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JUNE 9, 2020 FORMAL SESSION AGENDA I CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL �Nu sE,q MAYOR ROBERT M. "BOBBY"DYER,At Large Jti4� ,cL VICE MAYOR JAMES L.WOOD,Lynnhaven—District 5 4c: ti �7f -: JESSICA P.ABBOTT,Kempsville—District 2 MICHAEL F.BERLUCCHI,Rose Hall—District 3 U "; ) BARBARA M.HENLEY,Princess Anne—District 7 ryS LOUIS R.JONES,Bayside—District 4 F" JOHND.MOSS,At Large '4�r .tb AARONR.ROUSE,At Large GUYK.TOWER,Beach—District 6 ROSEMARY WILSON,At Large CITY HALL BUILDING SABRINA D. WOOTEN,Centerville—District 1 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 ACTING CITY MANAGER—THOMAS M.LEAHY PHONE:(757)385-4303 CITY ATTORNEY—MARK D.STILES FAX(757)385-5669 CITY ASSESSOR—RONALD D.AGNOR CITY COUNCIL WORKSHOP AGENDA E-MAIL:CITYCOUNCILQvbgov.com CITY AUDITOR—LYNDON S.REMIAS CITY CLERK—AMANDA BARNES June 9, 2020 MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - City Council Chamber - 1:30 PM A. COVID-19 UPDATE Dr. Demetria Lindsay, Director—Virginia Beach Health Department Erin Sutton, Director—Emergency Communications B. PUBLIC SAFETY UPDATE Steve Cover—Deputy City Manager Interim Chief Anthony Zucaro,Jr.—Police Department C. HRT AMENDMENT TO COST ALLOCATION AGREEMENT Brian Solis, Assistant to the City Manager for Special Projects D. FINANCIAL UPDATE Alice Kelly, Director—Finance E. AVINGRID/KITTY HAWK, LLC Bobby Wheeler, Operations Support Administrator—Public Works F. PENDING PLANNING ITEMS William Landfair, Planning Evaluation Coordinator Kevin Kemp, Zoning Administrator CITY COUNCIL SPECIAL FORMAL SESSION II. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer - City Council Chamber- 4:00 PM A. READING OF THE MAYOR'S CALL FOR SPECIAL MEETING B. ROLL CALL OF CITY COUNCIL C. AGENDA REVIEW D. RECESS TO CLOSED SESSION III. RECONVENE SPECIAL FORMAL SESSION -City Council Chamber - 6:00 PM A. CERTIFICATION OF CLOSED SESSION B. SPECIAL SESSION AGENDA 1. CONSENT AGENDA C. RESOLUTION 1. Resolution to REFER to the Planning Commission four(4) Ordinances to AMEND the City Zoning Ordinance (CZO)pertaining to short term rentals: a. Section 104 re allow civil penalties for the violation of Section 241.2 b. Section 241.2 re revocation of grandfather status and City Council findings c. Section 1903 re permitted uses in the Old Beach Overlay District d. Transition rules for the review of Conditional Use Permits in the Old Beach Overlay District D. PLANNING 1. ELIZABETH ANNE GREGORY for a Conditional Use Permit re short term rental at 635 South Atlantic Avenue DISTRICT 6—BEACH (Deferred from February 4, 2020) RECOMMENDATION: APPROVAL Items below are rescheduled from March 17, 2020. 2. DONALD ROBERTSON for a Conditional Use Permit re short term rental at 417 16th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. MARTIN PLAISTED/VB GETAWAY PROPERTIES,LLC for a Conditional Use Permit re short term rental at 1738 Baltic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. MARTIN PLAISTED/ARCTIC TRIDENT,LLC for a Conditional Use Permit re short term rental at 338 25 % Street Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. HANGER HOLDINGS,LLC for a Conditional Use Permit re short term rental at 207 12th Street,Units 1, 2, 3, 4 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. MARY ANN COX for a Conditional Use Permit re short term rental at 905 D Pacific Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 7. STEVE GOREHAM for a Conditional Use Permit re short term rental at 325 25th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. RICHARD FLEMING for a Conditional Use Permit re short term rental at 2937 Arctic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 9. JUSTYCE SWANGO/JAAG INVESTMENTS,INC. for a Conditional Use Permit re short term rental at 521 Carolina Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 10. KEVIN D. BRYAN for a Conditional Use Permit re short term rental at 209 South Birdneck Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 11. JOSHUA J. COE,TRUSTEE/JOSHUA & KIMBERLY COE JOINT REVOCABLE LIVING TRUST for a Conditional Use Permit re short term rental at 407 18th Street, Unit D DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 12. CHRISTOPHER TAING /THENG TAING for Conditional Use Permits re short term rentals at: a. 417 20th Street b. 421 20th Street,Units Al & B2 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 13. SHIPLAP COTTAGE—THE COVE,LLC/RITAMARIE SEARLES for a Conditional Use Permit re short term rental at 201 87th Street, Unit A DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 14. JACKIE YOST for a Conditional Use Permit re short term rental at 301 Winston Salem Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 15. SUSAN E. MARKLEY/SUSAN E. MARKEY & LOUIS E. GORMAN for a Conditional Use Permit re short term rental at 629 14th Street DISTRICT 6—BEACH RECOMMENDATION: DENIAL IV. ADJOURNMENT db �- z City of Virginia 1E3 s • OF DUR WO' n an ROBERT M.'BOBBY'DYER MUNICIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)38.5-4581 FAX(757)385-5699 June 4, 2020 BDVEROveGov.coM HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL FORMAL SESSION MEETING of the VIRGINIA BEACH CITY COUNCIL Tuesday, June 9, 2020 4:00 P.M. City Council Chamber Building 1, City Hall, 21 1 Floor 2401 Courthouse Drive This SPECIAL FORMAL SESSION will follow the regularly scheduled City Council Workshop, which starts at 1:30 P.M. The purpose of this SPECIAL FORMAL SESSION is for the City Council to hold Agenda Review, convene into Closed Session and then at 6:00 P.M. consider the items listed on the published Agenda. Citizens may comment either in person or virtually. If you would like to speak in person on a public hearing or planning item,please call the City Clerk's office at 757-385-4303 to sign up. Be advised that there is limited seating available in the City Council Chamber to ensure social distancing, as recommended by the CDC. If you wish to make comments virtually on a public hearing or planning item,please follow the two-step process provided below: •Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e 1374a7dedf60ce203781 d74ceba827ff •Register with the City Clerk's Office by calling(757) 385-4303 or via email at ABarnes(a,vbgov.com prior to 5:30 p.m. on June 9, 2020 This Special Formal Session will be broadcast on cable tv, www.vbgov.coin and Facebook Live. Citizens are encouraged to submit their comments to the City Council prior to the Special Meeting via email at CityCouncil(avbgov.com. Sincerely, Robert M. Dyer Mayor Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 1:30 PM A. COVID-19 UPDATE Dr. Demetria Lindsay, Director—Virginia Beach Health Department Erin Sutton, Director—Emergency Communications B. PUBLIC SAFETY UPDATE Steve Cover—Deputy City Manager Interim Chief Anthony Zucaro,Jr.—Police Department C. HRT AMENDMENT TO COST ALLOCATION AGREEMENT Brian Solis, Assistant to the City Manager for Special Projects D. FINANCIAL UPDATE Alice Kelly, Director—Finance E. AVINGRID/KITTY HAWK, LLC Bobby Wheeler, Operations Support Administrator—Public Works F. PENDING PLANNING ITEMS William Landfair, Planning Evaluation Coordinator Kevin Kemp, Zoning Administrator CITY COUNCIL SPECIAL FORMAL SESSION II. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer - City Council Chamber- 4:00 PM A. READING OF THE MAYOR'S CALL FOR SPECIAL MEETING B. ROLL CALL OF CITY COUNCIL C. AGENDA REVIEW D. RECESS TO CLOSED SESSION III. RECONVENE SPECIAL FORMAL SESSION - City Council Chamber - 6:00 PM A. CERTIFICATION OF CLOSED SESSION B. SPECIAL SESSION AGENDA 1. CONSENT AGENDA C. RESOLUTION 1. Resolution to REFER to the Planning Commission four(4) Ordinances to AMEND the City Zoning Ordinance (CZO) pertaining to short term rentals: a. Section 104 re allow civil penalties for the violation of Section 241.2 b. Section 241.2 re revocation of grandfather status and City Council findings c. Section 1903 re permitted uses in the Old Beach Overlay District d. Transition rules for the review of Conditional Use Permits in the Old Beach Overlay District �S 61U'E,jC�L7 44 s, Ito, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A RESOLUTION REFERRING TO THE PLANNING COMMISSION ORDINANCES TO AMEND THE CITY ZONING ORDINANCE, PERTAINING TO SHORT TERM RENTALS: TO AMEND SECTION 104 TO ALLOW CIVIL PENALTIES FOR THE VIOLATION OF SECTION 241.2, TO AMEND SECTION 241.2 PERTAINING TO REVOCATION OF GRANDFATHER STATUS AND CITY COUNCIL FINDINGS, TO AMEND SECTION 1903 ALLOWING CERTAIN SHORT TERM RENTALS AS PERMITTED USES IN THE OLD BEACH OVERLAY DISTRICT, AND TRANSITION RULES FOR THE REVIEW OF CONDITIONAL USE PERMITS IN THE OLD BEACH OVERLAY DISTRICT MEETING DATE: June 9, 2020 • Background: The Resolution will refer the attached ordinances to the Planning Commission for its review and recommendation. The ordinances are in reference to the Old Beach Overlay and short term rentals. It will allow short term rentals as a permitted use if the owner uses the short term rental property as their principle residence. This will only apply to those short term rentals in the Old Beach Overlay. Also referred are an ordinance that will change the penalty for violations of the short term rental use from criminal to civil charges and a time limit of 2 years for not using the short term rental for such use. The referral was requested by Councilmember Tower. • Considerations: The Planning Commission has 100 days to bring its recommendation to City Council. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: The referral Resolution should be adopted to allow further discussion of short term rental uses and its effect on residential neighborhoods. • Attachments: Resolution Ordinances Recommended Action: Approval Requested by Councilmember Tower 1 REQUESTED BY COUNCILMEMBER TOWER 2 3 A RESOLUTION REFERRING TO THE PLANNING 4 COMMISSION ORDINANCES TO AMEND THE CITY ZONING 5 ORDINANCE, PERTAINING TO SHORT TERM RENTALS: TO 6 AMEND SECTION 104 TO ALLOW CIVIL PENALTIES FOR 7 THE VIOLATION OF SECTION 241 .2, TO AMEND SECTION 8 241 .2 PERTAINING TO REVOCATION OF GRANDFATHER 9 STATUS AND CITY COUNCIL FINDINGS, TO AMEND 10 SECTION 1903 ALLOWING CERTAIN SHORT TERM 11 RENTALS AS PERMITTED USES IN THE OLD BEACH 12 OVERLAY DISTRICT, AND TRANSITION RULES FOR THE 13 REVIEW OF CONDITIONAL USE PERMITS IN THE OLD 14 BEACH OVERLAY DISTRICT 15 16 WHEREAS, the public necessity, convenience, general welfare and good zoning 17 practice so require; 18 19 WHEREAS, concern has been expressed in the Old Beach Overlay neighborhood 20 and elsewhere that the density of short term rentals is increasing too rapidly and that the 21 number of short term rentals will make the area appear vacant during the off season; and 22 23 WHEREAS, the four (4) ordinances are to amend the City Zoning Ordinance to 1) 24 revoke grandfathered status after two years of nonuse and to establish city council findings, 25 2)to make short term rental violations civil penalties, 3)to allow permitted short term rentals 26 in the Old Beach Overlay under certain conditions, and 4)transition rules for the Old Beach 27 Overlay District; and 28 29 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 30 VIRGINIA: 31 32 There are hereby referred to the Planning Commission, for its consideration and 33 recommendation the four (4) ordinances attached hereto. 34 35 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 36 BEACH, VIRGINIA: 37 1 38 That the Planning Commission be, and hereby is, directed in accordance with Virginia 39 Code Section 15.2-2229 to transmit to the City Council its recommendations concerning the 40 aforesaid amendments no later than one hundred (100)days after the date of the adoption 41 of this Resolution. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City ttorney's Office CA15068 R-3 June 3, 2020 2 1 AN ORDINANCE TO AMEND SECTION 104 2 OF THE CITY ZONING ORDINANCE TO 3 ALLOW CIVIL PENALTIES FOR THE 4 VIOLATION OF SECTION 241.2 5 PERTAINING TO SHORT TERM RENTALS 6 7 Section Amended: § 104 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 104 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 104. - Violations and penalties. 20 21 (a) Except as provided in subsection (b), any person who violates any of the 22 provisions of this ordinance shall, upon conviction thereof, be guilty of a 23 misdemeanor punishable by a fine of not more than one thousand dollars 24 ($1,000.00). If the violation is uncorrected at the time of the conviction, the court 25 shall order the violator to abate or remedy the violation in compliance with this 26 ordinance, within a time period established by the court. Failure to remove or 27 abate a violation within the specified time period shall constitute a separate 28 misdemeanor offense punishable by a fine of not more than one thousand dollars 29 ($1,000.00); and any such failure during a succeeding ten-day period shall 30 constitute a separate misdemeanor offense punishable by a fine of not more than 31 one thousand five hundred dollars ($1,500.00); and any such failure during any 32 succeeding ten-day period shall constitute a separate misdemeanor offense for 33 each ten-day period punishable by a fine of not more than two thousand dollars 34 ($2,000.00). 35 36 (b) Any person who violates any provision of Part B of Article 2, section 241.2, or 37 section 1903, regarding only short term rentals, of the City Zoninq Ordinance 38 hereof shall be assessed a civil penalty in the amount of two hundred dollars 39 ($200.00) for the initial summons and not more than five hundred dollars 40 ($500.00) for each additional summons. The assessment of a civil penalty shall 41 not preclude the institution of a civil action by the zoning administrator pursuant to 42 section 103(a) of this ordinance, but no such violation shall, unless it results in 43 injury to any person, be prosecuted as a criminal misdemeanor, provided however 44 that when such civil penalties total five thousand dollars ($5,000.00) or more, the 45 violation may be prosecuted as a criminal misdemeanor. 46 1 47 . . . . 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 50 of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA1 5059 R-2 May 8, 2020 2 1 AN ORDINANCE TO AMEND SECTION 241.2 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE REVOCATION OF 4 GRANDFATHER STATUS AND CITY 5 COUNCIL FINDINGS 6 7 Section Amended: § 241.2 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 241.2 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 241.2. - Short term rental. 20 21 (a) Short term rentals shall be subject to the following conditions unless 22 specifically modified by action of the city council in granting a conditional use 23 permit or creating a short term rental overlay district: 24 25 . . . . 26 27 (12) Any short term rental that has registered and paid transient occupancy 28 taxes to the Commissioner of the Revenue prior to July 1, 2018 shall be 29 considered grandfathered and shall not be required to obtain a conditional 30 use permit, but must meet the conditions of section 241.2. Any expansion 31 of the footprint of the dwelling housing the short term rental that expands 32 the overall square footage by more than twenty-five (25) percent or one 33 thousand (1,000) square feet, whichever is less, shall have its 34 grandfathered status revoked and must immediately obtain a conditional 35 use permit to continue such use. Any grandfathered short term rental that 36 is vacant or not used as a short term rental for 24 consecutive months 37 shall have its grandfathered status revoked by the Planning Director. 38 Grandfathered status shall run with the land; 39 40 . . . . 41 42 (b) When approving conditional use permits for short term rentals City Council 43 shall find that: 44 45 (1) The density of short term rental uses in the immediate vicinity do not 46 change the characteristics of the neighborhood; and 1 47 (2) Parking is readily available to accommodate short term rental use. On- 48 site parking solutions are visually appealing and environmentally 49 responsible. If an off-site parking plan is submitted the parking is 50 reasonable and practical so as to be easily used by the quests of the 51 short term rental. 52 53 (3) The increased occupancy of short term rental use is compatible with the 54 character of the residential neighborhood considering factors such as 55 noise, trash and other negative consequences. 56 57 (4) Short term rentals are a needed resource in certain areas of the City 58 and it is located in close proximity to venues, districts or areas that 59 generate a high volume of people or visitors. 60 61 62 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 63 of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA15061 R-5 June 5, 2020 2 1 AN ORDINANCE TO AMEND SECTION 1903 2 OF THE CITY ZONING ORDINANCE 3 ALLOWING CERTAIN SHORT TERM 4 RENTALS AS PERMITTED USES IN THE 5 OLD BEACH OVERLAY DISTRICT 6 7 Section Amended: § 1903 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 1903 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 1903. - Use regulations. 20 21 (a) Principal uses and structures. Subject to general requirements and to the 22 regulations of the underlying zoning districts, all uses and structures permitted as 23 principal uses in the underlying zoning districts shall be permitted as principal 24 uses within the Old Beach Overlay District. In addition, the following use shall be 25 permitted within the Old Beach Overlay District, although not allowed as a 26 principal use in the underlying zoning district: 27 28 (1) Single-family dwellings. 29 30 (2) Ancillary single-family dwellings, located on the same lot as a separate 31 single-family, in the R-5D Residential Duplex District, any Apartment District, 32 and any Resort Tourist District, subject to the requirements of sections 33 1904(b) and 1905, and provided further that a single lot with a single-family 34 dwelling and an ancillary single-family dwelling shall not be subdivided to 35 create a separate lot for each dwelling. 36 37 ) Short term rentals meeting the following criteria: (i) the owner of the property 38 must declare and use the property used as a short term rental as their 39 principal residence; and (ii) must meet all the conditions required in section 40 241.2 of the City Zoning Ordinance. 41 42 . 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 45 of , 2020. 1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA15060 R-2 May 8, 2020 2 1 AN ORDINANCE ESTABLISHING TRANSITION RULES 2 FOR THE REVIEW OF CONDITIONAL USE PERMITS FOR 3 PROPERTY IN THE OLD BEACH OVERLAY DISTRICT 4 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 WHEREAS, the City Council has referred to Planning Commission revisions to the 10 Old Beach Overlay that would affect the approval or denial of short term rentals in the 11 overlay; and 12 13 WHEREAS, the regulations pertaining to conditional use permits in the Old Beach 14 Overlay District differ significantly from those previously applicable; and 15 16 WHEREAS, it is the sense of the City Council that special transition rules should 17 be adopted to govern conditional use permits for short term rentals in the Old Beach 18 Overlay District that were not approved prior to the effective date of the Ordinance. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 Any application for a conditional use permit for a short term rental in the Old 24 Beach Overlay accepted prior to the date of referral shall be processed based upon 25 the law existing at the time of submission. Any application accepted after the date 26 of referral shall be considered based upon the law applicable at the time of City 27 Council consideration. No application shall be unnecessarily delayed. 28 29 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That nothing in this ordinance shall be construed to affect any vested rights which 33 existed as of the effective date of the Ordinance. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 36 of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA15021/R-2/June 5, 2020 D. PLANNING 1. ELIZABETH ANNE GREGORY for a Conditional Use Permit re short term rental at 635 South Atlantic Avenue DISTRICT 6—BEACH (Deferred from February 4, 2020) RECOMMENDATION: APPROVAL Items below are rescheduled from March 17, 2020: 2. DONALD ROBERTSON for a Conditional Use Permit re short term rental at 417 16th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. MARTIN PLAISTED /VB GETAWAY PROPERTIES,LLC for a Conditional Use Permit re short term rental at 1738 Baltic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. MARTIN PLAISTED/ARCTIC TRIDENT, LLC for a Conditional Use Permit re short term rental at 338 25 1/2 Street Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. HANGER HOLDINGS,LLC for a Conditional Use Permit re short term rental at 207 12'1' Street,Units 1, 2, 3, 4 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. MARY ANN COX for a Conditional Use Permit re short term rental at 905 D Pacific Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 7. STEVE GOREHAM for a Conditional Use Permit re short term rental at 325 25th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. RICHARD FLEMING for a Conditional Use Permit re short term rental at 2937 Arctic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 9. JUSTYCE SWANGO/JAAG INVESTMENTS,INC. for a Conditional Use Permit re short term rental at 521 Carolina Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 10. KEVIN D. BRYAN for a Conditional Use Permit re short term rental at 209 South Birdneck Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 11. JOSHUA J. COE, TRUSTEE/JOSHUA & KIMBERLY COE JOINT REVOCABLE LIVING TRUST for a Conditional Use Permit re short term rental at 407 18th Street, Unit D DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 12. CHRISTOPHER TAING /THENG TAING for Conditional Use Permits re short term rentals at: a. 417 20th Street b. 421 20th Street,Units Al &B2 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 13. SHIPLAP COTTAGE—THE COVE,LLC/RITAMARIE SEARLES for a Conditional Use Permit re short term rental at 201 87th Street, Unit A DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 14. JACKIE YOST for a Conditional Use Permit re short term rental at 301 Winston Salem Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 15. SUSAN E. MARKLEY/SUSAN E. MARKEY& LOUIS E. GORMAN for a Conditional Use Permit re short term rental at 629 14th Street DISTRICT 6—BEACH RECOMMENDATION: DENIAL 3"40 --‘CN t.....J 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,June 9,2020 at 6:00 p.m.,at which time the following applications will be heard: Elizabeth Anne Gregory[Applicant&Owner]Conditional Use Permit(Short Term Rental)635 South Atlantic Avenue(GPIN 2426396228)COUNCIL DISTRICT-BEACH Donald Robertson[Applicant&Owner]Conditional Use Permit(Short Term Rental)417 16th Street(GPIN 2427066534)COUNCIL DISTRICT-BEACH Martin Plaisted[Applicant&Owner]Conditional Use Permit(Short Term Rental)1738 Baltic Avenue(GPIN 24270730526850)COUNCIL DISTRICT-BEACH Martin Plaisted[Applicant]Arctic Trident LLC[Owner]Conditional Use Permit(Short Term Rental) 338 25'h Street(GPIN 24280030615210)COUNCIL DISTRICT-BEACH Hanger Holdings,LLC[Applicant&Owner]Conditional Use Permits(Short Term Rentals)207 12th Street,Units 1,2,3,4(GPIN 2427251422)COUNCIL DISTRICT-BEACH Mary Ann Cox[Applicant&Owner]Conditional Use Permit(Short Term Rental)905 D Pacific Avenue(GPIN 24272444110995)COUNCIL DISTRICT-BEACH Steve Goreham[Applicant&Owner]Conditional Use Permit(Short Term Rental)325 25th Street (GPIN 24280030615010)COUNCIL DISTRICT-BEACH Richard Fleming[Applicant&Owner]Conditional Use Permit(Short Term Rental)2937 Arctic Avenue(GPIN 2418919560)COUNCIL DISTRICT-BEACH Justyce Swango[Applicant]JAAG Investments,INC[Owner]Conditional Use Permit(Short Term Rental)521 Carolina Avenue(GPIN 2427130113)COUNCIL DISTRICT-BEACH Kevin D.Bryan[Applicant&Owner]Conditional Use Permit(Short Term Rental)209 S.Birdneck Road(GPIN 2417428456)COUNCIL DISTRICT-BEACH Joshua J.Coe,Trustee[Applicant]Joshua&Kimberly Coe Joint Revocable Living Trust[Owner] Conditional Use Permit(Short Term Rental)407 18th Street Unit D(GPIN 242 7 0 7 63310004) COUNCIL DISTRICT-BEACH Christopher Taing[Applicant]Theng Taing[Owner]Conditional Use Permit(Short Term Rental) 417 20th Street(GPIN 2427084010)COUNCIL DISTRICT-BEACH Christopher Taing[Applicant]Theng Taing[Owner]Conditional Use Permits(Short Term Rentals) 421 20th Street Units Al&B2(GPIN 2427083080)COUNCIL DISTRICT-BEACH Shiplap Cottage-The Cove,LLC[Applicant]Ritamarie Searles[Owner]Conditional Use Permit (Short Term Rental) 201 87th Street, Unit A (GPIN 2510511390) COUNCIL DISTRICT - LYN N HAVEN Jackie Yost[Applicant&Owner]Conditional Use Permit(Short Term Rental)301 Winston Salem Avenue(GPIN 2427220621)COUNCIL DISTRICT-BEACH Susan E.Markley[Applicant]Susan E.Markley and Louis E.Gorman[Owners]Conditional Use Permit(Short Term Rental)629 14th Street(GPIN 2417956596)COUNCIL DISTRICT-BEACH Any citizen wishing to make comments virtually during the public hearing should follow a two- step process provided below: •Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTI D=e1374a 7dedf6Oce203781d74ceba 827ff •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes8vbgov.cont prior to 5:30 p.m.on June 9,2020 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. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Beacon:May 24,2020&May 31,2020-1 TIME EACH _ . ir __..----------\ .1 .r---- \ ----A, \ ' ; __4 ____ \ _ ---k --------7.- \ , --- -- 13, 4. ______---# CO _ -- 1/ ----- W O. ...• i CD f v R=1:0 • -- 0 . , „ 7, 1,---- — -.1, 4. •. 1/0 A CO es* . Ar 1 Ir.. Ar .3" l'Ar AV --••-- C C --- , __-------- -- \ C ----1 _ \ \ \s,---------------:_,------- _..___ _ R-1 0 _.. __ ‘i \\ ---- - „, ., 111,....„,.....,.„ , ,, I It_ \ _ _ "\\\ .. __ R-10 _0 4', , .,, --, _ ., oad , . croatan 11 ___ __-. , 1-0\ .\ _...-- . ,_ _____- ------„... ' ,,,, Site Elizabeth Anne Gregory Zoning 635 South Atlantic Avenue \ r Parking Lot Drive Aisle Building Feet 0 10 20 40 60 80 100 120 ILA cy 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: June 9, 2020 • Background: This request was scheduled for the March 17, 2020 City Council agenda; however, that meeting was cancelled. City Council unanimously deferred this item at the February 4, 2020 public hearing due to the absence of the applicant at the meeting. Council members were also concerned about a missing notice sign, which has since been replaced. The applicant is requesting a Conditional Use Permit for a Short Term Rental on property located in the Croatan neighborhood and zoned R-10 Residential District. There is one four-bedroom, single-family dwelling on the 5,006 square-foot site. The maximum occupancy for guests on-site after 11:00 p.m. is three per bedroom, or 12 in this case. The four required off-street parking spaces are provided in the driveway in front of the home. • Considerations: This property is located in a single-family residential neighborhood, one block from the public beach of the Atlantic Ocean. All required parking for the Short Term Rental use is provided on-site on the existing 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 Staffs evaluation, are provided in the attached Staff report. One letter of opposition was received about the request noting concerns related to possible negative impact to property values, potential lack of property maintenance, and no community involvement by renters. • 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. Condition 2 regarding events has been modified, as indicated by underlined and strike-through text, following the Planning Commission's public hearing in order to address the City Council's desire to prohibit events within Short Term Rentals. The applicant is aware of this change and finds it acceptable. Elizabeth Anne Gregory Page 2 of 3 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 the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). Ne events with more than fifty (50) people present, shall be held absent a special 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 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. Elizabeth Anne Gregory Page 3of3 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.) 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 STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department i/, City Manager: ML- "NIB Applicant and Property Owner: Elizabeth Anne Gregory Agenda Item Public Hearing:January 8, 2020 City Council Election District: Beach 17 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation ;,�- :°:nner :fit, Kevin Hershberger Location �� 635 South Atlantic Avenue A i GPIN SIIII ,, 24263962280000 6 ',die litSite Size5,006 square feet .F � c Existing Land Use and Zoning District Single-family dwelling/ R-10 Residential Surrounding Land Uses and Zoning Districts North k d . .7 .t: ‘. t Alley E -y Single-family dwellings/ R-10 Residential , lie , , ,... -...-- South ` . * `•" . Single-family dwellings/ R-10 Residential It East - tA y .,; . South Atlantic Avenue nn- c-� Single-family dwellings/ R-10 Residential .r40 -1,0L-41 ..--.1 West Single-family dwellings/ R-10 Residential ` • - ; • "- 4 t: 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 tilitA R-10 fl ,0 Zoning History CD # Request 1 �� 1 STC(portion of alley)Approved 03/23/2004 Cio 0 u 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 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 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.) 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 City Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020 and May 31, 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 May 25, 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 June 5, 2020. • One letter of opposition has been received. Elizabeth Anne Gregory Agenda Item 17 Page 4 Site Layout and Parking Plan 1 I I ., 15' ALLEY (UNDEVELOPED) PIN(F) 0.2 N 04'14'15" W 0.2 �PIN(F) 0.1' 50.00' 0.3' 5' WOOD FENCE K YM � 5' W000 FENCE — JUGNG E x all x x x 10.0' , W if) In sv Single- o 13 � ° �� 15 nQ family g -..:. oIn ao dwelling Z I'in.. ,.' __-.----CHIMNEY 1445, ' :: _J OVERHANG :1eT.:... . 13.5' LINE OF 2nd. & 3rd. FLOOR DECK r 3' SPLIT RAIL FE X 5 Parkin- 4' 3' SPLIT RAIL FENCE space S Y 0.3' -1 100' TO CROATAN RD. x' PIN(F) S 0• - • ►xPIN F, (FORMERLY CAROLINA AVE.) X SOUTH ATLANTIC AVE. (50' R/W) 'i (FORMERLY CHAUTAUQUA AVE.) '" ouvclrnl cI1P\/PY Elizabeth Anne Gregory Agenda Item 17 Page 5 Site Photos ....":"....."4:: '.,-, - , ii: r Ill ij;u 1 p,.Jt111 1(9.1 1 I -I I '�' _ ; iiiii -,i_______„, „, sr_ -- -91111. , , . , , /7IIIIIII!II rii ...., __ ___. _____ a i ��i IINNII{IIIN I, m w • ii,„„„iiIIII _ _ r k w Elizabeth Anne Gregory Agenda Item 17 Page 6 Disclosure Statement • Virginia Beach 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 (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 L__ _ _. 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, R SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to arty Page 1 of 7 1 Planning Commissloa and City Council meeting that pertains to the are:IIcatioMs}. �44 APPLICANT NOTIFIED OF HEARING DATE. //%5,40 1 /Il ..r:/ Alla NO CHANGES AS OF DATE: ///c/y0 r v7'",/ „ REVISIONS SUBMITTED__ _ DATE: ///c/Yo (c 41l S l«tt'r Elizabeth Anne Gregory Agenda Item 17 Page 7 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. I__J Check 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 ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 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. 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: 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 xi I 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 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 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 svbiect_gf_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 Pane 9 Disclosure Statement (14 APPLICANT Virginia Reach YES NO, SERVICE i PROVIDER(use additional sheets if 1 needed) — J XAccounting and/or preparer of your tax return Et Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than El ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed I-1 X. purchaser of the subject property I I f„ (Identify purchaser(s)and purchaser's service providers) Construction Contractors zEngineers/Surveyors/Agents Financing(include current n z mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) rin Legal Services Real Estate Brokers/ Z Agents/Realtors for current and anticipated future sales of the subject •ro.erty + t 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 Elizabeth Anne Gregory Agenda Item 17 Page 10 Disclosure Statement :mom Virginia Beads 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. r3 �3ErN GrtL _, � -13-�q APPLICANTS SIG 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 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 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 ($1,000,000.00) underwritten by insurers acceptable to the City. 12. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 13. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 14. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short-Term Renal. 3 SUPPORT/OPPOSITION TAP ELIZABETH ANNE GREGORY - 635 SOUTH ATLANTIC AVENUE CI\ \______) El? 0,_ l-^ram C: R-10 L \ "F• _____.__________ to 5 co 71 cr. cc-11\ R-10C9, . ��, CD -10 C3 -I' CI:c1D C=3 ____-------- ------------ Groats" Road _ ; -10c:—_-_\ C:= _ r� Support (0) * Opposition (1) ,r. ma 1,11.0401,,',, --- /2 1, 011-M11111111 \ :..:-:. ::.. ' • .: ; '..-: . : :. -. .... . .i.•• • W 1001011111101 / I' I'I0 II Iii. *„.1/rr iii I,, III\II 7 'ISIIIII11,1, -,., . ....__ .. . . .. .. . ... 1��ippi \ II iVm....---___.....1 1 , -,,.\LW 11,:\ 7 \ Ø\ r �' • q?, i?r,.1 4,106,1 rp ...-: _-_ r OIL ... 4111111P/AtIW raim tr to e, , ...Irir 1 r' I\I 0 ;i1 ' * r r si *is chs //a '...41110sw-- .' ems VII .'1 \'i,$ Jr- - ra '� Ito r, .0 _=______., -: ,t tip'',%1st�I�', . . ...,. . .. �i x'/r . . Ir ,I �S II II _ - y I 1' I1 I �_�� y I I 1I I\) ,---_-;----; ;.,.. ____:__-_-____ rev= ��-- 1y�� I 5 111ii, III,\s,i 7 iyl )-' , _,, ., - so,,. \, ! - Th r '\y 'a $ .0I I1STATUS ' Approved 00 ,4 Of O. Orli 'i -b ' II � -- ' II I fillsion , 7. ti Denied = - - I�yI, II 11111111111 Under Review i II'yi III t l Idyl I Registered f �1, II ', y).11 , IA \ ----- \ v ' 1, ----_ 7E4'1'9,' , - \ \ c::, cp ________ - i \ S Q CO rn (/ _ - - _ ! Ln„. __ (mil • ________________--------- ce ,..t. c.,_ vA . 6,____ 0„,...., ,___ ,.. S� c__.„ ____, ._ ,„_ ., d 0 c..