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07-28-2020 SPECIAL FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M "BOBBY"DYER,At Large g61,11A Bic VICE MAYOR JAMES L. WOOD,Lynnhaven—District 5 4;J� d yG� JESSICA P.ABBOTT,Kempsville—District 2 MICHAEL F.BERLUCCHI,Rose Hall—District 3 , �\ 2 BARBARA M.HENLEY,Princess Anne—District 7 =� LOUIS R.JONES,Bayside—District 4 .; .fit,• G JOHND.MOSS,At Large � 'r` AARON R.ROUSE,At Large \ :., g 0, 0., .o,0M, GUYK.TOWER,Beach—District 6 ROSEMARY WILSON,At Large SABRINA D.WOOTEN,Centerville—District 1 CITY HALL BUILDING 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER—PATRICK A.DUHANEY PHONE:(757)385-4303 CITY ATTORNEY—MARK D.STILES FAX(757)385-5669 CITY ASSESSOR—RONALD D.AGNOR CITY COUNCIL SPECIAL E-MAIL:CITYCOUNCIL@vbgov.com CITY AUDITOR—LYNDONS.REMIAS FORMAL SESSION CITY CLERK—AMANDA BARNES July 28, 2020 MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer - City Council Chamber- 2:30 PM A. READING OF THE MAYOR'S CALL FOR SPECIAL MEETING B. ROLL CALL OF CITY COUNCIL II. CITY COUNCIL DISCUSSION A. WEBEX VIRTUAL MEETING WITH MEMBERS OF THE GENERAL ASSEMBLY DELEGATION III. CITY MANAGER'S BRIEFINGS A. INTERIM FINANCIAL STATEMENT Alice Kelly, Director—Finance B. SALE OF EXCESS CITY PROPERTY—212 Fair Lady Road Taylor Adams, Director—Economic Development C. PENDING PLANNING ITEMS Bobby Tajan, Director—Planning and Community Development Bill Landfair, Planning Evaluation Coordinator D. WESTMINSTER CANTERBURY ON CHESAPEAKE BAY MODIFICATION OF CONDITIONS & THALIA ROAD PARTNERS REZONING Bobby Tajan, Director—Planning and Community Development IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - City Council Chamber- 5:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. RECONVENE SPECIAL FORMAL SESSION - City Council Chamber- 6:00 PM A. CERTIFICATION OF CLOSED SESSION B. MINUTES 1. SPECIAL SESSION July 21, 2020 C. MAYOR'S PRESENTATION 1. PROCLAMATION IRA AGRICOLA DAY Executive Vice President, Government Affairs—Hampton Roads Chamber of Commerce D. SPECIAL SESSION AGENDA 1. CONSENT AGENDA E. ORDINANCES/RESOLUTIONS 1. Resolution to OPPOSE Offshore Drilling and Seismic Testing(Requested by Council Members Abbott, Berlucchi, Tower, and Wilson) 2. Resolution to REQUEST the Circuit Court to Order a Referendum Election be held on November 3, 2020 re "Should the City Council adopt an ordinance requesting a change to the City Charter that would provide for the election of councilmembers who represent each of the City's seven residence districts only by voters who reside in the respective residence districts, as opposed to the current system of at-large voting" (Requested by Councilmember Abbott) 3. Ordinance to GRANT a Non-Exclusive Franchise Agreement to Kitty Hawk Wind, LLC re install, maintain and operate telecommunication facilities in the public streets and rights- of-way for offshore wind energy projects 4. Ordinance to AUTHORIZE temporary encroachments into portions of City's rights-of-way known as Cape Henry Drive and Shore Drive located adjacent to 3325 and 3329 Shore Drive by Virginia Pilot Association Land Trust re maintain an existing metal fence, sliding metal gate, brick columns with lights, gate motor, electric hand holes, and keypad on pole F. PLANNING 1. WILLIAM & MARIE BURKHOLDER / THOMAS P. JOHNSON for a Conditional Use Permit re short term rental at 4472 Ocean View Avenue, Unit B DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. VACATION PROPERTIES, LLC / SEAN & TIJUANA BELL for Conditional Use Permits re short term rentals at 304 28th Street: a. Unit 310 b. Unit 311 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. ALLEN PRINCE for Conditional Use Permits re short term rentals at 525 21 st Street: a. Unit A b. Unit B DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. MISSION ENTERPRISES, LLC for a Conditional Use Permit re short term rental at 517 Virginia Beach Boulevard DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. JANET MARINO for a Conditional Use Permit re short term rental at 951 Maryland Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. HMC, LLC /MINH VOUNG for Conditional Use Permits re short term rental 4669 Merrimac Lane DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 7. ARICA ATKINS & MELVIN L. ATKINS, III for Conditional Use Permits re short term rentals at 598 Pinewood Drive: a. Unit 203 b. Unit 208 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. EMILY PERDONCIN & DENNIS SMITH for a Conditional Use Permit re short term rental at 2306 Oak Street DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 9. GEOFFREY WHITESIDE for a Conditional Use Permit re short term rental at 131 South Thalia Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 10. JUSTYCE SWANGO /JAAG INVESTMENTS, INC. for a Conditional Use Permit at 521 Carolina Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL G. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW& ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD CONVENTION & VISITORS BUREAU COMMUNITY TASK FORCE DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION H. UNFINISHED BUSINESS I. NEW BUSINESS J. ADJOURNMENT *********************************** 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. a\GOA• BEAc City of Virginia Beach se 0 OntO p OUR Nxn- ROBERT M."BOBBY"DYER MUNICIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 July 23, 2020 BDYER�VBGOV.COM HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL Tuesday,July 28, 2020 6:00 P.M. City Council Chamber Building 1, City Hall, 2nd Floor 2401 Courthouse Drive The purpose of this SPECIAL FORMAL SESSION is for the City Council to consider the items listed on the published Agenda.l also hereby call for a WORKSHOP AND INFORMAL SESSION of the City Council, beginning at 2:30, at the same location, which will consist of briefings, discussions, a closed session, and the other items as detailed in the Agenda. Citizens may comment either in person or virtually. If you would like to speak in person,please call the City Clerk's office at 757-385-4303 to sign up. Be advised that there is limited seating available in the City Council Chamber to ensure social distancing, as recommended by the CDC. If you wish to make comments virtually on an item,please follow the two-step process provided below: •Register for the WebEx at: hitt),. 1b_,01.ncbex.corn/rbgov/wi'.itigc/g.php?MI1D- 8593c702112I i299896a2634064/ba8 •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 28, 2020 This Special Formal Session will be broadcast on cable tv, www.vbgov.com and Facebook Live. Citizens are encouraged to submit their comments to the City Council prior to the Special Meeting via email at CitvCouncil@vbgov.com. Sincerely, Robert M.Dyer Mayor Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer - City Council Chamber - 2:30 PM A. READING OF THE MAYOR'S CALL FOR SPECIAL MEETING B. ROLL CALL OF CITY COUNCIL II. CITY COUNCIL DISCUSSION A. WEBEX VIRTUAL MEETING WITH MEMBERS OF THE GENERAL ASSEMBLY DELEGATION III. CITY MANAGER'S BRIEFINGS A. INTERIM FINANCIAL STATEMENT Alice Kelly,Director—Finance B. SALE OF EXCESS CITY PROPERTY—212 Fair Lady Road Taylor Adams,Director—Economic Development C. PENDING PLANNING ITEMS Bobby Tajan,Director—Planning and Community Development Bill Landfair,Planning Evaluation Coordinator D. WESTMINSTER CANTERBURY ON CHESAPEAKE BAY MODIFICATION OF CONDITIONS & THALIA ROAD PARTNERS REZONING Bobby Tajan, Director—Planning and Community Development IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - City Council Chamber - 5:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. RECONVENE SPECIAL FORMAL SESSION - City Council Chamber- 6:00 PM A. CERTIFICATION OF CLOSED SESSION B. MINUTES 1. SPECIAL SESSION July 21, 2020 C. MAYOR'S PRESENTATION 1. PROCLAMATION IRA AGRICOLA DAY Executive Vice President, Government Affairs—Hampton Roads Chamber of Commerce 0.1.1IA•B ls. ' L 6Z i rr °F OUR NAS'°N firociantation Whereas. Ira Agricola was born in Portsmouth, Virginia,and graduated from Virginia Commonwealth 'University in 1976 with a Bachelor's Degree in Community Services;and 'Whereas: The semester before he graduated from Virginia Commonwealth Ira returned to Portsmouth to work in municipal-government;and `Whereas: In 1981,Ira Began his career with the Chamber as the Tecutive(Director in Portsmouth;and Whereas: When the five city Chambers merged in 1984 to create the 7-lampton Roads Chamber of Commerce, Ira became the Vice President to oversee the Executive Directors for each of the five divisions.;and Whereas: Ira received a graduate level certificate from the 'U.S. Chamber of Commerce Institute of Organization Management at the 'University of Delaware after completion of the six-year professional development course in 1989 and is also a graduate of LEAD Hampton&ads; and Whereas: Ira served as Executive Vice President for Governmenta(Affairs,where he championed issues for the business community such as sustainable transportation funding and maintaining Virginia as a fight-to-Work state while also remaining steadfast in his support for energy issues,such as Offshore Wind'Energy. Whereas: Ira 1o66iedat the local revel-for the pub&private partnership that esta6CiahedVirginia Beach Town Center,was an integral part of the City's efforts on BRAC and was one of the founders of the Patriotic Festival a Military Celebration that honors our armed forces personnel and their families;and Whereas: After dedicating 39 years of loyal service to our community as "The Voice of Business in 9dampton Rpads,"Ira is retiring to enjoy time at his family cottage in the Outer Banks with his wife, Belinda and his granddaughter¶Emma. Ira will also continue his work with the Patriotic<Festivalserving as their chairman. Now,'Therefore,I,&Bert M. Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby recognize: luCy 28, 2020 Ira iigricola Day In'Virginia Beach, and I encourage all'citizens to extend their gratitude and congratulations to our colleague and friend as he retires from the 9dampton Roads Chamber of Commerce,with all the best wishes for the future. In Witness'4 hereof, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia, to 6e affixed this Twenty-Eighth Day of July,Two'housantTwenty. / 42/ 1414°I)i°6(°1 Robert M. "Bobby"Dyer Mayor D. SPECIAL SESSION AGENDA 1. CONSENT AGENDA E. ORDINANCES/RESOLUTIONS 1. Resolution to OPPOSE Offshore Drilling and Seismic Testing(Requested by Council Members Abbott, Berlucchi, Tower, and Wilson) 2. Resolution to REQUEST the Circuit Court to Order a Referendum Election be held on November 3, 2020 re"Should the City Council adopt an ordinance requesting a change to the City Charter that would provide for the election of councilmembers who represent each of the City's seven residence districts only by voters who reside in the respective residence districts, as opposed to the current system of at-large voting" (Requested by Councilmember Abbott) 3. Ordinance to GRANT a Non-Exclusive Franchise Agreement to Kitty Hawk Wind, LLC re install, maintain and operate telecommunication facilities in the public streets and rights- of-way for offshore wind energy projects 4. Ordinance to AUTHORIZE temporary encroachments into portions of City's rights-of-way known as Cape Henry Drive and Shore Drive located adjacent to 3325 and 3329 Shore Drive by Virginia Pilot Association Land Trust re maintain an existing metal fence, sliding metal gate, brick columns with lights, gate motor, electric hand holes, and keypad on pole u ee,,z r4T::*) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Opposing Offshore Drilling and Seismic Testing MEETING DATE: July 28, 2020 • Background: In 2015, local business organizations and Council-appointed advisory agencies urged the City Council to oppose offshore oil and gas exploration, including the Resort Advisory Commission, the City's Green Ribbon Committee, the Virginia Aquarium Foundation, Lynnhaven River NOW, the Virginia Beach Hotel Association, and the Virginia Beach Restaurant Association. The Princess Anne Garden Club, the Virginia Beach Garden Club, the Sandbridge Civic League, and the Resort Beach Civic League also expressed their opposition to offshore oil and gas exploration and supported the City Council's vote that year to repeal a previously adopted resolution that supported such exploration. Subsequently, in 2017 the Virginia Beach City Council adopted a resolution opposing offshore oil and gas exploration, including seismic testing. And in 2018, the Virginia Beach City Council adopted a resolution to reiterate its strong opposition to offshore oil and gas exploration, to include seismic testing. As of 2020, 25 Virginia municipalities, including Virginia Beach, Norfolk, Portsmouth, Hampton, and both Onancock and Northampton Counties, have adopted resolutions opposing offshore drilling activities. Deep concerns remain that offshore energy exploration could conflict with the Department of Defense's mission requirements, including the expansion of weapon and sensor footprints as well as operations in the Mid- Atlantic Planning Area that includes areas off Virginia Beach's coastline. The tourism industry is vital to the City's economic prosperity which accounted for $1.6 billion in annual revenue, nearly 14,000 tourism-supported local jobs, and $62.5 million in tourism-related taxes in 2018. Furthermore, for the good of all our residents and our economy, the City of Virginia Beach must continue to protect and build upon our status as both one of the East Coast's premier resort city and a highly valued partner with the Navy; especially during the current unprecedented health and economic crisis caused by COVID-19. WesternGeco, a British geophysical services company, has sought a permit from the federal Bureau of Ocean Energy Management ("BOEM") to conduct seismic testing to search for oil and gas off the coasts of North and South Carolina, and although North Carolina filed a formal objection to the permit, the Assistant Secretary of Commerce for Environmental Observation and Prediction, who performs the duties of Under Secretary of Commerce for Oceans and Atmosphere, overrode North Carolina's objection, which means the BOEM is no longer prohibited from issuing the permit to WesternGeco. This Agenda Request Form Page 2 of 2 area is dangerously close to Virginia's coast and could impact our tourism and military operations, bringing the reality of seismic testing one step closer to Virginia ■ Considerations: In this resolution, the City Council (1) reiterates its strong opposition to offshore oil, gas exploration and seismic testing, bordering the City's pristine coastline as well as in the entire Atlantic; (2) urges the Bureau of Ocean Energy Management to deny the permit sought by WesternGeco to conduct seismic testing off the Carolina coasts; (3) strongly supports the drilling protections addressed in the House of Representative's FY2021 Interior-Environment Appropriations draft bill and urges the Senate to adopt the protections in the final bill; (4) strongly supports permanently extending the moratorium on drilling exploration and drilling in the Eastern Gulf of Mexico, recognizing the importance of both our coastal waters and the waters off of Florida's Gulf Coast to our national security and military readiness; (5) formally requests that the Secretary of the Interior extend to Virginia Beach, its residents, and our neighbors along the entire East Coast the same protections and exemptions promised to the Florida Governor and the residents of Florida; and (6) respectfully requests the assistance of United States Senators Kaine and Warner, as well as Representative Luria, in securing these essential protections for Virginia's coastlines and its residents, as well as our Atlantic coast neighbors. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Resolution Requested by Councilmembers Abbott, Berlucchi, Tower, and Wilson REQUESTED BY COUNCILMEMBERS ABBOTT, BERLUCCHI, TOWER, AND WILSON 1 A RESOLUTION OPPOSING OFFSHORE DRILLING AND 2 SEISMIC TESTING 3 WHEREAS, in 2015, local business organizations and Council-appointed advisory 4 agencies urged the City Council to oppose offshore oil and gas exploration, including the 5 Resort Advisory Commission, the City's Green Ribbon Committee, the Virginia Aquarium 6 Foundation, Lynnhaven River NOW, the Virginia Beach Hotel Association, and the 7 Virginia Beach Restaurant Association; and the Princess Anne Garden Club, the Virginia 8 Beach Garden Club, the Sandbridge Civic League and the Resort Beach Civic League 9 also expressed their opposition to offshore oil and gas exploration and supported the City 10 Council's vote that year to repeal a previously adopted resolution that had supported such 11 exploration; 12 13 WHEREAS, in 2017, the Virginia Beach City Council adopted a resolution 14 opposing offshore oil and gas exploration, including seismic testing; 15 WHEREAS, in 2018, the Virginia Beach City Council adopted a resolution to 16 reiterate its strong opposition to offshore oil and gas exploration, including seismic testing 17 and requesting the assistance of the Secretary of the Interior, United States Senators 18 Kaine and Warner, and Congressman Taylor in securing protections for Virginia's 19 coastline and its residents; 20 WHEREAS, as of 2020, 25 Virginia municipalities, including Virginia Beach, 21 Norfolk, Portsmouth, Hampton, and both Onancock and Northampton Counties, have 22 adopted resolutions opposing offshore drilling activities; 23 WHEREAS, as of 2020, Virginia's United States Senators Kaine and Warner and 24 United States Representatives Connolly, Scott, Beyer, McEachin, Luria, Spanberger, and 25 Wexton have all repeatedly expressed their strong opposition to offshore exploration and 26 drilling off the coast of Virginia; 27 WHEREAS, deep concerns remain that offshore energy exploration could conflict 28 with the Department of Defense's mission requirements, including expanded weapon and 29 sensor footprints and operations in the Mid-Atlantic Planning Area that includes areas off 30 of Virginia Beach's coastline; 31 WHEREAS, the tourism industry is vital to the City's economic prosperity, 32 accounting in 2018 for $1.6 billion in annual revenue, nearly 14,000 tourism-supported 33 local jobs, and $62.5 million in tourism-related taxes; 34 WHEREAS, for the good of all our residents and our economy, the City of Virginia 35 Beach must continue to protect and build upon our status as both one of the East Coast's 36 premier resort cities and a highly valued partner with the Navy, especially during the 37 current unprecedented health and economic crisis caused by COVID-19; 38 WHEREAS, WesternGeco, a British geophysical services company, has sought a 39 permit from the federal Bureau of Ocean Energy Management ("BOEM") to conduct 40 seismic testing to search for oil and gas off the coasts of North and South Carolina, and 41 although North Carolina filed a formal objection to the permit, the Assistant Secretary of 42 Commerce for Environmental Observation and Prediction, who performs the duties of 43 Under Secretary of Commerce for Oceans and Atmosphere, overrode North Carolina's 44 objection, which means the BOEM is no longer prohibited from issuing the permit to 45 WesternGeco; 46 WHEREAS, this area is dangerously close to Virginia's coast and could impact our 47 tourism and military operations, bringing the reality of seismic testing one step closer to 48 Virginia; and 49 WHEREAS, the Trump administration has proposed to expand offshore oil and 50 gas drilling to nearly all United States waters, including off the coast of Virginia; 51 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 52 OF VIRGINIA BEACH, THAT: 53 The City Council hereby reiterates its strong opposition to offshore oil and gas 54 exploration, including seismic testing, off the City's pristine coastline as well as in the 55 entire Atlantic; 56 The City Council urges the Bureau of Ocean Energy Management to deny the 57 permit sought by WesternGeco to conduct seismic testing off the Carolina coasts; 58 The City Council strongly supports the drilling protections included in the House's 59 draft FY2021 Interior-Environment Appropriations bill and urges the Senate to adopt 60 these protections in the final bill; 61 The City Council also strongly supports permanently extending the moratorium on 62 drilling exploration and drilling in the Eastern Gulf of Mexico, recognizing the importance 63 of both our coastal waters and the waters off of Florida's Gulf Coast to our national 64 security and military readiness; 65 The City Council formally requests that the Secretary of the Interior extend to 66 Virginia Beach and its residents, as well as our neighbors along the entire East Coast, 67 the same protections and exemption that have been promised to the Governor and 68 residents of Florida; that is, to fully remove the Atlantic and Eastern Gulf of Mexico from 69 consideration in the current proposal to expand drilling; 70 The City Council respectfully requests the assistance of United States Senators 71 Kaine and Warner, as well as Representative Luria, in securing these essential 72 protections for Virginia's coastlines and its residents, as well as our Atlantic coast 73 neighbors. Adopted by the Council of the City of Virginia Beach this day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: -. 0xkk(Z/‘' Deputy City Attorney R rick R. Ingram City Attorney's Office CA15120 R-1 July 15, 2020 rc f }E7, [ ';64-1 ,.• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the Circuit Court to Order that a Referendum Election Be Held on November 3, 2020 on the Question of Whether the Members of City Council Who Represent Each of the City's Seven Residence Districts Should Be Elected on a District-Basis Rather than an At-Large Basis PUBLIC HEARING DATE: July 21, 2020 MEETING DATE FOR POTENTIAL VOTE: July 28, 2020 • Background: In 1966, the General Assembly amended the City Charter to provide that the City Council "shall consist of eleven members, one to be elected by the city at large from among the residents of the seven boroughs and four to be elected by and from the city at large." Subsequent charter revisions substituted the term "districts" for "boroughs" and provided that the mayor shall be directly elected by the voters, but no change has been made to the requirement that all councilmembers be elected on an at- large basis. • Considerations: District-based voting systems could enhance councilmembers' accountability to district residents, would better ensure that district members represent the interest of their district constituents, and could also reduce campaign costs which would lessen a barrier faced by potential candidates who otherwise would need to finance a City-wide campaign. A change to district-based voting could result in a more diverse City Council that better reflects the changing demographics of the City. The City Charter authorizes the City Council to request an advisory referendum initiated by a resolution to the circuit court. Historical data show that the highest level of voter turnout occurs during presidential elections, when both houses of Congress are also on the ballot. Higher turnout would provide City Council with a more reliable indicator of the will of Virginia Beach citizens than if the referendum were held in a year without such an election. Accordingly, the resolution requests that an advisory referendum election be held on November 3, 2020. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution and Ordinance ("Exhibit A"). Requested by Councilmember Abbott REQUESTED BY COUNCILMEMBER ABBOTT 1 A RESOLUTION REQUESTING THE CIRCUIT COURT TO 2 ORDER THAT A REFERENDUM ELECTION BE HELD ON 3 NOVEMBER 3, 2020 ON THE QUESTION OF WHETHER 4 THE MEMBERS OF CITY COUNCIL WHO REPRESENT 5 EACH OF THE CITY'S SEVEN RESIDENCE DISTRICTS 6 SHOULD BE ELECTED ON A DISTRICT-BASIS RATHER 7 THAN AN AT-LARGE BASIS 8 9 WHEREAS, in 1966, the General Assembly adopted an Act of Assembly that 10 amended the City Charter to provide that the City Council "shall consist of eleven 11 members, one to be elected by the city at large from among the residents of the seven 12 boroughs and four to be elected by and from the city at large;" and 13 14 WHEREAS, subsequent charter revisions substituted the term "districts" for 15 "boroughs" and provided that the mayor shall be directly elected by the voters, but no 16 change has been made to the requirement that all councilmembers be elected on an at- 17 large basis; and 18 19 WHEREAS, in 1994, a referendum election was held in which a majority of voters 20 supported a charter change to require that the seven districts be of roughly equal 21 population and that district members be elected on a district basis rather than by all of the 22 City's voters; and 23 24 WHEREAS, in 1995, the General Assembly amended the City Charter to provide 25 for roughly equal residence districts, but instead of providing for district voting, the charter 26 amendment required a new referendum election on the sole question of whether district 27 members should be elected only by district residents; and 28 29 WHEREAS, in 1996, the new referendum election was held, and a majority of 30 persons voting opposed the proposed change to have district members elected only by 31 district residents; and 32 33 WHEREAS, district-based voting systems could enhance councilmembers' 34 accountability to district residents, would better ensure that district members represent 35 the interest of their district constituents, and could also reduce campaign costs which 36 would lessen a barrier faced by potential candidates who otherwise would need to finance 37 a City-wide campaign; and 38 39 WHEREAS, a change to district-based voting could result in a more diverse City 40 Council that better reflects the changing demographics of the City; and 41 42 WHEREAS, City Charter § 3.05(f) authorizes City Council "[tjo provide for the 43 submission of any proposed ordinance to the qualified voters of the city at an advisory 44 referendum to be initiated by a resolution to the circuit court of the city and held . . . in the 45 manner provided for by law for general elections"; and 46 47 WHEREAS, City Council is of the opinion that a referendum election should be 48 held on this issue during the November 3, 2020 general election because historical data 49 show that the highest level of voter turnout occurs during presidential elections, where 50 both houses of Congress are also on the ballot, and the anticipated higher turnout for 51 such an election would provide City Council with a more reliable indicator of the will of 52 Virginia Beach citizens than if the referendum were held in a year without such an 53 election. 54 55 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 56 OF VIRGINIA BEACH, VIRGINIA: 57 58 1. That, pursuant to § 3.05(f) of the Charter of the City of Virginia Beach, the 59 Circuit Court of the City of Virginia Beach is hereby requested to order an election to be 60 conducted in accordance with Code of Virginia §§ 24.2-682 and 24.2-684 and held on 61 November 3, 2020 to take the sense of the qualified voters of the City on the question of 62 whether the City Council should adopt an ordinance requesting a change to the City 63 Charter that would provide for the election of councilmembers who represent each of the 64 City's seven residence districts only by voters who reside in the respective residence 65 districts, as opposed to the current system of at-large voting. 66 67 2. That the question to appear on the ballot shall read as follows: 68 69 Should the City Council adopt an ordinance requesting a change to 70 the City Charter that would provide for the election of councilmembers 71 who represent each of the City's seven residence districts only by 72 voters who reside in the respective residence districts, as opposed to 73 the current system of at-large voting? 74 75 Yes No 76 77 3. That, if a majority of voters voting at the election approve the question set 78 forth above, any ordinance that may be adopted by the City Council shall be substantially 79 similar to the proposed ordinance attached hereto as "Exhibit A;" 80 81 4. That a copy of the proposed ordinance shall be made available for 82 inspection at the City Clerk's Office, on the City's website, and all public libraries and 83 recreation centers within ten days of the passage of this resolution. Furthermore, the City 84 Clerk shall fax or email a copy of the proposed ordinance to any citizen upon request; 85 and 2 86 87 5. That the City Attorney is hereby directed to file a certified copy of this 88 resolution, along with an appropriate petition and order, with the Circuit Court of the City 89 of Virginia Beach for such an election to be held on November 3, 2020. 90 91 Adopted by the City Council of the City of Virginia Beach, Virginia, this day 92 of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: y City Attorney's Office CA14602 R-2 October 30, 2019 3 EXHIBIT A 1 AN ORDINANCE REQUESTING A CHANGE TO THE CITY 2 CHARTER THAT WOULD PROVIDE FOR THE ELECTION 3 OF COUNCILMEMBERS WHO REPRESENT EACH OF THE 4 CITY'S SEVEN RESIDENCE DISTRICTS ONLY BY 5 VOTERS WHO RESIDE IN THE RESPECTIVE RESIDENCE 6 DISTRICTS, AS OPPOSED TO THE CURRENT SYSTEM 7 OF AT-LARGE VOTING 8 9 WHEREAS, a majority of the qualified voters of the City of Virginia Beach who 10 voted at an advisory referendum held on November 3, 2020, expressed support for City 11 Council's adoption of an ordinance requesting a change to the City Charter that would 12 provide for the election of councilmembers who represent each of the City's seven 13 residence districts only by voters who reside in the respective residence districts. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 That City Council hereby requests that the General Assembly amend the City's 19 Charter to provide for the election of councilmembers who represent each of the City's 20 seven residence districts only by the voters who reside in the respective residence 21 districts. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 24 , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14603 R-1 January 4, 2019 7(7 MAYOR'S COMMITTEE FOR REAPPORTIONMENT Final Report — September 24, 1990 Committee Members Donald H. Clark, Esq. Chairman Albert W. Balko Thomas A. Barton, Jr. Cyndy Bourquard E. Richard Cockrell, Jr. John D. Moss Timothy O'Rourke, Ph.D. Ronald E. Proctor, Ed.D. Crisanto D. Romero William A Schlimgen Herbert B. Taylor Robert R. Matthias, Staff TABLE OF CONTENTS Overview of the Committee' s Work and Principal Recommendations 1 The Present Election System 1 The Committee' s Charge 1 Principal Recommendations of the Committee 3 Recommendation 1 : Adoption of Mixed Electoral District/At-Large System of Election 4 Origins of the Current System 4 Problems with the Current System 6 Advantages of the Mixed Electoral District/ At-Large System 8 Recommendation 2: No Change in the Current Size of Council 10 Plan of Implementation 11 Converting to the New Election System 11 Steps in the Implementation of the New Plan of Election 12 Charter Amendment 12 Establishment of District Boundaries 13 Submission to Justice Department 14 Conclusion 15 - i - OVERVIEW OF THE COMMITTEE'S WORK AND PRINCIPAL RECOMMENDATIONS The Present Election System The City of virgins Beach, created by the merger of the old City of Virginia Beach and Princess Anne County in 1963 , operates under the council-manager form of government. The eleven-member council is elected under a system that has been in place, essen- tially unchanged, for the past twenty-five years. Seven members from seven residency boroughs are elected at-large, three members are elected at-large without regard to their residency, and the mayor is directly elected; council members serve staggered , four-year terms. Before 1988 , there were four pure at-large seats and seven residency borough seats and the council elected the mayor from among its members; beginning in 1988 , one of the four at-large seats was designated for the mayor. The Committee' s Charge In May 1990, Mayor Meyera Oberndorf appointed an eleven-mem- ber citizens ' committee to review the present system of electing the Virginia Beach City Council. Looking ahead to the results of the 1990 census, Mayor Oberndorf asked the committee to determine whether the organization and method of electing council should be changed; what changes should be made; and how such changes should be implemented . Beginning in late June and continuing through September, the committee met on weekly basis to evaluate the present election system and to consider potential reforms . All meetings were open to the public. Early in its deliberations , the committee nar- rowed its attention to two basic questions: ( 1 ) Does the present system of electing council provide effective representation? For examp`Ie: (a) Should all council mem- bers be elected at-large without regard to borough residency? (b) Should some or all council members be elected only by residents of the respective boroughs they represent? (c) Should the present system be retained but with the boroughs being redistricted to have equal population? (d) Should the present system be retained without change? (2) What should be the size of council? On July 18th and 25th, the committee held public hearings on these issues. Every member of council and each member of the General Assembly representing Virginia Beach received a personal written invitation to appear and comment at the public hearings or send written comments to the committee. Numerous business, civic, community and political organizations received similar invitations . Throughout August and early September, the commit- tee continued to receive citizens' written comments . Transcripts of the public hearings and copies of written comments are avail- able in the Office of Intergovernmental Relations. The committee did not attempt to arrive at a list of formal criteria to guide its review of the present election system and its consideration of possible reforms. However, various members of the committee often pointed to the same standards in evalu- ating the current system and potential alternatives . Although individual committee members did not necessarily attach the same weight to :he various standards , the members shared a consensus on the qualities of a good election system. A good system should satisfy the principle of "one person, one vote. " It should not discriminate against or dilute the voting strength of racial, ethnic, and political minorities. It should not favor candidates who wage high-cost, media-oriented campaigns. It should be clearly structured so that citizens readily understand how it operates and the results it produces. It should facilitate com- munication between constituents and their representatives. Finally, a good system should promote effective decision-making by council members. The council should be large enough to represent the diversity of the City, but small enough to conduct its business effi- ciently. The council should reflect both the perspective of neighborhood interests and broader, city-wide interests. Principal Recommendations of the Committee On the question whether the present system produces effective representation, the committee believes that the current method--particularly the use of severely malapportioned residency boroughs--does not ensure full and fair representation for all citizens of virginia Beach. Therefore, the committee recommends that the present system be replaced by a mixed ward or election district/at-large system in which seven council members would be elected by the voters of seven equally populated election dis- tricts , each member being required to reside in the chosen election district; three council members would be elected at- - 3 - large without regard to their residency; and the mayor would continue to be elected directly. With regard to the question what should be the size of coun- cil, the committee recommends that the present size of council, eleven members, should be maintained . RECOMMENDATION 1 ADOPTION OF MIXED ELECTORAL DISTRICT/AT-LARGE SYSTEM OF ELECTION Origins of the Current System The basic system now in place reflects the accommodation between rural and urban elements that was a key to the 1963 con- solidation of the old City of virginia Beach and Princess Anne County into the new and greatly enlarged City of Virginia Beach. The present boroughs correspond to the boundaries of the original city and the six county magisterial districts in existence at the time of the merger. 1 At the time of the merger, the population of the new City of Virginia Beach was approximately 85,000 and the boroughs varied in population from 733 people in Blackwater to 29 , 048 in Bayside. (See Table 1 . ) i The election plan dates to 1966 . For background , see Commizs_or_ on Local Government , Report to City Council, October 7 , i9?: , co. 5-7 . - 4 - Table 1 Total Population in 1960 and 1990 and Registered Voters in 1990 in the Seven Boroughs of the City of Virginia Beach Borough 1960 1990 Population Estimated Registered Population voters Bayside 29 ,048 67,774 24 ,628 Virginia Beach 8 ,091 10,894 4 ,139 Blackwater 733 1 ,035 546 Kempsville 13 ,900 145,161 45 ,062 Lynnhaven 23 , 731 99,933 38,689 Princess Anne 7 ,211 55,586 21 ,989 Pungo 2,504 3 , 224 1, 662 Source: Office of Intergovernmental Relations, City of Virginia Beach In 1967, the United States Supreme Court rejected the conten- tion that the plan violated the principle of "one person, one vote" because of substantial differences in the populations of the seven boroughs. In the Court' s view, boroughs affected only the residency of council members, who were elected city-wide and , therefore, represented the same number of voters . 2 In addition, the Court noted : The plan does not preserve any controlling influence of the smaller boroughs, but does indicate a desire for intelligent expression of views on subjects relating to agriculture 2 Dusch v . Davis, 397 U.S . 112 ( 1967 ) . - 5 - which remains a great economic factor in the welfare of the entire population. 