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07-07-2020 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL CP111.,"BEq�, MAYOR ROBERT M. "BOBBY"DYER,At Large �4 f' �$ VICE MAYOR JAMES L. WOOD,Lynnhaven—District 5 0`4.x- JESSICA P.ABBOTT,Kempsville—District 2 >,y�,/ • . MICHAEL F.BERLUCCHI,Rose Hall—District 3 U \�, 5 BARBARA M.HENLEY,Princess Anne—District 7 F LOUIS R.JONES,Bayside—District 4 JOHND.MOSS,At Large AARONR.ROUSE,At Large , ,,.,,°" GUY K.TOWER,Beach—District 6 ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville—District I CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE ACTING CITY MANAGER-THOMAS M.LEAHY VIRGINIA BEACH, VIRGINIA 23456-9005 CITYATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR July 7, 2020 FAX(757)385-5669 CITY AUDITOR—LYNDON S.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 1:00 PM A. PUBLIC HEALTH AND SAFETY UPDATE Dr. Demetria Lindsay, Director—Virginia Beach Health Department Erin Sutton, Director—Office of Emergency Management Steve Cover, Deputy City Manager Tony Zucaro, Interim Police Chief B. COURTHOUSE SECURITY FEE Sheriff Kenneth Stolle C. COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES (CALEA) THE GOLD STANDARD: STRIVING FOR POLICING EXCELLENCE Tony Zucaro, Interim Police Chief II. CITY COUNCIL DISCUSSION III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - City Council Chamber- 4:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES SPECIAL FORMAL SESSION June 16, 2020 INFORMAL and FORMAL SESSION June 16, 2020 SPECIAL FORMAL SESSION June 23, 2020 G. PUBLIC HEARING 1. GRANT OF EASEMENT OVER CITY-OWNED PROPERTY 3,500± sq. ft. of gas pipeline easement to Columbia Gas of Virginia, Inc. (Lake Gaston Pipeline adjacent to Wyatts Mill Road, Greensville County, Virginia) H. FORMAL SESSION AGENDA a. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND City Code Sections: a. 1-12.2 re increase courthouse security fee imposed upon persons convicted of criminal or traffic offenses (Deferred from June 16, 2020) — Requested by Sheriff Stolle b. 2-129 re employee grievances c. 7-58.1 and 7-59.1 re allow operation of motorized scooters in the Resort Area and on the trolley lanes of Atlantic Avenue 2. Resolution to DIRECT the City Purchasing Agent to include a Virginia Human Rights Act Provision in all City contracts (Requested by Council Member Berlucchi) 3. Ordinance to AUTHORIZE a gas pipeline easement across a portion of the City's Lake Gaston Pipeline property located in Greenville County, Virginia to Columbia Gas of Virginia, Inc. and DECLARE such easement to be in EXCESS of City's needs 4. Resolution to ESTABLISH a Community Task Force re evaluate transitioning the Convention & Visitors Bureau to a new organizational structure 5. Ordinance to APPROVE a Cooperative Agreement between the City Council and the School Board re legal services provided to the School Board and School Administration by the City Attorney in FY2021 6. Ordinances re City Appointee Compensation for FY2020-21: a. Acting City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City property known as West Canal located at the rear of 2300 Windward Shore Drive re construct and maintain an existing wharf, boat lift and bulkhead 8. Ordinance to AUTHORIZE temporary encroachments into City-owned Easement over Baylake Beach located at the rear of 4304 Sandy Bay Drive re construct and maintain a beach access walkway with stairs 9. Ordinance to APPROPRIATE $168,700 of Fund Balance from the Police Federal & State Seized Assets Special Revenue Fund to the FY2020-21 Police Operating Budget re equipment and training 10. Ordinance to ACCEPT and APPROPRIATE $39,258,497 from the United States Department of Treasury through the CARES Act re Coronavirus relief J. PLANNING 1. TIMOTHY HANDLON for a Conditional Use Permit re short term rental at 4504 Ocean View Avenue DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. BQ VENTURES, LLC for Conditional Use Permits re short term rentals at 406 23rd Street, Units Al, B1, & B2 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. JOSETTA DANNER for a Conditional Use Permit re short term rental at 518 14th Street COUNCIL DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. KATHLEEN PAIGE SIMMONS & GRANT SIMMONS for a Conditional Use Permit re short term rental at 3608 Dupont Circle DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 5. CREEKSIDE GETAWAY,LLC/DAISY JADE for a Conditional Use Permit re short term rental at 3214 Creekside Drive DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 6. CHRISTOPHER J.MASSARO/CHRISTOPHER J.MASSARO REVOCABLE TRUST for a Conditional Use Permit re short term rental at 209 55th Street DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 7. NICK TREBON for a Conditional Use Permit re short term rental at 421 21 '/2 Street, Unit D DISTRICT 6—BEACH RECOMMENDATION: APPROVAL K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW& ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARIES BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************************** *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to pmcgraw@vbgov.com or call 385-4303. I. CITY MANAGER'S BRIEFINGS - City Council Chamber - 1:00 PM A. PUBLIC HEALTH AND SAFETY UPDATE Dr. Demetria Lindsay, Director—Virginia Beach Health Department Erin Sutton, Director—Office of Emergency Management Steve Cover,Deputy City Manager Tony Zucaro, Interim Police Chief B. COURTHOUSE SECURITY FEE Sheriff Kenneth Stolle C. COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES (CALEA) THE GOLD STANDARD: STRIVING FOR POLICING EXCELLENCE Tony Zucaro, Interim Police Chief II. CITY COUNCIL DISCUSSION III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - City Council Chamber- 4:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES • SPECIAL FORMAL SESSION June 16, 2020 INFORMAL and FORMAL SESSION June 16,2020 SPECIAL FORMAL SESSION June 23, 2020 G. PUBLIC HEARING 1. GRANT OF EASEMENT OVER CITY-OWNED PROPERTY 3,500± sq. ft. of gas pipeline easement to Columbia Gas of Virginia, Inc. (Lake Gaston Pipeline adjacent to Wyatts Mill Road, Greensville County, Virginia) ..„(r. t.f...4c,„.. .„..4„. :,.....,..,,,l.A 4 0 ,. •i,...„0. .,..s, c.,..•;. . • tei PUBLIC HEARING GRANT OF EASEMENT OVER CITY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on the granting of a 3,500±sq.ft. gas pipeline easement to Columbia Gas of Virginia, Inc. across City-owned property located in Greensville County, Virginia, on Tuesday, July 7, 2020 at 6:00 p.m.,in the Council Chamber of the City Hall Building (Building#1)Municipal Center, Virginia Beach, Virginia. The property to be subject to the easement contains the Lake Gaston Pipeline and lies adjacent to Wyatts Mill Road (State Route 608)in Greensville County,Virginia. This hearing will be to obtain public input to determine whether this easement should be declared"excess of the City's needs." If you are physically disabled or (..)1(Y12 visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303: Hearing Impaired,call 711(Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate,Municipal Building#23,Suite 100, (757) 385-4161. Any citizen wishing to make comments virtually during the public hearing should follow a two-step process provided below: •Register for the WebEx at httos://vbgov.webex.com/vbgov /onstage/g.o h o?M T I D=ed 651e 074bd55658334b9ea71d278b •Register with the City Clerk's Office by calling(757)385- 4303 or via email at ABarnesidvbgov.corn prior to 5:30 p.m.on July 7,2020 All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Beacon:June 28,2020 H. FORMAL SESSION AGENDA a. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND City Code Sections: a. 1-12.2 re increase courthouse security fee imposed upon persons convicted of criminal or traffic offenses (Deferred from June 16, 2020) — Requested by Sheriff Stolle b. 2-129 re employee grievances c. 7-58.1 and 7-59.1 re allow operation of motorized scooters in the Resort Area and on the trolley lanes of Atlantic Avenue 2. Resolution to DIRECT the City Purchasing Agent to include a Virginia Human Rights Act Provision in all City contracts (Requested by Council Member Berlucchi) 3. Ordinance to AUTHORIZE a gas pipeline easement across a portion of the City's Lake Gaston Pipeline property located in Greenville County, Virginia to Columbia Gas of Virginia, Inc. and DECLARE such easement to be in EXCESS of City's needs 4. Resolution to ESTABLISH a Community Task Force re evaluate transitioning the Convention & Visitors Bureau to a new organizational structure 5. Ordinance to APPROVE a Cooperative Agreement between the City Council and the School Board re legal services provided to the School Board and School Administration by the City Attorney in FY2021 6. Ordinances re City Appointee Compensation for FY2020-21: a. Acting City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City property known as West Canal located at the rear of 2300 Windward Shore Drive re construct and maintain an existing wharf, boat lift and bulkhead 8. Ordinance to AUTHORIZE temporary encroachments into City-owned Easement over Baylake Beach located at the rear of 4304 Sandy Bay Drive re construct and maintain a beach access walkway with stairs 9. Ordinance to APPROPRIATE $168,700 of Fund Balance from the Police Federal & State Seized Assets Special Revenue Fund to the FY2020-21 Police Operating Budget re equipment and training 10. Ordinance to ACCEPT and APPROPRIATE $39,258,497 from the United States Department of Treasury through the CARES Act re Coronavirus relief [ 04E144 f 4 I! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 1-12.2 Pertaining to the Courthouse Security Fee Imposed Upon Persons Convicted of Criminal or Traffic Offenses MEETING DATE: July 7, 2020 • Background: City Code § 1-12.2 imposes a $10 fee for courthouse security upon any defendant convicted of a criminal or traffic offense. Earlier this year, the General Assembly amended the state law to allow this fee to be increased to $20. This amendment is effective on August 1, 2020. The last time this fee was increased was May 2007. The enabling authority for this fee limits the use of fee revenues. That limitation provides: "The assessment shall be used solely for the funding of courthouse security personnel, and if requested by the sheriff, equipment and other personal property used in connection with courthouse security." This item was deferred by City Council at its June 16th meeting. • Considerations: This ordinance will increase the fee from $10 to $20, effective August 1, 2020. • Public Information: This ordinance will be advertised in the same manner as other agenda items. • Attachments: Ordinance; 2020 Acts of Assembly c. 602 REQUESTED BY SHERIFF STOLLE REQUESTED BY SHERIFF STOLLE 1 AN ORDINANCE TO AMEND SECTION 1-12.2 2 OF THE CITY CODE PERTAINING TO 3 INCREASE THE COURTHOUSE SECURITY 4 FEE 5 6 SECTION AMENDED: § 1-12.2 7 8 WHEREAS, the General Assembly has increased the maximum amount of fee that 9 may be imposed upon a defendant convicted of a criminal or traffic offense for purposes 10 of courthouse security; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 15 1. That Section 1-12.2 of the Code of the City of Virginia Beach, Virginia, is hereby 16 amended and reordained to read as follows: 17 18 Section 1-12.2. —Assessment of court costs for the cost of persons admitted to jail 19 following conviction and costs of courthouse security 20 21 .... 22 23 (b) (1) In addition to any other fees prescribed by law, a fee of ten twenty dollars 24 ($4-0.0020.00) is hereby imposed in each criminal and traffic case in which the 25 defendant is convicted of a violation of any statute or ordinance. The clerks of the 26 district and circuit courts shall charge and collect this assessment as a part of the 27 fees taxed as costs. 28 29 (2) After collection by the clerk of the court in which case is heard, the assessment 30 shall be remitted to the city treasurer and held subject to appropriation by the city 31 council to the sheriff's office for funding courthouse security personnel. 32 33 2. This ordinance shall be effective August 1, 2020. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: ity rney's O ice CA15087 R-2 June 18, 2020 VIRGINIA ACTS OF ASSEMBLY- 2020 SESSION CHAPTER 602 An Act to amend and reenact § 53.1-120 of the Code of Virginia, relating to courthouse and courtroom security; assessment. [S 149] Approved April 2,2020 Be it enacted by the General Assembly of Virginia: 1. That §53.1-120 of the Code of Virginia is amended and reenacted as follows: § 53.1-120. Sheriff to provide for courthouse and courtroom security; designation of deputies for such purpose; assessment. A. Each sheriff shall ensure that the courthouses and courtrooms within his jurisdiction are secure from violence and disruption and shall designate deputies for this purpose. A list of such designations shall be forwarded to the Director of the Department of Criminal Justice Services. B. The chief circuit court judge, the chief general district court judge and the chief juvenile and domestic relations district court judge shall be responsible by agreement with the sheriff of the jurisdiction for the designation of courtroom security deputies for their respective courts. If the respective chief judges and sheriff are unable to agree on the number, type and working schedules of courtroom security deputies for the court, the matter shall be referred to the Compensation Board for resolution in accordance with existing budgeted funds and personnel. C. The sheriff shall have the sole responsibility for the identity of the deputies designated for courtroom security. D. Any county or city, through its governing body, may assess a sum not in excess of 9 $20 as part of the costs in each criminal or traffic case in its district or circuit court in which the defendant is convicted of a violation of any statute or ordinance. If a town provides court facilities for a county, the governing body of the county shall return to the town a portion of the assessments collected based on the number of criminal and traffic cases originating and heard in the town. The imposition of such assessment shall be by ordinance of the governing body that may provide for different sums in the circuit courts and district courts. The assessment shall be collected by the clerk of the court in which the case is heard, remitted to the treasurer of the appropriate county or city and held by such treasurer to be appropriated by the governing body to the sheriffs office. The assessment shall be used solely for the funding of courthouse security personnel, and, if requested by the sheriff, equipment and other personal property used in connection with courthouse security. �t 4., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-129 of the City Code Pertaining to Employee Grievances MEETING DATE: July 7, 2020 • Background: Earlier this year, the General Assembly adopted, and the Governor approved, Senate Bill 868, which amends, effective July 1, 2020, Virginia Code § 15.2- 1507. That Code section pertains to employee grievances, and the new law includes a broadening of the types of discrimination that may be grieved. The state code section, as well as City Code § 2-129, which also concerns employee grievances, currently authorizes employee grievances arising out of alleged discrimination on the basis of race, color, religion, political affiliation, age, disability, or national origin. The new law will add to that list discrimination based on sex, pregnancy, childbirth or related medical conditions, marital status, sexual orientation, gender identity, or status as a veteran. • Considerations: In accordance with the new state law, this ordinance amends City Code § 2-129, effective July 1, 2020, to add, as bases for employee grievances, discrimination based on sex, pregnancy, childbirth or related medical conditions, marital status, sexual orientation, gender identity, or status as a veteran. • Public Information: Public information will be provided through the normal Council agenda process. Recommended Action: Approval Submitting Department/Agency: Human Resources City Manager: I /"'L. 1 AN ORDINANCE TO AMEND SECTION 2-129 OF THE CITY 2 CODE PERTAINING TO EMPLOYEE GRIEVANCES 3 4 SECTIONS ADDED: § 2-129 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That Section 2-129 of the Code of the City of Virginia Beach, Virginia, is hereby 10 amended and ordained to read as follows: 11 12 Sec. 2-129. - "Grievance" defined; determination of grievability. 13 14 (a) A "grievance" shall be defined as a complaint or dispute by an employee relating to 15 his or her employment, including, but not necessarily limited to, the following, and 16 excluding matters listed in subsection (b) below and in section 2-139: 17 (1) Disciplinary actions, including, but not limited to, dismissals, demotions and 18 suspensions; 19 (2) The application of personnel policies, procedures, rules and regulations, 20 including the application of policies, procedures, rules or regulations involving 21 matters referred to in subsection (b)(3) below, where it can be shown that a 22 particular policy, procedure, rule or regulation was misinterpreted or applied 23 inconsistently and that such misinterpretation or inconsistent application affected 24 the employee filing the complaint; 25 (3) Discrimination on the basis of race, color, creed, religion, political affiliation, age, 26 disability, national origin, oc-sex, marital status, pregnancy, childbirth or related 27 medical conditions, sexual orientation, gender identity, or status as a veteran; 28 and 29 (4) Acts of retaliation because the employee has (i) used or otherwise participated in 30 the grievance procedure; (ii) complied with any law of the United States or the 31 Commonwealth of Virginia; (iii) reported any violation of law to a governmental 32 authority; (iv) sought any change in law before the Congress of the United States 33 or the General Assembly; or (v) reported an incidence of fraud, abuse or gross 34 mismanagement. 35 (b) Management retains the exclusive right to manage the affairs and operations of city 36 government. Accordingly, the following complaints are not grievable: 37 (1) The establishment and revision of wages or salaries, position classifications or 38 general benefits; 39 (2) Work activity that (i) is accepted by the employee as a condition of employment; 40 (ii) is part of the job description; or (iii) may be reasonably expected to be a part 41 of the job content; 42 (3) The contents of ordinances, statutes or established personnel policies, 43 procedures, rules and regulations; 44 (4) Failure to promote, except where the employee can show that established 45 promotional policies or procedures were not followed or applied fairly; 46 (5) The methods, means and personnel by which work activities are to be carried on; 47 (6) Termination, layoff, demotion or suspension from duty because of lack of work, 48 reduction in work force or job abolition, except where such action affects an 49 employee who has been reinstated within the previous six (6) months as a result 50 of the final determination of a grievance. Such action shall be upheld upon a 51 showing that: (i) there was a valid business reason for the action and (ii) the 52 employee was notified of such reason in writing prior to the effective date of the 53 action; 54 (7) Administrative termination as defined in section 2-114(f); 55 (8) A non-disciplinary oral counseling; provided the oral counseling has not been 56 reduced to writing and included in the employee's official personnel file 57 maintained by the department of human resources; 58 (9) The measurement and assessment of work activity through a performance 59 feedback/evaluation; except where the employee can show that the 60 feedback/evaluation was arbitrary or capricious; 61 (10) The hiring, promotion, transfer, assignment, and retention of employees within 62 the city; 63 (11) The relief of employees from their duties in the case of an emergency; and 64 (12) Management's rights as outlined in section 2-139. 65 (c) If there is a question of grievability, either the grievant or management must contact 66 the director of human resources immediately, in writing, to request a determination of 67 grievability. The question of grievability may only be raised after the grievance has 68 been placed in writing (step 2) but before a personnel board hearing has been 69 convened. A decision regarding whether or not a matter is grievable shall be made 70 by the city manager or the director of human resources within ten (10) consecutive 71 calendar days of receipt of the request in writing. The decision of the city manager or 72 the director of human resources as to grievability may be appealed to the circuit court 73 pursuant to section 15.2-1507(9) of the Code of Virginia, as amended, for a hearing 74 by filing a notice of appeal with the director of human resources within ten (10) 75 consecutive calendar days of the grievant's receipt of the decision. Within ten (10) 76 consecutive calendar days of the filing of the notice of appeal, the city shall transmit 77 to the clerk of the court and the grievant a copy of the decision, a copy of the notice 78 of appeal and the exhibits. A list of any evidence furnished to the court shall also be 79 furnished to the grievant. Failure of the city to transmit the record to the circuit court 80 will not prejudice the grievant's right of appeal. Within thirty (30) calendar days of 81 receipt of such records by the clerk, the circuit court, sitting without a jury, will hear 82 the appeal on the record transmitted and the circuit court may accept additional 83 evidence as may be needed to resolve any controversy as to the correctness of the 84 record. The circuit court, in its discretion, may receive such other evidence as the 85 ends of justice require. The court may affirm, reverse, or modify the decision of the 86 city. The decision of the court, which will be rendered no later than fifteen (15) 87 calendar days from the date of conclusion of the hearing, is final and not appealable. 88 89 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 90 VIRGINIA BEACH, VIRGINIA: 91 92 That the effective date of this ordinance shall be July 1, 2020. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Human Resources City Attorney's Office CA15079 R-1 June 2, 2020 r" 47 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 7-58.1 and 7-59.1 of the City Code to Allow the Operation of Motorized Scooters in the Resort Area and on the Trolley Lanes of Atlantic Avenue MEETING DATE: July 7, 2020 • Background: Over the past year, City has worked to create a safer environment to accommodate the continuously evolving shared mobility services transportation options, while taking the following issues into account: • Public safety and use compatibility with people, property and the environment; • Mobility choices for residents and visitors; • Management of the curbside and other public right-of-way/property; and • Relationships to public transportation options and public and private parking. During the resort season, it is currently unlawful for any person to ride an electric personal assistive mobility device, electric power-assisted bicycle, moped, motorized skateboard or motorized scooter on Atlantic Avenue. During the Council's January 7, 2020 briefing, staff outlined a number of regulations that would help improve safety and the shared mobility environment in the Atlantic Avenue corridor. Those additional regulations include: allowing motorized scooters to operate in the Atlantic Avenue trolly lanes; restricting the speed of shared motorized scooters to 10 mph; create scooter corrals; and adding regulatory signage for enforcement. A request for proposal process was initiated and managed in January and February 2020 that set forth new regulations that shared motorized scooter use would have to abide by if they were to operate in public rights-of-way and spaces. On May 19, 2020, the City Council granted franchise licenses to the four (4) motorized scooter companies on the conditions that they adhere to numerous regulations each would agree to through signing the franchise agreement and that the licenses would not be implemented until the City entered into Forward Virginia Phase 3. With Phase 3 commencing on July 1, 2020, the City is working with the four companies to implement their shared mobility programs. • Considerations: The attached ordinance amends § 7-59.1 of the City Code pertaining to riding wheeled devices or vehicles in the Resort Area to provide: Notwithstanding the prior subsection, motorized scooters may be operated on the trolley lanes of Atlantic Avenue if riders adhere to the 10 mph speed limit. The Code change would help balance Police enforcement resources to keep the scooters off of the Boardwalk, bike path and Atlantic Avenue (other than the trolley lanes), Pacific Avenue and perpendicular streets' sidewalks, while allowing some mobility choice in the Resort Area. Additionally, the ordinance makes two housekeeping type changes. First, it amends § 7-58.1 of the City Code to allow scooters owned by private citizens and scooters that are rented from fixed business locations to operate . One of the primary concerns resulting from the dockless, app-based business model - scooters left in the right of way - are not directly applicable to operator-owned scooters and scooters rented from a fixed business location. Second, the ordinance amends § 7-58.1 to allow the City Manager or designee to issue permits that allow an electric powered utility carts along Atlantic Avenue. This type of activity is sometimes needed for load in and load out of large special events. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance. Recommended Action: Approval Submitting Department/Agency: Office of the City Manager17701- City Manager: JL 1 AN ORDINANCE TO AMEND SECTIONS 7-58.1 AND 7- 2 59.1 OF THE CITY CODE TO ALLOW THE OPERATION OF 3 MOTORIZED SCOOTERS IN THE RESORT AREA AND ON 4 THE TROLLEY LANES OF ATLANTIC AVENUE 5 6 Sections Amended: 7-58.1 and 7-59.1 7 8 WHEREAS, in August, 2019, the City Council adopted an ordinance to remove 9 scooters from the Resort Area of the City, and that action removed an earlier 10 authorization to utilize the trolley lanes of Atlantic Avenue; 11 12 WHEREAS, in November, 2019, the City Council adopted an ordinance requiring 13 a franchise for companies that offer scooters for hire in City rights-of-way to obtain a 14 franchise from the City to operate; 15 16 WHEREAS, the City Council approved four scooter franchises, and the execution 17 of such agreements was held until the Governor moved to Phase 3 of Forward Virginia; 18 19 WHEREAS, to allow the scooters to operate on the trolley lanes of Atlantic 20 Avenue, an ordinance is required to provide such authorization; 21 22 WHEREAS, the exceptions to Resort Area restriction on scooters requires 23 amendment to include operator-owned scooters and scooters rented from fixed 24 business locations. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 27 CITY OF VIRGINIA BEACH, VIRGINIA: 28 29 Sections 7-58.1 and 7-59.1 of the City Code of the City of Virginia Beach is 30 hereby amended and reordained to read as follows: 31 32 Sec. 7-58.1. — Motorized scooters. 33 34 (a) In addition to all other regulations set forth by this article, it shall be 35 unlawful for any person to operate a motorized scooter in the area 36 bounded by the east side of Arctic Avenue on the west, the Atlantic 37 Ocean on the east, Rudee Loop to the south, and the north side of 42nd 38 Street to the north, unless the motorized scooters is rented from a fixed 39 business location or owned by its operator or a licensee as set forth in 40 section 7-58.2. 41 42 .... 43 44 Sec. 7-59.1. - Regulations pertaining to riding wheeled devices or vehicles in the 45 resort area. 46 47 (a) During the resort season, it shall be unlawful for any person to ride an 48 electric personal assistive mobility device, electric power-assisted 49 bicycle, moped, or motorized skateboard on Atlantic Avenue. 50 51 (b) Notwithstanding the prior subsection. motorized scooters may be 52 operated on the trolley lanes of Atlantic Ave if riders adhere to the 10 mph 53 speed limit. 54 55 j( It shall be unlawful at any time for any person to ride on any sidewalk 56 in the resort area an all-terrain vehicle, a bicycle, electric power-assisted 57 bicycle,electric personal assistive mobility device, motorized skateboard, 58 skateboard, scooter, or any pedal-powered vehicle that is muscle- 59 powered or any muscle-powered device. However, the use of roller 60 blades and roller skates is permitted. A violation of this sub-section shall 61 be punished by a civil penalty of not more than fifty dollars ($50.00). 62 63 (-6) It shall be unlawful at any time to operate an electric powered utility 64 cart on Atlantic Avenue or upon the sidewalks along Atlantic Avenue,. 