\ . ., Tr .. ��________ ram.. r a \� ‘ � : , \ r" ,., Ce 4-0 + .1,,,s.. %,.. , \\,, _______ .0 0 <N. to n- Q j k ly } _ 1 _____\ - �t�c A�ent`e _- - _ 1 co vi 40 y a)_.1000---- -------- j , - ISM v E .- O J cry Cr) S c C 1 = O R! O 1 -� C!) hi 0. co , S.ap^NU lF,tcHt 7j p•'J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DONALD ROBERTSON [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 417 16th Street (GPIN 2427066534). COUNCIL DISTRICT— BEACH MEETING DATE: June 9, 2020 • Background: This request was scheduled for the March 17, 2020 City Council agenda; however, that meeting was cancelled. The applicant is requesting a Conditional Use Permit for Short Term Rental use on this 5,047 square-foot parcel located in the A-12 Apartment District. The lot consists of a single-family dwelling and garage apartment, both constructed in 1927. The Short Term Rental application is for the single-family dwelling only. City records indicate that the dwelling contains 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: The subject property is located in the Central Beach District of the Resort Strategic Growth Area, four blocks from the resort beach. All required parking is provided on-site in a driveway to the east of the home. The proposed Short Term Renal use is within the boundaries of the Residential Parking Permit Program (RPPP), which 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 that prohibits the use of guest and temporary passes while the Conditional Use Permit is active. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this request and three letters of support were received with 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. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) Donald Robertson Page 2 of 3 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 the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 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. Donald Robertson Page 3 of 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 .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. 16.The garage apartment cannot be used for Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. _92 Submitting Department/Agency: Planning Department' City Manager: 'Tid.t,. Applicant & Owner: Donald RobertsonAB Agenda Item Public Hearing: February 12, 2020 City Council Election District: Beach 7 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff PlannerIt Kevin Hershberger Location illiiRlita _- Street 0 tad 0 illi GPIN 2427066534 I ' Site Size re� 5,047 square feet 0.1 Existing Land Use and Zoning District Single-family dwelling with Garage Apartment/ A-12 Apartment Surrounding Land Uses and Zoning Districts - North v - Single-family dwellings/A-12 Apartment , e wo.� a,z South ., - '1'- 16th Street -1 ''''1111.1-!‘ _ Apartments/ R-5S Residential rOlkt w�` ��_„ r . East R 0 Single-family dwellings/A-12 Apartment � \ West '' 3 .a i �� Single-family dwellings/A 12 Apartment �,i "" '°.t } i 'cry —! ec z. ►.. iii ,, _ t{ #� isp t Donald Robertson Agenda Item 7 Page 1 Background and Summary of Proposal Site Conditions and History • The site is 5,047 square feet and is zoned A-12 • There is a single-family dwelling and a nonconforming garage apartment on the site both were built in 1927. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. Summary of Proposal This request is a Conditional Use Permit for a Short Term Rental at 417 16th Street. There is a nonconforming garage apartment on site.The garage apartment will not be used for 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: Four • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room):Twelve • Number of parking spaces required (1 space per bedroom required): Four • Number of parking spaces provided: Four \ 0,217 \ , _\_ —"- ,.,pra - IF--- WO*"8 - — 1 I ,, _ Ivo\ Zoning History �� d # Request _ 4. '1 1 CRZ(Mother's Inc.)Withdrawn 2002 U_'ity ,Keaa•'` i NON (Remove Garage Apartment add Single-family telt On.sThdwelling) Denied 10/8/2002 o R-5 -- n R-SS Q 0 - c—n ' 3'cl \c --, 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 Donald Robertson Agenda Item 7 Page 2 Evaluation and Recommendation The Short Term Rental is in an existing single-family dwelling that was built in 1927. It is a four bedroom dwelling.The parking spaces are provided by Four surface space. 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 shall only apply to the dwelling unit addressed as 417 16th Street 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 the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the 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. Donald Robertson Agenda Item 7 Page 3 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. 17. The garage apartment cannot be used for 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. Donald Robertson Agenda Item 7 Page 4 Public Outreach Information Planning Commission • Staff received 4 letters of support for this application. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 13, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 26, 2020, and February 2, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 28, 2020. • 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 February 6, 2020. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020 and May 31, 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 May 25, 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 June 5, 2020. • Three letters of support have been received by Staff. Donald Robertson Agenda Item 7 Page 5 Site Layout and Parking Plan ;) i — _:7 I R� No as bv) y , I I � )1 N 8590' L 50.00' ' I e�E ck • Garage I a Apartment o - 0 • il 0 0 I r-ar 0 0 6 O — IZ ,+.., 14 cG • S: Ingle 4 parking el family — spaces welling Pq I 2 �, U, N Y:000' '- I '� s w (0 S 83'30'W 50.00' OP) ,,L0 IAA 50.12' (F ) " 1i07" STREET ( SO' Donald Robertson Agenda Item 7 Page 6 Site Photos g 4 1 C i wry .w: 'lime ' l , j,V 4 6�' 11'11 llllilililillli:i iii i:: ::�iiitlttilNN11111[111I11��I — 10 Donald Robertson Agenda Item 7 Page 7 Site Photos SJ lir _,_ __....., Nk. , ..,,,, . ,,, , . , . 4,,.......e.. .... , .,_ : , ____________ . ,,, , _ : 11,33,,... r., -. _ -- ‘Nit . t - -• ___._______ , , ' ''.1- . ::::''-(14101Etill 4, . . 1 ' "' ' ' - ----' Nx --NN-."' ‘ , . Donald Robertson Agenda Item 7 Page 8 Site Photos f t .'' -....fl.i.:::," '.--,,,,,.f.k, ' - .,4.,"Lk ofil;.-.;:*I.'' li;'''':ft:•;•14c- -------. --,,_,___17.----...:,,l':__,.,....,.., \$_\\..' . . ,,, .:.,....,,,,-11:. . . .,,,....., . ,t, . . _ .. ... , . _• a, . _ ,...,;.,16.1!t..:___t . .., ._,_ . : , , , _,_ ________,.._c , ,. ., _ ,„.‘„, 'I'll'; `I:' 1 ■ i .1/ If- • Or." _ . • 4 iiir � + -I 1 Ii r j!!! 'nnilllul l `-< `ljiu , 111 " i ` yll I I .. ,' II IIIIIl ll�l�lt;i :" � � � , Donald Robertson Agenda Item 7 Page 9 Disclosure Statement 4ponia Beach, APPLICANT'S NAME c1../ON ' e a7;0c J 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 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 gc 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). 4,4Y lit APPLICANT NOTIFIED OF HEARING DATE: 2 �V�� 0r51,1 .,tC Av/NI NO // /, NO CHANGES AS OF DATE: /j c .o / vita REVISIONS SUBMITTED DATE: �//1/4 p I Donald Robertson Agenda Item 7 Page 10 Disclosure Statement .mod Virginia Beach 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: F-Q"14.- 2 7SCzr`f 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. I 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 Donald Robertson Agenda Item 7 Page 11 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. ♦ A 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 Donald Robertson Agenda Item 7 Page 12 Disclosure Statement 1\13 APPLICANT Virginia Beach I PROVIDER(use additional sheets if YES NO SERVICE needed) Ir Accounting and/or preparer of your tax return fir. Architect/ Landscape Architect/ �' Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 7purchaser of the subject property (identify purchaser(s)and purchaser's service providers) /7 Construction Contractors �j Engineers/Surveyors/Agents J� Financing (include current prmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / krAgents/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 H 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 Donald Robertson Agenda Item 7 Page 13 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. /J C} APPLICANT'S SIGNATURE - PRINT NAME DATE Page 5 of 7 Donald Robertson Agenda Item 7 Page 14 Disclosure Statement OWNER vtgmia Beach rYES l NO SERVICE PROVIDER(use additional sheets if needed) 7 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 I purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 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) r z Legal Services RealEstateBrokers/ Agents/Realtors nts/Re/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 u 1 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 Donald Robertson Agenda Item 7 Page 15 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 understand that, upon receipt of notification that the application has been I 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! PROPERTY OWNER'S SIGNATURE PRINT NAME DATE b 1 I Page 7 of 7 Donald Robertson Agenda Item 7 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. Donald Robertson Agenda Item 7 Page 17 Item#7 Donald Robertson Conditional Use Permit(Short Term Rental) 417 16th Street February 12, 2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Okay, is there any opposition this being placed on the consent agenda? Thank you, Madam Chair there are many items on the consent agenda are for Short Term Rental. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rental on the consent agendas. These applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications therefore there's no opposition to the request and these are items number 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25. That being said, I move for approval on the consent. I am sorry 25 is deferral, thank you. Okay. That being said, I move for approval on a consent agenda items, One, five and six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26. Ms. Oliver: Yes. Mr. Inman: I need a make a disclosure that at least one item on the consent agenda shows financing by Town Bank. I serve on the advisory board for Virginia Beach Town Bank, in that capacity I don't make any decisions on loans or merely an advisory position. So I will be voting on these matters. Ms. Wilson: Those items are 10, 11, 12 and 18. Ms. Oliver: Yes. Mr. Graham: Madam Chair, I too need to disclose that I am on a board of Town Bank of the same items and I will be voting today. Ms. Oliver: Great, yes. Mr. Weiner: Madam Chair. I need to abstain the item number five Spence Crossing at the corner of Princess Anne Road Independence Boulevard, the developer is my client. Ms. Oliver: Anyone else? Okay. Make a motion. Mr. Weiner: I made a motion already. 1 Ms. Oliver: Do I have a second? Mr. Graham: I second. Ms. Oliver: Okay. Thank you. Ms. Sandloop:The vote is open. By the recorded vote of 9-0, agenda items one, five, six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26 have been approved by consent with Commissioner Wiener abstaining from Agenda Item number five. Ms. Oliver: Great. Thank you very much. And I would like to thank all the applicants for coming down today who had a matter of them on the consent agenda, and attending the hearing. All these items will be scheduled for hearing with the City Council to be announced. And so if you'd like to take this opportunity to leave before we start our hearings, you are welcome to do so. Thank you again for coming down. The next order of business will address the remaining matters on our agenda. And I would ask the city clerk to 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 shall only apply to the dwelling unit addressed as 417 16th Street 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 2 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 the permitted number of people who may stay overnight(number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the 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. 3 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. 17. The garage apartment cannot be used for Short Term Rental. 4 SUPPORT/OPPOSITIO: MAP DONALD ROBERTSON- 417 16TH STREET 1R `' ------- iiii rd -f"vi 9inla Beachc',-. \\\ \ \ Q 6 i c _ ` d 111t* • <Dgli 1 A-1 ' DC 11.0 - 1101 ire n nu ,... , a \ \ \-LI:' --- I 16th street D13 do ,__ ________ o_iliel . ______ ____,_ _____ __ _ ________ ^____- C\ R-5 S 0 R-5S0 0011111° — • a_______-----\ \ ,-31a\ d\1\ 1 Subject property Support (3) Opposition (0) r T_ a, \, ,,______-- ... -- os ,e-iii.-- ., Li_ 0 N ✓ O it 4 °' $ ✓ ir A i ,L..,...._.., .._-------------------:..:, ippidgi.00l::-\IC4------ -,,---, ., ._\' \; __ \' ea‘ti c Avenue �e�ue Ba�t�c A ~d '\\To I LI 1141 .::\ CU V C co ‘ VII - 7%2 c>i 13 11Vre\ ....t- _ s '1 f m 0\ \:\ V 01 ____, as co ��. `. C- E 0 —0.---- , J N = _ _ , ..... ----\13\ W t 40 0 ,----r---r'i 1 O S \\ • \ 6) -- _--------- \ al CC C \t, Y 15 ~ °\ i v a a) ---\,--'-----1 , ,:1.• ,_ ii,, 4[ „Or'"Ikil, �`.s ., _..,,,, ,..,.:,,,,...„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARTIN PLAISTED [Applicant] VB GETAWAY PROPERTIES, LLC [Property Owner] Conditional Use Permit (Short Term Rental)for the property located at 1738 Baltic Avenue (GPIN 24270730526850). COUNCIL DISTRICT — BEACH MEETING DATE: June 9, 2020 • Background: This request was scheduled for the March 17, 2020 City Council agenda; however, that meeting was cancelled. This request is for a Conditional Use Permit for a Short Term Rental in one unit located within a 14 unit condominium building located in the OR Oceanfront Resort District. City records indicate that the condominium was built in 1984. The subject unit has two bedrooms. The maximum number of guests permitted on the property after 11:00 p.m. is three per bedroom, or six people in this case. Two on-site parking spaces are required and provided. • Considerations: The proposed Short Term Rental request is for an existing two-bedroom unit located within a 14-unit condominium building. Staff is aware of one other Short Term Rental application in the process of review located within the condominium. All required parking is provided on-site with two designated parking spaces, one specifically for the unit, and one included in a pool of additional spaces for the complex that can be leased. A condition is added to address this scenario. The proposed Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP), which 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 that limits the number of guest and temporary passes available while the Conditional Use Permit is active. A condition is recommended to that affect. Further details pertaining to the application, as well as Staffs 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. Martin Plaisted Page 2 of 4 1. The following conditions shall only apply to the dwelling unit addressed as 338 25 1/2 Street 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. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 4. 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 the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the 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. Martin Plaisted Page 3 of 4 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. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. Martin Plaisted Page 4 of 4 • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department g `/ ' City Manager: "/ t, NBApplicant & Property Owner: Martin Plaisted Agenda Item Public Hearing: February 12, 2020 City Council Election District: Beach Virginia Beach Request .appli01011.11111111171 9 Conditional Use Permit (Short Term Rental) Staff Recommendation Approval /' Staff Planner 110 1111 Kevin Hershbergerles°1: 11111 10 Location � '�,,,.-- 338 25%2 Street GPIN ' � 111 24280030615210 � � • Site Size �S 50,400 square feet 000��0 ' Existing Land Use and Zoning District Villi � ' Apartments/A-12 Apartment (Old Beach Overlay) Surrounding Land Uses and Zoning Districts North 25%Street - s 1 t - Single-family dwellings/A-12 Apartment OldAb. tl; _a' .. - Beach Overlay ®*- , .4,- South ? , 'g ` -'�- F` SR 25th Street '- '-- -� p -.w , Apartments/OR Oceanfront Resort East z'-,, '" s.) Arctic Avenue `k-lrk 4 y Duplex/A-12 Apartment Old Beach ' . v West 0 5 P * Apartments /OR Oceanfront Resort ! - 'r a tmtWtll 'z., ,_ �z d. eA.=mot" I Martin Plaisted Agenda Item 9 Page 1 Applicant: Martin Plaisted Agenda ItemProperty Owner: VB Gateway Properties, LLC AIB Public Hearing: February 12, 2020 City Council Election District: Beach 8 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation ,..•-+ Approval - -' .,•11 Staff Plann! :rger . Kevin 110,111111111111t Location 1111 1738 Baltic AvenueIlliiiiiirmil r E GPIN i 24270730526850 • Site Size ,♦q 01110.1111 � 16,800 square feet Existing1101111 Land Use and ZoningDistrict 101111111 1/1 , Apartments/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 18th Street ja Townhouses/OR Oceanfront Resorts ` ` South 11, .0 .r. -r` ., 1 ,.� �.e+e ,k . .c ti a 17th %2 Street (alley) �+ � � ,� '. t _,,, Commercial/OR Oceanfront Resort s , i+ ,�. 7'"j .. � `�! r4 r ty East .4 u r 04 , ,I 4 Baltic Avenue s`' ' ' w Apartments/OR Oceanfront Resort a, ,, , . ,.„ ,. � West r =. _ — 1 AAlley 40 . .... .,.._ _ Single-family dwellings/OR Oceanfront Resort ` ` 1.1" rY r 0« - •:--Q - 1 ya` �'' GN .�"�.-, Vilk— _�=i. - _ sv Air Ar. VB Gateway Properties, LLC Agenda Item 8 Page 1 Background and Summary of Proposal Site Conditions and History • This parcel is 16,800 square feet and is Zoned OR Oceanfront Resort. • This condominium was built in 1984. There are 14 units in the condominium. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. Summary of Proposal • This request is for a Conditional Use Permit for a Short Term Rental in one condo unit addressed 1738 Baltic Avenue.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* *Each of the 14 units are provided with one parking space and there are 21 parking spaces available on site. The applicant/owner will lease one additional space to meet the parking requirement for Short Term Rental. A condition is recommended to that affect. OR Q Rj cz \ \ - 3• ,.t '� '' Zoning History �, # Request '"� `�� 2 1 NON (Expanding a nonconforming duplex)Approved �R� , /,�� 104/28/1992 � y 2 CUP(Craft Brewery)Approved 11/8/2017 --'' =-i"mw ' \ - 3 CUP(Automobile Museum)Approved 12/07/2010 \oF\_ --------1'' wood l ,._� doh 4— sou- bR -- - ' sArotnw r OR "-A' Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance REZ-Rezoning NON-Nonconforming Use ALT-AlternativeCompliance LUP-Land Use Plan CRZ-Conditional Rezoning STC-Street Closure SVR-Subdivision Variance STR-Short Term Rental Martin Plaisted Agenda Item 8 Page 2 Evaluation and Recommendation The Short Term Rental request is for an existing 2-bedroom condominium unit built in 1984. 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. Base 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 1738 Baltic Avenue and the Short Term Rental use shall only occur in the principal structure. 2. The applicant/owner shall secure and maintain an additional leased parking space for the duration of the Short Term Rental use.The applicant shall provide proof of lease prior to the operation of the Short Term Rental use and at the renewal and/or expiration of each lease term subject to the review and approval of the Zoning Administrator. 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 4. 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. 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. 5. 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. 6. No events with more than the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the 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 Martin Plaisted Agenda Item 8 Page 3 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. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. 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. Martin Plaisted Agenda Item 8 Page 4 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on January 13, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 26, 2020, and February 2, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 28, 2020. • 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 February 6, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020 and May 31, 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 May 25, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/govern ment/departments/city-clerk/city-cou nci I/Documents/Bookma rkedAgenda.pdf on June 5, 2020. VB Gateway Properties, LLC Agenda Item 8 Page 5 Site Layout and Parking Plan S il#Evev .'sIR7 '• i'4.ht .0••E •g 1 Z 1 wilDWPAr ♦+1g• ,..r{ •. r.••w7•.•••• I w••+++ w+ii a+r a•+.a t orr i -.#ice 'r rarti•r.r.•.. .•• i.r Oe /►4 r r+a•uj •.• till A "HO t i.•fives.* :fi II, r + fP.r.fr- r T "LI foal fa Me Of'IrviIV k r44oS•?¢ f 0111141'Ilt•o r.*MI•,I. Moe esI."MfT Tf moue ar Vafti/.WiA•lip-7ii! 4A4a), i11~I• 'email C WO.r•.►I.try gg•••01L!row .. 44 _ 0r I.a! •'•*' • anti.+•w•;nw.. a • .40 .Na• r $ wie sw4 f • +jj c, •-. 2 Parking ' paces L____ _ AI I e 4., • ...\\•.,....s...\ • , . . 1 It t,..,p 1 Q ; . IIIPI Unit 1738 • , oc 2 I r-i ,. 1 , II-- ._._....._._..irdr'-. • - . ODOM . _ . Baltic Avenue Martin Plaisted Agenda Item 8 Page 6 Site Photos ,__ _ � ; _, Illthioh,;„110„,„....,..,, .,,___,._,,,,„..,....;.„. ._... _ /... .,.,-..44,1/441tc w 1 ,..i, • •- • , i 0„11.R1„,,..,._.,_________ , 1� u v/ , — -:....:-',.'4.7.-:,... -;,•,,iiiNkill, )0,2,!_.-.:-.,,,7: - ' ., -.,.,_.__';;,24,-Iiill els,___ ,._ .„„:‘,. .. a ` "- a' i • Y / eq. �. a on.' r c Martin Plaisted Agenda Item 8 Page 7 Disclosure Statement vuginia 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 Exce tion 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 ♦ _ —. —♦ 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 I All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planninc Commission and City Council meettnr,that pertains to the apulicatwnls). APPLICANT NOTIFIED OF HEARING DATE: Q pi NO CHANGES AS OF DATE: /l/J "Pt P rk- /Atka REVISIONS SUBMITTED DATE: Ole /2jg Martin Plaisted Agenda Item 8 Page 8 Disclosure Statement V3 ireii,i< ea. nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. QCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:VBGetaway Properties LLC If an LLC, list all member's names: Martin Plaisted, Charles Rockey 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 z SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Anplkant. jCheck 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:VBGetaway Properties LLC _ If an LLC, list the member's names:Martin Plaisted,Charles Rockey Page 2 of 7 Martin Plaisted Agenda Item 8 Page 9 Disclosure Statement \113 Virginia Reach 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 su.ject 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 Martin Plaisted Agenda Item 8 Page 10 Disclosure Statement APPLICANT Virginia Beach PROVIDER(use additional sheets If YES NO L SERVICE needed) CI VI Accounting and/or preparer of your tax return MArchitect/Landscape Architect/ t1� 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 CCC 111 purchaser's service providers) Construction Contractors yEngineers/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/ El Agents/Realtors for current and anticipated future sales of the subject property amommtminer 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 Martin Plaisted Agenda Item 8 Page 11 Disclosure Statement 113 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. 714 Q Martin Plaisted //,',/yi/; APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Martin Plaisted Agenda Item 8 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. Martin Plaisted Agenda Item 8 Page 13 Item#8 Martin Plaisted Conditional Use Permit(Short Term Rental) 1738 Baltic Avenue February 12,2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Okay, is there any opposition this being placed on the consent agenda? Thank you, Madam Chair there are many items on the consent agenda are for Short Term Rental. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rental on the consent agendas. These applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications therefore there's no opposition to the request and these are items number 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25. That being said, I move for approval on the consent. I am sorry 25 is deferral, thank you. Okay. That being said, I move for approval on a consent agenda items, One, five and six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26. Ms. Oliver: Yes. Mr. Inman: I need a make a disclosure that at least one item on the consent agenda shows financing by Town Bank. I serve on the advisory board for Virginia Beach Town Bank, in that capacity I don't make any decisions on loans or merely an advisory position. So I will be voting on these matters. Ms. Wilson: Those items are 10, 11, 12 and 18. Ms. Oliver: Yes. Mr. Graham: Madam Chair, I too need to disclose that I am on a board of Town Bank of the same items and I will be voting today. Ms. Oliver: Great, yes. Mr. Weiner: Madam Chair. I need to abstain the item number five Spence Crossing at the corner of Princess Anne Road Independence Boulevard, the developer is my client. Ms. Oliver: Anyone else? Okay. Make a motion. Mr. Weiner: I made a motion already. Ms. Oliver: Do I have a second? 1 Mr. Graham: I second. Ms. Oliver: Okay. Thank you. Ms. Sandloop:The vote is open. By the recorded vote of 9-0, agenda items one, five, six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26 have been approved by consent with Commissioner Wiener abstaining from Agenda Item number five. Ms. Oliver: Great. Thank you very much. And I would like to thank all the applicants for coming down today who had a matter of them on the consent agenda, and attending the hearing. All these items will be scheduled for hearing with the City Council to be announced. And so if you'd like to take this opportunity to leave before we start our hearings, you are welcome to do so. Thank you again for coming down. The next order of business will address the remaining matters on our agenda. And I would ask the city clerk to 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 shall only apply to the dwelling unit addressed as 1738 Baltic Avenue and the Short Term Rental use shall only occur in the principal structure. 2. The applicant/owner shall secure and maintain an additional leased parking space for the duration of the Short Term Rental use. The applicant shall provide proof of lease prior to the operation of the Short Term Rental use and at the renewal and/or expiration of each lease term subject to the review and approval of the Zoning Administrator. 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 4. 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. 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. 5. 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. 6. No events with more than the permitted number of people who may stay overnight(number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the 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. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rental. 3 13. No signage shall be on-site, except one(1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven(7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. 4 \ \ .0, . • --- II, r r-� - S Iti. �f� I; y paaalsibab 5fr�lf 1101, • � -- itli ,ti r �� _ = -aCk II ''I '� nr�aina� aapun it ti titi, Ito*l0 paivap 1St ___ G. ' ' ' __ = P S f 11�dl S t/ 111.--_____----_,-1--_-la-: 1 ..*_-.Totork. II 1. �I,__. , =f J- - — " w' :0—,.. ii,\10.6.0. 01111g1 1 itt • kiAvia „awl ., '____„. 4 } 19e ,I I :. 1111.16 , *I it _�r_r I I ___, .. : -.. c,ig.. I \ ... ,\ i . , 1 � WA �� t-' 1 I t \_ I'i \\ .itt ll5 -�111111111 l �yr' ,�r _________\0 I .. \,,. %Si ' \______---------______. ------ -..\--1-0-S--O-- �- ��•-�T = _ '' \ .c... . . , \ • _:-:------ t - 1 -.... t, i,,,,,,,,, Op,.....t__ . __. yeti,, I � yy �,�. 1 ti , __.____._14..,g, ,:.•,......_ •k ., Iy . .. .., ,, , .A_____,'-'---- ----la% . _ .-- % . 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COUNCIL DISTRICT— BEACH MEETING DATE: June 9, 2020 • Background: This request was scheduled for the March 17, 2020 City Council agenda; however, that meeting was cancelled. The applicant is requesting a Conditional Use Permit for Short Term Rental for one unit on a site containing 28 condominium units. The 50,400 square foot parcel is zoned A-24 Apartment District and located within the Old Beach Overlay District. The subject unit is a two-bedroom dwelling. The maximum number of guests on-site after 11:00 p.m. is three per bedroom, or six people in this case. Two on-site parking spaces are required and provided, one within a single-car garage and one in the driveway in front of the unit. • Considerations: The subject unit is located within the Atlantic Place condominium development, across 25th Street from the I-Fly facility and approximately 850 feet from the public beach of the Atlantic Ocean. Staff is aware of two other applications for Short Term Rentals that are in the review process on this site. All required parking is provided on-site; one within the unit's single-car garage and the other in the driveway. As permitted by Section 241.2 of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. The proposed Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP), which 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 that limits the number of guest and temporary passes available while the Conditional Use Permit is active. Further details pertaining to the application, as well as Staffs 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. Martin Plaisted Page 2 of 3 1. The following conditions shall only apply to the dwelling unit addressed as 338 25 Y2 Street 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. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 4. 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 the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the 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. 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. Martin Plaisted Page 3 of 3 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. 13.The 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. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant: Martin PlaistedNB Agenda Item Property Owner:Arctic Trident, LLC Public Hearing: February 12, 2020 City Council Election District: Beach 9 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation 4_4- ' Approval - r . 0 Staff Planner 14 �� w w Kevin Hershberger a *. r1 , Location 111111111111111L111111110.1 338 25%Street 0.jOimillilliwili GPIN �' o 24280030615210 �' 0 Site Size 50,400 square feet - • Existing Land Use and Zoning District .. \ ro. 110110°1101111 Apartments/A-12 Apartment (Old Beach Overlay) Surrounding Land Uses and Zoning Districts North 25% Street 'OPP Single-family dwellings/A-12 Apartment Old * ;;� r s 114 G Beach Overlay i l South ' �-iap —' 25th Street ;. � *, ' , 4 i'� Apartments/OR Oceanfront Resort 4 4.l ` _ O -:- -- East ` tr=. s '. Arctic Avenue '. • _ '�,. N 1 Duplex/A-12 Apartment Old Beach 1„,4_ .��., 1 � -' West Apartments /OR Oceanfront Resort =- f► u - r : ag i in ' tI - ilik tit,M0 04. A !h ' t ,.I N 11Xr0 .�!�'+R'. S it.•6 4. _,1 Arctic Trident, LLC Agenda Item 9 Page 1 Background and Summary of Proposal Site Conditions and History • The lot is 50,400 square feet and its zoned A-12 Apartment District (Old Beach Overlay). • These are apartments that were built in 1981. • There are no previous Council actions or zoning violations on the property. Summary of Proposal • The applicant submitted a Short Term Rental Conditional Use Permit request for the apartment 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 s OR �N� ,.', \ ORS 03 ("IR?,-;----\ 1 . �- rov No Zoning History -----\ ^ r �IP Ili/�'' 250swiA %-- t`0R A OR --1-----reCca\ 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 Martin Plaisted Agenda Item 9 Page 2 Evaluation and Recommendation The 50,400 square-foot parcel at the oceanfront is zoned A-12 Apartment District (Old Beach Overlay). The applicant is requesting a Conditional Use Permit for Short Term Rental in a two-bedroom dwelling unit in this complex. 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 dwellings as Short Term Rentals are 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.There is no known opposition to this request. 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. Base 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 338 25 %Street 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. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 4. 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 the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the 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. Martin Plaisted Agenda Item 9 Page 3 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. 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. The 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. 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. Martin Plaisted Agenda Item 9 Page 4 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 13, 2020. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays,January 26, 2020, and February 20, 2020. • 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 28, 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 February 6, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020 and May 31, 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 May 25, 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 June 5, 2020. Arctic Trident, LLC Agenda Item 9 Page 5 Site Layout and Parking Plan Z. Parking 1 Driveway 25 /2 Street & 1 in Garage `t.. 1_.._t_Js__f—..ry T_' � �1`l�Y 1■ ti� �•.!! r: i y ,�i r ,.R■� •-�.■■■�€w •. • 2-bedroom ; ; "-• ,`" '� --.1apartment C 1 s • , I t V //',v-7.... - •-) PC Qi 1 e • ` V• W.. •..•. • :.• It: /^:.. r •.. Jr.' 25th Street • .� .�� woe • w••• rr..i.w.•.•.hw • ma17....im•...r w w�.y imam!wan •mama•. .w....