3 Problems with the Current System A quarter century after the Court' s 1967 ruling, agriculture continues to make a significant contribution to both the economy and quality of life in Virginia Beach. Indeed , the committee believes that all members of council should be sensitive to the special role of agriculture in the history and future of the City. The committee has concluded, however, that the election format, designed in 1965 to represent both rural and urban inter- ests, no longer reflects or serves the needs of this City whose population is five times larger and far more diverse that it was twenty-five years ago. In short, the existing system for electing council--based on borough lines that have not been modi- fied in decades--no longer provides fair representation for the citizens of virginia Beach. Since the 1963 merger, the City ' s population has grown from 85 ,000 to nearly 400 ,000 . While the populations of rural Blackwater and Pungo and the resort area (essentially the old City of Virginia Beach) have grown very little since the 1960 ' s, the population of Kempsville has increased tenfold; Princess Anne ' s population has grown eightfold; Lynnhaven' s has quadru- pled; Bayside ' s has doubled . Kempsville, with a population of 145 , 161 , has 144 , 000 more people and is 140 times larger than 3 Ibid, pp. 116-17 . - 6 - 1 Blackwater. Lynnhaven, with 99 , 933 people, has roughly 44 , 000 more people than Princess Anne and 32, 000 more than Bayside. By contrast, the difference in population between the largest and smallest boroughs at the time of merger was only 28 ,000 . (See Table 1. ) Differences among the boroughs in the number of registered voters are less stark, but more revealing. Kempsville--the largest borough--has 45,062 voters, while Blackwater has only 546 . Put differently, the pool for council candidates for the Kempsville seat is 83 times larger than the pool for the Blackwater seat. The present system falls well short of the ideal of "one per- son, one vote"--a weakness that undermines not only the fairness of elections but also the relationship between council members and their constituents. To the extent that each of the present council members who holds one of the seven borough seats is viewed as a representative of that particular borough, the system overrepresents the less populous boroughs of the City at the expense of the more populous boroughs . Moreover, since com- plaints from constituents generally are routed through borough council representatives, the present system imposes extraordinary demands for constituency service on the council members from the more populous boroughs . The "numbers problem" in the current system could , of course, be addressed by redrawing borough boundaries so that each holds - 7 - approximately the same number of people. 4 Even with equally populated residency districts, other problems would remain. Many citizens find the current system quite confusing. For example, some voters do not understand that they can vote for all borough seats up for election, not merely the seat designated for their own particular borough. The possibility that a candidate for a borough seat can "win" that borough and yet lose city-wide is another defect of the present election format. Moreover, borough council members are expected to represent their boroughs, but are forced to bear the costs (and uncertainties ) of a city-wide cam- paign. Advantages of the Mixed Electoral District/At-Large System Under the new system recommended by the committee, council members elected by district would be more directly accountable to the constituents of their respective districts than are the bor- ough council members under the present system. The costs of campaigning for district seats would be lower than the costs of a city-wide campaign. Door-to-door campaigning and effective can- didate debates would be facilitated , giving people a better opportunity to know their representatives . 4 The 1985 Commission on Local Government made this recommen- dation, although it proposed increasing the number of residency districts from seven to eight and eliminating the pure at-large seats (other than the mayor ) on council . See Report to City Council , pp. 4-9 . - 8 - Although district elections might tend to produce a more parochial brand of representation than exists under the present system, this tendency would be mitigated by two factors. First, fairly drawn districts under the new system would have an average population in excess of 55 ,000 people; thus, each district would be sufficiently large and diverse to discourage council members from representing narrow localized interests. Second , four mem- bers of council ( including the mayor ) would continue to be elected at-large and, as such, would be attuned to city-wide con- cerns and provide a counterweight to the perspectives of district-based council members. Moreover, continuation of the at-large seats would preserve some measure of influence for vari- ous minority groups--both racial or ethnic and political--who are not numerous enough to constitute a majority in a particular election district, but who could function as a swing vote in city-wide elections. The confusion among voters generated by the current system would be reduced or eliminated since the district council members would now only represent, and be elected from, their districts . - 9 - Table 2 Total Population, Land Area, Population Density, and Council Size in Virginia's Largest Cities City (Council Size)* Estimated Area Density Population ( in Square (Pop. per in 1987 Miles) Sq. Mile) Alexandria ( 7 ) 107 , 900 15 7 ,193 Chesapeake (9 ) 141 ,500 340 416 Hampton (7 ) 128,000 51 2,510 Newport News (7 ) 162,800 65 2,505 Norfolk ( 7 ) 280,800 53 5,298 Portsmouth (7 ) 110,100 30 3,670 Richmond (9 ) 216 ,000 60 3,610 Roanoke ( 7 ) 100, 100 43 2, 328 Virginia Beach ( 11 ) 350,100 256 1 , 368 * Number in parentheses includes the mayor, whether or not directly elected. Source: Center for Public Service, University of Virginia, Virginia Statistical Abstract, 1989 Edition, pp. 609-10, 664-65. PLAN OF IMPLEMENTATION Converting to the New Election System The committee believes that the conversion from the present election system to the new election system should take place as soon as practicable. Specifically, the committee proposes that the transition to the new mixed election district/at-large elec- tion system begin in 1992 and that the new election districts be implemented in the 1994 councilmanic elections . To accomplish - 11 - this and to maintain the system of staggered terms, the committee proposes the following conversion plan: * All current council members would serve out the terms for which they were elected . * In 1992, council members from Blackwater, Princess Anne, and Virginia Beach residency boroughs would be elected for two-year terms under the old election system; an at- large council member and the mayor would be elected to four-year terms. * In 1994 , the new election districts would be established and seven district council members would be elected to four-year terms. In addition, two council members would be elected at-large to two-year terms. * In 1996, the mayor and three at-large council members would be elected to four-year terms. Thus, under the committee' s proposal, when the new plan is fully implemented, the mayor and three at-large council members would be elected in one election and the seven borough council members would be elected at the next election. In addition to the schedule of elections, another element in the conversion process is the establishment of boundary lines for the councilmanic districts under the new plan. Because the 1990 census data will not be available in sufficient detail (at the precinct level) until April 1991 , the committee did not attempt to redistrict the City. In the committee' s view, this task should be assigned to a special redistricting panel to be appoin- ted by council with staff support from the City Manager' s Office. Steps in the Implementation of the New Plan of Election 1 . Charter Amendment. Council should instruct the City Attorney' s Office to draft a charter amendment incorporating the - 12 - recommendations of this report. Council should seek approval of the General Assembly for the charter amendment at the 1991 legis- lative session. The charter amendment should include the following elements: (a) a description of the new district/at- large system; (b) an election schedule to accomplish the conver- sion from the present election system to the new one; (c) a provision outlining the procedures for drawing councilmanic dis- trict boundary lines in 1991 and every ten years thereafter; and (d ) a proviso, either in the amendment itself or in the enabling legislation, that the amendment will become effective only if it is precleared by the United States Attorney General under § 5 of the federal voting Rights Act. (See Step 3 below. ) 2. Establishment of District Boundaries. As noted above, this committee proposes that council appoint a redistricting panel to establish the boundaries for the new districts . The redistricting panel should be in place and ready to carry out its work as soon as the final 1990 census data are available. In establishing district boundaries, the panel should adhere to the relevant standards of federal and state law, most notably the following: a. Equal population. Consistent with the Supreme Court's "one person, one vote" rulings and virginia law, the populations of the seven new districts, from which district council members would be elected, should be of substantially equal population. The most com- mon measurement of population equality is the sum of ( i) the percentage deviation of the largest district from the average district population and ( ii ) the smallest district from the average district ideal . The legal rule of thumb for local redistricting is that the sum - 13 - or total variation should not exceed 10% vari- ation. For instance, if the 1990 census shows the City's population to be exactly 400,000 people, the average district (400,000 divided by 7 ) should__contain 57,143 people. The largest district should not contain more than 60,000 people (5% above the average) and the smallest district should not have fewer than 54,285 people (5% below the average) . See, e.g. , Connor v. Finch, 431 U.S. 407, 418 ( 1977) ; Cosner v. Dalton, 522 F.Supp. 350, at 357-58, n. 11. See also Constitution of Virginia, Art. VII , § 5; Code of Virginia, § 15. 1-37.4. b. No discrimination against racial or language minorities. A redistricting plan can- not discriminate against racial or language minorities. (See Step 3 below. ) c. Contiguous and compact territory. The Virginia Constitution and statutes require that, when council members are elected by ward or election district, "the district shall be composed of contiguous and compact territory. " Constitution of Virginia, Art. VII, § 5; Code of Virginia, § 15.1-37.4 . 3 . Submission to Justice Department. As a jurisdiction subject to special coverage provisions of the federal Voting Rights Act, the City must submit any change in election procedure to the Justice Department for preclearance under § 5 of that Act. A change in election procedure cannot be enforced until the Justice Department has made a determination that the change does not have the "purpose" or "effect" of denying or abridging the right of minority citizens to vote. The standards governing this determination are set out in 28 Code of Federal Regulations Part 51 ( 1989 ) . The committee recommends that the City make a single, comprehensive submission to the Justice Department to include the charter amendment (as approved by the General Assembly) , the new - 14 - borougn boundary lines, and the requisite supporting documenta- tion. The Justice Department must render a decision within sixty days after receiving a_complete submission (the sixty-day period does not begin until the Justice Department has all necessary information) . Conclusion By a vote of ten to one the Committee approved this report, and urges Council and the General Assembly to implement the recommended changes in the system. Respectfully submitted, MAYOR'S COMMITTEE FOR le P A:. ld H. C ark, Esq. Chairman Albert W. Balko Thomas A. Barton, Jr. Cyndy Bourquard E. Richard Cockrell, Jr. John D. Moss Timothy O'Rourke, Ph. D. Ronald E. Proctor, Ed .D. Crisanto D. Romero William A. Schlimgen Herbert B. Taylor Robert R. Matthias, Staff - 15 - APPENDIX VIRGINIA BEACH CITY COUNCIL ELECTION SYSTEM IN COMPARATIVE PERSPECTIVE All of Virginia' s forty-one independent cities, including Virginia Beach, operate under the council-manager form of govern- ment. These cities share a decided preference for at-large election of councils, although there is a trend , brought about primarily by litigation under the federal Voting Rights Act, toward greater use of ward or mixed electoral systems. ? At present, twenty-eight cities elect their councils on a pure at-large basis. Another four cities , including Virginia Beach, elect their councils at-large, but attach a residency requirement to some or all seats on council . Poquoson (three two-member residency districts ) ; Suffolk ( five single-member residency districts, one two-member residency district) ; Virginia Beach (seven single-member residency districts , three pure at- large seats, and a directly elected mayor) ; and Waynesboro ( four single-member residency districts , one pure at-large seat ) . A ward-only system is in place in six cities : 8 Covington ( five single-member districts) ; Emporia ( three single-member wards, one two-member ward, one three-member ward, and the mayor elected directly) ; Franklin (six single-member wards, and a 7 .See Thomas R . Morris , "Virginia and the voting Rights Act , 66 University of Virginia New Letter, 3-5 (June 1990 ) . 9 A city in which the mayor is elected directly but all other council seats are elected b: Jistricts is classified as ward- only . - 16 - directly elected mayor) ; Petersburg (seven single-member wards ) ; Richmond (nine single-member wards) ; and Winchester (two wards , each electing six council members, and a directly elected mayor ) . Three cities use a mixed ward/at-large plan: Fredericksburg ( four single-member wards, two at-large seats, and a directly elected mayor) ; Hopewell (five single-member wards and two at-large seats) ; and Lynchburg ( four single-member wards, and three at-large seats) . National data on council-manager cities indicate that more than two-thirds (68 .1%) elect their councils on an at-large basis. The remainder elect councils under a ward system (21 . 3%) or a mixed (ward/at-large) plan (29.7%) .9 Several other features of council elections should be noted. More than one-third of Virginia' s cities, including Virginia Beach, now elect mayors directly. The size of councils, including mayors, ranges from five to thirteen. As Table 2 shows, Virginia cities with a 1987 population of more than 100,000 have councils ranging in size from seven to eleven. While Virginia Beach has the largest council among this group, it is also the largest city in terms of population, the second largest city in land area, and the second least densely popu- lated . 9 This survey apparently classifies cities with a residency requirement for at-large seats as having a mixed system, even though they would be more accurately labeled at-large. See Tari Renner, "Municipal Election Processes: The Impact on Minority, The Municipal Year Book 1988 , pp. 14-15 . - 17 - Nationally, the average council had , according to a 1981 survey, 6 .48 members; for cities with a population of 250 ,000 to 499 ,999 , the council averaged 10.19 members; for cities in the range of 500,000 to 1 , 000,000, the average was 13 . 25 ; and for cities over 1 ,000, 000, the average was 22. 0 . 10 10 See Heywood T. Sanders, "The Government of American Cities: Continuity and Changes in Structure, " The Municipal Year Book 1982, p. 182 . - 18 - 1 �j1 U y l 't i _L , Si ./.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Non-exclusive Franchise to Occupy the City's Public Streets and Rights-of-Way to Support the Company's Offshore Wind Energy Project(s) to Kitty Hawk Wind, LLC MEETING DATE: July 28, 2020 • Background: On August 7, 2018, City Council approved a Resolution supporting the creation of an offshore wind energy industry off the coast of Virginia, and further requested that all state agencies take steps to accelerate the process. On August 6, 2019, City Council approved a Resolution re-affirming its support of offshore wind energy. Avangrid Renewable, LLC and its affiliate, Kitty Hawk Wind, LLC, both Oregon limited liability companies (collectively, "Avangrid"), are developing an offshore wind energy project off the coast of Virginia and North Carolina (the "Project"). In order to meet certain Federal regulations, Avangrid was required to secure the option to purchase land to develop substations for the Project. On December 17, 2019, the City of Virginia Beach Development Authority approved an option for Avangrid to purchase approximately 30 acres of land in the Corporate Landing Business Park. On February 18, 2020, the City Council (by Ordinance ORD-3613B) approved an option for Avangrid to purchase approximately 20 acres of land in the Princess Anne Commons area of the City. To facilitate and support connectivity of the Project to the future substations, Avangrid has requested a franchise to use the City's public streets and rights-of- way for the purposes of constructing, installing, operating and maintaining its underground and overhead transmission lines, fiber, collection and communication lines, facilities and associated equipment. Virginia Code §67-1100, et seq., sets forth the statutory authority for renewable energy to co-locate its facilities in the City's public streets and rights-of-way. • Considerations: The Ordinance grants Avangrid a non-exclusive 20-year franchise, with two additional 10-year options to renew as agreed to by the City, not to exceed 40 years. Such franchise and renewals shall comply with the terms and conditions set forth in the Summary of Terms attached to the Ordinance. • Public Information: An advertisement inviting additional bids was published in The Virginian-Pilot on May 17 and 24, 2020, in accordance with Virginia Code §15.2-2101. No other bids were received. Staff briefed City Council on June 9, 2020 and the Transition Area ITA Citizens Advisory Committee on June 18, 2020. The public hearing was advertised in The Virginian Pilot on July 12, 2020, as required by Virginia Code §15.2-1813. The public hearing was held on July 21, 2020. Public notice will also be provided via the normal City Council agenda process. • Attachments: Ordinance, Summary of Terms, Disclosure Statement Form Recommended Action: Submitting Department: Economic Development City Manager: els) 1 AN ORDINANCE GRANTING A NON-EXCLUSIVE 2 FRANCHISE TO OCCUPY THE CITY'S PUBLIC 3 STREETS AND RIGHTS-OF-WAY TO SUPPORT 4 THE COMPANY'S OFFSHORE WIND ENERGY 5 PROJECT(S) TO KITTY HAWK WIND, LLC 6 7 WHEREAS, Kitty Hawk Wind, LLC, a Delaware limited liability company 8 ("Avangrid"), desires to use and occupy the City's public streets and rights-of-way for 9 the purposes of constructing, installing, operating and maintaining the company's 10 underground and overhead transmission lines, fiber, collection and communication 11 lines, facilities and associated equipment to support Avangrid's offshore wind energy 12 project(s) off the coast of Virginia within and through the City; and 13 14 WHEREAS, the City of Virginia Beach (the "City") is agreeable to allowing 15 Avangrid to use the City's public streets and rights-of-way for the aforesaid purposes, 16 subject to the terms and conditions set forth in the summary of terms, attached hereto 17 as Exhibit A and made a part hereof (the "Summary of Terms"). 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That the City Manager is hereby authorized to execute a non-exclusive franchise 23 agreement with Avangrid, in accordance with the Summary of Terms, attached hereto 24 as Exhibit A and made a part hereof, and such other terms, conditions or modifications, 25 as may be acceptable to the City Manager and in a form deemed satisfactory by the 26 City Attorney. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 29 of , 2020. APPROV D AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Economic Development City Attorney CA14677 \\vbgov.com\dfsl\applications\citylaw\cycom 32\wpdocs1d015\p035100632706.docx July 8, 2020 R-1 1 AN ORDINANCE GRANTING A NON-EXCLUSIVE 2 FRANCHISE TO OCCUPY THE CITY'S PUBLIC 3 STREETS AND RIGHTS-OF-WAY TO SUPPORT 4 THE COMPANY'S OFFSHORE WIND ENERGY 5 PROJECT(S) TO KITTY HAWK WIND, LLC 6 7 WHEREAS, Kitty Hawk Wind, LLC, a Delaware limited liability company 8 ("Avangrid"), desires to use and occupy the City's public streets and rights-of-way for 9 the purposes of constructing, installing, operating and maintaining the company's 10 underground and overhead transmission lines, fiber, collection and communication 11 lines, facilities and associated equipment to support Avangrid's offshore wind energy 12 project(s) off the coast of Virginia within and through the City; and 13 14 WHEREAS, the City of Virginia Beach (the "City") is agreeable to allowing 15 Avangrid to use the City's public streets and rights-of-way for the aforesaid purposes, 16 subject to the terms and conditions set forth in the summary of terms, attached hereto 17 as Exhibit A and made a part hereof(the "Summary of Terms"). 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That the City Manager is hereby authorized to execute a non-exclusive franchise 23 agreement with Avangrid, in accordance with the Summary of Terms, attached hereto 24 as Exhibit A and made a part hereof, and such other terms, conditions or modifications, 25 as may be acceptable to the City Manager and in a form deemed satisfactory by the 26 City Attorney. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 29 of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0111L&_ ti) Economic Development City Attorney CA14677 11vbgov.comdfsl\applications4citylawlcycom32\wpdocs\d0151p035100632706.docx July 8, 2020 R-1 EXHIBIT A KITTY HAWK WIND, LLC FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and Kitty Hawk Wind, LLC ("Avangrid") Term: Initial term of twenty (20) years, with two (2) additional renewal terms of ten (10) years each, maximum forty (40) years. Fee: $1,500 per mile or any portion thereof over which the facilities are installed in the City's rights-of-way; allowed under Va. Code §67-1103, as amended or pre-empted by federal law. Location: Company will purchase real property within the City for potential project(s). The location of facilities installed within the City's rights-of-way is anticipated to connect a location off the coast of Sandbridge Beach to the real property that Company eventually purchases. Relocation: Avangrid is solely responsible for paying the cost of removal or relocation of its facilities if a public project necessitates their removal or relocation. Special Consideration: City acknowledges that the facilities to be installed include high voltage electrical cabling and lines. The City agrees to take the unique nature of such facilities into consideration when coordinating relocation and removal of such facilities. Termination: Avangrid must remove its facilities upon termination of the franchise or City may allow facilities to remain in place and take ownership. Insurance: Commercial General Liability (min. $2 million); Automobile Liability (min. $1 million); Pollution Liability Insurance ($1 million). Alternatively, may have $5 million umbrella coverage. Surety: $25,000 letter of credit and $50,000 surety bond OR $75,000 surety bond AB Virginia Beach APPLICANT'S NAME Kitty Hawk Wind, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) _ Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, 4 • 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 meetin that i ertains to the a; : lication(s). 0 APPLICANT NOTIFIED OF HEARING DATE: , NO CHANGES AS OF DATE: 9/6/ _ 6,11(..7, Ha REVISIONS SUBMITTED DATE: NB Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 111 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Kitty Hawk Wind, LLC If an LLC, list all member's names: Avangrid Renewables, LLC 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) Avangrid, Inc.; Avangrid Renewables Holdings, Inc.; Avangrid Renewables, LLC; lberdrola, S.A. in addition to other affiliates that own single energy projects or operate in other countries and are not material to operations of Kitty Hawk, LLC. See next page for information pertaining to footnotes and 2 • 6 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 111 Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:City of Virginia Beach If an LLC, list the member's names: Page 2 of 7 [try of 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 p, parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ♦ • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) n X Accounting and/or preparer of I I your tax return n\f Architect / Landscape Architect / I/ Land Planner Contract Purchaser (if other than ❑X the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed n (U� purchaser of the subject property (identify purchaser(s) and purchaser's service providers) X Construction Contractors XI I Engineers / Surveyors/ Agents See attached list Financing (include current n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XLegal Services See attached list Real Estate Brokers / nn 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 (�I contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? To the best of Applicant's knowledge no city official has an interest in this action. Page 4 of 7 On! 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. Craig Poff, Director of DevelopmE 05/06/20 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) I n Accounting and/or preparer of I your tax return I ❑ Architect / Landscape Architect / Land Planner Contract Purchaser (if other than u 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) Lin Construction Contractors u n Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Real Estate Brokers / [ ] Agents/Realtors for current and I f anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n an interest in the subject land or any proposed development 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 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 Disclosure Addendum Legal Services Williams Mullen—Steve Romine Parker Poe—Jake Parrott Latham &Watkins—Tommy Boudreau Engineers/Surveyors/Agents— Mott Macdonald—Elena Tomadockis Kimley Horn—Randall Royal Tetra Tech—Nathalie Schils Timmons Group—Mike Powell Terrasond Ltd—Scott Croft SEARCH —Jeff Enright Geoterra—Brett Hazel Survey& Mapping, Inc.—Alan Siler APEM —Stuart Clough U CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into portions of the City's rights-of-way known as Cape Henry Drive and Shore Drive by Virginia Pilot Association Land Trust adjacent to 3325 and 3329 Shore Drive MEETING DATE: July 28, 2020 • Background: Virginia Pilot Association Land Trust ("VPALT"), the owner of property at 3329 Shore Drive, has requested permission to maintain an existing metal fence, sliding metal gate, brick columns with lights, gate motor, electric hand holes, and keypad on pole (collectively, the "Encroachments") adjacent to 3325 Shore Drive. The Encroachments extend into and across the City's rights-of-way known as Cape Henry Drive and Shore Drive. The owner of 3325 Shore Drive is the Association of Maryland Pilots Land Trust, and they have consented to the Encroachments. • Considerations: City Staff has reviewed the Encroachments and recommended approval of same, subject to certain conditions outlined in the Agreement. There is a 10' public pedestrian access between the Lesner Bridge and the Encroachments that shall remain open to the public. There are no similar encroachments in either Cape Henry Drive or Shore Drive, where Virginia Pilot Association Land Trust has requested to encroach. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the encroachment, or add conditions as desired by Council. • Recommendations: Approval. • Attachments: Ordinance, Agreement, Plat, Pictures, Location Map 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 4 TEMPORARY ENCROACHMENTS INTO 5 PORTIONS OF THE CITY'S 6 RIGHTS-OF-WAY KNOWN AS CAPE 7 HENRY DRIVE AND SHORE DRIVE BY 8 VIRGINIA PILOT ASSOCIATION LAND 9 TRUST ADJACENT TO 3325 and 3329 10 SHORE DRIVE 11 12 WHEREAS, the Virginia Pilot Association Land Trust("VPALT") is the owner 13 of property located at 3329 Shore Drive. VPALT desires to maintain an existing metal 14 fence, sliding metal gate, brick columns with lights, gate motor, electric hand holes, and 15 keypad on pole (collectively, the"Encroachments") adjacent to 3325 Shore Drive and within 16 the City's rights-of-way known as Cape Henry Drive and Shore Drive; 17 18 WHEREAS, there is a 10' public pedestrian access between the Lesner 19 Bridge and the Encroachments that shall remain open to the public and unaffected by the 20 Encroachments; 21 22 WHEREAS, the Association of Maryland Pilots Land Trust owns the property 23 located 3325 Shore Drive and consented to the Encroachments; and 24 25 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 26 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 27 the City's right-of-way subject to such terms and conditions as Council may prescribe. 28 29 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 33 2009 and 15.2-2107, Code of Virginia, 1950, as amended, VPALT, its assigns and 34 successors in title are authorized to maintain the Encroachments as shown on the exhibit 35 entitled: "EXHIBIT 'A' ENCROACHMENT EXHIBIT FOR PARCEL B-1 SUBDIVISION OF 36 PARCEL B SUBDIVISION OF PROPERTY OF ANNE M. BRAITHWAITE & HENRY S. 37 BRAITHWAITE, JR. (M.B. 186, PG. 2) FOR VIRGINIA PILOT ASSOCIATION," a copy of 38 which is attached hereto as Exhibit A, and on file in the Department of Public Works and to 39 which reference is made for a more particular description; 40 41 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 42 to those terms, conditions and criteria contained in the Agreement between the City of 43 Virginia Beach and VPALT (the "Agreement"), an unexecuted copy of which has been 44 presented to the Council in its agenda, and will be recorded among the records of the 45 Clerk's Office of the Circuit Court of the City of Virginia Beach; i 46 47 BE IT FURTHER ORDAINED, that the City Manager or his authorized 48 designee is hereby authorized to execute the Agreement; and 49 50 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 51 such time as VPALT and the City Manager or his authorized designee execute the 52 Agreement. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 55 day of , 2020. CA14861 R-1 PREPARED: 6/25/20 \\vbgov.com\dfs 1\applications\city)aw\cycom 32\wpdocs\d024\p032\00647167.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE . AR E ER E O CITY ATTORNEY 2 . LTII Op • Dr --.ilti —S ao 2 RIC . ARNER'- N S6 Lic. . 2904 06/17/2020 * /� o sUR WPL SIGNED BY SHORE DRIVE (VARIABLE WIDTH R/W) (I.N. 20061101001659730) L---.J----_t_-- '. — --- -- ——— % _t____ J o i o a L. YA,AfyA V E/V SA y El M El #3329 SHORE DRIVE #3325 SHORE DRIVE #3319 SHORE DRIVE N/F N/F N/F VIRGINIA PILOT ASSOCIATION OF MARYLAND HARBOR PRESERVE, LLC ASSOCIATION ETC PILOTS LAND TRUST GPIN: 1489-88-0675 GPIN: 1489-78-7712 GPIN: 1489-78-8688 (M.B.186, PG. 2) (M.B.186, PG. 2) (M.B. 186, PG. 2) (IN. 200403260048380) (D.B. 2332, PG. 995) (D.B. 2394, PG. 580) SCALE 1' = 100' SHEET 1 OF 12 SKIT 'A' ENCROACHMENT SIT FOR - - _ = PARCEL B—i T= /= — = SUBDIVISION OF PARCEL B SUBDIVISION OF PROPERTY OF ANNE M. BRAITR!AITB & HENRY S. BRAITHTAITE, .TR. (11.B. 188, PG. 2) for VIRGINIA PILOT ASSOCIATION Landscape Architecture Land Surveying date: 02/26/2020 l fb/pg.: N/A proj. no.: 219-0319 Civil Engineering wplsite.com 757.431.1041 Yi�t MISTNiG 1ML SIE 81fiOiA ff YA 13152 file: 219-0319_en—exhib.dwg 1 plat ref.: B-1337 CAD/chk: MRB/eag • ix x x x x x X X . L'� 0p� f 72" CHAIN l�j LINK FENCE f. '�1 '�, SHORE DRIVE ^ x RIC . ARNER a (VARI4BLE WIDTH R/W) Lic. . 2904 (1.N. 20061101001659730) `D k e 06/17/2020 ,:k. . — i`— —� if1� ` � DROP INLET } ASNGALT sug` " — PARKING AREA In r Q 0 � OF SWALE� k 60 METAL WPL SPIED BY / CONCRETE FENCE ❑ UGFO // GATE UGFO BRICK BRICK COLUMN #3325 SHORE DRIVE < ASPHALT FI HOLE x /w/uc HAND (�ASSOCIATION OF MAIMAND PARKING AREA 0 PILOTS LAND TRUST I I '/ GPIN: 1489-78-8688 a a ° a (M.B. 186, PG. 2) \ 1 a 77 (D.B. 2394, PG. 580) SS(DI) \ x VALLEY GUIIER 60' SUDING #3319 SHORE DRIVE 'I I x-METAL GATE N/F // EL CTRIC HAN� HOLE HARBOR PRESERVE, LLC vj WATER METER VAULT CURB INLET// // Q 1 BRICK COLUMN GPIN: 1489-88-0675 c6 (WM/75342755) x W/ UGHT (M.B.186, PG. 2) / /// �iv‘i e� ,/,/ (IN. 200403260048380) wv> KEYPAD ON CONCRETE WATER METER VAULT / WATER METER VAULT N (W495098034) x (WM95112842) GATE GE 0 O FIRE HYDRANT FIRE CONNECTION ON v CONCRETE PAD p� a CONCRETE WALKWAY c S 7$'10'00 E Z �E{ / KEYPAD ON POLE L 11,4,102.35' N °' v, G E Q xx c* n NATURAL uCEtv WATER METER VAULT UGFO FENCE _ \ n1 GAS METER (WM/95034681 DETECTOR GE ElCHECK) I 60' METAL iii FENCE SCALE 1' = 10' SHEET 2 OF 12 EDIT 'A' ENCROACHMENT EXHIBIT FOR PARCEL B-1 - V = % _ SUBDIVISION OF PARCEL B SUBDIVISION OF PROPERTY OF ANNE M. BRAITHWAITE & HENRY S. BRAITHWAITE, JR. (N.B. 188, PG. 2) for VIRGINIA PILOT ASSOCIATION Landscape Architecture Land Surveying date: 02/26/2020 , fb/pg.: N/A proj. no.: 219-0319 Civil Engineering Isite.com 757.431.1041 2�YUSilW6 RIL S1E 81f061iA ffAOi,YA Zi452 file: 219-0319_en—exhib.dwg l plat ref.: B-1337 CAD/chk: MRB/eag 72" CHAIN LINK FENCEZ LTH 0�� —X X X X X 72" CHAIN LINK FENCE X X X X C, T. r I SHORE DR/VE RIC ARNER A21 WIDTH93I N00610116570 Lic. . 2904 e 06/17/2020 ,� —� —.. '41SUBV o OF SWALE — — WPL SIGNED BY COX HAND HOLE /vGO� // /UGFO if SAN MH 8" SS(DI)— El a sse #3325 SHORE DRIVE ASSOCIATIONN/F OF MARYLAND // OVERHEAD ELECTRIC LINE PILOTS LAND TRUST GPIN: 1489-78-8688 (M.B. 186, PG. 2) ,/, iG LG /G ii (D.B. 2394, PG. 580) O SCO(ABANDONED) Wi ili MAILBOX® 93 2-3- Co Z UGE��_ (1111 e �S 79'10'00' E UGEUGE °S , V) // // UGE—LC CONCRETE SCALE 1. = 10' SHEET 3 OF 12 EXHIBIT 'A' ENCROACHMENTA SIT FOR = _ = PARCEL B-1 ___ 7 - =-- --- E- .3_ T= = SUBDIVISION OF PARCEL B SUBDIVISION OF PROPERTY OF ANNE 11. BRAITHWAITE & HENRY S. BRAITHTAITE, JR. (11.B. lea, PG. 2) for VIRGINIA PILOT ASSOCIATION Landscape Architecture Land Surveying date: 02/26/2020 , fb/pg.: N/A proj. no.: 219-0319 Civil Engineering isite.com 757.431.1041 2 MISWIG WAL SIE 8 miiA ff11Cii,VA Zi452 file: 219-0319_en—exhib.dwg t plat ref.: B-1337 CAD/chk: MRB/eag 1,111 oPPr —X x x x x 72" CHAIN LINK FENCE X X X X SHORE OR/VE RIC ARNER,--, .N. 2006110100165LE WIDTH 9730 Lic. . 2904 (' 06/17/1010 �. i41111. '41S URV Y O _ — c. OF SWALE _ — WPL SIGNED BY CAN PED El #3329 SHORE DRIVE %' %' %' y/ '' N/F VIRGINIA PILOT UGFO ASSOCIATION ETC )GVO GPIN: 1489-78-7712 (M.B.186, PG. 2) UGFO (D.B. 2332, PG. 995) III #3325 SHORE DRIVE N/F // OVERHEAD ELECTRIC LINE ASSOCIATION OF MARYLAND // PILOTS LAND TRUST GPIN: 1489-78-8688 (M.B. 186, PG. 2) Sse (D.B. 2394, PG. 580) -i fn —77 8� SS(DI) SAN MH 'PIN /// i/ f/ UGE S O) COZ I // S 79'10'00JE `_ AGE— 3 ,7.D0'� UVt UCE // ti Dl I 0 i SCALE 1* = 10' SHEET 4 OF 12 EXHIBIT 'A' ENCROACHMENT EXHIBIT FOR _ PARCEL B-i SUBDIVISION OF PARCEL B _am SUBDIVISION OF PROPERTY OF ANNE Y. BRAITHWAITE do HENRY S. BRAITHRAITE, JR. (11.B. 186, PG. 2) for I&Ar VIRGINIA PILOT ASSOCIATION Landscape Architecture Land Surveying date: 02/26/2020 t fb/pg.: N/A proj. no.: 219-0319 Civil Engineering Isite.com 757.431.1041 2�MbTAN6 lull SIE 81�0611A YA?3�52 file: 219-0319_en-exhib.dwg I plat ref.: B-1337 CAD/chk: MRB/eag 72" CHAIN LINK FENCE . jl Op x x x x x x x x x x x t. r SHORE DRIVE (VARIABLE WIDTH R/W) RIC . ARNER a (I.N. 20061101001659730) Lic. . 2904 e 06/17/2020 1 t 0 OF SWALE —b SUR`� '' WPL SIGNED BY 7' 7' 7' 7' 7' vGC°. 0 UGFO #3329 SHORE DRIVE OVERHEAD ELECTRIC LINE N/F GFO i7 / ii VIRGINIA PILOT UGFD/ ASSOCIATION ETC GPIN: 1489-78-7712 (M.B.186, PG. 2) (D.B. 2332, PG. 995) \--i fvi ‘ ,Z ,/ 8" ss(DI) - a, ?P o S 79'10'00" E 325.00' CO Z � r! 0 UGE UGE GE H/UGE UGE -a C ti ni // / / 10' DRAINAGE EASEMENT / / (M.B. 159, PG. 20) / / (D.B. 2213, PG. 1960) CI r SCALE 1" = 10. SHEET 5OF12 - EXHIBIT 'A' ENCROACHMNT EXHIBIT FOR PARCEL B-i T=_ = __ _ = SUBDIVISION OF PARCEL B SUBDIVISION OF PROPERTY OF A _m_ ANNE II. BRAITH RITE & HENRY S. BRAITHWAITE, JR. (11.B. 186, PG. 2) for VIRGINIA PILOT ASSOCIATION Landscape Architecture Land Surveying date: 02/26/2020 I fb/pg.: N/A proj. no.: 219-0319 CM Engineering isitacom 757.431.1041 w 2V MbTAi13 IRAL ST 818EQIA BF1VOl,VA 23452 file: 219-0319_en—exhib.dwg plat ref.: B-1337 CAD/chk: MRB/eag LTA OF WALL '� �j1 I�X�X X X X X2" CHAT XLINK FENCE ❑ ELECTRIC RIC ARNER HAND HOLE SHORE DRIVE Lie. 2904 (VARL4BLE WIDTH R/W) e 06/17/2020 * (I.N. 2006 1 1 0 1 00 1 659 730) O suit cn— OF SWALE WPL SIGNED BY Q c.p r //' /' /. CD / El #3329 SHORE DRIVE GAS N/F VIRGINIA PILOT — // // OVERHEAD ELECTRIC LINE // ASSOCIATION ETC // GPIN: 1489-78-7712 (M.8.186, PG. 2) (D.8. 2332, PG. 995) UGFO SAN frIH pp Z 8" SS(DI) o S 79'10'00" E UGFO ii — 325.00' ,L G> cl tiR1 UGE UGE UGE----___ UGE 1 SCALE 1' = 10' SHEET 8 OF 12 EXHIBIT 'A' ENCROACHMENT EDIT FOR _ PARCEL B-1 1 ` - SUBDIVISION OF PARCEL B SU- - BDIVISION OF PROPERTY OF ANNE M. BRAITETATIT & HENRY S. BRAITHWAITE, JR. (11.B. 188, PG. 2) for VIRGINIA PILOT ASSOCIATION ��ndscape Architecture Lond Surveying date: 02/26/2020 ' fb/pg.: N/A proj. no.: 219-0319 Civil Engineering 1 wwppleite.com 757.431.1041 242 WSW 1RAI.SIE 8 Mull Oa VA 23452 file: 219-0319_en—exhib.dwg t plat ref.: B-1337 CAD/chk: MRB/eag . LT$ pp�r WALL T. � GI • RIC . ARNER►-. "' %' %' '7/ Lic. . 2904 a ,l 06/17/2020 ,� 14 may° - SURNvI WPL SIGNED BY 1❑ #3329 SHORE DRIVE N/F VIRGINIA PILOT ASSOCIATION ETC / GAS GAS GAS GAS GPIN: 1489-78-7712 �� CPS �� OVERHEAD ELECTRIC LINE (M.B.186, PG. 2) ii 7 (D.B. 2332, PG. 995) C,PG' 7 i m GPI • v itl CI SPI tr) HAND HOLE // --�-- D ELECTRIC LINE n S 79UGOVERHEA'f0'00" E \GF° 325.00' �� UGE— UGE UGE OGVO III SCALE 1' = 10' SBBBT 7 OF 12 SIT 'A' ENCROACHMENT EXHIBIT FOR PARCEL B-i AA --1 t SUBDIVISION OF PARCEL B SUBDIVISION OF PROPERTY OF ANNE M. BRAITHWAITE & HENRY S. BRAITHWAITE, JR. (M.B. 186, PG. 2) for VIRGINIA PILOT ASSOCIATION Landscape Architecture Land Surveying date: 02/26/2020 t fb/pg.: N/A proj. no.: 219-0319 Civil Engineering Isite.com 757.431.1041 2Q INSO ;1tlil SIE 811i6NA BEACH,VA 23452 file: 219-0319_en—exhib.dwg I plat ref.: B-1337 CAD/chk: MRB/eag LTH Op, WALL t. Vi.,06 • RIC ARNER '/' ' \__ 7' 7' %' Lic. . 