65 unless a permit is issued by the city manager or designee to do so. An 66 electric powered utility cart may be operated on any sidewalk in the resort 67 area other than Atlantic Avenue and may cross Atlantic Avenue for the 68 purpose of accessing the boardwalk or beach. Adopted by the Council of the City of Virginia Beach, Virginia on the day of _--- , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -------------------- City Manager's Office o y's Office CA151 a1 R-2 June 26, 2020 • t�S y7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Direct the City Purchasing Agent Include a Virginia Human Rights Act Provision in all City Contracts MEETING DATE: July 7, 2020 • Background: In 1995, in furtherance of City Council's commitment to its established policy of equal opportunity and nondiscrimination in City procurement, City Council enacted City Code provisions to help ensure that minority-owned businesses are made aware of City contracting opportunities. The City Council's leadership on advancing inclusive procurement practices includes the implementation and funding of the disparity study's recommendations. In its 2020 Session, the General Assembly amended the Virginia Human Rights Act. This Act now includes protections against discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical condition including lactation, age, status as a veteran, or national origin. • Considerations: The Virginia Public Procurement Act includes a boilerplate antidiscrimination provision that is required to be inserted in all contracts. The City's commitment to inclusive procurement practices should reflect the full breadth of protections provided by the Virginia Human Rights Act. Accordingly, the attached resolution directs the City's Purchasing Agent to include a provision in all City contracts that requires City vendors and contractors comply with the Virginia Human Rights Act, as amended. • Public Information: Normal Council Agenda process. • Attachments: Resolution REQUESTED BY COUNCILMEMBER BERLUCCHI REQUESTED BY COUNCILMEMBER BERLUCCHI 1 A RESOLUTION TO DIRECT THE CITY PURCHASING 2 AGENT INCLUDE A VIRGINIA HUMAN RIGHTS ACT 3 PROVISION IN ALL CITY CONTRACTS 4 5 WHEREAS, the City Council is committed to inclusive procurement practices that 6 allow diverse businesses to participate in City contracting; 7 8 WHEREAS, the City Council recently implemented all of the recommendations 9 of the City's first disparity study and funded these priorities in the FY2020-21 Operating 10 Budget; 11 12 WHEREAS, the City Council desires to further state its intention to support 13 inclusive purchasing practices by directing the City Purchasing Agent to include a 14 provision in all City contracts that requires City vendors comply with the Virginia Human 15 Rights Act; 16 17 WHEREAS, as recently amended by the General Assembly, the Virginia Human 18 Rights Act includes protections against discrimination on the basis of race, color, 19 religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or 20 related medical condition including lactation, age, status as a veteran, or national origin. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Purchasing Agent shall include a provision in all City contracts that 26 requires City vendors and contractors comply with the Virginia Human Rights Act, as 27 amended. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: A rney's Office CA15103 R-3 June 30, 2020 I ,(....,) �ntn-BEq� • f6 lsi , f�-t CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to authorize granting a 20'-wide (3,501 sq. ft.) gas pipeline easement across a portion of the City's Lake Gaston Pipeline property located in Greensville County, Virginia to Columbia Gas of Virginia, Inc. and declaring such easement to be in excess of the City's needs. MEETING DATE: July 7, 2020 • Background: The City of Virginia Beach owns and maintains the Lake Gaston Pipeline, which extends from Brunswick County to Isle of Wight County (the "Pipeline"). The Pipeline provides water from Lake Gaston to the City of Virginia Beach. A part of the Pipeline lies within a strip of land (also called a right-of-way) crossing a portion of Greensville County, Virginia. The section of right-of-way that will be affected is adjacent to the western right-of-way line of Wyatts Mill Road (State Route 608) (the "Property"). Columbia Gas of Virginia, Inc. ("Columbia Gas") has requested a 20'-wide gas pipeline easement (3,501+/- sq. ft. /0.0804 acre) across a portion of the Property to install an 8" buried gas pipeline that will serve the Greensville Correctional Center. • Considerations: Granting an easement over a portion of the Property to Columbia Gas would not interfere with or limit the City's use of the Pipeline. No payment is being required for the conveyance of this Easement. Although the Department of Public Utilities may consider requiring payment for future easement requests to cover staff time, consultant review, and appraisal costs, the City has not charged for previous easements. • Public Information: Advertisement of Public Hearing and public notice via the normal City Council agenda process. • Alternatives: Deny the easement, or add conditions as desired by Council. • Recommendations: Approval. • Attachments: Ordinance, Summary of Terms, Plat of Proposed Easement, Pipeline Design Plan, and Disclosure Statement Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate City Manager: /,,� 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE GRANTING A 20'- 4 WIDE (3,501 SQ. FT.) GAS PIPELINE EASEMENT 5 ACROSS A PORTION OF THE CITY'S LAKE GASTON 6 PIPELINE PROPERTY LOCATED IN GREENSVILLE 7 COUNTY, VIRGINIA TO COLUMBIA GAS OF VIRGINIA, 8 INC. AND DECLARING SUCH EASEMENT TO BE IN 9 EXCESS OF THE CITY'S NEEDS 10 11 WHEREAS, the City of Virginia Beach owns and maintains the Lake Gaston 12 Pipeline, which extends from Brunswick County to Isle of Wight County(the"Pipeline"), and 13 provides raw water from Lake Gaston to the City of Virginia Beach; 14 15 WHEREAS, a portion of the Pipeline lies within property the City owns at the 16 intersection of the Pipeline right-of-way with Wyatts Mill Road (State Route 608) in 17 Greensville County, Virginia (the "Property"); 18 19 WHEREAS, Columbia Gas of Virginia, Inc. ("Columbia Gas") has requested 20 that the City grant it a 20'-wide easement (the"Easement") across a portion of the Property 21 consisting of 3,501 sq. ft. +/- (0.0804 acres), in the location shown on the plat attached 22 hereto as Exhibit A and made a part hereof, for the purpose of installing and maintaining an 23 8" buried gas pipeline that will serve the Greensville Correctional Center; and 24 25 WHEREAS, Public Utilities has advised that granting the Easement will not 26 interfere with the City's operation of the Pipeline. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 29 CITY OF VIRGINIA BEACH, VIRGINIA: 30 31 That the Easement is hereby declared to be in excess of the City's needs, 32 and the City Manager is hereby authorized to execute the necessary documents to grant 33 the Easement as shown on the plat attached hereto as Exhibit A and made a part hereof; 34 and 35 36 That the documents granting the Easement shall be consistent with the 37 Summary of Terms attached hereto as Exhibit B and made a part hereof, with such other 38 terms, conditions or modifications as may be acceptable to the City Manager and in a form 39 deemed satisfactory by the City Attorney. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 42 day of , 2020. 43 44 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF 45 ALL COUNCIL MEMBERS ELECTED TO COUNCIL 1 CA 14682 R-1 PREPARED: 6/9/20 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d0151p035100645311.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE CITY A ORNEY APPROVED AS TO CONTENT: PUBLIC UTILITIE NGINEERING 2 91-11-1&1 OZOZ/V0/90 0-9i0-313-0 mo.ar 000a-151-r0a 11Y3 0 arN m 0Z0Z/rl/s0 z64-4rc[-wa 4240 0 a 4b _ JV1 roomer GLarlrarz VA•a3153'n 377N vu.N3N >rrn 0r 17YASY03�610Z/LZ/90 OrUW Q3114SNC S- S410 `I'�j�9 7d S1r3somw0.01Y15Y00 ol uON )Idt MI NOW RNdO Yr0 _ Y. ..pp,,,, u A A8 )Ni VI YMIONN!O Alp 3Hl{tONd(skawsio WO :7 ^' ...."N' 7.--- our-armor-aae-�sl 031/1/IOJr 36 Ql 1N3M35Y3 JNNIONS 1Y7d L.,.._ �{. ,,,, r»'or. !f o oa-acru idol. 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't— 'd'S 109E 3110i000V y.i Aron 5 �'D,ea +4 1N3W3SV3 3N173dId 311•130M ONV oVr1 1331 Awns sn N1 035S31k911 39r MOW 53/rnen $ 8Y0 301M .OZ '^'O AO1'"s 31 VNON000 NANO OW OWN 3NI0L Nuns "0� ✓" WRVS 3/VNION300 3NY 3 MOW' Y.S OW 3N1 `V J "a'✓e NO 0 S1 t rld A WO Stl4 30a MYIIIGIN 311. � S .10sr 1 .Arf•1NZN N .O-io' O TF`b '� a, ti ,I. .3313ad A3ddlS 1131YII SAW N3151.0 3m AI.acl4SLr N 353H00Y NNONN ON f9Y 'Od'IL1 8'0 _ 8-11 Nl HOV38 YINpMA if. Nip- .o ADD 316 Y 3.re, .m S M.rL•1).0 N 0CZ000010'II-I 33901010011 317 till WA 377 N� *OM 03• 310N 335 ab' EHz .salggel EXHIBIT "B" SUMMARY OF TERMS GRANTOR: City of Virginia Beach GRANTEE: Columbia Gas of Virginia, Inc. EASEMENT: 20'-wide gas pipeline easement, consisting of 3,501 sq. ft., or 0.0804 acres, more or less, crossing the City's right-of-way housing the City's Lake Gaston Raw Water Pipeline and lying adjacent to the western right-of-way line of Wyatts Mill Road (State Route 608) in Greensville County, Virginia (the "Easement") CONSIDERATION: No consideration will be required CONDITIONS OF SALE: • The Grantor shall have the right but not the obligation to repair or remove the Grantee's facilities in the Easement in the event of an emergency, public necessity or public safety, and Grantee shall bear all costs and expenses of such repair or removal. • The Grantee shall indemnify, hold harmless and defend the City and its agents and employees from all claims, damages, losses and expenses in case it shall be necessary to file or defend an action arising out of the Grantee's use of the easement. • No construction or maintenance of facilities, other than those specified in the Deed of Easement will be permitted. • Grantee must notify the City within at least 48-hours of construction within the right-of-way to arrange for a City representative to be on-site to oversee the construction. • If any utility conflicts are determined between the Easement and the City's use of the existing water line, work shall not commence until the City's Public Utilities Department approves all construction plan revisions. • Grantee may not charge Grantor any fees or costs for future requests to encroach into to the Easement, if any, and shall review all such requests promptly. 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Q ZIIII� E � 8 a, 3=� � . Z o ? w11110. 1118 � � o Z olio v." eg X o o a� i F-�F 1 CO,, o ZIIIP: : o O uj a W -mull * ¢ O a x a o i s 11iiii- �I ; i - i , ) ,r , om. `. V p i. ili F ' iii. -z t o try, ` I pi. , � wi f 40, lir 4iriolitinlito V a 3 4ii -40, Y 11 s ' NiSource Lry�p,�l-�' tIP vie.' ,_:4* __-S-_ - �� Townes _,G. _- �_ -/ ') 81TE ENGINEERING 1 I Part xaee Circle Sy.100 Pxcle ee01 Ix ( )es��P NOW c.o.., :�U ceb^ . ''' 811 o tO ee'PROPOSED PGEI r e. ' WS EASEN W V) SI.IO _�T— l i Know what's below. w Call before you dig. I, rote os 0 PRELIMINARY © NOT FOR ' , ! cr GRAPHIC SC� CONSTRUCTION .rI3 ,T 1 P (6► ,) — — —— I Inch- eon REVISIONS 11 1, S ' �� ''z t 6 d f 11 // l a �• .roMpr14 D ,� it I r li V " r e1 1 .WRRATT iiirI ; J,c}KE (��}STOt J ( 41 1 - PIPE L.I AI 1 ! 10f� �"�� 1lY.I 617E o®C�BOW i —" PIPELINE DESIGN r r I— ———— MEDBri mamma — oAerm -->4)\ CENT oREENSVII II BmmOrf ro(PARER — i coRAEt 1 CEOC9Bf / NAME DATE PHONE* ENVIRONMENTAL DESIGN —W— SCALE: ECCESINED BII MOWS H USTON I — S4-746.011 EC p4WASBY MCP I — I ee47N101, _ --- ECDMBf LACEYDOMA° 1 — i tnlzlo®A NAME 1 DATE PHONE. MATE SATE NAME 6' C.otar--,\ .00 78 \ /-- eNist JO# 1 6-0371 1 64-00 PROJ# 11-02989 —ems—OAS—INS—OM—MS_ OM-_=_,A$—as—rWAs—as cns_ Vat NUE ooc Ntt D'COVER �-Goe line I8'min. G+BEEN6w oNEENSLEVILLE COUNTY,VA RIPS impaction from venter'foe \PROPOSED 8' HOP GAMINE DRAWING TITLE: VA Beach Wolfe line,60'dia.Top Depth 153.7e EC,PROFILE,AND LAYOUT NTS PLANS DRAWING NO VA BCH WL _ /1C�L - CE _ Townes --_: ,, '� f ••"- +e� ,+' \\ / ————._`rates_ s. © �"-- .. _ _ IV '4 — \�' X ' ` 0 \ t — '°' ram._ — _7 " .- ems. _ 811 1\� \ Know what',below. 11 before1 \ ,�," Callbeforeyou dig. �'"' °'- v� PRELIMINARY ��'' , ��_ � - �\ �` NOT FOR �' ; v� .' �� GRAPHIC SCAR CONSTRUCTION IIIVISIONII FE CONTOURS TAKEN FROM USGS GERMANNA BRIDGE QUADRANGLE. SURVEY INFORMATION PROVIDED BY COASTAL CONSULTANTS. urCSna PIPEUNE DESIGN w.e aeon warn f BMNE DM NONE• ENVIRONMENT I.D IGN --- SCALE raper nwwnonww. - ,.e t fOoe um NYE DM NOW• r' 81E NA,[: JO#16-0371164-00 PROJ#11-02989 --� we—w-w w.—w.. .OM lit w 11r-.w w—w,—w w Mew w—w en (.. iI. •BeoM wo "."waits DRAWING IDLE. EC,PROF LE,AND LAYOUT PLANS DRAWING NO P-9 IVB Virginia Beach APPLICANT'S NAME Columbia Gas of Virginia, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City 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). APPLICAN i NU i it it Ut ,rtARING DATE: ❑ NO CHANGES AS OF DATE: 0 REVISIONS SUBMITTED DATE VB 11111, Virginia Beach ✓'�r� nCheck 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: Columbia Gas of Virginia, Inc. 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) Brent Archer (President & C00), Philip D. Wilson (Vice President & GM), Donald E. Brown (CFO), Anne Marie D'Angelo (Secretary (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) NiSource Inc. (Parent Company) 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. I I 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 7 441\B Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "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 • APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) n n Accounting and/or preparer of I I I I your tax return n n Architect / Landscape Architect / Land Planner Contract Purchaser (if other than X the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ X purchaser of the subject property (identify purchaser(s) and purchaser's service providers) nu Construction Contractors Mid-Ohio Pipeline Company, Inc. Xn Engineers / Surveyors/ Agents Townes Site Engineering, P.C. Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XLegal Services Columbia Gas of Virginia, Inc. Real Estate Brokers / Columbia Gas of Virginia, Inc. X n Agents/Realtors for current and Coastal Consultants, PC 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 Inl 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 lit/B 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 pI cation. ---\4\ :4;\/ ----7 d2 X-0,1 A . rc-,ol`r PPLI NT'S SIGNAT RE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of your tax return 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) Construction Contractors Engineers / Surveyors/ Agents Financing (include current n n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n ❑ 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 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 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. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 t`u ii0c°icy. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Establishing a CVB Community Task Force to Evaluate Transitioning the Convention & Visitors Bureau to a New Organizational Structure MEETING DATE: July 7, 2020 • Background: At the City Council's retreat in February 2020, the City's consultant, Bill Hanbury with Academy Street Collaboration, presented initial findings of his analysis and recommendations for management of the Convention &Visitors Bureau ("CVB"). The consultant recommended the establishment of a Community Task Force to evaluate transitioning the CVB to a new organizational structure with three (3) distinct alternatives: 1) remain within the City government; 2) hybrid public-private foundation or authority; or 3) public-private nonprofit. The City Council believes it would be helpful to receive recommendations from a task force composed of subject-matter experts and stakeholders as well as citizen representatives. The attached resolution establishes the CVB Community Task Force with the following membership: two City Council members; a Resort Advisory Commission representative; two Virginia Beach Hotel Association representatives; a Restaurant Association representative; a Central Business District Association representative; three business representatives from other industry sectors; and three citizens from across the City. ■ Considerations: The goal of the task force shall be to evaluate the three potential alternative new organizational structures and make recommendations to the City Council on the best path forward, provide input on the qualities sought in a new CVB Director or chief executive officer; and perform any additional duties assigned to the Task Force by the City Council. • Public Information: This item will be advertised in the same manner as other agenda items. • Attachment: Resolution. Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager: TVA-- 1 A RESOLUTION ESTABLISHING A CVB COMMUNITY 2 TASK FORCE TO EVALUATE TRANSITIONING THE 3 CONVENTION & VISITORS BUREAU TO A NEW 4 ORGANIZATIONAL STRUCTURE 5 6 WHEREAS, at the City Council's retreat in February 2020, the City's consultant, 7 Bill Hanbury with Academy Street Collaboration, presented initial findings of his analysis 8 and recommendations for management of the Convention & Visitors Bureau ("CVB"); 9 10 WHEREAS, the consultant recommended the establishment of a Community Task 11 Force to evaluate transitioning the CVB to a new organizational structure with three 12 distinct alternatives: 13 14 1 . Remain within the City government; 15 2. Hybrid public-private foundation or authority; or 16 3. Public-private nonprofit; and 17 18 WHEREAS, the City Council believes it would be helpful to receive 19 recommendations from a task force composed of subject-matter experts and 20 stakeholders as well as citizen representatives. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 1. That the City Council hereby establishes the CVB Community Task Force. 26 27 2. That the task force shall serve in an advisory capacity to the City Council, 28 and the City Council shall appoint its members. 29 30 3. That the task force shall consist of: 31 • Two City Council members; 32 • A Resort Advisory Commission representative; 33 • Two Virginia Beach Hotel Association representatives; 34 • A Restaurant Association representative; 35 • A Central Business District Association representative; 36 • Three business representatives from other industry sectors; and 37 • Three citizens from across the City. 38 39 4. That the goal of the task force shall be to evaluate the three potential 40 alternative new organizational structures listed above and make recommendations to the 41 City Council on the best path forward, provide input on the qualities sought in a new CVB 42 director or Chief Executive Officer; and perform any additional duties assigned to the 43 Task Force by the City Council. 44 45 5. That the task force shall report back to the City Council with its 46 recommendation on a new organizational structure no later than the last City Council 47 meeting in October. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office City Attorney's Office CA15104 R-3 June 26, 2020 c \ y J CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Approving a Cooperative Agreement between the City Council and the School Board of the City of Virginia Beach Pertaining to Legal Services to be provided to the School Board and School Administration by the Office of the City Attorney in Fiscal Year 2021 MEETING DATE: July 7, 2020 • Background: Since 1996, the City Council has entered into a Cooperative Agreement for the City Attorney to provide legal services to the School Board. Each year, the Agreement is presented to the City Council for approval. On June 23, 2020, the School Board approved the attached Cooperative Agreement. • Considerations: Under the Cooperative Agreement between the City Council and the School Board, the City Attorney's Office will continue to provide legal services to the School Division and will be reimbursed for the direct cost of those services. One Deputy City Attorney (Kamala H. Lannetti), two Associate City Attorneys (Dannielle Hall- Mclvor and Matthew R. Simmons), one paralegal (Anna Cleveland), and one office assistant (Bonnie C. Mcghee) are located in the School Administration Building. The Deputy City Attorney coordinates the delivery of additional legal services, as needed, by other attorneys in the City Attorney's Office, as well as outside counsel. • Public Information: The ordinance will be advertised as a routine agenda item. • Recommendation: It is recommended that the City Council approve the Cooperative Agreement and authorize Mayor Dyer to execute it on behalf of the City Council. • Attachments: Ordinance, Cooperative Agreement Recommended Action: Approval Submitting Department/Agency: City Attorney tie; City Manager: IA L 1 AN ORDINANCE APPROVING A COOPERATIVE 2 AGREEMENT BETWEEN THE CITY COUNCIL AND 3 THE SCHOOL BOARD OF THE CITY OF VIRGINIA 4 BEACH PERTAINING TO LEGAL SERVICES TO BE 5 PROVIDED TO THE SCHOOL BOARD AND SCHOOL 6 ADMINISTRATION BY THE OFFICE OF THE CITY 7 ATTORNEY IN FISCAL YEAR 2021 8 9 WHEREAS, the Office of the City Attorney has, for a number of years, provided legal 10 services to the Virginia Beach School Board and School Administration pursuant to 11 Cooperative Agreements; and 12 13 WHEREAS, City Council agrees that it is in the best interests of the City and the 14 School Board for the Office of the City Attorney to continue to provide legal services to the 15 School Board pursuant to the revised Cooperative Agreement for FY 2021 . 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1 . That the City Council hereby approves the Cooperative Agreement for FY 21 2021 , a copy of which is attached hereto. 22 23 2. That the Mayor is hereby authorized to execute the Cooperative Agreement 24 on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney Mark D. Stiles CA15100 R-1 June 24, 2020 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2021 Factual Background: 1. City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter")provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City,and that he shall have such powers and duties as may be assigned by the City Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution,the City Charter,and provisions of general law,and is a body corporate vested with all of the powers and duties of local school boards conferred by law,including the right to contract and be contracted with, to sue and be sued, and to purchase,take,hold,lease, and convey school property both real and personal. 4. School Board Authority to Hire Legal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recognized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers,expertise of the City Attorney's Office in City Council and School Board matters, institutional memory, and the ability of the City Attorney's Office to Page 1 of 7 provide a wide range of legal services to the School Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judgment of City Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the City Council and School Board may arise and that,in such cases,the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present,and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Objectives: The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board,to provide for the delivery Page 2 of 7 of designated legal services to the School Board,and to avoid any real or perceived conflict in the delivery of those services. Agreement: NOW,THEREFORE,the City Council and the School Board hereby agree as follows: 1. Legal Staffing. The Office of the City Attorney will provide the equivalent of three and one half(3 '/2) attorney positions,one(1)paralegal position,and one(1)office assistant during FY2021. The services to be provided as follows: A. The City Attorney will assign three attorneys on-site at the School Administration Building for provision of legal services to the School Board and the School Administration. As determined by the City Attorney, the attorneys will devote substantially all of their time to the provision of legal services to the School Board and School Administration. For the term of this Agreement,those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and Dannielle Hall-Mclvor, Associate City Attorney,and Matthew R. Simmons,Associate City Attorney. The City Attorney reserves the right to reassign attorneys to meet the legal needs of the School Board and School Administration in accordance paragraph 1D. B. The City Attorney will dedicate one Paralegal on-site at the School Administration Building who will devote substantially all of his/her time to the support of legal services to the School Board and School Administration. C. The remaining attorney hours will be provided by the other attorneys in the Office,based upon their various areas of expertise with school-related legal issues, student services, real estate matters, human resources and employee benefits matters, contracts, general administrative and procedural issues, litigation, and Page 3 of 7 other legal matters. Attorneys assigned to handle School Board matters will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in-house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the assigned attorneys shall be mutually agreed upon by the City Attorney and the School Board. Additionally,if a majority of the Members of the School Board expresses dissatisfaction with the legal services provided by the assigned attorney,or by any other attorney providing services to the School Board,the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Board,the City Attorney will use his best efforts to make such an assignment(s)as soon as possible. 2. Communication and Reports. Throughout the term of this Agreement,the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent,and will keep each apprised,on a regular basis,of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board Members in arrordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of the City Page 4 of 7 Attorney will provide the Superintendent and the School Board an annual report of the legal services and attorney hours provided pursuant to this Agreement and,upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board Members. 3. Management of Legal Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the mini Bement of its legal matters; that, to the extent contemplated by this Agreement,the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration,and shall assist the School Board and School Administration in the management of the School Board's legal matters;and that the City Attorney or his designee shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concerning Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney,and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally,the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but,to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar,will continue representation of the City Council. 5. Ability to Provide Legal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement,and ethical constraints as they may arise. Page 5 of 7 6. Nature of Agreement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of$644,777.40 from its FY 2021 Operating Budget to the FY 2021 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of three and one half(3.5) attorneys, one (1) Paralegal, and one (1) Office Assistant. IDT requests of 50%of the total shall be made by the City and funds transferred by the School Board on or about July first and January first. 8. Term and Termination of Agreement. This Cooperative Agreement chall commence with the fiscal year of the parties which begins July 1,2020 and ends June 30,2021, and maybe revised,as necessary,and renewed each fiscal year thereafter;provided,however,that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty(120)days of the date of expiration of this Agreement,or any renewal hereof; in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. Page 6 of 7 The parties hereby agree to the terms set forth above. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH By: 'rr p Carol Rye,CF{ ir School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach,Virginia on June 23 .2020. By.. 64zwws. t School Board Clerk CITY COUNCIL OF THE CITY OF VIRGINIA BEACH By. Robert Dyer,Mayor City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach,Virginia on ,2020. By City Clerk Page 7 of 7 Nu".•[ /8' ,t, " i s . Yi c;; CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEMS: Ordinances Pertaining to the Compensation of the Acting City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE July 7, 2020 • Background: City Code § 2-89 provides that the City Council shall determine, on an annual basis, the compensation of the City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. • Considerations: The budget ordinances adopted by City Council in May 2020 provide, for all full-time employees, compensation shall remain at the current amount, effective with the pay period that includes July 1, 2020. The compensation of the Council appointees, however, is established by these ordinances. ■ Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Five ordinances Requested by City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE ACTING CITY 3 MANAGER 4 5 WHEREAS. Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council: 8 9 NOW. THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That the current base annual salary of the Acting City Manager is and shall remain 13 at $196,081.60. and during the remaining term of his Acting capacity, his salary shall 14 continue to be increased by 10%. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of . 2020. APPROVED AS TO LEGAL SUFFICIENCY: Roderick R. Ingram City Attorney's Office CA15078 R-1 June 5. 2020 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY ATTORNEY 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That the current base annual salary of the City Attorney is and shall remain at 12 $234,273.00, the City's contribution to his deferred compensation plan is and shall remain 13 at $10,000 annually, and his car allowance is and shall remain at $10,000 annually. 14 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: Gre/./4.4 Roderick R. Ingram City Attorney's Office CA15074 R-1 June 5, 2020 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA 10 11 That the current base annual salary of the City Clerk is and shall remain at 12 S105.060.28, and the City's contribution to her deferred compensation account is and 13 shall remain at S6,000 annually. 14 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: ;I/144,/f Roderick R. Ingram City Attorney's Office CA15075 R-1 June 5, 2020 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA. 11 12 That the current base annual salary of the City Real Estate Assessor is and shall 13 remain at $152,339.20, and the City's contribution to his deferred compensation plan is 14 and shall remain at $6,000 annually. 15 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: Roderick R. Ingram City Attorney's Office CA 1507 7 R-2 June 8, 2020 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY AUDITOR 3 4 WHEREAS, Section 2--89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; and 7 8 NOW, THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That the current base annual salary of the City Auditor is and shall remain at 12 $134,208.88, and his car allowance is and shall remain at $6,000 annually. 13 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of . 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15076 R-1 June 5, 2020 NAB£c CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City- Owned Property Known as West Canal located at the rear of 2300 Windward Shore Drive. MEETING DATE: July 7, 2020 • Background: Henry R Yancey, Jr. and Sharon L. Yancey (the "Yanceys") have requested permission to construct and maintain an existing wharf, a 49.3' x 19.7' boat lift and bulkhead that encroach into the City-owned property known as West Canal (collectively, the "Temporary Encroachment"). The Temporary Encroachment is adjacent to the Yanceys' property at 2300 Windward Shore Drive. • Considerations: City staff have reviewed the requested Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in West Canal, which is where the Yanceys have requested to encroach. • Public Information: Public notice via the normal City Council agenda process. • Alternatives: Deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Location Map, Pictures and Disclosure Statement. Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate Q City Manager: L, 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS WEST 7 CANAL LOCATED AT THE REAR OF 8 2300 WINDWARD SHORE DRIVE 9 10 WHEREAS, Henry R. Yancey, Jr. and Sharon L. Yancey (the "Yanceys") 11 have requested permission to construct and maintain an existing wharf, a 49.3' x 19.7' boat 12 lift and bulkhead (collectively, the Temporary Encroachment") adjacent to their property 13 located at 2300 Windward Shore Drive (GPIN: 2409-09-3080). The Temporary 14 Encroachment extends into the City's property known as West Canal; and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Henry R. Yancey, Jr. and 25 Sharon L. Yancey, their heirs, assigns and successors in title are authorized to construct 26 and maintain an existing wharf, a 49.3' x 19.7' boat lift and bulkhead in the City's property 27 know as West Canal as shown on the exhibit entitled: "EXHIBIT 'A' ENCROACHMENT 28 REQUEST FOR A PROPOSED BOAT LIFT AND EXISTING PIER AND WHARF LOT 49, 29 SECTION 1, BAY ISLAND FOR HENRY R. AND SHARON L. YANCEY, JR.," dated 30 November 1 , 2018 and revised through January 13, 2020, prepared by Waterfront 31 Consulting Inc., a copy of which is attached hereto as Exhibit "A" and on file in the 32 Department of Public Works, to which reference is made for a more particular description; 33 34 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 35 subject to those terms, conditions and criteria contained in the Agreement between the City 36 of Virginia Beach and the Yanceys (the "Agreement"), an unexecuted copy of which has 37 been presented to the Council in its agenda, and will be recorded, after execution, among 38 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 43 such time as the Yanceys and the City Manager or his authorized designee execute the 44 Agreement. i 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 47 day of , 2020. CA14855 PREPARED: 3/4/2020 -1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d016\p037\00626373.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE DAN . H RMCE SENT R CIT A I RNEY 2 , v) WEST CANAL N/F WARREN (-5 GPIN:2409-09-3108 a. , . -0-FLOOD,= tri `— .'" 1NST:20070301000281050 EBB- .. 6 ;'• A N 87%15'06 E 78.35' -PIPE(F) N/F CITY OF VIRGINIA BEACH QY ,,,, 1., MANMADE CANALS IN BAY i- \IV,4.444.1i• v) Lo cc- ISLAND Sit4:#4.$114.4`4:11,4 BUFFER RESTORATION t0 `1. i eove#er AREA (HATCHED) -i:. 0 • • * I.- , LOT 49 t. g -0 1 • 1-- . •-or-A. ./..3....,......"441+$40,0A; GPM:2409-09-3080 Zn _A , 1.in i --#4,r6-4•- •-+0 frO4P 4.c''x INST:20181101000902140 K 0 ' -"•17-7• .5:5-• ---- ,i• 40 41•04, 4",./.,c) ,-, , • ,, •''' • : ,,,,e4mthres,,,,por,--.«,_' N...'/.' - I:0 PROPOSED ,.. •,%.14' "regiirqr4, ":01,.,-AWital9"w. "? ----. • 0 , ....X . ..., 53 • • • BOAT LIFT&EX. elei: 'iryg • 4 ... .4 ' • • • • • 4 .. WHARF AND 60N 6: * ": • •• 10 0 PIN(F) •i' ii/It, BULKHEAD :V;411.031, , .*A . . • 4 : •.• ' •. , -. - .._:_ - p rn t., . -• - .,.• • . - ---...4.:)7',1 .0 •,1 ,--- ci 100.4ir r AAA% ' A . g w tit-0 Ai > , "tit 4,404 EX. BLOCK ALL MATERIALS TO BE cc / Z; 400,404 WALLS tes < '''. w / cr) -.i 4404W) ZA$71 0: ...4,,70..p. DELIVERED AND -c-;.t •._..- w ..p.04.443t,gott "5 in14 INSTALLED VIA BARGE a* U) -.1,4.e +.,', .1.4.31.•it: LA I-- • . . , I 1 Sr!.BR. 0 c.o. ' • ' ‘,TH 0. ki., EE 2 - . s''` • 4kk "f•tP #2300 LINE TABLE .7i 771 -0 . 0 LINE BEARING LENGTH ,.° ,....--` r •-•,•, \ ;-) GREGORY-0)MIL* EAD ''' L1 N 83°0235" E 52.84' _., , ' - 9_1 `6') Lie. No. 047323 ' ' L2 N 73°51'03" E 43.65' ..-4, ,.,„ MAR. 3, 2020 ..:k. -0 - to' 0„ L3 N 25°25'13" E 28.83' rn, 00 •< 0 1 *t> o SIONAL -v, (3‘ (A R--=-9°4.55 P/N(F) z cy) 0 0 - c( • o Iv 'N1 o, I-- L16 z 0 =.-- 0.° 0 'VT u_ PIN(F) ct w I- 0 30' 60' F,) 1111•1111111111 o EXHIBIT A C•I I"=30' © ENCROACHMENT REQUEST FOR A PROPOSED BOAT LIFT AND EXISTING PIER AND WHARF 7Pri WATERFRONT ' F Z 40 °I CONSULTING LOT 49, SECTION 1, BAY ISLAND 4111 Vik INC. FOR 2589 QUALITY COURT, STE. 323 HENRY R. and SHARON L. YANCEY, JR. VIRGINIA BEACH, VA 23454 OFFICE/FAX: (7571 425-8244 DATED NOVEMBER 1, 2018 GPIN: 2409-09-3080 ENGINEERING SERVICES BY: 2300 WINDWARD SHORE DRIVE, VIRGINIA BEACH, VA 23451 CHESEAPEAKE BAY SITE DATE: JANUARY 13, 2020 SOLUTIONS, INC. PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 2 N0 day of t i , 20(O , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and HENRY R. YANCEY and SHARON L. YANCEY, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESS ETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Site Forty-Nine (49) on the plat of "SUBDIVISION OF BAY ISLAND, SECTION ONE PRINCESS ANNE CO., VA LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1' = 100', dated February, 1958, prepared by Frank A. Tarrall, Jr. & Associates, Surveyors & Engineers, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2300 Windward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 49.3' x 19.7' Boat Lift, an existing wharf and bulkhead (collectively, the "Temporary Encroachment"). The Bulkhead is approximately 125.32 LF in length with a variable depth from 1.3' to 7.3'; and GPIN: Not assigned - West Canal in Bay Island - City of Virginia Beach Property 2409-09-3080 —2300 Windward Shore Drive WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as West Canal in Bay Island (the "Encroachment Area"); and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1 .00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR A PROPOSED BOAT LIFT AND EXISTING PIER AND WHARF LOT 49, SECTION 1, BAY ISLAND FOR HENRY R. and SHARON L. YANCEY, JR.," dated November 1, 2018 and revised through January 13, 2020, prepared by Waterfront Consulting Inc., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attomey's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty(30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance 3 policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, HENRY R. YANCEY, JR. and SHARON L. YANCEY, husband and wife, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 5 • p. HE RY R. Y C Y J ., Owner RONL. Y Y, wne STATE OF UtiGi til 1 LL CITY/COUNTY OF UicG6c� i , to-wit: kcf,1The foregoing instrument was acknowledged before me this 2day of , 2O 7-( , by Henry R. Yancey and Sharon L. Yancey. Nota ublic 4y. ,O 04��4 y am,^ e � f y co ,r��c_ ?2''• 4°0 44ss�o i Notary Registration Number: 7 (0\0 ci't 4'•• ' =��e= 2 1 OF v`�,��. My Commission Expires: ` 3 of2/, '°�........,,..- APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ,4fot_ ._ . SIGNATURE DA A A MEYER G /be/etc: i SENIO I RNEY DATE PUBLIC WORKS/REAL ESTATE DEPARTMENT/DIVISION 6 LOT 50 PI WEST CANAL N/F WARREN a -is-FLOOD GPf N:2409-09-3?08 ui EBB+ INST:20070301000281050 a 78.35' -PIPE(F) N/F CITY OF WRGINIA BEACH h � ��8�7 �,�* �: MANMADE CANALS IN BAY �, .� j�OI Li) o ISLAND ") E A4sp�:,�� BUFFER RESTORATION N,__.49�y3 �22 �� AREA (HATCHED) n 1 ss �:,. ••r- t44. � '�P LOT 49 m -0 LA- ��_ �/ pF , GPIN:2409-09-3080 ti '� .c -„ ., c " '� �Q�; . INST:20181101000902140 C UJ • �Y"� ."> n •f,/I mil`.'( > a� '• 'x PROPOSED .� BOAT LIFT 8 EX ''■�► `I /'�1:,,-r=�.,�- _czo Ar, 7i � a ' WHARF AND `. .►��!� �i ,..'' . .CONC. ' r PIN(F) r BULKHEAD _ � �s f:, w m / Y �' I-i.' LIB f� 14 C` ICI Q . >>?C / crI:1 • O EX. BLOCK %/'-o•I; g D •^ ALL MATERIALS TO BE Ix Z r•. ,. WALLS <�: 'LIIA-v DELIVERED AND w , ,� '4Z .cn:�` INSTALLED VIA BARGE lx d• 44*. s W r ; v1 _ k` S,TH 0 • 1 Sr'.BR. E2 2 ,; r'', `r'� ##'Z300 LINE TABLE Q N Z• Z c -•��1 C�� LINE BEARING LENGTH Z o .• r- �, GREGOR�O. MIL' EAD 9 L1 N 83°02'35" E 52.84' zov E 0 �� Lic. No. 047323 '' :<, L2 N 73°51'03" E 43.65' tho 1 Z —0_ ,t MAR. 3, 2020 i • J o 0 0 a' 0.. 10 w� <� L3 N 25°25'13" E 28.83' 44 rTl -d - cm iv rn co Z �s`s10NAL � G~ �� R:904 55, PIN(F) p 0 -� n tli N v O 0 L:160.OD %' DRIVE (50' R" E u_ PIN(F) �INOw ARD M BsvA�R'�G'3� w I-- • 0 30' 60' 0 o EXHIBIT A N 1"= 30' © ENCROACHMENT REQUEST FOR A PROPOSED BOAT WATERFRONT LIFT AND EXISTING PIER AND WHARF . ' 4 '` - CONSULTING LOT 49, SECTION 1, BAY ISLAND INC. FOR 2589 QUALITY COURT, STE. 323 HENRY R. and SHARON L. YANCEY, JR. VIRGINIA BEACH, VA 23454 OFFICE/FAX: (757)425-8244 DATED NOVEMBER 1, 2018 GPIN: 2409-09-3080 ENGINEERING SERVICES BY: 2300 WINDWARD SHORE DRIVE, VIRGINIA BEACH, VA 23451 CHESEAPEAKE BAY SITE DATE: JANUARY 13,2020 SOLUTIONS, INC. W w .z ° W Q o W Z M _ } p 0 oN o W _` '4 0) Q � 2 H co pro Q r Z Z .., ,:. - H2u_i v o W LL Q g - Q2 N N �: � Q � 0Z o ; cr 0 X A Art! 41404 t 411,-* 0, ,COMPASS CIR ' 4 _r. % 1 •. i r k 401* k ,. 00 s it .. • 0 r-.-,,- M fibi0 _, .v...-;_.,„ r1/4 b '9� _.,t-ram „' _ . e_ ._,...., .. J.i.*.-"-": -.•-,•°,-.'• 4 • .,„..._*...:-,.`r-4-,.. -,•-.-.•_.-;'..z.-_:.• ,-.-,-.-,-,'.-.:', 0. t : o w#`fi 1 r o iA co -7.--. ', - - , -. t.- cb ; 7,,,,,,..e-,- . - co a, o N 2 W 0 W 6) T O _ C 0 N a: , p` ;'a Q� 14. ,.- --- ' - - CO 0 I' > a J ---____J N SHORE DR I L I go GSI TE F"9T tiF 01, ilhi // 2409-09-3080 11111 -- J O g I 0 55I $ „- i l 'J1 LOCATION MAP .4, ENCROACHMENT REQUEST OC'' \ FOR 5�'^ HENRY R. & SHARON L. YANCEY Legend 2300 WINDWARD SHORE DRIVE GPIN 2409-09-3080 City Properties 2409-09-3080 Feet 0 50 100 200 im,„.:,... .7.:,. . _ �: Y';rr Fv ti Gti:a . .its �� ¢�� . : : .. , _.. , _ . pp isms ,.-_-.. , .;41. APPLICANT'S NAME Henry R. and Sharon L. Yancey, Jr. ECE!VEo '(= DISCLOSURE STATEMENT FOR REAL EsrATE ., The completion and submission of this form is required for all a. •/li ns that pertain to City real estate matters or to the development caf and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property _ Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special ' Investment Program Changes Exce tion for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness — Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board . + 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 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). /`.`APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: (4,10Vzo i/ REVISIONS SUBMITTED DATE: r,147 'S LL t:S"Y a�` _ " _ ,'.�'t'r -A:17jPtY. `p't ,g147,- ,�T r�-TA Y-F 4+'• *yt. y./§PartiVCs .'eil.^`.w�.'�'"'/_!.1— cA • �1 w .;; ,, ±' ••.� r -� -..3+ a3� �"v`,.�- ft�'yN l: s,.l 'F,�' -'�1 �-.'• siI-Mt h V :. �„- +A t��. ,- h °},.+t1 r ,1 cA ei a .7 +� ,�?> � 5t t32s' �C`r. M i *,;' `4'� r' �s s. r 7.•'C.'ib '`, C T-•k Wt. h4 " ?vim h F 44 •S P may ,, k.,E tr#♦ /. thq :- 4. .@� .!L• � r�- v �• N"�1..ybfr f^4ti�"� :� Y it a��1' C�i p �. '�MiC CV �G�¢� '{r i •�iJNYJ , ,.d T .-� +7 ,Y r4%i°!. ,;;777L+4`L 4 1 .1 ? r 3.i•.yy1, A`.Y`i',M ,�,1 f J�� "y t. f'.h.'.•. .'r? t "t ^Lr�'ra-.,y,i. at. i r ..lyt.•`S w'kS�`S_t i ;n.,, •,.,f�'{ 1 `. :1 "' r ?n ..,..7-f ik�✓ h..iy�S;. • /� . ±,�;4: .y.,. :1T.,.r .k,,,??.bts y4.x.}... a .v.Y.s. a?pt -:,lH �� F� }� r � +fit t � • ,� C ` �,i^�`.+<;�.�.,- „•.•"k � r.rc .' . t s jt. t ?�. ey..,:,A '4 ;,.,v.. '• ::^1H �� r 6 bf...:-. _ tiniii k'r"l..l....*.J� Y i:t'J ih�ea a ::t K Vvt'a. -, ,r�'A.F. •""'•".. Check here if the APPLICANT IS NOT a corporation, pa , , ffrrrt;` 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: Henry R.and Sharon L.Yancey,Jr. 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 footnotes1 and 2 ♦ i SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 0 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. El 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 .➢� Rt a Y' Y $j�V".d,v..,k >cf}7'irt .'�.n1 F r*y r ,.,c r 'a i : X aaa- . . t74 Y"3t y S}S"a'azt, 1y' '.^hl+F�»arS"�'s.<(A't<,j'�rr ',s�'i'��"Y`•h.'t i�4'+'-S3c Jr.4�t'1-''' s;...�.:YS.�.�.,'. * ., 6 a. a" ,. Z t t-3?". y i n Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that,have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be 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 t 11 1 is i �,s-i 4 a{ ar JT' i%p ".sr,„c'''' r Y+ c..a.P,VS ]r�2 $ ae 5�``F �:1- :k tr .e: ;a-a .'..:, .Y t1 i v` tr 4 :.4,1 ..: ; e a . a t 1 <- i`y�A Y ..1 R .+3 t > •A F 4.;" �' �l1y -:3 �L 3 t1 't Y k1 .A" W'tl.4�'4:, .' �'11• S` t .*. •4...M 9 r �r b W S t T .y, ,'''" ''''I MY L t i n .t ..^"4eli to .Y , ' a•;'•.4 ` 'f et `�r at„J9s",'„ . ;� �}y�ca �4a a s � y J4T k,I+, %4, -d..a -0, \..,-'-'•-• k, •-4-1 r aj • a�'%:A , r ,,,,...„4,--- -c' APPLICANT ' t imp. Y `-;, .= ,,,..,,,...,-..:,...-,-,,,,,-4, l?t u `'' ' 2,,, TJyS C G PROVIDER ( �'','"ifidara1,,'sheets if YiES NO SERVICE I. nee ii'::." El Accounting and/or preparer of . your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser(If other than DID the Applicant)- Identify purchaser and purchaser's service providers Any other pending or proposed 1-7 purchaser of the subject property 4 (identify purchaser(s)and • purchaser's service providers) Construction Contractors Project out for bid Engineers /Surveyors/Agents WCI,Chesapeake Bay Site Solutions Financing (include current mortgage holders and lenders D igi selected or being considered to provide financing for acquisition or construction of the property) U El Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the 1 subject property _ 4 fi 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 �C,r*r��i zY e�jr't'ti`pp�ems,; � � Tn�. "°� v i t 1�.�.i� w•,t .�t- t „tti >,ir'' r`1 ; ir�i�,,, i � �7� / � it- u a� S ��"�d 2 mot• i .�'' to l:i ' ..i ' aC rt f �S- :jf .. sA fS s YS'gwN3, 9 h� �+'.N z`vale, 'r'-' •tr-.. - -.+wL-4 "cc ,R, �,.- -1(4 A, • -----"-,,,.,i,„,..,,,,,z,‘° t - , . _ - ,,.......... ,Z.e'.' d a.a,,.s.,41.t+wsx aa:^z i Z„7,-'...' ,. �{�^t+:t..Vs _ 6 _..........NY[o'.,.L.,..fr•.+F.1,O. YC CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. l understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A; .lica ; i - 717 44.7 I.. l •, 6' Henry R. and Sharon L.Yancey, Jr.77 z@ MCP„ ONttl,A1E,;-• .;or—ir PRINT NAME DATE 1 Page 5 of 7 [ , ,,,,,,,,r.,--L"--nit,j, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a City-owned Easement over Baylake Beach located at the rear of 4304 Sandy Bay Drive MEETING DATE: July 7, 2020 • Background: Pat S. Feliciano and Donna J. Feliciano (the "Felicianos") have requested permission to construct and maintain a 4'-wide beach access walkway with stairs that extend approximately 5' past the seaward toe of the dune (the "Encroachment"). The encroachment extends into a City-owned easement over Baylake Beach, adjacent to the property located at 4303 Sandy Bay Drive. • Considerations: City staff have reviewed the requested Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments within the City's easement in the Baylake Beach area. • Public Information: Public notice via the normal City Council agenda process. • Alternatives: Deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Location Map, Pictures and Disclosure Statement. Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate City Manager: 1 I,L 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A CITY-OWNED EASEMENT 6 OVER BAYLAKE BEACH LOCATED 7 AT THE REAR OF 4304 SANDY BAY 8 DRIVE 9 10 WHEREAS, Pat S. Feliciano and Donna J. Feliciano (the "Felicianos") have 11 requested permission to construct and maintain a 4'-wide beach access walkway with stairs 12 that extend approximately 5' past the seaward toe of the dune into the public beach (the 13 "Encroachment") adjacent to their property located at 4304 Sandy Bay Drive (GPIN: 1570- 14 91-5009). The Encroachment would extend into the City's easement over the property 15 known as Baylake Beach (GPIN: 1570-91-5219); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Felicianos, their heirs, 26 assigns and successors in title are authorized to construct and maintain a 4'-wide beach 27 access walkway and stairs that extend approximately 5' past the seaward toe of the dune 28 into the City's easement over the public beach known as Baylake Beach as shown on the 29 map entitled: "EXHIBIT'A' PROPOSED ENCROACHMENT REQUEST FOR PATS. AND 30 DONNA J. FELICIANO SITE ADDRESS: 4304 SANDY BAY DRIVE VIRGINIA BEACH, 31 VIRGINIA, 23455," dated November 8, 2019 and revised through January 27, 2020, 32 prepared by WPL, Landscape Architects, Land Surveyors, Civil Enginieers, a copy of which 33 is attached hereto as Exhibit "A" and on file in the Department of Public Works, to which 34 reference is made for a more particular description; 35 36 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to 37 those terms, conditions and criteria contained in the Agreement between the City of Virginia 38 Beach and Pat S. Feliciano and Donna J. Feliciano (the"Agreement"), an unexecuted copy 39 of which has been presented to the Council in its agenda, and will be recorded, after 40 execution, among the records of the Clerk's Office of the Circuit Court of the City of Virginia 41 Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 1 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as Pat S. Feliciano and Donna J. Feliciano and the City Manager or his 47 authorized designee execute the Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of , 2020. PREPARED: 3/10/2020 CA14848 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d012\p035\00625905.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE DAN R. HARMEY SENT CITY ATTORNEY 2 SITE DATA 4"— ---00/1E'BAPEAKE BAY S a,,� iiiie- 1. GM: 15A0-U)1�000} EDGE OF HATER AT �� 2 TIE SURVEY OF LOT 55, 1 0v SURVEY BATIAFOE BEACH, FIAT (03/28/2016 �� , CORDED MI M.B. 41, PG.31 �' AT THE CLERK'S OFFICE OF — _ 1 C C. LARGE zit. THE CIRCUIT COURT OF NE -�- CM of MINK BEACH, — Lic. No. 15317 P. l THE DIREC AND AAA4OXALi47E MEAN LOW NyVER RESPONSIBLECHARGE ! S D 1/27/2020- - E C A GARNER M PLAT(A/.T R 41, PC. 31) O 4/ FROM AN ACTUAL GROUNDLJCDISE LAND SURVEYOR) a' �FSS'ONAL ��G\� SURVEY MADE UNDER MY `4 `' SUPERVIS10N; THAT THE ORIGNAL DATA WAS OBTAINED ON MARCH 28, 2018;AND r' THAT TIE PLAT UNCLUDING o, iaP 4 METADATA MEETS MNIMUM _ irk MESS SOTO (' S 6322'S0' E 0,8 3. LMIS OF LAND DISTURBANCE T r.0 mews 1 D0' �, redo auw. — — — 1,300 SQ.FL •wx s�o we oua (� �a' 7 a ;,, a' \--47 4 0 z r= `) Ire .- -23 11) LOT 55c ih ITIE LOT-54 W 1 3 LOT-56 N.B. 41, PG. 31) t +savor aer a GPIN: 1570-91-4112 p. DWELLING J • O GPIN: 1570-91-6005 STORY FIUME (v v caysmucnote .. N i N t rw t v' ij PM (F) 80' TO PI 0 n �i OF WINDY ROAD 100' }}' N 63'22'S0"4` ? 1t e1r &4'7' /`' 0 40 7' 80 1--1 1---1 I 1 SANDY ` BAY ©RIVEPHIC SCALE (50' R/W) (ire. 41, PG. 31) EXISTING SITE SCALE: 1"=40' PUFF: WATERFRONT ACCESS — Enann. A BEACH ACCESS WALKWAY _- = PROPOSED ENCROACHMENT REQUEST FOR DATUM: NAVD 1988 \N - - - = SITE ADDRESS:PAT S. �4304 SANDY BAY DD DONNA J. RIVE ADJACENT PROPERTYOWNERS' VIRGINIA BEACH, VIRGINIA 23455 1. BURRELL F *LORR>E HONOR SA1NgERS 2 U3RIIOLEY r A KAMEN& A WADHowwc - DATE 11/08/2019 REVISION 01/27/2020 PLAT: B-23 F.B./PG.: 1038/42 �o �..�,w�, SHEET 1 OF 5 WPL# 216-0093 1 CMSAPP-AKE BAY La / C C. LARGE x `� EDGE OF WATER AT C•1 LTC. No. 15317 • TIME OF SURVEY (03/28/2016 AOo 01/27/2020 �� _____ —`_ ��SS10NAl ��G\� \-- APPROX/MAT£ MEAN LOW WATER LINE SCALED FROM RECORDED /12 p'pe PLAT (M.B. 41, PG. 31)4, SaRS- 6 9 %BEACH = ACCESS yb b 6 0 N FE �" yy `�1 ) 17 3'i1/4 `6� b �5 -r PRIVACY WALL S 63"22'S0" E IV Q. ' oa %pa ODRIRU3 APPROXIMATE P . 1I,(p:UOER SVD DIRE �h OF DUNE 1 OO .� .WOOD SEAM/AL I j{;Y \ e ,ti. rye. 3 .` •Pf:2 4.24' o O STEPS AND GATE I MI I h LOT-56 LOT-54 h -- '� (M.B. 41, PG. 31) (M.B. 41, PG. 31) ro — GPIN: 1570-91-6005 GPIN: 1570-91-4112 OD, q , /4304 SANDY BAY DRIVE ®i 0 3—STORY FRAME DWELLING ii(CINDER CONSTRUCTION) 0 n 1 0 30 iN cn ' 60 1 it, I ` I SITE IMPROVEMENT PLAN GRAPHIC SCALE SCALE: 1"=30' PURPOSE: WATERFRONT ACCESS r - EXHIBIT A BEACH ACCESS WALKWAY _ = PROPOSED ENCROACHMENT REQUEST FOR ` -, PAT S. AND DONNA J. FEUCIANO DATUM: NAVD 1988 ` — SITE ADDRESS: 4304 SANDY BAY DRIVE ADJACENT PROPERTY OWNERS: ` — = VIRGINIA BEACH. VIRGINIA 23455 1. BURRELL F & LORE RtAYNOR SAUNDERS 2 ROBLEY J AN KAIHERRJE A WAOHOINAK = — DATE:DATE: 11/08/2019 REVISION: 01/27/2020 UM Sworn PLAT: B-23 F.B./PG.: 1038/42 CM ,1sig '"fl.A% w SHEET 2 OF 5 WPL 216-0093 I 14012? 0 de Y/01 .- g I C. LARGE x R v Lic. No. 15317 10 01/27/2020 �ct O.4 ,am `� SSSIONAL. ECG g, '11111111' g '*N 1:t 4 N V I 1 h i w 4.0' I i N -i 1 FRAMING 8PEO�ATIONS. i To h • ALL PEES TO BE 8'f M. WITH 15' PENETRATION. 1 00 o �" HEADERS AND JOISTS TO BE FULL 2'x8'TOMERS. s V 1 1 - •. ALL HEADER BOLTS TO BE MI WEATHER TUFFS WITH OGEE WASHERS AND NUTS. a DECKING TO BE COMPOSITE OR 2' TIMBER SECURED WITH STAVtESS STEEL SCREWS. ll PROFILE PLAN N N O h o SCALE: 1"=1O' PURPOSE: WATERFRONT A _ A ____-.. PROPOSED ENCROACHMENT REQUEST FOR EACH ACCESS BALM? _ PAT S AND DONNA J. FEUCIANO 'DATUM: NAVD 1988 � _ SITE ADDRESS: 4304INIA SANDY BAY DRIVE 23455 ADJACENT LE PROPERLY OWNERS: 1. BURRELL F & WISE IMYNOR SCR' Simon ii&iim DATE: 11/08/2019 REVISION: O1/27/2020 2 BRADLEY KASMEA A �.�roav '7 PLAT: B-23 F.B./PG.: 1038/42 WWII�,a w sa��+s SHEET 3 OF 5 WPL.# 216-0093 NOTES: 1. AU_ FRAMING WMBER AND PYDIGS SHALL Et CCA 2.5 ROUGH MARINE SALT TREATED. 41 - " 1; ' 2. ALL HARDWARE AND FASTENERS SHALL BE HOT DIPPED GALVANIZED. _i 3. ALL PILES ARE TO BE OW EN AT A MINIMUM OF 15' BELOW THE TOP OF THE SAND DUNE. iii1 ' C C. UARCEx — — — — �-- Lic. No. 15317 3'-O' 01/27/2020 �� 2I i a (CONTNRAC1OR 10 HSTALL 2'x6' MIN. O,t�sS aG�ti 4'X4• SALT TREATED WOOD FOR /ONA.. ALL RAIJNGS) \ 4~ 4.0' NN 2'x2' PICKETS 0 4' 0.C. 2°x12' HAND 2'"B` =Il0 714- Be MAX. - F1 l HIM I1 it ict4 NOTE: CONTRACTOR AAA TO VERIFY NUMBER 1114 rwr STRINGER Pil • OF RISES BASED ( EAL) - \ ON EX. GRADE TREADS (2) 2x6 DECKING MIN. 10" (STAIR TREAD NOSING FIN DEPTH MIN. OVERHANG 3/4" �2) 0 8-U' t--- ' 0 MAX. OVER- HANG 1 1/4') 7316 BRACE N ro PIE, 15' MORMON1111111114111\AV‘7/ : 3' MN. 1181., 8'0.C.MAX 16" MAX 1-77 ' COSTING DUNE 44k4a -\\ if a 2x12 ROUGH ,l $ "MAX �\ ��SWIM �� EX Otl10E, I 17111 : � ,� , r, 1/2' %/ fi% j` ,/\ 15' LON. Id=eVInt PIE. 15' P9E1RAI1ON 15' / ` / //\ '� /� j\&j\ STEPS TO �BUILT ALONG Ex. SAND � ?�r ,/ ��/ SLOPE (THE PROPOSED STEPS \/.\/.`C/ \/\/.\/. SHALL NOT EXTEND BEYOND THE APPROVED SETBACKS AT A HEM' GREATER THAN ,s• • TYPICAL WALK SECTION ABOVE THE ADJACENT GRADE.) 3/g` = 1' STAIR & RAIL SECTION DETAILS 1/2' = 1' SCALE: NOTED PURPOSE WATERFRONT ACCESS " _` N ®IT A BEACH ACCESS WALKWAY PROPOSED ENCROACHMENT REQUEST FOR f PAT S. AND DONNA J. FELICIANO DATUM: NAVD 1988 - _ SITE ADDRESS: 4304 SANDY BAY DRIVE ADJACENT PROPERTY OWNERS: - YIRGINIA BEACH, VIRGINIA 23455 1. BURRIll F & LORRE WYNOR SAUNDERS . — 2. BRADLEY J h KAT}EAR E A WAC*90WIAK ', ;" DATE: 11/08/2019 REVISION: 01/27/2020 a t.ia .Y.y.r: ,wan PLAT: B-23 F.B./PG.: 1038/42 Mil Wears pa Noma yA ft c w rs w mg SHEET 4 OF 5 WPL# 216-0093 NOTES: 1. ALL FRAMING LUMBER AND PILINGS SHALL Elf CCA 2.5 ROUGH WANE SALT TREATED. i► ./`,� 2. ALL F1AMYNARE AND FASTENERS SHALL BE HOT DPPED GA MMI 141 � " 4 3. ALL PILES ARE TO BE DRIVEN AT A MINIMUM OF 15' BELOW THE TOP OF THE SAND DUNE. 5, ' CE C. LARGE '� L.' Lic. No. 15317 a A--Zoo'-y4.r,:,14 y 12.00' 9 01/27/2020 �4 w a X o oA• 4/ 0 o `� �SS%ONAL ''' 0 STAIRS 8.00' 0'\_LANDING S N 2 \ STAIRS �—� 4' BEACH g I7 AWALKWACCESS Y D GI\ 2 o in pp i. d 3.14' X °aZ 3.14' p Y.1 D 4 h 3.f4' "0X D 3.14' it) 8 0 PILE, 8' O.C. D AAA', 15' MIN o PENETRATION D 0 T 3 Cf (TYPICAL) 0 azi REAR REAR PROPERTY \p4.24' PROPERTY �, �4,24' UNE UNE w DS LANDINGS ko AND D O NI, Qi D d STARS a a a a DETAILS SCALE: 1"=10' PURPOSE: WATERFRONT ACCESS N 1®1T A BEACH ACCESS WALKWAY ---- _3 0 PROPOSED ENCROACHMENT REQUEST FOR - = PAT S. AND DONNA J. FEUCIANO DATUM: NAVD 1988 T SITE ADDRESS: 4304 SANDY BAY DRIVE ADJACENT PROPERTY OWNERS: VIRGINIA BEACH, VIRGINIA 23455 1. BURRELL F & LORRIE MAYNOR SAUNDERS 2. BRADLEY J & KONERINE A WACHOwwc ,... _, — _,,.,, .,', DATE: 11/08/2019 REVISION: 01/27/2020 as - PLAT: B-23 F.B./PG.: 1038/42 mw1tft,ryra� SF 5 OF 5 WPL# 216-0093 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this I I day of M \ , 2020, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and PAT S. FELICIANO and DONNA J. FELICIANO, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 55" as shown on the plat entitled "BAYLAKE BEACH, PRINCESS ANNE COUNTY, VA.," Scale: 1" = 100', dated April 1956, prepared by Jon M. Baldwin, C.E. and R. S. Baldwin, C.L.S., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 41, at page 31, and being further designated, known, and described as 4304 Sandy Bay Drive, Virginia Beach, Virginia 23455; WHEREAS, it is now proposed by the Grantee to construct and maintain a 4'-wide Beach Access Walkway with Stairs that extend approximately 5' past the seaward toe of the dune into the public beach (collectively, the "Temporary Encroachment"), in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing public beach, which starts at the seaward toe of the dune, or if none, the bulkhead or wall and extends northward to the mean low water known as Baylake Beach "Encroachment Area"; and GPIN: 1570-91-5219 (City Easement — Baylake Beach) GPIN: 1570-91-5009 (4304 Sandy Bay Drive) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A PROPOSED ENCROACHMENT REQUEST FOR PAT S. AND DONNA J. FELICIANO SITE ADDRESS: 4304 SANDY BAY DRIVE, VIRGINIA BEACH, VIRGINIA 23455," Dated November 8, 2019 and revised through January 27, 2020, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the 2 Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty(30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 3 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, PAT S. FELICIANO and DONNA J. FELICIANO, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 4 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 5 . ELIC Owner A J. FE IANO Owner •/COUNTY TEOF OF \J o c\\c, to-wit: The foregoing instrument was acknowledged before me this I I day of S\(\ckkx.) , 2020, by Pat S. Feliciano and Donna J. Feliciano. ra DARLENE KAY CARROLL Rr �� NOTARY PUBLIC \ � CaitA4- � REGISTRATION # 7518084 \ SEAL ��' r? ) COMMONWEALTH OF VIRGINIA N 7% Notary Public VVV Notary Registration Number: My Commission Expires: 1 - 31- )� y APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 4111 SIGNATURE ip,r DAN . HAF(MEYE SENIO CITY ATTORNEY 3/46 icZa.R.C) DATE PUBLIC WORKS/REAL ESTATE DEPARTMENT/DIVISION 6 SITE DATA 4-- -� JOI'ESAPEAKE BAY , , +` • '1. GPM: 157D-11-00➢ EDGE OF OMR AT - •� 2. THS SUMOF LOT 55, TIE OF RANEY MALE BEACH, PLAT (03/28/2016 1ii RECORDE) IN M.B. 41, PG.31 ,,.lt AT THE CLERK'S OFFICE OF — _ _ .I C C. LARGE x THE CIRCUIT COURT OF THE CITY OF VAGINABEACH. ` Lic. No. 15317 1RGNA CO WAS MPLETED AAP?OX�IIMTE MEAN LOW WATER t THE DIRECT AND LI1E SCALED from RECORDED RESPONSIBLE 1/27/2020 ERC A.A. GARNERHARGE(VIRGINIA PLAT (Alm 41. Ply 51) _ BOA\ � FROM AN ACTUA c SURVEYOR) '� _ �SS�ONA1. ECG` SURVEY WIDE UNDER MY '' `' SUPERVISION; THAT THE ORIGINAL DATA WAS OBTAINED ON ARCH 28, 2016; AND a' 0$ 4 THAT THIS PLAT INCLUDING , 0 0 METAD ATA MEETS U1NIAJY OTHERWISENOTED.ACCURACY STANDARDS UNLESS CP S 63'22'50- £ a `� _ 3. LIES OF LAND DISTURBANCE: — leg= m mat f00' O1.R0 SQ FL a oua A A yp' - 1 �Z 0 -73 OT SS - ' a - ■ A r I.