«... •..w AM RM 4 rwgn Y I rR etOMM,a Martin Plaisted Agenda Item 9 Page 6 Site Photos . g f ■ - I ( yp �' . s k: ••I, ,,t,,,i Cilia'{, 6 4 yr"._ 1q 4'R`' + y �S' ' 4' Ran r�;�- NIA y c Martin Plaisted Agenda Item 9 Page 7 Disclosure Statement [agA • Virginia Beach APPLICANT'S NAME / =P 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 1 Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit Ucense 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%Ai disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planninu Commission and City Council meeting that pertains to the application's). �/ /( ►� APPLICANT NOTIFIED OF HEARING DATE ��'/2Z ;,',�/y�,/4 n/rr,4,) �� i NO CHANGES AS OF DATE s/411/II /' Aj , i. REVISIONS SUBMITTED DATE z.hf/a, yC 333- 26* Martin Plaisted Agenda Item 9 Page 8 Disclosure Statement reinia Rear n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. E/ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Arctic trident LLC If an LLC,list all member's names: Martin Plaisted,Charles Rockey 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. n 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:Arctic Trident LLC If an LLC,list the member's names:Martin Plaisted,Charles Rockey Page 2 of 7 Martin Plaisted Agenda Item 9 Page 9 Disclosure Statement ginia 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 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§2.2-3I01. 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 Martin Plaisted Agenda Item 9 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO [ SERVICE 1 PROVIDER(use additional sheets if needed) V''� ✓ Accounting and/or preparer of f,,r.: your tax return ❑ �iY Architect/Landscape Architect/ �/ Land Planner ❑ Contract Purchaser(if other thaq ;a , the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed El jizr purchaser of the subject property (identify purchaser(s)and purchaser's service providers) l l Construction Contractors Engineers/Surveyors/Agents Financing(include current ElI mortgage holders and lenders �J selected or being considered to ' provide financing for acquisition or construction of the property) 11 JO Legal Services Real Estate Brokers/ II Agents/Realtors for current and anticipated future sales of the subject prop rty SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ , 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 Martin Plaisted Agenda Item 9 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, 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. _ Martin Plaisted APPUCANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Martin Plaisted Agenda Item 9 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. Martin Plaisted Agenda Item 9 Page 13 Ms. Oliver: Do I have a second? Mr. Graham: I second. Ms. Oliver: Okay. Thank you. Ms. Sandloop:The vote is open. By the recorded vote of 9-0, agenda items one, five, six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26 have been approved by consent with Commissioner Wiener abstaining from Agenda Item number five. Ms. Oliver: Great. Thank you very much. And I would like to thank all the applicants for coming down today who had a matter of them on the consent agenda, and attending the hearing. All these items will be scheduled for hearing with the City Council to be announced. And so if you'd like to take this opportunity to leave before we start our hearings, you are welcome to do so. Thank you again for coming down. The next order of business will address the remaining matters on our agenda. And I would ask the city clerk to 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 shall only apply to the dwelling unit addressed as 338 25 'h Street 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. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 2 4. 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 the permitted number of people who may stay overnight(number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the 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. 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. 3 13. The 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 \ \ W );:. \ I ' \ w O °a O venue a l c, H\ _______ _____4, , \, Pa�ifi� A _ _ -->- - ' \ 1 f )----- iik 1 1 w \ \ w ,, \ , Q . w \ ,• �t tti tt F- NJ cr) rn°3 \ ) \ �*�� .,;'� N � `fit '+ af0I\-- ��t (i) \0 ', - -71\"-\--0 0111k SM (r) H - ___------ 1;10''' 11!1‘' \ A \ ,\. , _____n , ;1st; 0 0_ \______75. irfl, c-_ , iik-,,----ak , . .4,‘ ,, „ ci_ z - T- ....---rr---- ----- - * \. ,4 .', )- --f---- -- N L•inioN*1";‘ . _-e -r f.-:-\ 011) ; e° i1g L Q 4.1_>- ,L____- ,\--\\„, \ i ' \... , 4, `-' tFktt7---i ' 'k ' °-3 \ <C 'C: \ \ %-.1-' 10,.\\ Q �t Jam_ �r 1r-C7.-\ \ . • • ... _ _ ..._ ... _ , _, ......... ..... -sp,••=e,r• ....., • . ,, , _ , .,., 1 -....'. . .. -- --------'--- 1 -----1-----ji -ell _--7:.•• _-.. . . i . __--------- . ••-1-- . ti , • ______------ ), '. ______-_-_ ___----T \ :_ _ r _____- . 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I, ,--0 1 0:011114,1 # ----- r' i 0 'I '' -- C.', \ralik i 1 i i 1 _,_-,-,-;C, i% ill im 11) li LS ....- Ir -f°--------;_lil -• . • - I1/41 1 - 1 ' I , ,Oil )1 v. .' i 1 1 il 'I ll • ti li . 1 1 iiiiLligtAiLVilirAit - ' i. ------ ---------- ' I 46-- • ' - k „ __--- ---- VW. _, kk• I .i 1, , . - •----- -- 'N op 40.------ ___---- , I i•••-• ------_ ------ _-----r--.r.------•. \,,,,I . \\ *IMO" \V., 1-1,-),. .1 --• „, -----f- ,,iii .----••• _,------- ( \..._ "110 -,-0 iii 111 '/10 . 1 I i\ 1 1\II l''... -,.....-----.li \ A ( \ \ k g 0 i' CO < 0 D Ce _-• ‘I, -,------\ .3L ii, ' \-_-)--- Item#9 Martin Plaisted Conditional Use Permit(Short Term Rental) 338 25 1/ Street February 12, 2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Okay, is there any opposition this being placed on the consent agenda? Thank you, Madam Chair there are many items on the consent agenda are for Short Term Rental. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rental on the consent agendas. These applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications therefore there's no opposition to the request and these are items number 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25. That being said, I move for approval on the consent. I am sorry 25 is deferral, thank you. Okay. That being said, I move for approval on a consent agenda items, One, five and six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26. Ms. Oliver: Yes. Mr. Inman: I need a make a disclosure that at least one item on the consent agenda shows financing by Town Bank. I serve on the advisory board for Virginia Beach Town Bank, in that capacity I don't make any decisions on loans or merely an advisory position. So I will be voting on these matters. Ms. Wilson: Those items are 10, 11, 12 and 18. Ms. Oliver: Yes. Mr. Graham: Madam Chair, I too need to disclose that I am on a board of Town Bank of the same items and I will be voting today. Ms. Oliver: Great, yes. Mr. Weiner: Madam Chair. I need to abstain the item number five Spence Crossing at the corner of Princess Anne Road Independence Boulevard, the developer is my client. Ms. Oliver: Anyone else? Okay. Make a motion. Mr. Weiner: I made a motion already. 1 08i O9L OZL 06 09 OC 91. 0 pad 6uprmg c alsly anup i01 6unped .1®„ 417 `C `Z ` I. suun laaa4S ufZI. LOZ 6uluoz® oil `sCulplOH aaBueH aus '//. :_,_,,,,,,-„'_,, - 41)1, 474. ''''' ‘,„,,, tIy' yy 1 ti , 1a , -...,. \M. ,,,, ,,_, _-- t. • -_,y r 1 Ia r, �� l= ; '. HO - ., '.., i \ , , k::-_-,-_-,.::.\\,'":"//00::.,,, .„------ \ ,,,,,, / ;yit 4 \ v 4. / NO c � - a' t' y,, \ ti y 'y 1, yl 4S /�yCT f O ff ?) Z) ,� s� `mow. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HANGER HOLDINGS, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 207 12th Street, Units 1, 2, 3, 4 (GPIN 2427251422). COUNCIL DISTRICT — BEACH MEETING DATE: June 9, 2020 ■ Background: This request was scheduled for the March 17, 2020 City Council agenda; however, that meeting was cancelled. The applicant is requesting Conditional Use Permits for Short Term Rentals for four units located in one building in the OR Oceanfront Resort District. City records indicate that the building was constructed in 1920. The applicant recently purchased the building and has renovated the interior of the four units. Each of the units has three bedrooms, fora total of 12 bedrooms on the site. The maximum number of guests permitted after 11:00pm is three per room, 12 person per unit, for a total of 36 people total in this case. All 12 required off-street parking spaces are provided on-site within a parking area that has recently been repaired and restriped. • Considerations: The proposed Short Term Rental is in an existing apartment building that has operated as rental units for many years. This is an area of the City where Short Term Rental use is to be expected. The site is located two blocks from the public beaches of the Atlantic Ocean, and in close proximity to numerous tourist-based activities and areas. All required parking is provided on site. All other requirements of Section 241.2 pertaining to Short Term Rentals can reasonably be met. Further details pertaining to the application, as well as Staffs 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. The following conditions shall only apply to the dwelling unit addressed as 207 12th Street units 1, 2, 3, 4 and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. Hanger Holdings, LLC Page 2of3 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 the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the 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. Hanger Holdings, LLC 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 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. I Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department Vv _ City Manager: f�� Applicant & Property Owner: Hanger Holdings, LLC Agenda Items Public Hearing: February 12, 2020 10, 11, City Council Election District: Beach 12 & 13 Virginia Beach Requests # 10- Conditional Use Permit (Short Term Rental) # 11 - Conditional Use Permit (Short Term �.• Rental) # 12 - Conditional Use Permit (Short Term 0111 Rental) # 13 - Conditional Use Permit (Short Term Rental) OS Staff Recommendation Approval Staff Planner Kevin Hershberger a Location t ` { "' C 207 12th Street Units 1,2,3,4 GPIN 2427251422 Site Size 8,504 square feet *� Existing Land Use and Zoning District Apartments/OR Oceanfront Resort A , Surrounding Land Uses and Zoning Districts ' North _ • Commercial Parking Lot/OR Oceanfront Resort ; South `� . 12th Street = r Commercial Parking Lot/OR Oceanfront Resort • , East R V Commercial Parking Lot/OR Oceanfront Resort • West Commercial Parking Lot/OR Oceanfront Resort Hanger Holdings, LLC Agenda Items 10, 11, 12, & 13 Page 1 Background and Summary of Proposal Site Conditions and History • The site is an 8,504 square feet parcel, zoned OR (Oceanfront Resort) District. • The property is developed with a four unit apartment built in 1920. • There are no previous Council actions or zoning violations on the property. Summary of Proposal • The applicant submitted a Short Term Rental Conditional Use Permit request for the 207 12th Street 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: Three bedrooms per unit. Four units are included in the request which in total equals 12 bedrooms for the site. • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): Nine guests per unit. Four units are included in this request making the total number of after-hours guests 36. • Number of parking spaces required (1 space per bedroom required):Three spaces required per unit. Four units in the building, twelve spaces required. • Number of parking spaces provided: Twelve parking spaces provided. \ \ R No Zoning History OR o ' svot 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 STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Hanger Holdings, LLC Agenda Items 10, 11, 12, & 13 Page 2 Evaluation and Recommendation The Short Term Rental is in an existing apartment building that was built in 1920.There are four units with three bedrooms in each.The required twelve parking spaces are provided on site.The entire building will be Short Term Rental. Base 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 apartments addressed as 207 12th Street units 1,2,3,4 and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this 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 the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the 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. Hanger Holdings, LLC Agenda Items 10, 11, 12, & 13 Page 3 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. Hanger Holdings, LLC Agenda Items 10, 11, 12, & 13 Page 4 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on January 13, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 26, 2020, and February 2, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2020. • 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 February 6, 2020. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020 and May 31, 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 May 25, 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 June 5, 2020. Hanger Holdings, LLC Agenda Items 10, 11, 12, & 13 Page 5 Site Plan Trei is To Cat , NAT (*SEPT. 27' 2019J SWAMI tK pLTTTT s.Ovl KLOv AAA bat DC TliLt UKS MO PNY$}CAL MTDvr.KNT3 Mt StewN i(RLOt Tit IW vIMNt* S•ONN MOM MC STDiCTLT viTWN DC That LINTS AND T1C*t Mt ND OCDONSKNTS o1 vs$tTCC CASO[NT$tSCtst 0.3 3+OVN .+ a. ; , . LOT 20 LOT IS LOT 16 O gm.. _ N !ic•4S'Op` E ilk', 3A1sls 1 t# ►e ..... SOOQ t• it; 4447) 51Irn"oQ f n `i' tTOt•.Mr ` T D or,. ,imc • LOT 17 101 19 "ta 1,42 s LOT IS _ kI /111 � 4 I �. I 1 t3 1i. Apa '...11''. bedrooms per ents il s: apartments • > It> in n o I a PtHYS1CM. SURVEY Of 207 12th STET 12 tTetto the Southern 16S' or LOT O. 6LOCK 13 VNRGlNI PEACH Parking (NB 1, P4 24P Vrolni. Reach. Vir nio Exclusively for HANGER ►+OL DINGS. LLS Spaces SCALE, r=20' SEPTDOIER 27. ?Dt9 ANfTTam. spruce. 1 `' 1 r4etC . ".�..if tt� `'`ALr . 12th Street n 'Ns.,,,,t,•s wr.ra.■n low iqs*Wine ..,...t.r• WO,v.,"-•n.r t wits.•• N' t•. ....... , .. ..., u tR. : .. LABS TO !E IM TM..••w taw ma0ts•S. t•.r..•.rw. I..t liispr t...a.aMw ty&. 10 ZONE,. ...L. ti'v GIs Wir •• aon. .11 sr s• ..AMM•'t WOW*aatwn w TIAP NM• •A•N wr•.a,.t.v..r..c t w as ..Hew www ROW wA V wr CONtuNl TT SO " DAMES C HUOSONJ.S. 144P REVIStOta, yt41St•.24' v0 19126 Lend Surveyors t'Or t,.io.tth, VA Hanger Holdings, LLC Agenda Items 10, 11, 12, & 13 Page 6 Site Photos ii A ii Ill ^_ ,� -r4 `--'f _ ' war- .- '4. r_ IP OP; 111-11 ' , __ , ....,„ IN . -i f 11 ::._.......4 __...,_ :.„ ,, . , , . . 6..., _ ., . Hanger Holdings, LLC Agenda Items 10, 11, 12, & 13 Page 6 Disclosure Statement ,h Virginia Beach APPLICANT'S NAME HANGER HOLDINGS, 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 0OR 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). J A'J APPLICANT NOTIFIED OF HEARING DATE: , �7,0jQ (Via NO CHANGES AS OF DATE: 2 2,0/j�j REVISIONS SUBMITTED DATE: Z/,26/28 207 /Z-'S,t Hanger Holdings, LLC Agenda Items 10, 11, 12, & 13 Page 8 Disclosure Statement V13 Virginia Read. 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:HANGER HOLDINGS, LLC If an LLC, list all member's names: HUNTER 0 HANGER 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) N/A 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: HANGER HOLDINGS, LLC If an L I C, list the member's names: HUNTER D HANGER Page2of7 Hanger Holdings, LLC Agenda Items 10, 11, 12, & 13 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 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A 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 I ocal 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. •,, ..- _.��, .__mod._. _ �._..�. T._, ._�_ _._ 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 beoperated 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 Hanger Holdings, LLC Agenda Items 10, 11, 12, & 13 Page 10 Disclosure Statement APPLICANT Virginia Beach YES 140 SERVICE PROVIDER(use additional sheets If I needed) Ft 0 Accounting and/or preparer of DFSROCHES&COMPANY CPAs your tax return Inl Architect/Landscape Architect/ N/A Land Planner Contract Purchaser(if other than XI the Applicant)-identify purchaser WA and purchaser's service providers Any other pending or proposed N/A purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 1 I Construction Contractors _ HDH CONSTRUCTION,LLC X ❑ Engineers/Surveyors/Agents _ JAMES C.HUDSON,LS. Financing (include current TOWNE BANK MORTGAGE n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XLegal Services HANGER LAW Real Estate Brokers/ X n Agents/Realtors for current and MIKE DAUBERT anticipated future sales of the THE REAL ESTATE GROUP 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 Hanger Holdings, LLC Agenda Items 10, 11, 12, & 13 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. ///Z Hunter D.Hanger 11/1/19 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Hanger Holdings, LLC Agenda Items 10, 11, 12, & 13 Page 12 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) 1 ❑ Accounting and/or preparer of DESROCHES&COMPANY.CPAs your tax return Architect/Landscape Architect/ Land Planner N/A ❑ Contract Purchaser(if other than the Applicant)-identify purchaser N/A and purchaser's service providers Any other pending or proposed 1-1n purchaser of the subject property N/A (identify purchaser(s)and purchaser's service providers) IXI Construction Contractors HDH CONSTRUCTION__ X Engineers/Surveyors/Agents JAMES C.HUDSON,L.S. Financing(include current X mortgage holders and lenders TOWNE BANK MORTGAGE selected or being considered to provide financing for acquisition or construction of the property) ® n Legal Services HANGER LAW Real Estate Brokers/ n Agents/Realtors for current and MIKE DAUBERT anticipated future sales of the THE REAL ESTATE GROUP 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 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 Hanger Holdings, LLC Agenda Items 10, 11, 12, & 13 Page 13 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. -- '�PROPERTY OWNER'S SIGNATURE PRINT NAME D. Hanger 11/1/19 DATE Page 7 of 7 Hanger Holdings, LLC Agenda Items 10, 11, 12, & 13 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. Hanger Holdings, LLC Agenda Items 10, 11, 12, & 13 Page 15 Item#10, 11, 12, & 13 Hanger Holdings, LLC Conditional Use Permit(Short Term Rental) 207 12th Street, Units 1, 2, 3, 4 February 12, 2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Okay,is there any opposition this being placed on the consent agenda? Thank you,Madam Chair there are many items on the consent agenda are for Short Term Rental. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rental on the consent agendas. These applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications therefore there's no opposition to the request and these are items number 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25. That being said, I move for approval on the consent. I am sorry 25 is deferral, thank you. Okay. That being said, I move for approval on a consent agenda items, One, five and six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26. Ms. Oliver: Yes. Mr. Inman: I need a make a disclosure that at least one item on the consent agenda shows financing by Town Bank. I serve on the advisory board for Virginia Beach Town Bank, in that capacity I don't make any decisions on loans or merely an advisory position. So I will be voting on these matters. Ms. Wilson: Those items are 10, 11, 12 and 18. Ms. Oliver: Yes. Mr. Graham: Madam Chair, I too need to disclose that I am on a board of Town Bank of the same items and I will be voting today. Ms. Oliver: Great, yes. Mr. Weiner: Madam Chair. I need to abstain the item number five Spence Crossing at the corner of Princess Anne Road Independence Boulevard, the developer is my client. Ms. Oliver: Anyone else? Okay. Make a motion. Mr. Weiner: I made a motion already. 1 Ms. Oliver: Do I have a second? Mr. Graham: I second. Ms. Oliver: Okay. Thank you. Ms. Sandloop:The vote is open. By the recorded vote of 9-0, agenda items one, five, six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26 have been approved by consent with Commissioner Wiener abstaining from Agenda Item number five. Ms. Oliver: Great. Thank you very much. And I would like to thank all the applicants for coming down today who had a matter of them on the consent agenda, and attending the hearing. All these items will be scheduled for hearing with the City Council to be announced. And so if you'd like to take this opportunity to leave before we start our hearings, you are welcome to do so. Thank you again for coming down. The next order of business will address the remaining matters on our agenda. And I would ask the city clerk to 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 shall only apply to the apartments addressed as 207 12th Street units 1,2,3,4 and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five(5) years from the date of approval. The renewal process of this 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 2 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 the permitted number of people who may stay overnight(number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the 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. 3 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. 4 1 \, \ \i„,\___.4.4....i.---,-=___-------:--A\ .:,,. . _..... 2,1\—TL IA, \„_._,..1.____'—,—.- .______ _______:2:7) ._. _.,,,,,..n \ .\ I\i 1 r l i y'r ,y'I y S111111 ', \ \...., _ 10\\ \ ,. \ ..„4:0-7,5tcee----'- ---1;\ I\ \ cAt-- .' 11,1 It\ __,_________,--'41_ill.,11____-----f- '',11 11,11 ..'I. _li_,,,___,eqe..... .,, TA\t,-,---- ,i, 'relp71" _ \ ii I\ S4 •4 Si. ter ,,, illl I ...\..-.::::_-__ t�yti � A' \ I ' -__\ \\\ 'l'Irtrle \1 V �-' - yl`• 'I 1 1 'Pi _ ; ma ,y ti ., - i \e. Fk__-. \ sr.. , ,„, . .7..., 1 — e ''' ''i 1� 1 'I11 �5 --t.l. A Jam- a4,.��,I 7 jiilik-2- 161 • 11 oulk,, . 1 -\----\ ..-..1. - \ \ \ 1, .. %., ,,_. .ty--, , i _— (..\1.., to I I 1,1111110 _V*4 4.:__---( i---- \o.i-' . _ ._ _ - .0 r- -'- -17,mill lir ..\: -:.:, .\ \ . I\ \ ..-,,-fali.--- - t li ow, ti '. l- • • I r-^ - S 1 \ STATUS eTh _ _ :_-_: �f �ti,,\ . - OOP ..\ \ ' \\ .40 • \ l i. • , • 1 Approved 4 ,, • Denied _i. L . _ _ =� '� �l. 11 --Any _ $ r _ # ''� -i. Under Review '' �� . t 1 �I 1, 1 0 Registered 4 Ira �, ', I 'k \ '-'7-4 'ki R' ► ��° SCR,,` l frrii#1-4004.'.,, . 7;dr. R \\:\ ,,, t�, \ : tt_ 1� h �� ° � � .'I t r y R-5S OR 4�9; b ''4 r , „ f----\ .0000 .„ 4, \ r/ f '16 \ \, . \ CD \ . WAX/ ,11. _-_-_—__ ,....\ t•-,1„ OR ,.. \\ \l' \ --' , ,,/� re , Norfolk qv 9th street t ia ',, , ,I\ \ ====---s OR , R_5S ,a "--"r 1 1 \ '''. C •Iik \ ,.,, .._, „4C- C►RA c3Suite Mary Ann Cox AO Site 905 D Pacific Avenue , `\ QZoning s Parting Lot Drive Aisle Building Feet 0 25 50 100 150 200 250 300 1 4.- L! ., 7. �� si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARY ANN COX [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 905 D Pacific Avenue (GPIN 24272444110995). COUNCIL DISTRICT— BEACH MEETING DATE: June 9, 2020 • Background: This request was scheduled for the March 17, 2020 City Council agenda; however, that meeting was cancelled. 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 off-street parking spaces required for this use, one per bedroom, is two parking 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 to meet the parking requirement. 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 Staffs 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. The following conditions shall only apply to the dwelling unit addressed as 905 D Pacific Avenue and the Short Term Rental use shall only occur in the principal structure. 2. The applicant/owner shall secure and maintain an additional leased parking space for the duration of the Short Term Rental use. The applicant shall provide proof of lease prior to the operation of the Short Term Rental use and at the renewal and/or expiration of each lease term subject to the review and approval of the Zoning Administrator. Mary Ann Cox Page 2 of 3 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 4. 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 the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the 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. 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. Mary Ann Cox Page 3 of 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. The 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. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ) City Manager: i L_ \fi3Applicant & Owner: Mary Ann Cox Agenda Item Public Hearing: February 12, 2020 City Council Election District: Beach 14 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation 10 / + • Approval VI �.: Staff Planner �r•10111 •q Kevin Hershberger s011igalk Location 11111 � S i III 905 D Pacific Avenue ' a 111111111011111 MI GPIN r*w-' 1.'"a � 24272444110995 >� S;eocZ:Si WI quare feet I.fi • WO 011 MI To"i Existing Land Use and Zoning District *W. Apartments/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North Single-family dwellings/OR Oceanfront Resort South 9th Street i ; t�% k Y City Parking Garage/OR Oceanfront Resort . - , L'7'.,: a4 4 - 1 ;i % t. East '' .,, Retail Shops/OR Oceanfront Resort ; ,, , West - - _ ., t'�" .yil�` - , ' r Pacific Avenue r Private Parking Lot/OR Oceanfront Resort .. Ili' ,: ' } Ire— ' . 1 — ,+i , , "!t 1- t_. -!�� l '+..0 t:,- is .. Er >r~ . . Mary Ann Cox Agenda Item 14 Page 1 Background and Summary of Proposal Site Conditions and History • The lot is 35,00 square feet and is zoned OR Oceanfront Resort. • The building is a condominium built in 1969. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. Summary of Proposal • The applicant submitted a Short Term Rental Conditional Use Permit request for an apartment 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: 1 r ! OR.. S , \ \ R OR OR I R.SS '� ` \ No Zoning History a \ \ ; ;%.j1 ' �i OR Norio&menu. !•, -FT __Rf3\ � 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 STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Mary Ann Cox Agenda Item 14 Page 2 Evaluation and Recommendation The Short Term Rental request is for an existing 2-bedroom apartment dwelling built in 1969. One of the two required parking spaces is provided on site.The applicant stated she will lease the second parking space in the 9th Street Parking Garage.The parking plan has been approved by the Zoning Administration. Proof of liability insurance for$1,000,000 has been provided. No letters of opposition or support have been received. Base on the considerations above, Staff recommends approval of these requests with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 905 D Pacific Avenue and the Short Term Rental use shall only occur in the principal structure. 2. The applicant/owner shall secure and maintain an additional leased parking space for the duration of the Short Term Rental use.The applicant shall provide proof of lease prior to the operation of the Short Term Rental use and at the renewal and/or expiration of each lease term subject to the review and approval of the Zoning Administrator. 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 4. 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 the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the 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. 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. Mary Ann Cox Agenda Item 14 Page 3 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. The 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. 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. Mary Ann Cox Agenda Item 14 Page 4 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 13, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 26, 2020, and February 2, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2020. • 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 February 6, 2020. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020 and May 31, 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 May 25, 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 June 5, 2020. Mary Ann Cox Agenda Item 14 Page 5 Site Layout and Parking Plan / it, If I.4 g „.e. ..., ._ 1 i I I ' -„,. _ I • - ', ‘ I I i . I 1 I _ .. .... . - --- - - [I ; . _ I , I "i I 3. \ 1 Parking , - _.,-..-c, .......,-- ...,-,.......--... Space i 1 C .. I , 1 , , ! PI .. 1 1 1 I I 1 I. z 2 bed-roo 1 t, apartmen - 1..—L.F..5...-F*1 t,'• ti:z-- -4"-- • . r, 1 Norfolk Avenue :- .. ..?4' .---,-eve','--,-- . . ers -2.;,e4..... ......-•el/ IQ) 't —.- -•' -.. ir .."'" -" < eeL..,..e:: ...•'G' 047;:ellike:ote'e"--,- Mary Ann Cox Agenda Item 14 Page 6 Site Photos • - ' OW F I �. nt • ' . 1. •!:pi*- I ‘ i ' . R f Garage I .t 1-space 3 _ � - •w sel 1 --.; i x t- s l_ I• . i it„,.. ,, . , .,. _ _ .,,, ,,.. 1 : l . - ti: 1 : . p.. _ — Driveway 2-spaces 11\t, Mary Ann Cox Agenda Item 14 Paoe 7 Disclosure Statement 1to.1( APPLICANT'S NAMEMarYAnn Cox 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 Page 1 of 7 HEARING ago KLVUIUNS SUBMI I Mary Ann Cox Agenda Item 14 Pane 8 Disclosure Statement Virginia Beach X 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. n Check here if the PROPERTY OWNER IS NOT a 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:Mary Ann Cox If an LLC, list the member's names: Page 2 of 7 Mary Ann Cox Agenda Item 14 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 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 Mary Ann Cox Agenda Item 14 PPP 1(1 Disclosure Statement 1113 APPLICANT Virginia Beach [YES] NO I SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of Craig Knight,CPA your tax return ® 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 f F purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors • EEngineers/Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Inl Legal Services Real Estate Brokers / X 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 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 Mary Ann Cox Agenda Item 14 PAPP 11 Disclosure Statement V3 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. /I, Mary Ann Cox 10/30/2019 j �V I'I 1Z 11t� PLIGINT$�SicNATURE PRINT NAME DATE imillminw Page 5 of 7 Mary Ann Cox Agenda Item 14 PAPP 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. Mary Ann Cox Agenda Item 14 Pate 13 Item#14 Mary Ann Cox Conditional Use Permit(Short Term Rental) 905 D Pacific Avenue February 12, 2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Okay, is there any opposition this being placed on the consent agenda? Thank you, Madam Chair there are many items on the consent agenda are for Short Term Rental. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rental on the consent agendas. These applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications therefore there's no opposition to the request and these are items number 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25. That being said, I move for approval on the consent. I am sorry 25 is deferral, thank you. Okay. That being said, I move for approval on a consent agenda items, One, five and six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26. Ms. Oliver: Yes. Mr. Inman: I need a make a disclosure that at least one item on the consent agenda shows financing by Town Bank. I serve on the advisory board for Virginia Beach Town Bank, in that capacity I don't make any decisions on loans or merely an advisory position. So I will be voting on these matters. Ms. Wilson: Those items are 10, 11, 12 and 18. Ms. Oliver: Yes. Mr. Graham: Madam Chair, I too need to disclose that I am on a board of Town Bank of the same items and I will be voting today. Ms. Oliver: Great, yes. Mr. Weiner: Madam Chair. I need to abstain the item number five Spence Crossing at the corner of Princess Anne Road Independence Boulevard, the developer is my client. Ms. Oliver: Anyone else? Okay. Make a motion. Mr. Weiner: I made a motion already. 1 Ms. Oliver: Do I have a second? Mr. Graham: I second. Ms. Oliver: Okay. Thank you. Ms. Sandloop:The vote is open. By the recorded vote of 9-0, agenda items one, five, six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26 have been approved by consent with Commissioner Wiener abstaining from Agenda Item number five. Ms. Oliver: Great. Thank you very much. And I would like to thank all the applicants for coming down today who had a matter of them on the consent agenda, and attending the hearing. All these items will be scheduled for hearing with the City Council to be announced. And so if you'd like to take this opportunity to leave before we start our hearings, you are welcome to do so. Thank you again for coming down. The next order of business will address the remaining matters on our agenda. And I would ask the city clerk to 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 shall only apply to the dwelling unit addressed as 905 D Pacific Avenue and the Short Term Rental use shall only occur in the principal structure. 2. The applicant/owner shall secure and maintain an additional leased parking space for the duration of the Short Term Rental use. The applicant shall provide proof of lease prior to the operation of the Short Term Rental use and at the renewal and/or expiration of each lease term subject to the review and approval of the Zoning Administrator. 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 2 4. 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 the permitted number of people who may stay overnight(number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the 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. 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. 3 13. The 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 ___,,,, .------ - _----- _--------- ---------- .----------------- - . . -• .'-."--------- "_____------------ ,77.-vr ....1 .:1------- .. . ,n..„0_,.___-14--- "__-_4,--:,-,:;:.7.-----_____A-'‘,.n. ,___27,-.. :(4).41\ --)-• ___-------- _A \---0100: i---.. \ :,....... •ri .‘...„ _ 40_----___ __ _ip‘ ,,,-.7-1:2 -- 10 __ -- ___-- Ai . 011 J Vitt.... ..... _ - ,i ^..1 _... •... _....-- c".." Ili if • .--. % ' k- I- ' • CV CAC imm ' ACC ' ' i C.' \ C ,' lell. iil V ;, ' --- Y..--- e 2 N.--. , , _ *a . __ , \:\ . ›.. v os • ___ . ,.-_,.„ ,..,,_. •.4, - I I .... t',....... — • ' ., A -- a --_ ,t....i.i . • 77, .-.' 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It ,.. ._. a. e ;� 1 0 o R v Tr_ ,___1---- \ cc:3, ' .CD - . - 111.- -------14-:. e*;',,,/.-01,:4>17/4".0.44:',•'/•// ° , 11 \\ .0 CI*-/ 44,40/. ------':----- 4 . `� A-12 , 0/1 � treed -- -v S 0) A'-36 avi25tr : cl ��- ■2 _mil ■ Stireet 25th 1� _ L-- SJstreetul s C cv ?_ 9 \ OR r^ f S - A-1 ,r _5 —;� to-1�2 _ ,, sib , \ ' C ___,....