2904 CONCRETE CURB e 06/17/2020 ,4k. tfo SUBS WPL SIGNED BY a #3329 SHORE DRIVE // OVERHEAD ELECTRIC LINE N/F // // VIRGINIA PILOT ASSOCIATION ETC GPIN: 1489-78-7712 (M.B.186, PG. 2) (D.B. 2332, PG. 995) \--i tii S7 .93 o C.,P Z // OVERHEAD ELECTRIC LINE // 7: ti PI o S 79'10'00" E GP-S 325.00' V � j — UGE _____--- UGE UGE / UGE UG 0 SCALE 1' = 10' SHEET 8 OF 12 SIT 'A' ENCROACHMENT EXHIBIT FOR PARCEL B-1 . I A_„. SUBDIVISION OF PARCEL B SUBDIVISION OF PROPERTY OF ANNE Y. BRAITHWAITE & HENRY S. BRAITHWAITE, JR. ( LB. 186, PG. 2) for 0 VIRGINIA PILOT ASSOCIATION Landscape Architecture Land Surveying dote: 02/26/2020 ' fb/pg.: N/A proj. no.: 219-0319 Civil Engineering w Isite.c 757.431.1041 2 i� reic 1Rom AL SIE 8 INKA BEACH,vA 23452 file: 219-0319_en—exhib.dwg I plat ref.: B-1337 CAD/chk: MRB/eog L'fE OF I WALL Pit RIC ARNER r/ r, Lic. . 2904 06/17/2020 ,4k. CONCRETE CURB o SURyS4 �� 111.1111 NI SIGNED BY 0 #3329 SHORE DRIVE OVERHEAD ELECTRIC UNE NSF - ii // // // VIRGINIA PILOT ASSOCIATION ETC GPIN: 1489-78-7712 CONCR(M.B.186, PG. 2) SEAWALEL E (D.B. 2332, PG. 995) \\_ CONCRETE CURB // / OVERHEAD ELECTRIC UNE 5 // // CO 2 101 v' o S 79'10'00' E 325.00' UGE iVs9 00' 0 SCALE 1" = 101 sniff 9 OF 12 SIT 'A' ENCROACHMENT EXHIBIT FOR PARCEL B-i T=_ % SUBDIVISION OF PARCEL B SUBDIVISION OF PROPERTY OF ANNE Y. BRAITHWAITE do HENRY S. BRAITHWAITE. JR. (Y.B. 186, PG. 2) for _ VIRGINIA PILOT ASSOCIATION Landscape Architecture Land Surveying date: 02/26/2020 ' fb/pg.: N/A proj. no.: 219-0319 Civil Engineering Isite.com 757.431.1041 2 WJ 1PJ 61RK S1E 81i3i6NA ffA4t YA?3452 file: 219-0319_en—exhib.dwg [ plat ref.: B-1337 CAD/chk: MRB/eog v<41 RIC . ARNER- Lic. . 2904 e 06/17/2020 14bsuRy o Elf lm OVERHEAD ELECTRIC UNE // // // CONCRETE /-- SEAWALL ta ti -16 // // // OVERHEAD ELECTRIC LINE Oo 2 N 171 O -� EDGE OF WATER C 3 4y� 7-0 1:00 PM 06/16/20 \t, 1-11 N 8,4 SCALE 1' = 10) S1IT FA 2 ENCROACHMENT INHIBIT FOR A _ PARCEL B-i SUBDIVLSION OF PARCEL B SUBDIVISION OF PROPERTY OF ANNE Y. BRAITHWAITE & HENRY S. BRAITHWAITE, JR. N.B. 186. PG. 2) 1111111- for VIRGINIA PILOT ASSOCIATION Landscape Architecture Land Surveying date: 02/26/2020 l fb/pg.: N/A proj. no.: 219-0319 Civil Engineering IseN6co imt SIE 8 Ni6M7l►57.431Yi 10 1 file: 219-0319_en—exhib.dwg 1 plat ref.: B-1337 CAD/chk: MRB/eag . LTROFy r ,t. RIC A Lfc. 2904904 e 06/17/2020 hk. CONCRETE SEAWALL 9.OSURV o WPL SIGNED B( CONCRETE SEAWALL OVERHEAD ELECTRIC UNE 1-3 // // // m � a ooZ — -a C\\ EDGE OF WATER 0 100 PM 06/16/20 OVERHEAD ELECTRIC LINE // // - // yr,,�yA /itch, 04 Y SCALE 1' = 10' SHEET 11 OF 12 EXHIBIT 'A' ENCROACHMENT EXHIBIT FOR PARCEL B-1 SUBDIVISION OF PARCEL B 7VIOFII SUBDIVISION OF PROPERTY OF ANNE M. BRAITHWAITE do HENRY S. BRAITHWAITE, JR. (11.B. 188, PG. 2) for = VIRGINIA PILOT ASSOCIATION Landscape Architecture Land Surveying date: 02/26/2020 Lfb/pg.: N/A proj. no.: 219-0319 Civil Engineering �pIsite.com 757.431.1041 Y42 ow Rm.SIE 81BQIA Da VA 23452 file: 219-0319_en—exhib.dwg plat ref.: 8-1337 CAD/chk: MRB/eag • . .all Op • IR17) NER Lic. 2904 ,e. 06/17/2020 * '1� SURS10 wI mar \ HIGH-TENSION POWER POLE \ #27-158 ON EDGE OF WATER CONCRETE BASE 0 100 PM 06/16/20 // OVERHEAD ELECTRIC LINE "a 14rn O tv m 0LyN ya 4YcN 4A Y OVERHEAD ELECTRIC LINE // // SCALE 1' = 10' SHEET 12 OF 12 EXHIBIT 'A' ENCROACHMENT EXHIBIT FOR PARCEL B-i -11 , — SUBDIVISION OF PARCEL B SUBDIVISION OF PROPERTY OF ANNE M. BRAITHWAITE & HENRY S. BRAITHWAITE. JR. (Y.B. 186, PG. 2) for VIRGINIA PILOT ASSOCIATION Landscape Architecture Land Surveying date: 02/26/2020 I fb/pg.: N/A proj. no.: 219-0319 Civil Engineering wp Isite.com 757.431.1041 242 IAIST* 1RAL s�81fiAIA 86Dt VA 23 552 file: 219-0319_en—exhib.dwg 1 plat ref.: B-1337 CAD/chk: MRB/eag 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 day of , 2020, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and the CHARLES I. BOGGS, JR., JOHNATHAN D. WORTH and HERBERT ROBERTS GREEN, III, TRUSTEES OF THE VIRGINIA PILOT ASSOCIATION LAND TRUST, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL B-2" as shown on that certain plat entitled: "SUBDIVISION OF PARCEL 'B SUBDIVISION OF PROPERTY OF ANNE M. BRAITHWAITE & HENRY S. BRAITHWAITE, JR. (M.B.159, PG. 20) LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA," Scale 1" = 50', dated June 13, 1984, and prepared by Miller-Fox-Stephenson, P.C. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 186, at page 2, and being further designated, known, and described as 3329 Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing metal fence, sliding metal gate, metal gate, brick columns with lights, gate motor, electric hand GPIN: CITY RIGHT OF WAY (NO GPIN REQUIRED OR ASSIGNED) 1489-78-7712 (3329 Shore Drive) 1489-78-8688 (3325 Shore Drive) holes, and keypad on pole adjacent to 3325 Shore Drive (GPIN 1489-78-8688), collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, the Association of Maryland Pilots Land Trust is the owner of "PARCEL B-1" as shown on the aforesaid plat, and has consented to the Temporary Encroachment; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into portions of existing City's rights-of-way known as Cape Henry Drive and Shore Drive, adjacent to 3325 Shore Drive, the "Encroachment Area"; 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 consisting of twelve (12) sheets entitled: "EXHIBIT 'A' ENCROACHMENT EXHIBIT FOR PARCEL B-1 SUBDIVISION OF PARCEL B SUBDIVISION OF PROPERTY OF ANNE M. BRAITHWAITE & HENRY S. BRAITHWAITE, JR. (M.B. 186, 2 PG. 2) FOR VIRGINIA PILOT ASSOCIATION," 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 that the 10' public pedestrian access between the Lesner Bridge and the Encroachments shall remain open to the public and unaffected by the Encroachments. 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 City shall be provided continuous access, twenty-four (24) hours a day and seven (7) days a week, to the gate and into the Encroachment Area for the inspection and maintenance of its facilities located within Cape Henry Drive and Shore Drive. 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. 3 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the 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 4 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, CHARLES I. BOGGS, JR., JOHNATHAN D. WORTH and HERBERT ROBERTS GREEN, Ill, in their capacity as Trustees under the VIRGINIA PILOT ASSOCIATION AND LAND TRUST, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 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: 6 VIRGINIA PILOT ASSOCIATION LAND TRUST By b 4 CHARLES I. BOGGS, JR., Trustee By "0-71 4� J NATHAN D. WORTH, Trustee By HERBERT ROBERTS GREEN, III, Trustee STATE OF V If(Co‘l k fr CITY/COUNTY OF ``� 4 ,A-\.irk , to-wit: The foregoing instrument was acknowledged before me this G day of V L , 2020, by CHARLES I. BOGGS, JR., Trustee of VIRGINIA PILOT ASSOCIATION LAND TRUST. <Q. S_L EAL) Notary Public Notary Registration Number: 7 b) 32 to My Commission Expires: \ 3 -v".i 22 �,,,,,,,,,,,,,,,,,,,,,, it s NOTARY PUBLIC REG.#7013261 c 0 i MY COMMISSION EXPIRES : vr? 10/31/2022 I�_: 7 STATE OF V 1V(.-(o.\ \At . CITY/COUNTY OF V ic( t [ A -to-wit: The foregoing instrument was acknowledged before me this q day of , 2020, by JOHNATHAN D. WORTH, Trustee of VIRGINIA PILOT ASSOCIATION AND LAND TRUST. EAL) Notary Public 'Notary Registration Number: '6\ 3,Z(,Q1 / • NOTARY PUBLIC My Commission Expires: (6-31 - 03 _ • R EG.#7013261 _ 1 =Q : MY COMMISSION Q ▪ EXPIRES ▪ 10 31 2022 •. 2 ALTN O,,••�'' STATE OF t-S ( CITY/COUNTY OF V A ` , to-wit: The foregoing instrument was acknowledged before me this q day of , 2020, by HERBERT ROBERTS GREEN, III, Trustee of VIRGINIA PILOT ASSOCIATION AND LAND TRUST. Q •�� (SEAL) Notary Public Notary Registration Number: r)b[ 3, (40 My Commission Expires: \ b - 31 - 20 2,2 GCA JO ,,,,, NOTARY PUBLIC • REG.#7013261 • MY COMMISSION SO 1. EXPIRES 1031/2022 8 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUF CY AND FORM . ,� SIGNATURE RME ER illeFotc SENIOR CITY ATTORNEY `ST79r€ DEPARTMENT 9 co RIC . ARNER Lic. . 2904 N o , 1 06/17/2020 ,�. n y� o m SUR"- `M_ SIGNED BY SHORE DR/VE (VAR/ABLE WIDTH R/W) (/.N. 20061101001659730) o i a a E/V EA Y El a o #3329 SHORE DRIVE #3325 SHORE DRIVE #3319 SHORE DRIVE N/F N/F N/F VIRGINIA PILOT ASSOCIATION OF MARYLAND HARBOR PRESERVE, LLC ASSOCIATION ETC PILOTS LAND TRUST GPIN: 1489-88-0675 GPIN: 1489-78-7712 GPIN: 1489-78-8688 (M.B.186, PG. 2) (M.B.186, PG. 2) (M.B. 186, PG. 2) (IN. 200403260048380) (D.B. 2332, PG. 995) (D.B. 2394, PG. 580) SCALE 1' = 100' EXHIBIT OF'A 'A' ENCROACHI[ENT EXHIBIT FOR _ = PARCEL B—i SUBDIVISION OF PARCEL B SUBDIVISION OF PROPERTY OF _ = ANNE M. BRAITHWAITE do HENRY S. BRAITHWAITE, JR. (11.B. 186. PG. 2) _= for = VIRGINIA PILOT ASSOCIATION Landscape Architecture Land Surveying date: 02/26/2020 ' fb/pg.: N/A proj. no.: 219-0319 Civil Engineering wpIsite.com 757.431.1041 242 MISTANG 1RAL SIE 8 NORA B lit VA 2.1452 file: 219-0319_en-exhib.dwg ' plat ref.: B-1337 CAD/chk: MRB/eag • ix x x x- x x X ix i ., ,, L Op LINK FENCE HAII � t:" al'�, SHORE DRIVE 1 x RIC . ARNER (VARIABLE WIDTH R/W) Lic. . 2904 (/.N. 20061101001659730) `D e 06/17/2020 ,k, , —1-- „� � /---- ASPHALT DROP INLETr" PARKING AREA SUB (i) - „ OF SWALE Q � /... ..s -- WPE �,Nm BY60" METAL CONCRETE_ FENCE 0 I/' GATE MOTOR-\ #3325 SHORE DRIVE __\__UGFO UGFO I WBRILIGHTCK OLUMN N/F ASPHALT OLE �^ x HAND HOLE ASSOCIATION OF MARYU ND PARKING AREA \\0 PILOTS LAND TRUST I I _ i .// GPIN: 1489-78-8688 - a a a (M.B. 186, PG. 2) a (D.B. 2394, PG. 580) Q 8" SS(DI) x 7,VALLEY GUTTER /, El 4- #3319 SHORE DRIVE -I I 60" SLIDING x7METAL GATE N/F EL CTRIC HAN HOLE HARBOR PRESERVE, LLC LIJ WATER METER VAULT �� Q CURB INLFTT BRICK COLUMN GPIN: 1489-88-0675 C6 (WM#75342755) WV$- xi W LIGHT (M.B.186, PG. 2) // di 1 IA -I \ KEYPAD ON CONCRETE (IN. 200403260048380) wv ) WATER METER VAULT / WATER METER VAULT V (WM#95098034) �� (WM#95112842) Wi GE 0 O FIRE HYDRANT FIRE CONNECTION ON F a CONCRETE PAD S �� 4 C CONCRETE WALKWAY a if S 79'10'00" E N � � �� GE O Z KEYPAD ON POLE d Lj�, :J5' C NATURAL FENCE C� UGE� tv GAS METER WATER METER VAULT UGFO 60" METAL (WM#95034681 DETECTOR I 60" METAL ❑2 CHECK) FENCE 0 SCALE 1' = 10' SHEET 2 OF 12 EXHIBIT 'A' ENCROACHMENT EXHIBIT FOR PARCEL B-1 =_ SUBDIVISION OF PARCEL B SUBDIVISION OF PROPERTY OF ANNE U. BRAITHWAITE & HENRY S. BRAITHWAITE, JR. 01.B. 186, PG. 2) for "RIM, ,r; �, VIRGINIA PILOT ASSOCIATION Landscape Architecture Land Surveying date: 02/26/2020 ' fb/pg.: N/A proj. no.: 219-0319 Civil Engineering wPIsite.corn 757.431.1041 242 MEM IRA.Sit 81 IIA WADI,VA 23452 file: 219-0319_en—exhib.dwg l plat ref.: B-1337 CAD/chk: MRB/eag 72" CHAIN LINK FENCE< —X X X X X X X X X X X c: .01 t'TH Op. 72" CHAIN LINK FENCE r i SHORE DRIVE = RIC . ARNER 1-' (VARb4BLE WIDTH R/W) Lic. 2904 a (I.N. 2006 1 1 0 1 00 1 659 730) e 06/17/2020 * SUBS ",41_O — _ CL OF SWALE WPL SIGNED BY COX HAND HOLE )Gp7� �'Y� 'I' '/' %1 \ UGFO SAN MH 8" SS(DI)- 0 8 s5 C) #3325 SHORE DRIVE N/F OVERHEAD ELECTRIC LINE ASSOCIATION OF MARYLAND // // // PILOTS LAND TRUST GPIN: 1489-78-8688 (M.B. 186, PG. 2) i/ 1/ // d/ I, (D.B. 2394, PG. 580) 0 SCO(ABANDONED) MAILBOX® 90 29- UGE--�_ n G d $ 79�10�O0" EDGE GB/ UGE. Oo 2 N\S2r1 // // UGE LI)rn UCONCRETE El SCALE 1• = 10' SHEET 3OF 12 EXHIBIT 'A' ENCROACHMENT EXHD3IT FOR PARCEL B-i : SUBDIVISION OF PARCEL B I _ V - SUBDIVISION OF PROPERTY OF = ANNE M. BRAITHWAITE & HENRY S.or R. N.B.RAITHWAITE, J .B. 186, PG. 2) ! VIRGINIA PILOT ASSOCIATION Landscape Architecture Land Surveying date: 02/26/2020 , fb/pg.: N/A proj. no.: 219-0319 Civil Engineering wpplsite.com 757.431.1041 242 MISTAN6 IRAL SlE 814] A EfACIL VA 23452 file: 219-0319_en—exhib.dwg [ plat ref.: B-1337 CAD/chk: MRB/eag • LTH Op —X X X X X 72" CHAIN LINK FENCE X X X X Pr SHORE DRIVE (VARIABLE WIDTH R/W) • RIC . A (.N. 20061101001659730) Lic. . 29O4904 ,� 06/17/2020 ,�, -- - SURVo — - OF SWALE WPL SIGNED BY CAN PED ❑1 #3329 SHORE DRIVE %' 'I' 7' %' I' N/F VIRGINIA PILOT UGFO ASSOCIATION ETC OGFO GPIN: 1489-78-7712 (M.B.186, PG. 2) UGFO (D.B. 2332, PG. 995) ❑2 #3325 SHORE DRIVE N/F // OVERHEAD ELECTRIC LINE ASSOCIATION OF MARYLAND // PILOTS LAND TRUST GPIN: 1489-78-8688 (M.B. 186, PG. 2) b sse (D.B. 2394, PG. 580) \i-i // 8" SS(DI) SAN MH rl.93 UGE iii di --/- C a �� rYi--' S 79'10'00" E uGE�3 00' N rn UGL CE�01 \ZI:t. rri a , o I SCALE 1' = 10' SHEET 4 OF 12 EXHIBIT 'A' ENCROACHMENT EXHIBIT FOR PARCEL B-1 SUBDIVISION OF PARCEL B _ SUBDIVISION OF PROPERTY OF ANNE M. BRAITHWAITE ac HENRY S. BRAITHWAITE, JR. (Y.B. 186, PG. 2) for ' Viiiing VIRGINIA PILOT ASSOCIATION Landscape Architecture Land Surveying date: 02/26/2020 ' fb/pg.: N/A proj. no.: 219-0319 Civil Engineering wpIsite.com 757.431.1041 242 I JSUNG 1RAL S1E 8 NM A REA01,VA 23452 file: 219-0319_en-exhib.dwg I plat ref.: B-1337 CAD/chk: MRB/eag 72" CHAIN LINK FENCE 1.3110pt, x x x x x x x x x x x t. r4 SHORE DRIVE (VARIABLE WIDTH R/W) RIC . ARNER (I.N. 20061101001659730) Lie. . 2904 , . 06/17/2020 ,. 4yO c_ OF SWALE — — — SURv� WPL SIGNED BY /' /' /' /' /1 111 UGFO #3329 SHORE DRIVE �O/ OVERHEAD ELECTRIC LINE // VIRGINIA PILOT \P ASSOCIATION ETC UGF° GPIN: 1489-78-7712 (M.B.186, PG. 2) (D.B. 2332, PG. 995) ti a" SS(DI) w _ S. S 79'10100" E 325.00' 0o Z n N GE /�IJGE UGE UGE JUGE tv m / / 10' DRAINAGE EASEMENT ❑1 / / / (M.B. 159, PG. 20) / / (D.B. 2213, PG. 1960) SCALE 1 = 10 SHEET 5OF 12 OBIT 'A' ENCROACHMENT EXHIBIT FOR _ - PARCEL B-i SUBDIVISION OF PARCEL B SUBDIVISION OF PROPERTY OF ANNE Y. BRAITHWAITE do HENRY S. BRAITHWAITE, JR. N.B. 168, PG. 2) _ for VIRGINIA PILOT ASSOCIATION Landscape Architecture Land Surveying date: 02/26/2020 ' fb/pg.: N/A proj. no.: 219-0319 Civil Engineering wplsitecom 757.431.1041 24 lsgetiI 1RAL SIE 81IRGNA BEAM VA 23452 file: 219-0319_en—exhib.dwg , plat ref.: B-1337 CAD/chk: MRB/eag ,c.Q,LTH Op WALL _�" yr I� c' �G1 k —X X X X 72" CHAT XLINK FENCE RC . ARNER►-. ELECTRIC !C. 2904 HAND HOLE SHORE DRIVE Li (VAR/ABLE WIDTH R/W) e 06/17/2020 ,k (/.N. 20061101001659730) 14.4 SURV o - - - - - - - rn— OF SWALE WPL SIGNED BY < — — /' %/ /I / El #3329 SHORE DRIVE GAS N/F VIRGINIA PILOT —ii // OVERHEAD ELECTRIC LINE ASSOCIATION ETC // // GPIN: 1489-78-7712 (M.B.186, PG. 2) (D.B. 2332, PG. 995) UGFO 0 D SAN M H Z 8" SS(DI) N o —.S 79'10'00' E UGFO ii —,325.00' a._ \ ,__LIGE---------- U GE— ------ UGE-------- UGE U GE 1 SCALE 1" = 10' SHBST 6 OF 12 EXHIBIT 'A' ENCROACHMENT UMW FOR PARCEL B—i SUBDIVISION OF PARCEL B SUBDIVISION OF PROPERTY OF -- hoir ANNE M. BRAITHWAITE & HENRYS. BRAITHWAITE, JR. (M.B. 186, PG. 2) for s,, VIRGINIA PILOT ASSOCIATION Landscape Architecture Land Surveying date: 02/26/2020 ' fb/pg.: N/A proj. no.: 219-0319 Civil Engineering 2wpMTeAco RAmL SE 8 4 8 38 87 5ffJCN,743 V1A 1Zi452041 file: 219-0319_en—exhib.dwg ' plat ref.: B-1337 CAD/chk: MRB/eag ALTH OP WALL GI RIC . ARNER-' it , Lic. . 2904 e 06/17/2020 ,:k. y O SUR WPL SIGNED BY ❑1 #3329 SHORE DRIVE N/F VIRGINIA PILOT ASSOCIATION ETC V GAS GAS GAS GAS GPIN: 1489-78-7712 �� CPS �� OVERHEAD ELECTRIC LINE (M.B.186, PG. 2) // 7 (D.B. 2332, PG. 995) CPS im CPG' a N �� HAND HOLE // OVERHEAD ELECTRIC LINE tv n n1 S 79'10'00" G E � F° 325.00' ii UGE— UGE _—�-- UG UGE— UGFO a SCALE 1• = 10' SHEET 7OF 12 EXHIBIT 'A' ENCROACHMENT EXHIBIT FOR - PARCEL B-i SUBDIVISION OF PARCEL B I A i SUBDIVISION OF PROPERTY OF _ ANNE M. BRAITHWAITE & HENRY S. BRAITHWAITE, JR. (Y.B. 186, PG. 2) dm for .. �ma.airm. VIRGINIA PILOT ASSOCIATION Landscape Architecture Land Surveying date: 02/26/2020 [ fb/pg.: N/A proj. no.: 219-0319 Civil Engineering 2w4 IIUefrJc 1om SE 8 V10 27 5ff3 V1A 120421 file: 219-0319_en—exhib.dwg ' plat ref.: B-1337 CAD/chk: MRB/eag ,G.QsLTH Op, WALL • RIC . ARNER� ,/, \__ Vi %/ IP Lio. . 2904 a CONCRETE CURB e 06/17/2020 * l b. sURy WPL Sim BY 0 #3329 SHORE DRIVE // OVERHEAD ELECTRIC LINE N/F // // VIRGINIA PILOT ASSOCIATION ETC GPIN: 1489-78-7712 (M.B.186, PG. 2) (D.B. 2332, PG. 995) 9 GPS CO Z // OVERHEAD ELECTRIC LINE -7-/ 7 $ PI o S 79'10'00" E GPS 325.00' � c / UGE UGE N m UGE UGE- UGI UI SCALE 1 w - 1 0' SHEET 8 OF 12 EXHIBIT 'A' ENCROACHMENT EXHII31T FOR PARCEL B-1 a! SUBDIVISION OF PARCEL B l----- = SUBDIVISION OF PROPERTY OF _;.„...7 1 ANNE M. BRAITHWAITE & HENRY S. BRAITHWAITE, JR. (1I.B. 186, PG. 2) ^ ,, ", -4 ..� for VIRGINIA PILOT ASSOCIATION Landscape Architecture Land Surveying date: 02/26/2020 , fb/pg.: N/A proj. no.: 219-0319 Civil Engineering wplsite.com 757.431.1041 2411tISTANG 1RAl SIE 8 YR6NA VA?3452 file: 219-0319_en—exhib.dwg ' plat ref.: B-1337 CAD/chk: MRB/eag #yTH Opp 1 WALL et if /71 RIC . ARNER a Lie. . 2904 e 06/17/2020 ,:k. CONCRETE CURB sURN` WPL SIGNED BY 0 #3329 SHORE DRIVE OVERHEAD ELECTRIC UNE N/F - // ii /1 ii VIRGINIA PILOT ASSOCIATION ETC GPIN: 14-89-78-7712 CONCRETE (M.B.186, PG. 2) SEAWALL (D.B. 2332, PG. 995) CONCRETE CURB \-kN fn p // / OVERHEAD ELECTRIC UNE // it - -CO Z S °' No S 79'10'00" E 325.00' CSc ....... N m s9 O0O' 0 __________— UGE if • ElSCALE 1" = 10' SHEET 9 OF 12 EXHIBIT 'A' ENCROACHMENT EXHIBIT FOR PARCEL B-i SUBDIVISION OF PARCEL B SUBDIVISION OF PROPERTY OF ANNE H. BRAITHWAITE & HENRY S. BRAITHWAITE, JR. (Y.B. 186, PG. 2) *MN for 4 VIRGINIA PILOT ASSOCIATION Landscape Architecture Land Surveying date: 02/26/2020 , fb/pg.: N/A proj. no.: 219-0319 Civil Engineering Illeiom SE 81 l7A 5B7/43 A1204 1 file: 219-0319_en-exhib.dwg I plat ref.: 8-1337 CAD/chk: MRB/eag , tTx OFy r u. RIC . ARNER Lic. . 2904 e 06/17/2020 4k, 94Z SURVO WPL SIGNED BY OVERHEAD ELECTRIC LINE // // // CONCRETE 7- SEAWALL Ifi CI OVERHEAD ELECTRIC LINE V S N S11 cn EDGE OF WATER L YN — ® ,:DD PM 06/16/20 N e'q Y SCALE 1' = 10' SHEET 10 OF 12 EXHIBIT 'A' ENCROACHMENT EXHIBIT FOR =_ PARCEL B-1 A , .__ __._ ,____ _____. ____ . SUBDIVISION OF PARCEL B =___ ame EE SUBDIVISION OF PROPERTY OF -_ = = ANNE IL BRAITHIlAITE & HENRY S. BRAITHRAITE, JR. (Y.B. 186, PG. 2) for ,ice VIRGINIA PILOT ASSOCIATION Landscape Architecture Land Surveying date: 02/26/2020 ' fb/pg.: N/A proj. no.: 219-0319 Civil Engineering w2p ltTeANc IoRmL SIE 8 N2 I78 5ff3 V1A 14 1 file: 219-0319_en—exhib.dwg ' plat ref.: B-1337 CAD/chk: MRB/eag 311 401 Op.. 0 - RIC . ARNER►-, Lic. . 2904 06/17/2020 4k. SEAWALL N—CONCRETE SUP.V WPL SIGNED BY CONCRETE SEAWALL m93 // OVERHEAD ELECTRIC LINE O Oo Z N v1 V) %\\ tv \ EDGE OF WATER ® 100 PM 06/16/20 m // OVERHEAD ELECTRIC LINE // \ // L Y�^/ti 84 ) SCALE 1' = 10' SHEET 11OF12 EXHIBIT 'A' ENCROACHMENT EXHIBIT FOR PARCEL B-1 SUBDIVISION OF PARCEL B SUBDIVISION OF PROPERTY OF ANNE M. BRAITHWAITE & HENRY S. BRAITHWAITE, JR. (M.B. 186, PG. 2) for VIRGINIA PILOT ASSOCIATION Landscape Architecture Land Surveying date: 02/26/2020 t fb/pg.: N/A proj. no.: 219-0319 Civil Engineering w Isite.corn 757.431.1041 24 MJSTAMG PAL SIE 8 IRMA BEAK VA 23452 file: 219-0319_en—exhib.dwg ' plat ref.: B-1337 CAD/chk: MRB/eag . LTHOpp. it, RIC . ARNER- Lic. . 2904 e 06/17/2020 14/.bSURN 7 WPL SIGNED BY \ HIGH-TENSION POWER POLE\ #27-158 ON EDGE OF WATER CONCRETE BASE © 1:00 PM 06/16/20 OVERHEAD ELECTRIC LINE CO m \ // // • v N °' (f) -ao�� 0 m zNNygV EN ad y OVERHEAD ELECTRIC LINE // // SCALE 1 1' = 10' saw 12OF12 EXHIBIT 'A' ENCROACHMENT EDIT FOR PARCEL B-1 . SUBDIVISION OF PARCEL B __ A,_ = _ SUBDIVISION OF PROPERTY OF ANNE M. BRAITHWAITE & HENRY S. BRAITHWAITE, JR. (M.B. 186, PG. 2) i:s a, 4 for VIRGINIA PILOT ASSOCIATION Landscape Architecture Land Surveying date: 02/26/2020 ' fb/pg.: N/A proj. no.: 219-0319 Civil Engineering wplsite.con, 757.431.1041 24 MISTM 1RN SIE 8 VRASA ffACH,VA 13452 file: 219-0319_en—exhib.dwg ' plat ref.: B-1337 CAD/chk: MRB/eag \ I \ ii r. I- ' i : \ ,,, \ _ ()4 i___,_( . 7,...it , 1 . I ‘ ' 1 , t . I I . . 1 1 - 1 ,,.. i' I •.1 % • , 2 , ; \ '' 1 • ,- - = ,1 1 1 i 1 . I - ----__ , _ _ -- i • 1 1 i - ---- I • - `_. 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'-::4',..-- f. ,.. g } .. � I i } . ' ' j{ 1 ...,,,, : . ..."-„..i.l....44-7 : 7-- :- --1 ( i M _� _ - \ . 0 .. :_. , ; Vt.,„,t-T4._ ' ,,, '., -,, +, lI _ i, i ff {f[[ i ,:_,,,imilll. — 77IIff+ f It 1p iti,(}.Yl,{ Ii1j}dit'; �I}ff ! �- - 7 - _1 i W E c� m SHORE OR n pO SITE SHORE DR CLEAR AREA APPROX. 10' [1489-78-7712 x CAPE HENRY DR 1489-78-8688k -- Legend �- Ej 1489-78-7712 LOCATION MAP 1489-78-8688 ENCROACHMENT REQUEST Block Wall FOR VIRGINIA PILOT ASSOCIATION ETC /�A 10' Pedestrian Access Area GPIN 1489-78-7712 & ASSOC OF MARYLAND PILOTS ETC x—x• Fence GPIN 1489-78-8688 Note: This property is not Feet located in AICUZ Noise Zone 0 25 50 100 — N r ♦ �• ♦ \ 1, rt.!''^''♦ M!! ♦ ♦ ' '1, , is N riiht N. \SHORE'DR ., CLEARAREA APPROX. 10' Mit ( lr— . . • a ;x ! l `` " 11489-78-7712 "" t'i,. CAPE_HENRY DR • 1489-7 - . , _ 8 8688 '' 1 4-------- k i p 1 . °fit , 1 o ._1" ; ' rl�b 110 xy AND \T II Legend LOCATION MAP D1489-78-7712 ENCROACHMENT REQUEST FOR VIRGINIA PILOT ASSOCIATION ETC 1489-78-8688 GPIN 1489-78-7712 & L Block Wall ASSOC OF MARYLAND PILOTS ETC ///' 10' Pedestrian Access Area GPIN 1489-78-8688 Feet x—x- Fence 0 25 50 100 • ft. •IN/q 7. BaKiiivED APPLICANT'S NAME Virginia Pilot Association MAR 1 8 2020 REAL ESTATE 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 Plannin. Commission and Cit, Council meetin that ;.ertains to the a. : lication(s). APPLICANT NOTIFIED OF HEARING DATE: D NO CHANGES AS OF DATE: 7/ila0.2_ci REVISIONS SUBMITTED DATE: Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. MCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Virginia Pilot Association 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) Unincorporated Association - see attached list of Directors and Officers and list of members. (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Virginia Pilot Corporation Virginia Pilot Boat Corporation See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. Charles I. Boggs,Jr.,Jonathan D.Worth,and Herbert Roberts Green,Ill, (A) List the Property Owner's narTte:____ ttsvrrd�rthe VGyMha-Pttiation Land Trust 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) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Virginia Pilot Association Virginia Pilot Corporation Virginia Pilot Boat Corporation "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 p, parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (li) a controlling owner in one entity is also a controlling owner in the other entity, or (Ili) 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 operatirig ortobe 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 I PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than I I the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed IS1 purchaser of the subject property �I��II (identify purchaser(s) and purchaser's service providers) X Construction Contractors Engineers /Surveyors/Agents W.P Large, Inc.d/b/a WPL Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X � Legal Services Vandeventer Black LLB 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 ❑ r\, 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 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. 4 (CANT' IGNATURE PRINT NAME DATE U.U/ w* �'�h'tt PreSireCv‘F -.W iV. Cc 's - tii 3-II.2d (A Pile l5Sr►. Page 5 of 7 lai OWNER Virginia Beach YES NO L SERVICE J PROVIDER(use se additional sheets if] I I Ell Accounting and/or preparer of your tax return ElM Architect/ Landscape Architect / Land Planner Contract Purchaser(if other than ri j� 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) nn Construction Contractors 0 X Engineers/Surveyors/Agents Financing (include current ❑ !x mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n ® Legal Services Real Estate Brokers / rii j' 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 fl [1 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 CSfp u` 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. ,1 ROPE TY OWNER'S SIGNATURE PRINT NAME DATE ldYItilk 4PRi}3 u P; rw. . 4.44) C ki Swr,r(1l _ 3')I.CQ Page 7 of 7 OFFICERS: J.W. Whiting Chisman President Frank M. Rabena Vice President Kevin D. Hartz Asst. Vice President Karen Smith Secretary E. Waightstill Avery Treasurer BOARD OF DIRECTORS: J.W. Whiting Chisman(Chairman) Charles I. Boggs,Jr. Michael S. Eubanks Jacob R. Johnson David B. Ware PILOTS: BEHM, Christopher H. BOGGS, Charles I. AVERY, E. Waightstlll CALLIS, Robert H., Ill CHISMAN,J. Whiting COFER,J. William COLLINS,January N. DIGGS,William G. DODSON, Ernest W.,Jr. EDMUNDS, Milton B. EUBANKS, Michael S. EVANS, Mark S. FITZGERALD,Tazewell GRAY, N. Turner,Jr. GREEN, Herbert R. GREEN, Nathaniel T., II HALSTEAD,Adam L. HARTZ, Kevin D. HEATH, David HOFFMAN, C. Howard HOPE, Richard Keith HUFFMAN, Charles A., V JAMISON, Chadwick M. JOHNSON,Jacob MCKNEW,Joseph MEYER, Dale A. RABENA, Frank M. RECTOR, Roy A.,Jr. ROGERS, Torrence A. SAUNDERS, William G., Jr. SCHACHERER,Joseph M., Ill SCHILL, Gustave Benedikt,Jr. SPECKHART, Benjamin L. TRIMBLE,James South WARE, David B. WILLSON, Gregory R. WORTH,Jonathan D. YOUNG, Clarence M. I hereby certify that the above are the current Officers, Board of Directors and Pilots for the Virginia Pilot Association this day of May, 2020. fO ffCA JO 6"4,, 1 NOTARY, PUBLIC _ IYV #70VA \ Notary Public MY COMMISSION i = y EXPIRES 10/31/2022 F. PLANNING 1. WILLIAM & MARIE BURKHOLDER / THOMAS P. JOHNSON for a Conditional Use Permit re short term rental at 4472 Ocean View Avenue, Unit B DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. VACATION PROPERTIES, LLC/ SEAN & TIJUANA BELL for Conditional Use Permits re short term rentals at 304 28th Street: a. Unit 310 b. Unit 311 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. ALLEN PRINCE for Conditional Use Permits re short term rentals at 525 21st Street: a. Unit A b. Unit B DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. MISSION ENTERPRISES, LLC for a Conditional Use Permit re short term rental at 517 Virginia Beach Boulevard DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. JANET MARINO for a Conditional Use Permit re short term rental at 951 Maryland Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. HMC, LLC /MINH VOUNG for Conditional Use Permits re short term rental 4669 Merrimac Lane DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 7. ARICA ATKINS & MELVIN L. ATKINS, III for Conditional Use Permits re short term rentals at 598 Pinewood Drive: a. Unit 203 b. Unit 208 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. EMILY PERDONCIN & DENNIS SMITH for a Conditional Use Permit re short term rental at 2306 Oak Street DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 9. GEOFFREY WHITESIDE for a Conditional Use Permit re short term rental at 131 South Thalia Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 10. JUSTYCE SWANGO/JAAG INVESTMENTS, INC. for a Conditional Use Permit at 521 Carolina Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL /� �Ha•a -z 4 an ).;.:.,....,,-.,:s 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 28,2020 at 6:00 p.m.,at which time the following applications will be heard: William&Marie Burkholder[Applicant]William&Marie Burkholder and Thomas P.Johnson[Owners]Conditional Use Permit(Short Term Rental) 4472 Ocean View Avenue,Unit B(GPIN 15707169032980)COUNCIL DISTRICT-BAYSIDE Vacation Properties.LLC[Applicant]Sean&Tijuana Bell[Owners] Conditional Use Permith(Short Term Rentals)304 28th Street.Units 310 &311(GPIN 2428002866)COUNCIL DISTRICT-BEACH Allen Prince[Applicant&Owner]Conditional Use Permit(Short Term Rental)525 21st Street.Unit A(GPIN 2417986178)COUNCIL DISTRICT- BEACH Allen Prince[Applicant&Owner)Conditional Use Permit(Short Term Rental)525 21st Street,Unit B(GPIN 2417986178)COUNCIL DISTRICT- BEACH Mission Enterprises.LLC[Applicant&Owner]Conditional Use Permit (Short Term Rental)517 Virginia Beach Boulevard(GPIN 2427062651) COUNCIL DISTRICT-BEACH Janet Marino[Applicant&Owner)Conditional Use Permit(Short Term Rental)951 Maryland Avenue(GPIN 2417834418)COUNCIL DISTRICT- BEACH HMC,LLC[Applicant]Minh Vuong[Owner]Conditional Use Permit(Short Term Rental)4669 Merrimac Lane(GPIN 1478318103)COUNCIL DISTRICT-BAYSIDE Arica Atkins&Melvin L.Atkins,Ill[Applicants&Owners]Conditional Use Permits(Short Term Rentals)598 Pinewood Drive.Units 203&208 (GPINs 24270434561046&24270434561041)COUNCIL DISTRICT- BEACH Emily Perdoncin&Dennis Smith[Applicants and Owners]Conditional Use Permit(Short Term Rental)2306 Oak Street(GPIN 1590417323) COUNCIL DISTRICT-LYNNHAVEN Geoffrey Whiteside[Applicant&Owner]Conditional Use Permit(Short Term Rental)131 S.Thalia Road(GPIN 1477839426)COUNCIL DISTRICT -LYNNHAVEN Justyce Swango[Applicant]JAAG Investments.INC[Owner]Conditional Use Permit(Short Term Rental)521 Carolina Avenue(GPIN 2427130113) 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 htt0://www.vbgov.com/DG•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 httos://vbgov.webex.com/vbgolonstageigThp9M TI D=e 78593e 702f 121 a299896a2634064f6a8 •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnesCvbgov.cc prior to 5:30 p.m.on July 28,2020 If you are physically disabled or visually impaired and need assistance at this meeting.please call the CITY CLERK'S OFFICE at 385-4303:Hearing Impaired call 711. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON:July 12&19,2020-1 TIME EACH / / / / R-5 R / R-5R ,,,,__.?„. ./ u , Ocea i00 Q .• e ' / 1 ///, , / C R; _ , i --„ / ,,, 7,,z,„ ,, / , / / ; Suite N . Site �;• �� Property_Polygons William & Marie Burkholder Q Zoning 4472 Ocean View Avenue, Unit B Parking Lot Drive Aisle Feet Building 01530 60 90 120 150 180 Hu'g^E1c S( i tHh7'� CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: WILLIAM & MARIE BURKHOLDER [Applicant] WILLIAM & MARIE BURKHOLDER, THOMAS P. JOHNSON [Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 4472 Ocean View Avenue, Unit B (GPIN 15707169032980). COUNCIL DISTRICT — BAYSIDE MEETING DATE: July 28, 2020 • Background: The applicant is requesting to a Conditional Use Permit to operate a Short Term Rental in a two-bedroom 1,800 square foot unit of a duplex located at 4472 Ocean View Avenue, Unit B. The approximately 7,400 square foot parcel is zoned R-5R Residential (Shore Drive Corridor Overlay) District. The maximum occupancy for guests on-site after 11 :00 p.m. for the two-bedroom Short Term Rental is six. The minimum number of parking spaces required for this use is one per bedroom, or two spaces in this instance. ■ Considerations: The subject site abuts the public beach of the Chesapeake Bay where Short Term Rentals are to be expected. The applicant has provided a parking plan that depicts the two required off-street parking space on the property. One parking space is proposed under the unit and one is proposed in the driveway. The 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. One speaker in opposition was present at the public hearing who raised concern that the guests of the Short Term Rental will park and then block an existing private access easement. One letter of support and two letters of opposition we also received. Other issues noted were related to noise and the number of existing Short Term Rentals in the area. • Recommendation: On May 27, 2020, the Planning Commission passed a motion to recommend approval of this request by a vote of 6-3. 1 . The following conditions shall only apply to the dwelling unit addressed as 4472 Ocean View Avenue, Unit B and the Short Term Rental use shall only occur in the principal structure of Unit B. William & Marie Burkholder 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. William & Marie Burkholder 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 R2, City Manager: /m� Applicants: William & Marie Burkholder Agenda Item Owners: William & Marie Burkholder, INP:3 Thomas Public Hearing:P.P. May 2 Johnson7, 2020 i 0 Virginia Beach City Council Election District: Bayside Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner Marchelle Coleman Location sat ` F _ 4472 Ocean View Avenue, Unit B ` WIF GPIN i 15707169032980 , Site Sizeitt , 7,400 square feet Existing Land Use and Zoning District / , Duplex/R-5R Residential (Shore Drive Corridor Overlay) Surrounding Land Uses and Zoning Districts North Chesapeake Bay South Duplex/ R-5R Residential (Shore Drive Corridor Overlay) East .. Duplex/R-5R Residential (Shore Drive Corridor Overlay) West Duplex/R-5R Residential (Shore Drive Corridor I Overlay) ' ir - 40 .E> ; , - • .4 ,N. ',..*.;,/ `:-ge / ' William & Marie Burkholder Agenda Item 10 Page 1 Background & Summary of Proposal Site Conditions and History • This bayfront property is approximately 7,400 square feet and is zoned R-5R Residential (Shore Drive Corridor Overlay) District. • The dwelling requesting the use permit is the western unit, Unit B (1,800 sq.ft.), of a duplex constructed in 1988. • Staff inspected the site on December 6, 2019 to observe site conditions and take photographs for this report. The photo shown on page 7 verifies that parking can be accommodated under the dwelling as proposed. • Parking on the street pavement is not permitted along this portion of the street due to the reduced pavement width, existing driveway aprons, mailboxes and power poles. "No Parking" signs are installed along this segment of the street. • There are no previous zoning violations or City Council actions found on the property. Short Term Rentals in the Vicinity t. 1i1., `ey ea,, km. � -too ‘118..... . i .4„,t-I ,. .14 it 0 A 4112 I STATUS Dented NS ,�ifw V••� . Q Under Review �, 1I� . O Registered I , Summary of Proposal • The applicant submitted a Short Term Rental Conditional Use Permit request for Unit B of the 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: 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 William & Marie Burkholder Agenda Item 10 Page 2 • Number of parking spaces provided on-site:2, 1 in the driveway and 1 under the unit ti Cij / /C "Q/ �� No Zoning History to Report tic a 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 STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation As previously stated,this existing unit has two bedrooms and was built in 1988.The subject site abuts the public beach of the Chesapeake Bay where Short Term Rentals are to be expected.The applicant has provided a parking plan,which includes one parking space under the unit and one in the driveway.The space underneath the dwelling is free of clutter and will allow for one vehicle,and as such,the parking plan has been approved by the Zoning Administrator. 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 on the property.The applicant has provided one letter of support from the adjoining duplex owner in Unit A. In Staff's view,the requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 4472 Ocean View Avenue, Unit B and the Short Term Rental use shall only occur in the principal structure of Unit B. 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 William & Marie Burkholder Agenda Item 10 Page 3 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. 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 William & Marie Burkholder Agenda Item 10 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 • One letter of support has been provided by the adjoining property owner in Unit A of the duplex.Two letters of opposition have been received from neighboring properties with concerns regarding parking and noise associated with the short term rental property. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on April 27, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 10,2020,and May 17,2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 11, 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 May 21, 2020. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 12,2020 and July 19, 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 July 13, 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 24, 2020. William & Marie Burkholder Agenda Item 10 Page 5 Site Layout & Parking Plan 103AO1101I WN (.OS) 3nN3AV 3a1SAV8 .00 oc N_ .00•ss T .co-se 1- T_,V I .00.0, 1 I I 1 1 I 1 4 A I I i ± W W "C i I1 z C x: 1 W I_ m I I h $` I— I I 0 1 s Id ►t 3A0Yv 713 r30 00011 I I 1 )r , ''',/ di i ir7i 1 .0 jai \./Nfi i ` to .-. „� b, 1 1 cc = -/„ �m.z< i "" tI , 1 0 1 a� L ._ v T -1 ..c 1 1 1 ton ,� ism'' j /� l I 1 at NI oo•st 11 ; � .solos L111614:1--- - 8 N "a I ,) I • I N OI M .� I I r, 1 1 a iIII b :i O I N TJJ • O o a . I W W 1 L , jr A .00.0 ( .0S) 3nN3nv n3IA NV330 William & Marie Burkholder Agenda Item 10 Page 6 Site Photos I w ! .1 I r _ zd _f-r -.. Ti'eir 'i.- t. 1.l 'Y�•_ Entrance to Site _-- —1, 1 4 .,,,A ,p, itl, .. 0 _..„ gait fftttftt=f t'tf .cell ltftttt! 'fit' 4, (r It �\ d 01. 1 , 1 .I ii .14r� i- .. - :" ,-, i _! 1 . la= fik.vivp. . s ,.'�-��► ate,�� .�. 1 f , William & Marie Burkholder Agenda Item 10 Page 7 Site Photos ----:;--___ -- --- , ---------- 1.•-• \_,---____._.____--- _____________--- -- * n ,-- ______.------_-------__. Mt .. • • '''- II •-......_ TTM -' i. - i-• i -r,-- . --_____-- ?...,1_, , ,_: : , _ -----------".1, - - ' ., .- •• . „ . .... ,, . ,,,,,„„. ,....--,, - . . V • - 7 ' .: ' - ,., , , -,. '... ...---"- -- 4 - ,-.... ...' TI rt' ' . --,,'''' ' ' --- • ! -' • ---",4 _ .,. ,-.,.....,._ • - . ._._....4 .• ;,; ,. k. - --- i -- _,,, . _ '--- ' ----1-N::'.--, - ,r p . _ ., . , . ... , ______ ._ ___ . ____. _ i ...• ,.,..„.z: William & Marie Burkholder Agenda Item 10 Page 8 Disclosure Statement 1/13 Virginia Reach APPLICANT'S NAME William&Marie Burkholder 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 c1,-mina Commission and City Council meeting that❑”°•',-,,',,1,, applicationfsi ❑ APPI!CANT NOTIFIED OF HI.ARING _ ,/� ® NO CHANGES AS OF 7/14/2020 MLC ,, ,/,..Oln ❑ REVISIONS SUBMITTED William & Marie Burkholder Agenda Item 10 Page 9 Disclosure Statement Virginia Beach ECheck 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:William& Marie Burkholder If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below' (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Z 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:Wllisam fs_Me iieB_ud<_boldeiLUnitB) and If an LLC, list the member's Thomas P. Johnson (Unit Al names: Page 2 of 7 William & Marie Burkholder Agenda Item 10 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,Va. Code§2 2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (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 William & Marie Burkholder Agenda Item 10 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return FlArchitect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed \i purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors lJ I/V Engineers/Surveyors/Agents Financing(include current 7 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ n Z Agents/Realtors for current and 1 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 William & Marie Burkholder Agenda Item 10 Page 12 Disclosure Statement \AB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is {complete,true, and accurate. l 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.