- , Iii LOT-54 14 3 LOT-56 (M.B. 41, PG. 31) O ` � O (M.B. 41, PG. 31) GPIN: 1570 91 4112 �cv ;J ; • GPIN: 1570-91-6005 to to N Ii1 r - = PN (F) 80' TOPI 0 n 0 OF WINDY ROAD f00' ' N 6322'50 1—W ?' %` 0 �---( ---1 1 %' 1 SANDY BAY DRIVE GRAPHIC SCALE (50' R/W) (M.B. 41, PG. 31) EXISTING SITE SCALE: 1"=40' PURPOSE WATERFRONT ACCESS — -- = UM? A BEACH ACCESS WALKWAY = - y\---- ----T= PROPOSED ENCROACHMENT REQUEST FOR PAT S. AND DONNA J. FEUCIANO OATUII: NAVD 1988SITE ADDRESS: 4304 SANDY BAY DRIVE PROPERTY OWNERS: - VIRGINIA BEACH, VIRGINIA 23455 1. BUfiml. F * LORRE MAYNOR SAUNDERS 2. BRADLEY J & KATHERRE A W CHOYRNC „. _ -♦ . _.: DATE: 11/08/2019 REVISION: 01/27/2020 laid Inman ;ilium PLAT: B-23 F.B./PG.: 1038/42 la idiot y,,s,ib d, , SHEET 1 OF 5 WPL# 216-0093 / CHESAPEAKE BAY w Q 'f C C. LARGE x `n EDGE OF WATER AT 1 `-' ',� Lic. No. 15317 TIME OF SURVEY (03/28/2016 'o-P 01/27/2020 �� _ �SS�ONAL E�G\� APPROXIMATE MEAN LOW WATER ~ _ LINE SCALED FROM RECORDED 2.O'f PLAT (M.B. 41, PG. 31)4, STAIRS 6 6 ACCESS WI Y h yb 6• 6' 6g 1....: 67 JC y,-;.,PRIVACY I__wkc AS 63'22'50" E ff z'Q�'`'r /�'w. APPROXIMATE , /00' 1 e` ,(p:UQR SAID DUE ,� OF DUNE \ MOOD gANNtI i AA \ti.6 tip` ' y .• �4) 4.24' f ° •3 1 ti V STEPS AND GATE I 1I IN LOT-56 LOT-54 r ,, '� (M.B. 41, PG. 31) N.B. 41, PG. 31) 000 -- GPIN: 1570-91-6005 GPIN: 1570-91-4112 ''.... DC 1 /4304 SANDY BAY DRIVE ®l 3-STORY FRAME 0 DWELLING I. Q (UNDER CONS7RUCT/ON) J I' M 0 30 ( ' 60 r tr. I I 1 SITE IMPROVEMENT GRAPHIC SCALE PLAN SCALE: 1"=30' PURPOSE: WATERFRONT ACCESS -- = IlXIBBiT A BEACH ACCESS WALKWAY = PROPOSED ENCROACHMENT REQUEST FOR - PAT S. AND DONNA J. FELICIANO DATUM: NIAVD 1988 1 - = SITE ADDRESS: 4304 SANDY BAY DRIVE ADJACENT PROPERTY OWNERS: E- A -- - VIRGINIA BEACH. VIRGINIA 23455 1. BURRELL F h LORRE NAYNOR SAUN DERS 2 BRADLEY J & KATHERINE A WACHOWWK ,. DATE 11/08/2019 REVISION: 01/27/2020 lea SiMMS glisam PLAT: B-23 F.B./PG.: 1038/42 g r g,,,w m w SHEET 2 OF 5 WPL# 216-0093 1 la 41 l'• 441(011rilr 9,ie ...00.9'...i'i ,.."...°''''.. 1 E C. LARGE x I R U tic. No. 15317 01/27/2020 , S%NALEI. S' f 'al 1 t ii v g h m�'m w N 1 h N. tiX • 4.0' k N • _I FRA} 1G CATION& h • ALL PLIES TO BE 8'0 MIN. WITH 15' PENETRATION. o • 'EIDERS AND JOISTS TO BE FULL Yxe' TIMBERS. \ Ii • ALL HEADER BOLTS TO BE%'f WEATHER TUFFS WITH i OGEE WASHERS AND NUTS. g ° • DECKING TO BE COIFOSITE OR 2' TIMBER SECURED WITH STA/EESS STEEL SCREWS. tt ( In it ' PROFILE PLAN N N if..) O h O SCALE: 1"=10' PURPOSE WATERFRONT AOC<sS —� SYB�RR A BEACH ACCESS WALKWAY PROPOSED ENCROACHMEM REQUEST FOR PAT S. AND DONNA J. FEUCIANO DATUM: NAVD 1988 _ SITE ADDRESS: 4304 SANDY BAYINIA 23455 ADJACENT PROPERTY OWNERS: 1. BURRELL F & LORRE MOTOR SAUNDERS z eRAotEr a KA111Qar1�A wACttowwc ; DATE: 11/OS/2019 REVISION: 01/27/2020 *oaf PUT: B-23 F.B./PG.: 1038/42 I.tot�,i no SHEET 3 OF 5 WPLi 216-0093 NOTES: R HAGS ,/' 1. ALL FRAMING LUiI� AND Stall BE CCA 2.5 ROUGH MARINE SALT TREATED. 4 1_"" 11r •.,`� 2. ALL HARDWARE AND FASTENERS SHALL BE HOT DIPPED GALVANIZED. . -• 3. ALL PIES ARE TO BE DRIVEN AT A MINIMUM OF 15' BELOW THE TOP OF TIE SAND OWE. /• f �`- ' CE C. LARGE 'z — _ �_______ 8 Lic. No. 15317 a Y n/A- 3�_d. /o�0 01/27/2020 �� 2 x6 �` 2! (CONDUCTOR To NSuA1J M�. �SS/ONAI. ECG\ SALT TRFJNED HOOD FCR 4'X4' AU.MRCS) alt 4.0' NN, 2ax2r PICKETS 0 4' O.C. 2'x12' BAND r 2'x®' DECKING #-' 8' MAX. 4 ', 11111111111irt NOTE: CONTRACTOR , 2x8' ) • iwi TO VERIFY NUMBER '� OF RISES BASED , , TREADS (2) 2x6 DECKING ON EX. GRADE MIN. 10" (STAIR TREAD NOSING (2)2x8 0 8'-0' RN DEPTH M1N. OVERHANG 3j4" \Pik t MAX. OVER- HANG 1 1/4") 216 BRACE tr•PILE 15' PENEIRM \\ 1l1., a' o�.tax 6" MAX EXISTING DUNE \m 1110444/ , II la 8' MAX �/ \ 7x12 ROUGH I il / >'/,• " yr vemz BOG j ,; y, \ 15' MIN. r• FIE. 15' MORMON15' �I. �,1�• ' . .�, ,< - STEPS TO BE BUILT ALONG EX. sAND • ��/i� !/\' ` SLOPE (THE PROPOSED STEPS SHALL NOT EXTEND BEYOND THE APPROVED SETBAOKS AT A TYPICAL WALK SECTION HEIGHT GREATER THAN 16' i 3J8' = 1' ABOVE THE ADJACENT GRADE.) STAIR & RAIL SECTION DETAILS 1,, = 1' SCALE: NOTED PURPOSE WATERFRONT ACCESS t = EIIO3 BIT A _ -= PROPOSED ENCROACHMENT REQUEST FOR BEACH ACCESS WA1xwAY A r- PAT S. AND DONNA J. F UCIANO i-__- A i DATUM: NAVD 1988 SITE ADDRESS: 4304 SANDY BAY DRIVE ADJACENT PROPERTY OWNERS: VIRGINIA BEACH, VIRGINIA 23455 1. BURRELL F & LORRE MAYNOR SAUNDE DATE: 11/08/2019 REVISION: 01/27/2020 s. Bpup1FyLand uAn A wrrcl�owuuc r- . stmo PLAT: B-23 F.B./PG.: 1038/42 Siate Engird= 4,b m rSHEET 4 OF 5 WPL# 216-0093 NOTES: 1. ALL FRAMING LUMBER AND PILNGS SHALL BE CCA 2.5 ROUGH WRINE SALT TREATED. lee- i► ‘.1... �� 2. ALL HARDWARE AND FASTENERS SHALL BE HOT DIPPED GALVANIZED. _ ,. 3. ALL PILES ARE TO BE DRIVEN AT A MINIMUM OF 15' BELOW THE TOP OF THE SAND DUNE. •' ' CE C. LARGE '� g Lic. No. 15317 LAN D/ G ,/27/L 0E0 �4�- ZOO'�4.14' 12.00' 1. �\LI IlIL : o Nt srAIRs8.00' 2 • • STAIRS pg 4' BEACH /7 ACCESS WALKWAY •_• 7 Q o in 'in q • O 3.14' fi ' • 3 G 3.14' / 1.. h 3.14' ,t o 3.14' � 1 " 80P/LE, 8' O.C. • O MAX, 15' M/N °Z PENETRATION p (TYPICAL) • T0 a REAR REAR ' PROPERTY PROPERTY UNE �4.24' L/NE �4.24' - LANDINGS D Qi 5-6 AND Ezi ,D • D Q DETAILS SCALE: 1"=10' PURPOSE: WATERFRONT ACCESS -_ €; Mann A BEACH ACCESS WALKWAY = _ g PROPOSED ENCROACHMENT REQUEST FOR DATUM: NAVD 1988 NI- _ PAT S. AND DONNA J. FEIJCIANO SfTE ADDRESS: 4304 SANDY BAY DRIVE AD IACENT PROPERTY OWNERS; VIRGINIA BEACH, VIRGINIA 23455 1. BURRElL F & LORRIE IMYNOR SAUNDERS 2. BRADLEY J & RATNER/NE A 1vAC►1o+MAu _ I DATE: 11/08/2019 REVISION: 01/27/2020 s.,'.. win. PLAT: 8-23 F.B./PG.: 1038/42 =In,,%a,,net SHEET 5 OF 5 WPL# 216-0093 y r N .'� s "t'j ,w, r � $ r r s b g�w , - �., :� r<. .w 1570-91-5009 ., " r � �� 4 d v v rr r k ,,, ,o ' ? a1 it ryt' r p ,' O Sq Y,Mw ai e C l • R x` top, . ,\N„-- ' „.4.,,,,,,,,.. ..,.... .. ,. , ,-7.- .2. .., .... ,'''',.., .:„011, , ,„,,,, , , -,' LOCATION MAP ill ENCROACHMENT REQUEST r= PAT S. FELICIANO AND r Legend ! d DONNA J. FELICIANO City Properties . in; GPIN 1570-91-5009 - Feet 1570-91 5009111 ` 0 50 100 200 'repare. •y '.r'• ng. ng. upport Services Bureau 01/28/2020 X:\CADD\Projects\ARC Files\AGENDA MAPS\1570-91-5009 Aerial N I W —�� E I S SI E SHORE DR 1570-91-5009 S v� l YepqO \ \� !it- LOCATION MAP \��pkn,._ ENCROACHMENT REQUEST PAT S. FELICIANO AND Legend DONNA J. FELICIANO City Properties GPIN 1570-91-5009 Feet 1570-91-5009 0 50 100 200 prepared by P.W./Eng./Eng.Support Services Bureau 01/28/2020 X:\CADD\Projects\ARC Files\AGENDA MAPS\1570-91-5009 I M 4. et .t € t a n Si of `.►, - z - ! • . > z i i V. ) T 4304 Sandy Bay Drive Aerial Picture ' , s Lflik 'C-� •q..' Telitr '- stir n ,,, .. .LL*t ,< .r1 •Subject Pictures r ir.la s - Subject Pictures ''` ,; ~3 �,,.� '_d 1 # ,l 1 i 10* " ' ice` . < . ,� ram: a . ",tea#. Subject Pictures 4 41- d � Subject Pictures F i• -jar i 4 g *. yam.. r• 14 . , yam'.: 4 I ' �.. A. M�. �,r ;a - _ r it yam. ±'. „volt. ' • . 4t V: re f 4304 Sandy Bay Drive Aerial Picture 'NB Virginia Beach, APPLICANT'S NAME Pat S Feliciano & Donna J Feliciano 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 1 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. --- f SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin ,Commission and Cit;Council meetinu that;ertains to the a:,i;lication(s). 0 APPUCANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: (000 Ce 0 REVISIONS SUBMITTED DATE: 11/41i3 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: Pat S & Donna J Feliciano 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) N/A (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. E 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:Pat S & Donna J Feliciano If an LLC, list the member's names: Page 2 of 7 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 "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 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ ❑ Accounting and/or preparer of your tax return ® ❑ Architect/Landscape Architect/ Retnauer Baynes Associates,LLC Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed l ® purchaser of the subject property ' 1 (identify purchaser(s) and purchaser's service providers) ® n Construction Contractors Master Development Solutions,LLC ❑ Engineers/Surveyors/Agents WPL Financing (include current Towne Bank ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Z Legal Services Real Estate Brokers / ❑ 0 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 7 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? N/A Page 4 of 7 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. _doe." Pat S & Donna J Feliciano I Is-se -APPtt6 3 DNA E - PRINT NAME DATE -----� ) �. 01-a Page 5 of 7 NB OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) El ❑ Accounting and/or preparer of your tax return ® ❑ Architect/Landscape Architect/ Retnauer Baynes Associates, LLC Land Planner Contract Purchaser (if other than ElXI 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) © Ei Construction Contractors Master Development Solutions, LLC ^I 0 Engineers/Surveyors/Agents WPL Financing (include current Towne Bank ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El ® Legal Services Real Estate Brokers / © Agents/Realtors for current and anticipated future sales of the subject property 4 . SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 1 Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development El fnl t contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? N/A Page 6 of 7 Wavy 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 AppIkati Pat S & Donna J Feliciano (i_1.3_ic, WNER'S SIGNATURE { PRINT NAME DATE Page 7 of 7 [ ,,, , 4 ,,,,,,,.---,.,,,__ , ,,,,, .,., ,,,,t, „,,.,, .,....„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $168,700 in Fund Balance from the Police Federal & State Seized Assets Special Revenue Fund for Police Equipment and Training MEETING DATE: July 7, 2020 ■ Background: The Virginia Beach Police Department requests that the City Council approve the use of $168,700 in fund balance from the Police Federal & State Seized Assets Special Revenue Fund to purchase the following items not funded through the Virginia Beach Police Department's FY 2020-2021 Operating Budget: > Special Investigations Undercover Vehicles - $100,000 > Taser Training Cartridges - $66,000 ➢ Police training - $2,700 Funding will be used to purchase between four to six non-marked replacement vehicles needed for investigative personnel. The Taser cartridges will be used by the Professional Development and Training Unit for training purposes. Each taser user is required to obtain a recertification annually and each police recruit must obtain an initial certification. Successful completion of the certification includes demonstrated use of a taser, including live firings. The Police Department currently has approximately 500 active taser certifications and plans for the addition of up to 100 recruit certifications each year. Therefore, up to 1,500 cartridges are needed this fiscal year to ensure that Virginia Beach Police Department officers are able to maintain appropriate standards for taser use. The training portion of this request will allow the Taser and Body Worn Camera Coordinator to attend the Taser Master Instructor School in September 2020. This multi- day course is provided by the City's vendor Axon and includes instruction on instructor development, end-user best practices training, weapon handling, de-escalation, scenario-based training, and Evidence.com program management. This training will enable the Coordinator, and therefore the Police Department, to be well-versed in the latest practices of this field. • Considerations: According to the United States Department of Justice, seized asset funds are to be used to provide law enforcement agencies monetary resources to assist in accomplishing their mission, but cannot be used to supplant local funding. Rather, seized asset resources must be above and beyond City funding. There is sufficient fund balance in the Police Federal & State Seized Assets Special Revenue Fund to pay for the requested equipment and training. • Public Information: Public information will be provided through the normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager:�jbtL. 1 AN ORDINANCE TO APPROPRIATE $168,700 IN FUND 2 BALANCE FROM THE POLICE FEDERAL & STATE SEIZED 3 ASSETS SPECIAL REVENUE FUND FOR POLICE 4 EQUIPMENT AND TRAINING 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $168,700 is hereby appropriated, with revenues increased accordingly, from the 10 fund balance of the Police Federal & State Seized Assets Special Revenue Fund to the 11 FY 2020-21 Police Department Operating Budget for police equipment and training. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2020. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attorney's Office CA15099 R-1 June 24, 2020 uti y�r CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: An Ordinance to Accept and Appropriate $39,258,497 from the United States Department of Treasury for Coronavirus Relief MEETING DATE: July 7, 2020 ■ Background: In the Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law 116-136), the United States Congress appropriated $150 billion to the United States Treasury for distribution to states, tribes, and local governments, to assist these units of government in their response to the coronavirus pandemic. The purpose of these funds is to cover costs that: (1) are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); (2) were not accounted for in the budget most recently approved as of the date of enactment of this section for the State or government; and (3) were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. Unless a local government's population exceeded 500,000, these funds were paid to the states, who were then responsible for providing allocations to local governments. In May 2020, the Commonwealth of Virginia announced that an initial $644.5 million would be provided to counties and cities of the Commonwealth on a per-capita population basis. Through this formula, the City of Virginia Beach received $39,258,497. On May 19, 2020, the City Council authorized the Mayor, City Manager, and Director of Finance to execute a funding certificate required by the Commonwealth. In this action, the Council directed the City Manager to provide a detailed plan for the expenditure of CARES Act funds prior to June 30th. A briefing that contained the proposed allocation of City CARES Act Relief Funds occurred during the Council's June 16, 2020 informal session, and the public hearing necessary to appropriate funds in excess of 1% of the annual budget occurred on June 23, 2020. • Considerations: City management recommends that the Council appropriate CARES Act Relief Funds in two steps. As discussed at the June 16 briefing, the recommendation is that the City Council accept and appropriate all of the $39,258,497 provided to the City from the United States Treasury via the Commonwealth of Virginia to the Grant Fund, but only appropriate $29,258,497 for immediate needs while reserving the balance for future consideration by the Council. Using the guidance categories in Treasury publications, the $29,258,497 would be appropriated in the following manner: United States Treasury Purpose Amount Guidance Category 1 Medical Expenses $70,187 2 Public Health Expenses $10,164,525 3 Payroll Expenses $2,367,490 4 Compliance with Public $2,156,295 Health Measures 5 Economic Support $14,500,000 6 Other $0 Total $29,258,497 This distribution will enable the City to make immediate support payments to the people and businesses of Virginia Beach and will help the City reimburse itself for expenses already spent responding to the pandemic. Additionally, the allocation allows the City to invest in additional activities that will augment the City's response and take additional precautions designed to bolster the well-being of City residents and the City workforce. The remaining $10 million will be appropriated to a reserve in this ordinance. The $10 million would then be subject to a requirement of future Council action, which is anticipated to occur in September. This phased approach will allow the City time to further evaluate the potential new or additional needs of both the City and its citizens in the coming months. Moreover, the additional time will allow a review of the effectiveness of the initial allocation and how the remaining $10 million is best programed among the permissible programs. • Public Information: This item will be advertised through the normal Council agenda process. A public hearing was held on June 23, 2020 to comply with the requirement of a public hearing when a budget amendment exceeds 1% of the budget. A public briefing regarding this item occurred on June 16, 2020. Also, the City has established a dedicated website to provide information regarding CARES Act funding at: www.vbgov.com/government/departments/finance/cares-act/Pages/default.aspx. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager: T/li t, 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $39,258,497 FROM THE UNITED STATES DEPARTMENT 3 OF TREASURY FOR CORONAVIRUS RELIEF 4 5 WHEREAS, the Commonwealth of Virginia received a payment from the United 6 States Treasury through the Coronavirus Aid, Relief, and Economic Security (CARES) 7 Act's Coronavirus Relief Fund; 8 9 WHEREAS, the Commonwealth of Virginia has passed portions of these federal 10 funds along to cities and counties of the Commonwealth; 11 12 WHEREAS, the City of Virginia Beach received a payment of $39,258,497 from 13 the Commonwealth of Virginia's federal funds; 14 15 WHEREAS, Section 8 of the Annual Appropriation Ordinances authorizes the 16 expenditure of grant funding over multiple fiscal years if the period of expenditure of such 17 grant includes more than a single fiscal year; 18 19 WHEREAS, notwithstanding the date of adoption, the Council intends for this 20 appropriation to include reimbursable expenditures as permitted by the CARES Act, 21 which extends back to March 1 , 2020, and accordingly, the appropriation of this grant is 22 made to the Fiscal Year 2019-20 Operating Budget; and 23 24 WHEREAS, the funds provided by the United States Treasury are required to be 25 spent or returned by December 30, 2020. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA THAT: 29 30 1 . $39,258,497 in federal funds from the United States Department of the 31 Treasury, through the federal Fiscal Year 2020 Coronavirus Relief Fund, via 32 the Commonwealth of Virginia, is hereby accepted, with federal revenue 33 increased accordingly, in the Grant Fund of the Fiscal Year 2019-20 Operating 34 Budget. 35 36 2. $29,258,497 is hereby appropriated to the Grant Fund for the following 37 purposes in the Fiscal Year 2019-20 Operating Budget: 38 39 a. $70,187 for medical expenses; 40 41 b. $10,164,525 for public health expenses; 42 43 c. $2,367,490 in payroll expenses; 44 45 d. $2,156,295 for compliance with public health measures; and 46 47 e. $14,500,000 for economic support. 48 49 3. $10,000,000 is hereby appropriated to a dedicated reserve in the Grant Fund 50 of the Fiscal Year 2019-20 Operating Budget. This $10,000,000 shall be 51 ineligible for expenditure unless and until the City Council enacts a resolution 52 or ordinance authorizing the expenditure of such funds. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2020. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY Budget and Management Services C ey's Office CA15093 R-2 June 18, 2020 J. PLANNING 1. TIMOTHY HANDLON for a Conditional Use Permit re short term rental at 4504 Ocean View Avenue DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. BQ VENTURES, LLC for Conditional Use Permits re short term rentals at 406 23rd Street, Units Al, Bl, & B2 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. JOSETTA DANNER for a Conditional Use Permit re short term rental at 518 14th Street COUNCIL DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. KATHLEEN PAIGE SIMMONS & GRANT SIMMONS for a Conditional Use Permit re short term rental at 3608 Dupont Circle DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 5. CREEKSIDE GETAWAY,LLC/DAISY JADE for a Conditional Use Permit re short term rental at 3214 Creekside Drive DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 6. CHRISTOPHER J.MASSARO/CHRISTOPHER J.MASSARO REVOCABLE TRUST for a Conditional Use Permit re short term rental at 209 55th Street DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 7. NICK TREBON for a Conditional Use Permit re short term rental at 421 21 'A Street, Unit D DISTRICT 6—BEACH RECOMMENDATION: APPROVAL , ....,.., rr.r.,icitit..4,(...s. ,,,,s.;...r...t.,.14, ,c,t, 8Z (u° ...:S `b p-S i`y ° 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,July 7, 2020 at 6:00 p.m., at which time the following applications will be heard: Timothy Handlon[Applicant&Owner]Conditional Use Permit(Short Term Rental)4504 Ocean View Avenue (GPIN 15707200654504) COUNCIL DISTRICT-BAYSIDE BQ Ventures,LLC[Applicant&Owner]Conditional Use Permits(Short Term Rentals)406 23rd Street, Units Al,Bl,&B2(GPIN 2427083837)COUNCIL DISTRICT-BEACH Josetta Danner [Applicant& Owner] Conditional Use Permit(Short Term Rental)518 14th Street (GPIN 2427053620)COUNCIL DISTRICT-BEACH Kathleen Paige Simmons & Grant Simmons [Applicants & Owners] Conditional Use Permit (Short Term Rental) 3608 Dupont Circle (GRIN 1489581709)COUNCIL DISTRICT-BAYSIDE Creekside Getaway, LLC [Applicant] Daisy Jade [Owner] Conditional Use Permit (Short Term Rental) 3214 Creekside Drive (GPIN 1496103974)COUNCIL DISTRICT-ROSE HALL Christopher J. Massaro[Applicant]Christopher J. Massaro Revocable Trust[Owner]Conditional Use Permit(Short Term Rental)209 55th Street(GPIN 2419708246)COUNCIL DISTRICT-LYNNHAVEN Nick Trebon[Applicant&Owner]Conditional Use Permit(Short Term Rental)42121 V2 Street(GPIN 24270823850004)COUNCIL DISTRICT-BEACH Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htto://www.vbeov.com/oc• For information call 385-4621. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: •Register for the WebEx at: nttps://vbgAv.webex.com/vbBou/onstaR.e;y.Pho? MTID=e 651-d74t 65 34h•Pa71d278b3e 2 •Register with the City Clerk's Office by calling (757)385-4303 or via email at ABarnes@vbgov.com prior to 5:30 p.m.on July 7, 2020 If you are physically disabled or visually Impaired and need assistance at this meeting.please call the CITY CLERK'S OFFICE at 3854303;Hearing impaired call 711. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON:June 21&28,2020-1 TIME EACH 47 v1/ r ,' /rrr r� // I fJ/ ''::// / , f / I fj ' / • ( , / 4.4''''....,,,....., //r''' / . : :,/ If 5/R il, .''..„,,„ ,.:. , i _ - _ ./-----... f ` , ,' ‘ . . , 11, R-5 R / / -../ / ./ v C. Cb Jr °Ce r Q R=5# wq ke / Lb 47 / h ve -...,.. ,.. / ,„ / R-5 I 4''** ,r ,, i N, ��, Site Timothy Handlon " �V r Property_P o ryg on s 4504 Ocean View Avenue QZoning lParking Lot Dare Aisle Feet Building 0 510 20 30 40 50 60 I 45 Cir CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TIMOTHY HANDLON [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 4504 Ocean View Avenue (GPIN 15707200654504). COUNCIL DISTRICT — BAYSIDE MEETING DATE: July 7, 2020 ■ Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use on a 2,500 square-foot parcel zoned R-5R Residential District (Shore Drive Overlay). The site is developed with a duplex dwelling, which according to City records was built in 1996. The applicant does not own the adjacent condominium unit at 4508 Ocean View Avenue. The maximum occupancy for guests on-site after 11:00 p.m. is three persons per bedroom, or nine persons in this case. All three required off- street parking spaces are provided on-site, two in the driveway and one in the garage. • Considerations: The property is located within the Chesapeake Beach neighborhood of Virginia Beach, which consists of a mixture of duplex and single-family dwellings. The subject site is one block from the public beach of the Chesapeake Bay. As such, Short Term Rental use is common and expected in this area. All three required parking spaces can be accommodated on-site, two in the driveway and one in a garage. Staff believes that all other requirements of Section 241 .2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There were four speakers who voiced opposition to the application at the March 11, 2020 Planning Commission public hearing. Comments were related to the potential negative impact to the neighborhood, concern about possible changes to the character of the area, and the number of Short Term Rentals located in the vicinity. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 8-0. Timothy Handlon Page 2 of 3 1 . The following conditions shall only apply to the dwelling unit addressed as 4504 Ocean View Avenue and the Short Term Rental use shall only occur in the principal structure. 2. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 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- Timothy Handlon Page 3 of 3 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rental. 11.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map 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 & Property Owner:Timothy HandlonliB Agenda Item City Public Council Hearing:Election DistrictMarch11,: Bayside2020 8 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner Kevin Hershberger Location 4504 Ocean View Avenue \` GPIN \ 15707200654504 Site Size 2,500 square feet f Existing Land Use and Zoning District ` Duplex/ R-5R Residential Surrounding Land Uses and Zoning Districts North Single-family dwellings/ R-5R Residential South Ocean View Avenue x Duplex/ R-5R Residential East • 2�; Duplex / R-5R Residential / West d ' ..a if < Duplex / R-5R Residential f ' t414'.'r ' re " ' ' * Timothy Handlon Agenda Item 8 Page 1 Background & Summary of Proposal Site Conditions and History • The property is approximately 2,500 square feet and is located in the R-5R Residential District (Shore Drive Overlay). • The duplex dwelling is located on the property, which according to City records was built in 1996. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. Short Term Rentals in the Vicinity too l, i 0 �Nj��lll�_ 4.4 o --- ', 4kots. Wel.ir-- / 2 ,/ •1, ; 1NO- ��4 yew r •STATUS y l =( '44ai S. N'm.-i- lyas 1v 'Cl:/ ty o Approved _ r:r.J rsi Denied i fie -� , -\\:- ./ l(7�I�S1y(�` U Under Review fie , �J~,r . ', f gi O Restered IV. f Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for the 4504 Ocean View Avenue located on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided: 3 Timothy Handlon Agenda Item 8 Page 2 **Ap " alksitip OP' JI� ` /� : i �� Zoning History (.�*D enp, h.,. �� # Request 7 � 1 STR(Short Term Rental)Pending Public Hearing 05d crd4 r i Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The property is located within the Chesapeake Beach neighborhood of Virginia Beach,which is home to a mixture of duplex and single-family dwellings.The subject site is one block from the public beach of the Chesapeake Bay.As such, Short Term Rental use is to be expected. This property is located in a neighborhood that is mostly duplexes.The parking is available on site.As permitted by the Zoning Ordinance,the Zoning Administrator has reviewed the submitted parking plan and determined it acceptable.All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. 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 4504 Ocean View Avenue and the Short Term Rental use shall only occur in the principal structure. 2. The garage space within the unit must remain a minimum of 9-feet by 18-feet,contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 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. Timothy Handlon Agenda Item 8 Page 3 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. 