-------ak----"\ Suite Steve Goreham .". site " 325 25th Street ' 7' _ Zoning 1-1 Parking Lot Drive Aisle Building ,Feet 0 20 40 80 120 160 200 240 � 7 s, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STEVE GOREHAM [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 325 25th Street (GPIN 24280030615010). COUNCIL DISTRICT— BEACH MEETING DATE: June 9, 2020 ■ Background: This request was scheduled for the March 17, 2020 City Council agenda; however, that meeting was cancelled. The applicant is requesting a Conditional Use Permit for Short Term Rental use in one unit on a site containing 28 condominium units. The 50,400 square-foot lot is zoned A-24 Apartment and located within the Old Beach Overlay. City records indicate this unit as a two-bedroom dwelling. The maximum occupancy for guests on-site after 11:00 p.m. for a two-bedroom Short Term Rental is six. Two off-street parking spaces are required and provided; one in a single-car garage and one in the driveway in front of the unit. • Considerations: The subject dwelling is within the Atlantic Place condominium development, across 25th Street from the I-Fly facility and approximately 850-feet from the public beach of the Atlantic Ocean. Staff is aware of two other applications for Short Term Rentals that are in the review process on this site. The applicant's parking plan depicts two required off-street parking spaces; one within the unit's single-car garage and the other in the driveway. As permitted by Section 241.2 of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. The proposed Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP), which 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 that limits the number of guest and temporary passes available while the Conditional Use Permit is active. Further details pertaining to the application, as well as Staffs 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. Steve Goreham Page 2 of 4 1. The following conditions shall only apply to the dwelling unit addressed as 325 25th Street and the Short-Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18- feet, contain a minimum 8-feet wide vehicle entryway opening, and always be accessible to the Short-Term Rental tenants. 4. As described in the parking plan submitted by the applicant titled, "325 25th Street Virginia Beach, VA 23451, Parking Plan," and illustrated within the "Site Layout and Parking Plan" section of this report, two off-street, all- weather, hard surface, parking spaces are required and must be available to the Short-Term Rental occupants at all times while renting the unit. 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 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. 7. No events with more than the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 8. 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. 9. 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 Steve Goreham Page 3 of 4 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. 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.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. 12.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. 13.Accessory structures shall not be used or occupied as Short-Term Rental. 14.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. 15.The Short-Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 16.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. 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 on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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 Steve Goreham Page 4of4 propane is present, carbon monoxide detectors shall be installed in each Short-Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department?.99 City Manager: E 42, Applicant and Owner: Steve Goreham Agenda Item Public Hearing: February 12, 2020 /' City Council Election District: Beach 16 Virginia Beach Request Conditional Use Permit (Short-Term Rental) Staff Recommendation Approval Staff Planner 'c , work 01101 William Miller lig rej • , i \ Location ii il I 0 325 25th Street 0101 •�W..GPIN 1.1 II 24280030615010 Site Size �� • 50,400 square feet Existing Land Use and Zoning District ' Multi-family dwelling/A-24 Apartment (Old Beach Overlay) Surrounding Land Uses and Zoning Districts , North "i 1 Y 25th Half Street (alley) ' J' — r t " 11 }14 l ' Single-family and Duplex dwellings/A-12 i ' ` .,- ,,, ` •.,• Apartment (Old Beach Overlay) a South s - 25th Street - AiC, Multi-family dwellings, Commercial parking ` ' ' .•a . Oceanfront Resort , '-, r tP_ �,.: >0- a"'yt� '4111. +, t East -- _ .' '.- _-_. . _ Retail shopping center/OR Oceanfront Resort • • . ,�'�� t. West •,'per . :- Multi-family dwellings/A-12 Apartment (Old f` `V w,! ► -- Beach Overlay) • .° - ` f Steve Goreham Agenda Item 16 Page 1 Background and Summary of Proposal Site Conditions and History • This property is approximately 50,400 square feet and is located within the A-24 Apartment District(Old Beach Overlay). • On December 10, 1979, City Council granted a rezoning request for this parcel from A-1 (now designated A-12) to A-3 (now designated A-24). • According to City records,this lot contains 28 condominium units constructed in 1981. • The submitted parking plan for the subject unit specifies two assigned off-street parking spaces; one in the garage and one in the driveway. • No previous zoning violations were found relating to 325 25th Street. Summary of Proposal The applicant submitted a Short-Term Rental Conditional Use Permit request for one condominium unit 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 Steve Goreham Agenda Item 16 Page 2 r fA-9 *a \ y , �.0 ` ,,FOR O��nsaeet � �, Zoning History AA�z,\,\ ,'-‘ y• 1 w------,, g # Request ,;�) '�'"s ' \ow \______s----____,-- 1 REZ(A-1 to A-3)Approved 12/10/1979 �‘ �'. ' , 2 NON(Two single-family dwellings)Approved 03/23/1984 .\`.� s `-�,12: �'1r7 .-��,"� „, 1 3 STR(PendingCityCouncil hearing) Date to be determined �? fl�� .„..4.,' -v 4 STR(Pending City Council hearing) Date to be determined X ' 3 e/oA. -- f 1.�,:- 5 CUP(Bed and Breakfast)Approved 08 26 2003 r $,..s � :s.�$a"` 6 ALT(Lot area and width, building type,structure 12". i orientation, parking setback encroachment)Approved OR t 03/19/19 \ i i -41 ,, 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 approximately 850-feet from the public beach of the Atlantic Ocean. The applicant's Parking Plan depicts two required off-street parking spaces; one within the single-car garage and the other in the driveway. As permitted by Section 241.2 of the City 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 limits the number of Residential Parking Permit Program parking passes to two and prohibits the issuance of guest permits and temporary permits through the program. 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 325 25th Street and the Short-Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-feet wide vehicle entryway opening, and always be accessible to the Short-Term Rental tenants. 4. As described in the parking plan submitted by the applicant titled, "325 25th Street Virginia Beach,VA 23451, Parking Plan,"and illustrated within the "Site Layout and Parking Plan" section of this report,two off-street, all-weather, hard surface, parking spaces are required and must be available to the Short-Term Rental occupants at all times while renting the unit. Steve Goreham Agenda Item 16 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 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. 7. No events with more than the permitted number of people who may stay overnight (number of bedrooms times three)shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 8. 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. 9. 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. 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. 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. 12. 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. 13. Accessory structures shall not be used or occupied as Short-Term Rental. 14. 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. 15. The Short-Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 16. 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. 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 on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. Steve Goreham Agenda Item 16 Page 4 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 • The applicant has reported no meetings/contact with surrounding property owners or civic leagues. • One letter of support has been received by Staff relating to 325 25th Street(Please note:The letter only expressed support if the applicant adhered to the condominium bylaws). • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 13, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 26, 2020, and February 2, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2020. • 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 February 6, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020 and May 31, 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 May 25, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/govern ment/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 5, 2020. • One letter of support has been received by Staff noting relating to this request. (Please note:The letter only expressed support if the applicant adhered to the condominium bylaws). Steve Goreham Agenda Item 16 Page 5 Site Layout and Parking Plan BUILDING NO. I. I THREE STORY FRAME WITH G'OUND FLOOR PARKING,is .^ o (NIT • UM+T 5 UNIT UNIT 3 UNIT 2 M311 A133 *331 N329 i327 13; 1 'ill?' i 1 .f7� ��Q of ft 'pI I: «�1 . ----- 1 WOS' ` ! duo r�.� � O n. n S 2 .ter -- --- tt .rr - Sidewalk Sidewalk Sidewalk ` 25th Street 325 25th Street / 2-Bedrooms 9'x18' parking space in garage 9'x18' parking space Driveway Steve Goreham Agenda Item 16 Page 6 Site Photos •,,, .. ,_ . . , ,. ....., ,,..........,---.- . • . , 4.01111Mil „...,____ .. .. iiiii"---- ..,...,,,..,.. , , 41.17711117—UNINIMIll ,-----.7 e i-:' Airil'kr: . i , , '114111t ' :-. .....-.... ... - -— ''..,-, '.'''. . ..'-i .,izzliimikt- - ,...-::-. . 1 , 3 Iliti — , •.),-.,‘ ,,,,/ :.5.'"-'1, k..4••• ..<!-:::::•:.:, -: :-• . • , 'It ' 1 '''''..4%;•,?,' ,.'-`„,''..4':-.*-t:I:i'''.; I' kt,, ,,, '. 't1,4' • . ; t ... -i-if ,',.'-• ii I - . ••,,,.. .7: ‘, F, If. -'' 'i'''''''.• 1 li ! I Lt,,,,,,., -\,..• -N .k.v . , . .? ,., ..,-;- k•.b,,A 4 t , ., if L.iff i ....• , - . : .,', 4,,,,:•N.., i. TF --- • '• W. aleal ' i r-1111 . 1 14 7, I ,i 1.-11 : • ,_.• , . ...--1 tv41A7'1' '' .., . • , - '-'-' t v t.,..tef;1•7 •i'n.:"- • ''-, - . .t. -.. • ' :4W-- _._..- -',...",...•;;%..... .-. Steve Goreham Agenda Item 16 Page 7 Site Photos I \ 0_ of-. - rig", --.rifillifirlINIlksigrwi, f- , _____ . i 'Italia \ \14 , 1 y € 1,1 ---- I I \___ \ 1 ,. .> . ,10*ilk•..:_ . s r am. 1 \i, 11 4- NA Steve Goreham Agenda Item 16 Page 8 Disclosure Statement %9rginia Beach APPLICANT'S NAME Steve Goreham 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 Clty Modification of b!Cicy _ Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Choeges Excei.tion for (EthP. Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness -- Street Closure (Historic Review Board) Flrarrddaa AyreeIT+ent -Chesapeake Bay Preservation Area Lease of Clty 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. SECTIO[' 1 / APPLICAi'T DISCLOSURE roe cth t O�LV/All disclosures must be SIP 1H mom.waits ONor to any-- Page 1 of 7 PIannlrn,Commission and CI' Council metro that:erle(ns mihe e t*calc Ks-. A?UCANT NOTIFlED Of NUM MI DATE: MO CMANCES AS Of j DATE Z PI.2s atwstoNs ilasygo DATE: I - Steve Goreham Agenda Item 16 Page 9 Disclosure Statement �p virus Beach IN .Check here if the APPLICANT IS NOT a corporation, pail ,' ti;. business,or other unincorporated organization. EiCheck here if the APPLICANT 1S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_Steve Goreham _ _ 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 footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only ff property owner.lt different from Applicant. [ 1 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 Steve Goreham Agenda Item 16 Page 10 Disclosure Statement Virginia Beach If a Corporation,list the names ofall officers,directors, members, trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship"means `h 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 pip 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 dose working relationship between the entities."sae State and Local Government Conflict of Interests Act, Va.Code§ 2.24101. • 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 Pig.3 of 7 Steve Goreham Agenda Item 16 Page 11 Disclosure Statement s� '�ir �> " anti �v - ?!4 . • APPLICANT '' VItginie Beach YES I NO I SERVICE `PROVIDER to a-,makiauasi :if needed) 1;1 Accounting and/or preparer of 1. 1 your tax return ® Architect/Landscape Architect/ -- t , Land Planner Contract Purchaser Of other tall theitonlicant)-identify purchaser and purchaser's service providers - — Any other pending or proposed purchaser of the subject property fig (identify purchaser(s)and purchaser's service providers) Construction Contractors Chris Mangold �-� } j Engineers/Surveyors/Agents "' ssae I S S Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) QEl Legal Services Real Estate Brokers/ Chris Mangold,Home Improvement k74 { Agents/Realtors for current and Specialists,757-390-0350 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 0, an Interest in the subject land or any proposed development r4 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 Steve Goreham Agenda Item 16 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 on Steve Goreham APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 Steve Goreham 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. Steve Goreham Agenda Item 16 Page 14 Item#16 Steve Goreham Conditional Use Permit(Short Term Rental) 325 25th Street February 12,2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Okay, is there any opposition this being placed on the consent agenda? Thank you, Madam Chair there are many items on the consent agenda are for short term rental. The planning commission places the following applications for conditional use permit for short term rental on the consent agendas. These applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications therefore there's no opposition to the request and these are items number 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25. That being said, I move for approval on the consent. I am sorry 25 is deferral, thank you. Okay. That being said, I move for approval on a consent agenda items, One, five and six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26. Ms. Oliver: Yes. Mr. Inman: I need a make a disclosure that at least one item on the consent agenda shows financing by Town Bank. I serve on the advisory board for Virginia Beach Town Bank, in that capacity I don't make any decisions on loans or merely an advisory position. So I will be voting on these matters. Ms. Wilson: Those items are 10, 11, 12 and 18. Ms. Oliver: Yes. Mr. Graham: Madam Chair, I too need to disclose that I am on a board of Town Bank of the same items and I will be voting today. Ms. Oliver: Great, yes. Mr. Weiner: Madam Chair. I need to abstain the item number five Spence Crossing at the corner of Princess Anne Road Independence Boulevard, the developer is my client. Ms. Oliver: Anyone else? Okay. Make a motion. Mr. Weiner: I made a motion already. Ms. Oliver: Do I have a second? 1 Mr. Graham: I second. Ms. Oliver: Okay. Thank you. Ms. Sandloop: The vote is open. By the recorded vote of 9-0, agenda items 1, 5, 6,7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26 have been approved by consent with Commissioner Wiener abstaining from Agenda Item number five. Ms. Oliver: Great. Thank you very much. And I would like to thank all the applicants for coming down today who had a matter on the consent agenda, and attending the hearing. All these items will be scheduled for hearing with the City Council to be announced. And so if you'd like to take this opportunity to leave before we start our hearings, you are welcome to do so. Thank you again for coming down. The next order of business will address the remaining matters on our agenda. And I would ask the city clerk to 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 shall only apply to the dwelling unit addressed as 325 25th Street and the Short-Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-feet wide vehicle entryway opening, and always be accessible to the Short-Term Rental tenants. 4. As described in the parking plan submitted by the applicant titled, "325 25th Street Virginia Beach, VA 23451, Parking Plan," and illustrated within the "Site Layout and Parking Plan" section of this report,two off-street, all-weather, hard surface, parking spaces are required and must be available to the Short-Term Rental occupants at all times while renting the unit. 2 f 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 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. 7. No events with more than the permitted number of people who may stay overnight(number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 8. 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. 9. 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. 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. 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. 12. 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. 13. Accessory structures shall not be used or occupied as Short-Term Rental. 3 14. 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. 15. The Short-Term Rental shall have no more than two (2)rental contracts during any consecutive seven(7) day period. 16. 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. 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 on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. 4 a) __ X \ \\ b• \W - pacific Avenue o W - l� r_� - �� O Lr, or Or___\ '' i4'i -jA 4 loi t 41( 0 MI j--- k----) 1101ri U, ISIbi t--;k \ t-a iX O Q --'--\ __--‘---=---' 0 `.- 1 ' 1)A.- -' � I- L.LI 1,, \ 0 ° 0 ,„, ,,,, , . . 0, oil . 0'AM. 041e4 \ ' CL I.1.1 .____.----------CSL) 0. ...._!.. A lim„,; ,,, \ , v----:i D > iiik, 0---51co to ,_____,_ - \„": -.-iikiht l'k‘' ' ' 0 ---- E36 ..,-..1_ om \ , \ tr) H \IC) t ------1-1 .- ' ' \ • 8 1 NVA .N\ '::------ � � t _ - ___..\ „ b. ,.,,..._, 4,... 0_ ue Arctic A 1 '- Qm �x T-----c4=1 , � tr-' nl ek \ ''''-kAIG - . -.' I\ \' ' '- , •••• _.----0,17.,ar.:------7.1:\ _ ., ..„-\ ,' 1-,----\'' \ ,. - - \_ro_. . . _ _- a ', t\i 1 -- ______7J,I .__,.,\, .thy VC .1 I, P. Ilik\ V. 00111111 11..1 . .• tel. 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'.8�"4 ;fit _ _ -i, ,I }\I , ____.„-- c,„,, .,* f,,,, \ 0.oiS ilirt , • k• A , dev,,,,,, --- , \\\,\. zi, , iiii,..:rot. , .. .. .., . 70 io CD CD 111.11111.0001 Vila I P. .-13) T.)" 72.43 --- '. ti'' w 45 D 4 O D c t r ,\ '1.—S1 - -� __'.1t--C----\\ I( \ \ \ I' ' ii ---- , \ • • 7 . 1 rip / r -'" �' _--- tD di —f 1 Richard Fleming Ai_& Site 2937 Arctic Avenue N `hor ' MI Zoning Parking Lot Drive Aisle _ Building Feet 0510 20 30 40 50 60 4q y�7 .' � il„� si 4 t �yJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RICHARD FLEMING [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 2937 Arctic Avenue (GPIN 2418919560). COUNCIL DISTRICT — BEACH MEETING DATE: June 9, 2020 • Background: This request was scheduled for the March 17, 2020 City Council agenda; however, that meeting was cancelled. The applicant is requesting a Conditional Use Permit for Short Term Rental use for one townhouse style dwelling unit within a development containing 15 units. The subject dwelling is the end unit in a row of six townhouses. The 2,023 square-foot lot is located within the OR Oceanfront Resort Form Based Code District. City records indicate the dwelling has three bedrooms. The maximum occupancy for guests on-site after 11:00 p.m.fora three- bedroom Short Term Rental is nine. The minimum number of parking off-street parking spaces required for this use is one per bedroom, or three spaces in this case. • Considerations: The development in which the parcel is located was granted Council approval for Alternative Compliance to build 15 townhouse units on June 20, 2017. Council action was needed because several of the units did not have direct street frontage. The subject parcel is located approximately 1,100 feet from the public beach of the Atlantic Ocean and an area of the city with numerous tourist and entertainment based uses. The applicant's parking plan depicts one of the three required off- street parking spaces within the garage and the other two in the driveway. As permitted by Section 241.2 of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. The proposed Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP), which 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 that limits the number of guest and temporary passes available while the Conditional Use Permit is active. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this request. Richard Fleming Page 3 of 4 9. 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. 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.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. 12.AI1 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. 13.Accessory structures shall not be used or occupied as Short Term Rental. 14.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. 15.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 16.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. 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 on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. Richard Fleming Page 4 of 4 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. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department �7 City Manager: / � Applicant and Owner: Richard Fleming Agenda Item 1BPublic Hearing: February 12, 2020 City Council Election District: Beach 17 City of 1 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation , Approval Staff Planner William Miller Location .... ,� 2937 Arctic Avenue +GPIN tormfaumna 1111111i �� 2418919560 y.-W. �Vs% Site Size 2,023 square feet 01.1111 \ fw. Existing Land Use and Zoning District Townhomes/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North •- W Townhomes/OR Oceanfront Resort _, , .' `:.. . .Rt 1,St rest _. South 20-foot alley Multi family dwellings/OR Oceanfront Resort ; Eastrlik Town homes/OR Oceanfront Resort West �� Y r } v s Arctic Avenue Multi-family dwellings/OR Oceanfront Resort _ a ,.11 _ 00 Richard Fleming Agenda Item 17 Page 1 Background and Summary of Proposal Site Conditions and History • The site is a 2,023 square foot parcel located within the OR Oceanfront Resort Form Based Code District. • A total of one townhouse dwelling is located on Lot A6. There are six townhomes on this row. • According to City records,this dwelling was constructed in 2019. • No previous zoning violations were found relating to this address. • This parcel was part of a 2017 Alternative Compliance request before City Council. The specifics of which focused on the development of nineteen dwelling units; eight of which were proposed without direct street frontage as required. Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for the condominium style townhome 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) Richard Fleming Agenda Item 17 Page 2 - OR 901h Slreel •t , Zoning History °\, tit ' ; # Req uest ` quest ,5, ; ! 1 ALT(Lack of direct street frontage for some units) 1 4 '!�/ Approved 06/20/17 2 CRZ(From RT-3,Al2,A-36 to Conditional RT-3)Approved 05/09/2006 OR 3 CRZ(From A-12 to RT-3)Approved 03/12/1997 2_QR 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 site is located approximately 1,100 feet from the public beach of the Atlantic Ocean where Short Term Rental use is to be expected. The applicant's Parking Plan depicts three required off-street parking spaces; one within the garage and the others in the driveway. As permitted by Section 241.2 of the City Zoning Ordinance,the Zoning Administrator reviewed the Parking Plan and deemed it acceptable; however, a condition is recommended that assures the garage will be available for the Short Term Rental occupants. Together with the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals, another condition is recommended that limits the number of Residential Parking Permit Program parking passes to two and prohibits the issuance of guest permits and temporary permits through the program. 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 2937 Arctic Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. 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 always be accessible to the Short Term Rental tenants. 4. As described by the applicant in the "additional information" section of page 4 of the application and illustrated within the"Site Layout and Parking Plan" section of this report,three off-street, all-weather, hard surface parking spaces are required and must be available to the Short Term Rental occupants at all times while renting the unit. Richard Fleming Agenda Item 17 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 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. 7. No events with more than the permitted number of people who may stay overnight (number of bedrooms times three)shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 8. 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. 9. 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. 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. 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. 12. 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. 13. Accessory structures shall not be used or occupied as Short Term Rental. 14. 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. 15. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 16. 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. 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 on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. Richard Fleming Agenda Item 17 Page 4 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 • The applicant has reported no meetings/contact with surrounding property owners or civic leagues. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 13, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 26, 2020, and February 2, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2020. • 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 February 6, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 24,2020 and May 31, 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 May 25, 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/citv-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 5, 2020. • No letters of support/opposition have been received by Staff relating to this request. Richard Fleming Agenda Item 17 Page 5 Site Layout and Parking Plan I4 ,i, - - - f __ - 4 z .M e Z_� N - x X. ° ' CONCRETE e a S� •.'!,ti< DRIVE ASLE G -ma-. - 1 il`tv r, 431 Z ° a M) 1 t ` \ \ \V P , . M O( �1W' ., Driveway LOT—A5 J 3 0 9'x18' 1937 - iY FRAME oot,IHOME parking space W/VIKYL SIDING 1 1111 9'x18' parking space in garage q ;j 7.13' I+ N CDNC oM • __ - II f 4 �6.17' _ _i_____:::_4. . .,,,r() -- ARCTIC AVENUE Richard Fleming Agenda Item 17 Page 6 Site Photos N ` uI I ►.. .-i ■IN- ■ .. up- -..I; , , ._ ,, 03� ,� • 3�` ., ..�.t irl ' r 4r Illil! JIIiDII !' _ DII illif �� _ :I j _ __ iJ , / J1 1 Richard Fleming Agenda Item 17 Page 7 Site Photos fy �; 2937 _'� — / -t.. A ik rf: \ Richard Fleming Agenda Item 17 Page 8 Disclosure Statement APPLICANT'S NAME eho,cat �, V•le � s 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 Appeals Encroachment Request Rezoning Cenifiof Floodplain Variance ; Appropriateness (Historic Review Board) franchise Agreement I Street Closure 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 Page 1 of 7 tot — Q '2.13.10 Gr 1. 1D 0 R[1ISIONS clif (V% T yJ:%1 Mitte.r / - 7. 1/.20 Richard Fleming Agenda Item 17 Page 9 Disclosure Statement • \Li ""-irginia Beach F. 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:Richard Fleming If an LLC, list all member's names: N/A 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) None 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. Inl 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:Richard Fleming If an LLC, list the member's names:N/A Page 2 of 7 Richard Fleming Agenda Item 17 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) N/A (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 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 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 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 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 Richard Fleming Agenda Item 17 Page 11 Disclosure Statement APPLICANT/Ow t1 el. Virginia Beach LYES No] L SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of 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 ❑ Ni �I purchaser of the subject property I (identify purchaser(s)and purchaser's service providers) EJ ® / Construction Contractors may-,�[b Engineers/Surveyors/Agents wQL �( Financing(include current ;:Wells Fargo �, ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El N Legal Services Real Estate Brokers/ ❑ Agents/Realtors for current and ` I V�� anticipated future sales of the subject property --r 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 • Richard Fleming Agenda Item 17 Page 12 Disclosure Statement 1B 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. _ 9 t � 0. `Q Richard Fleming11/12/201 APPLICANT'S SIGNATURE PRINT NAME DATE I Page 5 of 7 Richard Fleming Agenda Item 17 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. Richard Fleming Agenda Item 17 Page 14 Item#17 Richard Fleming Conditional Use Permit(Short Term Rental) 2937 Arctic Avenue February 12, 2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Okay, is there any opposition this being placed on the consent agenda? Thank you, Madam Chair there are many items on the consent agenda are for short term rental. The planning commission places the following applications for conditional use permit for short term rental on the consent agendas. These applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications therefore there's no opposition to the request and these are items number 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25. That being said, I move for approval on the consent. I am sorry 25 is deferral, thank you. Okay. That being said, I move for approval on a consent agenda items, One, five and six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26. Ms. Oliver: Yes. Mr. Inman: I need a make a disclosure that at least one item on the consent agenda shows financing by Town Bank. I serve on the advisory board for Virginia Beach Town Bank, in that capacity I don't make any decisions on loans or merely an advisory position. So I will be voting on these matters. Ms. Wilson: Those items are 10, 11, 12 and 18. Ms. Oliver: Yes. Mr. Graham: Madam Chair, I too need to disclose that I am on a board of Town Bank of the same items and I will be voting today. Ms. Oliver: Great, yes. Mr. Weiner: Madam Chair. I need to abstain the item number five Spence Crossing at the corner of Princess Anne Road Independence Boulevard, the developer is my client. Ms. Oliver: Anyone else? Okay. Make a motion. Mr. Weiner: I made a motion already. Ms. Oliver: Do I have a second? 1 Mr. Graham: I second. Ms. Oliver: Okay. Thank you. Ms. Sandloop: The vote is open. By the recorded vote of 9-0, agenda items 1, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26 have been approved by consent with Commissioner Wiener abstaining from Agenda Item number five. Ms. Oliver: Great. Thank you very much. And I would like to thank all the applicants for coming down today who had a matter on the consent agenda, and attending the hearing. All these items will be scheduled for hearing with the City Council to be announced. And so if you'd like to take this opportunity to leave before we start our hearings, you are welcome to do so. Thank you again for coming down. The next order of business will address the remaining matters on our agenda. And I would ask the city clerk to 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. When the property is redeveloped, it shall be in substantial conformance with the exhibit entitled Proposed Site Layout on page 6 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. No vehicles for sale shall be parked outside of the designated display area, as depicted on the site layout identified in Condition 1 above, including within the 22-foot common easement along Lynnhaven Parkway, within any utility easement or within the right-of-way. No parking of any vehicles shall be permitted within the right-of-way. 3. All vehicles for sale shall be located on a paved surface. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 2 4. A Landscape Plan shall be submitted to the Development Services Center of the Planning and Community Development Department for review and approval prior to the issuance of a Certificate of Occupancy. 5. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 7. There shall be no auto repair or service on the site. 8. There shall be no outside audio speakers for any purpose. 9. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted or attached to the windows,utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 10. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 11. One monument style freestanding sign with a two-foot brick base shall be allowed on the site. The freestanding sign shall be no taller than eight(8) feet in height measured from the ground to the top of the sign. 12. The applicant/owner shall resubdivide the property and vacate all internal lot lines. Said resubdivision plat must be submitted for approval and recordation by the Planning Department. 3 1 k✓ , _ --__- - 1 Ili. 1 1f c,... ' \\\ -.• 1 1 \?. Z__'. _,,L.__..:.'__)•i_.. 15 ' - _ -� ' ti 1 ti', nitainau aapun y It =_ _\\ , panoaddy 0 .fV A�] % _ ti, , o-� 2 5\,ti. S fll`dl S t I \,,,w__- \, " \ \\ \ IV, .7*-e- %%% Vim" �, � y , .1 \ \----- \'''... , . 'VI —, yL.-.:- \ lik * icli ---- 1.t'l,._:::::&all . \,\ _ ,_....t:.=:.;:c...:;_..'11, 11, iiir \\ „4 :111111,6 i yam_ ),1".., _,__,_„__________. „ V. 'a.'" '\ .. t ,„ • ii.).L,,./__________— . •,,___________c,, , ---------: \ \ , • , ,„,.„1..„,,.,, t 1 --.--,-,---,-:-,1--.c).- • Sir--�- .„,,,,,,___1._'.4.....-_a_:_\Iii_i ir _t„, ,r.,,,,.A,.,- \4,1,=_-:t- _ _-____________________,,______-'.,i.\,_„S4?,__.1._.i_ -2_P.,__„r,0,, ,_,.. o., ,si,v\__._,-a 55y1y �~ '', r MyV 5�t' 11� l -. __� ,fly,', y' ' S''1,i`� _ __��; - u , ' 'ti \,,,I apt OSl SZt 00l SL OS SZS ZLO laa j 6uIP mg aisiy anua 101 6upued — s buiuoz NMI _ « anuand euKue3 �Zs ails o6uenns 93Isnr \\LJ} \ \ - G\ ', \\ç \\\ HJ--\\ V991 .::. .....1.