____ William Blair Burkholder 11/18/19 APPUCANT'S SIGNATURE PRINT NAME DATE Page 5 cf 7 William & Marie Burkholder Agenda Item 10 Page 13 Disclosure Statement 'NM OWNER Virginia YES NO SERVICE PROVIDER(use additional sheets if needed) X1Accounting and/or preparer of your tax return X Architect/Landscape Architect/ u Land Planner Contract Purchaser(if other than nX❑ 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) u ® Construction Contractors • 17 Engineers/Surveyors/Agents Financing(include current u E. mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) u 7 Legal Services Real Estate Brokers/ ❑ Agents/Realtors for current and I/\I anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 1 Does an official or employee of the City of Virginia Beach have 7 an interest in the subject land or any proposed development lnl 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 William & Marie Burkholder Agenda Item 10 Page 14 Disclosure Statement Virginia Beach 1 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. h �\ Thomas Johnson 12/19/19 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 William & Marie Burkholder Agenda Item 10 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. William& Marie Burkholder Agenda Item 10 Page 16 7 17f/11/ rr I/ Sit ,.„ * i - r----_,___,_ _____.----. filar's* 1... , II , !Au' Off ,..„ JO Ail p, -..' 1IF Ar----,y1.- / Afj.,, . 1 ,41 fr a ce - - i § ' 111'` 71 AW if v- . A --c1/4:7_1s:( __ .,4;.----z_---2frVir 4// 4‘00- ,y it Akit4P7 .„1/ -lis . 1 ilk ,_._ ..... 41 ,.._.,., 4#11'hi:: r:,-:::- ii.---___ Mr ' r19 --.•'-: ,:. atteli-._ i i i1?-1--7Stre- 1 i si 4 r ------" k-___ __ Wk /* (-NA* Ck: - !r 1 I - -----7-7---,- I( J+yI jr� i 44 b av Arciti it '-:--4 b 7 wirit I STATU S .-0 ._ 0 Approved _ �'� �_- -11r. _ • Denied � � `71 �` 0 Under Review Registered Items#10 William& Marie Burkholder William&Marie Burkholder and Thomas P.Johnson [Owners] Conditional Use Permit(Short Term Rental) 4472 Ocean View Avenue, Unit B May 27,2020 RECOMMEND FOR APPROVAL-HEARD Mr. Landfair: Madam Chair and members of the Planning Commission. The next order of business is the regular agenda. The presentation of the regular agenda is as follows: A. Statements by the applicant or applicant's representative, followed by questions by the Planning Commission of the applicant or staff. B. Statements by any registered speakers, followed by questions by the Planning Commission of the speaker or staff. C.Rebuttal by the applicant or applicant's representative,followed by questions by the Planning Commission if desired of the applicant or staff, and D. Deliberation of the application by the Planning Commission, with a motion followed by a vote. There are three items on the regular agenda. I am sorry, there are four items on the regular agenda. Regular Agenda Item Number 10. William and Marie Burkholder for a Conditional Use Permit requests for Short Term Rental at 4472 Oceanview Avenue, Unit-B in the Bayside District. The applicant's representative is Mr. Burkholder. Mr. Burkholder is the applicant and has signed up to speak. Please provide a summary of your request and remember to identify yourself for the record and pause three seconds before speaking, so that we can activate your microphone. Mr. Burkholder, you have the floor. Thank you. Mr. Burkholder:Good afternoon, my name is William Burkholder and together with my wife Marie, we have applied for a Short Term Rental permit. This is for a waterfront property that we purchased in September of 2019. We would like to give you a brief history of how we got here and what our intent is. I am recently retired from a 32-year career with Fairfax County and my wife will be eligible to retire next year from Loudoun County Public Schools. It has always been our dream to own property at the beach and so we purchased this particular property with the intent to live in it, in a couple of years. We honestly had not planned to buy this so soon. But last summer, we were getting a feel for the market with our real estate agent. When we stumbled upon this property, our agent fell in love with the place and stress that finding waterfront property like this and in Chicks beach is not an everyday occurrence. We told her we were not ready to move yet and she said, well, you can easily run it through Airbnb until we are ready to move here. And that the owner at that time was already running it very successfully. So, we did some quick research and discovered that we would be able to cover our mortgage 1 with what the current owner was running it for. So, we took the agents advice and we bought the property on faith that we could pay for our mortgage with rental income for this next couple of years until we moved here ourselves. That was in September 2019, we spent that fall investing a lot of time and money into the property and turned it into what we think is a premier rental property. Unfortunately, our agent said nothing of the need for a permit. And since we are not from Virginia Beach, we have not read anything about it in the papers or anything like that. So, we did not learn of the need for a permit until after the purchase. And we submitted our application then in November,because we needed to cover our mortgage we began renting at the end of December. At that time, we knew we met the requirements of the ordinance and I suppose rather naively, we assumed that the permit process would be fairly quick and painless. We had no idea that it was such a thorny issue and would become as involved in as lengthy of a process as it has, but we did start renting at the end of December, and we have been paying taxes, or at least the taxes that are automatically collected by Airbnb. We do not think that those taxes include the local transient occupancy tax. So, we have been setting aside money to pay any back taxes we may owe to the city. Once we have our permit, and are able to register with the Commissioner of Revenue. We do know that there is some opposition to our application. So, we do want to make it very clear that this is not something we envision doing long term. This is not an investment property for us, that is what we plan to live in and just a couple of years and we are not doing this to make money. We just need to pay our mortgage until we are able to move in ourselves. We have read the staff report and we are in agreement with all the conditions it lays out. And we thank you for your time and consideration. Mr. Landfair: Thank you. Are there any questions of the applicant by the Planning Commission? If so,please raise your virtual hand. Staff acknowledges the virtual hand raised by Commissioner Inman. Planning Commissioner Inman your mic is open for comment. Please pause three seconds to be unmuted. Mr. Inman: I am sorry to say I am having a technical problem, and I cannot remove my raised hand at this moment,but I'm working on it with staff. Mr. Landfair: Thank you. We have two speakers signed up to comment. The first speaker is Mark Chambers,followed by John Ince. Note that you have three minutes to speak. Please identify yourself for the record and pause three seconds before speaking. Thank you. Mr. Chambers. Mr. Landfair: Okay. Mr. Ince. 2 Mr. Landfair: Next speaker is John Ince, note that you have three minutes to speak. Please identify yourself for the record and pause three seconds before speaking. Thank you. Mr. Ince: This is John Ince. Good afternoon Planning Commission. I am a neighbor three doors away from the Burkholder townhouse. My wife and I have lived here 20 years. I implore you to not allow another Airbnb into our community of four beachfront townhouses. There already is one Airbnb, the unit next door to the Burkholder. The parking and noise are intolerable. Many people rent an Airbnb to party, having two of the four beachfront townhouses as Short Term Rentals would create a miniature cub med during the summer. The Burkholder had been renting there townhouse as an Airbnb without a permit since last December. Although,the townhouses advertised as two bedrooms with two dedicated parking spots. The tenants have sometimes brought three cars and spilled over into a five spot reserved area for residents only. Eight townhouses share this five spot reserved area. When both Airbnb's have been rented, we have seen the renters taking over most of the five spot reserved area. The five spot reserved area is on an easement that residents have used for parking for over 20 years. Another easement right behind the Burkholder's townhouse is to be kept clear for access to under house parking for the Burkholder's and their neighbor. The Burkholder's regularly use that easement as a third parking space,which blocks access to their neighbor's three assigned spots and encourages renters to use the five spot reserved areas. When the renters can find an assigned spot, and the five spot reserved area is full, renters will unabashedly use one of my assigned spots,or just block the whole driveway. This has happened many times. Even if the Burkholder's make it clear to their Airbnb renters, that parking in the easements or in my parking spots is not allowed. Who will police the Airbnb renters when the Burkholders are off site in their permanent home. And looking at the staff report to this application,I see the recommendation is for approval based on meeting section 241.2 of the zoning ordinance. But, that ordinance does not address the density of Short Term Rentals in the area. Also,the staff reports notes that there is one letter of support and to have opposition. Please note that the support letter is from another Airbnb. While the opposition is from two full time residents, who are already suffering effects of two Airbnb's out of four townhouses. My wife and I are in our mid 70s and love our Bayside living. The Burkholders claim that they plan to rent as an Airbnb for only a few years. But,that is a significant amount of time for my wife and me. Please do not ruin the lives of the permanent residents by making this an Airbnb community. Thank you. Mr. Landfair: Thank you. Are there any questions of Mr. Ince by the Planning Commission? If so, please raise your virtual hand. Staff acknowledges the virtual hand raised by 3 Commissioner Weiner. Planning Commissioner Weiner your mic is open for comment. Please pause three seconds to be unmuted. Mr. Weiner: Yes, I would like to ask if the police have ever been called or 311 has ever been called or has this ever been documented that there are issues with this Short Term Rental? Mr. Landfair: Mr. Ince are you aware of any incidents? Mr. Ince: No, I am not aware of incidents with this Airbnb of the Burkholder's, but the other Airbnb, that is operating and apparently has been grandfathered has had a couple of police incidences, one where a 16-year-old girl had a sweet 16 party and half of Norfolk teenagers came and took over the neighborhood and the police had a presence here all night. And that is just the one I know of for sure. Mr. Landfair: Staff acknowledges Director Tajan. Mr. Tajan: Mr. Weiner on page two of the staff report, Staff did reach out to see and look in our system to verify if there were any complaints logged for this property in particular that is requesting the Conditional Use Permits. There are no previous zoning violations that we found on the property. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Redmond. Planning Commissioner Redmond, your mic is open for comment. Please pause three seconds to be unmuted. Mr. Redmond: Mr. Ince have you ever had any interaction with Mr. Burkholder? Mr. Ince: I have spoken to Mr. Burkholder once at length in the driveway. And, I have exchanged emails with him several times over the last few months. Mr. Landfair: Mr. Redmond do you have any more questions. Planning Commissioner Redmond, your mic is open for comment, please. Mr. Redmond: Thanks, I would appreciate it if you stopped muting me. So, you did not get a lot of satisfaction from that conversation, Mr. Ince that is what I am trying to get at. Mr. Ince: There were regulations that would preclude renters from doing anything wrong. And my view is,you can write that but that will not enforce anything,because even now, I have had incidences where the Burkholder's renters,have been parking,not in their designated spot. And I have certainly had many occasions with the existing Airbnb next door to the Burkholder's, where they have parked in my spots many times, and we just have to ask them politely, and they usually move over. 4 Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Redmond. Planning Commissioner Redmond, your mic is open for comment. Please pause three seconds to be unmuted. Curious Madam Chair, you have the floor Ms. Oliver for Planning Commission discussion. Ms. Oliver: I will open the floor for discussion by the Planning Commission. Please raise your hand if you have a comment or a motion and staff will open your microphone. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Redmond, your mic is open for comment,please pause for three seconds. Mr. Redmond:This is in many ways, like a lot of these applications that we have seen and I am in some important ways,unlike it. I am troubled by a number of things in,first off let me say when I read the application and I look at property,just as the staff says it is the kind of thing you would anticipate would be appropriate for a Short Term Rental. I really think this applicant as a homebuyer should have done a heck of a lot more due diligence,before they bought this house. We have been talking about Short Term Rentals Mr.Burkholder for four years now. So,the idea that a purchase in fall of 2019,would be made and,you know,that would not have occurred to any purchaser, who is intending to rent it out strikes me as very frankly as farfetched. Beyond that,I am troubled by what Mr. Ince describes,and based on the clustering of these houses,the way they are laid out. I do not know that it is possible to make these pieces fit together. The way he describes the parking, and I would be more than happy to hear from Mr. Burkholder again. But, the way he describes the parking is of great concern, and I agree with him. You can write whatever you want to write, but if you have folks who simply abide by it, and you don't have a way to enforce it. And it is a burden on other folks. I have been largely supportive of these applications that that fit an appropriate model that is to say, they adhere and conform to the ordinance. But, within the ordinance we have the conditional use permit process precisely to understand and debate those kinds of things that that might influence that. So,I am very skeptical of this application at present. I would like to hear more from Mr. Burkholder, about his process and how he came to buy it. I do not know that makes me more sympathetic or not, frankly. But, I really would like to know how he intends to ensure that these problem of these cars bleeding out into other properties can be addressed, I do not know that it can be addressed, is my concern. I just do not know that it is possible to address it, so I am hoping to that explanation I do not know that one exists. If I do not get one then I am going to oppose the application. So,that is my two sense folks. Thank you. Ms. Landfair: Mr. Burkholder,would you like to respond? 5 Mr. Burkholder:Yes, thank you, I would be happy too. With respect to doing more due diligence prior to the purchase we could not agree more. What happened was we came home from that day of viewing the property received a phone call from our agent another couple had placed an offer on the property, and we needed to respond quickly if we wanted it. We were not terribly comfortable doing it, I will be honest with you,but we really, really loved that property, and so we counter offered and under some, you know,duress to make it happen we made it happen that weekend,and therefore we did not have the luxury of doing more due diligence, had we had time we certainly would have done that. We are regrettably, now in this situation certainly not our intent to cause issues with our neighbors, and never was our intent but, nevertheless, it is where we find ourselves today. With respect to the, the parking issue, so I do not know if it is possible for you all to display the photo that is on the top of page eight in the staff report. But,if you can look at that photograph,it shows the front of our room. Thank you. So, we have one parking space underneath the unit, and one parking space directly in front of the unit. And then there is the third space which is to the left hand side of that paved area, which is technically an easement. Mr. Ince is saying that we should not be permitted to park in the easement,but as you can see,there is really no practical reason why that should not be permitted. It does not block access to anything. Nobody else is affected if there is a car in that space. To be clear that space is not in our parking plan, we are two bedroom unit,we need two spaces,we actually think we have three spaces.Because again, there is no reason why that third space cannot be used by our renters for parking. And actually, allowing people to park in that space alleviates, some of the issues that Mr. Ince is referring to. If we do not allow people to park in that space, then they are more likely to park on the driveway,where the shared spaces are. But, if we have a third space there that gives us three spaces for a two bedroom unit that can hold no more than six people at a time. We think it will be very rare that we will have more than, than two vehicles, but certainly very rare that we would have more than three vehicles. We are very clear in our house rules when it comes to parking.And if you will allow me I would like to just kind of go through that a little bit. Thank you. So, we have a set of house rules, in which we state very clearly, where our guests are allowed to park and where they are not, and where we allow them to park is under the unit and those two spaces directly in front. We are very, very specific about not parking on the driveway or anywhere else. That is not required, those are technically shared spaces along the driveway, but we are doing this out of respect for our neighbors. We send, prior to approving any guests requests for booking. We send those house rules to them and they must agree to all of the rules and there are others. They understand the parking situation. A week before they check in we send them an email, where we very explicitly state, you may only park in one of those three spaces or in those three spaces, you may not 6 park on the driveway. We very clearly state that in that email. When they check in and they open the front door to our house, the first thing they see is a graphical version of the parking plan, it is not the one you see in the report, it shows that but everything else that is not in front of our unit, has red hash marks through it, and we say no parking permitted. We send another email the day after they check in, again reiterating the situation, we reiterate to them that this is a very quiet residential neighborhood, it is not a beach party scene. They know that from our advertising in Airbnb. And we make it very clear in our communication with them throughout the process. We can monitor who's coming and going with our ring camera, and we can see our parking spaces through that camera so we know if they are using our parking spaces or not. So, we really go to great lengths to minimize the impact, especially when it comes to parking. Mr. Ince has mentioned that some of the guests in the Airbnb next to us have lost access to his property as they load and unload. Our renters would not do that they do not need to park on the driveway to load and unload,they simply pull directly in front of the unit. I will also say this. I do not think it is fair to compare the experiences that Mr. Ince's had with the Airbnb, next to us, to our situation. The one next to us is a four bedroom. Ours is a two bedroom. We can have six people they can have 12 with the. Excuse me. We are very, very careful who we rent too. We do not use a booking company or a management company I should say because we want to be personally involved in all decisions, because this is our future home. We do not allow instant bookings, which means we personally evaluate every request before approving it. We rent almost exclusively to families and couples, we do not rent to college kids, and we actually have a rule on Airbnb that the primary renter must be at least 25 years old. We have hired two caretakers, who live there locally. In fact, one lives in the unit next to us when it is not rented, which is much of the time, either those caretakers can respond within 30 minutes. If required, I can respond within 30 minutes to a phone call. We also have an adult daughter, who lives in Virginia Beach, and she can respond to any issues that come up. I guess, the bottom line is we have done everything we can think of to minimize the impact on our neighbors again we plan to be neighbors for many years to come. We did ask to speak to Mr. Ince and his wife in the driveway at our request to see if there is anything further we could do to alleviate his concerns, and we simply found that he was not willing to adjust anything, so we feel as though we have done everything we could possibly do, and we will do everything we can do to minimize the impact and make this work as best as we can. Mr. Landfair: Thank you. Commissioner Redmond, do you have any follow up comments? Mr. Redmond:Staff, Mr. Kemp, or whoever is best able to answer this what is this easement they are speaking of, I see nothing in the write up about that, whose easement is it, for 7 what purpose is there an easement and is it permissible to use that for parking I would guess not. But can you enlighten me a little bit on that. Ms. Coleman: This is Marchelle Coleman, the planner assigned to this project. The easement we are talking about is a private easement from the Condo Association, the easement allows everyone within that condominium to use the space. And the third space that Mr. Burkholder is talking about is the space if you see on the parking plan on the screen,parking space number two,there is an empty space beside parking space number two. That is the third space that he is referring to, and it is part of the easement with the whole Condominium Association, and anyone in that Condo Association can use that parking space. Mr. Redmond:Can I mention one last thing, Mr. Burkholder I appreciate that and Mr. Ince's comments too. And I just say to staff, and I know that I missed this before but in all of these applications for Short Term Rentals these days for whatever reason, we see even client, to auto print the entire ordinance as conditions. And it makes it very hard to sort out between, you know, each one of these applications. What is different about them from the last, I do not know that we need to list everything in the ordinance about the commissioners of the Revenues Office see, might just reference,you know,and cite the ordinance that applies I do not know why we have to do all this, it just makes it harder for me to sort through what is different about this application from the last one we did and the next one we are going to do. So, I think we could manage that better that way. Anyway, I appreciate both you gentlemen are responding to my questions. I do have some concerns about this, I would like to listen to what my colleagues have to say and we will go from there. Thank you. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Alcaraz, your mic is open for comment, please pause for three seconds. Mr. Alcaraz: Thank you,this is George Alcaraz, I appreciate Mr. Burkholder's rebuttal. I did not understand why we did not hear him at first,but I am glad he came on, my concern as Ms.Coleman you said it is a easement but it depicts on here on the plans I am sorry I am looking at it to my left is an Ingress, egress,which means is supposed to be Ingress entering and exiting so really it is not a parking space is that correct Ms.Wilson? if you could explain that and then, also, he mentions in there. The owner,the applicant states that he can use the three spaces but he is required to have two because he has two bedrooms, and he is actually offering that he has a third space. So, where are we right there with a fine line changing what the conditions are I just want to make sure that an Ingress, egress is not for parking, if that is correct I need to know that. And also,two spaces, is what he is maximum allowed to have because he has two bedrooms. Thank you. 8 Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by the Deputy City Attorney, Kay Wilson. Ms. Wilson: Actually, it is a real hand. Mr. Alcaraz. I do not have a copy of the easement with me, I have not read it. If it is an Ingress, egress easement that normally would indicate that it is for coming and going. However,I do not know what the easement says, so I cannot tell you whether it also includes parking. But, Mr. Burkholder is required to have two spaces, and he has two spaces without using the easement. Mr. Landfair: Staff acknowledges the hand raised by the Commissioner Oliver. Ms. Oliver: Thank you. I do have. I just want to clarification on the unit next to them. He mentioned that they were four bedrooms, and they can have up to 12 people which means they can have four cars. And I am assuming he is referring to Unit A,which so if they have four cars, where all those cars going in the shared parking and the easement. The other thing that I am not crazy about is the fact that he bought this, knowing that it was or from what I understand, what I recall him saying is that he had said that he had the real estate agent sold it to him and said that it had been a rental unit. Now whether that was listed with a rental company or not I do not know, and that is not really pertinent to it, but with the exception of the fact that it had been used as a rental unit. He bought it for rental unit and hopes that when he retires he will come down and live. He started immediately renting it as an Airbnb, and did not bother to take the time to either check with a rental company, or with the city here. And, so the fact that he had another person you know,wanting to buy the house is not pertinent to the way he has been using this piece of property, as far as I am concerned. These Airbnb's especially in this area are. This is a tight area, and there is not a lot of wiggle room down here. So I have a lot of concern with this added in right here, but it is basically what I have to say,thank you. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Coston, your mic is open for comment, please pause for three seconds. Mr. Coston: Was that for Coston. I guess that is me. I was wondering if Mr. Burkholder would be willing to provide signage to designate parking with the ability to tow, if that would help his neighbor to feel more comfortable with him. Mr. Landfair: Mr. Burkholder,would you like to respond? Mr. Burkholder:Yes, we would be happy to provide signage and in fact we had suggested to Mr. Ince that signage would help the overall parking situation. He was not in favor of it. But,that was our suggestion and we would be happy to do that. If I may, sense I have the mic. If I could just go over the total overall parking situation for the units where this property exists it might help explain some things. We are part of a quad 9 of four duplex townhouse style buildings, four units face the street, Ocean View Avenue and the other four units face the waterfront. The two street side buildings, they each have dedicated driveways opening right onto Ocean View Avenue.Those driveways are 45 feet long and 30 feet wide. So, based on the 9 by 18 City requirements, up to six vehicles could park in each street side driveway, for a total of 12 parking spaces. In addition, each street side unit has either a garage or a carport under the unit,bringing the total number of parking spaces available to the street side units to 16, that 16 spaces for four units. Access to the waterfront units is along the driveway easement that goes between the street side units. For the four waterfront units,there are a total of nine spaces,either under or in front of the units. Plus,there are five shared spaces along the driveway,for a total of 14 spaces serving the four waterfront units. When combined with the street side units, that is 30 spaces for eight units. That should be plenty of parking, our neighbors primary concern is having inadequate shared parking along the driveway. Part of the reason he is encountered inadequate shared parking is that the street side units are using the shared driveway for parking,when you read the declaration of easement,which we have it states that the driveway "shall be for the benefit of and be restricted solely to the owners of the waterfront meet lots? That means the street side units really should not be using the driveway for parking. The reason I bring all that up is, if the shared parking is as much of a concern as Mr. Ince contends. Then he does have a means of recourse. He simply needs to ask the street side units to stop parking on the driveway, and that will free up spaces. Thank you. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Weiner, your mic is open for comment,please pause for three seconds. Mr. Weiner: Yes, thank you. I think, we needed to step back and think I asked the question if anybody has ever been called to this house in the past, I knew it was not abided and staff report, but I wanted to hear that Mr. Ince nothing we have to think about it. Mr. Ince brought in here to comment this would be on the consent agenda right now, because he meets all of the criteria that he put together. It is a two bedroom, it has two parking places. I do not see that it is tight. I think we have a lot to learn about Short Term Rentals yet. I think City Council is going to come up with some new requirements that we are going to have to look at and saying that I am going to be supporting this. That is what I would say. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Redmond, your mic is open for comment,please pause for three seconds. Mr. Redmond:No thank you. Mr. Landfair: Is there a motion? Madam Chair, staff opens the mic for you to call for a second. 10 Ms. Oliver: Do I have the second? What was the first motion? Mr. Landfair: I am sorry. Mr. Weiner made the motion for approval Mr. Wall seconds. So staff acknowledges the virtual hand raised by Commissioner Wall,as a potential second. Commissioner Wall,your mic is now open. Mr. Wall: I second the application. Mr. Landfair: A motion to approve the application has been made by Commissioner Wiener and seconded by Commissioner Wall. Are any Planning Commissioners abstaining from the vote? If so,please raise your virtual hand. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr.Alcaraz: I want to recognize Mr. Redmond. Mr. Redmond:That is what the little hand is for A. So, did Mr. Weiner make a motion I did not hear. Mr. Landfair: Commissioner Weiner made a motion for approval. Commissioner Weiner made a motion for approval. Commissioner Weiner made a motion for approval, with a second from Commissioner Wall. Mr. Landfair: Mr.Redmond staff acknowledges your virtual hand,your mic is open for comment, please pause for three seconds. Mr. Redmond:I am still not comfortable with this.I appreciate Mr.Burkholder's explanation. And I acknowledge that a lot of the complaints that Mr.Ince has are really deriving from another unit. Another Unit that probably is not particularly well managed. I am guessing. And that is an enforcement issue. So I do not know if grandfathered that we have the same enforcement mechanisms that we would on a new application. Nonetheless, that is an enforcement issue. Now, we tend not to enforce much of anything around here sometimes. And maybe one of the things, Mr. Ince has a problem with. My concern is the way these units are clustered,given the problems that are there on one unit. It may be that one out of four is probably enough Short Term Rentals in this one place. That might make things difficult for the applicant. And I acknowledge that. Sorry about that. But, as I said caveat emptor, there was not enough due diligence done with regard to this process for this property. And it was the big pink elephant in the room in a lot of these neighborhoods for a year or so I think that was not something to have missed. I cannot get comfortable with this application. I don't think it is there yet. So, I am going to oppose the application. 11 Mr. Landfair: Thank you. Are there any other Planning Commissioner comments? Hearing none, the vote is now open, and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes. Thank you. Mr. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Mr. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: No. Mr. Landfair: Ms.Oliver. Ms. Oliver: No. Mr. Landfair: Mr. Redmond. Mr. Redmond:No. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of six, four and three against this application, agenda item 10 is hereby recommended for approval by the Planning Commission, Bill. 12 AYE 6 NAY 3 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman NAY Klein ABSENT Oliver NAY Redmond NAY Wall AYE Weiner AYE Conditions: 1.The following conditions shall only apply to the dwelling units addressed as 112A& 112B 56th Street, and the Short Term Rental use shall only occur in the principal structures. 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 spaces within each unit must remain a minimum of 9-feet by 36-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five(5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall 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 neighbourhood 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. 13 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6)months of the property real estate transaction closing date. 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 Rentals. 12. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13.The Short Term Rental shall have no more than 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) 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. 14 -� jn', = u lu OR, L O R — ` 28th-- -- Street_ cA ( s: u \ er � OR _D , g: tre . ,0 ,, A_'i- _jlah � OR /� / CL. D tee c. _ 4„,,,,,,,,4019‘7� ,e C 2�t�� %� eO co cco e 0 Zit a co teet A-1 2 -- --- street t a �'S =y u A-36 et u ;� 11 2a . 2l0 Stre_ 1 Q. R45_S treet 2?th__,____ St \ ' FOR P,_., iiii � 27 th ir Ali 2 Site ‘k 4 t Property_Polygons Vacation Properties, LLC liv 304 28th Street, Units 310 & 311 Zoning Parking Lot Drive Aisle Feet 1 Building 0 2040 80 120 160 200 240 ,.SPGCy N Isi Z, fs.; ,:v CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: VACATION PROPERTIES, LLC [Applicant] SEAN & TIJUANA BELL [Property Owner] Conditional Use Permits (Short Term Rentals) for the property located at 304 28th Street, Units 310 & 311 (GPINs 24280028663010 & 24280028663011). COUNCIL DISTRICT — BEACH MEETING DATE: July 28, 2020 • Background: The applicant is requesting Conditional Use Permits to operate Short Term Rentals in two, two-bedroom units within a 42-unit condominium located at 304 28th Street. The subject site is approximately 53,385 square feet and is zoned OR Oceanfront Resort District. The maximum number of guests permitted after 11 :00 p.m. in each two-bedroom unit is six. The minimum number of parking spaces required for this use is one per bedroom, or two for each unit in this instance. • Considerations: The site is located at the oceanfront three blocks from the Atlantic Ocean where short term rentals can be expected. The applicant is utilizing the existing on-site parking lot to fulfill the parking requirements, as each unit is assigned two reserved parking spaces thereby meeting the minimum number required. All other requirements of Section 241 .2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: On May 27, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of these requests. 1 . The following conditions shall only apply to the dwelling units addressed as 304 28th Street, Units 310 and 311 , and the Short Term Rental use shall only occur in the principal structures. 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be Vacation Properties, LLC Page 2 of 3 administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events 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). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least 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. Vacation Properties, LLC Page 3of3 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) 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 'W City Manager: Applicant:Vacation Properties, LLC Agenda Items Property Owners:Sean & Tijuana Bell 11 & 12 / Public Hearing: May 27, 2020 atyoJ City Council Election District: Beach Virginia Beach Requests #11 Conditional Use Permit (Short Term Rental) #12 Conditional Use Permit (Short Term \ / /1110 Rental) { • V Staff Recommendation liege Approval -f�� ' Staff Planner4 • Karen L. Creech � 0 `> kW.IMIOP-11` Location 111100r� 304 28th Street, Units 310 & 311 /is. ��S•� E r s GPINs �+��. 24280028663010& 24280028663011 S�/�. Site Size •.. 53,385 square feet Existing Land Use and Zoning District Multi-family dwellings/OR Oceanfront Resort - ,. ram`;. Surrounding Land Uses and Zoning Districts North - , v- •• ` c 28th Street .t r i Hotel/OR Oceanfront Resort i '" `" y �-- \ ' �. d .�, 4 South ,A , 27th Yz Street (alley) M Apartments/A-12 Apartment,A-36 Apartment M ' 34 f T+ .t East 'ys 0 F - M: Commercial st ercial/OR Oceanfront Resort i tO ' ', s ?'