Landscaping Guide,shall be installed and maintained along the northern and eastern boundaries of the Bulk Storage Yard. A solid eight-foot tall solid fence shall be installed along the northern and eastern boundaries of the Bulk Storage Yard,as shown on the Site Layout exhibit. 5. Items stored within the Bulk Storage Yard shall be limited to equipment associated with the tree service company only. 6. There shall be no chipping,grinding,sawing, or processing of wood within the Bulk Storage Yard or anywhere on the property. 7. There shall be no storage of boats;wrecked, inoperable or towed vehicles;or shipping containers on the site.All existing shipping containers on the site must be removed within 60 days of approval by City Council of this Conditional Use Permit. 8. The storage of combustible waste materials shall not be permitted on site. Greg McMakin Agenda Item 11 Page 4 9. All outdoor lighting fixtures shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any new outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 10. All outdoor lighting fixtures shall be shielded away from the adjacent multi-family use to the south of the property. 11. This Conditional Use Permit is valid for two years from the date of its approval by the City Council. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to surrounding uses. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 32,500 ADT 74,000 ADT (LOS 2"D") No Data Available 'Average Daily Trips 2 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard, in the vicinity, is an eight-lane major urban arterial road with an approximate right-of-way width of 150 feet. The MTP shows an eight-lane major arterial with an ultimate right-of-way width of 155 feet. There are no CIP projects scheduled for this section of Virginia Beach Boulevard. Public Utility Impacts Water& Sewer The site is currently connected to both City water and sanitary sewer service. Greg McMakin Agenda Item 11 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on November 8, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, November 24, 2019 and Sunday, December 1, 2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 26, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on December 5, 2019. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 5, 2020 and January 12, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 6, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 17, 2020. Greg McMakin Agenda Item 11 Page 6 Site Layout 0 U X N O C O C "6 a) to to I E E vYi 2a) 00 a a n OC C .L.- 2 ag 0 o u m cu ° m f, C. c c a` ._ p H u w F`= v K E v E = o °1 J Q O 'I' U U E ti !M tr 0 w , Q uYi Q `n cn Cr a �'4Q •,... L.41 uc QI 04, 0,.., H -' i iy3 5 1 -.,- 3g b'yvtbbi c ;F- 1,r . f iFJ IL u y CU x r i Q7z. • . G d n E Y t COI C L` C`IJ { _ d O 3 Y d d 1 d 7 41) L C • ar S Y 0o q q d el 0 E m y Q 111 c C u W d 4 .r � o o " E " .. . 4 t IT tilfr -ilk V B .....i 1} iikiiik„ apio t. r.. Q' a O O E s, 1, ',y,.� .,+ -I z x d I�i4 O ii o V i W1 1€1.i: i_. i2. x o7 II i i!Im.� t€;:tY F! O E 4 *1'1 S'�pa -0 O 'L iii i€i `iiii:if CO I..) Fp f_fif.r91 }ift V Greg McMakin Agenda Item 11 Page 7 Site Photos a.x a +ei w y.:; . - I • t'�`Y«. .ter -a ,44 '7 -41Fir .r e. 4ft k t Y rAt : " fix, i x fie ; i * 1 , - • 10 :' J ' Y j ki...... one ' Greg McMakin Agenda Item 11 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME Greg McMakin DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Flood plain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2,weeks prior t Page 1 of 7 Planning Commission and City Council meeting that pertains O APPLICANT NOTIFIED OF HEARING DATE El NO CHANGES AS OF "-s?E 4 iZo 0.)•1.4.04{C-Ohe. ▪ I.EVISIONS SUBMITTED IV' INS. Cot,46 twinv Greg McMakin Agenda Item 11 Page 9 Disclosure Statement 11/3 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 111 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 0 Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name:Mills Collins, LC If an LLC, list the member's names:Bruce Mills-Sole Member Page 2 of 7 Greg McMakin Agenda Item 11 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Bruce Mills (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A -Parent-subsidiary relationship' means `a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act.Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means 'a relationship. other than parent-subsidiary relationship. that exists when (i)one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Greg McMakin Agenda Item 11 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) E M Accounting and/or preparer of your tax return 1 1 m Architect/ Landscape Architect/ I �1 Land Planner Contract Purchaser(if other than nm the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ �' purchaser of the subject property (identify purchaser(s)and • purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (include current ❑ 7 mortgage holders and lenders /1 selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have a X❑ an interest in the subject land or any proposed development contingent on the subject public action? • If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Greg McMakin Agenda Item 11 Page 12 Disclosure Statement Virginia Bu h CERTIFICATION: i I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. 'I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application _---- APPLICANT'S SIGNATURE PRINT-NAME DATE Page 5 of 7 Greg McMakin Agenda Item 11 Page 13 Disclosure Statement OWN ER Virg nia Beach YES] LNO , SERVICE PROVIDER(use additional sheets if needed) ❑ , Accounting and/or preparer of your tax return I I 02. Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than 111 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed • ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® Construction Contractors • ZEngineers/Surveyors/Agents Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Real Estate Brokers / ❑ ® Agents/Realtors for current and I I anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ F. an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Greg McMakin Agenda Item 11 Page 14 Disclosure Statement \113 Virginia Reach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PRO 'OWNER'S SIGNA E/ ^^ PRINT NAME DATE _ /� - L�( / ��r �� $rum t3. YYI1 t l'� -P t 1L j ( c `. ' trn I I It Co( (i n:3, Lf. NgF/etI Greg McMakin Agenda Item 11 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Greg McMakin Agenda Item 11 Page 16 Applicant: Greg McMakin Property Owner: Mills Collins, LLC Complaint & Inspection History for Bulk Storage Yard Address: 4145 Virginia Beach Boulevard G PI N: 1487-05-0053-0000 Housing and Neighborhood Preservation Code Enforcement Division Date Complaint or Staff Inspection Action 06/23/2016 Complaint -Trash in the back yard 06/23/2016— No violation issued 04/11/2019 Complaint -Trash & Debris in rear of building 04/11/2019— No violation issued and scattered around dumpster area 05/09/2019 Complaint - Inoperable Vehicle 05/09/2019—No violation issued 08/23/2019 Complaint - Inoperable Vehicle 09/04/2019—Referred for towing 10/07/2019—Vehicle removed, towing not required Fire Department Fire Prevention Bureau Date Complaint or Staff Inspection Action 06/13/2017 Inspection Inspector visited property, noticed 06/13/2017—Contacted Zoning wood on the back of property, No one was Division to discuss property. Took available on the property photographs of the wooded lot 08/25/2017 Inspection - Conducting inspection on Huggins 08/25/2017 —Contacted Zoning Interiors, Inspector noticed large number of Division for follow-Up trees and wood on the property 09/20/2017 Inspection - Inspector attempted to locate 09/20/2017 — No one available on the someone on the wood lot to issue a notice of property. Fire Prevention Bureau to violation follow-up 09/13/2019 Complaint - Received call from Planner assigned 09/13/2019— Inspection conducted. to Conditional Use Permit application for Bulk Met with Greg McMakin on site. Has 3 Storage Yard - Department of Planning & weeks to remove all combustible waste Community Development material off site or a notice of violation will be issued to Mr. McMakin & property owner 11/21/2019 Inspection -Fire Inspector back on site, 11/21/2019—Notified Planner of significantly better than before inspection and clean up. Combustible materials removed from the site. No violation issued Complaint & Inspection History—4145 Virginia Beach Boulevard Page 1 Planning & Community Development Zoning Enforcement Division Date Complaint or Staff Inspection Action 07/17/2017 Violation— Firewood prep and storage without 07/14/2017—Letter of Violation to use permit. Greg McMakin operator of firewood Property Owner prep 07/18/2017 —Initial Inspection 02/23/2018—Violation Corrected 9/27/2018 Complaint— Bringing in wood to be cut up 9/28/2018— Initial Inspection behind the business, possibly selling it there No violation issued and placement of several sheds on the property 05/13/2019 Complaint — Bringing logs into the property, 05/14/2019 — Initial Inspection — Left possibly chipping them on the property Card and will monitor 06/24/2019—Follow-Up Inspection — Took pictures, Draft 30-day notice of violation to property owner 07/26/2019 —30-day notice of Violation Letter sent to property owner indicating need for Conditional Use Permit for Bulk Storage Yard 08/07/2019—No on-site inspection, Inspector notified of submission of Conditional Use Permit for Bulk Storage Yard —CUP submitted on 08/02/2019 10/07/2019 Cc — Building a Fence without a Permit 10/07/2019—Initial Inspection No violation issued 10/29/2019 Inspection — Planner met with Applicant on-site 10/29/2019—Applicant agreed to &to inspect/photograph site continue to clean up site prior to Planning Commission Hearing, Applicant to follow-up with pictures prior to Planning Commission Hearing 12-11-2019 12/2/2019 Inspection — Planner visited site to take pictures 12/02/2019—Some improvement but of site for Planning Commission meeting still a lot of wood and debris on the site 1/21/2020 Inspection —Zoning Inspector visited property 1/21/2020— More organized, but site to inspect site and take pictures for City Council still full of wood and debris unrelated to meeting Applicant's business Complaint & Inspection History—4145 Virginia Beach Boulevard Page 2 Item# 11 Greg McMakin Conditional Use Permit(Bulk Storage Yard) 4145 Virginia Beach Boulevard District—Lynnhaven December 11, 2019 RECOMMENDED FOR APPROVAL Ms. Oliver: Thank you. I would like to thank all the applicants that have come down today that had a matter on the consent agenda for today's hearing. These items will be scheduled for hearing on the City Council's agenda, and I thank you for your attendance today. So, in an effort to be a bit more efficient today, I'm going to request that we reorder the agenda to be heard in this order, items number nine, ten, eleven, fourteen, nineteen, twenty, twenty-one twelve and thirteen, Mr. Tajan. Ms. Sandloop:The vote is open. By recorded vote of 9-0, agenda item number ten has been approved. Our next item of business is agenda item number eleven, Greg McMakin, which is an application for a Conditional Use Permit for a Bulk Storage Yard on property located at 4145 Virginia Beach Boulevard located in the Lynnhaven District. Ms. Oliver: Welcome. How are you? Can you state your name for the record? Mr. McMakin: Greg McMakin. Ms. Oliver: Welcome back. You want to give us an update on your application? Mr. McMakin: I have been hauling away debris there. I still have a lot left but not nearly as much as I had in the beginning. It is going to take a little while, especially this time of year. Ms. Oliver: Okay. Do we have any questions? No. Thank you very much. Ms. Sandloop: We have one speaker ma'am. Bob Walter. Ms. Oliver: Welcome, please state your name for the record please. Mr. Walter: It's Robert Walter. I go by Bob. So, I am president of Thalia Station Condo Association and represent 197 families immediately adjacent to this Conditional Use Permit application. We initially thought that this was a legal business that had been operated on this property only to find out in October that in fact they are not. We have opposition to this Conditional Use Permit based on the fact that it does not address several issues. One being the area that have stockpiled wood creates a natural habitat for things like feral cats,raccoons,possums, even rats. We have had 1 difficulty over the last several years with raccoons that actually climb onto our buildings and gnaw their way into the attics, and then spend the winter there. The extension or allowance of this any further can cause the condominium association undue hardship and financial distress. Being that we have to repair our buildings and exterminate these animals, the Conditional Use Permit does not address at all any type of rodent prevention or eradication of the rodents. Furthermore, the proposed fence that is been proposed by the tenant or the owner of the property is only a two-sided fence. It only shields the area from Virginia Beach Boulevard does nothing for the condominium association which is directly in the backyard. Again, this business is not in accordance with the City code at this point in time, I understand the concept of working with business in the area to promote business. But again, we want to promote businesses that are legal and complying with City ordinance. In as much as this property is not in compliance, we are in opposition, allowing them to continue to operate a sawmill for up to two years and again I visited the property yesterday the sawmill is still active, there was fresh timber in the machine that is used to cut dimensional lumber further exacerbates the ability of us to maintain our property. Thank you very much for your time. Ms. Oliver: Thank you. Does anybody have any questions? Yes Mr. Weiner. Mr. Weiner: Yes, so Mr. McMakin came in a couple of months ago. And to grant him this two year Conditional Use Permit, everything has to be cleaned up okay, and that has to happen for him to get the Conditional Use Permit. We're going to address that saw that you've talked about but just let you know he is in the process in the next couple years of moving okay, we just got to give him a little bit of time to do that. Mr. Walter: Each intrusion into one of our buildings costs our association between $2,000 and $3,000 that's for a 45 day period of eradication of rodents from the building that is literally above people's heads. People are living in it in their own homes, and they've got raccoons eight feet above them on the other side of sheetrock and insulation and ceiling choice. This is not a safe condition. Mr. Weiner: I understand but it's not going on. It's been going on for how long? Mr. Walter: At least the last two years. Mr. Weiner: Okay, so we're in the process of trying to make this happen. Mr. Walter: Okay, will Mr. McMakin reimburse us for any further rodent infestation in our buildings? Mr. Weiner: That's not a land use situation and would be discussed between you two. Mr. Walter: Okay, and again as of yesterday there were still fresh cut timber in the sawmill. 2 Mr. Weiner: Okay. We will talk to him about that. Ms. Oliver: Thank you, Mr. Redmond. Mr. Redmond:I'm not sure how the applicant is responsible for the behavior of rodents. I have raccoons in my yard. I have rats in my yard. My cat brought one to the window that was the size of a small dog. I mean it and it's a wooded lot. I mean,you know, raccoons and rats, you know, all kinds of wildlife that are going to be in place. I just have a hard time necessarily seeing that as, you know, the behavior of wildlife in suburbanized environment, as being necessarily attributable to anyone purpose or use because he's not anywhere near my house and I got raccoons and rats and all that. Not sure how is it? You seem to be making a leap to meet a responsibility for that. I don't see how that, I don't see that. Mr. Walter: Well, Mr. Redmond, when you take your cat who is patrolling your neighborhood and bringing you a dead rat, or you take piles of cut timber and firewood and trees that are decaying and rotting in stockpile, this stockpile creates a haven for these animals to prosper and grow where they wouldn't normally do that in the natural habitat. If we could only get the feral cats to drag out the raccoons from our attics that would help an awful lot, however; being the fact that there are stockpiles of wood that would fill this room, this is giving these rodents the ability to grow beyond the normal means of a wooded lot. I hope that addresses your question. Mr. Redmond: It does I still don't agree with it. So, thank you though. Mr. Ripley: Could I make one more comment? The hearing we had last month, or month before last,the understanding was that he would remove all that wood. He's in the process of doing that and all he was going to store was just equipment. That's the intent of this. So, his equipment, it'll be there and then after two years, he can move on because I agree with you. It's not the right place for it, but nobody even knew it was back there, quite frankly. Mr. Walter: Well, a note about the equipment in the condition. Mr. Ripley: That's the intent of them. Mr. Walter: I understand the intent. Our intent is trying to preserve a property as well as you know, our residences and being able to expect to be able to live in our residence without having an illegal business next door. Mr. McMakin says that he's going to be storing his equipment there. He's got two areas of equipment. The first is behind Collins Square where he has trucks and large equipment. And then there's small equipment on this property. The question is,how long is this going to take to clean up, two years is not acceptable to the residents of Thalia Station. 3 Mr. Ripley: But the intent was to have them clean up the wood soon as he could, which will try to define that better, but the idea was for him to have his equipment there and then find a more permanent location where he can combine the operations and industrial area, whatever, that would be more appropriate. He would have his equipment there which would allow his business to survive for a period of time while he's out looking for another location. Mr. Walter: Well, he states that his business is a tree business,but in fact,he also has a sawmill business, so he brings the trees to this lot, stockpiles them. And then when he gets a chance,he's taking the trees and milling them into dimensional lumber or another product that sort of outside of a tree removal business. It's a secondary business. So,please consider the fact that this is not your normal tree business. This is a tree business where he's taking his debris and instead of disposing of it the way other tree companies do, he's taking it and trying to make it into another product. That product is a production site, which is less than 50 feet from our building. Mr. Ripley: Okay, well, we'll ask them those questions. Ms. Oliver: Thank you. Any other questions? No, great. Thank you. Mr. Walter: Thank you for your time. I would like to ask City staff was there another person on that piece of property that was storing other things,do I remember that correctly? It wasn't just, wasn't the owner storing. Ms. Coleman: The applicant is actually leasing the property. The owner has the storage containers that are there. We made contact with the owner and those containers will be removed. Ms. Oliver: Is there a timeframe for those containers to be removed? Mr. Coleman: It has to be removed within 60 days of City Council action per condition seven. Ms. Oliver: Okay,great thank you. Would you like to come back up, please? Thank you. Yes Mr. Weiner. Mr. Weiner: Do you want to address your sawing operations? What's going on and what's going to be? Mr. McMakin:Well, the sawmill, I told you all before it was something I purchased from my dad because I'm a tree business. I get a lot of good wood, cherry wood, exotic wood. So, it's something I invested in. I use to build furniture with my dad. I cut now but it's not a business for me, it's more for just a hobby. If he would have went there two months ago, he would saw the exact same piece of wood sitting right there on top of the sawmill, I haven't had a chance to get to that part yet of him working on 4 the other path. Now, if he would have gone there two months ago, he would have noticed that over three quarters of the wood is gone now. Mr. Weiner: Okay. Ms. Oliver: Anybody else? Mr. Ripley: Well, are you going to continue to get your hobby with saw in there? Mr. McMakin:Well, I'm going to keep the machine yeah, but if I have to bring it on to the job as I'm taking the tree down and saw it on the job site, then that's the way. Mr. Ripley: So, you can just store? Mr. McMakin:Just store the equipment, yes. Ms. Oliver: Here is I think that if I'm correct, there's not supposed to be that kind of work performed, that's part of your Conditional Use Permit. Mr. McMakin:And I agree to all of it. Ms. Oliver: Okay, so you are not doing that as we speak. Mr. McMakin:No, I'm not doing that as we speak. Ms. Oliver: And how much debris have you removed from that piece of property since you were here for? Mr. McMakin: At least another 15 loads of wood in a large 18 x 6 gravel truck. Ms. Oliver: And how much more is left? Mr. McMakin:Probably about another 10, 15 loads. It was quite a bit over there. Ms. Oliver: Right. Mr. Redmond: Right. So, when do you think you'll have that material off the site? Mr. McMakin: It's really hard to say, I'm not looking for excuses, but my daughter she's a freshman in college and she plays basketball and I've been trying to travel to make every game and her season just started. My son,he's a freshman in high school, his basketball season just started and I try to be there for my kids and support them. So, with the holidays and that going on, and plus having to get jobs done so I can pay the bills, it's real hard to put, you know, a full time job into clearing out the lot, I could get. It takes me about two hours per load. So, I could probably get two loads in a day, maybe three loads in a day. So, I mean, if I had the next five days 5 where I can dedicate all my time I get it all done in the next five days but it's going to take a few weeks with. Mr. Redmond: Realistically, with everything going on with holidays? Mr. McMakin: Middle of January, middle to end of January, I'll have everything cleaned out of there and that's a guarantee. Ms. Oliver: And you are working on getting relocated? Mr. McMakin:I've looked into it, I'm not sure how I'm going to be able to do that because I've never had to deal with that kind of monthly payment. The cheapest place I found was $2500 a month. And I have three trucks that I'm making payments on. I have my wife's car making payments on that, my car, I'm making payments. I just got a damn motorcycle long ago. Yeah, I know. So, it's hard for me to picture myself taking on that kind of monthly payment. So, if anything, I might just have to sell everything that I have. Ms. Oliver: Well hopefully that won't happen and you will be able to find it and I think you got a little bit of time but I think as far as being a good neighbor as quickly as you could alleviate the problem that the condo association is addressing would be to your benefit. Mr. Tajan: Madam, just to verify something, in order to remove the materials, you're not currently chipping? Mr. McMakin:I'm not chipping, though I'm not chipping anything, I am operating my equipment to move it around and load it up, yes. Mr. Tajan: Okay, just want to make sure that you're not actually in the process, you're not processing any of the wood to get rid of it? Mr. McMakin:Well, I won't be now, but yeah, I've been trying to get rid because dumps are only open till a certain time. And with the light, I mean... Mr. Tajan: Understandable, I just want to make sure, so our understanding is that you will not be processing cutting any of this wood until you? Mr. McMakin:The wood that's already there, I am going to try to get it out of there, the best, most economical way for me as possible as quickly as possible. Mr. Tajan: I understand and that's I understand your answer, but it's different than what's allowed. So, the manufacturing of wood is definitely not permitted in this district, which includes the breaking down and changing of that material into something 6 else, so if you're planning on having to cut it and do other things like that, you got it there without being cut, you need to get it off the site without being cut, so. Mr. Graham: Sure. Thank you. It does sound like the applicant is working to get it off, get the materials off the property. I think that hopefully the applicant understands it, can't chip the wood, need to basically load it up in a truck, haul it off. I understand everybody's busy, but just try to, you know, get this stuff out of there, you know, over the next month or two so you can get this behind you. You can probably find another property;you've got two years to look and there's lots of resources out there for people that can help, you know, that are in commercial real estate that can maybe help you find something to lease, because it really isn't the right spot for this. And we, you know, we don't want to shut your business down. And we're trying to do everything we can to work with the applicant. So anyway, I guess those are my thoughts. Ms. Oliver: Yeah. Mr. Horsley: I agree. I mean, the gentleman seems like a hard working man and if I remember from October he said, he's a one man show also, which a lot of equipment one man operate, though, but anyway, I give him the benefit of the doubt. I think he's diligently trying to get straightened out and I'm sure after today, he will give it a good effort and go ahead and get it cleaned up. As far as the raccoons and whatever, I mean, as long as it's a wooded lot, you're going have those animals. I don't care what else is there, you're going to have those animals and the homeowners just going have to do some rodent repellent, or some type or hire an exterminator to come around if they got that much problem, but I can't see that we have to trigger all this damage to this gentleman's operation. Mr. Ripley: I agree. Ms. Oliver: Yes. Mr. Redmond:It just adds one last thing and that is for our benefit. He seems to be doing what we asked him to do. He came bac. The first time we said these are the steps and these are the conditions that probably would be acceptable and he seems to have done that. And so, I think there's great value. Ms. Oliver: Right. Do I have a motion? Mr. Graham: I'd like the motion that we approve. Ms. Oliver: Second. Mr. Inman: Madam Chair. I have to abstain as the objecting party is a client of mine. 7 Ms. Oliver: Noted. Ms. Cartwright: The vote is open. Ms. Sandloop: By the recorded vote of 8-0 with Commissioner Inman abstaining, agenda item number eleven has been approved. Ms. Oliver: Thank you. AYE 8 NAY 0 ABS 1 ABSENT 2 ALCARAZ AYE BARNES ABSENT GRAHAM AYE HORSLEY AYE ___ INMAN ABSTAIN OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT WALL AYE WEINER AYE CONDITIONS 1. No activity including loading or offloading of woody debris or yard waste material shall be anywhere on the property. 2. There shall be no freestanding signs associated with the Bulk Storage Yard. 3. No customers or members of the public shall be permitted within the Bulk Storage Yard. 4. Category VI landscape screening, as described in the Virginia Beach Landscaping Guide, shall be installed and maintained along the northern and eastern boundaries of the Bulk Storage Yard. A solid eight-foot tall solid fence shall be installed along the northern and eastern boundaries of the Bulk Storage Yard, as shown on the Site Layout exhibit. 5. Items stored within the Bulk Storage Yard shall be limited to equipment associated with the tree service company only. 6. There shall be no chipping, grinding, sawing, or processing of wood within the Bulk Storage Yard or anywhere on the property. 8 7. There shall be no storage of boats; wrecked, inoperable or towed vehicles; or shipping containers on the site. All existing shipping containers on the site must be removed within 60 days of approval by City Council of this Conditional Use Permit. 8. The storage of combustible waste materials shall not be permitted on site. 9. All outdoor lighting fixtures shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any new outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 10. All outdoor lighting fixtures shall be shielded away from the adjacent multi-family use to the south of the property. 11. This Conditional Use Permit is valid for two years from the date of its approval by the City Council. 9 . , „e., ___ ,..., _ „, ..::,. i6' ....., w 1... .. CD ! 1(12 i o 'n CV 0 U — U U CO �' = s 0 o ,. - - U `� ;OW;S e)peIpI 1aaiis lamieW , __ i Ca = att!ia no lie Laimmook . iTii, ,,‘1..x II i 4.... - \\1111 O 0V m C Cam' pienaIno8 e3uapuadapt —_ J= as I ri 1 ,---r----- -.0, \ 1 1- U .u) a M a 1 , = 1 7 ' cp O � J ar c U �� cn N a m 1 i `',,,� I . yy! O � C.," s, f � IJ� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TOWN CENTER ASSOCIATES 12, LLC [Applicant and Owner] CONDITIONAL USE PERMIT (Indoor Recreation Facility) for property located at 4621 Columbus Street (GPIN 14774471261000) COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: February 4, 2020 • Background: This request is for a Conditional Use Permit for an Indoor Recreation Facility encompassing two floors of various state-of-the-art entertainment, recreation and interactive sports activities. The Zoning Ordinance allows an Indoor Recreation Facility of 7,500 square feet or less as a matter of right. As the size of the proposed facility is approximately 84,000 square feet, a Conditional Use Permit is required. There is no plan to change the exterior building façade other than to replace signage and possibly awnings. All exterior changes will be submitted for review to the Central Business District Association (CBDA) Design Review Committee. • Considerations: The use is consistent with the Comprehensive Plan's vision for the Town Center SGA, which includes recommendations for a high density mix of urban uses. As envisioned, Town Center has accrued diverse shopping, dining, entertainment, and living opportunities that have established it as a dynamic urban core and a focal point for the City. The applicant's proposal contributes to the diversity of dining and entertainment experiences in the Core District and will attract residents and visitors throughout the region, who may then support existing businesses in the vicinity as well. The establishment will have multiple pedestrian entrances to Columbus Street as well as direct access to the ground and second levels of the adjacent parking garage. This parking garage is part of the Town Center parking system, which has capacity to accommodate parking demand generated by the proposed use. There is no known opposition to this application. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. Town Center Associates 12, LLC Page 2 of 2 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development Permit and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 2. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 3. All exterior building signage shall comply with the requirements of the City Zoning Ordinance, unless authorized by the Board of Zoning Appeals. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 7 ' City Manager: TjUL Applicant & Property Owner Town Center Associates 12, LLC Public Hearing January 8, 2020 Agenda Item B City Council Election District Lynnhaven c4ty of 5 Virginia Beach Request Conditional Use Permit "` ' / c\ r (Indoor Recreation Facility) Staff Recommendation J i Approval i YYyY.n Bouw BaWura 1 1 Easatimspio....3 C6o1+11oosiR i (, Staff Planner { 3 Ashby Moss &Jenizza Badua "olovir. P lorlhom Location -- A 4621 Columbus Street Will $ tu,,,,gcy,3 Virginia Beach, VA 23462 ; 1 jp )0 mgi I i ,.;1.‘ Ado. GPIN 14774471261000 Site Size 1.99 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Urban Mixed Use/CBC Central Business Core Surrounding Land Uses and Zoning Districts North " Columbus Street Urban Mixed Use/CBC Central Business Core 3 South • Independence Boulevard _ I Commercial/ B-3 Central Business „ East ; Market Street ' Urban Mixed Use/CBC Central Business Core West t _ Office/CBC Central Business Core g Town Center Associates 12, LLC Agenda Item 5 Page 1 Background and Summary of Proposal • This request is for a Conditional Use Permit for an Indoor Recreation Facility encompassing two floors of various state-of-the-art entertainment, recreation and interactive sports activities. The Zoning Ordinance allows an Indoor Recreation Facility of 7,500 square feet or less as a matter of right.As the size of the proposed facility is approximately 84,000 square feet, a Conditional Use Permit is required. • Recreation facilities on the first floor include bowling lanes, arcade areas, and laser tag. Second floor facilities include electric go-karts, mini-golf, an overhead suspended rope course, bumper cars, escape rooms, and digital simulation rooms for various sports play. In addition, one or both floors will have space for equipment maintenance and storage, management office space, spaces for various reservation opportunities, food service and a full-service bar(pending approval by the Virginia ABC Board). • The establishment will have multiple pedestrian entrances to Columbus Street as well as direct access to the ground and second levels of the parking garage.This parking garage is part of the Town Center parking system, which has capacity to accommodate parking demand generated by the proposed use. • There is no plan to change the exterior building facade other than to replace signage and possibly awnings. All exterior changes will be submitted for review to the Central Business District Association (CBDA) Design Review Committee. • Anticipated hours of operation will be 11:30 a.m. to 9:00 p.m. Monday through Friday; 11:30 a.m. to 12:00 a.m. on Saturdays; and 10:00 a.m. to 9:00 p.m. on Sundays. The total number of full-time and part-time employees is expected to be approximately 150 with no more than 80 employees working per shift. CBC CB iiii _ _Columbus Street 2.eet I e __ Zoning History �,/!_ # Request m r 1 CUP(Multi-Family Dwellings)Approved 06/28/2005 � u f�_ CBC CBC i $ 2 CUP(Private School)Approved 01/08/2013 x 04 3 CUP(Multi-Family Dwellings)Approved 08/25/2009 ""' 4 STC Approved 01/04/1994 5 CUP(Motor Vehicle Sales)Approved 08/09/2011 B 3 5 B 3 0 _ ©B-3 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Town Center Associates 12, LLC Agenda Item 5 Page 2 Evaluation and Recommendation The proposed Conditional Use Permit request for an Indoor Recreation Facility is acceptable. The use is consistent with the Comprehensive Plan's vision for the Pembroke SGA, which includes recommendations for a high density mix of urban uses.As envisioned, Town Center has become a significant destination and gathering place for our region. Over time, this area has accrued diverse shopping, dining, entertainment, and living opportunities that have established Town Center as a dynamic urban core and a focal point for the City. The applicant's proposal contributes to the diversity of dining and entertainment experiences in our Core District and will attract residents and visitors throughout the region, who may then support existing businesses in the vicinity as well. Based on these considerations, Staff finds this proposal to be acceptable and recommends approval of the request subject to the conditions below. Recommended Conditions 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development Permit and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 2. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 3. All exterior building signage shall comply with the requirements of the City Zoning Ordinance, unless authorized by the Board of Zoning Appeals. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Conditional Use Permit for an Indoor Recreation Facility request is located within the Pembroke Strategic Growth Area's (SGA) Central Business Core (CBC) District.The Pembroke SGA Plan envisions the area as the City's most densely developed and intensely occupied, with zero lot line buildings and the highest permitted building heights. Furthermore, the Plan calls for vertical mixed-use buildings, great streets, mobility and transit alternatives, urban gathering places, environmental and neighborhood preservation, and green infrastructure to provide opportunities for diverse and creative engagements in the community. Town Center Associates 12, LLC Agenda Item 5 Page 3 Public Utility Impacts Water & Sewer This site is currently connected to City water and sanitary sewer. There is an existing 2-inch water meter(City ID# 20150118) and fire meter(City ID#95059843)that may be used or upgraded for this development. The domestic water meter size will be evaluated by Public Utilities prior to plumbing permit issuance. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 9, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, December 22, 2019, and December 29, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 20, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on January 2, 2020. City Council • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays,January 19, 2020, and January 26, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 17, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 31, 2020. Town Center Associates 12, LLC Agenda Item 5 Page 4 Site Photos r , 414 * r G >4 w ,,,„„„ie: ........... . ,...,1:,,....,,, .,____ __,,„____„,..„,, ,..,--,..;z,i,.....„.:l'f, '''''' ---_,_ , --1.---- . 4, ,,. _ .,..-- 1 i t 4 - .a v' !fr ,, - . ial %' ,,,�.•0 ,,, ;a '-jr I;a • - _ p Town Center Associates 12, LLC Agenda Item 5 Page 5 Disclosure Statement Virginia Beach APPLICANT'S NAME TOWN CENTER ASSOCIATES 12, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board t e The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin Commission and Cit.Council meetinr that pertains to the apt lication(s). • APPLICANT NOTIFIED OF HEARING DATE: ❑ NO CHANGES AS OF DATE AAA Jan 10 2020 A.M. ▪ REVISIONS SUBMITTED DATE. %4. Town Center Associates 12, LLC Agenda Item 5 Page 6 Disclosure Statement Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 7 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_Town Center Assoc. 12, LLC If an LLC, list all member's names: **See Attached List** If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) **See Attached List** See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. U Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Inl Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: Town Center Assoc. 12, LLC If an LLC, list the member's names:**See Attached List** Page 2 of 7 Town Center Associates 12, LLC Agenda Item 5 Page 7 Disclosure Statement Virginia Beach **See Attached List** If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) NIA (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "See Attached List** °Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code 4 2.2 3101. 2 ''Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Town Center Associates 12, LLC Agenda Item 5 Page 8 Disclosure Statement 11/1B APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) n © I Accounting and/or preparer of your tax return X Architect/Landscape Architect/ Land Planner C Contract Purchaser(if other than the Applicant)-identify purchaser — and purchaser's service providers Any other pending or proposed X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors nxi Engineers/Surveyors/Agents Financing(include current ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) L I F, Legal Services Real Estate Brokers/ u ® Agents/Realtors for current and anticipated future sales of the subject ro ert • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have rr '' an interest in the subject land or any proposed development u contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? N/A Page 4 of 7 Town Center Associates 12, LLC Agenda Item 5 Page 9 Disclosure Statement M3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Samuel J.Willard 10l31/19 APPLIC'++Ni' IGNATt1R PRINT NAME DATE 1 Page 5 of 7 Town Center Associates 12, LLC Agenda Item 5 Page 10 Disclosure Statement OWNER Virginia Beach YES NO J SERVICE PROVIDER(use a ditionaI sheets Ifneed) ❑ x Accounting and/or preparer of your tax return I 1 Z Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed El purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors nEngineers/Surveyors/Agents Financing(Include current z mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Real Estate Brokers/ l ! I\/I Agents/Realtors for current and � anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? N/A Page 6 of 7 Town Center Associates 12, LLC Agenda Item 5 Page 11 Disclosure Statement \t13 Virginia Beach CERTIFICATION: �1 I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. _ Samuel J. Willard 10/31/19 PROPERLY OWNER'S SIGNATURE PRINT NAME DATE 7 ,v CC =fps 47 / uC Ili ��r tilt?f u4.6izmie 6001P4rti Vi WN/k b/fria th+,3sc/7Y comoletie, 7.5 '14// #4,E; Lows a /lam, YYI44/4 4677C- Page 7 of 7 Town Center Associates 12, LLC Agenda Item 5 Page 12 Disclosure Statement APPLICANT'S NAME: Town Center Associates 12,LLC Manager: Armada Hoffler Manager,LLC Sole Member: Armada Hoffler,L.P APPLICANT'S MANAGER: Name: Armada Hoffler Manager,LLC Managers: Louis S.Haddad Michael P.O'Hara Sole Member: Armada Hoffler,L.P. APPLICANT'S SOLE MEMBER: Name: Armada Hoffler,L.P. [the"Operating Partnership"for the REIT*) General Partner: The REIT* Limited Partners: The REIT*which has the controlling interest in the Operating Partnership. There are multiple other fluctuating minority limited Partner investors in the Operating Partnership. THE REIT*: Name: Armada Hoffler Properties,Inc. Executive Officers: Daniel A.Hoffler—Executive Chairman of the Board As.Russell Kirk—Vice Chairman of the Board Authorized Officers: Louis S.Haddad—President&CEO Michael P.O'Hara—CFO,Secretary&Treasurer Affiliates/Subsidiaries: The Operating Partnership has numerous affiliates/subsidiaries unrelated to the subject matter of the Application in which it is the sole owner or has a controlling interest. *The REIT is a publicly traded company Town Center Associates 12, LLC Agenda Item 5 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Town Center Associates 12, LLC Agenda Item 5 Page 14 Item#5 Town Center Associates 12,LLC Conditional Use Permit(Indoor Recreation Facility) 4621 Columbus Street January 8,2020 RECOMMENDED FOR APPROVAL—CONSENT Mr. Weiner: Thank you Mr. Barnes. The next item is item number Five, Town Center Associates, an application for a conditional use permit for an indoor recreation facility and property located at 4621 Columbia Street, Lynnhaven District. Mr. Willard: Good afternoon Madam and commissioners, I work with Armada Hoffler representing the applicant, I appreciate you guys for putting us on the consent agenda. Mr. Weiner:Are a 11 the conditions acceptable? Mr. Willard: Yes. Mr. Weiner: Alright, thank you. Is there any opposition for this being placed on the consent agenda? Hearing none,Mr.Graham has been asked to read this in the record please. Mr. Graham: This request is for a conditional use permit for an indoor recreation facility in the former Dick's Sporting Goods building at Town Center. The applicants proposed uses include state of the art entertainment, recreation, and interactive sports activities.The zoning ordinance allows an indoor recreation facility of 7,500 square feet or less as a matter of right. As the size of the proposed facility is approximately 84,000 square feet a conditional use permit is required. The proposed facility will include bowling lanes, arcade areas, laser tag, electric go karts, mini golf, and an overhead suspended ropes course, bumper cars and escape room. Staff finds the proposed conditional use permit request for an indoor recreation facility acceptable. The use is consistent with the comprehensive plan's vision for the Pembroke strategic growth area, which includes recommendations for a high density mix of urban uses. Staff recommends approval for this application. Mr. Weiner: Thank you. Is there any opposition to this being placed on the consent agenda? Okay,the next items on the consent agenda are for short term rental. The planning commission places the following applications for the conditional use permit for short term rental on the consent agenda as these applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications and there's no known opposition for the following items 14, 15, 16, 17, 18, 19,21, 22, 23,24, 25 and 26. That being said, I move for approval on the consent agenda items 1,2,5,6,7, 10, 11, 14, 15, 16, 17, 18, 19,21,22, 23,24, 25,and 26. 1 Mr. Redmond: Madam Chair? Ms. Oliver: Yes sir. Mr. Redmond: I'm going to support the all of these on consent. However,I would note that with regard to a specific B-2 agenda item number five of Town Center Associates 12, LLC, I will be abstaining. I'm a commercial real estate broker with Divans Real Estate,Inc. Divans Real Estate, Inc. leases and manages the Town Center and various principles of the company where I work, are principals in Town Center Associates. I don't believe very frankly that that affects me in any way. I've never earned a nickel from the Town Center, but for purposes of appearance, I nonetheless tend not to vote on these matters. So I will abstain in this case. Ms.Wilson,does that satisfy your legal requirements? Ms. Wilson: Yes sir. Mr. Redmond: Okay. Thank you. Mr. Horsley: I second. Ms. Sandloop: The vote is open. By recorded vote of 9-0, agenda items one, two, five - with Commissioner Redmond abstaining from agenda item five- six,seven, 10, 11, 14, 15, 16, 17, 18, 19,21,22,23,24,25 and 26 have been approved by consent. Ms. Oliver: Okay, thank you. And I'd like to thank all the applicants today who had a matter on the consent agenda at this hearing and these items will be scheduled for hearing at the City Council agenda. And so if you don't have any further business,if you were on the consent agenda, this would be a great time for you to leave. We'll give everybody a second to leave. All right. Thank you. The next order of business will be to address the remaining matters on our agenda. And will our City Clerk,please call the first item. AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND ABS WALL AYE WEINER AYE 2 CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development Permit and Inspections Division,the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 2. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 3. All exterior building signage shall comply with the requirements of the City Zoning Ordinance, unless authorized by the Board of Zoning Appeals. 3 ‘,\, ' --- \ c. iti610. 7*-, Iy`y ai v LL- o 0 in 6111111.. li 010 -- - -milF 0 0 O.IlL \I \ _------- _______ 1 - I 0 ---- • --r------ CNi ' °-'-. e \ WIN , A t It \\ IC — ,__ \ , Iv c- to‘ ' t, iglik J CD 6- -- .. , . \ 1 - 'cri N 0 CD --''r-5r '\ IR 4 \ \ " CV \ --- t: ot `\,__ ��'" enue F— I1l00•-k," --- I� Y M s / , ` CttC �V m ._ \ U 0 - ---- venue pa ctie A - ~ Alen � .-- AettC _ ) i t y r 1 \ liefiL, _,------ (1.040\ 0 0101A, I \,,, .j.'„ , "VI \aiii 1;r 't v ca., \< , 0 , \ r up \ s ____ ` \ \-\ -� _�`f 1 - C4 Cr) .‘ — \ 4 , cr) 2 'v en N 11 CO r-,, **-17 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CEBT PROPERTIES, LLC [Applicant & Property Owner] Conditional Use Permit(Short Term Rental) for the property located at 317 261/2 Street(GPIN 2428002393). COUNCIL DISTRICT — BEACH MEETING DATE: February 4, 2020 ■ Background: This 7,000 square-foot parcel is located at the oceanfront and is zoned A-12 Apartment District (Old Beach Overlay). There are two single-family dwellings on the property; however, this request for a Conditional Use Permit for Short Term Rental use is for only one of those units. City records indicate that the dwelling contains three bedrooms. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this case. One parking space is located within a single-car garage. • Considerations: The property is located approximately four blocks from the public beach of the Atlantic Ocean. Accordingly, the use of single-family dwellings as Short Term Rentals is expected in the surrounding area. All required parking is accommodated on site, one space located within a single-car garage. Per the Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. Along with the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals, a condition is recommended that requires the garage remain available for vehicle parking. Additionally, Condition 5 limits the number of Residential Parking Permit Program (RPPP) parking passes to two residential passes, and further prohibits guest permits and temporary permits through the RPPP. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request; however, there was one speaker at the Planning Commission public hearing who advised caution about the concentration of Short Term Rentals, particularly in the Old Beach Overlay District at the oceanfront. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 6-0, to recommend approval of this request. City Council unanimously deferred this item at the January 7, 2020 agenda so that it may be considered when the Councilperson for the Beach District is present. CEBT Properties, LLC Page 2 of 3 1 . While this conditional use permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 2. The approval of this Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 3. 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. 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 5. If the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a" through "c" below. This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six (6) months of the property real estate transaction closing date, otherwise the use of the conditional use for Short Term Rental shall be null and void. a. A completed Department of Planning and Community Development Short Term Rental registration form; b. Copies of the Commissioner of Revenue's office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one- million dollars. 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. 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- CEBT Properties, LLC Page 3 of 3 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. 9. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 10.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 11.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 12.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be nine (9) individuals (three (3) individuals per bedroom). 13.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department Tg/ City Manager: Applicant& Owner: CEBT Properties, LLC Agenda Item Public Hearing: December 5, 2019 �' City Council Election District: Beach 3. 1. Virginia Beach Request Conditional Use Permit (Short-Term Rental) Staff Recommendation \ F ' , 016111 Approval `•-`Q.,,e l . f , �' , Staff Planner ia Kevin Hershberger � A Kevin Kemp .� 111171 i a Location G ,,,l 4 , > :oe. ' 1/ 317 26%Street ,, . t r t al..■�r. GPINit 24280023930001 , Tow 10IWO4digt 1 Site Size A l,��j 7,000 square feet f �O 1 or Existing Land Use and Zoning District Two Single-family dwellings/A-12 Apartment (Old Beach Overlay) Surrounding Land Uses and Zoning Districts .a North , 26th%Street (alley) Single-family dwelling/A-12 Apartment A (Old - Beach Overlay) v South t 26th Street 1 Single-family dwellings/A-12 Apartment (Old = Beach Overlay) 1 i , ,. East «t . AgiL Single-family dwellings/A-12 Apartment (Old 0. Beach Overlay) .- West41110 Single-family dwelling/ R-5S Residential (Old te 13 Beach Overlay) Iq CEBT Properties, LLC Agenda Item 11 Page 1 Background and Summary of Proposal Site Conditions and History • Lot 9 is a 7,000 square-foot parcel located within the A-12 Apartment District (Old Beach Overlay). • A total of two single-family dwellings are located on Lot 9. Both dwellings are new construction. Summary of Proposal This Conditional Use Permit request for one of the two single-family dwellings located on the subject site to operate as a short-term rental.The regulations for short-term rental use are identified in Section 241.2 of the Zoning Ordinance. Specific details pertaining to this application are listed below. • Occupancy—A maximum occupancy of three guests per bedroom is permitted on the site after 11:00 p.m.The The subject dwelling is a three bedroom unit; therefore, a maximum of nine (9) overnight guests are permitted. • Parking-One parking space for each bedroom is required.Three parking spaces are needed for this request. ■ The submitted parking plan includes three designated on-site parking spaces, one of which is located in a single-car garage. v th street OR .o� A A.12 A-12 R-5S OR 2 l'' Zoning History at. vere • { H A-12 # Request 1 SVR(Lot Width Reduction)Approved 03/20/18 A-12 160atteet OI 2 NON (Enlargement/Room addition)Approved 08/15/2017 3 NON (Enlargement/Room addition)Approved 06/01/1998 A-12 A•12 �,thttsttB�Nt A-24 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance CEBT Properties, LLC Agenda Item 11 Page 2 Evaluation and Recommendation This property is located approximately four blocks from the public beach of the Atlantic Ocean. Accordingly, the use of single-family dwellings as short-term rentals is expected in the surrounding area. The property has registered with the Commissioner of Revenue's Office and has been operating with no known issues or violations. The Zoning Administrator has determined that the proposed parking plan, including one space in a single-care garage, is acceptable. All other requirements of Section 241.2 of the Zoning Ordinance for short-term rental use can be reasonably met. Based on the consideratinos above,staff recommends approval of the application with the conditions contained in the staff report. Recommended Conditions 1. While this conditional use permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 2. The approval of this Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for a short-term rental, where the short-term rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 3. 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. 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the short term rental within thirty(30) minutes. Physical response to the site of the short term rental is not required. 5. If the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a" through "c" below.This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six(6) months of the property real estate transaction closing date, otherwise the use of the conditional use for short term rental shall be null and void. a) A completed Department of Planning and Community Development Short-Term Rental registration form; b) Copies of the Commissioner of Revenue's office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one-million dollars. 6. To the extent permitted by state law, each short term rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. CEBT Properties, LLC Agenda Item 11 Page 3 8. 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. 9. A short term rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 10. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 11. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 12. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be nine (9) individuals(three (3) individuals per bedroom). 13. To the extent permissible under state law, interconnected smoke detectors (which may be wireless),a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each short term rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on October 14, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, November 17, 2019, and November 24,2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 18, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on November 26,2019. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, December 22, 2019, and December 29, 2019. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on December 20, 2019. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 3, 2020. CEBT Properties, LLC Agenda Item 11 Page 4 Site Layout and Parking -I.. i..-. • .. i• „el •.OGJ:t .Nti.i. 'fa a..f 4 ` • 26TH 1/2STREET , s � , � .: ia PROPOSED I, r c i I. ••-- PARKING '' ', 1 ii . PROPOSED ``: p i If 1 ',t ! .1 •v ! 4 STR ',1 ) .' �x D I. :I! �� = .., 1 ..... AO ' , ' ....• , ) O I:)��: .,� j.' .i i ei D `3 {• ' 1� �I4 P.L. ▪ /r 9s6a [,� F 1.4 ii▪ " I t1 411; -GI r _. _ , _. . i tl s IT1 ph .- EXISTING �. , )UI.. • , *� g ., DWELLING .' 1!1I1! . I 1 = : II - 4: .ill I i i 4 ' 4 u I / .4. :ALAI ‘‘4„i's- „ [S.,'",: .._. 1_.... /1.1 171.• ....,:‘1-:\i, .114 —rit"d'-'1., Frt, c.- „., -.- ...1.4,c1--•. . , , ., „?.,....- i rojert -,ir r 4, , O -t[tyy 4. -I- r ., _. r7� m ` r r - f 1ij �. is ; ,,I F 26THSTREET �,tr ,t _ CEBT Properties, LLC Agenda Item 11 Page 5 Site Photos x 4,_ 1 r pt r w _- - 14,1,r - -e. uc .r I IR mom, L ®1. 1�' i -14144 s: St 1- O w ili 1 CEBT Properties, LLC Agenda Item 11 Page 6 Disclosure Statement IUB APPLICANT'S NAME CEBT Properties,LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE I FOR CITY USE O.:,- .. ,.at be updated two(2;weeks prior to any Page 1 of 7 I Planning Commission and Coy Council meeting that pertains to the applications) /f9// APPLICANT NOTIFIED OF HEARING /0 DATE /� /7/ NO CHANGES AS OF �/ DATE f 2 �7 /7 REVISIONS SUBMITTED DATE CEBT Properties, LLC Agenda Item 11 Page 7 Disclosure Statement NIB Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:CEBT Properties,LLC If an LLC, list all member's names: Christopher J. Ettel, Manager; Bob Taylor, Member If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. nCheck here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 CEBT Properties, LLC Agenda Item 11 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (13) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." see State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 CEBT Properties, LLC Agenda Item 11 Page 9 Disclosure Statement \i/3 APPLICANT Virginia Beach YES NO SERVICE I PROVIDER(use additional sheets if needed) I>I E Accounting and/or preparer of William F.Nagle,CPA I,\I your tax return U X Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors VB Homes Engineers/Surveyors/Agents WPL Financing(include current Mike Donovan,Private Lender > El mortgageholders and lenders J� selected or being considered to provide financing for acquisition or construction of the property) nn Legal Services R.Edward Bourdon,Jr.,Esq. * Real Estate Brokers/ Frank Rameker ❑ Agents/Realtors for current and anticipated future sales of the subject property_ *Harry R. Purkev,Jr., Esq. • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 1 Does an official or employee of the City of Virginia Beach have ' I �l an interest in the subject land or any proposed development u iV contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 CEBT Properties, LLC Agenda Item 11 Page 10 Disclosure Statement .N/B u'}inia Brach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. BEET Properti C /11 Christopher J. Ettel,Manager eV /APPLICANT'S SIGNA PRINT NAME DATE F • Page S of 7 CEBT Properties, LLC Agenda Item 11 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CEBT Properties, LLC Agenda Item 11 Page 12 Item#11 CEBT Properties,LLC Conditional Use Permit (Short Term Rental) 317 20 1/2 Street District—Beach December 5, 2019 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Madam Chair, the next items fall under the short term rental consent agenda. The Planning Commission places the following applications for conditional use permit for the Short Term Rental of the consent agenda. As these items meet the applicable requirements of sections 241.2 of the zoning ordinance, Staff and Planning Commission supports the applications and there's no known oppositions to these request for items number 9, 11, 12, 13, 14, 15, 16 and 17. Accept. Ms. Oliver: Welcome, Mr. Bourdon. Mr. Bourdon: Yes,just for the record, I represent all of the applications that Mr. Weiner just read. My clients are here along with a number of other people who live in the vicinity, I have provided the commission's clerk with a copy of petition and support from folks who live in the immediate block, blocks of these properties are located in for the record, all of the conditions as recommended by staff are acceptable in each and every one of these cases. And as I may have mentioned to two of you, after the informal broke up, they have no intention of allowing any of these units to be occupied by more than 15 or 20 people for any kind of event. So, I understand why that condition is in there, but I don't want anyone to have and I know you all don't but even the public at large to believe that this applicant is going to allow or expect 50 people to be and some of that at one of these houses .So I understand why they are not complaining about it, but just want to set the record straight. Okay, thank you. Mr. Weiner: Thank you. Ms. Oliver: Thank you. Ms. Sandloop:Madam Chair, we did have one speaker come in,Nancy Parker. She has questions apparently about items 9, 11, 12 and 13. Ms. Oliver: Yes, come on up, Mrs. Parker, . Ms. Sandloop:9, 11, 12 and 13. 1 Ms. Oliver: Okay. Ms. Parker: Madam Chairman,members of the Planning Commission. I appreciate the job y'all are doing back over how many years ago I sat in your same seat and it's that planning soul that made me come down here and have to speak today. I'm not speaking so much against the idea of Short Term Rentals, but I would ask you as a cautionary note,to look at the numbers that are being put in a specific area. Because what happens is this whole Beach area District, as you well know,has gone through some dramatic changes since the 1980s. And there've been some people that came well before May, who took a lot of time and energy including Lynnward Branch, Marian Nixon, Bobby Yates, Barbara Clarke that saw a real transition of this area and the stabilization of this into strong neighborhoods, and even in your comprehensive land use plan as well as the race that plan and the one is undergoing revision right now, which Mr. Inman was saying yesterday, talks about the stability of these neighborhoods. And if you're not careful, the question becomes what becomes the tipping point? What begins to change a neighborhood from having that strong fabric of people who live there on a year round basis,who put their heart and soul, who raised their kids there, and then it becomes something else inadvertently, it's the unintended consequences. The other aspect I wonder is how many people and this is a bigger broader picture for Short Term Rentals. Because we know we have this Something In The Water. How many people have to come and get a conditional use permit for a single use basically for the short term, Something In The Water which is a one week but it puts something very different, puts a different tag on that house and in that neighborhood, and even in the federal government guidelines, if I recall correctly, you can rent your house out for two weeks and still consider it your main home,you don't have to pay any kind of taxes on it. So, again,think long term, think implications,because this is the big starting point, really for our neighborhood, as well as a lot of other neighborhoods that live near resort areas. So again, cautionary flag, think long term, think the impact on this particular area, what are you going to do? And how does that emanate to the rest of the Beach District, as we've worked long and hard to get it to where it is today, and it's a strong, family centric area. Thank you very much for your time. Ms. Oliver: Thank you. Anybody have any questions? Thank you very much. Mr. Weiner: Okay, Madam Chair, I move for approval on the consent agenda items 1,2, 3, 4, 5, 6, 7, 9, 11, 12, 13, 14, 15, 16 and 17. Ms. Oliver: Perfect, do I have a second? Mr. Alcaraz: Second. Ms. Oliver: Yes Ron. 2 Ms. Ripley: Madam Chair, I need to disclose on item two and six, they've listed Town Bank as their lender or potential lender and there's no more I need to disclose that I'm a member of the Town Bank Advisory Board in Chesapeake and I have a letter on file, so it states that Town Bank is not the applicant nor has do I have any interest in any of these applications, Planning Commission recommendations or advisory and final decisions are made by city council so I'm disclosing that I hold that position, but I will be voting. Ms. Oliver: Okay, great. Mr. Redmond:Madam Chair. Ms. Oliver: Yes sir. Mr. Redmond:I will abstain, I will support the whole of the consent package however specifically I will abstain on item number six the application of RAW Enterprises Inc. I have ongoing business relationships with a number of folks who are involved in that project. Ms. Oliver: Great. Yes, Commissioner Inman. Mr. Inman: Likewise, as Mr. Ripley's case, I'm a member of the Advisory Board of Town Bank, Virginia Beach, and for the same reasons that Mr. Ripley stated, I will abstain. I will not abstain, but I'm disclosing my position. Ms. Oliver: Okay, great. Ms. Cartwright: Vote is open. Ms. Sandloop: Okay,by recorded vote of 6-0 with the exception of agenda item number six,which would be 5-0 agenda items 1, 2, 3, 4, 5, 6, 7, 9, 11, 12, 13, 14, 15, 16 and 17 have been approved by consent. Ms. Oliver: Right. Thank you. And I'd like to thank all the applicants who had a matter on the consent agenda today to attending today's hearing. These items are now going to be scheduled for hearing on the city council agenda and is there any other further business? Mr. Tajan : No Madam Chair. Ms. Oliver: Since there is no other further business on behalf of my fellow commissioners, I'd like to thank everyone for attending today and the planning director for his staff and all their hard work in preparing today's agenda. Thank you, meeting is adjourned. 3 AYE 6 NAY 0 ABS 0 ABSENT 5 ALCARAZ AYE BARNES ABSENT GRAHAM ABSENT HORSLEY ABSENT INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT WALL ABSENT WEINER AYE CONDITIONS 1. While this conditional use permit is active,parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 2. The approval of this Conditional Use Permit shall expire five(5) years from the date of approval. The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for a short-term rental, where the short-term rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 3. 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. 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the short term rental within thirty(30) minutes. Physical response to the site of the short term rental is not required. 5. If the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a"through "c" below. This information must be submitted to the Della'ltuent of Planning and Community Development for review. Notification shall be done within six(6) months of the property real estate transaction closing date, otherwise the use of the conditional use for short term rental shall be null and void. a) A completed Department of Planning and Community Development Short-Term Rental registration form; b) Copies of the Commissioner of Revenue's office receipt of registration; and 4 c) Proof of liability insurance applicable to the rental activity of at least one-million dollars. 6. To the extent permitted by state law, each short term rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. 9. A Short Term Rental shall have no more than two (2)rental contracts during any consecutive seven(7) day period. 10. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 11. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 12. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be nine(9) individuals (three(3) individuals per bedroom). 13. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each short term rental. 5 O C 0 •0 0 0_ 0_ 0 1 _. . �l ' ` :fit•_ -r!. I vok, 9iy_p_,:-..-----.: -vas .,...!,, -oil\visti I'A-7-0g trJ , rifft,...t, '‘G)._'!, ,„•:-:-- ° got cc: g',;:ti', te.°11%01 Ili,:.1 *--teilifil.''fa 01 CC t I- ' , f -ii iLc' ' �� ' ilk ViQ om. 0 ` ' ``` , a 1 �' c ,J rN.1 .t• \:1 , , ...a.- lr_ -v• ::.',,z; s...vt: k 0 • • . • '-t- '104 kiPt O ,.r�-,„-,i4,. tiltt1•14-1- lc.\ 1 yr* c 0,1 J .1,,•,? ^"1: • i i.-.,tft 'O :te '+ 0o. 1 — "� `, 7,,, , \ 46) ik v11.1_' ..40... ..i.,_„!,r,,Lk orl‘ '1 ,--,A141.r,,10. 11111...0,31 , 6 9r-. -....u.riS, Ift. W•: rl.A1Y..4%' y.1 ►',,y 1`\\l*• l'e-.'; f 13 Imo;, I ie. to 0 CI 0. cil 0 ,.. 7,tom\. • ..,\:. v..v.4.,,to:,,, 0 f i w . O • t* , It �v..4+ .. , wtos " , ' 41111 CC cc N ;'. y I,•,t • , .--- a '..,t Sal 1 r w 11 W. [ .s u1�t �,' ,t t wry lilt:�yofv ---- •_ :0...0...7.,...aix t‘,,, O ((rr77° d CC ,', l.I • N ,"> ''\\Ii; :, gal�' f'a';� l l'TA, fi 1 �4'� M yl G 1 w ---• 0S oil t•1��a • .` c wl `�.' S� �lt•s 1 la `tot W r p OA ira , `C �..) ` o t i 11\1\, \ 'Cts� a '2... �� I r i L() ., d W a \ Q ti %, , of_I ° 0 CNI % C it) 7.011 ) 1:11 -1/"..?";* 'illifig,I'4 • 4 ' tit - 414:-..,-;; -,,, . N.- ...-...„.. 7,. ,,„,„, ....„ „,„ , - ..-,-•*. 4_, N \,., ,,vi a . i e e 7* ' lot? v4,' po INC,,,, - '4 ti-7,-'-',.,,.....4,-a ;— -ID r SM,a 1,f p1� Q J •j` iirii: ,. a iirp;.ra.- or / t`I \\` 1 i "I Qa W 444 &_.' lIi��..'. I.L !r 4\etc �aQ~ r _to— , NIA, ^....jttti..�_..`.�': 1 i r K' To members of the Virginia Beach City Council: I am in favor of the following conditional use permits-short term rentals on properties owned by CEBT Properties LLC,C and C Development Company Inc and Chris Ettel located at: A 400 27th Street,402 27th Street,317 26th%:Street, 320 27th Street, 320 26th%:Street,403 25th Street, 2416 Arctic Avenue,617 23rd Street Unit 1,617 23`d Street Unit 5 ,r', yE V 07AR A-e/ i77o44 Z6 int. Vc V C : C o goo a6 'A 5t pbLr+ Reti\-aCkt- fi,u,t-if ,-1),:( ? 0 a -2-t.,k- 51- . S25- z4-4- 3.-1-- /4--ma, 8 l•6 hck_.^0. Sl3v& 100 z d 51- cz tom- , C-S-N( 1--- g 3--/ - "(0y zt,oa .P 'c , To members of the Virginia Beach City Council: I am in favor of the following conditional use permits-short term rentals on properties owned by CEBT Properties LLC, C and C Development Company Inc and Chris Ettel located at: 400 27th Street,402 27th Street,317 26th Y2 Street, 320 27th Street, 320 26th Y2 Street,403 25th Street, 2416 Arctic Avenue, 617 23rd Street Unit 1,617 23rd Street Unit 5 Notre it614(63 li ?ifs` 1/4- t1\ G /a . 1025 C. 64 / 04 ° 9 y rA /44 /4/ ‘,----1. ....) ‘ ‘. . , _...2 %h ' ', \.,..._ li + , __,..--- , _ f _ , - '1:,, ; V* ', _.\ \\ r'' : oz i -` Y r; ----\ _ "I;C- \ 4 _ _ - 4 V_-------\ -ks.-• - O - \\\ ,.........___------.. lc-I ____D ,,_ \,_ -----::::: 1. ,. ., \___ _ ,, ,. ____, ______ - k.,_.7t.„,„,,, % 4.0 \__- ', t, - �, _ 33 - s tO U 1"mi Co r 4.0 '1 r ,t4: 11. V '' .4'4‘ \.‘''‘71 ; '. - aN"‘\ '', .*. ‘-1\-N '*.cN'- \ ' \ \ Tr \NNA „ .. 4-0 El! tic $r � -� es J ,, ) 40 c"G A � � N ii , 410 r i 4' %ii k I w e \ to v t + i ze _ .. �� - \ L-- ..•; - __LO i`- ''S _, O 1--, 1i --5 C iz is CD C3) + as "' t (n V) N a. co \ -\ ,,,-- , _,_\, , 5 _ r i -., `\ SQy�� A1t 4t, s; N war CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CEBT PROPERTIES, LLC [Applicant & Property Owner] Conditional Use Permits (Short Term Rental) for the property located at 320 27th Street& 320 261/2 Street (GPIN 2428001499). COUNCIL DISTRICT— BEACH MEETING DATE: February 4, 2020 • Background: The applicant requests two Conditional Use Permits for Short Term Rental. The 6,900 square-foot parcel at the oceanfront is zoned A-12 Apartment District (Old Beach Overlay). Accordingly, the Old Beach Overlay permits two single-family dwellings on one lot. Each of these units are proposed to operate as a three- bedroom Short Term Rental. The maximum occupancy for guests on-site after 11:00 p.m. for each three-bedroom Short Term Rental is nine. The minimum number of parking spaces required for each rental is one per bedroom, or three spaces per unit in this case. • Considerations: This property is located approximately four blocks from the public beach of the Atlantic Ocean. Accordingly, the use of single-family dwellings as Short Term Rentals is expected in the surrounding area. The Zoning Administrator has determined the submitted parking plan for each unit, including one space in a single-car garage, is acceptable. Also, Condition 1 limits the number of Residential Parking Permit Program (RPPP) parking passes to two residential passes, and further prohibits guest permits and temporary permits through the RPPP. All other requirements of Section 241 .2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request; however, there was one speaker at the Planning Commission public hearing who advised caution about the concentration of Short- Term Rentals, particularly in the Old Beach Overlay District at the oceanfront. • Recommendations: The Planning Commission placed these items on the Consent Agenda, passing a motion by a recorded vote of 6-0, to recommend approval of these requests. 1. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. CEBT Properties, LLC Page 2 of 3 2. The approval of this Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for a Short Term Rental, it has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 3. 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. 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the short term rental is not required. 5. If the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a" through "c" below. This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental registration form; b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one-million dollars. 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. CEBT Properties, LLC Page 3 of 3 9. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 10. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 11. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 12. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be nine (9) individuals for each unit (3 individuals per bedroom). 13. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department i City Manager: 7NL AiBApplicant & Property Owner: CEBT Properties, LLC Agenda Items Public Hearing: December 5, 2019 12 & 13 City Council Election District: Beach Virginia Beach Requests #12 Conditional Use Permit (Short-Term Rental) #13 Conditional Use Permit (Short-Term -" b ) _ eisoll Rental) ---...,, Sol leg% Staff Recommendation 001 Approval - ! op t.�------gig �,� Staff Planner 1014161100 Kevin Hershberger i f. _ . Kevin Kemp + 1r .,0 Locations , „ 0017 111.16111011111 320 27th Street& 320 26%2 Street 00 �,''''"'�„�.�1 GPIN ,i jwowl 100111 2428001499 rat �I� opos Site Size • 6,900 square feet Existing Land Use and Zoning District ` a ` . - /kril Two single-family dwellings/A-12 Apartment *' i . (Old Beach Overlay) 1i,- _„ t 1 Surrounding Land Uses and Zoning Districts �""�"� c.�si-A s - ',. i. ''` North 1� . � It 1tlit 1 * �l, 27th Street l� . ', '� Single-family dwellings/ R-5S Residential (Old `, \ ? d- Beach Overlay) 1 .• W. ,. South k,i - , \ % 1 ,,s1 I,.. 26th %2 Street (alley) -4 ., ` r' • k I Single-family dwellings/A-12 Apartment (Old i•� 4 Beach Overlay) � : ,E.. " -, , :(I' = rtIliki lk East :<` q r, . , .¢ Single-family dwellings/A-12 Apartment (Old °:r jit... �', ` , - 'hr ., -C.,. ° . ,� ,sere Beach Overlay) West Arctic Avenue Single-family dwellings/A-!2 Apartments (Old Beach Overlay) CEBT Properties,LLC Agenda Items 12 & 13 Page 1 Background and Summary of Proposal Site Conditions and History • This 6,900 square foot parcel is located within the A-12 Apartment District. • Two single-family dwellings are located on-site. Summary of Proposal • The applicant submitted Conditional Use Permit requests for short-term rental use on the subject site. The regulations for Short-Term Rental use on the property are identified in Section 241.2 of the Zoning Ordinance. o Occupancy—A maximum occupancy of three guests per bedroom is permitted on the site after 11:00 p.m.The dwelling at 320 26 1/2 Street is a three bedroom unit.A maximum of nine overnight guests are permitted.The dwelling at 320 27th Street is a three bedroom unit. A maximum of nine overnight guests are permitted. o Parking—One parking space is required for each bedroom.The submitted parking plan shows three on- site parking spaces for each unit. One parking space for each unit is located within a single-car garage. OR trset _ -1 . OR A36 * A-12 n 3.0,5u R•5S Zoning History e 4 OR # Request • P-1 /. 