\\0?' \\-- \ ,, ' \ VS5? - IIIIllk '1 . amend • _dila 111101. \ litilli ' . \--) ,\ iiiole° i d\ iii ___ , .__. ,. ,niii MA. i - , ' \,, \ ', . ..- V 9 _,- _- 90, ''., . \ \ \, \\ .(1) Vele je ., SS-.,0 4. 4 l co l 1 , 1 5- el t \' A„ik „ ii IS52!" \ 1 , , jqii C -3-°V--- \-3°: - \9 l __. anuat+d _ ! �, , [ .,-,;(0Ik.,. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JUSTYCE SWANGO [Applicant] JAAG INVESTMENTS, INC. [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 521 Carolina Avenue (GPIN 24271301130000). COUNCIL DISTRICT — BEACH MEETING DATE: June 9, 2020 • Background: This request was scheduled for the March 17, 2020 City Council agenda; however, that meeting was cancelled. The applicant is requesting a Conditional Use Permit for Short Term Rental use for a single-family home located within the Shadowlawn neighborhood. The 6,000 square-foot lot is zoned R-5S Residential District. City records note this home as containing 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: The subject lot is located approximately IA mile from the public beach of the Atlantic Ocean. The surrounding neighborhood is characterized by smaller, single-family lots. The submitted parking plan shows that all four required parking spaces are accommodated on the site in front of the dwelling unit. Initially the driveway was not installed as per the permit; however, the applicant has since corrected the mistake and the driveway is in compliance. The proposed Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP), which 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 that limits the number of guest and temporary passes available while the Conditional Use Permit is active. Further details pertaining to the application, as well as Staffs 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. Justyce Swango Page 2 of 4 1 . The following conditions shall only apply to the dwelling unit addressed as 521 Carolina Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As illustrated within the "Site Layout and Parking Plan" section of this report, four off-street, all-weather, hard surface, parking spaces are required and must always be available to the Short Term Rental occupants while renting the unit. 4. 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. 5. 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. 6. No events with more than the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short-Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the 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 Justyce Swango Page 3of4 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. 9. To the extent permitted by state law, each Short-Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11 .All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12.Accessory structures shall not be used or occupied as Short-Term Rental. 13.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. Justyce Swango Page 4 of 4 • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department') City Manager: TA_ Applicant:Justyce SwangoNIB Agenda Item Property Owner:JAAG Investments, Inc. Public Hearing: February 12, 2020 City Council Election District: Beach 18 Virginia Beach Request Conditional Use Permit (Short-Term Rental) Staff Recommendation Approval Staff Planner William Miller0 1011 \ Location 521 Carolina Avenue �1111111 11011GPIN leo'� ogi 2427130113 �� Site Size �� ..r, 6,000 square feet 1101 --"T.....•'''..1 Existing Land Use and Zoning District Single-family dwelling/ R-5S Residential Surrounding Land Uses and Zoning Districts North ,_ Single-family dwellings/ R-5S Residential 0 — ', 4� • 4 c South �`Vhi P^ ¢i V . . t ` Carolina Avenue ;,,: I) �'I °'�� Single-family dwellings/ R-5S Residential ' ..R'�. '°+r ", East 4` �� et Single-family dwellings/ R-5S Residential 1 i '>� ‘ CA qk� k - West 't+`:: i 1 . Single-family dwellings/ R-5S Residential At 7 , ' ifi' ', r: i •S .-:, L t1' r , IV(Jig' *1-. . .vr i 1,.... yi.,tzt Justyce Swango Agenda Item 18 Page 1 Background and Summary of Proposal Site Conditions and History • The site is a 6,000 square foot parcel located within the R-5S Residential District. • A total of one single-family dwelling is located on the parcel. • According to City records,this dwelling was constructed in 1966. • 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 the 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 Justyce Swango Agenda Item 18 Page 2 VirBMU pew ... ' v i Rss 1 Zoning History # Request ` NON(Enlargement of a Nonconforming Use)Approved sttyy 1G p"'"a = I '{t 01/05/16 `t. a �i r{\ __y{ , i ILI A 8,s5 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 site is part of the Shadowlawn neighborhood and is located approximately .4 miles from the public beach of the Atlantic Ocean.The expanded driveway serving the dwelling can accommodate the off-street parking spaces required. Furthermore,the requirements of Section 241.2 of the Zoning Ordinance regulating Short-Term Rentals can be reasonably met by the applicant; however,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 shall only apply to the dwelling unit addressed as 521 Carolina Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As illustrated within the "Site Layout and Parking Plan" section of this report, four off-street, all-weather, hard surface, parking spaces are required and must always be available to the Short Term Rental occupants while renting the unit. Justyce Swango Agenda Item 18 Page 3 4. 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. 5. 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. 6. No events with more than the permitted number of people who may stay overnight (number of bedrooms times three)shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short-Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the 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. 9. To the extent permitted by state law, each Short-Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short-Term Rental. 13. No signage shall be on-site,except one (1),four (4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. Justyce Swango Agenda Item 18 Page 4 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. 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 has reported no meetings/contact with surrounding property owners or civic leagues. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on January 13, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 26, 2020, and February 2, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2020. • 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 February 6, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020 and May 31, 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 May 25, 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 June 5, 2020. • No letters of support/opposition have been received by Staff relating to this request. Justyce Swango Agenda Item 18 Page 5 Site Layout and Parking Plan j, 1J' — . • FRAME :PA. c' d r SHED I *nil d _- Y j l I ,-x q.. Driveway i. ' ` J �t 10.1' ' r ¶0.7 1 - 4 c� la al ' 9'x18' ri ar parking space ,j ,. 41. 1—STORY BRICK ��E o gl f ?v Mt' Pit :P , : . Ili: 'I `I 1 2 3 4 :t b L 60.00 . CAROLINA AVENUE Justyce Swango Agenda Item 18 Page 6 • Site Photos R Z S • tom, 1 G� _ f N 1 �+ vw • /-"_ • • : .tom-- . _ __ . Y_t 1 V' k•S ,r�y.• ..A i i r. 7 j S .a"j4 a ;�. 1 '. .. / ii 1 a��• -K _ " 1 4• „ e :, tin im Vt l : , ly ; 'minai 7 . 'ii, -..„ -„,, ,..„., ....., n i 1,..:,, ..n........_. -7. ,, -,_.-.....',; _:I 14k- Justyce Swango Agenda Item 18 Page 7 Disclosure Statement t 51e R"' k of c 7a f5 iz „y 'reW ` ' `b P �3A Y Y r li,071;i s :PAM AB t tyr # . X ' '':,M'*` .X. ',: r iSS r h Oa rt- ,: ; :I - ; n t 4 ,� v .i• •4. e t .3 'au� r'' '?.:'''<t,,.az:wn.;!„; F �. t_f. c 5• t f; r: .r a+nL.. `"'. -vi nlii' C ii'•d' TVST`1 G� SW►9 NCaO t F''PLI fkr APPLICANT'S NAME m & 1NWE Ti f'rIS, WC. (ownVr__) 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. 4 9 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to arty Page I of 7 Nanning Commission and City Council meeting that pertains to the aDDIcation(s). W. APPLICANT NOTIFIED OF HEARING DATE: Z.I3.2 j) l3 NO CHANGES AS OF DATE: _ 2.14.215 REVISIONS SUBMITTED /� DATE: W%" Mt ttg-r / 1 /./`A_. _ 4.14•ZO Justyce Swango Agenda Item 18 Page 8 *: 'T P'-. S -C-._.:..� . . :......r:7•*'r ycrV .ti.,," e -r)7�- •� 7N^ .._.•, .C r: s :,t,t,' .g y -r. L ►4' 1'..•r • y �1'1 :.0 w.d., .• . ,. �.. ; .i! !hitla . -;� ~`�{ rE• ..A.,_,,,,,,::::-, ,,• �., ,? !°. • .• �• a • .{ �, . x .ISF- ! " :14- a ,••' 1- r • . •..}, , N. • I. {'. • ``t ,':; ,` .r;•}'•r•.:;.sti'i••.%ti.• •e••4 .3' ••L'a.!.1- 4':'.. ,.. .4 .•=" ,A.tr: 1..,. rr•S'.; s•`.. tti , t,,}j; ; . . .J � i ,r ` { o4 :: 4•' ' � ' :: ...r '..� ` '—.= z:0t s'•';}:.s: :alt 4` •.i i• 7V:: .,: :'r� •- ,: ` • 1,1 •1. Check here if the APPLICANT IS NOT a cor ration a f4 lfYhi �Lj } 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;.__ 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 Z e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. E 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: J ANC U� J -_fJ- . If an LLC, list the member's names: Page 2 of 7 Disclosure Statement y Y 2 Y� i 4 } .•xt} ! .?• i•�:S' y 9 '^'f;F'.,i . :k tM .t. � t, • • _ x �t• S > u sy � 'ayr� buy t - If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) Jason Swango India Swango (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. 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 Justyce Swango Agenda Item 18 Page 10 Disclosure Statement _* • • APPLICANT Virginia Beach I_ YES NO SERVICE PROVIDER (use additional sheets If needed) .F.7. Accounting and/or preparer of Roger Porter,CPA I y ► Colby&Company PLC your tax return n (� Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than JAAG Investments, INC Xn the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed L's Z purchaser of the subject property s (identify purchaser(s)and purchaser's service providers) n . Construction Contractors XEngineers/Surveyors/Agents Financing (include current Towne Bank pi mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) MLegal 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 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 Justyce Swango Agenda Item 18 Page 11 Disclosure Statement �:"4 ;N iy gr 3ra.)? -4a4.4f14%s i71 kk.a S a � , II.,t 4 • �._tk j :94'trl} l cbJ� C it t Virginia Beaet.� 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. i APPLICANT'S SIGN E PRINT NAME DATE t_� ( 0. t3ZJSTyCe S NINc D z z —19- ai'P Page 5 of 7 Justyce Swango Agenda Item 18 Page 12 Disclosure Statement 'NB OWNER Virginia Beach YES] NO _ SERVICE PROVIDER(use additional sheets If needed) X n Accounting and/or preparer of Roger Porter,CPA t I your tax return Colby&Company PLC I I X Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than JAAG Investments, INC XLi the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed 7 �/ purchaser of the subject property L� (identify purchaser(s)and purchaser's service providers) XConstruction Contractors 0 X Engineers/Surveyors/Agents Financing(include current Towne Bank X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / X 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 ix 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 Justyce Swango Agenda Item 18 Page 13 Disclosure Statement IN:i3 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. I.!aorEfRTY OWNER'S SIGNATURE PRINT NAME 1 DATE �1J_v `u- t , Iv c Page 7 of 7 Justyce Swango Agenda Item 18 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. Justyce Swango Agenda Item 18 Page 15 Item#18 Justyce Swango Conditional Use Permit(Short Term Rental) 521 Carolina Avenue February 12, 2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Okay, is there any opposition this being placed on the consent agenda? Thank you, Madam Chair there are many items on the consent agenda for short term rental. The planning commission places the following applications for conditional use permit for short term rental on the consent agendas. These applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications therefore there's no opposition to the request and these are items number 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25. That being said, I move for approval on the consent. I am sorry 25 is deferral, thank you. Okay. That being said, I move for approval on a consent agenda items, One, five and six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26. Ms. Oliver: Yes. Mr. Inman: I need a make a disclosure that at least one item on the consent agenda shows financing by Town Bank. I serve on the advisory board for Virginia Beach Town Bank, in that capacity I don't make any decisions on loans or merely an advisory position. So I will be voting on these matters. Ms. Wilson: Those items are 10, 11, 12 and 18. Ms. Oliver: Yes. Mr. Graham: Madam Chair, I too need to disclose that I am on a board of Town Bank of the same items and I will be voting today. Ms. Oliver: Great, yes. Mr. Weiner: Madam Chair. I need to abstain the item number five Spence Crossing at the corner of Princess Anne Road Independence Boulevard, the developer is my client. Ms. Oliver: Anyone else? Okay. Make a motion. Mr. Weiner: I made a motion already. 1 Ms. Oliver: Do I have a second? Mr. Graham: I second. Ms. Oliver: Okay. Thank you. Ms. Sandloop: The vote is open. By the recorded vote of 9-0, agenda items 1, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26 have been approved by consent with Commissioner Wiener abstaining from Agenda Item number five. Ms. Oliver: Great. Thank you very much. And I would like to thank all the applicants for coming down today who had a matter on the consent agenda and attending the hearing. All these items will be scheduled for hearing with the City Council to be announced. And so if you'd like to take this opportunity to leave before we start our hearings, you are welcome to do so. Thank you again for coming down. The next order of business will address the remaining matters on our agenda. And I would ask the city clerk to 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 shall only apply to the dwelling unit addressed as 521 Carolina Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As illustrated within the "Site Layout and Parking Plan" section of this report, four off-street, all-weather, hard surface, parking spaces are required and must always be available to the Short Term Rental occupants while renting the unit. 2 4. 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. 5. 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. 6. No events with more than the permitted number of people who may stay overnight(number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 7. 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. The 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the 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. 9. 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. To 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. 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. All 12. Accessory structures shall not be used or occupied as Short-Term Rental. 3 13. No signage shall be on-site, except one(1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. Short Term Rental shall have no more than two (2)rental contracts during any consecutive seven (7) day period. The 15. 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. 16. shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. There 17. 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. 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. 4 AA�M1 1 1 A 04I IiltC` I''' V Q _ olliii I ' -y} M 1 , � +1 IjI - ..�I ---- •a'' I ..r'- . J I. + 11`' II,I1 1''''I ' , iirill 1011,1101w • • r f L ,)1 V �. I'''I li'I . 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BRYAN [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 209 S. Birdneck Road (GPIN 24174284560000). COUNCIL DISTRICT— BEACH MEETING DATE: June 9, 2020 ■ Background: This request was scheduled for the March 17, 2020 City Council agenda; however, that meeting was cancelled. The applicant is requesting a Conditional Use Permit for Short Term Rental use for a single-family home located on South Birdneck Road. The subject 13,992 square-foot lot located within the R-10 Residential District. City records indicate the five bedroom dwelling was constructed in 2014. The maximum occupancy for guests on-site after 11:00 p.m. for a five-bedroom Short Term Rental is fifteen. The minimum number of parking spaces required for this use is one per bedroom, or five spaces in this instance. • Considerations: This subject parcel is located in the Seatack neighborhood and sits approximately 1.5 miles from the public beach of the Atlantic Ocean. The driveway serving the dwelling is wider than most and contains a single access point to and from South Birdneck Road, which has a 35 per hour speed limit at that section. Additionally, the driveway design is in keeping with the traditional vehicle pull-in/back-out approach. The proposed use necessitates five off-street parking spaces, to which the expanded driveway and single-car garage fulfill the requirement; thus, the Zoning Administrator found the submitted parking plan acceptable. Additionally, Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met by the applicant. Further details pertaining to the application, as well as Staffs 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 following conditions shall only apply to the dwelling unit addressed as 209 South Birdneck Road and the Short Term Rental use shall only occur in the principal structure. Kevin D. Bryan Page 2 of 4 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18- feet, contain a minimum 8-foot wide vehicle entryway opening, and always be accessible to the Short Term Rental tenants. 4. As illustrated within the "Site Layout and Parking Plan" section of this report, five off-street, all-weather, hard surface, parking spaces are required and must always be available to the Short Term Rental occupants. 5. 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. 6. No events with more than the permitted number of people who may stay overnight(number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the 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. Kevin D. Bryan Page 3 of 4 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12.Accessory structures shall not be used or occupied as Short Term Rental. 13.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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 STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Kevin D. Bryan Page 4 of 4 Submitting Department/Agency: Planning Department R' City Manager: Applicant and Owner: Kevin D. Bryan Agenda Item PublicCouncil Hearing:Election FebruaryDistrict:12Beach, 2020 �' City 19 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation �_L____ I ' ---"''� Approval 41Ir Staff Planner William Miller r--•,_ ,311111.1111111111 .e Location i 209 South Birdneck Road _ A GPIN 2417428456 Site Size 13,992 square feet i 4'1' / Existing Land Use and Zoning District Single-family dwelling/ R-10 Residential Surrounding Land Uses and Zoning Districts North — — Single-family dwellings/ R-10 Residential o`•> South " A. Single-family dwellings/ R-10 Residential . East , , „„ , .. South Birdneck Road t. Single-family dwellings/ R 7.5 Residential - - _ : ' ' West ± r � k; Single-family dwellings and undeveloped g •.` property/ R-10 Residential and I-1 Light y Industrial Kevin D. Bryan Agenda Item 19 Page 1 Background and Summary of Proposal Site Conditions and History • The site is a 13,992 square foot parcel located within the R-10 Residential District. • A total of one single-family dwelling is located on the lot. • According to City records,this dwelling was constructed in 2014. • 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 the 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: 5 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 15 • Number of parking spaces required (1 space per bedroom required): 5 • Number of parking spaces provided: 5 (4 in the driveway and 1 in the garage) Kevin D. Bryan Agenda Item 19 Page 2 S f3 2 R.7.5 a 11 R-t0 1 . Zoning History # Request 1 CUP(Golf Driving Range)Approved 01/29/87 `� CRZ(From R-10 to I-1)Approved 12/11/07 �' �� 4 �� CUP(Bulk Storage Yard)Approved 12/11/07 2 CRZ(From R-10 to I-1)Approved 10/24/06 MOD(Modification of CRZ)Approved 01/11/11 3 CUP(Church)Approved 04/22/03 p�pML OAw M• Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or FVR—Floodplain Variance Proffers 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 site is part of the Seatack neighborhood and is located approximately 1.5 miles from the public beach of the Atlantic Ocean. The driveway serving the dwelling is wider than most and contains a single access point from the 35-mile per hour speed limit section of S. Birdneck Road. Additionally,the driveway design is in keeping with the traditional vehicle pull-in/back-out approach. Although the proposed use necessitates five off-street parking spaces,the expanded driveway and single-car garage fulfill the requirement. Furthermore, Section 241.2 of the Zoning Ordinance regulating Short-Term Rentals can be reasonably met 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 209 South Birdneck Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and always be accessible to the Short Term Rental tenants. 4. As illustrated within the "Site Layout and Parking Plan" section of this report,five off-street, all-weather, hard surface, parking spaces are required and must always be available to the Short Term Rental occupants. 5. 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 Kevin D. Bryan Agenda Item 19 Page 3 Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events with more than the permitted number of people who may stay overnight (number of bedrooms times three)shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the 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. 9. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26,31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. Kevin D. Bryan Agenda Item 19 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 • The applicant has reported no meetings/contact with surrounding property owners or civic leagues. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 13, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 26, 2020, and February 2, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2020. • 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 February 6, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020 and May 31, 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 May 25, 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-counci I/Documents/BookmarkedAgenda.pdf on June 5, 2020. • No letters of support/opposition have been received by Staff relating to this request. Kevin D. Bryan Agenda Item 19 Page 5 Site Layout and Parking Plan RELOCATED BRUSH LINE Driveway P,ITap illk 9.42" Ni g 1'55O , 9'x18' parking PROPOSED 3—STORY Z' space N. DN. FRAME s u WELLING �s.46 owsiio, . r[. --4, (SLAB 9'x18' parking -1, 1 o space in garage 11 14.a0' EGlo \° r 15.itr 1 2 . �t .- 4. o • e. • :if Kevin D. Bryan Agenda Item 19 Page 6 Site Photos '3r - ■=■ •_ • -,1/4'...,.... . . ....'':'‘'4'''''---;-6-1--"---,---":1-7-i rovie 4 .„..... fi. a u :. j _.--'\- • s• F :.� - .v. es , a=' k sue++ Kevin D. Bryan Agenda Item 19 Page 7 Site Photos AP _______________T ________ _. { 3 ± 11 1* _ �_® .� a .,_ I MIS - a \ n '-- r i ' v y 411* r 1 ,‘;,:4 — "::- ,','— — `, 41.1.71711 —'-':i:'- 7 ; Kevin D. Bryan Agenda Item 19 Page 8 Disclosure Statement may. Virginia Beach APPLICANT'S NAME Q✓'�^ 3 ` 'C 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) _ f 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 t o(2)weeks prior to any Page 1 of 7 Plannin Commission and Cit.Council meetlau that pertains to the a .lication(s). APPIJCANT NOTIFIED OF HEARING DATE: et.i3 Er NO CHANGES AS OF _ DATE: 02•01.28 I REVISIONS SUBMITTED DATE: W:U MUt - •g.t*Ta Kevin D. Bryan Agenda Item 19 Page 9 Disclosure Statement Virginia Beach I TI 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 footnotest and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Ezi Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. n 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:__ If an LLC, list the member's names: Page 2 of 7 Kevin D. Bryan Agenda Item 19 Page 10 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 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 Oil) 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 Kevin D. Bryan Agenda Item 19 Page 11 Disclosure Statement 1k1B APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) n I _JI( Accounting and/or preparer of L your tax return El K Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed a a purchaser of the subject property L� (identify purchaser(s)and purchaser's service providers) ni Construction Contractors 0 i i Engineers/Surveyors/Agents Financing(include current ❑ 41 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nkr ! Legal Services Real Estate Brokers/ n [ 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 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 Kevin D. Bryan Agenda Item 19 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 A i plication. �7 ! _ ', — Ce D t/,el /;c,J i/igll`1 APPLICANTS SIGNATURE _ J PRINT NAME DATE Page 5 of 7 Kevin D. Bryan 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. Kevin D. Bryan Agenda Item 19 Page 14 Item#19 Kevin D. Bryan Conditional Use Permit(Short Term Rental) 209 S. Birdneck Road February 12,2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Okay, is there any opposition this being placed on the consent agenda? Thank you, Madam Chair there are many items on the consent agenda are for short term rental. The planning commission places the following applications for conditional use permit for short term rental on the consent agendas. These applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications therefore there's no opposition to the request and these are items number 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25. That being said, I move for approval on the consent. I am sorry 25 is deferral, thank you. Okay. That being said, I move for approval on a consent agenda items, One, five and six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26. Ms. Oliver: Yes. Mr. Inman: I need a make a disclosure that at least one item on the consent agenda shows financing by Town Bank. I serve on the advisory board for Virginia Beach Town Bank, in that capacity I don't make any decisions on loans or merely an advisory position. So I will be voting on these matters. Ms. Wilson: Those items are 10, 11, 12 and 18. Ms. Oliver: Yes. Mr. Graham: Madam Chair, I too need to disclose that I am on a board of Town Bank of the same items and I will be voting today. Ms. Oliver: Great, yes. Mr. Weiner: Madam Chair. I need to abstain the item number five Spence Crossing at the corner of Princess Anne Road Independence Boulevard, the developer is my client. Ms. Oliver: Anyone else? Okay. Make a motion. Mr. Weiner: I made a motion already. Ms. Oliver: Do I have a second? 1 Mr. Graham: I second. Ms. Oliver: Okay. Thank you. Ms. Sandloop: The vote is open. By the recorded vote of 9-0, agenda items 1,5,6,7,8,9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26 have been approved by consent with Commissioner Wiener abstaining from Agenda Item number five. Ms. Oliver: Great. Thank you very much. And I would like to thank all the applicants for coming down today who had a matter on the consent agenda, and attending the hearing. All these items will be scheduled for hearing with the City Council to be announced. And so if you'd like to take this opportunity to leave before we start our hearings, you are welcome to do so. Thank you again for coming down. The next order of business will address the remaining matters on our agenda. And I would ask the city clerk to 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 shall only apply to the dwelling unit addressed as 209 South Birdneck Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and always be accessible to the Short Term Rental tenants. 4. As illustrated within the "Site Layout and Parking Plan" section of this report, five off-street, all-weather, hard surface, parking spaces are required and must always be available to the Short Term Rental occupants. 2 5. 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. 6. No events with more than the permitted number of people who may stay overnight(number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the 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. 9. 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. To 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. 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. All 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one(1), four(4) square foot sign,may be posted on the building which identifies the Short Term Rental. 3 15. 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. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. 4 1 I I I LI I I L i ' .! • .J: k- Stre.., . .'1 ....------„,----.---4L „L.., 411.44*- 411 , 'l-- ‘-142.,. -,„_ • ,,...:, . s ____ , ./---. SP,...„e,_, / - _ )Lenseni:Driv -_-_- —_-_- ioi - .. . ..• \ 1111W1r An f 1 a ,..: ... %...., -- 2.211 .. ,. III , .,. .... , 4. 4461 - : .'. ...- efr_esir_k/elDrilv __ IP4 IIIIIII . \''''. 4 t •- 8N • . ,, , 1 , " , ) 11-17-1 ••-r Air I I I 111I I I d 1 rr/- 1 . la __5e . .alit 1st r MP ra,,)„:Ak . 1 II i 1',,_,_4 1 dNi..i.,661411.01. II ti • \\r," 1 . , , , , .41,..,,, , , ,, , ,,__ 1 , _ k-L4-i-bii...i'_04 Peer ree i r1V". '::: 'limit --- f -'-r- . ' I I III TITT1-1 1 I 111 _ iiiii , 1 \oi STATUS 0 Approved ' ` • Denied '-' Q Under Review °I 11-11— er - --1 0 Registered • I / i--) w \\\\\ ,,\:\ \ , with A/ /r ry r 1 �� Lim 1� N • in ` l N } , � _ I O tisti 1 tiFi = 0 \. _,. \ -. C- _, =�enu• N \ \ re%_._!_,__ ---------- _____., _______„_ ,: ------ ! \\ iiii.\ --- . dr m, t l ri C 0-----0 %.* ".'1,t . - - __a:4 4.0 1111.111....C) 00110111115.1111 411 '\ \ Cn cv C3 11,'0• :* N, 7:6\ _________ - __-------------------- L ��'! 1111111 LL. ..e. Will 11 illitishil c� 1..... ---0---- •0 C::::3 tit _.,,, 3 vii 11"1047111-11'1-------iii -c 040, 6 .\.----eilosx11.011111 iii lip o c) 41-1 Ogg Igor e- Vat 00 �eT1 -II. ___ ►�� 40 _- gal r= — t� 1tt ik ` N Q IS CP 11 1.01... Or. 1 N • J C71 CI) CO C C 0 CR' t= CO = N Cp 011441 fC i iu _' is �.__ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JOSHUA J. COE, TRUSTEE [Applicant] JOSHUA & KIMBERLY COE JOINT REVOCABLE LIVING TRUST [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 407 18th Street, Unit D (GPIN 24270763310004). COUNCIL DISTRICT— BEACH MEETING DATE: June 9, 2020 ■ Background: This request was scheduled for the March 17, 2020 City Council agenda; however, that meeting was cancelled. The applicant is requesting a Conditional Use Permit for a Short Term Rental for one unit within a four unit building located in the OR Oceanfront Resort Form-Based Code District. City records indicate that the multi- family dwelling was constructed in 2008. The subject unit contains four bedrooms. The maximum occupancy for guests on-site after 11:00 p.m. is three persons per bedroom, or 12 persons in this case. All required off-street parking is provided on- site; two spaces within a garage and two spaces on the driveway directly east of the building. • Considerations: This subject site is located in the ViBe Creative District, an area near the Oceanfront that encourages a mix of creative uses and mixed dwelling types. The site is also four blocks from the public beaches of the Atlantic Ocean and other entertainment and tourist based attractions. The unit is located on a lot containing three other dwelling units. The subject unit shares a driveway with Unit A at the front of the site. Because the shared driveway cannot block access to unit, each unit has a two-car garage. The subject unit is located to the rear of the property and can accommodate two stacked off-street parking spaces. The Zoning Administrator has reviewed the proposed use of the two-car garage and two stacked parking spaces at the rear of the driveway and found this acceptable. Additionally, the proposed Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP), which 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 that limits the number of guest and temporary passes available while the Conditional Use Permit is active. Three letters of support have been received from the other three units on the property. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this request. Joshua J. Coe, Trustee 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 garage must remain accessible to the Short Term Rental tenants to provide for 2 parking spaces. 2. The following conditions shall only apply to the dwelling unit addressed as 407 18th Street Unit D and the Short Term Rental use shall only occur in the principal structure. 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. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 5. 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. 6. No events with more than the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the 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. Joshua J. Coe, Trustee Page 3 of 4 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. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. Joshua J. Coe, Trustee Page 4 of 4 ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. `� Submitting Department/Agency: Planning Department City Manager: [__ Applicant: Joshua J. Coe, TrusteeNIB Agenda Item Property Owner:Joshua & Kimberly Coe Joint Revocable Living Trust Public Hearing: February 12, 2020 20 Virginia Beach City Council Election District: Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval - — 00 golliiiiiimp Staff Planner 1111 Summer Peebles ilile.....' we Location i WI ,rrr 407 18th Street, Unit D GPIN ,....'"*" 24270763310004 r1. Site Size 11,124 square feet Op 0011 211111110. "- Existing Land Use and Zoning District Multi-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North - ti.A 27th Street v. ,� s ,: ,+ V it Multi-family dwellings/OR Oceanfront Resort '�` �=4` � ,,'`�, iri.� South ,Y , t, , 18th Street N Ir 0 , .,� - , 4 ',:, Commercial towing company/OR Oceanfront , r � `` '- R �` Resort y ' �E �., �, --,--1 `` � East p +t'� - k i og Commercial retail/OR Oceanfront Resort t ' , - West ` . .�* 4 1"- .