! Commercial/OR Oceanfront Resort 01,7 is, `i 1R' -v f r i _ri}.ems"4r---, l M _ aM Vacation Properties, LLC Agenda Items 11 & 12 Page 1 Background & Summary of Proposal Site Conditions and History • The site is approximately 53,385 square feet and is zoned OR Oceanfront Resort District. • The property consists of a three-story multi-family condominium building containing 42 units and on-site assigned parking spaces.The building was constructed in 1985. • Staff inspected the site on February 7, 2020 to observe site conditions and take photographs for this report. • Parking along this segment of 28th Street is metered and not part of the RPPP program. • No past zoning violations were found for this property. City Council previously approved a Conditional Use Permit for Sunray Court Associates, L.P. in April of 1996 for housing for the elderly at this site.This building now operates as a condominium known as Playa Rana;therefore,the previous CUP for Sunray Court Associates is no longer active. Short Term Rental in the Vicinity lking its t 4.0100 , `,1 ' - < I : . sjs -� STATUS 111 � � • Approved �� ,+'25t • oen *1 11% • tce Q Under Review N �' \itl �� \-A Q Registered � � r�� ` . ,r Summary of Proposal The applicant submitted Conditional Use Permits to operate two,two-bedroom Short Term Rentals 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. Vacation Properties, LLC Agenda Items 11& 12 Page 2 Unit Number: 310 311 Number of bedrooms in the Short Term Rentals: 2 2 Maximum number of guests permitted on the property after 11:00 p.m. (maximum 3 per 6 6 bedroom): Number of parking spaces required (1 space per bedroom required): 2 2 Number of parking spaces provided on site: 2 2 4—�`l...J oR O , - f J €.� o 0ralk ��, � Zoning History 1 .y oR >a�� # ' Request a II , �`- 1 ALT(Hotel,Apartments, Parking Garage along 27th Street) 1- Approved 11/13/18 OR OR • -- .��" e��* cv� 2 SVR(Floodplain Regulations)Approved 08/8/2006 `„,,,��/� n ' 3 CRZ(RT-3 Resort Tourist,A-36 Apartment,and A-12 Iv' 01 , OR '� Apartment to Conditional RT-3 Resort Tourist District) ttlA�6. z `_"m$u.� OR Approved 05/9/2006 3• t, — 1 b 4 NON(Enlargement of a Nonconforming Use)Approved 111— '1 i, !. '�.°R \ 02/14/2006 � P q, * '` w �' , i-� OR 5 CUP(Housing for Elderly)Approved 04/1996 * 1, 1:1. li Iktyr 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 application is for two,two-bedroom condominium units to operate as Short Term Rentals within a 42-unit building. The building is located three blocks to the west of the Atlantic Ocean. The Short Term Rental use utilizes the existing on- site parking spaces to fulfill the parking requirements. Two parking spaces each are assigned to both units 310 and 311. As required, a representative of the condominium's board signed the application. No letters of opposition or support have been received. Proof of liability insurance for$1,000,000 has been provided. Furthermore, in Staff's view, all requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Vacation Properties, LLC Agenda Items 11 & 12 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling units addressed as 304 28th Street, Units 310 and 311, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five(5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times 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). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If,or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form;and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least 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. Vacation Properties, LLC Agenda Items 11& 12 Page 4 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) 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 was placed on the property on or before April 27, 2020. • As required by State Code,this item was advertised in the Virginian Pilot Beacon on Sundays, May 10, 2020 and May 17, 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 May 11, 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 May 21, 2020. Vacation Properties, LLC Agenda Items 11 & 12 Page 5 City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 12, 2020 and July 19, 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 July 13, 2020 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/govern ment/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 24, 2020. • Zero letters of support/opposition have been received by Staff noting concerns related to these Short Term Rental Units. Site Layout & Parking Plan w v w 0 0 Vacation Properties, LLC Agenda Items 11 & 12 Page 6 Floor Plan Third Floor Plan e gt 1 .i ."i"rii ' .3 : • •• toe, ' ... U I ? q ''It"--1.— ' Welo,,t9PA 07 raw...wal 1 4-1: t--- '""-'T 4 rrj iri7 1#rr-r 'if' 4 e fira -VA , ./ I ' T re ifIE t _ .� .l•••;.11164 'I rn 28th Street�Elevation p; E._ !sitII'erg■0 i 11!P111 1R11n1 1. .`L' zn wow = I 0 a i inNuij T m c ' u* 1 p Vacation Properties, LLC Agenda Items 11& 12 Page 7 Site Photos I. ' Unit 311 • It �.; 4 `•ram. / Unit 310, --- \ 4 ': 11100101' '1' , .------- IP' : > ' -- ,sp r• 1' ., s, r o� `: ' 1 •+—' �:v IF %t ✓ y( .� . '-4 I-, - --, _ _ f a 1 < r Vacation Properties, LLC Agenda Items 11 & 12 Page 8 Disclosure Statement VB Virginia Reach APPLICANT'S NAME Vacation Properties LLC. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning A• •eats Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area I 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 l2)weeks prior to any Page 1 of 7 Plannin_ Commission and Cit;Council meetin. that:ertains to the a lication(s). O APPLICANT NOTIFIED OF HEARING DATE: • NO CHANGES AS OF DATE: 6-9-2020 a REVISIONS SUBMITTED DATE: Vacation Properties, LLC Agenda Items 11 & 12 Page 9 Disclosure Statement 1113 Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. IX Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Vacation Properties LLC. If an LLC, list all member's names: Sean Bell Tijuana Bell 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) 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. U Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. U Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business,or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: Sean Bell,Tijuana Bell If an LLC, list the member's names: Page 2 of 7 Vacation Properties, LLC Agenda Items 11 & 12 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 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation' See State and local Government Conflict of Interests Act.Va. Code§2 2-3101 2 "Affiliated business entityrelationship" means "a relationship, other than p" p, parent subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Vacation Properties, LLC Agenda Items 11 & 12 Page 11 Disclosure Statement • APPLICANT Virginia Beach YES] NO SERVICE PROVIDER(use additional sheets if '-, Accounting and/or preparer of J your tax return n ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ El the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Elpurchaser of the subject property LEI (identify purchaser(s)and purchaser's service providers) Construction Contractors n © Engineers/Surveyors/Agents Financing(include current xi mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ u1 ElAgents/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 Vacation Properties, LLC Agenda Items 11 & 12 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information . provided herein two weeks prior to the Planning Commission, Council, VBDA i meeting, or meeting of any public body or committee in connection with this Applica ion. • Tijuana Bell 1/17/20 t APPSic&NT GNA E PRINT NAME DATE Page 5 of 7 Vacation Properties, LLC Agenda Items 11 & 12 Page 13 Disclosure Statement Virginia Beach CERTIFICATION: —? 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 Applica ion. J. Tijuana Bell I 1/17/20 APPLlc&NT NAT E PRINT NAME DAT e'c/8,4-2 do-« Page 5 of 7 Vacation Properties, LLC Agenda Items 11 & 12 Page 14 Disclosure Statement • OWNER Vagina Beach [YES NO1 L SERVICE I PROVIDER(use additions)sheets If needed) n 7 Accounting and/or preparer of I I your tax return n z Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than she Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed flEl purchaserof the subject property I I (identify purchaser(s)and purchaser's service providers) • MConstruction Contractors n 7 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 / X Agents/Realtors for current and anticipated future sales of the subject property t SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n 71 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 Vacation Properties, LLC Agenda Items 11 & 12 Page 15 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. _ I J�GrNL`. l/ 3.18.2020 P PERTY TURE' PRINT NAME DATE y f 3.182020 Page 7 of 7 Vacation Properties, LLC Agenda Items 11 & 12 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Vacation Properties, LLC Agenda Items 11 & 12 Page 17 i:V1 .‘\' - S c \--;1\--\\ scree 4 . .•.- . ' skdril ,t.,,, . 0?_st.tk .e - ___Av.,, ......, ______, _________ ___._. , 0 ....._____ \_____ r,.-- ,.. \ _________—,--. ---------\7',:i----- \`:- ' .y‘,(al1•1: •,), ,,, , ___,.. t __stiff ,.z.,,, ___.„.... ....._____ •,. j,a--- _.-.. .„,, r... ,1 i ---- 1.... --." % .. komlitt, c '\ (41 . !1- :-..--- r ,.____, ... 1:---, ....:5,1_,:.-- .,..._,_______„,„, j , _ . ____:_p,-- \% inn! rf.' .c. ,,,,.„--_.....____#.c. A\ 1!0}e.,-,-,-' \:.. A ., Iii 4;: 1 _) _ ,_7:5t. . .., x _ ., igk __ ‘‘ ,ma `s' Il-It $ r scree • - 41 . • b • ,tt I Nxf � � i - -A . • STATUS _ ;� ;j Approved `ill i '4 _ Gee yA r • Denied1111t �— .` te -- . 0 Under Review • \,:u 10 .--' — • 0 Registered •y /� . a \ Items#11& 12 Vacation Properties,LLC[Applicant] Sean&Tijuana Bell [Owners] Conditional Use Permit(Short Term Rental) 304 28th Street, Units 310&311 May 27,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speaker signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda. Items number 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23. Thank you, Bill. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Townebank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second a motion to approve the following applications agenda items 1, 2, 3,4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. 1 Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corner of Princess Anne Road in South Independence Boulevard,the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham, the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair,I will not be abstaining,but I do need to disclose that I am on a board at Townebank, who is the lender on item number 22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman,the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this item 22, as mentioned by Mr. Graham that mentions Townebank or actually Townebank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: See, no more hands raised the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say,yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr.Alcaraz. Mr. Alcaraz: Yes,thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr.Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 2 Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine, four and zero against with one abstention vote on items one and two by Commissioner Weiner. The following items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling units addressed as 304 28th Street, Units 310 and 311, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be 3 administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events 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). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least 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. 4 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) 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. 5 ' \ _ OR 1 t _��-_1st ,- 0 Ha, Stree ,_- ______— ,..,:zr / ,___-, OR 3 _,y. r- .; I\k / OR _r///X 4 .'--- __-_i o co A 21 st street ,-_- FOR Suite Site Property_Polygons Allen Prince " �� t milZoning 525 21st Street, Unit A Parking Lot Drive Aisle Feet Building 0 510 20 30 40 50 60 / - - , fi-Ti, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ALLEN PRINCE [Applicant& Property Owner] Conditional Use Permit(Short Term Rental) for the property located at 525 21st Street, Unit A (GPIN 24179861780000). COUNCIL DISTRICT — BEACH MEETING DATE: July 28, 2020 • Background: The applicant is requesting to operate a Short Term Rental use in a two-bedroom unit located at 525 21st Street, Unit A. The subject site is approximately 7,800 square feet and is zoned OR Oceanfront Resort District. The maximum occupancy of guests on site after 11 :00 p.m. for the two-bedroom Short Term Rental is six. The minimum number of parking spaces required for this use is one per bedroom, or two spaces in this instance. • Considerations: The applicant's parking plan depicts two off-street parking spaces installed in accordance with Zoning Ordinance requirements for Short Term Rentals. The two spaces are located on the existing driveway and gravel area that has been in place for many years. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit will be limited to two resident passes for each unit; guest and temporary passes will not be permitted while the Conditional Use Permit is active. All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: On May 27, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 525 21st Street, Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. Allen Prince, Unit A Page 2 of 3 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 resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times 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 Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least 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. Allen Prince, Unit A 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.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) 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 RO City Manager: TAAL NBApplicant & Property Owner: Allen Prince Agenda Item Public Hearing: May 27, 2020 City Council Election District: Beach 3. 3 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation -. .e Approval iv _ ** VIII Staff Planner 00011 Deborah D. Zywna �� a Location `i�� 11 525 215t Street, Unit A .,,,, � 1711111 +�,��' MO 1111 GPIN 1411111 24179861780000 111111111.1111lessiow. Site Size ? �lip� 7,883 square feet I. 1.11471011111 0 r • 0011thi , Existing Land Use and Zoning District 1/ Duplex dwelling/OR Oceanfront Resort . 11111111111 ,t -- �- 0 A Surrounding Land Uses and Zoning Districts North 21st%2 Street (Alley) Multi-family dwellings, single-family dwellings/ OR Oceanfront Resort South -' 21st Street t� Duplex dwellings/OR Oceanfront Resort .,-1 ,. i ,€ East ; Duplex dwellings/OR Oceanfront Resort ' ' i West #F f Undeveloped/OR Oceanfront Resort -.. "� a3 a� i S P _ ' , �41 5 µ i,l\r i� g 5 -,"jrS,V,. ' f x * t, it: Allen Prince Agenda Item 13 Page 1 Background & Summary of Proposal Site Conditions and History • The site is a 7,883 square foot parcel located within the OR Oceanfront Resort District. • The property contains a duplex dwelling.The applicant owns both units of the duplex that was constructed in 1951.This Short Term Rental application is only the two-bedroom Unit A. A separate Conditional Use Permit application for Short Term Rental has been submitted for the other unit (Unit B) on the property. • Staff inspected the site on February 21, 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. • There are no zoning violations or City Council actions found on this property. ` 5 } Short Term Rental in the Vicinity reet,„„:„-,411, 1 . , , }}+`A }' ,art.y 1 t,,__„iti:6�� __---c-I-pv._,J,;1--- v. l.'; - -, ', -vs,vi. — E fie} 2.J • 1 y r -rtT`4 t t•7', fir,l_.. y6 ,i' /i 1 �%1}4 Cf n_ 1 %1,~ 4 Jam, \ ° t[' C+I 11G)� ` !F ` 1 c _._.-2. .. r% ii . -. 0.- ' .- tit 1. _ , ~gym ^A 4 t cat - P„tieet ;10'"—*----- t3 C. d,1,-..-----___,Z-1 titia % 2,___.; _____------*... . 4 ",1 N 1 1 fir-, 11 try 1}1_41 M J. STATUS - 'r1 t4 -•�' _ tt 1 ` _�_. •��~ Denied - 4 1-Y, — , [d 4 --- 11 gO •. t t6 O Under Review — % , 4t 1j Be� b.T—�^, 812- th Stf bet d Registered - Allen Prince Agenda Item 13 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request for a two-bedroom Short Term Rental at 525 215t Street, Unit A.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 p.m. (maximum 3 per room): 6 • Number of parking spaces required (1 space per bedroom required): 2 • Numer of parking spaces provided: 2 • The property owner also owns 525 215Y Street Unit B and has submitted a Short Term Rental application for that unit,also included on this agenda. '�� F 1 �• to • _ r= i —i v t - r_OR1 `. _ —`' i Zoning History ' # Request ' 3� 1 ALT(Alternative Compliance)Approved 06/07/2016 t, OR rt rs/ L\_ , s` -; s \- °• 2 ALT(Alternative Compliance)Approved 09/16/2014 OR�� S t `l tt 3 ALT(Alternative Compliance)Approved 09/16/2014 S _ -! s % �� 4 ALT(Alternative Compliance)Approved 06/07/2016 OR -s a nstsu"t Cl 5 ALT(Alternative Compliance)Approved 06/19/2018 p �! p 0 6 NON(Nonconforming Use)Approved 11/28/2000 r ,- yC yy , ti r.,. t gott,st,N` _ 9R Application Types CUP—Conditional Use Permit MOD—Modification of Conditions FVR—Floodplain Variance or Proffers REZ—Rezoning ALT—Alternative Compliance LUP—Land Use Plan CRZ—Conditional Rezoning NON Nonconforming Use SVR—Subdivision Variance STR Short Term Rental STC—Street Closure Evaluation & Recommendation The applicant's parking plan depicts two off-street parking spaces installed in accordance to City Ordinance regulations. The two spaces are located on the existing driveway and gravel area that has been in place for a number of years. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit will be limited to two resident passes for each unit; guest and temporary passes will not be permitted while the Conditional Use Permit is active. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Allen Prince Agenda Item 13 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 525 21st Street, Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. 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 resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times 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 Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least 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. Allen Prince Agenda Item 13 Page 4 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) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign was placed on the property on or before April 27, 2020. • As required by State Code,this item was advertised in the Virginian Pilot Beacon on Sundays, May 10, 2020 and May 17, 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 May 11, 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 May 21, 2020. City Council • As required by State Code,this item was advertised in the Virginian Pilot Beacon on Sundays,July 12, 2020, and July 19, 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 13, 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/Book ma rkedAgenda.pdf on July 24, 2020. Allen Prince Agenda Item 13 Page 5 Site Layout & Parking Plan 20' ALLEY FIN (F)# rri _ it . t Gravel Parking Area 4:- S L 'i ..{. L r Two 9'x18' parking spaces 29 +. ' , 23 ;.- Driveway • 0 ' i ! Lai ri lie. UnitA • y Z a 1 -,,,� j t.3� ENC. i . 70' T. S 7513.28" w 6 ' ttED1TERRAN AVE. 21 st STRET rORMERLY OELAWA AVE. Allen Prince Agenda Item 13 Page 6 Site Photos . e ti er P e 7 c &''lb y, �W p 1 e lit-' - I, tom. r$ "... z 1 --71 , '"`", _.:.1' - _ ,_ -'Air--.*.'s::::,,,_..,,,,,,1_-'.---,... --. ' * '1111111t -S..-f WilAk.-114: :7k.: f, .' Imsaim Allen Prince Agenda Item 13 Page 7 Site Photos A __,..-,,,.: . ,. .. , ,,_ _ . „.... ,.. ..,.._rr r r , „.. ..,.....;„,-..- ,... • , .,._ ., . ,.. , . r 1 • r, , „,,,,..v.- , ,,Je„-„,,L. :s.,:7,-.. -:::-,--,- -- ,-,,---- ., . .,,, „...,:,,..i4„ ,) y ::: .., , i ,.:: _ _ . _ _ — - ,_,r--_ , '''T .+� ,_ , ,.. , ,,.. ,.._ ., . ., ., 41 t „ . ' As w- t, - xV tx',.�.- f'r7• _ „Ak.,;,,,,,45zw.---,,..?:-..% - _ yi - . _,,. ..,.---•..--",.,-',,-.•-"-' ovor..4'. ;-,, , .""` P. Y _ . T Allen Prince Agenda Item 13 Page 8 Disclosure Statement• 4 c s,roview, x"E.. iGv ar•3`` #' • ^�+� Virginia Beath APPLICANT'S NAME 4/fM) P/s/f 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 Dice tion for (EDIP)_ Board of Zoning Encroachment Request Rezoning A Certificate of flood plain Variance Appropriateness Street Closure (Historic Review Boa • 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 dm—locums must be updated two 2)weeks prior to any Page I of 7 flannm�Lomm.ssian and CI,,Council menial;that nertairts to the at.„Ica:;ows) (] APPLICANT NOTIHED OF HEARING PATE J/ NO CHANGES AS OF DArE j REVISIONS SUBMITTED 1AT1. Allen Prince Agenda Item 13 Page 9 Disclosure Statement • Virginia Beach • ' Check here if the APPUCANT__/5_NOT a corporation, partnership, firm, business, or other unincorporated organization I I Check here if the APPLICANT 15 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_?R'it`1 e€: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 ` - ...�........_....d SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. I27-Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER I a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's If an LLC, list the member's names: Page 2 of 7 Allen Prince Agenda Item 13 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers,directors, members, trustees, etc. below. (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means 'a relationship, other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(i)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or Individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Allen Prince Agenda Item 13 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO I SERVICE PROVIDER h seadektlonal sheets If needed) Ed Accounting and/or preparer of El your tax return G/ (0CS 7i)C E 4' C ❑ Er Architect/Landscape Architect/ a...W _-fie S Au.. G¢w r.►os Land Planner !(u},,.ilirvk.r�ec i tnkfeo rG,.A417tr ❑ Contract Purchaser(if other than the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed n Erpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) aConstruction Contractors ❑ Er Engineers/Surveyors/Agents Financing(include current I_ CI mortgageholders and lenders L� selected or being considered to VVcr'o{J /1•0¢-TEA t Cm provide financing for acquisition or construction of the property) ❑ a Legal Services ❑ / Real Estate Brokers/ (U�i' Agents/Realtors for current and subject pedopuertyre sales of the ! _ subject property L 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 Allen Prince Agenda Item 13 Page 12 Disclosure Statement \if/3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disdosure 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. ___ 7S4 ` — — — iV,IA-4 aM Ar. .eV I VI 61//9 APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 Allen Prince Agenda Item 13 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. Allen Prince Agenda Item 13 Page 14 . ,' \- --'. - 'i \ . \ % \\---c_\ kilt _,:\_ __:___I-S- iii '1111:' vk ,,,,,Als; Tt- ji _ ,4.,_ ._ __ ., ,,. \ \\ , _ ,,__ __ ,... ‘ ..., ___ , ,,„ ,\st ____ ti _ ___— - ,sue' , .. ' '6w-e-I--?-'\\ • +v� r ' ~ram~~-r~�i -. - Osd-lt\_,W , \A‘\s.ATT'eet---- ---"' 100---.. i ilp - c.?.. -:-.- ----3 '.. .. Vil 11 IT ' I il ___::_-_-_- _.tei. 01 .a. ' MM. _*tt __-_:- ----- '''S-`1 r ---- . -------=.-- 4 _11111_,--____—:;.,"0.----sikilaWc . '. 4 . i il) ) ----, 1 172--=:iiiiiitailli \ . illi _• 4-- i ,At• - ,p _ _ -_,--_-':-:----z6— gall SS. . ---- ---::----I ' ' /' • --'--"----\----- :4, SA\_s‘‘,,tt' , - t , g_li __.45,.,1..% ...__.)._ -- - 00 tit_ e 1 'f ---lip`' ' • - __----- ___ • „.r...__-----fp ---- lor,..,- ., . _____,.. ....6-.11,rivi t.-.... :-----_—=---- --:----,__,_'_.F:-7-'' ,---------.------ . , Will ---- -----Wilann si ----- -\\\ 1 4... t .,tilr a--AI .0 it ' ------1- . �� .r A _: . STATUS 1 - 1 �, _ -_-- Approved t l —'~ �Denied ' , �t .' ,\1513- ‘ \ \ . _ - ., _------ - ' ' Air . LB\. - '' tee-- p\ ' Under Review 0 Registered \-� : Items#13 Allen Prince Conditional Use Permit (Short Term Rental) 525 21st Street, Unit A May 27, 2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speaker signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda. Items number 1, 2, 3,4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18,22 and 23. Thank you, Bill. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Townebank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second a motion to approve the following applications agenda items 1, 2,3,4,6, 7, 8,9, 11, 12, 13, 14, 15, 17, 18,22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. 1 Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corner of Princess Anne Road in South Independence Boulevard, the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham,the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining,but I do need to disclose that I am on a board at Townebank,who is the lender on item number 22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman,the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this item 22, as mentioned by Mr. Graham that mentions Townebank or actually Townebank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: See, no more hands raised the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr.Alcaraz. Mr.Alcaraz: Yes,thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 2 Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine, four and zero against with one abstention vote on items one and two by Commissioner Weiner. The following items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 525 21st Street, Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. 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 resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 3 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times 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 Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least 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. 4 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) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 5 ,.................................. , \-----\ „ • . . ----- -\ v OR _ - R Street__ ,��_-_ O 2�st Ha `\ 00 "_ \\ \ D //j 1 Set ,(0,0 OR ,., , , 1 it / \, l__ OR _ :_______\ _ __,,,, _ vw- Z. \ co t t rest -- 2As i\ co 2A st street n O R Suite N Site 41&- Property_Polygons Allen Prince \� N E Zoning 525 21st Street, Unit B s Parking Lot Drive Aisle Feet Building 0 1020 40 60 80 100 120 S) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ALLEN PRINCE [Applicant& Property Owner] Conditional Use Permit(Short Term Rental) for the property located at 525 21st Street, Unit B (GPIN 24179861780000). COUNCIL DISTRICT — BEACH MEETING DATE: July 28, 2020 • Background: The applicant is requesting to operate a Short Term Rental use in a three-bedroom unit located at 525 21st Street, Unit B. The subject site is approximately 7,800 square feet and is zoned OR Oceanfront Resort District. The maximum occupancy of guests on site after 11:00 p.m. for the three-bedroom Short Term Rental is nine. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this instance. • Considerations: In accordance with Section 6.1 .2 of the Oceanfront Form-Based Code, alley access for the required parking was recommended. As a result of this, the applicant's parking plan depicts three gravel off-street parking spaces with access from the alley, all in accordance with the Short Term Rental regulations found in the Zoning Ordinance. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit will be limited to two resident passes for each unit; guest and temporary passes will not be permitted while the Conditional Use Permit is active. All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: On May 27, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 525 21st Street, Unit B, and the Short Term Rental use shall only occur in the principal structure. Allen Prince, Unit B 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 resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than 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 Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least 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- Allen Prince, Unit B 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. 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) 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 V`/ City Manager: Mt__ Applicant& Property Owner:Allen Prince Agenda Item Public Hearing: May 27, 2020 r` City Council Election District: Beach 14 L'ity of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation ,7 / Approval A�' 4 i loin Staff Planner 111.1. �'��►1' ► w Deborah D. Zywna � i .,�� • Location III oligamigilik 525 21st Street, Unit B �� +..� � M ig G PI N _ � 10111111111101011 MI ��24179861780000 ` , Site Sizeill'1""'°'' �r`' 7,883 square feet I Ili• • .„„,....0. ,,,,,,,Ath_, li Existing Land Use and Zoning DistrictIII 71-. " Duplex/OR Oceanfront Resortlk A- Surrounding Land Uses and Zoning Districts North 21'%Street (alley) ` Multi-family dwellings/OR Oceanfront Resort akcAlIF at South ► , e , 215t Street '•.; , Duplex dwellings/OR Oceanfront Resort - ,� East Duplex dwellings/OR Oceanfront Resort €` t West � � - t� Undeveloped/OR Oceanfront Resort k a s, ;i.,- ,. ,• d€•� ' 4 Allen Prince Agenda Item 14 Page 1 Background & Summary of Proposal Site Conditions and History • The site is a 7,883 square foot parcel located within the OR Oceanfront Resort District. • The property contains a duplex dwelling.The applicant owns both units of the duplex that was constructed in 1951.This Short Term Rental is for the three-bedroom Unit B. A separate Conditional Use Permit application has been submitted for the other unit (Unit A) on the property. • Staff inspected the site on February 21, 2020 to observe site conditions and take photographs for this report. • The property lies within the Residential Parking Permit Program (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 on the street during the restricted hours. • There are no zoning violations or City Council actions found on this property. Short Term Rental in the Vicinity ‘ - , ,,,, i-c\-1-11, . _,,,_ (.7.-!t•AArii*T•vr•c \iistt--e\i-\, N ' ,,-' '_, I-P- --_-_------- r-`:,,.\--W -t---.' .,_.D.V.,. -'-`1"'A- -1\;\--- \-- Z`th-'rat •.' ' t;(� -\_, `\. • ., f--.....1,-.7../ ---, \ t �,St� t- •�1 5 , • _ 'i ]y1 ttee `�, 4v\. y, ink 1 ti 1 ('1 u �y_ l mod, i -''`-- ' - 0_ `t rA•, _� , it' 1li ._ ,..‘ :'2"---- \ V.--• \--- G '$i ' ' '' '' . .:1\-10i \ I : , 1111111V 1-- \ ?-:_.1_,..,e' \ 0\ ,k , \y 0,,,,....„-, C 1;1 STATUS �� J t 2- 0 Approved !}t — t —jti� Al- r^��'\ _�-'E •.`� 6 �' • Denied — 1 :'�'�' 1 1e t� �V e" d, --{'t A,V`'( \ T1 Y-1�s•Under Review t y )i gG B_ `j1�tstfe . t} Registered —\ +��y[3,t `rTT 1 1s_ } ,, ',� 1 l` Allen Prince Agenda Item 14 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request for a three-bedroom Short Term Rental at 525 21sS Street, Unit B.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 p.m. (maximum 3 per room): 9 • Number of parking spaces required (1 space per bedroom required): 3 • The property owner also owns 525 21'Street Unit A and has submitted a Short Term Rental application for that unit, also included on this agenda. l a d stceet �` � S Zoning History �- s # Request t _�— 3 1 ALT(Alternative Compliance)Approved 06/07/2016 OR r,t " \‘. 2 ALT(Alternative Compliance)Approved 09/16/2014 st� � r� A- � -\H, I 1 OR S _' 1_ ,_L-_ ---- 3 ALT(Alternative Compliance)Approved 09/16/2014 "--r' 4 ALT(Alternative Compliance)Approved 06/07/2016 list � f C 5 ALT(Alternative Compliance)Approved 06/19/2018 _r_ ' s _' \., t 6 NON (Nonconforming Use)Approved 11/28/2000 1 34 —.''�. .r " om' - 2 7,th}iP Sheet V , _ ��-- ..4 , ��__'y_, gOtti stceet - lik 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 In accordance with Section 6.1.2 of the Oceanfront Form-Based Code, alley access for required parking was recommended.The applicant's parking plan depicts three gravel off-street parking spaces located off the alley installed in accordance to City Ordinances,standards and specifications. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit will be limited to two resident passes for each unit; guest and temporary passes will not be permitted while the Conditional Use Permit is active. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Allen Prince Agenda Item 14 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 525 21'Street, Unit B, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Coiuncil. 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 resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than 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 Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least 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. Allen Prince Agenda Item 14 Page 4 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) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign was placed on the property on or before April 27, 2020. • As required by State Code,this item was advertised in the Virginian Pilot Beacon on Sundays, May 10, 2020 and May 17, 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 May 11, 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 May 21, 2020. City Council • As required by State Code,this item was advertised in the Virginian Pilot Beacon on Sundays,July 12, 2020, and July 19, 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 13, 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 24, 2020. Allen Prince Agenda Item 14 Page 5 Site Layout & Parking Plan 20' +ypALLEY y T\ 7613 28� RN (c) 1 i f, (.1 'Pig ,f: � Gravel Parking s = 00#1190i Area ai -. -, le, , 1 i 40 Unit B ! Three 9'x18' parking spaces 2 2, I .*; 4.65' .4, 1 f - l- re :I.: o. oo 1*I 4 t' .Z • 1 3' ENC. 4 g • : /}�j•jam) 1 �fj\ /�'''�`�J r• *• • 1 2 } i 2 1�/ PIN (F) F ,. ,t • PM'/ `r) 70' TO S 7613'28" W 5O.00 MEDtTERRAN AVE. __ _ 21 st STREET {ORAAERI.Y OELA*ARE AVE isQ' Allen Prince Agenda Item 14 Page 6 Site Photos .10 kit Allen Prince Agenda Item 14 Page Site Photos l A laisik-xsubbsw 'IA, *IP ,ii)r -- , ,. 4.... 1,4%14. tom' !� - . , „� -A `�i' z�Argo".11119:':°;r1* ' - '..( •••'`, •Ifi p rA01110, 111""lix ./ _,- -- :i ...4-' ; , , ,.. ` 'o � \� , t ,. `finN', '' 'RY i •. _,,,,_ _ . ,§4.y*-•• -...--:,,,,, R. is 177. # _ _'' ...„- _ - r '� l .,,,,,,,, ,, ,, 1 i rr ,f+ r w .,. �, , - .. .s f r K."."..:� ."� r rMe.r- :.i. ,, f�� ,; �i � .,.. .Ifs _�•yrl h g V .0 , •f' a► '4- 'ram« rj r .- le Allen Prince Agenda Item 14 Page 8 Disclosure Statement :*1 .. '.'!" "C r ; ;" 9 Y • ..Z! } � e ` is$ Ir: _ _.... Virginia Beach i APPLICANT'S NAME /LLM/V g,WI 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 rDisposition of City rModification of by City Property Conditions or Proffers , Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for_ (EOM) 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 J Page I at? Planner.j Lonm ssron and Or Council memo;rha-pertains to the applicationisi APPL1l ANT NOTIFIED OF HEARING DAIL_ /fir 11, NO CHANGES AS OF DATE 1t /D a 76 ❑ REVISIONS SUBMITTED DATE. Allen Prince Agenda Item 14 Page 9 Disclosure Statement 1 V 'SY { fi # .a,- �iuPt4' µ*yH'ygye�y�,� e s u s ,• ,_.r`mania Reach Er— Check here if the APPUCANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_ L lfsl C 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 6 -,...t---s - —4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER 15 a corporation, partnership, firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: l'!PJLy2/ _______ If an LLC, list the member's names: Page 2 of 7 Allen Prince Agenda Item 14 Page 10 Disclosure Statement vis 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 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(1)one business entity has a controlling ownership interest in the other business entity,(II)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business 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,. ..0 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subfect of the application or any_business operatlna 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 Allen Prince Agenda Item 14 Page 11 Disclosure Statement \43--I APPLICANT Virginia seacb r - PROVIDER(use add'don sheets if YES l NO I SERVICE weeded) El ❑ Accounting and/or preparer of G your tax return CS 711'X SefAli cE ❑ a Architect/Landscape Architect/ own! 14e,e 5 . N Ca. , os Land Planner /114-,ei-TcNAwcE s (,r4 Ge.t7 ❑ Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ U purchaser of the subject property j (identify purchaser(s)and purchaser's service providers) ❑ a Construction Contractors Er- Engineers/Surveyors/Agents Financing(include current a ❑ mortgage holders and lenders selected or being considered to -'gibe) > T6-At=t-GL Cm provide financing for acquisition or construction of the property) �7. D LJ Legal Services LioReal 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 j 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 Allen Prince Agenda Item 14 Page 12 Disclosure Statement Iti.13 Vuginia 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 a meeting, or meeting of any public body or committee in connection with this 3 Application. ay, hi ' Au.eJ ac-e- f 1/9/1/9 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Allen Prince Agenda Item 14 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. Allen Prince Agenda Item 14 Page 14 7 �f t '- '' - t V-__;:_:_l_i_jr27.}.-----2---,e-==.:-- --.L-IT, .._c_._ c.---- ------ ,..1,, ‘e-A, \ • \ ,lit "''.: - c____--- le____,,, . \ iiik ____ ''.,, ___-_,..----- ---, (1--;--.aiiiitlimk, ,. ., _Alf 0 r;\'' t0',C---- '. I . -_ — Oc-',---- --- - 1/1111510117 tV' a T. 'i _ , all-T---. . . \ -------------A 111 --- - i" _ \ . ---_-.-_-___'•.-----11* -:tre-l-:.-.;.. \ .. . _ 2 - - � T 3t,d-,-ItiW , `-==____---=may--� � l '�'��e� ::.' -r��i ..1-�— . �` i. r ,--.-___ a. IS. _ ._ _-_-:_-----f._-_,:ativo ,. ., . %i% W '\\ i .,d-S1, a ( } %, 1101111-11 '-. - -----:'nt. ' . ,S --. 4‘t',, 44410,-40-7C-,--1- 0 t a __ ':. _: , :--,,- - ----°'--, 4.''''.--------------- ca ,,... ii.._______ . la ri.