1 STR(Pending,CUP Short-Term Rental) Z7 th Street -- • ��. A-12 NON(Withdrawn) /---'`- 2 2 A.,2 / 13 2 NON(Approved 08/15/2017, interior alterations) OR 3 NON(Aproved 12/17/1996, convert one-story cottage to 2 •• a two-story garage apartment) 4 NON(Approved 05/16/2017, addition to a non- A 15 Of conforming duplex) 5 NON(Indefinitely Deferred 06/23/1998) 2sth5d*at A-12 A-12 _i►oa Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance CEBT Properties,LLC Agenda Items 12 & 13 Page 2 Evaluation and Recommendation This property is located approximately four blocks from the public beach of the Atlantic Ocean. Accordingly, the use of single-family dwellings as Short-Term Rentals is expected in the surrounding area.The Zoning Administrator has determined the submitted parking plan for each unit, including one space in a single-car garage, is acceptable. All other requirements of Section 241.2 of the Zoning Ordinance for short-term rental use can be reasonably met. No letters of opposition have been received by staff. Based on the considerations above, staff recommends approval of the application with the conditions contained in the staff report. Recommended Conditions for Items 12 & 13 1. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 2. The approval of this Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for a Short-Term Rental, it has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 3. 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. 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the short term rental within thirty (30) minutes. Physical response to the site of the short term rental is not required. 5. If the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a" through "c" below.This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short-Term Rental registration form; b) Copies of the Commissioner of Revenue's office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one-million dollars. 6. To the extent permitted by state law, each Short-Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. CEBT Properties,LLC Agenda Items 12 & 13 Page 3 8. 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. 9. A Short-Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 10. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 11. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 12. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be nine (9) individuals for each unit (3 individuals per bedroom). 13. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each short term rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, November 17, 2019, and November 24, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 18, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on November 26, 2019. City Council • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, December 22, 2019, and December 29, 2019. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on December 20, 2019. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 3, 2020. CEBT Properties,LLC Agenda Items 12 & 13 Page 4 Site Layout and Parking ____ NVld 1.N3 LIci 613AOral 3.1.18 ."*".' '1: =1 ;igE -; .• r o= f 0 ....;.--.: ........•,.1 ...!.....• ,): . .t."-I.. .„„. , z.6 9 ! 111, ..... ••• CO i • ..''' liP WOW.NJYAB VINOW . .,t• ... Z '''''''TC'?..';•r••1',7e.•.'"?!At• 4•...- .•t••W..*'s 3`e -t 1,•,;:i,lt; ', . • . ,, !•—÷ .i 1 1 11 vt i. 1 iiel , sa 11:4 I it 1 i L • vi :11'•Its '-*--- P, -t-zs ---1 ' t I Z ''".'h 1 lii! 41:1. i -t‘c' k—i7:‘,t t l•,,e/.t.' -4tt " '._' o it * fVd 27th Street .., v,> • , I it. ' ,•.. , 1 +fl ' 1,.. , i a .',`/, V 1 Z - ill , II I I , / 1* . . "11 I c . Li 1 • 1 I 1 I • t'' '', **fI. I " ' • . I il 11:it /1 , , 1:4..., 1 g • ..t i 1 a ..• , h. k 14 t CU -,, r‘p• , -- ., I" - i•-h i _ , , . 4 f CU : 'M.,. 7 1 41.-0 I-I > .44 . e '1 10' 1;1 l',1 „ < " 9 ,,, y. k, - ., 4 ,,„ ,..-4 .,_, ...I, , - . .., 4,0,. ! ' 4,4 :,..,. , 1 . 1-2 .,0 E. 1; f"- J vi < ;111.! • 4.., .4 t i igil 1-", ill 11 s' 1 1 1 i 61 i ii 'it 01 • — ' ,ii, i; I I till g k•..' I 1 ' „!.. o‘i,';',,'.''''r".\.,.:,,,, jia - Ag • .., ..„. III ,i,„,.-..,..,,,._41 ..,, —I; - 26th y,Street r f siii —....-/ 1.-, 1 if 0 f" .:-. o .s.,i..,14,. `,,,,' ,„ .a, ' . r, I- ! 'I • gifilidin 1 .. N.P • • ! A I ' I I 4,1 I ; e/ilf q i I 11,14 0,01 ,..:.:=„../„.1.,0 ;lib;;i.; fail It Hi.11141LITI IN4 Ofill illfr i,..lilligi,kit.p, 11,01541H:0.riot, il ih,411 1;1 NI At it ii,r c 4/11!14 itorittlFor dgli 1 il ii 11 i.;I.:lig' iillidli;I:-!1,104c1,1,1,1:.!„, iii ill, ipill,,,ei ft 1 f,l if.faith 11411'114s- ` PPP If-al s IT/s; %hilt+tivt,liFil altit tirillais 144 1 i i if 4' i%I.,911 ti fi!!!s Islqif114:1•1d, ' it%ipillii iftill,I i g!se'isslAlia411.1 it;itichNg cv[is.tilik ag 1 li;;. ,illpflpliskiii I l'ititilltit!INF! 111 1! ;'I :i li Its 1 IN:itie!itztel to!i•ett gi flge.i!p 09 i.,,E,//,,,,/,;:,,/..1;,!,,I,g,,:1_1,1/1 iiiii ,A.,/E1 ' %tiililliii 1:011:!11111,41V[1911111,4:1,q191514110451i1Plitliiiii:1$,Tli1311,1-!!/!154MilPi;f113iiihrl Iwo:H.160M=ti.lo'illitiullipli flt iiiiiiiim,00,1.111 11100.1 11,s,q1yiNFilliph b II Lioto,irs, i ' . .wiltiMhititguniMgilliii dighi:.„Liaidligliumighlth efin:A hRilfiRli:iltwillihIlliihtlillilit . ,Itt- I . ' t . • . CEBT Properties,LLC Agenda Items 12 & 13 Page 5 Site Photos s. . .- ° •t. •;•. aL f 141 ,' .. 1 ! Garage - : . LJ m ® rig„ . 1-space _ l � Driveway 2-spaces e 4 't .' , } ' Ii e ye . _ � Y �tr I CEBT Properties,LLC Agenda Items 12 & 13 Page 6 Site Photos I ,® jj 'r --^ : ui r s n s 1 -- , i t 1. dre f ee. 4 : 2� �lT v im - ��-. Jlf ` .:. Y Mis-Lock 1. , .IA ,,,,,,tvio.- ir _ ........,: „.„.„.... ... 3 :,_ _ _.,..„,,,,.,,, .1.9...,„,„,,,,. ,_,,. .. _...,..., , "r:V:,-","44a,, .• , ......, I to . CEBT Properties,LLC Agenda Items 12 & 13 Page 7 • Disclosure Statement • Virginia Beach APPLICANT'S NAME CEBT Properties, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONi ! !'disc'osiae :must tie updated t. Page 1 of 7 Mannino Commission and City Council meeting that perta _: the APPLICANT NOTIFIED OF HEARING /s-/7 fit NO CHANGES AS OF le LAIL j2/j7 r REVISIONS SUBMITTED DATE: CEBT Properties,LLC Agenda Items 12 & 13 Page 8 Disclosure Statement VirY,frtva Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. } Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) I ist the Applicant's name:CEBT Properties, LLC • It an LLC, list all member's names. Christopher J. Ettel, Manager, Bob Taylor, Member If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applic ant: rAttacit list if necessary) See next page for information per,alning to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if properly owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the PROPERTY OWNER L$ a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 CEBT Properties,LLC Agenda Items 12 & 13 Page 9 Disclosure Statement Viirgit is Beacl. If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent subsidiary relationship" means 'a relationship that ex-sts when one corporation directly o- indirectly owns shares possessing more than 50 percent of the voteng power of another corporation See State and Local Government Conflict of Interests Act Va. Code§2.2.3101 2 "Affiliated business entity relationship` means 'a relationship, other than parent-subsidiary relationship,that exists when lit one business entity has a controlling ownership interest in the other business entity,oil)a controlling owner in one entity is also a controlling owner in the other entity,or hill there is shared management or control between the business entities. factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a Bose working relationship between the entities" See State and Local Government Conflict of Interests Act, Va.Code§ 2.2 3101. • _ _,.._ a SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the anpllcatlon or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPUCANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 CEBT Properties,LLC Agenda Items 12 & 13 Page 10 Disclosure Statement -V3 APPLICANT YES 1. NO SERVICE PROVIDER(use additional sheets if needed) - -- X Accounting and/or preparer of William F.Nagle.CPA your tax return �iEi Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(If other than 1-1 the Applicant identify purchaser and purchaser's service providers Any other pending or proposed ❑ " purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ) X ❑ Construction Contractors Vli Homes Engineers/Surveyors/Agents j 1WPL Financing (include current Mice Donovar Private Lenoer ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X ❑ Legal Services R.Edward Bourdon,Jr.,Esq. Real Estate Brokers/ Frank Rameker I i ❑ Agents/Realtors for current and l anticipated future sales of the subject property `Harry R. Purkey, Jr.. Ee --i SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have I I an interest in the subject land or any proposed development ICI contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 CEBT Properties,LLC Agenda Items 12 & 13 Page 11 Disclosure Statement 'NB Virginia Bead, CERTIFICATION: certify that all of the information contained in this Disc Insure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has beeni scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA` meeting, or meeting of any public body or committee in connection with this Application. CEBT Propertli+s;ZLC Christopher J. Ettel, Manager "J./ PRIhINAI�'E DATE APPLICAN1'S SIG4A E --- +'a:e S 7 CEBT Properties,LLC Agenda Items 12 & 13 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CEBT Properties,LLC Agenda Items 12 & 13 Page 13 Item#12 & 13 CEBT Properties, LLC Conditional Use Permit (Short Term Rental) 320 27th Street& 320 26 l Street District—Beach December 5, 2019 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Madam Chair, the next items fall under the short term rental consent agenda. The Planning Commission places the following applications for conditional use permit for the short term rental of the consent agenda. As these items meet the applicable requirements of sections 241.2 of the zoning ordinance, Staff and Planning Commission supports the applications and there's no known oppositions to these request for items number 9, 11, 12, 13, 14, 15, 16 and 17. Accept. Ms. Oliver: Welcome, Mr. Bourdon. Mr. Bourdon: Yes,just for the record, I represent all of the applications that Mr. Weiner just read. My clients are here along with a number of other people who live in the vicinity, I have provided the commission's clerk with a copy of petition and support from folks who live in the immediate block,blocks of these properties are located in for the record, all of the conditions as recommended by staff are acceptable in each and every one of these cases. And as I may have mentioned to two of you, after the informal broke up, they have no intention of allowing any of these units to be occupied by more than 15 or 20 people for any kind of event. So, I understand why that condition is in there, but I don't want anyone to have and I know you all don't but even the public at large to believe that this applicant is going to allow or expect 50 people to be and some of that at one of these houses .So I understand why they are not complaining about it, but just want to set the record straight. Okay, thank you. Mr. Weiner: Thank you. Ms. Oliver: Thank you. Ms. Sandloop:Madam Chair, we did have one speaker come in,Nancy Parker. She has questions apparently about items 9, 11, 12 and 13. Ms. Oliver: Yes, come on up, Mrs. Parker, 9, 10, 11, and 13. Ms. Sandloop:9, 11, 12 and 13. 1 Ms. Oliver: Okay. Ms. Parker: Madam Chairman,members of the Planning Commission. I appreciate the job y'all are doing back over how many years ago I sat in your same seat and it's that planning soul that made me come down here and have to speak today. I'm not speaking so much against the idea of Short Term Rentals, but I would ask you as a cautionary note,to look at the numbers that are being put in a specific area. Because what happens is this whole Beach area District, as you well know,has gone through some dramatic changes since the 1980s. And there've been some people that came well before May, who took a lot of time and energy including Lynnward Branch, Marian Nixon, Bobby Yates, Barbara Clarke that saw a real transition of this area and the stabilization of this into strong neighborhoods, and even in your comprehensive land use plan as well as the race that plan and the one is undergoing revision right now,which Mr. Inman was saying yesterday,talks about the stability of these neighborhoods. And if you're not careful, the question becomes what becomes the tipping point? What begins to change a neighborhood from having that strong fabric of people who live there on a year round basis,who put their heart and soul who raised their kids there, and then it becomes something else inadvertently,its unintended consequences. The other aspect I wonder is how many people and this is a bigger broader picture for Short Term Rentals. Because we know we have this Something In The Water. How many people have to come and get a conditional use permit for a single use basically for the short term, Something In The Water which is a one week but it puts something very different, puts a different tag on that house and in that neighborhood, and even in the federal government guidelines, if I recall correctly, you can rent your house out for two weeks and still consider it your main home,you don't have to pay any kind of taxes on it. So, again,think long term, think implications,because this is the big starting point, really for our neighborhood, as well as a lot of other neighborhoods that live near resort areas. So again, cautionary flag, think long term, think the impact on this particular area, what are you going to do? And how does that emanate to the rest of the Beach District, as we've worked long and hard to get it to where it is today, and it's a strong, family centric area. Thank you very much for your time. Ms. Oliver: Thank you. Anybody have any questions? Thank you very much. Mr. Weiner: Okay, Madam Chair, I move for approval on the consent agenda items 1, 2, 3, 4, 5, 6, 7, 9, 11, 12, 13, 14, 15, 16 and 17. Ms. Oliver: Perfect, do I have a second? Mr. Alcaraz: Second. Ms. Oliver: Yes Ron. 2 Ms. Ripley: Madam Chair, I need to disclose on item two and six, they've listed Town Bank as their lender or potential lender and there's no more I need to disclose that I'm a member of the Town Bank Advisory Board in Chesapeake and I have a letter on file, so it states that Town Bank is not the applicant nor has do I have any interest in any of these applications, Planning Commission recommendations or advisory and final decisions are made by city council so I'm disclosing that I hold that position,but I will be voting. Ms. Oliver: Okay, great. Mr. Redmond:Madam Chair. Ms. Oliver: Yes sir. Mr. Redmond:I will abstain, I will support the whole of the consent package however specifically I will abstain on item number six the application of RAW Enterprises Inc. I have ongoing business relationships with a number of folks who are involved in that project. Ms. Oliver: Great. Yes, Commissioner Inman. Mr. Inman: Likewise,as Mr. Ripley's case, I'm a member of the Advisory Board of Town Bank, Virginia Beach, and for the same reasons that Mr. Ripley stated, I will abstain. I will not abstain,but I'm disclosing my position. Ms. Oliver: Okay, great. Ms. Cartwright: Vote is open. Ms. Sandloop: Okay,by recorded vote of 6-0 with the exception of agenda item number six,which would be 5-0 agenda items 1, 2, 3, 4, 5, 6, 7, 9, 11, 12, 13, 14, 15, 16 and 17 have been approved by consent. Ms. Oliver: Right. Thank you. And I'd like to thank all the applicants who had a matter on the consent agenda today to attending today's hearing. These items are now going to be scheduled for hearing on the city council agenda and is there any other further business? Mr. Tajan : No Madam Chair. Ms. Oliver: Since there is no other further business on behalf of my fellow commissioners, I'd like to thank everyone for attending today and the planning director for his staff and all their hard work in preparing today's agenda. Thank you, meeting is adjourned. 3 AYE 6 NAY 0 ABS 0 ABSENT 5 ALCARAZ AYE BARNES ABSENT GRAHAM ABSENT HORSLEY ABSENT INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT WALL ABSENT WEINER AYE CONDITIONS 1. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 2. The approval of this Conditional Use Permit shall expire five(5) years from the date of approval. The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for a Short-Term Rental, it has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 3. 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. 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the short term rental within thirty(30) minutes. Physical response to the site of the short term rental is not required. 5. If the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a"through "c"below. This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short-Term Rental registration form; b) Copies of the Commissioner of Revenue's office receipt of registration; and 4 c) Proof of liability insurance applicable to the rental activity of at least one-million dollars. 6. To the extent permitted by state law, each Short-Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. 9. A Short-Term Rental shall have no more than two (2)rental contracts during any consecutive seven (7) day period. 10. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 11. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 12. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be nine (9) individuals for each unit (3 individuals per bedroom). 13. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each short term rental. 5 O C 0 4-) V1 0 0- 0- 0 -- ^��• E - . .44)( 1161111, t � Illi �e. TE I, ,IC % �' 1` � .�-" go* E A a ,tEIripr0;000,A1 .. ,iiiirr l - v ' 1.1 CC t, E 0.51 ~t��. .� 1pv t�t . ''. �r�V '�'t'.Y, - �l Q 'IN,'li :`,•l a • . :.. •7 G1. 4.- utak n tl . '� 1 " \Is• `i a•• t 5 l % d.. N 1 •lja% +�► 1" f'"►�}]{C�"i ' ''' . lit• {r r�.�/. y C7 s © ` : r�lA r r6 ^� '" :,Etiltl ,.i .�r�'�1 ?,�G-..?�:� �',� Oell •.• �� E T F.. - �f'�^, ` �'},� 1 Ass.7.•,.0 ►t. t a?�!'� jai td r 1Y1.T"�� 7 .�v c? #+�'. 11 it% ta,!l Syr•- /" y 'iT;)1*, �.• a N f .s,� ' �r � t'i" ""•w .+ a„ �~ .j�E m m '^mac t r� %..s• _� ,tis�`1tlf�{ i 'jil. v:* �F 1 O i !ilii Jh� , O t • : L7,,01, •tt,.lion".t # .` rr ,li cL r l yr ,- .�� 11•-*'�. tY1'' • a s Q- tlopyi::•,,, t ` ^_ 111! � 1-_. 41 ' %i" =? IP ait. "l' er . Elir" =` _ ' if � • r 't�o • . iV)O vi ,toR`I� • �. [d a .,�"1.111, • . __. ,•.. • t 1 1,;. o ^ • 1 Y • vi t r f� y _ / E 1 1 %'* f"` ` Q Ili.Ea "fi11\t t ' .• *al 0 ;.,-,-.0 'w : ,:a, ei - 0/ ti) \z o N MRi _r'� ?rim 111• "4i It ''44 ,: y M t p �Gs.••7.. �t r t r; 3l . , w r .� a a!, 1 `t .1~fU r yvi: t ` r i� t 0_ 41,1„ ,.',, 0 } .E-$© gquy `4v4 1czo4 / IP j . AZI,CC zz..-. /4-44 4rs 4 klu 1. T ) Q r l 7 1 rrpi .a q,7.• t4W • y • E 7 • rr1ljL.C.i r ,,.: f/tC + y.4p ID e lair e . .7 _ '0717 iillrf:), 1 tt % ....t---5'-:!::-2// °COL:10:1° I * . " 4:"4.4%...itril - gr- < LE, °41.1-: XV.'. '.4._?ii.1:7 .-.=iNti2 1 ..„ ° • .\\ :°:liii• it -7 ti 1.Eti E. l t0 �:. ' 1 _•rr� e' •L�!rl, ' J: �Gy' ..r`r ': 0 To members of the Virginia Beach City Council: I am in favor of the following conditional use permits-short term rentals on properties owned by CEBT Properties LLC,C and C Development Company Inc and Chris Ettel located at: 400 27th Street,402 27th Street,317 26th 34 Street, 320 27th Street,320 26th 34 Street,403 25th Street, 2416 Arctic Avenue,617 23rd Street Unit 1,617 23rd Street Unit 5 c5/7: . z7 677 ,r-k y V 0-2/9 .e 7720 rele em 414'47-4 6z. ty ,9 GA_ It- cpc.L„f Pry\olt- 3 0 g Z4--e,t&Q_ 8 1.6 k 66() Ilse LIdG z3 5� ‘ e,\)€-A- 1-,11-45 z6oa ? 4-ic , / To members of the Virginia Beach City Council: I am in favor of the following conditional use permits-short term rentals on properties owned by CEBT Properties LLC, C and C Development Company Inc and Chris Ettel located at: 400 27t'Street,402 27th Street,317 26th 1/2 Street, 320 27"Street, 320 26th%:Street,403 25"Street, 2416 Arctic Avenue, 617 23`d Street Unit 1,617 23`d Street Unit 5 No me Ac14 k65 (3-frfk (41(4s1 rb:jfit/14/44---ter� /A _ a C 6,45ze„ �3L fig_ lVif/� 42, 02� �k s�i�e (1/4- �c� UA 2311s ',Oft" 0 C 0 N O 0 ... ___ . c ,iso ..._._ . •,:-,,,%.-\,7.500,0„.I.S ,.,. TIA .mot. `1 `c — -.• 1 7-',ta_,...-0-.001.1 ,07.:.:0 111,.,.,,C-•..-_'._.,,0,.,,'.,,i._p.1.„.•,.vs .oI,-'5;','',A A1/4 -.7_0.4..--,_.-.I-_l a..,- ..O-. w /_ t l-3:0000I 14vp--. 0 4i.4 t»sue / ;Oti Q (n •, •*+'t 1 `, a \ '-Mir �/11.,_ l r',.... t+ l l0 �• .,mot ,, ,,,, 1 "�. ...K, , 1�� ;. .. •' • •'� c4.1�:' z (( 1 (i+ O r'_ y- ...«""' tttttt �' ;`. ;tell 1.75 j C.,, �, 10. 1.�'�, 1 t •l� - -• '�i*'`f,(c'it *,Y:1*., : iw�.'�!* T�..1 .. i.... �' fL �� ,V / I -,- ` It. _ '7� . ,� � ll��l`t q —..\,,. • tr � � �d 1 . ,� 1,5 si,„„„1,„.\ 4, ..„..., , ..,.,..,.., .., , . .4.. 4 ...4 ----......„. •\,..,— ...,,, •_ . .„.• ,. A • - ..*-•••... *P.- .---1 CI. law or.�. 1 -y'• 't'-t'1, 11 • V.'. 1 ::.tom; a _ _ry`,,,t: ^*� ,,. Vriritll R Iv ill if . \- A 1 ir,...7.,...,...,._......7 .4.. ,. . ...„ it _ ....., ,!,.._.1,_:.___ ,.....a ,k \iv. .....1 . 0 i_i_i / ,. , ., w ..•,.. ..iL ... .4.10.1, ....,,, \ lik i% . tr uer •t _t_ ♦3 ft {7; , f as ti ��¢,: s r �.;:I: _ _ �*. O R -‘, . `�,.•,I I 0 o ��c * r, * ) , .[ t� r' (0 t\ -: -.. 1 P� • CC 1:kW al V;''.`;:1....i1-..2,4 -• 8 '' t\I'l• t \* 6 . I— t r •s 1 s s - - .s %,♦.q, • COel 1 `` O .,l l` /\ '1 r ` ri `trM I I..I t o 4611{ . O} ,\ I t 1WIA U It ° t • • 1' IA i li IA 0ARID.0c .12 , >` ', C t ,,,, ,,,,, 0 Q \ 0 --.1 ft) %.,77.' 1=3,,1"-;,1404 .4. _-„,-, 1/4„,, '...? ,-,,- /441:if:;ib; el --. 16 g r i,...„Ni 0•.4, • 4#0, fr /*A.6 464.. , Its* 'n .a..) ilt! \ 81 1 /7 ' /-r481b7,-- arZ •• '.......40'44.....,/ • 11,4",:i,a, ...,'''..,1 ' •:=VI: N - IN At‘° 0 .12 t� st , �..1 _ i71--1 ,-:-,W,' :„'0 '7,, t ` �J • t i fly t ' .1` sii' C�'' + �.�' Jam.. . . LE f I -..11,.. Le•L ' {J \ :i 7 _� i PI:i i~� Q ! •,'_.x �I„��V a�ie�i 1 �•�j� ,,.{�• 1 1 - i s t tits �:..". ~ ! II far /��.*?� '�.' I ti=.'+s��0E. I 4 To members of the Virginia Beach City Council: I am in favor of the following conditional use permits-short term rentals on properties owned by CEBT Properties LLC,C and C Development Company Inc and Chris Ettel located at: 400 27th Street,402 27t°Street,317 26t''Y:Street,320 27th Street, 320 26th Y:Street,403 25th Street, 2416 Arctic Avenue,617 23rd Street Unit 1,617 23rd Street Unit 5 '77,, ��/C1 e ' z / �:---5-2 ,'/d• V.' 114 57 ? C ; c o �(oo a 6 `/z 5� 6 Ep r C et c:� 2a 0a o? rs 1a C-"I � og z6` . /4-LW_ e k -,37661 loco z3 s1- To members of the Virginia Beach City Council: I am in favor of the following conditional use permits-short term rentals on properties owned by CEBT Properties LLC, C and C Development Company Inc and Chris Ettel located at: 400 27th Street,402 27th Street,317 26`h%Street, 320 27th Street, 320 26th%Street,403 25th Street, 2416 Arctic Avenue, 617 23`d Street Unit 1,617 23rd Street Unit 5 NIG(Nei Acict k63 �� 41` V 4- Eck ( -3yg 1 /, v4- JR . It 02h s2 6. 0/ 4-y �` /Qev-ip."1"/4 \ 461 ' ► 25 16 Ili- streel (/q- YceL_ UA 2311 s smog . z___k___e_____3 _ , olb. , 0_____ \ Iqw . ________ 14 \ , l'0 _V--- k___- 0. ti o o 0 ''''',, I\I\ # \ •`.. 1 \ o 40 10 CO y Si 0 w e_- 0 \ It- =f y , Ce \� Il cs;') Vv___ 3°. f N \--) D.,_ ,..- ,„ - woo Ili Cla o ii 11110. 1C WA D 3waecpp . ,-- -. 0\ L \. menu _ a co `_Cypress •_`=__-_ \ I- .a m ---`� ss pYenne—` � '':\., ~ ~(t — CNI CyPte=_...... di Liiiii ______ \ t __, co 11.°11111 m - \__\' a --- Vik ,..k Cb \ .. \, 0. _ i_----1 -11„1111 a) 4000"."1 a. N a ' •c ti o a) J ti a) i i 0110 ::_-_ '.,, I ED cr) ch 1�F= _I cu c rn N a. CD \ ti I °44-471,! 'if CITY OF VIRGINIA BEACH AGENDA ITEM l ITEM: CEBT PROPERTIES, LLC [Applicant & Property Owner] Conditional Use Permits (Short Term Rental) for the property located at 617 23rd Street, Unit 1 & Unit 5 (GPIN 2417888794). COUNCIL DISTRICT — BEACH MEETING DATE: February 4, 2020 ■ Background: The applicant requests two Conditional Use Permits for Short Term Rental use. The 9,750 square-foot parcel at the oceanfront is zoned R-5S Residential District (Old Beach Overlay) and is developed with a five-unit apartment building. Two of the five units in the apartment building are proposed to operate as a one-bedroom Short Term Rentals. The maximum occupancy for guests on-site after 11:00 p.m. for each one-bedroom Short Term Rental is three. The minimum number of parking spaces required for each rental is one per bedroom, or one space per unit in this case. • Considerations: The property is located approximately five blocks from the public beach of the Atlantic Ocean. Accordingly, the use of dwelling units as Short Term Rentals is expected in the surrounding area. The Zoning Administrator has reviewed the submitted parking plan and determined that the on-site parking provided is acceptable for both the Short Term Rental uses, including the parking spaces located within the garage areas. All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can reasonably be met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Staff received one letter of opposition. There was one speaker at the Planning Commission public hearing who advised caution about the concentration of Short Term Rentals, particularly in the Old Beach Overlay District at the oceanfront. • Recommendations: The Planning Commission placed these items on the Consent Agenda, passing a motion by a recorded vote of 6-0, to recommend approval of these requests. City Council unanimously deferred this item at the January 7, 2020 agenda so that it may be considered when the Councilperson for the Beach District is present. 1 . The approval of this Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process may be administrative and performed by the Planning Department; however, the Planning Department CEBT Properties, LLC Page 2 of 3 shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where it has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 2. No events with more than fifty (50) people present, shall be held absent a special event 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. 3. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term rental is not required. 4. If the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a" through "c" below. This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental registration form; b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one-million dollars. 5. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 6. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 7. 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. 8. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. CEBT Properties, LLC Page 3 of 3 9. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 10. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 11. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three individuals for unit 1 and three (3) individuals for unit 5 (three (3) individuals per bedroom of each.) 12. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 7?97 City Manager: I MI- Applicant & Property Owner: CEBT Properties, LLC Agenda Items Public Hearing: December 5, 2019 14 & 15 /' City Council Election District: Beach Virginia Beach Requests #14 Conditional Use Permit (Short-Term Rental) #15 Conditional Use Permit (Short-Term s ! Rental) e � � Staff Recommendation 7 ,41 Approval Ii0Piiii. 14r, _ elomilllime Staff Planner Kevin Hershberger �� F � • Kevin Kemp ' 5 �-�� Locations 1m , ' ' '111 617; eetU1ts1 & 5rd Str i �� 1110111 G P I �,��r.� 88794 A Site Size t t 9,750 square feet Existing Land Use and Zoning District Apartments/ R-5S Residential Old Beach - ,,, -z Surrounding Land Uses and Zoning Districts - `" �' North , 23rd 1/2 Streetd ' 4 -'.Vest: . Single-family dwellings/ R-5D Residential Old _'. 4 , , £.� ,;-- +� • 1 s .iN T tYe G :/Beach k. ; '. { South f ,t \, u # 1 23rd Street ' " v Single-family dwellings/ R-5S Residential Old '' , ; i Beach ° 4, East s! r Single-family dwellings/ R-5S Residential Old 4 ,x x ; �" i M! Beach West Cypress Avenue . , Single-family dwellings/ R-5S Residential Old Beach CEBT Properties, LLC Agenda Item 14& 15 Page 1 Background and Summary of Proposal Summary of Proposal These Conditional Use Permit requests are for two of the five units in an apartment building to be operated as Short- Term Rentals.The regulations for Short-Term Rental use are identified in Section 241.2 of the Zoning Ordinance. Specific details pertaining to these requests are listed below. • Occupancy-A maximum occupancy of three guests per bedroom is permitted on the site after 11:00 p.m.The submitted application shows each unit (1 & 5) have one bedroom, thus permitting for a maximum of three overnight guests. • Parking-One parking space is required for each bedroom. One parking space is required for the short-term rental use.The existing development contains two,two-car garages and two driveways. The current ordinance requires two on-site parking spaces for each dwelling unit.The apartment building was constructed prior to the adoption of this parking requirement and is therefore nonconforming with regard to parking provided.The parking area provided can accommodate four cars in the driveways, and four cars in the garages.The parking required for the short-term rental use is accommodated in the current parking spaces available. R•5S 201, h-12 R-5D A-12 Zoning History # Request 1 5s � 1 SVR (Request to create three lots lacking width and area) Denied 12/13/2016 oat West RSS RSS 3R Application Types CUP—Con ditionaI Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The property is located approximately five blocks from the public beach of the Atlantic Ocean. Accordingly, the use of dwelling units as Short-Term Rentals is expected in the surrounding area. The Zoning Administrator has reviewed the submitted parking plan and determined the on-site parking provided is acceptable, including the parking spaces located within the garage areas. All other requirements of Section 241.2 of the Zoning Ordinance for Short-Term Rental use can reasonably be met. Staff has received one letter of opposition to this request. CEBT Properties, LLC Agenda Item 14 & 15 Page 2 Based on the considerations above Staff recommends approval of this application with the conditions contained in the Staff report. Recommended Conditions 1. The approval of this Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short-Term Rental, where it has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 2. No events with more than fifty(50) people present, shall be held absent a special event 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. 3. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short-Term Rental within thirty (30) minutes. Physical response to the site of the short-term rental is not required. 4. If the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a" through "c" below.This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short-Term Rental registration form; b) Copies of the Commissioner of Revenue's office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one-million dollars. 5. To the extent permitted by state law, each short-term rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 6. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 7. 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. 8. A Short-Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 9. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 10. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 11. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three individuals for unit 1 and three (3) individuals for unit 5 (three (3) individuals per bedroom of each.) CEBT Properties, LLC Agenda Item 14 & 15 Page 3 12. To the extent permissible under state law, interconnected smoke detectors(which may be wireless),a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short-Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on October 14, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, November 17, 2019, and November 24, 2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 18, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on November 26, 2019. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, December 22,2019, and December 29, 2019. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on December 20, 2019. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 3, 2020. CEBT Properties, LLC Agenda Item 14& 15 Page 4 Site Layout and Parking ti ti4 20' alley N 82'45'00-E 75.00' pin(F) , pin(F) 0.9' 2 t i 21.8' 6'wood parking ' i fence. I - 14.6 spaces , ' part of 1 221' 0.61_ - 27 2 2 • parking 6 WDod -< a g parking i ,,, ,e�P space p g " parking 0_61 art of i x spacesI spaces P 27 f1'{ :l 21 4' 106' - 11 1i (/)CO , I 12.3'm 6'wood 1 I S D : [ fence I W ` i+t cone..- i o § c 31 f no found. 1 29 t•. z o f i i 02238 AC . I ' 0, 9,7508E 1 i II total 1 C i I i $-7.0' i deck I . 6'wood I fence 5 UNITS 6' HV$ ; (2 proposea for STR use) '4 0.5'1 - t 8'wood I—to@' - fence 1 14.7 , i pin(F) , s 82•45.00`W 75.00' 23rd STREET (80') (Kentucky Avenue.plat) CEBT Properties, LLC Agenda Item 14& 15 Page 5 Site Photos - 4��.mow.. 4 t 1 ' liwille---7 MI till H.,,,--1 ,,,t,::::‘,,lic,... _____ _ ' r ff. _ ..._ , __. . ,_. _ ...• ..... . . .. ....____ .. . :. , :. , . . r, / ._____ .. ,,,..,, _____.... ..,., .._ . . . . , . . . ,_ .,. . . _ , • .. . . . •_. • _ 40,00,.. .,10,-.4.- ,_---- .111‘,:- . 4. • . f ....or, „_-.• vf.,-,.‘ --,-..--.T.- - 41#i • ----"P*-- • . .40- - „. A.404d!oit,-..=-• _, :... ;K'S l�i.s it T , L. _ • i; _ ,1-j ' �� i ~ .. CEBT Properties, LLC Agenda Item 14& 15 Page 6 Site Photos • "104. , i {t _ • Ira ! I 1 t��jj •LY leg r , • dp • • • i CEBT Properties, LLC Agenda Item 14 & 15 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME CEBT Properties, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City _ Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two 21 weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the applicatio^is` APPLICANT NOTIFIED OF HEARING DATE: /.2._/7%9 NO CHANGES AS OF O DATE J? 9//'f/ REVISIONS SUBMITTED DATE CEBT Properties, LLC Agenda Item 14 & 15 Page 8 Disclosure Statement 1,\B Virginia Beach O Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:CEBT Properties, LLC If an LLC, list all member's names: Christopher J. Ettel,Manager; Bob Taylor, Member If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner Is different from Applicant. n Check here if the PROPERTY OWNER IS NOTa corporation, partnership,firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business,or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 CEBT Properties, LLC Agenda Item 14 & 15 Page 9 Disclosure Statement Virginia Beach. •' If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectb owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 CEBT Properties, LLC Agenda Item 14& 15 Page 10 Disclosure Statement APPLICANT Virginia Beach. YES NO SERVICE j PROVIDER(use additional sheets if I I needed) E n Accounting and/or preparer of William F.Nagle,CPA I I your tax return nIJ Architect/Landscape Architect/ I ICJ Land Planner Contract Purchaser(if other than nthe Applicant))-identify purchaser and purchaser's service providers Any other pending or proposed U purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) ❑ ® I ___o—l_ Construction Contractors ❑ Engineers/Surveyors/Agents Financing(include current 1 Chris Corso.Private Lender ® n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 1 Legal Services [R.Edward Bourdon,Jr.,Esq. • Real Estate Brokers/ Lisa Eure z n Agents/Realtors for current and anticipated future sales of the subject property `Harry R. Purkev,Jr.. ESQ. .. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have CI n an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 CEBT Properties, LLC Agenda Item 14& 15 Page 11 Disclosure Statement CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application.CE By: Pro ern C ��2 Christopher J.Ettel,Manager q/,9 By: • J APPUCANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 CEBT Properties, LLC Agenda Item 14& 15 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CEBT Properties, LLC Agenda Item 14& 15 Page 13 Item#14 & 15 CEBT Properties, LLC Conditional Use Permit(Short Term Rental) 617 23rd Street, Unit 1 & Unit 5 District—Beach December 5, 2019 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Madam Chair, the next items fall under the short term rental consent agenda. The Planning Commission places the following applications for conditional use permit for the Short Term Rental of the consent agenda. As these items meet the applicable requirements of sections 241.2 of the zoning ordinance, Staff and Planning Commission supports the applications and there's no known oppositions to these request for items number 9, 11, 12, 13, 14, 15, 16 and 17. Accept. Ms. Oliver: Welcome, Mr. Bourdon. Mr. Bourdon: Yes,just for the record, I represent all of the applications that Mr. Weiner just read. My clients are here along with a number of other people who live in the vicinity, I have provided the commission's clerk with a copy of petition and support from folks who live in the immediate block,blocks of these properties are located in for the record, all of the conditions as recommended by staff are acceptable in each and every one of these cases. And as I may have mentioned to two of you, after the informal broke up, they have no intention of allowing any of these units to be occupied by more than 15 or 20 people for any kind of event. So,I understand why that condition is in there, but I don't want anyone to have and I know you all don't but even the public at large to believe that this applicant is going to allow or expect 50 people to be and some of that at one of these houses .So I understand why they are not complaining about it, but just want to set the record straight. Okay, thank you. Mr. Weiner: Thank you. Ms. Oliver: Thank you. Ms. Sandloop:Madam Chair, we did have one speaker come in,Nancy Parker. She has questions apparently about items 9, 11, 12 and 13. Ms. Oliver: Yes, come on up, Mrs. Parker, 9, 10, 11, and 13. Ms. Sandloop:9, 11, 12 and 13. 1 Ms. Oliver: Okay. Ms. Parker: Madam Chairman,members of the Planning Commission. I appreciate the job y'all are doing back over how many years ago I sat in your same seat and it's that planning soul that made me come down here and have to speak today. I'm not speaking so much against the idea of Short Term Rentals,but I would ask you as a cautionary note,to look at the numbers that are being put in a specific area. Because what happens is this whole Beach area District, as you well know,has gone through some dramatic changes since the 1980s. And there've been some people that came well before May, who took a lot of time and energy including Lynnward Branch, Marian Nixon, Bobby Yates, Barbara Clarke that saw a real transition of this area and the stabilization of this into strong neighborhoods, and even in your comprehensive land use plan as well as the race that plan and the one is undergoing revision right now,which Mr. Inman was saying yesterday,talks about the stability of these neighborhoods. And if you're not careful, the question becomes what becomes the tipping point? What begins to change a neighborhood from having that strong fabric of people who live there on a year round basis,who put their heart and soul who raised their kids there, and then it becomes something else inadvertently,its unintended consequences. The other aspect I wonder is how many people and this is a bigger broader picture for Short Term Rentals. Because we know we have this Something In The Water. How many people have to come and get a conditional use permit for a single use basically for the short term, Something In The Water which is a one week but it puts something very different, puts a different tag on that house and in that neighborhood, and even in the federal government guidelines, if I recall correctly, you can rent your house out for two weeks and still consider it your main home,you don't have to pay any kind of taxes on it. So, again,think long term, think implications,because this is the big starting point, really for our neighborhood, as well as a lot of other neighborhoods that live near resort areas. So again, cautionary flag, think long term, think the impact on this particular area, what are you going to do? And how does that emanate to the rest of the Beach District, as we've worked long and hard to get it to where it is today, and it's a strong, family centric area. Thank you very much for your time. Ms. Oliver: Thank you. Anybody have any questions? Thank you very much. Mr. Weiner: Okay,Madam Chair, I move for approval on the consent agenda items 1,2, 3, 4, 5, 6, 7, 9, 11, 12, 13, 14, 15, 16 and 17. Ms. Oliver: Perfect, do I have a second? Mr. Alcaraz: Second. Ms. Oliver: Yes Ron. 2 Ms. Ripley: Madam Chair, I need to disclose on item two and six, they've listed Town Bank as their lender or potential lender and there's no more I need to disclose that I'm a member of the Town Bank Advisory Board in Chesapeake and I have a letter on file, so it states that Town Bank is not the applicant nor has do I have any interest in any of these applications, Planning Commission recommendations or advisory and final decisions are made by city council so I'm disclosing that I hold that position,but I will be voting. Ms. Oliver: Okay, great. Mr. Redmond:Madam Chair. Ms. Oliver: Yes sir. Mr. Redmond:I will abstain, I will support the whole of the consent package however specifically I will abstain on item number six the application of RAW Enterprises Inc. I have ongoing business relationships with a number of folks who are involved in that project. Ms. Oliver: Great. Yes, Commissioner Inman. Mr. Inman: Likewise, as Mr.Ripley's case,I'm a member of the Advisory Board of Town Bank, Virginia Beach, and for the same reasons that Mr. Ripley stated, I will abstain. I will not abstain,but I'm disclosing my position. Ms. Oliver: Okay, great. Ms. Cartwright: Vote is open. Ms. Sandloop: Okay,by recorded vote of 6-0 with the exception of agenda item number six,which would be 5-0 agenda items 1, 2, 3, 4, 5, 6, 7, 9, 11, 12, 13, 14, 15, 16 and 17 have been approved by consent. Ms. Oliver: Right. Thank you. And I'd like to thank all the applicants who had a matter on the consent agenda today to attending today's hearing. These items are now going to be scheduled for hearing on the city council agenda and is there any other further business? Mr. Tajan : No Madam Chair. Ms. Oliver: Since there is no other further business on behalf of my fellow commissioners, I'd like to thank everyone for attending today and the planning director for his staff and all their hard work in preparing today's agenda. Thank you, meeting is adjourned. 3 AYE 6 NAY 0 ABS 0 ABSENT 5 ALCARAZ AYE BARNES ABSENT GRAHAM ABSENT HORSLEY ABSENT INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT WALL ABSENT WEINER AYE CONDITIONS 1. The approval of this Conditional Use Permit shall expire five(5)years from the date of approval. The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short-Term Rental, where it has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 2. No events with more than fifty(50)people present, shall be held absent a special event 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. 3. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short-Term Rental within thirty(30) minutes. Physical response to the site of the short-term rental is not required. 4. If the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a"through "c"below. This information must be submitted to the Depai tuent of Planning and Community Development for review. Notification shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short-Term Rental registration form; b) Copies of the Commissioner of Revenue's office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one-million dollars. 5. To the extent permitted by state law, each short-term rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 4 6. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 7. 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. 8. A Short-Term Rental shall have no more than two (2)rental contracts during any consecutive seven(7) day period. 9. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 10. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 11. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three(3) individuals per unit(Units 1 & 5). 12. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short-Term Rental. 5 O C ' O ,�maxxLr) rr • r NICJ01.1111-. ...e.,,sa _ ' o� ` ll'. . O0:41 `' O , a ,_, 1y) 0 Ci 1 -�-• ,•a • 11� `+�... r� :rid-: r .. ....., ,-.; . .,;....1 \ I_ ..2t, „as. ... ,* .....,;,,, ii-., i Q ' r,I LtAOy 1 \ e j .f 1'' _ 11 ,fi. 'f•- 0,.~fir W e `�• `4`'A; • ` . "' 40mMeil:L.`1 r:_ , .... • :,0 , O .t.Y., \ 1.- , , - .rA.- • rry .,Vi.w...1tr....--•to-W4'"otie-i.s-.1i.f1I.-.:.-,--1 Vi 00 1'',...,.' ia ,s ` ' � • `pv) • ; Is"! i ,gym,, j, •, M wi 5\ cotciali— o ,.. •11114a1:, ii e.;--3 \ , %„,-:.---417 i s , • to. l , pla'. �.>• l t-i 1 , , .mi V / w......„-;,,o. • ZNIr Tr;<u,._., >>i • ! u ,s / � �. �, l L- : +p+,• ,.k.: r yr ,rI' r si O ` KY' it ai 52.. I * : �t\ ' tamer rr �f ;ftiotO* t� •;v `t Et r• # I At T i IT ; t,� ..tt l•2 J --- .fi r;v[ t •; t•• 1 •'• 1 CC J f �1 y i 1: 1 ,,�\.j-J �__ r Q it,,,, -.,�1i Q p P'. 1. .ems `e�Lill\ . CL I— }din. 4' .' ). .1 to -'"---ra °, , .;,r:�,`1 1 • -wk.' N. CL a i ; 1 1 G .egte • Z�, �i 1 s L. Qcc 1 ii a �t��Ijf`1'+. r t �.. j try QJ /I ..� 1, \t ,r s -t r` t -� 1 O o Q 17.7 fisti \ • .e ..� , In * ' uII V rW A Q f� t ,,,t,,Y�,,,,,,, / CU ..C2 t \\,t\‘l l 114Tooi-k e;11)..41-lk,F<8q-.-'41p 4)7:,:44e)I't-'. I/Ac:"i-,it r1,,P_t:C:ui ,(�rCrri i ��4 . = s �I`4I r t t ' 14V41. -4-r -• Syr\* , 'WI Seri` ' C7❑C�70 :A t c `'�/%I 1 r _7 i• \ir rr y I J �� , • (� JJ� '��iiiray �� •• • ��/i l :;i`��1_�`y L1 1.` ' ,1 0 'w ..ACC �:..�. ' i • 1 r ''' Ale ph, -"!,i1 I•y..+1+*: To members of the Virginia Beach City Council: I am in favor of the following conditional use permits-short term rentals on properties owned by CEBT Properties LLC,C and C Development Company Inc and Chris Ettel located at: 400 27th Street,402 27th Street,317 26th Y Street,320 27th Street,320 26th%/Street,403 25th Street, 2416 Arctic Avenue,617 23rd Street Unit 1,617 23rd Street Unit 5 ,ram, yE. V 772/92 c c. (2 /tea 24) /7//aRr< �ro�Jy✓�!?. _yat - 5 o yH , 4//d' 2`I s'Q C : C O goo ab '/2 51- 6 Eo re9 c e, (ID (PaLef- Prf 308 z6`L 51- QQ J Sz5 � .5- - ickvAIL I. k a.•� `Ib(Dcz.\17c‘A-- 11'45 z3"d 5k clot ar-- zoo a Wi c To members of the Virginia Beach City Council: I am in favor of the following conditional use permits-short term rentals on properties owned by CEBT Properties LLC, C and C Development Company Inc and Chris Ettel located at: 400 27th Street,402 27th Street,317 26th%:Street, 320 27th Street,320 26th%Street,403 25th Street, 2416 Arctic Avenue, 617 23`d Street Unit 1,617 23`d Street Unit 5 Not rhe hci4k55 o gok " 1/4 k -3yc I A . ita t2C Sz/ ��#141 62� a2�,��- sh�e. V� Yct.ck , U� 2311s$II_f�r: 11/19/2019 17:53 FAX 410 526 5655 Lj0001/0001 Fax to: Planning Department, City of Virginia Beach,VA Fax No. 1-757-385-5667 Fax From:Thomas D Morris Fax No: 1-410 526 5655 Date: November 18, 2019 Subject:Public Hearing-Wednesday, November 13, 2019 12 Noon re-scheduled for Dec 5th at 12 Noon Short Term Rental 617 23'd Street, Unit 1 and Unit 5 GPIN 241788794 Beach Council District As owner of 620 23'd Street I wish to object to short term rentals in the neighboring address. This is mostly a single dwelling per lot area with long term rentals and/or ownerships. This will change the complexion of the neighborhood. Sincerely, Thomas D Morris --- , %- \ ---\.„,----\ 1 -----::::-- _, \_,,,,_,..., , _,,,, ‘ , __________.-----t- ... \ \ ----1 --' O. \ \ v \ -- _-------A clif - :\ - -------- \ -- csi.....--- ------' -, 5.-- gr. s \ ,_._ \ it •\ CO . . t • - k' .• (0 1 kk\ — 1 , • 0 al ' \ CO ----- % up ,i ,, ,,,,,, - , _ .,• <7-..,-- _ m .r....„..,---.•• . 4.• _,:::-. - 'T \I 0.1 e ,. ..__ .. , , - ---- .A, , --,,, '1. . _ \ \ \ \ , V-------..---'j ' ) (01) ,, .0.1 \ , k 1 ''', \i' t , __------ .••ti ti; IS N NN- ... co ‘ . , , ‘, - .‘,,..s7i. vc.:%-__-----: , ,...------" 4:1) II-' •...., u) %.'1""- - t . L ':., V k* . 1 1.' ---- 03) 'C it 11':16. C I tiii11,... "7". I _....ii ' -_ -- \ • 14111 ,,5ili,----- -------- 'Ilikil c... .- ..11 _____:-I , , . c--- ______ , , 0 _,..--- \ .... _, .... 0_ ....... 0 c4 ,... a.. 03 1— cpc\I 4., 11,1 0 ..., -\\ , _-- % T: ,--- __,--A ____ ..c. r) - „ 0 7 -,-----Z.---4 --.\_ ...- r.„,,,,...„ ----- \\ (A0 3 , , \, \....-- .. . \ .. ,„ \„__ •• 1 - i--\ ------- ,.,„ ------ \-- — --------- ' \ ). ..,, \_,-----------c , „ _„, • 15 -' ---- CZ c C C 32= . Ono _ i I ..., ror „ FJ �i ;µv 31' CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: CEBT PROPERTIES, LLC [Applicant] VB HOMES DESIGN BUILD, LLC [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 402B 27th Street(GPIN 2428000446). COUNCIL DISTRICT — BEACH MEETING DATE: February 4, 2020 • Background: The 5,520 square-foot parcel located near the oceanfront is zoned A-12 Apartment District (Old Beach Overlay). There are two single-family dwellings on the property; however, this request for a Conditional Use Permit for Short Term Rental use is for only one of those units. The application, as well as the City assessment records, identify the dwelling as a three-bedroom unit. It should be noted that the floor plan submitted to the Planning Department during the site plan review process indicated that there would be a fourth bedroom in the home. One of the bedrooms has since been identified as "media room" rather than a bedroom. Based on these facts, Staff reviewed the application as a three-bedroom dwelling. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this case. • Considerations: The property is located approximately four blocks from the public beach of the Atlantic Ocean. Accordingly, the use of single-family dwellings as Short Term Rentals is expected in the surrounding area. All required parking is provided on the site, two spaces in the driveway and one within a garage. Along with the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals, a condition is recommended that requires the garage remain available for vehicle parking. Also, Condition 5 limits the number of Residential Parking Permit Program (RPPP) parking passes to two residential passes, and further prohibits guest permits and temporary permits through the RPPP. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request; however, there was one speaker at the Planning Commission public hearing who expressed concern about the concentration of Short-Term Rentals, particularly in the Old Beach Overlay District. In addition, a petition of support was received by staff that contains 15 signatures and addresses of citizens within the somewhat immediate area. CEBT Properties, LLC Page 2 of 4 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 6-0, to recommend approval of this request. 1. The following conditions apply to the unit specified in this request. A separate conditional use permit and/or modification, as necessary, must be obtained for any additional units on the site wishing to operate as a short-term rental. 2. Short Term Rental shall only occur in the principal structure addressed as unit 402B 27th Street. 3. The garage space within the unit must remain a minimum size of 9-feet by 18- feet, contain a minimum 8-feet wide vehicle entryway opening, and must be accessible to the short-term rental tenants. 4. As depicted on the floor plan entitled, "402 Unit B 27th Street, VB Homes - Builder," prepared by Residential Designs, LTD., and dated June 5, 2018, the first-floor"media room" shall not be used as a bedroom when the home is being used as a short-term rental. 5. While this conditional use permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 6. This conditional use permit shall expire five (5) years from the date of approval. The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for short-term rental, where it has been the subject of neighborhood complaints, violations of its conditions, or violations of any building, housing, zoning, fire, or other similar codes. 7. No events with more than fifty (50) people present, shall be held absent a special event 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. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term rental within thirty (30) minutes. Physical response to the site of the short-term rental is not required. CEBT Properties, LLC Page 3 of 4 9. If the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a" through "c" below. This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental registration form; b. Copies of the Commissioner of Revenue's office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one- million dollars. 10.To the extent permitted by state law, each short-term rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11 .The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one-million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 12.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13.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. 14.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be nine (9) individuals (three (3) individuals per bedroom). 17.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each short-term rental. CEBT Properties, LLC Page 4 of 4 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department4ri City Manager: / 144 L Applicant: CEBT Properties, LLC Agenda Item Property Owner: VB Homes Design Build, LLC ,� Public Hearing: December 5, 2019 9 City Council Election District: Beach Virginia Beach Request \ ( ' Conditional Use Permit (Short-Term Rental) . 1 t wail -,„ Vali Staff Recommendation �` Approval „tli rl W _ iii Staff Planners Will Miller at *► t ' vr 0 ,- mok,woiNii \ Location 01111 402B 27th Street • _ \..�'M` ,ll . T 111Alri GPIN 00110014.11.000111111111 24280004460001 Site Size �"T� '�""� 5,520 square feet Existing Land Use and Zoning District Single-family dwelling/A-12 Apartment (Old Beach Overlay) .., Surrounding Land Uses and Zoning Districts } North 27t" Street Single-family dwelling/ R-5S Residential (Old Beach Overlay) ' South II a 26th %Street(alley) Single-family dwellings/A-12 Apartment (Old Beach Overlay) East Single-family dwellings/A-12 Apartment (Old Beach Overlay) West Single-family dwelling/ R-5S Residential (Old Beach Overlay) CEBT Properties, LLC Agenda Item 9 Page 1 Background and Summary of Proposal Site Conditions and History • Lot 1B is a 5,520 square-foot parcel located within the A-12 Apartment District (Old Beach Overlay). • A total of two single-family dwellings are located on the lot. Both dwellings are new construction. • On March 21st, 2018, this parcel was part of a Subdivision Variance for lot width to the adjacent lot; 40-feet instead of 50-feet as required (Lot 1A). Summary of Proposal This Conditional Use Permit request is for one of the two single-family dwellings located on the subject site to operate as a short-term rental.The regulations for short-term rental use are identified in Section 241.2 of the Zoning Ordinance. Specific details pertaining to this request are listed below. o Occupancy—A maximum occupancy of three guests per bedroom are permitted on the site after 11:00 p.m. The submitted floor plan shows a three-bedrooms with a "media room."This is inconsistent with the floor plan submitted to the Development Services Center during site plan review, where four bedrooms were depicted; however,the City Assessor's Office identifies this dwelling as having three bedrooms. Consequently, staff used three bedrooms as the multiplier to determine occupancy and parking.The occupancy calculation equates to a maximum of nine overnight guests. o Parkin -One parking space is required for each bedroom.Three parking spaces are needed for this request. ■ The submitted parking plan shows three designated on-site parking spaces, one of which is located in a single-car garage. CEBT Properties, LLC Agenda Item 9 Page 2 3 A-�2 OR R•SS P 'Pf Zoning History �thsue,' A # Request 1 SVR (Lots 1A and 1B created/reduced width for Lot 2 1A) Approved 03/20/18 R-5$ 2 *1 ' 2 NON (Enlargement/Room addition) Approved 08/15/2017 26tht�gus� , 3 NON (Enlargement/Room addition) Approved a>>2 05/16/2017 w 20,Stree Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON— Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation This property is located approximately four blocks from the public beach of the Atlantic Ocean. Accordingly, the use of single-family dwellings as short-term rentals is expected in the surrounding area.The Zoning Administrator has determined that the proposed parking plan, including one space in a single-car garage, is acceptable. All other requirements of Section 241.2 of the Zoning Ordinance for short-term rental use can be reasonably met. Based on the considerations above, staff recommends approval of the application with the conditions contained in the staff report. Recommended Conditions 1. The following conditions apply to the unit specified in this request. A separate conditional use permit and/or modification, as necessary, must be obtained for any additional units on the site wishing to operate as a short-term rental. 2. Short-term rental shall only occur in the principal structure addressed as unit 402B 27th Street. 3. The garage space within the unit must remain a minimum size of 9-feet by 18-feet, contain a minimum 8-feet wide vehicle entryway opening, and must be accessible to the short-term rental tenants. 4. As depicted on the floor plan entitled, "402 Unit B 27th Street,VB Homes- Builder," prepared by Residential Designs, LTD., and dated June 5, 2018, the first-floor "media room" shall not be used as a bedroom when the home is being used as a short-term rental. CEBT Properties, LLC Agenda Item 9 Page 3 5. While this conditional use permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 6. This conditional use permit shall expire five (5)years from the date of approval.The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for short-term rental, where it has been the subject of neighborhood complaints,violations of its conditions, or violations of any building, housing, zoning, fire, or other similar codes. 7. No events with more than fifty (50) people present, shall be held absent a special event 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. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or agent of the owner or operator, who is available to be contacted and to address conditions occurring at the short-term rental within thirty (30) minutes. Physical response to the site of the short-term rental is not required. 9. If the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a" through "c" below.This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short-Term Rental registration form; b) Copies of the Commissioner of Revenue's office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one-million dollars. 10. To the extent permitted by state law, each short-term rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one-million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13. 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. 14. The short-term rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be nine (9) individuals (three (3) individuals per bedroom). 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each short-term rental. CEBT Properties, LLC Agenda Item 9 Page 4 Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, November 17, 2019, and November 24, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 18, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on November 26, 2019. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 19, 2020, and January 26, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 17, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 31, 2020. • A petition of support was received by staff that contains 15 signatures and addresses of citizens within the somewhat immediate area. No letters of opposition have been received by Staff. CEBT Properties, LLC Agenda Item 9 Page 5 Site Layout and Parking Plan sa00- Prime _ 11 ^i Aqn' NOW fT�Yl17 y�. $ ,tip Y n I J.00' Ns` . 1 / rem'--eqn• ti i t A s 1 --ems- -- i LOT18 t. 'I I-- — s;l aK 0 . i -7. . f ,. i. g,, 4 c �I .., j ro..cr' 1� S h 4028 ,,s 8k l• € �_. '+� Garage '' ' 1 space � ,a„c^ Parking / ', �.�{�� )lig n 0,space ti � `1 �r (1 Car) / $s- L m! V 10'x19' °1� Garage n F roes' • *Ui 18' >' Parkingspaces r�.a,• Driveway (2-Cars) k 18' 2 spaces roon• City Sidewalk / {\. 27th Street CEBT Properties, LLC Agenda Item 9 Page 6 • Floor Plan Submitted by Applicant Media Room with Closet it r LL el*',EA Leuze:at ilVij. :11:" 1 . , 0 1:11 iiltii! + 1 q L__01 11:1 o UININ(• y, LK igfiet.-) r ii } I 1 / • II 1 J 1 I _ .0.7• i-E±e-riiti r-- CsiFfo F.I,ra ;4---1-•---•--—a CEBT Properties, LLC Agenda Item 9 Page 7 Floor Plan Submitted to DSC for review "Bedroom" with closet changed to "media room" with STR application. May not be used as a bedroom, per / Condition #4. t- 0,,-„p .s, N •::::: To,• __,,t? co L it'1,141111trfz_' �, '-cam t VIllitnt Pr' I i. e k. , ___ (.1.:Nei:; . _i..-: :-7-7-Th• ji :.\y 11 it ; 1 i Y' _---t- _ v ten : CEBT Properties, LLC Agenda Item 9 Page 8 Site Photos F r ii , a _ .... . ,..,...,_ , .... ,,,,... . . . , I --- - ..... r_. ...„.„__ - . ,„......_____ ..,.i't.' '" 114.-. , • i tI „-r �-.- �/ _ / / �� eilli -titm _ . P ®•? rs-ram �. r OP • CEBT Properties, LLC Agenda Item 9 Page 9 Disclosure Statement N/Y3 APPLICANT'S NAME CEBT Properties, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce tion for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board s _. The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • s SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must to updated two(2)weeks prior to any Page 1 of 7 Mamma Commission and City Council meetirx,that pertains to the application(sl APPLICANT NOTIFIED OF HEARING DATE: V2•S•2.5t4 s tZ-Ilb�/jot- cr.2020 `�- NO CHANGES AS OF DATE: 12..Ue.Zaik / ..VAN I3,2o21, REVISIONSSUBMITTED DATE. NIA / pv�p CEBT Properties, LLC Agenda Item 9 Page 10 Disclosure Statement Virginia Beach CCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ® Check here if the APPLICANT_/S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:CERT Properties,Li.0 If an LLC, list all member's names: Christopher J.Ettei,Manager;Bob Taylor, Member If a CORPORATION,list the the names of all officers,directors, members, trustees, etc.below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary' or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if properly ownerIsla/terort from A,,„licant. Check here if the PROPERTY OWNER IS NOTa corporation,partnership,firm, business,or other unincorporated organization. Zi Check here if the PROPERTY_OWNER IS a corporation,partnership,firm, business,or other unincorporated organization,,4NtQ THEN,complete the following. (A) List the Property Owner's name iv" " .0g5!l n1 134/ <Z.C. If an LLC,list the member's names: C mg.+S E i-rrzG Page 2 of 7 CEBT Properties, LLC Agenda Item 9 Page 11 Disclosure Statement :,\13 Virginia Beach If a Corporation,list the names ofall officers,directors, members,trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) r 'Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of interests Act,Va Code§2.2.3101. 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship,that exists when(1)one business entity has a controlling ownership Interest In the other business entity,(ii)a controlling owner In one entity is also a controlling owner in the other entity,or (III) there is shared management or control between the business entitles. Factors that should be considered In determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities"See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the subject of the application or any business_operating o_r to be operated on.the Property.If the answer to any item is YES, please Identify the firm or individual providing the service: iF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 CEBT Properties, LLC Agenda Item 9 Page 12 Disclosure Statement APPLICANT Virginia Bch YES l NO SERVICE I PROVIDER(use additional sheets if needed) Accounting and/or preparer of WiHiem F.Nagle,CPA your tax return NArchitect/Landscape Architect/ j ram" ( � �act. Land Planner/De5 1ML( i Contract Purchaser(if other than rithe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 131 purchaser of the subject property J\I (identify purchaser(s)and purchaser's service providers) Inl Construction Contractors VB Homes X Engineers/Surveyors/Agents WPL Financing(include current Mike Donovan,Private Lender X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services I R.Edward Bourdon,Jr.,Esq. • Real Estate Brokers/ Lisa Eure ri Agents/Realtors for current and anticipated future sales of the subject property *Ham R.Purkev.Jr.. Eso. • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have z an Interest in the subject land or any proposed development Contingent on the subject public action? if yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 CEBT Properties, LLC Agenda Item 9 Page 13 Disclosure Statement 1VB irYrr.;iTr:. CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. CEBT Propertias;.t Christopher J. Ettel,Manager 13 By: APPLICANTS SIGNATURE PRIM NAME DATE Page 5 of 7 CEBT Properties, LLC Agenda Item 9 Page 14 Disclosure Statement OWNER Virginia Beach YES NO SERVICE i PROVIDER Oise additional shoats if 1 needed) EEI Accounting and/or preparer of ��{{ your tax return W 1t-L1,4n F. f�l(�6/� L°rA LL�I .� Architect/Landscape Architect/ �1 os,dcsrli0 breism , Lid Land Planner/De6:40cr Contract Purchaser(if other than igthe Applicant)-identify purchaser and purchasers service providers Any other pending or proposed t ' ® purchaser of the subject property LJ (identify purchaser(s)and purchaser's service providers) 7 El Construction Contractors V g Al M 6S 7 l Engineers/Surveyors/Agents WPC Financing(include current /..Ljj4 p or vV A/r) 1 mortgage holders and lenders PR t v/--- Ufa!' selected or being considered to provide financing for acquisition or construction of the property) nLegal Services - R• 1++444/0 a Real Estate Brokers/ y yq Ewa El El Agents/Realtors far current and anticipated future sales of the subject property_ it MAt.RY R.pie2Jzs4 Ze..j ES'R t SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have U Fa an interest in the subject land or any proposed development contingent on the subject public action? If yes,what Is the name of the official or employee and what Is the nature of the interest? Page 6 of 7 CEBT Properties, LLC Agenda Item 9 Page 15 • Disclosure Statement \43 Vusittie Beach i.CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is i complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. • _ }idle G44+ /e• if/PI I PROPECTYOI en SIGNATURE PRINT NAME DATE Page 7 of 7 CEBT Properties, LLC Agenda Item 9 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CEBT Properties, LLC Agenda Item 9 Page 17 Y Item#9 CEBT Properties, LLC Conditional Use Permit (Short Term Rental) 402B 27th Street District—Beach December 5, 2019 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Madam Chair, the next items fall under the short term rental consent agenda. The Planning Commission places the following applications for conditional use permit for the short term rental of the consent agenda. As these items meet the applicable requirements of sections 241.2 of the zoning ordinance, Staff and Planning Commission supports the applications and there's no known oppositions to these request for items number 9, 11, 12, 13, 14, 15, 16 and 17. Accept. Ms. Oliver: Welcome, Mr. Bourdon. Mr. Bourdon: Yes,just for the record, I represent all of the applications that Mr. Weiner just read. My clients are here along with a number of other people who live in the vicinity, I have provided the commission's clerk with a copy of petition and support from folks who live in the immediate block,blocks of these properties are located in for the record, all of the conditions as recommended by staff are acceptable in each and every one of these cases. And as I may have mentioned to two of you, after the informal broke up, they have no intention of allowing any of these units to be occupied by more than 15 or 20 people for any kind of event. So, I understand why that condition is in there, but I don't want anyone to have and I know you all don't but even the public at large to believe that this applicant is going to allow or expect 50 people to be and some of that at one of these houses .So I understand why they are not complaining about it, but just want to set the record straight. Okay, thank you. Mr. Weiner: Thank you. Ms. Oliver: Thank you. Ms. Sandloop: Madam Chair, we did have one speaker come in, Nancy Parker. She has questions apparently about items 9, 11, 12 and 13. Ms. Oliver: Yes, come on up, Mrs. Parkef, 9, 10, 11, and 13. Ms. Sandloop: 9, 11, 12 and 13. 1 Ms. Oliver: Okay. Ms. Parker: Madam Chairman,members of the Planning Commission. I appreciate the job y'all are doing back over how many years ago I sat in your same seat and it's that planning soul that made me come down here and have to speak today. I'm not speaking so much against the idea of short term rentals, but I would ask you as a cautionary note,to look at the numbers that are being put in a specific area. Because what happens is this whole Beach area District,as you well know,has gone through some dramatic changes since the 1980s. And there've been some people that came well before me, who took a lot of time and energy including Lynnward Branch, Marian Nixon, Bobby Yates, Barbara Clarke that saw a real transition of this area and the stabilization of this into strong neighborhoods, and even in your comprehensive land use plan as well, and the one that is undergoing revision right now, which Mr. Inman was saying yesterday, talks about the stability of these neighborhoods. And if you're not careful,the question becomes what is the tipping point? What begins to change a neighborhood from having that strong fabric of people who live there on a year round basis,who put their heart and soul who raised their kids there, and then it becomes something else inadvertently, its unintended consequences. The other aspect I wonder is how many people and this is a bigger broader picture for short term rentals. Because we know we have this Something In The Water. How many people have to come and get a conditional use permit for a single use basically for the short term, Something In The Water which is a one week but it puts something very different, puts a different tag on that house and in that neighborhood, and even in the federal government guidelines, if I recall correctly,you can rent your house out for two weeks and still consider it your main home, you don't have to pay any kind of taxes on it. So, again, think long term, think implications, because this is the big starting point, really for our neighborhood, as well as a lot of other neighborhoods that live near resort areas. So again, cautionary flag, think long term, think the impact on this particular area, what are you going to do? And how does that emanate to the rest of the Beach District, as we've worked long and hard to get it to where it is today, and it's a strong, family centric area. Thank you very much for your time. Ms. Oliver: Thank you. Anybody have any questions? Thank you very much. Mr. Weiner: Okay,Madam Chair, I move for approval on the consent agenda items 1, 2, 3, 4, 5, 6, 7, 9, 11, 12, 13, 14, 15, 16 and 17. Ms. Oliver: Perfect, do I have a second? Mr. Alcaraz: Second. Ms. Oliver: Yes Ron. 2 Ms. Ripley: Madam Chair, I need to disclose on item two and six, they've listed Town Bank as their lender or potential lender and there's no more I need to disclose that I'm a member of the Town Bank Advisory Board in Chesapeake and I have a letter on file, so it states that Town Bank is not the applicant nor do I have any interest in any of these applications, Planning Commission recommendations or advisory and final decisions are made by city council so I'm disclosing that I hold that position, but I will be voting. Ms. Oliver: Okay, great. Mr. Redmond: Madam Chair. Ms. Oliver: Yes sir. Mr. Redmond: I will abstain, I will support the whole of the consent package however specifically I will abstain on item number six the application of RAW Enterprises Inc. I have ongoing business relationships with a number of folks who are involved in that project. Ms. Oliver: Great. Yes, Commissioner Inman. Mr. Inman: Likewise, as Mr. Ripley's case,I'm a member of the Advisory Board of Town Bank, Virginia Beach, and for the same reasons that Mr. Ripley stated, I will not abstain. I will not abstain,but I'm disclosing my position. Ms. Oliver: Okay, great. Ms. Cartwright: Vote is open. Ms. Sandloop: Okay,by recorded vote of 6-0 with the exception of agenda item number six,which would be 5-0 agenda items 1, 2, 3, 4, 5, 6, 7, 9, 11, 12, 13, 14, 15, 16 and 17 have been approved by consent. Ms. Oliver: Right. Thank you. And I'd like to thank all the applicants who had a matter on the consent agenda today to attending today's hearing. These items are now going to be scheduled for hearing on the city council agenda and is there any other further business? Mr. Tajan : No Madam Chair. Ms. Oliver: Since there is no other further business on behalf of my fellow commissioners, I'd like to thank everyone for attending today and the planning director for his staff and all their hard work in preparing today's agenda. Thank you, meeting is adjourned. 3 AYE 6 NAY 0 ABS 0 ABSENT 5 ALCARAZ AYE BARNES ABSENT GRAHAM ABSENT HORSLEY ABSENT INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT WALL ABSENT WEINER AYE CONDITIONS 1. The following conditions apply to the unit specified in this request. A separate conditional use permit and/or modification, as necessary, must be obtained for any additional units on the site wishing to operate as a short-term rental. 2. Short-term rental shall only occur in the principal structure addressed as unit 402B 27th Street. 3. The garage space within the unit must remain a minimum size of 9-feet by 18-feet, contain a minimum 8-feet wide vehicle entryway opening, and must be accessible to the short-term rental tenants. 4. As depicted on the floor plan entitled, "402 Unit B 27th Street, VB Homes - Builder," prepared by Residential Designs, LTD., and dated June 5, 2018, the first-floor"media room" shall not be used as a bedroom when the home is being used as a short-term rental. 5. While this conditional use permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 6. This conditional use permit shall expire five(5) years from the date of approval. The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for short-term rental, where it has been the subject of neighborhood complaints, violations of its conditions, or violations of any building, housing, zoning, fire, or other similar codes. 7. No events with more than fifty (50) people present, shall be held absent a special event permit. Events with more than fifty(50)people are limited to no more than three(3) events 4 in a calendar year. No more than one hundred (100) people shall be present at any event held on the property. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or agent of the owner or operator, who is available to be contacted and to address conditions occurring at the short-term rental within thirty(30) minutes. Physical response to the site of the short-term rental is not required. 9. If the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a"through "c"below. This information must be submitted to the Depai fluent of Planning and Community Development for review. Notification shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short-Term Rental registration form; b) Copies of the Commissioner of Revenue's office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one-million dollars. 10. To the extent permitted by state law, each short-term rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one-million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13. 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. 14. The short-term rental shall have no more than two (2)rental contracts during any consecutive seven (7) day period. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be nine (9) individuals (three(3) individuals per bedroom). 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each short-term rental. 5 O C 0 •_ 4_, •_ cN 0 Q Q 0 . 1 .401 fail „tip- '4 • 1 ',. _.---.--1- oil r„f41 rm.. ._____:::: ....-7- k,,,, 1. \..,,is...G) ..011....a.....,. W � lc I 10 c tA__---------(31"Sii:All L. %.... Q mg •. IF . 5�, A �!Y0. L C I �f%e t. t�M1i1,04, ow•.`•'•' sl`-' 'tore � �..5,- 1. s -�„�s • M��i�• wb '1,!'��C` �' _ s ,r �� -ems �e • ., 1 ".. t, 1 t j 1 11 gCC zN r •- ►Y'_1 Sri «l• ; 1101 -`•. t a.,'C' ' �-r O '_C Q 0 co fit 40- NH 0 ► ;:,....-0 ��lik 4 a c�a �•�4.‘ ,,,if ..,-- ,, ,.r'� :`.-t „, i` �1 y ty>.'tr'A`,1, M t, . ..;•: e 'r ',,,-t,,7',,,iii..~ ;,-.- Ar, ....,,,,fie . - A ,.....p. _.s.l.r.,. -1.5, ........- \,.• -.; s. ..i.,t...."0„.1,, 7--,4_,?....:_. ., 0Il c-4 i. Cy 1 � •4s1rr?•- . i `T rI . r1=.' w ='^1cLi;i1 ^t r iw+ ^ l . r, r • L.L U `{I O• 0 e ..17-# ' .4. +;1 'fi b'tiw' ... 't.; •,-,`"; 1 ('1/41^ Q o 0 - 1411:: V.lijr zs Ii. • VGo , 1/1 . ,may •� itr. ;; ft d GIT� i o o{moo \v -Vi :[ost�1 ,r Ott �i 4,� �� .D cc � �l`t' �t1 vrm(n • . �'%s5`�t`i C 3t,s.f.1++!' t WV 1 eII "`e 1 t`ek 1 % T I— 1 , G •,, rS .1 1 ,• 1 y1 ,T/.. CC) %•••• t \ c' , legi- s <1(,2 ' --:,,01.--,F.1%6 \ „Ask:1 ,tie- u a 1\ !rysi.2 ,..d ......0,'NA ‘\ o t t , U.11 ''N\1„ c ) Q a I t aik+��, ,•1;r %it /tow. .ti:4::p.:*,...,)4 1 4. v 1/ / - l' I/• 1 Kez; fv sormr.4 !NV M1 t a . �� , _ <f crl ,,•� = f"• Q r •, hi. 4,,,,,;-�• ,, ram;. _ To members of the Virginia Beach City Council: I am in favor of the following conditional use permits-short term rentals on properties owned by CEBT Properties LLC,C and C Development Company Inc and Chris Ettel located at: 400 27th Street,402 27th Street,317 26th Y%Street,320 27th Street,320 26th Y:Street,403 25th Street, 2416 Arctic Avenue, 617 23rd Street Unit 1,617 23rd Street Unit 5 , /7 y V. 07/9R CT 6 a /tea 4,/6' 2`'�yA vY C� C ; ro oo 6t/25t Ec Rc,c �� y aa. 96rz- 3 jPaL /2 3 O a z 6` 5�- � �� SZS �� S-l✓ A81. & dv v ) 16 Z ;' 51" h cam-- N - $ - 1 z o WIC / To members of the Virginia Beach City Council: I am in favor of the following conditional use permits-short term rentals on properties owned by CEBT Properties LLC,C and C Development Company Inc and Chris Ettel located at: 400 27th Street,402 27th Street,317 26th 1/2 Street, 320 27th Street, 320 26th 1/2 Street,403 25th Street, 2416 Arctic Avenue, 617 23`d Street Unit 1,617 23'd Street Unit 5 No The Act4 165 11 ;0.k -V• Etc.40\ -1(4s1 dA3 . to)C //4 etfie" e 2� 02� �� s�-ffe_c V� cc� , tf 23�s } ['>, k . cD. '..- - --- \. ti 1/ i VI\ --------------- 115 Illi;\ c \-\ ___P-- ' 'T'')'. ,, -- -tea0 n to -- 61'. 0 l cv.. `do. . 44,--------- ,,,,,,, \___-------2--- u_) tut --_ __5 - ---- ,,,A\ ______ ,___ , \ , .,:\ v \ AIGG c- Verne - U V-3. C---- CD +r ` • \i .�� VI' t, 0- �� 'L. - i act -�y m 1 U r# , �Q _____ \___ ram.,._. Ab.c: ''" :::\ es tt) _ y ,.___- -_ �.. N A ��,- - ice_ _ *.____:-.71‘ CT) c► c __= ,.i.r . rev ii a m \....dolik\ \ -- �. 0 a 0 0 _ __ �{`r-.4 0 CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: CEBT PROPERTIES, LLC [Applicant] VB HOMES DESIGN BUILD, LLC [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 400A 27th Street (GPIN 24280004980001). COUNCIL DISTRICT — BEACH MEETING DATE: February 4, 2020 • Background: The 5,520 square-foot parcel located near the oceanfront is zoned A-12 Apartment District (Old Beach Overlay). There are two single-family dwellings on the property; however, this request for a Conditional Use Permit for Short Term Rental use is for only one of the units. The application, as well as the City assessment records, identify this dwelling as a three-bedroom unit. It should be noted that the floor plan submitted to the Planning Department during the site plan review process indicated that there would be fourth bedroom in the home. The additional bedroom has since been modified to be identified as a "media room." Based on these facts, Staff reviewed the application as a three-bedroom dwelling. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this case. • Considerations: The property is located approximately four blocks from the public beach of the Atlantic Ocean. Accordingly, the use of single-family dwellings as Short Term Rentals is expected in the surrounding area. The applicant submitted a parking plan depicting two parking spaces located in the driveway and one parking spaces located on the side of the dwelling. A portion of the proposed parking space at the side of the dwelling is located on the neighboring property to the west. This space would encroach on the neighboring property with 18 square feet of concrete (1- foot x 18-feet). The applicant proposes to record a perpetual easement on the neighboring property for the 18 square foot encroachment. The Zoning Administrator reviewed this plan and deemed it unacceptable, in part, due to the additional concrete within a private drainage easement and a possible negative precedent associated with utilizing neighboring residential property for off-site parking. Upon discussion at the Planning Commission hearing, the Commission felt that the proposed solution was acceptable and recommended approval with an additional condition requiring the recordation of an easement. Along with the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short-Term Rentals, a condition is recommended that limits the number of Residential Parking CEBT Properties, LLC Page 2 of 4 Permit Program (RPPP) parking passes to two residential passes and prohibits guest permits and temporary permits through the RPPP. Additional details pertaining to this application, as well as Staff's evaluation, are provided in the attached Staff report. A petition of support was received by staff that contains 15 signatures and addresses of citizens within the somewhat immediate area. No letters of opposition have been received by Staff. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0 with the conditions as modified below. 1- of Zoning Appeals (BZA) variance for the deficiency of available off-street p.�(� -for the -h Termm Rentail se or providing the appropri to number of hh'' e off-street narking spaces as req aired b y City Zoning Ordin Sa t' 2 2 �... .tea.....a p+u...,,,y vNu vvv uo ,ti�� - - --- --- --- - by fh zoning dministratn_r shn_wing ho_wei parking will be accommodated, incli ding the roe of off site narking spaces a..vv �., v„ vn�NuriTrr��avcr, 1. A perpetual cross access parking easement, as illustrated in the "Site Layout and Parking Plan" section of the staff report, shall be properly recorded after review and approval by the city attorney's office. 2. The following conditions apply to the unit on the property requesting this Short Term Rental conditional use permit. A separate conditional use permit and/or modification, as necessary, must be obtained for any additional units on the site wishing to operate as a Short Term Rental. 3. Short Term Rental shall only occur in the principal structure addressed as unit 400A 27th Street. 4. If additional impervious parking area is added on the property, a site plan shall be submitted to the Development Services Center (DSC) and Zoning Administration of the Planning and Community Development Department for review of the stormwater management and maximum allowable impervious cover. Any improvements related to the stormwater management shall be installed, inspected and deemed acceptable by the Permits and Inspections Division of the Planning Department prior to issuance of a conditional use permit and issuance of a Business License/registration for use as a Short Term Rental. 5. As depicted on the floor plan titled, "400 Unit A 27th Street, VB Homes - Builder,' prepared by Residential Designs, LTD., and dated June 5, 2018, the first-floor "media room" shall not be used as a bedroom when the home is being used as a Short Term Rental. CEBT Properties, LLC Page 3 of 4 6. While this conditional use permit is active, no Residential Parking Permit Program (RPPP) passes shall be issued for the subject dwelling unit. 7. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of the Conditional Use Permit will be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for a Short Term Rental, where it has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 8. No events with more than fifty (50) people present, shall be held absent a special event 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. 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 10.If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a" through "c" below. This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental registration form; b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one-million dollars. 11.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one-million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 13.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- CEBT Properties, LLC Page 4 of 4 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 14.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. 15.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons occupying unit 400A after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be nine (9) individuals (three (3) individuals per bedroom). 18.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department'79' City Manager: L Applicant: CEBT Properties, LLC Agenda Item Property Owner: January VB Homes82020 Design Build, LLC 'NIi Public Hearing: , City Council Election District: Beach 27 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Denial K F • '�\ 5 �.� .,-.' ili \ Staff Planner `-' El WillIS William Miller �' se 111 Kevin Kemp I • � Location 1111. i 400A 27th Street > +`� r �,/ i i lA \ ilikil G P I N 1 �VO�ws 24280004980001 1 t�III Site Size 00 0 5,520 square feet ,, l Existing Land Use and Zoning District Single-family dwellings/A-12 Apartment (Old Beach Overlay) - r Surrounding Land Uses and Zoning Districts = North s 4 27th Street . Single-family dwelling/ R-5S Residential (Old Beach Overlay) South s Ity 26th 1/2 Street (alley) Single-family dwellings/A-12 Apartment (Old Beach Overlay) t = r East Arctic Ave q Single-family dwellings/A-12 Apartment (Old ' o' Beach Overlay) West t Single-family dwelling/ R-5S Residential (Old 0 \ Beach Overlay) CEBT Properties, LLC Agenda Item 27 Page 1 Background and Summary of Proposal Site Conditions and History • Lot 1A is a 5,250 square-foot parcel located within the A-12 Apartment District (Old Beach Overlay). • A total of two single-family dwellings are located on the lot. Both dwellings are new construction. • On March 21, 2018, this parcel was granted a Subdivision Variance by City Council for lot width; 40-feet, instead of 50-feet as required. Summary of Proposal This Conditional Use Permit request is for one of the two single-family dwellings located on the subject site to operate as a Short Term Rental. The regulations for Short Term Rental use are identified in Section 241.2 of the Zoning Ordinance. Specific details pertaining to this application are listed below. • Occupancy- The submitted floor plan shows three bedrooms with a "media room."The "media room" was identified as a fourth bedroom on the plan set submitted to the DSC for review; however,the City Assessor's Office identifies this dwelling as having three bedrooms. Consequently, staff used three bedrooms as the multiplier to determine occupancy and parking. The occupancy calculation equates to a maximum of nine overnight guests. • Parking-One parking space is required for each bedroom.Three parking spaces are needed for this request.The submitted plan is deficient in the number of spaces and shows only two parking spaces provided. See details of proposal below. • Two 9-foot by 18-foot parking spaces are shown in the driveway. • The garage space was not included as a viable parking space. The garage door is approximately 5-feet 9- inches wide. A standard garage door is 8-feet wide for a one car garage. A vehicle could not reasonably access the garage. • The size of the garage is approximately 8-feet by 17-feet, and does not meet the standard size of a parking space (9-feet by 18-feet) as per the Zoning Ordinance. • An additional parking pad measuring 9-feet by 18-feet was proposed on the side of the home. This pad is shown within a private drainage easement and encroaching onto the adjacent property by one-foot. An easement to address this encroachment was also proposed. CEBT Properties, LLC Agenda Item 27 Page 2 A-36 3 A 12 SS Zoning History P-1 9�Sp�t # Request ‘,r, A-12 1 SVR (Lots 1A and 1B created/reduced width for Lot — , 1A) Approved 03/20/18 2 �•' 2 NON (Enlargement/Room addition)Approved R-55 �' 08/15/2017 woos, 3 NON (Enlargement/Room addition)Approved s A-12 05/16/2017 .12 A-12 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The property is located approximately four blocks from the public beach of the Atlantic Ocean where the use of single- family homes as Short Term Rentals is expected. Nevertheless, this proposal does not account for the three off-street parking spaces required.The applicant has attempted to address the parking shortage; however, the proposal submitted for review was not accepted by the Zoning Administrator. Consequently, a Board of Zoning Appeals variance must be granted for the deficiency in parking in order for the unit to operate as a Short Term Rental. All other requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rental use can be reasonably met. Based on the considerations above, Staff recommends denial of this request. If the Planning Commission recommends approval,the following suggested conditions are provided for consideration. Recommended Conditions 1. Appproval of this conditional use permit is contingent upon obtaining a Board of Zoning Appeals (BZA) variance for the deficiency of available off-street parking for the Short Term Rental use, or providing the appropriate number of off-street parking spaces as required by City Zoning Ordinance Section 241.2 and approved by the Zoning Administrator. A parking plan must be approved by the Zoning Administrator showing how parking will be accommodated, including the use of off-site parking spaces. 2. A perpetual cross access parking easement, as illustrated in the "Site Layout and Parking Plan"section of the staff report, shall be properly recorded after review and approval by the city attorney's office. 3. The following conditions apply to the unit on the property requesting this Short Term Rental conditional use permit. A separate conditional use permit and/or modification, as necessary, must be obtained for any additional units on the site wishing to operate as a Short Term Rental. 4. Short Term Rental shall only occur in the principal structure addressed as unit 400A 27th Street. CEBT Properties, LLC Agenda Item 27 Page 3 5. If additional impervious parking area is added on the property, a site plan shall be submitted to the Development Services Center(DSC) and Zoning Administration of the Planning and Community Development Department for review of the stormwater management and maximum allowable impervious cover. Any improvements related to the stormwater management shall be installed, inspected and deemed acceptable by the Permits and Inspections Division of the Planning Department prior to issuance of a conditional use permit and issuance of a Business License/registration for use as a Short Term Rental. 6. As depicted on the floor plan titled, "400 Unit A 27th Street,VB Homes-Builder," prepared by Residential Designs, LTD., and dated June 5, 2018,the first-floor"media room" shall not be used as a bedroom when the home is being used as a Short Term Rental. 7. While this conditional use permit is active, no Residential Parking Permit Program (RPPP) passes shall be issued for the subject dwelling unit. 8. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of the Conditional Use Permit will be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for a Short Term Rental, where it has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 9. No events with more than fifty (50) people present, shall be held absent a special event 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. 10. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 11. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a" through "c" below.This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental registration form; b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one-million dollars. 12. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one-million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. CEBT Properties, LLC Agenda Item 27 Page 4 15. 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. 16. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons occupying unit 400A after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be nine (9) individuals (three (3) individuals per bedroom). 19. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 9, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sunday, December 22, 2019 and Sunday, December 29, 2019 • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 20, 2019 • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on January 2, 2020. City Council • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays,January 19, 2020, and January 26, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 17, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 31, 2020. CEBT Properties, LLC Agenda Item 27 Page 5 • A petition of support was received by staff at the Planning Commission hearing on January 8, 2020.This petition of support contains 15 signatures and addresses of citizens within the somewhat immediate area. No letters of opposition have been received by Staff relating to this request. CEBT Properties, LLC Agenda Item 27 Page 6 Site Layout and Parking Plan 'XIS= I r. I sin i —Ir, Joeya,a ' ' I i V ate. ., u �, gE.ruo' I N ,n A.i2 1 if o03 lio":, I � N. I n Io 'A4 $ 7n" I r' i I f " LOT fA a 1 Drainage easement- �� 5'wide on Lot 1A and 5'wide on Lot 18 I ,.W 16..67 i 11 A, a C ' j Storage area with a 5'-9" d wide entry opening and z,n MX' ` Ji>rr 3 an approximate 8'x 17' floor area yp Proposed 8'x18'concrete ti q•ji parking pad on Lot lA rq! ,hA Proposed 1'x18'concrete a•_.i parking area extended i' 1 onto Lot 18* Vi 1 ,n.or.:' 18' . L Driveway ' 18' '412-spaces 'Joao City Sidewalk 1 27th Street *A perpetial cross access parking easement is proposed for the 1-foot by 18-foot concrete parking area on Lot 1B CEBT Properties, LLC Agenda Item 27 Page 7 Floor Plan Submitted by Applicant Media Room with Closet MEdI LAN V1•Y Masteri. -� it ki Bedroom-#3 ' F_r' edia Room x®' E w� �\ ww L .I_ - —I/ �_.....__._-- i loll► 4'�� I I� INIH4 Bedroom #1 ., 1 0 KI�u+O*' I mi - ,—i if i. GRePFT PGrlt T Q1Be&oom#2 I 1 ' Irsli -- --—] gui016, `� i .I a li i _- ',' �r�r / — sEcoNb PLooR pLhu '4"•+i-a Tips-T FLCO2 FLAN /4'ri-d ml0 UM•l44r- TT rlLCALr n Ake rod CEBT Properties, LLC Agenda Item 27 Page 8 Floor Plan Submitted to DSC "Bedroom" with closet changed to "media room" with STR application. Shall not be used as a bedroom per Condition #5. ,z Master Bedroorri#1' '\ p11 Bedroom #4 'M'' I 4- t. ; j _ I . o i N n `I t r--, Bedroom #2g..-i: ' )� �<< i i D 4. E.ti I( r d- a. s I � _. it q .: Bedroom #3 N w �. JJ' i E\ .,:i i it- , tz A ._ v_ \ S Ir -- 15 lk! l � 2 - • V J ', t. ' Li" _ - ! S.w•d Plow pka• ' ':k14 F1oc." p(a6: CEBT Properties, LLC Agenda Item 27 Page 9 Site Photos Approximately 5-feet 9-inches wide III / -- ; ,.,. r . it- 1 .... ...._ if ----- . ... ...... - . . ... , ...., _ ... f 1 , .., ..,,..;,..,.... . ....., ,,P1,3% ..v. kUrt01 rd.U11011 = eAV71{11 !ALMON = UMW t.11.CN,. t.t..."0:1' ..-,',....... \ r .: .' • ,. — . .. . • • ' - -it ......._ "•101N■iiir..„-......-:_,„--.-- - ---- , I _ .. , ... - , - - - ...,_. . ......,_. - _2t,,,-------' CEBT Properties, LLC Agenda Item 27 Page 10 Disclosure Statement • • V irginiu Beal i APPLICANT'S NAME CEBT Properties,LLC • DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City ` Modification of by City Property Conditions or Proffers Alternative Economic Development INonconforming Use Compliance,Special Investment Program j Changes Exception for gDIP) _ Board of Zoning Encroachment Request Rezoning Appeals ___ Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement _ Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(21 weeks prior to any 1 Page 1 of 7 Planninc;Commission and Cit.Council meeting that pertains to the a;+ licationts). I El APPLICANT NOTIFIED OF HEARING DATE OI,01.2O26 I 4•- CI NO CHANGES AS OF DATE:, OI-13.2020 I a REVISIONS SUBMITTED DATE: •ti?I A • CEBT Properties, LLC Agenda Item 27 Page 11 Disclosure Statement Virginia Reach El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ECheck here if the APPLiCANT_IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name_CEBT Procierties,LLC If an LLC,list all member's names: Christopher J.Ettei, Manager;Bob Taylor, Member If a CORPORATION,list the the names of all officers,directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) See next page for Information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if prvparty owner is a$f ferwK'ram Applicant. El Check here if the RROPERTY OWNER IS NQ.T a corporation,partnership,firm, business,or other unincorporated organization. Check here if the PROPERTY_OWNER IS a corporation,partnership,firm, business,or other unincorporated organization, MD THEN,complete the following. (A) List the Property Owner's name:___3 P o S PES "4c 'e.z4.C C. If an LLC,list the member's names: Ckg•1 F AG Page 2 of 7 CEBT Properties, LLC Agenda Item 27 Page 12 Disclosure Statement • lk/B Virginia Beach If a Corporation, list the names ofali officers,directors,members,trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) i "Parent-subsidiary relationship" means 'a relationship that exists when one corporation d;rectly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation! See State and Local Government Conflict of Interests Act,Va Code§2.2.3101. 2 'Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership Interest In the other business entity,OD a controlling owner In one entity Is also a controlling owner in the other entity,or (lil) there is shared management or control between the business entitles. Factors that should be considered In determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entitles;there are common cr commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the subject of the application or any,business.operating or to be operated on the Propetty. If the answer to any item is YES, please Identify the -firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 CEBT Properties, LLC Agenda Item 27 Page 13 Disclosure Statement 1k1B APPLICANT Virginia Beach YES NO SERVICE 1I PROVIDER(use additional sheets if l __ needed) ® n Accounting and/or preparer of I William F.Nagle,CPA (� I ' your tax return t�J Sr Architect/Landscape Architect/ e yu5,act. Planner/DeS:,*+er Contract Purchaser(if other than ri ® the Applicant)-identify purchaser and purchaser's service providers , r Any other pending or proposed 1-51‹ purchaser of the subject property (identify purchaser(s)and i i purchaser's service providers) ZEl Construction Contractors VB Homes Engineers/Surveyors/Agents WPL Financing(include current Mike Donovan.Private Lender X ri mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X El Legal Services R.Edward Bourdon,Jr.,Esq. * Real Estate Brokers/ Lisa Eure Z n Agents/Realtors for current and anticipated future sales of the subject roe __ __ *Harry R. Puiicev.Jr.,Esq. s SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n m an interest in the subject land or any proposed development i contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 CEBT Properties, LLC Agenda Item 27 Page 14 Disclosure Statement .1k/B Virginia 8; CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information 'provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. CEBT P �g Christopher J. Ettel,Manager sv: r � n��,2 - 913119 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 CEBT Properties, LLC Agenda Item 27 Page 15 Disclosure Statement 143 OWNER Virginia Reath YES NO ( SERVICE (PROVIDER(we additional sheets If • ❑ I Accounting and/or preparer of �1 your tax return _ Wit-WA/1 PI A6 La,a r4 jgArchitect/Landscape Architect/ I ds;do v+i 4" pb 3, L4d. Land Planner/Dva;y.,,+.r Contract Purchaser(If other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ICI purchaser of the subject property LJ L t1 (Identify purchaser(s)and purchaser's service providers) 7 n Construction Contractor V& i}vM 6s O r Engineers/Surveyors/Agents W PL Financing(Include current fj'4 )ar n t/A�r� ® ❑ mortgage holders and lenders Pa i V, g � •x� selected or being considered to provide financing for acquisition or construction of the property) — ® ❑ Legal Services R ,E uv 4at4a:J 7,t Real Estate Brokers-7 rya El4C6. • ❑ Agents/Realtors for current and anticipated future sales of the subject property _ FFARpY R.Fi-r2KS�sse.i CSaz SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action' If yes,what is the name of the official or employee and what Is the nature of the interest? Page 6 of 7 CEBT Properties, LLC Agenda Item 27 Page 16 Disclosure Statement 1613 Virghda Beath CERTIFICATION: 'I certify that all of the Information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. • PROPERTY OWNER'S SIGNATURE PRINT NAME QATf Page 7 cf 7 CEBT Properties, LLC Agenda Item 27 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CEBT Properties, LLC Agenda Item 27 Page 18 Item#27 CEBT Properties,LLC Conditional Use Permit(Short-Term Rental) 400A 27th Street January 8,2020 RECOMMENDED FOR APPROVAL Ms. Sandloop:The vote is open. By recorded vote of 9-0, agenda item number 20 has been approved with conditions as amended. And our last item of business is agenda item number 27. CEBT Properties LLC, an application for conditional use permit short term rentals on property located at 400A 27th Street located in the Beach District. Mr. Bourdon: Madam Chair,members of the Commission for the record Eddie Bourdon,Virginia Beach attorney representing C&C developments. Mr. Chris Ettel is here this afternoon. The last item,I'll try to be brief,try not to hopefully lose anybody. You have petitions, you know, support, 13 signatures. I think it's 11 property owners. So, can we show the plan. We have the plan, there we go the plan. This is an interesting, interesting situation. What we have is a three bedroom, new construction and we have two parking spaces plain and simple and we have a third parking space that we will create which is an extension of the driveway. However, the setback of the dwelling is eight feet from the property rather than nine. My client owns the property next door. My client agrees to put a perpetual easement on the one foot by 18 or 19 feet of the new driveway so that that parking place is legal and in perpetuity forever meets the three parking space requirement. Before I go any further, case 14 on today's agenda, and a case that was on last month's agenda over in Centerville, in both of those cases staff recommended approval of the short term rental based on a parking space one of the required like on the case 14 today where half of the parking space plus or minus,not one ninth,but half is in the public right-of-way. In the public right-of-way. It is off, not likely in our lifetime,but at some point that right-of-way may need to be widened. Our parking space with a perpetual easement, one foot on the adjacent property in perpetuity, that my client owns and place there isn't going to go away because the street gets widened. Yet, that's not deemed to be sufficient. I have a hard time understanding how that line gets drawn. So that's the reason for the recommended denials,because that parking space which is all on private property, which will all be in perpetuity again, all but one foot of it is on this piece of property, is it sufficient where as parking spaces that are in the public right-of-way, they're in the driveway portion of the improve right-of-way, but that right-of-way could go away because it could need to be widened. I have a difficult time understanding the line drawing there. The other suggestion that has been made is well; you can take down the existing 1 wall and move it in a foot. There's a sizable cost to doing so, as one can well imagine. The good news is, if that were to happen,the one foot overhang would be okay under the old beach guidelines, we wouldn't have to go the Board of Zoning Appeals. We're here because we would like the commission, and ultimately City Council, to approve this based on the fact that there will clearly be three parking spaces that won't go away under any circumstance and we don't really understand clearly why this is somehow inferior to parking spaces that are half in the public right-of-way. Again, the improved portion, the only improvement that they're on, is the driveway, but as we all know, our own driveways the first 8, 10, 12 feet is public right-of-way, not our property. So that's why we're here. We believe that this is every bit as reasonable, in my view, more reasonable than allowing the parking to be met by driveway in the public right-of-way. Again, having said that also, you know, appreciate Kevin, Will this is a lot of stuff, a lot of line drawing, no one in all the years that you all had to deal with this issue necessarily has thought about or there hasn't been any, you know, there's got to be dialogue about it. I'm not trying to be overly critical at all. I'm just trying to point out, you know, what the parameters of the issue are, so happy to answer any questions. Mr. Weiner: He owns the house next door? Mr. Bourdon: He owns the property next door, redeveloped the house next, the property next doors with redevelopment of this property. Mr. Weiner: Is that going to be sold or is that going to be used as a short term rental? Mr. Bourdon: Sold,I believe. Sorry short term rental, and I don't mean to cut you off,Mr.Weiner, the one thing I want to make sure everyone understands. Our engineers have absolutely assured us that this will meet all of the impervious surface lot coverage, every zoning requirement, and it was just there's not a situation where this is in any way causing either property to be out of conformance with all regulatory requirements. Sorry. Mr. Weiner: Okay,this question for staff real quick, question for you. Would you explain to me again, if he owns a property next door, and he can't take the driveway a foot over into that property, what's the reasoning? Mr. Tajan: So it's my understanding that because of the zoning classification, offsite parking isn't permitted in a residential district. Again, we're trying, as Mr. Bourdon had noted, we're trying, we're trying our best to find logic as we try to create these and be as consistent as possible as we're trying to figure this out. And that's where it ends up being a use question versus a can the pavement go there. Now, that being said, as Mr. Ettel had noted, and Mr. Bourdon, there is another application for a short term rental going to Council for review and their decision right next door. If 2 it gets approved and wrapped up together offensively,there's potential for it, not to be considered offset, I don't know, we're in an area where we're not really... Mr. Weiner: We got to figure out this parking situation with these houses, real quick, I'm gonna throw this out there I mean you have a front yard, can you take the slab into the front yard and make a part of a driveway right there that would can you do that? Mr. Tajan: Look at the site plan that porch is relatively close to the front property line, Mr. Weiner: Yea, I'm looking at it right here, it seems like you have room, seems like yeah room from the porch to the curb. Mr. Tajan: So it's 18 feet to the inside of that garage. So that would be the minimum standard and because we are in the old beach overlay, there are requirements to be built up closer to the street. Mr. Weiner: Okay. Ms. Oliver: So Mr. Bourdon. If Mr. Ettel built these in order for them to be a short term rental, that's the way I'm understanding it because he's built this one, and it's turned it into a short term rental and you just told us the next one supposed to be a short term rental and the parking is deficient? Mr. Bourdon: These were already; these were all underway when all this stuff came about. It's a long process to get to the point where you're building these,you know, so that they weren't the approvals and all the permitting was before the short term rental regulations or even, you know, when there's all being debated, it's gone on for two, three years. So, the regulations aren't spelled out. In fact, it doesn't mandate the parking; we're interpreting it that way, which I'm not arguing against. So these are brand new regulations. These are not something that's existed in the development process of buying and getting approvals and redeveloping property goes on for years before it ever gets to this stage. The only other alternative would be to get a curb cut off of the opposite street and put a pad behind the unit, that could be done. But again, I don't think the better policy is to encourage more curb cuts. I think we're better off to have the driveway and there are driveways, I would bet that there are probably close to 1,000 driveways in the City of Virginia Beach part of which are on other people's property. It's not unusual at all,you know,not necessarily this way, but people have driveways that are off and over the property line. We deal with them and doing real estate closings all the time. So it isn't something that's, I don't know where the negative, what would be negative about it and it is 8/9s of the driveway on this piece of property. We're talking about a very minor. 3 Ms. Oliver: I think it's our guidelines and what we're using right now according to what short term rental and what's not is parking. It's the only way we're able to take care of it and so when you don't meet the parking, just like the lady before you, figure out another way to go? Mr. Bourdon: The lady before has no parking and we also can get another parking, we can get a fourth parking space,but it's not within 500 feet. Okay, so this is a clearly a parking space that is not in a public right-of-way on this piece of property in a way that meets all zoning requirements. And I get exactly what Tajan is suggesting is we need to figure out does it set a precedent that's problematic,because it's,you know, a ninth of a parking space versus a half versus three quarters versus the whole parking space being on another residential property. I get that, but if you're going to say that 1/9 of a parking space with an easement in perpetuity doesn't meet the whatever intent, but a half of a parking space in the public right-of-way, which is also not on the property owners property. does and that's the part I have a hard time understanding how we're drawing those lines, that's what I'm asking and I'm, it's rhetorical. I'm not expecting you folks to answer that question, but it's something that needs to be given consideration and thought that we're doing things that are logical and make some defensible precedent for lack of a better way to put it. Ms. Oliver: Mr. Redmond. Mr. Redmond:I think I can answer that nonetheless. And that is, we have this process. Ordinance says, got to get a conditional use permit. We're going to look at them each one at a time. You don't have to set a precedent about whether it's one ninth, two ninth, eight ninths, 7.45 ninths. I frankly accept your argument. Now that I've heard,but the truth of the matter is, I mean, I think very frankly, in the end, we're going to regret this process of requiring a conditional use permit, because we're going to have dozens of them every time we come down here. So City Council,nonetheless, that's another story. Nonetheless, it's not setting a precedent, when you have to decide it anew every single time, every single time we're going to have to make a decision. And we're going to have to apply our judgment on each individual case, each individual property, the design of it, its site design, and its architecture, how close the buildings are to one another. It's all in play each time, all over again,we're gonna reinvent the wheel every single time. So I throw that out very frankly,I think what the applicants going to understand out of this and a lot of other people who develop properties for this use are going to understand is, they have to be more be more pression about how they're going to develop these with regard to the topic of parking, I don't know what particular use that little cubbyhole. It's not a garage serves in this building, but, you know, maybe that could have been a garage and this wouldn't have been all that necessary. The all that is it may, it seems to me if this is in fact, a perpetual easement, right, doesn't matter whether it's a short term 4 rental, or it's sold, it runs with the land that's on the seller when he sells it if he chooses to do so. If not, then the only skin that's coming off someone's back is his own. So in any event,I've been going on too long,that doesn't really matter. There can't be a precedent set if we've got to do it again and again and again and again. That's the answer in my view. Mr. Bourdon: Let me answer one thing, the reason that the garage is the way the garage is, is exactly what you all spoke about this morning in the informal, surfboards, you know, the little street legal cart that you can go to the beach that's the reason, that's in a nutshell. It wasn't built for a parking space as a garage. Mr. Redmond:I understand it. Mr. Bourdon: Okay, sorry. Mr. Alcaraz: I've gone back and I appreciate the keen eye you had. I usually catch these things, but I just got to know because I wasn't here in the two year term, you putting this thing together, Mr. Tajan on the off street parking is that what it is called, required one per bedroom? Mr. Tajan: Correct. Mr. Alcaraz: So, did we make a mistake on 14? Mr. Tajan: No, so during the presentations to City Council, and as you know, I was not here as well during those two years. I had a different short term. But my understanding is as it was presented and discussed the city council during that timeframe that particular instance of actual parking where the driveway exists, and some of its in the right-of-way was specifically talked about by city council and direction was provided to address that. Mr. Kemp is that correct? Mr. Kemp: Yeah, it was discussed that there should be flexibility when reviewing these in that case where it hangs over into the right of way, and it's not blocking a sidewalk and there's really no danger where essentially that property is functioning as their property even though it's in the city right of way, you know, that's more than reasonable to use that to accommodate parking. It was the flexibility was the discussion, yes. Mr. Alcaraz: Okay. Thank you. Mr. Bourdon: And like Bobby, I didn't participate in any of this stuff either because I will say, because, but I stayed out of it. And I'm not standing up here trying in any way, shape or form to be argumentative or accusatory or anything. I'm just trying to get people to look at things from different perspectives. I appreciate what you know 5 what Kevin said,I wasn't aware that that was stated,but flexibility, I think is exactly the right term and that's where I think this deserves flexibility. And that's final. Ms. Oliver: Any more questions. All right. We're gonna close the hearing and open it up amongst the commissioners. Mr. Inman. Mr. Inman: I agree with what David said about how we have to approach these things, looking at this particular piece of property, you know, Mr. Ettel as council said, he started developing this property, he didn't have in mind what the ordinance was going to say whether it was going to be an ordinance or not be an ordinance so he didn't come up with, he didn't miss out on the garage thing on purpose or anything like that. It is what it is. There it is. So we are going to work with it and is it going to meet the requirements and the only way it doesn't meet the requirements is one foot of parking, which they have solved by getting as Eddie said, it is important, a perpetual easement recorded that runs with the land,runs with this property forever. So this property is always going to have that nine foot wide space for parking unless somebody, is going to have that. So I think it's a good application. I don't see anything wrong with meeting the requirement by a permanent easement. That's important, a lot of people want to have agreements, we got an agreement, get the signed piece of paperwork that doesn't work, it's got to be a permanent easement in this type of case so that we know it's going to be there in perpetuity. So I'm making a motion to approve it. Ms. Oliver: Hold on one second. Yeah Mr. Weiner. Mr. Weiner: I don't know this, so I'm asking the question. What happens when they go to sell the property, does that easement go with the property? Mr. Inman: It runs with the land. Forever Mr. Weiner: Who actually approves that? Mr. Inman: Approves it? It's part of the property now. Mr. Weiner: The property owner owns both property,so he can approve it to himself basically. Mr. Inman: Exactly. Ms. Wilson: After the city attorney's office approves it because we're not gonna let it go to record until we approve it. Mr. Bourdon: Oh, yeah, it's a declaration of easement that encumbers one piece and with the burden of the one foot that's that this lot has right perpetually to use for parking and it benefits this piece of property and it's forever and we certainly have no problem 6 • with the city attorney office review. That happens in real estate on a fairly common basis. Ms. Oliver: Well,two years. I spent two years doing this. Three. we've spent three, it looks like four coming up and I have to be honest,I'm not real comfortable with this. We kind of tried to set guidelines for where we were and how to keep ourselves in check, but under the circumstances with the easement,but I think that we need to certainly work on this a little bit harder. And in even though each one is new, every time we look at it, it's different. I just don't want to start making exceptions every single time; we've come up to every single thing because now we're just, we just start making things out as we go along and I just don't think that is the right thing to do going forward. Mr. Weiner. Mr. Weiner: Mr. Bourdon can I ask you a question? The next houses that are coming up, are they in compliance? Are we going to be going through this again? Mr. Bourdon: You already approved those, [Crosstalk] this was deferred back in December, you approved the other ones,meet every requirements. Mr. Weiner: Does the client have any more houses being built that are not compliant that are gonna be short term? Mr. Bourdon: No. Mr. Weiner: Okay. I'm going to hold you to that. Ms. Oliver: Because I'm not... I am just trying to understand. No, no. Mr. Bourdon: I am not trying to be, I obviously. I think the key word truly is flexibility. Ms. Oliver: I understand. I am a great flexible person but if we can dig ourselves into. Mr. Bourdon: Just be aware, we have spent. Ms. Oliver: I know, how long we spent. Mr. Bourdon: I also appreciate that we've been working with staff to look at all the alternatives as well. Ms. Oliver: I understand. Mr. Bourdon: We haven't been trying to jam something; if there was any other way to fit in, but we would have to go to the board of zoning appeals and can get a variance to move the wall out and make the garage bigger. Ms. Oliver: It's all good. I have just. 7 Mr. Bourdon: I just didn't want to think we're doing this, you know. Ms. Oliver: I just want to put it on the record. That's all, okay. We have a motion. Mr. Inman: I made one. Ms. Oliver: Okay, we have a second. Mr. Redmond: Second. Mr. Tajan: I would recommend as a stated condition as Mr. Inman had noted that a perpetual cross access easement for the parking space is noted on the site plan shall be recorded after review and approval of the city attorney's office. Mr. Bourdon: Perpetual parking easement, because not cross access, it's just parking. Mr. Wall: It's not just the easement also; it's also just the general construction of the size of that space. So that it would be done by a team. Mr. Tajan: And the proposed plan and is noted showing the correct size. So that's why the references to the plan that was provided, tying it up with the easement. Ms. Sandloop: The vote is open. By recorded vote of 9-0, agenda item number 27 has been approved with conditions as amended. Ms. Oliver: Okay. I believe, is there any other further business that we have today? Mr. Weiner: No maam. Ms. Oliver: If not, on behalf of my fellow commissioners, I'd like to thank everybody for attending today and thank the planning director and his staff for their excellent work and we'll see you next month. We are adjourned. AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE 8 • CONDITIONS 1. Approval of this conditional use permit is contingent upon obtaining a Board of Zoning Appeals (BZA) variance for the deficiency of available off-street parking for the Short Term Rental use, or providing the appropriate number of off-street parking spaces as required by City Zoning Ordinance Section 241.2 and approved by the Zoning Administrator. A parking plan must be approved by the Zoning Administrator showing how parking will be accommodated, including the use of off-site parking spaces. 2. A perpetual cross access parking easement, as illustrated in the "Site Layout and Parking Plan" section of the staff report, shall be properly recorded after review and approval by the city attorney's office. 3. The following conditions apply to the unit on the property requesting this Short Term Rental conditional use permit. A separate conditional use permit and/or modification, as necessary, must be obtained for any additional units on the site wishing to operate as a Short Term Rental. 4. Short Term Rental shall only occur in the principal structure addressed as unit 400A 27th Street. 5. If additional impervious parking area is added on the property, a site plan shall be submitted to the Development Services Center(DSC) and Zoning Administration of the Planning and Community Development Department for review of the stormwater management and maximum allowable impervious cover. Any improvements related to the stormwater management shall be installed, inspected and deemed acceptable by the Permits and Inspections Division of the Planning Department prior to issuance of a conditional use permit and issuance of a Business License/registration for use as a Short Term Rental. 6. As depicted on the floor plan titled, "400 Unit A 27th Street, VB Homes -Builder,"prepared by Residential Designs, LTD., and dated June 5, 2018, the first-floor "media room" shall not be used as a bedroom when the home is being used as a Short Term Rental. 7. While this conditional use permit is active, no Residential Parking Permit Program (RPPP) passes shall be issued for the subject dwelling unit. 8. This Conditional Use Permit shall expire five(5) years from the date of approval. The renewal process of the Conditional Use Permit will be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for a Short Term Rental, where it has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 9. No events with more than fifty(50)people present, shall be held absent a special event permit. Events with more than fifty (50)people are limited to no more than three(3) events 9 in a calendar year. No more than one hundred (100) people shall be present at any event held on the property. 10. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 11. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a"through "c"below. This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six (6)months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental registration form; b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one-million dollars. 12. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one-million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 15. 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. 16. The Short Term Rental shall have no more than two (2)rental contracts during any consecutive seven(7) day period. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons occupying unit 400A after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be nine (9) individuals (three(3) individuals per bedroom). 10 19. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 11 O C 0 •-4-_.) N 0 I"� 0_�I Q ti ----------- • ...-141,....607 - .. ii--,1 - ' ,. 6 \ 011'oh,4' _ ....---- ' 111401.1.-.' ' '---1-1---101110\ .4( 0— 1LLCI— t1 t'A,I4.„,1, • 1 ©tl ----_,, • \,142°5 1'15 1.1 Oi: :-L 1.:I4i1IgI 10— r• * " l etr O111111Sal i 1•T!��• . _� ,.�' .�A,,� _,,. ►,�.1�- Q i 'l !�y`''. ' .• F' III re• Q ttle t `r - a ti e- `,Q 1 .. �, ,ys ID li�•7' T, • ' t hurt ,o13 i,'� tsel 1 T v t- r Q O ,.,:�M ^r7 ,sliriel 10 1 � +ri --� ••<; as..i5' ,qui!l; fIr .r.•- •-4.--1,41,4 �;t.�rl • ii w• l � 1 _� •'- �#} tYi-ire/war + ti p, K t .�, 1 ;r Q t.•` r.� '`.. O1• p t! _,�� 1i,1100 t.--- } a'--11 r..'`s+t.. r""r ; � ��r 1'�•� - ,U,~•- - rr •, * ?.�� 1. �Af* ,i!' -1�"i{• `tt%'�a' '`�� 1 i rG� r r t• it ',Ie*v. 1'�' ;1# ci�r mil` IrM•I°a M Wit. w '�► !}; oa r• . • +� *' to-•' t Irdigr r N ".�YiLSia •��` `I t* �t]I tt'• �to. i• t� a } (n �i 0•,-•''L<(L1;,1•.."L-4.7-,. • a.Lc?itf.:• • •0QrQ / ,:41i...,.tA-,..I•:•,• V ."- .. furl,A 1 ` I,�,.'�,51 W l? .� .a ' 't 4 Ste♦,' ti .1!,1i1t,.,14 • • VA1 4 1 .R ,ar - M t )r 11 .•t t' Sw ti"j c 1 t i • � lL ,1 Q „" r y�J ' J ljlit O C.,*,e. m • a t .>t\ ,.M 1 o J Cr*e) t 1 1 U //C o • 0---tNri a)\\\,, , o \M 1 r11-1„1 L 4 0 , . ,,..., . '4, I g„ iir L i ,,,,,„„. e„„,„ ,...., „, ...., ......„ Lo 0 ,..IL t T.'0 t=i Lc!Skitia,irle;* . iii"...... 44/1.4:7• 'it'.. r.r ih, atj \\\ li'i:Coh •2• t i -t 141 W.'s' . ••••••,,,,f,-t. /' 2 -•;•714.- • 1 (1.2 3cNi „,,4. ,c1 % •So Q C +�%•,Lt1l1 •.Q I Cn • * ',t1 V,.1',•t��" -''► . : �; /A�� 1 •. 1i 10O .• / + u ;n tip:itt °u To members of the Virginia Beach City Council: I am in favor of the following conditional use permits-short term rentals on properties owned by CEBT Properties LLC,C and C Development Company Inc and Chris Ettel located at: 400 27th Street,402 27th Street,317 26th Ya Street, 320 27th Street, 320 26th%Street,403 25th Street, 2416 Arctic Avenue,617 23rd Street Unit 1,617 23`d Street Unit 5 .577 2 V �/9/ /CCe/ C; �� /�a,24.i 3.2 / �' /77/3 .r< .9d/ ' . di'/46' 2`''' i 6 Eo c )6--e -5) y a .9 rz- 31- PeraLt- o g Zokma, e 1.6 k ck,e'so dkrpi 16(0 To members of the Virginia Beach City Council: I am in favor of the following conditional use permits-short term rentals on properties owned by CEBT Properties LLC, C and C Development Company Inc and Chris Ettel located at: 400 27th Street,402 27th Street,317 26th%:Street, 320 27th Street, 320 26th/2 Street,403 25th Street, 2416 Arctic Avenue, 617 23`d Street Unit 1,617 23`d Street Unit 5 rhe Acict 163 pepvt let 1/ Ply‘ck Pis? rA,g irr7, t/14/44- AC .44 . te2 t,)C645Z/ /i4 °t14 54-ree_01- (14- htts- 14 . _�r �-- t \I:7 \\ ______-\-----:\ LL. 0 CO \\\ \ 000 0 00=_5_5_,,0 .__________ .._ _-,--3—,t_\1In4\--1°- i-_-_,-i--WO--- t \ t ,t _ N o fit` e 1 , ctic Av ri e tip Ayaue .0 >+ Ac t cipt ____3- 1----------, . \,0\ E 0 ' ,,NI. c tt t 1 C d c V- -- a< N 1 6,\ \\L- \ \\ \ & ilk \ ._ , ,„,,, \ \ ... \ \ " . ' \\\\\ ; a. , Vill \ \ \, \ ~tity .0 ttIL. ' TO vt"- i'1 \ t ✓1t Ir CC 1 t� tt tt � ti_� t, l � t ,t T r= tl (------) \ \ < 4) t f. I 3 \t t\\ \\ _ 4 ii 01 \\ 2 is _ —— ''� t in Ni n ro iA, t� t � —____-- \ 00 1 s� �y1 r i...4., Ir r......,..,„.*_ ., 4yTl CITY OF VIRGINIA BEACH \. AGENDA ITEM I ITEM: C AND C DEVELOPMENT COMPANY [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 2416 Arctic Avenue (GPIN 2427092770). COUNCIL DISTRICT — BEACH MEETING DATE: February 4, 2020 • Background: This 7,200 square-foot parcel is located at the oceanfront and is zoned A-12 Apartment District (Old Beach Overlay). There is one single-family dwelling on the site and the applicant is requesting a Conditional Use Permit for Short Term Rental use. The application identifies the unit as a three-bedroom dwelling. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this case. • Considerations: This property is located approximately three blocks from the public beach of the Atlantic Ocean, and directly adjacent to the Oceanfront Resort District (OR). Accordingly, the use of single-family dwellings as Short Term Rental is expected in the surrounding area. All required parking is available on site. Condition 1 limits the number of Residential Parking Permit Program (RPPP) parking passes to two residential passes, and further prohibits guest permits and temporary permits through the RPPP. All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request; however, there was one speaker at the Planning Commission public hearing who advised caution about the concentration of Short Term Rentals, particularly in the Old Beach Overlay District at the oceanfront. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 6-0, to recommend approval of this request. City Council unanimously deferred this item at the January 7, 2020 agenda so that it may be considered when the Councilperson for the Beach District is present. 1 . While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program C and C Development Company Page 2 of 3 (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 2. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 3. 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. 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the short term rental within thirty (30) minutes. Physical response to the site of the short term rental is not required. 5. If the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a" through "c" below. This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental registration form; b. Copies of the Commissioner of Revenue's office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. C and C Development Company Page 3 of 3 8. 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. 9. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 10. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 11. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 12. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be nine (9) individuals (three (3) individuals per bedroom). 13. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 14. The required parking must be installed as per the approved drawings within 30 days after the approval of the conditional use permit and shall be constructed of a durable pervious material similar to pervious or grass pavers as approved by the Zoning Administrator. 15. The existing shed located at the rear of the property shall be removed or moved to meet setback requirements. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department? City Manager: / NBApplicant & Property Owner: C and C Development Company, Agenda Item Inc. Public Hearing: December 5, 2019 16 City Council Election District: Beach Virginia Beach Request Conditional Use Permit (Short-Term Rental) Staff Recommendation Approval *III . \ Staff Planner ..� Wopi O� Kevin Hershberger - ��o VoiPim' Location 1101111.111 2416 Arctic Avenue iii,•,-.0 I GPIN ' ilkaa 2427092770 Site Size 7,200 square feet 011.11111001111111111 s►''s,w• 00 Existing Land Use and Zoning District s limpw. \ Single-family dwelling/A-12 Apartment(Old Beach Overlay) Surrounding Land Uses and Zoning Districts North Y . • , Bed and Breakfast/A-12 Apartment (Old Beach • Overlay) O. It- South 4 . ,•. Single-family dwelling/A-12 Apartment(Old ,erg s�,�.� Beach Overlay) t, "" A t `� ?lit- , Arctic Avenue �w v Apartments/OR Oceanfront Resort ,1 1 �� .- West t -- t_ �i Single-family dwelling/A-12 Apartment (Old n , : + �! y Beach Overlay) '' 5 r� ' - 1 1. } ,- , z-- - is'- ; - ie C and C Development Company Agenda Item 16 Page 1 Background and Summary of Proposal Site Conditions and History • The subject parcel is 7,200 sqaure-feet and is located within the A-12 Apartment District (Old Beach Overlay). • One dwelling unit is located on-site. Summary of Proposal This Conditional Use Permit request is for the use of a single-family home to be used as a Short-Term Rental. The regulations for Short-Term Rental use on the property are identified in Section 241.2 of the Zoning Ordinance. Specific details pertaining to this request are listed below. o Occupancy-A maximum occupancy of three guests per bedroom is permitted on the site after 11:00 p.m. The submitted application shows a three bedroom unit; therefore, a maximum of nine overnight guests are permitted. o Parking-One parking space is required for each bedroom.Three parking spacecs are needed for this request.The site currently only has two parking spaces. The applicant proposes to add one parking space to the north side of the residence. With the additional parking space, the proposal meets the minimum required on-site parking. A•12 A-36 ,- 25thguNt 7 1 OR Zoning History � ( # Request j �I `� 1 CUP(Bed & Breakfast)Approved 02/28/2003) RSD° 1r►�`11 �'��5tt••. 2 CRZ(02 Office to Conditional R5-D Residential ( Old Beach 2 Overlay)07/13/2011) R\ T; OR 12 A•12 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance C and C Development Company Agenda Item 16 Page 2 Evaluation and Recommendation This property is located approximately three blocks from the public beach of the Atlantic Ocean, and directly adjacent to the Oceanfront Resort District(OR).Accordingly,the use of single-family dwellings as short-term rentals is expected in the surrounding area.The parking available on site,factoring in the additional space, is acceptable.All other requirements of Section 241.2 of the Zoning Ordinance for Short-Term Rental use can be reasonably met. Based on the considerations above,Staff recommends approval of the application with the conditions contained in the Staff report. Recommended Conditions 1. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only.Guest permits and temporary permits through the RPPP shall not be permitted. 2. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for a Short-Term Rental,where the short-term rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 3. 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. 4. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the short term rental within thirty(30) minutes. Physical response to the site of the short term rental is not required. 5. If the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements"a"through "c" below.This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short-Term Rental registration form; b) Copies of the Commissioner of Revenue's office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one-million dollars. 6. To the extent permitted by state law,each Short-Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. C and C Development Company Agenda Item 16 Page 3 9. A short term rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 10. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 11. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 12. The maximum number of persons on the property after 11:00 p.m.and before 7:00 a.m. ("Overnight Lodgers") shall be nine (9) individuals (three (3) individuals per bedroom). 13. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each short term rental. 14. The required parking must be installed as per the approved drawings within 30 days after the approval of the conditional use permit and shall be constructed of a durable pervious material similar to pervious or grass pavers as approved by the Zoning Administrator. 15. The existing shed located at the rear of the property shall be removed, or moved to meet setback requirements. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, November 17, 2019, and November 24, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 18, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on November 26, 2019. City Council • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, December 22, 2019, and December 29, 2019. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on December 20, 2019. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 3, 2020. C and C Development Company Agenda Item 16 Page 4 Site Layout and Parking ---1 (44. 4404 4 4- e * lj •I 10 I' a.''. ,= .-1,...„ ., , ' /%41...............„ it41-4-141, 41,74w 44,..,,, "WI thfikiktAr %eV I - — Per ALLEY NA of At._mu morstatmav •0t4 _mt sis - - -Atiel .4r ow,,io Ana. MONSVII IRO , l'I' 1\N4 Existing Shed removed \ wet imga, . 114 r mkt sto 4 4440, /444-414-1140 or moved to meet iv setbacks per Condition ,r40444, . #15. 1... I 93j •Ob.- * iiiiii , . § Praia g ''''•/ N .,,.. . *.- 48/•••• AI IWO. ti) VP Mew a 110601 g ';•,,-..ti.*IA , ,4 WIN 4C0Piets WA OWN NW . .„.,,,..- - mars' OA leseMIPIONIM c., ta stioitiorimax - hot Wt. * 4.9 il* *4.4 1** PM 4.447 04 IV wit torwt-suit 1 - . 3 ii,...c t....... .,.— z!. .6....4,_ 1 1 2 *4—."— Parking *Ws• If) we / — —Lai\ Poe' ARC TIC A VENUE , . - ., . A• AO 11•1 / . iliale I.•if PARICMG spatial UMW LOT 0A \\ ) NOMPimisoN st Imo • . to MUM a Oa OD D.Oa,V ONO POWDOOT Mt DOD YDWINIA SIAM DIMUMMIlift CO. to& It itti tie3 201,..w=tit ...... .4.1;4,7;4-7.7....rtar.z.A*4411111•01•II* IrtitGi , .4..,N.'tic 4140mToriall WO ''O41,!' tjAA, nap*14.1/.. A mom*II At.we: . mat._, 1.,..1.44m • pt.* la la•-06A I 1. C and C Development Company Agenda Item 16 Page 5 Site Photos ,a . _ __ • IL � "-" -� ».ti, r tom, • .4 , ;a �- x I _° i -124 P 9I ..-may�^. ` 4 r t C and C Development Company Agenda Item 16 Page 6 Site Photos V :,4 r ,, '•, , Fr y y , r" illial ?I. ..tom +r- ^ `t E{ . { 41011° . I. .''''''*;4:;'\;;.*'1: ' ' . '4''p '' .' .'.:e4-:2:;.-4*-''.. ' ' +' ef+ t_, .=:fit .'' C and C Development Company Agenda Item 16 Page 7 Disclosure Statement VB Virginia Beach APPLICANT'S NAME C and C Development Company, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property I Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use I Compliance,Special Investment Program Changes Exce tion for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit 1 License Agreement Wetlands Board ♦ • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planni sContmisston and City Council meeting that pertains to the appiication(sk APPLICANT NOTIFIED OF HEARING ift# DATE /x///7//7 gr NO CHANGES AS OF /el* DATE: /Z j/7/i REVISIONS SUBMITTED DATE. C and C Development Company Agenda Item 16 Page 8 Disclosure Statement vutnia Beath Check here if the APPLICANT. IS_NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: d C Development Co, Inc. If an LLC,list all member's names: Christopher J. Ettel, President If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes/ and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Aaplikatst. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC,list the member's names: Page 2 of 7 C and C Development Company Agenda Item 16 Page 9 Disclosure Statement Virginia Bew_ir If a Corporation, list the names ofall officers, directors, members, trustees. etc. below: {Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner. (Attach list if necessary) 'Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation' See State and local Government Conflict of Interests Act,Va Code§2.23101 2 'Affiliated business entity relationship' means 'a relationship, other than parent subsidiary relationship, that exists when (I)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (In; there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship.include that the same person or substantially the same person own or manage the two entities,there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles" See State and local Government Conflict of Interests Act. Va Code§ 2 2 3101 • s SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Pror erty. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPFRATELY Page 3 of 7 C and C Development Company Agenda Item 16 Page 10 Disclosure Statement APPLICANT l'rgi:ttaa YES NO SERVICE PROVIDER(use additional sheets If needed) r 1 Accounting and/or preparer of WlNWrtt F.NOS,CPA your tax return EJ l Architect / Landscape Architect / land Planner ❑ i Contract Purchaser (if other than the Applicant) identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ElConstruction Contractors VB Homes.Inc. ❑ Engineers/ Surveyors/Agents INK Financing (include current i1ilteDonovan rr mortgage holders and lenders 11 ❑ selected or being considered to provide financing for acquisition or construction of the property) /�/ ❑ Leval Services R.Edward Bourdon.Jr.,Esq. • Real Estate Brokers/ Lisa Eure ® ❑ Agents/Realtors for current and anticipated future sales of the • subject property t f__. 'Flany R.Ptakey.Jr.,Esq. • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development El �� contingent on the subject public action? If yes,what Is the name of the official or employee and what is the nature of the interest? Page 4 of 7 C and C Development Company Agenda Item 16 Page 11 Disclosure Statement %irg pia tT,.... CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA 'meeting, or meeting of any public body or committee in connection with this Application. C and Coe i company,Inc Christopher J.Ethel,President By: P;z's 9 APf 1C 5SK'+R URE PRINT NAME DATE_, Page 5 of / C and C Development Company Agenda Item 16 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. C and C Development Company Agenda Item 16 Page 13 Item#16 C and C Development Company Conditional Use Permit(Short Term Rental) 2416 Arctic Avenue District—Beach December 5, 2019 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Madam Chair, the next items fall under the short term rental consent agenda. The Planning Commission places the following applications for conditional use permit for the short term rental of the consent agenda. As these items meet the applicable requirements of sections 241.2 of the zoning ordinance, Staff and Planning Commission supports the applications and there's no known oppositions to these request for items number 9, 11, 12, 13, 14, 15, 16 and 17. Accept. Ms. Oliver: Welcome, Mr. Bourdon. Mr. Bourdon: Yes,just for the record, I represent all of the applications that Mr. Weiner just read. My clients are here along with a number of other people who live in the vicinity, I have provided the commission's clerk with a copy of petition and support from folks who live in the immediate block, blocks of these properties are located in for the record, all of the conditions as recommended by staff are acceptable in each and every one of these cases. And as I may have mentioned to two of you, after the informal broke up, they have no intention of allowing any of these units to be occupied by more than 15 or 20 people for any kind of event. So, I understand why that condition is in there, but I don't want anyone to have and I know you all don't but even the public at large to believe that this applicant is going to allow or expect 50 people to be and some of that at one of these houses .So I understand why they are not complaining about it, but just want to set the record straight. Okay, thank you. Mr. Weiner: Thank you. Ms. Oliver: Thank you. Ms. Sandloop:Madam Chair, we did have one speaker come in, Nancy Parker. She has questions apparently about items 9, 11, 12 and 13. Ms. Oliver: Yes, come on up, Mrs. Parker, 9, 10, 11, and 13. Ms. Sandloop:9, 11, 12 and 13. 1 Ms. Oliver: Okay. Ms. Parker: Madam Chairman,members of the Planning Commission. I appreciate the job y'all are doing back over how many years ago I sat in your same seat and it's that planning soul that made me come down here and have to speak today. I'm not speaking so much against the idea of short term rentals, but I would ask you as a cautionary note,to look at the numbers that are being put in a specific area. Because what happens is this whole Beach area District,as you well know,has gone through some dramatic changes since the 1980s. And there've been some people that came well before May, who took a lot of time and energy including Lynnward Branch, Marian Nixon, Bobby Yates, Barbara Clarke that saw a real transition of this area and the stabilization of this into strong neighborhoods, and even in your comprehensive land use plan as well as the race that plan and the one is undergoing revision right now,which Mr. Inman was saying yesterday,talks about the stability of these neighborhoods. And if you're not careful, the question becomes what becomes the tipping point? What begins to change a neighborhood from having that strong fabric of people who live there on a year round basis,who put their heart and soul who raised their kids there, and then it becomes something else inadvertently,its unintended consequences. The other aspect I wonder is how many people and this is a bigger broader picture for Short Term Rentals. Because we know we have this Something In The Water. How many people have to come and get a conditional use permit for a single use basically for the short term, Something In The Water which is a one week but it puts something very different, puts a different tag on that house and in that neighborhood, and even in the federal government guidelines, if I recall correctly, you can rent your house out for two weeks and still consider it your main home,you don't have to pay any kind of taxes on it. So,again,think long term, think implications,because this is the big starting point, really for our neighborhood, as well as a lot of other neighborhoods that live near resort areas. So again, cautionary flag, think long term, think the impact on this particular area, what are you going to do? And how does that emanate to the rest of the Beach District, as we've worked long and hard to get it to where it is today, and it's a strong, family centric area. Thank you very much for your time. Ms. Oliver: Thank you. Anybody have any questions? Thank you very much. Mr. Weiner: Okay,Madam Chair, I move for approval on the consent agenda items 1, 2, 3, 4, 5, 6, 7, 9, 11, 12, 13, 14, 15, 16 and 17. Ms. Oliver: Perfect, do I have a second? Mr. Alcaraz: Second. Ms. Oliver: Yes Ron. 2 Ms. Ripley: Madam Chair, I need to disclose on item two and six, they've listed Town Bank as their lender or potential lender and there's no more I need to disclose that I'm a member of the Town Bank Advisory Board in Chesapeake and I have a letter on file, so it states that Town Bank is not the applicant nor has do I have any interest in any of these applications, Planning Commission recommendations or advisory and final decisions are made by city council so I'm disclosing that I hold that position,but I will be voting. Ms. Oliver: Okay, great. Mr. Redmond:Madam Chair. Ms. Oliver: Yes sir. Mr. Redmond:I will abstain, I will support the whole of the consent package however specifically I will abstain on item number six the application of RAW Enterprises Inc. I have ongoing business relationships with a number of folks who are involved in that project. Ms. Oliver: Great. Yes, Commissioner Inman. Mr. Inman: Likewise,as Mr.Ripley's case,I'm a member of the Advisory Board of Town Bank, Virginia Beach, and for the same reasons that Mr. Ripley stated, I will abstain. I will not abstain,but I'm disclosing my position. Ms. Oliver: Okay, great. Ms. Cartwright: Vote is open. Ms. Sandloop: Okay,by recorded vote of 6-0 with the exception of agenda item number six,which would be 5-0 agenda items 1, 2, 3, 4, 5, 6, 7, 9, 11, 12, 13, 14, 15, 16 and 17 have been approved by consent. Ms. Oliver: Right. Thank you. And I'd like to thank all the applicants who had a matter on the consent agenda today to attending today's hearing. These items are now going to be scheduled for hearing on the city council agenda and is there any other further business? Mr. Tajan : No Madam Chair. Ms. Oliver: Since there is no other further business on behalf of my fellow commissioners, I'd like to thank everyone for attending today and the planning director for his staff and all their hard work in preparing today's agenda. Thank you, meeting is adjourned. 3 AYE 6 NAY 0 ABS 0 ABSENT 5 ALCARAZ AYE BARNES ABSENT GRAHAM ABSENT HORSLEY ABSENT INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT WALL ABSENT WEINER AYE CONDITIONS 1. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 2. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for a Short-Term Rental, where the short-term rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 3. 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. 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the short term rental within thirty (30) minutes. Physical response to the site of the short term rental is not required. 5. If the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a"through "c"below. This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short-Term Rental registration form; b) Copies of the Commissioner of Revenue's office receipt of registration; and 4 c) Proof of liability insurance applicable to the rental activity of at least one-million dollars. 6. To the extent permitted by state law, each Short-Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. 9. A Short Term Rental shall have no more than two (2)rental contracts during any consecutive seven(7) day period. 10. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 11. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 12. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be nine (9) individuals (three(3) individuals per bedroom). 13. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each short term rental. 14. The required parking must be installed as per the approved drawings within 30 days after the approval of the conditional use permit and shall be constructed of a durable pervious material similar to pervious or grass pavers as approved by the Zoning Administrator. 15. The existing shed located at the rear of the property shall be removed, or moved to meet setback requirements. 5 i:i ;; r i 111, U - -------------A Ail!' f4t, or', a L'A _..--- ---..-stril 0 "-- ISI111115'C I— '•:.' 55'. --- ,� ``� ��wt sue. �W CL CC 3.Z ----r - - , ' lalliti*Sii----' - 4" ---''‘11111‘ .r. ,,,:. 0 Q L°ll " ° o Via,1/1 .e` 1 .'I' 2 Lc) r‘ ''. \. .„ ,A.,41-: ,100 ,T:.,?;;;I. . ' ,'..\--5..3' . 0 \ 1.. '4 1 k 11'`‘et--- • '-' 1-1-al SI ' -.4. 10 ttlik W. °r1' «a+ tttttt .'i,. S �,1 '`T' L i-- r•11i .ter eh M .,..ri CD 121 �s,`dal ,`a1�= ` �•1 Q-�1 ..X''011 *'.j.�-' 1-1 V. ° �� 0 l�ar �.. • r . Q -V 1tt to••, ��11 Q0 i-+ Z 1 wit cu in i,•410; • •, . e._ ` .' �1 iiji. `j „ .. i'in i :� . to 1° ;. ��,ti 7' .. • ' Q 1 _1.* -. .,,y' 14.1171.5.1 a�.uv, O. Q ./�• N •'+ 1K *1 . •, �a ,�f 1✓ .''. ♦ , ram` *.011 O. O X i. I COL �-'t. • ram. ,' ,1,: •.04 +'/1ol.Nis �Mf'=11.s 17',4.4\' Q. ILL tore- �O ° •� .�.5. "�y�`�` '�.: 1 �}• �••`.