�' ;, Duplex/OR Oceanfront Resort r t ' ,� .- •' 'CT • y a ,- -- itie. .:...",tr,"" 11! - Joshua J. Coe,Trustee Agenda Item 20 Page 1 Background and Summary of Proposal Site Conditions and History • This parcel is 11,124 square feet and zoned OR Oceanfront Resort. • The site was developed as a multi-family dwelling with 4 units in 2008. • No past violations and City Council actions. Summary of Proposal • The applicant submitted a Short Term Rental Conditional Use Permit request for 407 18th Street, Unit D 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, with 2 provided in the garage \oR \\, o ',--.-i \. \----\\ ,.. 2 D. r \--\ �6., Oh s .� Zoning History # Request �j%�'� =°_____\ 1 CUP(Automobile Museum)Approved 12/07/10 \� � 2 CUP(Commercial Parking Lot)Approved 11/25/1985 OR y1' ..------- \ \ OR t-----7----071-0 \ \ 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 SIR Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Joshua J. Coe, Trustee Agenda Item 20 Page 2 Evaluation and Recommendation This site is located in the ViBe Creative District and is located approximately .3 miles from the public beach of the Atlantic Ocean. This unit is located on a lot with a multi-family dwelling with three other units.Two units each share two access driveway. Unit A and Unit D share an access driveway. Since the driveway is shared Unit A cannot block access to Unit D. Unit D is located to the rear of the property and can accommodate two stacked off-street parking spaces. The Zoning Administrator has approved the use of the two-car garage for two off-street parking spaces and two stacked parking spaces to the rear of the driveway. Thus, the requirements of Section 241.2 of the Zoning Ordinance regulating Short-Term Rentals can be reasonably met by the applicant; however, 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. Three letters of support have been received from the other three units on the property. Base on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The garage must remain accessible to the Short Term Rental tenants to provide for 2 parking spaces. 2. The following conditions shall only apply to the dwelling unit addressed as 407 18th Street, Unit D and the Short Term Rental use shall only occur in the principal structure. 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. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 5. 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. 6. No events with more than the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Department of Planning and Joshua J. Coe,Trustee Agenda Item 20 Paee 3 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. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. 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 J. Coe,Trustee Agenda Item 20 Page 4 Public Outreach Information Planning Commission • The applicant met with the Condo Association on December 13, 2019 to discuss the details of the request. According to the applicant, the remaining three owners approved of the use. • The applicant reported that they met with the surrounding property owners, and no objections were raised. 3 letters of support have been received by Staff from the remaining three property owners. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 13, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 26, 2020, and February 2, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2020. • 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 February 6, 2020. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020 and May 31, 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 May 25, 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 June 5, 2020. • 3 letters of support have been received by Staff. Joshua J. Coe,Trustee Agenda Item 20 Page 5 Site Layout and Parking Plan r 1 `..i •., 'el 4 Li v i'v ,, ,,•., g v.t::,v ii •-C i.44 4 1 4 i 41, 2...c.., "s-, 4: Alley LA f)4:C:0••V' , 1, ii LI , :•,;0,,ki . . ,.‹-....N 1.9 4,,‘ a L.!! zfiwir.i.-......_,2M..-.1.1 ei V tt q 1" , ., , , k -0!•--7?"viva f at-e,..1 / 1?. ',Wit 1 t AT 1 .-1 i ,z,4/71,---' .1, •"AO N., „...././ %/ -014,• . \' "Ik- - •- q 9,-)' '61 C ? . . .„ . II ' / ' ropos4 \, ,•rye-JR 17, ,,E.,,,../.:.;i .011 Owl /' ro'. Unit SIR f j. , Existing Unit D . ( ; • KT-' - '. - ,..,, , gi, 1 ; # 111 , . Multi-family ... I I II I,1 1 n . i•tifreit . jij Ie..; Units PE 71,...":".V- ittry i....1.1 ' 2 .1 tit 0 ) ....-f,•,.iiii,j. FA71 • - .4?' • - - . ifil II 9/T Ida weer tot 1 tiir la4, .1 - ..i4'•:,t,.1%-. 1 ,' : ,v i '. Uni r • •,.('(:<. 'i 4'14, .., z ....w_e.te i t )411114 I SUe.) I .• it,,,j!, _ --..,-•* . .,r AO. :..•..e... (NV 1.• ), ar': risVC4.31:4.7,.. /-"ilk,/ •./ ,,J • B . ,.././. ...,x, 7 1/..*.5) .t 1 1 - •• - f', •I.7 A i •7•i t - ------ : .1.k.014;''''')_. 07.4,..1 i.44...::4‹:.%1 ,.60 7 17 i r, ' 1 .."'": . i.. .1- • ...t. .,"• 0,„ 11- ; Unit . .. •. ,..., /2' . ri s •ott f("0.1 e- I • I.1.J r,Te % . . . t 1 i111 is - • -,- - - - t, -, .--_- , :.:::1 / 1• 11 11 J 1 ' , ='• .::`.1 .•,'.,•••• iili/1. . , ,, .. . , ' • • ., ••1 - /i• ..i)i Ff 1.1.-F I i , i.•.•.-.•, i 011'540 „ I • < -, 4,...9., • - t.v t - •-- • 1 I • , ----- .. , ..0 ) $ 16'1.5.1.5* 4' 60.00. . ._. . -- -- -- - , . 21:100. :0 P.1 t PO 10; 4.:,/ I T. l, Amcric mit•••I t I.It In • • ..01 .• • itq r ' •• irt 18th Street ... . , •l e r, I.. NW R/IV) ,'ti :7. ,1 .-' G. '..I 1 Joshua J. Coe,Trustee Agenda Item 20 Page 6 Site Photos _ ii i]i II r 11 : n� IiIIiI 1111!!!!illll"191 ►y.. �. os' • Y a 14111 yam r ., . \' I -(I ?P.r.-L*k. • r . 'rill iii l� -1 i�►13l1lfl: w _, o �V IIII A 0111$ $ / ti n• t v / . x Joshua J. Coe, Trustee Agenda Item 20 Page 7 Disclosure Statement 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 disclosuicl. L ,tained 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 rCITY iisE :='S Page 1 of 7 APPLICANT NOT'n W OF _ a/I )j/ Ilo I o -o�iSc wu��II� /IC - DaTF ��/ 5 , �K T[ I REVISIONS SUBMIT eS Joshua J. Coe, Trustee Agenda Item 20 Page 8 Disclosure Statement 3 I 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:Joshua and Kimberly Coe Joint vo«,.l It 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. f (A) List the Property Owner's name:Joshua& Kimberly Coe Joint Re%Oco'k ti'u lru,{ If an LLC, list the member's names: Page 2 of 7 Joshua J. Coe, Trustee Agenda Item 20 Pane 9 Disclosure Statement X -7-..17 ..„..,, A 3 ... 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) 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 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 (fii) 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 Joshua J. Coe,Trustee Agenda Item 20 Page 10 Disclosure Statement ..,,,_ ., T APPLICANT YES NO SERVICE PROVIDER(use additional sheets if needed) C ❑ Accounting and/or preparer of PBaCes,Brock,Cornwell&Painter, your tax return ri n Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than n n the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed n I� purchaser of the subject property �/�� (identify purchaser(s)and purchaser's service providers) X Construction Contractors XEngineers/Surveyors/Agents Financing(include current r I /�X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) a ❑ Legal Services Joshua J.Coe,Esq.;East Coast Trial —_--- Lawyers.PLC--___-- Real Estate Brokers/ ❑ IX Agents/Realtors for current and anticipated future sales of the subject property _ _ T SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have I>< 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 Joshua J. Coe, Trustee Agenda Item 20 Page 11 Disclosure Statement 10 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 //.� "� y PA S SIGNATURE PRINT NAME / DATE /I Page 5 of 7 Joshua J. Coe, Trustee Agenda Item 20 Page 12 Disclosure Statement OWNER YES NO SERVICE _ I PROVIDER (use additional sheets if needed) riI I Accounting and/or preparer of Barnes,Brock,Cornwell&Painter I I your tax return ^I Architect/Landscape Architect/ Land Planner — -- Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) XI F Construction Contractors Inn Engineers/Surveyors/Agents Financing (include current mortgage holders and lenders ICI selected or being considered to provide financing for acquisition or construction of the property) X In Legal Services Joshua J.Coe,Esq;East Coast Trial J awvarc Pi r Real Estate Brokers / xl 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 E 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 Joshua J. Coe, Trustee Agenda Item 20 Page 13 Disclosure Statement 'NB 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 DATE Page 7 of 7 Joshua J. Coe,Trustee 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. Joshua J. Coe, Trustee Agenda Item 20 Pane 15 Item#20 Joshua J. Coe, Trustee Conditional Use Permit (Short Term Rental) 407 18th Street Unit D February 12,2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Okay, is there any opposition this being placed on the consent agenda? Thank you, Madam Chair there are many items on the consent agenda are for short term rental. The planning commission places the following applications for conditional use permit for short term rental on the consent agendas. These applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications therefore there's no opposition to the request and these are items number 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25. That being said, I move for approval on the consent. I am sorry 25 is deferral, thank you. Okay. That being said, I move for approval on a consent agenda items, One, five and six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26. Ms. Oliver: Yes. Mr. Inman: I need a make a disclosure that at least one item on the consent agenda shows financing by Town Bank. I serve on the advisory board for Virginia Beach Town Bank, in that capacity I don't make any decisions on loans or merely an advisory position. So I will be voting on these matters. Ms. Wilson: Those items are 10, 11, 12 and 18. Ms. Oliver: Yes. Mr. Graham: Madam Chair, I too need to disclose that I am on a board of Town Bank of the same items and I will be voting today. Ms. Oliver: Great, yes. Mr. Weiner: Madam Chair. I need to abstain the item number five Spence Crossing at the corner of Princess Anne Road Independence Boulevard, the developer is my client. Ms. Oliver: Anyone else? Okay. Make a motion. Mr. Weiner: I made a motion already. Ms. Oliver: Do I have a second? 1 Mr. Graham: I second. Ms. Oliver: Okay. Thank you. Ms. Sandloop:The vote is open. By the recorded vote of 9-0, agenda items one, five, six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26 have been approved by consent with Commissioner Wiener abstaining from Agenda Item number five. Ms. Oliver: Great. Thank you very much. And I would like to thank all the applicants for coming down today who had a matter of them on the consent agenda, and attending the hearing. All these items will be scheduled for hearing with the City Council to be.announced. And so if you'd like to take this opportunity to leave before we start our hearings, you are welcome to do so. Thank you again for coming down. The next order of business will address the remaining matters on our agenda. And I would ask the city clerk to 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 garage must remain accessible to the Short Term Rental tenants to provide for 2 parking spaces. 2. The following conditions shall only apply to the dwelling unit addressed as 407 18th Street, Unit D and the Short Term Rental use shall only occur in the principal structure. 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. 2 4. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 5. 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. 6. No events with more than the permitted number of people who may stay overnight(number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the 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. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one(1), four(4) square foot sign,may be posted on the building which identifies the Short Term Rental. 3 14. The Short Term Rental shall have no more than two (2)rental contracts during any consecutive seven(7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. 4 SUPPORT/OPPOSITION MAP JOSHUA J. COE, TRUSTEE - 407 18TH STREET UNIT D OR _ , OR __ -- lgth street "�-- - 1 �-� Roo , per" lel \ \ 'CO 0 CO OD 043 \ Il \ 01 �,rr \\ \\Q i CO \P .. e 9.1 G Oil -------- C9 \ tArt ORS • , .ti% \ R 1 SO Street 1 c-- \ OR,------9R \ \ ', ,-\ _------'----A Subject property Support (3) Opposition (0) .. ii,\.-,- _______--- \t-, -,A__, . . ___&.s_ten-t_t, _______— ..'I K - tAt--- V- ---- ' Y-- ~' 1�Jay ....A\1\ii .---- \ \ -1,__) I',\ ---- , - 4 ___ - A tit ti\ '�1 � '► .•• 0ti ` \ \\O., \ ii'. c----\ ii,,, k ic. \ . , \\ • '-i,t1.1 / l 1 1 � I.. \••••' '. \L.„.„ "g7 ' 2 \ 1 \ , , ...--- /---.,----------. i .. \ \ _ _ _„1-- ___okiir----Nip, V \ t .1._ 4 . \ \ cr..\,,i 1II dr-i \,I \ \ r � II ti '{ •,. V,II 'III - L r_ 'crst �' ��110.011- 5}71 I 1 _ \ \ __- _ ___---- .\ las L{00 __J- it* \ I\ IIIII 70-01`0,, • I. \ i Vi \ „, .,,, „_____.% , , 0, ii „. , vii, L__ , . v______...,,:li, i , ,___„:„__-______ . .......,,.. :, , , --ma- a 1 �` � Wi' 11101.01 5'� �itio 6 1 �� Icriolle, V -it_ ' - _r �` I 3ties ' � � _C.P, 7.1 Will ' U1'� r iii W. ' \ mma �' _ _ �I� __ i y II �'' l 1.0 ir . -:.:4.-S111111111 (1.)-.\ rir0111PIPA 't \II\\ 11111111....00 ' ),. .i.i\ 521 --•••• %'.. "7'''''', . ---- I I I 1 r - i ,309 ---\.\ ji•,h 51 I* � 1y 1 1trr , III 1yyyllltom..`�ti � 1 k �= • Lt ti f �+' . ':.�y4+ ''� 'ti \\ . --,- -'\- -''. \\11 p ``_ -- \ I,1 :., \ \ \ \* .410.\\ 1 4\\, 0 CO sn_ a) c cu by --------Vi I--- , \ \ \ WI W.—.- — L I\ 1.5 0 • 00A ,yl 11'1 S ' y-�y'S l r I. I'.. / I. Ii1 It VI 'iS 5 4 I 5 5't 14 t • t, \ k „ . ,@ ,t Lr c, i \ I I •4--- 1- , 4 . 1 "s-1 ___------ ------ 1 I C) I C) , \ \ aro , 0 a) \ ---1: , lc - I a . \ rl \. --'--- k i i \ \ , k OH F\j) ---- '___-- ' I ------ a :; 0 - . 011\ 0 —_-___ ___--- . \ lit __ .... o % „ . , \---- _. co c •-• •.... 41) 0 u... 1— s.... 40 .0 i '. 4... 11 _._________ (r) W\ttiN • VI-1-4N, \ , ', " (0 0 tot Ce • = .0 0. .4 . 0 a _.---------- .„ „,„,,, NI 0=C° 1%.'" 4.: 1.-- • a:n , 0 . ----- . \ N ---- Ce ci , 0 0 , \ \ 1 __ - __,------ , . . . , * 0.) . V) . .4(. . .. olk , cu . Ili ,_:__ \ \, .c a ------- _ ------ ...J. . \ \ ------ e,a‘tic Pkv""e u o co -5 cr) NI a. CD _.... ---:-r- c_ .,_. ----- 0 1 :, . ,� x'f4"*V�y ` i}( Si , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHRISTOPHER TAING [Applicant] THENG TAING [OWNER] Conditional Use Permit (Short Term Rental) for the property located at 417 20T" Street (GPIN 2427084010). COUNCIL DISTRICT— BEACH MEETING DATE: June 9, 2020 ■ Background: This request was scheduled for the March 17, 2020 City Council agenda; however, that meeting was cancelled. The applicant is requesting a Conditional Use Permit for a Short Term Rental use on this 6,500 square-foot lot located within the OR Oceanfront Resort District. City records indicate the dwelling has 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 instance. • Considerations: This subject parcel is located in the Central Beach District of the Resort Strategic Growth Area. In accordance with the Oceanfront Form-Based Code, all vehicular access is proposed from the alley. The property owner intends to install a new parking area with access from the alley. The proposed six space parking area will be shared with the duplex at 421 20th Street, which also have pending Short Term Rental uses. Both properties are under common ownership and the Zoning Administrator has found the submitted parking plan acceptable. Additionally, Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met by the applicant. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this request and one letter 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 following conditions shall only apply to the dwelling unit addressed as 417 20th Street and the Short Term Rental use shall only occur in the principal structure. Christopher Taing Page 2 of 3 2. The applicant/owner shall complete the necessary improvements and obtain a driveway permit to access the property from the alley (20th '/2 Street). All vehicular ingress/egress and parking shall be from the alley. In addition, should the ownership of 417 20th Street and 421 20th Street change, the property owner of 421 20th Street shall install vehicular access from the alley and the minimum number of parking spaces required for the duplex and Short Term Rental. 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 4. 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. 5. 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. 6. No events with more than the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the 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. Christopher Taing Page 3 of 3 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.AII refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rental. 13.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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 STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ro City Manager: 7-114/— Applicant: Christopher Taing Agenda Item Property Owner: Theng Taing Public Hearing: February 12, 2020 21 ,„,,, City Council Election District: Beach Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation / tL, `�� , Approval F �': • 11 Staff Planner '��' Hoa N. Dao , � f in \ Location 1000011.0.11.111 0 —!ati 417 20th Street 1. �� .Moral PP GPIN 011111111110110 ro.1111 2427084010 L1 s�1Site Size 111.� 6,500 square feet O % .* • SAS 1 „NI i Existing Land Use and Zoning District > \ ipp�� ` ,,. 1 Single-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 20th%2 Street (alley) Condominium, hotel/OR Oceanfront Resort South 20th Street Ili- - Undeveloped Land/OR Oceanfront Resort tom. . East Duplex/OR Oceanfront Resort #� �: i West Single-family dwelling/OR Oceanfront Resort _' - k r 1 Christopher Taing Agenda Item 21 Page 1 Background and Summary of Proposal Site Conditions and History • The property is a 6,500 square foot lot zoned OR Oceanfront Resort District. • The Short Term Rental will occupy the two-bedroom single-family dwelling that was constructed in 1964. • There are no zoning 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 417 20th Street.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: 6, 2 for this unit as required and 4 for Agenda Items 22 and 23* *The property owner also owns the adjacent lot,421 20th Street, and proposes to install the required four parking spaces associated with those Short Term Rentals (Agenda Items 22 and 23) on this lot in order to satisfy the parking requirement.This property will have a total of six parking spaces, all accessed via the existing alley. 3.'_— )y t , 92R v.. -`': oR. . _ Zoning History OOR , 1R `._ 1 ✓ # Request 6 i 2 2 tse°`( `` 1 ALT Approved 04/19/2017 _ , y 2 _ALT Approved 04/19/2017 f, r- �r--.1 OR OR 3 SVR(Section 4.4(b))Approved 09/07/2016 4 ALT Approved 06/13/2016 '''',`, \' 7"— — V 5 ALT Approved 06/13/2016 6 ALT Approved 09/16/2014 OR �1' OR 7 SVR(Section 4.1(m)(1))Approved 10/08/2013 I, A, oR \ 8 ALT Approved 05/14/2013 CAI, °R 9 CUP(Open Air Marker)Withdrawn 05/08/2013 • yl• 1 �• , �an.1 MOD(Commercial Parking)Approved 11/09/2010 ' ! -' '�` -"�� °R CUP(Commercial Parking)Approved 03/10/2009 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 Christopher Taing Agenda Item 21 Page 2 Evaluation and Recommendation The property is located within the Central Beach District of the Resort Strategic Growth Area where mixed-use entertainment for residents and visitors year-round is envisioned. This portion of 20th Street is located across the street from the future Dome Site (Atlantic Park)and there is a Capital Improvement Project (CIP 9050000)for street and streetscape improvements, and on-street metered parking. In accordance with Section 6.1.2 of the Oceanfront Form-Based Code, all vehicular access is proposed from the alley. As parking is discouraged between the building and public right-of-way, the property owner has opted to install a new parking area with access from the alley. The proposed six space parking area will be shared with the duplex at 421 20th Street, which are Agenda Items 22 and 23 also for Short Term Rental uses. Both properties,417 and 421 20th Street are under common ownership. The Zoning Administrator has reviewed the parking plan and approved the concept. A condition is recommended to ensure adequate parking and access remain available for each property should ownership of the property change. Condition 2 requires that if the property ownership changes,that each site have an individual access from the alley and the minimum number of parking spaces be installed. 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. 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 417 20th Street and the Short Term Rental use shall only occur in the principal structure. 2. The applicant/owner shall complete the necessary improvements and obtain a driveway permit to access the property from the alley (20th Y:Street). All vehicular ingress/egress and parking shall be from the alley. In addition, should the ownership of 417 20th Street and 421 20th Street change,the property owner of 421 20th Street shall install vehicular access from the alley and the minimum number of parking spaces required for the duplex and Short Term Rental. 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 4. 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. 5. 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. 6. No events with more than the permitted number of people who may stay overnight (number of bedrooms times three)shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). Christopher Taing Agenda Item 21 Page 3 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the 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. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one (1), four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. 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. Christopher Taing Agenda Item 21 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 • One letter of support has been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 13, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 26, 2020, and February 2, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2020. • 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 February 6, 2020. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020 and May 31, 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 May 25, 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 June 5, 2020. Christopher Taing Agenda Item 21 Page 5 Site Layout and Parking Plan 20' ALLEY IN 8.1,' PROPOSED IN PAVED { cn PARKING l 131zco A) Tri ,, i N za oz 1 mz Y� pG i� V icilpig • p0 5 C. o I • -,1 r 0 N z W Q O o wR 4.81 C Cc 4 /-f�1� a •Oj 46.4' i• .. wrl11� it . - `: W �1S/ • o 4 • W �••~ WI m x $7` ONE 375TORYAm :� STUC+ LI CO2.7' .. • a 1 • 190' TO :,"..:'' .: o BALTIC AVE.x:.' '_ in, --1 •F , '• ' : ,...i•;'W;,. a — OF DITCH Christopher Taing Agenda Item 21 Page 6 Site Photos '''' ," 'I..'.621.-Akilik-,,, / --`-'7.... .., , i .„._ , , • klio, . ...,Ausr:;(4:1:tk: F....;4111°:0000:' _--. .,,,., lilt* i'l *lei. )..,4k._‘. ,i tior,00,--Agg", - , . ' , ' ,ft , , ` 0 II< ! 1 K a.,. °° '• , ODIUM '" - i .-14-4 F A -. ^dam Y-k-,, _ . 4 • .4L,. ,0y j. \ - ::,--1,-`--'C ...7.4 - irsy,-)„,e-, ‘,.;,- ,..t.--- "' V", 1" Y il, : s, J#It`• Wiz, $ < s j 0 f ' iv * .ya . - R` • At � �= .► -s v« -- �. � - ,�, - # ""'K Christopher Taing Agenda Item 21 Page 7 Site Photos \'‘ 's„ d � %i , ,„ „,... „,.,,,,„ , , ..„,,,,,, ..,11 NE - /':,. ***°#.*** \\ ,,,\,,,,, '1 k \ 1'�,,v O� Ail / \\\ ..' • t 14 Is‘''4)\X,<*'''H, �. �, j ii . /` ,a te:= ---------: \` . \ '-' i t �`; 6: a`� r01 :' '.-- - `! 1'11!14,•..,!t —Ell 1 eif10_ t; 'E, , - is,-,,F,,,:, ;,...11 „-.i falr , - rli i - 7 s, yi' CY � _ + ,`I'_ i Y t x a NY ' - :,--, -4 ' r ... ,,,, , f e("I" a • I ,A A e.4411:641 * PAP,:r? it ' r= '' � : 441 I- 0 1 �g i • ��'aW ,�t ,„ '•i H 'd% /i - i� '^ -roi , 01p "7`� rill-ar- 1Dr 1 ,-< /.. O '!i ! Apr I s , • mialo ►tea q �� i 1 1 Christopher Taing Agenda Item 21 Page 8 Disclosure Statement -� Virginia Beach APPLICANT'S NAME 6)46 ;:",-,c 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 i 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.•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 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 Plannim Commission and Cit.'Council meeting that:enains to the a lication s). ❑ APPLICANT NOTIFIED OF HEARING DATE: {]E _ NO CHANGES AS OF DATE: J/4/,Zo li REVISIONS SUBMITTED DATE: Christopher Taing Agenda Item 21 Page 9 Disclosure Statement • Virginia Beach - h Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. u 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. IZ Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. 111 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: write n ___ If an LLC, list the member's names: Page 2 of 7 Christopher Taing Agenda Item 21 Page 10 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 (lip 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 Christopher Taing Agenda Item 21 Page 11 Disclosure Statement and APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) Ei Accounting and/or preparer of Shaffer Accounting your tax return - _ (540)775-3278 [J ® Architect/Landscape Architect/ RRJJ Land Planner Contract Purchaser(if other than E the Aaalicant)-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 ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) C ® 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 El ® 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 Christopher Taing Agenda Item 21 Page 12 Disclosure Statement Ifi3 Virginia Etraii CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. 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 lication. U/ lq APPLICANT'S SIGNATURE PRINT NAME D TP Page 5 of 7 Christopher Taing Agenda Item 21 Page 13 Disclosure Statement OWNER vagina Beach YES NO SERVICE PROVIDER(use additional sheets if [- -----___---needed) ® ❑ Accounting and/or preparer of Shaffer Accounting your tax return (540)775-3276 ❑ ® Architect/Landscape Architect/ Land Planner Contract Purchaser(If other than El 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 _ 'I ❑ ® Engineers/Surveyors/Agents Financing(include current S N S c riq Z ❑ mortgage holders and lenders O selected or being considered to e6 ripe) 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 C ® 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 6 of 7 Christopher Taing Agenda Item 21 Page 14 Disclosure Statement aov Virginia Belch CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. understand that, upon receipt of notification that the application has been i 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 OWN SSIGNA ---- PRINNT/A ��M .. .__ _._ D TE Page 7 of 7 Christopher Taing Agenda Item 21 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. Christopher Taing Agenda Item 21 Page 16 Item#21 Christopher Taing Conditional Use Permit (Short Term Rental) 417 20th Street February 12, 2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Okay,is there any opposition this being placed on the consent agenda? Thank you, Madam Chair there are many items on the consent agenda are for Short Term Rental. The Planning Commission places the following applications for Conditional Use Permits for Short Term Rentals on the consent agendas. These applications meet the applicable requirements for Section 241.2 of the Zoning Ordinance. Staff supports the applications and there's no opposition to the request and these are items number 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21,22, 23, 24 and 25. That being said, I move for approval on the consent. I am sorry 25 is deferral, thank you. Okay. That being said, I move for approval on a consent agenda items, One, five and six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26. Ms. Oliver: Yes. Mr. Inman: I need a make a disclosure that at least one item on the consent agenda shows financing by Town Bank. I serve on the advisory board for Virginia Beach Town Bank, in that capacity I don't make any decisions on loans or merely an advisory position. So, I will be voting on these matters. Ms. Wilson: Those items are 10, 11, 12 and 18. Ms. Oliver: Yes. Mr. Graham: Madam Chair, I too need to disclose that I am on a board of Town Bank of the same items and I will be voting today. Ms. Oliver: Great, yes. Mr. Weiner: Madam Chair. I need to abstain the item number five Spence Crossing at the corner of Princess Anne Road Independence Boulevard, the developer is my client. Ms. Oliver: Anyone else? Okay. Make a motion. Mr. Weiner: I made a motion already. 1 Ms. Oliver: Do I have a second? Mr. Graham: I second. Ms. Oliver: Okay. Thank you. Ms. Sandloop:The vote is open. By the recorded vote of 9-0, agenda items one, five, six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26 have been approved by consent with Commissioner Wiener abstaining from Agenda Item number five. Ms. Oliver: Great. Thank you very much. And I would like to thank all the applicants for coming down today who had a matter of them on the consent agenda, and attending the hearing. All these items will be scheduled for hearing with the City Council to be announced. And so if you'd like to take this opportunity to leave before we start our hearings, you are welcome to do so. Thank you again for coming down. The next order of business will address the remaining matters on our agenda. And I would ask the clerk to 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 shall only apply to the dwelling unit addressed as 421 20th Street, Units Al & B2 and the Short Term Rental use shall only occur in the principal structure. 2. The applicant/owner shall complete the necessary improvements and obtain a driveway permit to access the property from the alley (20th %2 Street). All vehicular ingress/egress and parking shall be from the alley. In addition, should the ownership of 417 20th Street and 421 20th Street change, the property owner of 421 20th Street shall install vehicular access from the alley and the minimum number of parking spaces required for the duplex and Short Term Rental. 2 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 4. 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. 5. 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. 6. No events with more than the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1(8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the 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. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 3 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one(1), four(4) square foot sign,may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2)rental contracts during any consecutive seven(7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. 4 \ lam_ o l\____________________-- , o_ PK- ArctW in 1 ) sol o w � N Q CC _.... v___ coP,,ca f Q L/') ` Q N O Z 0 t ` _ _ I— ‘—I 0 4( O I C9 a ________ % .1: .,..'' 111111111111. i-lr:-t'l ~ -- illov,c:"---- 'ill \ _ _-- O Q _- - I— u_e_.-------- - 1— cc c:zz: 1 ...... . , 0_, rt'i_icA�e0 c3 ',,, ,,,: rill\ ..la 0 cif _ - 1 ' �.cc I-U -in }r_ _ __1., / ' '''..--------1.-.10-.''''-------i-%.c D v) - O°0 \ \ f_a____---,----- 0 2 0 ---\ -WI 4'' * U y � rt _ �- N C3--c?3 t % _____- _____ , - ,____i__ _..\----‘ ,____-- -- ___---iv .a _____.-----\-- ... 4( . --0 ___, G-r-J1111 0 og - C 0Q Yr--.\-\------ 0 \ \ tili ,\-- ___--:......_................._.......------%--1 . ' \-- 1 - -.'72--- . \ . . ---- -1\__j------ r--..... -------cr--• ..::. 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'''''''''''''''.11 \ .... ..- i IX •N ._ 8 m 0 0 \--\ ,_,-_\ iiii . cc --c\-----°-\-C-''....\- - -- , ii, 4.1 CO c----- Ce +A (e. • , . := gutl 4.1 ac rt \ 'r Olt ., \Op. ',...----- \ = I O 1re*---- . \- , o ..... ti100 . ' ...k..\ 'A . . t�, __= tic Av,. eta mi. v. gal f- eflue itic Av �' SkOli am Ba _ A�en tte I ue i ttic _ �, s Q ti. ,,,, tn. \_„3 ID ------ C2 ID _le \ct_____ \ 0 aci--. 0 ..... _____________, L d o 1,... dr: I, i„., N 0 ,4 u S) 4iv J CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: CHRISTOPHER TAING [Applicant] THENG TAING [OWNER] Conditional Use Permit (Short Term Rental) for the property located at 421 20th Street, Units Al & B2 (GPIN 2427083080). COUNCIL DISTRICT — BEACH MEETING DATE: June 9, 2020 • Background: This request was scheduled for the March 17, 2020 City Council agenda; however, that meeting was cancelled. The applicant is requesting Conditional Use Permits for two Short Term Rental uses on this 6,500 square-foot lot located within the OR Oceanfront Resort District. The subject property contains one duplex (two units). City records indicate the duplex has two, two-bedroom units. The maximum occupancy for guests on-site after 11:00 p.m. is twelve. The minimum number of parking spaces required for this use is one per bedroom, or four spaces in this instance. • Considerations: This subject property is located in the Central Beach District of the Resort Strategic Growth Area. In accordance with the Oceanfront Form-Based Code, all vehicular access is proposed from the alley. The property owner intends to install a new six space parking area with access from the alley on the adjacent property located at 417 20th Street, which also has a pending Short Term Rental use. The proposed parking area will be shared with this property and both properties are under common ownership. The Zoning Administrator has found the submitted parking plan acceptable. Additionally, Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met by the applicant. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to these requests and one letter 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 following conditions shall only apply to the dwelling unit addressed as 421 20th Street, Units Al & B2 and the Short Term Rental use shall only occur in the principal structure. Christopher Taing Page 2 of 3 2. The applicant/owner shall complete the necessary improvements and obtain a driveway permit to access the property from the alley (20th '/2 Street). All vehicular ingress/egress and parking shall be from the alley. In addition, should the ownership of 417 20th Street and 421 20th Street change, the property owner of 421 20th Street shall install vehicular access from the alley and the minimum number of parking spaces required for the duplex and Short Term Rental. 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 4. 