____ ...v40 iiiiiiiiiir .0 . . '-'1:4-='Ll------ ' (( Alli .,-,:\. ,,,....„----0 r__,, ;-5,\ ii _ , _....__ -----215_4__.__----- . ''IgLior _.;--:..;--;------------'2"-jligi-itnnif•I‘lm' 0 __ __ _, _,, • , .... .., .... ,___ , . li gat ..4 '‘.. ---- ___ _ - - A P. 1 , . T fir - .L Illikai .-- ----'- ;otst pririPs ..st _ e.„--------'-A ' ili__! \re-A 1.11 3. ____---------i . \ _, , , ,. .,„,___,.., , ,.., , ____ STATUS .....7�- Mik , \ ,,...4., . , ____,,....,„,,,,,---, `. ,,,. , , . - Approved 1 th yl ." • Den ied G 'E-__ .A., tii-- --tree----- - ---61--7- --7-P\ ,r--.111-111111111----- ' ' , ��=� e'er► Under Review k tf 0 Registered __ y JT1 _ ._ ,1`,, L ,It s 1 t Items#14 Allen Prince Conditional Use Permit(Short Term Rental) 525 21st Street, Unit B May 27, 2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speaker signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda. Items number 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18,22 and 23. Thank you,Bill. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Townebank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second a motion to approve the following applications agenda items 1, 2,3,4, 6, 7, 8,9, 11, 12, 13, 14, 15, 17, 18,22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. 1 Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corner of Princess Anne Road in South Independence Boulevard,the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham, the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining, but I do need to disclose that I am on a board at Townebank,who is the lender on item number 22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman,the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this item 22, as mentioned by Mr. Graham that mentions Townebank or actually Townebank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: See, no more hands raised the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes,thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 2 Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine, four and zero against with one abstention vote on items one and two by Commissioner Weiner. The following items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 525 21st Street, Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. 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 resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 3 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 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 Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least 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. 4 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) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 5 OR r n- h B°U,eVard vktgin1a Bear OR 1, CD %� cv 07 w r � \\___ , 10011111 A \ \R-5S n Site Property_Polygons Mission Enterprises, LLC t_ 517 Virginia Beach Boulevard nZoning Parking Lot Drive Aisle Feet Building 012.525 50 75 100 125 150 rSA';l C } l CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: MISSION ENTERPRISES, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 517 Virginia Beach Boulevard (GPIN 24270626510000). COUNCIL DISTRICT — BEACH MEETING DATE: July 28, 2020 • Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a three-bedroom unit on the second floor of an existing mixed-use building located at 517 Virginia Beach Boulevard. The lower level of the building has transitioned from automotive uses to a storage area for adjacent businesses owned by the applicant. The ground floor of the building is not part of this request and will not be accessible by renters. The maximum occupancy of guests on site after 11:00 p.m. for a three-bedroom Short Term Rental is nine. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this instance. • Considerations: The property is in the ViBe Creative District and is zoned OR Oceanfront Resort Form-Based Code District where short term rentals are expected. The applicant is proposing to utilize three on-site parking spaces adjacent to the building for the use of the tenants. The remainder of the spaces within the lot will continue to be used to valet park cars for both a restaurant and event space that is also owned by the applicant. Parking operations in the commercial parking lot can be closely monitored by the owner and employees, as this parking area is not open to the public. All other requirements of Section 241 .2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: On May 27, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. Mission Enterprises, LLC Page 2 of 3 1. The following conditions shall only apply to the second floor dwelling unit addressed as 517 Virginia Beach Boulevard, and the Short Term Rental use shall only occur in the existing mixed use building type. 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 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). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least 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- Mission Enterprises, LLC Page 3of3 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) 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: 7V1L__. 1)/3Applicant & Property Owner: Mission Enterprises, LLC Agenda Item Public Hearing: May 27, 2020 City Council Election District: Beach 15 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval �011.1 - Staff Planner11111111111111 Karen L. Creech V---osilll.i.1110111amia Location 11111 WO.IIOØ 517 Virginia Beach Boulevard 100 114 GPIN .0.W 24270626510000 0 �� Site Sizelari�• le 1110 6,850 square feet 111��l 0 Existing Land Use and Zoning District Mixed Use/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North r� 17th Street {. Commercial/OR Oceanfront Resort South y{ ; L. Single-family dwellings, apartments/A-12 .. Apartment i East .. s, t.. Commercial /OR Oceanfront Resort West � r - V ��' Commercial/OR Oceanfront Resort �, y' m `..1w3 Mission Enterprises, LLC Agenda Item 15 Page 1 Background & Summary of Proposal Site Conditions and History • The 6,850 square foot lot is zoned OR Oceanfront Resort District. • The proposed three-bedroom Short Term Rental is located on the second floor of an existing mixed-use building that was built in 1950. The upstairs unit was as an apartment for many years. The lower level of the building has transitioned from automotive uses to being storage for adjacent businesses owned by the applicant. The ground floor of the building is not part of this request and will not be accessible by renters. • Staff inspected the site on February 7, 2020 to observe site conditions and take photographs for this report. • There is no on-street parking on this portion of 17th Street. • No past zoning violations or City Council actions were found for this property. Short Term Rental in the Vicinity --4\---\----'----i-l - _IC ,,,.,,____,_,- \\.2,\__„..--____rn \ ilv-\v\ i ,c____, tillik -.\-- -U---' 11:111:\__________—\11ir i., - 104"111 1 i Trifirjavi 37 __ •'1 IS to..._ -_-_ - 40,13A______:- t - lt _-,,- Viri 11.---- . - - : . .k. \,,,V_!____c t .) a W t\-3\ 11 1r Co tv� ,e. 0. t, �" r rti, On - STATUS t rt tot eApPrtrwed x Denied ti, �/ I% Q Under Review •''�� _.r Registered 1A,\\4, Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for the second floor of a mixed-use building containing a three-bedroom residential unit. Three on-site parking spaces adjacent to the building will be dedicated for use by the occupants of the unit.The remainder of the parking lot will continue to serve as employee parking and valet parking for the applicant's neighboring restaurant and event venue, resulting in close supervision of the lot. 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 Mission Enterprises, LLC Agenda Item 15 Page 2 • Maximum number of guests permitted on the property after 11:00 p.m. (maximum 3 per bedroom): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided: 3 R•t `, OR Zoning History # Request �s,,;r.. Rf 1 CUP(Small Engine Repair)Approved 04/13/2010 - 40iwi• 6 2 CUP(Eating and Drinking Establishment)Approved 10/7/2014 o •' = '.r = 2 3 CUP(Craft Distillery)Approved 03/17/2015 s ` M 4 NON(Remove garage apartment add single-family ° n dwelling) Denied 10/8/2002 3 A- 2 l� '�h•""t CRZ(A-12 Apartment to conditional A-12 Apartment) ) � V3 P p (� \n` 4 Denied 10/08/2002 R-5S Q 0 St 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 proposed Short Term Rental is located in the ViBe Creative District, five blocks from the Atlantic Ocean. This is an area of the City where Short Term Rental use is reasonably expected. The site consists of a two-story mixed-use building with only the upper floor dedicated to the three-bedroom Short Term Rental unit. The ground floor will be inaccessible to renters.Three required parking spaces will be located on site within a larger gravel and asphalt parking lot. The remainder of the spaces within the lot will continue to be used to valet park cars for both a restaurant and event space that is also owned by the applicant. The parking operations can be closely monitored by the owner and employees as this parking area is not open to the public as a commercial parking lot. No letters of opposition or support have been received. Proof of liability insurance for$1,000,000 has been provided. Furthermore, in Staff's view, all requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Mission Enterprises, LLC Agenda Item 15 Page 3 Recommended Conditions 1. The following conditions shall only apply to the second floor dwelling unit addressed as 517 Virginia Beach Boulevard,and the Short Term Rental use shall only occur in the existing mixed use building type. 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 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). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least 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) underwritten by insurers acceptable to the City. Mission Enterprises, LLC Agenda Item 15 Page 4 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 was placed on the property on or before April 27, 2020. • As required by State Code,this item was advertised in the Virginian Pilot Beacon on Sundays, May 10, 2020 and May 17, 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 May 11, 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 May 21, 2020. Mission Enterprises, LLC Agenda Item 15 Page 5 City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 12, 2020 and July 19, 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 July 13, 2020 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/Bookma rkedAgenda.pdf on July 24, 2020. • Zero letters of support/opposition have been received by Staff noting concerns related to these Short Term Rental Units. Mission Enterprises, LLC Agenda Item 15 Page 6 Site Layout & Parking Plan THIS IS TO CERTIFY THAT 1. ON DEC 17. 2019, SURVEYRD THE PROPERTY SHOWN HEREON AND THAT THE TITLE LINES AND PHYSICAL IMPROVEMENTS ARE As SHOWN HEREON. THE IMPROVEMENTS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTRER BUILDINGS EXCEPT AS SHOW;. SIGNED: i .iro-"IP' 4---.• NOTES: I) 111E P110Pu rY 5N0111. HI Rf(;N AOPLAR5 TO ut t+ 'x' (s.AD( ) FLOOD zaNt ACC'OROING TO F.E.M.A MAP PANEL M0 5150 X-0126G fIEWSED .m. 16. 2015. 7) THIS 91JR1iEY WAS P[RFORMEG 111T110UT PC 9FJEfr cc a mu iv-AT, MO MAY NOT 9401V aKY/Aii EASDAD4T5 ftCTNG 1WE P1KPERTY 3) MS ORA11162 15 MACE TO THE CAION& PutO+AStaR Of THE WWI'. AND 15 M07 1RAN6PERAO.f To AQ(A SOMA& eg511TU DONS OR SUITSIEOUDft 0001013. I LOT.w1 r-' I OT 9 ;, oar our LOT 11 ,sh1 , tr Out 5000' .. . . !�-�� il �_ Ow — as 0S OUT - 1� PT .,• OP •..•� ' rfaD�E LOT ti LOT 1 ,+, .f is 2 If CL - .OT 10 'I GL'L . q �i� {utkl S 4 ♦ [ l 04- fiTi ei4k r WO( r 4 V11trt uty( C'('"4 ORAvQ E 3 V)UL 'LNCE—' PHYSICAL SURVEY ASP1U6LT OF LOT IC MAP NO. 2 VIRGINIA BEACH VIRCiSIIA BEACH, VIRGINIA as OUT Q Pp FOR „i MISSION ENTERPRISES, LLC 1 ioo.oc To o.t y- T 5000' J Of 114.1IC AK. p�pg� —— _ J Gw 0 14 off► ' ►+. Nib nrw it. .A r. Mission Enterprises, LLC Agenda Item 15 Page 7 Floor Plan t t and Fluor (A6(i e V g R I B BATOPork KJTCNEN cool BEDROOI'1 4 LIVIN6 BETAOM tax note Pvwns+clas .19 ,not otec ess,tole cvnol 1.14-ihud So►e �. Cu( Ste(af. . Mission Enterprises, LLC Agenda Item 15 Page 8 Site Photos . - '� s•` - f 1 F .:c ,4 .cam - - '- J' � it • f. ill. '14 r - tF.. M f . fir' 1 ,l �j �k ... k •, — . It . ' ; Mission Enterprises, LLC Agenda Item 15 Page 9 Disclosure Statement A/13 Virginia Beach APPLICANT'S NAME ItAi1/210K ErfcfpriSGS DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property ( Disposition of City I Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for i (EDIP) __ Board of Zoning Appeals Encroachment Request Rezoning -- -- - -- Certificate of Floodplain Variance Appropriateness , — -- Street Closure (Historic Review Board) ' Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board ^_ — Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 0 APPLICANT NOT IF IF -ATE ® NO CHANGLS - 'ArI 6-9-2020 F•- v (..Cce<.f� ❑ S Mission Enterprises, LLC Agenda Item 15 Page 10 Disclosure Statement Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Rir Check here if the APPLICANT /S a corporation, partnership, firm, business, or other unincorporated organization.� (A) List the Applicant's name:_P4 szit uY Vyrk-zi_?rt-S If an LLC, list all member's names: /VA C7%tS.I t i des nneAs n Tr tyttth � LPL Cvtac1 u ► 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 relationshipat with the Applicant: (Attach list if necessary) viOl'CY' C%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. 0 Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization ❑ Check here if the PROPERTY OWNER 15 a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Mission Enterprises, LLC Agenda Item 15 Page 11 Disclosure Statement er- 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) I "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va Code§2 2-3101 2 'Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§ 2 2-3101. 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 Mission Enterprises, LLC Agenda Item 15 Page 12 Disclosure Statement 9... APPLICANT Virginia Beach 1 PROVIDER(use additional sheets if YES NO � SERVICE needed) J 1 /I Accounting and/or preparer of � ) your tax return 2 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than El ✓IY the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property 1-1 (identify purchaser(s)and R/ purchaser's service providers) Construction Contractors LyEngineers/Surveyors/Agents Financing(include current I mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) i r/ Legal Services Real Estate Brokers/ Agents/Realtors for current and I I anticipated future sales of the I subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO ' Does an official or employee of the City of Virginia Beach have I I an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Mission Enterprises, LLC Agenda Item 15 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 G(Jvt le-VIC-hiw GOACtai A 1 f L.j2o APPLICANT'S SiGNAWJRE PRINT NAME DATE J i'ags 5 of 7 Mission Enterprises, LLC Agenda Item 15 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. Mission Enterprises, LLC Agenda Item 15 Page 15 10.-11- '1 .---. -----. - -- 1.----- ' \t ,,� S ree r i, 2, \.„., \\___________T _ -- = stung' �- 5 _ , s0 ____ , ._ \ . $ . .., . ,. : _ ----. \ ''. \ '' — - '' . A % '';-------\ tic 400 ',.0,,t2_,-13,5L., .000-)k-../.'1 _ - - c:-C-Dc. vq:-....,. ' ,------------- . , ...:, . '. '',,__, - ____-:,------c. ,,_ i • \V_------ --'-°4- - 1,, •. .: _____,- 3- - ),) V k C- -.' ' jiiiiligrflaCk--1 i - 1100.0 , 1 it-CSC:ill 1\:\ .. ' -- _..__...._,..._._____I_:_______ -_,.._.____—:_..._.•-——._______....._______.._.........___..,____e____..._____.........„_........____,_..e. 1 \V . . . --;" - _______:,,,'. „_______.--_-_—_—?:-;---3—.1 \\ \ \-,_, ee --- - - lat. \,, _g„T.---iita i k 'Si _ , - ---- - tt 1M 111W10011\_ - *a-- c.._-4 Yim ',11111 0 pc"—.'.'\_.._- ___----- ‘\ ' 0 '' . T..:: \\ _____.:::_-_:::=_- - N _A es WI\lippli, ''s- :4----5: og I' \, � JJWil4r.; !tr • //* ' 0 t--� r STATUS - a-t1s r Irs tit4--",-eof-',i ,4 ___0--....m,i.. • Approved , \1.p ,�= - ♦„ Denied ,i, \ . NI Under Review 4. r , 011. ti} 0 Registered = .,0011 _-f Items#15 Mission Enterprises, LLC Conditional Use Permit (Short Term Rental) 517 Virginia Beach Boulevard May 27, 2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speaker signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda. Items number 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18,22 and 23. Thank you, Bill. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Townebank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner,have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second a motion to approve the following applications agenda items 1, 2,3,4, 6, 7, 8,9, 11, 12, 13, 14, 15, 17, 18,22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. 1 Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corner of Princess Anne Road in South Independence Boulevard,the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham,the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining,but I do need to disclose that I am on a board at Townebank,who is the lender on item number 22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman,the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this item 22, as mentioned by Mr. Graham that mentions Townebank or actually Townebank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: See, no more hands raised the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr.Alcaraz: Yes,thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 2 Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine, four and zero against with one abstention vote on items one and two by Commissioner Weiner. The following items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the second floor dwelling unit addressed as 517 Virginia Beach Boulevard, and the Short Term Rental use shall only occur in the existing mixed use building type. 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 3 Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times 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). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least 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. 4 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) 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. 5 i 1 Lli 0 0 0 --_ cts o A-12 r--, u L , ,--_____T r L___ __ L_ ,____________ A18 A-24 _ A-24 , , r, // _ / / Ter � 1 ____��_ -� ____ l an --�1 aryianu Avenue rA=24,_ Site �4 ��" Janet Marino \I\ ' Property_Polygons 951 Maryland Avenue Zoning S Parking Lot Drive Aisle IMMIII=Feet Building 0 510 20 30 40 50 60 , y, carA 4(i l• Nfr✓ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JANET MARINO [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 951 Maryland Avenue (GPIN 2417834418). COUNCIL DISTRICT — BEACH MEETING DATE: July 28, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental on a 1 ,427 square-foot parcel on property zoned A-24 Apartment District. The lot contains one townhouse dwelling. City records note this unit as having two- bedrooms. The maximum occupancy for guests on-site after 11 :00 p.m. for a two- bedroom Short Term Rental is six. The minimum number of parking spaces required for this use is one per bedroom, or two spaces in this case. • Considerations: This property is located in the Shadowlawn neighborhood. The subject two- bedroom townhouse is one unit in a row of eight. The two required off-street parking spaces are located in front of the dwelling. Due to the development pattern of the neighborhood, on-street parking is limited in this section of the neighborhood; however, all required spaces can be accommodated on the property. All other requirements of Section 241 .2 of the Zoning Ordinance regarding Short Term Rentals can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: On May 27, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 951 Maryland Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be Janet Marino Page 2 of 3 administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events 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). 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. Janet Marino Page 3 of 3 11.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • 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 '7Ql City Manager: /MC— NBApplicant& Property Owner: Janet Marino Agenda Item Public Hearing: May 27, 2020 City Council Election District: Beach 17 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation ",,✓' \-- Approval ,--- Staff Planner "a""� -110.4--i Kevin Hershberger S1.110 Location 951 Maryland Avenue 01111011 GPIN 2417834418 Site Size .111111...— 4: 1,427 square feet J ‘ Existing Land Use and Zoning District Townhouse/A-24 Apartment Surrounding Land Uses and Zoning Districts North Townhouses/A-12 Apartment ;"� South ;..«.� , . _,t''�' . .. _ c . , Maryland Avenue ' ` - - ', Townhouses/A-24 Apartment po . t.) i_; ,lkot, . x . East }_ ` Townhouses/A-24 Apartment 1 ~Itt # "%' . West - N r Townhouses/A-24 Apartment ' Fr". Janet Marino Agenda Item 17 Page 1 Background & Summary of Proposal Site Conditions and History • This is a 1,427 square feet lot that is zoned A-24 Apartment. • The site is developed with a townhouse dwelling. • According to City records, the townhouse was built in 1973. • Staff inspected the site on February 6, 2020 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Maryland Avenue. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. Short Term Rentals in the Vicinity \'4C: --- yolk Av a' e U ' 1 . los IA c�.;) o DWI111. Aram �\ 1 : ' ��1i Is ISSOIC 40 WO 1 u10 10 0 /t///0 g 0W.O1NHM. /', /t j/\- • SOS ri" - STATUS • Approved ] ,(0 , ..Aar 1 ;V. V. .,,, u il Q Under Review ] L 1 , Q Registered J ��— . OSS 1 .C, \\ \ ( \ \ 1 .w-,--% Summary of Proposal Janet Marino Agenda Item 17 Page 2 The applicant submitted a Conditional Use Permit request to operate a two bedroom Short Term Rental 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: Two • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): Six • Number of parking spaces required (1 space per bedroom required): Two • Number of parking spaces provided on-site: Two i 1----' I-_ill , t.I... p 12. R 1 Lana.Ena way ,tea Circle Zoning History �V I12 # Request �, _i 1 STR Approved 02/04/2020 i IIr 1Z# I ` Ill� + rrri 2 STR Approved 02/06/2020 Angier Lane L r ) 7 r,,,iLI �C c ( ilitar r 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 applicant is requesting a Conditional Use Permit for a Short Term Rental on this 1,427 square-foot parcel located in the Shadowlawn neighborhood. The subject two-bedroom townhouse is one unit in a row consisting of eight townhouse units. The layout of the typical townhouse has the parking being accommodated between the front edge of the dwelling and the right-of-way. There are two parking spaces located in front of this dwelling. Due to the development pattern of the neighborhood, on-street parking is limited. All other requirements of Section 241.2 of the Zoning Ordinance regarding Short Term Rentals can be reasonably met. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions Janet Marino Agenda Item 17 Page 3 1. The following conditions shall only apply to the dwelling unit addressed as 951 Maryland Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. 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 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). 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. Janet Marino Agenda Item 17 Page 4 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 April 27, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 10, 2020, and May 17, 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 May 11, 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 May 21, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 12, 2020 and July 19, 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 July 13, 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 24,2020. Site Layout & Parking Plan Janet Marino Agenda Item 17 Page 5 0.4' OUTIrt/- 1.1' OUT 0.6' IN 0.1' OUT (— VAR, M 0.1' OUT r410,11, rAA. oN uNE al i c)- ON UNE •..;••'. ON i iNE COITION WALL IA "'--- C01 u ON WALL a SITE 1 A * �--- Townhouse Co te) .� co 1 141 �h�^ ryN IV ••• Pd 2 TV . ' iii 7O . 1-• W • • • U, . g 0 0 2 Surface co N Z f -c/F.; parking NAILS) Spaces 18.00' NAILS) i 32.39' NO P.I. OF MAIN ROAD N7175152•W 1— 26' UTI ACCESS 41ARYLAND AVENUE 1d.8,92 (50' R/bV) Site Photos Janet Marino Agenda Item 17 Page 6 a ;. 3 1 4. oam. ir f 1 ----.., ad o- << i is 4' ....„ . - Disclosure Statement Janet Marino Agenda Item 17 Page 7 Virginia Beach APPLICANT'S NAME Jt 11-/forira 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 I Lease of City Property Subdivision Variance Board __ Conditional Use Permit License Agreement Wetlands Board e _ The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, • 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 meetin. that,ertains to the ap:ilcation(s). jer"Civet APPLICANT NOTIFIED OF HEARING DATE: ' fp NO CHANGES AS OF DATE: 1 e' REVISIONS SUBMITTED DATE: `/2/2c, Disclosure Statement Janet Marino Agenda Item 17 Page 8 �YV! Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only it property owner is different from Applicant. 111 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 Disclosure Statement Janet Marino Agenda Item 17 Page 9 cays 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 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. $ 0 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Disclosure Statement Janet Marino Agenda Item 17 Page 10 APPLICANT Virginia Beach YES NO L SERVICE 1 PROVIDER(use additional sheets If needed) i l Accounting and/or preparer of ' your tax return n ❑ Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than nthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchasers)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing(include current mortgage holders and lenders 1`7" /it ft selected or being considered to provide financing for acquisition or construction of the property) E ✓� Legal Services 1.7 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 n an interest in the subject land or any proposed development Li 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 Disclosure Statement Janet Marino Agenda Item 17 Page 11 N/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 Application. APPLICANT'S SIGNATURE PRIM NAME DATE Page 5 of 7 Next Steps Janet Marino Agenda Item 17 Page 12 • 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. Janet Marino Agenda Item 17 Pane 13 ( f V:::\ ‘--j-77.---moir---- ' __ ''cep 0 'a .� = e --� a,—,, �`� - —� _ __- .� �,� IV:..,, • 1 c osi $--.. 0 ..... '-. - Z ---- \ -k 0 -Of- " va"-- Via 01110'.' .1.-.:.. S 0 . . t w irki_. _77:- .------T III1 iii*., dolli 0 .. :_., Q CL Z _" 41,1 4 �1Mj- l r/ . ,,,ay. 0 'a. EIIVØSs _ tud: A --_:-...:. latilibillika k '1 ---- lits cc ii, ; S _.s IA • Urn Q Se ; . w °C ON\NN A •__, z V / EE l Q �\ , eM mono ys,aew C Y�1' r 2 N N I/� LJJ N. G� A ii .1 z Qf -1 1----1 1--17 {„, _._ m a /+4 qa c -D 0) I 4 Cl) .2 3 Q T IJ -Ma1:rlI,SJe — Items#17 Janet Marino Conditional Use Permit(Short Term Rental) 951 Maryland Avenue May 27,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there is no speaker signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda. Items number 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23. Thank you, Bill. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Townebank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second a motion to approve the following applications agenda items 1, 2, 3,4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. 1 Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corner of Princess Anne Road in South Independence Boulevard, the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham, the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining,but I do need to disclose that I am on a board at Townebank, who is the lender on item number 22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman, the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this item 22, as mentioned by Mr. Graham that mentions Townebank or actually Townebank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: See, no more hands raised the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes, thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 2 Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine, for and zero, against with one abstention vote on items one and two by Commissioner Weiner. The following items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 951 Maryland Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. 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 3 Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times 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). 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. 4 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 5 -..N\LN, A-12'----.. ....%%\ r- I .___J, ' .° co 0/4/ A-18 A—,12 "I" 1 it NN,/, / 4. „ /".,,c 7.///p/ / , r A-12Y /�N ;' '> `'.,,` :/ r/ Site \\ � f Property_Polygons H M C, LLG5/ 4669 Merrimac Lane Zoning Parking Lot Drive Aisle Feet Building 0 510 20 30 40 50 60 fi cil))4°-4 11/4 CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: HMC, LLC [Applicant] MINH VOUNG [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 4669 Merrimac Lane (GPIN 1478318103). COUNCIL DISTRICT — BAYSIDE MEETING DATE: July 28, 2020 • Background: The subject property is an approximately 4,238 square foot parcel zoned A-12 Apartment District located in the Bayside 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 permitted 24-hours per day; therefore, any overflow parking beyond the minimum parking spaces could occur within the public street. As the subject unit contains three bedrooms, three off-street parking spaces are required. The maximum occupancy for guests on-site after 11:00 p.m. is three people per bedroom, or 9 people in this case. • Considerations: The subject three-bedroom townhouse is one in a row of nine. There is ample space on the site for the three required parking spaces to be stacked in the driveway. Due to the development pattern of the neighborhood, there is limited on- street parking spaces available. All requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: On May 27, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 4669 Merrimac Lane 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. HMC, LLC Page 2 of 3 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events 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). 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. HMC, LLC Page 3 of 3 11 .No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. ■ 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 R9 City Manager: OW--, Applicant: HMC, LLC Agenda Item Property Owner: Minh young �' Public Hearing: May 27, 2020 18 ciru r City Council Election District: Bayside Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner ) 1111k it' Kevin Hershberger A . Location ' � 4669 Merrimac Lane ftri 10010 GPIN 11,40,11.# 4116/ 8103 Site Si 1 Site Size �� 14 4111 4,328 square feet jr 7/10 101.11111 Existing Land Use and Zoning District Townhouse/A-12 Apartment Surrounding Land Uses and Zoning Districts North Marshland/A-18 Apartment South Townhouses/A-12 Apartment East Marshland /A-18 Apartment West Merrimac Lane Townhouses/A-12 Apartment ,4. • HMC, LLC Agenda Item 18 Page 1 Background & Summary of Proposal Site Conditions and History • The lot is 4,238 square feet and zoned A-12 Apartment. • The site is developed with a townhouse dwelling. There are nine townhouses in the row. • City records indicate that this townhouse was built in 1985. • Staff inspected the site on February 6, 2020 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day, therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. Short Term Rentals in the Vicinity # /\///- • ,ffe, , * 0 ok.v-4._ts Vr 101114-uk *4' -111S4 ♦ emu via i — C �i CAP e = �� •rr.r. /jM . ■ ' SS ■ .•'i4aIIIIINca . , ` ts !Aim 604 :�_ ■ r ►� 1 WO • STATUS ..I• 4-1 • fpPrwed •a • Denied giV - 1 1' *. ,'ram Q under Review = i Zi&—.7%,�.� O Registered . r HMC, LLC Agenda Item 18 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a three bedroom Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: Three • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): Nine • Number of parking spaces required (1 space per bedroom required): Three • Number of parking spaces provided on-site: Three • 4— n Altai; No Zoning History to Report MMAMe N. l l J R,' 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 4,238 square-foot parcel located in the Bayside Villas subdivision. The subject three-bedroom townhouse is one unit in a row consisting of nine townhouse units. 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.There is ample space on the site for the three required parking spaces to be stacked in the driveway. 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 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. HMC, LLC Agenda Item 18 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 4669 Merrimac Lane 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 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). 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. HMC, LLC Agenda Item 18 Page 4 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 April 27, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 10, 2020,and May 17, 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 May 11, 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 May 21, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 12, 2020 and July 19, 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 July 13, 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 24, 2020. HMC, LLC Agenda Item 18 Page 5 Site Layout & Parking Plan / k=,x 5 4413'16- W 65� WE ONPRt1P#F?), . t +4.1.'17_ / t -.. i' ( 1 , s FOUND / • 8' A. 70' rRA.M( SHFC) for t5 /} it_ ., ?0' t -: ( ikt st78 31 8103 f. . / ' I1 / I a2. i / ! BU4 D/N6 CORNER IN PROPER COYiRfD PATIO •j ti :,� Townhouse -p co El A - SIP. tift .1). ,.' ti b'll•P 3 Surface ARC `' Parking W/AY BOOK Mt� �Mt PAGE ♦ , spaces PiN f 0=fili) I S (Y. �4). w : 'Ili 140( rolj JY tn a FEN % ��. 4 N w F/(TCR '• ♦ \ $e PIN F Ot*40 * rrow pr rr fttmi rin 4 '', Merrimac Lane 114 MLhWINAC LANE Mr)} :Ar loco+ i3 t ' r1Ar MAP Hirt 171 PAGE 7 HMC, LLC Agenda Item 18 Page 6 Site Photos '- -----.' ' A es =� i \ r {4 f1 ' r....44:Ce ii.A' it}it 0, >a,,i .............. t\ . VW- rw . - ' I4 VAZ i I L j 4, f. HMC, LLC Agenda Item 18 Page 7 Site Photos /----iA.-' 27.,..7. .. . , 4 , • _ 1 ,...__ . _..,.... ,, ,„. , ..... ... ,„. ,. .,‘,...., _ :,...,, , , 440474;1 "•• 4 " _ '1 , e- ';;;; ..' ' -' _*.': •‘A' - 't- ,.„--...-. =-•.-_ .,1 1 •'lb , • ...••- -, - . . - . _,., ., - .."." -- --P"'''''' --ItY A . _ i ..• _ ..0 , '1'--- 4011 .41. *.- /-1144., 1 _ ' , 461c., .... :: . ' • IK,4_ I - - C,.„1 - .. -- t, •r„,:,:, .... •, "...:... -# • '1 .Ye 4... 1 _ I . '3.. IIIt ---- ----,, •1 — - _ AIM HMC, LLC Agenda Item 18 Page 8 • Disclosure Statement 1/11/3 Virginia Beach APPLICANT'S NAME N ,diC. , DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers_ Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce tion for (EDIP) _ Board of Zoning Encroachment Request Rezoning A eels 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 1 !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 • 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). // Ay 3 APPLICANT NOTIFIED OF HEARING DATE: se 00 cam! i NO CHANGES BASM I 4 DATE: �!//y,�/� ///--- / REVISIONS SUBMITTED DATE: //J,2fJ HMC, LLC Agenda Item 18 Page 9 Disclosure Statement liA/B Virginia Bench n 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:__I1ili_J,..I�C If an LLC, list all member's names: Lkur) 4'Cj M,knh \/Upr1L If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only f property owner is different from Ap_pficont. Check here if the PROPERTY_OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. X Check here if the PRO PERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. n/� ah 1 (A) List the Property Owner's name:__L'li[ _UQcit2. If an LLC, list the member's names: h 1/4..)c,n9 Page 2 of 7 HMC, LLC Agenda Item 18 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when (i) one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Codes 2.2-31 01 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 HMC, LLC Agenda Item 18 Page 11 Disclosure Statement APPLICANT Virginia Beach YES J NO SERVICE i PROVIDER(use additional sheets if needed) EZAccounting and/or preparer of your tax return u .L Architect/Landscape Architect/ Land Planner — Contract Purchaser(if other than the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed I I ® purchaser of the subject property I I (identify purchaser(s)and purchaser's service providers) NIConstruction Contractors n [7 Engineers/Surveyors/Agents Financing (include current Un;fat Wholesc;le pr ne ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) u IN Legal Services — — — Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property _ J i4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Ej 40 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 HMC, LLC Agenda Item 18 Page 12 Disclosure Statement V Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is t 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. ( - � E-t(IV I-1 rlti t)ucw Cc 1-G 2 11PPUCANTS SIGNATURE _ PRINT NAME DATE Page 5 of 7 HMC, LLC Agenda Item 18 Page 13 Disclosure Statement wV13 OWNER Virginia Beach N� SERVICE j PROVIDER(use additional sheets If YES J needed) Accounting and/or preparer of your tax return n xi Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed gpurchaser of the subject property l�� (identify purchaser(s)and purchaser's service providers) E Construction Contractors 2( Engineers/Surveyors/Agents Financing(include current United WhoeSo_le' PiorttS a e mortgage holders and lenders JuueYt-NoncJ Lootd selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Real Estate Brokers/ f�l ® Agents/Realtors for current and I I anticipated future sales of the Lubject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have r ' Ei an interest in the subject land or any proposed development u contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 HMC, LLC Agenda Item 18 Page 14 Disclosure Statement c-V:Ar 4,. 