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. Timothy Handlon Agenda Item 8 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 • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 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 February 24, 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 March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,June 21, 2020 and June 28, 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 June 22, 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 July 3, 2020. Timothy Handlon Agenda Item 8 Page 5 Site Layout & Parking Plan 15 if 501cr is KR - p040 FENCE & LETAINiVa $At-t, OW f •IT MICR_ #i.' ...16-`4.I:01 -N.. N. /4' !.R Unit i t•l _- p4508 4504 Lt., Parking; I t in � garage _1__ and2 4n a surface ""spaces oc so.0 .... g „.................. Ocean View Avenue (7o' Timothy Handlon Agenda Item 8 Page 6 Site Photos n 6. ; 00.414 As I1 f -) Timothy Handlon Agenda Item 8 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME Timothy Handlon 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 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/Ail disclosures must be updatec two 2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertaIns to the applicationis). A-47v® APPLICANT NOTIFIED Of SEARING DATE e /,g'�2n m NO CHANGES AS OF DATE .4(, �40 lll��w REVISIONS SUBMITTED DATE: z�/_p 6Ar Zb Timothy Handlon Agenda Item 8 Page 8 Disclosure Statement A/13 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:Timothy Handlon If an LLC, list all member's names: If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 onl ro ert r i 1 er t m A Ii n . ❑ Check here if the PROPERTY OWNER IS NOT a poration, partnership,firm, business,or other unincorporated organi on. • Check here if the PR P TY O /S a corporation, partnership,firm, business,or other unincor ated organization,AND THEN,complete the following. (A) List the Progerty Owner's name: If an LL ist the member's na : Page 2 of 7 Timothy Handlon Agenda Item 8 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-subsi ' ry 1 or affiliated business entity 2 relationship with the Property Owner: ttach list if necessary) /i 1 "Parent-subsidiary relatio ship means "a relationship that exists when one corporation directly or indirectly owns shares p sessing more than 50 percent of the voting power of another corporation." See State and Local G ernment Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated siness entity relationship" means "a relationship, other than parent-subsidiary relationship// hat exists when (i)one business entity has a controlling ownership interest in the other buslnesskntity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) t .re is shared management or control between the business entities. Factors that should be c� idered 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 i 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 Timothy Handlon Agenda Item 8 Page 10 Disclosure Statement APPLICANT via Beach YES NO SERVICE PROVIDER(use additional sheets If needed) F ❑ Accounting and/or preparer of Don Harvey,CP your tax return 602 E Lincolnway,Valparaiso,IN 46383 ® ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Aoalicant)-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) 4 Construction Contractors Engineers/Surveyors/Agents Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / �-� Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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 Timothy Handlon Agenda Item 8 Page 11 Disclosure Statement • Ni3,... 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 1 meeting, or meeting of any public body or committee in connection with this Application. Timothy Handlon /� APPUCANT'S SI ATURE PRINT NAME DATESIrI Page 5 of 7 Timothy Handlon 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. Timothy Handlon Agenda Item 8 Page 13 / /alai i ' wry ?i, ,-_ . (- 441 i iC.---. /-------4-..- hillt.Litql1 t..,..----..-4 • ----.7-6!r-4111/ . -44 Al A .., dia)ils. ... • _,,, tar --i" AINTINI4 riw ig aft/ elogniiii,, . ''''- / aliimi,.111111111 1* ilopith ---. , 1411111/401..Hosi 4i-.1.1 7-7.4Z‘, 44-,-P,- 4 .1----,-W..'T i.:7L:07t7-7&-,-----!-4! / 1 : f7:774i.I1--6--: irilti 14"31A11171.111h11.-11. 11111111L1111 -- - 4*1Ir -_:, ; . .i ,-.4 at,/ ir - _ . . , (0:-__ 8 iiir ,f- sift. 4r.w.*, :' ,-:i_. u _ as 1#111* . ---___----' 1-- 7.--4,- -___"1 „, 7 : ,,,,,Aff /::, / ,,_40,/ so -c8r----r----- .-.1:z_____ im ftip, %Ar ,./- lilt II 197 at ,,,. efiaor ,•' ---v,.,, - , . Alegir I/ ., --___ --_____ 3 .:441,1 ----- ' --- --- -----PJe ' ---, --- I --- _ -----__ Aa --------______ ._. **, ------- - /no - -- i /V ally -- --0 l'i Old ti) iii ccl- SA) at , _'''' II _. , ,,_.•-___---__Is..-. . _Iii ,_ _ 41111t •, - --- eqiJoN T.- - - L__-__--- ___ . .. a, . a) D < CD D CC i-- , 7.--------- . - _ - '---. .i :, -7--- 11( 0 0 -. --, ,.. * 11%4 its --,..,... : ' _ - ___ co // ---T-F---.__,_1 ' i 7— -...-----.---------.." t _ Item#8 Timothy Handlon Conditional Use Permit(Short Term Rental) 4504 Ocean View Avenue March 11,2020 RECOMMEND FOR APPROVAL-HEARD Ms. Sandloop: It's okay, agenda item number eight Timothy Handlon, an application for Conditional Use Permit Short Term Rental on property located at 4504 Ocean View Avenue located in the Bayside district. Will the applicant's representative, please step forward. Ms. Alderman: All I have to say about this one has plenty of parking; hopefully you'll be able to see by the design. This is also Bear, this is what he goes by but lots of parking. That's all, I think we've met all the conditions. So thank you. Ms. Klein: I do have a question though. So he owns two properties, but the first one is his primary? Ms. Alderman: Yes. So this one was his primary,he just moved into Seaview. And so this is a full rental. Ms. Klein: Okay. Ms. Alderman: Yes. Ms. Klein: Thank you. Ms. Sandloop: Mr.Vice Chair,we have the same four speakers for this one. Larry Horvath, followed by Michelle Zimmerman. Mr. Horvath: I'm gonna try to point out a couple of little quick items. I'm a structural engineer by training and I'm so old, I actually worked on the original structural engineering of the first Westminster Canterbury tower. That's not the reason why I stayed through the whole hearing,but because I feel strongly about this issue. It's not just meeting the criteria of parking and occupancy, and insurance. These neighborhoods are on the cusp of turning. And the other criteria that I don't think you've addressed is the issue of density, how many of, this is what the Conditional Use Permit is for? It's so that you can address unusual situations and let them in when they're non-conforming, but at some point a neighborhood is going to turn. And as you can see, it's the same owner has got, owns two of these. So I think there's something else going on here. I think there's a little bit of an investment issue and but I'm,let me stick to the point. The point is, is that you've got to decide when a neighborhood has had too many. And the residential flavor is turning now to a resort type of zoning. We have zoning laws for reasons. And the reasons are good because people aspire to be homeowners and to learn who their neighbors are and to become familiar and comfortable. Thank you. Mr. Weiner: Thank you, sir. Ms. Sandloop: Michelle Zimmerman followed by Sarah Houck. Ms. Zimmerman: You have given me an education. I have nothing more to say other than our position that we, for many reasons are looking towards the historical preservation and other issues of keeping the character of our neighborhood the way it is. Thank you very much. Ms. Sandloop: Sara Houck followed by Ron Segerblum. Ms. Houck: I'm just concerned about is starting to be a cluster and like a big, bigger business area where it's residential. That's my only concern about the second one, and the other one being so close together. Mr. Redmond: Excuse me, Mr. Chairman, don't go away. Where do you live in relation to this property? Ms. Houck: I live down the beach on the other side of the bridge. Mr. Redmond: Down the beach on the other side of the bridge. Ms. Houck: Yeah. On the west side of the Bay Bridge. Mr. Redmond: West side of the bridge. Okay. Thank you. Ms. Sandloop: Ron Segerblum. Mr. Ron Segerblum: You could hit rewind on my comments. Mr. Weiner: Thank you sir. Ms. Sandloop: Thank you. Mr. Ron Segerblum: This is an issue we're not going to go away though,we don't want to see the neighborhood changed. Mr. Weiner: No problem. Thank you. Ms. Sandloop: No more speakers Mr. Vice Chair. Mr. Weiner: No more speakers, discussion closed and well wait a second, okay. We're gonna close this, open up for discussion. Mr. Redmond Mr. Redmond: Meets the ordinance so far as I can tell in every way, I therefore move approval of the application. Mr. Weiner: We have a second, second. We have motion and a second. Ms. Cartwright: Vote is open. Ms. Sandloop: By recorded vote of 8-0 agenda item number eight has been approved. Next item is item number nine Nikita Stepanov, an application for Conditional Use Permit Short Term Rental on property located at 932 Delaware Avenue located in the Beach District. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 4504 Ocean View Avenue and the Short Term Rental use shall only occur in the principal structure. 2. The garage space within the unit must remain a minimum of 9-feet by 18-feet,contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 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. 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. 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. t '4 \ _ - / ``•,, t r ,J6 �1 I _r---' 4 T...„ \ \....„. r -- 23r 'Cr'; V $ L'It ------- iii \ \„,i, \II I, A-361\`' ` \, ___, oppo \ , \ -.1..-- , \„, . 1 \i„, i 4k, /#' i,\_____:\, ,,, \ \ A-1�2 / 's, A \k„.....\ - , �' /• 77 R ti 1 1 __ :, _.--\--1-___-\\ ti feet -- \ \ , , \\...,...ii i_____2:04:4#0‘ J` 4 n \ ).--- ,; t -.00.0.00. ; Q 1, 4 A-36 \ '', _____,-- .„------_Ito.- ,•••••"\ ‘''-- \ \ co 1. \ y ,l 1 (1) \\ • ' 1, __ ___-,-, ,, \ -1\ \It ,, y5}I 1 t ` .��, site BQ Ventures, LLC " y�=�° Property_P o tyg on s m 406 23rd Street Units Al , B1 , B2 QZon in g Parking Lot Drive Aisle Feet Building 0 10 20 40 60 80 100 120 i „„ , ,,..,;054,41;, <i ;;4' 'II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BQ VENTURES, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 406 23rd Street, Units Al, B1 & B2 (GPIN 2427083837). COUNCIL DISTRICT — BEACH MEETING DATE: July 7, 2020 • Background: The applicant is requesting a Conditional Use Permit for three Short Term Rentals on an 8,450 square-foot parcel zoned A-12 Apartment District, Old Beach Overlay. The property is located in a residential neighborhood that consists of a mix of unit types, including single-family, duplex and multi-family. The subject site is developed with three apartments with a total of eight bedrooms. Two units have two bedrooms and one unit has four bedrooms. The maximum occupancy for guests on-site after 11 :00 p.m. is three persons per bedroom, or twenty-four persons in this case. All eight required parking spaces are provided on-site, four located in the driveway next to the structure, and four in the rear of the property accessed from the alley. • Considerations: The property is approximately '/ miles from the public beaches of the Atlantic Ocean and in an area where Short Term Rentals are common. All eight required parking spaces can be accommodated on-site. The property is within the boundaries of the Residential Parking Permit Program (RPPP), and therefore a condition is recommended that parking passes issued for the dwelling unit through the RPPP be limited to two for the residents of each unit, and guest permits associated with the Short Term Rental and temporary permits be prohibited. Staff believes that all other requirements of Section 241 .2 of the Zoning Ordinance can be reasonably met. There is no known opposition to this request. Further clarification, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: On March 11 , 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling units addressed as 406 23rd Street units Al / B1 / B2 and the Short Term Rentals use shall only occur in the principal structure. BQ Ventures, LLC Page 2 of 3 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. 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. BQ Ventures, LLC Page 3 of 3 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rental. 11 .No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map Site Photos STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 60 City Manager:'L, ABApplicant & Property Owner: BQ Ventures, LLC Agenda Items Public Hearing: March 11, 2020 14, 15, City Council Election District: Beach & 16 Virginia Beach Request #14- Conditional Use Permit (Short Term Rental) - Unit Al #15 - Conditional Use Permit (Short Term Rental) Unit B1 #16 - Conditional Use Permit (Short Term ;* . Rental) - Unit B2 * Staff Recommendation 100 Approval .SI lik Staff Planner TPA ioi iwim la Kevin Hershberger 1111 Location , 406 23rd Street Units Al, B1, B2 -' • GPIN 00..111111111i 2427083837 • Site Size 8,450 square feet ,_ Existing Land Use and Zoning District { _ ' - - ! , %, + kApartments/A-12 Apartment (Old Beach 1- . ! Overlay) % , - =r Surrounding Land Uses and Zoning Districts t 4 .. North 1 �ys�. •.iii k * , ,_ \•40 23`d Street *_' Single-family dwellings/A-12 Apartment (Old t`` �r ;. ! Beach Overlay) ' Ai • South '', , ey e„'; 4 , `- t, ` �- 22nd % Street (alley) �, y 4. M✓�v.'. i Apartments/OR Oceanfront Resort *r East t _ , R 1 t Apartments/A-12 Apartment West Single-family dwellings/A-12 Apartment BQ Ventures, LLC Agenda Items 14, 15, 16 Page 1 Background & Summary of Proposal Site Conditions and History • The lot is 8,450 square feet and its zoned A-12 Apartments OB (Old Beach) overlay. • According to City records, this apartment building was built in 1940. • Staff inspected the site on January 9, 2020 to observe site conditions and take photographs for this report. • The property lies within the RPPP boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. Short Term Rentals in the Vicinity 1 ,may ---- i_i- -1.i,,`t 4,k, al',.,6 ,44.-k , tb"5 . N ,o ,tee-\ 1 �_ t v tom- VL t 0.-1\-- tip _ __-„_. ,:\t-) _�;i1. �Ijt,.ttStt �\`e�_ '?am � aa -- - \ 0,ks.t7. . -0, --\,\- --\ ---- \ t, , _ .?..‘- Scar ` _ 1 \e L,--L' n _ i °cam ------ ' 1', , A c _tee UA -- -\1 \ STATUS T 1 4 ,_ ® Approved -11 ,,� \-1- 1 Denied � 1 ,rG ', 01— ' 11 Under Review �1 � �— , :%� �� 1 � O Registered 1i((1�1�_} {^y { `1(_�~`1 �B- �j�get Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for the 406 23rd Street Units Al / B1/ B2 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 parking spaces provided on-site: 8 BQ Ventures, LLC Agenda Items 14, 15, 16 Page 2 Unit Unit Unit Al B1 B2 Number of bedrooms in the Short Term Rentals: 4 2 2 Maximum number of guests permitted on the property after 11:00 pm 12 6 6 (maximum 3 per bedroom): Number of parking spaces required (1 space per bedroom required): 4 2 2 Number of parking spaces provided on-site: 4 2 2 —� !__,\\ \ CiU - A- `.� o nllitli417 1 I __.1--q3,d stro°t cal . lila . i - 0 3 Zoning History ax°8" # Request •"aa o o 1 NON Withdrawn 10/16/2019 �a,d°�4`43 B 0 >t ^ a o � • 2 NON Approval 5/8/2007 l�s\ 3 NON Approval April 10, 2012 1 4 CUP Withdrawn 4/18/2012 \� rA _ d8�� OR y 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 & Recommendation The applicant is requesting a Conditional Use Permit for a Short Term Rental on this 8,450 square-foot parcel zoned A-12 Apartment District Old Beach Overlay. There are three apartments with eight bedrooms on the site. Al has 4 bedrooms and B1 and B2 have two bedrooms.The maximum occupancy for guests on-site after 11:00 p.m.for a four bedroom Short Term Rental is 12 and for a two bedroom Short Term Rental is 6. The minimum number of parking spaces required for a four bedroom is 4 parking spaces and 2 parking spaces for a 2 bedroom, for a total of eight parking spaces required on site. As mentioned above, the property is within the boundary of the Residential Parking Permit Program, so while the Conditional Use Permit is active, parking passes issued for the dwelling unit through the RPPP will be limited to two for the residents of the dwelling, and guest permits associated with the Short Term Rental and temporary permits will not be permitted. This property is located in a mixed residential neighborhood. The parking is available on site. As permitted by the Zoning Ordinance, the Zoning Administrator has reviewed the parking plan and determined it acceptable.All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. BQ Ventures, LLC Agenda Items 14, 15, 16 Page 3 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 units addressed as 406 23`d Street units Al! B1/ B2 and the Short Term Rentals 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. 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. BQ Ventures, LLC Agenda Items 14, 15, 16 Page 4 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 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 February 24, 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 March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,June 21, 2020 and June 28, 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 June 22, 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 July 3,2020. BQ Ventures, LLC Agenda Items 14, 15, 16 Site Layout & Parking Plan 22nd 1/2 Street 2 parking 2 parking spaces for spaces for Unit Bl Unit B2 _ — co 1 2 4 parking spaces for unit Al 3 3 Unit Apartment 1 _.. 4 23rd Street BQ Ventures, LLC Agenda Items 14, 15, 16 Page 6 Site Photos PI • 1/10 • 1 j{! _ BQ Ventures, LLC Agenda Items 14, 15, 16 Page 7 Site Photos ,f . Fill . _ . . , I. �::� 1�t,J . BQ Ventures, LLC Agenda Items 14, 15, 16 Page 8 Disclosure Statement Anri3 APPLICANT'S NAME BO Ventures, 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 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE a — Page 1 of 7 /('L'(/ ` X*/ hL?(/ t DATE: j/Ti7 i BQ Ventures, LLC Agenda Items 14, 15, 16 Page 9 Disclosure Statement 1/13 Virginia Beath El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:BQ Ventures, LLC If an LLC, list all member's names: Steven W.Bishard, President///John K. Bishard,Vice President Alexander Quick,Assistant Operating Manager If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Bishard Development Corporation Stephen Alexander Homes,LLC 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. El 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: if an LLC, list the member's names: Page 2 of 7 BQ Ventures, LLC Agenda Items 14, 15, 16 Page 10 Disclosure Statement 'NB 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 t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity Is also a controlling owner in the other entity,or (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 BQ Ventures, LLC Agenda Items 14, 15, 16 Page 11 Disclosure Statement Nt13 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return ��(� Architect/Landscape Architect/ luJ Land Planner Contract Purchaser Of 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) nConstruction Contractors IXl Engineers/Surveyors/Agents WPL Financing(include current TowneBank X n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nn Legal Services R.Edward Bourdon,Jr.,Esquire 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 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 BQ Ventures, LLC Agenda Items 14, 15, 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. II 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. APRICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 BQ Ventures, LLC Agenda Items 14, 15, 16 Page 13 Disclosure Statement Vi3 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) ❑ E� Accounting and/or preparer of ,, your tax return n 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 ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ ® Construction Contractors ZEl Engineers/Surveyors/Agents WPL Financing(include current TowneBank ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services R.Edward Bourdon,Jr.,Esquire Real Estate Brokers/ Agents/Realtors for current and I N anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have z an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 BQ Ventures, LLC Agenda Items 14, 15, 16 Page 14 Disclosure Statement 1/13 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. OWNER lily/2c. n PR PERTY 'S SIGNATURE PRINT NAME _ DATE Page 7 of 7 BQ Ventures, LLC Agenda Items 14, 15, 16 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. BQ Ventures, LLC Agenda Items 14, 15, 16 Page 16 ti _ tVit c0. '', . :�:; :::n , , -7„.. , 7� �sy IP t \ , ' -- SIL., • _ \1116 . \v_____:,,,, \ 0?-_____ sail - Ai, N.H.V?9,7--1 -.2, *---I f 5 V'Al:,..\* paluaG . , , SS - SVI, --i-?•vis ____ ,_______3 4 ),,- - -,. \ ', „...i/Av-ii 1", li '10111 ; \ , . , ,_ . , i • \..___----- ---------; V ), , .' 1 ---- ', ', 1 . OPP, ', i. ',, :',,___--1)6 . --la 0 igna \ \\S,', . ,._- •_.,--- ;:` ____;."----,1-1 , ? ---- --- -- VIR ''''., Its* \_00_,,fi)------‘ .. traia-to:---r-0\ _\_\-\-- . ' vair__,' 4. __\-.--Atili , _\„\.___ s 9-- 0/1‘,5 2"" , a _--- _ as \ 0.- . ''!\;:5:1( ‘....s . �_- - --_ .... t _ r ______.. __, c , i �, '. �. i as i � , _ - a ' s :44; - , ..--0 11: lit- 11, � '�► • C • I , \ . t ' , rD ' • ''� �J_ It- „ \ \,',. ' '• . ,, it. , \ ,,.____,---_-_. ___-::: _-___,„..f-- �A (` l0 i_1 --_- 1 t c''' 1' 1 F } }aa -) _ = /cv , __ j _ •=-__ _40 „- , s 1 �,y•, 1/,i'I(y/,.��tt4�.� {{ o fir: , . A'/ 1 v. BQ VENTURES, LLC aid "`" - - ,,,,‘,. ,ue' wt 1�,t, �`4� t '� • . M .. 41%Or fr. �� rt i . '‘ 1 -*11-11 ,1' ''' ' 7 A BQ VENTURES, LLC Item#14,15,16 BQ Ventures,LLC Conditional Use Permit(Short Term Rental) 406 23rd Street Units Al,B1 and B2 March 11,2020 RECOMMEND FOR APPROVAL-CONSENT Mr. Redmond:Thank you, Mr. Bourdon,and I neglected to ask if there was any opposition to this matter being placed on the consent agenda. Hearing none, the chairman has asked me Mr. Redmond to review this application. The applicant is requesting to rezone an approximately 7000 square foot parcel from community B-2 community business district to R-5R residential district. This is a very old lot and house, was created in 1916 and single family dwelling was built in 1920, all of this predated the zoning ordinance. Princess Anne County adopted its first zoning ordinance in 1954 and the property was designated then as CL 3, which is a limited commercial zoning district rather than a residential district. The owners of the property are now proposing to redevelop it to demolish that house and to replace it with a duplex, which you can see there. The elevations are appropriate for this part of the city in this part of Shore Drive. It's a very odd shaped property; it appears to have been a site design, thank you, a site design that well fits the shape of the property. The particular part of the building that faces the roadway will be is the part that has the greatest architectural articulation. In short, it's an appropriate application for this type of property particularly given history with the city; there is no opposition to the amendment and the commission concurs with the staff's recommendation of approval and therefore approves it by consent. And with that, Mr. Chairman, that was the last item on our agenda. I therefore make a motion. I forgot to Short Term Rentals. Yes, I have my extra paragraph. Ladies and gentlemen, Short Term Rentals. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rental on the consent agenda, as these applications meet the applicable requirements of Section 241.2 of the zoning ordinance. Staff supports the applications and there is no known opposition to the requests. Those items are agenda items number 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43. That, Mr. Chairman, I move that we approve agenda items number 1, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 by consent. Mr. Weiner: Do I have a second? Mr. Horsley: Second. Mr. Tajan: Okay. May I clarify; number two is also added on to the consent agenda. Mr. Redmond:I am sorry. Number two is added to the consent agenda. Thank you. Good catch. Mr. Alcaraz: I need to abstain from items 23, 24, 25, and 26, I have extensive business dealings with one of the parties involved on these agenda items. Mr. Inman: I need to disclose that as to items 14, 15, 16, 27, 28, 29, 35 and 36, which indicate Town Bank as financing. I am on the advisory board for Town Bank, Virginia Beach. And for the conflicts of interest act, I'm disclosing this fact but I will be voting on these items. I'm able to vote on this matter as Planning Commission is the only and advisory group. I'm not involved in any monetary decisions of Town Bank on these matters and do not make sufficient funds from Town Bank appointment that I can not be fair and impartial. Therefore I'll be voting on those. Mr. Weiner: Thank you. Like to thank the applicants the very few of the applicants that have been on the consent agenda and your date now will be scheduled to go up the city council. The next order of business is items to be heard. And Madam Clerk, please start that please. AYE 8 NAYO ABS 0 ABSENT3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 406 23rd Street units A1/B1/ B2 and the Short Term Rentals use shall only occur in the principal structure. 2. While this Conditional Use Permit is active, parking passes issued forthe 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 ShortTerm 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 numberof people who may stay overnight(numberof bedrooms times three)shall be held at the Short Term Rental and the property on which it is located.This ShortTerm 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 numberof 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 ShortTerm Rental within thirty(30) minutes.Physical response to the site of the ShortTerm 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 ShortTe rm 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 ShortTerm 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 understate law,interconnected smoke detectors(which may be wireless),afire extinguisher and,where natural gas or propane is present,carbon monoxide detectors shall be installed in each ShortTerm 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. &"1() 7 It 1 �§ B-2 1 ri ) I% o 19#' 1tlf i L- i J a f 1 � aq �1,.. , /5/9D t .t 0 \ \ 0,1 -,....„ 0 , ----„....T..:::---„,,,, " r-R-,5 D R--5D7 , , C., �/ ./ � ,, / "1/4. / G . > ----,, O ..``-/ ,, Site ", �/~ Kathleen Paige Simmons & Grant Simmons '11, Property_Po'ygons 3608 Dupont Circle Zoning Parking Lot Drive Aisle Feet Building 0 '10 20 ?0 40 '0 50 I `U .., , 4 :° c� r.„,ft, -„, `4 ,,,,, ,,:„...„..,,.., CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: KATHLEEN PAIGE SIMMONS & GRANT SIMMONS [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 3608 Dupont Circle (GPIN 1489581709). COUNCIL DISTRICT — BAYSIDE MEETING DATE: July 7, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use on this 5,721 square-foot parcel located within the R-5D Residential District (Shore Drive Overlay). The lot consists of one single-family dwelling built in 1945. City records note this home as containing three bedrooms. The maximum occupancy for guests on-site after 11:00 p.m. is three persons per bedroom, or nine persons in this case. All three required parking spaces will be installed and accommodated on-site. • Considerations: This property is located within a neighborhood comprised of single-family and duplex dwellings while also approximately 650 feet from the public beach of the Chesapeake Bay. The parking plan illustrates a proposed concrete and compacted gravel driveway that will accommodate all three required off-street parking spaces; however, due to stormwater runoff concerns, the Zoning Administrator has approved the use of permeable pavement to promote infiltration of stormwater. Thus, recommended Condition 3 addresses the allowance of changes to the proposed parking surface material type. As permitted by Section 241 .2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the Parking Plan and deemed it acceptable. Staff believes that all other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short-Term Rentals can be reasonably met by the applicant. There is no known opposition to this request. Further details pertaining to the application as well as Staff's evaluation are provided in the attached Staff report. • Recommendations: On March 11 , 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. Kathleen Paige Simmons & Grant Simmons Page 2 of 4 1. The following conditions shall only apply to the dwelling unit addressed as 3608 Dupont Circle 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 shown on the Parking Plan illustration within the "Site Layout and Parking Plan" section of the Staff report and unless a modification of material type is approved by the Zoning Administrator, two off-street, all- weather, hard surface parking spaces are required and must always be available to the Short Term Rental occupants renting the unit. In addition, one off-street compacted gravel parking space, as shown on the parking plan illustration, must be created, maintained, and always be made available to the Short Term Rental occupants. These parking spaces must be installed via a building permit, must be placed in compliance with all applicable codes, and must be added to the subject site within 30-days of any City Council approval for the proposed Short Term Rental use. 