*.{ rat....! ---�_ __ ter, mac:f' l• p • . 1� (n 0 �a = • _.^�1 ` !� u �' fi t f,• o t r!.� k ° U '. WO' 4 Illk ------ li O ^ } 2CM li ' • •� �'1 �° i.-��° ,0'' \ ,�5� �,r•t 1 117.t'Yi.'Ra k 1 •% � z ti .1MkC at Q Q �, S0 1• O W rk 1D /L/J ( -t '� 4 oso �.,A.141;�w1 r';S`IE'�.�41. ‘40. ci_ 2 74-.'4.r77. \c', iii • 41 r 1�. s ° -s. s j + (f) W ° , /w ° a t1 k la V,, �` r1 • o ° ° \1 C!�#'�l , Q 0 in cu" r Q oii e .M oat, cS+ a. 0 Q :1\ " c)1?,„c Q I ©M rpp , As- 2/ +., Q • tQ In t/ • N ca : l? Ill1��' n )' I• .- ice. stlit % _goo f 0. /�� '�O�! #�wit'; *i! ° C _ 1 ‘\\t.---46,..k.fo:: fi:::::712) - in � 1 <rt _ Z _ I Q ‘03,`\,`� 1m =Q n f� __f-)-. //_ a is To members of the Virginia Beach City Council: I am in favor of the following conditional use permits-short term rentals on properties owned by CEBT Properties LLC,C and C Development Company Inc and Chris Ettel located at: 400 27th Street,402 27th Street,317 26th Y:Street, 320 27th Street,320 26th%2 Street,403 25th Street, 2416 Arctic Avenue, 617 23rd Street Unit 1,617 23rd Street Unit 5 2-3/ 7 5127 A--",7yE V / 2/9 e7- /77cm-A -5-2 / 2-4) /iiiaRr< CJ 4-)L2::$0✓G!Z y Q/ - j p rH.)"P 4//d' 2I i C 0 >-�oo 6 'A 5'F� 6 Eo rzgC (``*) y°&- `9 / - PDL r-1- cDP-C)* a A-14 ? 0 a St . e r S Z 7�'�- S`- 100 2. k.c' 5 s d6i) 141(piv hc.4e42.ii cam- ' 4)-- s - Oy zcboa ?W is k, \ t / ; To members of the Virginia Beach City Council: I am in favor of the following conditional use permits-short term rentals on properties owned by CEBT Properties LLC, C and C Development Company Inc and Chris Ettel located at: 400 27th Street,402 27th Street,317 26th 1/2 Street, 320 27th Street,320 26th%2 Street,403 25th Street, 2416 Arctic Avenue, 617 23`d Street Unit 1,617 23rd Street Unit 5 No/V Mclik6-5 4 . c:rear ✓I li -611` 1/4- &. -)\ -3ys I , , rAtt",,( ifG/ It3 _ Lfo2 64 /L' /l4 th;9 y .j /�, ac U4 . 2 s /%��;�. 6 2� 16 Ilk s�ree_14 VA 3 C 1 �,,. - \ VI ‘1, \ \ \\ . \ - OS ...- ,Oh ,, ce 4131) 'gym ii_ itt \\ Q j 1 AG gCl \\ r-- CV % i o �1il 1 ('------ to GV en N -001,0,---1` - __-- lf) _- pt = IE \_______I / % \ ,\\,'-- N�. \ iik \ff.). • >, cts yam—g 1 Q. t \ t \i\C4 ' \ 0 •,\ \ \ •ram'' t _ tl iNi d E N lit .,.._ ,,, ` 1 I\ r m t�\. o tv)g r 13 Tr 0 iiii i tit1‘*.0\, y\CO _ 10. ytii tit V i in SS . i CZ 4 I144 10 ' . 14 V r11 44 E c Q 11 ±± c1 110 \ ''•.t., ‘ ti tit S\ y \ ' --='---::.---------------"----------.t..r.----''-'----" ,\\ \ \ '''' 1\ Tri v..- r C15 v C ,, i a 0 ( , --N Hn -,i 4?5�..�y rl�7 , ,, fv r ''t4%lii CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: C AND C DEVELOPMENT [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 403 25th Street (GPIN 2427091966). COUNCIL DISTRICT— BEACH MEETING DATE: February 4, 2020 • Background: This 6,900 square-foot parcel is located at the oceanfront and is zoned A-12 Apartment District (Old Beach Overlay). There is one single-family dwelling on the site and the request is for a Conditional Use Permit for Short Term Rental use. The application identifies this unit as a four-bedroom dwelling. The maximum occupancy for guests on-site after 11:00 p.m. for a four-bedroom Short Term Rental is twelve. The minimum number of parking spaces required for this use is one per bedroom, or four spaces in this case. • Considerations: This property is located approximately four blocks from the public beach of the Atlantic Ocean. Accordingly, the use of single-family dwellings as Short Term Rental is expected in the surrounding area. The applicant submitted a plan which shows all required parking on site. Condition 1 limits the number of Residential Parking Permit Program (RPPP) parking passes to two residential passes, and further prohibits guest permits and temporary permits through the RPPP. All other requirements of Section 241.2 of the Zoning Ordinance for Short Term rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request; however, there was one speaker at the Planning Commission public hearing who advised caution about the concentration of Short Term Rentals, particularly in the Old Beach Overlay District at the oceanfront. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 6-0, to recommend approval of this request. City Council unanimously deferred this item at the January 7, 2020 agenda so that it may be considered when the Councilperson for the Beach District is present. 1. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program C and C Development Page 2 of 3 (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 2. The approval of this conditional use permit shall expire five (5) years from the date of approval. The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for a Short Term Rental, where it has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 3. 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. 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 5. If the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a" through "c" below. This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental registration form; b. Copies of the Commissioner of Revenue's office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. C and C Development Page 3 of 3 8. 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. 9. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 10. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000.00) underwritten by insurers acceptable to the City. 11 . There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 12. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be twelve (12) individuals (three (3) individuals per bedroom.) 13. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each short term rental. 14. The required parking must be installed as per the approved drawings prior to occupancy and operation as a Short Term Rental. An acceptable site plan shall be submitted to the Development Services Center (DSC) and Zoning Administration of the Planning Department for review of stormwater management and maximum allowable impervious cover review relating to any additional parking area added to the lot beyond what was depicted on the site plan approved in 2017, or any other requirements that arise as a result of the parking space configuration. Any improvements related to the stormwater management shall be installed and inspected and accepted by the Permits & Inspections Division of the Planning Department prior to occupancy as a Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department r--91 City Manager: 71, 4 L.. Applicant & Property Owner: C and C Development Company Agenda Item Public Hearing: December 5, 2019 City Council Election District: Beach17 1/B Virginia Beach Request Conditional Use Permit (Short-Term Rental) Staff Recommendation 60' ill wok Approval . 110r Staff Planner . 4 Vila ,, Kevin Hershberger r„0,,,,„101k Location \ 1 E 403 25th Street •`li.---•='° "° GPIN / t IIPP'11, lik 4 2427091966o „,,.. Site Size 1 111110011 6,900 square feet �� 1111 ____•wo--- \ _ 0111111111111"-- Existing Land Use and Zoning District Single-family dwelling/A-12 Apartment (Old Beach Overlay) Surrounding Land Uses and Zoning Districts , ;e,,, 1 t , v _ } ,,-, „ill. - r North 25th Y2 Street ,. ap.,1 � --''r- '- - Single-family dwellings/A-12 Apartment (Old Of,. r 4irc� r .01 = .. , 1., -f. - 27th Street (alley) ':_ k --° t or-° Single-family dwellings/A 12 Apartment (Old Apt r" -i •A, -f.,;r r l , , Beach Overlay) ' e � ,1;. 1 �'1 R:�: '` East , :• t , s 5 c'`r;- Single-family dwellings/A-12 Apartment (Old s_*-} . «,* ' ,' Beach Overlay) t ,,; it ., ! _-.� West �.,, A, ^; ,c \ Single-family dwellings/A-12 apartments (Old = . ,1 ., o .' • Beach Overlay) C and C Development Company Agenda Item 17 Page 1 Background and Summary of Proposal Site Conditions and History • The subject site is 6,900 square feet and located within the A-12 Apartment District (Old Beach Overlay). • There is a single-family dwelling on the site. Summary of Proposal This Conditional Use Permit request is for one of the two single-family dwellings located on the site to operate as a Short-Term Rental.The regulations for Short-Term Rental use are identified in Section 241.2 of the Zoning Ordinance. Specific details pertaining to this request are listed below. • Occupancy-A maximum occupancy of three guests per bedroom are permitted on the site after 11:00 p.m.The subject home has four bedrooms.The maximum occupancy for the home is 12 overnight guests. • Parking-One parking space is required for each bedroom. Four parking spaces are required for this request.The applicant will install four, on-site parking spaces adjacent to 25th Street to accommodate the required parking. A-12 260 Street .. A-12 A-12 1 `n wool Zoning History is A,24 # Request 1 NON(Replace Existing Single-Family Dwelling)Approved A-12 a i 09/13/2005 A-36 A•12 250 street OR A-12 CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance C and C Development Company Agenda Item 17 Page 2 Evaluation and Recommendation This property is located approximately four blocks from the public beach of the Atlantic Ocean. Accordingly, the use of single-family dwellings as Short-Term Rentals is expected in the surrounding area. Upon approval, the applicant will install the necessary on-site parking. All other requirements of Section 241.2 of the Zoning Ordinance for short-term rental use can be reasonably met. Based on the considerations above, staff recommends approval of the application with the conditions contained in the staff report. Recommended Conditions 1. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 2. The approval of this conditional use permit shall expire five (5) years from the date of approval. The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for a Short-Term Rental, where it has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 3. 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. 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short-Term Rental within thirty(30) minutes. Physical response to the site of the Short-Term Rental is not required. 5. If the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a" through "c" below. This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short-Term Rental registration form; b) Copies of the Commissioner of Revenue's office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one-million dollars. 6. To the extent permitted by state law, each Short-Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. C and C Development Company Agenda Item 17 Page 3 9. A short term rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 10. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 11. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 12. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be twelve (12) individuals (three (3) individuals per bedroom.) 13. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each short term rental. 14. The required parking must be installed as per the approved drawings prior to occupancy and operation as a Short- Term Rental. An acceptable site plan shall be submitted to the Development Services Center(DSC) and Zoning Administration of the Planning Department for review of stormwater management and maximum allowable impervious cover review relating to any additional parking area added to the lot beyond what was depicted on the site plan approved in 2017, or any other requirements that arise as a result of the parking space configuration. Any improvements related to the stormwater management shall be installed and inspected and accepted by the Permits & Inspections Division of the Planning Department prior to occupancy as a Short-Term Rental. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, November 17, 2019, and November 24, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 18, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on November 26, 2019. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, December 22, 2019, and December 29, 2019. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on December 20, 2019. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 3, 2020. C and C Development Company Agenda Item 17 Page 4 Site Layout and Parking jA S 3 a .,.i, a ... , Ce.Av i' a Y% 1. O I vIaoun w ' 77 -a$ -• I 2P1.t ADM dnnl..K 1C'1 _ i f Z'R IA-i z � T—'f— T-• '1 • -n-- 2 ',, 25th 1/22Street ?1F i , -rt; 4. ti"- p ft € g eai R 1 ir. , i$a '1 .IEY} t 115 Y d 4e1 ii_ ti g!Y C�Ei t "4: � I . t o lip IA J i 'Q iwt is-91 4i I I Is 41 4i II % 0.14e1,,411' ` !i /OR - lI ? _ __ . filz, i t �9r4 Yi t ar Ne,i / R------ i \ a: a F i -0 4 n s Ai- 9 I _ S -r4 a i R ��' " 1iii itl 0 ` _I i— f `IUD_ 3 t"t I - i YI L Q- 'f till IM t—1,M4 f .1 a :0 II _ Ir - ..e : .oaaa: _.. r .o - a . c' tit air It 31 - J 25th St - C and C Development Company Agenda Item 17 Page 5 Site Photos _ ,-, _::4,..._ ice- k `k .I _ �. : � , fm . s ,.1 1Esm II -- t 4 a .rrr■ i,- C and C Development Company Agenda Item 17 Page 6 Disclosure Statement 'NB Virginia Bt,,k it APPLICANT'S NAME C and C Development Company, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City i Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals — Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE ,oR CITY USE ONLY/All disclosures must be update. ::. . drams prlo'to any ' Page 1 of 7 PlanninaCornmrssian and City Council meeting that pertains to the application(s) iiii ,t APPH.iC.ANT NOTIFIED OF HEARING z& DATE /2 J/7//71 s NO CHANGES AS OF ,4-,tv rA 1 E /2//7l/'I Q REVISIONS SUBMITTED DATE C and C Development Company Agenda Item 17 Page 7 Disclosure Statement Virginia Beach EiCheck here if the APPLICANT lS NOT a corporation, partnership, firm, business,or other unincorporated organization. ® Check here if the APPLICANT/5 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:C and C Development Co,Inc.__ If an LLC, list all member's names. Christopher J. Ettel, President If a CORPORATION,list the the names of all officers,directors, members, trustees, etc. below (Attach list if necessary) (8) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 on1Y it Property-owner is different from Applicant. Check here if the PROPERTY OWNERIS NOT a corporatior, partnership, firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER t5 a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name. If an LLC, list the member's names: Page 2 of 7 C and C Development Company Agenda Item 17 Page 8 Disclosure Statement \fi3 If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 'Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation' See State and local Government Conflict of Interests Act,Va Code 5 2.2-3101. 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest In the other business entity,(it)a controlling owner in one entity Is also a controlling owner in the other entity,or (iit) there is shared management or control between the business entities. factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets,the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and local Government Conflict of Interests Act, Va.Code 5 2 2 3101 • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the subject of the application or an business operatingorio_be.operi on the Prooerty. If the answer to any item Is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 C and C Development Company Agenda Item 17 Page 9 Disclosure Statement NB APPLICANT v_ L..:. `YES 1 I NO I 1 SERVICE J PROVIDER (use additional meets if dd r needed) F I I #Accounting and/or preparer of !WMIham F Nagle CPA your tax return i ` _J ® 1 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than r ; the Applicant) identify purchaser and purchaser's service providers Any other pending or proposed o `4 1 purchaser of the subject property I A' i(identify purchaser(%)and purchaser's service providers) ��/ a I Construction Contractors VB Homes,Inc. 0 0 Engineers/Surveyors/Agents WPE Financing (include current Pennym.cMeatuses mortgage holders and lenders 12 selected or being considered to provide financing for acquisition or construction of the property) �� 0Legal Services R Edward BCttrdOf..k.,Esq. ' __ Real Estate Brokers/ Frank Minsky ® El i Agents/Realtors for current and (anticipated future sales of the t subject property 'Huey R.Pulley.Jr.,Ems. e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 'Does an official or employee of the City of Virginia Beach have ❑ z an interest in the subject land or any proposed development contingent on the subject public action? If yes.what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 C and C Development Company Agenda Item 17 Page 10 Disclosure Statement CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. C and C Oevefop�Comoany Inc Christopher J Ettel, President :1 APPUCANI S icNa1JRE _PRINT NAME Pdae5 f7 C and C Development Company Agenda Item 17 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. C and C Development Company Agenda Item 17 Page 12 Item#17 C and C Development Company Conditional Use Permit(Short Term Rental) 403 25th Street District—Beach December 5, 2019 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Madam Chair, the next items fall under the short term rental consent agenda. The Planning Commission places the following applications for conditional use permit for the Short Term Rental of the consent agenda. As these items meet the applicable requirements of sections 241.2 of the zoning ordinance, Staff and Planning Commission supports the applications and there's no known oppositions to these request for items number 9, 11, 12, 13, 14, 15, 16 and 17. Accept. Ms. Oliver: Welcome, Mr. Bourdon. Mr. Bourdon: Yes,just for the record, I represent all of the applications that Mr. Weiner just read. My clients are here along with a number of other people who live in the vicinity, I have provided the commission's clerk with a copy of petition and support from folks who live in the immediate block, blocks of these properties are located in for the record, all of the conditions as recommended by staff are acceptable in each and every one of these cases. And as I may have mentioned to two of you, after the informal broke up, they have no intention of allowing any of these units to be occupied by more than 15 or 20 people for any kind of event. So, I understand why that condition is in there, but I don't want anyone to have and I know you all don't but even the public at large to believe that this applicant is going to allow or expect 50 people to be and some of that at one of these houses .So I understand why they are not complaining about it, but just want to set the record straight. Okay, thank you. Mr. Weiner: Thank you. Ms. Oliver: Thank you. Ms. Sandloop:Madam Chair, we did have one speaker come in,Nancy Parker. She has questions apparently about items 9, 11, 12 and 13. Ms. Oliver: Yes, come on up, Mrs. Parker, 9, 10, 11, and 13. Ms. Sandloop:9, 11, 12 and 13. 1 Ms. Oliver: Okay. Ms. Parker: Madam Chairman,members of the Planning Commission. I appreciate the job y'all are doing back over how many years ago I sat in your same seat and it's that planning soul that made me come down here and have to speak today. I'm not speaking so much against the idea of Short Term Rentals,but I would ask you as a cautionary note,to look at the numbers that are being put in a specific area. Because what happens is this whole Beach area District,as you well know,has gone through some dramatic changes since the 1980s. And there've been some people that came well before May, who took a lot of time and energy including Lynnward Branch, Marian Nixon, Bobby Yates, Barbara Clarke that saw a real transition of this area and the stabilization of this into strong neighborhoods, and even in your comprehensive land use plan as well as the race that plan and the one is undergoing revision right now, which Mr. Inman was saying yesterday,talks about the stability of these neighborhoods. And if you're not careful, the question becomes what becomes the tipping point? What begins to change a neighborhood from having that strong fabric of people who live there on a year round basis,who put their heart and soul who raised their kids there, and then it becomes something else inadvertently,its unintended consequences. The other aspect I wonder is how many people and this is a bigger broader picture for Short Term Rentals. Because we know we have this Something In The Water. How many people have to come and get a conditional use permit for a single use basically for the short term, Something In The Water which is a one week but it puts something very different, puts a different tag on that house and in that neighborhood, and even in the federal government guidelines, if I recall correctly, you can rent your house out for two weeks and still consider it your main home,you don't have to pay any kind of taxes on it. So, again, think long term, think implications, because this is the big starting point, really for our neighborhood, as well as a lot of other neighborhoods that live near resort areas. So again, cautionary flag, think long term, think the impact on this particular area, what are you going to do? And how does that emanate to the rest of the Beach District, as we've worked long and hard to get it to where it is today, and it's a strong, family centric area. Thank you very much for your time. Ms. Oliver: Thank you. Anybody have any questions? Thank you very much. Mr. Weiner: Okay,Madam Chair, I move for approval on the consent agenda items 1, 2, 3, 4, 5, 6, 7, 9, 11, 12, 13, 14, 15, 16 and 17. Ms. Oliver: Perfect, do I have a second? Mr. Alcaraz: Second. Ms. Oliver: Yes Ron. 2 Ms. Ripley: Madam Chair, I need to disclose on item two and six, they've listed Town Bank as their lender or potential lender and there's no more I need to disclose that I'm a member of the Town Bank Advisory Board in Chesapeake and I have a letter on file, so it states that Town Bank is not the applicant nor has do I have any interest in any of these applications, Planning Commission recommendations or advisory and final decisions are made by city council so I'm disclosing that I hold that position,but I will be voting. Ms. Oliver: Okay, great. Mr. Redmond:Madam Chair. Ms. Oliver: Yes sir. Mr. Redmond:I will abstain, I will support the whole of the consent package however specifically I will abstain on item number six the application of RAW Enterprises Inc. I have ongoing business relationships with a number of folks who are involved in that project. Ms. Oliver: Great. Yes, Commissioner Inman. Mr. Inman: Likewise, as Mr. Ripley's case,I'm a member of the Advisory Board of Town Bank, Virginia Beach, and for the same reasons that Mr. Ripley stated, I will abstain. I will not abstain,but I'm disclosing my position. Ms. Oliver: Okay, great. Ms. Cartwright: Vote is open. Ms. Sandloop: Okay,by recorded vote of 6-0 with the exception of agenda item number six,which would be 5-0 agenda items 1, 2, 3, 4, 5, 6, 7, 9, 11, 12, 13, 14, 15, 16 and 17 have been approved by consent. Ms. Oliver: Right. Thank you. And I'd like to thank all the applicants who had a matter on the consent agenda today to attending today's hearing. These items are now going to be scheduled for hearing on the city council agenda and is there any other further business? Mr. Tajan : No Madam Chair. Ms. Oliver: Since there is no other further business on behalf of my fellow commissioners, I'd like to thank everyone for attending today and the planning director for his staff and all their hard work in preparing today's agenda. Thank you, meeting is adjourned. 3 AYE 6 NAY 0 ABS 0 ABSENT 5 ALCARAZ AYE BARNES ABSENT GRAHAM ABSENT HORSLEY ABSENT INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT WALL ABSENT WEINER AYE CONDITIONS 1. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 2. The approval of this conditional use permit shall expire five (5) years from the date of approval. The renewal process may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for a Short-Term Rental, where it has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 3. 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. 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short-Term Rental within thirty (30) minutes. Physical response to the site of the Short-Term Rental is not required. 5. If the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a"through "c"below. This information must be submitted to the Depaiinnient of Planning and Community Development for review. Notification shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short-Term Rental registration form; b) Copies of the Commissioner of Revenue's office receipt of registration; and 4 c) Proof of liability insurance applicable to the rental activity of at least one-million dollars. 6. To the extent permitted by state law, each Short-Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. 9. A Short Term Rental shall have no more than two (2)rental contracts during any consecutive seven (7) day period. 10. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 11. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 12. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 13. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each short term rental. 14. The required parking must be installed as per the approved drawings prior to occupancy and operation as a Short-Term Rental. An acceptable site plan shall be submitted to the Development Services Center(DSC) and Zoning Administration of the Planning Department for review of stormwater management and maximum allowable impervious cover review relating to any additional parking area added to the lot beyond what was depicted on the site plan approved in 2017, or any other requirements that arise as a result of the parking space configuration. Any improvements related to the stormwater management shall be installed and inspected and accepted by the Permits & Inspections Division of the Planning Department prior to occupancy as a Short-Term Rental. 5 O v C 0 �--J N O 1 1 Q �f i 0 Li_ w ots ' 141 ` Oil ADC '' - ;;� `'` +f� Tops''E ' • j .001 1R{03, sik.; ‘_, ,t lie.::, _,..,._ 1., t.... 0 lob. Q l!, i .. 441) ,, '`1 , 111.:000,..r.vb,sioorm Ilk Ire s - 101 .,�; sag 2 orn r1.- r-lt„i\\".i\:-,?,‘-• -,,,owttic- ,:.- \,,, --,..‘• . 0 \„00. I. I.- : ..‘-gio.:-.., Z 0041034 Vilfl v1? 'iY, runt `' T%•,' S" :t O sj *clos4 . I '.•'jai 43 '~ y'�►'r •� i rr,,• 1- i wits 44 -'1t �� .. /� `1 `.� <1i,..14Ili-1,. i4 1 ee:. .� a' , 1 . 111,11 err•• rl4.fr,:. .I111�l I r4 '► G VV�øz*4.1%."...1/4"7-( t �;Si`t 1 ', 1 CV (Co/ a° f ° c2 ti �'l'�` V yet, }�;.1. � •-r- flow ..,- el`- 41( J ♦.. \ 1f' i� `C s� 1 f• ,'''.At a;�• •`s i 01 , ^ lJJ `H t f - i; jj ' IC'1 ,1.. 1 *3 M \ U 1 '�� ,t cT'r,*.1\� \ >`0o t . �•.0 1 1 +-� f a) z *.\' i . I aQ " QQ ti t". • O U �,, • "T Tt a 1 11.4141,;\, C, ,.t.r.e.; Q • l / � t. � -• ice• 'ilini, '',11#1, /.1 ', tt \Cr. \ % ..t,• 0 a Ivo. ..,0,4,, .. \12.ii., . Et] ... . - Ai,, •„....4........,- � 7i p 1 I To members of the Virginia Beach City Council: I am in favor of the following conditional use permits-short term rentals on properties owned by CEBT Properties LLC,C and C Development Company Inc and Chris Ettel located at: 400 27t"Street,402 27th Street,317 26th Y Street,320 27th Street, 320 26 1/:Street,403 25th Street, 2416 Arctic Avenue,617 23rd Street Unit 1,617 23rd Street Unit 5 577 ��. e• Lam, ,711 2/�� % Q �1 / Q.? �-5. /71322-pC CJ"�Ll�✓G�Z �3� .y0� . �b yea ir//e5' 14 �vYoC� C : co f t 6 E02lc cv Ate 6z• y°a a'ram fPDL.r÷ Perf‘011- ? 0 8 -2.4"ri'L 5t i24-:uAL 8 1.6. k ck-iNd(- d\no SII3 /& 4100z 3 rrd S f- h C.)cam--- g - �y z( oa =IC , To members of the Virginia Beach City Council: I am in favor of the following conditional use permits-short term rentals on properties owned by CEBT Properties LLC, C and C Development Company Inc and Chris Ettel located at: 400 27th Street,402 27th Street,317 26th%Street, 320 27th Street,320 26th%:Street,403 25th Street, 2416 Arctic Avenue, 617 23`d Street Unit 1,617 23rd Street Unit 5 Nc2re Aci4k65 • ..7.v.atrpftot 11 a-et gfrt1/4 1/4 Eip‘tsk (Pcisl f g:icji104-14-4---ter dica . ,,, (v 64 z/ /14 Otfi 4,04; 4 2 01C Ilk s -ffe_ Ili 2ctcl UA hits \\ Ct.,— - \,_. lv--- 7 , \ -A \ ' _ _JO_ ‘ \ U A& * c il/f L 4S, e, d 4 ‘._ - --- \ \I \ ,, 1A N t - coo to _` j ::. P C, ..----- 1, -V,.. • 4". \ • . ,, , , ....1 '„ \ I x r‘'---'-'--'- '.- .1------"-- : ' -- z,, , ',., -4.-\,,,,› ,.. t w ven'� = a) edits __-- Ir- C \ ,,T\ _...--- , ' ‘ , \\ _ \ \ \\ �. Ce- — X. , \ ,,, ,,‘ •_ _ ' \ J co _ \-'\- sY A '- \ \ \ m cu ..,_ \ '1 y i.% --'1 t\ \.\\---- 1 _ .C. 0 4,0 in th---r\-._- �'t N ___70-0-' to - r = — • ',„:.4..::..„:„.___:„.. --, ‘-- ____ ..,... - ..._ , ___.„ ..._ .. z —Ai. \\ %, - - - \ i' j-Y.. ii ,itu •_,, 1 -' ...a j, N N = a) ter a L 4, , ' I— \- ' ll--_--1--' ---,,,, 1. ,_.., k c 1-5 = �- cu _- CO cis c _ Cl.) au c = �I' --- - I ...--- no ,: I C 40 CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: JOSHUA LIPPOLDT [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 2508 Mediterranean Avenue (GPIN 2417991703). COUNCIL DISTRICT — BEACH MEETING DATE: February 4, 2020 ■ Background: The City Council deferred this application on January 21, 2020, as the applicant was not present at the meeting. The applicant is requesting a Conditional Use Permit for Short Term Rental on this 5,000 square-foot parcel at the oceanfront that is zoned R5-S Residential District (Old Beach Overlay). There is one three- bedroom single-family dwelling on this site. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this case. • Considerations: This property is located approximately five blocks from the public beach of the Atlantic Ocean. Accordingly, the use of single-family dwellings as short term rentals is expected in the surrounding area. All required parking is accommodated on site. As the property is located in the area of the oceanfront where parking is limited, Condition 1 limits the Residential Parking Permit Program (RPPP) parking passes to two residential passes, and further prohibits guest permits and temporary permits through the RPPP. All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. City Council unanimously deferred this item from the January 21, 2020 agenda because the applicant was not present at the meeting. 1. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. Joshua Lippoldt Page 2 of 3 2. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 3. 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. 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the short term rental within thirty (30) minutes. Physical response to the site of the short term rental is not required. 5. If the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a" through "c" below. This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental registration form; b. Copies of the Commissioner of Revenue's office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one-million dollars. 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. Joshua Lippoldt Page 3 of 3 9. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 10. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000.00) underwritten by insurers acceptable to the City. 11. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 12. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be nine (9) individuals (three (3) individuals per bedroom). 13. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 14. The existing shed located at the rear of the property shall be removed, or moved to meet setback requirements. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department T9? City Manager: ( Applicant & Property Owner: Joshua Lippoldt Agenda Item Public Hearing: December 11, 2019 City Council Election District: Beach 18 Virginia Beach Request Conditional Use Permit (Short-Term Rental) s Staff Recommendation Approval 1111.16011 Staff Planner �� Kevin Hershberger � �� Location �� ti 1 ii 2508 Mediterranean Avenue 4r 000% G P I N �,.- 2417991703 Site Size O. 5,083 square feet �� 011110 100 Existing Land Use and Zoning District Single-family dwelling/ R-5S Residential Old Beach Overlay Surrounding Land Uses and Zoning Districts ,. North -{e ^+'' 25th 1/2 Street , Single-family dwellings/ R-5S Residential l ; South k{. kar• , ,,. , 25th Street City School/R-5S Residential East _ Single-family dwellings/ R-5S Residential r >`� West Mediterranean Avenue a Single-family dwellings/ R-5D Residential .,, y, ' . Joshua Lippoldt Agenda Item 18 Page 1 Background and Summary of Proposal Site Conditions and History • The site is 5,083 square feet and is zoned R5-S and Old Beach Overlay. • This is a single-family dwelling that was built in 1978. • There are no past zoning issues. Summary of Proposal • Number of bedrooms in the Short-Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 9 • Number of parking spaces provided (1 space per bedroom required): 3 RED as ( No ZoningHistor J�Gf \\\\��ff y Is, \--IVAL.s if\%\-) ss x 2 -SS � Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation and Recommendation The existing single-family,three-bedroom dwelling was built in 1978. The parking plan has been reviewed and accepted by the Zoning Administration. Proof of liability insurance for$1,000,000 has been provided. No signage has been proposed yet. No letters of opposition or support have been received. Base on the considerations above, Staff recommends approval of this request with the conditions listed below. Joshua Lippoldt Agenda Item 18 Page 2 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 2508 Mediterranean Avenue and the Short-Term Rental use shall only occur in the principal structure. 2. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short- Term Rental where the Short-Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 3. No events with more than fifty (50) people present, shall be held absent a special event 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. 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the short term rental within thirty (30) minutes. Physical response to the site of the short-term rental is not required. 5. If or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short-Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 6. To the extent permitted by state law, each Short-Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. 9. Accessory structures shall not be used or occupied as Short-Term Rental. 10. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short-Term Rental. 11. The Short-Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 13. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. Joshua Lippoldt Agenda Item 18 Page 3 14. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be nine (9) individuals(three (3) individuals per bedroom.) 15. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short-Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on November 8, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, November 24, 2019, and December 1, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 25, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on December 5, 2019. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 5, 2020, and January 12, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 6, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 17,2020. Enter number of letters here Joshua Lippoldt Agenda Item 18 Page 4 Site & Parking Layout ...ow. (.1,11C%0 iti.+CtL) _____J __ Side Ccp. .,, . •ipfx...,--41.4 2.0'. FiPar lealob .1414% f) HaJg111 . IRA" Vv1.‘qc 3 Ft. Pla4-1_ Cei;A ----XMit :c - --.-- _ _.....__ Liza: sitn....r.• __Lairg>4. . mein _94 14,,Cir‘ b Liin- n -it*CONCRSTE SLCCK 3 xo ..: IS RETAINING WALL N Or A -12 poi i 15.w .. wAti aor.,e, it A / .....4___61L. . 2014 AC -kk ON Lea LI.. _ Wal.41511/41:---CL:,„-., L,r WOODEN ZONE x(uNsHADEDI ,, -.. 7-7 12.1' /12 f I.- SEG 4,8* ..L. 2 b -,4k, CZ inc-ii 4, b4.n r 06 ..._ c. ..-, .,_QO ,.... ..r 12) 0 DECK HVAC IN C. s Z Lciii eX ' ciPpit.4.Lt ail OA Rai) , •. .4., • . 2.-. g 0 1.." 'Y 6itii tar z i ? ..-..:) 1.13 a , , z W Hu, ›- ec g ct a. U..I Single family , i, .....4 < ..... , , 4 . .....1 , I E.0 w . 4 ' < I— P. dwelling ., --OW ENC C\I ..) 2 in L— •-1 . ti- 1 , / I c2,4 'A , .fr Parking POBERPOLE • 71.43" g> I . v.,OVERHEAD rim ..i., 141_ •-••••••••out ' /---.. .1. Z/ S 07°-15'E . ow Poi PIN NOTES i‘A EDI T_ Ei* Ark ili' AI ' ).AVENUE ;1 I :or'.......... _ i aortce .irrolterl i.PROPERTY APPEARS TO FALL WITHIN ZONE X 4: aftAneDivam OF 0.2%ANNUAL CHANCE nom; Yard ' I ,x .____, ....,....._ ily-... ..... AREAS OF I%ANTRAL CHANCE FL000 VAlli AVERAGE --..........—. __ DEPTHS OF LESS THAN I FOOT OA WITH°RAMAGE i?()._AREAS LESS THAN 1 SQUARE NILE;AND AREAS PROTSCIED BY LEVEES FROM 1%ANMAL CHANCE , __ ___ ..3.1it ei.or.- F10001 ANO ZONE X'UNSHADED)(AREA DETERMINED f4 r TO BE OUTSIDE 02%ANNUAL CHANCE FLOODPLAIN). - ratio-sew ' --------- __ Joshua Lippoldt Agenda Item 18 Page 5 Site Photos -„N.. ,, ..., w. • _3„4114-,IFilite •••-' • ''. ! •:‘ ..),..-,,,,* i , . ----,04.:,.i.---- .-. .-.•• . ,,,.' ?..,,-, ;„v, .,A-L,,)yr., ot._,7.3.,,•••; ., • ..ts„. 1 4 .,....,..i,,:tti:--7.,*--z.,... ,-.t....•4`.. ''''.1-,;2.z.v,, , ,.,.." -'IV',P.,1. 4 ift,'*:.,, , ;-, oi,„ • . ----,--, •. ‘,...- ,-.-. - ._., 4;.:,1/4 „,,, w„.'....4/ _.--, .:,,,` , -.' -•-•'", .„-.),- •:411:-,....-ge 9-). '' :-..e. 1, ,' -•,,,,, .„,, ,.v 5 : .r4,,,,-.- ' • " ..- ; 1,- , , -4, - !-.• ..f,i F• .-,„ ..... ..• ..L.„,41354o.d.Wis'',, n."7",,,,,,,, ,..............,_ ......'. , 1-1. t ..,_..., iki, ........„... i __i 1 .........._._,,,4 -- _ j - ---.*--A V-- 11 v - , _ ....,-........r•-• ,,,...„..---- ""-_',..,,, ..1- - - .. .. - ....., --, . . .. .. .„_ - . _ . .._ , ...,. • t, ...-: •:" *.t,..,, • ,.•,,,,,• „..,41,,,,s,e ;,t,,,,, z.,% i ..„„,,,,„, , .-'?'. , ;1/4-4.',;:11).0.4\i d -*.4. -• ° '' • ° - 4.t\-f.4- ; '''t P' 4* .- ..4%,,- , • ,-- --1. ,... •.- -, , ,.-441*:-:7 ' - : .• . ••• :-.•••.;e_"4.4*.,' • ", . :, , ': ... --,,-.1,041k,'..,- • ' .. '', , ..zt ',.1k 4krolti,!•'.. .(.,* 'Ioi--',--- •- , -, '''or. ...IA', i... • ' ,gt, - , , f ,, , • ' dioalir I,k-' '"•• ' . ..... .- ,..._ . ,°:.!.• ,. , ..... . , ,,,.... -, 41 :' -rio. • .."''' , - I. •..,.1 ..1._ 1 .. ,. 1 [-] ...._ .. _ .. . , - - -44..........4.-- • -, .. _ ..............-„,„_„.....,„,‘„,_ • Joshua Lippoldt Agenda Item 18 Page 6 Disclosure Statement a.d Virginia Beach APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City _ Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning _Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • ♦ The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any , Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). r APPUCANT NOTIFIED OF HEARING DATE: /,jlj / 46 NO CHANGES AS OF DATE: /L`/)/I' REVISIONS SUBMITTED DATE: Joshua Lippoldt Agenda Item 18 Page 7 Disclosure Statement cavt,\B Virginia Beach _ Check here if the APPLICANT_ISNOT a corporation, partnership, firm, business,or other unincorporated organization. litCheck here if the APPLICANT_/S a corporation, partnership, firm, business, or other unincorporated organization. 1V.l'. '�c� (A) List the Applicant's name:_ i ___Ilsilet ^ _ If an LLC, list all member's names: 4051vJA. L;fpo\dk} 69.n;t 11t L;(e0 ok ' If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 I SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. I (1 Check here if the PROPERTY OWNER/S a corporation, partnership,firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: . Q __+4r'l0-- LC-- If an LLC, list the member's names: 36sviu„ L Qeo%M b.rt,t11r 1.;P,pil04 Page 2 of 7 Joshua Lippoldt Agenda Item 18 Page 8 Disclosure Statement X!B Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be Aerated on the Property. If the answer to any item is YES, please identify the firm or Individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Joshua Lippoldt Agenda Item 18 Page 9 Disclosure Statement APPLICANT Vuginia Beach YES NO I SERVICE PROVIDER(tise addldeatai sheets if El RI ' Accounting and/or preparer of �' your tax return Architect/Landscape Architect/ Land Planner ❑ © Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 0 . purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ITElConstruction Contractors EL.j Engineers/Surveyors/Agents Financing(include current n [h] mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nn Legal Services Real Estate Brokers/ I ] Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development n' contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Joshua Lippoldt Agenda Item 18 Page 10 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. j I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information i provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this 'Application. Shy. 1.40,ILI4. Dig Ak 5 SIGNATUR 1 PRINT NAME DATE Page 5 of 7 Joshua Lippoldt Agenda Item 18 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Joshua Lippoldt Agenda Item 18 Page 12 Item#18 Joshua Lippoldt Conditional Use Permit(Short-Term Rental) 2508 Mediterranean Avenue District—Beach December 11,2019 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, sir. Madam Chair, the next item on the consent agenda fallen to the Short Term Rental. The Planning Commission places the following applications for the Conditional Use Permit for Short Term Rental on the consent agenda as these applications meet the ethical requirements for section 241.2 of the zoning ordinance. Planning Commission and staff supports the application and there is no known opposition to the request for items 15, 16, 17 and 18. With that being said, I move for approval on a consent agenda items one, two, three, five, six, seven, eight, 15, 16, 17 and 18. Ms. Oliver: Right. Second. Mr. Ripley: I need to disclose, if you don't mind. I need to disclose there, a couple of applications in here, I think specifically Five, I think the last application which is not a subject of this motion,but I'm going to read it more in any way when it comes up. I want to disclose that I am a member of the TowneBank Advisory Board, the city of Chesapeake and I have a letter on file with the clerk so stating and the TowneBank is not the applicant here. And I have no interest in this application. And the Planning Commission's recommendations are strictly advisory; City Council makes the final decision. So I want to disclose that I will be voting on it today. Mr. Inman: I as well need to disclose that I'm on the TowneBank Leadership Alliance, and I will be voting on it as well. I have no financial interests. Mr. Graham: Likewise, I serve on the TowneBank of Virginia Beach Advisory Board adopted all the comments made by Mr. Ripley, I have no interest in the application and TowneBank is merely a potential financier of this application and we only recommend, so I will also be voting. Ms. Oliver: Do we have the second consent agenda? Mr. Redmond: Second. 1 Ms. Sandloop: The vote is open. By recorded vote of 9-0, agenda items one, two, three, five, six, seven, eight, fifteen, sixteen, seventeen and eighteen have been approved by consent. Ms. Oliver: Thank you. And I would like to thank all the applicants that have come down today that had a matter on the consent agenda for today's hearing, and these items will be scheduled for hearing on the City Council's agenda, and I thank you for your attendance today. So in an effort to be a bit more efficient today, I'm going to request that we reorder the agenda to be heard in this order, items number nine,ten, eleven, fourteen, nineteen, twenty, twenty one, twelve and thirteen, Mr. Tajan. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES ABSENT GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT WALL AYE WEINER AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 2508 Mediterranean Avenue and the Short-Term Rental use shall only occur in the principal structure. 2. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short-Term Rental where the Short-Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 3. No events with more than fifty(50)people present, shall be held absent a special event 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. 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be 2 contacted and to address conditions occurring at the short term rental within thirty (30)minutes. Physical response to the site of the short-term rental is not required. 5. If or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short-Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 6. To the extent permitted by state law, each Short-Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31- 28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. 9. Accessory structures shall not be used or occupied as Short-Term Rental. 10. No signage shall be on-site, except one(1), four(4) square foot sign, may be posted on the building which identifies the Short-Term Rental. 11. The Short-Term Rental shall have no more than two (2)rental contracts during any consecutive seven(7) day period. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00)underwritten by insurers acceptable to the City. 13. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 14. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 3 15. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short-Term Rental. 4 d i . %`y fir- \\"„y----1,,,,,\) ,...---- _,...\-: to c p ti a ,.- ram, l�4._ _ �' O / _~- t 4 06, { j , I - 1 0� to V f J t f,,. f 7 , ..k ' 11 TCIaCi IPP co 7/ _ 7 / - _7 \ so 1— I' I '_'4 f t 0 -... i , --Th ;II C • i Q N 423 a IV it ti 0. m g g R fn N d 5 I , 1 €12) CITY OF VIRGINIA BEACH AGENDA ITEM // ITEM: ARMANDO & PATRICIA ELLIS [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 901 Park Landing Court (GPIN 1475528133). COUNCIL DISTRICT — CENTERVILLE MEETING DATE: February 4, 2020 • Background: The City Council deferred this application on January 21, 2020, as the applicant was not present at the meeting. The applicant is requesting a Conditional Use Permit for a Short Term Rental use on this 6,322 square-foot parcel zoned PD-H2 Planned Development. There is one four-bedroom, single-family dwelling on the site. The maximum occupancy for guests on-site after 11:00 p.m. for a four- bedroom Short Term Rental is twelve. The minimum number of parking spaces required for this use is one per bedroom, or four spaces in this case. • Considerations: This property is located in a single-family residential neighborhood. All required parking is accommodated on site, with the exception of one space partially encroaching into the right-of-way. As this encroachment will not block pedestrian or vehicular traffic, the Zoning Administrator reviewed this parking plan and determined it is acceptable. All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. City Council deferred this application from the January 21, 2020 agenda because the applicant was not present. 1. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any conditional use permit for a Short Term Rental, where the short-term rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. Armando & Patricia Ellis Page 2 of 3 2. 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. 3. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the short term rental within thirty (30) minutes. Physical response to the site of the short term rental is not required. 4. If the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a" through "c" below. This information must be submitted to the Department of Planning and Community Development for review. Notification shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental registration form; b. Copies of the Commissioner of Revenue's office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one-million dollars. 5. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 6. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 7. 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. 8. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 9. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000.00) underwritten by insurers acceptable to the City. Armando & Patricia Ellis Page 3 of 3 10. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 11. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be twelve (12) individuals (three (3) individuals per bedroom). • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department F97/ City Manager `a_-_ Applicants and Property Owners: Armando & Patricia Ellis Agenda Item Public Hearing: December 11, 2019 City Council Election District: Centerville 16 Virginia Beach Request Conditional Use Permit (Short-Term Rental) Staff Recommendation ---` ''' Approval •1 Staff Planner , Kevin Hershberger - i 40 Location 901 Park Landing Court L ) --1 GPIN V 1475528133 Site Size ,�Jf 6,322 square feet Existing Land Use and Zoning District , Single-family dwelling/ PD-H2 Planned Unit Development (R-10) Surrounding Land Uses and Zoning Districts North r • ,« Belspring Drive - - ' � ' Single-family dwellings/ PD-H2 Planned Unit f t ; -.t . '- Development (R-10) ti" F South t f � ' #n \ a_ Single-family dwellings/ PD-H2 Planned Unit ,, Development (R-10) itr ;. ` ` ', a East ' ,< ` ,4 Single-family dwellings/ PD-H2 Planned Unit iiii.44 i Development (R-10) k " ., sl West *r4 Of '' Single-family dwellings/ PD-H2 Planned Unit " "r Development (R-10) > - '' ? a'. ' e Armando & Patricia Ellis Agenda Item 16 Page 1 Background and Summary of Proposal Site Conditions and History • The site is 6,322 square feet and zoned PD-H2 Planned Unit Development (R-10 Residential). • Existing single-family dwelling on the property was built in 1989. • No past Zoning Ordinance violations or City Council actions to report. Summary of Proposal • Number of bedrooms in the Short-Term Rental: 4 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 12 • Number of parking spaces required (1 space per bedroom required): 4 • Number of parking spaces provided: 4 P! 00) PA' ,F � _.____. Zoning History 0.0 # Request 0 .� 1 LUP Approved 01/15/1991 044, P 1, °Q dir OiVjk2 MOD Approved 12/09/1985 CT 11 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short-Term Rental CRZ—ConditionalRezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation This is a request for a four-bedroom Short-Term Rental.The applicant submitted a parking plan to address the parking deficiency, as only two of the four required parking spaces can be accommodated on the property. This parking deficiency is proposed to be addressed by allowing one space within the single-car garage and a second space partially within the right-of-way, as depicted on page 5 of this report.The proposal incorporates stacked parking to be located within the 10-foot wide driveway and in the single-car garage. Because the property is located on a corner lot in a cul- Armando & Patricia Ellis Agenda Item 16 Page 2 de-sac, 26 feet of the driveway is in the public right-of-way. The Zoning Administrator reviewed the parking plan and approved the proposal. A copy of the proposal is included in this report. Base on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The garage space cannot be converted into any other use other than parking. 2. The following conditions shall only apply to the dwelling unit addressed as 901 Park Landing Court and the Short- Term Rental use shall only occur in the principal structure. 3. The approval of this Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short-Term Rental, where the Short-Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events with more than fifty (50) people present, shall be held absent a special event 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. 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short-Term Rental within thirty (30) minutes. Physical response to the site of the Short-Term Rental is not required. 6. If or when the ownership of the property changes, the new property owner shall provide the updated information (a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property; otherwise, the use of the Short-Term Rental shall be null and void. a) The owner/operator contact information; b) Registration with the Commissioner of Revenue's Office; and c) Proof of liability insurance. 7. To the extent permitted by state law, each Short-Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short-Term Rental. 11. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short-Term Rental. Armando & Patricia Ellis Agenda Item 16 Page 3 12. A Short-Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be twelve (12) individuals (three (3) individuals per bedroom.) 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short-Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on November 8, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, November 24, 2019, and December 1, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 25, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on December 5, 2019. Armando & Patricia Ellis Agenda Item 16 Page 4 Site Layout and Parking Plan o:e.-2e3,-Pc.S4 ----- LOT 57 INF) 2.8' IN N22.5911. E WI r..5s•00 --• -- '"� N - 2.r IN — --- ' PORT s 5. WOOD 0.3' IN ! 1 IIII FDI VW) m LOT 58 5• M AINTENANCE stiEo OWL FOR LOT 58 I 4;flow , t`.K 0.8. 2863. PG. 645 � �`� a 18.0' 2ND STORY Os WOOD DECK ! tO n of �- 3 0 LOT 59 I I Existing Single r -4 -- Family House • r ' . I l _ � 0.1 OVT g p co N irc 1 it 0 Z 1O' DRAINAGE cart. ! 1 2 tr 0.9. 2683. PG. 545 .;y,::• 55 1 w 441 ©,,yc S so ?9 . / • ca l�,Ql �. 4 • _ ,,� (So. 20.00' Armando& Patricia Ellis Agenda Item 16 Page 5 Site Photos g, '.. : 4 A P�E "tr -yy r. !4 f +` r ''''''I'VC•-'-'''', 4 C � ti -* ` Garage , . 1',1160( .. , &t 3 , - 1-space .- - • �� - Q • Driveway .� f -space + +,' `" .ido: " 4�i , .fir, * `1 ^YlP')1 :' ` ' tt ` :1 '-4,T--a •Qt �s ; _ Vt :140,-F 'r. z ha ye-e .c a -,..7.••„... ---,----;,„r.=--....k.... .• . .... ' .. r- r '— . . . ,., ,, - 1 .;.- -.ill :''''.:'„.- - \b •'•:' :,_,' „*.-:.0 17Pi _ , ., � ,`� _ ,..i - - x - . • Armando & Patricia Ellis Agenda Item 16 Page 6 Site Photos c. pile ,w t '.g„n a ', $ '1- 'F ♦_ r � ii, " ' 4. -- . i '`. A4tiii;4p'' ' rvilie44,`':*" ..\*. —' - p•1t 3 ,, ° i..j. ,.. }c �.,i lo ?- ,,i -.....N -..t,,,.., , 1,,.. . , .• .,,, •:,_..„,,.....,,„ ..,,, -,•,., .,...,.... .. .,..,„,...,..._. :, ,....,• , ,. -,:„.. „.,,,....:„.., ,. , ... . - ..__„....... .,.. , . 4 ..... .: _ ! , . 4 "11,4'''. 'Su, I:: e,-‘...„1 r *r - ---- — ,,, , .... . „.. _...,_,.......,__ ..„... ,.... ..,.... ... 41„,,... ..„.., • --___....„.... ... , ......„ • . - -7-- -----;*-In.;---'''.;„ ----* '-'41!"..."1,-, --mr -.Zs -, - t, mow'. _s4 _ ` ,j w 5 } • r > ' 3;,s . Itr 'v:,. t \ "4i R A J $» k \ . .-,_,,:,., ,--,,,,...- , .,'"4. "StP;,:„. 'r :tip n. y`%+'`1; a �`. • Armando & Patricia Ellis Agenda Item 16 Page 7 Disclosure Statement aN33 Virginia Beach APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City I Modification of by City Property _ Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for _ (EDIP) Board of Zoning Encroachment Request Rezoning Appeals _ Certificate of Floodplain Variance Appropriateness • -- Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board e • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. ow-_ SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and Cit;Council meetin:that tertains to the a;,,lication(s). APPLICANT NOTIFIED OF HEARING DATE J J��'O 1 NO CHANCES AS OF DATE: / 20 REVISIONS SUBMITTED DATE: Armando & Patricia Ellis Agenda Item 16 Page 8 Disclosure Statement IVI3 Virginia Beach fi, Check here If the APELICANTAI,NOT a corporation, partnership, firm, business, or other unincorporated organization. CJCheck here if the APPLICANT LS a corporation, partnership, firm, business, or other unincorporated organization. J7r (A) List the Applicant's name:T`7 'ih/ /7-?"44e/c-/,4 �/f _3 If an LLC, list all member's names: If a CORPORATION, list the the names of all officers,directors, members, trustees, etc.below: (Attach list if necessary) UP List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) AO See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only it provertr owner is different from Avnlican(. ® Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. D Check here if the PROPERTY OWNER IS a corporation,partnership, firm, business,or other unincorporated organization,AND THEN,complete the following. / (A) List the Property Owner's name7ffr A 64!4 ,r 4 7e16-7 ' of r 4" If an LLC, list the member's names: Page 2 of 7 Armando & Patricia Ellis Agenda Item 16 Page 9 Disclosure Statement N/13 Virginia peach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner (Attach list if necessary) 'Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va Code§2-2-3101. 2 'Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (li)a controlling owner in one entity Is also a controlling owner in the other entity,or (Iii) there is shared management or control between the business entities factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va Code§ 2.2-3101 1•--- a SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business Operating_or to be oaerated on the Prooertv. If the answer to any item is YES, please Identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 cf Armando & Patricia Ellis Agenda Item 16 Page 10 Disclosure Statement *NB APPLICANT Virginia Beach YES NO [� SERVICE I ( PROVIDER (use additional sheets if needed/ ri Accounting and/or preparer of L- your tax return ® ( Architect/Landscape Architect/ In. Land Planner fContract Purchaser(if othet_than a the Applicant)- identify purchaser and purchaser's servic_a providers Any other pending or proposed purchaser of the subject property LJ (identify purchaser(s)and purchaser's service providers) Construction Contractors r VI Engineers/Surveyors/Agents Financing (Include current Elmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) R Legal Services mete, it,Ai - Real Estate Brokers/ paAgents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have z/ an interest in the subject land or any proposed development '. contingent on the subject public action? If yes. what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Armando & Patricia Ellis Agenda Item 16 Page 11 Disclosure Statement 1/13 'b.ir;i nia Reach CERTIE CAT14N: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application._ APPLICANT'S SIGNATURE PRINT NAME , DATI E f ric.Ia 4 D. rui s /z/i Armando & Patricia Ellis Agenda Item 16 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Armando & Patricia Ellis Agenda Item 16 Page 13 Item#16 Armando & Patricia Ellis Conditional Use Permit(Short-Term Rental) 901 Park Landing Court District—Centerville December 11, 2019 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, sir. Madam Chair, the next item on the consent agenda fallen to the Short Term Rental. The Planning Commission places the following applications for the Conditional Use Permit for Short Term Rental on the consent agenda as these applications meet the applicable requirements for section 241.2 of the zoning ordinance. Planning Commission and staff supports the application and there is no known opposition to the request for items 15, 16, 17 and 18. With that being said, I move for approval on a consent agenda items one, two, three, five, six, seven, eight, 15, 16, 17 and 18. Ms. Oliver: Right. Second. Mr. Ripley: I need to disclose, if you don't mind. I need to disclose there, a couple of applications in here, I think specifically Five, I think the last application which is not a subject of this motion,but I'm going to read it more in any way when it comes up. I want to disclose that I am a member of the TowneBank Advisory Board, the city of Chesapeake and I have a letter on file with the clerk so stating and the TowneBank is not the applicant here. And I have no interest in this application. And the Planning Commission's recommendations are strictly advisory; City Council makes the final decision. So I want to disclose that I will be voting on it today. Mr. Inman: I as well need to disclose that I'm on the TowneBank Leadership Alliance, and I will be voting on it as well. I have no financial interests. Mr. Graham: Likewise, I serve on the TowneBank of Virginia Beach Advisory Board adopted all the comments made by Mr. Ripley, I have no interest in the application and TowneBank is merely a potential financier of this application and we only recommend, so I will also be voting. Ms. Oliver: Do we have the second consent agenda? Mr. Redmond: Second. 1 Ms. Sandloop: The vote is open. By recorded vote of 9-0, agenda items one, two, three, five, six, seven, eight, fifteen, sixteen, seventeen and eighteen have been approved by consent. Ms. Oliver: Thank you. And I would like to thank all the applicants that have come down today that had a matter on the consent agenda for today's hearing, and these items will be scheduled for hearing on the City Council's agenda, and I thank you for your attendance today. So in an effort to be a bit more efficient today, I'm going to request that we reorder the agenda to be heard in this order, items number nine, ten, eleven, fourteen, nineteen, twenty, twenty one, twelve and thirteen, Mr. Tajan. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES ABSENT GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT WALL AYE WEINER AYE CONDITIONS 1. The garage space cannot be converted into any other use other than parking. 2. The following conditions shall only apply to the dwelling unit addressed as 901 Park Landing Court and the Short-Term Rental use shall only occur in the principal structure. 3. The approval of this Conditional Use Permit shall expire five(5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short-Term Rental, where the Short-Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events with more than fifty(50)people present, shall be held absent a special event 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. 2 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short-Term Rental within thirty(30) minutes. Physical response to the site of the Short-Term Rental is not required. 6. If or when the ownership of the property changes, the new property owner shall provide the updated information(a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property; otherwise, the use of the Short-Term Rental shall be null and void. a) The owner/operator contact information; b) Registration with the Commissioner of Revenue's Office; and c) Proof of liability insurance. 7. To the extent permitted by state law, each Short-Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31- 28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short-Term Rental. 11. No signage shall be on-site, except one(1), four(4) square foot sign, may be posted on the building which identifies the Short-Term Rental. 12. A Short-Term Rental shall have no more than two (2)rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00)underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 3 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short-Term Rental. 4 , T"' /-*-./, • i ,\ V),, _ -- 9) 1 L.L. O , \\,_ i �r`r p cn yr p 1 --- N i ii p -\ p \-------- _. 1 5 i 1 , i 1\1\6. , 0 (1) 4 (1) \ 1100°' - ti vamt \ , 4 _ H i jt r C In i . \ ''''' --- - ----_-- -.--''''-\.__- "---' l ___ _\ _- l ` 1 i 4 ,1 11 ( \ \ V,...,„ z 1 41 _ — Q) CV l t V o = C Y T) 'fir=_- ill O f4 5 (n N Cl CO f0 �, Fd CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JOHN BRADLEY GRIBBLE [Applicant & Property Owner] Conditional Use Permit Short Term Rental for the property located at 512 9th Street. GPIN 2427049021). COUNCIL DISTRICT — BEACH MEETING DATE: February 4, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use on this 2,972 square-foot parcel zoned R5-S Residential. There is one three- bedroom, duplex unit located on the site requesting the short term rental use. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine. The minimum number of parking spaces required for this use is one space per bedroom, or three spaces in this case. • Considerations: This property is located in a neighborhood that contains a mix of residential uses. All required parking is accommodated on the site in the driveway in front of the unit. All other requirements of Section 241 .2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Opposition was present at the public hearing. The opposition expressed concern regarding street parking on that portion of 9th Street. The Zoning office and Department of Housing and Neighborhood Preservation arranged for inspectors to verify that all street parking is legal. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0 1. The approval of this Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Renal, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. John Bradley Gribble Page 2 of 3 2. No events with more than fifty (50) people present, shall be held absent a special event 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. 3. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 4. If or when the ownership of the property changes, the new property owner shall provide the updated information (a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property; otherwise, the use of the Short-Term Renal shall be null and void. a. The owner/operator contact information; b. Registration with the Commissioner of Revenue's Office; and c. Proof of liability insurance. 5. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 6. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 7. 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. 8. Accessory structures shall not be used or occupied as Short Term Rental. 9. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 10. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 11. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 12. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. John Bradley Gribble Page 3 of 3 13. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be nine (9) individuals (three (3) individuals per bedroom.) 14. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ` City Manager: l 41kBApplicant and Property Owner: John Bradley Gribble Agenda Item Public Hearing:January 8, 2020 City Council Election District: Beach 13 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation — '' off"` Approval Staff Planner `J i ,—. t 1 Kevin Hershberger ""'' — I i Location % $--1""` 512 9th Street GPIN 2427049021000011110 I. Si te to Size WI 2,972 square feet n k Existing Land Use and Zoning District "�' Duplex/ R-5S Residential Surrounding Land Uses and Zoning Districts North _ 9thStreet = Duplex/A-12 Apartment .t South _Or." 414 dila Lake Holly/ R-5S Residential * ¢� East . Duplex/ R-5S Residential tt° • _ West se ' 1 ', Duplex/ R-5S Residential {` '' i 111 John Bradley Gribble Agenda Item 13 Page 1 Background and Summary of Proposal Site Conditions and History • The 2,972 square foot parcel is zoned R-5S Residential District. • City records indicate the site is developed with a semi-detached dwelling constructed in 1980. • There are no previous Council actions or zoning complaints associated with the property. Summary of Proposal • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided: 3 -1/1C-A\ t 1 '' ,_,A1\ ___„\, -- 1 t — 1 \ c \ t �3 VVV3 \ • Zoning History t ain't # Request R?'3 �1 1 NON (Expansion to Nonconformity)Approved 06/27/2000 e. -- lowest O �'` li, _ A�e 2 REZ(A-12 to R-5S)Approved --\\ s� 1, It o��- 05/08/2001 Q . , --6 \ un. R- li rt5i1 c%:\ \ Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance LUP—Land Use Plan CRZ—Conditional Rezoning SIC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation and Recommendation The Short Term Rental request is for an existing three-bedroom semi-detached home built in 1980. The required three parking spaces are provided on site. While not required at this point in the process, proof of liability insurance for $1,000,000 has been provided. No signage has been proposed yet. No letters of opposition or support have been received. Base on the considerations above, Staff recommends approval of this request with the conditions listed below. John Bradley Gribble Agenda Item 13 Page 2 Recommended Conditions 1. The approval of this Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short-Term Renal, where the Short-Term Renal has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 2. No events with more than fifty (50) people present, shall be held absent a special event 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. 3. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short-Term Renal within thirty(30) minutes. Physical response to the site of the Short-Term Renal is not required. 4. If or when the ownership of the property changes, the new property owner shall provide the updated information (a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property; otherwise, the use of the Short-Term Renal shall be null and void. a) The owner/operator contact information; b) Registration with the Commissioner of Revenue's Office; and c) Proof of liability insurance. 5. To the extent permitted by state law, each Short-Term Renal must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 6. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 7. 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. 8. Accessory structures shall not be used or occupied as Short-Term Renal. 9. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short-Term Renal. 10. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 11. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 12. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 13. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. John Bradley Gribble Agenda Item 13 Page 3 14. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short-Term Renal. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 9, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, December 22, 2019 and Sunday, December 29, 2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 20, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on January 2, 2019. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 19, 2020, and January 26, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 17, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 31, 2020. John Bradley Gribble Agenda Item 13 Page 4 Site Layout and Parking Plan LOT 13 I LAKE HOLLY : FDGE-OF LOT 11 Imo. LOT 15 PIN FOUND l S83'00'00'W 30.00' ` LOT 1414 PIN FOUND +aJ GPIN 2427 04 9021 - 0.7' J 0 4 DECK Q _n I • a o co BLOCK 26 WOOD FENCES \ g a DECK DECK o / 0 o DECK g y 0.5' I 1512 ~ 4 3-STORY 3 0 7.8 ` FRAME HOME o IDupex ' Q i' z LOT 12 1 LOT 16 Parkin!. PEDESTAL) ilkace-- ;DRILL HOLE FOUND PIN FOUND I a PEDESTAL SSCO SSCO, LIGHT POLE < 160' TO BALTIC A •th _ _ 9TH STREET FORMERLY 12TH STREET 50' RIGHT OF WAY MAP BOOK 7 PAGE 14 John Bradley Gribble Agenda Item 13 Page 5 Site Photos c. is; ;,,, ,-,,,,,i,::,,,,,444.„,N,Hek:::,:if - . . -,,f,._.. ,i? -, .,-,..-.. ..,',",,,,,. . _ 14 1001 ,,, 1 _. " ; ' _ V if • `Z 41i � l �IIIINH _!!ia _ al .;= II ,4. - t 5 `A a i t err--7,e. �w ■ �. . . '01111111111111111 1 -- John Bradley Gribble Agenda Item 13 Page 6 Disclosure Statement Adil3 Virginia Beath APPLICANT'S NAME John Bradley Gribble DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals — -- - Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board _ _ Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/AU disclosures must be updated two(2)weeks prior to any Page 1 of 7 Pianninc,Commission and Cit.Council meetin:;that i.ertains to the acplication.