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. _ __ ff ' k1HN a i Jtpvt44 t—b— PR©PERTY OWNER'S SIGNATURE PRINT NAME DATE 21 Page 7 of 7 HMC, LLC Agenda Item 18 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. HMC, LLC Agenda Item 18 Page 16 r Items#18 HMC, LLC[Applicant] Minh Vuong[Owner] Conditional Use Permit(Short Term Rental) 4669 Merrimac Lane May 27,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are is no speaker signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda. Items number 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23. Thank you, Bill. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Townebank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second a motion to approve the following applications agenda items 1, 2, 3,4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. 1 , Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corner of Princess Anne Road in South Independence Boulevard, the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham, the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining, but I do need to disclose that I am on a board at Townebank, who is the lender on item number 22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman, the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this item 22, as mentioned by Mr. Graham that mentions Townebank or actually Townebank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: See, no more hands raised the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes, thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 2 • Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine, for and zero, against with one abstention vote on items one and two by Commissioner Weiner. The following items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 4669 Merrimac Lane 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 3 Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times 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). 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. 4 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. 5 tiR_5.13 0 Dale C MI � ''' �• ' " � RL51s1 oo0 ' s ;I- 4 R5 - 0 ricr-z7 ,,,,, / l'' '''''--,.-€3 -s, (Vs 1 L__ \ 7 5' Pinewood Drive ,5 / R-T=3 RT-3 //� i ./r"-& / 4,• --,,.,,,, ,/ / , A, op Notto rfolk Avenue Avenue v-- ram'__,._ l \ \ _ ‘, ___ 1 _____ -1----- _' A-12 ,,----\ \ \\_,-----, s-----\--, ________, ��' Site Arica Atkins & Melvin L. Atkins, Ill " \•1:' I 1 Property_Polygons Zoning 598 Pinewood Drive, Units 203 and 208 Parking Lot Drive Aisle Feet I Building 0 1530 60 90 120 150 180 Cy. fF (= psi `it` vr� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ARICA ATKINS & MELVIN L. ATKINS, III [Applicant & Property Owner] Conditional Use Permits (Short Term Rentals) for the property located at 598 Pinewood Drive, Units 203 & 208 (GPINs 24270434561041 & 27270434561046). COUNCIL DISTRICT — BEACH MEETING DATE: July 28, 2020 • Background: The applicant is requesting Conditional Use Permits for Short Term Rentals in two condominium units situated within an 18,469 square foot parcel that contains 16 dwelling units. The property is in the RT-3 Resort Tourist District. City records note Units 203 and 208 as having one bedroom each. The maximum occupancy for guests on-site after 11 :00 p.m. for a one-bedroom Short Term Rental is three (three for Unit 203 and three for Unit 208). The minimum number of off-street parking spaces required for this use is one per bedroom, or one space for each unit in this instance. The property is also within the boundaries of the Residential Parking Permit Program (RPPP) where on-street parking is limited. • Considerations: The site is located approximately 0.5 miles from the public beach of the Atlantic Ocean. The applicant's parking plan depicts the two required off-street parking spaces; one for Unit 203 and one for Unit 208. Along with the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals and as the site is located in the RPPP, a condition is recommended that limits the number of RPPP parking passes to two residential passes and further prohibits the issuance of guest permits and temporary permits through the program. Additional details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. There was one speaker at the Planning Commission public hearing who noted concerns relating to lack of on-site security and poor lighting on the condominium property. Six letters of opposition and one letter of support were received by Staff. However, on July 22nd one of the letters of opposition was retracted. The concerns identified in the letters include, proposed use conflicts with existing condominium documents (claimed prohibition of Short Term Rentals), potential for excessive noise and other nuisance violations, likely increased pedestrian and vehicle traffic, possible reduction in property values, changing the neighborhoods character, and an overall aversion to Short Term Rental use in the community. Arica Atkins & Melvin L. Atkins, Ill Page 2 of 4 • Recommendations: On May 27, 2020, the Planning Commission passed a motion to recommend approval of these requests by a vote of 9 — 0. 1. The following conditions shall only apply to the dwelling units addressed as 598 Pinewood Drive (#203 and #208) and the Short Term Rental use shall only occur in the principal structures. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events with more than the permitted number of people who may stay overnight (number of bedrooms multiplied by three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property 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 Arica Atkins & Melvin L. Atkins, Ill Page 3 of 4 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 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. 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. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Arica Atkins & Melvin L. Atkins, Ill Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning —k)7 Manager: ///4L Applicants & Property Owners:Arica Atkins & Melvin L. Agenda Items Atkins, Ill Public Hearing: May 27, 2020 2� I i City Council Election District: Beach Virginia Beach Requests #20 Conditional Use Permit (Short Term Rental)-598 Pinewood Drive, Unit 203 #21 Conditional Use Permit (Short Term Rental)-598 Pinewood Drive, Unit 208 IllijSlr rr si __ r • Staff Recommendation ' Approval • +�5 � ` Staff Planner William Miller 11111=111111 offio gm inalpili 0 Location 'MI I% it Ill 598 Pinewood Drive, Units 203 and 208 PIPrs GPINsWili 24270434561041 & 27270434561046 �IOW � 11 Site Size 18,469 square feet ��1001rI. - 111111111P.-*WO Existing Land Use and Zoning District wi Multi-family dwellings/RT-3 Resort Tourist Surrounding Land Uses and Zoning Districts ' North r _ % A - - Pinewood Drive *Ord 1 _ r� Semi-detached and duplex dwellings/ R-5D �_ ' j• " .' Residential . South '�"-. �. 4 tit r ,,i Y City parking lot . '�. f t East '3 4 ',r-, ` t `` ,,, • Multi-familydwellings/A-24 Apartment -' ....., g p 4 West _ . _.,^: / Single-family dwellings/ R-5S ResidentialPIIIII....r . ,''')113‘.':%.... ‘t.,-T. ?; PI: d" . ellru l' ' Arica Atkins and Melvin L.Atkins, Ill Agenda Items 20 & 21 Page 1 Background & Summary of Proposal Site Conditions and History • This property is approximately 18,469 square feet and is located within the RT-3 Resort Tourist District. • The site is developed with one building containing sixteen condominium dwelling units. • According to City records,the building was built in 1984. • On April 18, 1983, City Council granted a Rezoning on part of the subject property from I-1 to B-4 Resort- Commercial, which is now referred to as RT-3. The rezoned portion of the lot was then merged with abutting B-4 Resort-Commercial property to the east. In 1984, the multi-family dwelling structure on the site was built under the City Zoning Ordinance requirements at that time, which permitted multi-family dwellings in the B-4 Resort- Commercial District. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • 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. • Staff inspected the site on February 7, 2020 to observe site conditions and take photographs for this report. Short Term Rentals in the Vicinity • y►r cc-Do*� _ �e - a 111N ilto - a,.6._ , )1:v-3-C1- �} `�11•.1 :VI II all 0 an .1/ p 111111 WO a v L, k u• j S ` T MI lr �� litgaa10.0011.as el !STATUS ► 1 Q APPrwed n 1 • Oen bed �...' 1 a ,►, Q Under Reuben alit r �,. o Registered ► _._._. n OS 1� Arica Atkins and Melvin L. Atkins, Ill Agenda Items 20 & 21 Page 2 Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for two condominium style dwelling units 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. 598 Pinewood 598 Pinewood Drive/Unit 203 Drive/ Unit 208 Number of bedrooms in the Short Term Rentals: 1 1 Maximum number of guests permitted on the property after 11:00 pm 3 3 (maximum 3 per bedroom): Number of parking spaces required (1 space per bedroom required): 1 1 Number of parking spaces provided: 1 1 Square footage of units (as per the City Assessor's record) 587 587 k-6U ----�- f `i ,SS - 4 L b Lai.0.a 5 _��C fis, n .__. 3 Zoning History I1-2A a '�"' — Plnt.�oal. ,_ # Request �: 4. e °24 pii 1,� 1 REZ(I-1 to B-4 Resort-Commercial)Approved 04/18/1983 :j y \leih Lleik.- Lit-q 2 CRZ(I 1/R5 D to A 24)Approved 02/12/2002 L 3 REZ(A-12 to RT-3)Approved 01/23/1996 Norfolk A e.e A c-- A 4 STR(STR requests for four units) Pending City Council '` + aa` (,� hearing(date not yet set due to COVID-19 Pandemic) 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 site is located within the Shadowlawn subdivision; more specifically,the proposed Short Term Rentals are part of the Shadowlawn Villas II Condominiums. The surrounding area is a mixture of multi-family dwellings, duplex dwellings, single-family dwellings, and commercial uses. In addition,the property lies approximately .5 miles from the public beach of the Atlantic Ocean. The applicant's parking plan depicts one required off-street parking space for each of the two condominium style units associated with this Short Term Rental request and meets Zoning Ordinance requirements. The site is located within the RPPP and a condition is recommended that limits the number of Residential Parking Permit Program parking passes to two and prohibits the issuance of guest temporary passes through the program while the Conditional Use Permit is active. Arica Atkins and Melvin L.Atkins, Ill Agenda Items 20 & 21 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 598 Pinewood Drive(#203 and#208) 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(s)through the Residential Parking Permit Program (RPPP)shall be limited to two residential passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events with more than the permitted number of people who may stay overnight (number of bedrooms multiplied by three)shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property 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. Arica Atkins and Melvin L.Atkins, Ill Agenda Items 20&21 Page 4 12. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two(2) rental contracts during any consecutive seven (7)day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three(3) individuals per bedroom. 17. To the extent permissible under state law,interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • Three letters of opposition have been received by Staff relating to this request. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on April 27, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 10,2020,and May 17, 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 May 11, 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 May 21,2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 12,2020,and July 19,2020. • 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 July 13, 2020. Arica Atkins and Melvin L.Atkins, Ill Agenda Items 20&21 Page 5 • 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 24, 2020. • Seven letters of support/opposition have been received by Staff related to this request(three of the six letters were received on the May 27th Planning Commission public hearing date). Arica Atkins and Melvin L.Atkins, Ill Agenda Items 20&21 Page 6 Site Layout & Parking Plan Pinewood ® Drive 101 _ ) ►' <- , w o - Parking space assignment ' ry la i a_s.. ...___ - -n_--- - — lilt Th,. _ ..e, ! ,� Tit c VI i Required off-street Required off-street parking space — Unit 203 parking space — Unit 208 Arica Atkins and Melvin L.Atkins, Ill Agenda Items 20 & 21 Page 7 Street View in 601 n.....d Or p i f r ibG _ `_ -! lb fr.- I- ill - _______---- -NT I -,,-> 14m tit*t � ;�., 1 .L � mle R . - ter-�c c��' _�. .�:- .`- .. 4 J. '+`-y` jai = .err �� _ Gooa_Ie ...wk...am •arm.0. ,.,... .ti r... .m-"--. Street view from 2019 — There have been no known changes to the streetscape since this image was captured (Link) Arica Atkins and Melvin L.Atkins, Ill Agenda Items 20 & 21 Page 8 Site Photos • trfr _ P"-•. ! _r- ` _ wimumuLlitiotig- -----------_ _ 4 • _ 3 1 :Awf._'Nal --f lir"'''...- 111111.1111r Arica Atkins and Melvin L.Atkins, Ill Agenda Items 20&21 Page 9 Site Photos • .;;, If iUII11N011dii�iiiiiiiilllllllW • - .41111111111112 e • 3 =a, s:. a.. +. .. _.. �" ,4:�.tRii�.'�;�'",�a.-sew • Parking space for Unit 203 31Ir - r 1 r - ^"",� �•...yµ.- • e `_g. RA 1 Fri - - 4400 • Parking space for Unit 208 Arica Atkins and Melvin L.Atkins, III Agenda Items 20 & 21 Page 10 Disclosure Statement wtY Virginia Beach APPLICANT'S NAME i ri Ca MY-1 led 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 roust be updated two(2)weeks pikr to any Page 1 of 7 Planning Conimission and Cit.Council meeting that pertains to the aopllcatlon(s). APPLICANT NOTIFIED OF NEARING DAI£. 05-28-2020 ® NO CHANGES AS OF DATE. 06-01-2020 REVISIONS SUBMITTED DP i William Miller- WF.ZUa-w1.MWer06-01-2020 Electronic Signature Arica Atkins and Melvin L.Atkins, Ill Agenda Items 20& 21 Page 11 Disclosure Statement AB Vuginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: _________ If an LLC,list all member's names: If a CORPORATION,list the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. 0 Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization,AND THEN complete the following. (A) List the Property Owner's name: If an LLC,list the member's names: Page 2 of 7 Arica Atkins and Melvin L. Atkins, Ill Agenda Items 20& 21 Page 12 • Disclosure Statement .\43 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 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 Ii)one business entity has a controlling ownership Interest In the other business entity, (i0) a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.° See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Arica Atkins and Melvin L.Atkins, Ill Agenda Items 20& 21 Page 13 Disclosure Statement Mr3 APPLICANT/6 w iJG- -- Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if 1 needed) pin /� n Accounting and/or preparer of ( � o �dO s ,f I your tax return 151 ,VS, i p‘11 1 ✓ R Architect/Landscape Architect/ u ' Land Planner Contract Purchaser(if other than❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 0 — purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) 9Construction Contractors Engineers/Surveyors/Agents Mon) ,, \i1l 'e11,i Yle e YS Financing(include current F'L�/i^i'O n MOY+a4 10 mortgage holders and lenders .J! selected or being considered to provide financing for acquisition or construction of the property) ( I 21 ; Legal Services Real Estate Brokers/ I, Agents/Realtors for current and i anticipated future sales of the subject property _ _ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 5-7 an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Arica Atkins and Melvin L.Atkins, Ill Agenda Items 20 & 21 Page 14 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. 42(rr,�''-�'r ( 1.Ile.2oa=' APPIJ s SIGNATURE PRINT NAME DATE APPLICANT AND OWNER Page 5 of 7 Arica Atkins and Melvin L.Atkins, Ill Agenda Items 20& 21 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Arica Atkins and Melvin L.Atkins, III Agenda Items 20&21 Page 16 STR VICINITY MAP ARICA ATKINS AND MELVIN L ATKINS, III — 598 PINEWOOD DRIVE, UNITS 203 & 208 . _ :\___ 0., .,,,,,..4." . \----.-:(:' ',,:\ \ \ v t S c4 l_ CD rstr Vill 1rlit \cl.i • - 461,.. 1,„10%. .0 _, lo,ii St ee -(-(- gSt- s ,1 ' OS' 1 OS I *is . ora-iiv . ----- -"--,.. ' i:rint4 (16\tiD i_ - 117 ``\ / 'c 4\____ 74 $'� Qr -1l 1- - \\ -ii !, ,_- or o 1 N- lk-Av at `St _�_._._ lti t 1 ( � 1 1gt�� e Ifs� `� _ at-illlidialit r c A, ego ,- . .---- STA 4 ti - :t IOWA ' % * o 7 _', , - -. so 07 th .. 41111111111 \ vAlliP 1. TUS *'` e-V`\-e\'\ 10 . '—'— . r——1 ,- ,1r • Denied l -t LJJJ �I Al.Q Under Review , n !; 1 �� t � � t� T tWV u 0 Registered • 1 1 .,_A, ,,--., \ t '1 � �'r5 1 1 �,.�1 � if �-r`l 1 1 L��%r 5 t�•� - ITS ! 1--\---et i Items#20&21 Arica Atkins&Melvin L.Atkins,Ill Conditional Use Permit(Short Term Rental) 598 Pinewood Drive,Units 203&208 May 27,2020 RECOMMEND FOR APPROVAL-CONSENT Mr. Landfair: Agenda Items 20 and 21. Mr. Tajan: Just for a clarification for the public. The item is deferred indefinitely until the applicant can show that we can get an inspection and get their permit final once then we can then advertise it for the proper public hearing after it has been corrected. Mr. Landfair: Thank you, Mr. Tajan. Agenda items 20 and 21. Erica Atkins and Melvin Atkins for conditional use permit requests for Short Term Rentals at 598, Pinewood drive, Units 203 and 208 in the Beach District. The applicants are Erica and Melvin Atkins. Both Mr. and Mrs. Atkins have signed up to speak. Mr. and Mrs. Atkins, please provide a summary of your request. And remember to identify yourself for the record and pause three seconds before speaking, so that we can activate your microphone. Mr. and Mrs. Atkins, you have the floor. Thank you. Mr. Atkins: Hello, good afternoon commissioners. My wife and I were here, and she is with me now, we have purchased two Units in the Shadow Lawn Villas 2 complex and we purchased these two Short Term Rental them during the summertime months. And, you know, we are renting them during the winter months. I want to say kind of as an investment in the winter months, I do a lot of searching. We do a lot of stuff at the beach. We do the runs, we do awesome events down there, so we will take advantage of some of the wintertime stuff but primarily we are planning to run it abide by the rules,all your ordinances,all that good stuff. I just had to get through the process of the conditional use permit. These places have been Short Tenn Rentals for a very long time I think it used to be a motel home originally four blocks from the beach, it is a great area. We have upgraded up to thousand dollars in each unit, there is very small unit 700 square feet, not a lot of work. We have got ring the doorbells uninstalled and it is improved, I would say, it could improve security. Anyway, I think the Short Term Rentals are the way to go. I think they bring more value to the complex. I think the value to the area. I think they are better for the owners,you know,you get the people in for short amount of time, you take care of the place you are in there. All the time my wife actually manages to do everything in house. Actually, my wife does the cleaning, managing on inspections. We meticulously pick her our people on this summer, or five star they all have to be 1 government ID verified all kinds of credentials, if they have to have to stay there. It is really cool,we enjoy it. A little bit of money to be made, setting us up for later in life and it is kind of we are out there, and a couple bumps here and there with our association, they do not use the same regulations that you guys do, they do a seven day minimum so we actually do not re-rent within a seven day block. We can only do one guest per week there. So, we are a little bit of a disadvantage there but we still enjoy, so like it and still works for us and that is where we are at with that. Mr. Landfair: Thank you. Mrs. Atkins like to say anything? Mrs. Aktins: We actually,this is not like a new thing for us. We do have a Short Term Rental in another community in the Outer Banks it is very similar to this one. We have successfully ran that for the last two years. I actually go down,we have just turned that over to another cleaning lady so she actually does the cleaning, so I am not as hands on with that one. But, I actually managed that one from here we have had zero complaints from the neighbors it is a little bigger community than, what we have here at Shadow Lawn. But, the screening that we do, we do not rent to anybody under the age of 25. We are super picky about how many people stay. We do install the ring doorbells to be able to make sure that we can monitor that situation,make sure that you know we know how many people are going in and out of our unit. It also happens that our unit on the end 208, actually goes directly to it faces the exit. So, the ring doorbell on that actually does help out to see every car that exits the parking. So, it is definitely is a form of security there being able to see every car that comes and goes kind of thing. Mr. Landfair: Thank you. Are there any questions of the applicant by the Planning Commission? If so,please raise your virtual hand. Are there any questions of the applicant by the Planning Commission. If so, please raise your virtual hand. Staff acknowledges the virtual hand raised by Commissioner Graham. Planning Commissioner Graham, your mic is open for comment,please pause three seconds to be unmuted. Mr. Graham: This is a question for the applicant, you currently manage the property where do you reside. I do not need the exact address but you close by living. Mrs. Atkins: We actually live five miles from the community, so we are in Virginia Beach as well we are in Great Neck. Mr. Graham: Okay. And, how much of an investment did you make into the property, you said you did some work to it. 2 Mrs. Atkins: Yes, sir. We have put about 10,000,a little bit over into each property just upgrades and just kind of touch ups that needed to be done, paint flooring redoing cabinets, bathrooms, vanities, window treatments, those kind of things, lighting. Mr. Landfair: This is a really a question for William, it says here that they meet the parking requirement. Is there any issue with that? Will would you like to respond please? Mr. Graham: This is a question for William Miller. Mr. Miller: Here we go, it looks like they just unmuted me. I swear I was not ignoring you. So, each unit has one bedroom and there is one parking space for each unit. Like I said in earlier, there are five letters of opposition. I have read through all of them, I do not recall seeing anything about parking concerns that were brought up, it does not mean it was not there, I just do not recall that at this time. The other concerns that I talked about earlier were the ones that I made note of. So, I answered your question, I do not know of any currently. Mr. Landfair: Okay. Staff acknowledges the virtual hand raised by Commissioner Redmond. Planning Commissioner Redmond, your mic is open for comment, please pause three seconds to be unmuted. Mr. Redmond:No hand brother, no hand. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Alcaraz. Planning Commissioner Alcaraz your mic is open for comment, please pause three seconds to be unmuted. Mr. Alcaraz: Thank you. This is George Alcaraz, I should have gotten with Ms. Wilson before but I own the property across the street. And I just wanted to disclose that and I do not know these owners I do not know anything about the property across the street. So, I just want to make sure that it is aware that I am going to adjacent property and I will be voting. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Graham. Planning Commissioner Graham your mic is open for comment, please pause three seconds to be unmuted. Mr. Graham: So, I meant to unclick my hand I apologize. Mr. Landfair: Are there any more questions of the applicant at this time by the Commission. Staff acknowledges the virtual hand raised by Commissioner Wall. Planning 3 Commissioner Wall, your mic is open for comment, Please pause three seconds to be unmuted. Mr. Wall: Thank you. This is Jack Wall. I am curious how long have you been renting these properties. And maybe you mentioned that I may have missed it but if you could state that again. Thank you. Mrs. Atkins: A 208 Unit, since January, I believe. The 203, is just now getting completed, we just got flooring in as of last Sunday, so, we have not even started that rental yet. Mr. Landfair: I am sorry. Staff acknowledges the hand raised by Commissioner Oliver. Ms. Oliver: Hi, yes. I just want to make sure I am not sure if I heard you because I know you mentioned something about property in Shadow Lawn somewhere else in Shadow Lawn, do you all have another Airbnb? Mrs. Atkins: Actually, we have a few. The two properties that are located within Shadow Lawn Villas two, but the other property that we have that is an Airbnb is in the Outer Banks and it is in a similar community,but it is not in Virginia Beach. Ms. Oliver: Okay, thank you. Mr. Landfair: We have one speaker signed up to comment, Dennis Weber. Mr. Weber, note that you have three minutes to speak. Please identify yourself for the record, and pause three seconds before speaking. Thank you. Mr. Webber: Thank you very much. My name is Dennis Webber,just to like comment on it and mine will all be security based within the parking lot, there are absolutely no security lights whatsoever. So,it is a dark environment concerns,we do have some issues on break ins as early as just last night, I can forward video to you that there were people walking actually through the parking lot there, as well as went through our cars in our driveway. Fortunately, I did leave my car unlocked, went through it through the glovebox, fortunately they do not play golf. So my golf clubs were still in the trunk. If those are really my only concerns are security driven. If there was some more lighting in the parking lot maybe some more security cameras. I am not objecting to anything it is just, all safety, bringing a lot of people in here that do not live might be concerning. Thank you very, very much and appreciate your time. Mr. Landfair: There are no more speakers Madam Chair, you have the floor, Ms. Oliver for Planning Commission discussion. 4 Ms. Oliver: Right, thank you. I would like to close this hearing to open it up to the discussions for the Planning Commission or entertain a motion. So, if you have a comment or motion you will raise your virtual hand so staff can recognize that please. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Graham, your mic is open for comment, please pause for three seconds. Mr. Graham: I would like to motion that we approve the application for birth number 20 and number 21. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Weiner, your mic is open for comment, please pause for three seconds. Mr. Weiner: I want to second that motion. Mr. Landfair: Are any Planning Commissioners abstaining from the vote,please raise your virtual hand. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes, if you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Mr. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. 5 Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine, four and zero against agenda item 20 and 21 are hereby recommended for approval by the Planning Commission. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling units addressed as 598 Pinewood Drive (#203 and #208) 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(s) through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal 6 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 multiplied by three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property 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. 7 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. 8 R---7.5 , ( , ....— ,- \ \ c-_:-\-----"\ R-7:5 5'\---- \ %.v.; N V c9 \ !/ fir+' \ ___---„-- ----- — lI �, �/ R-7, r50 — R7.5 ' --\ ' co ��i R 7.5� ,-- ------\ \ _ ------ \ ___------- \ \ \ \ \ _y- /1 , ___ \____ r A Site Emily Perdoncin & Dennis Smith " \I\ Property_Polygons Q 2306 Oak Street Zoning Parking Lot Drive Aisle 112M11111110Feet 1----1 ❑i i;i,l;nn 0 510 20 30 40 50 60 I .r^.., 1 4y s � 5,_,,,,, CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: EMILY PERDONCIN & DENNIS SMITH [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 2306 Oak Street GPIN 15904173230000). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: July 28, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use on this 6,900 square-foot lot on property zoned R-7.5 Residential District (Shore Drive Overlay). The subject property contains one single-family dwelling. City records indicate the dwelling has three bedrooms. The maximum occupancy for guests on- site after 11:00 p.m. for a three bedroom Short Term Rental is nine. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this instance. • Considerations: This site is part of the Cape Story by the Sea neighborhood and is located approximately 300 feet from the public beach of the Chesapeake Bay. The parking plan illustrates a concrete paver driveway that can accommodate all three required off-street parking spaces. The requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional 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 May 27, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 2306 Oak Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be Emily Perdoncin & Dennis Smith Page 2 of 3 administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events with more than the permitted number of people who may stay overnight (number of bedrooms multiplied by three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property 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. Emily Perdoncin & Dennis Smith Page 3 of 3 11.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • 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 '9/) City Manager: 771L.\ Applicants & Property Owners: Emily Perdoncin & Dennis Agenda Item Smith �' Public Hearing: May 27, 2020 2. 2 City Council Election District: Lynnhaven Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner William Miller *00 . Location - 1111 2306 Oak Street , GPIN 1011 . irf 411111111311111111 15904173230000 Site Size 6,900 square feet Existing Land Use and ZoningDistrict "" st g Single-family dwelling/ R-7.5 Residential (Shore Drive Overlay) Surrounding Land Uses and Zoning Districts - North Duplex dwelling/ R-7.5 Residential (Shore Drive Overlay) South ` Single-family dwelling/ R-7.5 Residential (Shore �' t i ,� y Drive Overlay) 1 _ East � ''� ..000 Single-family dwelling/ R-7.5 Residential (Shore ski ± Drive Overlay) ` 1j ,r West z !' Oak Street i .. Single-family dwelling/ R-7.5 Residential (Shore '� Y '• {f _ Drive Overlay) 7. $" Emily Perdoncin & Dennis Smith Agenda Item 22 Page 1 Background & Summary of Proposal Site Conditions and History • This property is approximately 6,900 square feet and is located within the R-7.5 Residential District (Shore Drive Overlay). • The site is developed with one single-family dwelling. • According to City records, this home was built in 1950. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • On-street parking is not permitted on the east and west sides of the 2300 block of Oak Street. 'No Parking' signs are posted. • Staff inspected the site on February 7, 2020 to observe site conditions and take photographs for this report. Short Term Rentals in the Vicinity Ow 400‘01 IPPP-- wletl; "...0:8, -.c* 3_&$ 00 to 0 t;s1tAtttt s . "t" JO. it olitisk-•Aifik list ,, 7*- 014 ss..lit I io. �� v .PS % `i 'r oii& / ` dk ` Mj le �� • •0 *i ._,w--. , 0. 7 iv. .. is„, .- , STATUS -to--© `1 itsJ �.. - 40 Q Approved 1 �' .•0 O Denied I ' .� 0,01 ,�1 . illiat w , f 0 Under Review ��001 �� . -t 0 Registered • g� :0h own y' �� #sl�� t r \ 1 TOM re �� / 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. Emily Perdoncin & Dennis Smith Agenda Item 22 Page 2 • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided: 3 R.SR R-� c R S R ]5 k 0 ' R ,5, Zoning History ap„s^t'e N # Request _s = 1 NON (Expand duplex)Approved 05/28/2002 R 7 s , \ .,., '. 2 REZ(Comprehensive rezoning of Cape Story by the Sea) Approved 10/11/1965 2 G-)5 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This site is located within the Cape Story by the Sea subdivision, which is primarily home to single-family dwellings; however, there are numerous non-conforming duplex units scattered within the R-7.5 single-family residentially zoned portions of the neighborhood. In addition, there are approximately five blocks of R-5R duplex Zoning District found in the northeast corner of the community, which contain mostly duplex dwelling units. The subject property is located approximately 300 feet from the public beach of the Chesapeake Bay. The applicant's parking plan depicts three required off-street parking spaces within the existing driveway which meets the requirements of the Zoning Ordinance. Furthermore, 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. Emily Perdoncin & Dennis Smith Agenda Item 22 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 2306 Oak Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall 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 multiplied by three)shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property 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. Emily Perdoncin & Dennis Smith Agenda Item 22 Page 4 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners,and no objections were raised. 1 letter of support has been received by Staff related to this request. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on April 27, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 10, 2020, and May 17, 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 May 11, 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 May 21, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 12, 2020, and July 19, 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 July 13, 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 24, 2020. • One letter of support has been received by Staff related to this request. Emily Perdoncin & Dennis Smith Agenda Item 22 Page 5 Site Layout & Parking Plan 2306 Oak Street / 3-Bedrooms 60.00' -- —*--- -*---- -7-_-_X = -- u -11i PORT. 9' x 18' parking FRAME space on concrete SHED v"13.9' ` pavers LOT 405 x k x ` -- J 114‘ C O Lo tr. T � 1 .- , r p. 3.1' WOOD\ x I \ , • ' 15.0' 3 14.2'to �� S. �> 4.0'1,�in M 2 STORY M a FRAME a #2306 6.0' 38.1' ' ; • A .44 i :I_.C".0 I atv, el if f 4 Ai ,'+ ; i i NA � AIW '.. •-'.Y ♦v`IIPI�� II'♦I41II?1 OAK STREET (50' R/GYM Emily Perdoncin & Dennis Smith Agenda Item 22 Page 6 Street View lEMS Oak St 9 i -, x •iikt -. `•-.s -ems " '�_ `_ _ r ' � �' t , ,,C.- ��"' e. -.fib. - F - ,. ,s ; " �- ,`. - i opoppio 230 Rf// N k - ' Street view from 2015 — There have been no known changes to the streetscape since this image was captured (Link) Emily Perdoncin & Dennis Smith Agenda Item 22 Page 7 Site Photos t N 4 '. . • �' `'' Vi'nC a_ . + s • l jam -.{ _ w: . � . ' +t )R N. 6 _ e _ r : .."Milk • IIW- ' ; Emily Perdoncin & Dennis Smith Agenda Item 22 Page 8 Site Photos i /� 1• .v.4- mow '. •• . s j _ „} ,., t t c 2: $ , A 1 . _ ,..... ...___ .....fle, ....., ,...,_ . _ , , 0.L._- __ _m.i. ) ,, , , ,.%512,.._ - ._.. .... . _ __,.. . ... , ,: , _ , , . , ...„, 1-_,, _,-,-. •t lb lip c < a X� r. > w — r ,�`� `ter �►. � - ..•�,- .. . '-`-'t ...+- __ ; i ram. N :';'.` - "b h �' .:•.-ems''""`• 41 Emily Perdoncin & Dennis Smith Agenda Item 22 Page 9 Disclosure Statement Virginia Beach APPLICANT'S NAME Emily Perdoncin and Dennis Smith 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 Panning Commission and City Council meeting that pertains to the a: lication(s)- ® APPLICANT NOTIFIED OF HEARING DATE: 05-28-2020 ® NO CHANGES AS OF DATE: 06-01-2020 El REVISIONS SUBMITTED DATE_ William Miller— WaLiA n't'Miue.V06-01-2020 Electronic Signature Emily Perdoncin & Dennis Smith Agenda Item 22 Page 10 Disclosure Statement Virginia Beach EXCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. ri 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 Emily Perdoncin & Dennis Smith Agenda Item 22 Page 11 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship° means 'a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 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 Emily Perdoncin & Dennis Smith Agenda Item 22 Page 12 Disclosure Statement lir `7190 111 Applicant and OvvNER VtginiaBear.). YES NO I SERVICE PROVIDER (use additional sheets if needed) 71 ❑ Accounting and/or preparer of ohn Alleva 165 Bronx River Road your tax return Yonkers,NY 10704.(914)237 1500 U X Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Elthe Applicant) identify purchaser and purchaser's service providers Any other pending or proposed X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) LIX Construction Contractors 1-1 IIX� Engineers/Surveyors/Agents i° +-t%�• No1n1-e+ L.•+•.P .S�rr ui P c• Id L2 f (s(".•A.h. 3,.r z:1--'l N�1 L J!}.2352' Financing(include current 'owne Bank-mortag lender. + ci I I mortgage holders and lenders Emily Perdoncin-mortgage holder. selected or being considered to provide financing for acquisition or construction of the property) ILegal Services Real Estate Brokers / Amber Parker-Atkinson Realty, xii (� Agents/Realtors for current and Rental Agent who will be managing f ' anticipated future sales of the property.(757)425 2500 subject I)roi)ert: • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have x an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Pane'of 7 Emily Perdoncin & Dennis Smith Agenda Item 22 Page 13 • Disclosure Statement \fi3 Virginia Beach CERTIFICATION: 1 I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information 1 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 atjon.. _ _ ff<S't _ E MCI c iG�^«'^7 11�it`st` i — —1' _. _.._.