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 associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the 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. Kathleen Paige Simmons & Grant Simmons Page 3of4 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. Kathleen Paige Simmons & Grant Simmons 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: 41\i/B Applicant and Property Owner: Kathleen Paige Simmons and Agenda Item Grant Simmons Public Hearing: March 11, 2020 City Council Election District: Bayside 3. 9 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval -� Staff Planner William Miller �. � i Location �'�►�illive� �0imEt / 3608 Dupont Circle k r�� 1 �.,.. GPIN 446 14895817090000 .161. Abe Site Size -6----) 5,721 square feet Existing Land Use and Zoning District Single-family dwelling/ R-5D Residential (Shore Drive Overlay) Surrounding Land Uses and Zoning Districts - z t v North I � = ,� G E r Restaurant/ B-2 Community Business (Shore -_ - k. Drive Overlay) ''- }- South Single-family dwellings/ R-5D Residential . (Shore Drive Overlay) East . ; Duplex dwellings/ R 5D Residential (Shore I }•�, '1 _, `, . ' '•" Drive Overlay) - v ' West Duplex dwellings/ R-5D Residential (Shore , ow_ � r �-; Drive Overlay) ',., ,, Kathleen Paige Simmons and Grant Simmons Agenda Item 19 Page 1 Background & Summary of Proposal Site Conditions and History • The property is a 5,721 square foot parcel located within the R-5D Residential District(Shore Drive Overlay). • A total of one single-family dwelling is located on the lot. • According to City Records,this dwelling was constructed in 1945. • No records of previous Short Term Rental use zoning violations were found associated with this address. • On-street/right-of-way parking is permitted 24-hours per day,therefore any overflow parking beyond the minimum off-street parking spaces required could occur within the public street/right-of-way. • Staff inspected the site on January 9, 2020 to observe site conditions and take photographs for this report. Short Term Rentals in the Vicinity W �J —� hoe or►e :: :Isa ir:::5;Vt- 4 It STATUS ) 0 • Approved 4�, • Denied O Under Review O Registered 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: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 9 Kathleen Paige Simmons and Grant Simmons Agenda Item 19 Page 2 • Number of parking spaces required (one space per bedroom required): 3 • Number of parking spaces provided: 3 -z aLiiiizii , 7/ co Shore DrIVIII �Z 011 - - Zoning History / - .z47;-11 # Request • •� B 1 CUP(Multi-family dwellings)Approved 07/03/2012 • f• q v>,� 2 CUP(Multi family)Approved 11/25/2003 SDO w� 11'4d 1.4 `�• sfl 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—AlternativeCompliance SIR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The proposed Short Term Rental is located approximately 600 feet from the public beach of the Chesapeake Bay where Short Term Rental uses are to be expected.The home was constructed in 1945, which is prior to the adoption of the City's first Zoning Ordinance. As a result,the property currently contains no off-street parking spaces.To satisfy the parking requirement, an 18-foot by 18-foot concrete driveway will be placed on the property in combination with a concrete entry apron in the City right-of-way. In addition, a 10-foot by 18-foot compacted gravel parking area will also be formed on the lot.The mix of proposed concrete and gravel spaces will meet the minimum size requirement for three off-street parking spaces. In accordance with Section 241.2(1),the Zoning Administrator approved this parking plan in conjunction with recommended condition#3. In addition, all other requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this request. 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 3608 Dupont Circle 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 shown on the Parking Plan illustration within the "Site Layout and Parking Plan" section of the Staff report and unless a modification of material type is approved by the Zoning Administrator,two off-street, all-weather, hard Kathleen Paige Simmons and Grant Simmons Agenda Item 19 Page 3 surface parking spaces are required and must always be available to the Short Term Rental occupants renting the unit. In addition,one off-street compacted gravel parking space, as shown on the parking plan illustration, must be created, maintained, and always be made available to the Short Term Rental occupants.These parking spaces must be installed via a building permit, must be placed in compliance with all applicable codes,and must be added to the subject site within 30-days of any City Council approval for the proposed Short Term Rental use. 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 associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the 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. Kathleen Paige Simmons and Grant Simmons Agenda Item 19 Page 4 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 • The applicant reported that they distributed a letter of explanation to surrounding neighbors,which requests voluntary written comments. One letter was received by staff relating to this request.This letter is positive, but seemingly takes a neutral stance on the matter. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 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 February 24, 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 March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,June 21, 2020 and June 28, 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 June 22, 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 July 3, 2020. • The applicant reported that they distributed a letter of explanation to surrounding neighbors, which requested voluntary written comments. One letter was received by staff relating to this request.This letter is positive, but seemingly takes a neutral stance on the matter. Kathleen Paige Simmons and Grant Simmons Agenda Item 19 Page 5 Site Layout & Parking Plan 7( Vt 1.1' j' \c 6'wood h '.r, ` fence A , [ .•,•. ] 124Jn • ck 13.4' 5.0' 7.9' :. `0 cif2 sbry frame / c house ^? #3608 co , :. ► 10' / Proposed 10' x 18' 5'chain , � gravel parking space fence / 9.2' 181 k r L- 31.5' i -_ . "` (— Proposed 18' x 18' ft_' 14.5' concrete parking pad and apron ; y:�"'•->,.;„,,�.� 18' 1 •• w�oo� t 18' DUPONT CIRCLE (40'1 Kathleen Paige Simmons and Grant Simmons Agenda Item 19 Page 6 Site Photos • s j�b.W as .�____ r • •4, ,%wry'" - .. UPP - lirtt y ,rt ` �'; ns " • c % A.,..,--v.,,,,----441.--...-...,,,:iti •....-..• 1-.e- '".At.:*$,..,,', -" 4,-,, ,i.,----.0:-,-"i-:::„*:1.,...,-'.,.;,,%_-_,. ,•'.':,-*------: f� i P y, r F �. �'. Kathleen Paige Simmons and Grant Simmons Agenda Item 19 Page 7 Street View 10 `- ,�P E s llr ' ...c =,.. : ' ' lit 3608 Dupont Circle/0/ �'' 9 .. �0�4 > ■mow Street view from 2017 —There have been no known changes to the streetscape since this image was captured (Link) Kathleen Paige Simmons and Grant Simmons Agenda Item 19 Page 8 Disclosure Statement \13 kirginia Beach APPLICANT'S NAME (ikiAt c vvw1.0'G Si 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 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 I FOR CITY USE ONLY J All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin Commission and Ci-.Council meetin that ertains to the a lication(s). M APPLICANT NOTIFIED OF HEARING DATE 3.13.ZA / 1;4//.1/. NO CHANGES AS OF DATE 3.no.to it Y i( yt i ilk REVISIONS SUBMITTED DATE: e IT Kathleen Paige Simmons and Grant Simmons Agenda Item 19 Page 9 Disclosure Statement 11/4)B Virginia Beach ErCheck 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. ,,rnw,v,,�`p (A) List the Applicant's name: ^i -- 1 Vvu�Nt`-g 7 ,ln+-Sl tYL1 O S If an LLC, list all member's names: II 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 ♦ — -. —4 SECTION 2 / PROPERTY OWNER DISCLOSURE CComplete Section 2 only if property owner is different from Applicant. heck 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: t A ,S( -SiPAVVVItJ If an LLC, list the member's names: Page 2of7 Kathleen Paige Simmons and Grant Simmons Agenda Item 19 Page 10 Disclosure Statement M31.4; Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner In one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 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 Kathleen Paige Simmons and Grant Simmons Agenda Item 19 Page 11 Disclosure Statement NA:3 APPLICANT Virginia Beach YES NO I SERVICE PROVIDER(use additional sheets it 1 ,�,/ needed) Eil i_/i Accounting and/or preparer of I your tax return [] ][ Architect/Landscape Architect/ t� Land Planner Contract Purchaser(if other than athe Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ [ "/ purchaser of the subject property IL��LJJ (identify purchaser(s)and purchaser's service providers) ElConstruction Contractors EEngineers/Surveyors/Agents Financing(include current SW(,C (110rl-xU c , (� mortgage holders and lenders I 1 selected or being considered to '3 255 �A.c...2k provide financing for acquisition ��. 4� �A 2 $ or construction of the property) uLegal Services Real Estate Brokers/ El Agents/Realtors for current and t' anticipated future sates of the subject property 4 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have riJ 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 Kathleen Paige Simmons and Grant Simmons Agenda Item 19 Page 12 Disclosure Statement Virginia Beach k 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 Appii ro 5� , FRIKCt414,1 ` i 12 Z7•t°r NT NAME DATE G .A.Ji S��uttitora ~12 2.7 l°I Page 5 of 7 Kathleen Paige Simmons and Grant Simmons 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. Kathleen Paige Simmons and Grant Simmons Agenda Item 19 Page 14 Short Term Rental Vicinity Map KATHLEEN PAIGE SIMMONS AND GRANT SIMMONS - 3608 DUPONT CIRCLE ' I ' . 4-- . ------, e 7 '•44, gi . ,/ \1/7, — ' . ° . 4A1 Ai , ._., , wit bib.'alAll' / &pi I / ?i i f Ilkirfhli-_ __ ALFE i I____ 1.. ►P--' • Shore-Dili-re- 0 _7--L,_.-f____1- '2 - - 4-1 iv isai r1Attifar4 ,; -? II 411141.11. --------T7.------'------: , 'Ss 81--49..t:".110, . II►. , ' 1 . — livegiVi air -**-'''1 1 ' n illIl STATUS ;re5 `'`` O Approved - — "ter Q� • Denied 0 Under Review 0 Registered Item#19 Kathleen Paige Simmons and Grant Simmons Conditional Use Permit(Short Term Rental) 3608 Dupont Circle March 11, 2020 RECOMMEND FOR APPROVAL-CONSENT Mr. Redmond: Thank you, Mr. Bourdon, and I neglected to ask if there was any opposition to this matter being placed on the consent agenda. Hearing none,the chairman has asked me Mr. Redmond to review this application. The applicant is requesting to rezone approximately 7000 square foot parcel from community B-2 community business district to R-5R residential district. This is a very old lot and house, was created in 1916 and single family dwelling was built in 1920, all of this predated the zoning ordinance. Princess Anne County adopted its first zoning ordinance in 1954 and the property was designated then as CL 3, which is a limited commercial zoning district rather than a residential district. The owners of the property are now proposing to redevelop it to demolish that house and to replace it with a duplex, which you can see there. The elevations are appropriate for this part of the city in this part of Shore Drive. It's a very odd shaped property; it appears to have been a site design, thank you, a site design that well fits the shape of the property. The particular part of the building that faces the roadway will be is the part that has the greatest architectural articulation. In short, it's an appropriate application for this type of property particularly given history with the city; there is no opposition to the amendment and the commission concurs with the staffs recommendation of approval and therefore approves it by consent. And with that, Mr. Chairman, that was the last item on our agenda. I therefore make a motion. I forgot to short term rentals. Yes, I have my extra paragraph. Ladies and gentlemen, short term rentals. The planning commission places the following applications for conditional use permit for short term rental on the consent agenda, as these applications meet the applicable requirements of Section 241.2 of the zoning ordinance. Staff supports the applications and there is no known opposition to the requests. Those items are agenda items number 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43. That, Mr. Chairman, I move that we approve agenda items number 1, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 by consent. Mr. Weiner: Do I have a second? Mr. Horsley: Second. Mr. Tajan: Okay. May I clarify; number two is also added on the consent agenda. Mr. Redmond: I am sorry. Number two is added to the consent agenda. Thank you. Good catch. Mr. Alcaraz: I need to abstain from items 23, 24, 25, and 26, I have extensive business dealings with one of the parties involved on these agenda items. Mr. Inman: I need to disclose that as to items 14, 15, 16, 27, 28, 29, 35 and 36, which indicate Town Bank as fmancing. I am on the advisory board for Town Bank, Virginia Beach. And for the conflicts of interest act, I'm disclosing this fact but I will be voting on these items. I'm able to vote on this matter as Planning Commission is only an advisory group. I'm not involved in any monetary decisions of Town Bank on these matters and do not make sufficient funds from Town Bank appointment that I cannot be fair and impartial. Therefore I'll be voting on those. Mr. Weiner: Thank you. I'd like to thank the applicants, the very few of the applicants that have been on the consent agenda and your date now will be scheduled to go up to city council. The next order of business is items to be heard. And Madam Clerk,please start that please. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 3608 Dupont Circle 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 shown on the Parking Plan illustration within the "Site Layout and Parking Plan"section of the Staff report and unless a modification of material type is approved by the Zoning Administrator,two off-street,all-weather, hard surface parking spaces are required and must always be available to the Short Term Rental occupants renting the unit. In addition,one off- street compacted gravel parking space, as shown on the parking plan illustration, must be created, maintained,and always be made available to the Short Term Rental occupants.These parking spaces must be installed via a building permit, must be placed in compliance with all applicable codes,and must be added to the subject site within 30-days of any City Council approval for the proposed Short Term Rental use. 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 associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1(8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the 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. 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. :', {j Uwcu • .\\. - _-----c'c, •----1:- 1 ®' \ ' :‘ Ji.----- ____,--:1___ ,_.----- : ,' . ..e.-1 . \.------------- ,,,,...„,,_- _- , ,, ‘________, \_, . ---------___„-------- S fr- . --- . 1 ' t I fy,. a ---\\ , h __-..., . -____-4.„ 1 fir,+„ --- N COC-lm" '' v- -\ ------------1 ---- Li\ '. , ,, ,..,'., ._. ,wiN.% %Ns \\‘ ._,.- 0 \ ' . - ' . Lo \ 4. • , ,- Ce- \N\ \\\_, CD CI) ea CO . \ 4-• ezr _ cn co -__.— — " ;� ', \ \ .-4 i -- ___- A rtiue terranean �e .` r ire It r 1 I i - ' T a d ti ' 11� t�1 �� I v 1 \ • 0 II \ I (� 'I, ti, �S in \ II �� 0 is y ti p SI 1 J �' t-� �i _ t i9H = 1 - I. 01 a N ate. m �u S� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JOSETTA DANNER [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 518 14th Street (GPIN 2427053620). COUNCIL DISTRICT — BEACH MEETING DATE: July 7, 2020 ■ Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use for a 6,299 square foot parcel zoned R-5S Residential District at the oceanfront. City records indicate this single-family dwelling built in 1982. The subject dwelling contains four bedrooms. The maximum occupancy for guests on-site after 11:00 p.m. is three persons per bedroom, or twelve persons in this case. All four required parking spaces are provided on-site located in front of the dwelling unit. • Considerations: The subject site is located in close proximity to the public beaches of the Atlantic Ocean and resort area of the beach. This is an area where Short Term Rental use is common. The off-street parking requirement is met with the four existing parking spaces located at the front of the site. 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 such, a condition is recommended that prohibits the use of guest and temporary passes for the subject unit while the Conditional Use Permit is active. Staff believes that all other requirements of Section 241.2 of the Zoning Ordinance can reasonably be met. There is no known opposition to this request. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. • Recommendations: On March 11, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 518 14th Street and the Short Term Rental use shall only occur in the principal structure. Josetta Danner 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. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 4. The approval of this Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events with more than 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, the new property owner shall provide the updated information (a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property; otherwise, the use of the Short Term Rental shall be null and void. a) The owner/operator contact information; b) Registration with the Commissioner of Revenue's Office; and c) Proof of liability insurance. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. Josetta Danner Page 3 of 3 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.A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000.00) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • 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: 1BApplicant and Property Owner: Josetta Danner Agenda Item Public Hearing: March 11, 2020 City Council Election District: Beach 17 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation 111010 Approval 11�0 ff PI nner111 Staff Kevin Hershber er * Ø* g . Location 1 I I 1 I Id mi MO I 1%1 I k 518 14th Street GPIN 11111 2427053620 • ,r pSite Size �p 6,299 square feet 1._i ..7 h- , - 1 li Existing Land Use and Zoning District Single-family dwelling/ R-5S Residential Surrounding Land Uses and Zoning Districts North 14th Street - Cooke Elementary School/ R-5S Residential ` a " 4 .,, South ,.► Single-family dwellings/ R SS Residentialr. ' East i Single-family dwellings/ R 5S Residential ---- -' West Single-familydwellings/ R-5S Residential .;► •YS^ l S i- At b:: ',..." •. --g'- '' = ;4-',-4 i 41116- tF :,'C- iimor,:_riiiiiit'°'' - , ,iti:-, : 'Y t \ t Josetta Danner Agenda Item 17 Page 1 Background & Summary of Proposal Site Conditions and History • The 6,299 square foot parcel is zoned R-5S Residential District. • According to City records, the site is developed with a single-family dwelling constructed in 1982. • Staff inspected the site on November 19, 2019 to observe site conditions and take photographs for this report. • The property lies within the RPPP boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. Short Term Rentals in the Vicinity ` 1 - 1 1 111.�� 1, % m t r t .-1- ,,3--\,4,- is 4jt$ . l ° tt ,/ /7 l:---7--tc =Are - I a \--\"\-)-'. STATUS v "-----.'-' 11l—APPrOved � iNc��.�l.• Denied \ �— I {{��, J G Under Review k� OE-' —�__. QRegistered 1�1)--r1 it 1 r � � - 1 1 Summary of Proposal • Number of bedrooms in the Short Term Rental: 4 bedroom • 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 Josetta Danner Agenda Item 17 Page 2 J 11 � R•SS 0 0- Q0\\; 0 o O R Q scill'Cli\H90,\--3 No Zoning History to Report ort ,� 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 & Recommendation The Short Term Rental request is for an existing four-bedroom single-family dwelling built in 1982. The parking requirement is met with four existing parking spaces provided at the front of the site. While not required at this point in the process, proof of liability insurance for$1,000,000 has been provided. No signage has been proposed by the applicant at this time.The property is located within the Residential Parking Permit Program (RPPP)area which is meant to provide long term parking for the nearby residences.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 RPPP parking passes to two and prohibits the issuance of guest permits and temporary permits while the Conditional Use Permit is active due to the nature of the Short Term Rental use. 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. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 518 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. 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, Josetta Danner Agenda Item 17 Page 3 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,the new property owner shall provide the updated information (a through c below)to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six(6) months from the real estate transaction closing date on the property; otherwise,the use of the Short Term Rental shall be null and void. a) The owner/operator contact information; b) Registration with the Commissioner of Revenue's Office; and c) Proof of liability insurance. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site,except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m.and before 7:00 a.m. ("Overnight Lodgers")shall be three(3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 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 Josetta Danner Agenda Item 17 Page 4 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 February 10, 2020. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 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 February 24, 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 March 5, 2020. City Council • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, June 21, 2020 and June 28, 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 June 22, 2020 • The City Clerk's Office posted the materials associated with the application on the City Council website of hops://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 3, 2020. Josetta Danner Agenda Item 17 Dmaa Site Layout & Parking Plan um/ inc rrnvrr.ni I .,,nvnn nuscvn. VASTES, VEGETATED WETLANDS, OR TIDAL WETLANDS, WAS NEITHER RING THE PERFORMANCE OF THIS SURVEY. • UNLESS NOTED OTHERWISE 28 ?r" 9--lbw ' IT"c0 65, WUTILIOODTIES FENCE& -- Z Q otin , r o DRAINAGE EASEMENT o S 8707'08' E 82.50r.-..x......a Is-Ta moiamlus-a it ie. — 0.4, ON c+q w Zd; 1 . .3 _. 2‘.9. ., 4''.5.: ,. ., , b/. 1 • , .I. , all 1.1\7 . 3.,at. 10. I 09 ) Single W family 0 � `ems • ��r , 5' UT/mints & si .g dwelling `1' --DRAINAGE EASEMENT $ -:�:-X—x--1-x r \•` , 11 y 31A z x- -_i O.I OFF I I I , Parking . I I (4-Spaces ) I 6?.57' TOP.I. IMEDITERRANEAN AVE. :) PrOFs 30 E IPIN(F) Grari _ Fro th _____ 14 Stree t. U 'orner Josetta Danner Agenda Item 17 Page 6 Site Photos . .. ., ,: . II,4.I.1 e }.. 7.•.,-v=•-• - ,, (., ' ;' ''';'..'-: t ,ffl -1 t • .. - •; — ••. ,-.4 r r., 0.07..,,,,.. III! ,- --- -. -. ,..ire - , '''' '7,2 . r: ' ,.. ,•••",•••ilk • . -.. ,--a.- - ' ‘;'••'*•.;.' Ilk x•••lot- ••• 'Ll -' '•.'•''.'. • ' t / ,,, ''''.'*;ir•• . ..... .4. ' 'NI* 4 •1.1-.4'''''\' .1 '444,s- . ' ..411., - ' , : -h./v.:'.:' ..', ....„., /'', ., A V,i. • .o. % , . '.' , ' :•,,‘ ' N4'•'.,.,i.r= :7', _. i iff:',',.-47' ':f; r•*44/".ft":-.:'CV: 4.4 -." - ;'''• ''' ,..: -aa, MI 4. ,t,-,I I-1 - Trr- ' . . I. III r S. ...., - - ,.- - • - , _._. .i... .- . 1 ..„._ . ,..1, ..._,.„......„. _ . ---''4. *: -1.---4-,. . , , -_ • ..:,... _ ., bc.411fill* ' .-, - -I • -'''4411kr''rtilfh":4,,, ..''''4.4.-..* 4,-j;1.1-4.' ".. ••.,,,Itik,Vir",';L:::e#:401:1`.. , ,-..• -- , „I.. ,_...,;.: -.._ I• I r 1-I ' - „,i• I • iri 1 4 I tIt=':31t AI dr .0. —.._.. —- . • . ' _ ..-—- Josetta Danner Agenda Item 17 Page 7 Disclosure Statement VB Virginia Beach APPLICANT'S NAME J�-e,e-_- _, 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 i Compliance,Special Investment Program Changes Exception for (EDIP) _ Board of Zoning Encroachment Request Rezoning Appeals — - Certificate of Floodplain Variance Appropriateness --- Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board i 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 iF.Lifil CITY USE ONt v/AU disclosures must be updated two(21 weeks prior to any Page 1 of7 ninyCommission and COCouncilmeeting that pertains to the application(s). FORAPPLICANT NOTIFIED OF HEARING DATE: .$/ �7 '''t'� NO CHANCES AS OF DATE; V:2„, REVISIONS SUBMITTED DATE: ,3/3 /�0 �eG'/4/�/5A t erte r Josetta Danner Agenda Item 17 Page 8 Disclosure Statement AlB Virginia Beach 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: 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 i and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Jl 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 Josetta Danner Agenda Item 17 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2.3101. 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 Josetta Danner Agenda Item 17 Page 10 Disclosure Statement 1/3 APPLICANT Virginia Beach YES NO] SERVICE — PROVIDER(use additional sheets if needed) Accounting and/or preparer of J al n ,1e Le t-}-� CS uuuu your tax return ErArchitect/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) ITE j Construction Contractors I `U� rn Engineers/Surveyors/Agents i t(Q r �—� \ Financing(include current 7Q,yar-) jYI C_ 2/ ❑ mortgage holders and lenders selected or being considered to C i' r ✓Y1 v(-4-9.51 provide financing for acquisition JJ or construction of the property) 0 Legal Services J e CCr1-3 Ac ctwls I I a Realst Brokers / Agents/Realtors C� for current and .1 r t,y-1~t•-tom CA-V+A)°n 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 Josetta Danner Agenda Item 17 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 A lication. Jos etf-r 12)a oe( t APPLICAN SIGNATURE PRINT NAME DATE Page 5 of 7 Josetta Danner Agenda Item 17 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. Josetta Danner Agenda Item 17 Page 13 __,..--,1:1-• I .L..t.- ------- c,...03\ \--------' --- 't.-----,----_ ____ I ,,.,\,, -..-••---- \12 _ -----14 . ----...,_,---p rA---.1 ,,, I ----- . fa ' ',,\,, _' _. -1,1-C1,.... ...A.-- ..„ i ...... ;-----i,------------ -1,1- ..' tii -76.11.*Gle, ---- - 4, ii• 101A_ .. , _____. , ....f,-../..- .,•\,\:.\ \ I . • _ Li III \ -,_:-----\ ----ICI' ..._.iir., , i.• . 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I— (---) • 0 . .. <' •, „ . `•,-. .,.. ., \ -----1------). ).----.-i I: I Item#17 Josetta Danner Conditional Use Permit(Short Term Rental) 518 14th Street March 11,2020 RECOMMEND FOR APPROVAL-CONSENT Mr. Redmond:Thank you, Mr. Bourdon,and I neglected to ask if there was any opposition to this matter being placed on the consent agenda. Hearing none, the chairman has asked me Mr. Redmond to review this application. The applicant is requesting to rezone an approximately 7000 square foot parcel from community B-2 community business district to R-5R residential district. This is a very old lot and house, was created in 1916 and single family dwelling was built in 1920, all of this predated the zoning ordinance. Princess Anne County adopted its first zoning ordinance in 1954 and the property was designated then as CL 3, which is a limited commercial zoning district rather than a residential district. The owners of the property are now proposing to redevelop it to demolish that house and to replace it with a duplex, which you can see there. The elevations are appropriate for this part of the city in this part of Shore Drive. It's a very odd shaped property; it appears to have been a site design, thank you, a site design that well fits the shape of the property. The particular part of the building that faces the roadway will be is the part that has the greatest architectural articulation. In short, it's an appropriate application for this type of property particularly given history with the city; there is no opposition to the amendment and the commission concurs with the staff's recommendation of approval and therefore approves it by consent. And with that, Mr. Chairman, that was the last item on our agenda. I therefore make a motion. I forgot to short term rentals. Yes, I have my extra paragraph. Ladies and gentlemen, Short Term Rentals. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rental on the consent agenda, as these applications meet the applicable requirements of Section 241.2 of the zoning ordinance. Staff supports the applications and there is no known opposition to the requests. Those items are agenda items number 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43. That, Mr. Chairman, I move that we approve agenda items number 1, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 by consent. Mr. Weiner: Do I have a second? Mr. Horsley: Second. Mr. Tajan: Okay. May I clarify; number two is also added on to the consent agenda. Mr. Redmond:I am sorry. Number two is added to the consent agenda. Thank you. Good catch. Mr. Alcaraz: I need to abstain from items 23, 24, 25, and 26, I have extensive business dealings with one of the parties involved on these agenda items. Mr. Inman: I need to disclose that as to items 14, 15, 16, 27, 28, 29, 35 and 36, which indicate Town Bank as financing. I am on the advisory board for Town Bank, Virginia Beach. And for the conflicts of interest act, I'm disclosing this fact but I will be voting on these items. I'm able to vote on this matter as Planning Commission is the only and advisory group. I'm not involved in any monetary decisions of Town Bank on these matters and do not make sufficient funds from Town Bank appointment that I can not be fair and impartial. Therefore I'll be voting on those. Mr. Weiner: Thank you. Like to thank the applicants the very few of the applicants that have been on the consent agenda and your date now will be scheduled to go up the city council. The next order of business is items to be heard. And Madam Clerk, please start that please. AYE 8 NAYO ABS 0 ABSENT3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE Conditions: 1.The following conditions shall only apply to the dwelling unit addressed as 518 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 a s approved by City Council. 3. While this Conditional Use Permit is active,parking passes issued forthe subject dwelling unit through the Residential Parking Permit Program (RPPP)shall be limited to two residential passes only.Guest permits and temporary permits through the RPPP shall not be permitted. 4.The approval of this Conditional Use Permit shall expire five(5)years from the date of approval.The renewal process of this Condition Use Permit maybe 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 fora ShortTerm Rental,where the ShortTerm 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 numberof people who may stay overnight(numberof bedrooms times three)shall be held at the Short Term Rental and the pro perty on which it is located.This ShortTerm Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 6. owner or operator must provide the name and telephone numberof a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes.Physical response to the site of the Short Term Rental is not required. 7. If or when the ownership of the property changes,the new property owner shall provide the updated information(a through c below)tothe Department of Planning and Community Development for review and approval.Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property;otherwise,the use of the Short Term Rental shall be null and void. a)The owner/operator contact information; b)Registration with the Commissioner of Revenue's Office;and c) Proof of liability insurance. 8.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 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. 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 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 ShortTerm Rental. 13. Short Term Rental shall have no more than two(2) rental contracts during any consecutive seven(7) day period.A 14. The owner or operatorshall 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. shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m.There 16. 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. the extent permissible understate 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 Josetta DannerAgenda Item 17 Page 5 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. .„.-. ---,- - 0 -- r. / ''''',....,..... -',.... I C) I , 4 __-- \ \ I // \ II LI 1 C..., \ _ . — \ ' 1\ a), , . / /4 \ 4.-. a)__---------- , . \--- ,i„._.\ . --- \ ,N •— a),,---\L------ , ,_ •\,,,, o 1._ .... , ---,, -,,-, --- ----- -- ' '...---7' ' ''• ' ----\\\ s/ „....../ ..Nc 0 a) CD 'cr 1.— v-- 0 CN1 Ce)__Av i . _ ------- . ,,_---- \ \\A i ------ ----- --- ..----' , ...--- .--- 1 ____--------- ; ---- , 0 __ C _.------' \ _._ • de _------\-- ..------- , 4, fee‘i`s‘ ...,---- \ \f ' o > — \-1-------- 4' 1 ,t ol .2. c.-. --------'-''-'------------------ \ a • _.....-- 1 Q. 0 I __J ..-- __----- _,-- V" ,1 ' __— \ \l' „\\ A „ , _ 1:t ‘, \ ____-- \ \ \ -.\--c--- \ , / r��1�1 Bt.y r�F fi,' i1 i, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: CREEKSIDE GETAWAY, LLC [Applicant] DAISY JADE [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 3214 Creekside Drive (GPIN 1496103974). COUNCIL DISTRICT — ROSE HALL MEETING DATE: July 7, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental Use for a 2,790 square foot parcel zoned A-12 Apartment District located in the Rose Hall District. The site is developed with one townhouse that according to City records was constructed in 1985. There are no records of violations related to zoning or Short Term Rental use found on this property. The subject townhome unit contains two bedrooms. The maximum occupancy for guests on-site after 11 :00 p.m. is three persons per bedroom, or six persons in this case. Both required parking spaces are provided on-site located in front of the townhome. • Considerations: This parcel is located in the Scarborough Square Community which is developed with townhouse dwelling units. The layout of the typical townhome unit includes the parking between the front edge of the dwelling and the right-of-way. As such, the two required parking spaces for this two-bedroom unit are on-site, located in front of the townhome. Due to the development pattern of the neighborhood, there is limited on-street parking available, but none-the-less, the parking requirement is met. Staff believes that all other requirements of Section 241 .2 of the Zoning Ordinance pertaining to Short-Term Rentals can reasonably be met. Staff has received one letter of support of the application. There is no known opposition to this request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: On March 11, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 3214 Creekside Drive and the Short Term Rental use shall only occur in the principal structure. Creekside Getaway, 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. Creekside Getaway, 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 STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ` /%, fCity Manager: Jiul...„ 11 Applicant: Creekside Getaway Agenda Item Property Owner: Daisy Jade B Public Hearing: March 11, 2020 20 City Council Election District: Rose Hall Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation - v.. t `J w:. Approval , <E y /Allitspo.C%***S. Staff Planner o~ . 7 '49111if 1 ..)<„,\A Summer Peebles 1 Location :AL � 3214 Creekside Drive 00/0 C GPIN ®� 1496103974 Site Size 2,790 square feet 4 (- ; , , ..., 7i �'' Existing Land Use and Zoning District Townhouse/A-12 Apartment Surrounding Land Uses and Zoning Districts North _ ;. � 4 Townhouses/A-12 Apartment Aw South t- / aft tja • Townhouses/A-12 Apartment � � „ East ."" ;, ' 7 Townhouses/A-12 Apartment . ", ‘s -e_ West - V # t . . Creekside Drive r , h ' Townhouses/A-12 Apartment - -44 .;� 'fi#4 - , #.---, ., , # . -r, Creekside Getaway Agenda Item 20 Page 1 Background & Summary of Proposal Site Conditions and History • The subject property is an approximately 2,790 square foot parcel zoned A-12 Apartment District. • The site is developed with one townhouse that according to City records was constructed in 1985. • No records of violations related to zoning or Short Term Rental use were found on this property. • On-street parking is limited in this area. • Staff inspected the site on January 9, 2020 to observe site conditions and take photographs of the site. Short Term Rentals in the Vicinity p , ,,,./, , z,, , , , , i -5, ,,, , „. . ,, >,,, ,,,„, . A ,,,\ „ , ,, .. ..,, „, s, . v .../ , _ ,,,,,,61, , z•-/ N / Aitithi,/,,,, 4,, ., ..___ Air ____ I , OP/ ,N,,. , / cs-4.)\ / 4, V-,--1, ---)i-, ) '\-. Y - \ \\\\--- 'II r Ti n./� .\ i STATUS \o p �C' • ',opt-. , -- , t Lam, E4' ered '� -.. Ax. / A_ /� �. +c �-Z. Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for 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 Creekside Getaway Agenda Item 20 Page 2 • Ada10 _ s as s IS • 0 I 1 100.- + f * '% No Zoning History to Report o r / .IS I • a o ono t** \/ i 3 - A-12 ?- 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 & Recommendation This parcel is located in the Scarborough Square Community which is developed with townhouse style dwellings.The layout of the typical townhome unit shows the required parking being accommodated between the front edge of the dwelling and the right-of-way. As such,the two required parking spaces for this two bedroom unit are on-site, located in front of the home. Due to the development pattern of the neighborhood,there is limited on-street parking spaces available.All other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short-Term Rentals can reasonably be met. Staff is not aware of other Short-Term rentals in close proximity to this unit.Staff has received one letter of support. 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 3214 Creekside Drive 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. Creekside Getaway Agenda Item 20 Page 3 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. 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. Creekside Getaway Agenda Item 20 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 • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 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 February 24, 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 March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,June 21, 2020 and June 28, 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 June 22, 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 July 3, 2020. Creekside Getaway Agenda Item 20 n___ r Site Layout & Parking Plan I i SUBDMSION OF SCARBOROUGH SO SECTION FOUR 8-2 N.B. 165, P. 30) 37 36 35 0.6' oFF 4,,c, S 0842'41" E .._ _. .31.00')1E — 8' WOOD FENCE x 0.3' 4N---� ' ' t — FR SHED n ; (1 �C � � TRANS oN urn f 4 I x A 1 Ii a I $ cs 48 _Propos-. # t0..g. 50 STR4,1 8 r7.9' cm+ ON UNE 49 4:,)) ZONE X �- --- 1 .I ( �) _ Parkin 20' urmr g - aNr Spaces I 1p ZONE Ar.-- `4.S Ai 08 42'41" W (a 7) Creekside Drive 50' R/W \108.50' TO OLD-- CL UBHOUSE RD Creekside Getaway Agenda Item 20 Page 6 Site Photos lia ., __ _ , ., ,,,..„ . .., , ..,,, ,, , , ,,., . ,.,„, . ., ......, .„.--.4 .,- 7 . ''' -""., • , \ .... . ,, , ,,.. ....,:,....,,,,., . , f Illit 4 1. 4= ; _ iw Creekside Getaway Agenda Item 20 Page 7 Disclosure Statement 1143,„ Virginia Beach APPLICANT'S NAME c.1Ls,� r C �� _1�, L� ye - DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property i Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special j Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning A_Ppeals__- 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 [PPage 1 of 7 i('Ahi NO i'`s44"HK 4 -'tif; C a1 311`3///t}J��,,4.S.�nr,,,..x�'/4cbic [3 4NGtS AS t)} C /1.h/ ,,0 �lr+ . ^rc� Chtiej tt'MOWS SU'B4111 tEL% Creekside Getaway Agenda Item 20 Page 8 Disclosure Statement 4\13 Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Pi Check here if the APPLICANT a corporation, partnership, firm, business, or other unincorporated organization. / 1 (A) List the Applicant's name:___IQA __.GC / C ��l I. C- -� If an LLC, list all member's names: / LJ 1)0S -tyj ckCA If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) 14/A- (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 footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE /1 Complete Section 2 only f property owner is ferent from Applicant. N AA". n 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. til! (A) List the Property Owner's name: + If an LLC, list the member's names: Page 2of7 Creekside Getaway Agenda Item 20 Page 9 Disclosure Statement NB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Ii(-1 (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) K3 I PC 1 "Parent subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than p, parent subsidiary relationship, that exists when(I) one business entity has a controlling ownership interest In the other business entity,(il)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 Creekside Getaway Agenda Item 20 Page 10 Disclosure Statement APPLICANT Virginia Beach YES1 NO SERVICE PROVIDER(use additional sheets if needed) — 1:1Accounting and/or preparer of your tax return • r9 Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ C./ purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) riEr Construction Contractors • nEngineers/Surveyors/Agents Financing(include current f-; ❑ mortgage holders and lenders 0 I � selected or being considered to provide financing for acquisition or construction of the property) ▪ ELegal Services Real Estate Brokers/ T 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? 11 Page 4 of 7 Creekside Getaway Agenda Item 20 Page 11 Disclosure Statement 1B., V►rginia 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. D-„,i,„ APPLICANT'S SIGNAT PRINT NAME DATE Page 5 of 7 Creekside Getaway Agenda Item 20 Page 12 Disclosure Statement VB OWNER 'Virginia Beach YES NO SERVICE 1 [PROVIDER PROVIDER(useneede addd)itional sheets If 1 vi Accounting and/or preparer of your tax return n Q Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed (l [A" purchaser of the subject property l LJ (identify purchaser(s)and purchaser's service providers) ElConstruction Contractors ❑ Engineers/Surveyors/Agents Financing(include current ,(VL a.� r—� ❑ mortgage holders and lenders provide selected orin being considered to io � provide financing for acquisition t-C or construction of the property) El -7i Legal Services Real Estate Brokers/ 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 ❑ 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? T`--) I Page 6 of 7 Creekside Getaway Agenda Item 20 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 PRI NAME DATE Page 7 of 7 Creekside Getaway 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. Creekside Getaway Agenda Item 20 Page 15 • ------ i 1111°P 40 ki10.>" ,. a 1 lei k...___ *as „ ' 11111r V , ,.- )' --. 7--->----- , l a ----- 41 ` :. Nor //7117.7414° . , ka\17 'N.i"N ,,,-• .•-•„ - .• .• , f/ -------..,1:,:__i__..,„:<__ .:„___. ...„ ' (6,i4tilij. ii4pir iv* eit;/°- N--,... ``� sr 1 ' / :I./ t;,# . *4,,, i .,. , , _.. .... It I,c,. ., . ,,,/itt. Ati, ". itt ' , 914 ,. 4r. t i \ • I. "'>) ,'"<//\' ' \ • r. f l ' -414,4- . 7,, , ' '`‘, 3c"\. , a. • W ' IP '"/"-- ' ,:‘ -:-./•::, \ � �- = f0 yJ' 0:: - 3 r a) t boa 7 fr>1:11 / r411: N c v� ilsC' 4 - ., . �, CO Item#20 Creekside Getaway,LLC Conditional Use Permit(ShortTerm Rental) 3214 Creekside Drive March 11, 2020 RECOMMEND FOR APPROVAL-CONSENT Mr. Redmond:Thank you, Mr. Bourdon,and I neglected to ask if there was any opposition to this matter being placed on the consent agenda. Hearing none, the chairman has asked me Mr. Redmond to review this application. The applicant is requesting to rezone an approximately 7000 square foot parcel from community B-2 community business district to R-5R residential district. This is a very old lot and house, was created in 1916 and single family dwelling was built in 1920, all of this predated the zoning ordinance. Princess Anne County adopted its first zoning ordinance in 1954 and the property was designated then as CL 3, which is a limited commercial zoning district rather than a residential district. The owners of the property are now proposing to redevelop it to demolish that house and to replace it with a duplex, which you can see there. The elevations are appropriate for this part of the city in this part of Shore Drive. It's a very odd shaped property; it appears to have been a site design, thank you, a site design that well fits the shape of the property. The particular part of the building that faces the roadway will be is the part that has the greatest architectural articulation. In short, it's an appropriate application for this type of property particularly given history with the city; there is no opposition to the amendment and the commission concurs with the staff's recommendation of approval and therefore approves it by consent. And with that, Mr. Chairman, that was the last item on our agenda. I therefore make a motion. I forgot to short term rentals. Yes, I have my extra paragraph. Ladies and gentlemen, Short Term Rentals. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rental on the consent agenda, as these applications meet the applicable requirements of Section 241.2 of the zoning ordinance. Staff supports the applications and there is no known opposition to the requests. Those items are agenda items number 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43. That, Mr. Chairman, I move that we approve agenda items number 1, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 by consent. Mr. Weiner: Do I have a second? Mr. Horsley: Second. Mr. Tajan: Okay. May I clarify; number two is also added on to the consent agenda. Mr. Redmond:I am sorry. Number two is added to the consent agenda. Thank you. Good catch. Mr. Alcaraz: I need to abstain from items 23, 24, 25, and 26, I have extensive business dealings with one of the parties involved on these agenda items. Mr. Inman: I need to disclose that as to items 14, 15, 16, 27, 28, 29, 35 and 36, which indicate Town Bank as financing. I am on the advisory board for Town Bank, Virginia Beach. And for the conflicts of interest act, I'm disclosing this fact but I will be voting on these items. I'm able to vote on this matter as Planning Commission is the only and advisory group. I'm not involved in any monetary decisions of Town Bank on these matters and do not make sufficient funds from Town Bank appointment that I can not be fair and impartial. Therefore I'll be voting on those. Ms. Sandloop: By recorded vote of 8-0, agenda items 1, 2, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36,41 and 43 with Mr. Alcaraz abstaining from items 23, 24, 25 and 26 have been approved by consent. Mr. Weiner: Thank you. Like to thank the applicants the very few of the applicants that have been on the consent agenda and your date now will be scheduled to go up the city council. The next order of business is items to be heard. And Madam Clerk, please start that please. AYE 8 NAYO ABS 0 ABSENT3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE Conditions: 1.The following conditions shall only apply to the dwelling unit addressed as 3214 Creekside Drive 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 Permitfor a ShortTerm Rental where the ShortTerm 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 whom 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 Section4-1 (8a). 5.The owner or operator must provide the name and telephone number of 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 Shorterm Rental within thirty(30) minutes.Physical response to the site of the Short-term Rentals not required. 6.If,or when,the ownership of the property changes,it is the seller's responsibility to notify the new property-owner 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 RentalZoning 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.Tothe extent permitted by state law,each ShortTerm 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 Sections23-69through23-71(noise),31-26,31-27and31-28(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 sections3l-26,31-27and31-28. 10.Accessory structures shall not be used or occupied as ShortTerm 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.TheShortTerm 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 before10:00a.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.Tothe extent permissible understate 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 ShortTerm 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. 1 Nt....„.....\ ,, 1 , vow,— r,... ..'... 1\11 il. k .\\ , \ (i 1 1 f . L...--- \ ,-.5 R(N E)\--\C'i,‘ -, , -;.- .-----------1,, , , , _,_\ . .-• „--L----- '' w -----v-------\ k-- % ,, •ell 4`. / "'''''', 't 111., t-------- r,._----------- \ .° .5R(NE) / ' ''"''''"'''''''' 1 ' ' , \ 1 ,...rLl ; et stv e ‘, \ \ '''''' '''' '- ‘--1,_ R-1"5R(NE) \, 1. d . __------ 5stil , , , \ \ „. _1,...,4 fry l' IIi, 1 t I \ III , 'N t1/4 --', \ \ , . . , . ........ ___---- , , , l',,------) \ ..----), i------- 1\ -\\ 7 A Site Chris J. Massaro Property_Potygons 209 55th Street Zoning ' Parking Lot Drive Aisk , Feet M.1 Budding 0 1020 40 60 80 10 0 12 0 I -"" c�� icy ',psi(•5 1 L J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHRISTOPHER J. MASSARO [Applicant] CHRISTOPHER J. MASSARO REVOCABLE TRUST [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 209 55th Street (GPIN 2419708246). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: July 7, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental for a 10,737 square foot parcel zoned R-5R (NE) Residential District, North End Overlay. One Single-family dwelling is located on the property, which according to City records was constructed in 1945. The subject unit contains three bedrooms. The maximum occupancy for guests on-site after 11 :00 p.m. is three persons per bedroom, or nine persons in this case. All three required off-street parking spaces are provided on-site in the driveway located next to the home. • Considerations: This property is located in the North End area of Virginia Beach, two blocks from the public beach of the Atlantic Ocean. This is an area of the city that has a mixture of development types, predominately single-family and duplex dwellings. There has been a trend of redevelopment of parcels containing smaller and older "beach cottages," consistent with the subject lot. With the help of the North Virginia Beach Civic League, an ordinance was adopted in 2015 that allows for increased density development, if certain design standards are met, aimed at maintaining a "beach cottage" design. The existing home, constructed in 1945 is proposed to remain, which Staff believes is a favorable outcome. The subject three-bedroom dwelling accommodates all three required parking spaces in the driveway. Staff believes that all other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: On March 11, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. Christopher J. Massaro Page 2 of 3 1. The following conditions shall only apply to the dwelling unit addressed as 209 55th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this 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. Christopher J. Massaro 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 STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 7(,, Applicant: Christopher J. Massaro Agenda Item Property Owner: Christopher J. Massaro Revocable Trust \I /' Public Hearing: March 11, 2020 21 City Council Election District: Lynnhaven Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation ,� ApprovalIli USN si Staff Planner �Summer Peebles ii $ I' Location - w 209 55th Street , GPIN >> e" '� trA ' 2419708246 _ f Site Size ._ �� 10,737 square feetT-1 011 ; 1: .000 4 Existing Land Use and Zoning District ' Single-family dwelling/ R-5R (NE) Residential (North End) Surrounding Land Uses and Zoning Districts North �N . - - -� 27th Street 1'� - � ti L . u s �rti. -.._ ` Single-family dwellings/ [Select Zoning] i . South ,, ` 7 55th Street 0 t Single-family dwellings/ R-5R (NE) Residential j.'.< ;, (North End) �f •:� t k. _ f East ,r Duplex/ R-5R (NE) Residential (North End) 'i \` • 'x " '3. ' ' West . Duplexes/ R-5R (NE) Residential (North End) : _ • . tg A 9 a Fes M1 ,1 Chris Massaro Agenda Item 21 Page 1 Background & Summary of Proposal Site Conditions and History • This approximately 10,737 square foot parcel is zoned R-5R(NE) Residential District, North End Overlay • One single-family dwelling is located on the property,which according to City records was constructed in 1945. • No records of previous short-term rental or zoning past violations were found associated with this address. • On-street/right-of-way parking is permitted 24-hours per day,therefore any overflow parking beyond the minimum off-street parking spaces required could occur within the public street/right-of-way. • Staff inspected the site on January 9, 2020 to observe site conditions and take photographs for this report. Short Term Rentals in the Vicinity A e -et rrT It \..e nvoitti is " or . • i •%t . %v%. 5! tceet %t* At* r\ STATUS ' ' I1 r 10 ® Approved • Denied Under Review I ' �?�(S O Registered 1} 1 •• l 1', *\ 3\ Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for 209 55th 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: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided: 5 Chris Massaro Agenda Item 21 Page 2 E n RS - 006"4* I 6 ; a !ii, \\ 3Zoning History \ ij'c�~ ag _ # Request Y611 �. �r �� 1 NON (Demolish and rebuild 2 single-family houses) fol-Pcit, �!% go sv°t G ._ Approved 10/09/12)0 % 2 STC(Closure of a 15 ft. right-of-way)Approved 07/08/2008 \- 3 STC(Closure of a 15 ft. right-of-way)Approved 12/12/2012 en it. ,---Ni 0 cf=5Rpip-,.. l iQollii© -2D c:::\\p, \ n \ ___, 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 & Recommendation This property is located in the North End area of Virginia Beach, two blocks from the public beach of the Atlantic Ocean. This is an area of the City that has a mixture of development types, but predominately single-family and duplex dwellings. There has been a trend of redevelopment of parcels containing smaller older "beach cottages," consistent with the subject lot. With the help of the North Virginia Beach Civic League, an ordinance was adopted in 2015 that allows for increased density development, if certain design standards are met, aimed at maintaining a "beach cottage" design. The existing home, constructed in 1945 is proposed to remain, which staff feels is a favorable outcome. The subject three bedroom dwelling accommodates all three required parking spaces 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. Staff believes that all other requirements of Section 241.2 of the Zoning Ordinance pertaining to 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 55th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Chris Massaro Agenda Item 21 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. 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. 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. Chris Massaro Agenda Item 21 Page 4 Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 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 February 24, 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 March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,June 21, 2020 and June 28, 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 June 22, 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 July 3, 2020. Chris Massaro Agenda Item 21 D....e C Site Layout & Parking Plan 1 • V ' • II` 3.4' ii i'O4 6 �Pi�r/yW�/jyfj7( ..yy{{ i WALL .�+`r'5O,O0 ♦ x T ! 2,0''l � ` • ADJ, HS' (NV . 0,4' OFF !-� ' ADJ. EAVES 0,2' ON 1 car rd 15 garage r7 ,Y . ," rir''''.''':4 i i . lava\ . ‘ ‘*,•14 S Oa • • /1".... o3sed. ig, prop t STR /IL -6.4• 4 NCZ livr Driveway il>has 50 -__ _ � parking 22.4' spaces - , ‘ Ss1.°4' w . •N1. . CI.VI Street Chris Massaro Agenda Item 21 Page 6 Site Photos A:' yam. ;..4 ~ \,,,_ � — ` 4, 3.. ti . . .. ... ,, ,a, G 1 1 s 1 liillioft Now +i. • t < Y" .. -_ ` - , + k _ -- _. to- Y.b ..a.: Google street view, 2015, taken looking west down 55th street. Chris Massaro Agenda Item 21 Page 7 Disclosure Statement 01, . ,,..$ APPLICANT'S NAME Christopher Massaro 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. 4. SECTION 1 / APPLICANT DISCLOSURE 4FORCY 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;4 APPLICANT NOTIFIED OF HEARING DATE' rp/pa/,.,k,a u c�tf nx r C�/t NO CHANGES AS OF DATE na✓c2(04 � Qf{ /t REVISIONS SUBMITTED DATE. 00( rrtr I CCO/eS Chris Massaro Agenda Item 21 Page 8 Disclosure Statement Virginia Beach ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. LiCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Christopher Massaro 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 footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ® Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. • Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name:Christopher J Massaro Revocable If an LLC, list the member's names: Page 2 of 7 Chris Massaro Agenda Item 21 Page 9 Disclosure Statement lkiBr 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 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 S0 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest In the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets:the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2.3101. 1 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 Chris Massaro Agenda Item 21 Page 10 Disclosure Statement V3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) n ® Accounting and/or preparer of your tax return Ti !