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. 5. 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. 6. No events with more than the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the 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. Christopher Taing Page 3 of 3 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11 .All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rental. 13.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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 STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department V7i City Manager: : ° t t Applicant: Christopher Taing Agenda Items Property Owner:Theng Taing 1- 2020 ill Public Hearing: February 12, 2.2 & 2.3 City of City Council Election District: Beach Virginia Beach Requests #22 - Conditional Use Permit (Short Term Rental)—Unit Al # 23 -Conditional Use Permit (Short Term / _ /'� , Rental)—Unit B2 Illr _ _- t Staff Recommendation • . �si Approval �� • ,\ oidisoloirSiggill Staff Planner � ,� �� ,�� Hoa N. Dao ��_S> \ lli Location ` *�' 421 20thStreet, Units Al & B2 1 pi' volt��*a \, • GPIN a 11113 2427 s 2427083080 °001�� Site Size 6,500 square feet )" � �Ntoe' . V. Existing Land Use and Zoning District Duplex/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 20th%2 Street (alley) k T - Condominium, hotel/OR Oceanfront Resort South i ,.e s, 20th Streety ' Undeveloped Land/OR Oceanfront Resort r East _ ": L Single-family dwelling/OR Oceanfront Resort ‘ ;' West Single-family dwelling/OR Oceanfront Resort - r Christopher Taing Agenda Items 22 & 23 Page 1 Background and Summary of Proposal Site Conditions and History • The property is a 6,500 square foot lot zoned OR Oceanfront Resort District. • The Short Term Rentals will occupy a duplex(two units)that was constructed in 1957. • There are no zoning violations or City Council actions found on this property. Summary of Proposal The applicant submitted two Conditional Use Permit requests to operate two,two-bedroom Short Term Rentals at 421 20th Street, Units Al& B2.The property owner also owns the adjacent lot, 417 20th Street (Agenda Item 21), and proposes to install the four required parking spaces associated with this application on that site, all accessed via the existing alley. 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. Unit Al Unit B2 Number of bedrooms in the Short Term Rentals: 2 2 Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 6 6 Number of parking spaces required (1 space per bedroom required): 2 2 Number of parking spaces provided: 2* 2* *These parking spaces are proposed on the adjacent lot,417 20th Street. a3`. - tR-° _ — �oF Zoning History ,t # Request '\------ 1 ALT Approved 04/19/2017 ,1\ g at ,, �ry 9 \ `, _oR 2 ALT Approved 04/19/2017 OR ' r 3 SVR(Section 4.4(b))Approved 09/07/2016 R 6'‘..3 6 , n s �� \ 4 ALT Approved 06/13/2016 ' s _30 1 ��a, \ - �_- 5 ALT Approved 06/13/2016 'pki,\ ,, 4 '. - . 1` �, 6 ALT Approved 09/16/2014 - �,V—�.. ,1 1,, OR 'othg`f»t �� ‘` 7 SVR(Section 4.1(m)(1))Approved 10/08/2013 �,` �. ' OR ` 8 ALT Approved 05/14/2013 R ss ( y •\,‘` 9 CUP(Open Air Market)Withdrawn 05/08/2013 ,,,, �.< og MOD(Commercial Parking)Approved 11/09/2010 \Y�1,' v `` ',nr \ r s« ,� OR 1 CUP(Commercial Parking)Approved 03/10/2009 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 Christopher Taing Agenda Items 22 & 23 Page 2 Evaluation and Recommendation The property is located within the Central Beach District of the Resort Strategic Growth Area where mixed-use entertainment for residents and visitors year-round is envisioned.This portion of 20th Street is located across the street from the future Dome Site (Atlantic Park) and there is a Capital Improvement Project (CIP 9050000)for street and streetscape improvements,and on-street metered parking. The proposed six space parking area on the adjacent property will be shared between the single-family dwelling on that site and the units in the duplex at 421 20th Street. The Zoning Administrator has reviewed the parking plan and approved the concept. In accordance with Section 6.1.2 of the Oceanfront Form-Based Code, all vehicular access is proposed from the alley. As both properties, 417 and 421 20th Street are under common ownership, a condition is recommended to ensure adequate parking and access remain available for each property should ownership of the property change. Condition 2 requires that if the property ownership changes,that each site have an individual access from the alley and the minimum number of parking spaces be installed. 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. Based on the considerations above, Staff recommends approval of these requests with the conditions listed below. Recommended Conditions for Items 22 & 23 1. The following conditions shall only apply to the dwelling unit addressed as 421 20th Street, Units Al & B2 and the Short Term Rental use shall only occur in the principal structure. 2. The applicant/owner shall complete the necessary improvements and obtain a driveway permit to access the property from the alley(20th%Street). All vehicular ingress/egress and parking shall be from the alley. In addition, should the ownership of 417 20th Street and 421 20th Street change,the property owner of 421 20th Street shall install vehicular access from the alley and the minimum number of parking spaces required for the duplex and Short Term Rental. 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 4. 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. 5. 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. 6. No events with more than the permitted number of people who may stay overnight (number of bedrooms times three)shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). Christopher Taing Agenda Items 22 & 23 Page 3 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the 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. 9. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26,31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site,except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two(2) rental contracts during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be 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. 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. Christopher Taing Agenda Items 22&23 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 • One letter of support has been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on January 13, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 26, 2020, and February 2, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2020. • 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 February 6, 2020. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020 and May 31, 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 May 25, 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 June 5, 2020. Christopher Taing Agenda Items 22 &23 Page 5 Site Layout and Parking Plan 20' ALLEY 2G' ALLEY a.t i 40. IN �z N"` a PROPOSED IN - '�^ N PAVED 1"` PARKING r EN 1 p- LOTIlla U � z 1 •T. :P 17 --ril -*- SHED PART' • OF LOT . 0014 s... v o �,boo SQ. FT 0. 791 ACRES U y it i NI g rn J.0' 21 (0 Q o FRAME o 4.81 Q W -- (j ..► SHED r 46< 'r 1i/ 1 `, Q -. s , v tea.. e �w.i i1.J' y�fi ;8.7' �N r•'• r r. W O I. OR ` i�o_ri $TUC A� 1 2.7' '. #417 ti •REMAINDER OF -; LOT 23 _ i • +i' ' :.' " � lc 140' TO �GRAVE :i` ..� i •. I . Qo BALRC AVENUE ;. :;:• ;; '�:•': �� 5 ~ ,.. .. � c. 5(: : .irk : '•..• .�•' • r. he .• •L • • .. ± 20TH STREET (50' RIGHT OF WAY) Christopher Taing Agenda Items 22 &23 Page 6 Site Photos . . - _ ..... ..‘ ••••__ -.....,--, - ., , r 1111 111 -T.- I: . ,_ 10 , ..- - II ii .I i t-..... ;.. - ..., - - - - 11 1 , .41.A . a s .. r --4•,- r• . . . _ In . 1 -J4 ill 1 I 4 " II • ._. - -,---- . .. ' --_ - • --14.4,0,.+it...-.. •.L. ,,. _ 4/4 0 7 401 .. _. .., ....-_______ --•".•''' •'. -...^-4ri.V.11- ,.1-- ....• --..-- ' -. . .--•- ,. ..... '-''';',.--'. -.. .„;;;,,,•,,,'•,--,..:114,,,,:-_,-- ---- _ ', - -• - .... -' ' , . ' Ai..,----it,-•';''''',- '•'''''''.',.:'.....•.,'1'1.'•-;---:'''.••:'" r'---•-•:•'-' '' •-'''•• ••-•'''-''• - -- -A-. ., , , .•,• . , ,.. ' -'''•-;•'4ft-:- •--• 11,,;., ."• -•. ...;-'•:•:-::T.-- ''''•••••,.7••!...-Y2.,:',--.=-:'''''- . •• • . ' ef.:10.' 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'.,-..-:--.:.„.....- -....-..-...„,-... 14.4.i.--?,--, -- *'ii.:-_..--U--.., - fr..,:.: ,-....-:,;,....r. --k. -•-„ -_- ,, ..,.-- :,1,1vr.!=7-2:,.--- ..:-........,4--Z ,14,1:,fi::---z ; '----.n.„..--1.---;..-x-,.._:.,,,• -...:---.- ;-.,...:,... -,1,..-',7-.--7.--•.n.-1.-...,.A.-,--,1--,,,.....7: -,:`,.;,--.,-.1 ... ,D,-.._-.-e--.-.`.. ••. 47.=.1ty,-:-::.,:,",•1,•*-,,,..,,,-.4t--.. ,;,-;.,--.t;.,..-1,.r.v,..,-„:-- ;.-.,..---7..e. ,-.,,,:----'''.-- 1---1•`'.-- -e,- .':----. zft!,. •'!"z.-•-••''.-;-..;z4i ..----:'-f'11.,,,-,7N- r---, ,----. -&r.;`,".:. '_':,'-',7"-.',Lzn-.-.C..:: - :.,"'SS;,,_,..&ZsiA'1741,..,..4 .''f_.,.. .,. 7'-.17.-T.:-.*4-t' •.'.---v,---',-- ‘---:: !'! . 4-.h.`""'-'''' k- .. ' - -.7Fr...--•-".•- '-- - - ''. - -- --=:',.ti,., r:....:., .14t!--•;, r, .: . . _ • . .. •- , ' : -- - "--4i--- ... ,.-8,4‘ flrr::::** :-'7!-1447,1V.- ;,:-:*.;;•.: ; - ' , • ;,' . -_ - ;-,'''';-.., . ,-:' • . 4.- --- . .- Christopher Taing Agenda Items 22 & 23 Page 7 Site Photos 11'itit-To"..',F,'IlilfirkPAir .'N4v....ivif, 0,:... i• Pi . \'1 ''. ' , , 1 - ,•,,,i, , !,- ti 1 1 . •--Arlitbk-k'vem:ratt'.4ww Vrelo F4 , 4ri,;_---. -- ', ,,,.••; 4 F.,- -.., ...... 4 -.......„...„ i.s., - , --Mil rtfm:gt Sir:. „,---. ,.. -... ; r-07 wy '411111S k --.A'3, 'k , ..z., -----..,------ , 11 ---- ---At.--- -...2..."--- ----....1-,..-:':',1- - ir.111 "Aft ' ' 40''' i , .. . rya,e _ ..r, - a I grair a Iti ilMi . _ • '''',:pr.. ....— . .- i 1/ ...i.. ._.• "' "' MOH i , I ....,....._,A --- - ---- 1 ....;,--_,7,10#4,-- --'''''''''''"••••••-.........'........................... •:---„,__ ..„,, . ,.... ,. . ,'" ‘-st..,,,-:_• .''' tM 1i) t!r i0ft..1,lA.7tll,'l i be,.1- o iIl .. 4 , et-AA-% t4 •sAPvA g.r#--2 r.o-.....,"...i 4‘ - at'L 00.4t ;lb fib, 1p vill r,e. i !All-ri 11 f '1, A . , .41114is4('141:----410‘__,......0:;67'-.- 100 : i Fliii- Irloor'dkiro41-111.1h' l'1 :••••1021Pf--' A t-Ofs , • .1 1 alriii . • '-. --- '• -.. - - , - Christopher Taing Agenda Items 22 & 23 Page 8 Disclosure Statement Virginia Reach APPLICANT'S NAME04/iu 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 pilot to any Page I of 7 Planning Commission and Cite Council meeting that enains to the a I[cation s O APPLICANT NOTIFIED OF HEARING DATE: It NO CHANGES AS OF DATE: ',{/i,/� 0 REVISIONS SUBMITTED DATE: Christopher Taing Agenda Items 22 & 23 Page 9 Disclosure Statement ,)4H Virginia Beach - Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. CCheck 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. IZ 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: Tiyen 7":c/''t If an LLC, list the member's names: Page 2 of 7 Christopher Taing Agenda Items 22& 23 Page 10 Disclosure Statement lB 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 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 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 Christopher Taing Agenda Items 22& 23 Page 11 Disclosure Statement APPLICANT virgink Beach LYES I NO SERVICE I PROVIDER(use additional sheets if 1 needed) Accounting and/or preparer of Shaffer Accounting your tax return ( )7753276 El ® Architect/Landscape Architect/ Land Planner _ Contract Purchaser(If other than ElEl the Applicant)-identify purchaser and purchaser's servke providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) nConstruction Contractors nEngineers/Surveyors/Agents Financing(include current ❑ Zi mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) II ® Legal Services — — Real Estate Brokers/ 0 ® Agents/Realtors for current and anticipated future sales of the subject property R 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 Christopher Taing Agenda Items 22 &23 Page 12 Disclosure Statement 'NB 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. Gh,,b - APPLKANT'S SIGNATURE PRINT NAME D Page 5 of 7 Christopher Taing Agenda Items 22 &23 Page 13 Disclosure Statement \B OWNER v, ifl l YES NO SERVICE PROVIDER(use additional sheets If needed) !RI ri Accounting and/or preparer of Shaffer Accounting your tax return ( )775-3276 n ® 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) U _- A, Construction Contractors — n _Engineers-- /Surveyors/Agents It/ Financing(include current Z ❑ mortgage holders and lenders selected or being considered to .5 S 2-f in C r rt s provide financing for acquisition O or construction of the property) (,or pera-fi�'a' Legal Services Real Estate Brokers/ El r Agents/Realtors for current and anticipated future sales of the subject property 4 �r 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 Christopher Taing Agenda Items 22 &23 Page 14 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. PROPERTY ER S SIGNATURE PRINT ��` y !S/t 11/l Page 7 of 7 Christopher Taing Agenda Items 22& 23 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. Christopher Taing Agenda Items 22 & 23 Page 16 Items #22 & 23 Christopher Taing Conditional Use Permits (Short Term Rentals) 421 20th Street, Units Al & B2 February 12,2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Okay,is there any opposition this being placed on the consent agenda? Thank you, Madam Chair there are many items on the consent agenda are for Short Term Rental. The Planning Commission places the following applications for Conditional Use Permits for Short Term Rentals on the consent agendas. These applications meet the applicable requirements for Section 241.2 of the Zoning Ordinance. Staff supports the applications and there's no opposition to the request and these are items number 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21,22, 23, 24 and 25. That being said, I move for approval on the consent. I am sorry 25 is deferral, thank you. Okay. That being said, I move for approval on a consent agenda items, One, five and six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26. Ms. Oliver: Yes. Mr. Inman: I need a make a disclosure that at least one item on the consent agenda shows financing by Town Bank. I serve on the advisory board for Virginia Beach Town Bank, in that capacity I don't make any decisions on loans or merely an advisory position. So, I will be voting on these matters. Ms. Wilson: Those items are 10, 11, 12 and 18. Ms. Oliver: Yes. Mr. Graham: Madam Chair, I too need to disclose that I am on a board of Town Bank of the same items and I will be voting today. Ms. Oliver: Great, yes. Mr. Weiner: Madam Chair. I need to abstain the item number five Spence Crossing at the corner of Princess Anne Road Independence Boulevard, the developer is my client. Ms. Oliver: Anyone else? Okay. Make a motion. Mr. Weiner: I made a motion already. 1 Ms. Oliver: Do I have a second? Mr. Graham: I second. Ms. Oliver: Okay. Thank you. Ms. Sandloop:The vote is open. By the recorded vote of 9-0, agenda items one, five, six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26 have been approved by consent with Commissioner Wiener abstaining from Agenda Item number five. Ms. Oliver: Great. Thank you very much. And I would like to thank all the applicants for coming down today who had a matter of them on the consent agenda, and attending the hearing. All these items will be scheduled for hearing with the City Council to be announced. And so if you'd like to take this opportunity to leave before we start our hearings, you are welcome to do so. Thank you again for coming down. The next order of business will address the remaining matters on our agenda. And I would ask the clerk to 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 shall only apply to the dwelling unit addressed as 421 20th Street, Units Al & B2 and the Short Term Rental use shall only occur in the principal structure. 2. The applicant/owner shall complete the necessary improvements and obtain a driveway permit to access the property from the alley (20th 'A Street). All vehicular ingress/egress and parking shall be from the alley. In addition, should the ownership of 417 20th Street and 421 20th Street change, the property owner of 421 20th Street shall install vehicular access from the alley and the minimum number of parking spaces required for the duplex and Short Term Rental. 2 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 4. 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. 5. 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. 6. No events with more than the permitted number of people who may stay overnight(number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-l(8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the 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. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 3 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one(1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. 4 D - ' - o tits ee"ue= N Al CD ��- �f / y`-~ re 0 1� Q r \..\\ .'4) 1 0 Q z �' �1 \ 5 D D_ _-�' \_ O 1 LJJ w z L1J N 0 - IP . 0 _Air \ à !S 713 D , _ ____--- ,.., e ' _o 00 o _ NJ D N , , la 1P —., 1 - __c;_r � ._.--Arenas - -- ^ O z 1 f I_ Q . � e - '- o D0_ _- om_ o ► 0_ - D v) _ D • • D cn .-----,-S -- { ___-Tc3 P____,3 cs 4( D _ , � .� CC 1 wD G Jar N D ", =fir �0 ;DD __- l DDT _ � cDl_ 0 \ D0 D cD �_ S,ly '1 }1�4 y1 1, - II ,''� IIt �4 ' 1 ... r St„.\ i, _____- 1 _2.______ r--_____77. _. _streo. . _. 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'., \II3 "' `� �� R 5 tN E Vs+titi C9= I }��r^\ '1 I' Suite Shiplap Cottage - The Cove, LLC r „A Site 201 87th Street, Unit A QZoning Parking Lot Drive Aisle Building — momm, Feet 0 15 30 60 90 120 150 180 .t.��. •LI,1 [ . o•-, !,„,,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SHIPLAP COTTAGE — THE COVE, LLC [Applicant] RITAMARIE SEARLES [Owner] Conditional Use Permit (Short Term Rental)for the property located at 201 87th Street, Unit A (GPIN 2510511390). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: June 9, 2020 • Background: This request was scheduled for the March 17, 2020 City Council agenda; however, that meeting was cancelled. The applicant is requesting a Conditional Use Permit for Short Term Rental use on this 7,296 square-foot lot located within the R-5R (NE) Residential North End Overlay District. The subject property contains one duplex structure, however, only one of the units is proposed as a Short Term Rental. City records indicate the dwelling has one bedroom. The maximum occupancy for guests on-site after 11:00 p.m. for a one-bedroom Short Term Rental is three. The minimum number of parking spaces required for this use is one per bedroom, or one space in this instance. • Considerations: The applicant has provided a parking plan, which includes one space in the driveway, thereby meeting the parking requirement. The Zoning Administrator found the submitted parking plan acceptable. Although all required parking can be met on site, additional on-street parking is also available on 87th Street. Additionally, Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met by the applicant. Further details pertaining to the application, as well as Staffs 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 following conditions shall only apply to the dwelling unit addressed as 201 87th Street, Unit A and the Short Term Rental use shall only occur in the principal structure of Unit A. Shiplap Cottage — The Cove, LLC Page 2 of 3 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this 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 the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the 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. Shiplap Cottage—The Cove, LLC Page 3 of 3 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 7 City Manager: L Applicant:Shiplap Cottage —The Cove, LLC Agenda Item Property Owner: Ritamarie Searles 1 Public Hearing: February 12, 2020 24 ,i r City Council Election District: Lynnhaven Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation U Approval p Staff Planner Marchelle Coleman Location 201 87th Street, Unit A 1 GPIN 2510511390 Site Size 7,296 square feet .. Existing Land Use and Zoning District —.A Duplex/R-5R(NE) Residential (North End Overlay) Surrounding Land Uses and Zoning Districts North "' ►* .air'.. Single-family dwelling/R-5R(NE) Residential *a' , mil (North End Overlay) South 87th Street ,, = 8 �t � Single-family dwellings/ R-5R(NE) Residential Hi:(North End Overlay) ` "'. East Atlantic Avenue &�. Single-family dwellings/ R-5R(NE) Residential (North End Overlay) West Duplex/ R-5R(NE) Residential (North End a F a ' jk' Overlay) ;, .,, ;. Shiplap Cottage-The Cove, LLC Agenda Item 24 Page 1 Background and Summary of Proposal Site Conditions and History • This property is 7,296 square feet and is located in the R-5R(NE) Residential North End Overlay District. • The dwelling is a duplex structure built in 1940; however, only one of the units is proposed as a Short Term Rental. • There are no previous zoning violations or City council action found on the property. Summary of Proposal • The applicant submitted a Short Term Rental Conditional Use Permit request for Unit A of the existing duplex 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 4 } R,6R(NEQ L 1 �._ \ * RSR(NE) � _ ‘ Zoning History \ ` ,"i'/') I ` # Request 4 % �_ s! 1 NON(Conversion of existing duplex into single-family T ,;` ,wr'` �' ` ,.`` home)Approved 04/23/2002 kart NE) \......... .................,..........________--A 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 STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation As stated previously, Unit A of this existing duplex has 1 bedroom and was built in 1940.The applicant has provided a parking plan,which includes one parking space within the driveway,thereby meeting the parking requirement.While Shiplap Cottage-The Cove, LLC Agenda Item 24 Page 2 not required at this point in the process, proof of liability insurance for$1,000,000 has been provided. No signage has been proposed on the property.The applicant has provided three letters of support from the adjacent property owners. In Staffs view,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 201 87th Street, Unit A and the Short Term Rental use shall only occur in the principal structure of Unit A. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this 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 the permitted number of people who may stay overnight (number of bedrooms times three)shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the 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. Shiplap Cottage-The Cove, LLC Agenda Item 24 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. 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 • The applicant reported that they met with the surrounding property owners, and no objections were raised. Three letters of support have been received. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on January 13, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 26, 2020, and February 2, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2020. • 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 February 6, 2020. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020 and May 31, 2020. Shiplap Cottage-The Cove, LLC Agenda Item 24 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 May 25, 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 June 5, 2020. Shiplap Cottage-The Cove, LLC Agenda Item 24 Page 5 Site Layout and Parking Plan THIS IS TO CERTIFY THAT I. ON MAR. 28. 2018, SURVEYED THE PROPERTY SHOWN I HEREON AND THAT THE TIME LINES AND PHYSICAL IMPROVEMENTS ARE AS SHOWN HEREON. THE IMPROVEMENTS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS EXCEPT AS SHOWN. SIGNED:- " f1 NOTES: 1) THE PROPERTY SHOWN HEREON APPEARS TO LE N 'IC (SHADED) FLOOC ZCkL ACOOROINC TO F.E.M.A. MAP PANEL NO. 513.31-006M REVISED JAN. 16, 7015- i 2) THIS SURVEY WAS PERFORMED WITHOJT THE BENEFIT OF A TITLE REPORT. AND MAY NOT SNOW ANY/ALL CASEMENTS AFTECTiNG THE PROPERTY. LC' 4 6' NYbJ t 2' IN ON UNE- T NCE - I - 4.2'N / I O.2'OUT 3.5 WOCO __ u*lull S x �! "•3• LOT A �� XiANASE ESI.eT • . Short Term 68 IN '` M.B.613 PG_16 -+1 O A/�_ Rental FAn a j I ,rer Dwelling �- 8,1 `I , (Unit A) I.. J i r :, 1 LO1 BY 3.S,MOOD �� 1.5 i Parking FENCE ; i Space E,rOur - - 1 87T' S7REET(WO'R/Wf PHYSICAL SURVEY OF LOT A. BLOCK 2 RESUBOIVISION OF LOTS 5 & 6, BLOCK 2, SECTION D. CAPE HENRY SYNDICATE VIRGINIA BEACH, VIRGINIA 0.111 4 a. FOR • RITAMARIE E. SEARLZ.S GNMtir H. WHAM i. • IC.*MA I' LIAM: UM. 28. 201E �/j3 •97// SCAtF- t m 20• �tJ' NOTE: FOR PLAT SEE 'h r.Jiy $I 66 Pc. '4 WARD RM YOB,HOL P.C. VYi,^I,NIA BEACH. VA LAND SURVEYOR, P. 9225 GRANBY STREET NORFOLK. VIRGINIA 23503 DRAN%1 eYt w0. 757-4E0-1230 PROJECT NO, 1e-283 1D:"/Y+ (life) Shiplap Cottage-The Cove, LLC Agenda Item 24 Page 6 Site Photos - • ` :g cl, 1.1_3 - liki,-*,,, ; A ri : iiuiiiii r = — • e/ II .} k+-�j1• '�� 1i1t ; i 3t. 1 � i �� ; �: ill I . ? i I 1, I 1 a • rt4 _ , _ _ _ _ ,i___-____-_-=::::,...; . e n'V y_ TM tar! - Shiplap Cottage-The Cove, LLC Agenda Item 24 Page 7 Disclosure Statement 'NE Virginia Beach APPLICANT'S NAME Shiplap Cottage-The Cove, 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 Planning Commission and City Council meeting that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DATE Er NO CHANGES AS OF DATE 2/2�pT�6 � Marchelle L. Coleman REVISIONS SUBMITTED DATE: Shiplap Cottage-The Cove, LLC Agenda Item 24 Page 8 Disclosure Statement CIN Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. IX Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Shiplap Cottage-The Cove, LLC If an LLC, list all member's names: Ritamarie Searles If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Ritamarie Searles (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Shiplap Cottage-The Cove, LLC 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. ® 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:Ritamarie Searles If an LLC, list the member's names: Page 2 of 7 Shiplap Cottage-The Cove, LLC Agenda Item 24 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 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 Shiplap Cottage-The Cove, LLC Agenda Item 24 Page 10 Disclosure Statement Nfi3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) riAccounting and/or preparer of Jones. Madden&Council, PLC your tax return n 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 Li f 1 i purchaser of the subject property ix (identify purchaser(s)and purchaser's service providers) 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) MLegal Services Real Estate Brokers/ KA 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 Shiplap Cottage-The Cove, LLC Agenda Item 24 Page 11 Disclosure Statement AS3 Virginia Beach I C ERTIFIC ATION: 1 certt y tt'at a)! Ot tue mrormation containea in tills uusciosure .taiement rorm 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 i meeting, or meeting of any public body or committee in connection with this Application. /A0CtA442/14 "-V--P-414/1.--__ ef-nl0.6e_ Searles iijr-/i9 NT'S SIGNATURE PRINT NAME D TE Page 5 of 7 Shiplap Cottage-The Cove, LLC Agenda Item 24 Page 12 Disclosure Statement .41VB OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) I I Accounting and/or preparer of Jones,Madden&Council.PLC I I your tax return X Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Elthe 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 ❑ Z Engineers/Surveyors/Agents Financing(include current u ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I� 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 ❑ X 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 Shiplap Cottage-The Cove, LLC Agenda Item 24 Page 13 Disclosure Statement irginia It rn It I 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 i 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 1►�Ylo,u.Pert „cartesilRF-Ir;t—OWNER'S SICNAtItRI PRINT NAME E Page 7 of 7 Shiplap Cottage-The Cove, LLC Agenda Item 24 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. Shiplap Cottage-The Cove, LLC Agenda Item 24 Page 15 Item#24 Shiplap Cottage-The Cove, LLC Conditional Use Permit (Short Term Rental) 201 87th Street, Unit A February 12, 2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Okay, is there any opposition to this being placed on the consent agenda? Thank you. Madam Chair there are many items on the consent agenda are for short term rentals. The Planning Commission places the following applications for a Conditional Use Permit for short term rental on the consent agenda. These applications meet the applicable requirements for section 241.2 of the Zoning Ordinance. Staff supports the applications therefore there's no opposition to the request and these are items number 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25. That being said, I move for approval on the consent. I am sorry 25 is deferral, thank you. Okay. That being said, I move for approval on a consent agenda items, 1, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26. Ms. Oliver: Yes. Mr. Inman: I need to make a disclosure that at least one item on the consent agenda shows financing by Towne Bank. I serve on the advisory board for Virginia Beach Towne Bank, in that capacity, I don't make any decisions on loans and its merely an advisory position. So, I will be voting on these matters. Ms. Wilson: Those items are 10, 11, 12 and 18. Ms. Oliver: Yes. Mr. Graham: Madam Chair, I too need to disclose that I am on a board of Towne Bank of the same items and I will be voting today. Ms. Oliver: Great, yes. Mr. Weiner: Madam Chair. I need to abstain from item number five Spence Crossing at the corner of Princess Anne Road Independence Boulevard,the developer is my client. Ms. Oliver: Anyone else? Okay. Make a motion. Mr. Weiner: I made a motion already. 1 Ms. Oliver: Do I have a second? Mr. Graham: I second. Ms. Oliver: Okay. Thank you. Ms. Sandloop:The vote is open. By the recorded vote of 9-0, agenda items 1, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23,24 and 26 have been approved by consent with Commissioner Wiener abstaining from Agenda Item number 5. Ms. Oliver: Great. Thank you very much. And I would like to thank all the applicants for coming down today who had a matter on the consent agenda and for attending the hearing. All these items will be scheduled for hearing with the City Council to be announced. And so, if you'd like to take this opportunity to leave before we start our hearings, you are welcome to do so. Thank you again for coming down. The next order of business will address the remaining matters on our agenda. And I would ask the City Clerk to 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 shall only apply to the dwelling unit addressed as 201 87th Street, Unit A and the Short Term Rental use shall only occur in the principal structure of Unit A. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five(5) years from the date of approval. The renewal process of this 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 2 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 the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the 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. 3 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. 4 \\\ , I% \\\ .. , ----------05.- '. ''\ Oilli ilill---- . - y...i ti 111 y'15, ' „ Vt r. 1600 , -, 'II mi *P. .tWii,\t, �I �,114‘01111.11\ y 1 ' ''Iy'I .we li IOC \ ow.\ ---:---- -• - . I • .Ar_. .. ,,Sareik\ '15‘ ..,- '--le IOW \ _____----_7----3 , I.\ I; 011 \ \li • I V. III AIN 41 \ 1 I:\ \\ _,_.---:::------:mi-iii. _i_ STATUS11 Illk...*....iiiii011011111 Approved _-r= — \\ 0 Denied t't * , '�� __) ... 0 Under Review II Xi, ' ire --- Y-- - - rm __,__ T A Registered _ — ''t 0Z1 001 08 09 017 0Z 0I 0 load 6uIPlh9 als!Vanud 101 6111Ved s 6ul uoZ o1J anuand wales uonsuIM DOE an (22 n► " IsOA ai13er Pi 7 _ - stio . eS r �----� antra n ___ _:_ - - _toi \ �t ,I 1 u suAM 1 li u and wad �, �� ^ '/ ;ii S.9,7;t1 t � Illi, 1G 11 \r...„it\\ 1._-.A __..., . .. .z c, ' , 4 c ii 0 f1-,----\, SI\ ,,, \ ' ' ,,, i.) \ / y5 — 0 ° Ili . ei % \ \ \,„ ti, ti , 0 .„,,,.. „ 0 \ ti. __ y t 4 - 1� \\ 9£, V , .rilik , S9- :1 Oic CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JACKIE YOST [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 301 Winston Salem Avenue (GPIN 2427220621). COUNCIL DISTRICT— BEACH MEETING DATE: June 9, 2020 • Background: This request was scheduled for the March 17, 2020 City Council agenda; however, that meeting was cancelled. The applicant is requesting a Conditional Use Permit for Short Term Rental use on this 5,500 square-foot lot located within the R-5S Residential District in the Shadowlawn neighborhood at the oceanfront. The subject property contains one single-family dwelling. City records indicate the dwelling 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: As the property is located at the oceanfront, Short Term Rental uses are expected in this area of the city. The four-bedroom Short Term Rental is required to have four on-site parking spaces. Four spaces, are located entirely on the property, including one in the garage. The Zoning Administrator has approved this parking plan. Additionally, Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met by the applicant. The proposed Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP), which 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 that limits the number of guest and temporary passes available while the Conditional Use Permit is active. Further details pertaining to the application, as well as Staffs 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. Jackie Yost Page 2 of 3 1. The following conditions shall only apply to the dwelling unit addressed as 301 Winston Salem Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. 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. 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 the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the 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. 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. Jackie Yost Page 3 of 3 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.The 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. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: M�., Applicant & Property Owner: Jackie Yost Agenda Item Public Hearing: February 12, 2020 City Council Election District: Beach 26 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner Bill Landfair IIIIIiiii \ Location 301 Winston Salem Avenue GPIN 2427220621WI 111111•11111111 Site Size *_ 5,500 square feet 1Oil . .,,--- 07 Existing Land Use and Zoning District Single-family dwelling/ R-5S Residential Surrounding Land Uses and Zoning Districts North Single-family dwellings/ R-5S Residential 4►J..