- - -JPn,,•s r`.r," _ aIf/SI.2d APPUCANT'S SIGNATURE PRINT NAME DATE APPLICANT AND OWNER Page 5 of 7 Emily Perdoncin & Dennis Smith Agenda Item 22 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Emily Perdoncin & Dennis Smith Agenda Item 22 Page 15 STR VICINITY MAP EMILY PERDONCIN AND DENNIS SMITH - 2306 OAK STREET f S r I to '' All\- . - 4- '9 .--'\ ---\ it;--Si •` __-- -- \ \via'\ \Aw.1`.01114-41S"-I\` --\-\_\\ \ ,-,\ _•‘--- ,'(-:_/C3, _\:---.,____•-%"- --s'* .- --i---rit31.,::: 7 --- % \ Ilw— I Cirb v------- --V,-- - -,..-*c. II\V--.\---.-"A\---J-t---9"-7---- - ..\ •,.. \ \ \ , 1,11 ,\\-,_-.,,. - -,,--\---,-- \' \\ 4 --, \--___---\:---*X1\\-,:-. - -- ..... ,. _ A \ \--iot‘v-idi ‘ %. \_. ' . it,-\-_:__31) r-_____. ...)---- A .e'. t.1_-.L't\\ s_ STATUS {, rDrN r-- Q- - \ Q Approved 411 <; - -J L • Denied '` , - ,1 111°P101, �> Under Review ,- - j I • Items#22 Emily Perdoncin &Dennis Smith Conditional Use Permit(Short Term Rental) 2306 Oak Street May 27,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speaker signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda. Items number 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23. Thank you, Bill. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Townebank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second a motion to approve the following applications agenda items 1, 2, 3,4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18,22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. 1 I Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corner of Princess Anne Road in South Independence Boulevard, the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham, the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining,but I do need to disclose that I am on a board at Townebank, who is the lender on item number 22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman, the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this item 22, as mentioned by Mr. Graham that mentions Townebank or actually Townebank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: See, no more hands raised the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes, thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 2 • Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine, four and zero against with one abstention vote on items one and two by Commissioner Weiner. The following items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE • Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 2306 oak Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term 3 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 multiplied by three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property 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. 4 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. 5 -_I L__I a) - C o > i o R-5D rt - R:5,©� co /z iS p .c _ ,_J N................................... - -'---- Road r . Bonney Bonney goad I goad Bonney -7. A-8 I A Site w t Property_Polygons Geoffrey Whiteside Q 131 South Thalia Road Zoning Parking Lot Drive Aisle Ini mi. Feet Building 0 10 20 40 60 80 100 120 uN / S� -y�] fZ. . w,ei Z�l iu s: ..„ Z ` Z CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: GEOFFREY WHITESIDE [Applicant & Property Owner] Conditional Use Permit(Short Term Rental)for the property located at 131 South Thalia Road (GPIN 14778394260000). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: July 28, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use on a 4,200 square-foot parcel on property zoned R-5D Residential District. The lot consists of one single-family dwelling. City records note this home as containing three bedrooms. The maximum occupancy for guests on-site after 11 :00 p.m. for a three-bedroom Short Term Rental is nine. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this instance. • Considerations: This property is located within the Thalia Village neighborhood, which is primarily single-family dwellings. In addition, the parcel is situated approximately 0.75 miles from the heart of Town Center and roughly 8.20 miles from the public beach of the Atlantic Ocean. The parking plan notes the locations of three required off-street parking spaces; one within the garage and two in the driveway. The requirements of Section 241.2 of the Zoning Ordinance pertaining to Short-Term Rentals can be reasonably met by the applicant. A Board of Zoning Appeals variance was granted for the development of this parcel for the relief from the side yard setback requirement in September 2019. Additional 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 May 27, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 131 S. Thalia Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. Geoffrey Whiteside Page 2 of 3 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall 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 multiplied by three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property 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. Geoffrey Whiteside Page 3 of 3 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11 .Accessory structures shall not be used or occupied as Short Term Rental. 12.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department jP9'7 City Manager: 1 Applicant & Property Owner: Geoffrey Whiteside Agenda Item Public Hearing: May 27, 2020 City Council Election District: Lynnhaven 23 Virginia Beach Request Conditional Use Permit (Short Term Rental) 'Staff Recommendation "" ..1.—Approvali ' i Staff Planner iTY1 William Miller ______ / Locationi , 131 South Thalia Road t GPIN - 14778394260000 1 Site Size .,_ x 4,200 square feet Existing Land Use and Zoning District '- l""4' Single-family dwelling/ R-5D Residential Surrounding Land Uses and Zoning Districts North Single-family/ R-5D Residential South411 Single-family/ R-5D Residential East ,, 7_.. South Thalia Road •, ,- - s' v Single-family and duplex/R-5D Residential4.4 West r -•. -.. Single-family/ R-5D Residential ` "' "eilli` r .K_ +*. J'.* t Geoffrey Whiteside Agenda Item 23 Page 1 Background & Summary of Proposal Site Conditions and History • This property is approximately 4,200 square feet and is located within the R-5D Residential District. • The site is developed with one single-family dwelling. • According to City records,this dwelling was constructed in 2019. • No records of previous Short Term Rental use zoning violations were found associated with this address. • On-street parking is not permitted in the 100 block of South Thalia Road.This prohibition begins approximately 150-feet north of the intersection of South Thalia Road at Bonney Road and continues north to the intersection of Thalia Road and Virginia Beach Boulevard. 'No Parking' signs are posted. • Staff inspected the site on February 7, 2020 to observe site conditions and take photographs for this report. Short Term Rentals in the Vicinity I V MEM ISM Egream - in... -`o•tch' - — • :r ■ �� pMININ .. MI _ _; I 12=_ . - Y u CO • � , .,__„__,., eel 0.,„6. ,-- ..-1 ,....-- `:_ FA ilikr".' w Lcfat j i t .10....I � 0 s i i m NI" ilium •STATUS / �'_ a�-"` ® Approved �'�� p ,,,,,, _, . • Denied — = a. at d c Under Review 3 O Registered hx 63 Wales Drive A 1 r V i' 6 s a e ',- 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 bedroom): 9 Geoffrey Whiteside Agenda Item 23 Page 2 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided: 3 (two in the driveway and one in the garage) J C— -I I= II U L ■R-1U E-i -- . - �- I I ©C- R Rico r I _ , i — �� R�or, �' Zoning History R [ g # Request �� 1 --' 1 CUP(Home occupation—Financial services office) --- t 4�'E L 1 ' /� Approved 02/26/2008 r . " �-ii- imi - `T'- 2 CRZ(A-24 to PDH2[A-12])Approved 03/22/2011 Ur, . "°'d ( 3 CRZ(0-1 to A-24)Approved 10/09/2012 - 1 4 CUP(Nursing home expansion)Approved 03/12/1997 '> ' 'i A U A i 2 -4 l ,- , 9 „ fil r RYs4i , - 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 site is located within the Thalia Village subdivision,which is primarily home to single-family dwellings south of Southern Boulevard. Like recent redevelopment patterns in the neighborhood,the subject lot is substandard in width. As a result,the property was developed with a 19-foot wide single-family dwelling. In addition,the subject parcel is approximately .75 miles from the central area of Town Center.The applicant's parking plan depicts three required off- street parking spaces;one within the garage and the others in the driveway.As permitted by Section 241.2(1) of the City Zoning Ordinance,the Zoning Administrator reviewed the parking plan and deemed it acceptable; however, a condition is recommended that assures the garage will always be available for the Short Term Rental occupants. Furthermore,the 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. Geoffrey Whiteside Agenda Item 23 Page 3 • • Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 131 S. Thalia Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall 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 multiplied by three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property 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. Geoffrey Whiteside Agenda Item 23 Page 4 13. The Short Term Rental shall have no more than two(2) rental contracts during any consecutive seven (7)day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00)underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m.and before 7:00 a.m. ("Overnight Lodgers")shall be three(3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. Two letters of support were received by Staff relating to this request. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on April 27, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 10,2020, and May 17, 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 May 11,2020. • 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 May 21, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 12, 2020, and July 19, 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 July 13, 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 24,2020. Geoffrey Whiteside Agenda Item 23 Page 5 Site Layout & Parking Plan 35.00' p r—x —x —x —x 7 - - - I I ; LOT 22 F [Anal(' PREAIVATE bRAINA&EEASEMENT wq 0.0964 AC. " IConcrete driveway L1 .il 9' x 18' parking space g„ 19.0.. N I 8 r 9' x 18' parking space -�I *o the in garage I 2-5T-FR I#131 I —x 8.07 x -._ -- 7.87 iIIMUNII l i 00/ rir APPROX.LOCATION OF //� 15' VA.POWER EASEMEN /O e sidewalk _I \_ 5. THALIA ROAD (60' R/W) Geoffrey Whiteside Agenda Item 23 Page 6 • Site Photos *kr . . I - - s. ,- 1 i ommisopmei 131 S.Thalia Road- • �r: h.n- h � 8 9np.gM_I.YYA9 .�Om.. U099W I nu I1 1.pd4. Street view from 2019 — Two additional homes, including the subject dwelling, have been constructed since this image was captured (Link) Geoffrey Whiteside Agenda Item 23 Page 7 Site Photos 0 So 1 e y'-1 ,..,7.*,3,.‘.4'„ • ® . 4 ;:,;1 0:10,r0i 0.6;:i'' i'i11I-14I.21 ; _ �_ Iilllli 1 " —� ,I its+ pL 1 ' 4 : gt :W T - x' €.5. 44 gift f-^°rl % %.*,to 3 g rWs}�}_ .-j ry ='Y3y s� r- "" . f t ,, F`w e* i4 his ' Y P« y lat min .. . . _ `'� i'' i Erf Geoffrey Whiteside Agenda Item 23 Page 8 Site Photos _ .... .a. S N ti • e� ; j` '. •ham II • 1111111111II 17 11, --� ti �`^ s r--_• rLEN r---- r------• P R 1, Geoffrey Whiteside Agenda Item 23 Page 9 Disclosure Statement X ma 's •_{ $ n♦e APPLICANT'S NAME trz)k, 6 ( DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure (Historic Review Board) _ 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(7)weeks prior to any Page 1 of 7 I lannin Commission and City Council meeting that I e,tains to the a) lication(s). ® APPLICANT NOTIFIED OF HEARING DSTE 05-28-2020 ® NO CHANGES AS OF DATE. 05-29-2020 II REVISIONS SUEMITTED DATE William Miller- Wu!Zia.vniivia er06-01-2020 Electronic Signature Geoffrey Whiteside Agenda Item 23 Page 10 Disclosure Statement \13 Virginia Beach ID 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:_ I''t1 Sf t) ,5 * If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 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 *Geoffrey Whiteside is the owner and applicant—His name is on the property deed—Deed #s20191227001097450/20200127000086850 Geoffrey Whiteside Agenda Item 23 Page 11 Disclosure Statement Alf3 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§ 2.2-31 01. 2 "Affiliated business entity relationship" means "a relationship, other than p, parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner In the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2 2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item Is YES, please Identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Geoffrey Whiteside Agenda Item 23 Page 12 Disclosure Statement Owner and APPLICANT Virginia Beach YES NO SERVICE 1 PROVIDER(use additional sheets if needed) ❑ Egi Accounting and/or preparer of your tax return n Architect/Landscape Architect/ I ' LLLJJJ/ Land Planner CI _ __/ Contract Purchaser(if other than I V� the Applicant)-identify purchaser and purchaser's service providers / Any other pending or proposed❑ UriT purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors L i n C.o n, 1-+u'i gEngineers/Surveyors/Agents k L. (S' 4 t jouia y ,loth , /d Atir Financing(include current Vetere,n� J El holders and lenders selected or being considered to 11141;faze provide financing for acquisition eU or construction of the property) Legal Services H Q r)9 e,' Real Estate Brokers/ l 6r�4f tr: ,&rk3h,Mi lr�'Y Agents/Realtors for current and tp-fiyi&atJ anticipated future sales of the f subject property 41,-O `}RCjii*✓ .r't .r'0 • 6 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 Geoffrey Whiteside Agenda Item 23 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. C�ro4'rey CUAi� 1 z!ao APPIT A S SIGNATURE PRINT NAME _ DATE APPLICANT AND OWNER Page 5 of 7 Geoffrey Whiteside Agenda Item 23 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. Geoffrey Whiteside Agenda Item 23 Page 15 STR VICINITY MAP GEOFFREY WHITESIDE — 131 S. THALIA ROAD 1 �m D'atch Sttt i �eet — �' ), I — 1 i-T - — o _ - f �` I , I - l_____ ,1 Ia40d S C - = .E._ • 1 d '----` __----; yr-- it \ .>...,.._ .--" - -- , 1.: / / ty ' .- : F.� GD 1n�e�nes _Ro'ad _ '±:. �- - STATUS -=(0-1-- - ) Approved I. L �� • Denied --'` ) %' ,I) 0 Under Review '0 Registered riX'Rorts V Wales Drive/ t0' r I I Items#23 Geoffrey Whiteside Conditional Use Permit(Short Term Rental) 131 S.Thalia Road May 27,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speaker signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda. Items number 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23. Thank you, Bill. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Townebank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second a motion to approve the following applications agenda items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. 1 Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corner of Princess Anne Road in South Independence Boulevard, the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham, the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining, but I do need to disclose that I am on a board at Townebank, who is the lender on item number 22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman, the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this item 22, as mentioned by Mr. Graham that mentions Townebank or actually Townebank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: See, no more hands raised the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes, thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 2 Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine, four and zero against with one abstention vote on items one and two by Commissioner Weiner. The following items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 131 S. Thalia Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 3 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events with more than the permitted number of people who may stay overnight (number of bedrooms multiplied by three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property 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- 4 • 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 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. 5 -- t a \\_________\ V________s_______ ---"A V.---- l'--\\, \' __\ 1 "---) ___------ `I 0 v \------"\ ---\____----3 R 'S \----'"''\' r, ---------A , ,, / R-5S ., ---7,_ \________.._ / ,________us ,__. _ . . t 1 I 3 . _ -- //ft „ _ f __ _ ____ „._ _____ ___ _ _ „_,,,, .. u \ Carolina AV en .t y R-5S _____r_1-7\ \ ��, Site vi, L Property_Polygons Justyce Swango Vi 521 Carolina Avenue Zoning Parking Lot Drive Aisle Feet Building 0 510 20 30 40 50 60 ,,ci,z)--, ,O i s; CITY OF VIRGINIA BEACH AGENDA ITEMI ITEM: JUSTYCE SWANGO [Applicant] JAAG INVESTMENTS, INC. [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 521 Carolina Avenue (GPIN 24271301130000). COUNCIL DISTRICT — BEACH MEETING DATE: July 28, 2020 • Background: On June 9, 2020, City Council voted to deny the application. The applicant claimed that due to the semi-virtual nature of the public hearing, technical difficulties hindered her from fully presenting her case. On June 16, 2020, City Council voted to reconsider the application at the July 28, 2020 City Council meeting. The applicant is requesting a Conditional Use Permit for Short Term Rental use for a single-family home located within the Shadowlawn neighborhood. The 6,000 square-foot lot is zoned R-5S Residential District. City records note this home as containing four bedrooms. The maximum occupancy for guests on-site after 11:00 p.m. for a four-bedroom Short Term Rental is twelve. The minimum number of parking spaces required for this use is one per bedroom, or four spaces in this instance. • Considerations: The subject lot is located approximately IA mile from the public beach of the Atlantic Ocean. The surrounding neighborhood is characterized by smaller, single-family lots. The submitted parking plan shows that all four required parking spaces are accommodated on the site in front of the dwelling unit. Initially the driveway was not installed as per the permit; however, the applicant has since corrected the mistake and the driveway is in compliance. The proposed Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP), which was established to ensure the protection of stable residential neighborhoods while addressing the need for employee parking for businesses at the oceanfront. As the site is within the designated RPPP area, where on-street parking is limited, a condition is recommended that limits the number of guest and temporary passes available while the Conditional Use Permit is active. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this request and no letters of support have been received by Staff. Justyce Swango Page 2 of 4 • Recommendations: On February 12, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 521 Carolina Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As illustrated within the "Site Layout and Parking Plan" section of this report, four off-street, all-weather, hard surface, parking spaces are required and must always be available to the Short Term Rental occupants while renting the unit. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short-Term Rental where the Short-Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events with more than the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short-Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. Justyce Swango 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. Justyce Swango Page 4 of 4 • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 129/) City Manager: 1i,A(—, BApplicant:Justyce Swango Agenda Item Property Owner:JAAG Investments, Inc. Public Hearing: February 12, 2020 18 City Council Election District: Beach Virginia Beach Request Conditional Use Permit (Short-Term Rental) Staff Recommendation }---"---c--- •••. * \ Approval Staff Planner William Miller _,; d , s AN- Location �' 521 Carolina Avenue W ,T GPIN 2427130113 Oil �� Site Size SO 6,000 square feet _ a Existing Land Use and Zoning District Single-family dwelling/ R-5S Residential Surrounding Land Uses and Zoning Districts North Single-family dwellings/ R-5S Residential ,�`` South , Carolina Avenue .Y t�� ki 't,,: Single-family dwellings/ R-5S Residential ' ' ? East `rs x. ,,,,_: 4)1; -- - AK. Single-family dwellings/ R-5S Residentialmit _ ,.., 't�. ril t «,r West t Single-family dwellings/ R-5S Residential z., let " ` ti L. ,.. " _ ` • • -rain , s •Y 0r♦ R .. . . . _ rot . v litiki., , , --'1, . III' , .! . :", ' . ill.: ' 74,44 •, ...., ,i k-,z 1 oviii.......H 1, ' ., v,.".. ...1,104• 41,44/L44.4: Justyce Swango Agenda Item 18 Page 1 Background and Summary of Proposal Site Conditions and History • The site is a 6,000 square foot parcel located within the R-5S Residential District. • A total of one single-family dwelling is located on the parcel. • According to City records, this dwelling was constructed in 1966. • No previous zoning violations or City Council actions were found relating to this address. Summary of Proposal The applicant submitted a Short-Term Rental Conditional Use Permit request for the single-family dwelling located on the subject site. The regulations for Short-Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short-Term Rental: 4 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 12 • Number of parking spaces required (1 space per bedroom required):4 • Number of parking spaces provided: 4 Justyce Swango Agenda Item 18 Page 2 AvM m 5 _\ \ \--'i\-cr-ls- : \ ' -,------- err _ R SS i , ,t ,.....r- �� Zoning History ---\ �; # Request s 1 / • ° R•SS 1 NON (Enlargement of a Nonconforming Use)Approved cow.ou. -•--,V 01/05/16 II\ R S3 , ° �. { r - `"`...a�-- R S s Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation This site is part of the Shadowlawn neighborhood and is located approximately .4 miles from the public beach of the Atlantic Ocean.The expanded driveway serving the dwelling can accommodate the off-street parking spaces required. Furthermore, the requirements of Section 241.2 of the Zoning Ordinance regulating Short-Term Rentals can be reasonably met by the applicant; however, the proposed Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP). This program was established to ensure the protection of stable residential neighborhoods while addressing the need for employee parking for businesses at the oceanfront. As the site is within the designated RPPP area, where on-street parking is limited, a condition is recommended to limit the number of guest and temporary passes while the Conditional Use Permit is active. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 521 Carolina Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As illustrated within the "Site Layout and Parking Plan"section of this report, four off-street, all-weather, hard surface, parking spaces are required and must always be available to the Short Term Rental occupants while renting the unit. Justyce Swango Agenda Item 18 Page 3 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP)shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short- Term Rental where the Short-Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events with more than the permitted number of people who may stay overnight(number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short-Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short-Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short-Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71(noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short-Term Rental. 13. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three (3) individuals per bedroom. Justyce Swango Agenda Item 18 Page 4 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short-Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • The applicant has reported no meetings/contact with surrounding property owners or civic leagues. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 13, 2020. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays,January 26, 2020, and February 2, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on February 6, 2020. City Council • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020 and May 31, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 25, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 5, 2020. • No letters of support/opposition have been received by Staff relating to this request. Justyce Swango Agenda Item 18 Page 5 Site Layout and Parking Plan {:x: ,cam `FRAME ' :p,, is SHED if -r;v v 7 r 1 .. c _itilt.tr.:-= d Driveway i 10.1 10.7 1 si ,: r 9'x18' `r A 20.V parking space o y 1—STORY o ( & FRAME o # 521 ' 8 .—+x- 6 KO' a ' II Jo y _ _ __ 111117r , 1 2 3 4 :I El - . - . — i :::: . 60.00' CAROLINA AVENUE Justyce Swango Agenda Item 18 Page 6 Site Photos ,-4. -'•,:,-Alio : ilif 4 4 ‘s ,c ,, , . tli . po„..,144,44,1100,i4intiolit .. .. _ _ _ __________ i r.,„„ ,iji _ _.....4citly,-,rabh._ ...______ r ,... ...... ram .. i .i i t II -,8, r�i F.fi,��l� , - ui „� ( `1 .� z.'J 1 ,1c - v Justyce Swango Agenda Item 18 Page 7 Disclosure Statement iFt,1't'.ii b.a 1;T ,,{{� )c --it'w^, rO ff, t' s K" >s W,TOW��"744:'+ 00i .ire'►'Pit A 1., t't t S'N' #?t .�. • �ii a't,1 '1. frT 'i4 ��-%� �.t' 1 liro:Jb xf5 ,-. , 'i,e{, :,::.•k;��,�i' t- f to p ��0b�. • tYs' ., x ;I " '�4.,r,.;,:" :'.s • tc},al' Ffar.'eb i< L S^1. 6 �;, -� -T:!. ,p� e 9 ;A e` t ;fix-ti" i • i fic tim" 3Alo '—'ri*2"' 4` y tt!v.0 ;i S: .fit TvsryCE swla►v60 `,t3 APPLICANT'S NAME J f& INVESTTI MSS JNC. (Ovvt\ r .) 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 Nanning Commission and Ciry Council meetlnu that pertains to the aL,pllcatlon(s). APPLICANT NOTIFIED OF HEARING DATE 2.es.La ate NO CHANGES AS OF DATE: 2.W.215 REVISIONS SUBMITTED DATE: w:11 Mttt -r- A2 _ .2.14.Zp Justyce Swango Agenda Item 18 Page 8 Disclosure Statement ,y St�t I t y} .arts ;e 7. '^)Y f ,"--r+y - Sy__ ;� - _�'_•y '�P t'� • b •rIV dc' ;3x ,t 5 v�A~� t?' -iJ RC. ua �` Y,%, • LNG' y •C "• ° l ��•t 'i „ ! w +�''`"t Yi�k7�"Y" 1 4 !. Check here if the APPLICANT IS NOT a corporation, par r hip; firm, business, or other unincorporated organization. 0 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary! or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here If the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. XI Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization,AND THEN, complete the following. (A) List the Property Owner's If an LLC, list the member's names: _ Page 2 of 7 Justyce Swango Agenda Item 18 Page 9 Disclosure Statement .r y�1 11. t .. ', -:.,p7�OZ: ft y .yxN�137-.0•A 4 - .9c '• F `W SJ - 'tom r 4 ' (�S.r f'•boa-1 ;r 9i tij4 T.. •� Yt . .a • '" • 'µi»• 7+' y 1',1 t,: ' If a Corporation, list the names ofali officers,directors, members,trustees, etc. below: (Attach list If necessary) Jason Swango India Swango (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 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 (1)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (Ili) 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 Justyce Swango Agenda Item 18 Page 10 Disclosure Statement APPLICANT Virginia Beach YES I NO J SERVICE j I PROVIDER(use additional sheets If l needed) F:4 Accounting and/or preparer of Roger Porter, CPA �, your tax return Colby&Company PLC X Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than JAAG Investments, INC X ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed *I- ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) [X Construction Contractors Engineers/Surveyors/Agents Financing (include current Towne Bank ri mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El Legal Services Real Estate Brokers / n Agents/Realtors for current and 1 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 z an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Justyce Swango Agenda Item 18 Page 11 Disclosure Statement -vro i -arr J ` Wag.? -fit„ar'`.ip ti' „i'�,�„"'4z r .q• s}vf ''�y"Bi 7v fx.. '`'`.ySSt'r :2 -�"x� e Y.' ✓ '� -} i+}`5 gy `S�P+.'{� ,jf• �'Y' �rc{Y�. f �- st +i• %S r FF 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 1 meeting, or meeting of any public body or committee in connection with this Application. APPU 'S SIGN E PRINT NAME 1 DATE TYCS1Ne??) i2-19-Zo�� Page 5 of 7 Justyce Swango Agenda Item 18 Page 12 Disclosure Statement OWNER Virginia Beach YES NO SERVICE LPROVIDER(use additional sheets if ._. needed) M n Accounting and/or preparer of Roger Porter,CPA your tax return Colby&Company PLC Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than JAAG Investments,INC Elthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed — X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) IXConstruction Contractors Engineers/Surveyors/Agents Financing (include current Towne Bank 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 e 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 Justyce Swango Agenda Item 18 Page 13 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. PRO RTY NER'S SIGNATURE PRINT NAME DATE �11 r‘. 5w0. \0(_`. (I/I rl R Page 7 of 7 Justyce Swango Agenda Item 18 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Justyce Swango Agenda Item 18 Page 15 i -10C----- / N. ,, it-------- f l-- ,... .. A ,,,... .---4,4-011)--- -1-=,,.:cj D _ -- i LLJ i .1-G. -7,r:-_-_\) :_Ct '*4,----- 001011% c.,l, --� ; `y Jos= i < —I --'1,k, ' ei \ ----\ _j___- ,... 2 oc 4 r 1 i, r�,`aa�t�ti p►Ve .- - _ NJ 151:::: r.._ -111--:.1 ___„....2 t /Wm ,0 i t coue U I --o� _ °'' '�'_'��,�le•i �_ -; C,r 1 e ^ --.__- ..Chet cae Amalfi. L. 70-7-__Fc-A- - %-- - \-Ailik‘ll_. 1 . . _ ft U - ,..- ____„ `` ;;==ram e ____ `,�-LLJ 7 I, -, , , , ----, ,, en cm >,,-ram 2 2r , 1s g .L . ck-14. -J :.:. ..CZ Qp r ¢. qn 61 7/3 rn ',O Z 1.= 3V---- t•Tb, } C . , co -I 0 D Cr .. n �11 _ 1' 1Y i V• t .— o • oo - i u) r Item#18 Justyce Swango Conditional Use Permit (Short Term Rental) 521 Carolina Avenue February 12, 2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Okay, is there any opposition this being placed on the consent agenda? Thank you, Madam Chair there are many items on the consent agenda for short term rental. The planning commission places the following applications for conditional use permit for short term rental on the consent agendas. These applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications therefore there's no opposition to the request and these are items number 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25. That being said, I move for approval on the consent. I am sorry 25 is deferral, thank you. Okay. That being said, I move for approval on a consent agenda items, One, five and six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26. Ms. Oliver: Yes. Mr. Inman: I need a make a disclosure that at least one item on the consent agenda shows financing by Town Bank. I serve on the advisory board for Virginia Beach Town Bank, in that capacity I don't make any decisions on loans or merely an advisory position. So I will be voting on these matters. Ms. Wilson: Those items are 10, 11, 12 and 18. Ms. Oliver: Yes. Mr. Graham: Madam Chair, I too need to disclose that I am on a board of Town Bank of the same items and I will be voting today. Ms. Oliver: Great, yes. Mr. Weiner: Madam Chair. I need to abstain the item number five Spence Crossing at the corner of Princess Anne Road Independence Boulevard, the developer is my client. Ms. Oliver: Anyone else? Okay. Make a motion. Mr. Weiner: I made a motion already. 1 Ms. Oliver: Do I have a second? Mr. Graham: I second. Ms. Oliver: Okay. Thank you. Ms. Sandloop: The vote is open. By the recorded vote of 9-0, agenda items 1, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26 have been approved by consent with Commissioner Wiener abstaining from Agenda Item number five. Ms. Oliver: Great. Thank you very much. And I would like to thank all the applicants for coming down today who had a matter on the consent agenda and attending the hearing. All these items will be scheduled for hearing with the City Council to be announced. And so if you'd like to take this opportunity to leave before we start our hearings, you are welcome to do so. Thank you again for coming down. The next order of business will address the remaining matters on our agenda. And I would ask the city clerk to call the first item. AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ _AYE BARNES •AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER •AYE REDMOND AYE WALL AYE WEINER AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 521 Carolina Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As illustrated within the "Site Layout and Parking Plan" section of this report, four off-street, all-weather, hard surface, parking spaces are required and must always be available to the Short Term Rental occupants while renting the unit. 2 4. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five(5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short-Term Rental where the Short-Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events with more than the permitted number of people who may stay overnight(number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 7. owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short-Term Rental is not required. The 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short-Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. the extent permitted by state law, each Short-Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. To 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. All 12. Accessory structures shall not be used or occupied as Short-Term Rental. 3 13. No signage shall be on-site, except one(1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven(7) day period. The 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16. shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. There 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three(3) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short-Term Rental. 4 G. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW & ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD CONVENTION & VISITORS BUREAU COMMUNITY TASK FORCE DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION H. UNFINISHED BUSINESS I. NEW BUSINESS J. ADJOURNMENT *********************************** 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:07/21/2020 PAGE: 1 B AGENDA E R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BCDNOMOO L W 0 0 C Y L NOUWS 0 T THE EES S E 0 0 E T I R Y S S ER NDN CITY MANAGER'S BRIEFINGS A. COVID-19 PUBLIC SAFETY UPDATE Dr.Demetria Lindsay, Director—Virginia Beach Public Health Erin Sutton,Director —Office of Emergency Management Steve Cover,Deputy City Manager B. EMERGENCY HOUSING ASSISTANCE Andrew Friedman, PROGRAMS UPDATE Director—Housing and Neighborhood Preservation C. POLICE INTERNAL AFFAIRS Regina Hilliard, INVESTIGATIONS AND INVESTIGATIVE Director—Human REVIEW PANEL Resources Deputy Chief Patrick Gallagher—Police 11. CITY COUNCIL DISCUSSION A. CARES ACT FUNDING C. MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y I. INFORMAL and FORMAL SESSIONS July 14,2020 ADD Resolution to name the Lake Gaston Pump ADDED& 11-0 Y Y Y Y Y Y Y Y Y Y Y ON Station at 210 Beddingfield Way,Valentines, ADOPTED Virginia,"The Thomas M.Leahy Municipal Pump Station" D. PUBLIC COMMENT 14 SPEAKERS REFERENDUM re DISTRICT-BASED VOTING FOR SEVEN(7)CITY COUNCIL DISTRICT REPRESENTATIVES E. PUBLIC HEARING 2 SPEAKERS NON-EXCLUSIVE FRANCHISE Kitty Hawk Wind,LLC G.1. Ordinance to AUTHORIZE the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Manager to EXECUTE a Lease for up to five CONSENT (5)years with Virginia Museum of Contemporary Art(MOCA)for City- Owned property at 2200 Parks Avenue G.2. Ordinances to AMEND City Code Sections: ADOPTED,BY 11-0 Y Y Y YYY Y Y Y Y Y CONSENT a. 5-501 re increased length and weigh limit of a tether for dogs b. 17-5,23-31,and 23-32 re increase value threshold for petit larceny c. 38-I re terminology for concealed weapons (replace"slingshot"with"sling bow",and correct a typographical error) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/21/2020 PAGE: 2 B E AGENDA R ITEM II SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC D N OMO 0 L W 0 O C Y LNOUWS 0 T THEE E S S E O O E T I R Y S S ERNDN G.3. Ordinance to AMEND City Code Chapter 23 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y re illicit sexual activity CONSENT H.1. MELISSA&PAUL VENABLE,KEVIN& APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y ELIZABETH BAUM/WILLIAM WARNOCK for a Change of Nonconformity re expand second story and add a new roof to an existing duplex at 213&215A 69th Street DISTRICT 4-LYNNHAVEN H.2. CHURCH OF THE ASCENSION/THE APPROVED/ 11-0 Y Y Y YYY Y Y Y Y Y ROMAN CATHOLIC DIOCESE OF MODIFIED RICHMOND for a Modification of Conditions re build a one-story administrative office at 4853 Princess Anne Road DISTRICT 2-KEMPSVILLE H.1 VOGUE LASHES&SPA/LASKIN APPROVED/ 11-0 Y Y Y YYY Y Y Y Y Y ROAD,LLC for a Conditional Use Permit re CONDITIONED tattoo parlor at 933 Laskin Road DISTRICT 6-BEACH H.4. INKCREDIBLE TATTOO,LLC/DAM APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y NECK CROSSING,LLC for a Conditional CONDITIONED Use Permit re tattoo parlor at 1630 General Booth Boulevard,Suite 112 DISTRICT 7- PRINCESS ANNE H.5. EMMANUEL B.PLATON/METRO APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y HOLDINGS,LLC for a Conditional Use CONDITIONED Permit re automotive repair garage at 5044 Cleveland Street DISTRICT 4-BAYSIDE H.6. RYCHAE LYNEA REED/JOAQUIN V. APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CASTRO for a Conditional Use Permit re CONDITIONED,BY family day-care home at 1674 Dylan Drive CONSENT DISTRICT 2-KEMPSVILLE H.7. LORNA C.DONATONE,QPRT/SCOTT APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y &KATHERINE MORIN for a Conditional CONDITIONED,BY Use Permit re community boat dock at 1421 CONSENT &1423 Blue Heron Road DISTRICT 5- LYNNHAVEN H.8. LINDA M.ADDISON fora Conditional Use APPROVED/ 11-0 Y ` Y Y Y Y Y Y Y Y Y Y Permit re home-based wildlife rehabilitation CONDITIONED,BY at 1717 Dancers Court DISTRICT 1- CONSENT CENTERVILLE H.9. CITY OF VIRGINIA BEACH-Ordinance DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y to AMEND Section 201 of the City Zoning INDEFINITELY,BY Ordinance(CZO)re setbacks for inground CONSENT pools adjacent to the Atlantic Ocean UJ ADJOURNMENT 7:45 PM