(I Architect/Landscape Architect/ �'y Land Planner Contract Purchaser(if other than nEl the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Ti f 7 purchaser of the subject property II�� (identify purchaser(s)and purchaser's service providers) ElXI Construction Contractors * ® xi Engineers/Surveyors/Agents Financing(include current mortgage holders and lenders IX selected or being considered to provide financing for acquisition or construction of the property) Li z Legal Services Real Estate Brokers / (QI Agents/Realtors for current and v�� 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 I\„ an interest in the subject land or any proposed development ICI contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Chris Massaro Agenda Item 21 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. Christopher Massaro 12/3/19 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Chris Massaro Agenda Item 21 Page 12 Disclosure Statement OWNER Virginia Beach YES NO I SERVICE PROVIDER(use additional sheets if needed) l l Accounting and/or preparer of l 1 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 X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Uxj Construction Contractors nE. Engineers/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/ n (� 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 6 of 7 Chris Massaro Agenda Item 21 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. _I Christopher Massaro 12/3/19 PROPERTY OWNER'S SIGNATURE 1 PRINT NAME DATE Page 7 of 7 Chris Massaro Agenda Item 21 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. Chris Massaro Agenda Item 21 Page 15 ------ 1 -~ . - ----\ ,...,C ..--''' \-\\ ,, -1'6',, \ ,fAto\114.-.* ell ''''' - - ' -..- ', _- - WI% d -� - ''' 1i' _ yam . ___- I''t\ , 4•_„A •. • '\-:\::-- -' ,---1-4), '4 ....:\ \ • - - - . _ ...t% ____ .-..1-\---c '.,,.., to -lei . -t tit 4� ---„,.....--;----A- ,, . 4', r' ,trk--t 011111a17 11011 ---j'_1,---- 0,.._;iiiiiii , __ ' IA I,' �+ -4 ylli',dog- Ili.„01\ _._- -----11!°' -- Attr•-:. __--7-0 - - 1.-‘ ', -,. Isii: :.WOL ,, ,,.., Awsir. ____ _i____. f., - - 40--___-_---0\,.: iavi.iii, 0, 0._______ ..„-:::_ii, ,:; a5111001111111 ,. \ .. AEA.".1110i Alk---<•%‘ t VA iliss, :„,wiliiik\----4r-- - A *Alb • , rilli 'I % � Vilk:-___. -- -\ iir,h,\,:ikr-, , ,„ . . ., ... -- s'<...., . ___,1.111,0 ,, ,, v,,4100111111.,.,0• '', .)„, _ Alt .,— \ 1 ........,_, - : _ ,._. _ . i ',. , . ,:„..:' ..,\ ',,�:_._ •" \***\'$\''''•• . �- III_ T , r r; 11``-\ iiii. %. _____ ______„ 2 ____ ____-v___ j - cu CC.. > 'V 7.---\ . 0 ,-„. . . ci7.,-) D < Ci M CC ( ___ �,; --. \ �, t' Q 4011 1 U • 0 Item#21 Christopher Massaro Conditional Use Permit(Short Term Rental) 209 55th Street March 11, 2020 RECOMMEND FOR APPROVAL-CONSENT Mr. Redmond:Thank you, Mr. Bourdon,and I neglected to ask if there was any opposition to this matter being placed on the consent agenda. Hearing none, the chairman has asked me Mr. Redmond to review this application. The applicant is requesting to rezone an approximately 7000 square foot parcel from community B-2 community business district to R-5R residential district. This is a very old lot and house, was created in 1916 and single family dwelling was built in 1920, all of this predated the zoning ordinance. Princess Anne County adopted its first zoning ordinance in 1954 and the property was designated then as CL 3, which is a limited commercial zoning district rather than a residential district. The owners of the property are now proposing to redevelop it to demolish that house and to replace it with a duplex, which you can see there. The elevations are appropriate for this part of the city in this part of Shore Drive. It's a very odd shaped property; it appears to have been a site design, thank you, a site design that well fits the shape of the property. The particular part of the building that faces the roadway will be is the part that has the greatest architectural articulation. In short, it's an appropriate application for this type of property particularly given history with the city; there is no opposition to the amendment and the commission concurs with the staff's recommendation of approval and therefore approves it by consent. And with that, Mr. Chairman, that was the last item on our agenda. I therefore make a motion. I forgot to Short Term Rentals. Yes, I have my extra paragraph. Ladies and gentlemen, Short Term Rentals. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rental on the consent agenda, as these applications meet the applicable requirements of Section 241.2 of the zoning ordinance. Staff supports the applications and there is no known opposition to the requests. Those items are agenda items number 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43. That, Mr. Chairman, I move that we approve agenda items number 1, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 by consent. Mr. Weiner: Do I have a second? Mr. Horsley: Second. Mr. Tajan: Okay. May I clarify; number two is also added on to the consent agenda. Mr. Redmond:I am sorry. Number two is added to the consent agenda. Thank you. Good catch. Mr. Alcaraz: I need to abstain from items 23, 24, 25, and 26, I have extensive business dealings with one of the parties involved on these agenda items. Mr. Inman: I need to disclose that as to items 14, 15, 16, 27, 28, 29, 35 and 36, which indicate Town Bank as financing. I am on the advisory board for Town Bank, Virginia Beach. And for the conflicts of interest act, I'm disclosing this fact but I will be voting on these items. I'm able to vote on this matter as Planning Commission is the only and advisory group. I'm not involved in any monetary decisions of Town Bank on these matters and do not make sufficient funds from Town Bank appointment that I can not be fair and impartial. Therefore I'll be voting on those. Ms. Sandloop: By recorded vote of 8-0, agenda items 1, 2, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 with Mr. Alcaraz abstaining from items 23, 24, 25 and 26 have been approved by consent. Mr. Weiner: Thank you. Like to thank the applicants the very few of the applicants that have been on the consent agenda and your date now will be scheduled to go up the city council. The next order of business is items to be heard. And Madam Clerk, please start that please. AYE 8 NAYO ABS 0 ABSENT3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 209 55th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five(5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department;however,the Planning Evaluation&Recommendation Recommended Conditions Department shall notifythe 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 numberof people who may stay overnight(numberof 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 owneror operator must provide the name and telephone numberof a responsible person, who may be the owner,operator or an agent of the owneror 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 ShortTerm Rental is not required. 6. If,or when,the ownership of the property changes,it is the seller's responsibility to notifythe new property owner of requirements'a'through'c'below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6)months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form;and b)Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26, 31-27 and 31-28 (solid waste collection),12-5 (fires on the beach),12-43.2 (fireworks),and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site,except one(1),four(4)square foot sign,may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two(2)rental contracts during any consecutive seven(7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 15. The maximum number of persons on the property after11:00 p.m.and before 7:00 a.m. ("Overnight Lodgers")shall be three(3) individuals per bedroom. 16. To the extent permissible understate law, interconnected smoke detectors(which may be wireless),a fire extinguisher and,where naturalgas 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. 1 qI-\\ 1 - ` LL. O t. , 7 ® .., -'`�- il \ O l - 1,�', i \\ Ce \ I oct „Ai .,4 , \ 1, % ti 1 0 \ I s .------- t ‘ I , II t0 l I _____- .,.,i,,.'‘, N ,.t __________ _„_-- --,--------r = 1 Sl\ t = 1 , ,, ., _______,., aro' , ,� cu ti ii N O ‘ 5 Ilt % O { L.„, CO } 4 i I, 1. i V CD _=�Iti fi _ \► t Z N I al* --;.-A v•-• 'I ,s 0 , \ T l -- ------ \-c- ', _- - - 5 T is- 14 ill -. �-ll lil .i , Ii�' 1 = � 1.1 r, d. 1 t t k dab o a3 z entire % �� _-='ti a. - -. - .ice" I ! t C �` - I, \V, C n, oI 1 Ii _ / H: it..........,7, Ciii CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: NICK TREBON [Applicant& Property Owner] Conditional Use Permit(Short Term Rental) for the property located at 421 2/ 1/2 Street, Unit D (GPIN 24270823850004). COUNCIL DISTRICT — BEACH MEETING DATE: July 7, 2020 ■ Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use on this 7,860 square-foot parcel zoned OR Oceanfront Resort Form-Based Code District. The site is developed with two duplex buildings that were approved by City Council as a Special Exception for Alternative Compliance in 2017, allowing for the second duplex structure to be constructed with vehicular access along the alley. This request is for a Conditional Use Permit is for the unit that is adjacent to the alley. The subject unit contains three bedrooms. The maximum occupancy for guests on-site after 11:00 p.m. is three persons per bedroom, or nine persons in this case. All three required parking spaces are provided on-site located in the driveway and one space in the garage. • Considerations: The subject property is located approximately four blocks from the public beach of the Atlantic Ocean where Short Term Rental use is to be expected. This unit is located within a condominium development containing four owners. Each of the four owners has signed the application. All three required off-street parking spaces are accommodated on site, one in the garage as well as two in the driveway. The property is located within the Residential Parking Permit Program (RPPP) boundary, and as such condition number 4 is recommended that places limits on the guest and temporary permits that would otherwise be available to these units under the RPPP program. Staff believes that all other requirements of Section 241 .2 of the Zoning Ordinance can reasonably be met. Applications for Short Term Rentals are currently pending review for the adjoining unit as well as the adjacent four units to the east. One letter of support from a neighboring duplex has been received. There is no known opposition to this request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Nick Trebon Page 2 of 4 • Recommendations: On March 11, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 421 21st '/2 Street (Unit D) and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. 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 associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 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. Nick Trebon 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. Nick Trebon 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 'f City Manager:7 L INB Applicant and Property Owner: Nick Trebon Agenda Item Public Hearing: March 11, 2020 City Council Election District: Beach 22 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation /? 444(/'-Approval si Staff Planner � � Ashby Moss �� 111111.110111111L4111.111117.11111 am Location � 421 21st Half Street, Unit D GPIN 24270823850004 � ' Site Size O.. ,r 7,860 square feet ��' • ., , •••ow'llwri- Existing Land Use and Zoning District Single-family dwelling or Duplex/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts g ; r North f to 21' Half Street �` " Single-family or Duplex/OR Oceanfront Resort .":, ',"y South ` f , i . ' � .. Multi-Family/ Hotel /OR Oceanfront Resort r'' East Y Single-family or Duplex/OR Oceanfront Resort " ` Y r ' ' '�• ` < West l Single-family or Duplex/OR Oceanfront Resort 1 A 1I. . . m * t. - a A. w. - ' `a • / it Nick Trebon Agenda Item 22 Page 1 Background & Summary of Proposal Site Conditions and History • The subject site is 7,860 square feet and is zoned OR Oceanfront Resort. • The property is developed with two duplex dwellings. Each unit is owned individually and the property itself is jointly owned under a condominium agreement. According to City records, the applicant's unit was built in 2019. • This property was approved as a Special Exception for Alternative Compliance in 2017 to allow this second duplex structure adjacent the alley on the property. • On-street parking is not permitted on this portion of 21st% Street. • Staff inspected the site on January 23, 2020 to observe site conditions and take photographs for this report. Short Term Rentals in the Vicinity y ' -; ,Tt 1 \, t4t1` �`� y d Ttt't ''''----A l-\ \ '\` ! 25thS-\- -�e 1,\� K e, \ `, S eet \ A \T\ii\- --.'-- -------- \''\\_,c\A_---_ .-t lLL Oh,` \, 1 j?.: i 1 e t � �,1 -.t . , \ \ t ---1 .\-1•r-,51:S1-\9D--11"-11- r 1s ' ',i T_ ' 1 gKd e 1 `, t s 1 - -tti ie . -. _(7'\ y , 1 SJ 1 y 16_ L ai r � � ,,_ \ 7 f tt� 1 • \ �y, —`I `1 1� 1 rt \' u ,--IVO ' ‘--\:-; s61.,_ ---- —-- ---- ----\% STATUS - 4 '' l t_---`}` ..---�c ` �_ - Approved 0 1 1-\ -str A-r\n t. ` = �T; t • Denied - - Y--�1-� �— �` \'\1, r� _ `�:. �,S gt _ 0 _ J = re Under Review` i _ �`'t -$ife� �+``� ��„tti_ t Registered L --. 1 ' J Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for one half of a 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: 3 Nick Trebon Agenda Item 22 Page 2 • 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 on-site: 3 (2 driveway and 1 garage) R 1{p '' Zoning History .oi `p _ # Request 1 ALT(Alternative Compliance)Approved 04/18/2017 � • 2 ALT(Alternative Compliance)Approved 04/18/2017 -� 3 ALT(Alternative Compliance)Approved 03/11/2014 R$�� - • > R' 4 NON (Enlargement of a Nonconforming Use)Approved 1t••sv't 11/28/2000 ` 5 SVR(Subdivision Variance)Approved 09/06/2011 OR 116 6 CUP(Commercial Parking Lot)Approved 03/10/2009 0 1111 , 7 MOD(Commercial Parking Lot)Approved 11/9/2010 o � 8 SVR(Subdivision Variance) and ALT(Alternative Compliance)Approved 10/8/2013 9 ALT(Alternative Compliance)Approved 05/14/2013 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 & Recommendation The subject site is located in a neighborhood four blocks from the public beaches of the Atlantic Ocean. The neighborhood contains a mixture of dwelling types and uses, including single-family, duplex and multi-family dwellings. The area has seen significant development occur over the past several years. The subject dwelling contains three bedrooms. The parking plan shows two parking spaces located on a permeable paver driveway and a third within a single-car garage. The property lies within the RPPP boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. As permitted by Section 241.2 of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. Furthermore, staff believes all requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. A letter of support has been received from the owners at 423 21 % Street, the adjoining unit of this duplex building. No letters of opposition have been received and each condo owner has signed the application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Nick Trebon Agenda Item 22 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 421 21st 1/2 Street(Unit D)and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening,and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. 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 associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 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. Nick Trebon Agenda Item 22 Page 4 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. Public Outreach Information Planning Commission • The applicant obtained signatures from each of the condo owners associated with the property, but did not reach out to the civic league. • One letters of support has been received by Staff. No letters of opposition have been received. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginian Pilot Beacon on Sundays, February 23, 2020, and March 1, 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 February 24, 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 March 5, 2020. Nick Trebon Agenda Item 22 Page 5 City Council • As required by State Code,this item was advertised in the Virginian Pilot Beacon on Sundays,June 21, 2020, and June 28, 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 June 22, 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 July 3, 2020. • One letters of support/zero letters of opposition have been received by Staff. Site Layout & Parking Plan PARKING PLAN 421 215t %Z Street Required 9' x 18' 1 — — : f parking space 2 3 i i 1., -. (Driveway) i};�L. EFi - - Required 9' x 18' lall it 0 �IQ (Wi 1 parking space x� .1. g (Garage) 423 7.1.7 , .- '- ':,:,, 4'; , ,' .,,qt . , _ , ,,_ t .. ..„.„,..,, ......„..., r 0-7a ..E x sroF.w. ,. ,vA t re.ry, +. [.YW i 16'L 1 1 ____,A,-, sr c .. NG.or Nick Trebon Agenda Item 22 Page 6 Site Photos Y, t ,mz2's� �� ® se ' ...1irr e� I - 4 1iijiiil iiiii11111 fill. III II®IIh1 I111111NIIII It1 ; 7, :. u'�J' sue' , f tt II ar 421 21st Half Street (Unit D) 421 is on the Left 1 4 ft erg ,."'` , tea. Nick Trebon Agenda Item 22 Page 7 Disclosure Statement Iiiii213 Virginia Beach APPLICANT'S NAME Nick Trebon 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 I by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use j Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Annrnnriatnnocs I Street Closure (Historic Review Board) franchise iaylecmn ,.. 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 Cite Council meeting that enains to the a lication s APPLICANT NOTIFIED OF HEARING DATE: ® NO CHANGES AS OF DATE: 3.17.2020 it..4 , CLt.r./, 0 _REVISIONS SUBMITTED DATE: Nick Trebon Agenda Item 22 Page 8 Disclosure Statement \13 Virginia Beach _ Check here if the APPUCANT 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:_ c eN_9A \ If an LLC, list all member's names: CoA500.e. (Lc Vcat6 LL.C. 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 onlyJf property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 17(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:__K11C44_ TsebuJl If an LLC, list the member's names: Page 2 of 7 Nick Trebon Agenda Item 22 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) {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 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 Nick Trebon Agenda Item 22 Page 10 Disclosure Statement 'NB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If �J needed) 0 Accounting and/or preparer of AOta, Gob\tom Toot tor►f l}awFS rite your tax return 161-of at S-aCe g j I=1 g Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ the Aoalicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and urchaser's service providers) ElConstruction Contractors 1117 Engineers/Surveyors/Agents IC Financing(include current Mew0 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) /Legal Services ❑ Real sate Brokers/ (iJ�( 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 1 ❑ an interest in the subject land or any proposed development j contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Nick Trebon Agenda Item 22 Page 11 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. Alta: %k,r /0-2i- ARK CANT'S SIGNATURE PRINT NAME DATE Nathan Bolling 423 21-1/2 Street Signature of Condo/co-owner TO NOV ,2019. /'fr, o0h :, i U.2 3 4tt*' //' ______70s-2sht- 36Pg Sign- - - -• .o/co-owner A.f4,4 3/..op /1›,? 5 ,!..w <1 of Page 5 of 7 Nick Trebon Agenda Item 22 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Nick Trebon Agenda Item 22 Page 13 __ - r-. --t---- ------T--- \ .\'',„,\ * Rv ./ ti ,-\ - ',,, r ; _ _ I \\\:, :,. k, ,.- ,____. \ ', 70 =r 4+0_ - ti` 1 —-- im tE t Sb t _ .� 1 = --ttle ,.„..-=,...fr"-": r *el , iii____,..,-- .._ VOL .. \v. _ ___,_\ __-- 111 _1 �� T y —�_— ---_ _-r err V.07118 1 ! t L - ; \\_____\ iter I -�_,}S, 40 I -\... , c4 T -- 'I I 0 q__—' : 1/2____—__:' 1 tr . \\\‘ 7-- , ,1 891+ 1 ,r � 11 ''i, �..7 6.. )N I,- W. _-% 1j "&t1s� -."-� i Lr` Y t\Y j i 1 �` y T r _____,5----. c---1_,\,, 0.1. ' __- _.. ate- �43) _.- kr_ t'� - yl V--- e- y t'll, ••�-�• � , �' ''c -` _ _ III � ^_- tti . _ = _ - \1 4 -- - _ am" l',V--- t' era a` _ I __!,,,,__. 0 , 0\ 1,--2P. ,------.1 , t, to __,----- ,,,,, "-----1-A, ' . t 1:::1:'L.44---'---'4----A----.:14ted.- -- i ;r t R 'I t n k}(..�'� -�"""' �, - t 11 \ %_._. It '1 =--- M• 1 '' l 5 _ - 'I _ '', tom- , �--r-1 _. 1' 1 } _ 1 1 I 1i, y= 11 J 1 = X.-- i 1 -- 11� r - rip t .y-�' f CC a) I t • - R pba. to 0, cn \ \ ---- ---' tv'-or 5--\---- \\\ A , --= l _ y5 t5`y Item#22 Nick Trebon Conditional Use Permit(Short Term Rental) 42121 '/:Street March 11,2020 RECOMMEND FOR APPROVAL-CONSENT Mr. Redmond:Thank you, Mr. Bourdon, and I neglected to ask if there was any opposition to this matter being placed on the consent agenda. Hearing none, the chairman has asked me Mr. Redmond to review this application. The applicant is requesting to rezone approximately 7000 square foot parcel from community B-2 community business district to R-5R residential district. This is a very old lot and house, was created in 1916 and single family dwelling was built in 1920, all of this predated the zoning ordinance. Princess Anne County adopted its first zoning ordinance in 1954 and the property was designated then as CL 3, which is a limited commercial zoning district rather than a residential district. The owners of the property are now proposing to redevelop it to demolish that house and to replace it with a duplex, which you can see there. The elevations are appropriate for this part of the city in this part of Shore Drive. It's a very odd shaped property; it appears to have been a site design, thank you, a site design that well fits the shape of the property. The particular part of the building that faces the roadway will be is the part that has the greatest architectural articulation. In short, it's an appropriate application for this type of property particularly given history with the city; there is no opposition to the amendment and the commission concurs with the staffs recommendation of approval and therefore approves it by consent. And with that, Mr. Chairman, that was the last item on our agenda. I therefore make a motion. I forgot to short term rentals. Yes, I have my extra paragraph. Ladies and gentlemen, short term rentals. The planning commission places the following applications for conditional use permit for short term rental on the consent agenda, as these applications meet the applicable requirements of Section 241.2 of the zoning ordinance. Staff supports the applications and there is no known opposition to the requests. Those items are agenda items number 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43. That, Mr. Chairman, I move that we approve agenda items number 1, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 by consent. Mr. Weiner: Do I have a second? Mr. Horsley: Second. Mr. Tajan: Okay. May I clarify; number two is also added on to the consent agenda. Mr. Redmond:I am sorry. Number two is added to the consent agenda. Thank you. Good catch. Mr. Alcaraz: I need to abstain from items 23, 24, 25, and 26, I have extensive business dealings with one of the parties involved on these agenda items. Mr. Inman: I need to disclose that as to items 14, 15, 16, 27, 28, 29, 35 and 36, which indicate Town Bank as financing. I am on the advisory board for Town Bank, Virginia Beach. And for the conflicts of interest act, I'm disclosing this fact but I will be voting on these items. I'm able to vote on this matter as Planning Commission is the only and advisory group. I'm not involved in any monetary decisions of Town Bank on these matters and do not make sufficient funds from Town Bank appointment that I can not be fair and impartial. Therefore I'll be voting on those. Mr. Weiner: Thank you. Like to thank the applicants the very few of the applicants that have been on the consent agenda and your date now will be scheduled to go up the city council. The next order of business is items to be heard. And Madam Clerk,please start that please. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 421 21st 1/2 Street (Unit D)and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening,and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. 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 associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 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. 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. K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW & ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARIES BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************************** *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda (including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to pmcgraw@vbgov.com or call 385-4303. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/23/2020 PAGE: I B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I O B C D N OMOOL W O O C Y L NOUWS 0 T THE E E S S E O O E T I R Y S S ERNDN CITY MANAGER'S BRIEFINGS A. CONVENTION AND VISITORS BUREAU Ronald H.Williams, RETREAT FOLLOW-UP Jr.—Deputy City Manager B. PENDING PLANNING ITEMS William Landfair, Planning Evaluation Coordinator Kevin Kemp,Zoning Administrator III. 11-0 Y Y Y Y Y Y Y Y Y Y Y A. CERTIFICATION OF CLOSED SESSION CERTIFIED B. MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y June 2,2020 June 3,2020 June 4,2020 June 9,2020 June 13,2020 C. PUBLIC HEARING 1 SPEAKER APPROPRIATION OF CARES ACT FUNDING E.1. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $258,160 from Department of Justice CONSENT Coronavirus Emergency Supplemental Funding Program(CESFP)re Correctional Center video wall,purchase of drug screen tests,and temporary contractual positions E.2. Resolution to REINSTATE all portions of the ADOPTED,AS 11-0 Y Y Y YYY Y Y Y Y Y City Council Speaker Policy AMENDED TO BEGIN 7/7/2020,BY CONSENT F.1. CRAIG LEWANDOWSKI fora Conditional DENIED 9-2 NY Y YYY N YYYY Use Permit re short term rental at 4446 Gulls Quay,Unit A DISTRICT 4—BAYSIDE F.2. NIKITA STEPANOV for a Conditional Use DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y Permit re short term rental at 932 Delaware INDEFINITELY Avenue DISTRICT 6—BEACH F.3. BEACII BOROUGH DEVELOPMENT, APPROVED/ 8-3 Y Y YNNN Y YYYY LLC for Conditional Use Permits re short CONDITIONED term rental: a. 410 25`h Street b. 408 25's Street,Units A&B DISTRICT 6—BEACH F.4. ANTHONY S.CRAIG&MONICA DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y MALONE-CRAIG/DAN G.PESCARIU& INDEFINITELY CRISTINA G.MAXIUM for a Conditional Use Permit re short term rental at 417 22%: Street DISTRICT 6—BEACH F.S. LBC RENTALS,LLC fora Conditional Use APPROVED/ 8-3 Y Y YNNN Y YYYY Permit re short term rental at 209 83rd Street, CONDITIONED Units A&B DISTRICT 5—LYNNHAVEN CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/23/2020 PAGE: 2 B AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OMOOL W O O C Y L NOUWS 0 T THE E E S S E O O E T I R Y S S ERNDN F.6. CYNTHIA E.FULMER-CARZO/ DEFERRED 11-0 Y Y Y YYY Y YYYY CHRISTOPHER G.CARZO ET UX.& INDEFINITELY DEBORAH DARE for a Conditional Use Permit re short term rental at 202 76's Street DISTRICT 5—LYNNHAVEN F.7. STEPHANIE N.FAILLA&DUNE OKAY, APPROVED/ 8-3 Y Y YNNN Y YYYY LLC for a Conditional Use Permit re short CONDITIONED term rental at 216 69th Street,Unit B DISTRICT 5—LYNNHAVEN ARTS AND HUMANITIES COMMISSION Reappointed: Emma Davis 4 Year Term 7/1/2020-6/30/2024 AUDIT COMMITTEE Reappointed: Karen Hill Council Member Jones Vice Mayor Wood 3 Year Term 5/1/2020-4/30/2023 BAYFRONT ADVISORY COMMISSION Reappointed: Phillip Davenport 3 Year Term 7/1/2020-6/30/2023 Appointed: Robert Magoon 3 Year Term 6/23/2020-6/30/2023 BIKEWAYS AND TRAILS ADVISORY Reappointed: COMMITTEE Amy Frostick 3 Year Term 7/1/2020-6/30/2023 BOARD OF BUILDING CODE APPEALS Appointed: Robert Stern David Anderson James Brewer Trisha McIntosh Richard Bowie Emery Chickey Jonathan Speight 5 Year Term 6/23/2020-5/31/2025 BOARD OF ZONING APPEALS Appointed as Alternate: Kevin Newtown 5 Year Term 6/23/2020-5/31/2025 COMMUNITY POLICY AND Reappointed: MANAGEMENT TEAM Suzanne Baldwin 2 Year Term 5/1/2020-4/30/2022 COMMUNITY SERVICES BOARD Appointed: Katrice Washington 3 Year Term 6/23/2020-5/31/2023 • HEALTH SERVICES ADVISORY BOARD Appointed: Brian Weinstein 3 Year Term 6/23/2020-5/31/2023 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS • DATE:06/23/2020 PAGE: 3 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L I-I W W B U E J R T 1 0 B C D N OMO 0 L W 0 0 C Y L N 0 U W S O T T HE E E S S E O O E T I R Y S S E R NDN MINORITY BUSINESS COUNCIL Reappointed: Francina Harrison Frances K. Thompson Colleen P.Nabhan 2 Year Term 6/1/2020-5/31/2022 OPEN SPACE ADVISORY COMMITTEE Reappointed: Nicholas Anoia 3 Year Term 6/1/2020-5/31/2023 SENIOR SERVICES OF SOUTHEASTERN Appointed: VIRGINIA Teresa Gonzalvo 3 Year Term 6/23/2020-5/31/2023 VIRGINIA BEACH TOWING ADVISORY Reappointed: BOARD Michael O'Neil 3 Year Term 6/1/2020-5/31/2023 WETLANDS BOARD Appointed: Emily Steinhilber 5 Year Term 6/23/2020-5/31/2025 APPOINTMENTS RESCHEDULED BY CO N S I! \ S L S 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARIES BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION TV. ADJOURNMENT 7:30 P.M.