$). �/ Ia APPLICANT NOTIFIED OF HEARING DATE: f r, ./(‘ ; NO CHANGES AS OF DATE' A. tJ/ REVISIONS SURMITrED DATE: f/24/172-0 I `e"4-/f/17 ec John Bradley Gribble Agenda Item 13 Page 7 Disclosure Statement VB Virginia Beach X Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. LCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:John Bradley Gribble If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary / or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 - < SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER 15 a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 John Bradley Gribble Agenda Item 13 Page 8 Disclosure Statement /13 W Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation:' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than p" parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 John Bradley Gribble Agenda Item 13 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) X Accounting and/or preparer of — your tax return nX Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) X Construction Contractors X Engineers/Surveyors/Agents Financing(include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nn Legal Services Real Estate Brokers / XAgents/Realtors for current and anticipated future sales of the subject property ♦ • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO ' Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development f contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 John Bradley Gribble Agenda Item 13 Page 10 Disclosure Statement Virginia Beach CERTIFICATION: _ J I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applicat n. ,(i t Brad Gribble 10/11/19 APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 John Bradley Gribble Agenda Item 13 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. John Bradley Gribble Agenda Item 13 Page 12 Item#13 John Bradley Gribble Conditional Use Permit(Short-Term Rental) 512 9th Street January 8,2020 RECOMMENDED FOR APPROVAL Ms. Sandloop:The vote is open. By the recorded vote of 9-0, agenda item number 12 has been approved. Okay,our next item of business is agenda item number 13,John Bradley Gribble. An application for a Conditional Use Permit Short Term Rental on property located at 512 9th Street located in the Beach District, if the applicant or the applicant's representative, thank you. Ms. Oliver: Hello, good morning. Good afternoon. If you will state your name for the record please? Mr. Gribble: Afternoon. Sure. It's John Bradley Gribble. Just a little background on it, we've owned the house for about 10 years. My wife and I, we lived in it for eight years. About two and a half years ago,we had to move to Maryland because of work. We went the traditional route when we moved out of the house, right rented it to a doctor and her boyfriend, had them interviewed and met our neighbors, everything went pretty well. Two years later,for 18 months,they pretty much ruined the house with animals and not telling us when there was a dripping installation and caused major damage, $20,000 worth of work to the house. So they got out, we knew we had to do something a little bit different. We were stopping in and checking on them,but you know, obviously we weren't invading their privacy going inside and beating on them. So we went to Airbnb route. The property after we rehabbed it, we met with all of our neighbors told them what we were doing. We lived there for eight years was very involved in the area, I was the lake cleanup captain. And so anyways,before we left though,the person who owns the house next door to us,we have them as our property manager, because we live four and a half hours away. We don't want to, you know if something comes up that needs to be addressed, so we do have a property manager out there. So far, we've rented the house for six months, it's been going pretty well, had no complaints from any of the people renting really nothing from the neighbors that we were made aware of, and spoke with one of my neighbors today who's here to speak as well. Parking is a big problem at the beach. Our house, we widen our driveway in order to allow for the three spots at this place, but the challenge is that the street is not a permit parking at the Oceanfront; all the other places are permit parking,ours isn't for some reason. And then as the our neighborhood has been completely demolished, all the old 1 houses have been taken down and they're building multifamily duplexes,you know, you name it,they're building it more condensed as we saw earlier,which you know, makes the neighborhood look better, but it doesn't address the street parking. So one of the things we're really I mean our house abide by the regulations for the three cars. Something that we spoke with my neighbor about today is we're going to have a camera outside so that we can help self police. If a fourth car parks behind the other cars or does something goofy, they shouldn't have to deal with that, we can monitor that or if there's a problem,they can talk to our property manager who,you know,they're aware of that we have the property manager. But the big issue is our street is not permitted and it's turning into quite the cluster down there. So I know this is in the form for that. We probably need to go down another route for that. Ms. Oliver: Right. Thank you. Anybody have any comments. Thank you very much. Ms. Sandloop: We have one speaker, Stanley Vane. Ms. Oliver: Welcome. Mr. Vane: My name is Stanley Vane,I live at 513 and I own 515 9th Street. I have no problem with the rentals that are going on, they are okay. But sometimes, okay, they have the proper parking and then you got two places, sometimes people that park there will sublease the room,you know, and then they park,there's a picture I don't know. I mean, maybe I don't know where to go with this, but from where my house is all the way down 9th Street, it's no parking on the pavement. And then the other side you have a curb. Okay, it turns into the Mekong Delta when it rains. I've been raking that and taking care of that and cutting the grass as well as my neighbor who lives in condominiums next to me for 18 years. Now you're having people park there for weeks, 10 days at a time, and you have the grass growing up to the chastity of their house and half of their car, you know, so when the property manager of Shadow Lawn cuts the grass, he can't get around it and I cut it, I get out there and I rake it, you know, there are times, I've learned what I need to do now, call at 311 but there are times that a fire truck cannot get down that road because of the parking on the side. When you pull into the road make right hand turn to go to these Airbnbs,there's like a 17 foot stretch to turn. Now they're parking on people's front yards, on the side yards there. And I actually talked to a fireman. It was making a around, okay, and he said his hooking ladder could get in there, but a regular fire truck couldn't. And you know, it's just a mess. You know, the problem now we got cameras, I have got cameras. So when the people from Chicago pull out throw beer cans in front of our yard, throw few beer bottles on my daggon' on flowers and break the glass up then I just kicked on to the side of the yard. We can see it and I know Star and Bradley. I mean, it's the best neighborhood Shadow Lawn. I mean, we have a place where there was one house that they ended up putting four 2 houses in, and maybe there's some illegal stuff going on in there as far as how they rent and what they do. And these people park their cars and you call the city,there is no, to my understanding, there's no time limit of how long a parked car can park in a place. You know, usually it's abandoned and it can sit there 10 days and then, you know, front of my house is all nice and done, I got trees 10 feet off the access, you know, I cut the front, cut the whole side of that road sometimes, you know, when Butch can't do it for his condos, the grass grows high, hey, I'm cutting the grass, you can ask any one of my neighbors you can ask them, you know, but that parking is just, you know, out of control,you know, and I've talked to the manager, she's awesome. She screens good. You know, she makes sure it has people, I have no complaints at all about what's going on,you know, when people I even let people parks in my place. You know when they're having parties or something or there's extra people,I have a four spot parking spot,you know,I'm like hey you rent Brad's, please park here, it's safe. But I mean, if we could get I don't know where to get over if we could get that parking taken care of. And there are times that you cannot get a fire truck down the street because of that. It's no parking on the pavement. So if somebody is on the pavement for two inches of their car, you know what it's doing is undermining the new road, they just put on there and it's all crumpling up you know, and I rake it, you know, storms come, I think they just did a lake or drainage where the lake goes to Lake Holly and that's my only problem with the neighborhood, we've got one, two, three, almost four of these rentals, okay, then you have a place where there was one house, and they built four units. And they turn around and allow two parking spaces for those four units. It was a new complex to be sharpened. You know, maybe I don't know how many years ago, okay, and it's just okay. So you have the two places, and they put these special signs up for people that own the houses. And now the city is going to take them down, you know, so it's like here's buy a house, and this is your special parking space. So parking is really, really an issue and now that we got the cameras and called 311 or call the police or I know what to do,you know, if that's the case down the road. Ms. Oliver: Mr.Vane,the parking,I'd like to sort of dial back to the applicant here,do you have a problem with parking with him specifically? Mr. Vane: I don't have a problem parking with him. But there are times that these rentals will have more parking, I mean, there are three places, they might have five people. Okay,you have a place where you could park three cars straight in and then they'll put the fourth car behind it. Ms. Oliver: No,well,we don't get that so we're not okay with that,but what I do want to know is, the applicant, are you next door to him? Are you the other half? You're across the street. Okay, that's all right. But do you, his tenants or his Short Term Rental 3 people, are they not parking appropriately? Or is this just a general problem for the area? Mr. Vane: I have seen it happen and then I talked to the manager, they say just call me. You know, and I just let it go,you know,and I thought,you know,and now I know what to do. But I mean, when they have three spots and then they sublet the rooms that they're renting and then two other people park, they park on the side of the road there for long periods of time, you know, they don't park, I mean, they are parking on the street. Ms. Oliver: From his place? Mr. Vane: Across the street. I mean, where it says no parking on pavement, you know, because everybody parks in the dirt. Ms. Oliver: 0 kay, now Mr. Inman. Mr. Inman: Are you saying that his Short Term Rental tenants are subletting? Mr. Vane: I have seen that on the street. Mr. Inman: This applicant, Mr. Gribble, see we're focused right now on Mr. Gribble's place and we understand there's other problems, right know, we have. Mr. Vane: {Crosstalk] I mean, okay, I mean, but... Mr. Weiner: You had a right. There are other problems or other issues on the road with any other parking, call 311 Mr. Vane: How do we call that number. Mr. Weiner: Because if there are cars are sitting on the road longer than certain time, I'm sure there's a zoning. Mr. Vane: It has 2 cars parking on the curbside Mr. Weiner: If there are cars on the road longer than a certain period of time, isn't there? Mr. Tajan: If it's public right-of-way, people can park in public right-of-way, but it's allowed for parking as long as they have proper tags. Mr. Vane: Okay, so when the grass grows on... Ms. Oliver: They shouldn't be parking somewhere where there's grass growing up underneath the car. 4 Mr. Vane: Well,it's there. And,you know,I mean,they park right up against the whole side there. I mean, I can take pictures and bring them to you, one of these days, you know. Ms. Oliver: Well that probably Mr. Vane, I guess what we're trying to do here is we're trying to separate the applicant,Mr. Gribble because that's what we're here to hear right now. Mr. Vane: Where do I take this to? Ms. Oliver: The other you can take to. Just give us one second to find the solution for you and we can do that. Mr. Tajan: So there are two things that I'm hearing as well. So there was something brought up about the residential potential Permitting Parking Program, which has a process to go through which is handled through our Parking Management,which is through the SGA office, we can discuss that that does take a lot of legwork and a lot of agreement with the entire neighborhood to handle. But that is in Planning's purview as well. So know that we are aware and there's concern however,it doesn't fix the issue with the Short Term Rentals because if there is a Residential Parking Permit Program, we prohibit the allowance of guest passes when there's a Short Term Rental in use so that they are not parking on the street. They are parking in their parking spaces that they have showed us. So it wouldn't be permitted, so the key is that's that becomes, if there's a littering and trespassing other enforcement now. Mr. Vane: Right now and then they, you know, they pull out there and they're from Chicago and throwing the beer cans in the yard, So now we got the cameras. So I can call at 311 number. Ms. Oliver: You can call that number and you can always. Mr. Vane: If somebody is parked where a fire truck can't come down my street. Ms. Oliver: That fire trucks can make a phone call. You don't need to worry about that. If the fire truck can't get through the street, I mean. Mr. Vane: Well, I mean, my concern would be, okay, I mean, I've been medically retired for 12 years and old people in the end of the street, it's a dead end, you know, and it's like, they can't get through it. They couldn't get through there. The 500 block of 9th street. Ms. Oliver: No, no, yeah it's all right, Mr. Vane, we've got a pointer and so. Mr. Vane: You know, I mean, when you come down and you turn down that way, they are like hey it's city right-of-way, and now these people are parking like right up next 5 to the poor woman's front yard, they sit there for weeks at a time, days at a time, you have people that don't even live in the neighborhood that are parking there, man send them down on the 9th Street and they don't pay. Ms. Oliver: Well, I think you've gotten the Planning Department attention on the parking on the street and I'm sure that they will take a look at that. Mr. Vane: The Planning Department I mean, you guys allow 4 houses be put up for one is, and maybe there's some illegal stuff going on, don't even allow for their trash can. Ms. Oliver: But I would advise you going forward today to use the 311 number, if you have any issues with any of the short term rentals, and if you have anything bigger than that, I would call the police department. Mr. Vane: Okay. But then what will I do when, can you have at least come down there and monitor that road? Mr. Weiner: You will have to discuss that with them. Mr. Tajan: So I'll be honest with you. From a city perspective, the use of our police officers time to deal with parking issues is probably not the most efficient. There are no parking on pavement signs as you noted previously, out here which is required and one likely because they want access for fire trucks, there are parking issues, but we've kind of appointed people on how to park at that point. We've told them to park that way,then that's how it is,if there is a violation,there are other departments not Planning in particularly to deal with this that there are parking issues, we can see if Parking Enforcement and property maintenance can go out and take a look. There are other issues of vehicles, inoperable vehicles or other vehicles that are sitting out there. Mr. Vane: I f I take my tape measure when I know the fire truck can't get through there, who do I call? Ms. Oliver: 311. Yes, sir. You can do that and then we appreciate it. Mr. Vane: Then I'll call the police or whatever? Ms. Oliver: Start with 311 and we'll work that way. Mr. Tajan: What they'll do is they'll direct you to the right. Ms. Oliver: Thank you. Yes come on. Mr. Gribble: Just kind of wrap things up there, obviously parking is a challenge. We have the spots where we advertise that only three vehicles if somebody brings a 6 friend over there's obviously if they park incorrectly,we're going to be on top,they are going forward, our property manager is always available. Which you can always give them a call, the subletting issue, I just want to go on record we vet all of our people I find it hard to believe there's subletted because they're already coming in with five or six people, there's only five or six places to sleep. But we'll monitor that since that is a concern. Ms. Oliver: Thank you. All right. No more speakers. Thank you. So we will close this hearing and open it up amongst the Commissioners. Yes Commissioner Redmond. Mr. Redmond:Madam Chair, I move approval of the application. Mr. Weiner: I second. Ms. Oliver: Right. Ms. Sandloop:The vote is open. By the recorded vote of 9-0, agenda item number 13 has been approved. Our next item of business is agenda item number 20 Tara Ryan, application for Conditional Use Permit Short Term Rental on property located at 933 Pacific Avenue unit B located in the Beach District. AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE CONDITIONS 1. The approval of this Conditional Use Permit shall expire five(5)years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Depai tiiient;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short-Term Renal, where the Short-Term Renal has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7 2. No events with more than fifty (50) people present, shall be held absent a special event 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. 3. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short-Term Renal within thirty(30) minutes. Physical response to the site of the Short-Term Renal is not required. 4. If or when the ownership of the property changes, the new property owner shall provide the updated information(a through c below)to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property; otherwise, the use of the Short-Term Renal shall be null and void. a) The owner/operator contact information; b) Registration with the Commissioner of Revenue's Office; and c) Proof of liability insurance. 5. To the extent permitted by state law, each Short-Term Renal must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 6. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 7. 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. 8. Accessory structures shall not be used or occupied as Short-Term Renal. 9. No signage shall be on-site, except one(1), four(4) square foot sign, may be posted on the building which identifies the Short-Term Renal. 10. A Short Term Rental shall have no more than two (2)rental contracts during any consecutive seven(7) day period. 11. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 12. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 13. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three(3) individuals per bedroom. 8 14. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short-Term Renal. 9 .,. ..- --:---7,-Fer„T-,_,,,,,„A % ,,, - c ________ - , 1 d-k C4 , Z-61(9.,-, —_ i 1 s ', :7,Ti,,,,,,„ ,.- 3 , , . = o Ilie CO in 0 111, __ - N_ F- C AVenW� 0 tt� p►venue , =�1 4101 _ . 0 0\ .1 O c � AC AO E > \\\7* \,\,,,i,_ __:::::_________ \ : . ____ „ '` 7ti� ti V ',\'' 6 - ili L .r. y, } - O v. --� 02 . ,.... r .... __,n --------i------- 4410 , , § n- \„. ..c \ ......___ 4., it„,\___ ___., _........_ ______------ co -1 ,... \ ,..- „ .e. ______ _,._. ...„....,... ....,,,.. „ \ ..... \ \ . , .. , _____7-71--m \ 1 - , ‘ . \ „t'i- } ; 40 . \c) ' ' , ce ��3 45) ._ _,_ 0 1 e ..,T .r v r c to ' ti------- -"-------11LC \ , .� ti't \\ C conoo.) a dt {V c ,Cf.:,,4r. J 0 c Y In S �ay� t CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: WILLYNNE E. SIMMONS [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 1804B Baltic Avenue (GPIN 24270722820000). COUNCIL DISTRICT — BEACH MEETING DATE: February 4, 2020 • Background: This 1,980 square-foot parcel is zoned OR Oceanfront Resort, and is located within the Vibe Creative District. The lot consists of one townhome; however, a total of five connected townhome dwellings are in the row. City records indicate this unit is a three-bedroom dwelling. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine. The minimum number of parking spaces required for this use is one space per bedroom, or three spaces in this instance. After construction of these five townhomes was complete, illegal compacted gravel parking spaces were added over the underground stormwater management system. A condition to correct this issue was added in the staff report, but the applicant worked proactively with staff and has since corrected the matter. The property is also within the boundaries of the Residential Parking Permit Program (RPPP) where on-street parking is limited. Consequently, a condition is recommended to limit the number of guest and temporary passes while the Conditional Use Permit is active. • Considerations: This site is located within the ViBe Creative District, which is home to a myriad of commercial and residential uses with an emphasis on arts and culture. This Short Term Rental use proposal would add a smaller scale lodging option to the area and will complement the unique and creative focus of the district. Moreover, the requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met by the applicant. All required parking is accommodated on the site, two in the driveway and one within a garage. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. One letter of opposition was received by staff. This letter came from the adjoining townhome owner (1804A Baltic Avenue). The letter notes concern with noise, parking, and trespassing regarding past Short Term Rental occupants of unit 1804 Willynne E. Simmons Page 2 of 5 B. Three letters of support were received by staff. Those letters came from other adjacent townhome owners. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The following conditions apply to the unit requesting a Short Term Rental Conditional Use Permit. Short Term Rental shall only occur in the principal structure addressed as 1804B Baltic Ave. 2. The garage space within the unit must remain a minimum of 9-feet by 18- feet, contain a minimum 8-foot wide vehicle entryway opening, and be accessible to the Short Term Rental tenants. 3. As depicted on the approved Parking Plan photographs submitted by Willynne E. Simmons to the Department of Planning and Community Development on 11-18-2019 for 1804 Baltic Avenue, Unit B, all three (3) required on-site parking spaces must be available to the occupants of the Short Term Rental and be maintained with an all-weather surface. 4. An appropriate stormwater site plan must be submitted to the Department of Planning and Community Development - Development Services Center Division for review if the applicant would like to keep the compacted gravel area shown on the parking plan photographs submitted by the applicant with the Conditional Use Permit application. If approval is not granted by the Department of Planning and Community Development-Development Services Center Division, then the compacted gravel area must be restored to its original state as shown on the site plan created by John E. Siren and Associates, dated 03/21/2016 (with an as-built date of 05/29/2019), and tiled, "Site Plan of Lot 10-A, Resubdivision of Lot 9, 10 and Lot 11, Block B, Plat of Property of Virginia Beach Park Corp for K&B Construction," which is on file with the Department of Planning and Community Development within record numbers 2019-DSC-00257 and 2019-DDSC-009500 5. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 6. Unless a field change or other site plan modification is approved by the Planning Director, all required tree canopy, landscaping, and outdoor amenity space improvements as shown on sheet 6 of the site plan approved by the Development Services Center Division of the Planning and Community Development Department and more specifically titled, "Landscape Plan," created by Pauline Hundley of Four Seasons Nursery Willynne E. Simmons Page 3 of 5 for John E. Sirine and Associated on 01-18-2017, shall remain in place and be maintained in good condition. 7. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however, the Department of Planning and Community Development shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where it has been the subject of neighborhood complaints, violations of its conditions, or violations of any building, housing, zoning, fire, or other similar codes. 8. No events with more than fifty (50) people present, shall be held absent a special event 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. 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 10.If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a" through "c" below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental registration form; b. Copies of the Commissioner of Revenue's office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 11.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. Willynne E. Simmons Page 4 of 5 13.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code sections 23- 69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 14.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. 15.Accessory structures shall not be used or occupied as Short Term Rental. 16.No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 17.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 18.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 20.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 21.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be nine (9) individuals (three (3) individuals per bedroom.) 22.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short-Term Rental. Willynne E. Simmons Page 5 of 5 ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: �v`L._ 7 /( Applicant and Property Owner: Willynne E. Simmons Agenda Item Public Hearing:January 8, 2020 l City Council Election District: Beach 15 c t Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation - \ 111111111.1111111111111111 � 1, Approval 11111 Staff Planner William Miller0 P-milla0 ill , Location 1804 B Baltic Avenue GPIN 24270722820000 0 111111i 111)i"-'',-' l'-''Ili Site Size 1,980 square feet OS IIIII 0 Existing Land Use and Zoning District Townhome dwelling/OR Oceanfront Resort (Vibe District) Surrounding Land Uses and Zoning Districts North i •' N. Townhomes/OR Oceanfront Resort (VIBE t' mar- 'Irv- "''` District) South ' Townhomes/OR Oceanfront Resort (VIBE ' District) tr East ,� ,' . � � Baltic Avenue .. _ e Commercial (Funeral Home)/OR Oceanfront a, `� Resort (VIBE District) t West Commercial (Craft Brewery)/OR Oceanfront .00 '4� * , Resort (VIBE District) ��` Willynne E. Simmons Agenda Item 15 Page 1 f Background and Summary of Proposal Site Conditions and History • The site is a 1,980 square foot parcel located within the OR Oceanfront Resort Form Based Code District (ViBe district) • A total of one Townhouse Dwelling is located on Lot 4. There are five townhomes on this row. • According to City records, this dwelling was constructed in 2019. • There is a gravel parking area next to the driveway that is in violation of the Development Services Center approved site plan.The gravel area sits atop a stormwater management system and was supposed to be maintained as grass or landscaping. • Except for the compacted gravel parking pad abutting the driveway, all other parcel improvements appear to match the Development Services Center(DSC) approved as-built site plan dated July 25, 2019. • No previous zoning violations were found relating to this address. • No previous City Council actions were found relating to this address. Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for a townhouse dwelling located on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided: 3 Willynne E. Simmons Agenda Item 15 Page 2 • OR isostrot oR C51 ` - - `� r oR Zoning History , # Request •r' 1 1 CUP(Craft Brewery and Open-Air Market)Approved _e;1 11/07/17 OR OR Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance LUP—Land Use Plan CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation and Recommendation The site is located within the ViBe Creative District, which is home to a myriad of commercial and residential uses with an emphasis on arts and culture.This Short Term Rental use proposal would add a smaller scale lodging option to the area and will complement the unique and creative focus of the district. Moreover,the requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met by the applicant; however, a condition has been added addressing the illegal conversion of the pervious area between driveways to gravel. In addition, since the Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP) where on-street parking is limited, a condition is recommended to limit the number of guest and temporary passes while the Conditional Use Permit is active. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions apply to the unit requesting a Short Term Rental Conditional Use Permit. Short Term Rental shall only occur in the principal structure addressed as 1804E Baltic Ave. 2. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and be accessible to the Short Term Rental tenants. 3. As depicted on the approved Parking Plan photographs submitted by Willynne E. Simmons to the Department of Planning and Community Development on 11-18-2019 for 1804 Baltic Avenue, Unit B, all three (3) required on-site parking spaces must be available to the occupants of the Short Term Rental and be maintained with an all-weather surface. 4. An appropriate stormwater site plan must be submitted to the Department of Planning and Community Development- Development Services Center Division for review if the applicant would like to keep the compacted Willynne E. Simmons Agenda Item 15 Page 3 • gravel area shown on the parking plan photographs submitted by the applicant with the Conditional Use Permit application. If approval is not granted by the Department of Planning and Community Development-Development Services Center Division,then the compacted gravel area must be restored to its original state as shown on the site plan created by John E.Siren and Associates,dated 03/21/2016(with an as-built date of 05/29/2019), and tiled, "Site Plan of Lot 10-A, Resubdivision of Lot 9, 10 and Lot 11, Block B, Plat of Property of Virginia Beach Park Corp for K&B Construction," which is on file with the Department of Planning and Community Development within record numbers 2019-DSC-00257 and 2019-DDSC-009500 5. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only.Guest permits and temporary permits through the RPPP shall not be permitted. 6. Unless a field change or other site plan modification is approved by the Planning Director,all required tree canopy, landscaping, and outdoor amenity space improvements as shown on sheet 6 of the site plan approved by the Development Services Center Division of the Planning and Community Development Department and more specifically titled, "Landscape Plan," created by Pauline Hundley of Four Seasons Nursery for John E.Sirine and Associated on 01-18-2017, shall remain in place and be maintained in good condition. 7. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however,the Department of Planning and Community Development shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where it has been the subject of neighborhood complaints,violations of its conditions, or violations of any building, housing, zoning,fire, or other similar codes. 8. No events with more than fifty (50) people present, shall be held absent a special event 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. 9. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator, or agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 10. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements"a"through "c" below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental registration form; b) Copies of the Commissioner of Revenue's office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 13. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code sections 23-69 through 23-71 (noise), 31-26,31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. Willynne E.Simmons Agenda Item 15 Page 4 14. 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. 15. Accessory structures shall not be used or occupied as Short Term Rental. 16. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 17. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 20. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners.Three letters of support and one letter of concern was received by Staff related to this request. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 9, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, December 22, 2019, and December 29, 2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 20, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on January 2, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 19,2020, and January 26, 2020. Willynne E. Simmons Agenda Item 15 Page 5 • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 17, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 31, 2020. • Three letters of support and one letter of concern have been received by Staff relating to this request. Willynne E.Simmons Agenda Item 15 Page 6 Site Layout and Parking Plan 20'ALLEY —EASEMENT PER PLATDRAINAI DRAINAGE L (20'ALLEY PER PLAT) STRUCTURE �/ �/ qQ ' E a 4 pi, - \1 23.92' / 18.00/A 18.00 18.00/ 18.00/ \ 23.96' r 9, dam, Each parking space is 'DRAINAGE spit4 required to be 9' x 18' '-'1l,STRUCTURE 51' L F ^'' i i Two parking spaces 4 z I Z ( in the driveway Lut z $ III II It a Pl t. Cl ,, , JB.S• --I 1 g 1 I 3 O I e p }' W b a LOT 6 LOT 5 1 PI ' - N I LOT 3 LOT 2 LOT 1 gi I O of N. ^ 1 1 4 h 2 II W C ,,ti Y W DRAINAGE = iy�- — — R=10.00' STRUCTURE -- — — — - 15.71' O -I a " 23.92' 4 18.00' •Q5 18.001 ', 800' ,r 18.00' ' e' 23 00 ! `-e � 1 — ro .Q oQ o o. .-42_� 7 -----— .'...:--5_13'49' +.'" 4'PRIVATE DRAINAGE DRAINAGE EASEMENT PER PLAT STRUCTURE BALTIC AVENUE (60'RIGHT 0r WAY PER PLAT) 1804 Baltic Ave., Unit B / 3-Bedrooms Willynne E. Simmons Agenda Item 15 Page 7 Site Photos X ■ _. , i .___! NIN I..fm � Ii. i>ii�U� n ri B i i Rik ° III i 121iP.! .. - 4, LI.a ' ; . g = ''-'' ': ! ' ; li ' a , ,., , - .. ,. ,....„ ti.2 iii ' , 4-- , a 1_1 . , .. war • p ' 9 Ei ■EJ .. 9 .ors __ Ltd ._ _ IIIMAIIIIMEN HI Compacted gravel parking areas were not approved by DSC—See condition #4 Willynne E. Simmons Agenda Item 15 Page 8 Disclosure Statement • 'NB Virginia Beach APPLICANT'S NAME Xi/ �� n �. Ji n ns DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative 1 Economic Development ! Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Appeals Flood lain Variane Rezoning Encroachment Request Certificate of Appropriateness P — Street Closure (Historic Review Board) Franchise Agreement -- Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit] License Agreement , Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior w any Page 1 of 7 Planning Comaassion and City Council meerma that-ertains to the appltcarion(s). ▪ APPLICANT NOTIFIED OF HEARING_ DATE:1 Of.o9.ZZ 1r/n O NO CHANGES AS OF DATE: Q(. �/t ^- O tiVISIONS SUBMITTED i RATE Willynne E. Simmons Agenda Item 15 Page 9 Disclosure Statement Vtrgi a Beech [Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:- _ -CMnm�Y1s If an LLC, list all member's name If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes[ and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. [/'Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Willynne E.Simmons Agenda Item 15 Page 10 Disclosure Statement •t g"Y®Beech If a Corporation,list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 'Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101. 2 'Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets:the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Willynne E.Simmons Agenda Item 15 Page 11 Disclosure Statement .11N3 APPLICANT Virginia Beaeh l YES [NO I [ SERVICE 1 PROVIDER(use additional sheets if 1 n n ©" 1 Accounting and/or preparer of your tax return a_ ErI Architect/Landscape Architect/I Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser I li and purchaser's service providers -Any other pending or proposed ! f"l TApurchaser of the subject property I I (identify purchaser(s)and I purchaser's service providers) i I I IC 1 Construction Contractors _ — `Y' ` Engineers/Surveyors/Agents Alphatec Surveyors LTD 1 Financing(include current 1,Gfre V)Cxi Lear, SQ.vi(;...'5 ortgage holders and lenders Li'C Vi 1� I selected or being considered to i provide financing for acquisition �/ or construction of the property) U 1 Legal Services Real Estate Brokers/ n Agents/Realtors for current and I anticipated future sales of the subject property _ ___ . SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO / ; Does an official or employee of the City of Virginia Beach have h✓I/ an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Willynne E. Simmons Agenda Item 15 Page 12 Disclosure Statement Virginfa Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is i complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information 'provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Arylication. _ 4 4?..4e 7.� d)v i Ubi/or to mm��s i7c 09' APPLICA S SIGNATURE PRINT NAME DATE Page 5 of 7 Willynne E. Simmons Agenda Item 15 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.Al)applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Willynne E.Simmons Agenda Item 15 Page 14 ti Item#15 Willynne E. Simmons Conditional Use Permit (Short-Term Rental) 1804 Baltic Avenue, Unit B January 8,2020 RECOMMENDED FOR APPROVAL-CONSENT Mr. Weiner: Thank you. Is there any opposition to this being placed on the consent agenda? Okay,the next items on the consent agenda are for short term rental. The planning commission places the following applications for the great conditional use permit for short term rental and a consent agenda as these applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications and there's no known opposition for the following items 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25 and 26. That being said, I move for approval on the consent agenda items 1, 2, 5, 6, 7, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, and 26. Mr. Redmond:Madam Chair? Ms. Oliver: Yes sir. Mr. Redmond:I'm going to support the all of these on consent. However, I would note that with regard to a specific B-2 agenda item number five of Town Center Associates 12, LLC, I will be abstaining. I'm a commercial real estate broker with Divans Real Estate, Inc. Divans Real Estate, Inc. leases and manages the Town Center and various principles of the company where I work, our principals in Town Center Associates. I don't believe very frankly that that affects me in any way. I've never earned a nickel from the Town Center,but for purposes of appearance,I nonetheless tend not to vote on these matters. So I will abstain in this case. Ms. Wilson, does that satisfy your legal requirements? Ms. Wilson: Yes sir. Mr. Redmond:Okay. Thank you. Mr. Horsley: I second. Ms. Sandloop:The vote is open. By recorded vote of 9-0, agenda items one, two, five with Commissioner Redmond abstaining from agenda item five, six, seven, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25 and 26 have been approved by consent. Ms. Oliver: Okay, thank you. And I'd like to thank all the applicants today who had a matter on the consent agenda at this hearing and these items will be scheduled for hearing at the City Council agenda. And so if you don't have any further business, if you 1 • were on the consent agenda,this would be a great time for you to leave. We'll give everybody a second to leave. All right. Thank you. The next order of business will be to address the remaining matters on our agenda. And with our City Clerk, please call the first item. AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE CONDITIONS 1. The following conditions apply to the unit requesting a Short Term Rental Conditional Use Permit. Short Term Rental shall only occur in the principal structure addressed as 1804B Baltic Ave. 2. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and be accessible to the Short Term Rental tenants. 3. As depicted on the approved Parking Plan photographs submitted by Willynne E. Simmons to the Department of Planning and Community Development on 11-18-2019 for 1804 Baltic Avenue, Unit B, all three(3) required on-site parking spaces must be available to the occupants of the Short Term Rental and be maintained with an all-weather surface. 4. An appropriate stormwater site plan must be submitted to the Department of Planning and Community Development- Development Services Center Division for review if the applicant would like to keep the compacted gravel area shown on the parking plan photographs submitted by the applicant with the Conditional Use Permit application. If approval is not granted by the Department of Planning and Community Development- Development Services Center Division, then the compacted gravel area must be restored to its original state as shown on the site plan created by John E. Siren and Associates, dated 03/21/2016 (with an as-built date of 05/29/2019), and tiled, "Site Plan of Lot 10-A, Resubdivision of Lot 9, 10 and Lot 11, Block B, Plat of Property of Virginia Beach Park Corp for K&B Construction," which is on file with the Department of Planning and Community Development within record numbers 2019-DSC-00257 and 2019-DDSC-009500 5. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two 2 • residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 6. Unless a field change or other site plan modification is approved by the Planning Director, all required tree canopy, landscaping, and outdoor amenity space improvements as shown on sheet 6 of the site plan approved by the Development Services Center Division of the Planning and Community Development Department and more specifically titled, "Landscape Plan," created by Pauline Hundley of Four Seasons Nursery for John E. Sirine and Associated on 01-18-2017, shall remain in place and be maintained in good condition. 7. This Conditional Use Permit shall expire five(5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however, the Department of Planning and Community Development shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where it has been the subject of neighborhood complaints, violations of its conditions, or violations of any building, housing, zoning, fire, or other similar codes. 8. No events with more than fifty(50)people present, shall be held absent a special event 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. 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 10. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a"through "c"below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental registration form; b) Copies of the Commissioner of Revenue's office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 13. 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 3 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 14. 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. 15. Accessory structures shall not be used or occupied as Short Term Rental. 16. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 17. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 20. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 4 ---- -- _ \______A__ Iii ,1— \-:-:-)-1 '%, .. 1100,iiiiimillI 2 5- \111111illilli 1111111111111111P.— ~� 1 0 t �. IS re °I- \ 4( o -- � o_ p . 000 09 �� -- nue_ ter_. 0.. �'� �%"..- 6a�ttc Av e Z ' _wr 011 1.4 0 -- am- W - A3 " -. \ 1111 so te \ Q cn `molI \ 8 t vn >- \ tlIllj jai _ . \ k- ....0( ., \cc \ o § 3 \ ot , 0 \ , o0, p 1--S--- \ ~ t 1 From: Lois Avery To: William N.Mille( Subject RE:GPIN.2427072282 Date: Monday,January 6,2020 7:03:29 PM [CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good evening, Responding to application by Willynne E Simmons for Short Term Rental located at 1804 Baltic Ave Unit B. Virginia Beach, VA. 23451. GPIN 2427072282 Below is a text message sent to Willynne on October 29th in response to a letter she sent requesting my signature for approval of her short term rental. You will read the three main concerns that I brought to her attention. Also below is her response a few hours later. She has yet to discuss any ideas for the below concerns. My biggest concern is the continuous lack of respect for property access. Her guests park in the rear and then continuously through the day cross my driveway and front yard to gain access to the front door. She has a rear door entrance and refuses to give access to her guests. Each time her guests walk on my property I become liable if they fall. I have had to wait to enter my garage as her guests stand in my driveway and I have to constantly be on alert while backing out of my garage. I should not have to worry about multiple day occurrences everyday by her guests, while she is reaping monetary income. The other units C& D work diligently and go above and beyond to make sure their rental units have no problems with the other owners in our group with respect to their guests. I expect the same from Willynne,however this is not the case. Please take my concerns into consideration. I live in my residence full time and should be given the respect I deserve. Thank you, Lois E Avery 1804A Baltic Ave Virginia Beach, Va. 23451 Lynne, I have received your letter for your short term rental. This had not been a discussion between us however you may have talked to the other units. At this time, I have the following objections: 1) you need to provide access to your unit through your garage, as all the others do. Your guests/renters walk continuously across my driveway and yard and cut across my front yard to gain access to your unit. 2) you have had several guest/renters who party on your balcony into the wee hours of the morning. Including one night while my grandchildren were here keeping them awake until almost 2:30 am 3). Your guests/renters need to be made aware my parking spaces are not meant for them. Yes, I have had to ask them to move their vehicles. Lois Good evening Lois...thanks for your prompt response. First let me apologize for any issues you and your family have encountered from guests. I am going to brainstorm on points you brought up and then bring to you to discuss. I am sure we will come up with something that works for us all! Respectfully, Lynne STAR AND AUSTIN BOYLES 1804 BALTIC AVENUE UNIT E VIRGINIA BEACH. VA 23451 October 26, 2019 To Whom It May Concern: I have no objections and am in support of Willynne Simmons being granted a conditional use permit (CUP)with the City of VA Beach in order to utilize her townhome at 1804 Baltic Avenue Unit B as a short-term rental. Sincerely, / 4 Star and Austin Boyles BRANDY FLO 1"1'EN 1804 BALTIC AVENUE, UNIT D VIRGINIA BEACH, VA 23451 October 26, 2019 To Whom It May Concern: I have no objections and am in support of Willynne Simmons being granted a conditional use permit(CUP) with the City of VA Beach in order to utilize her townhome at 1804 Baltic Avenue Unit B as a short-term rental. Sincerely, Brandy Flotten SOUAD AND KHALID BELMADANI 1804 BALTIC AVENUE, UNIT C VIRGINIA BEACH, VA 23451 October 26, 2019 To Whom It May Concern: I have no objections and am in support of Willynne Simmons being granted a conditional use permit (CUP) with the City of VA Beach in order to utilize her townhome at 1804 Baltic Avenue Unit B as a short-term rental. Sincerely, Souad and Khalid Belmadani t i -----r. \ 1L1 .____---,..-..-3 -.0------ ---- ' \ • _______ . it -- -- ' ,1 (1) Vd', 4.0_ — ,- _ 7 S , 1 t -.. t,r----- , / ,‘,.. .. ,..-.. . ___ '1\i; ,. li w\\\'' * • , 404 00 , 1.- , 1' i : , ,k , r- -,.-' -- -- Ba‘tic Poien‘le __----- ',F• Baltic Pielltle 93 -- '‘ ----coo too:ye( — 40i , , . „... \ ,, • „„ ,,, ce CD 0 rat \ \ \ \ , . ..•10 = C c CO 0 1:1 > ‘ , • _____ \ ' E a \ l \ \ \ v....3 . _ c.) 0 n co as 13 co .., , cti 0 m. 0 vt U) a 0 o . , .... ___:--;--- \ \ \ , to . ) _V ., ti) .... , .4 \ , ! .Z. V • \ a) F g g -J 4) ii E E. k u) Nj a. e3 . , / Hu fob ..„:„. ,T CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SOUAD BELMADANI [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 1804C Baltic Avenue (GPIN 24270722830000). COUNCIL DISTRICT — BEACH MEETING DATE: February 4, 2020 ■ Background: This 1,980 square-foot parcel is zoned OR Oceanfront Resort, and is located within the Vibe Creative District. The lot consists of one townhome; however, a total of five connected townhome dwellings are in the row. City records indicate this unit is a three-bedroom dwelling. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine. The minimum number of parking spaces required for this use is one space per bedroom, or three spaces in this instance. After construction of these five townhomes was complete, illegal compacted gravel parking spaces were added over the underground stormwater management system. A condition to correct this issue was added in the staff report, but the applicant worked proactively with staff and has since corrected the matter. The property is also within the boundaries of the Residential Parking Permit Program (RPPP) where on-street parking is limited. Consequently, a condition is recommended to limit the number of guest and temporary passes while the Conditional Use Permit is active. • Considerations: This site is located within the ViBe Creative District, which is home to a myriad of commercial and residential uses with an emphasis on arts and culture. This Short- Term Rental use proposal would add a smaller scale lodging option to the area and will complement the unique and creative focus of the district. Moreover, the requirements of Section 241.2 of the Zoning Ordinance regulating Short-Term Rentals can be reasonably met by the applicant. All required parking is accommodated on the site, two in the driveway and one within a garage. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. Four letters of support were received by staff. Those letters came from the adjacent townhome owners. Souad Belmadani Page 2 of 4 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The following conditions apply to the unit requesting a Short Term Rental Conditional Use Permit. Short Term Rental shall only occur in the principal structure addressed as 1804C Baltic Ave. 2. The garage space within the unit must remain a minimum of 9-feet by 18- feet, contain a minimum 8-feet wide vehicle entryway opening, and be accessible to the Short Term Rental tenants. 3. As depicted on the Zoning Administrator approved Parking Plan titled "Parking Plan for 1804 Baltic Av, Unit C," dated November 14, 2019 and created by Souad Belmadani, a minimum of three (3) on-site parking spaces must be available to the occupants of the Short Term Rental and be maintained with an all-weather surface. 4. An appropriate site plan must be submitted to the Department of Planning and Community Development - Development Services Center Division for review if the applicant would like to keep the compacted gravel area shown on the parking plan located on page 4 of the submitted Conditional Use Permit application. If approval is not granted by the Department of Planning and Community Development-Development Services Center Division, then the compacted gravel area must be restored to its original state as shown on the site plan created by John E. Siren and Associates, dated 03/21/2016 (with an as-built date of 05/29/2019), and tiled, "Site Plan of Lot 10-A, Resubdivision of Lot 9, 10 and Lot 11, Block B, Plat of Property of Virginia Beach Park Corp for K&B Construction," which is on file with the Department of Planning and Community Development within record numbers 2019-DSC-00257 and 2019-DDSC-009500 5. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 6. Unless a field change or other site plan modification is approved by the Planning Director, all required tree canopy, landscaping, and outdoor amenity space improvements as shown on sheet 6 of the site plan approved by the Development Services Center Division of the Planning and Community Development Department and more specifically titled, "Landscape Plan," created by Pauline Hundley of Four Seasons Nursery for John E. Sirine and Associated on 01-18-2017, shall remain in place and be maintained in good condition. Souad Belmadani Page 3of4 7. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however, the Department of Planning and Community Development shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where it has been the subject of neighborhood complaints, violations of its conditions, or violations of any building, housing, zoning, fire, or other similar codes. 8. No events with more than fifty (50) people present, shall be held absent a special event 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. 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 10.If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a" through "c" below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental registration form; b. Copies of the Commissioner of Revenue's office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 11.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 13.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code sections 23- Souad Belmadani Page 4 of 4 69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 14.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. 15.Accessory structures shall not be used or occupied as Short Term Rental. 16.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 17.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 18.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be nine (9) individuals (three (3) individuals per bedroom.) 20.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and be accessible to the Short Term Rental tenants. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departmentg7 City Manager: L r 5 ABApplicant and Property Owner: Souad Belmadani Agenda Item Public Hearing:January 8, 2020 City Council Election District: Beach 16 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation I , " Approval r a 0 Staff Planner S William Miller r .--0 � 11 Location •�r 1804 C Baltic Avenue 6 0'11-1.1fill s glow oil" GPIN tii�Ilir 24270722830000 1 ‘ 111111.00;41111Piiira rill"."..411.6k .\ Site Size 1,980 square feet • 101111 ille% Existing Land Use and Zoning District Townhome Dwelling/OR Oceanfront Resort (VIBE District) Surrounding Land Uses and Zoning Districts — , -0 North Aii'`: Townhomes/OR Oceanfront Resort (VIBE District) �J " South '4(., i -:„. . , , ' Townhomes/OR Oceanfront Resort (VIBE . District) 01 . East �' F -- Baltic Avenue ; I ";'" Commercial (Funeral Home)/OR Oceanfront Resort (VIBE District) ‘ .,, — pF ..- Vic? West �';� ,Y Commercial (Craft Brewery)/OR Oceanfront Resort (VIBE District) .A :f - x -, Souad Belmadani Agenda Item 16 Page 1 Background and Summary of Proposal Site Conditions and History • The site is a 1,980 square foot parcel located within the OR Oceanfront Resort Form Based Code District (ViBe District). • A total of one townhouse dwelling is located on Lot 3.There are a total of five townhouses in the existing row. • According to City records, this dwelling was constructed in 2019. • There is a gravel parking area next to the driveway that is in violation of the Development Services Center(DSC) approved site plan. The gravel area sits atop a stormwater management system and was supposed to be maintained as grass or landscaping. • Except for the compacted gravel parking pad abutting the driveway, all other parcel improvements appear to match the DSC approved as-built site plan dated July 25, 2019. • No previous zoning violations or City Council actions were found relating to this address. Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for a townhouse dwelling located on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided: 3 (2 in the driveway and 1 in the garage) Souad Belmadani Agenda Item 16 Page 2 OR 00,,SV, ` OR °ROR Zoning History w �. # Request 1 S 1 CUP(Craft Brewery and Open-Air market)Approved - • svM` P 11/07/17 tis�h 'l OR'•. �- OR� Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation and Recommendation The site is located within the ViBe Creative District, which is home to a myriad of commercial and residential uses with an emphasis on arts and culture. This Short Term Rental use proposal would add a smaller scale lodging option to the area and will complement the unique and creative focus of the district. Moreover, the requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met by the applicant; however, a condition has been added addressing the illegal conversion of the pervious area between driveways to gravel. In addition,the proposed Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP).This program was established to ensure the protection of stable residential neighborhoods while addressing the need for employee parking for businesses at the oceanfront. As the site is within the designated RPPP area, where on-street parking is limited, a condition is recommended to limit the number of guest and temporary passes while the Conditional Use Permit is active. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions apply to the unit requesting a Short Term Rental Conditional Use Permit. Short Term Rental shall only occur in the principal structure addressed as 1804C Baltic Ave. 2. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-feet wide vehicle entryway opening, and be accessible to the Short Term Rental tenants. 3. As depicted on the Zoning Administrator approved Parking Plan titled "Parking Plan for 1804 Baltic Av, Unit C," dated November 14, 2019 and created by Souad Belmadani, a minimum of three (3) on-site parking spaces must be available to the occupants of the Short Term Rental and be maintained with an all-weather surface. Souad Belmadani Agenda Item 16 Page 3 4. An appropriate site plan must be submitted to the Department of Planning and Community Development- Development Services Center Division for review if the applicant would like to keep the compacted gravel area shown on the parking plan located on page 4 of the submitted Conditional Use Permit application. If approval is not granted by the Department of Planning and Community Development-Development Services Center Division,then the compacted gravel area must be restored to its original state as shown on the site plan created by John E.Siren and Associates, dated 03/21/2016(with an as-built date of 05/29/2019), and tiled, "Site Plan of Lot 10-A, Resubdivision of Lot 9, 10 and Lot 11, Block B, Plat of Property of Virginia Beach Park Corp for K&B Construction," which is on file with the Department of Planning and Community Development within record numbers 2019-DSC- 00257 and 2019-DDSC-009500 5. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP)shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 6. Unless a field change or other site plan modification is approved by the Planning Director,all required tree canopy, landscaping,and outdoor amenity space improvements as shown on sheet 6 of the site plan approved by the Development Services Center Division of the Planning and Community Development Department and more specifically titled, "Landscape Plan," created by Pauline Hundley of Four Seasons Nursery for John E. Sirine and Associated on 01-18-2017, shall remain in place and be maintained in good condition. 7. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however,the Department of Planning and Community Development shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where it has been the subject of neighborhood complaints,violations of its conditions, or violations of any building, housing, zoning, fire, or other similar codes. 8. No events with more than fifty(50) people present,shall be held absent a special event 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. 9. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator, or agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 10. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a"through "c" below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental registration form; b) Copies of the Commissioner of Revenue's office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. Souad Belmadani Agenda Item 16 Page 4 13. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 14. 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. 15. Accessory structures shall not be used or occupied as Short Term Rental. 16. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 17. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 20. To the extent permissible under state law, interconnected smoke detectors (which may be wireless),a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. Four letters of support have been received by Staff relating to 1804C Baltic Ave. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on December 9, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, December 22, 2019, and December 29, 2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 20, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on January 2, 2020. Souad Belmadani Agenda Item 16 Page 5 City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 19, 2020, and January 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 17, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 31, 2020. • Four letters of support have been received by Staff relating to this request. Souad Belmadani Agenda Item 16 Page 6 Site Layout and Parking Plan 20'ALLEY EASEMENT PERAINAGE PLATT DRAINAGE C (20'ALLEY PER PLAT) STRUCTURE 1 1 & Each parking ¢s_- 23.92' / \ moor 1 18.00f �� 18.00;! \ 18.00'' � 23.?' space is required I DRAINAGE 1 .� 21STRUCTURE 51' to be 9' x 18' Ft. II T85 —1 L _In j 1 - -1 i __ One parking w 2 space is in the II NIT , 2 NCI � I garage a1 1 1Ix5'a i 11 1 8� 3 $ 1 I o 3 17 TORY W 3 • I e LOT 6 LOT 5 LOT 4 1 phi FRAME LOT 2 LOT 1 g or BUILDING r 1 - re. #1804C S lo z Za g 6 a 5 2' 15 • 54'4.9 '- DRAINAGE _ _J '4'w R=10.00' STRUCTURE -+ — -- I A..15.71' O ' -- - - - ~ q 23.92' OT'r 18.00' 315' 18.0O00' I". 18.00 .oq� 18.00'j 'ce 2300' I oiy 4'PRIVATE DRAINAGE DRAINAGE '94-E'RENc Ro EA�fSEMEN T PER PLAT STRUCTURE • BALTIC AVENUE 1, '�� (60'RIGHT GF WAY PER PLAT) Souad Belmadani Agenda Item 16 Page 7 Site Photos M Itl/3 • - ; • Ill • -,_ i Li.,.., . _ Ay . ,,. _ , .. .. _.,.... ._ I ,„„ mo`a k. r- ' ■ ■ I ow ,r (Ill�lili liilll�II 111 IWlli 1 IFS t{ " time II II III�I Ili l�r III "'i�jj II�III I I(E _, f , i ' III E i # .' f II I _ 11III II.ilk T.. f FF 8 ...8 f } a N 0 , El.„. E 9 el NJFH -[ Eli , ‘ HI ..._ _I. ; . sill. _ ....„ F --ilk —II k= D114;''ala- -.---' ate- n_u,. IIIP ill& - -,-- ....t.._ ,_ Compacted gravel parking areas were not approved by DSC—See condition #4 Souad Belmadani Agenda Item 16 Page 8 Disclosure Statement APPLICANT'S NAME SQUAD BELMADANI DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development andjor use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property j Disposition of City Modification of by City _Property Conditions or Proffers Alternative Economic Development 1Nonconforming Use Compliance,Special Investment Program 1 Changes Exception for _(EDIP) __ 1 Board of Zoning Appeals I Encroachment Request Rezoning Certificate of j Floodplain Variance Appropriateness i Street Closure (Historic Review Board) I Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance i Board _ _ L __ _ [Conditional Use Permit j [License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE r A?CM'MC ONLY I•\ ;i .ci% ,�:::�+u-'t+'•i;;'c�;-3( .:,!t . ra::i-., ?0- Page 1 of 7 P!d�Mu.r.:_.Lh.(•iOil3 ('t.Cc o%hnn i APt•1JCAN r 1 GT!FIP0 I+F rimy t , i o{ ✓- El No Cti-,NC o. dt t3.2020_ ❑ !REVISIONS SWAT-Ea) L Witt Souad Belmadani Agenda Item 16 Page 9 Disclosure Statement tii; itu Beach A Check here if the APPLICANT 1S_NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT !S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC,list all member's names: If a CORPORATION, list the the names of all officers,directors,members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 1.:4 Check here if the PROPERTY OWNER 15 NOT a corporation,partnership,firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name: If an LLC,list the member's names: Page 2 of 7 Souad Belmadani Agenda Item 16 Page 10 Disclosure Statement 1 trtr7;irtia health If a Corporation,list the names ofall officers,directors, members,trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the aoolication or anvbusiness.gperating or to be operated on the.Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY --.._ _�---• ____.._-.. -� Page 3 of 7 Souad Belmadani Agenda Item 16 Page 11 Disclosure Statement IRA APPLICANT Virginia Beach YES NO I SERVICE J PROVIDER(use additional sheets in _ needed) Accounting and/or preparer of your tax return U X Architect/Landscape Architect/ iC_J Land Planner Contract Purchaser(if other than the Anollcant)-identify purchaser and purchaser's service providers Any other pending or proposed I I purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ® Engineers/Surveyors/Agents 1 q(. ! 49 C Financing(include current ANK OF AMERICA ® - mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ Q ® Agents/Realtors for current and anticipated future sales of the Lubject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have El ® i an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Souad Belmadani Agenda Item 16 Page 12 • Disclosure Statement CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A li tion. SQUAD BELMADANI 10/22/19 APPLICANTS SIGNATURE PRINT NAME DATE • • Page 5 of 7 Souad Belmadani Agenda Item 16 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Souad Belmadani Agenda Item 16 Page 14 r Item#16 Souad Belmadani Conditional Use Permit(Short-Term Rental) 1804 Baltic Avenue, Unit C January 8, 2020 RECOMMENDED FOR APPROVAL-CONSENT Mr. Weiner: Thank you. Is there any opposition to this being placed on the consent agenda? Okay,the next items on the consent agenda are for short term rental. The planning commission places the following applications for the great conditional use permit for short term rental and a consent agenda as these applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications and there's no known opposition for the following items 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25 and 26. That being said, I move for approval on the consent agenda items 1, 2, 5, 6, 7, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22,23, 24, 25, and 26. Mr.Redmond: Madam Chair? Ms. Oliver: Yes sir. Mr.Redmond: I'm going to support the all of these on consent. However, I would note that with regard to a specific B-2 agenda item number five of Town Center Associates 12, LLC, I will be abstaining. I'm a commercial real estate broker with Divaris Real Estate, Inc. Divaris Real Estate,Inc.leases and manages the Town Center and various principles of the company where I work, our principals in Town Center Associates. I don't believe very frankly that that affects me in any way. I've never earned a nickel from the Town Center, but for purposes of appearance, I nonetheless tend not to vote on these matters. So I will abstain in this case. Ms. Wilson,does that satisfy your legal requirements? Ms.Wilson: Yes sir. Mr. Redmond: Okay. Thank you. Mr. Horsley: I second. Mr. Sandloop: The vote is open. By recorded vote of 9-0,agenda items one,two,five with Commissioner Redmond abstaining from agenda item five, six, seven, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22,23, 24,25 and 26 have been approved by consent. Ms. Oliver: Okay, thank you. And I'd like to thank all the applicants today who had a matter on the consent agenda at this hearing and these items will be scheduled for hearing at the City Council agenda. And so if you don't have any further business,if you were on the consent agenda, this would be a great time for you to leave. We'll give everybody a second to leave. All right. Thank you. The next order of business will be to address the remaining matters on our agenda. And with our City Clerk,please call the first item. 1 AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE CONDITIONS 1. The following conditions apply to the unit requesting a Short Term Rental Conditional Use Permit. Short Term Rental shall only occur in the principal structure addressed as 1804C Baltic Ave. 2. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-feet wide vehicle entryway opening, and be accessible to the Short Term Rental tenants. 3. As depicted on the Zoning Administrator approved Parking Plan titled"Parking Plan for 1804 Baltic Av, Unit C," dated November 14, 2019 and created by Souad Belmadani, a minimum of three(3) on-site parking spaces must be available to the occupants of the Short Term Rental and be maintained with an all-weather surface. 4. An appropriate site plan must be submitted to the Department of Planning and Community Development- Development Services Center Division for review if the applicant would like to keep the compacted gravel area shown on the parking plan located on page 4 of the submitted Conditional Use Permit application. If approval is not granted by the Department of Planning and Community Development-Development Services Center Division, then the compacted gravel area must be restored to its original state as shown on the site plan created by John E. Siren and Associates, dated 03/21/2016 (with an as-built date of 05/29/2019), and tiled, "Site Plan of Lot 10-A, Resubdivision of Lot 9, 10 and Lot 11, Block B, Plat of Property of Virginia Beach Park Corp for K&B Construction,"which is on file with the Department of Planning and Community Development within record numbers 2019-DSC- 00257 and 2019-DDSC-009500 5. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 2 6. Unless a field change or other site plan modification is approved by the Planning Director, all required tree canopy, landscaping, and outdoor amenity space improvements as shown on sheet 6 of the site plan approved by the Development Services Center Division of the Planning and Community Development Department and more specifically titled, "Landscape Plan," created by Pauline Hundley of Four Seasons Nursery for John E. Sirine and Associated on 01-18-2017, shall remain in place and be maintained in good condition. 7. This Conditional Use Permit shall expire five(5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however, the Department of Planning and Community Development shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where it has been the subject of neighborhood complaints, violations of its conditions, or violations of any building, housing, zoning, fire, or other similar codes. 8. No events with more than fifty (50)people present, shall be held absent a special event 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. 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 10. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a"through "c"below. This information must be submitted to the Depaitiiient of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental registration form; b) Copies of the Commissioner of Revenue's office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 13. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 3 14. 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. 15. Accessory structures shall not be used or occupied as Short Term Rental. 16. No signage shall be on-site, except one(1), four(4) square foot sign,may be posted on the building which identifies the Short Term Rental. 17. The Short Term Rental shall have no more than two (2)rental contracts during any consecutive seven(7) day period. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three(3) individuals per bedroom. 20. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 4 0 \ 3 o 0 ,,-- , 0 ,__----ix______s,___,__\ _ ,_ v .\ „ :N a La 0_0 < i _r‘--) a :r. > wit 1 ....... - 0 0 % isky ___-- 41( • I— —IILO _ a tn m \...i,Vr__--------wwGA',en .-_- 0 Ti .,. ...___-_ -^--"-------------74.- --‘i*.'.1.*-----"-- \ ofk, ql1 A' \ . 0 , litil ,„. 011011° ,... . . cn wco 0..... cn 0 \ CO \ wit Q N Q ` . .,\ C\ ig . \., . D _____---cli3 ci3 1 . --•-.. .M November 11, 2019 To: Souad Belmadani, 1804 Baltic Avenue, Unit C Virginia Beach, Virginia 23451 Dear Souad, I have no objections and I am in support of your application for a conditional use permit for a short-term rental located at 1804 Baltic Avenue - Unit C, in compliance with the Virginia Beach Short-term Ordinance. Sincerely, (211.%Az Lois very 1804 Baltic Avenue, Unit Virginia Beach, Virginia 2345 • • F fit` M.•�',j Yy a • • 0!•V.ct'� -kL+ $•" -J S{,t t a+.,tR.,' .'r • •.may, a «��•'. c-S 1y. . St ram': S A v. , •.a,'Y r ,, k x rs v „+ k• y ef• p: t va•• 7w •S. t. 76 3 Yr 1- � µ Y Fr 11 L y Min- . November 11, 2019 To: Souad Belmadani, 1804 Baltic Avenue, Unit C Virginia Beach, Virginia 23451 Dear Souad, I have no objections and I am in support of your application for a conditional use permit for a short-term rental located at 1804 Baltic Avenue - Unit C, in compliance with the Virginia Beach Short-term Ordinance. Sincerely, (/(/C'C - Zit' �` Y/v�J�iYkl v1J Le Simmons 1804 Baltic Avenue, Unit B Virginia Beach, Virginia 23451 • November 11,2019 To: Souad Betmadani, 1804 Baltic Avenue, Unit C Virginia Beach,Virginia 23451 Dear Souad, I have no objections and I am in support of your application for a conditional use permit for a short-term rental located at 1804 Baltic Avenue - Unit C. in compliance with the Virginia Beach Short-term Ordinance. l I Sincerely, l Is Brandy Flttten . ` 1804 Baltic Avenue, Unit 'T). Virginia Beach,Virginia 23451 y?, Vim• yw,�,.' �4. in s.�r $`i . we- 1. ♦ .4, 1. . - fi? • lY _2' December 21, 2019 To: Souad Belmadani, 1804 Baltic Avenue, Unit C Virginia Beach, Virginia 23451 Dear Souad, I have no objections and I am in support of your application for a conditional use permit for a short-term rental located at 1804 Baltic Avenue - Unit C, in compliance with the Virginia Beach Short-term Ordinance. Sincerely, Star and Austin Boyles 1804 Baltic Avenue, Unit E Virginia Beach, Virginia 23451 \\ , Aft. ., woo rq� W \,,‘. 1 Q LO Ili _ tom' ' ti i''\\\ \1 \ \ \ _ram O \\ R , t 1' Avenue , r .0 , ._ At1a nti� ca_ , '11 .•, , v-----1, C CA > I-`, co — y ti 1 r •- ti \ 1 �4 \� \__-_1 0 �/ _ _ co tLi ', �\' - \\� it .i\t“.....,j,. Q CO \ r 0 , ... 4., , . .... ,,_ ....„, .. „, „„ . 0 0 , '`' co , N U) o W s Ca W o t n ti P. 1 , ----'-- 1 .4 \ \ \--) \ 1411,) y \ \ f. C o CD CO Cr)t!. '\k ' '"tr i ' -\\:11'‘1 it,'';i i,4,-. 4-4, iiii- ti t_ f t I, , t 1ti ,y —1 z N R 5 u� a CO VA......1 1 . s" ti ( 0uz r'OS CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ELIZABETH ANNE GREGORY [Applicant & Property Owner] Conditional Use Permit Short Term Rental for the property located at 635 S. Atlantic Avenue. (GPIN 2426396228). COUNCIL DISTRICT — BEACH MEETING DATE: February 4, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental on this 5,006 square-foot parcel zoned R-10 Residential. There is one four-bedroom, single-family dwelling on the site. The maximum occupancy for guests on-site after 11:00 p.m. for a four-bedroom Short Term Rental is twelve. The minimum number of parking spaces required for this use is one per bedroom, or four spaces in this case. • Considerations: This property is located in a single-family residential neighborhood. All required parking for the Short Term Rental use is provided in the driveway. All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. A Letter of opposition was received about the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The approval of this Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 2. 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. Elizabeth Anne Gregory Page 2 of 3 3. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 4. If or when the ownership of the property changes, the new property owner shall provide the updated information (a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property; otherwise, the use of the Short Term Rental shall be null and void. a. The owner/operator contact information; b. Registration with the Commissioner of Revenue's Office; and c. Proof of liability insurance. 5. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 6. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 7. 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. 8. Accessory structures shall not be used or occupied as Short-Term Rental. 9. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short-Term Rental. 10. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 11. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 12. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 13. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be twelve (12) individuals (three (3) individuals per bedroom.) Elizabeth Anne Gregory Page 3 of 3 14. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department�k City Manager: I � Applicant and Property Owner: Elizabeth Anne Gregory Agenda Item Public Hearing:January 8, 2020 City Council Election District: Beach 1 7 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner Kevin Hershberger Location 635 South Atlantic Avenue GPIN 24263962280000 Site Size 5,006 square feet Existing Land Use and Zoning District Single-family dwelling/ R-10 Residential Surrounding Land Uses and Zoning Districts North Alley Single-family dwellings/ R-10 Residential -dog e South Single-family dwellings/ R-10 Residential East SO South Atlantic Avenue r Single-family dwellings/ R-10 Residential ,_ y West Single-family dwellings/ R-10 Residential " } • Elizabeth Anne Gregory Agenda Item 17 Page 1 Background and Summary of Proposal Site Conditions and History • The 5,006 square foot parcel is zoned R-10 Residential District. • City records indicate that the site is developed with a single-family dwelling constructed in 1985. • There are no previous Council actions or zoning violations on the property. Summary of Proposal • Number of bedrooms in the Short Term Rental: 4 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 12 • Number of parking spaces required (1 space per bedroom required): 4 • Number of parking spaces provided: 5 ° Zoning History # Request 1 STC(portion of alley)Approved 03/23/2004 \113- vostan Read 10� Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR Short Term Rental Evaluation and Recommendation This Conditional Use Permit is for the use of a single-family home within the Croatan neighborhood as a Short Term Rental. It is registered with the Commissioner of Revenue's Office. All required parking is provided on site. No signage has been proposed yet. No letters of opposition or support have been received. Base on the considerations above, Staff recommends approval of this request with the conditions listed below. Elizabeth Anne Gregory Agenda Item 17 Page 2 Recommended Conditions 1. The approval of this Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short-Term Renal, where the Short-Term Renal has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 2. 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. 3. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short-Term Renal within thirty (30) minutes. Physical response to the site of the Short-Term Renal is not required. 4. If or when the ownership of the property changes,the new property owner shall provide the updated information (a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property; otherwise, the use of the Short-Term Renal shall be null and void. a) The owner/operator contact information; b) Registration with the Commissioner of Revenue's Office; and c) Proof of liability insurance. 5. To the extent permitted by state law, each Short-Term Renal must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 6. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 7. 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. 8. Accessory structures shall not be used or occupied as Short-Term Renal. 9. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short-Term Renal. 10. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 11. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 12. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 13. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be twelve (12) individuals (three (3) individuals per bedroom.) Elizabeth Anne Gregory Agenda Item 17 Page 3 14. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short-Term Renal. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 9, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, December 22, 2019 and Sunday, December 29,2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 20, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on January 2, 2019. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 19, 2020, and January 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 17, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 31, 2020. • Enter number of letters here letters of support/opposition have been received by Staff noting concerns related to x,y,z. One letter of opposition has been received. Elizabeth Anne Gregory Agenda Item 17 Page 4 Site Layout and Parking Plan 1 I ... I ... I I 15' ALLEY (UNDEVELOPED) , PIN(F) 0'2 N 0414'15u W 0.2' QPIN1F) N or - ' 50.00' / ______0.3, 5 — 5' WOOD FENCE ' WOOD FENCE- JUNGLE GYM ) ) 2[!.....g. cm• - 1*— 30 2' 10.0'. > I-1-1 0 I Single- 1 . .4- 0 13 'in ° 7 -- - family -3 -.: o) ;‘,' 15 :4- g 00 ll dweing 1 . U) In . I..1 — CHIMNEY 16 I OVERHANG , I\ : •',,, L1/4. • 1C7. •• -• LINE OF 2nd. & x 3rd. FLOOR DECK- -,-) —3' SPLIT RAIL FE 5 Parkin! ' 4 3' SPLIT RAIL FENCE— - - - space x 0.3' 1 00'_ TO CROATAN RD. -i PIN(F) S 0' ' • I fpINV (FORMERLY CAROLINA AVE.) ! • lr, )r. SOUTH ATLANTIC AVE. (50' R/W) '4 (FORMERLY CHAUTAUQUA AVE.) l' Du vct t-%A I CI I P\/PY Elizabeth Anne Gregory Agenda Item 17 Page 5 Site Photos a,t '` 11llii+ ill ' '` = �` .� -,, ' _—,, idilllliiii�„�i� 'I!;!II '� r (Hlfi�°!'lil��i:I ion MEI IMO '.7 I ill $k f a 4 . t i I _ �ne "gip _ << - O M 1 a ill . A fit. r. Elizabeth Anne Gregory Agenda Item 17 Page 6 Disclosure Statement Iji3 Virginias aeaah 'APPLICANT'S NAME Elizabeth Anne Gregory DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for __ 1 (EDIP) . Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement I Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 f SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(22)weeks prior to any Page 1 of 7 Planning Commission and Cit,Council meeting that pertains to the a>;'llcationis1. AiyfroAPPLICANT NOTIFIED OF HEARING DATE. /®0_ / . E/ AI/ra NO CHANGES AS OF DATE' /�/y7 �f, /'l` 4i1 REVISIONS SUBMITTED DATE: ///•+f/z i"-�'/.r✓ /0"5 Ayer Elizabeth Anne Gregory Agenda Item 17 Page 7 Disclosure Statement Virginia Beach Check here if the APPLICANT_1S JtCIT a corporation, partnership, firm, business, or other unincorporated organization. LiCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Eliazabeth Anne Gregory If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes] and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: Elizabeth Anne Gregory If an LLC, list the member's names: Page 2 of 7 Elizabeth Anne Gregory Agenda Item 17 Page 8 Disclosure Statement Mr3 Virginia Bea& If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership Interest In the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities, Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating__or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Elizabeth Anne Gregory Agenda Item 17 Page 9 Disclosure Statement APPLICANT Virginia Beach • YES NO ] SERVICE i PROVIDER (use additional sheets if needed)_ r Accounting and/or preparer of { \F your tax return I I X Architect/Landscape Architect/ f ' Land Planner Contract Purchaser(if other than X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed U 1 purchaser of the subject property l'' (Identify purchaser(s)and purchaser's service providers) XX Construction Contractors F. Engineers/Surveyors/Agents Financing(include current EJ Iv IL mortgage holders and lenders Lam: selected or being considered to provide financing for acquisition or construction of the property) I I ® Legal Services Real Estate Brokers / f 1 X Agents/Realtors for current and I-1 anticipated future sales of the subject property a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee of the City of Virginia Beach have v! an interest in the subject land or any proposed development /�} I contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Elizabeth Anne Gregory Agenda Item 17 Page 10 Disclosure Statement m Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this 'Application. , __ -- C 1 r Z/1 •'3 e f Lrz E�.i- Ia 12 / APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Elizabeth Anne Gregory Agenda Item 17 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Elizabeth Anne Gregory Agenda Item 17 Page 12 Item#17 Elizabeth Anne Gregory Conditional Use Permit(Short-Term Rental) 635 South Atlantic Avenue January 8, 2020 RECOMMENDED FOR APPROVAL-CONSENT Mr.Weiner: Thank you. Is there any opposition to this being placed on the consent agenda? Okay,the next items on the consent agenda are for short term rental. The Planning Commission places the following applications for the conditional use permit for Short Term Rental on the consent agenda as these applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications and there's no known opposition for the following items 14, 15, 16, 17, 18, 19, 21,22, 23,24, 25 and 26. That being said, I move for approval on the consent agenda items 1,2, 5, 6, 7, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22,23,24,25,and 26. Mr.Redmond: Madam Chair? Ms. Oliver: Yes sir. Mr.Redmond: I'm going to support the all of these on consent. However,I would note that with regard to a specific B-2 agenda item number five of Town Center Associates 12, LLC, I will be abstaining. I'm a commercial real estate broker with Divans Real Estate,Inc. Divans Real Estate, Inc. leases and manages the Town Center and various principles of the company where I work, our principals in Town Center Associates. I don't believe very frankly that that affects me in any way. I've never earned a nickel from the Town Center, but for purposes of appearance, I nonetheless tend not to vote on these matters. So I will abstain in this case. Ms. Wilson, does that satisfy your legal requirements? Ms.Wilson: Yes sir. Mr.Redmond: Okay. Thank you. Mr.Horsley: I second. Mr. Sandloop: The vote is open. By recorded vote of 9-0,agenda items one,two,five with Commissioner Redmond abstaining from agenda item five, six, seven, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25 and 26 have been approved by consent. Ms. Oliver: Okay, thank you. And I'd like to thank all the applicants today who had a matter on the consent agenda at this hearing and these items will be scheduled for hearing at the City Council agenda. And so if you don't have any further business,if you were on the consent agenda, this would be a great time for you to leave. We'll give everybody a second to leave. All right. Thank you. The next order of business will be to address the remaining matters on our agenda. And with our City Clerk,please call the first item. 1 AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND _AYE WALL AYE WEINER AYE CONDITIONS 1. The approval of this Conditional Use Permit shall expire five(5)years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short-Term Renal, where the Short-Term Renal has been the subject of neighborhood complaints, violations of its conditions or violations of any building,housing, zoning, fire or other similar codes. 2. 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. 3. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short-Term Renal within thirty (30) minutes. Physical response to the site of the Short-Term Renal is not required. 4. If or when the ownership of the property changes, the new property owner shall provide the updated information (a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property; otherwise, the use of the Short-Term Renal shall be null and void. a) The owner/operator contact information; b) Registration with the Commissioner of Revenue's Office; and c) Proof of liability insurance. 5. To the extent permitted by state law, each Short-Term Renal must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 6. 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 2 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 7. 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. 8. Accessory structures shall not be used or occupied as Short-Term Renal. 9. No signage shall be on-site, except one(1), four(4) square foot sign, may be posted on the building which identifies the Short-Term Renal. 10. A Short Term Rental shall have no more than two (2)rental contracts during any consecutive seven(7) day period. 11. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 12. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 13. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three(3) individuals per bedroom. 14. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short-Term Renal. 3 0 w Z w Q U_ 0 I- ;1110 a. ZN WO° l Q Q = Q0 2 Q _ O o -------'-�" O --n _ ~ N Atlantic Ave r ;� 3 , H 0 N 4( 0_ cc 0 1111 :\0 0 w N Z k73co2wco0 Q ' U 0 — J \ a w � '140( Vantp �! N 0 4ti �: RICHARD STRAV1TZ SCULPTURE FINE ART GALLERY Kevin Hershberger City of Virginia Beach Planning Department 2875 Sabre St. Virginia Beach, VA 23452 January 3, 2020 Re: Conditional use permit requested by Elizabeth Anne Gregory for short-term rental at 635 S. Atlantic Ave. As the owner and resident of 630 S. Atlantic Avenue, as well as the adjacent empty lot, I am categorically opposed to this permit being granted. My real estate tax money is an investment in my peace of mind and my privacy; I am privileged to live in a beautiful neighborhood with wonderful neighbors. The presence of renters drives down property values: renters in the neighborhood may be less willing to participate in the community because they have no reason to make a personal investment in a place where they will not reside long-term. The amount of maintenance and upkeep done on the rental property decreases as there is no longer a need to keep it in line with residents' expectations. As you proceed to a public hearing regarding this issue, I hope you will keep these things in mind, as well as my sincere desire to exercise caution in allowing negative change to the well-established, much-beloved Croatan section of the beach. Sincerely, Richard Stravitz 630 S. Atlantic Ave. Va. Beach, VA 23451 1217 Laskin Rd., Virginia Beach, Virginia 23451 Phone: 757-305-9411 fax: 757-305-9412 email: richardstravitzsculpturej),cox.net www.RichardStravitzSculpture.com \---- .e.,*-1' ka.....................----i __----- 1/2 • '`titi - ti co 0 ,; _ \ j100 CO in \ ,1-- - \\\3 to cu \ 00 \ te N �, V -- \\\„N, tit\ _____ __ . , , _ . ,,,„..,, . , „ _ _ - 1 ' _______--- _,..\ ..\_____,..____. 0 . , , ,,,,,,, \ \ ___ _ , , , , , „,.._____ , . _,., ti ' c. " .., ..., 0 ... „ \ . , ..„\\,, ,....„,, ,,,, 1 4 \' F- i =_�k \ E = to \ \i\h, ', ...--- --.. cz ,„ \ \'\ \*k \ A ergue 4.0 GyPal ue - o Poid � GyPe �_ ' ti S y 0 0 CA, hCO \ 0 . • w 3 1 \ J ,' ,' .� J v fl m , . / ro �s�rr CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: COASTAL ACCOMMODATIONS, LLC [Applicant] CHRISTOPHER HOLBERT [Owner] Conditional Use Permit Short Term Rental for the property located at 636 16th Street (GPIN 2417965182). COUNCIL DISTRICT — BEACH MEETING DATE: February 4, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental on this 6,250 square-foot parcel zoned R5-S Residential. There is one three- bedroom, single-family dwelling on the site. The maximum occupancy for guests on-site after 11 :00 p.m. for a three-bedroom Short Term Rental is nine. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this case. • Considerations: This property is located in a residential neighborhood with a mix of dwelling unit types. All parking for the Short Term Rental use is available on site, two spaces in the driveway and one space in a garage. As permitted by the Zoning Ordinance, the Zoning Administrator has reviewed the parking plan and determined it acceptable. All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 2. The garage must remain open to allow one parking space. 3. The approval of this Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative Coastal Accommodations Page 2 of 3 and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events 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. 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. a. If or when the ownership of the property changes, the new property owner shall provide the updated information (a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property; otherwise, the use of the Short Term Rental shall be null and void. a. The owner/operator contact information; b. Registration with the Commissioner of Revenue's Office; and c. Proof of liability insurance. 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. 9. Accessory structures shall not be used or occupied as Short Term Rental. 10.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 11.A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. Coastal Accommodations Page 3 of 3 12.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 13.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 14.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be nine (9) individuals (three (3) individuals per bedroom.) 15.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department-729/ City Manager: /{M 411\B Applicant: Coastal Accommodations, LLC Agenda Item Property Owner: Christopher Holbert Public Hearing:January 8, 2020 19 City Council Election District: Beach Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation _....''" —"`----- 111.1111011111 Approval Staff Planner 1111101 1 Kevin Hershberger 1 Olt 01100 Location1111110 636 16th Street �� GPIN � , � ., 2417965182ink Site Size \ 6,250 square feet '.. I. ''''' Existing Land Use and Zoning District Single-family dwelling/ R-5S Residential Surrounding Land Uses and Zoning Districts North 16th Street ;t t, '�, _ . im' ♦ '`; , Apartments/ RT-3 Resort Tourist - , . , 1 ''ka °' _ •k. South !► "1 = ' . . _ E : t Single-family dwellings/ R-5S Residential % t � East ! _ �r . w !. •Single-family dwellings/ R-5S Residential - "` '` { . o4 West ',` sad- `'. s j Cypress Avenue � y x t Single-family dwellings/ R-5D Residential - t- -�y[�� ;. ;x VI ;, , ' 9r- '''' 411 - ,,‘ ,„An kit-, � a ' # "��' ik V a ~• ��P i w 6 .ra i'a :. ram' �`- ,, Coastal Accommodations Agenda Item 19 Page 1 Background and Summary of Proposal Site Conditions and History • The parcel is 6,250 square foot and is zoned R5-S Residential District. • City records indicate that there is one single-family dwelling on the site constructed in 2009. • There are no previous Council actions or zoning violations on this property. Summary of Proposal • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided: 3 OR `U OR � U ° cooLIP` \ `� RS �(\ i 1 RT•3 \ \ i A•t ' Ira ta stool' 36 v � R - ZoningHistory i _ C # Request C ❑ � 0• 1 REZ(A-12 to R-5S)Approved 04/17/2018 0 t r ` �,� 1�0 2 sVR(to section 4.4(b))Approved 01/09/2000 ,n '\ ,___, ‘ ‘----\., r., - _R i5tti Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation This Conditional Use Permit is for the use of a three bedroom single-family home as a Short Term Rental. The required three parking spaces are provided on site, two spaces in the driveway and one in the garage. While not required at this point in the process, proof of liability insurance for$1,000,000 has been provided. No signage has been proposed yet. No letters of opposition or support have been received. In addition, the proposed Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP). This program was established to ensure the protection of stable residential neighborhoods while addressing the need for employee parking for businesses at the oceanfront. As Coastal Accommodations Agenda Item 19 Page 2 the site is within the designated RPPP area, where on-street parking is limited, a condition is recommended to limit the number of guest and temporary passes while the Conditional Use Permit is active. Base on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 2. The garage must remain open to allow one parking space. 3. The approval of this Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short-Term Renal, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events 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. 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short-Term Renal is not required. 6. If or when the ownership of the property changes, the new property owner shall provide the updated information (a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property; otherwise, the use of the Short Term Rental shall be null and void. a) The owner/operator contact information; b) Registration with the Commissioner of Revenue's Office; and c) Proof of liability insurance. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. Coastal Accommodations Agenda Item 19 Page 3 12. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on December 9, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, December 22, 2019, and December 29, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 24, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on January 2, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 19, 2020, and January 26, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 17, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 31, 2020. Coastal Accommodations Agenda Item 19 Page 4 Site Layout and Parking Plan 16th Street -n t_ r CI, P P cn Single- (f7 P family clwl -c , r40 r1 Coastal Accommodations Agenda Item 19 Page 5 Site Photos a.: ow,;,,`- , i r..„ . f '..14' ' -" .4..,,-', ;'....t:. :. . - •',; l'i„:;_, . -•S '. -_,Akt..,::::-...---1„„ :, , ..----_,.,._, --z_ in tsilb 4. .4. 1-IT. -�� i - `'-- , � y G! ilimmomimumummimmai e. 3;-" ' ... t ON , X "sev- 4Y�, 4 , Coastal Accommodations Agenda Item 19 Page 6 Disclosure Statement N113 Virginia Beach APPLICANT'S NAME Coastal Accommodations, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City 1 Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes t Exception for (EDIP) Board of Zoning I Encroachment Request Rezoning Appeals Certificate of 7 Floodplain Variance ' Appropriateness (- -- Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board _Conditional Use Permit ! License Agreement • Wetlands Board 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to arty g Planning Commission and City Council meeting that pertains to the application(s). �]a APPLICANT NOTIFIED OF HEARING DATE. j/ „el:4a NO CHANGES AS OF DATE: A-I, REVISIONS SUBMITTED DATE: r /,y4o Coastal Accommodations Agenda Item 19 Page 7 Disclosure Statement Virginia Beach F- Check here if the APPLICANT_IS NOT a corporation, partnership, firm, business,or other unincorporated organization. IXCheck here if the APPLICANT JS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Coastal Accommodations, LLC If an LLC, list all member's names: Caroline Camp Harrison,Sheppard Atkinson If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A See next page for information pertaining to footnotes' and 2 + s SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Inl Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:Christopher Holbert If an LLC, list the member's names:Christopher Holbert Page 2 of 7 Coastal Accommodations Agenda Item 19 Page 8 Disclosure Statement ;5y,:; Virginia Beach if a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) None "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code g 2.2.3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own.or manage the two entities; there are common or commingled funds or assets the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be_operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Coastal Accommodations Agenda Item 19 Page 9 Disclosure Statement APPLICANT Virrginia Beach LYES No ' SERVICE I ( PROVIDER(use additional sheets if needed) nnX Accounting and/or preparer of I your tax return I— I nX Architect/Landscape Architect/ I Land Planner _ —I Contract Purchaser(if other than I the App cant)-identify purchaser and purchaser's service providers Any other pending or proposed n X purchaser of the subject property (identify purchaser(s)and j I purchaser's service providers) Construction Contractors L nITV Engineers/Surveyors/Agents Financing(include current Wells Fargo n , mortgage holders and lenders Imo\. selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ nm Agents/Realtors for current and I anticipated future sales of the subjectprperty 4 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO • Does an official or employee of the City of Virginia Beach have lX� j an interest in the subject land or any proposed development { contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Coastal Accommodations Agenda Item 19 Page 10 Disclosure Statement Virginia Beach CERTIFICATION: —^ I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPIJCA T'S SIGNATURE I PRINT NAME DATE 4 Page 5 of 7 Coastal Accommodations Agenda Item 19 Page 11 Disclosure Statement OWNER Virginia Beach , PROVIDER(use additional sheets if 1 Y ES1 LNO 1 SERVICE _ I _ needed) ___ ICI Accounting and/or preparer of 1 1 f/\' your tax return x Architect/Landscape Architect/� Land Planner rContract Purchaser(if other_than II X the Applicant)-identify purchaser and purchaser's service providers a Any other pending or proposed t I purchaser of the subject property �(identify purchaser(s)and purchaser's service providers) l 4 Construction Contractors Engineers/Surveyors/Agents - Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) fIX Legal ServicesReal Estate Brokers/ X Agents/Realtors for current and anticipated future sales of the t i subject property _— _ ` SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I—Does an official or employee of the City of Virginia Beach have I l �X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Paae 6 of 7 Coastal Accommodations Agenda Item 19 Page 12 Disclosure Statement M:w! Virginia Beach p CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PRO R O1 ER's I E PRINT NAME DATE (; Page 7 of 7 Coastal Accommodations Agenda Item 19 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Coastal Accommodations Agenda Item 19 Page 14 Item#19 Coastal Accommodations, LLC Conditional Use Permit(Short-Term Rental) 636 16th Street January 8, 2020 RECOMMENDED FOR APPROVAL-CONSENT Mr. Weiner: Thank you. Is there any opposition to this being placed on the consent agenda? Okay,the next items on the consent agenda are for Short Term Rental. The Planning Commission places the following applications for the Conditional Use Permit for Short Term Rental on the consent agenda as these applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications and there's no known opposition for the following items 14, 15, 16, 17, 18, 19,21,22,23,24, 25 and 26. That being said,I move for approval on the consent agenda items 1, 2, 5, 6, 7, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, and 26. Mr.Redmond: Madam Chair? Ms.Oliver: Yes sir. Mr. Redmond: I'm going to support the all of these on consent. However,I would note that with regard to a specific B-2 agenda item number five of Town Center Associates 12, LLC, I will be abstaining. I'm a commercial real estate broker with Divaris Real Estate,Inc. Divaris Real Estate, Inc. leases and manages the Town Center and various principles of the company where I work, our principals in Town Center Associates. I don't believe very frankly that that affects me in any way. I've never earned a nickel from the Town Center, but for purposes of appearance, I nonetheless tend not to vote on these matters. So I will abstain in this case. Ms.Wilson,does that satisfy your legal requirements? Ms. Wilson: Yes sir. Mr.Redmond: Okay. Thank you. Mr.Horsley: I second. Mr. Sandloop: The vote is open. By recorded vote of 9-0,agenda items one,two,five with Commissioner Redmond abstaining from agenda item five, six, seven, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22, 23,24, 25 and 26 have been approved by consent. Ms. Oliver: Okay, thank you. And I'd like to thank all the applicants today who had a matter on the consent agenda at this hearing and these items will be scheduled for hearing at the City Council agenda. And so if you don't have any further business,if you were on the consent agenda, this would be a great time for you to leave. We'll give everybody a second to leave. All right. Thank you. The next order of business will be to address the remaining matters on our agenda. And with our City Clerk,please call the first item. 1 AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE CONDITIONS 1. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 2. The garage must remain open to allow one parking space. 3. The approval of this Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short-Term Renal, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building,housing, zoning, fire or other similar codes. 4. No events 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. 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short-Term Renal is not required. 6. If or when the ownership of the property changes, the new property owner shall provide the updated information(a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property; otherwise, the use of the Short Term Rental shall be null and void. a) The owner/operator contact information; 2 b) Registration with the Commissioner of Revenue's Office; and c) Proof of liability insurance. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one(1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. A Short Term Rental shall have no more than two (2)rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three(3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 3 --------------- ----- -------- -----1:---r- . r---____-::::-IA-------:_-_. _-_ \\A . --------------rr-7---------:-;:::_------7- i t ...-, . '' A "•":t ./' ------ 1 , 1 111011111111. - ti-, I t - _,--, s 0",A- ---- Atlantc Av ------ ------- _ _ _--------------- c.,0 i ,•.•---------—‘11Alk \,:\ 01111111.. \\ Y 0) Ce 4.0 , iI 0 \ \ 4.0 ,' ad iskA0 , 00 (1) .1C 4.6 4me .4mor in OC '. i k 0 . . C = .r. Cri . i t \ ‘ -... . • >% C 1 . re - \: Ce CD i .k4, > e cc < p,NJeoti u.. a; o ---,- 1."." ;4=. ft acific rt -------- ...------- ... -------T---- .. CT -------- ---",::-?,, _.------.:-_-----_----- ____ ......----.--- . Cal . cu r Z al C W --1I_s ' n. 1 4Tt I ) i , ! .' CO 14 i Ce LII..4\---.---"---."."---e- 00 111 1 1. 1 1.1 I ,I ,1 I1 1I1 Ili ) )11 / 13 C a) TA 4C- ,>. 6 <7,... i, ji r 1 1 i 4( _ --- ILI /ha r ' -- __ - -.. 1 i 1 11-- rt li t-\--"-------A ! ! I.! 8 M U w . co 0 r2 rtar! t2 . . , . i., 0 no CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TARA RYAN [Property Owner] Conditional Use Permit for Short Term Rental for the property located at 933 Pacific Avenue, Unit B (GPIN 24272444111205). COUNCIL DISTRICT— BEACH MEETING DATE: February 4, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental for one unit on this 35,000 square-foot parcel zoned OR Oceanfront Resort. The subject unit is a two-bedroom apartment. The maximum occupancy for guests on- site after 11:00 p.m. for a two-bedroom Short Term Rental is six. The minimum number of parking spaces required for this use, one per bedroom, is two spaces in this case. • Considerations: This property is located at the Oceanfront where there is a mixture of uses. One parking space is dedicated to the unit and available on-site. The applicant has leased a second parking space from the City in the 9th street parking garage, per the Planning Commission's request. As permitted by the Zoning Ordinance, the Zoning Administrator has reviewed this parking plan, including the lease agreement, and determined it acceptable. All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0 and modified the conditions as shown below. 0th Str offl7c u e�+ Gar� 2. A second parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the short term rental occupants at all times. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be Tara Ryan Page 2 of 3 limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 4. The approval of this Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events 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. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If or when the ownership of the property changes, the new property owner shall provide the updated information (a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property; otherwise, the use of the Short Term Rental shall be null and void. a. The owner/operator contact information; b. Registration with the Commissioner of Revenue's Office; and c. Proof of liability insurance. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.A11 refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11.Accessory structures shall not be used or occupied as Short Term Rental. 12.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. Tara Ryan Page 3of3 13.A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be six (6) individuals (three (3) individuals per bedroom.) 17.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department R(r) City Manager: Applicant and Property Owner:Tara Ryan Agenda Item Public Hearing:January 8, 2020 111\ /' City Council Election District: Beach 20 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation +, � � Denial 10670101111111111911 Staff Planner ,.�10� � Kevin Hershberger 0 1kA : - Location 4 :::d1th Avenue, Unit B ' iiiiiiirs NA 24272444111205 Site Size 11 . p . - 35,000 square feet 010 tr ill. _ — A \ Existing Land Use and Zoning District ' 011/1011 <f Apartments/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North u , Single-family dwellings/OR Oceanfront Resort ; t1 South ° '--- 9th Street City Parking Garage/OR Oceanfront Resort .,_ ,.��: Q _ 'E East - - ,� a Retail Shops/OR Oceanfront Resort , f ` , y A West ,:,, "' , t Pacific Avenue sxx.. . .,;< .< s.tha- ,-, Private Parking lot/OR Oceanfront Resort as, .it ; . 4 ti t'' d , 1 t.- txv.. $ e Tara Ryan Agenda Item 20 Page 1 Background and Summary of Proposal Site Conditions and History • The 35,000 square foot parcel is zoned OR Oceanfront Resort District. • City records indicate that the site is developed with an apartment complex constructed in 1969. • There are no previous Council actions or zoning violations on the property. Summary of Proposal • Number of bedrooms in the Short-Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 6 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided: 1 6r 1 • S OR OR _ -,, t+ eve tt Aoteay..t ; y ;SS OR 0 11 _)-k--; PR. Zoning History vir\ 'l e�//.� OR # Request /fit / suo 1 STC(Closure of unimproved ROW)Approved 10/4/2004 N°!hfkA"eow ti, ~�1S5 OR • -..6d1 5tre _`3' OR A ifll Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation This Conditional Use Permit is for the use of one two bedroom dwelling unit located within an existing apartment complex to be used as a short term rental. The unit is only provided one parking space on site. A parking plan was submitted to the Planning Department stating the second required parking space would be in the City owned parking garage adjacent to the property on 9th Street. The Zoning Administrator denied this parking plan, as no lease was provided for the space located within the 9th Street garage. Proof of liability insurance for$1,000,000 has been provided. No signage has been proposed yet. No letters of opposition or support have been received. Tara Ryan Agenda Item 20 Page 2 Base on the considerations above, Staff recommends denial of this request. If the Planning Commission recommends approval of this request, the following conditions are provided for consideration. Recommended Conditions 4- A Board of Zoning Appeals variance must be obtained for the deficiency in on site parking prior to the CUP becoming active. 2. As agreed to by the applicant, A parking space must be leased from 9t'Street Garage before to the Conditional Use Permit becomes activated. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 4. The approval of this Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short-Term Rental, where the Short-Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events 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. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short-Term Rental within thirty (30) minutes. Physical response to the site of the Short-Term Rental is not required. 7. If or when the ownership of the property changes,the new property owner shall provide the updated information (a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property; otherwise, the use of the Short-Term Rental shall be null and void. a) The owner/operator contact information; b) Registration with the Commissioner of Revenue's Office; and c) Proof of liability insurance. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. Tara Ryan Agenda Item 20 Page 3 12. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be six (6) individuals (three (3) individuals per bedroom.) 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on December 9, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, December 22, 2019, and December 29, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 20, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on January 2, 2020. Tara Ryan Agenda Item 20 Page 4 City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 19, 2020, and January 26, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 17, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 31, 2020. • Enter number of letters here letters of support/opposition have been received by Staff noting concerns related to One support letter has been received. Tara Ryan Agenda Item 20 Page 5 Site Layout and Parking Plan w 4 V. 1 4 14 f . 1--_ _--- _ i mom' 1 " 1. a `� APT r rr�tr' ; ASS t'•s Y :il Dt / till Sparc !UMW ~RAW AREA 4 MA+sq nnc I :Z• ihm. ih i C 2 w !l Mtl,T Za ft - . , : 5�, .qRU Mmr 10--MAWS Atm ON.AIM '�' .., L- /r -R I 9th Street 1 9 I AAT cl k. y titit Or Tara Ryan Agenda Item 20 Page 6 Site Photos , � -owT t al g n qpa :. IN ii IA. '''..7: ( w — at ' a among • 4 .-ter ,g Tara Ryan Agenda Item 20 Page 7 Disclosure Statement Tara hyan DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board i Conditio nal Use s Permit License Agr eement Wetlands Board A g 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. t • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY j All disclosures trust he,rViatea a o f?i tset ks prior to any Page 1 of 7 n,missian and Cite Cou:ca r.teeem;rho;uettnms to the a•pIicution(s)►it �j S=LIC4NT NOTiflfs;'.: " '" t)r.lE /�y/2c //v/4/ ytyJr�/ re XL(j kic CHANCES AS OF r t i ///YVAo ,a# l REv15,0rt5 SJhMF:TED DAI L //,/20 I Tara Ryan Agenda Item 20 Page 8 Disclosure Statement I' Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:__ ..... .R.yAoc If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. CCheck here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization,AND THEN, complete the following. (A) List the Property Owner's name:__�.Q,f 12, If an LLC, list the member's names: Page 2 of 7 Tara Ryan Agenda Item 20 Page 9 Disclosure Statement • . , I - S • .- , etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-31 01. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the.Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Tara Ryan Agenda Item 20 Page 10 Disclosure Statement i ! 1 Accounting and/or preparer of ` J your tax return n u Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than -'' the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed I - purchaser of the subject property (identify purchaser(s)and purchaser's service providers) _ Construction Contractors LJEngineers/Surveyors/Agents Financing(include current ❑ a mortgage holders and lenders selected or being considered to provide financing for acquisition I or construction of the property) a. Legal ServicesReal Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property I SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 1 Does an official or employee of the City of Virginia Beach have C - , an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Tara Ryan Agenda Item 20 Page 11 Disclosure Statement certi y t at a o t e in ormation containe• ►n t is $isc osure tatement orm ►s complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. { APPLICANT'S SIGNATURE PRINT NAME DATE �._ (LlL-4- �.�,- iZ,r�n l�iaall�l Page 5 of 7 Tara Ryan Agenda Item 20 Page 12 Disclosure Statement — Accounting and/or preparer of your tax return L_ld Architect/Landscape Architect/ 1 Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ © - purchaser of the subject property (identify purchaser(s)and purchaser's service providers) CConstruction Contractors Engineers/Surveyors/Agents Financing(include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 1-Tv Legal Services Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the I subject property ♦ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development I contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Tara Ryan Agenda Item 20 Page 13 Disclosure Statement I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been ' scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA' meeting, or meeting of any public body or committee in connection with this Application. yI—PROPERTY OWNER'S SIGNATURE PRINT NAME DATE �c• na l.^^tw -G.rc:. ICVc n totaaill Page 7 of 7 Tara Ryan Agenda Item 20 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Tara Ryan Agenda Item 20 Page 15 Item#20 Tara Ryan Conditional Use Permit(Short-Term Rental) 933 Pacific Avenue, Unit B January 8,2020 RECOMMENDED FOR APPROVAL Ms. Sandloop: The vote is open. By the recorded vote of 9-0,agenda item number 13 has been approved. Our next item of business is agenda item number 20 Tara Ryan,application for Conditional Use Permit Short Term Rental on property located at 933 Pacific Avenue unit B located in the Beach District. Ms. Oliver: Welcome. Ms.Ryan: Hi, I am Tara Ryan. I think that the reason I'm here is because of the parking, the second parking spot. We're a small 600 square foot unit at the Oceanfront area in a complex specific place condominium so everyone has one parking spot assigned to them. And we note with Airbnb for anyone who's coming to stay with us, we let them know that there's only one parking spot. It's such a small space that it's mostly families and my husband and I have three children and we just came back from Christmas vacation. So we know how it is important to have a little bit more space and a kitchen and everything. So it's primarily families. We've had it in operation since March of 2018. We have another unit that has been in operation since, it's been in February. No, I'm sorry, March 2019 is the two bedroom because we're grandfathered into the one bedroom. Anyway,we have those two units and with the two bedrooms that we're talking about today,we've had one person ask about a second parking spot over the whole year of rentals,and we offered to just split the payment with them to be in the 9th Street garage because it's right next to us. But we also have options if our other unit had parking available or if that garage was full,we have you know, they could park at the First Street, you know, it's just such a small space that we haven't run into people needing two parking spots. I guess. That's where we are at. Mr.Weiner: In talking to staff I know they discussed this with you about two bedrooms, two parking spots, right. Have you looked at any offsite parking anywhere besides your other rental because you can't use the other rental as a parking place? Ms. Ryan: Well we hadn't looked at the Ninth Street garage,but I wasn't aware that that was something we could, like we can pay for a spot there because we're okay with doing that. I just, I didn't even know that the zoning person didn't approve this today. This is the first time I'm hearing of it sitting here. Ms.Weiner: Kevin can I ask quick question,is that okay that 9th street parking garage if she came back with an approval for that parking spot in there, it would be okay? 1 Mr.Kemp: Yes, absolutely. Kay, you can correct me if I'm wrong,but we can condition, condition to that effect where,you know, should that happen. Ms.Wilson: She needs to produce a lease from the 9th street garage for one parking space for this short term rental. Mr. Kemp: So it can be approved with that condition and we could move forward. Mr. Weiner: So what we're probably gonna have to do,what we're really gonna have to do,because I'm sure you don't want to deny this because we,like I said before,we spent two years coming up with this plan, and we really need to follow it. So if we could defer this and you could go get that lease from the parking garage,bring that back to staff, and it will probably be fine right through. Ms.Ryan: Do I have to come to another Planning Commission? Mr. Tajan: As Mr.Kemp had noted more than likely for efficiency,you may want to add an additional condition that it has to be provided before they can operate legally. Mr.Weiner: Okay, so they don't have to have it right now. We don't have to defer this,we can approve it with that condition. Mr.Tajan: Right. And we will hold it from going to City Council until that's acquired. Ms. Oliver: Okay. Ms. Wilson: We would just not sent it up until we get the lease. Mr.Weiner: So you do understand what that means? Ms. Ryan: So do I turn it into Kevin? Mr.Kemp: Not the Kevin you're looking for but He works for me. So I will speak with you after we wrap up here. I'll touch base with you. Ms.Ryan: Yes,that's not a problem at all. More than happy to do that. Perfect. Ms. Oliver: Yes. Mr.Wall: One thing is that to know that's a recommendation from the staff. So that wasn't like a,that was just a recommendation. Ms.Ryan: We're very new to this,I'm stay at home mom and this helps me not go back to work so. Ms. Oliver: Good. Thank you. All right, close this and open it up. Mr. Alcaraz: I'll make a motion that we approve it with the condition that they get a lease for parking and that would be prior to City Council action. Mr. Weiner: Second. 2 Ms. Sandloop: The vote is open. By recorded vote of 9-0,agenda item number 20 has been approved with conditions as amended. And our last item of business is agenda item number 27. CEBT Properties LLC, an application for conditional use permit short term rentals on property located at 400A 27th Street located in the Beach District. AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE CONDITIONS 4 A Board of Zoning Appeals .a.iance must bee obtained o thcne-cdeiiz'cieney in on site parking prior to the CUP becoming active. 2. A parking lease for one parking space shall be obtained from the 9th Street Parking Garage 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 4. The approval of this Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Depat liuent; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short-Term Rental, where the Short-Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events 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. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short-Term Rental within thirty(30) minutes. Physical response to the site of the Short-Term Rental is not required. 3 7. If or when the ownership of the property changes, the new property owner shall provide the updated information (a through c below)to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property; otherwise, the use of the Short-Term Rental shall be null and void. a) The owner/operator contact information; b) Registration with the Commissioner of Revenue's Office; and c) Proof of liability insurance. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one(1), four(4) square foot sign,may be posted on the building which identifies the Short Term Rental. 13. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven(7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 4 O * t�cc) O•I— (7 a z _ �\ — ' a Q D 0 --emus ---- 0. w P at_ _7-- - -- O J co b. 4=•• ..•.- ii \ 44 in N U --' ---` "�r �'�11 0co d. U �t _bA�\� \ t O ;i �� . - -- -- Jam_ m \4 .O \ `, Pa6!____------------'1 +-a cc ; crA ?00.1".13.11....- 1 _...-24,4,......* i \ l'I°___411b,_ -)_1 i Aer.)\-\ o I ' 1 �---_----- .,� iti - ;, ,, [ _- 1i " Jan 07 20, 07:37p Don Maclary 757-217-2686 p.1 "0 20 Jan 6 2020 VA Beach City Council Planning Department 2875 Sabre St VA Beach VA 23452 RE:Conditional Use Permit 933 Pacific Ave#B VA Beach VA 23451 I am writing to you in lieu of attending the meeting that you are having on Jan.8 2020, regarding the above petition for a short-term rental I am an owner of a unit in the complex that another owner is petitioning for a conditional use permit. I am also the President of the Homeowner's Association for this condominium.As you may know,this complex has existed for over 50 years at this location. It used to be a small motel, but was converted to its present condominium status over 20 years ago.The current ownership consists of over 50 individual unit owners. Each owner is free to either use the unit for personal residence,or rent their unit on an annual basis.Since the advent of the short-term rental platforms,many owners have taken advantage of sites like AirBNB or HomeAway.This has resulted in a profitable stream of income for many of these owners. I am asking that you approve the application of the above petition.Approval will maintain and perhaps improve property values at this location. Approval of this petition will also result in a stream of tax revenue that can be used forlourist and Recreation.Please consider the approval of this variance.Thank you for your consideration. Sincerely, //n M� Sue Maclary owner and President of the Pacific Place Condo Association 903C Pacific Ave VA Beach VA 23451 ,..1 _ t r �� • 0 1l) , \ \ o S 4, CN .. ,, > / 4 O ,___ ,,, /\.\ , , ,....,. 0 ./ N ‘ CV .-' . " / • i \N< \\Ns -•-•:.-. N., -- \/ ''''''..* r t ♦� i, 'k L. s„S \ a) 0 . *•/ ,..\\ CO\ ' ' ■ �,� ,,i Z,r 73 Q\ ‘/ \. '' ,* \ cts 0 / . A' \ 0 \ \ 0 2 > co r ( �! tit ' ,'I� \,,70 S ti �, N / ____ A.\ __, le .1 \ j.....\\ . to _' t, _ _ � ! fit"-=� -� ' \ i e e , WC A� n �0 enUe -.\\. , c o p i S i..) ,,,_\,\,, \.,, ) 0cu 0Eco S t 1? C Y G 5 , �11 J cn N a m _ccm fE, fi t ( 7 1Sl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MICHAEL MATTHEWS [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 425 Lakewood Circle (GPIN 2427059785). COUNCIL DISTRICT — BEACH MEETING DATE: February 4, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on this 6,342 square-foot parcel on property zoned R-5S Residential District. This lot contains one single-family dwelling and an accessory structure. City records note the single-family dwelling as a two-bedroom structure. The maximum occupancy for guests on-site after 11:00 p.m. for a two-bedroom Short Term Rental is six. The minimum number of parking spaces required for this use is one per bedroom, or two spaces in this case. • Considerations: This property exists in a neighborhood near the oceanfront that is zoned for single- family dwellings. The property's existing driveway can accommodate four off-street parking spaces, which exceeds the minimum requirement of two spaces. As the Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP), where on-street parking is limited, a condition is recommended to limit the number of guest and temporary passes while the Conditional Use Permit is active. A petition of support, signed by five property owners in the vicinity, was provided to Staff by the applicant. In Staffs view, all requirements set forth in Section 241 .2 of the Zoning Ordinance for a two-bedroom Short Term Rental can be reasonably met. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 425 Lakewood Circle and the Short Term Rental use shall only occur in the principal structure. 2. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. Michael Mathews Page 2 of 3 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events with more than fifty (50) people present shall be held absent a special event 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. 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rental. Michael Mathews Page 3 of 3 11.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be six (6) individuals (three (3) individuals per bedroom). 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department jk City Manager: MIL, Applicant and Owner: Michael Matthews Agenda Item Public Hearing:January 8, 2020 City Council Election District: Beach 21 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner irill,11111okiiiii,111,,,, Hoa N. Dao Location �- 425 Lakewood Circle \-- GPIN 2427059785 -Site Size �6,342 square feet �,�lipp.:747.1:111740,„ - Existing Land Use and Zoning District Single-family dwelling/ R-5S Residential Surrounding Land Uses and Zoning Districts ,:\ 1.----111L North „ „ Lakewood CircleLake Holly _. South , Alley ` I Single-family dwellings/ R-5S Residential East t' � Single-family dwellings/ R-5S Residential West , Single-family dwellings/ R-5S Residential e' • 'w - F �* ' "S F... ' � I • . SNtS3 -�A aK i 4 r -Z ,, -p re. ♦ z it..1 y r ik :`fF e'er •,iT' - Michael Matthews Agenda Item 21 Page 1 Background and Summary of Proposal Site Conditions and History • The property is a 6,342 square foot lot zoned R-5S Residential District. • The Short Term Rental will occupy a single-family dwelling that was constructed in 1947. • There is no history of code violations or City Council actions found on this property. Summary of Proposal The applicant submitted a Conditional Use Permit request for a two-bedroom Short Term Rental at 425 Lakewood Circle. The property has a 440 square foot accessory structure that is being utilized as home office space. As per the Short Term Rental regulations and reinforced in the recommended conditions below, the accessory structure shall not be occupied as a bedroom for the Short Term Rental. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 6 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided: 4 Al2 lr� 1 t5thsttest s --'4'--,�, �R-T 3i l� R-5D 3' tk4 Zoning History R-5 © - - # Request tuoc,p 1 CRZ(A-12& R-5S to Conditional RT-3)Approved 0 0 �4 11/09/2004 µteSUMt 1iii - ' a� CUP(Religious Use)Approved 11/09/2004 �1 1 ; * ti CUP(Religious Use)Approved 03/09/1994 ss '" �` + rj - STC(Street Closure)Approved 12/12/1991 O U Q <� � 2 STC(Street Closure)Approved 12/10/1997 o at<..t ��: Jf Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Michael Matthews Agenda Item 21 Page 2 Evaluation and Recommendation The guests of the Short Term Rental will access the property from the 12-foot wide alley and park their vehicles on any of the four provided parking spaces on this site.The four parking spaces provided exceed the required parking of Section 241.2 of the Zoning Ordinance for a two-bedroom Short Term Rental. Since the Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP) where on-street parking is limited, a condition is recommended to limit the number of guest and temporary passes while the Conditional Use Permit is active.Also,a petition of support,signed by five property owners in the vicinity, was provided to Staff by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 425 Lakewood Circle and the Short Term Rental use shall only occur in the principal structure. 2. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP)shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events with more than fifty(50) people present shall be held absent a special event 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. 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. Michael Matthews Agenda Item 21 Page 3 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors(which may be wireless),a fire extinguisher and,where natural gas or propane is present,carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • A signed petition of support from five different properties throughout this neighborhood was submitted with the application. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 9, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, December 22, 2019, and December 29, 2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 20, 2019. Michael Matthews Agenda Item 21 Page 4 • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on January 2, 2020. City Council • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sundays,January 19, 2020 and January 26, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 17, 2020 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 31, 2020. Michael Matthews Agenda Item 21 Page 5 Site Layout and Parking Plan 12' ALLEY OVERHEAD ---" ASPHALT WIRES_ ---PIN(F)_L4040.60' R=605.00' NAILS) Po 0 ZP LIE Z . 1. Vt Pi r-' LT CONCRETE Ry Q Q Ccs4 '- I (OTHERS) 0.1' a , AVI~L a' i 11., 0.8' �. _ CONCRETI ENC' 1 EXISTING a2 -' w 0.2' ENC OVERHANG G ' IACCESSOR m `I 0.4' 1 TRUCTUR; ' y N ENC I i (440 SF) FENCENC d o b .1 o cs ., FRAME LOT 10A 11- 43- ,I SHED • //i 6' WOOD r ,�/,`/, FENCE IA�'' FENCE WOOD (OTHERS) \ , til -// / i i / / ti SHOWER —a_ A/C W R N �� t . 'I _. PROPOSED 6.5 ro N ; , N ' 2 BEDROOM Z M j l W00 0.2.—_____7 — STR I• — �o ' !� � ` . (1,464 SF . / --- , . . . 0.8'— CONCI 4' WOOD,/ J/ / �� t WALK FENCE �/, i/ PORCH :-....e„..---(OTHE i V. / I lV , CONCRETE o N , WALK PIN(F) • 1 1 PIN(F) — r L=50.00'� ' 217 R=745.00' - LAKEWOOD CIRCLE (60' R, Michael Matthews Agenda Item 21 Page 6 Site Photos • � 44,�.,�,• TTTd ka ( tl itoitrUttil II ,■.._ f r 3P - a y ' - - r .. • « YI - tid 'M{, • d.:. ,..„,, _ 1 r _ ,4,,,,, ,,,.A4,;*,. : ....t.: Ur .i n ti r I I I i II f _ _ _ _ __ , , _ _ . . . . . _.,....,,., , : _ 2:-' :--;'---- - ' ..- '1-7-' ' -' 4.7i:-" :::t.----; c k T .<..............__' J.:,- ' Michael Matthews Agenda Item 21 Page 7 Disclosure Statement ;ria Beach APPLICANT'S NAME gctiaeL Mgt- -Ae,vs DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin Commission and Cit Council meetln that;ertains to the a;,plication(s). El APPLICANT NOTIFIED OF HEARING DATE: fir NO CHANGES AS OF DATE: /.2 Z. Zo2o El REVISIONS SUBMITTED DATE: Michael Matthews Agenda Item 21 Page 8 Disclosure Statement 11/4B Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: �____ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. nl(� f (A) List the Property Owner's name:_____ /! C�t.Ct%G 1 ` it6 v! S If an LLC, list the member's names: Page 2 of 7 Michael Matthews Agenda Item 21 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101, 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Michael Matthews Agenda Item 21 Page 10 Disclosure Statement AB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) El ❑ Accounting and/or preparer of your tax return (/V,(,Q :m AfG IYa! E [ ' Architect/Landscape Architect/ L_1 Land Planner a Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed Erpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) ElEr Construction Contractors© 0 Engineers/Surveyors/Agents 6eidc.t t�Sit reli c,-,'S Financing(include current / v a ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition /! 5 j`�. a nAor construction of the property) (/l (J EiLegal Services ErReal Es Brokers/ Agents/Realtors for current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO oes an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Michael Matthews Agenda Item 21 Page 11 Disclosure Statement VB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. i I understand that, upon receipt of notification that the application has been , scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application 71Z. Mt(heel Ma r.405 10/3f/ a APPLICANT'S SIGNATURE PRINT NAME DATE kl idlaGL i14 Gti--i-h S Page 5 of 7 Michael Matthews Agenda Item 21 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Michael Matthews Agenda Item 21 Page 13 Item#21 Michael Matthews Conditional Use Permit(Short Term Rental) 425 Lakewood Circle January 8, 2020 RECOMMENDED FOR APPROVAL-CONSENT Mr.Weiner: Thank you. Is there any opposition to this being placed on the consent agenda? Okay,the next items on the consent agenda are for short term rental. The planning commission places the following applications for the great conditional use permit for short term rental and a consent agenda as these applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications and there's no known opposition for the following items 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25 and 26. That being said, I move for approval on the consent agenda items 1, 2, 5, 6, 7, 10, 11, 14, 15, 16, 17, 18, 19, 21,22,23, 24, 25,and 26. Mr.Redmond: Madam Chair? Ms. Oliver: Yes sir. Mr.Redmond: I'm going to support the all of these on consent. However,I would note that with regard to a specific B-2 agenda item number five of Town Center Associates 12, LLC, I will be abstaining. I'm a commercial real estate broker with Divans Real Estate,Inc. Divans Real Estate, Inc. leases and manages the Town Center and various principles of the company where I work, our principals in Town Center Associates. I don't believe very frankly that that affects me in any way. I've never earned a nickel from the Town Center, but for purposes of appearance, I nonetheless tend not to vote on these matters. So I will abstain in this case. Ms. Wilson, does that satisfy your legal requirements? Ms.Wilson: Yes sir. Mr. Redmond: Okay. Thank you. Mr. Horsley: I second. Mr. Sandloop: The vote is open. By recorded vote of 9-0,agenda items one,two,five with Commissioner Redmond abstaining from agenda item five, six, seven, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22, 23,24, 25 and 26 have been approved by consent. Ms. Oliver: Okay, thank you. And I'd like to thank all the applicants today who had a matter on the consent agenda at this hearing and these items will be scheduled for hearing at the City Council agenda. And so if you don't have any further business,if you were on the consent agenda, this would be a great time for you to leave. We'll give everybody a second to leave. All right. Thank you. The next order of business will be to address the remaining matters on our agenda. And with our City Clerk,please call the first item 1 AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 425 Lakewood Circle and the Short Term Rental use shall only occur in the principal structure. 2. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events with more than fifty (50) people present shall be held absent a special event 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. 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6)months of the property real estate transaction closing date. 2 a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven(7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 3 1 1 :,. .40 ,n) /1 : _i ...- , -,, ,. .47 ; .J J \ I 0 . DC � U \_________ _,/ .-./.Z. 1111 (> 1 :t / /4 * 4// 0 2 O / 0 � • r ° LU C-1-34 i A flOit \ * N Lr) //S,�404N,„ '`I i7**-161 i1/0 ° ii? ikli d' 0 i \'' t 0 4 4:4 CC = (/) its.V. Al' ' „I laiiii . - / lw hAll.1 . . a. erne -- - O 7.0 Is \ 0 . :?1 0 c---) 5 ' �,3 v• Hoa N. Dao From: Pat Law <patriciaannlaw@aol.com> Sent: Friday, January 3, 2020 3:18 PM To: Hoa N. Dao Cc: Pat Law patriciaannlaw@aol.com Subject: Short term rental request at 425 Lakewood Circle LCAUTION This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Planning Department Hoa Dao City of Virginia Beach Dear Mr. Dao: I received 2 letters last week which informed me of the Short Term rental request of Michael Matthews, my next door neighbor at 425 Lakewood Circle. My property address, which I own, is 429 Lakewood Circle. I have owned this property since 2004. My lot is only 40 feet wide. The house was originally built in 1946 and it is a cape cod style like many on this small street. It is about 10 feet from my neighbor's house at 425 Lakewood Circle, owned by Michael Matthews. Since the houses are so close, noise from vacationers would easily be heard by my tenant family. This street is a quiet peaceful street, no cars racing by, no loud partying, no short term rentals. My reasons for objecting to a short term rental right next door to my property would be: *My property at 429 Lakewood Circle is right next door to 425 Lakewood Circle and any loud vacationers would destroy the peaceful enjoyment that my tenants have come to appreciate and love. *The street of Lakewood Circle is very narrow and it borders Lake Holly—there is only off street parking on one side of the street: directly in front of each house. Vacationers typically have many cars and I am afraid they will take the only 2 parking spots my tenants now have.which is directly in front of my house. `I am very concerned that having a short term rental directly next door will decrease my property's value with added noise, cars, and trash/debris which comes with many more people occupying the house than there are at the present time. *This tiny neighborhood is unique and charming with single family homes. It should not be turned into a revolving door of occupants, changing by the week. As a property owner, I seek to maintain and upgrade the integrity of Lakewood Circle. However, having 425 Lakewood Circle turned into a Short term rental would NOT UPGRADE NOR MAINTAIN THE INTEGRITY OF THIS NEIGHBORHOOD. Respectfully submitted, Patricia A. Law Property owner of 429 Lakewood Circle Virginia Beach, Va. 23451 1 To the City of Virginia Beach: We, as neighbors of Michael Matthews and Sandi Vakos located at 425 Lakewood Circle, show our support of their Airbnb with our signature below. — — • Name Address Date _) J)- . / --3rjr3 KV-2 /20 c ��G3 Lois d Crc bt otec r Ct k (o[2 .1 /zO/61 , nn ,,''0 grf- �{ � LALcodd,P 00 , J4I�y� Ul9 c,i0X,(2_0 L }Lrks,A,Dp cl ,ccL d'241g k \-\ \Ko - (1,1)\1 x. n(A --7\N-IL(. \ 0\ \?3‘s. L72a4 , A-1A La--/-/ . Va‘S---Z1--\CAtC_ \C> 13 (1-20/ January 15, 2020 To whom it may concern: RE: Mike Matthews-425 Lakewood Circle,Virginia Beach,VA 23451 My name is Sheree Pledger and I live at 441 Lakewood Circle. This letter is in reference to Mike Matthews and his property at 425 Lakewood Circle and the AirBnB he operates there. Mike and I have been friends and neighbors since 2002. He has been operating an AirBnB since sometime in 2019. There has not been any problems or issues with the operation of the AirBnB. Mike is very conscientious and takes pride in his home here on Lakewood. I have no problems with Mike using his home as an AirBnB. Feel free to call me at 757-652-3382. Sheree Pledger 441 Lakewood Circle Virginia Beach,VA 23451 CvniPO-raid AD' $Ai a?S Likko ar no Cottle Gmaii Sa+o&•V*kos cositervsO► r+resol.a,cm Air B 1 ane�pe d .N. 425 Lakewood Circle Michael Mat#htwb / k' 110vax.ttc.J ro:to'tdmik. siairrnall corn Iva Jan'. 200 ari o s 3 A Sent erpn ray 4Phone Been forwart od rn li o : From Elan back t «rarr heri yam x- any Oafs: January 13, 2020 at?-3t•35 PM EST Tot Subject: Air B &'Bk 42S Lek*wpcd Circle We live next dOot 10"Ake& Sandcs feltfil pittloorlia at ..They have Wawa keep ttae house and yard maintained, check on cap%rnecda and maim with neltribors Volta are couriaeuil and quiet_ They ire:The ideal model fix people Mare stui. In :ritrating tom rtn'i properties 1 have no oonserm about being disturbed weth their•guesla en4 t►acre have boon fri5 inocktrts to make me feei it's a wail Alpe i walCOMe their enbapreneurial spi41 and their expert-se in manage..neent , Thai* yO,for your timeSeen Bra &Karen f? avc o t - 421 Lakewood Circe --11evinidBeach VA 23451 - 75?. 4 3020E Sent from my 1Pad I _ // 1 as 1J c7 r C J. +may 1.4 r _\-_______---- - -``� -`- -" `��6rt to C *%*%1‘ 1% c--\ i(1%-:-.' ' \ a.) . ~F4� U . 11, \ 1... 0 l'"P',. V ' \ CI _\ 1.— > \ _AO_ ' , ,— \\A ve co ��1` pktO nt;c P► . C 414 d Ye 3 t\k•� ate ., 0 4.0 _---& t'ti P'``a 0 1 r N .....-- \ \‘' ------ N C I ,_ J = N 0. 5] i 0 I4gZ'T��I2FSj( tj CITY OF VIRGINIA BEACH N. AGENDA ITEM J ITEM: LAWRENCE W. KLIEWER AND BRUCE E. PENSYL [Applicant] OCEANFRONT ESCAPE, LLC. [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 4005 Atlantic Avenue, Unit 203 (GPIN 2428051448). COUNCIL DISTRICT — BEACH MEETING DATE: February 4, 2020 • Background: This approximate 14,500 square foot property is located within the OR Oceanfront Resort District and contains 42 condominium units. The applicant is requesting a Conditional Use Permit for Short Term Rental use for only one of those units. City records indicate the dwelling contains one-bedroom. Consequently, the maximum occupancy for guests on-site after 11:00 p.m. is three. The minimum number of off-street parking spaces required for the Short Term Rental use is one space in this case. • Considerations: The proposed Short Term Rental is located adjacent to the public beach of the Atlantic Ocean where Short Term Rental use is to be expected. The required parking is accommodated in a parking lot owned by the condominium association. It appears all requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Seven letters of support from other owners within the applicant's condominium complex were received by staff. Two letters of opposition from unit owners of the condominium complex at 4004 Atlantic Avenue, located east of the subject site (across Atlantic Avenue), were also received by staff. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 203. 2. As depicted on the Parking Plan titled "4005 Atlantic Ave. Unit 203 - Designated Parking Space #33," submitted by Lawrence Kliewer to the CEBT Properties, LLC Page 2 of 3 Planning and Community Development Department and approved by the Zoning Administrator on 11-19-2019, a minimum of one (1) off-street parking space must be made available to the Short Term Rental occupants of Unit 203 and be a maintained all-weather surface. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions, or violations of any building, housing, zoning, fire or other similar codes. 4. No events with more than fifty (50) people present shall be held absent a special event 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. 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and owner/operator contact information; b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. CEBT Properties, LLC Page 3 of 3 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rental. 11.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departmenf� City Manager: Applicants: Lawrence W. Kliewer and Bruce E. Pensyl Property Owner: Oceanfront Escape, LLC. Agenda Item Public Hearing:January 8, 2020 Ciqul City Council Election District: Beach 22 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Wil kk Illjoi \ Approval Staff Planner 001 \ William Miller iih Location r I 4005 Atlantic Avenue, Unit 203 i GPIN �s 2428051448 1 "" \ Illjk 1 Site Size 011111 \ 14,500 square feet filli Existing Land Use and Zoning District Multi-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts fif � � . . 1 _ North _ 4 Multi-family dwellings/OR Oceanfront Resort South 40th Street (Beach Pedestrian Access) vo Hotel/OR Oceanfront Resort East «, i . ; €c'11;t r Public Beach of the Atlantic Ocean/OR ` '1. Oceanfront Resort -- - F' `g: West :. t, ` Multi-family dwellings/OR Oceanfront Resort Lawrence W. Kliewer& Bruce E. Pensyl Agenda Item 22 Page 1 Background and Summary of Proposal Site Conditions and History • This property is approximately 14,500 square feet and is located within the OR Oceanfront Resort Form Based Code District. • According to City records, this lot contains 42 condominium units and was constructed in 1976; however, part of the building was previously a motel that was constructed at an earlier date. No records were found documenting the construction year of the older part of the building. • According to the submitted parking plan, the condominium has 42 assigned off-street parking spaces. • No previous zoning violations were found relating to 4005 Atlantic Ave, Unit 203. • On October 8, 1973, City Council approved the expansion of an existing motel on this site. According to City records,the approval allowed the 30-unit motel to add an additional 13-units. One of the conditions required all units have at least one off-street parking space. Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for a unit within a multi-family dwelling building located on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 1 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 3 • Number of parking spaces required (1 space per bedroom required): 1 • Number of parking spaces provided: 1 Lawrence W. Kliewer& Bruce E. Pensyl Agenda Item 22 Page 2 4 3 Zoning History # Request -bR 1 CUP(Add 13 units to an existing 30-unit motel)Approved \ 10/08/1973 ., 2 CUP(Condominium)Approved 12/18/1972 ; OR ! NON (Stockbroker's office)Approved 11/10/1980 2 4-* 3 CUP(Hotel)Approved 05/14/1973 �' SVR Approved 02/16/2016 00,st•N` 4 REZ(RT-1 and R7.5 to OR)Approved 12/10/2013 SVR Approved 12/10/2013 OR - g ALT Approved 12/10/2013 OR R-7 5 5 CUP(Church expansion)03/11/1987 .. CUP(Church Expansion)06/27/2000 • 2:5 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—ConditionalRezoning STC—Street Closure SVR—Subdivision Variance STR Short Term Rental Evaluation and Recommendation The proposed Short Term Rental unit is located adjacent to the public beach of the Atlantic Ocean where Short Term Rental of condominium units are to be expected. The requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 203. 2. As depicted on the Parking Plan titled "4005 Atlantic Ave. Unit 203- Designated Parking Space#33," submitted by Lawrence Kliewer to the Planning and Community Development Department and approved by the Zoning Administrator on 11-19-2019, a minimum of one (1) off-street parking space must be made available to the Short Term Rental occupants of Unit 203 and be a maintained all-weather surface. 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions, or violations of any building, housing, zoning, fire or other similar codes. 4. No events with more than fifty (50) people present shall be held absent a special event 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. Lawrence W. Kliewer& Bruce E. Pensyl Agenda Item 22 Page 3 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and owner/operator contact information; b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Lawrence W. Kliewer& Bruce E. Pensyl Agenda Item 22 Page 4 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • The Oceans II Condominium Association met on November 20, 2019 and approved the applicant's Short Term Rental request. A letter of support was provided to Staff noting the results of this meeting. • The applicant reported that they met with the surrounding property owners. Seven (this includes the letter from the Oceans II Condominium Association) letters of support and two letters of opposition have been received by Staff relating to this request. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 9, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, December 22, 2019, and December 29, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 20, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on January 2, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 19, 2020, and January 26, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 17, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 31, 2020. • Seven letters of support and two letters of opposition have been received by Staff relating to this request. Lawrence W. Kliewer& Bruce E. Pensyl Agenda Item 22 Page 5 Site Layout and Parking Plan 1 I • I r I t t' ' 4005 Atlantic Avenue i�� 1 r t ;q ' , rq r.\ i li t 1 t • ►r''r tp•# St tY I ` t ` e 101" STREET 60' r T ., , , ., _ ,` � , t� ,Jenne ,,,, t� n t 4005 p, a }5 r a n + 't t- - w is - �� — • ciao beach accessl x, � a„ t ede '' err _—. ImpCO�ed p tt,Street /ilia fee a: 0 40 "'" .,.,_ V ' ' eitro fi, ,\slizrk,, .. tieVt $ : y1s^.. io 1L`,�..." 3915 ATLANTIC. ''- z. $ „--3.„- \ _ , _ �� 5 e ass''' � A ,' r j .t parking`ant me,Un1t 203 .� ,^I. + 1 3� e a 1 ' 4005 P t lev Lawrence W. Kliewer& Bruce E. Pensyl Agenda Item 22 Page 6 Site Photos Ilia71. .111111111111.1. .1414111111111.0404,644. �_ m . r- .r . "tea-..°- �- s £. •ram-_ 444.11, •. 1 v 111111011114 'fir ++ 4 + w C7 : r illffilill 7, at,....p, - + �0111MUIMIIMID11I11101111ffilll �� • • ,i,,: -- - - Lawrence W. Kliewer& Bruce E. Pensyl Agenda Item 22 Page 7 Disclosure Statement QAB Virginia Beach APPLICANT'S NAME 24hVG DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce lion for _ (EDIP) Board of Zoning Encroachment Request Rezoning A eats -- Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 — i The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any 1 Page 1 of 7 Plannin.Commission and Cit.Council meetim that;ertains to the a,r lication(s). [� APPLICANT NOTIFIED OF HEARING DALE: Ol O9 ZS J i . NO CHANGES AS OF DATF: O i .12, 202D Q REVISIONS SUBMITTED DATE: N(Jtf Lawrence W. Kliewer& Bruce E. Pensyl Agenda Item 22 Page 8 Disclosure Statement 113 Virginia Beach El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: Lawrence W. Kliewer, Jr. Bruce E. Pensyl If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) • • (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes I and 2 SECTION 2 I PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN,complete the following. J /, �' ` j / /� (A) List the Property Owner's name:444 :• •--H.--.+5.+.►€�41C.. . If an LLC, list the member's cam AL.,b names: �'�JC . Page 2 of 7 Lawrence W. Kliewer& Bruce E. Pensyl Agenda Item 22 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) • -4a , (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than parent-subsidiary relationship, that exists when(I)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner In the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 p—- z_ _ _ ,. ....4,...�. .,.. . - SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Lawrence W. Kliewer& Bruce E. Pensyl Agenda Item 22 Page 10 Disclosure Statement \B APPLICANT Virginia Beach YES NO SERVICE _ PROVIDER(use additional sheets if needed) SI Accounting and/or preparer of 81„i 2 eass( your tax return �� Architect/Landscape Architect/ � �' C . ,121 II Land Planner , , . / Contract Purchaser(if other than 0 r 4 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed 0 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ra Engineers/Surveyors/Agents j I [illEPACiI '` P W t S Financing(include current J 1 f J tT 4)1311 mortgage holders and lenders Q selected or being considered to [A4 ,(--�e-t- provide financing for acquisition �}y/'+ `/ or construction of the property) A ��. .,7 Legal Services huh ' '<0 t i Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property 11111111111 • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Lawrence W. Kliewer& Bruce E. Pensyl Agenda Item 22 Page 11 Disclosure Statement «na Virginia Reach CERTIFICATION: 1 I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of ublic body or committee in connection with this Applicati n. Lawrence W. Kliewer, Jr. P>,t.) lel APPLICANT'S SIGNATURE PRINT N DATE Page 5 of 7 Lawrence W. Kliewer& Bruce E. Pensyl Agenda Item 22 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Lawrence W. Kliewer& Bruce E. Pensyl Agenda Item 22 Page 13 Item#22 Lawrence W. Kliewer & Bruce E. Pensyl Conditional Use Permit(Short-Term Rental) 4005 Atlantic Avenue, Unit 203 January 8, 2020 RECOMMENDED FOR APPROVAL-CONSENT Mr.Weiner: Thank you. Is there any opposition to this being placed on the consent agenda? Okay,the next items on the consent agenda are for short term rental. The planning commission places the following applications for the great conditional use permit for short term rental and a consent agenda as these applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications and there's no known opposition for the following items 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25 and 26. That being said, I move for approval on the consent agenda items 1, 2, 5, 6, 7, 10, 11, 14, 15, 16, 17, 18, 19, 21,22,23,24, 25, and 26. Mr. Redmond: Madam Chair? Ms. Oliver: Yes sir. Mr. Redmond: I'm going to support the all of these on consent. However,I would note that with regard to a specific B-2 agenda item number five of Town Center Associates 12, LLC, I will be abstaining. I'm a commercial real estate broker with Divans Real Estate,Inc. Divans Real Estate, Inc. leases and manages the Town Center and various principles of the company where I work, our principals in Town Center Associates. I don't believe very frankly that that affects me in any way. I've never earned a nickel from the Town Center, but for purposes of appearance, I nonetheless tend not to vote on these matters. So I will abstain in this case. Ms.Wilson, does that satisfy your legal requirements? Ms. Wilson: Yes sir. Mr.Redmond: Okay. Thank you. Mr. Horsley: I second. Mr. Sandloop: The vote is open. By recorded vote of 9-0,agenda items one,two,five with Commissioner Redmond abstaining from agenda item five, six, seven, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25 and 26 have been approved by consent. Ms. Oliver: Okay, thank you. And I'd like to thank all the applicants today who had a matter on the consent agenda at this hearing and these items will be scheduled for hearing at the City Council agenda. And so if you don't have any further business,if you were on the consent agenda, this would be a great time for you to leave. We'll give everybody a second to leave. All right. Thank you. The next order of business will be to address the remaining matters on our agenda. And with our City Clerk,please call the first item. 1 AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 203. 