- � South Winston Salem Avenue ; ' 44` ' Marina, parking lot/ RT-3 Resort Tourist =: East , k� � q,..�� Arctic Avenue vacant/ R-5S Residential t� } West ' � Single-family dwellings/ R-5S Residential = � ,- %— y O Jackie Yost Agenda Item 26 Damn 1 Background and Summary of Proposal Site Conditions and History • The site is a 5,500 square foot parcel located within the R-5S Residential District in the Shadowlawn neighborhood at the oceanfront. • One single-family dwelling is located on the property, constructed in 2004. • There have been no previous zoning violations or City Council action relating to this address. Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for the four-bedroom, 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*, including 1 in the garage *A total of 7 parking spaces are shown on the plan; however, 3 are partially in the right-of-way but not needed to meet the parking requirement ` (.} v1 it ,� � OR 10.- - IA 1 „ 4. — Nthtkilli �� R £ r, �� p ` Zoning History G� M - til T1 # Request as � ,. /� 1 REZ(Change of Zoning from R-5S to RT-3)Approved li a \ow:CLO ,r � RT_3 6/8/2004 CUP(Marina and Personal Watercraft Rentals)Approved qt •Q�':"- : '' c r 6/8/2004 w 0 t *V 6C31" i!liT-1 snoop S it ✓ 3 • \I \ RT ?t Ilk o ` 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 Jackie Yost Agenda Item 26 PAPP 2 Evaluation and Recommendation The applicant is requesting to operate a four-bedroom Short Term Rental within the existing single-family dwelling located on the property. As the property is located at the oceanfront, Short Term Rental uses are expected in this area of the city. The four-bedroom Short Term Rental is required to have four on-site parking spaces. Four spaces, are entirely on the property, including one in the garage. The Zoning Administrator has approved this parking plan. In addition, the concept plan depicts three additional parking spaces that do encroach into the right-of-way, Arctic Avenue. These spaces are not counted nor needed to meet the minimum parking requirement. In Staff's view, the requirements set forth in Section 241.2 of the Zoning Ordinance for a four-bedroom Short Term Rental can be reasonably met. 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. 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 301 Winston Salem Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. 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. 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 the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the 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 Jackie Yost Agenda Item 26 PAPP 3 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. 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. The 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. 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 January 13, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 26, 2020, and February 2, 2020. Jackie Yost Agenda Item 26 Page 4 • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2020. • 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 February 6, 2020. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020 and May 31, 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 May 25, 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 June 5, 2020. Jackie Yost Agenda Item 26 Page 5 Site Layout and Parking Plan 11 LOTS 6 & 8 \ 2-A N N,/F DAVID B. EDWARDS 1 2427—f2-964Y 50 ■ 8(D. . 2852, P. !O99) \ r � �•pp• ......f 5 N y .....\ .aphip—iggilla i -e, (N. Ira oi" .... 441 LOTS AB * PROPOSE' � ret - ROBERT STAN , BEDROO 2427-12-9660 01 STR 2? ' (0.9. 3289, P. i 8 3O) Z. \ -,- -- % ., 55.00 e w,,,,,-,-ots4 -,c,,,4, sr ,c,00-t:i5,...- Rrli-.0) i1.lty 7, • Jackie Yost Agenda Item 26 Page 6 Site Photos 1 ■ y , ,!,/ 1 I�mum iIIIIIiIII — 1811alltlli'. . . _-- -p j , 1 .lir . I �,�- �` - r ` 'llilllllii . iii _ 14 • + a zap `ell. i -' r 1144 ''......unsmir--------, - Jackie Yost Agenda Item 26 Page 7 Disclosure Statement • Vk 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. _. -_._.erns. SECTION 1 / APPLICANT DISCLOSURE FOR._ All _ Page 1 of 7 Ar ce" „ t r 3l 4Lc'W 2-1- W-L VkeJS t->AC1j2. Jackie Yost Agenda Item 26 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: 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. tCheck 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 Jackie Yost Agenda Item 26 Page 9 Disclosure Statement Virginia Reach 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) 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 Jackie Yost Agenda Item 26 Page 10 Disclosure Statement Vi3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) �( - �1 L, I./I ❑ Accounting and/or preparer of V Thl � l►tvY+ L 1 your tax return ❑ 3- Architect/Landscape Architect/ Land Planner ❑ ❑7 Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers My other pending or proposed ❑ R. purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Et Construction Contractors ❑ ❑/ Engineers/Surveyors/Agents Financing(include current 1'i-welo,)' fie►--toy_ f ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) L - — ❑ Legal Services Real Estate Brokers/ ❑ D7 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 Jackie Yost Agenda Item 26 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.L �LILi c ri �I•.'�C A )ilJt UCAN SIGNATURE PRINT NAME _ DATE JI Page 5 of 7 Jackie Yost Agenda Item 26 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. Jackie Yost Agenda Item 26 Page 13 Item#26 Jackie Yost Conditional Use Permit(Short Term Rental) 301 Winston Salem Avenue February 12, 2020 RECOMMENDED FOR APPROVAL-CONSENT Mr. Weiner: Thank you. Okay, is there any opposition this being placed on the consent agenda? Thank you, Madam Chair there are many items on the consent agenda are for short term rental. The planning commission places the following applications for conditional use permit for short term rental on the consent agendas. These applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications therefore there's no opposition to the request and these are items number 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25. That being said, I move for approval on the consent. I am sorry 25 is deferral, thank you. Okay. That being said, I move for approval on a consent agenda items, One, five and six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26. Ms. Oliver: Yes. Mr. Inman: I need a make a disclosure that at least one item on the consent agenda shows financing by Town Bank. I serve on the advisory board for Virginia Beach Town Bank, in that capacity I don't make any decisions on loans or merely an advisory position. So I will be voting on these matters. Ms. Wilson: Those items are 10, 11, 12 and 18. Ms. Oliver: Yes. Mr. Graham: Madam Chair, I too need to disclose that I am on a board of Town Bank of the same items and I will be voting today. Ms. Oliver: Great, yes. Mr. Weiner: Madam Chair. I need to abstain the item number five Spence Crossing at the corner of Princess Anne Road Independence Boulevard, the developer is my client. Ms. Oliver: Anyone else? Okay. Make a motion. Mr. Weiner: I made a motion already. 1 Ms. Oliver: Do I have a second? Mr. Graham: I second. Ms. Oliver: Okay. Thank you. Ms. Sandloop:The vote is open. By the recorded vote of 9-0, agenda items one, five, six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26 have been approved by consent with Commissioner Wiener abstaining from Agenda Item number five. Ms. Oliver: Great. Thank you very much. And I would like to thank all the applicants for coming down today who had a matter of them on the consent agenda, and attending the hearing. All these items will be scheduled for hearing with the City Council to be announced. And so if you'd like to take this opportunity to leave before we start our hearings, you are welcome to do so. Thank you again for coming down. The next order of business will address the remaining matters on our agenda. And I would ask the city clerk to 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 shall only apply to the dwelling unit addressed as 301 Winston Salem Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. 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 Susan E. Markley Page 2 of 4 Since the Planning Commission hearing, the applicant has acquired a lease for a parking space for one year at the City's 9th Street Parking garage to meet the parking requirement. The 9th Street Garage is over 0.5 mile from the property. The receipt of the lease purchase is attached. • Recommendations: City Staff recommend denial of this request. The Planning Commission passed a motion to recommend denial of this request by a vote of 8-0. Based on this leasing of the parking space after the Planning Commission hearing, the required parking for the Short Term Rental could be met. If the City Council wishes to consider approval of the application, the following conditions are provided for consideration: 1 . The following conditions shall only apply to the dwelling unit addressed as 629 14th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. 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. 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 the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address 4. 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 the permitted number of people who may stay overnight(number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the 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. 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. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven(7) day period. 3 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 t . 010011, $.. ..A. (P -i, t 04 ,.....-- .. -----, - ----,-----o g7.,--- . . .-------r r i- --- • ------ -f,-__,,, -- . ... . . „ • 409- 4 %_ 1,---------u7 zc- ------ Vilik__--- 111( I' \ , . . . .en, .„:„,,c-- rim i •••& P 00 re P ii- AO VII,41\11011.1140\ __ \\ ,• - _. I lopit -- ..-i ..,0 r--P • ..i. ••••11,0 ...161111 - • S . . , IA li loili le° 4.41 . I. 1--- 1\1 "7-. - '1.6 '•'''' ; .2 , uti 0,1 ,,,i.i. ,,,,.2,, ,,...7a-v- To i wog • effia-' iiillir- E. .1Z t .7) 1101.1101\110 3-__ Olt Wilatair•Wi_ t. 1°5 • • 0 0 2 1 \ - tikilli° 1 r ci) 09 05 Oti 0£ 0Z 0l 5 0 laa3 6wppng I -__ aisiy anuQ lot 6uIJed 6u,uoZ 11, 1 Ia ailS uWti 1. 6Z9 ails rzta Aapiaew •3 uesnS \\\ \ I \ \,___a. s: • ti ., -----' ___-_______ lc_ - x __ _. ,,„-___ _,, r _ _ _ _____ y�r as_ j-- \\- \ i,, \r,___,-----, _, •,\, , ,\ __ _ - -----'------ ---'-- - - 1 -- is �S -._- --: \ ..t,________\ -- laaa)S 41 V , / \ 0 , ___----- _,„:40,4011/ asi 11 / .\ i 1 \ \ , ; � �� p, a r % T t S' 44 e= CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SUSAN E. MARKLEY [Applicant] SUSAN E. MARKLEY& LOUIS E. GORMAN [Owner] Conditional Use Permit (Short Term Rental)for the property located at 629 14th Street (GPIN 2417956596). COUNCIL DISTRICT — BEACH MEETING DATE: June 9, 2020 • Background: This request was scheduled for the March 17, 2020 City Council agenda; however, that meeting was cancelled. The applicant is requesting a Conditional Use Permit for Short Term Rental use on this 3,750 square-foot lot zoned R-5D Residential Duplex District. The subject property contains two single-family dwellings. The Short Term Rental will occupy the 577 square foot dwelling on the eastern portion of the lot. City records indicate the dwelling has 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 instance. • Considerations: The property was developed originally in the 1920s prior to the establishment of minimum parking requirements. However, there are two parking spaces on the property, one for each dwelling on the site. A Short Term Rental requires one parking space per bedroom. In this case, the two-bedroom unit requires two parking spaces. Only one on-site parking space can be counted for this dwelling, as the second space extends six feet into the right-of-way blocking the sidewalk. The Zoning Administrator has reviewed this parking plan and denied this approach, due to the conflict with the use of the sidewalk. The proposed Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP), which was established to ensure the protection of stable residential neighborhoods while addressing the need for employee parking for businesses at the oceanfront. While overnight on-street parking would not be available for this proposed Short Term Rental Use, overnight on-street parking would be available for long term rentals. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. The Planning Commission does not support the application and concludes that the proposal does not satisfy the requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals. There is no known public opposition to this request. Susan E. Markley Page 2 of 4 Since the Planning Commission hearing, the applicant has acquired a lease for a parking space for one year at the City's 9th Street Parking garage to meet the parking requirement. The 9th Street Garage is over 0.5 mile from the property. The receipt of the lease purchase is attached. • Recommendations: City Staff recommend denial of this request. The Planning Commission passed a motion to recommend denial of this request by a vote of 8-0. Based on this leasing of the parking space after the Planning Commission hearing, the required parking for the Short Term Rental could be met. If the City Council wishes to consider approval of the application, the following conditions are provided for consideration: 1. The following conditions shall only apply to the dwelling unit addressed as 629 14th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. 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. 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 the permitted number of people who may stay overnight(number of bedrooms times three)shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address Susan E. Markley Page 3 of 4 conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the 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. 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.The 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. Susan E. Markley Page 4of4 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. • Attachments: Parking Receipt for Parking Lease at 9th Street Garage Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Denial. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department 14 '" City Manager: Applicant: Susan E. Markley Agenda Item Property Owner: Susan E. Markley & Louis E. Gorman Public Hearing: February 12 2020 iiB City Council Election District: Beach, 27 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Denial _ 1101111 k Staff Planner 1 Jonathan Sanders Location 629 14th Street010 , 0 GPIN 2417956596 w Site Size IR �2 \_ 3,750 square feetIIIIIIIIIII_ �_, Existing Land Use and Zoning District Single-family dwellings/ R-5D Residential Surrounding Land Uses and Zoning Districts North Vacant lot/ R-5D Residential '! ;_� ` s'' `.' South .t,; =„- ' ` k. •F ..I. rYx4 � 14th Street Single-family dwelling, duplex, church/R-5D '^` It `` Residential ,. '` + A tom. l c. s ..,'. East , ,. :. - p,. Duplex dwellings/ R-5D Residential _ :t , R ;r West Cypress Avenue '• > ' }T , . Single-family dwelling/ R-5D Residential hi- • . i , r., , -,c, . 4,- - _ ,---, :,. .,, .„ 4 . ‘ __i _ -. *.„...., . ,1,, . __, ,, , ,.. . _ Avg. 'i Y • ,,.,--. _ w Susan E. Markley Agenda Item 27 Page 1 Background and Summary of Proposal Site Conditions and History • The property is a 3,750 square foot lot zoned R-5D Residential Duplex District with two single-family dwellings on the lot. • The Short Term Rental will occupy the 577 square foot single-family dwelling on the eastern portion of the lot. • The single-family dwelling was constructed in 1920. • There are no code violations or City Council actions found on this property. Summary of Proposal • The applicant submitted a Short Term Rental Conditional Use Permit request for one of the single-family dwellings 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: 1 space located in the driveway, a 2'space extends into the right-of-way by 6 feet and a vehicle parked in that spot will block the sidewalk R 150 Sv"' '. ,- k. —C'.\1-',-, rAt\'w4ic,\1111_., * • • IL g R SDI` r Zoning History ,�,\11 . >1 �� „ .. # Request i 1 NON(Enlargement)Approved 06/14/2005 ` j . r _____I___I--\-----\ 1r 1° 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 Susan E. Markley Agenda Item 27 Page 2 Evaluation and Recommendation The applicant is requesting to operate a two-bedroom Short Term Rental within the existing small 577 square foot single- family dwelling on the eastern portion of the lot. The property was developed originally in the 1920s prior to the establishment of minimum parking requirements. However, there are two parking spaces on the property, one for each dwelling unit on the site. The Short Term Rental section of the Zoning Ordinance requires one parking space per bedroom. In this case,the two-bedroom unit requires two parking spaces. Only one on-site parking space can be counted for this dwelling unit, as the second space extends six feet into the right-of-way blocking the sidewalk. The Zoning Administrator has reviewed this parking plan and denied this approach, due to the proposed second parking space conflicting with the use of the sidewalk. Therefore, Staff does not support the application and concludes that the proposal does not satisfy the requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals. Based on the considerations above, Staff recommends denial of this request. If the Planning Commission wishes to consider approval of the application,the following conditions are provided for consideration. 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. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 629 14th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. 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. 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 the permitted number of people who may stay overnight (number of bedrooms times three)shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Department of Planning and Susan E. Markley Agenda Item 27 Page 3 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. 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. The 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. 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. Susan E. Markley Agenda Item 27 Page 4 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 13, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 26, 2020, and February 2, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2020. • 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 February 6, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020 and May 31, 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 May 25, 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-counci I/Documents/BookmarkedAgenda.pdf on June 5, 2020. Susan E. Markley Agenda Item 27 Page 5 Site Layout and Parking Plan k ,OF 3 ,OF,I S.CO S4 % r =xr=z x x-z=x---x- 4 / w=fV I ! / 2 y to / E AA ika�>O i.tY Q Y. O 6 29 f b zVz l ,� CO Mil // c c� to N NiY W\ V� �� ` 4^` O m r N N \` mZ Z�. \ 1'1 1 ` 3 ; ..... .\\,,,,0: : \ _ \ .SZ'4t ,� 4kk.ite,: wvvv , 'r M .OF,t S.LO N MO 31:413N0Q (aor .9d 2 'an) (M/d mend ,09) a 3I7NaA v SS3HHdA 0 o Susan E. Markley Agenda Item 27 Page 6 Site Photos 111***041184840600 MIN �' la g = ` ,. 4 _ � J1 er 'ram-,-, q 44 ::: :1;':i\- - -3 :-.-_ _ 1J , * - -V `.S sal, ' ` i3 ... • • iiii 11 III ow,IIII) III 'may ,�' - Susan E. Markley Agenda Item 27 Page 7 Site Photos .tX t- 1 Hi w,Ilw_ ;.a t A.. / .. .. i' h 3l.A, . y >H m .. t t i 1 Iill1ll .F � _.3ffi . , Susan E. Markley Agenda Item 27 Page 8 Disclosure Statement NI/B Virginia Tit',11 APPLICANT'S NAME Susan E Markley 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 I All disclosures must be updated two(2)weeks poor to a Page 1 of 7 Planning Commission and City Council mea•,...q that pertains to the application 0 APPLICANT NOT t FCC,f i,,s / site NOCHANGES ,�/4 /20 d-S JC1'�(1/4 0,n S r"hdf`rS Ei REVISIONS SUBMITTED l` Susan E. Markley Agenda Item 27 Page 9 Disclosure Statement \fi3 Virginia Beach n Check here if the APPLICANT 15 NOT a corporation, partnership, firm, 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: 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 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 Susan E. Markley Agenda Item 27 Page 10 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) I -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 Susan E. Markley Agenda Item 27 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) t ! Accounting and/or preparer of ( 1 your tax return ❑ Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than ixthe 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 Engineers/Surveyors/Agents Financing (include current ❑ (�j mortgage holders and lenders selected or being considered to I provide financing for acquisition ' or construction of the property) nLegal Services Real Estate Brokers / ❑ xi 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 T an interest in the subject land or any proposed development l 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 Susan E. Markley Agenda Item 27 Page 12 Disclosure Statement N/B Virginia Beach -- i 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. ] it APPLICANT'S 5 G Y PRIN5 s ME E' K�gl DATE Page 5 of 7 Susan E. Markley Agenda Item 27 Page 13 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) 1=1 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 ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ 7 / Construction Contractors IZEngineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) r Legal Services Real Estate Brokers / n V. Agents/Realtors for current and ' m 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 6 of 7 Susan E. Markley Agenda Item 27 Page 14 Disclosure Statement NB Virginia Beach rICERTIFICATION: 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 Appli jcatio I ova PRO RTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Susan E. Markley Agenda Item 27 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. Susan E. Markley Agenda Item 27 Page 16 Powered by Flash Valet Generated:19 Feb 2020 20:54 Cord Date: 19 Feb 2020 Short Term Leasing Receipt Parking Provider: City of Virginia Beach 9th St 9th St Garage 200 9th street Virginia Beach,VA 23451 (757)491-7206 Customer: Payment Method: American Express********5332 Susan Markley Payment Date: 19 Feb 2020 501 Torrey Court Account Number: 1251887 Virginia Beach,VA 23454 Receipt Number: 1252 Description Amount $10.00 Activation Fee $10.00 Short Term Leasing Rental Agreement 01 Mar 2020 to 28 Feb 2021 $600.00 Total: $610.00 To access your newly created account,please request a temporary password by visiting the URL below and entering the email where you received the invoice. Here you can add your credit card to enable recurring billing. Website URL: https://monthly.flashvalet.com/covb9thstreet/LostPassword/ (Click on the URL above or copy and paste in your browser) www.flashvalet corn Page 1 of 2 Item#27 Susan E. Markley Conditional Use Permit(Short Term Rental) 629 14th Street February 12, 2020 RECOMMENDED FOR DENIAL Ms. Sandloop:Okay, and our last item of business is agenda item number 27. Susan E. Markley, an application for conditional use permit short term rental on property located at 629 14th Street located in the Beach District. Ms. Oliver: Good afternoon. Ms. Markley: Good afternoon. Ms. Oliver: State your name for the record please? Ms. Markley: Susan Markley. I bought 629 14th Street for the sole purpose of running an Airbnb. I bought the property April 30th, 2019. Before I bought the property I researched Virginia Beach, new rules on Airbnb and short term rentals. On page two of five, the stipulation was one off street parking spot will be required for each bedroom. No dimensions were given for the spot, the parking was supposed to be. The first thing I did was extend the driveway to my property line. The driveway can accommodate two cars. I have a picture, I don't have it up there but I have a picture of two cars in the driveway. Because of the nature of my property built around 1928 and only being 600 square feet, it only fits one bedroom queen size bed and the other bedroom is very small. It only fits a bunk bed. So far, only one single family unit has stayed in the cottage at any one time. I have not had more than one vehicle in the driveway since June 1st. And before check in, I always ask how many cars will be arriving and I give detailed instructions regarding pulling the cars in all the way to the edge of the driveway. I understand technically, I don't meet the requirements, but practically my driveway does comply because you can get two cars in there if you pull them both up to the edge of the driveway. Since I bought my little cottage, I have complied with all the rules. I have been a very hands on owner, I dragged the trash cans in every week. I clean the property every week but because of the nature of my property, I can't comply with this one stipulation. But I believe it still could work with the shortcomings, I'm just a little shy of the regulation. So I'm respectfully requesting a special consideration. Thank you. 1 Ms. Oliver: Do we have any speakers? Ms. Sandloop:No ma'am, we do not. Ms. Oliver: We have any questions? No. Mr. Weiner: So we were by your house the other day and there were two cars on the driveway. Then it looked like,there weren't big cars, so it was kind of hard to put. It was hard. It's kind of hard to put two cars on there because it doesn't meet the regulations one second, and we spent couple of years putting these regulations together. It's not like we just came up overnight and said, you got to follow these regulations. Then there's a couple we did last month that I really wasn't happy about passing but we did anyway. That totally nothing looks like yours, but I just don't feel this meets regulations because we have a standard that we have to comply with. Ms. Markley: If I can't run this as an Airbnb, I'm probably going to be forced to make it a yearly rental. Then I think the chances are going to be more so to have more than one car in there because you're going to have more of a family. Mr. Weiner: Understood. Ms. Oliver: I do have to say, we really need, well, I feel very strongly about sticking towards the conditions that we set forth on these Airbnb's and you stated right off the bat that that was the intent for this piece of property when you bought it and April 20th, 2019. We did drive by it unfortunately,code wise, as far as the size of the driveway, according to our city staff it doesn't meet it and I'm sorry for you but we just really that's what we go by now and that's, I feel real strongly about that. Mr. Graham: I agree. Ms. Oliver: Any questions? Thank you. Ms. Markley: Thank you. Ms. Oliver: We are gonna close this hearing now and open it up to the commissioners. Anybody? Mr. Weiner: Okay,we're gonna, I think we're gonna see more and more these come up,we have 100 or so ready to come forward to us and it's going to be hard to do this, but we came up with these stipulations in this ordinance for a reason and I hope that we can follow it through. So with that, I'll recommend denial. Mr. Alcaraz: Second. Ms. Oliver: Great. 2 Ms. Sandloop:The vote is open. By recorded vote of 7-1,agenda item number 27 has been denied. Mr. Wall: Can I amend that? I meant can I amend mine. Ms. Sandloop: We can re-open the vote. Madam Chair, we re-opened the vote, we could vote again. Ms. Oliver: All right. Ms. Sandloop:By recorded vote of 8-0, agenda item number 27 has been denied. Ms. Oliver: Great. That is the last item of the day? Ms. Sandloop:Yes ma'am. AYE 8 NAY 0 ABS 0 ABSENT 1 ALCARAZ AYE BARNES ABSENT 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 629 14th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. 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. 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 3 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 the permitted number of people who may stay overnight(number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the 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. 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,maybe posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven(7)day period. 4 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 ($1,000,000.00) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 5 II ✓'- II 1 y_R� I .„ / t 1 I , , ,' 11 1iil 11',1 .. 11+,1 I''�+I x.�... •�111 ir„ I, 1' 11Ii 111 I; ', 4' ill -I' 011w 1'I f; VI,,'' II 'll i 1 I II 1, �� .;/: ' 10. �I l5, I PPP. 1 I ii I �, %Oil • 111...P Q ....... ir I I T 1I1 I I J , 14'" I+'1$ I, 1 Vv 1 - 1 III 1 ..• ! °at 1 , 1 J, , I I'll 1 O L I• 11,1 �, •, I'll'111'11I'II 'I Il lli �• 111 I I I ji.II Ili ' oil. 11 I 1 } •,I III ',I 'I' '1 ,II ' _ 'i ' I, ,'I 11, II I1IIg1 , �.r .. 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I 1 I1 1 ' ,1• 11 y' fe' 1,1 ,.. . 1'1 , f I, it •'1 I 1 Oil pool° 1 r--1 4004 i I'I tii,' 1111 1'il' 11 11 I,1•1 tl ',,',1' ,I 115', ', 11 II ,„,,, II II I1, 1 1' I 1 ' 'I ' I ' ! II i 11 ,11 '�, 1 I II I I,' 1 I i I'I I1 1 I A+ II I III 11, } i 1 1 •44 W 'II'I I,'1 111 I'1 II 'Iillea •v 0 1 1 1 I 1 n, , ,I ,I II I, '',I 1,1 y ` ,- a) ce W 1. Iii1 'i'i'I 111 +''1 Q.I vol..�V .�a''� .* '�, 0 0. W �•C•� �Wr/ — I . I 'i / 4 rl/�I.�J7 1IIi1 'Ili, 111'11'I IIII II 1, 'i,•,,i ,, l` 14: • Y I i 1 I I i 1 '1'•, \ i, ', II I, I , \ '. W 1 i 1 IV. ADJOURNMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/02/2020 PAGE: 1 B AGENDA E ITEM# SUBJECT MOTION VOTE A L H W B U E J R T 1 0 B CDNOMOO L W 0 O C Y L NOUWS 0 T THE E E S S E O O E T I R Y S S ERNDN I. CITY MANAGER'S BRIEFINGS A. COVID-19 UPDATE Dr.Demetria Lindsay, Director—Virginia Beach Health Department Erin Sutton,Director —Office of Emergency Management B. PUBLIC WORKS DESIGN STANDARDS Phil Pullen,City MANUAL Engineer C. HURRICANE PREPAREDNESS UPDATE Erin Sutton,Director —Office of Emergency Management VI. F. MINUTES APPROVED 10-0 Y Y Y Y Y Y A Y Y Y Y SPECIAL SESSION BY ELECTRONIC MEANS— April 30,2020 May 5,2020 SPECIAL SESSION- May 7,2020 May 12,2020 SPECIAL SESSION BY ELECTRONIC MEANS- May 14,2020 G. BID OPENING I. NON-EXCLUSIVE FRANCHISE FOR 1 BID RECEIVED THE USE OF CITY RIGHTS-OF-WAY- 1 1 PUBLIC HEARING 1. NON-EXCLUSIVE FRANCHISE 2 SPEAKERS Kitty Hawk Wind,LLC ! 1 Ordinance to DECLARE easements at ADOPTED,BY 10-0 Y Y 1 1' Y Y A Y Y Y Y the corner of Market and Columbus CONSENT Streets in EXCESS of the City's needs, CONVEY easements to Stokes Properties,L.L.C.,and AUTHORIZE temporary encroachments re development of hotel at Town Center CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/02/2020 PAGE: 2 B AGENDA ITEM# SUBJECT MOTION VOTE R A L H W W B U E J R T I 0 B C DNOMOOL W 0 O C Y L NOUWS 0 T T HE E E S S E O O E T I R Y S S ERNDN J.2 Resolution to GRANT permits re ALLOW ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y Emergency Medical Services Agencies to CONSENT operate in the City: a. American Lifeline Medical Transport,Inc. b. American Medical Response Mid-Atlantic,Inc. c. Cardinal Ambulance Services,Inc. d. Children's Hospital of the King's Daughters *Vice Mayor e. Delta Medical Transport,Inc. Abstained on J.2.d. f. Endurance Medical Transport,LLC g. Lifecare Medical Transports,Inc. h. Medical Transport,LLC i. Nightingale Regional Air Ambulance,Inc. j. Reliance Medical Transport,LLC k. Robbie's Ambulance Service,Inc. I. Special Event Providers of Emergency Medicine, Inc. m. Tidewater Medical Transport,Inc. K.1 BISHARD FAMILY REAL ESTATE, LLC APPROVED/ 9-1 Y Y Y YYN A Y Y Y Y for a Variance to Section 4.1(j) of the CONDITIONED Subdivision Regulations re subdivide the existing parcel into three (3) lots at 312 Gatewood Avenue DISTRICT 6 — BEACH (Deferred from February 18,2020) K.2 MARTIN & JUNE KERNUTT/ THE APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y KERNUTT FAMILY REVOCABLE LIVING CONDITIONED,BY TRUST for a Variance to Section 4.4(b)of the CONSENT Subdivision Regulations re properly record plat for existing single-family dwelling at 1413 Mill Landing Road DISTRICT 7—PRINCESS ANNE K.3 FRANKLIN JOHNSTON GROUP APPROVED,AS 9-1 Y Y Y Y Y N A Y Y Y Y MANAGEMENT&DEVELOPMENT,LLC/ PROFFERED SECURITY STORAGE&VAN COMPANY OF NORFOLK, VIRGINIA, INC. for a Conditional Change of Zoning from I-1 Industrial to Conditional A-36 Apartment re develop up to 160 multi-family units at 4545 South Boulevard DISTRICT 3-ROSE HALL (Deferred from February 18,2020) K.4 JUDEO-CHRISTIAN OUTREACH CENTER APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y INC for a Conditional Use Permit re single room CONDITIONED,AS occupancy facility and a Modification of AMENDED,BY Conditions re group home at 1049 & 1053 CONSENT Virginia Beach Boulevard DISTRICT 6 — BEACH(Rescheduled from March 17,2020) K.5 KODU,LLC&OCEAN PROPERTIES,LLC APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y for a Modification of Conditions re motor CONDITIONED,BY vehicles sales at 1159 & 1165 Lynnhaven CONSENT Parkway DISTRICT 3 — ROSE HALL (Rescheduled from March 17,2020) K.6 JUSTIN MILEY/JUSTIN& MARGARET APPROVED,AS 10-0 Y Y Y Y Y Y A Y Y Y Y MILEY and CHRISTINE KOMMNICK for a CONDITIONED,BY Conditional Use Permit re residential kennel at CONSENT 3253 Hungarian Road DISTRICT 7—PRINCESS ANNE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/02/2020 PAGE: 3 B AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I O B C D N OM OOL W 0 O C Y L NOUWS 0 T T HE E E S S E O O E T I R Y S SERNDN K.7 SUZANNE NICOLE RUPP / TRAVIS WITHDRAWN,BY 10-0 Y Y Y Y Y Y A Y Y Y Y CHESTER RUPP for a Conditional Use Permit CONSENT re home-based wildlife rehabilitation facility at 1916 Kempsville Crossing Lane DISTRICT 1 -CENTERVILLE(Rescheduled from March 17, 2020) K.8 Ordinance to ADOPT and INCORPORATE ADOPTED 9-1 Y Y Y Y Y N A YYYY . into the Virginia Beach Comprehensive Plan the Virginia Beach Resort Area Strategic Action Plan 2030 and AMEND Sections 1.1 and 1.2 re Resort Strategic Growth Area,as amended on pages 41 and 42(Rescheduled from March 17, 2020) L. APPOINTMENTS- RESCHEDULED B Y C 0 N S ENS US 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION AUDIT COMMITTEE BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH TOWING ADVISORY BOARD WETLANDS BOARD M/N/ ADJOURNMENT 7:30 PM 0