2. As depicted on the Parking Plan titled"4005 Atlantic Ave. Unit 203 - Designated Parking Space#33," submitted by Lawrence Kliewer to the Planning and Community Development Department and approved by the Zoning Administrator on 11-19-2019, a minimum of one (1) off-street parking space must be made available to the Short Term Rental occupants of Unit 203 and be a maintained all-weather surface. 3. This Conditional Use Permit shall expire five(5)years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department;however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions,or violations of any building,housing, zoning, fire or other similar codes. 4. No events with more than fifty(50) people present shall be held absent a special event 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. 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. 2 a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and owner/operator contact information; b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one(1), four(4) square foot sign,may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven(7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three(3)individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 3 m 0 N F- Z D W Z W ^ Q U C _ E- 'in Z Q Q Q - — Q- 2 Q 0 H ii. tA .,,, Z � rr�� 11.4 * o Z , f ttcA _- ��.► '� pt18'n, oW ,cc Lu 0 up / .;� V CT) 2 ao �;/CC / ,7 t _ �. ;. Q. .. i W / I(' _ - __-.2------;- ---'----- ---z-----, ---------------- * _ el +- --'''l N U - ti CC It Q William N. Miller From: Anita Purcell <anitabp@comcast.net> Sent: Monday,January 6, 2020 11:56 AM To: William N. Miller Subject: Conditional Use Permit at Oceans Condominium. Kliewer and Pennsylvania Applicant CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Miller, I am the owner of two units at the Oceans Condo, Unit 1505 and 1503. I live in Richmond and can not be at the Planning Commission on January 8. I would like to state that I am strongly opposed to this short term rental applicant. The Condo Association does a wonderful job of handling condo issues and,as stated in the condo bylaws, short term rentals are not allowed. The applicants surely read the documents and are aware of this stipulation. Why do they feel that they are beyond the rules? just wanted to voice an opinion. Thank you,Anita Purcell Sent from my iPad 1 From: Eddie Schneider To: William N.Miller Subject: Conditional Use Permits for 4005 Atlantic Ave,Units 107 and 203 Date: Tuesday,January 7,2020 9:40:05 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. We are owners of a condominium at 4004 Atlantic Ave., Virginia Beach, Virginia 23451, and wish to express our objection to granting such conditional use permits for these applicants. The property in question has no in-house security to monitor the activities of its occupants, and therefore presents a security threat to our property. In addition, once you approve one or two of these units, the remaining owners might turn this complex into a "glorified motel." Thank you for your attention to this matter. Edward and Sandra Schneider o 11 . November 27, 2019 Department of Planning Zoning Administration City of Virginia Beach 2875 Sabre Street, Suite 500 Virginia Beach, Virginia 23452 Re: 4005 Atlantic Avenue, Unit 203 Conditional Use Permit Request for a Short-Term Rental To Whom It May Concern: The applicant's representative, Bruce E. Pensyl, provided to me, the Property Manager for the Oceans II Condominium Association, the CUP application package for unit 203, including the requirement for a letter of support by our Board of Directors. On Wednesday, November loth,2019, at their regular meeting,the Board of Directors reviewed and approved the application package for Unit 203 with a full quorum of members in attendance, either in person or by phone. Should you have questions concerning their application or the Board support, please feel free to contact me at 757.333.7675. Sincerely, .E Britton, III Senior Advisor c/o Community First Management 3061 Brickhouse Court,Suite 109 Virginia Beach,VA 23452 jeb@CommunityFirstManagement.com 757-333-7675 December 1, 2019 Department of Planning Zoning Administration City of Virginia Beach 2875 Sabre Street_Suite 500 Virginia Beach, Va.23452 Re:4006 Adanac Avenue,Unlit 203 Con$tlonal Use Permit Request for a Short-Term Rental To whom it may concern: I have been approached by Bruce Pensyl who is co-owner of the unit stated above,concerning the conditional use permit application. I completely support the Conditional Use Permit Application of Bruce Pensy►and Lawrence Ktlewer for a shod term rental. Sincerely. 4. kf �- r -��t. Unit Number: 105 Qsr Coil._---- Please print name December 1, 2019 Department of Planning Zoning Administration City of Virginia Beach 2875 Sabre Street, Suite 500 Virginia Beach, Va. 23452 Re:4005 Atlantic Avenue, Unlit 203 Conditional Use Permit Request for a Short-Term Rental To whom it may concern: I have been approached by Bruce Pensyl who Is co-owner of the unit stated above, concerning the conditional use permit application. I completely support the Conditional Use Permit Application of Bruce Pensyl and Lawrence Kiiewer for a short term rental. Sincerely, 6A1"--) Unit Number: ioy/ dfC�'�'ir lL (07x401/11'1J1'1 erbld'Al E. hi s Please print nafne December 1, 2019 • Department of Planning Zoning Administration City of Virginia Beach 2875 Sabre Street, Suite 500 Virginia Beach, Va. 23452 Re: 4005 Atlantic Avenue, Unlit 203 Conditional Use Permit Request for a Short-Term Rental To whom it may concern: I have been approached by Bruce Pensyl who is co-owner of the unit stated above, concerning the conditional use permit application. I completely support the Conditional Use Permit Application of Bruce Pensyl and Lawrence Kliewer for a short term rental. Sincerely, Unit Number: o S /1-°6 Please print name December 1,2019 Department of Planning Zoning Administration City of Virginia Beach 2875 Sabre Street,Suite 500 Virginia Beach,Va.23452 Re:4005 Atlantic Avenue, Unlit 203 Conditional Use Permit Request for a Short-Term Rental To whom It may concern: I have been approached by Bruce Pensyl who is co-owner of the unit stated above,concerning the conditional use permit application. I completely support the Conditional Use Permit Application of Bruce Pensyl and Lawrence Kliewer for a short term rental. Sincerely, Unit Number: 20 3 \i\xl -ex\ Please print name December 1, 2019 Department of Planning Zoning Administration City of Virginia Beach 2875 Sabre Street, Suite 500 Virginia Beach, Va. 23452 Re: 4005 Atlantic Avenue, Unlit 203 Conditional Use Permit Request for a Short-Term Rental To whom it may concern: I have been approached by Bruce Pensyl who is co-owner of the unit stated above, concerning the conditional use permit application. I completely support the Conditional Use Permit Application of Bruce Pensyl and Lawrence Kliewer for a short term rental. Sincerely, Unit Number: 3CJ� JL',j 1A1. L / h dlt (' icMa Please print name December 1, 2019 Department of Planning Zoning Administration City of Virginia Beach 2875 Sabre Street, Suite 500 Virginia Beach, Va. 23452 Re: 4005 Atlantic Avenue, Uniit 203 Conditional Use Permit Request for a Short-Term Rental To whom it may concern: I have been approached by Bruce Pensyl who is co-owner of the unit stated above, concerning the conditional use permit application. I completely support the Conditional Use Permit Application of Bruce Pensyl and Lawrence Kliewer for a short term rental. Sincerely, 1 411's N.1, Unit Number: tCHRE 80•tSQ°Ei� Please print name v +u Li- o r cv I ' • II 1::: -r� ! I� �� 1 �' 1 iffT'. ----------- O Ce , \c4, ‘ \ . \ .40) \ oe 06.0 <4 3;) U v' " \ t pve cv a e , _- -'--'--L ..."--'...\ ‘ \ 43) CC \i N N vi a) J t , ,.....t,..,,.. oh�, L.........„ TE , _ w„ ii ,,, ,..,--i ,..,:,,,.„,.., CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: LINDA URGO [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 4005 Atlantic Avenue, Unit 107 (GPIN 2428051448). COUNCIL DISTRICT— BEACH MEETING DATE: February 4, 2020 • Background: This approximately 14,500 square foot property is located within the OR Oceanfront Resort District and contains 42 condominium units. This applicant is requesting a Conditional Use Permit for Short Term Rental for only one of the units. City records indicate that the dwelling contains one-bedroom. Consequently, the maximum occupancy for guests on-site after 11:00 p.m. is three. The minimum number of off-street parking spaces required for the Short Term Rental use is one space per bedroom, or one space in this case. • Considerations: The proposed Short Term Rental is located adjacent to the public beach of the Atlantic Ocean where Short Term Rental use is to be expected. The required parking is accommodated in a parking lot owned by the condominium association. It appears all requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Six letters of support from other owners within the applicant's condominium complex were received by staff. Two letters of opposition from unit owners of the condominium complex at 4004 Atlantic Avenue, located east of the subject site (across Atlantic Avenue), were also received by staff. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 107. 2. As depicted on the Parking Plan titled "Oceans II Parking Lot Space Assignments," dated May 2019 and submitted by Linda Urgo to the Planning and Community Development Department, a minimum of one (1) Linda Urgo Page 2 of 3 on-site parking space must be a maintained all-weather surface and be made available to the Short Term Rental occupants of unit 107. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events with more than fifty (50) people present shall be held absent a special event 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. 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23- 69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. Linda Urgo Page 3 of 3 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10.Accessory structures shall not be used or occupied as Short Term Rental. 11 .No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department Rm City Manager:1/W' Applicant and Property Owner: Linda Urgo Agenda Item Public Hearing:January 8, 2020 City Council Election District: Beach 23 ('il y of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Wilk Approval V. illgi Oil Staff Planner William Miller Location 4005 Atlantic Avenue, Unit 107 111/4111i , iiim .1011 GPIN 2428051448 �"'� Site Size 14,500 square feet eilli„di \ Existing Land Use and Zoning District Multi-family dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North Multi-family dwellings/OR Oceanfront Resort OP 7 South .,y, 40th Street (Beach pedestrian access) " Hotel/OR Oceanfront Resort - t ., East # Public Beach of the Atlantic Ocean/OR 1 `;, Oceanfront Resort " ; West k,:- Multi-family dwellings/OR Oceanfront Resort t = ,- ' t Linda Urgo Agenda Item 23 Page 1 Background and Summary of Proposal Site Conditions and History • This property is approximately 14,500 square feet and is located within the OR Oceanfront Resort Form Based Code District. • According to City records, this lot contains 42 condominium units. • According to city records, the condominium was constructed in 1976; however, part of the building was previously a motel that was constructed at an earlier date. No records were found documenting the construction year of the older part of the building. • According to the submitted parking plan, the condominium has 42 assigned off-street parking spaces. • No previous zoning violations were found relating to 4005 Atlantic Ave, Unit 107. • On October 8, 1973, City Council approved the expansion of an existing motel on this site.The approval allowed the 30-unit motel to add an additional 13-units. One of the conditions required all units have at least one off- street parking space. Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for a unit within a multi-family dwelling building located on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 1 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 3 • Number of parking spaces required (1 space per bedroom required): 1 • Number of parking spaces provided: 1 Linda Urgo Agenda Item 23 Page 2 r 1 3 Zoning History # Request oa. 1 CUP(Add 13 units to an existing 30-unit motel)Approved 10/08/1973 2 CUP(Condominium)Approved 12/18/1972 > oR ; tiR2 NON (Stockbroker's office)Approved 11/10/1980 y//�_I, t 3 CUP(Hotel)Approved 05/14/1973 4 %� t SVR Approved 02/16/2016 sueet 4 REZ(RT-1 and R7.5 to OR)Approved 12/10/2013 SVR Approved 12/10/2013 OR R •, ALT Approved 12/10/2013 OR 5 CUP(Church expansion)03/11/1987 R = OR CUP(Church Expansion)06/27/2000 -2'5 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The proposed Short Term Rental unit is located adjacent to the public beach of the Atlantic Ocean where Short Term Rental of condominium units are to be expected.The requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 107. 2. As depicted on the Parking Plan titled "Oceans II Parking Lot Space Assignments," dated May 2019 and submitted by Linda Urgo to the Planning and Community Development Department, a minimum of one (1) on-site parking space must be a maintained all-weather surface and be made available to the Short Term Rental occupants of unit 107. 3. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events with more than fifty (50) people present shall be held absent a special event 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. 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or an agent of the owner or operator, who is available to be contacted and to address conditions Linda Urgo Agenda Item 23 Page 3 occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Linda Urgo Agenda Item 23 Page 4 Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners. Six letters of support and two letters of opposition have been received by Staff relating to this request. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 9, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, December 22, 2019, and December 29, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 20, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on January 2, 2020. City Council • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays,January 19, 2020, and January 26, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 17, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 31, 2020. • Six letters of support and two letters of opposition have been received by Staff relating to this request. Linda Urgo Agenda Item 23 Page 5 Site Layout and Parking Plan 1 I I Z by o' w a_� - ~ .. �.. . = .. 1 1 r' ess - D • k t I. 'Jr 4005 Atlantic' venue 3=6` I I 14 t . tA It 0' : .• gX s .fir vs 1' f g 11 _ :____ r 3 r . _____.,„.,.. S _ L � Nr.r 60'• MA Ai' 1 '0" STREET 60' ' - c Aven ue ntI , .40.,„,,..--N, 9 s' t if , 4 9.1i t� y- b ch accessl .''''' "'Ili 10 i ..--i .•.- ,, ` . r _ _ .. . i _. _ . 0,. \ _ . • .© - *—.° t - assigned tO • t•°' ace to , parking sp pve,Unit 2 p05 Atlant-c 4 } ,. �^ ... - S 7 :3915 ATLANTIC 3913 ATLANTIC �) �. f - AVE c iill ', ... itt' ..,v •\ Ulrvi<ya , Linda Urgo Agenda Item 23 Page 6 Site Photos NW 111111111.00.01 mingimm WWI IMINNiiR - V Imo • v mow$>. - J � .r ;_x. Linda Urgo Agenda Item 23 Page 7 Disclosure Statement .' _,11 . APPLICANT'S NAME urea DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City I Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Exception for )(EDIP) Changes Board of Zoning 1 Encroachment Request Rezoning Appeals I _ Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE be 2 to I Page 1 of 7 Commission and ❑ Ot `i-ZOZo i NHL Linda Urgo Agenda Item 23 Page 8 • Disclosure Statement Nt13 Virginia Raw-b Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. f] Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. bk(A) List the Applicant's name: i Ab €Pg' If an LLC,list all member's names: If a CORPORATION,list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Appikant. P{ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:__kj N11,A tf�bo If an LLC,list the member's names: Page 2 of 7 Linda Urgo Agenda Item 23 Page 9 Disclosure Statement vzo If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) • (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity z relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Linda Urgo Agenda Item 23 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) {�( C Accounting and/or preparer of 5-E LF \� 1_ your tax return c� Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Aaalicant)-identify purchaser and purchaser's service providers Any other pending or proposed INpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) 02 Construction Contractors ta Engineers/surveyors/Agents Financing (include current mortgage holders and lenders I (� selected or being considered to provide financing for acquisition or construction of the property) nt1 Legal Services Real Estate Brokers/ ® tf Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n �( an interest in the subject land or any proposed development LL contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Linda Urgo Agenda Item 23 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application.t_i6fDA 046 &. 1 Ar i104k L) c0 /dl k 9 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Linda Urgo Agenda Item 23 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Linda Urgo Agenda Item 23 Page 13 Item#23 Linda Urgo Conditional Use Permit(Short-Term Rental) 4005 Atlantic Avenue, Unit 107 January 8, 2020 RECOMMENDED FOR APPROVAL-CONSENT Mr. Weiner: Thank you. Is there any opposition to this being placed on the consent agenda? Okay,the next items on the consent agenda are for short term rental. The planning commission places the following applications for the great conditional use permit for short term rental and a consent agenda as these applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications and there's no known opposition for the following items 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25 and 26. That being said, I move for approval on the consent agenda items 1,2, 5, 6, 7, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24,25, and 26. Mr.Redmond: Madam Chair? Ms. Oliver: Yes sir. Mr. Redmond: I'm going to support the all of these on consent. However,I would note that with regard to a specific B-2 agenda item number five of Town Center Associates 12, LLC, I will be abstaining. I'm a commercial real estate broker with Divaris Real Estate,Inc. Divaris Real Estate, Inc. leases and manages the Town Center and various principles of the company where I work, our principals in Town Center Associates. I don't believe very frankly that that affects me in any way. I've never earned a nickel from the Town Center, but for purposes of appearance, I nonetheless tend not to vote on these matters. So I will abstain in this case. Ms.Wilson, does that satisfy your legal requirements? Ms. Wilson: Yes sir. Mr.Redmond: Okay. Thank you. Mr.Horsley: I second. Mr. Sandloop: The vote is open. By recorded vote of 9-0,agenda items one,two,five with Commissioner Redmond abstaining from agenda item five, six, seven, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22,23, 24,25 and 26 have been approved by consent. Ms. Oliver: Okay, thank you. And I'd like to thank all the applicants today who had a matter on the consent agenda at this hearing and these items will be scheduled for hearing at the City Council agenda. And so if you don't have any further business,if you were on the consent agenda, this would be a great time for you to leave. We'll give everybody a second to leave. All right. Thank you. The next order of business will be to address the remaining matters on our agenda. And with our City Clerk,please call the first item. 1 • r AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 107. 2. As depicted on the Parking Plan titled"Oceans II Parking Lot Space Assignments," dated May 2019 and submitted by Linda Urgo to the Planning and Community Development Department, a minimum of one (1) on-site parking space must be a maintained all-weather surface and be made available to the Short Term Rental occupants of unit 107. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events with more than fifty(50) people present shall be held absent a special event 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. 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. 2 a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one(1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven(7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law,interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 3 i J �f 0 CV c-I - C a. o Z •o �0 a a O Z W � p > �� . Ak U ci_ < t, z0_ __I \� . . .__ O s P , \ ‘ ix D ..,,,g a SI / �' ,_• r ..tatte--::-:=---- -----\- . lik J iii William N. Miller From: Anita Purcell <anitabp@comcast.net> Sent: Monday,January 6, 2020 11:56 AM To: William N. Miller Subject: Conditional Use Permit at Oceans Condominium. Kliewer and Pennsylvania Applicant CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Miller, I am the owner of two units at the Oceans Condo, Unit 1505 and 1503. I live in Richmond and can not be at the Planning Commission on January S. I would like to state that I am strongly opposed to this short term rental applicant. The Condo Association does a wonderful job of handling condo issues and,as stated in the condo bylaws, short term rentals are not allowed. The applicants surely read the documents and are aware of this stipulation. Why do they feel that they are beyond the rules? just wanted to voice an opinion. Thank you,Anita Purcell Sent from my iPad 1 From: Eddie Schneider To: William N.Miller Subject: Conditional Use Permits for 4005 Atlantic Ave,Units 107 and 203 Date: Tuesday,January 7,2020 9:40:05 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. We are owners of a condominium at 4004 Atlantic Ave., Virginia Beach, Virginia 23451, and wish to express our objection to granting such conditional use permits for these applicants. The property in question has no in-house security to monitor the activities of its occupants, and therefore presents a security threat to our property. In addition, once you approve one or two of these units, the remaining owners might turn this complex into a "glorified motel." Thank you for your attention to this matter. Edward and Sandra Schneider AuthenDsIgn ID.30138E935 FCE6I62F.83AD-D1441304890A William Miller Planning Department Virginia Beach, VA 23452 We Tom Cunningham & Lea Branson am an owner of an Oceans II Condo, 4005 Atlantic Avenue, Unit 207 , Virginia Beach, VA 23451, which adjoins the unit owned by Linda Urgo (Unit#107). She has made me aware that she is applying for a Conditional Use Permit, subject to the recent ordinances adopted by the City of Virginia Beach and I am signing this document below to indicate that I have no objection to her being approved for a Conditional Use Permit, which would allow her to rent out her condo on a short term rental basis. Pant 11/11/2019 eunningriam gtattocut 11/11/2019 11111I3019 3 5720 PM EST 11/11/1019 35701 Pia EST Owner Name- Date Signed Tom Cunningham Lea Branson William Miller Planning Department Virginia Beach, VA 23452 I, Randy Tabor,am the owner of several Oceans II Condos,4005 Atlantic Avenue, Unit 110, 111,212,Virginia Beach,VA 23451,which are located near the unit owned by Linda Urgo (Unit#107). Linda Urgo has made me aware that she Is applying for a Conditional Use Permit, subject to the recent ordinances adopted by the City of Virginia Beach regarding short-term rentals,and I am signing this document below to indicate that I have no objection to her being approved for a Conditional Use Permit,which would allow her to rent out her condo on a short-term rental basis. Itil I Owner Name- Randy Tabor Date Signed William Miller Planning Department Virginia Beach, VA 23452 I, Mary Simons, am the owner of an Oceans II Condo, 4005 Atlantic Avenue, Unit 101, Virginia Beach,VA 23451, which is located near the unit owned by Linda Urgo (Unit #107). Linda Urgo has made me aware that she is applying for a Conditional Use Permit,subject to the recent ordinances adopted by the City of Virginia Beach regarding short-term rentals,and I am signing this document below to indicate that I have no objection to her being approved for a Conditional Use Permit,which would allow her to rent out her condo on a short-term rental basis. /a ??) 446_1u Owner Name- Mary Simons Date Signed William Miller Planning Department Virginia Beach, VA 23452 I, Caroline Kelsey, am the owner of an Oceans II Condo, 4005 Atlantic Avenue, Unit 204, Virginia Beach, VA 23451, which is located near the unit owned by Linda Urgo (Unit #107). Linda Urgo has made me aware that she is applying for a Conditional Use Permit, subject to the recent ordinances adopted by the City of Virginia Beach regarding short-term rentals, and I am signing this document below to indicate that I have no objection to her being approved for a Conditional Use Permit, which would allow her to rent out her condo on a short-term rental basis. /-2/.,2-6/ � Owner Name- Caroline Kelsey Date Signed William Miller Planning Department Virginia Beach, VA 23452 I, M.D. Kastelberg, am the owner of an Oceans II Condo,4005 Atlantic Avenue, Unit 106, Virginia Beach,VA 23451, which is located directly next to the unit owned by Linda Urgo (Unit#107). Linda Urgo has made me aware that she is applying for a Conditional Use Permit,subject to the recent ordinances adopted by the City of Virginia Beach regarding short-term rentals,and I am signing this document below to indicate that I have no objection to her being approved for a Conditional Use Permit, which would allow her to rent out her condo on a short-term rental basis. Owner Name- M.D. Kastelberg Date Signed William Miller Planning Department Virginia Beach, VA 23452 I,John Birsch, am an owner of an Oceans II Condo,4005 Atlantic Avenue, Unit 108, Virginia Beach,VA 23451,which adjoins the unit owned by Linda Urgo (Unit#107). She has made me aware that she is applying for a Conditional Use Permit, subject to the recent ordinances adopted by the City of Virginia Beach and I am signing this document below to indicate that I have no objection to her being approved for a Conditional Use Permit, which would allow her to rent out her condo on a short term rental basis. � z- �- 1 � Own Name- John Birsch Date Signed rr U I, LT,,)„,„\,..,-------- ,li ..„.60 _II lam \L________---3 N v a E.. , Apr / 4......._ jtaf Lift-, -al 6..., , . Er alio 1 j I p d j i t` C,Nxxot%.Va ma I C3 . %Ls. .. . .,.- .1 %,\Ntimiliria*.‘ i a) cz Q. t ../ /i___/ 0 C t ''1/4NX%\„\ ilii a is h -7 cn �� -J 4.0 o_ mt/ N __ • a Q __ 7� - I 1 I l Ca 76 CD H 0 .. __ 0 I G O --� I 0 CO a o cQ CID ----- _. 1 I - `bS,4 1JJ t CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: ROBERT L. STEPHENSON, JR. [Applicant] RYAN DUNLAP [OWNER] Conditional Use Permit (Short Term Rental) for the property located at 940 Indian Circle (GPIN 2417835489). COUNCIL DISTRICT — BEACH MEETING DATE: February 4, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on this 2,044 square-foot parcel on property zoned A-12 Apartment District. This lot contains one townhouse dwelling. City records note this unit as having two- bedrooms. The maximum occupancy for guests on-site after 11:00 p.m. for a two- bedroom Short Term Rental is six. The minimum number of parking spaces required for this use is one per bedroom, or two spaces in this case. • Considerations: This property exists in a neighborhood near the oceanfront and zoned for townhouse and single-family dwellings. The property's existing driveway can accommodate two off-street parking spaces, which satisfies the required parking and in Staff's view, all requirements of Section 241.2 of the Zoning Ordinance regulating a two-bedroom Short Term Rental can be reasonably met. There is no known opposition to this application. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 940 Indian Circle and the Short Term Rental use shall only occur in the principal structure. 2. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. Robert L. Stephenson, Jr. Page 2 of 3 3. No events with more than fifty (50) people present shall be held absent a special event 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. 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 5. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. 9. Accessory structures shall not be used or occupied as Short Term Rental. 10.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 11.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 12.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. Robert L. Stephenson, Jr. Page 3 of 3 13.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 14.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be six (6) individuals (three (3) individuals per bedroom). 15.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r Submitting Department/Agency: Planning Department /`-92 City Manager: M� Applicant: Robert L. Stephenson, Jr.Owner: Ryan Dunlop Agenda Item Public Hearing:January 8, 2020 aryof City Council Election District: Beach 22 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation ,, '''`1 ' Approval �' -'`°'' "" e Staff Planner e Hoa N. Dao .,,,. \.,...c..._..e:.....___........ 100 - Location 940 Indian Circle 1101 GPIN a __.4 24 17835489 Site Size Will •....1'.. 2,044 square feet i 1 z t Existing Land Use and Zoning District Townhouse/A-12 Apartment Surrounding Land Uses and Zoning Districts North am �p ''o ,, C i i 34 Indian Circle g ` - 4 . ,ff s . 1, Townhouses/A-12 Apartment .'" South A Townhouses/A-24 Apartment 1= A " ``I' .031 -- �" - East ` 4,4.. a , p Townhouses/A-12 Apartment i0 2 EF L 4i;' - 4 West r . ; Townhouses/A-12 Apartment �t.� t YY r$ ,t ! ., `.r"c t f.f E Y A.' IL Robert L. Stephenson,Jr. Agenda Item 22 Page 1 Background and Summary of Proposal Site Conditions and History • The property is a 2,044 square foot lot zoned A-12 Apartment District. • The Short Term Rental will occupy the attached townhouse that was constructed in 1975. • There are no code violations or City Council actions found on this property. Summary of Proposal • The applicant submitted a Conditional Use Permit request for a two-bedroom Short Term Rental at 940 Indian Circle.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 6 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided: 2 1 0 15 _Ai ..,3\ '? / gg A-24° v A-18 iJ_ P pU eGtrd° K ------' -- — 1 eiiig.161:111. `'____\-_-__I, t e,L:3\ ____R-\5,S--1-:_i II\ Lands End Way main Chili -ROI ,A, to., _ Zoning History ��iC, PI P��J # Request °_` p`p 1 CRZ(A-18 to A-24)Approved 12/07/2004 �$ v �t 2 MOD(Conditions)Withdrawn 05/10/1994 eitz,„*4111011"-- irn r— rn ,_^� Angler Lane unwind", ai��'�'D\0 lJ t c 49114,7 ! „ryn ! E`* C °CP\ P-t o 1�1!lii!I/%%!j ,S 4 ir Ar18� - '� t 1 r��•c,3 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Robert L. Stephenson,Jr. Agenda Item 22 Page 2 Evaluation and Recommendation The applicant is requesting to operate a two-bedroom Short Term Rental within the existing 1,120 square foot attached townhouse.There are two on-site parking spaces dedicated for each townhouse unit in this development.The proposal satisfies the parking requirement and in Staffs view,all requirements of Section 241.2 of the Zoning Ordinance regulating Short-Term Rentals can be reasonably met with this application. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 940 Indian Circle and the Short Term Rental use shall only occur in the principal structure. 2. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 3. No events with more than fifty(50) people present shall be held absent a special event 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. 4. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 5. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 6. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. Robert L. Stephenson,Jr. Agenda Item 22 Page 3 9. Accessory structures shall not be used or occupied as Short Term Rental. 10. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 11. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 13. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 14. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 15. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 9, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, December 22, 2019, and December 29, 2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 20, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on January 2, 2020. City Council • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sundays,January 19, 2020 and January 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 17, 2020 Robert L.Stephenson,Jr. Agenda Item 22 Page 4 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/depa rtments/city-clerk/city-council/Documents/Bookma rkedAgenda.pdf on January 31, 2020. Robert L.Stephenson,Jr. Agenda Item 22 Page 5 Site Layout and Parking Plan 64.4. tte 1 .4 re 3` t. o 1. lit; t N lit\ \ t ‘ ,, ". 2., i‘.1 . 1N 1X1 1 1 t. 10 I rf • a' 11 i . l t 1- :j • • o 2 W Q 10 cc CC 7 O o v� CC m t a:=1 N V 'R .7 At A / 1 F 100:104 r 1 O 4 qg o i N F' 1 cad L1 f, .?Ci 91 =,1L,fL.11 Mi ^ c cr) aaaa �s��o:msau Robert L. Stephenson,Jr. Agenda Item 22 Page 6 Site Photo x y� sy Jr WY+ � : [ = � 1 1 ft Robert L. Stephenson,Jr. Agenda Item 22 Page 7 Disclosure Statement 113 t irginia Beaeh APPLICANT'S NAME Robert L. Stephenson,Jr DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City i Modification of by City Property L Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals . Certificate of Floodplain Variance Appropriateness Street Closure Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit 1 License Agreement Wetlands Board s y The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any 1 Page 1 of 7 Plannin Commission and Cit.Council meetin that ertains to the application(s). { 0 APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: I. 't st.tt aZc 0 REVISIONS SUBMITTED DATE: Robert L. Stephenson,Jr. Agenda Item 22 Page 8 Disclosure Statement Virginia Reach ECheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. uCheck here if the APPLICANT iS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:______ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for Information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOTa corporation, partnership,firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's If an LLC, list the member's names: Page 2 of 7 Robert L. Stephenson,Jr. Agenda Item 22 Page 9 Disclosure Statement NIB Br v If a Corporation, list the names ofall officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiaryrelationship" means "a relationshipthat exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 `Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (Ill) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Robert L. Stephenson,Jr. Agenda Item 22 Page 10 Disclosure Statement Vir3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if —- __ needed) ® Accounting and/or preparer of Nevada Corporate Headquarters 1 your tax return nArchitect/Landscape Architect/ N/A Land Planner Contract Purchaser(if other than N/A the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed N/A l l ® purchaser of the subject property l I (identify purchaser(s)and purchaser's service providers) EConstruction Contractors N/A ElI Engineers/Surveyors/Agents Financing(include current Center Iv ❑ mortgage holders and lenders L selected or being considered to provide financing for acquisition or construction of the property) IX Legal Services N/A Real Estate Brokers/ Carrie Coppenhaver,Prodigy Realty Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Robert L. Stephenson,Jr. Agenda Item 22 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or geting of any public body or committee in connection with this A licatio � Robert L.Stephenson,Jr to 12 Sin APPUCAN 'S 4GNATURE PRINT NAME DATE Page 5 of 7 Robert L. Stephenson,Jr. Agenda Item 22 Page 12 Disclosure Statement liS3 OWNER Virginia Reach Yl S i [ SERVICE I r ad PROVIDER(use ditional sheets it 1 . I [PROVIDER ` NO needed) ..-._ • nC I Accounting and/or preparer of your tax return Architect/Landscape Architect/ ' Land Planner � Contract Purchaser(if other than i ❑ Ii I the Applicant) identify purchaser; . and purchaser's service providers Any other pending or proposed ❑ fit purchaser of the subject property ICI (identify purchaser(s)and purchaser's service providers) ❑ _--- _ __ - 1 Construction Contractors ❑ XI ' Engineers/Surveyors/Agents Y — _ __ I Financing(include current ❑ r mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) . El ® Legal Services — I� I Real Lstate Brokers/ — —^ PI u Agents/Realtors for current and i anticipated future sales of the Isubject property__ - SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have u A an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official ur employee and what is the nature of me interest? Parer 6 of 7 Robert L. Stephenson,Jr. Agenda Item 22 Page 13 Disclosure Statement Virginia Beach CERTIFICATION: _ r I certify that all of the information contained in this Disclosure Statement Form is i complete,true,and acr tat ate. I understand that, upon receipt of notification that Ow application has beet' scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VSDA meeting, or meeting of ally public body or committee in connection with this Appliccaatiop _-_ 44 PROPERTY OWNER'S StGNA RE PRIP(1NAME wY ' TEvf Page 7 of 7 Robert L. Stephenson,Jr. Agenda Item 22 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Robert L.Stephenson,Jr. Agenda Item 22 Page 15 Item#24 Robert L. Stephenson, Jr. Conditional Use Permit(Short Term Rental) 940 Indian Circle January 8, 2020 RECOMMENDED FOR APPROVAL-CONSENT Mr.Weiner: Thank you. Is there any opposition to this being placed on the consent agenda? Okay,the next items on the consent agenda are for short term rental. The planning commission places the following applications for the great conditional use permit for short term rental and a consent agenda as these applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications and there's no known opposition for the following items 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25 and 26. That being said, I move for approval on the consent agenda items 1, 2, 5, 6, 7, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22,23,24,25, and 26. Mr.Redmond: Madam Chair? Ms. Oliver: Yes sir. Mr. Redmond: I'm going to support the all of these on consent. However,I would note that with regard to a specific B-2 agenda item number five of Town Center Associates 12, LLC, I will be abstaining. I'm a commercial real estate broker with Divaris Real Estate,Inc. Divans Real Estate, Inc. leases and manages the Town Center and various principles of the company where I work, our principals in Town Center Associates. I don't believe very frankly that that affects me in any way. I've never earned a nickel from the Town Center, but for purposes of appearance, I nonetheless tend not to vote on these matters. So I will abstain in this case. Ms. Wilson, does that satisfy your legal requirements? Ms. Wilson: Yes sir. Mr. Redmond: Okay. Thank you. Mr. Horsley: I second. Mr. Sandloop: The vote is open. By recorded vote of 9-0,agenda items one,two,five with Commissioner Redmond abstaining from agenda item five, six, seven, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25 and 26 have been approved by consent. Ms. Oliver: Okay, thank you. And I'd like to thank all the applicants today who had a matter on the consent agenda at this hearing and these items will be scheduled for hearing at the City Council agenda. And so if you don't have any further business,if you were on the consent agenda, this would be a great time for you to leave. We'll give everybody a second to leave. All right. Thank you. The next order of business will be to address the remaining matters on our agenda. And with our City Clerk,please call the first item. 1 AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 940 Indian Circle and the Short Term Rental use shall only occur in the principal structure. 2. This Conditional Use Permit shall expire five(5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 3. No events with more than fifty (50)people present shall be held absent a special event 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. 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 5. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6)months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 2 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. 9. Accessory structures shall not be used or occupied as Short Term Rental. 10. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 11. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven(7) day period. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 13. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 14. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 15. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 3 / ) ^r t: illiffi atIsis .45 IIIIIIIIIIIIIIIIII LLo o co /I 1"Iii*I"1. ----- -7r O I_ 1 -- i N -� o CNA c, ' = L CD _ \.c... cr) c> •... wIns rillift 3 ❑O r` U L o CC gIndian Road c -r- — -- _____ ____________ _ `____ _ iiiA o , i r -0 i - 1 __ ., i I , , i_ii ___ , ....3 0 0_1- _ a, co < m C c -Io CON a CDI. I 4S , rizC I r`i kv w^%%i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROBERT L. STEPHENSON, JR. [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 956 Indian Circle (GPIN 2417834538). COUNCIL DISTRICT — BEACH MEETING DATE: February 4, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on this 2,035 square-foot parcel on property zoned A-12 Apartment District. This lot contains one townhouse dwelling. City records note this unit as having two- bedrooms. The maximum occupancy for guests on-site after 11:00 p.m. for a two- bedroom Short Term Rental is six. The minimum number of parking spaces required for this use is one per bedroom, or two spaces in this case. • Considerations: This property exists in a neighborhood near the oceanfront and zoned for townhouse and single-family dwellings. The property's existing driveway can accommodate two off-street parking spaces, which satisfies the required parking and in Staff's view, all requirements of Section 241.2 of the Zoning Ordinance regulating a two-bedroom Short Term Rental can be reasonably met. There is no known opposition to this application. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 956 Indian Circle and the Short Term Rental use shall only occur in the principal structure. 2. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. Robert L. Stephenson, Jr. Page 2 of 3 3. No events with more than fifty (50) people present shall be held absent a special event 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. 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 5. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. 9. Accessory structures shall not be used or occupied as Short Term Rental. 10.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 11 .The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 12.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. Robert L. Stephenson, Jr. Page 3 of 3 13.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 14.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be six (6) individuals (three (3) individuals per bedroom). 15.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department )_29') City Manager: f lk f Applicant and Owner: Robert L. Stephenson, Jr. Agenda Item Public Hearing:January 8, 2020 City Council Election District: Beach 23 <'it y of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval • Staff Planner , Hoa N. Dao Location I 956 Loc Indian Circle IOW 1 G PIN 100 2417834538 83 538 Site Size 2,035 square feet o i k Existing Land Use and Zoning District Townhouse/A-12 Apartment Surrounding Land Uses and Zoning Districts North Indian Circle ip �exfs Townhouses/A-12 Apartment South -• �. Townhouses/A-24 Apartment East Townhouses/A-12 Apartment }' { e West # - Townhouses/A-12 Apartment 4 ,, . 964.poupo r _2 Robert L. Stephenson,Jr. Agenda Item 23 Page 1 Background and Summary of Proposal Site Conditions and History • The property is a 2,035 square foot lot zoned A-12 Apartment District. • The Short Term Rental will occupy the attached townhouse that was constructed in 1975. • There are no code violations or City Council actions found on this property. Summary of Proposal • The applicant submitted a Conditional Use Permit request for a two-bedroom Short Term Rental at 956 Indian Circle.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 6 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided: 2 A•24. 1 A•18 c / R'YS 01 1111111 t Eninn '0 Zoning History Lands End Way Indian Circle '•SS # Request [�] 1 CRZ(A-18 to A-24)Approved 12/07/2004 161111 '� 2 MOD(Conditions)Withdrawn 05/10/1994 • M duo P—\ 113 R S Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Robert L. Stephenson,Jr. Agenda Item 23 Page 2 Evaluation and Recommendation The applicant is requesting to operate a two-bedroom Short Term Rental within the existing 1,120 square foot attached townhouse. There are two on-site parking spaces dedicated for each townhouse unit in this development. The proposal satisfies the parking requirement and in Staffs view,all requirements of Section 241.2 of the Zoning Ordinance regulating Short-Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 956 Indian Circle and the Short Term Rental use shall only occur in the principal structure. 2. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 3. No events with more than fifty(50) people present shall be held absent a special event 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. 4. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 5. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 6. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. Robert L. Stephenson,Jr. Agenda Item 23 Page 3 9. Accessory structures shall not be used or occupied as Short Term Rental. 10. No signage shall be on-site,except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 11. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 13. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 14. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 15. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on December 9, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, December 22, 2019, and December 29, 2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 20, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on January 2, 2020. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 19, 2020 and January 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 17, 2020 Robert L. Stephenson,Jr. Agenda Item 23 Page 4 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 31, 2020. Robert L.Stephenson,Jr. Agenda Item 23 Page 5 Site Layout and Parking Plan (AYM 40 11.0IN H.0141 318VIaVA CNV AS) 3'1O2i10 NYIDNI aoror %•ass s wt <tI "= 0 z :° Z I w Y I 1 l- .{ 1 r o o 2 W O LL N O N I O = o II a NI -- I; Al %I Iy Is . H030 U E v O 1 0 nV} • a J 1 J oo c r c li o 1 1 4 1-T .i - ,17;;;II:;:--__ L., Robert L. Stephenson,Jr. Agenda Item 23 Page 6 Site Photo .r .; .- d i. ` S 1 r�Y '' ./'t. t�. �i;_ '@' .i%lam, • r'_ ..Z i ' _ � �t �� ri il j l_. it! ,.. 1 • . . . „._ f 1 I 1 ___ ../ ,_.... ,.. ._ , , ,....„....„.•• .._,•••:_•...,...__ . ,.....„.„... 7......,.., ;,,,...1....i.,....„1..._,„,...,,,,:t„,, , _. ,,, . . , ,... ,,...,,.... . .,......, ...., , , ,,,,,..,.. ,..,,,,,,,......„.,,i...•„:„.„_,....„,,._,..........,,,, ,. Robert L. Stephenson,Jr. Agenda Item 23 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME Robert L.Stephenson,Jr DISCLOSURE STATEM ENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplaln Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property ; Subdivision Variance Board Conditional Use Permit License Agreement J Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Mann i❑ Commission and City Council meetin.that;,ertains to the a;-:licatioots). © APPLICANT NOTIFIED OF HEARING DATE: 1317 NO CHANGES AS OF DATE: t.4Z. 2d2-og 4 Ei REVISIONS SUBMITTED DATE: • Robert L. Stephenson,Jr. Agenda Item 23 Page 8 Disclosure Statement Virgitnia Bench Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. UCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:___—. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity z relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only__if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOTa corporation, partnership,firm, business,or other unincorporated organization. nCheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization,AND THEN. complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Robert L. Stephenson,Jr. Agenda Item 23 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 "Affiliated business entityrelationship" means "a relationship, other than p" p, parent subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business ooeratinn or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Robert L. Stephenson,Jr. Agenda Item 23 Page 10 Disclosure Statement IN/113 APPLICANT Virginia Beach YES NO I SERVICE PROVIDER(nettle sheets if ICI Accounting and/or preparer of Nevada Corporate Headquarters L1I your tax return n Architect/Landscape Architect/ N/A V V Land Planner Contract Purchaser(If other than N/A ❑ El the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed N/A n ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) n C Construction Contractors WA CE Engineers/Surveyors/Agents Financing(Include current Denier U ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) - nix Legal Services N/A Real Estate Brokers/ Carrie Coppenhaver.Prodigy Realty z E Agents/Realtors for current and anticipated future sales of the subject ro ert SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach hav, iv an interest in the subject land or any proposed development • I� contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Robert L. Stephenson,Jr. Agenda Item 23 Page 11 Disclosure Statement Iifi3 Virginia Bear', 1 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or eting of any public body or committee in connection with this Applicatio Robert L.Stephenson, Jr 1 i')(2-$01 APPUCAN S GNATURE PRINT NAME I DATE Page 5 of 7 Robert L. Stephenson,Jr. Agenda Item 23 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Robert L.Stephenson,Jr. Agenda Item 23 Page 13 Item#25 Robert L. Stephenson,Jr. Conditional Use Permit(Short Term Rental) 956 Indian Circle January 8, 2020 RECOMMENDED FOR APPROVAL-CONSENT Mr.Weiner: Thank you. Is there any opposition to this being placed on the consent agenda? Okay,the next items on the consent agenda are for short term rental. The planning commission places the following applications for the great conditional use permit for short term rental and a consent agenda as these applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications and there's no known opposition for the following items 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25 and 26. That being said, I move for approval on the consent agenda items 1, 2, 5, 6, 7, 10, 11, 14, 15, 16, 17, 18, 19, 21,22, 23, 24, 25,and 26. Mr.Redmond: Madam Chair? Ms. Oliver: Yes sir. Mr. Redmond: I'm going to support the all of these on consent. However,I would note that with regard to a specific B-2 agenda item number five of Town Center Associates 12, LLC, I will be abstaining. I'm a commercial real estate broker with Divans Real Estate,Inc. Divans Real Estate, Inc. leases and manages the Town Center and various principles of the company where I work, our principals in Town Center Associates. I don't believe very frankly that that affects me in any way. I've never earned a nickel from the Town Center, but for purposes of appearance, I nonetheless tend not to vote on these matters. So I will abstain in this case. Ms. Wilson, does that satisfy your legal requirements? Ms.Wilson: Yes sir. Mr. Redmond: Okay. Thank you. Mr.Horsley: I second. Mr. Sandloop: The vote is open. By recorded vote of 9-0,agenda items one,two,five with Commissioner Redmond abstaining from agenda item five, six, seven, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22,23, 24,25 and 26 have been approved by consent. Ms. Oliver: Okay, thank you. And I'd like to thank all the applicants today who had a matter on the consent agenda at this hearing and these items will be scheduled for hearing at the City Council agenda. And so if you don't have any further business,if you were on the consent agenda, this would be a great time for you to leave. We'll give everybody a second to leave. All right. Thank you. The next order of business will be to address the remaining matters on our agenda. And with our City Clerk,please call the first item. 1 AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 956 Indian Circle and the Short Term Rental use shall only occur in the principal structure. 2. This Conditional Use Permit shall expire five(5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 3. No events with more than fifty(50) people present shall be held absent a special event 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. 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 5. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6)months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 2 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. 9. Accessory structures shall not be used or occupied as Short Term Rental. 10. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 11. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven(7) day period. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 13. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 14. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 15. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 3 11t 3' frIt\ to Q�1y \ t5�- ": \____-A -- - w ILL zt ----.--.\ (` �.,/ " . 3} �_ i ' Y 1\ 1 ; \ I\ rt = Q it Z'' -- �� \ \ \ \ s J `V `""'r � ' TT 's *-1t\k Ite y fil . ‘ (I) 0 II‘ Ss\% __\ CI) ' .' 3 . S t Ch CO 7/ ) 'N\ ,, \\\\\LO 1\440, 04 \ \cl\-\ Al 41 0 M 13. tX �. O k C..•. I. O t N �� k..,. \400 CA�y 4 _�' C a rnen rt as c c m c rs1 k Ft ) C` S it L. k'.. ----------'- 4•01 g =CU 0-e 00 0 „. . • . 4 (I) CITY OF VIRGINIA BEACH AGENDA ITEM i ITEM: TROY PERRY & LESLIE SPASSER [Applicant & Property Owner] Conditional Use Permit Short Term Rental for the property located at 396 58th Street (GPIN 2419700797). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: February 4, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use on this 3,900 square-foot parcel zoned R5-D Residential, located within the North End Overlay District. There is one four-bedroom duplex unit on the site requesting the short term rental use. The maximum occupancy for guests on-site after 11:00 p.m. for a four-bedroom Short Term Rental is twelve. The minimum number of parking spaces required for this use is one space per bedroom, or four spaces in this case. • Considerations: This property is located in neighborhood containing a mix of residential uses. All required parking is accommodated on the site, two spaces in the driveway and two spaces in the garage. There is a condition recommended that the garage area remain open as to accommodate two cars. There is also additional driveway area that can accommodate parking. The Zoning Administrator has reviewed the parking plan and determined it acceptable. All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Staff received one letter of opposition for this request • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. 1. The garage must remain open and available to provide two parking spaces. 2. The approval of this Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. Troy Perry & Leslie Spasser Page 2 of 3 3. No events with more than fifty (50) people present, shall be held absent a special event 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. 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 5. If or when the ownership of the property changes, the new property owner shall provide the updated information (a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property; otherwise, the use of the Short Term Rental shall be null and void. a. The owner/operator contact information; b. Registration with the Commissioner of Revenue's Office; and c. Proof of liability insurance. 6. To the extent permitted by state law, each Short Term Renal must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. 9. Accessory structures shall not be used or occupied as Short Term Rental. 10. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short-Term Renal. 11. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 13. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. Troy Perry & Leslie Spasser Page 3 of 3 14. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be twelve (12) individuals (three (3) individuals per bedroom.) 15. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department---4p City Manager: !/1Z/.- Applicant and Property Owner: Troy Perry & Leslie Spasser Agenda Item Public Hearing:January 8, 2020 BCity Council Election District: Lynnhaven 18 agof Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation likagi Approval Staff Planner Kevin Hershberger Location 396 58th Street ._„-- GPIN \\ ; 24197007970000 '� Site Size �� 3,900 square feet rill11111.9111ridkir 0.0•4 1 Existing Land Use and Zoning District ,, s..• Duplex/ R-5R Residential NE Surrounding Land Uses and Zoning Districts North • 58t"Street Single-family dwellings/ R-20 Residential ' South Duplex/ R-5R Residential NE East Single-family dwellings/ R-5R Residential NE West ' Dawson Road Single-family dwellings/ R-5R Residential NE - _ •$ 'F _ < S - E ? Troy & Leslie Spasser Agenda Item 18 Page 1 Background and Summary of Proposal Site Conditions and History • The 3,900 square foot parcel is zoned R-5R (NE) Residential District, North End Overlay. • City records indicate the site is developed with a duplex dwelling constructed in 2005. • There are no previous Council actions or zoning violations on the property. Summary of Proposal • Number of bedrooms in the Short Term Rental: 4 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 12 • Number of parking spaces required (1 space per bedroom required): 4 • Number of parking spaces provided: 4 * ` Rai J R 9R(NE) cAs .` J96jsbew 1� — co, f R-20 (R SR NE),,,- /�/ �� `�s Zoning History so' ot '; � _�r--, _ # Request r� 1 1 NON (Expansion to a nonconforming use)Approved �'` 'a; 10/21/2014 R,R,r�r i \R---5-0,4E) It i �� , -\ Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—ConditionalRezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation This Conditional Use Permit request is to use one dwelling of an existing duplex as a short term rental. A plan showing the required four parking spaces are accommodated on site, using both the driveway and garage area, was approved by the Zoning Administrator. Proof of liability insurance for$1,000,000 has been provided. No signage has been proposed yet. No letters of opposition or support have been received. Base on the considerations above, Staff recommends approval of this request with the conditions listed below. Troy & Leslie Spasser Agenda Item 18 Page 2 Recommended Conditions 1. The garage must remain open and available to provide two parking spaces. 2. The approval of this Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short-Term Renal,where the Short-Term Renal has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 3. No events with more than fifty(50) people present,shall be held absent a special event 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. 4. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short-Term Renal within thirty(30) minutes. Physical response to the site of the Short-Term Renal is not required. 5. If or when the ownership of the property changes,the new property owner shall provide the updated information (a through c below)to the Department of Planning and Community Development for review and approval.Said updated information shall be provided within six(6) months from the real estate transaction closing date on the property; otherwise,the use of the Short-Term Renal shall be null and void. a) The owner/operator contact information; b) Registration with the Commissioner of Revenue's Office; and c) Proof of liability insurance. 6. To the extent permitted by state law, each Short-Term Renal must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. 9. Accessory structures shall not be used or occupied as Short-Term Renal. 10. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short-Term Renal. 11. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 13. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. Troy& Leslie Spasser Agenda Item 18 Page 3 14. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 15. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short-Term Renal. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 9,2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, December 22, 2019 and Sunday, December 29, 2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 20, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on January 2, 2019. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 19, 2020, and January 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 17, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 31, 2020. • Enter number of letters here letters of support/opposition have been received by Staff noting concerns related to. One letter of opposition has been received.And one letter of support has been received. Troy& Leslie Spasser Agenda Item 18 Page 4 Site Layout and Parking Plan Of Y!R(yPtlA Y sa T4 aM pi 1�w w.r 1�rr. Y d OSIP. T,' a s. spew / II! ' .. 1-800-552-7001 for , 58Ih ,,, .� ;r am Air IRS . 1 tx- ..^a . •.'`""' - t,.. 4 . •1' .:� Md -�. rli ,w.M.....n, 1 a• j 1a > i iod 1 m M. I.rn j3 -.!a0• r3' 7+ti ac+•INV:i )'• 1P60.e N. I. St I IT i 1` y �.. u�snra! ...O(V/pS .. ' O YI.. (C 7Ml ,-\ **_ - 1 ..,'. : C Iwo -- jJ • •. I. Ia,aee MA ,� s. Ksy E r.. '' ' ear 411 S. did 440, i \ Si, V •a 4 Cl - : ; • '� 4 s (ON SMII) i• , I ' - FT.MO l a' , Pa D 1r—`"'1 �•'eo7 ...z . 1 q un ` 3 1 Gnu ♦ R. t _ -`r, to.90s Tra° I . . i .- lair --� __�' • 'a' .; ,.. IAc.lira ni0 , r SA y yo.d+i' !- \ II \ .s. ' . I A +:DAVuv V•AI[ i Troy& Leslie Spasser Agenda Item 18 Page 5 Site Photos t 'N's O ,Y j 4C 7i Fdi • y apt v { Troy & Leslie Spasser Agenda Item 18 Page 6 • Disclosure Statement Virginia B... , Troy Perry& Leslie Spasser A-PPLICANT S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City _ Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce tion for (EDIP) _ Board of Zoning Encroachment Request Rezoning A eals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 1 0 The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any i Page 1 of 7 Planning Commission and City Council meeting that pertains to the applkation(s). Ana APPLICANT NOTIFIED OF HEARING DATE: ,//, 4/4/ t,/ fijil M NO CHANGES AS OF DATE: �/ / � ��f� / �O h tra__ REVISIONS SUBMITTED DATE: ��17 Troy & Leslie Spasser Agenda Item 18 Page 7 Disclosure Statement (( Virginia Beach 1\71 Check here if the APPLICANT IS NOT a corporation, partnership; 'firm, business, or other unincorporated organization. riCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Troy Perry&Leslie Spasser If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary i or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. U Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Troy & Leslie Spasser Agenda Item 18 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 ♦-,_ram,. -, �,�.:,... __ 'A -il--.,.. .__ _: -- z -... .__�, ..� - T_: r�,..� SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be.perated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Troy& Leslie Spasser Agenda Item 18 Page 9 Disclosure Statement NNA, ' APPLICANT • ir Virginia Beach IYES NO SERVICE _ PROVIDER(nste additionalsheetsIf dedi I Accounting and/or preparer of u your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed I 17 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) UV Construction Contractors 111 VI Engineers/Surveyors/Agents Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 1 Legal Services Real Estate Brokers/ Amber Parker Atkinson n Agents/Realtors for current and i 932 Laskin Rd Ste 300 I I I anticipated future sales of the Virginia Beach,VA 23451 subject property 757-425-2500 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have U I „i an interest in the subject land or any proposed development �J contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Troy & Leslie Spasser Agenda Item 18 Page 10 Disclosure Statement Virginia Beach RTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. 'I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. / _ J >!JI Troy Perry y /f APPLICANTS SIGNATURE PRINT NAME _ DATE j< <"YD�I4u1 Leslie Spasser 74' Page 5 of 7 Troy & Leslie Spasser Agenda Item 18 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Troy &Leslie Spasser Agenda Item 18 Page 12 Item#18 Troy Perry &Leslie Spasser Conditional Use Permit(Short-Term Rental) 396 58th Street January 8,2020 RECOMMENDED FOR APPROVAL-CONSENT Mr. Weiner: Thank you. Is there any opposition to this being placed on the consent agenda? Okay,the next items on the consent agenda are for short term rental. The Planning Commission places the following applications for the Conditional Use Permit for Short Term Rental on the consent agenda as these applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications and there's no known opposition for the following items 14, 15, 16, 17, 18, 19,21,22,23,24, 25 and 26. That being said,I move for approval on the consent agenda items 1, 2, 5, 6, 7, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22,23, 24,25,and 26. Mr. Redmond: Madam Chair? Ms. Oliver: Yes sir. Mr.Redmond: I'm going to support the all of these on consent. However,I would note that with regard to a specific B-2 agenda item number five of Town Center Associates 12, LLC, I will be abstaining. I'm a commercial real estate broker with Divans Real Estate,Inc. Divans Real Estate, Inc. leases and manages the Town Center and various principles of the company where I work, our principals in Town Center Associates. I don't believe very frankly that that affects me in any way. I've never earned a nickel from the Town Center, but for purposes of appearance, I nonetheless tend not to vote on these matters. So I will abstain in this case. Ms.Wilson, does that satisfy your legal requirements? Ms. Wilson: Yes sir. Mr.Redmond: Okay. Thank you. Mr.Horsley: I second. Mr. Sandloop: The vote is open. By recorded vote of 9-0,agenda items one,two,five with Commissioner Redmond abstaining from agenda item five, six, seven, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25 and 26 have been approved by consent. Ms. Oliver: Okay, thank you. And I'd like to thank all the applicants today who had a matter on the consent agenda at this hearing and these items will be scheduled for hearing at the City Council agenda. And so if you don't have any further business,if you were on the consent agenda, this would be a great time for you to leave. We'll give everybody a second to leave. All right. Thank you. The next order of business will be to address the remaining matters on our agenda. And with our City Clerk,please call the first item. 1 AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE CONDITIONS 1. The garage must remain open and available to provide two parking spaces. 2. The approval of this Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short-Term Renal, where the Short Term Renal has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 3. No events with more than fifty(50)people present, shall be held absent a special event 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. 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Renal within thirty(30) minutes. Physical response to the site of the Short-Term Renal is not required. 5. If or when the ownership of the property changes, the new property owner shall provide the updated information(a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6)months from the real estate transaction closing date on the property; otherwise, the use of the Short-Term Renal shall be null and void. a) The owner/operator contact information; b) Registration with the Commissioner of Revenue's Office; and c) Proof of liability insurance. 6. To the extent permitted by state law, each Short Term Renal must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 2 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. 9. Accessory structures shall not be used or occupied as Short-Term Renal. 10. No signage shall be on-site, except one(1), four(4) square foot sign,may be posted on the building which identifies the Short-Term Renal. 11. A Short Term Rental shall have no more than two (2)rental contracts during any consecutive seven(7) day period. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 13. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 14. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three(3) individuals per bedroom. 15. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 3 ‘..------1 \ VuI'--_ c z \ '\ 1----Th1 Li, \ 6 1 0r�__-_Hazy 1 f---''� r a w N / C3C3 \- 0 ( a 0 kip ,„ 4( t= °; 1 \ ' W (7 . 4r, \ \ .. 0 w ' a0, 's C-_ \:-3C n_ v) /11 ski; \ Ill..k . i, < eP,, 0 \ NtiN\ 0 0_ 6- , \ * \:-, U, I— w \ ,.4k, \ XL* ---—it O-31-t--- - - -- a u, /' ``i maw �`\ & - , January 3, 2020 Kevin Hershberger(khershbe(a vbgov.com) Zoning Supervisor Planning&Community Development Zoning Administration 2875 Sabre Street, Suite 500 Virginia Beach,VA 23452 RE: Conditional Use Permit Application of Troy Perry and Leslie Spasser(396 58th Street) Dear Mr. Hershberger: My name is Stefanie Franklin, and I live at 5722 Dawson Road in Virginia Beach. I am in receipt of your correspondence dated December 20, 2019 notifying me of the Conditional Use Permit Application referenced above,which is scheduled to be heard by the City Planning Commission on January 8, 2020. The purpose of this letter is to state my opposition to this Application. My understanding from the Staff Report posted on the City website is that this Application would permit(a)the property to be rented-out to up to 12 overnight guests at a time, and(b)up to 50 guests on the property until 10:00 p.m. each evening. As only 4 parking spaces are required under the Application, I am concerned that adequate parking will not be available on site,and that overnight and daytime guests of the property will instead park on nearby residential properties or within the adjacent streets(which are extremely narrow). This would cause a substantial burden to nearby homeowners, and may also create a safety hazard if the passage of emergency vehicles is obstructed. Additionally, given the number of people permitted on the property both during the daytime and overnight hours, I am also concerned that the Application would permit large gatherings of people that would create noise and other disruptions to families living in the neighboring properties. Although the Application restricts outdoor amplified music after 10:00 p.m.,there is no restriction in the Application on indoor amplified music or outdoor un-amplified music after 10:00 p.m. For these reasons, I respectfully request that the Planning Commission recommend disapproval of this Application. Thank you very much for your time and assistance with this matter. Very truly yours, c� y4a&iL6, Stefanie Franklin f �/ ,, r• N N-NY'„_s /-,.. , , . NN * ti N �. 's N 1111V0 \ \ :N/ 2 # 1" N CD N ` � \ t irT N _ o !� i o ' r_____ iiIllftlIl1 ` - o C.1 _,_, -,, /11 f Ni.. 4 / // ----/ el al 7 .: ,,. . / tL ---, N. / 411k,,. / / ' co o� r/ V i C et ' r- Nc- \ •r Q s � �/ ff Ni M. f�/r le co / 7.417NNo.:::HCI r/ //, Af /�y mim �C / / - / Lo 'tf' r A/ -,..�' ` /,ff ,f \'1CNI , / / / . , //14. r j t }: . . '/ Ata/ API' / •/,7//// /;/// NN, ‘.- * ‘,,, ., .s' .,,,1 Q / G -c �f fJ•t��f 0 ` = J } CO Cr) CM N 0 //// J, in N a m ,r ' i/ \ a 0 f Jf e c .111i' • rfSS y I.E., s CiL4. = CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KELLY M. ALLEN [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 4215 Macarthur Road (GPIN 1475974810). COUNCIL DISTRICT — ROSE HALL MEETING DATE: February 4, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on this 2,220 square-foot parcel on property zoned PD-H1 Planned Unit Development. This lot contains one townhouse dwelling. City records note this unit as having two-bedrooms. The maximum occupancy for guests on-site after 11:00 p.m. for a two-bedroom Short Term Rental is six. The minimum number of parking spaces required for this use is one per bedroom, or two spaces in this case. • Considerations: This property exists in a neighborhood that is developed with single-family townhouse dwellings. The property's existing driveway can accommodate two off- street parking spaces which satisfies the required parking and, in Staff's view, all requirements of Section 241.2 of the Zoning Ordinance regulating a two-bedroom Short Term Rental can be reasonably met. There was one speaker in opposition at the Planning Commission hearing who spoke about concerns with the inherent nature of Short Term Rental uses in residential neighorhoods. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. 1. The following conditions shall only apply to the dwelling unit addressed as 4215 Macarthur Road and the Short Term Rental use shall only occur in the principal structure. 2. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its Kelly M. Allen Page 2 of 3 conditions or violations of any building, housing, zoning, fire or other similar codes. 3. No events with more than fifty (50) people present shall be held absent a special event 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. 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 5. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date on the property; otherwise, the use of the Short Term Rental shall be null and void. a) The owner/operator contact information; b) Registeration with the Commissioner of Revenue's Office; and c) Proof of liability insurance. 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. 9. Accessory structures shall not be used or occupied as Short Term Rental. 10.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 11.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. Kelly M. Allen Page 3 of 3 12.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 13.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 14.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be six (6) individuals three (3) individuals per bedroom. 15.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department-. 9/ City Manager: /AL yr Applicant & Property Owner: KELLY M. ALLEN Agenda Item Public Hearing:January 8, 2020 City Council Election District: Rose Hail 12 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation , ilkApproval \ „ 041/tHoo Staff Planner IP MarcheIle Coleman Location **A 4215 Macarthur Road GPIN r # 1475974810 Site Size 2,219 square feet I SI' Existing Land Use and Zoning District i AIL. Single-family townhouse/ PD-H1 Planned Unit Development Surrounding Land Uses and Zoning Districts North Macarthur Road Single-family townhouses/ PD-H1 Planned Unit s , s Development South . Princess Anne Road Retail/ B-2 Community Business ., , East Single-family townhouses/ PD-H1 Planned Unit Ilfi' Development R de West Single-family townhouses/ PD-H1 Planned Unit % b" — - N. Development . N, , Kelly M. Allen Agenda Item 12 Page 1 Background and Summary of Proposal Site Conditions and History • This townhouse parcel, located in the Green Run neighborhood, is approximately 2,220 square feet and is zoned PD-H1 Planned Unit Development. • The townhouse on the property according to City records was constructed in 1981. • There are no previous zoning violations or City Council actions found on the property. Summary of Proposal • The applicant submitted a Short Term Rental Conditional Use Permit request for the townhouse located on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance.Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 6 • Number of parking spaces required (1 space per bedroom required):2 • Number of parking spaces provided: 2 aNay Zoning History / ' # Request, f f ' 1 CUP(Bulk Storage Yard)Approved 08/21/2018 yY CUP(Bulk Storage Yard)Approved 09/20/2016 CRZ(1-1&R-5D to Conditional B-2)Approved 02/27/1996 4<C - t CRZ(I-1 to Conditional B-2)Approved 07/11/1995 2 CUP(Indoor Recreational Facility)Approved 08/09/2011 PD-H1 3 LUP(Green Run Land Use Plan)Approved 12/05/1979 CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Kelly M.Allen Agenda Item 12 Page 2 Evaluation and Recommendation As stated previously, the existing townhouse has two bedrooms and was built in 1981. The applicant has provided a parking plan, which includes two parking spaces within the driveway. While not required at this point in the review, proof of liability insurance has been provided. No signage has been proposed on the property.The requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling addressed as 4215 Macarthur Road and the Short Term Rental use shall only occur in the principal structure. 2. The approval of this Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 3. 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. 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 5. If or when the ownership of the property changes,the new property owner shall provide the updated information (a through c below)to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property; otherwise,the use of the Short Term Rental shall be null and void. a) The owner/operator contact information; b) Registration with the Commissioner of Revenue's Office; and c) Proof of liability insurance. 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. 9. Accessory structures shall not be used or occupied as Short Term Rental. Kelly M. Allen Agenda Item 12 Page 3 10. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 11. A Short Term Rental shall have no more than two(2) rental contracts during any consecutive seven (7)day period. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00)underwritten by insurers acceptable to the City. 13. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 14. The maximum number of persons on the property after 11:00 p.m.and before 7:00 a.m. ("Overnight Lodgers")shall be three (3) individuals per bedroom. 15. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 9, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, December 22, 2019 and Sunday, December 29, 2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 20, 2019. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on January 2, 2019. Kelly M.Allen Agenda Item 12 Page 4 City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 19, 2020, and January 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 17, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/Bookma rkedAgenda.pdf on January 31, 2020. Kelly M. Allen Agenda Item 12 Page 5 Site Layout & Parking Plan Greenbelt 'E-4C' 6'vinyl N 53'04'23"W 21.00-,lbw Tv . &NM (F) lain(F ; 'S. fence cor. ''- 4 6� hrinc s r.dr,inape ond pn S1dC _ 'j' pestesiat 014 easafrvnt 6' 104 fence 030 AC 6' , V16:6pd 0.2'-- -. 2,310 SF fence -- AC _ tido.cot. a,an aide t 105 16. 103 es z I story c+ ; Short Term lei . Rental Dwelling 215 i 0 o O o0 n? 21.9' OAS'1'".' 3.5. Parking „ Spaces 31.5' 2 n4(F) na l(F) 8 53'04'23"E 21.00' MeV OOP MacARTHUR ROAD (50') Kelly M. Allen Agenda Item 12 Page 6 Site Photos ,:- '.. i . il___-.7____ ____._:„..1 ir f A.T .: sY ' SY "3a4 � = . T .- -' - -- -- _ _ _ 7.._ y.-_ 1 _ � , � a �-1 •�v ! i- V- 7-F 1 f' 1 • _ k ' Kelly M. Allen Agenda Item 12 Page 7 Disclosure Statement • • V13 Virginia Beach APPLICANT'S NAME Kelly M.Allen DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). El APPLICANT NOTIFIED OF HEARING DATE IJ NO CHANGES AS OF DATE. I/22120 c3i��'+„e Marchelle L. Coleman REVISIONS SUBMITTED DATE. Kelly M. Allen Agenda Item 12 Page 8 Disclosure Statement Virginia Beach ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. • Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Kelly M.Allen If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes) and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. O Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ▪ Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Kelly M. Allen Agenda Item 12 Page 9 Disclosure Statement IV/3 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) t "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Kelly M. Allen Agenda Item 12 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ( Accounting and/or preparer of VV VV your tax return n ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than mthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 111 Construction Contractors Engineers/Surveyors/Agents Financing(include current Langley Federal Credit Union '` ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 1571 Legal Services Real Estate Brokers/ 2 Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Kelly M. Allen Agenda Item 12 Page 11 Disclosure Statement .irpnia Bear,: CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applicat' n. Atk( At6.., /0j7/1 PROP 'NER'SSIGNATUIRE PRINT NAME DATE Page 5 of 7 Kelly M. Allen Agenda Item 12 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Kelly M.Allen Agenda Item 12 Page 13 Item#12 Kelly M. Allen Conditional Use Permit (Short-Term Rental) 4215 Macarthur Road January 8, 2020 RECOMMENDED FOR APPROVAL Ms. Sandloop:Our next item of business is agenda item number 12, Kelly M. Allen, which is an application for a Conditional Use Permit for Short Term Rental on property located at 4215 MacArthur Road located in the Rose Hall District. Ms. Oliver: Hi, Ms. Allen. You will state your name for the record please. Ms. Allen: Kelly M. Allen. Ms. Oliver: Okay. Ms. Allen: This is a two-bedroom, one bath, townhome. Our plan is, we have been using it as Short Term Rental,managing it through an Airbnb. We are managing it ourselves. So far what the City has brought to us as far as conditions, we are more than in compliance and we would continue to do so as an individual couple managing this property. We have a lot of stake in the community. We live about 10 minutes away and my husband has a flexible work schedule. He's available pretty much anytime a day. We make that information available both to the temporary visitors as well as the neighbors in our community. Ms. Oliver: How long have you been renting this? Ms. Allen: Relatively new, for us. We purchased the property in late July, I believe of last year. We filed the paperwork with the City and have been renting it out since I believe August or September. Ms. Oliver: Anybody have any questions? Yes. Mr. Inman: Are you aware of any complaints from any? Ms. Allen: We are not and we have contacted several of the neighbors. We gave them a business card with our contact information and we've not heard any complaints. We've had nothing but very positive responses from our guests. We do go and check on the property regularly between guests. We've also installed a ring doorbell with a video camera to make sure that we can maintain security. You know, the view of the street so that we know who is coming and going and yeah in fact, we 1 did not even realize that it would be contested today. The City told us that there were no complaints as of the last email. Ms. Oliver: Great, thank you. Anybody have any questions? Okay. Thank you very much. Ms. Sandloop:We have one speaker today. Paula Schneider. Ms. Oliver: Welcome. Ms. Schneider:Paula Schneider. This is my first public hearing. I haven't got a clue what I'm doing but I wanted to make sure that I came. I am opposed to Short Term Rental. We live in a very congested, tight, almost crime free community. We know our neighbors; we get along with each other. We help each other. Many of us and I'm sorry that nobody approached me; I live right across the street. I never got a card, nobody talked to me, and the neighbors I've talked to do not want short term rentals in there. We don't know how it's going to affect our neighborhood. I've been there for six years; I've seen no crime except at this address although I don't know that the new owners were there then. But how is this going to down the road affect my property values. We have lots of rentals in there. What happens when everybody wants to start doing a short term rental? We don't need it in our neighborhood. Its fine the way it is. We'd like to know who our neighbors are. When you open this up to short term rentals, we got a variety of people coming in, and we don't want it, we want to be connected with each other. And this is not the area to put a short term rental. So we're opposed to it. I also worry about the landlord responsibility, do they vet renters and what is my recourse if there start to be problems with this short term rental? What's my recourse? Do you people just do this and then it's left up to the neighborhood? I mean, I don't know how it works. So, I am opposed and I am speaking on behalf of several of the neighbors there that we do not want short term rentals. Ms. Oliver: We will help you with this a little bit. There is a number that is provided, I think it's 311. So if you have a complaint or problem, you call that number and then it is registered with the City so that they have a record of issues with this particular address. Ms. Schneider:So if you approve this, we have a right as the neighbors. Do we have to come back and ask you to remove the short term rental? I mean, is that an option? Ms. Oliver: They only have it for five years. Then, they have to come back before but prior to that if there are legitimate complaints then the City will look into it. City staff will go in and look at it and follow up on what's going on with their renters. And the people that own it, when they do get a complaint, they have to address it within 30 minutes, so they have to be there. So, when she said to you that they are in close 2 proximity to their piece of property, they have to show up immediately to address the situation. Ms. Schneider:Okay, well, I see absolutely no benefit whatsoever to put short term rentals in our community or tight congested community, but I can see a lot of detriment coming from this. Mr. Weiner: Ms. Schneider just to let you know where we came from. We worked on this for two years to try and come up with an ordinance like this, okay. What you have to think about another aspect is if we didn't come up with this ordinance, they could do this and just keep doing it with nothing. So, that's why we've come up with an ordinance. Ms. Schneider:Keep doing what? Mr. Weiner: Short Term Rentals, they could keep using, if we didn't come up with an ordinance of Short Term Rentals,they could have just kept doing it and everybody in the City of Virginia Beach can do it. So, we're trying to regulate it with Conditional Use Permits. Okay. Ms. Schneider: So, it is conditional? Mr. Weiner: Yeah. Ms. Schneider:So, it's kind of like a probationary period. Ms. Oliver: So, you have the benefit of being in front of us to let us know and you have the ability to file a complaint with the City and the City will be able to keep records up. And then that way, we're able to track them. Prior to this ordinance, you wouldn't have had this platform and recourse. Ms. Schneider:So, what you're telling me is that you have more control doing it this way as opposed to a landlord just bringing in people. Ms. Oliver: Exactly. So, we have more control over your neighbors that will do the Airbnb, then you do or the person buying your house and you just happen to not like the neighbors and they're there for 20 years. Ms. Schneider:Right. We love our neighbors. Ms. Oliver: Well, you know, I was using that as an example. So, we're all working on this together as hard as we possibly can. Ms. Schneider: Okay, but our fears and I say, ours, because I'm not the only one. I've been there for six years. Many of these people been there longer than me, but the fears are 3 that all of a sudden because we do have quite a few rentals in that area that all of a sudden all the rentals now want to be short term. And like I said, we know our neighbors, we work with each other, and we help each other. And we don't want to lose that. We like the character of our neighborhood. We don't want to lose it. Ms. Oliver: Yes, Mr. Horsley. Mr. Horsley: They said they've been doing this since back in the early fall. Have you had any complaints? I mean, anything? Ms. Schneider:Well, we had the drug selling and robbery and those people ended up leaving. I don't know that they were the owners then. And I'm saying right after that rehab started. So, I don't know at what point that, I guess the new owners bought the property, whether those people that were doing the crimes in the house, whether they bought it from whoever had it before, so I cannot address that. I don't know. But since then, most of it's just been, it's been vacant, because I think it's been rehabbed. And right now, there is a gentleman, a military service guy living there, and I've had no problems with him. He's been there a couple of, I don't know, a few weeks. So no problem there,but that doesn't mean that there isn't going to be. Mr. Horsley: Well that's why you do have a recourse, being this way, you can notify to 311 or notify the Planning Department that you got a complaint. And these people here, they don't want to have complaints, because if they get complaints and then they can come back here and they lose their permit and then they are going to be able to do it so. So you have more recourse now like they said before than you had before. So hopefully that what they have done will help clean up what the problems you had earlier with the drugs and whatever. Ms. Schneider:Well, like I said, I've been there six years, that's the only crime I ever seen in our neighborhood. Mr. Horsley: As others come about, you just stay aware and be diligent. Ms. Schneider:I would like to ask you, you know, don't turn every rental there to a short term rental,please. We don't need Airbnb in this congested little neighborhood. There's not even a place to park, you know, so we don't need any more. Ms. Oliver: Well, they do have a parking requirement. So they have to meet that, they have to park on property. Ms. Schneider:Well, I mean, each town home has room. Ms. Oliver: Right,but they have to follow that. 4 Ms. Schneider:Okay, well, I feel a little bit better. Thank you, sir. But like I said, I still don't see any benefit to it, but as long as it doesn't affect anything else, and our neighbors, you know, we have our same neighborhood, I'm not trying to stop anybody from earning money, but I'm concerned about where I live. So thank you so much. Mr. Horsley: Thank you. Ms. Oliver: Thank you. Would you like to come up? Yes, go right ahead, and maybe you can speak to a couple of our concerns. Ms. Allen: Thank you. First of all, just as a little bit more information about me and my husband, I'm a special education teacher at the school that is literally right next to that neighborhood. We are very, very vested in that community. We're very familiar with what goes on there. We did purchase the property after what she was referring to. We knew we were purchasing it as a rehabbed unit. Since that time, our goal is to make that a family friendly, beautiful property for people to enjoy. We installed like I mentioned before, we did install the ring doorbell because we do want to make sure that anyone who comes to that residence is there for the right reasons and are there supposed to be and that they leave when they're supposed to. We also have the regulations for in the home. While people are using that rental, we are actually stricter than what the City requires. We have requested that our guests have no parties with groups larger than what would be renting the property. We've also asked that noise be kept at a minimum after 9 pm rather than 10 pm to respect the fact that it is a family community. We also like I said, we do make our contact information very available and we do want to know. We want to know if there is any concerns from our neighbors because it matters to us and that community matters to us and as you guys know, each individual rental has to be approved by you. So, I hope that you'll see that this is something personal for us. It's one property we are not a big company. We're not looking to buy out the community and turn it into something it's not we are one couple wanting one property for something that we can do for the community and ourselves. Thank you. Ms. Oliver: Anybody have any questions? If you have the opportunity, probably reach out and speak to her a little bit and let her have the opportunity to know you. Ms. Allen: Absolutely. Ms. Oliver: That'd be great. Thank you. I think we're good. We'll close this on the commissioners. Anybody have anything? Okay. Make a motion. Mr. Weiner: I move approval. 5 Ms. Oliver: Okay, do we have a second? Mr. Wall: I second. Ms. Sandloop: The vote is open. By the recorded vote of 9-0, agenda item number 12 has been approved. AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE CONDITIONS 1. The following conditions shall only apply to the dwelling addressed as 4215 Macarthur Road and the Short Term Rental use shall only occur in the principal structure. 2. The approval of this Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 3. 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. 4. The owner or operator must provide the name and telephone number of a responsible person, who maybe the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 5. If or when the ownership of the property changes, the new property owner shall provide the updated information (a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six 6 (6) months from the real estate transaction closing date on the property; otherwise, the use of the Short Term Rental shall be null and void. a) The owner/operator contact information; b) Registration with the Commissioner of Revenue's Office; and c) Proof of liability insurance. 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. 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. 9. Accessory structures shall not be used or occupied as Short Term Rental. 10. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 11. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 13. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 14. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 15. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 7 f Nt•---__ i ' . AA L a) u- o rY r /// '\:_. cia o N p _._-ilI: In 0 . 'N.,.. _ , IT. II N / a 0 440i000.,,r .. .•C ...\. / / u P .N.:,,N ., . > c et O N., / N- C On b� ca /`' $ , /` /, 44.12. / / ' ., / / ''' 7,5 r a. t/ 17. d CD} / - u°�i C.",x, ,., 4[ , CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: CARLIN CREATIVE CONCEPTS, LLC [Applicant] OLIVER J. CARLIN [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 947 Fern Ridge Road (GPIN 1496025133). COUNCIL DISTRICT — ROSE HALL MEETING DATE: February 4, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on this approximately 4,000 square-foot property zoned A-12 Apartment District. This lot contains one semi-detached dwelling. City records note the semi-detached dwelling as a two-bedroom structure. The maximum occupancy for guests on-site after 11:00 p.m. for a two-bedroom Short Term Rental is six. The minimum number of parking spaces required for this use is one per bedroom, or two spaces in this case. ■ Considerations: This property exists in a neighborhood that contains other semi-detached and townhouse dwellings. The property's existing driveway can accommodate one off- street parking space, with a second space in the attached garage. The Zoning Administrator is satisfied that this approach meets the minimum requirement of two on-site parking spaces. The applicant has provided six letters of support from the adjacent property owners. In Staff's view, all requirements set forth in Section 241.2 of the Zoning Ordinance for a two-bedroom Short Term Rental can be reasonably met. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling addressed as 947 Fern Ridge Road and the Short Term Rental use shall only occur in the principal structure. 2. The garage space within the unit must remain a minimum clear area of 9-feet by 18-feet, contain a minimum 8-feet wide vehicle entryway opening, and be accessible to the Short Term Rental tenants. 3. The approval of this Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be Carlin Creative Concepts Page 2 of 3 administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events 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. 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If or when the ownership of the property changes, the new property owner shall provide the updated information (a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property; otherwise, the use of the Short Term Rental shall be null and void. a) The owner/operator contact information; b) Registration with the Commissioner of Revenue's Office; and c) Proof of liability insurance. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rental. 11.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. Carlin Creative Concepts Page 3 of 3 12.A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be six (6) individuals (three (3) individuals per bedroom). 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department P,9? City Manager: !OL- Applicant: Carlin Creative Concepts, LLC Agenda Item Property Owner: Oliver J. Carlin Public Hearing:January 8, 2020 cityo City Council Election District: Rose Hall 26 Virginia Beach Request Conditional Use Permit(Short Term Rental) Staff Recommendation \ \.--�' :°::nner , ,,,,„ Marchelle Coleman ,., N . imil N Location 947 Fern Ridge Road ' E GPIN 1496025133 .,, Site Size • 4,002 square feet k\‘‘. 417 , Existing Land Use and Zoning District Semi-detached dwelling/A-12 Apartment Surrounding Land Uses and Zoning Districts North Ashaway Road Semi-detached dwellings/A-12 Apartment South 4 4 v f Fern Ridge Road , Semi-detached dwellings/A-12 Apartment East . • Semi-detached dwellings/A-12 Apartment • 'let West • .y1r Semi-detached dwellings/A-12 Apartment 1 • '$ a �� t '. , 4. Carlin Creative Concepts, LLC Agenda Item 26 Page 1 Background and Summary of Proposal Site Conditions and History • This property is approximately 4,000 square feet and is located in the A-12 Apartment District. • The dwelling is a semi-detached structure built in 1979. • There are no previous zoning violations or City Council actions found on the property. Summary of Proposal • The applicant submitted a Short Term Rental Conditional Use Permit request for the dwelling located on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 p.m. (maximum 3 per room): 6 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided: 2, 1 in the driveway and 1 in the garage -,'1, i,- ` A 12 $ 1--a :'":.4 i s2 Zoning History ^- -' # Request 12 a''�ok .,r A 36 1 SVR(Section 4.5 Open Space for Residential Subdivision) 4,g, Approved 06/27/2000 / \\, Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning SIC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation and Recommendation As stated previously,the existing semi-detached dwelling has two bedrooms and was built in 1979. The applicant has provided a parking plan, which includes one parking space within the driveway and the second in the attached garage. While not required at this point in the process, proof of liability insurance for$1,000,000 has been provided. No signage Carlin Creative Concepts, LLC Agenda Item 26 Page 2 has been proposed on the property.The applicant has provided six letters of support from the adjacent property owners.The requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling addressed as 947 Fern Ridge Road and the Short Term Rental use shall only occur in the principal structure. 2. The garage space within the unit must remain a minimum clear area of 9-feet by 18-feet, contain a minimum 8-feet wide vehicle entryway opening,and be accessible to the Short Term Rental tenants. 3. The approval of this Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental,where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events 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. 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If or when the ownership of the property changes,the new property owner shall provide the updated information (a through c below)to the Department of Planning and Community Development for review and approval.Said updated information shall be provided within six(6) months from the real estate transaction closing date on the property;otherwise,the use of the Short Term Rental shall be null and void. a) The owner/operator contact information; b) Registration with the Commissioner of Revenue's Office;and c) Proof of liability insurance. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2(fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. Carlin Creative Concepts, LLC Agenda Item 26 Page 3 11. No signage shall be on-site,except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. A Short Term Rental shall have no more than two(2) rental contracts during any consecutive seven(7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m.and before 7:00 a.m. ("Overnight Lodgers")shall be three (3)individuals per bedroom. 16. To the extent permissible under state law,interconnected smoke detectors(which may be wireless),a fire extinguisher and,where natural gas or propane is present,carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners,and no objections were raised. Six letters of support of property owners have been provided to Staff from the applicant. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 9, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, December 22, 2019 and Sunday, December 29, 2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 20,2019. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on January 2, 2019. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 19, 2020, and January 26, 2020. Carlin Creative Concepts,LLC Agenda Item 26 Page 4 • • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 17, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 31, 2020. Carlin Creative Concepts, LLC Agenda Item 26 Page 5 Site Layout NOW a. FOB fri4-- 4)-- Th''' L AAZ5 0 QQa 0' 01 \ .09 Short Term ..--.. Rental Dwelling i t Rt V ty 2-5 4 tv el /-5 ' g - / ,za - 1 a Q v to ' L. ,f 2" .....,...,........, kti ;� �` , Attached N Parking i i Garage h Spaces I III:. 0 N47d4500¢'4 90.00' cot A E1eN,e/L76,6. ,eo z7 ( '' Carlin Creative Concepts, LLC Agenda Item 26 Page 6 Site Photos si6 v r srsawe - ;�;� - ..--1. .. -, ,, ,, ,..—',14_ .'1,,--,.0---1--- __r CMt'7i13 .-� c . f� �"--"...woo Carlin Creative Concepts, LLC Agenda Item 26 Page 7 Site Photos V ii iii 0111111 — _ i' .. ? ‘ - V:::- -4me ' i 1,i ''..,,-.. ' -.4„. ,':'''':-.--''._,,i'..iii_ I /I ,i,, 4.1.1 iti 0 — - . 'r,1,,._.:' ,�, 1 ‘jil' ..,‘ ,' ,,,. ,,;-. � • 4 Carlin Creative Concepts, LLC Agenda Item 26 Page 8 Disclosure Statement • • Virginia Reach APPLICANT'S NAME Carlin Creative Concepts, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Piannia Commission and City Council meeting that pertains to the application(s). ▪ APPLICANT NOTIFIED OF HEARING DAT(' Ey NO CHANGES AS OF DAT! II22_1.2.0 be- Marchelle L. Coleman ❑ REVISIONS SUBMITTED DATE Carlin Creative Concepts, LLC Agenda Item 26 Page 9 Disclosure Statement VB Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Carlin Creative Concepts, LLC If an LLC, list all member's names: Oliver Carlin If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary / or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. • Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. X Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:Oliver J Carlin If an LLC, list the member's names: Page 2 of 7 Carlin Creative Concepts, LLC Agenda Item 26 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) Oliver Carlin (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Carlin Creative Concepts, LLC Agenda Item 26 Page 11 Disclosure Statement .1\1B. APPLICANT Prginia3 Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of H&R Block your tax return n Z Architect/Landscape Architect/ l I Land Planner E Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) nConstruction Contractors RSK ▪ nEngineers/Surveyors/Agents mysiteplan.corn Financing(include current Penny Mac ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Alpherin Law Real Estate Brokers/ None(I do for sale by owner) Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Carlin Creative Concepts, LLC Agenda Item 26 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee In connection with this Application. C. AP LIU SIGNATURE PRINT NAME DATE Page S of 7 Carlin Creative Concepts, LLC Agenda Item 26 Page 13 Disclosure Statement V3 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) 5 n Accounting and/or preparer of H&R Block II�� I I your tax return I__1 7 Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than xithe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ Z purchaser of the subject property (identify purchaser(s)and purchaser's service providers) u ❑ Construction Contractors RSK xi ❑ Engineers/Surveyors/Agents mysiteplan.com Financing(include current Penny Mac X ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ZEl Legal Services Alpherin Law Real Estate Brokers/ None(I do for sale by owner) CI C Agents/Realtors for current and I� anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 7 an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Carlin Creative Concepts, LLC Agenda Item 26 Page 14 Disclosure Statement Virginia Beach CERTIFICATION: I I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. i I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this tt (Nor C�\�A �Zrwi0) rplication. PER 'S SIGNATURE \ PRINT NAME DATE Page 7 of 7 Carlin Creative Concepts, LLC Agenda Item 26 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Carlin Creative Concepts, LLC Agenda Item 26 Page 16 Item#26 Carlin Creative Concepts, LLC Conditional Use Permit (Short-Term Rental) 947 Fern Ridge Road January 8, 2020 RECOMMENDED FOR APPROVAL-CONSENT Mr. Weiner: Thank you. Is there any opposition to this being placed on the consent agenda? Okay,the next items on the consent agenda are for Short Term Rentals. The Planning Commission places the following applications for the Conditional Use Permits for Short Term Rental on the consent agenda, as these applications meet the applicable requirements for Section 241.2 of the Zoning Ordinance. Staff supports the applications and there's no known opposition for the following items 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25 and 26. That being said, I move for approval on the consent agenda items 1, 2, 5, 6, 7, 10, 11, 14, 15, 16, 17, 18, 19,21, 22,23,24,25,and 26. Mr.Redmond: Madam Chair? Ms. Oliver: Yes sir. Mr. Redmond: I'm going to support all of these on consent. However, I would note that with regard to a specific B-2 agenda item number five of Town Center Associates 12, LLC, I will be abstaining. I'm a commercial real estate broker with Divans Real Estate,Inc. Divans Real Estate, Inc. leases and manages the Town Center and various principles of the company where I work, our principals in Town Center Associates. I don't believe very frankly that that affects me in any way. I've never earned a nickel from the Town Center, but for purposes of appearance, I nonetheless tend not to vote on these matters. So, I will abstain in this case. Ms. Wilson, does that satisfy your legal requirements? Ms.Wilson: Yes sir. Mr. Redmond: Okay. Thank you. Mr. Horsley: I second. Mr. Sandloop: The vote is open. By recorded vote of 9-0, agenda items 1, 2, 5,with Commissioner Redmond abstaining from agenda item 5, 6, 7, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25 and 26 have been approved by consent. Ms. Oliver: Okay,thank you. I'd like to thank all the applicants today who had a matter on the consent agenda at this hearing and these items will be scheduled for hearing at the City Council agenda. And so,if you don't have any further business,if you were on the consent agenda, this would be a great time for you to leave. We'll give everybody a second to leave. All right. Thank you. The next order of business will be to address the remaining matters on our agenda. Will our City Clerk,please call the first item? 1 AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE CONDITIONS 1. The following conditions shall only apply to the dwelling addressed as 947 Fern Ridge Road and the Short Term Rental use shall only occur in the principal structure. 2. The garage space within the unit must remain a minimum clear area of 9-feet by 18-feet, contain a minimum 8-feet wide vehicle entryway opening, and be accessible to the Short Term Rental tenants. 3. The approval of this Conditional Use Permit shall expire five(5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events 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. 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If or when the ownership of the property changes, the new property owner shall provide the updated information (a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6)months from the real estate transaction closing date on the property; otherwise, the use of the Short Term Rental shall be null and void. a) The owner/operator contact information; b) Registration with the Commissioner of Revenue's Office; and 2 c) Proof of liability insurance. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven(7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 3 1.---- ve.„\is- ...- r: 0 \ e- Ca Q Q ir = o*- -° 1 101 it fillit 0 0 eik/tiost lik. 0,0‘,4 11 tifilpfit - - c 0 Ew (1‘ % **, itif ' . 1111# #41k , :4---, v, ilk* NV --- -._, °0„41 ,w :__1 _ 0 <cr3- z 1,4 T.. , i iw .,,,,‘ . . 1 , o z r, - $S �� Mt ' -' o k., rn ailt� ,a I/0 0 i 31., t\V 4.14:4:44" it • • '• $ . . DC Z ,,,„,,- * , V f --- 8 z CL vi' , \ :In . No* s * 44 __________---- . w 0, 1,,, ... ,- it --,_ * 0 W _, - a ._ eL , , ,,;6, iir it oi \ • . , 4 4( W r IIRIR' nCC e- 1 ...51, o U 4tvils, • . , • • o lip, . 0N, /0> i--- , To Whom It May Concern: ,y,J� My name is OVW) tA.�ad1*S1 am the neighbor of Oliver Carlin and reside at the following address: °I 4q. eni VA e, d . 23 $Z Oliver told me about his intention to list his property on Airbnb and to have it available as a Short Term Rental property for guest in and out of town to occupy. I completely support his request to obtain an approved Conditional Use Permit for Short Term Rental for his property located at 947 Fern Ridge Road,Virginia Beach,VA 23452. �512125 41 I C�t.IA ITC4 rt �r`a i I .�►✓� I can be reached by phone at or email at you have any questions. Sincerely, Additional Notes: To Whom It May Concern: My name is jIl ..- _A4 ktowS . I am the neighbor of Oliver Carlin and reside at the following address: 41 45 E n 12►ale LI- tc,co ' \jktnintee) Oliver told me about his intention to list his property on Airbnb and to have it available as a Short Term Rental property for guest in and out of town to occupy. I completely support his request to obtain an approved Conditional Use Permit for Short Term Rental for his property located at 947 Fern Ridge Road,Virginia Beach,VA 23452. 151�2' (OZS It d SG ,�Kayl .caws I can be reached by phone at or email at � if you h e an questions. Sincerely, Additional Notes: To Whom It May Concern: My name is U-Kk Pqk gi() . I am the neighbor of Oliver Carlin and reside at the following address:�- VUC.4 PAf 11 2\(t QLA W 1YO, tr eCtt)l13 V I\ Oliver told me about his intention to list his property on Airbnb and to have it available as a Short Term Rental property for guest in and out of town to occupy. I completely support his request to obtain an approved Conditional Use Permit for Short Term Rental for his property located at 947 Fern Ridge Road,Virginia Beach,VA 23452. • I can be reached by phone at 7(j77.(OK Q251 or email at if you have any questions. V(k1 bt(011 I tS.\,bgynail_COM Sincerely, ilt# fr( ----- Additional Notes: To Whom It May Concern: My name is i l.-K;-.f /tv 1TA. I am the neighbor of Oliver Carlin and reside at the following address: q416 T T A) Vr_RGt.vT4 fr crl ✓� � � �ySd Oliver told me about his intention to list his property on Airbnb and to have it available as a Short Term Rental property for guest in and out of town to occupy. I completely support his request to obtain an approved Conditional Use Permit for Short Term Rental for his property located at 947 Fern Ridge Road,Virginia Beach,VA 23452. I can be reached by phone at 1 )L 3 1L or email at ('k J)Sti t:ou have any questions. Since ly, Additional Notes: To Whom It May Concern: My name is.0 CV.ti�J . I am the neighbor of Oliver Carlin and reside at the following address: - -eLc.c,R,\L\nc,N Oliver told me about his intention to list his property on Airbnb and to have it available as a Short Term Rental property for guest in and out of town to occupy. I completely support his request to obtain an approved Conditional Use Permit for Short Term Rental for his property located at 947 Fern Ridge Road,Virginia Beach,VA 23452. I can be reached by phone at J i �" `�y�or email at tl--c"ri-� •CYN�'s if have any questions. Sincerely, Additional Notes: To Whom It May Concern: My name is hCn&O— \AAAt•/` . I am the neighbor of Oliver Carlin and reside at the following address: Rtrn gi4y 4 V,,. t, z,c‘,1 , v4‘ Oliver told me about his intention to list his property on Airbnb and to have it available as a Short Term Rental property for guest in and out of town to occupy. I completely support his request to obtain an approved Conditional Use Permit for Short Term Rental for his property located at 947 Fern Ridge Road,Virginia Beach,VA 23452. I can be reached by phone at -7 S')-3 7b_9*4 u or email at Y i+o e 4.,.,,�. if you have any questions. J Sincerely, rI Additional Notes: 1 _. f _7 , ,,... ,_ _ _ ;,.:,. ,-- i ...... z t0 V _ / / i ..,.-,co 1 I i , 0 , i 1 , t N F- , I i i L • . _ c Cl ti 0 co 0 — .,4... .. : . a. 0 z to xxxvs. - ig I e I ei 9 RI 0 1, I IQ i --------___I - ---,1 I I r ----- ii , 1 i _ — 1'7 ---, -1 L_1 1 I li —1 -----TI 1 C 41) DI cu su cS ti cU 2 g) g i F.--1 __a -----. b.- 1-.4 5 et = r -1 Dom r O ; I `4: CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: ZACKARY NELSON [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 2916 Dante Place (GPIN 1496422204). COUNCIL DISTRICT— ROSE HALL MEETING DATE: February 4, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use on this 6,090 square-foot parcel located within the Magic Hollow subdivision, part of a 1979 City Council approved Land-Use Plan. The subject lot contains one single- family dwelling. City records indicate the unit has four bedrooms. The maximum occupancy for guests on-site after 11:00 p.m. for a four bedroom Short Term Rental is twelve. The minimum number of parking spaces required for this use is one per bedroom, or four spaces in this instance. • Considerations: This property is located in a neighborhood comprised of a mix of single-family homes, duplexes, and townhomes. All the required parking spaces are accommodated in the driveway. One space partially crosses the property line and encroaches into the driveway apron; however, no pedestrian or vehicular traffic will be blocked. The Zoning Administrator reviewed this proposed plan and found it acceptable. The requirements of Section 241 .2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request and no letters of support have been received by staff. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The Short Term Rental shall only occur in the principal structure addressed as 2916 Dante Place. 2. As depicted on the Parking Plan titled "Physical Survey of Lot 24, Block P, Subdivision of Princess Anne Plaza, Section Twenty-Five B (Magic Hollow, P.U.D)," dated November 18, 1974 and approved by the Zoning Administrator on 11-20-2019, a minimum of four (4) on-site parking Zackary Nelson Page 2 of 3 spaces must be available to the Short Term Rental occupants of 2916 Dante Place and be maintained all-weather surfaces. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events with more than fifty (50) people present, shall be held absent a special event 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. 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23- 69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. Zackary Nelson Page 3 of 3 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10.Accessory structures shall not be used or occupied as Short Term Rental. 11.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be twelve (12) individuals (three (3) individuals per bedroom.) 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department P7 City Manager:IL - • Applicant and Property Owner: Zackary Nelson Agenda Item Public Hearing:January 8, 2020 B City Council Election District: Rose Hall 14 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner William Miller 411111, Location 2916 Dante Place GPIN 1496422204 Site Size 6,090 square feet 4 Existing Land Use and Zoning District - -- Single-family dwelling/ PD-H1 Planned Unit Development Surrounding Land Uses and Zoning Districts North Common area/ PD-H1 Planned Unit Development •. South Dante Place Single-family dwellings/ PD-H1 Planned Unit Development East Single-family dwellings/ PD-H1 Planned Unit Development West Single-family dwellings/ PD-H1 Planned Unit Development Zackary Nelson Agenda Item 14 Page 1 Background and Summary of Proposal Site Conditions and History • The property is a 6,090 square foot parcel located within the Magic Hollow Planned Development District. • A total of one single-family dwelling is located on Lot 24. • According to City records, this dwelling was constructed in 1975. • No records of previous zoning violations were found associated with the subject address. Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for a single-family dwelling located on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental:4 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 12 • Number of parking spaces required (1 space per bedroom required): 4 • Number of parking spaces provided: 4 PD=H1 •entilt 1 Zoning History '` # Request LUP(Magic Hollow Land Use Plan)Approved 01/01/1979 Cane.Pose PD•H1 A P -H1 PD.H1}. Dubois Pbca PD H7 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—StreetClosure SVR—Subdivision Variance STR—Short Term Rental Zackary Nelson Agenda Item 14 Page 2 • Evaluation and Recommendation This site is located within the Magic Hollow subdivision, which contains a mix of single-family homes, duplexes, and townhomes.The subject property was part of an approved City Council Land-Use Plan in 1979 and sits within an area of the subdivision devoted mainly to single-family dwellings. Required off-street parking will be met by using the driveway, which was expanded in the past and is now larger than typical. Other requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this request. Base on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The Short Term Rental shall only occur in the principal structure addressed as 2916 Dante Place. 2. As depicted on the Parking Plan titled "Physical Survey of Lot 24, Block P, Subdivision of Princess Anne Plaza, Section Twenty-Five B (Magic Hollow, P.U.D)," dated November 18, 1974 and approved by the Zoning Administrator on 11- 20-2019, a minimum of four(4)on-site parking spaces must be available to the Short Term Rental occupants of 2916 Dante Place and be maintained all-weather surfaces. 3. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events with more than fifty(50) people present, shall be held absent a special event 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. 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. Zackary Nelson Agenda Item 14 Page 3 • 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 9, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, December 22, 2019, and December 29, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 20, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on January 2, 2020. Zackary Nelson Agenda Item 14 Page 4 City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 19, 2020, and January 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 17, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 31, 2020. • Zero letters of support/opposition have been received by Staff relating to this request. Zackary Nelson Agenda Item 14 Page 5 Site Layout and Parking Plan 3, S.0 - - _? 4. 0 4 i 1' 4 `� Four 9-foot by 18-foot _ 1 4 parking spaces = 8 'S ' Zal 2 ,1'£>d r 171 Expanded concrete driveway 3 „ I?. DANTE PLACE Zackary Nelson Agenda Item 14 Page 6 Site Photos Jt • /(+. It • 1110 • • Art", I• Zackary Nelson Agenda Item 14 Page 7 Disclosure Statement vi3 Virginia Beach APPLICANT'S NAME -24`k`'/ NtiSnA.-- DISCLOSURESTATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters indude,but are not limited to,the following; Acquisition of Property E Disposition of City Modification of by City Property Conditions or Proffers 1 Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for _ (EDIP) Board of Zoning Encroachment Request Rezoning Appeals _ . Certificate of Floodplain Variance Appropriateness -- Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board 1 Conditional Use Permit License Agreement Wetlands Board • . -s The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two weeks prior to any Page 1 of 7 Plannin Commission and Ci Councii meetin.that;ertains to the a Ilcation(s). __ Q APPLICANT NOTIFIED OF HEARING DATE: 01.(ij.2024) CI NO CHANGES AS OF _ DATE: 01.i3.20ZA • REVISIONS SUBMITTED DATE: Zackary Nelson Agenda Item 14 Page 8 Disclosure Statement \33 irein►: Bea h Check here if the APPILICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. II Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. �t etr V �JC�I�CtJ� (A) List the Applicant's If an LLC, list all member's names: If a CORPORATION,list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owners different frffiffr Applica2t. v I Check here if the PROPERTY OWNER 15 NOTa corporation, partnership,firm, business,or other unincorporated organization. Ti Check here if the PROPERTY OWNER 15 a corporation, partnership,firm, business,or other unincorporated organization,AND THEN complete the following. �1GGtf NG�Sq�L� (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Zackary Nelson Agenda Item 14 Page 9 Disclosure Statement \43 V rvinia Beach If a Corporation,list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (ii0 there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities"See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Zackary Nelson Agenda Item 14 Page 10 Disclosure Statement \113 APPLICANT Virginia Beech YES NO i SERVICE PROVIDER taae additional sheets if I I Er- ;Accounting and/or preparer of your tax return _ Architect/Landscape Architect/ 1 Land Planner Fl Contract Purchaser(if other than , Y the Appikant)-identify purchaser 1 II and purchaser's service providers 11 U !Any other pending or proposed purchaser of the subject property (Identify purchaser(s)and (� purchaser's service providers) I LJ n Construction Contractors LEngineers/Surveyors/Agents Financing(include current F_),.%5d f..-A) Er" fft mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) C D' Legal Services Real Estate Brokers/ C Er Agents/Realtors for current and anticipated future sales of the sub ect ro rt SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have (_ an interest in the subject land or any proposed development I contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Zackary Nelson Agenda Item 14 Page 11 Disclosure Statement 1/13 'reinia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA 'meeting, or meeting of any public body or committee in connection with this Application l 2_- roAs/pti APPUCANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Zackary Nelson Agenda Item 14 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Zackary Nelson Agenda Item 14 Page 13 Item#14 Zackary Nelson Conditional Use Permit(Short-Term Rental) 2916 Dante Place January 8, 2020 RECOMMENDED FOR APPROVAL-CONSENT Mr. Weiner: Thank you. Is there any opposition to this being placed on the consent agenda? Okay,the next items on the consent agenda are for short term rental. The planning commission places the following applications for the great conditional use permit for short term rental and a consent agenda as these applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications and there's no known opposition for the following items 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25 and 26. That being said, I move for approval on the consent agenda items 1, 2, 5, 6, 7, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, and 26. Mr. Redmond: Madam Chair? Ms. Oliver: Yes sir. Mr. Redmond: I'm going to support the all of these on consent. However,I would note that with regard to a specific B-2 agenda item number five of Town Center Associates 12,LLC,I will be abstaining. I'm a commercial real estate broker with Divans Real Estate, Inc. Divans Real Estate, Inc. leases and manages the Town Center and various principles of the company where I work, our principals in Town Center Associates. I don't believe very frankly that that affects me in any way. I've never earned a nickel from the Town Center,but for purposes of appearance,I nonetheless tend not to vote on these matters. So I will abstain in this case. Ms. Wilson, does that satisfy your legal requirements? Ms. Wilson: Yes sir. Mr. Redmond : Okay. Thank you. Mr. Horsley: I second. Ms. Sandloop: The vote is open. By recorded vote of 9-0,agenda items one,two, five with Commissioner Redmond abstaining from agenda item five, six, seven, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25 and 26 have been approved by consent. 1 Ms. Oliver: Okay, thank you. And I'd like to thank all the applicants today who had a matter on the consent agenda at this hearing and these items will be scheduled for hearing at the City Council agenda. And so if you don't have any further business, if you were on the consent agenda,this would be a great time for you to leave. We'll give everybody a second to leave. All right. Thank you. The next order of business will be to address the remaining matters on our agenda. And with our City Clerk, please call the first item. AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE CONDITIONS 1. The Short Term Rental shall only occur in the principal structure addressed as 2916 Dante Place. 2. As depicted on the Parking Plan titled "Physical Survey of Lot 24, Block P, Subdivision of Princess Anne Plaza, Section Twenty-Five B (Magic Hollow, P.U.D)," dated November 18, 1974 and approved by the Zoning Administrator on 11-20-2019, a minimum of four(4) on- site parking spaces must be available to the Short Term Rental occupants of 2916 Dante Place and be maintained all-weather surfaces. 3. This Conditional Use Permit shall expire five(5)years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events with more than fifty(50)people present, shall be held absent a special event 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. 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be 2 contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one(1), four(4) square foot sign, maybe posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven(7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three(3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 3 Z f� ,, s; [ ,..,-Atik,,,,, .„.., ,..t,,,,.:.,_ CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: AN ORDINANCE TO AMEND SECTION 111 OF THE CITY ZONING ORDINANCE PERTAINING TO DEFINITIONS AND ADD SECTION 209.7 PERTAINING TO STUDENT WORKER HOUSING MEETING DATE: February 4, 2020 ■ Background: The J1 Visa Summer Work Travel program is a cultural exchange program run through the United States Department of State. In 2019, approximately 1,100 students came to Virginia Beach, a majority of which choose the oceanfront, to work, live and play in our City. These student workers provide a valuable service and have a substantial impact on the City's economy. A major factor in these students having a successful and valuable experience in Virginia Beach is finding appropriate and safe housing options. This proposed amendment expands the Zoning Ordinance definition of family to include student workers, and thus assists property owners who wish to rent their homes for the summer season and provides safe housing for the student worker. • Considerations: This proposed amendment expands the Zoning Ordinance definition of a family to include a group of not more than eight international student workers who reside in Virginia Beach on a temporary basis as part of the J1 Visa Summer Work Travel Program. This amendment regulates the dwelling units used to house students in the Summer Work Travel program to ensure that they are compliant with the State Property Maintenance Code. Additionally, the name and contact information of the property owner must be provided, as well as a floor plan of the dwelling. This amendment allows for more flexibility in housing options for student worker housing, while ensuring that the safety and conditions of the housing are acceptable and meet applicable codes. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. • Attachments: Staff Report Ordinance City of Virginia Beach- Student Worker Housing Page 2 of 2 Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning DepartmentT9i City Manager: 341, REQUESTED BY COUNCILMEMBER TOWER 1 AN ORDINANCE TO AMEND SECTION 111 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO DEFINITIONS AND ADD 4 SECTION 209.7 PERTAINING TO STUDENT 5 WORKER HOUSING 6 7 Section Amended of the City Zoning 8 Ordinance: § 111 9 Section Added to the City Zoning Ordinance: 10 § 209.7 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Section 111 of the City Zoning Ordinance is hereby amended and Section 19 209.7 of the City Zoning Ordinance is hereby added and reordained to read as follows: 20 21 APPENDIX A - ZONING ORDINANCE 22 ARTICLE 1. - GENERAL PROVISIONS 23 24 Sec. 111. - Definitions. 25 26 . . . . 27 28 Family. A "family" is: 29 30 (a) An individual living alone in a dwelling unit; or 31 32 (b) Any of the following groups of persons, living together and sharing living areas 33 in a dwelling unit: 34 35 (1) Two (2) or more persons related by blood, marriage, adoption, or approved 36 foster care; 37 (2) A group of not more than four (4) persons (including on premise 38 employees) who need not be related by blood, marriage, adoption or 39 approved foster care; 40 (3) A group of not more than eight (8) persons with mental illness, intellectual 41 disability or developmental disabilities residing with one (1) or more resident 42 or nonresident staff persons in a facility whose licensing authority is the 43 Department of Behavioral Health and Developmental Services; provided, 44 that mental illness and developmental disability shall not include current 45 illegal use of or addiction to a controlled substance as defined in section 46 54.1-3401 of the Code of Virginia; 47 (4) A group of not more than eight (8) aged, infirm or disabled persons residing 48 with one (1) or more resident counselors or other staff persons in a 49 residential facility or assisted living facility for which the Virginia Department 50 of Social Services is the licensing authority; or 51 (5) A group of not more than two (2) adults, who need not be related by blood 52 or marriage, and the dependent children of each of the two (2) adults, 53 provided that the children are under nineteen (19) years of age or are 54 physically or developmentally disabled. 55 (6) A group of not more than eight (8) student workers as defined by this 56 ordinance living in accordance with the provisions of Article 2, Section 57 209.7 — Dwelling unit — Student Worker Housing. 58 59 . . . . 60 61 Student Worker. A person visiting the United States as part of the J1 Visa Student 62 Work Travel program and meeting all employment requirements as set forth for 63 participation in the program by the United States Department of State. 64 65 . . . . 66 67 ARTICLE 2. - GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 68 ALL DISTRICTS 69 70 A. - REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 71 PARKING, OFF-STREET LOADING, AND CERTAIN USES 72 73 Sec. 209.7 — Dwelling unit — Student Worker Housing 74 75 (a) No dwelling unit shall have more than eight (8) student workers living in a 76 residence; 77 (b) Each dwelling unit shall only house student workers in accordance with the 78 room size, number and housing requirements of the VAUSBC Property 79 Maintenance Code; and 80 fc) Each dwelling housing student workers shall provide to the zoning division of 81 Planning the following information: 82 83 (1) Name and contact information, including emergency phone number, of the 84 property owner; and 85 (2) Floor plan labeling rooms with dimensions and the total number of student 86 worker occupancy in compliance with the VAUSBC Property Maintenance 87 Code. 2 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: e•- r I Li� % Planning Dep ment City Attorney's ffice CA14964 R-24 January 7, 2020 3 AlBApplicant City of Virginia Beach Agenda Item Public Hearing January 8, 2020 J1 Visa- Summer Work Travel Student Housing Virginia Beach Request An Ordinance to amend Section 111 of the City Zoning Ordinance pertaining to definitions and add Section 209.7 pertaining to Student Worker Housing. Summary of Request The J1 Visa Summer Work Travel program is a cultural exchange program run through the United States Department of State.The program was created in 1961 by Senator J. William Fulbright as part of the Mutual Educational and Cultural Exchange Act. Students participating in the program pay a fee which includes the application process,job placement, orientation, assistance with local housing and transportation, sponsor support throughout the length of the program, organization of cultural activities and accident and sickness insurance.The average fee worldwide is$1,533.The students must additionally pay for airfare, rent, and travel and living expenses while residing in the U.S., for which their employment helps cover these costs.The U.S. Government incurs no expenses for his program. The program is only available to international students in their home countries and there is no formal education component while they are visiting the U.S. Approximately 110,000 students from 200 countries take part in the program each year nationwide.There were 4,484 students visiting Virginia. Approximately 1,100 students came to the Virginia Beach Oceanfront. It is estimated that student workers contribute approximately$500 million into the U.S. economy each year; approximately$8-9 million into the Virginia Beach economy. A student is permitted to work for no more than four months on a Summer Work Travel J1 Visa. Each student is also afforded 30 addition days for travel within the U.S. Seasonal student workers traveling to the United States with the J1 Visa Summer Work Travel program provide a necessary service to the community and economy of Virginia Beach. Finding appropriate and safe housing for these seasonal student workers presents a challenge, particularly at the Oceanfront area.This amendment will further assist property owners in providing safe student housing. This amendment expands the Zoning Ordinance's definition of a family to include a group of not more than eight international student workers who reside in Virginia Beach on a temporary basis as part of the J1 Visa-Summer Work Travel program. Additionally, this amendment regulates the dwelling units of students in the Summer Work Travel program. Details of the amendment are listed below. Add a sixth definition of"family": (6) A group of not more than eight (8) student workers as defined by this ordinance living in accordance with the provisions of Article 2, section 209.7- Dwelling Unit—student worker housing. Add a definition of a "student worker": Student worker-A person visiting the United States as part of then. Visa Summer Work Travel program and meeting all employment requirements as set forth for participation in the program by the United States Department of State. City of Virginia Beach Agenda Item 11 Page 1 Add requirements for a "dwelling unit-Student worker housing": Section 209.7- Dwelling unit-Student worker housing (1) No dwelling shall have more than eight (8) student workers living in a residence; (2) Each dwelling shall only house student workers in accordance with the requirements of the VAUSBC Property Maintenance Code; and (3) Each dwelling housing student workers shall provide to the zoning office and provide the following information: a. Name and contact information, including emergency phone number, of the property owner; b. Floor plan labeling rooms with dimensions of each room and the total number of student worker occupancy. Recommendation Staff recommends approval of this Ordinance. International student workers provide a valuable service and cultural exchange with the Virginia Beach residents and guests each summer. This Ordinance will further assist these students to find adequate and safe housing options.This Ordinance is sponsored by Councilman Guy Tower. City of Virginia Beach Agenda Item 11 Page 2 Item#11 City of Virginia Beach An ordinance to amend section 111 of the city Zoning Ordinance pertaining to defmitions and add section 209.7 pertaining to student worker housing. January 8,2020 RECOMMENDED FOR APPROVAL—CONSENT Mr. Weiner: Thank you, sir. The next item is number 11 which is a City of Virginia Beach Ordinance to amend section 111 of the City Zoning Ordinance pertaining to definitions to add sections 209.7 pertaining to Student Worker Housing. Mr. Kemp. Mr. Kemp: Thank you, Commissioner. This is a proposed amendment to our Ordinance which will make it easier for property owners in the city to provide appropriate and safe housing for students participating in the J-1 visa work travel program. Just to give you a brief background, this is a program where over 110,000 students from countries all over the world come to this country for the summer to work. They pay a fee for the program, but they also have to pay their way and fmd their own housing once here. At the oceanfront alone,we had 1,100 students last year,and it's estimated that their service to the community contributes $8 - 9 million a year to our economy. So it's a very valuable service and one we take seriously. We would like to make it easier for them to find housing,so the specifics of the Ordinance is that we are going to amend the dd a definition for family, which includes not more than eight of the student workers can live in one house before that was limited to four people. And it does reference back to the Virginia maintenance code which does protect against overcrowding. So it does have to meet all those applicable codes. Staff brings this ordinance forward it is sponsored by Councilman Tower. Thank you. Mr. Weiner: Thank you. Is there any opposition to this being placed on the consent agenda? Okay,the next items on the consent agenda are for short term rental. The planning commission places the following applications for the great conditional use permit for short term rental and a consent agenda as these applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications and there's no known opposition for the following items 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25 and 26. That being said, I move for approval on the consent agenda items 1, 2, 5, 6, 7, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22,23, 24, 25, and 26. Mr. Redmond: Madam Chair? Ms. Oliver: Yes sir. Mr. Redmond: I'm going to support the all of these on consent. However,I would note that with regard to a specific B-2 agenda item number five of Town Center Associates 12, LLC, I will be abstaining. I'm a commercial real estate broker with Divaris Real Estate,Inc. Divaris Real Estate, Inc. leases and manages the Town Center and various principles of the company where I work, our principals in Town Center Associates. I don't believe very frankly that that affects me in any way. I've never earned a nickel from the Town Center, but for 1 purposes of appearance, I nonetheless tend not to vote on these matters. So I will abstain in this case. Ms. Wilson, does that satisfy your legal requirements? Ms. Wilson: Yes sir. Mr.Redmond: Okay. Thank you. Mr. Horsley: I second. Mr. Sandloop: The vote is open. By recorded vote of 9-0,agenda items one,two,five with Commissioner Redmond abstaining from agenda item five, six, seven, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25 and 26 have been approved by consent. Ms. Oliver: Okay, thank you. And I'd like to thank all the applicants today who had a matter on the consent agenda at this hearing and these items will be scheduled for hearing at the City Council agenda. And so if you don't have any further business,if you were on the consent agenda, this would be a great time for you to leave. We'll give everybody a second to leave. All right. Thank you. The next order of business will be to address the remaining matters on our agenda. And with our City Clerk,please call the first item. AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE 2 L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS -BUILDING MAINTENANCE DIVISION -ELECTRICAL DIVISION -PLUMBING AND MECHANICAL DIVISION BOARD OF ZONING APPEALS BROADBAND STEERING COMMITTEE CITIZENS COMMITTEE ON BOARDS AND COMMISSION COMMUNITY ORGANIZATION REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda (including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to pmcgraw@vbgov.com or call 385-4303. CITY COUNCIL RETREAT Virginia Beach Convention Center 1000 19m Street, Virginia Beach, VA 23451 Suite IC& 1 D February 24'h & 25th 01/30/2020 pm CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/21/2020 PAGE: 1 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T 1 0 BC D N O M O 0 L W 0 O C Y LNOUWS 0 T T HE E E S S E 0 0 E T I R YSSERNDN CITY COUNCILS'S BRIEFINGS A. CITIZEN SATISFACTION SURVEY Peter McGuinness, RESULTS President—Issues and Answers Network, Inc. Loretta Alsop, Manager,Market Analytics—Issues and Answers Network, Inc. B. VIRGINIA BEACH AND NORFOLK JOINT Ben McFarlane, LAND USE STUDY Senior Regional Planner—Hampton Roads Planning District Commission C. MINORITY BUSINESS COUNCIL Sheila Johnson,Chair ANNUAL REPORT —Minority Business Council CITYMANAGER'S BRIEFING A. DISPARITY STUDY UPDATE Alice Kelly,Director— Finance III- CERTIFICATION CERTIFIED 9-0 AY Y Y Y Y Y Y A Y Y VI A-E F. MINUTES A I. SPECIAL SESSION APPROVED 8-0 AY Y YYY Y A Y Y January 6,2020 A t N E D 2. INFORMAL AND FORMAL SESSION APPROVED 8-0 AY Y Y Y Y Y A A Y Y January 7,2020 A N E D G. MAYOR'S PRESENTATIONS 1. RESOLUTION IN MEMORY OF JENNIFER ANNE BUDY MOORE 2. RESOLUTION IN MEMORY OF JACK DYE 3. PROCLAMATION Naomi Estaris HUMAN TRAFFICKING AWARENESS MONTH H. BID OPENING 1. NON-EXCLUSIVE FRANCHISE USE 1 BID RECEIVED CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/21/2020 PAGE: 2 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B CDN OMO 0 L W 0 O C Y L NOUWS O T THE E E S S E 0 0 E T I R Y S SERNDN I. PUBLIC COMMENT 1. Resolution to OPPOSE House Bill 152 and NO SPEAKERS any similar Bill that negates or limits Single- Family Zoning Districts J. PUBLIC HEARINGS 1. NON-EXCLUSIVE FRANCHISE USE 1 SPEAKER SQF,LLC 2. SALE OF EASEMENTS OVER CITY 1 SPEAKER PROPERTY—Interfacility Traffic Area(ITA) a. 3340 North Landing Road b. 2801 Two Farms Lane L.1 Ordinance to GRANT a Non-Exclusive ADOPTED,BY 9-0 A ^ Y Y YYY Y YAYY Franchise Agreement to SQF,LLC re install, CONSENT maintain,and operate Telecommunication Facilities in the public streets and rights-of- way L.2 Ordinance to DECLARE Excess Restrictive ADOPTED,BY 9-0 AY Y YYY Y Y A Y Y Easements over City Property located at 3340 CONSENT North Landing Road and 2801 Two Farms Lane in the Interfacility Traffic Area(ITA) and AUTHORIZE the City Manager to sell same to the United States of America L.3 Ordinance to ADD Section 6-2.1 to the City ADOPTED 8-1 AY Y Y Y Y Y Y A Y N Code re prohibit tents,shelters,or structures on the beach between 8:00 P.M.- 8:00 A.M.(Deferred from December 10, 2019) L.4 Ordinance to DESIGNATE as EXEMPT re DEFERRED TO 9-0 AY Y Y Y Y Y Y A Y Y Real and Personal Property Taxes(Deferred FEBRUARY 4,2020, from December 10,2019): BY CONSENT a. DC Art Institute of Virginia Beach,LLC b. DC South University of Virginia,LLC c. In Home Health,LLC L.5 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 9-0 AY Y YYY Y Y A Y Y $125,000 from the Virginia Tourism Authority CONSENT to the FY2019-20 Economic Development Operating Budget and AUTHORIZE a $125,000 Grant to the Virginia Sports Hall of Fame re promote tourism in Hampton Roads M.l OCEAN RENTAL PROPERTIES,LLC for APPROVED/ 7-2 AY YNYN Y Y A Y Y a Variance to Section 4.4(a,d)of the CONDITIONED,BY Subdivision Regulations re access to a public CONSENT street and lot width at 5568 Shell Road DISTRICT 2—KEMPSVILLE M.2, HANNAH&HAMILTON GUBANC for a APPROVED,BY 9-0 AY Y Y Y Y Y Y A Y Y Street Closure re 2,176 square foot portion of CONSENT an unimproved right-of-way adjacent to 770 Woodstock Road DISTRICT 2— KEMPSVILLE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/21/2020 PAGE: 3 B AGENDA E R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BCDN OMO 0 L W 0 O C Y L NOUWS 0 T THE EES S FOOE T I R Y S S E R N D N M.3 VAB 23rd STREET,LLC for a Special APPROVED/ 8-0 AY A YYY Y Y A Y Y Exception of Alternative Compliance to the CONDITIONED Oceanfront Resort District Form-Based Code re commercial parking lot at 305,309,and 311 23rd Street DISTRICT 6—BEACH M.4 BAILLIO SAND COMPANY,INC] APPROVED/ 8-0 AY A Y Y Y Y Y A Y Y ROBERT W.WHITE JR.&ROBERT W. MODIFIED WHITE SR.FAMILY TRUST for a Modification of Conditions re borrow pit at the West side of Princess Anne Lane and Princess Anne Road DISTRICT 7— PRINCESS ANNE M.5 BACK BAY WILDFOWL GUILD T/A APPROVED/ 8-0 AY A YYY Y Y A Y Y ATLANTIC WILDFOWL HERITAGE CONDITIONED/ MUSEUM/CITY OF VIRGINIA BEACH MODIFIED for a Conditional Use Permit re assembly use and a Modification of Conditions re open air market at 1113 Atlantic Avenue DISTRICT 6 —BEACH M.6 KIM SMITH/FOURTEEN FORTY,LLC APPROVED/ 9-0 AY Y Y Y Y Y Y A Y Y for a Conditional Use Permit re tattoo parlor CONDITIONED,BY at 1440 North Great Neck Road,Suite D CONSENT DISTRICT 5—LYNNHAVEN M.7 NOUREDDINE HOUSSNI/NEWTOWN APPROVED/ 9-0 AY Y YYY Y Y A Y Y THURSTON,LLC for a Conditional Use CONDITIONED,BY Permit re automotive repair garage at 5900 CONSENT Thurston Avenue,Suite G DISTRICT 4— BAYSIDE M.8 CHRISTOPHER J.OCAMPO/MARY APPROVED/ 9-0 AY Y YYY Y Y A Y Y HOLDEN for a Conditional Use Permit re CONDITIONED,BY automotive repair garage at 2505 Horse CONSENT Pasture Road,Suite 101 DISTRICT 3—ROSE HALL M.9 GREG MCMAKIN/MILLS COLLINS, DEFERRED TO 8-0 AY A YYY Y YAYY LC for a Conditional Use Permit re bulk FEBRUARY 4,2020 storage yard at 4145 Virginia Beach Boulevard DISTRICT 5—LYNNHAVEN M.10 JOHN H.DAVIS fora Conditional Use APPROVED/ 5-3 AY A NNN Y YAYY Permit re short-term rental at 1434 Gannet CONDITIONED Run DISTRICT 6—BEACH M.1 l JOSHUA LIPPOLDT fora Conditional Use DEFFERED TO 8-0 AY A Y Y Y Y Y A Y Y Permit re short-term rental at 2508 FEBRUARY 4,2020 Mediterranean Avenue DISTRICT 6— BEACH M.12 SCOTT&HEATHER KOEHLER fora DENIED 6-I AY A Y Y Y N A A Y Y Conditional Use Permit re short-term rental at 2513 Beaufort Avenue DISTRICT 4— T BAYSIDE A N E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/21/2020 PAGE: 4 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L TI W W B U E J R T I 0 B C D N O M O O L W 0 O C Y LNOUWS 0 T THEEES S E 0 0 E T I R Y S S ERNDN M.13 ARMANDO&PATRICIA ELLIS fora DEFFERED TO 8-0 AY A Y Y Y Y Y A Y Y Conditional Use Permit re short-term rental FEBRUARY 4,2020 at 901 Park Landing Court DISTRICT 1— CENTERVILLE M.14 Ordinances to AMEND Sections 233.1,901, ADOPTED 8-0 AY A Y Y Y Y Y A Y Y and 2003 of the City Zoning Ordinance(CZO) re eating and drinking establishments with drive-through facilities in the B4-K Historic Kempsville district(Requested by Council Member Abbott) N. APPOINTMENTS: RESCHEDULED BY C ON S ENSUS 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMI 1 1 EE BOARD OF BUILDING CODE APPEALS —BUILDING MAINTENANCE DIVISION —ELECTRICAL DIVISION —PLUMBING AND MECHANICAL DIVISION BROADBAND STEERING COMMITTEE CITIZENS COMMITTEE ON BOARDS AND COMMISSION COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION IN-HOUSE PHARMACY EXPLORATORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD _ BAYFRONT ADVISORY COMMISSION Appointed: William Hearst 3 Year Term 1/21/2020-12/31/2022 BIKEWAYS AND TRAILS ADVISORY Appointed: COMMITTEE Bryan Hickman 3 Year Term 1/21/2020-12/31/2022 HUMAN RIGHTS COMMISSION Appointed: Mark Stevens Unexpired Tenn thru 3/31/2022 IN-HOUSE PHARMACY EXPLORATORY Appointed: COMMITTEE Council Member Moss Council Member Wilson No Term CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/21/2020 PAGE: 5 B AGENDA E ITEM# SUBJECT MOTION VOTE R A L H W B U E J R T I 0 B C D N 0 M 0 0 L W 0 0 C Y L N OUWS 0 T T HEE E S S E 0 0 E T I R Y S S E RNDN OPEN SPACE ADVISORY COMMITTEE Appointed: Jul Ewell (Parks and Recreation Commission Member) 3 Year Term 1/21/2020-12/31/2022 MILITARY ECONOMIC DEVELOPMENT Reappointed: ADVISORY COMMITTEE Elizabeth Dietzman Louis Schager 5 Year Term 3/31/2020-2/28/2025 PERSONNEL BOARD Reappointed: Sharon Brown Daniel Des Roches Ed Jones 3 Year Term 3/1/2020-2/28/2023 STORMWATER APPEALS BOARD Appointed: Don Piron (Public Utilities) Unexpired Term thru 3/31/2024 TRANSITION AREA/INTERFACILITY Reappointed: TRAFFIC AREA CITIZENS ADVISORY Steve Barnes COMMITTEE Joseph Edwards Robert White 3 Year Term 3/1/2020-2/28/2023 VIRGINIA BEACH COMMUNITY Appointed: DEVELOPMENT CORPORATION Andrew Friedman Unexpired Term thru 12/31/2020 +4 Year Term 1/1/2021-12/31/2024 0/Pi ADJOURNMENT 8:11 PM Q